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20180116 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES January 16, 2018 ELECTED OFFICIALS PRESENT Michael Nelson, Mayor Pro Tem Diane Buckshnis, Council President Pro Tem Kristiana Johnson, Councilmember Thomas Mesaros, Councilmember Adrienne Fraley-Monillas, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember ELECTED OFFICIALS ABSENT Dave Earling, Mayor ALSO PRESENT Noal Leonetti, Student Representative CALL TO ORDER/FLAG SALUTE STAFF PRESENT Al Compaan, Police Chief Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Scott James, Finance Director Rob Chave, Planning Manager Frances Chapin, Arts & Culture Program Mgr. Rob English, City Engineer 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 Nelson in the Council Chambers, 250 5t' 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. 3. APPROVAL OF AGENDA COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. AUDIENCE COMMENTS Robert Liesik, Everett, Chairman, 21st Legislative District Republicans, encouraged the City Council to add banning of a safe injection site in Edmonds to its agenda. A site in Edmonds would enable addiction, facilitate the purchase and use of illegal drugs, cause the City to lose its quality of life by attracting drug users as well as increase crime because users steal to support their habit thereby adversely affecting the City's quality of life. Snohomish County Councilmembers have seen the degradation in the area around the safe injection site in Vancouver BC, people shooting up on street, pawning items and then buying drugs on the corner to shoot up at the safe site. There is a tremendous cost associated with operating such facility and having staff on site doing nothing more than observing people stick needles in their arms. He summarized a safe injection site would be a poor use of the City's finances. Edmonds City Council Approved Minutes January 16, 2018 Page 1 Jeff Scherrer, Edmonds, requested the Council consider a ban on heroin injection sites in Edmonds. One of his neighbors relayed the area surrounding the safe injection site in Vancouver BC is deteriorating and people walk around like zombies. Another person reported seeing needles and drug paraphernalia outside the heroin injection site and people dealing and using drugs in the open. A nearby pawn shop allows addicts to pawn stolen items to pay for drugs. His neighbors unanimously oppose an injection site in Edmonds. The Snohomish County Council and several cities in Snohomish County like Lake Stevens, Marysville and Snohomish as well as many cities in King County have already passed bans. Banning heroin injection sites in Edmonds would be an important step in ensuing a safer community as well as in preventing the illegal distribution and use of drugs. Providing an environment for addicts to illegally inject will not solve the heroin epidemic and in fact will divert needed money from treatment. He quoted Snohomish County Sheriff Ty Trenary, "This opioid crisis is the worst I've seen in 30+ years of law enforcement. Creating a site for people to do more of it is going in the wrong direction." Sheriff Trenary asked the Snohomish County Council to ban the sites. Mr. Scherrer implored the Edmonds City Council to continue to improve City and consider enacting ban on heroin injection sites. Roshell Turner, Lynnwood, opposed an injection site. As a recovering addict, she said safe injection sites allow addicts to continue using by providing a safe place to use and less incentive to quit. She summarized safe injection sites were not beneficial to the community. Naomi Stankenbury, Edmonds, implored the Council to consider banning safe injection sites. It was her understanding King County voted to put safe injection sites on the ballot and a judge denied it, saying the public cannot vote on a public health issue. If Edmonds does not take stand, someone could inform the City that they have to have a site which she hoped to avoid. Tom Hawn, Edmonds, expressed support for a ban on safe injection sites. His primary concern was the potential liability the City and Council would assume and potentially inviting problems. Scott Marshall, Edmonds, asked the Council to create public broadband in Edmonds. He referred to the net neutrality fight in Washington DC, pointing out the creation of public broadband in Edmonds would ensure Edmonds not have to deal with the outcome of that issue. He referred to a statement from Consumer Reports regarding public broadband, "Most municipal broadband providers are too small to make it into Consumer Reports' ratings. One exception is EPB-Chattanooga, a municipal broadband provider in Tennessee that is one of the top -rated services." He commented providers like Comcast are not well liked and referred to a statewide prohibition on the creation of public broadband. Carolyn Strong, Edmonds, expressed her affection for Edmonds' character, beauty and safety. Snohomish County placed a temporary ban on heroin sites; Marysville, Darrington, Lynnwood, Lake Stevens, Monroe and Sultan have approved similar bans and bans are being considered by Bothell, Arlington, Stanwood, Granite Falls, Everett, Mountlake Terrace and Snohomish. Edmonds is the largest of the seven remaining cities in Snohomish County that has not yet addressed a ban and she was greatly concerned about the possibility of Edmonds being approached for a site. Sites draw heroin addicts, drug dealers and large gangs such as MS-13. She worried about the effects a site would have on safety and crime in the City. As a realtor, she regularly hears people think of Edmonds as a safe place to live. Opioid addiction is a horrible epidemic; friends who have struggled with addiction say it is important to make it harder to do drugs, not easier. Addicts need help getting out of addiction; enabling them to continue destroying their lives is inhumane. Solutions are needed to help addicts get off heroin and become productive members of society and education to prevent addiction, not make drug addiction an acceptable part of society. The City Council has called the heroin epidemic fake news; it is occurring all around us including more addicts on heroin in downtown Edmonds. She asked Councilmembers to put a ban on heroin injection sites on a future agenda for discussion. Edmonds City Council Approved Minutes January 16, 2018 Page 2 Jim Wassall, Edmonds, opposed heroin injection sites in Edmonds and hoped the Council did as well. He and his wife visited the Veterans Plaza today and were pleased with how the drinking fountain and plaza looked. They also looked at the area on Sunset and Edmonds Street where the overpass will be located, and requested it only be used for emergency access to the waterfront. Sally Wassall, Edmonds, past president of the Edmonds Floretum Garden Club, said the donated funds for a drinking fountain, four plantings and a plaque with the club's logo. The drinking fountain includes a dog dish and two drinking heights and a "95 Years and Still Growing" plaque. A granite boulder contains a plaque with the Garden Club's logo honoring all who have served. Thanks to Edmonds employees, everything was very well done. Next, she expressed concern about the waterfront connector to be constructed over the railroad tracks and connecting with Edmond Street. According to the newspaper, the design phase has begun; as the connector will seriously impact their neighborhood, they should to be involved in the planning. She expressed concern with traffic, how often the connector will be used, and minimizing impacts on the Sunset neighborhood. Randy Hayden, Edmonds, a member of Snohomish County Mental Health Chemical Dependency Board, relayed his own opinions from his 5+ years of experience on the board. When he was the Chair of the Snohomish County Alcohol Advisory Board in 2014, the board passed the state's first naloxone program and trained over 350 first responders on the use of naloxone. In the first year, 25 lives were saved. He relayed talking to a man who had been saved four times via the use of naloxone who said the program enables him to maximize his high. The more heroin an addict uses, their addiction increases, making it harder to kick the habit. A safe heroin injection site is not safe as heroin is an opioid; such sites enable addicts to maximize their high and continue using the drug. Counselors say the only time people seek help is when they reach rock bottom which requires tough love. Legislation needs to be based on facts not emotion; sometimes people need to reach bottom before they are ready to pick themselves up. The City Council recently allotted $500,000 to the homeless and drug addiction; he suggested allotting those funds to counselors at Snohomish County Jail where people reach bottom and can be provided help. He offered to talk with the Councilmembers further and provided his phone number. Karl Kohagen, Lynnwood, asked Council to vote on a ban on heroin injection sites in the near future. A former heroin addict told him recently the only way heroin addiction can be addressed is when the person themselves is willing to seek treatment and treatment is what they need, not sites where they are encouraged to continue their addiction. This former addict did not support safe injection sites because they only encourage and enhance addicts' ability to use drugs, and instead supported spending more money on treatment, outreach and homeless programs. In addition to a ban, he requested the Council allot funds to organizations who provide treatment. Providing a safe injection sites provides a poor example to those raising children to be law abiding citizens. Robert Smiley, Edmonds, said he is one of the people who picks up addicts out of woods, gets them into detox treatment and helps them find new ways of living. Safe injection sites encourage criminal activities, heroin is illegal. A safe injection site is only safe for the person using the drugs; the gang activity that accompanies sites is not conducive to the type of society most of us want to live in. He commented on a cleanup taking place on 128`h & Highway 99 behind the Home Depot where children in that area have not been able to play outside. If a safe injection site is allowed in Edmonds, kids will not be allowed to play outside. He wanted an opportunity to vote on allowing safe injection sites. Criminal activities increases around safe injection sites as a result of gangs fighting over selling drugs around the site. In Vancouver BC, consideration is being given to selling drugs from vending machines to reduce drug dealing activities. If a safe injection site is opened in Edmonds, every drug addict in the state will come here. He was not an advocate for suboxone, Adderall, methadone, etc. He operates seven clean and sober houses; in his experience when someone wants to change their life, they need to get off all substances, be in an Edmonds City Council Approved Minutes January 16, 2018 Page 3 environment that is conducive to recovery and get to the emotions that drugs cover up. He urged the Council to consider the community and allow the citizens to vote. Cameron Nelson, Edmonds, said her father was the city attorney for decades and was glad he not here to witness the Council discussing this. She has a relative that is a heroin addict, commenting calling these safe injection site was joke because it was not safe to put heroin into your body. She hoped the Council heard what everyone was saying. The last thing addicts need is more drugs in their veins. Dr. David Shirley said people who use heroin, an illegal, manufactured drug with ;no quality control or fentanyl, also an illegal drug manufactured with no quality control, will be dead. in five years. Making it easier for them to continue to use drugs only ensures their deaths. Addicts must want to get off drugs and into therapy. Getting people off drugs is the solution to the opioid epidemic but they must want to. Brad Bartholomew, Lynnwood, was opposed to clean injection sites. As someone with drug experience, he assured safe injection sites are not safe. He feared someone at a safe injection site could get into a fight and poke someone with a needle, a concern due to hepatitis, AIDS, and pther blood -borne illnesses. Condoning a clean safe injection site is like assisting someone with a disability.,;to ;commit suicide. Damen McCoy, Everett, formerly from New Orleans, said he did not want Edmonds to turn into New Orleans. As a former drug dealer, he assured there was no such thing as a safe injection site. People in high places are itching for cities to build sites as there are billions and trillions of dollars in opioids. He has two children and moved to Washington for a better situation. Since coming to Washington, he no longer even litters. Drugs are a downhill lifestyle; the solution is to catch people before they start using or at their bottom. Places like The Hands Up Project is where the City's money needs to go because they help people. Many people doing drugs want help but don't know how to find it; creating places where they can find help is the solution, not creating places where they can continue to use. Joshua Freed, Bothell, Chairman for 1-27, a ban on heroin injection sites in King County, said they are taking the battle to the Washington State Supreme Court to ensure citizens have a voice, unlike the King County judge who said they do not have a right to vote. He requested the Council send a message to their representatives to ban heroin injection sites. Some of Councilmembers' comments over the past week have been confusing, considering it fake news; it is time for the Council to send a clear message to Edmonds citizens that they do not want safe injection sites. After visiting East Hastings in Vancouver BC five times recently, he reported the climate is quite disturbing; within a five -block radius there are 5,000 users walking around. At the time Insite, a government -run injection site, opened in 2003, there were 191 illicit drugs deaths; in 2017, there were over 1000, a 568% increase. Clearly the Canada model is not working, in fact heroin use and possession had to be legalized to allow Insite to open. While in that area, he walked by people shooting up on the street, needles everywhere, tents in parks, users dripping blood onto the street, confrontations by MS-13 gang members, drug deals on the street and women selling themselves to buy heroin. It is heartbreaking to see the broken lives; heroin injection sites allow them to continue on a path to suicide. He encouraged Edmonds City Council to send a clear message that they support treatment and want to ban heroin injection sites. Treatment centers are located in Bothell and throughout King and Snohomish County but there is currently a seven week wait for a heroin user to get into treatment. There needs to be on -demand treatment rather than a place to allow addicts to continue to use. Rory Fitzpatrick, Lynnwood, said he has family members who have had issues with:drug abuse, causing problems within his family and the same thing is happening to other families in the community when addicts are unable to find help. He was one of them until he met Robert Smiley and The Hands Up Project that helps people with housing, transportation, and other important resources. Having access to resources is essential; being in an area where drug abuse occurs is not safe. Edmonds City Council Approved Minutes January 16, 2018 Page 4 Veronica Garcia, Issaquah, here on behalf of I-27 to ban heroin injection sites, said many Edmonds residents reach out to her expressing concern that the City had not banned injection sites. She urged the Council to put a permanent ban on heroin injection sites on a future agenda. This is important because King County has imposed their agenda despite the public's opposition and Seattle's 2018 budget includes $1.3 million for an injection site and plans to implement another site elsewhere in King County. Cities are responding to King County and Seattle pushing their agenda forward by implementing individual bans. Currently 12 cities in King have banned injection sites and more are considering it. In a perfect world, citizens would not need to be proactive on such a poor solution, but it would be wise to consider the precedent set by cities such as Marysville, Lake Stevens, Lynnwood, Snohomish and Snohomish County who have begun implementing bans on heroin injection sites. Those entities feel a ban is necessary in order to be prepared if something comes from the state or county. She encouraged the Council to put politics aside; this is not a partisan issue and brings people together from both sides. She urged the Council to put a permanent ban on drug consumption sites on a future agenda and look for a solution that includes on - demand treatment. Sue Contra asked the Council to ban safe injection site because she did not want her child or other children to grow up seeing these sites and thinking it was okay. She recently got off the streets thanks to The Hands Up Project and realized it was the best thing for her. To anyone needing help and/or treatment, she urged them to contact The Hands Up Project. 5. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF JANUARY 9, 2018 2. APPROVAL OF COUNCIL MEETING MINUTES OF JANUARY 9, 2018 3. APPROVAL OF CLAIM CHECKS, WIRE PAYMENT AND PAYROLL CHECKS 4. NOVEMBER MONTHLY FINANCIAL REPORT 5. AUTHORIZATION FOR MAYOR TO SIGN A SUPPLEMENTAL AGREEMENT WITH OTAK FOR THE 238TH ST. SW (EDMONDS WAY TO SR-99) WALKWAY PROJECT 6. AUTHORIZATION FOR MAYOR TO APPROVE RECORDING OF A PUBLIC ALLEY ACCESS EASEMENT ON THE NORTHEAST CORNER OF 755 BELL STREET 7. AUTHORIZATION FOR MAYOR TO SIGN AN AMENDMENT TO THE INTERLOCAL AGREEMENT WITH LAKE BALLINGER/MCALEER CREEK WATERSHED FORUM 8. AUTHORIZATION FOR MAYOR TO SIGN A SUPPLEMENTAL AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. 9. CITY WELLNESS ORDINANCE 10. JOB DESCRIPTIONS 6. PRESENTATIONS 1. WATER RESOURCE INVENTORY AREA WRIA 8 PRESENTATION AND RESOLUTION Edmonds City Council Approved Minutes January 16, 2018 Page 5 Council President Pro Tem Buckshnis explained Edmonds became a member of WRIA 8 in 2005 via Resolution 1101. WRIA 8 spent the last year updating the WRIA 8 2005 plan. The resolution and updated plan are in the Council packet. Jason Mulvihill -Kuntz, Salmon Recovery Manager, WRIA 8, thanked Edmonds for being one of 28 local governments working together to make the watershed a place where salmon and people can live together. He reviewed: • Diagram of Lake Washington/Cedar/Sammamish Watershed (WRIA 8) o Most populated, urban watershed in state o Has two endangered Chinook salmon populations in Puget Sound • Cedar River (comes in through Ballard Locks, turns right into Lake Washington and into the Cedar River) ■ Sammamish River (comes in through Ballard Locks, turns left into Lake Washington and up through the Sammamish River, Bear Creek, Lake Sammamish and beyond) o Habitat Priority Tiers 1 and 2 The Road to recovery 0 1999 Chinook salmon listed as threatened under ESA 0 2001 Jurisdictions sign ILA 0 2005 Recovery plan completed 0 2006 Begin implementation/ILA renewed 0 2015 First 10 year of implementation/ILA expires 0 2016 ILA renewed (through 2025) 0 2017 Plan update completed Graphs of Cedar River Chinook Salmon Population o Adult Returns ■ 10-year goal = 1600 fish, met only once to date in 2007 ■ Best return in 2017 since 2000, returns above 2000. o Juvenile Abundance ■ Substantial increases in recent years Watershed Salmon Recovery Plan: Part of Puget Sound Recovery WRIA 8 Recovery Plan Approved Aug 2005 y Puget Sound Salmon Recovery Plan Approved January 2007 y Action Agenda for Puget Sound Recovery Approved December 2008 (Updated 2014) 2005 Chinook Salmon Conservation Plan o On the ground projects — habitat protections and restoration o Land use regulations and planning o Outreach, education and stewardship Accomplishments o Over 2,775 acres protected through acquisition or easement 0 700 acres of riparian area treated/planted o mile of levees removed or set back 0 76 acres of floodplain reconnected 0 7,680 linear feet of lakeshore restored 2017 plan update Edmonds City Council Approved Minutes January 16, 2018 Page 6 o Builds on lessons learned o New habitat restoration goals o Focus on recovery strategies o Revised project list and list of recommended land use and education and outreach actions o Monitoring and assessment plan Edmonds projects o Restoring Edmonds Marsh and Daylighting Willow Creek o Reconnects 28 acres of rare tidal salt marsh habitat o Helps control invasive species, improves water quality and reduces risks from projected sea level rise o Edmonds completing final feasibility study and initiating design Councilmember Mesaros agreed restoration of the Edmonds Marsh and Daylighting of Willow Creek was an important project; the Council's agenda includes approval of a study of the Edmonds Marsh. He referred to the successes and numbers in 2017 and asked what factors keep salmon from returning. Mr. Mulvihill - Kuntz said the work they have the most control over is habitat as well as the impacts of toxins in stormwater and shoreline restoration on freshwater lake shorelines as well as marine shoreline areas. Other factors affect salmon on their way out of Puget Sound into the ocean; the Marine Survival Project is studying what is affecting juveniles in Puget Sound; likely possibilities include the huge increase in marine mammals that feast on juvenile salmon. Once juveniles reach the ocean, many factors affect their numbers including international treaties related to harvest. The Marine Survival Project is an international project, Long Live the Kings is the lead in the United States along with a Canadian lead. Councilmember Teitzel asked why the plan's focus was on Chinook salmon and not others such as Coho. Mr. Mulvihill -Kuntz explained Chinook is a listed species under the ESA. The plan and its efforts also benefit and support all salmonids that come to the watershed. Although other salmonids are not listed because their populations are not in dire ranges, they are still important. Admittedly there are specific parts of the watershed that WRIA 8 does not spend as much time on such as upper tributary streams used by Coho and Steelhead; restoration of coastal areas is focused on the nearshore habitats, stream mouths and the first 300 feet of streams that Chinook generally use. Councilmember Teitzel asked what role hatcheries play in recovery or do WRIA 8's efforts focus strictly on natural origin recovery. Mr. Mulvihill -Kuntz said their goals are focused on natural origin populations, fish that naturally produce themselves and return and spawn in the steam system. There is a hatchery in the watershed in Issaquah that plays a role in the Sammamish population. The Cedar River population is entirely native origin stocks although it is impacted occasionally when hatchery fish stray. In other parts of Puget Sound, hatcheries are critical to recovery because population are so low, without those recovery hatcheries, they would blink out. Issaquah sustains/supports harvestable populations of fish, generating enough juveniles to hopefully have a population of returning adults that can be fished for tribal treaty rights and recreation fishing. Council President Pro Tern Buckshnis referred to the resolution in the packet, noting former senior Planner Kernen Lien did not have any concerns with the changes in the update. Copies of the update are available in Development Services and the Council office. Councilmember Teitzel referred to Item 5 in the resolution, "Supporting implementation of the 2017 Plan's Monitoring and Assessment Plan on a watershed basis, including an adaptive management approach to implementation..." and asked what an adaptive management approach was. Mr. Mulvihill -Kuntz said monitoring and data analysis will determine whether goals and benchmarks in the plan have been met and whether a policy change in the approach to recovery is needed. Edmonds City Council Approved Minutes January 16, 2018 Page 7 Councilmember Tibbott suggested this should have been scheduled as an action item instead of a presentation and suggested it first be reviewed by the Finance Committee to assess for financial obligations. Council President Pro Tern Buckshnis said it was scheduled as a presentation because the Council already approved the 2018 budget which includes membership in WRIA 8 and there was no appropriate committee to review it. The original Resolution 1101 ratifying the 2005 WRIA 8 Chinook Salmon Conservation Plan remains in place and is updated by the proposed resolution. Councilmember Tibbott appreciated the update, but he preferred it first be reviewed by a committee. Councilmember Johnson asked Mr. Mulvihill -Kuntz to comment on the use of flood gates and pump stations for local areas such as the Edmonds Marsh. Her understanding was there had been legal challenges by the Tribes regarding the use of flood gates and pump stations. Edmonds has a tide gate and is considering a pump station and she was interested in the impact that may have on the function of the marsh once it is fully functioning. One of the reasons there is a flood gate is a low spot near the ferry caused in part by a culvert obstruction. Mr. Mulvihill -Kuntz said Councilmember Johnson may be referring to a culvert case before the State Supreme Court that moved to the federal level and the state is appealing, that sided in favor of tribal governments who argued culverts were impediments to fish habitat upstream prevented the Tribes from realizing treaty rights with regard to fish harvest. The State has been required by the lawsuit to fix fish barriers on its property and associated with its projects. WSDOT and Fish & Wildlife have done several projects although the State is still considering an appeal. Many local governments are also considering addressing barriers to fish as a result of that case. He assumed that issue in the marsh would be part of any design and/or the study to assess the condition of those facilities as well as an hydrologic model to assess flows. Councilmember Johnson commented the City is considering a $2 million project and she wanted to ensure the right thing was done. It was the consensus of the Council to schedule approval of the resolution as an action item on next week's agenda. 2. SOUND TRANSIT UPDATE Kamuron Gurol, North Corridor Development Director, Sound Transit, explained the high capacity transit system is being expanded dramatically based on the voter -approved ST-3 package. He reviewed: • More people, more cars o Population growth (1500+ every week) = traffic delays (freeway delays up 95%) • Meeting growth demand o Average weekday ridership 2010 — 75,508 2017 — 163,000 2040 — 560,000 — 690,000 System Expansion o 2017 ■ Light rail — University of Washington, Capitol Hill, Downtown Seattle, SeaTac Airport, Angle Lake — Tacoma Dome to Theater District ■ Sounder rail — Everett to Seattle — Lakewood/Tacoma to Seattle ■ ST Express Bus — 28 regional bus routes o 2021 a Light rail Edmonds City Council Approved Minutes January 16, 2018 Page 8 - U District, Roosevelt, Northgate ■ Sounder rail - Sumner and Puyallup stations parking and access improvements o 2022 ■ Light rail - Tacoma Link Extension to Hilltop 0 2023 ■ Light rail - Mercer Island, Bellevue, Spring District, Redmond (Overlake) ■ Sounder rail - Kent and auburn stations parking and access improvements 0 2024 ■ Light rail - Shoreline, Mountlake Terrace, Lynnwood - SE and Downtown Redmond - Kent/Des Moines, Federal Way ■ Sounder rail - Sounder north added parking and access improvements ■ Sound Transit Express Bus - I-1405 BRT - Lynnwood to Burien - SR 522 BRT - Shoreline to Bothell - North Sammamish Park -and -Ride 0 2030 ■ Light rail - Alaska Junction, Avalon, Delridge - South Federal Way, Fife, East Tacoma, Tacoma Dome 0 2031 ■ Light rail infll stations - NE 130th Sound Transit - South Graham St - South Boeing Access Rd o 2035 ■ Light rail and new downtown tunnel - Ballard, Interbay, Smith Cove, Seattle Center, South Lake Union, Denny, Midtown 0 2036 ■ Light rail - Everett, SR 526/Evergreen, SW Everett Industrial Center, Mariner, Ash Way, West Alderwood ■ Sounder rail - DuPont and Tillicum - Sounder south capacity and access improvements completed 0 2039 ■ Light rail - Tacoma Link Extension to Tacoma Community College 0 2041 ■ Light rail - South Kirkland, Richards Road, Eastgate/Bellevue College, Issaquah Kathy Leotta, Sound Transit, provided an update on the North Sounder Parking and Access Improvements Project: Edmonds City Council Approved Minutes January 16, 2018 Page 9 • Project overview o Completion targeted for 2024 o Provides for parking/access improvements at Edmonds and Mukilteo stations o Plan does not indicate specific improvements or how $40 million to be allocated between projects • Project goals o Increase Sounder ridership o Encourage convenient ad safe connections to Sound Transit services through all access modes • Working Schedule 2018-2024 • Alternatives Screening Study o Begins fall 2018 o Data collection • Mode of access to stations • Parking inventory • Sounder boardings (existing/forecast) • Traffic and bus transit data (existing and forecast) o Stakeholder involvement o Evaluation criteria o Alternatives development and screening • Parking (leased, owned) ■ Access improvements (walking, biking, transit connections) o Identification of preferred alternatives Next steps o Develop city partnership agreements o Consultant procurement will be underway in mid-2018 Mr. Gurol recognized City staff for working with them and being good partners; they have met with Public Works Director Phil Williams and Planning Manager Rob Chave and have spoken with Development Services Director Shane Hope in preparation for tonight's meeting. Councilmember Fraley-Monillas assumed Mayor Earling notified them about parking issues during the past week. She recalled the intent of light rail options, rapid transit, etc. was to get people out of their cars but she recognized there would probably never be enough parking at stations. She was familiar with BART, which has some station parking, but their focus is getting people to stations via bus or other forms of transportation. She was unsure how successful that would be in Edmonds due to the amount of sprawl and limited Park & Rides. She asked how people could be moved effectively given the challenge of limited parking and the expense of providing parking. Mr. Gurol said they will be collecting data to inform that discussion, recognizing the challenge today and how it might look in the future and looking at an array of options that include parking and access and working with the City on the best, most cost effective preferred alternative. He would not be surprised to find it was a mix of parking and access. That effort will be informed by facts and data as well as input from community. He assured they will work closely and collaboratively with the City to reach the best solution. Councilmember Fraley-Monillas commented another challenge is a lot of people outside the City take Sounder and it is challenging for them to reach the station without a car. Council President Pro Tern Buckshnis said her husband uses Sounder and the bus and reports there is no parking available at the Park & Ride by 7:20 a.m. She asked how meaningful data will be collected regarding people unable to find parking who park elsewhere or drive to their destination. Ms. Leotta said they will work with the consultant on ways to collect that data. Data collection includes handing origin/destination surveys to riders as well as observations at stations. Edmonds City Council Approved Minutes January 16, 2018 Page 10 Councilmember Tibbott commented on the lack of new east -west connectors from Edmonds to light rail. Mr. Gurol agreed there is not an east -west connection in the Sound Transit plan constructed by Sound Transit but Sound Transit's investments will help leverage investment in local jurisdictions. For example, although the Lynnwood to Everett project does not start until 2025, Sound Transit is in discussions with Snohomish County, Lynnwood and Everett on preplanning opportunities. Snohomish County is considering east -west connections at 164" and 128t". There is a recognition of the need to make those investment as fast as possible. Sound Transit projects will have a modest amount of access and parking improvements and Sound Transit will need to partner with and complement other investments that the county or cities make. He anticipated Sound Transit's investments would be a compelling factor for other funding sources. Ms. Leotta said Community Transit is planning a network of bus rapid transit including one that will go through Lynnwood to serve light rail and continue west. She was uncertain if it extended to downtown Edmonds. Councilmember Tibbott said Community Transit indicated it may stop near Edmonds Community College. Mr. Gurol said Sound Transit includes 80 cities and 3 counties and a variety of other governmental jurisdictions; they do their best to reach out to communities and transit partners to make the project the best possible investment by looking at how it can complement local investments. Councilmember Tibbott understood Edmonds was at the end of the cul-de-sac but good east -west connections will be essential for citizens to access light rail and to the extent Sound Transit can assist with that will be very important. Councilmember Mesaros, a member of the SeaShore Transportation Forum, said Community Transit is looking at an east -west connection. He agreed on the importance of county transit systems coordinating with Sound Transit. 3. PLANNING BOARD END OF YEAR REPORT TO COUNCIL Past Planning Board Chair Carreen Nordling Rubenkonig introduced current Chair Nathan Monroe and Vice Chair Matthew Cheung. Mr. Monroe explained the goal of the Planning Board is to assist the Council in matters of zoning and planning. Ms. Nordling Rubenkonig relayed key strengths include geographic representation of members, professional backgrounds and board members' interest in the community. Geographically members represent downtown, Five Corners, Lake Ballinger/Highway 99 east, Perrinville, North Meadowdale, Edmonds Bowl, north Edmonds and Talbot Park. Professional representation includes two engineering professionals, a software designer and project manager, a planner, a chemical engineer, a lawyer, a corporate relations officer and a marketing professional. Mr. Monroe and Ms. Nordling Rubenkonig reviewed issues the Planning Board undertook in 2017: 1. Dialogue with the developer of Westgate Marketplace multifamily housing to help identify how to shape incentives for affordable housing 2. Complete review process for Highway 99 Subarea Plan • Traffic speed versus pedestrian -orientation • Recommended changes in zoning • Encouraged multifamily housing 3. Raising awareness for housing alternatives to address aging in place, providing a possible income stream for senior citizens via accessory dwelling unit (ADU) development and remodeling single family houses for multifamily use 4. Discuss findings of the Urban Forest Management Plan (UFMP) and the tree canopy on publicly owned lands. • Planning Board reviewed the online survey and requested a deeper dive into the results 5. Provide the Planning Director comments on the feasibility of the 2010 Five Corners Plan. Discussion included: • Strong visual design of roundabout Edmonds City Council Approved Minutes January 16, 2018 Page 11 • Promoting use of form based code • Encouraging community identify • Anticipating opportunity for affordable housing with developer incentives Consider expanding the district's boundaries Joint meeting with Architectural Design Board (ADB) on December 13. Discussion included whether their scope to administer the City's design regulations is resulting in projects' architectural design best outcome. The Planning Board expects to be a sounding board for the ADB. Mr. Monroe relayed the 2018 agenda will include revisiting Five Corners and possibly a joint meeting with the City Council, continued review of the UFMP, appointment of a youth representative and continued dialogue with the ADB. Councilmember Tibbott asked about the incentives for affordable housing, especially on Highway 99, Westgate and Five Corners that the Planning Board has discussed. Mr. Monroe advised the discussion was with the Westgate developer who indicated the incentives they found most useful were those that allowed them to increase profitability in exchange for public space, pedestrian uses, etc., tradeoffs or incentives to do a better job instead of mandatory requirements. Ms. Nordling Rubenkonig said Westgate was one of the first places where housing options will occur but they can occur in neighborhoods such as Hwy 99 and the Planning Board has been asked to look at Five Corners. She summarized it is a progression of thought that started in Westgate. Councilmember Tibbott relayed his understanding the Westgate developer was interested in profitability in exchange for amenities and asked whether the developer provided any ideas about what that might look like. Ms. Nordling Rubenkonig answered the developer is on the housing task force which is a step in the right direction. The Planning Board has not requested staff research any alternatives or had further discussion on its agenda. Council President Pro Tem Buckshnis said she enjoys reading the Planning Board minutes. With regard to the UFMP, she said the Council never gave direction to look only at public land. She and Mayor Pro Tem Nelson will be talking with Ms. Hope to discuss development of the UFMP. Public land comprises only 13 % of the entire canopy and restricting it to those trees is not cost effective. She recognized the City needed to be concerned about views and private property rights. Ms. Nordling Rubenkonig anticipated the study would provide facts and that data on the entire city's canopy needs to be provided. She commented the public meeting that was held provided a great deal of input. Although property owners are concerned about being told how to handle trees on their private property, it is up to the City to consider all issues related to tree canopy. Councilmember Teitzel referred to the use of ADUs to generate revenue to allow senior citizens to remain in their homes, noting detached ADUs may also increase the stock of affordable housing. He asked whether that effort was focused on larger lots such as 12,000 square feet. Ms. Nordling Rubenkonig answered the Planning Board's focus was how to assist seniors to remain in the community. The Mayor's task force has another agenda. She recalled aging in place resonated with several Councilmembers and subsequent discussion occurred at the Planning Board. Development Services Director Hope encouraged the Planning Board to have such discussions including the ability to depart from current regulations and allow detached ADUs to meet the perceived need of house rich/income poor property owners to remain in the community. Councilmember Teitzel agreed that was a worthwhile idea and worth pursuing. Councilmember Fraley-Monillas commented on the affect that attached or detached ADUs may have on a neighborhood's infrastructure such as traffic, schools, etc. She relayed concern from citizens who do not support adding people to existing lots and the associated vehicles, stress on the infrastructure, etc. Ms. Nordling Rubenkonig relayed her understanding the City's regulations allow a property owner to rent out Edmonds City Council Approved Minutes January 16, 2018 Page 12 rooms to up to 5 unrelated family members, creating 5-10 additional cars. An ADU will have less impact as either the ADU or main structure must be owner -occupied. Councilmember Fraley-Monillas commented there are a number of opportunities for seniors such as reverse mortgages. She relayed her understanding that the intent was to accommodate more people and allow a senior property owner to generate income or live in a downsized environment. Mr. Monroe said the current ADU regulations require an onsite parking space. He agreed more discussion needed to occur. Councilmember Fraley-Monillas asked if the Planning Board considered the infrastructure of a specific area. Mr. Monroe anticipated an ADU policy would be citywide. Mayor Pro Tem Nelson thanked the Planning Board for their work. 4. MARSH STUDY PROFESSIONAL SERVICE AGREEMENT Councilmember Mesaros explained during the holiday break, Council President Pro Tem Buckshnis, Development Services Director Shane Hope and he met with Ron Gouguet and Jenny Love, Windward Environmental, to refine the scope of the study. He referred to a memorandum written to Ms. Hope by Ms. Love regarding the changes to the scope, noting one of the big changes was to the budget; the budget originally proposed by Windward was $348,793. The updated project budget is $161,998 for Tasks 1-4; once those tasks are completed, it will be easier to assess what needs to be done in Tasks 5 and 6. The budget can be reduced to $146,683 if the City purchases the water quality/level loggers instead of Windward. He suggested the Council review and discuss the agreement and schedule it for approval on the Consent Agenda next week. The updated project schedule is included in the packet. Councilmember Tibbott referred to Evaluating Willow Creek Daylighting Impacts, noting the original budget was approximately $98,000, the updated budget is reduced to approximately $44,000 and asked the difference. Councilmember Mesaros referred to the statement in Ms. Love's memo regarding changes that apply to Task 4, Evaluating the Impacts of the Willow Creek Daylighting Project, that include, 1) no additional field data will be collected as part of this task, and 2) the technical memo developed for this task will include recommendations for post-daylighting monitoring data collection. Windward feels enough field data has already been collected by other consultants. Councilmember Tibbott asked why the impacts of Willow Creek Daylighting need to be analyzed when it is not known when/if that will occur. Council President Pro Tem Buckshnis answered the design of the Willow Creek Daylighting is fully funded and the last aspect is the 2-3 hot spots on Unocal property. Once Unocal turns the property over to WSDOT, there hopefully will be movement in that direction. Windward will analyze the data that has already been collected and provide a prediction about what might happen after the daylighting. Councilmember Johnson saw an opportunity to complete Task 5 in 2018 which was the original plan. She believed Task 4 could be delayed until next year and possibly funded via a grant from an organization such as WRIA 8. She viewed Task 5 as critically important and suggested it be included in the current Windward contract. Councilmember Fraley-Monillas supported having all tasks completed in 2018 and 2019. Councilmember Teitzel asked if the reduction in the budget if the City purchases the water quality loggers reflected the price of the loggers. Councilmember Mesaros answered yes. In response to Councilmember Johnson, Councilmember Mesaros said the reasons Tasks 5 and 6 were not included was not a budget issue but an understanding of what needs to be developed in Task 5 and 6. Funding is included in the budget if the Council decides to move forward with Tasks 5 and 6 but the scope of those tasks may change based on what is discovered in Tasksl-4. Edmonds City Council Approved Minutes January 16, 2018 Page 13 Council President Pro Tem Buckshnis said the budget includes $237,000 for this study. The consultant will look at all the literature from the Bird Fest, website, Shannon Wilson studies, Students Saving Salmon, Western Washington University, etc. first. If the City purchases the water quality/level loggers, they can be used after the study. Data collection will include cameras to determine what wildlife exists in the marsh. She suggested extending the study 1-2 months into June/July as the pump station may allow the tide gate to remain open throughout 2018 winter which will result in a different salinity and hydrology of the marsh during spring/summer. Councilmember Johnson suggested before the agreement is placed on the Consent Agenda, the schedule needed to be reviewed, particularly if the intent was to complete Task 4 before Task 5. In addition, Public Works should be consulted about when the pump station will be completed as staff is indicating it is unlikely to be operational in the timeframe Council President Pro Tem Buckshnis suggested. Councilmember Mesaros said this is a proposed calendar and he recommended allowing the consultant to determine how the study will unfold and the calendar. Council President Pro Tem Buckshnis suggested taking action on the agreement on next week's agenda which would allow Ms. Hope to be present and allow her time to confer with Mr. Williams about the pump station. It was the consensus of the Council to schedule this as an action item next week. Mayor Pro Tem Nelson declared a brief recess. PUBLIC HEARING 1. PUBLIC HEARING ON AN ORDINANCE AMENDING ECC CHAPTER 1.20 RELATED TO PUBLIC RECORDS REQUESTS, AND A RESOLUTION ADOPTING FEES FOR ELECTRONIC RECORDS City Clerk Scott Passey explained: • The Public Records Act (PRA) was enacted in 1972 to provide the people with broad rights of access to public records in order to promote the public policy of open government and accountability • The City of Edmonds places a high value on openness and accountability and is fully committed to complying with the PRA • Agenda item involves two separate actions. 1. Ordinance amending ECC 1.20 o Rules of Procedure require updating to provide the public with a clearer understanding of the records request process o Majority of ordinance does not propose anything new from the City's existing practice o Main purpose of the ordinance is to memorialize the City's current practice, so the public knows what to expect when submitting a public request 2. Resolution adopting the State Default Fees for Electronic Records 0 2016 State Auditor's Office conducted a study and held stakeholder group meetings ■ Edmonds participated in Auditor's survey; Edmonds' estimated annual expenditure on public records requests was $500,000/year o State Legislature passes EHB 1595 ■ EHB 1595 authorizes agencies to charge a small fee for providing electronically produced copies of records. It also authorizes a customized service charge for requests that require staff with IT expertise to prepare data compilations of provide customized electronic access. Edmonds City Council Approved Minutes January 16, 2018 Page 14 • Public Records Fee Schedule adopted by Resolution No. 1238 in 2010 o $0.15 per page for paper copies o Actual costs for CD/DVD/flash drive o No fee for scanned (pdf) copies • In 2017 the City collected $100 in fees • The City may charge a fee based on actual costs or it may use the default fees provided in statute * City currently uses the State's default fee for paper copies • To charge the default fee for electronic records, City must amend fee schedule and adopt finding that it is unduly burdensome to determine actual costs • Staff recommends Council adopt the State default fees in lieu of calculating actual costs: o State default cost categories Paper 0.15/page Scans $.10 per page E-records $0.05 per 4 electronic files Data quality $0.10 per GB data a Many of the City's records already exist in PDF format such as ordinances, resolutions and minutes as well as many other highly -used and requested records. The permitting department has made great strides in getting many of the permit files on the website. • Examples: 100 paper copies x $0.15 per page $15.00 Envelope $ 0.20 Postage 7.20 TOTAL: $22.40 200 scanned pages x $0.10 per page $20.00 1.00 MB $ 0.00 68 electronic files / 4 = 17 x $0.05 $ 0.85 CD $ 0.17 Envelope $ 0.07 Postage S 1.11 TOTAL: $22.21 75 emails / 4 = 18.75 x $0.05 $0.94 250 MB $0.00 Provided via cloud storage $0.00 Envelope $0.00 Postage $0.00 TOTAL: NO CHARGE (Fee waived if less than $1.00) The proposed ordinance and resolution provides for these changes EHB 1595 requires a public hearing for any agency considering the implementation of these fees Councilmember Fraley-Monillas asked if this includes the Police Department. Mr. Passey said it would be citywide; the Police Department's fees in the fee schedule would remain the same. Council President Pro Tern Buckshnis referred to Mr. Passey's reference to "the City" and not a specific position. Mr. Passey responded the proposed change would be citywide. Council President Pro Tem Buckshnis asked why Section 1.20.080 was deleted. Mr. Passey responded the form is online or available from the Clerk's office. The City Attorney felt the information in that section was captured elsewhere in the update. Edmonds City Council Approved Minutes January 16, 2018 Page 15 Councilmember Tibbott asked if City receives bot requests. Mr. Passey responded the City receives generated requests and it can be difficult to determine which are legitimate requests. The software requires a code that a bot cannot do. Councilmember Tibbott asked if the City receives public records requests via email. Mr. Passey said people are referred to the public records request portal; on occasion people refuse to use that and staff manually inputs the request into the system. Councilmember Tibbott relayed his understanding that some people request 10,000 pages hoping they will get what they need; with the proposed charge, they would be more likely to refine their request. Mr. Passey agreed fees often influence behavior. For example, the City has received requests from attorneys to scan archived records which takes many hours and a substantial cost to the City. Mayor Pro Tern Nelson opened the public participation portion of the public hearing. Robert Stivers, Edmonds, asked if a "page" was double or single sided and hoped copies of the agenda would not require payment of a fee. He suggested, 1) if copies will be thrown away such as the agenda packet in the Council chambers, a requester not be charged a fee for it, 2) administrative guidelines be established for a fee waiver; for example, if the American Legion requests a copy of the disaster plan, 3) presentations materials such as Sound Transit's be made available to the public, and 4) some things be available to citizens free of charge in broadcast mailings such as Ordinance 4040. Hearing no further comment, Mayor Pro Tern Nelson closed the public hearing. Councilmember Mesaros commented the disaster plan was available on the City's website. Mr. Passey agreed many documents, plans, etc. are available on the website. The more things that are available on the website, the less the staff must respond to public records requests. Often presentations made at City Council meetings are not in the packet; those could be added to the online packet after the meeting. If someone requested it, because it is a single file, it would be sent free of charge. Councilmember Fraley-Monillas commented there has never been a stack of agenda packets available in Council Chambers. Mr. Passey said two full Council packets are in provided in Council Chambers for the public's use during the meeting as well as paper copies of the agenda. The City has a list of people who have requested to receive agenda announcements that the Council has directed be provided free of charge. Councilmember Fraley-Monillas asked if anyone requests the full packet. Mr. Passey answered no, only specific agenda items. Councilmember Johnson observed many presenters do not provide the presentation in advance for the packet and the Council often requests the presentation. She suggested establishing a procedure to add presentations to the minutes. Mr. Passey agreed that could be done or he could add a link to the web agenda after the meeting. Councilmember Tibbott inquired about the logistics of providing a waiver for certain groups/agencies' requests. Mr. Passey said no other cities' resolutions that adopted the State's default fees contemplated a fee waiver for specific groups. Councilmember Tibbott noted the emergency plan is available on the City's website. Councilmember Fraley-Monillas asked whether the Mayor Earling could be the de facto decision -maker for a fee waiver. She noted there were other groups that may be interested in a fee waiver such as the Girl Scouts. Mr. Passey said that could be discussed. It was the consensus of the Council to schedule approval of the resolution on the Consent Agenda. 8. ACTION ITEMS Edmonds City Council Approved Minutes January 16, 2018 Page 16 1. WOODWAY POLICE SERVICES CONTRACT EXTENSION Police Chief Al Compaan explained the Council previously approved a one -month extension of the contract through January 31, 2018. The City Attorney and he have met with Woodway several times to negotiate and new ILA for police services and it appears more time is needed. He recommended an extension through March 31, 2018. During that extension, the fee will be increased approximately $1,000/month to $4,166 for February and March. The other terms of the agreement remain status quo. He requested Council approval of the second amendment to ILA for police services. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE ADDITIONAL TWO MONTH EXTENSION TO THE ILA AND AUTHORIZE MAYOR EARLING TO SIGN THE CONTRACT EXTENSION. MOTION CARRIED UNANIMOUSLY. 2. AUTHORIZATION FOR MAYOR TO SIGN THE SNOHOMISH COUNTY PUBLIC WORKS ASSISTANCE FUND LOAN AGREEMENT FOR DAYTON STREET PUMP STATION Public Works Director Phil Williams reported the estimated cost of this project is $2 million; $1 million from stormwater rates, this loan for $545,000 offered by Snohomish County, and hopefully a $500,000 grant from FEMA. The City is well positioned for that grant but the final decision on the grant award has been delayed. The project will be constructed in 2019 due to fish windows, etc. The terms of this loan are similar to the old Public Works Trust Fund loans, 1.5% for 20 years. Councilmember Teitzel assumed the project could not begin until the FEMA funding was available. Mr. Williams said the funds would need to be in hand before the project starts. Councilmember Teitzel expressed concern about timing, commenting there will always be disasters that FEMA is responding to. He asked how long the delay was anticipated to be. Mr. Williams answered FEMA has been swamped with hurricanes, fires, and floods recently. Since the project is projected to begin in 2019, there is time to wait and ensure the City receives the funding. If the City does not receive the funds, staff will return to Council to describe the effect that has on the project. Councilmember Tibbott asked when the funds are provided, now or when the project begins. City Engineer Rob English advised the funds are provided in three installments, 25% upon execution, 50% at award and the final 25% at the end. Councilmember Tibbott asked if Snohomish County would be agreeable to waiting until 2019 to provide the first 25%. Mr. English said that could be investigated; upon receipt of the first 25% disbursement, the City could leverage a higher interest rate on those funds than was being charged. Councilmember Tibbott asked how the first 25% disbursement would be used if the pump station project was not ready to begin. Mr. English answered it would be deposited into the account and collect interest. Council President Pro Tern Buckshnis asked the timeline for FEMA approval or if the City would be awarded the grant. Mr. Williams said that is unknown, FEMA does not even know the timing. The City has not yet been offered the funds but there have been positive interactions with FEMA about the project and the funding. He expected the grant application would be successful so it was worth waiting. Council President Pro Tern Buckshnis asked how long the City would wait. Mr. Williams answered if a decision was not announced before the 2019 construction season, staff will discuss funding for the project with Council. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AUTHORIZE THE MAYOR TO SIGN THE SNOHOMISH COUNTY PUBLIC WORKS ASSISTANCE FUND LOAN AGREEMENT FOR DAYTON STREET PUMP STATION MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes January 16, 2018 Page 17 COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM BUCKSHNIS, TO EXTEND TO 10:15 P.M. MOTION CARRIED UNANIMOUSLY. 3. AUTHORIZE MAYOR TO INCREASE THE AMOUNT FOR CONTRACT CHANGE ORDER NO.2 FOR 76TH AVE/212TH ST INTERSECTION IMPROVEMENT PROJECT City Engineer Rob English recalled a presentation to Council on December 5, 2017 requesting authorization for an additional $425,000 for the change order based on the City's records for equipment, labor and communications with the contractor regarding materials and subcontractor costs. On December 21, 2017, staff met with the contractor who provided documentation and a request for an additional $109,530. Staff is in the process of reviewing the documentation and will only pay what is verified. With regard to the conversion of overhead utilities to underground, Snohomish County PUD's original budget was $178,500; on December 21, 2017 PUD billed $206,855, a difference of $28,355 for, 1) providing temporary electrical service to Dairy Queen, and 2) wiring changes required at the pharmacy. The cost is eligible for federal grant reimbursement and the City will pay the 13.5% local match via impact fees. Following communications with Frontier, staff requests a 25% increase in the budget. Frontier's original budget was approximately $136,000; a 25% increase is $34,030. That cost is also eligible for federal reimbursement and the local match will be paid via impact fees. He reviewed: * Construction Budget Item Budget based on bid Current Bud et Construction Contract $4,435,239 $4,435,239 PUD Undergrounding $178,500 $206,855 Frontier Undergrounding $136,148 $170,185 Construction M mt $709,639 $709,639 Management Reserve $443,524 Sewer Chan e Order $534,530 Remaining M mt Reserve $18,524 Add M mt Reserve $300,000 Revised total $5,903,050 $6,374,972 * Construction Funding Funding Amount Based on Bid Available Amount Federal Grant $2,676,185 $3,020,000 State TIB Grant $1,455,524 *$1,455,524 Street Fund (Impact fees) $39,685 $280,000 Water Fund $712,904 $776,475 Stormwater Fund $0 $450,528 Sewer Fund $345,002 $718,685 Comcast & Wave $125,215 $125,215 Verdant Grant $580,000 $580,000 Total $5,934,515 $7,406,427 *TIB Grant Award - $2,245,318 Mr. English reported a sinkhole developed on the site Friday. Potholing indicates the sinkhole appears to be following the Lynnwood trunk sewer main for 200-300 feet. Investigation will continue over the next few days and could potentially result in an increase in the project cost. Public Works Director Phil Williams said it is hard to know what the problem is; staff has been in contact with Lynnwood. Although the trigger for the sinkhole is unknown, it appears the fill used in 1962 was of poor quality. Edmonds City Council Approved Minutes January 16, 2018 Page 18 Councilmember Fraley-Monillas inquired about the Verdant grant. Mr. English answered that was a grant for the Bike2Health improvements incorporated into this project. Councilmember Teitzel commented it was difficult to hear bad news. He referred to Mr. English's statement that the increases were eligible for federal reimbursement and asked about the process and whether reimbursement was certain. Mr. English answered reimbursement is certain. He referred to the list of construction funding sources, pointing out the difference between the federal grant amount based on bid and the available amount. The federal grant is a reimbursement program; funds are expended and then submitted for reimbursement. Councilmember Fraley-Monillas commented when traveling on 76t' southbound during rush hour today, the traffic flowed very smoothly. Mr. English said the signal will be activated Wednesday or Thursday which will optimize operation of the intersection. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM BUCKSHNIS, TO AUTHORIZE THE MAYOR TO SIGN THE REVISED CHANGE ORDER AND INCREASE THE BUDGET FOR THE UTILITY UNDERGROUND CONVERSION FOR SNOHOMISH COUNTY PUD AND FRONTIER COMMUNICATIONS. MOTION CARRIED UNANIMOUSLY. 9. REPORTS ON COUNCIL COMMITTEES 1. COUNCIL COMMITTEE REPORTS AND MINUTES Finance Committee Councilmember Teitzel reported the committee discussed: • Change Order No. 2 for 76th Ave/212th St Intersection Improvement Project • November 2017 Financial Report • Establishing New Funds for Edmonds Marsh, Homelessness and Opioid Response • Sno-Isle Library Revenue and Expenditure Analysis — Edmonds subsidizing system COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO EXTEND THE MEETING FOR 10 MINUTES. MOTION CARRIED UNANIMOUSLY. Parks, Planning & Public Works Committee Councilmember Tibbott reported the committee discussed: • Potential for special Parks, Planning & Public Works Committee meetings for items that take in excess of 30 minutes to discuss such as Parametrix contract. Suggest other committees consider the same practice • ILA regarding Lake Ballinger Forum Public Safety & Personnel Committee Councilmember Mesaros reported the committee discussed: • City Wellness Ordinance • Recommended approval of three position descriptions 10. MAYOR'S COMMENTS Mayor Pro Tern Council President Nelson announced the formation of a new task force to address homelessness and shelters and the appointment of Councilmembers Teitzel and Fraley-Monillas and himself to the committee. He looked forward to the task force convening. Edmonds City Council Approved Minutes January 16, 2018 Page 19 With regard to the length of committee meetings, he suggested the topic of parks be reassigned from the Parks, Planning & Public Works Committee to the Public Safety and Personnel Committee. 11. COUNCIL COMMENTS As it is still dark in the morning when students are traveling to school, Councilmember Tibbott encouraged drivers to watch for pedestrians, especially in school zones. A jogger was attacked this morning near Edmonds-Woodway High School at a time when students could be walking to school; he reminded everyone to be especially aware when traveling in the dark. Councilmember Mesaros referred to statements made during Audience Comments that were in the fake news category, including that the City and the Council were putting out fake news. He encouraged the Council and citizens to listen well and hear what people are saying and to comment on appropriate facts. Councilmember Fraley-Monillas reported she has been reappointed as Chair of the Snohomish Health District 2018; a great honor as it was rare to appoint the same chair for two years. The Health District has no plans to approve safe injection sites anywhere in their jurisdiction. She was surprised to hear from the public that the City Council was interested in approving safe injection sites and clarified the Council has not discussed it, it is not in the planning, and there are no plans to approve a safe injection site. She referred to a comment that a ban on safe injection sites needed to be approved before a new City Council came in and approved a safe injection sites, pointing out a future Council can do whatever they wish including reversing a decision made by the current Council. Councilmember Fraley-Monillas referred to comments made tonight about the need for therapy, services and treatment beds. Statistically one in ten people in the room have an addiction to heroin, opioids or other drugs. After counting the people in the room, she calculated statistically 3-4 have an addiction to drugs. She agreed addiction was rampant in society and the Council will continue to do right thing. In her personal view, the right thing was not to create safe injection sites in Edmonds; they have been proven to be costly not necessarily helpful. She pointed out the high cost of a safe injection site due to the high security and having a nurse on duty, a cost few cities are interested in bearing. She offered to talk or correspond with anyone regarding the opioid/heroin tragedy affecting Snohomish County. Councilmember Teitzel reported it has been 50 years since Martin Luther King, Jr. was assassinated; his message of trust, tolerance and trust is just as powerful today. He attended the Martin Luther King, Jr. prayer breakfast yesterday in downtown Seattle along with 650 other people including current and former elected officials such as Ron Sims, Norm Rice, Maria Cantwell and others. It was a very stirring, rousing session that reminded him of Dr. King's message regarding respect, tolerance and embracing other with different backgrounds. 12. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed, 13. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. Edmonds City Council Approved Minutes January 16, 2018 Page 20 14. ADJOURN With no further business, the Council meeting was adjound at 10:25 p.m. DAVID O. EARUNG, MAYOR PASSEY, CITY K Edmonds City Council Approved Minutes January 16, 2018 Page 21 r