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20170314 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES March 14, 2017 ELECTED OFFICIALS PRESENT Thomas Mesaros, Mayor Pro Tem Michael Nelson, Councilmember Kristiana Johnson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember ELECTED OFFICIALS ABSENT Dave Earling, Mayor 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT J. Hwang, Police Officer Phil Williams, Public Works Director Shane Hope, Development Services Director Scott James, Finance Director Rob Chave, Planning Manager Rob English, City Engineer Renee McRae, Deputy Parks & Recreation Dir. Kemen Lien, Senior Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Pro Tem Mesaros in the Council Chambers, 250 5th 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 with the exception of Mayor Earling. Mayor Pro Tem Mesaros advised that Mayor Earling was in Washington D.C. 3. APPROVAL OF AGENDA Mayor Pro Tem Mesaros advised Item 8.7, Initiation of Rezone for Property under Contract Rezone R- 97-28 (Contract RS -8 to RS -12), was moved to the Consent Agenda per Council direction at last week's meeting. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER TIBBOTT, MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF MARCH 7, 2017 2. APPROVAL OF COUNCIL MEETING MINUTES OF MARCH 7, 2017 Edmonds City Council Approved Minutes March 14, 2017 Page 1 3. APPROVAL OF CLAIM AND PAYROLL CHECKS 4. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM STEVEN C. GRAY (AMOUNT UNDETERMINED), FROM IAN B. PERRY (AMOUNT UNDETERMINED), AND FROM SUSAN TEKLAY (AMOUNT UNDETERMINED) 5. AMENDMENT TO THE SALARY COMMISSION ORDINANCE 6. INITIATION OF REZONE FOR PROPERTY UNDER CONTRACT REZONE R-97-28 (CONTRACT RS -8 TO RS -12) 5. PRESENTATION 1. TREE BOARD 2016 ANNUAL REPORT & PRESENTATION OF TCUSA AWARD Tree Board Co -Chair Steve Hatzenbeler introduced Co -Chair Doug Petersen and Tree Board Members Frank Caruso, Barbara Chase, Jed Marshall, Vivian Olson, (Vice Chair) and Gail Lovell (alternate) in the audience. (Board Member Bill Phipps was not present.) Co -Chair Hatzenbeler displayed photographs of trees around Edmonds and provided the new 2016 Tree Board description (Ordinance 4034): The City of Edmonds Tree Board actively encourages the planting, protecting, and maintaining trees for long-term community benefit. Peter Durbin, Washington Community Forestry Council, presented a plaque recognizing Edmonds as a Tree City USA for the sixth year and its first ever Growth Award. The awards are based on several items including a column that Tree Board Member Barbara Chase began in My Edmonds News, Good Trees for Urban Gardens, intended to teach citizens about appropriate trees to plan in the urban landscape. The column regularly gets over 1000 views per article. In addition, each Tree Board member completed the Tree Board University, an on-line course that teaches volunteers how to be effective Tree Board members. On May 5, 2016, the Tree Board hosted a lecture by Cass Turnbull, founder of Plant Amnesty, Master Gardener and arborist, that attracted over 40 Edmonds citizens. The Tree Board plans to make community tree lectures an annual event. Mayor Pro Tem Mesaros thanked the Tree Board for their leadership and guidance. Councilmember Buckshnis, Council liaison to the Tree Board, said it was a pleasure to work with Tree Board. Each board member has a role, they work well together and have a lot of fun. Co -Chair Hatzenbeler continued his presentation: • 2016 in review: o Tree City USA — 6th year renewal, plus a Growth Award o Cass Turnbull presentation o Tree and Shrub Planting event for Arbor Day o MEN articles on urban tree selection o Edmonds Summer Market informational table Discussion: o Thank you to the City Council and Mayor for this year's Tree Board budget o Staff/contractor support: prefer to have an internal staff person, not a contractor, because of the improved efficiency (e.g., no travel time; better access "inside") o City Arborist would be great to add with the roll-out of the UFMP in 2018 Urban Forest Management Plan Edmonds City Council Approved Minutes March 14, 2017 Page 2 o The Tree Board would like to help! Please let us know how we can get involved. Plenty of lessons learned from 2015 o Strongly believe UFMP needs to include policies regarding trees on private property, e.g., districting to establish different goals and standards for different areas in the city. Private properties are where most tree removal is taking place in the city (not public right of way or parks) Co -Chair Doug Petersen described: Tree Board Activities: o Educational outreach is our top priority; improving the Edmonds community's understanding of the habitat and environmental value of trees 0 2017 Work Plan/Events: ■ Earth Day ivy clearing event April 22, 2017 ■ Assisting Students Saving Salmon with planting 400 native plants along Shell Creek, spring 2017 ■ Tree ID Tags May 2017 • Edmonds in Bloom collaboration to celebrate significant trees in EIB gardens July 16, 2017 ■ Edmonds Summer Market table summer August/September 2017 ■ Arbor Day Planting event October 2017 ■ Assist Parks Department with replacement of street trees on 5th Ave in front of City Hall Councilmember Teitzel recalled the City had a part-time or contract City Arborist. Co -Chair Hatzenbeler answered Debra Hill, a Parks Department employee, is an arborist but she does not have the title or role of City Arborist. She is often called on to assist with tree -related issues; the City Arborist position is a bigger role that Ms. Hill does not have time for. Councilmember Tibbott agreed the Tree Board's plans for 2017 were ambitious and he was happy to see the Tree Board's energy. He referred to the replacement of street trees in front of City Hall and elsewhere and inquired about the criteria for replacement trees. Co -Chair Peterson said the Parks Department determines the tree species and the Tree Beard assists with planting. Co -Chair Hatzenbeler explained the Street Tree Plan, adopted with the Comprehensive Plan, identifies the street trees for 5th Avenue and those trees planted in that location. He and Parks Maintenance Supervisor Rich Lindsay discussed the replanting last year but it was delayed until this year. The existing unhealthy trees in front of City Hall will be replaced with trees that look better and will remain healthy. Councilmember Nelson asked about the benefits a City Arborist provides and what is being done now without a City Arborist. Co -Chair Hatzenbeler anticipated with the development of the UFMP, more circumstances will arise where input from a City Arborist will be necessary. In his experience as a Civil Engineer, occasionally working on projects in Edmonds, questions arise about protecting/saving a tree or replacing a tree with an appropriate species, etc., questions that a City Arborist could help with. Councilmember Nelson asked what role will be appropriate for the Tree Board in the UFMP. Co -Chair Hatzenbeler highlighted the lessons learned, noting some members have been on the Tree Board since 2015 Members and could provide input regarding districting, etc. Without knowing what the UFMP will look like, he said it was difficult to know what the Tree Board's role will be. He would like the Tree Board to have an opportunity to weigh in on the evolution of the UFMP over the next 6-8 months. Councilmember Buckshnis recalled she suggested funding a City Arborist in the 2017 budget; after conferring with Development Services Director Shane Hope and Parks & Recreation Director Carrie Hite, both said it would be premature and should wait until the UFMP was adopted. Some cities have a Edmonds City Council Approved Minutes March 14, 2017 Page 3 dedicated full-time City Arborist who provide a variety of services, including ensuring the trees on a site are cut correctly. With regard to the role of the Tree Board in UFMP, she and Co -Chair Peterson participated in the interview process that selected Davies Corp; Keeley O'Connell will be a subcontractor and the Tree Board will assist with public outreach. 6. AUDIENCE COMMENTS Debbie Rosenfelt, Edmonds, one of the owners of Snap Fitness, spoke regarding A -board signs. She, Tracy Felix, Pam Stuller and other small business owners have been collaborating with Development Services Director Shane Hope and City Engineer Rob English on amendments to the sign code requirements for pedestrian signs and she thanked staff for the solutions -oriented approach. One specific solution offered was to have staff review signs using specific guidelines which would lower the cost compared to Architectural Design Board (ADB) review which costs $915. Small businesses create an economy and a community in Edmonds for residents and tourists. A -board signs create curiosity to attract people to businesses. Snap Fitness' sign speaks to what they offer such as various classes, world-class personal trainers and that they are a 24-hour fitness club. When asking prospective members that come into the gym how they learned about it, 95% say they saw the sign. The current sign code raises an issue for businesses located in recessed buildings or with recessed doors. For example, due to Snap Fitness' recessed doors, locating an A -board 10 feet from the entrance would place it on the sidewalk, blocking pedestrian traffic. They currently locate their sign in the corner triangle at 5th & Walnut which does not intrude onto the sidewalk. She summarized the bigger issue is small businesses in Edmonds need support and help from the City Council and the community and, for their businesses to prosper, they need signs to draw attention to their businesses. She referred to an article in the January 19, 2017 Edmonds Beacon about the IGA. 7. ACTION ITEMS 1. AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO MARSHBANK RI CONSTCTION, INC. FOR THE 76TH AVE & 212TH ST. INTERSECTION IMPROVEMENTS PROJECT City Engineer Rob English explained this was resented to Council last week and tonight's presentation includes the project budget. He reviewed the 76t Ave and 212th St Intersection Improvement project: • Traffic improvements o New traffic signal o New left turn lanes on 76th o Right turn lanes on all approaches o New sidewalk, curb and gutter o Bike lanes through the intersection o Conversion of overhead utilities to underground o New pavement, striping and signs • Utility Improvements 0 1500 feet of waterline replacement 0 900 feet sewerline replace 0 1000 feet of storm pipe replacement o New stormwater detention and water quality vault • Bike2Health Improvements (funded by Verdant grant) 0 92,000 feet of bike lanes on 76th Ave (includes sharrows in some areas) 0 4,000 feet of bike lanes on 212th Ave o Wayfinding signs o Upgrade three traffic signals on 76th Ave • Contractor Bid results Edmonds City Council Approved Minutes March 14, 2017 Page 4 Marshbank Construction $4,435,240 Johansen Excavating $5,144,698 Colacurcio Brothers $5,736,849 A-1 Landscaping $6,435,008 JR Hayes Corporation $6,504,655 • Construction Budget Item 76` Ave & 212` Bike2Health Construction Contract $3,897,274 $537,965 Construction M mt. 623,564 86,075 PUD Undergrounding 178,500 5,939 Frontier Undergrounding 136,148 10%M mt. Reserve 421,192 53,797 Total $5,256,678 $677,837 • Construction Funding Item 76h Ave & 212` Bike2Health Federal Grant $2,676,185 State TIB Grant 1_,363,626 $91,898 Street Fund 112 33,746 5,939 Water Fund 712,904 Stormwater Fund 0 Sewer Fund 345,002 Comcast & Wave $125,215 Verdant Grant 580,000 Total $5,256,678 $677,837 Mr. English explained as construction funding does not utilize the full amount of the federal grant; the City may need to return some of the funds when the project is completed. Some of the funds can be used for additional design costs to rebid the project and to include the Bike2Health components. He relayed staff s recommendation to award the contract to Marshbank Construction for $4,435,240 and authorize a 10% Management Reserve of $443,524. Councilmember Fraley-Monillas commented $2 million was a big difference between the low and high bids. She asked what staff attributed Marshbank's low bid to. Mr. English answered it is difficult to understand the differences; the federal grant includes a Disadvantaged Business Enterprise (DBE) goal of 19%, Marshbank is a DBE firm which gives them some advantage as they do not need to hire subcontractors that meet the DBE goal. Councilmember Fraley-Monillas remarked a 30% reduction is a lot. Public Works Director Phil Williams said Marshbank may not know the reason for the difference. The engineer's estimate for the intersection project in June 2016 was $3.8 million; the addition of the Verdant project increased the estimate to $4.4 million. After receiving several high bids last year, staff obtained a TIB grant and expanded the budget estimated based on the values in the first failed bid attempt. Marshbank questioned the engineer's estimate of $6.1 million, saying they could not get above $4.4 million and contacted the City to ask what they had left out. Marshbank double/triple checked their numbers and are confident their bid is sufficient to complete the work. The City had a great experience working with Marshbank on the roundabout and were happy with their bid for this project. Councilmember Fraley-Monillas said she hoped this project goes as well as the roundabout project. Edmonds City Council Approved Minutes March 14, 2017 Page 5 Councilmember Johnson observed the cable and PUD would be undergrounded and asked if the telephone lines would also be undergrounded. Mr. English answered all the overhead utilities in the intersection will be undergrounded and the poles eliminated. Councilmember Tibbott inquired about new sidewalks. Mr. English advised curb, gutter and sidewalk would be provided within the project limits, approximately 200 feet from the intersection in all directions. Councilmember Tibbott commented although it was great to have new bike lanes, they end at the high school. He inquired about bike connectivity such as to the Interurban Trail. Mr. English answered on 212th, there is no room to continue the bike lanes across Highway 99. He agreed traveling east -west was a challenge. The 22811' project included bike lanes and although there is not a connection to 76th, a cyclist could ride down 84h to 2281h. Councilmember Tibbott suggested if there were federal funds left over, to find a way to connect 220`' & 76th to 84th or south to Highway 99 and to the Interurban Trail to create connectivity for bicycles. Councilmember Buckshnis referred to the schedule of work and bid summary, noting Marshbank was significantly under the other bidders for Schedules A, B and C. She asked if all the bidders had the same parameters. Mr. English said they did, pointing out the more telling number when evaluating bids is the second low bid; Johansen Excavating's bid was $5,144,698, still considerably higher but closer to Marshbank's bid. Councilmember Teitzel pointed out in the bid summary, specifically for storm and sanitary sewer, Marshbank's bid was approximately 50% of the engineer's estimate. He did not recall such a large variance between the estimate and the bid in the past and asked if staff was surprised by that. Mr. English responded the bid Marshbank provided compares very closely with the engineer's June 2016 estimate. He did not see a red flag, explaining the designer adjusted his engineer's estimate based on the June 2016 bids. Councilmember Nelson said he was excited to have a total of approximately 3 miles of bike lanes. He asked if some of the bike lanes were sharrows. Mr. English said in some locations, the geometry of the roadway, specifically the north end of 76th near 196" and north of 196th, required sharrows. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO AWARD THE CONTRACT TO MARSHBANK CONSTRUCTION, INC. IN THE AMOUNT OF $4,435,239.62 AND AUTHORIZE A $443,524 MANAGEMENT RESERVE FOR CHANGES AND UNFORESEEN CONDITIONS DURING CONSTRUCTION. MOTION CARRIED UNANIMOUSLY. 8. STUDY ITEMS PRESENTATION OF A LOCAL AGENCY AGREEMENT FOR CONSTRUCTION MANAGEMENT SUPPORT SERVICES FOR THE 76TH AVE AND 212TH ST INTERSECTION IMPROVEMENT/BIKE2HEALTH PROJECT City Engineer Rob English explained the City issued a Request for Qualifications in March, 2016; 3 firms responded. KBA was selected based on their qualifications and experience to provide services during construction. The full scope of services includes inspection and contract administration which are more burdensome due to the federal grant, field inspection, review and approval of submittals, contractor requests for information, material submittals, certified payrolls, DBE requirements, schedule reviews, change order assistance, public outreach, material testing, and project close out. The total fee for the contract is $389,580 paid by the construction funding identified in the previous agenda item. Staff recommends forwarding this item to next week's Consent Agenda for approval. Edmonds City Council Approved Minutes March 14, 2017 Page 6 It was the consensus of Council to forward this item to next week's Consent Agenda. 2. 2017 SPECIAL EVENT CONTRACTS Deputy Parks & Recreation Director Renee McRae explained there are five special events contracts for the Market, Edmonds Arts Festival, July 4th, Taste of Edmonds and the Classic Car Show. The language in the Class Car Show contract has no major changes; the other contracts were amended to add language pursuant to the passage of Resolution 1357 in April 2016 encouraging food vendors to provide compostable and recyclable food service wares. Councilmember Buckshnis relayed unacceptable items include shiny coated plates, Styrofoam plates and cups, plastic portion cups and lids, plastic wrap and bags, foil wrap, and candy wrappers. Ms. McRae said she and Recycling Coordinator Steve Fisher worked on this at the request of Councilmember Johnson. Councilmember Nelson thanked Councilmember Johnson for creating this list of compostable and unacceptable items. He asked about the requirement for 10 yards of sand for pyrotechnics in the July 4`h contract. Chamber of Commerce Executive Director Greg Urban explained the sand is packed around the pyrotechnic mortars to prevent them from falling over. Councilmember Johnson thanked Ms. McRae and Mr. Fisher for moving forward on the zero waste policy. She noted the use of compostable wares is voluntary but organizations will work closely with the vendors. Waste Warriors have been present at the Taste and the Edmonds Waterfront Festival for the past several years. This is an opportunity to educate the public on proper recycling as well as to educate vendors, many who are familiar with the requirements in other venues. Mayor Pro Tem Mesaros remarked Councilmember Johnson has been a Waste Warrior volunteer at those events in the past. Councilmember Fraley-Monillas asked how vendors are encouraged to compost and recycle. Ms. McRae said the sponsoring organizations will reach out to the food vendors; whether any discount on vendor fees is provided is up to the organization. The City will provide signage and Mr. Fisher will have volunteers at disposal cans to guide people to the correct container. Councilmember Fraley-Monillas recalled the Council passed an ordinance approximately five years ago, stating businesses using City property are not allowed to use Styrofoam and non -recyclable materials. She suggested City Clerk Scott Passey research that. Ms. McRae relayed staff s recommendation for Council to forward the 2017 Special Events Contracts to next week's Consent Agenda for approval. It was the consensus of Council to forward this item to next week's Consent Agenda. 3. PRESENTATION OF A PROFESSIONAL SERVICES AGREEMENT WITH MURRAY SMITH AND ASSOCIATES FOR DESIGN SERVICES FOR THE 2018 SEWER REPLACEMENT PROJECT City Engineer Rob English explained this is a proposed professional services agreement with Murray Smith and Associates to design the 2018 and 2019 sewer replacement program. The program for both years will total 6,000 lineal feet of sewerline replacement. The City issued a Request for Qualifications for this project; 9 firms responded. Murray Smith and Associates was selected based on their qualifications and experience. The scope of the agreement identifies 2,500 of the 4,000 linear feet for full design and construction in 2018 plus preliminary design for the remaining 1,500 feet. The contract amount totals $274,00 with a management reserve of $20,000. Staff will return to Council next year with a supplement to design the remaining 1,500 feet for construction in 2019. He relayed staffs recommendation to place this on the Consent Agenda for approval. Edmonds City Council Approved Minutes March 14, 2017 Page 7 It was the consensus of Council to forward this item to next week's Consent Agenda. 4. PRESENTATION OF THE FIRST QUARTER 2017 AND 2016 CARRY FORWA111) BUDGET AMENDMENT Finance Director Scott James present the First Quarter 2017 and 2016 Carry Forward Budget Amendment • 62 Decision Packages Total $4,671,071 • $4,157,295 are Carryforward expenditures • $513,776 are New Items for Council to Consider expenditures • $3,208,551 of Unused 2016 Funds to help pay for Carry Forwards • $998,744 in new revenues Mr. James highlighted new items: • Remove $31,021 from City Clerk budget due to a duplicate charge • Increase Finance Department budget by $20,000 to provide temporary help to cover medical leave for two Finance Department employees • City took ownership of donated '/4 acre property and was responsible for delinquent taxes of $4,380 • Program remaining funds allocated for Waterfront Access Study on next phase of Edmonds multimodal Grade Separation Project ($33,000) • Payment of Council approved settlement of $100,000 from the Risk Management Fund • Expenditure of $9,000 in lodging tax monies for development of new tourism website • Grant of $5,500 to assist with promoting Writers on the Sound • Carryforward of $144,000 in 2016 design utility funds to 2017 and the addition of $50,000 offset by a grant for the Dayton 3`d to 9th Utility Improvements • 2017 waterline overlays, $150,000 expenditure from Water Utility Fund • Carryforward of $11,000 in Utility Fund and additional $8,500 for Engineering Standards Detail Update • Carryforward of $35,914 and additional $16,486 to fund the Development Code Update related to Low Impact Development Code • Expenditure of $147,000 from Sewer Fund for flow study for Lift Station 41 • Budget misallocated payment of bonds, change allocation from the Utility Fund to the Bond Fund Mr. James highlight items that were not included in the PowerPoint but needed to be included in the budget amendment as they were time sensitive: ■ Membership in EnviroStars, a regional program to recognize businesses that go above and beyond for sustainability and emergency efficiency. Cost is $5,800/year. • Provide on-call professional services to support the Engineering Division while employee is on maternity leave, 60% paid by the Utility Fund and 40% by the General Fund Mr. James displayed Exhibit D (change in fund balance), advising it did not include the last two amendments. He summarized the 1" Quarter Budget Amendment: • Revenues are Increased by $998,744 • Expenditures are Increased by $4,671,071 • Change in Beginning Balance is Increased by $3,208,551 • Ending Fund Balance is Decreased by $463,776 Cnii;n-AmP.mhPr Fraley _Mnnillac rP.fP."P.d to the amendmP.nt rP.latP.r] to nn -fall nfescinnal services while pro an employee is on maternity leave, commenting the additional funds would not normally be required if an employee was on leave of absence as it would funded from their salary. Mr. James pointed out the salary Edmonds City Council Approved Minutes March 14, 2017 Page 8 savings of $10,200 that would be used to help pay for on-call professional services; additional funds were necessary to cover the cost. Councilmember Fraley-Monillas observed the amendment was a total of $97,500. Councilmember Fraley-Monillas asked if the employee would be on leave for a year, noting FMLA allowed 12 weeks. Public Works Director Phil Williams said the employee plans to be off for approximately 3'/z months and return to work 30 hours/week. The intent is to fill the gap in development review to avoid holding up development applications by hiring an engineering consultant which is a significant cost difference. Some of this work will be done by an engineering consultant and staff is exploring the possibly of hiring a temporary employee at a lower cost. He commented on the difficulty finding an engineering consultant with expertise in the City's code. Councilmember Fraley-Monillas observed the employee will work 75% and the 25% the employee is not compensated for will be used to help pay for this. Councilmember Buckshnis observed that was a lot of money but she was satisfied with the explanation if Councilmember Fraley-Monillas was satisfied. She inquired about $20,000 for March/April 2017 for temporary help to assist the Administrative Services Department to cover medical leave for two Finance Department employees, observing that was low. Mr. James explained the intent was to bring in a temporary person this month through the end of April to help with the CAFR. He worked with the person previously in Mukilteo in creating the CAFR. Councilmember Buckshnis asked if the $100,000 payment from the Risk Management Fund was for former Police Officer Sackville. Mr. James agreed it was. Councilmember Buckshnis asked the percentage that remained in the Risk Management Fund. Mr. James responded it was 2.1-2.2%. Councilmember Buckshnis asked how that will be replenished. Mr. James anticipated if the Council returned to Council committees, that and other policies would be reviewed by committees. Councilmember Buckshnis referred to the professional services agreement with Makers Architecture and Urban Design LLC to incorporate changes to the LID Code. Mr. English explained this was a supplement to the Makers contract where SBR was hired to evaluate the existing code and bring it up to the current requirements for LID integration. Two years ago Jerry Shuster set aside $50,000 for this effort; when the work was scoped, the cost was $66,000 which is the reason for the carryforward of $35,914 and additional stormwater utility funds of $16,486, the difference between $50,000 and $66,000. This work is different than what Herrera is doing; this is Makers reviewing and updating the existing code to include LID references that are missing from code. Councilmember Buckshnis commended the Finance Department for their work. Councilmember Teitzel echoed Councilmember Buckshnis' commendation of Finance. He referred to the carryforward budget amendment for the Economic Impacts of the Arts Study, recalling the presentation from the Edmonds Public Facilities District (EPFD) that included discussion regarding the City's loan to the EPFD and the unknown amount of economic lift to the community from the ECA. He asked if the sole focus of the Economic Impacts of the Arts Study was to quantify the economic lift of an ECA patron visiting Edmonds. Mr. James answered that was an initial driver but it was expanded to include the Arts Festival, Waterfront Festival, Taste, Cascade Symphony, other theaters and several other events that draw tourists to determine their impacts. It was the consensus of Council to forward this item to next week's Consent Agenda. 5. CRITICAL AREAS ORDINANCE REPORT Senior Planner Kernen Lien explained with the CAO update last year, a new section was added requiring biannual reports to the City Council. This is the first report in accordance with the section: Edmonds City Council Approved Minutes March 14, 2017 Page 9 ECDC 23.40.055: The director will provide a report to the city council during the first and third quarter each year, summarizing critical area decisions that have been made since the previous report. The report will include information such as the number and type of critical area decisions that have been made, including information on buffers and enhancements approved for each applicable decision, a description of each approved restoration project, and other information specifically requested by the council following the previous report. Mr. Lien described Critical Area Determinations and displayed a Critical Area Checklist: • Required prior to development if there has not been a critical area determination within the last five years • Staff does a desk review looking at GIS and does a site visit and makes a determination: o Waiver -No critical area on or adjacent to site o Study Required - Critical area present on or adjacent to site • Since CAO Update in May 2016: o 84 applications for critical area determinations ■ 41 Waivers ■ 36 Study Required ■ 7 pending determinations • Critical area Reviews o Projects on site with a "Study Required" determination requires review for consistency with critical area determination 0 40 building permits associated with a study required determination o Majority erosion and/or landslide hazard ■ If only erosion hazard is present, no report required, temporary erosion and sediment control BMPs must be in place during construction o Only two projects included streams or wetlands 1) Interrupted Buffer Determination - ECDC 23.40.220.C.4 ■ New single family residence: 759 Cedar Street - Site is separated from stream and wetland by a paved road - Site is down-slope from the steam and wetland - Determination made of interrupted buffer and did not require critical area review process 2) Wetland Buffer Width Averaging with Enhancement - ECDC 23.50.040.G.3 • Madrona School - 3 wetlands on the site, 1 near development site - Category 3 wetland with habitat score of 4, requiring 60 foot buffer - Portion of 60 -foot buffer and 15 -foot setback impacted school - School modified building slightly and proposed buffer averaging - Requires same total buffer area - Cannot reduce more than 25% of standard buffer width - Required enhancement included: ➢ Dense planting of native shrub and ferns for greater vegetation structure and wildlife habitat ➢ Placing of large woody debris to protect plantings, and provide insect, passerine bird and small mammal habitat • Critical Area Notice on Title - ECDC 23.10.270.13 o Required with "field -verified (report by qualified professional) presence of critical area and/or critical area buffers" • gnhcennent Critical Area Determinations o New critical area determination is required for properties whose previous critical area determination is more than five years old Edmonds City Council Approved Minutes March 14, 2017 Page 10 o Reduced application fee for subsequent critical area determination 0 23 Subsequent Critical Area Determinations ■ Three went from "Waiver" to "Study Required" o Pre -2005 CAO update determined erosion hazards differently than current CAO As this is the first CAO report, Mr. Lien invited Council input on the information provided and the format. Councilmember Tibbott said he was surprised by the number of determinations that were made. He appreciated City staff's involvement and providing guidance to homeowners. With regard to interrupted buffers, he asked how the direction of the water flow was determined to be away from the wetland. Mr. Lien referred to an aerial identifying the wetland and drainage, explaining the site is down-slope from the wetland and the property itself slopes. Mr. Tibbott asked whether the consultant simply looked at the site and wrote a letter. Mr. Lien pointed out the interrupted buffer, the paved road between the property, and it is obvious the property slopes away from the wetland and drainage. The geotech did not survey the contour lines but the City has contour lines indicating that. Councilmember Tibbott summarized the Geotech verified the site slopes away and wrote a letter and the City accepted their findings. Mr. Lien agreed. Councilmember Johnson recalled the Council requested an update regarding the impact of the SMP requirements on the CAO. Development Services Director Shane Hope said the intent was to complete the SMP first and then work on the update to the CAO. Councilmember Buckshnis thanked Mr. Lien for all the work he does and for the examples in the report. She did not find the report sufficient; she preferred a matrix with the projects, what happened, what led to the conclusion, reason for the waiver, etc. She wanted to understand the process for each application, not just 2-3 examples. Councilmember Nelson referred to buffer averaging, and asked who decides where the buffer enhancement is placed. Mr. Lien said the consultant proposed the location for the buffer enhancement. Councilmember Nelson said it appeared the buffer was reduced in the area where there was activity and the buffer enhanced in areas where there was little activity. Mr. Lien explained the reason that area was chosen for enhancement was because it seemed to be an area of the buffer that needed enhancement such as cedar trees with little undergrowth. Councilmember Nelson referred to the interrupted buffer example, commenting the letter from the ecologist could have been written by anyone and that was not the intent the Council was seeking. It may be apparent and obviously by looking at the site, but when the code asks for specifics, a paragraph stating the site does not meet those specifics was not enough and more information was needed regarding how those conclusions were reached. If the City's CAO is reopened to include the June 2016 Wetland Rating Guidance that was incorporated into the City's SMP, Councilmember Teitzel asked whether that would need to be done again if Ecology issued another update to their Wetland Rating Guidance. Ms. Hope answered the City was not required to update the CAO but could chose to. The City is only required to update the CAO every eight years; that schedule would be followed unless there was a special reason to update it more frequently. Councilmember Teitzel commented the CAO was completed last year; the City is not required to amend it to incorporate that guidance. Ms. Hope agreed it was not required. Edmonds City Council Approved Minutes March 14, 2017 Page 11 Councilmember Fraley-Monillas clarified the City could update CAO twice a year if desired. Ms. Hope answered yes, as long as the public process requirements, submittals, etc. are followed; it is a local decision. 6. POTENTIAL AMENDMENTS UPDATING PEDESTRIAN SIGN REQUIREMENTS IN CH. 20.60 ECDC Planning Manager Rob Chave reviewed: • Sign code update in 2016 o Most recent update in August 2016 o Update focused on pedestrian signs; featured: ■ Pedestrian signs as permanent signage • Only one per ground floor storefront ■ Only while the business is open • Located within 2' of building and within 10' of entry • Exceptions must be approved by ADB • Current update 0 2016 update resulted in some concerns from the business community o Concerns gained attention of Council and were brought forward to Planning Board o Board held work session and public hearing o Multiple options were considered (Exhibit 3) • Planning Board Recommendation o Permit fees should be minimized, with blade signs costing less than pedestrian signs (currently $75+$35 and $125 +35, respectively) o Pedestrian signs should count against sign area, except for those grandfathered in o Allow Development Services Director to approve alternate sign locations under specific conditions o Define "governmental signs" to allow creation of a directional signage program. o Grandfathered signs for area New: ECDC 20.60.025(A)(5) [packet page 513-514] a. Exception. A pedestrian sign does not count against the permanent sign area and the number of signs permitted if: i. A wall sign exists and was legally permitted prior to August 12, 2016; and ii. A pedestrian sign was in place during some or all of the period between June 12 and August 12, 2016; and iii. A pedestrian sign permit was received by the City by October 6, 2016 b. This exception is no longer valid if an application for a new wall sign is received by the City c. This exception does not apply to any other aspect of the sign code governing pedestrian signs, including the number, size and location of such signs o Alternate sign location ECDC 20.60.055 [packet page 516-517] 3. The sign shall be located within 10 feet of the building entry and must be placed within two feet of the building. The Development Services Director may approve an alternative location under the following circumstances: The sign .,hall be r..e ea within 10 fee ^r the building enti:y, unless it is plaeed in a leeatim that better pr-esw�ves publie pedes4fian ar-a r0F Feview and approval per ECDC 20.60.015(13)(1i a. An alternative location in front of the building or on the property occupied by the business is less intrusive to pedestrian movement or accessibility; or Edmonds City Council Approved Minutes March 14, 2017 Page 12 b. The building containing the building is set back from the property line and a location on the property can be provided such that the sign does not encroach onto a public sidewalk. Councilmember Fraley-Monillas asked the difference between pedestrian signs and A -frame signs. Mr. Chave answered pedestrian signs is class of signage that includes A -frame signs, pedestal or standup signs, easel, etc. Councilmember Fraley-Monillas asked how much it cost for staff to review a permit request. Mr. Chave answered fees are current set at cost recovery, approximately $100/hour. Blade signs take an average of an hour to review; the $75 cost is a slight discount. The $125 fee is pretty close to the amount of time it takes for review. The Planning Board supported a reduced fee for smaller, less expensive signs. Councilmember Fraley-Monillas expressed support for having no fee for blade signs to encourage them as they are the preferred signage type. Mr. Chave responded that was within the Council's discretion. Councilmember Fraley-Monillas suggested a business with a free blade sign would not be allowed to also have a pedestrian sign. With regard to Ms. Rosenfelt's concern with businesses with recessed entrances, Councilmember Fraley- Monillas recalled the recommendation was to allow the A -frame on the sidewalk closest to the wall. Mr. Chave the proposed code provides much more flexibility to consider other locations on the property, not necessarily right in front but in a location nearby. Councilmember Fraley-Monillas asked whether the Development Services Director would make that determination. Mr. Chave answered yes, likely staff would provide a recommendation to the director. Councilmember Nelson asked who prepared Exhibit 3, remarking it was a very helpful document. Mr. Chave said he did. Councilmember Nelson encouraged Councilmembers to review Exhibit 3 which identifies options under the criteria. The basis for his original amendment to reopen this issue input from businesses. He understood blade signs were encouraged but many businesses find the A -board signs valuable. He supported whatever could be done to reduce businesses' cost including reducing the cost of pedestrian signs by half and eliminate grandfathering. He also supported the Development Services Director making the determination versus the ADB. Councilmember Nelson asked who would pay for a signage program and what it would cost. Mr. Chave answered the proposed code authorizes a signage program. If the City were involved in any way, Council approval of a budget would be required. The code basically authorizes the Development Services Director to discuss a program with an entity like the BID who presumably would develop a funding method, design standards, locations, process, etc. Ms. Hope said there have been discussion with the BID regarding a signage program and what the BID would provide. The BID would need to work out a great deal of details such as how much individual businesses pay, etc. Councilmember Tibbott suggested exploring options to reduce the amount of time it takes to review a sign permit. Ms. Hope explained every sign does not require an hour to review; that amount of time includes answering questions, completing the form, recording documents, record keeping, etc. Adding up all the steps, the average is about an hour; the review time is likely half of that. Councilmember Tibbott suggested checking applications, answering questions, etc. could be handled by the BID administrator versus a City employee. Ms. Hope answered yes for a BID sign program but not having the BID interpret the City's code. Councilmember Tibbott suggest filling out the paperwork, ensuring compliance could be done by the BID. Ms. Hope said she was not sure the BID would be interested in taking that on; there are 500+ businesses in the BID. She anticipated there may be more input about the fee at the public hearing. Following the public hearing, staff will return to Council with a proposal based on Council direction for adoption by resolution. Edmonds City Council Approved Minutes March 14, 2017 Page 13 Councilmember Tibbott expressed support for having no fee for blade signs. With regard to removing the concept of grandfathering signage and including pedestrian signage with other permanent signs, he was convinced that business owners are convinced pedestrian signs are a good idea and find them useful. He referred to a study he saw today indicating pedestrian signs help downtown businesses; that assertion is not just anecdotal. The sign on a building would look better if the dimensions were in relation to the building and he preferred not to reduce the sign by 3 or 6 square feet for the business to also have an A- board sign. He preferred to have an artistic, well designed, well dimensioned sign on the building that worked for the businesses' storefront and not factor in an A-board sign. Ms. Hope clarified he wanted to add 6-square feet to the total allowed signage if the business has an A-frame sign. Councilmember Tibbott said he preferred to separate pedestrian signs from total signage. He did not find a clear nexus between an A-board and a sign on the storefront. Mr. Chave clarified Councilmember Tibbott was suggesting pedestrian signs would not count against the total permanent signage. Councilmember Tibbott agreed that was his suggestion. Councilmember Tibbott said the direction provided during the last year since the sign code was in place has made a different downtown. He looks at A-board signs and commended business owners for the interest the signs create due to the ability to update them quickly. He was convinced A-board signs were helpful for businesses and that the signs were novel and interesting for window shoppers. He reported visiting a business after seeing their A-board sign and making a purchase. Councilmember Buckshnis relayed citizen questions about where pedestrian signs were allowed and whether it included the waterfront, near the ferry, Port or Five Corners. The matrix in 20.60.020.(M) indicates pedestrian signs are only allowed in the downtown area. Ms. Hope answered the downtown area includes waterfront area as defined in the Comprehensive Plan. Councilmember Buckshnis observed it did not include Five Corners so pedestrian signs in Five Corners were not allowed. Mr. Chave agreed and said that has always been the case. Councilmember Buckshnis summarized people are concerned that pedestrian signs are only allowed downtown; businesses on Highway 99, Five Corners and Westgate would to display pedestrian signs. She noted there are A-boards in Westgate, Five Corners and Highway 99 that are not being enforced. She agreed with having no fee for blade signs. Councilmember Teitzel said he spends time with a citizen who is visually impaired who stated for people who do not see well, the previously unregulated A-board signs created a slalom effect, blocking the path and causing people to trip. He supported allowing the Development Services Director discretion over where the sign should be placed but was concerned with creating more opportunity for slalom effects. Councilmember Teitzel referred to 20.60.080.2.b temporary signs which states, "he maximum duration of display is 60 days in any calendar year for the cumulative posting of all temporary commercial signage upon each commercial location or premises. the He relayed concern that without a permit, there was no way to know when the sign was initially posted and when the 60-day period started. Mr. Chave answered that was always the case in the code and until the change was made in August, temporary signs did not require a permit. That provision was eliminated to return to the previous code. Mr. Chase explained the problem is an elaborate system would need to be created to track temporary signs for a cumulative 60 days, inspect when the sign was displayed etc., resulting in an annoyance factor. He agreed if there was interest in tracking temporary signs, the only way was a permit; one of the consequence was businesses would not get a permit until someone complained or staff noticed but there would be no way to determine how long it had been up. He summarized it has been no harm, no foul with temporary signs. Temporary signs have occasionally been enforced based on a complaint using that 60- day period. There have been few violators. The most problems have been with pedestrian signs that Edmonds City Council Approved Minutes March 14, 2017 Page 14 wander and accumulate. Businesses typically don't like placards, paper signs or temporary signs; they prefer the look and durability of permanent signs. He was concerned an elaborate tracking system would create frustration. Councilmember Teitzel said if that language was in the code it needed to be enforced. He compared it to establish a speed limit that was not enforced. Mr. Chave commented it was somewhat of an honor system. Councilmember Teitzel said having specific language in the code that was not enforced sent a bad message. He was not certain how to fix it but suggested consideration be given to improving the wording. He supported either a reduced or no fee for blade signs with the caveat that it creates a subsidy for particular businesses. Ms. Hope advised a public hearing on the amendments is scheduled next week. 9. MAYOR'S COMMENTS Mayor Pro Tem Mesaros commented it was nice to be the Mayor for a week. 10. COUNCIL COMMENTS Councilmember Fraley-Monillas advised former Finance Director Roger Neumeier's wife died suddenly last week. The City's thoughts are with him during this time. Councilmember Johnson announced Recycle Mania on Saturday March 18 at Edmonds Community College, 10 a.m. to 3 p.m., at the 200"' Street entrance. Donors can support Edmonds Community College Green Team and sponsors by recycling computers, monitors, TVs, laptops, cell phones, tablets and clean Styrofoam blocks but no peanuts. Other electronics are accepted for a $5 fee. Paper shredding is available from 10 a.m. to 1 p.m. with a limit of 5 file boxes. Councilmember Buckshnis announced the Edmonds Floretum Garden Club Workshop on Saturday, March 25, 10 a.m. to 12 p.m., "Tales from the Bat Lady," a presentation by Barbara Ogaard, a bat researcher and rehabilitator of bats for the Sarvey Wildlife Center. The Workshop will be held at Chase Lake Elementary, 21603 84`h Ave W, Edmonds. 11. CONVENE IN EXECUTIVE SESSION 12I,;GAIWING PENDIN(; OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. 12. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. Edmonds City Council Approved Minutes March 14, 2017 Page 15 13. ADJOURN With no further business, the Council meeting was adjourned at 9:18 p.m. DAVID O. EARLING, MAYOR COTT PASSEY, CLERK Edmonds City Council Approved Minutes March 14, 2017 Page 16