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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 Edmonds City Council Approved Minutes March 7, 2017 Page 2 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 March 7, 2017 Page 3 ■ 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 Edmonds City Council Approved Minutes March 7, 2017 Page 4 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 Edmonds City Council Approved Minutes March 7, 2017 Page 5 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 Edmonds City Council Approved Minutes March 7, 2017 Page 6 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 Edmonds City Council Approved Minutes March 7, 2017 Page 7 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. Edmonds City Council Approved Minutes March 7, 2017 Page 8 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 Edmonds City Council Approved Minutes March 7, 2017 Page 9 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) Edmonds City Council Approved Minutes 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