20170307 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES
March 7, 2017
ELECTED OFFICIALS PRESENT
Dave Earling, Mayor
Thomas Mesaros, Council President
Kristiana Johnson, Councilmember
Michael Nelson, Councilmember
Adrienne Fraley-Monillas, Councilmember
Diane Buckshnis, Councilmember
Dave Teitzel, Councilmember
Neil Tibbott, Councilmember
1. CALL TO ORDER/FLAG SALUTE
STAFF PRESENT
Phil Williams, Public Works Director
Carrie Hite, Parks, Rec. & Cult. Serv. Dir.
Shane Hope, Development Services Director
Scott James, Finance Director
Mary Ann Hardie, HR Director
Rob English, City Engineer
Kernen Lien, Senior Planner
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Andrew Pierce, Legislative/Council Assistant
Jerrie Bevington, Camera Operator
Jeannie Dines, Recorder
The Edmonds City Council meeting was called to order at 7:01 p.m. by Mayor Earling in the Council
Chambers, 250 5b 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.
3. APPROVAL OF AGENDA
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS,
TO APPROVE THE AGENDA IN CONTENT AND ORDER.
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT
MESAROS, TO AMEND THE AGENDA TO COMBINE ITEMS 8.3 AND 8.2. AMENDMENT
CARRIED (6-1) COUNCILMEMBER TEITZEL VOTING NO.
MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY.
4. APPROVAL OF CONSENT AGENDA ITEMS
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT
MESAROS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY.
The agenda items approved are as follows:
APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF FEBRUARY 28, 2017
2. APPROVAL OF COUNCIL MEETING MINUTES OF FEBRUARY 28, 2017
Edmonds City Council Approved Minutes
March 7, 2017
Page 1
3. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND
WIRE PAYMENTS.
4. PROPERTY ACQUISITION
5. APPROVAL OF FUNDING AGREEMENT FOR THE 2017 HEALTH & FITNESS EXPO
6. APPROVAL OF INTERLOCAL AGREEMENT BETWEEN CITY OF EDMONDS AND
EDMONDS SCHOOL DISTRICT NO. 15 FOR USE OF SCHOOL FACILITIES FOR
PROVISION OF EMERGENCY SERVICES
7. FINAL ACCEPTANCE OF THE 2016 WATERLINE REPLACEMENT PROJECT
8. JANUARY 2017 MONTHLY BUDGETARY FINANCIAL REPORT
5. PRESENTATIONS/REPORTS
GRANT AWARD FROM SNOHOMISH COUNTY
Snohomish County Councilmember Stephanie Wright recognized the City for the waterfront
redevelopment project, commenting it was wonderful to partner with Edmonds and its vision for the
waterfront; one of the County's park priorities is access to saltwater. Snohomish County has worked with
the City on many other projects such as Civic Field, the spray park and she enjoyed the collaboration. She
presented the City a large display check for $125,000.
Parks & Recreation Director Hite commented Councilmember Wright led this effort, approaching the
City to offer Snohomish County's support for project. Staff will come back to Council on March 28
seeking approval of the Interlocal Agreement with Snohomish County for the funds.
2. EDMONDS PUBLIC FACILITIES DISTRICT ANNUAL REPORT
Patrick Mulva, EPFD Board Member, commented it has been an honor and a pleasure to be a member
of the EPFD Board for the past three-quarters of a year. The last year was challenging for the ECA, but
the report will illustrate that ECA staff responded well to mitigate some of the difficulties that arose. The
report will address a tactical plan to address some of the issues the ECA faced in the past year, and put the
ECA in good standing for the first year of the second decade of ECA. In addition to a strong tactical plan,
there will be a strong strategic plan to place the ECA on a path forward to be a great success in its second
decade as well as address concerns regarding the organization's future financial stability and
sustainability. This is the first step in the first year of the second decade for the ECA to move forward and
be a stellar performer and an important part of the Edmonds community.
Joe McIalwain, Executive Director, Edmonds Public Facilities District/Edmonds Center for the
Arts, thanked the members of EPFD and ECA Boards for their incredible support and Council President
Mesaros who serves as the liaison to the EPFD Board for his involvement and helpful insights. The ECA
celebrated its 10th anniversary season during the past year and continues to develop new programs and
services, expanding its reach and increasing its cultural and economic impact on the City and throughout
the region. He thanked the Council for their support over the past ten years. He reviewed:
• Vision and Mission
o Vision: A vibrant community in which the performing arts are woven into our daily lives
and vnlned for their nnwer to entertain educate and incnire
o Mission: To celebrate the performing arts, strengthen and inspire our community, and
steward the development and creative use of the ECA campus
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Core Values:
o Creativity: Reflect the inspired creativity of our arts programs in every aspect of our
organization.
o Quality: Commit to quality in all of our programs and throughout the organization.
o Partnership: Seek opportunities for greater impact by leveraging mutually -beneficial
relationships with diverse partners.
o Service: Strengthen our relationships by providing superior service to our artists, patrons,
clients, partners, staff, board and volunteers.
o Diversity: Mirror the diversity of our regional community in our programs and services, and
throughout our organization.
o Stewardship: Foster the growth and success of our artists, client, partners, staff, board and
volunteers.
o Transparency: Articulate and frequently communicate goals, strategies, successes and
challenges to our stakeholders.
o Accountability: Operate in a fiscally sound and responsible manner, and hold ourselves
accountable for living our core values and for achieving our mission and vision.
History and Structure
o Snohomish County Public Facilities District: Established in 2001 to create/operate public
facilities to generate tourism
■ 4 Projects: Xfinity Arena, Lynnwood Convention Center, Future of Flight Aviation
Center, Edmonds Center for the Arts
o Edmonds Public Facilities District: independent public agency, owner/operator of Edmonds
Center for the Arts
o Edmonds PFD is affiliated with the City of Edmonds through a 4 -Party Inter -Local
Agreement
City Council created and approves changes to the PFD Charter
■ City Council appoints PFD Board Members
• The City of Edmonds guarantees bonds issued in 2002 (re -funded in 2012) and in 2008
for the renovation and operation of ECA
o Edmonds Public Facilities District
• Independent public agency established under RCW 35.57
• Audited by the State Auditor's Office
• Owns the land and all facilities on the campus
• Statutory authority over the operation and programs of the Center
o Edmonds Center for the Arts — Not -for -Profit
• A separate, 5010 Corporation
• 18 member Board of Directors at present (up to 24 positions)
• Works in partnership to support Edmonds Public Facilities District in its operation of the
Center
10`h Anniversary Season
o ECA's Big Birthday Bash — July 30, 2016
0 10th Anniversary of the First Performance at ECA — Cascade Symphony Orchestra — October
23, 2016
0 10th Anniversary of ECA's Grand Opening Gala — January 6, 2017
• Marked by our "Founders' Reception" held January 19, 2017
■ ECA History Wall
ECA Presents
o 2016-2017 Season
• Mainstage Presentations — 26 Events
• Saturday Matinees — 5 Events
• Cabaret Film Series — 6 Events
Edmonds City Council Approved Minutes
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■ Theatre Rental Events — 130+
• Consistent Lobby, Classroom and Gymnasium Events
• Serving 70,000 People Each Year!
ECA's Presented Artists...
Aaron Neville Ed Asner
Al Jarreau
Angelique Kidjo
Arlo Guthrie
Arturo Sandoval
Big Bad Voodoo Daddy
Blind Boys of Alabama
Bruce Hornsby
Buddy Guy
Chris Thile
Christopher Cross
Clint Black
Colin Hay
Cowboy Junkies
Dianne Reeves
Don McLean
Dr. John
• ECA Serves
Gaelic Storm
Great Big Sea
Indigo Girls
Jeff Bridges & The Abiders
Jesse Cook
Joan Armatrading
Joan Osborne
Johnny Clegg
Keb' Mo'
Ladysmith Black Mambazo
Lily Tomlin
Los Lobos
Lyle Lovett & John Hiatt
Manhattan Transfer
Marc Cohn
Martin Sexton
o Education & Outreach
• "Arts for Everyone"
• KIDSTOCK!
• Student Matinee Performances
• Artists in Schools
■ Teacher Workshops
• Dementia -Inclusive Programs
• Film Presentations
■ Improvisational Theatre
• Sing -A -Long Outreach
• Summer Camps
• Teen Tix Program
• Financial Performance
2013 2014
Actual Actual
o Revenue Growth: 2011 - 2016
2016
Draft
Ticket Sales & Fees:
50%
Rental Events:
52%
Concessions:
81%
Contributions:
70%
Total Operating Revenue: 63%
379,222 481,097
• Operating Income/Expense
503,294
Mary Chapin Carpenter
Mavericks
Nitty Gritty Dirt Band
Patti LuPone
Paula Cole
Pilobolus
Pink Martini
Poncho Sanchez
Randy Newman
Richard Thompson
Ricky Skaggs
Roger McGuinn
Rufus Wainwright
Shawn Colvin
Taj Mahal
The Tenors
Travis Tritt
Revenue
2013 2014
Actual Actual
2015
Actual
2016
Draft
Contributions -Operating
$820,630 $747,155
$896,337
$971,278
Ticket Sales & Fees
550,167 655,936
643,627
733,393
Rental Revenue
379,222 481,097
451,131
503,294
Concessions
91,304 95,550
109,689
114,924
Total
$1,841,323 $1,97,738
$2,100,784
$2,322,889
Expense
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Presentin Marketing
$568,590
$684,708
$723,675
$799,158
Facilities/Operations
326,468
371,986
407,321
430,654
Labor Costs
715,970
838,667
870,496
1,091,298
Other Expenses
110,893
85,439
69,858
85,784
Total
$1,721,921
$1,980,800
$2,071,077
$2,406,894
Net Revenue
$119,402
($1,062)
$29,707
$84,005
$450,000
Net revenue from operations
since 2011:
$77,230
$682,588
With regard to the operating loss in 2016, Mr. McIalwain explained in late 2015, the ECA experienced a
complete server crash, a devastating experience that required rebuilding the financials, investing in new
systems and labor to enter data, an estimated $30,000 unanticipated cost. He continued his presentation:
• Non -Operating Income/Expense
Revenue
2014
Actual
2015
Actual
2016
Actual
Direct Sales Tax Rebate
$233,261
$248,590
$266,748
County PFD Investment 1)
248,796
260,458
$272,656
County PFD Investment (2)
10,488
52,588
66,149
Total
$492,545
$561,636
$605,553
Expense
Debt Service Interest
$245,138
$232,588
$218,963
Debt Service Principal
$415,000
$450,000
$495,000
Total
$660,138
$682,588
$713,963
Net Revenue (Shortfall)
$167,593)
$120,952)
$108,410)
Mr. McIalwain acknowledged and expressed appreciation to the City for honoring the contingent loan
agreement and providing resources to meet debt service obligations. He acknowledged there is still work
to do. He continued his presentation:
• Economic Impact
o Estimated Annual Economic Impact of ECA: $3,848,200
• Arts & Economic Prosperity
- National economic impact study conducted by Americans for the Arts, the leading
national service organization for non-profit arts
- Estimates the economic impact of non-profit arts organizations
- Based on research findings from 156 communities and regions across America
• Arts = Economic Impact
- ECA creates jobs, generates tax revenues in Edmonds and Snohomish County
- Arts tourism contributes to tax revenues on a local, state, and national level
o Edmonds Center for the Arts generates:
• Jobs: 10 Full -Time, 15 Part -Time
■ Local Government Tax Revenue: $155,525
■ State Tax Revenue: $172,300
• Tourism (Just 38% of ECA attendees reside in Edmonds
• Room Nights: 500+
Cultural Impacts
o Quality performing arts events and concerts close to home for South Snohomish and North
King County residents
o Attractive venue for arts organizations from around the region to use for events and
performances
o Active year-round with theatre events, classes, meetings, etc.
o A critical resource for local teachers and students
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o A cultural asset for Edmonds: an important piece of Edmonds' history
Short Term Initiatives
o New Staff Position: Director of Operations
• Private donor provided $125,000 for next three years to offset the cost of the position
• Seeking additional funding for the position
o I.D.E.A. Committee: Inclusion, Diversity, Equity, Access
o Historic Facility Preservation Fee: $2 per ticket
• Restricted to facility maintenance and capital replacement
• Estimated $60,000 annually, beginning in 2018
o Facilities Projects:
• Women's restroom renovation - Complete
• Facility Condition Assessment — April/May, 2017
■ Roof Replacement / Repair — Summer, 2017
Long -Term Initiatives
o Strategic Business Plan:
• Current 5 -Year plan sunsets in 2017
■ Request For Proposals published
o Economic Impact Study — Measuring the Impact of Arts, Culture and Creative Industry in
Edmonds
■ PFD/ECA will coordinate with our Strategic Business Plan Process
• PFD/ECA team will provide leadership and support
Thank you
o Mayor Dave Earling
o Edmonds City Council
o Citizens of Edmonds
o Boards of Directors of Edmonds Public Facilities District & Edmonds Center for the Arts
o Our Staff Members
o Our 150 Volunteers!
o Our Partners and Rental Clients
o Our Sponsors and Donors
o Our Subscribers and Ticket Buyers
Mr. McIalwain commented it has been an honor and pleasure to serve City and the community for the last
11 years. It has challenged, educated, inspired and helped him to grow. He expressed his appreciation to
the ECA staff, assuring they are one of the best teams in the business. He was fortunate to report to two
boards filled with volunteers who are generous, passionate, smart and supportive, who care about the arts
and put the stewardship of the organization and the community first in all their decisions and actions. He
hoped the Council was proud of the ECA and what it does for the City and thanked them for their
continued leadership and support of ECA.
Councilmember Fraley-Monillas asked if the 500+ room nights were at the Best Western. Mr. McIalwain
answered yes; on rare occasions, some artists go to B&Bs and other facilities and when there are big
events like Rick Steves, some patrons may go to Lynnwood.
Councilmember Fraley-Monillas inquired about the EPFD's debt to the City. Mr. McIalwain explained
the EPFD is currently in debt to the City, as a result of loans over the last 5-6 years, for $1.162 million
which includes a loan of $125,000 in 2016. As the Tier 2 allocation from Snohomish County will increase
from $66,000 in 2016 to $97,000 in 2017, he estimated the 2017 shortfall will be $65,000 - $70,000.
Councilmember Fralev-Monillas expressed concern that if the EPFD's debt to the City continues to
increase and if there was no plan to repay the loan, the loan amount will eventually surpass the value of
the ECA. Board Member Mulva commented the EPFD Board is very aware of the loan with the City and
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spends a great deal of time trying to put plans and activities in place to address it. The addition of a COO
is a key step in freeing up Mr. McIalwain to work on performances and donations/contributions from the
community. From a contribution standpoint, the Economic Impact Study will demonstrate the ECA's
impact on the community.
Councilmember Fraley-Monillas expressed the hope that in the long term the debt to the City would
decrease. Board Member Mulva reiterated the Board understands the issue and wants to take definitive
steps. He was hopeful next year's report would indicate some of the steps that have been taken have had a
positive impact.
Councilmember Nelson thanked the EPFD/ECA for forming the Inclusion, Diversity, Equity, Access
Committee and looked forward to hearing what else that committee has done. He referred to the
Economic Impact Report, pointing out the ECA also has a cultural impact on the City that is difficult to
measure. The ECA provides a richness in community and the City should provide the support necessary
to ensure the ECA's success.
Councilmember Buckshnis referred to a white paper that former Finance Director Neumeier developed
regarding the cultural aspect. She has submitted several questions to Mr. McIalwain and suggested he
email responses and copy Councilmembers. She commented many of her friends love KIDSTOCK!. Mr.
McIalwain said he periodically reviews Mr. Neumeier's white paper.
Council President Mesaros commented it was his pleasure to be the Council liaison to the EPFD. He
recognized the Strategic Plan would provide some of the answers to questions posed tonight. He asked
about the EPFD's outstanding bond debt. Mr. McIalwain answered the total outstanding bond debt is
approximately $7.9 million which will be retired in 2026.
Council President Mesaros commented if the EPFD continues to borrow from the City between now and
2026, that debt may exceed $2 million. The EPFD is paying down the bond debt by approximately
$500,000/year. Mr. McIalwain explained the sales tax revenue ends in 2026, efforts are underway to
extend the legislation 15 years, which would provide an interesting opportunity for debt restructuring. His
worst-case scenario projections for the debt to the City is $1.5 million. One of the bonds is paid off in
2025 and revenues continue into 2026, providing funds that could be used to pay down the debt to City.
The 2008 bonds are callable in 2018 which may provide an opportunity to restructure that debt. The bill
to extend the PFD legislation has passed out of the House and is in the Senate for consideration.
Council President Mesaros recommended a joint meeting with the EPFD Board later this spring. Board
Member Mulva relayed the Board looked forward to that opportunity after the Strategic Plan is
completed.
6. AUDIENCE COMMENTS
Dick Van Hollebeke, Edmonds, announced the Creative Age Festival of Edmonds at the Senior Center
on Saturday, April 29 will include 25 sessions, keynote speaker Dr. Gloria Burgess and an evening event.
The inaugural year in April 2016 was an outstanding success with approximately 300 people attending.
Of the respondents to their survey, 97% said it was either good or great. Further information is available
at CreativeAgeFestival.org. With regard to Civic Park, he commended Carrie Hite and Chris Jones and
their staffs for the wonderful job they have done and for the public and Council participation that
culminated in a gorgeous park. He requested the City Council encourage the team developing the final
design to include the Petanque Club and the skate park users as advisers on the configuration. In addition
to providing an opportunity to play p6tanque, the P6tanque Club is very involved in the community,
giving over $24,500 to the Edmonds Food bank from five tournaments and bringing visitors to the City
for room nights and to visit restaurants and shops. That cannot continue without the ability to hold
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tournaments which requires the flexibility to configure the space to string line additional courts. He
looked forward to the day the park was dedicated.
Margie Fields, Edmonds, said she wants the Edmonds Marsh protected so it will exist for her
grandchildren and their children; the marsh is too precious to be lost or diminished by the desires of
developers or big money. She was hopeful the Council would consider Option D and include it for the
public hearing on the SMP. She agreed Options A, B and C had flaws and would be detrimental to the
Edmonds Marsh and its wildlife. Options A, B, and C restrict the scope of the site specific study toward
the needs of development and not preservation of the marsh. There needs to be a landscape level study of
buffers necessary to perpetuate the ecological functions of the entire marsh, not just Harbor Square and
not just addressing development. The alternate buffer determination must ensure an ecologically, self-
sustaining marsh into the future. This requires a comprehensive, scientifically valid and unbiased site
specific study. The marsh provides essential habitat for wildlife and the needs of wildlife must be taken
into account in the site-specific study of buffers. Option D provides guidelines for an unbiased and
comprehensive scientific site-specific study and puts the final decision on the City Council where it
belongs. The public does not want a developer or contractors making these decisions or to have the
determination of an alternative buffer made based on a limited or biased study.
Richard Senderoff, Edmonds, referred to option D for the SMP regarding a science based, site specific
study to be performed when a plan for development adjacent to the Edmonds Marsh wildlife sanctuary is
submitted. Specificity consistent with Option D and Appendix C provides clarity of the legislative intent
to potential developers regarding study requirements and expectations and the completeness of the study
results to be considered when determining appropriate buffer. The Request for Proposals that will be
required prior to accepting the study bid will practically write itself with the information provided in
Appendix C. This enhanced clarity is especially important because current Councilmembers may/may not
be on the Council when a development plan is submitted so legislative intent of this Council is critical.
Option D was primarily drafted by a fisheries biologist, NOAA scientist and a biology professor who
were willing to volunteer their time to assist the Council and the community; no Councilmember or staff
member has the expertise regarding environmental study design. AS a result of the letters sent to Ecology
by the Mayor and several Councilmembers intended to discredit the collective Council decision regarding
the SMP buffer requirements and influence Ecology's assessment, much of the community is skeptical of
the Administration and some Councilmembers' motives when determining potential shoreline
development requirement adjacent to the Edmonds Marsh wildlife sanctuary. Changing perception takes
actions not words; incorporating the concepts of Option D as well as including Appendix C into the SMP
will go a long way toward changing those perceptions due to the clarity it provides. Posing arguments
against Option D reinforces skepticism.
Alisa Bronstein, Shoreline, displayed a picture of their dog Livi, explaining they were referred by trusted
professionals in the grooming/dog industry to Kristina Robinson doing business as Precious Paws in
Firdale Village. Her business includes a doggy daycare and storefront and is licensed and permitted for
overnight boarding. In September they left their two dogs, Livi and Bang, in the care of Precious Paws.
Although they believed they would not missed by their dogs due to the fun they would have, that was
unfortunately not the case. In the dog sitting world, a book cannot be judged by its cover and owners must
do proper research to ensure their pet is left in responsible hands. They are actively developing a protocol
to help dog owners ask the hard questions designed to protect their animals. She requested the City
Council research this horrifying case; Kristina Robinson has had a licensed and permitted business in
Firdale Village, but for the last 3 years has used the Edmonds storefront to shuffle dogs to a nonpermitted,
illegal kennel at her home in Mountlake Terrace. She concluded the death of their dog wrecked their
family and it is their duty to see that Ms. Robinson no longer does business and hurts other families in a
similar manner.
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March 7, 2017
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Christopher King, Shoreline, said Precious Paws and Kristina Robinson illegally uses her Edmonds
business permit to bring customers to an illegal kennel in Mountlake Terrace where their dog was mauled
and killed on September 29, 2016. Ms. Robinson left their dog alone with her family pack of Pit Bulls,
German Shepherd, Bulldog and a cat and three other client dogs familiar with that pack at her home for
45 minutes whereupon their dog was killed by one of her Pit Bulls. This is inexcusable conduct and her
license should be revoked on that alone. The license can be revoked due to misuse under City Code
Section 4.72.050 and 060. Although Ms. Robinson has a constitutional right to operate a business, she
does not have the constitutional or statutory right to commit gross recklessness and allow a dog to be
killed and use the City's permit to bring pets into the facility in Mountlake Terrace without telling them it
was illegal. What she is doing is constitutes a nonconforming use; using valid zoning and permitting in
Edmonds to conduct an illegal operation. He referred to comments by an City of Edmonds employee to
other animal control officers that Ms. Robinson was a liar, not to be trusted, and that she and her husband
were not very nice people. He submitted written materials.
Councilmember Fraley-Monillas suggested the last two speakers speak with the Police Department and
animal control. Mayor Earling said have already done so.
7. ACTION ITEMS
1. CIVIC CENTER MASTER PLAN APPROVAL
Parks & Recreation Director Carrie Hite provided background on the Civic Center Master Planning
process:
• City acquired Civic Field from Edmonds School District in February 2016
• Acquisition and master planning the property was a key priority in the Parks, Recreation and
Open Space Plan and Comprehensive Plan and has been in the Capital Improvement Plan for the
past few years
• Robust public process to reach this point
o Kick off meeting held with City Council in May 2016
o Three open houses, three virtual open houses, many stakeholder interviews
o Several meetings with Planning Board and City Council
o Public hearing at Planning Board November 9, 2016
o Public hearing at City Council January 17, 2017
o Very engaged Project Advisory Committee
Committee members include Val Stewart, Dick Van Hollebeke and Alex Witenberg who
are present tonight as well as Councilmembers Teitzel and Johnson.
Chris Jones, Principal, Walker Macy, commented this was the culmination of an 8 -month personally
and professionally rewarding master planning process during which he got to know Ms. Hite, the
Petanque Club members, skate boarders in the community and the City Council. This has been a very
iterative process, challenging to balance all the needs of the community. The City was fortunate to have 8
acres for its downtown park, many communities only have 1 acre.
Mr. Jones displayed the hybrid plan as shown at Open House #3 in October 2016, the culmination of
three open houses and online open houses. The first open house established a program for the park, two
alternatives were unveiled at the second open house, one active and one passive and the community
expressed interest in a mix which resulted in the hybrid plan. At the January 17, 2017 presentation to
Council, slight revisions to the hybrid plan were proposed:
• Due to concerns with neighbors, the skate park was moved from the northeastern corner to
slightly northeast of its current location
• Two p6tanque courts were added
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Mr. Jones recalled comments at the January 17, 2017 meeting included concern with the shift of the
tennis courts to the east and with the fence along the property line. He reviewed the preferred Master
Plan:
• Relocate the skate park close to its current location, centralized to mitigate noise
o A skate park designer will be engaged to design skate park
• Removed the second tennis court in the northwest corner
• Reduce width of sidewalk on west side of the tennis court
• Playground on the east side of the park
• View terraces in the southeast corner
• Maintain as much passive and active open spaces as possible with multiuse lawn
• Six petanque courts in southwest corner,
o Will continue to engage Petanque Club in refining the design
• Pavilion and water feature on west side in original location
• Boys & Girls Club remains
o Dashed outline identifies potential expansion
• Worked with Boys & Girls Club to understand their space needs and accommodated
space for development to the north side
o If development of Boys & Girls Club occurs, consider establishing multiuse/tennis court in
northwest corner due to displacing the existing multiuse court
• One-third mile, 2 -lane track around the park with 2 4 -foot wide lanes
• Many other loops around the park accommodate walking
• Northern side passive, quieter uses adjacent to residences
• Relocated picnic area to previous location of skate park
• Significant buffer on south side
Mr. Jones displayed a diagram of potential phasing
Phase A: Western portion
Phase B: Eastern portion
Phase C: Market promenade
He provided potential phasing costs:
• One Phase Construction (Phase A+B)
o Construction Cost Estimate: $10.1M*
• Two Phase Construction
o Phase A: $5.4M*
o Phase B: $5.3M*
o Total Cost of Two Phase Construction = $10.7M
o Delta: $600k*
• Phase C (Market Street Promenade):
o Construction Cost Estimate: $4.2M*
*Estimates exclude Soft Costs @ 20%+ -
Ms. Hite reviewed next steps:
• Request for approval of the Master Plan tonight or forward to Consent Agenda for approval
• Return to Council for final adoption as part of 2017 Comprehensive Plan amendments
• Awaiting SEPA determination
• 2017 C,1_P hudget includes funds for removing the stadium (funded in part with remaining State
grant funds)
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March 7, 2017
Page 10
Working with Walker Macy to scope preliminary geotechnical and survey work in preparation for
design
Mayor Earling asked if the Council would have another considerable touch on the Master Plan toward the
end of the year. Ms. Hite recommended any questions/issues be raised now. The intent is to complete the
Master Plan, similar to the process for the Marina Beach Master Plan, to avoid any design issues arising
during the Comprehensive Plan amendment process. This is approval of the Civic Center Master Plan
with final adoption as a housekeeping item with adoption of the 2017 Comprehensive Plan amendments.
Councilmember Buckshnis relayed citizens have raised issues about parking and suggested parking be
provided in the alley. She recalled parking was never on the table during the master planning process. Mr.
Jones agreed, recalling a majority of the community did not want to use the downtown park for parking.
There were no plans for parking in the alley; parking would be along the streets on the west and east sides
of the park.
Councilmember Buckshnis asked about the cost to retrofit the grandstand. Ms. Hite said the appendix
includes a complete report from LMA Engineering. A seismic retrofit was estimated at $500,000 but that
does not bring the grandstands up to code or include any ADA improvements or resizing of the stairs
which would increase the cost to approximately $1 million. LMA Engineering provided an option for
fixing the grandstand for the next 2-3 years, estimated to cost $120,000 as well as an option to demolish
and construct a new grandstand, estimated to cost $1.7 million plus $100,000 for demolition.
Councilmember Buckshnis asked about funding sources. Ms. Hite answered she and Mayor Earling have
had several conversations regarding funding; the goal this year was to do preliminary work prior to design
and to budget CIP funds for design in 2018 with Walker Macy so the project is grant ready. State grants
open in 2018. If funds from grants, private foundations, REET and parks capital can reach $5 million,
consideration could be given to bonding $5 million. Staff will return to Council with funding options for
consideration. The goal is to identify grant funding, resource development and design in 2018, and
construction in 2019. Mayor Earling commented staff has been in contact with private parties who may
consider sizeable donations.
Councilmember Johnson acknowledged parking was beyond the scope of the study but she recommended
conducting a parking study for the park before building Phase A or B.
COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS,
TO CONDUCT A PARKING STUDY FOR THE PARK BEFORE BUILDING PHASE A OR B.
Councilmember Johnson commented if it is to be a more active park, parking needed to be considered; it
was not good enough to say there would i!ust be on -street parking. She questioned whether on -street
parking could include angle parking on 7` , although she recalled that was not considered good park
planning because it obscured the view of the park. Parking in the alley and making the alley one-way
could also be considered. She acknowledged the community was opposed to parking but felt it required
further evaluation. Ms. Hite said in 90% of the public input into the process, the community's sentiment
was not to carve out any of the park for parking. If a parking study is done and it determines parking is
needed, she questioned whether the Council was willing change the Master Plan to include parking, a
significant change of direction. Civic Field currently does not provide parking and it accommodates large
festivals/events and tournaments.
Councilmember Johnson clarified her intent was not to use any of the park for parking. Mr. Jones
reiterated he did not support angle parking due to the safety issue as well as it destroys some of the energy
of park into the streetscape. The intent of the promenade was to blur the edge between the park and the
streetscape/right-of-way, activate the street and make it safer. The density of cars and the way cars park in
Edmonds City Council Approved Minutes
March 7, 2017
Page 11
angle parking is not a preferred way to activate the park edge. Councilmember Johnson clarified site was
interested in considering angle parking on 7'h Avenue. She pointed out any other development application
would be required to provide parking.
Councilmember Fraley-Monillas had mixed feelings about parking. Thousands of people attend activities
at Civic Filed and they seem to be able to find parking. She did not envision this park would be crowded
on a daily basis and walking a few blocks was not an issue for most people. However, she was interested
in providing good disabled parking on the edges of park so that people with disabilities could also enjoy
the park.
Councilmember Teitzel agreed parking was an issue throughout the downtown core but he was unsure it
should be a planning issue for Civic Field. He suggested parking considered as a separate issue as he not
want approval of the Master Plan to be delayed to study parking.
Councilmember Fraley-Monillas asked about the cost of a parking study. She also did not want to hold up
the process, but if a parking study cost $5,000, it may not be bad idea. Mr. Jones said a parking study to
understand the capacity requirements could be included in the schematic design.
If a parking study could be tied into design, Councilmember Johnson suggested the parking impact study
be included in the design phase. Ms. Hite suggested as staff works on design services with Walker Macy
in 2018, the parking study be included in the scope of work and fee and the Council could make an
informed decision at that time whether to do the study.
UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS JOHNSON, BUCKSHNIS,
AND COUNCILMEMBER TEITZEL VOTING YES; AND COUNCIL PRESIDENT MESAROS
AND COUNCILMEMBERS NELSON, FRALEY-MONILLAS AND TIBBOTT VOTING NO.
Councilmember Fraley-Monillas said she voted no because staff indicated it would be included in Walker
Macy's scope of work. Ms. Hite said the vote indicated the Council did not want to a parking study done
for the park immediately; it can be included in the scope of work for Council consideration in 2018.
Councilmember Johnson recalled during discussions about the stadium bleachers, many people felt it was
an eyesore, the residents on the north and south support demolition and staff has set aside funds for
demolition. As a long-time Edmonds resident who spent her junior high years in the stadium, they
represent something to her. She was not aware of any claims related to injuries on the bleachers. She
preferred to retain the bleachers until Phase B was funded. She preferred to retain the bleachers for the
Taste of Edmonds, 4th of July, etc. until they need to be demolished which would also give the community
an opportunity to weigh in. Ms. Hite explained the reason demolition is planned in fall 2017 is the funds
leftover funds from the State grant to purchase the property will be lost if they are not spent. The State has
approved use of the funds for demolition of the stadium. During the public process, most people felt the
grandstands were an eyesore and favored demolition.
Ms. Hite recognized the sentimental feelings for the stadium, recalling there have been discussions about
what could be done to commemorate the stadium; Mr. Jones and his team are scoping those ideas such as
reclaiming some of the wood and using it in the construction of the shelter or restroom and a historical
panel that describes the use of the wood from the stadium and pictures of the stadium. She has also
discussed with Arts & Culture Program Manger Chapin having artists reclaim some of the wood to create
artwork that could be displayed in the park. She summarized the intent was to capture the historical
sentiment on site but not in the form of a stadium.
Councilmember Johnson asked how much was set aside from the State funds for demolition. Ms. Hite
answered $35,000 — 40,000 of the approximately $100,000 cost of demolition. Councilmember Johnson
Edmonds City Council Approved Minutes
March 7, 2017
Page 12
asked if those funds could be used in any other way. Ms. Hite said approval from the State would be
required and it would need to be spent this year. The funds cannot be used for design fees and she was
unsure of other way the funds could be used; she doubted the State would approve their use for a parking
study. She recommended utilizing the grant funds and demolishing the stadium but it was up to the
Council whether to leave the grandstands in place until the park is developed.
COUNCILMEMBER JOHNSON MOVED TO GIVE A 90 -DAY NOTICE PRIOR TO
DEMOLITION TO ALLOW THE GRANDSTANDS TO BE DEMOLISHED THIS YEAR AND TO
HEAR MORE FROM THE PUBLIC. MOTION DIED FOR LACK OF A SECOND.
Mr. Jones respected Councilmember Johnson's sentiment about the grandstand. They walked the
grandstands a week ago to explore the quality of lumber. They have done a number of projects where
wood has been salvaged to tell the story and bring a certain patina to a new park. The opportunity to reuse
the grandstand materials is as part of Phase The wood could be reused in the structures or interpretive
elements in Phase A; that opportunity would be lost if the grandstands remain during construction of
Phase A. Councilmember Johnson commented it is unknown when Phase A will occur. The patina of the
wood and incorporating it would be a wonderful contribution to the park.
Councilmember Fraley-Monillas inquired about the water feature. Mr. Jones advised it is still in the plan
but the cost was reduced. Ms. Hite said the original cost of the water feature north of the petanque courts
estimate was $500,000, after spending $750,000 for the 5,000 square foot spray park at City Park, she
recommended reducing it to an aesthetic pleasing, splashable fountain. The estimated cost in the plan is
now $350,000. Councilmember Fraley-Monillas commented the Boys & Girls Club would make good use
of it during the summer.
Councilmember Fraley-Monillas appreciated Councilmember Johnson's sentiment about the grandstands.
However, they are not ADA accessible and people without disabilities find them difficult to climb.
During events/festivals, she has seen people in their wheelchairs alone at the bottom while their families
sits in the grandstands. It was time to demolish the grandstand and do something to memorialize them.
Councilmember Nelson supported seeking feedback from the petanque court and skate park users during
the design phase.
COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
APPROVE THE CIVIC CENTER MASTER PLAN. MOTION CARRIED (6-0-1),
COUNCILMEMBER TEITZEL ABSTAINING.
8. STUDY ITEMS
1. REPORT ON BIDS OPENED MARCH 2, 2017.FOR TILE 76TH AVE & 212TH ST.
INTERSECTION IMPROVEMENTS PROJECT
City Engineer Rob English provided history of the project:
• Began in 2012 with preliminary design and environmental permitting
• Right-of-way acquisition process began in 2014
• WSDOT certified the right-of-way in April 2016
• Project out for bids June 2016
o Received two bids, low bid $5.1 million
o Engineers estimate $3.84 million
o Council rejected bids
• Staff sought grant funds to make up the shortfall
o City secured $2 million TIB award in fall 2016
Edmonds City Council Approved Minutes
March 7, 2017
Page 13
o Incorporated Verdant bike lane project for economy of scale
• Project out to bid February 2017
o Opened bids March 2
o Received 5 bids, ranging from $4.43 million to $6.5 million
o Engineer's estimate was $6.15 million (scope of work increased to include Verdant bike lane
project)
o Low bidder: Marshbank Construction who did Five Corners roundabout project
o By comparison if the bike lane portion was removed from project, Marshbank's bid was
$3.89 million, the same as the original engineer's estimate (without the bike lane project), a
difference of $1.2 million from the June 2016 low bid
■ Staff reviewed bid documents and submitted to the State.
o Expecting State concurrence by end of week.
• Intent to bring the project back to Council next week with a recommendation to award the bid
• Total project cost with bike lanes, soft costs and construction management and 10% management
reserve approximately $6 million
• Available funding $7.8 million
• Staff will evaluate how the grants fit the work and provide that information to Council next week
• Staff recommends bringing the project back to Council for further discuss and recommendation to
award at next week's meeting
Public Works Director Phil Williams explained the new/replaced impervious surfaces built as part of the
project requires compliance with stormwater regulations, requiring a sizable contribution from the
Stormwater Fund for this project. With the additional grant resources, it may be possible to reduce the
contribution from the Stormwater Fund. He commented this project provided an interesting lesson on the
timing of going out to bid; bidding this project earlier in the year worked out well. He recognized
Transportation Engineer Bertrand Hauss for obtaining the $2 million grants.
It was the consensus of the Council to schedule this item on next week's agenda.
Mayor Earling declared a brief recess.
2. SHORELINE MASTER PROGRAM
3. COUNCIL PROPOSED OPTION D TO THE SHORELINE MASTER PROGRAM
Mayor Earling advised this item would be limited to 30 minutes. David Pater, Department of Ecology,
was present to answer questions.
Senior Planner Kernen Lien explained this is continued discussion on the Shoreline Master Program
(SMP). Department of Ecology provided two options for Council consideration, A) based on interrupted
buffer, and B) allowing a reduced buffer with a site-specific study. Staff developed Option C, a hybrid of
Options A and B and an Option D has been proposed that will be presented by Councilmember
Buckshnis. A public hearing is scheduled on March 21; tonight's discussion is intended to frame what
will be considered at the public hearing.
Councilmember Buckshnis introduced Joe Scordino, retired fisheries biologist, formerly with NOAA,
who assisted her with developing Option D.
Councilmember Teitzel raised a point of order. He said his comments were not meant to be pejorative to
any party. He had significant concerns about the process by which Option D has been developed and
brought forward. He had great respect for Mr. Scordino and appreciated what he has done and continues
to do in support of the local environment. However, Mr. Scordino does not represent the City of Edmonds
Edmonds City Council Approved Minutes
March 7, 2017
Page 14
or Edmonds City Council; he represents a special interest group, Save Our Marsh, and in that capacity,
has worked directly with Ecology to Option D. Mr. Scordino's February 24, 2017 email to Ecology
includes his complete draft Option D, nearly identical to Option D outlined in the Agenda Memo for Item
8.3. Since Option D was developed and negotiated with Ecology by a special interest group authorized to
represent neither the City nor the City Council, he said Option D was out of order. Following a ruling on
the point of order, he was prepared to make a motion.
Mayor Earling asked City Attorney Jeff Taraday for advice on ruling on the point of order. Mr. Taraday
said there is no requirement that proposed legislation come from any particular source. Individual
Councilmembers can draft it on their own, they can draft it with constituents or work with City staff. He
recommended the point of order be overruled by the Chair.
Mayor Earling overruled the point of order in accordance with Mr. Taraday's advice.
Councilmember Buckshnis said regardless of the fact that Mr. Scordino wrote to Mr. Pater and Mr. Lien
as one of her constituents and her scientific expert, she was always in the loop and offered opinions with
regard to how Option D was framed. She presented the Option to the SMP:
• At 2/21/17 meeting, Council Members Johnson and Buckshnis publicly stated that an additional
option might be warranted.
• Mr. Scordino, (a retired fisheries biologist) stated during public comment that an Option D was
needed to address all the public concerns.
• Many citizens commented about need for specificity in the site-specific study to provide unbiased
information for future Councils and developers in the Urban Mixed Use IV area (UMU IV).
• Council Member (CM) Buckshnis decided to work with Mr. Scordino on a DRAFT Option D.
• Elaborate and detailed process using scientists to scientists for an option D ensues. (Thank -you
DOE and Mr. Lien for working with us. Emails are attached.)
• Simple Reason — why muddy the water when non-scientists start adding comments.
• CM Buckshnis and Mr. Scordino discuss and finalize Option D based on email comments.
• This option has a fixed 110 -foot buffer for the UMU IV area at the Edmonds Marsh unless
amended by the Council.
• To ensure an unbiased and comprehensive study, the details for the conduct of the scientific site-
specific study are specified in an Appendix C to the SMP.
• The option clarifies the 110 -foot buffer or alternate buffer (if approved by Council) start at
wetland edge and the buffers would not be reduced or exempted by any SMP or CAO provisions
(e.g., Appendix B or 24.40.020).
• This option clarifies that the "buffer" is separate from the "setback" for structures, and that the
15 -foot setback starts at the outer edge of the buffer.
• This option has fixed 110 -foot buffer for the UMU IV area at the Edmonds Marsh unless
amended by the Council
• To ensure an unbiased and comprehensive study, the details of the conduct of the scientific site
specific study are specified in an Appendix C to the SMP
1. Modify the 24.40.090 Shoreline Bulk and Dimensional Standards table and the footnote 18
which will follow I notice `buffer' line added 1:
Shoreline Development
IShoreline Area Designation
Urban Mixed Use IV
All Other Commercial and
Light Industrial Development
Shore Setback
15
Buffer
1101$
Recreation
Edmonds City Council Approved Minutes
March 7, 2017
Page 15
Shore Setback
15
Buffer
11018
Residential Development
Shore Setback
INA
Buffer
INA
Transportation and Parkin
Shore Setback
15
Buffer
11018
All Other Development
Shore Setback
15
Buffer
11018
• Footnote 18:
o The UMU IV environment has a 110 -foot buffer that starts at the outer edge of the Edmonds
Marsh where the presence and action of waters are common and usual or at the
wetland/upland edge.
o A 110 -foot vegetated buffer is required to be established when an approved master planned
development is implemented on the north or south side of the Edmonds Marsh.
o On the west side of the Marsh, a vegetated buffer will be required between the railway right-
of-way and the west edge of the Marsh if railroad tracks are added or modified in the railway
area.
o The Council may establish an alternate buffer width at the time of an approved master plan
for development if the alternate buffer width is derived from a rigorous site-specific scientific
study (specified in Appendix C) to determine the buffer necessary to protect properly
functioning wetland/tideland habitat and its associated ecological functions.
o When determining an alternate buffer derived from the site-specific study, the Council will
adhere to the legal standards of the Shoreline Management Act and State guidelines.
o The conduct of the scientific site-specific study will be in conformance with Appendix C to
the SMP.
o No buffer reductions or exemptions will apply to the 110 -foot buffer or alternate buffer for
this UMU IV area
2. Modify the definition of setback in 24.90.050 (A) to be: 24.90.050 A. "Shore setback" or
"setback" means the minimum distance between a structure or use from the outer edge of a buffer, or
from the edge of the shoreline if no buffer is required.
3. Delete all CAO provisions that may reduce or exempt the SMP buffer for the Edmonds Marsh
in Appendix B and/or in Section 24.40.020 of the SMP. This would include deleting in Appendix
B sections 23.50.040 (G)(1) to (4) [Wetland Buffer Modifications], 23.50.040 (I) [Additions to
structures], and 23.40.220 (C)(4) [Interrupted wetland buffer]; and 24.40.020 (F)(2)(e) [Additions to
structures] .
4. Add the following Appendix C to the SMP:
Appendix C. Scope of Work for Site -Specific Scientific Study at the Edmonds Marsh [key points
shown below]
• The site-specific study, by professionals with field experience in wetland and wildlife science, is
to provide comprehensive, site-specific scientific information that the Council will need to
consider in approving an alternate buffer width for the Edmonds Marsh.
• A report on the study results will be peer reviewed by at least three independent scientists having
wetland/wildlife expertise before the report is presented to the Council and the public.
• Wetlnnrjc and marclhPc nrnvirdP thrPP hrnad ecological filnctions that will each need to be
evaluated by the site-specific study: 1) Biogeochemical functions; 2) Hydrologic functions and 3)
Food web and habitat functions (more specifics provided in text).
Edmonds City Council Approved Minutes
March 7, 2017
Page 16
• Buffers provide for the protection and maintenance of wetland functions; thus the site-specific
study will need to evaluate buffer widths adjacent to the Edmonds Marsh that will ensure
effective buffer functions (and a long list is included)
• Each of these buffer functions should be evaluated against past, present and projected future
ecological functions of the Marsh as affected by proximity of development and/or other human
activities, as well as future restoration efforts (e.g. Willow Creek Daylighting).
• Because of the uniqueness of the Edmonds Marsh and the diversity of wildlife species that it
supports, the site-specific study should include special focus on the life needs of the wildlife that
use the Edmonds Marsh.
• Because species' needs vary, the evaluation of wildlife needs for buffer zones should include: 1)
Refuge/shelter; 2) Food; 3) Breeding habitat; 4) Nesting materials; and 5) Screening/distancing
wildlife from human activities.
• Assessing the Marsh's ecological function to provide habitat and food web for wildlife is the
most critical component of this study for evaluating site-specific buffer widths that will
preserve/protect ecological functions.
Councilmember Buckshnis recommended adding Option D to the current work regarding the SMP for
proper vetting and deliberation.
Council President Mesaros referred to the addition to Appendix C, "Each of these buffer functions should
be evaluated against past, present and projected future ecological functions of the Marsh as affected by
proximity of development and/or other human activities, as well as future restoration efforts (e.g. Willow
Creek Daylighting)" and asked if that meant if the scientific study said daylighting Willow Creek should
not be done, then it would not be daylighted. Councilmember Buckshnis said the Willow Creek
Daylighting project is at 60% design. Mr. Scordino explained this statement means if anticipated changes
are occurring in the marsh such as the Willow Creek daylighting, the study must take into account how
that will affect ecological functions in the marsh as well as any other activities that may occur such as
development.
Using Willow Creek daylighting as an example, Council President Mesaros asked who decides if the
daylighting go forward. Councilmember Buckshnis said the Council decides. Council President Mesaros
said in reading this statement, a future restoration project may end up harming the balance within the
marsh. Mr. Scordino clarified this statement is about evaluating functions against past, present and
projected future functions, not that an activity can/cannot occur. If the saltwater was negatively affecting
the ecological functions of the marsh, that would be noted in report. The report is a comprehensive review
and evaluation of the ecological functions of marsh; the Council will use the report to make its decision.
The report will not identify the buffer width; it will identify aspects that science revealed in the study that
need to be considered in determining the final alternate buffer width.
Councilmember Tibbott said Option D represents a vision for what the marsh could become and was a
curious amalgamation of information. It represents a vison for the marsh but other parts of the community
have not been involved in the vision statement. He felt Option D put the cart before the horse, particularly
Appendix C. He asked for clarification that the 110 -foot buffer was established on best available science
(BAS). Mr. Lien answered the 110 -foot buffer is from Ecology's 2016 Guidance on Critical Areas.
In response to Councilmember Tibbott's reference to putting the cart before the horse, Councilmember
Buckshnis said she has thousands of emails and public comments on this topic. Option D is an attempt to
provide exactly what a future Council will need to make a decision. She referred to the amount of time
she, the Council, Mr. Pater and Mr. Lien have spent on the SMP.
Edmonds City Council Approved Minutes
March 7, 2017
Page 17
Councilmember Tibbott said there the studies in Appendix C put forth a vision for more wildlife and
more habitat than may/may not currently exist. Councilmember Buckshnis said it does exist.
Councilmember Tibbott asked if it was already known that certain wildlife exists and that they need
expanded habitat. Councilmember Buckshnis said per Dr. Alan Mearns, there are 191 species of birds.
Councilmember Tibbott asked if those birds need more habitat than currently exists and whether
additional habitat would increase the number of species. While he appreciated the habitat studies in
Appendix C, he did not think it was appropriate to specify habitat studies in the document because other
habitat studies may need to be conducted or it may be appropriate have architectural design studies. He
summarized Appendix C goes too far and puts the cart before the horse.
Mr. Scordino explained the purpose of the site-specific study is to provide scientific information to the
City Council regarding the appropriate buffer width for the Edmonds Marsh. Councilmember Tibbott said
if the 110 -foot buffer was BAS, why was a site-specific study needed. Councilmember Buckshnis said
Ecology provided two options which opened the door for this option. The City provided Option C, she
was providing Option D.
Councilmember Teitzel said everyone agrees a site-specific study should be unbiased. However he was
concerned that Option D Appendix C specifies the site specific study will need to reference and utilize the
seven studies in the methodology analysis for evaluating buffer widths on each edge of the Edmonds
Marsh. The unbiased vendor selected for the site specific study may/may not want to reference those
studies. He was concerned the seven specific studies may steer the results of the study in a certain
direction and may not be truly impartial. Councilmember Buckshnis said the language could be revised to
state "but not limited to." Her intent tonight was to determine whether the Council wanted to add Option
D to the public hearing and deliberations. Councilmember Teitzel emphasized whatever happened, the
overarching goal should be an unbiased study.
Councilmember Fraley-Monillas commented the specifics would be discussed at a later date. She assured
Councilmember Tibbott, Council President Mesaros and Councilmember Teitzel could not be convinced
to embrace Option D.
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
JOHNSON, TO INCLUDE OPTION D FOR THE PUBLIC HEARING.
Councilmember Nelson commented all the options have a default buffer of approximately 110 feet; where
the options deviate is the requirements to reduce the buffer. To the earlier comment about the Willow
Creek Daylighting, he pointed out the definition of restoration is to enhance the ecological function. He
expressed support for the motion.
Council President Mesaros expressed surprise that Councilmember Fraley-Monillas knew how he would
vote. He supported including Option D for consideration. He agreed with Councilmember Nelson that this
discussion was not what the buffer should be, there was a universal sense that 110 feet and 15 -foot
setback was appropriate, the issue was the portion of the marsh that borders Harbor Square. It has always
been his contention that a 25 -foot buffer is almost guaranteed due to the placement of the buildings and he
found it difficult to vote for something that guaranteed a 25 foot buffer. He was eager to consider the four
options and was keeping an open mind regarding which option would best serve the City. Councilmember
Fraley-Monillas apologized for making an assumption based on the letter sent to Ecology. She was
pleased that Council President Mesaros was interested in considering Option D.
Councilmember Teitzel offered an amendment to Footnote 18 related to Option C that addresses many of
the issues and concerns that the Friends of the Marsh have expressed, clearly del -Ines where the buffer
starts and ends, requires Council preapproval of the vendor to complete the site-specific study, discusses
how the study would be part of the CUP process, outlines factors to be add addressed in the study without
Edmonds City Council Approved Minutes
March 7, 2017
Page 18
interjecting bias. Councilmember Fraley-Monillas raised a point of order, pointing out the motion was in
regard to including Option D in the public hearing. Councilmember Teitzel agreed to hold his comment.
MOTION CARRIED (6-1), COUNCILMEMBER TEITZEL VOTING NO.
Councilmember Buckshnis invited amendments to Option D, noting Mr. Pater and Mr. Lien have raised
some issues that will be addressed. She clarified Mr. Scordino was representing himself, not Save Our
March.
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS,
TO ADD AN AMENDED FOOTNOTE 18 RELATED TO OPTION C TO THE SHORELINE
MASTER PLAN. SMP.
Copies of the amended Footnote 18 were distributed to Council and Councilmember Teitzel read the
amended Footnote 18:
Within the Urban Mixed Use IV environment, a default 110 foot vegetative buffer is required to be
established when an approved master planned development is implemented on the north or south side of
the marsh in addition to a 15 -foot setback from the landward edge of the vegetative buffer for a total
default margin (buffer and setback combined) of 125 feet. The vegetative buffer shall begin at the edge of
the wetland boundary of the Edmonds Marsh (e.g., the waterward edge of the existing earthen berm at the
margins of the Marsh) and/or the Willow Creek outlet of the marsh. An alternative buffer width may be
established after an impartial and comprehensive site-specific environmental study of Marsh ecological
and wildlife habitat functions is completed to assess the effects of a redevelopment proposal (note:
Edmonds City Council shall preapprove the vendor selected by the developer to perform the study) . The
study results must be approved as a component of the shoreline conditional use permit review when the
redevelopment proposal is considered. The alternative buffer must result in no net loss of shoreline
ecological functions and values. Existing conditions shall be used as the baseline for assessing no net loss
and the site-specific environmental study shall address hydrologic factors, geologic factors, and the
existing and potential wildlife habitat of pre and post development conditions. The alternative buffer shall
be no less than 50 feet, and the 15 -foot setback will be incremental to the buffer. Pursuant to WAC 173-
26-201(2)(e), the default buffer may be increased if the analysis of environmental impacts indicates that
an increase is necessary to assure no net loss of shoreline ecological functions. The buffer established
pursuant to the site-specific scientific study outlined above may not be reduced unless fully supported by
an updated site-specific scientific study. The default 110 foot buffer may be established in the absence of
a master planned redevelopment through a standalone restoration project.
Councilmember Buckshnis asked if the amendment separated the buffer from the setback.
Councilmember Teitzel answered yes. Councilmember Buckshnis said that would require additional
language. Councilmember Teitzel clarified the setback would be incremental to the buffer.
Councilmember Buckshnis observed the buffer would be 110 feet and the setback would be 15 feet.
Councilmember Fraley-Monillas asked what the statement, the alternative buffers shall be no less than 50
feet and the 15 -foot setback will be incremental to the buffer, meant. Councilmember Teitzel answered
that meant the buffer starts at the waterward side of the earthen berm on the north side and 15 feet was
landward of the 50 feet for a total of 65 feet.
Councilmember Johnson asked if the amendment was only for the purpose of the public hearing.
Councilmember Teitzel said this would amend the footnote in Option C and if adopted, would obviate the
need for Option D. Councilmember Buckshnis disagreed, pointing out the definition of setback and buffer
would need to be modified which was not included in amendment. If that was not done, she would not
support the amendment. Councilmember Buckshnis clarified Option D includes modifying the definition
of setback consistent with Ecology.
Edmonds City Council Approved Minutes
March 7, 2017
Page 19
Councilmember Teitzel suggested the Council adopt the amendment and it could be further amended after
the public hearing.
UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS NELSON AND TEITZEL
AND COUNCIL PRESIDENT MESAROS VOTING YES; AND COUNCILMEMBERS JOHNSON,
FRALEY-MONILLAS, BUCKSHNIS AND TIBBOTT VOTING NO.
4. INITIATION OF REZONE FOR PROPERTY UNDER CONTRACT REZONE R-97-28
(CONTRACT RS -8 TO RS -12)
Senior Planner Kernen Lien displayed a map of area, identifying the site in Perrinville across from the
Post Office and a City owned parcel. He described:
* Site history:
0 1996: Street Map Amendment and Street Vacation (ST -96-77 and ST -96-78)
0 1997: Contract Rezone (R-97-28) RS -12 to RS -8
0 2001: City Initiates Rezone from RS -8 back to RS -12 (R-01-168)
■ Settlement Agreement for PRD Submittal
0 2004: Site designated Single Family - Resource
0 2005: Angler's Crossing Plat/PRD (P-05-136 and PRD -05-137)
0 2017: Subdivision expired January 2017Changes since 1997
Changes since 1997
o Planned Residential Develop Code Changes
■ Requires 10% Usable Open space
• Cannot count critical areas for usable open space requirement
o Comprehensive Plan
■ Single Family — Resource
• Compatible Zones — RSW-12, RS -12 and RS -20
■ Current RS -8 zoning inconsistent with Comprehensive Plan
Mr. Lien displayed a Comprehensive Plan map identifying the Single -Family - Resource, Single Family -
Urban 3 (RS -10) and Single Family — Urban 1 (RS -8) designations. He reviewed:
• Procedural history was for a specific development that has expired
• Changes to the development code
• Changes to Comprehensive Plan make RS -8 not consistent
• Recommend initiating rezone from contract RS -8 back to RS -12
• Current property owner amenable to a rezone
Development Services Director Shane Hope clarified the Council was not deciding tonight whether to
approve the rezone, only whether to start the process. The process includes review and public hearing by
the Planning Board and a recommendation to the City Council who makes final decision.
Councilmember Fraley-Monillas asked the difference RS -8 and RS -12. Mr. Lien explained RS is single
family residential, RS -8 is a 8,000 square foot minimum lot size and RS -12 is a 12,000 square foot
minimum lot size.
Councilmember Buckshnis asked if the CAO required 30% native vegetation in RS -12. Mr. Lien
answered that was a requirement in RS -12 and RS -20 but not in RS -8.
Councilmember Tibbott asked why RS -20 was not considered for that area due to the topography. Mr.
Lien displayed a map illustrating the zoning for the surrounding areas; RS -8, RS -10 and RS -12. A rezone
Edmonds City Council Approved Minutes
March 7, 2017
Page 20
to RS -20 in that area would result in a small area of RS -20; RS -12 returns it to the previous zoning and is
consistent with the area. Councilmember Tibbott asked if it was developable as RS -12 with the
topography and requirement for 30% native vegetation. Mr. Lien said it would need to go through the
process.
Mr. Lien said a resolution will be scheduled on next week's Consent Agenda.
COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO EXTEND THE MEETING UNTIL 10:10. MOTION CARRIED
UNANIMOUSLY.
5. AMENDMENT TO THE SALARY COMMISSION ORDINANCE
HR Director Mary Ann Hardie relayed the proposed amendment to the recently adopted ordinance to
change the requirement for the Salary Commission to meet annually to meeting each odd -numbered year.
It was the consensus of the Council to schedule this item on the Consent Agenda.
9. MAYOR'S COMMENTS
Mayor Earling advised he will be out of town next week.
10. COUNCIL COMMENTS
Councilmember Teitzel announced Councilmembers Fraley-Monillas, Tibbott and he are hosting a Town
Hall at the Swedish Edmonds Hospital on the 4t" Floor in Auditorium B from 6:30 to 8:00 p.m.
11. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION
PER RCW 42.30.110(l)(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 10:04 p.m.
r
10 _P
DAV1D O. EA A LING, Mbd R SCOTT PASS EY, CITY CL
Edmonds City Council Approved Minutes
March 7, 2017
Page 21