20180320 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES
March 20, 2018
ELECTED OFFICIALS PRESENT
Dave Earling, Mayor
Michael Nelson, Council President
Kristiana Johnson, Councilmember
Thomas Mesaros, Councilmember
Adrienne Fraley-Monillas, Councilmember
Diane Buckshnis, Councilmember
Dave Teitzel, Councilmember
Neil Tibbott, Councilmember
ALSO PRESENT
Noal Leonetti, Student Representative
CALL TO ORDERIFLAG SALUTE
STAFF PRESENT
Al Compaan, Police Chief
Linda Coburn, Municipal Court Judge
Phil Williams, Public Works Director
Carrie Hite, Parks, Rec. & Cult. Serv. Dir.
Shane Hope, Development Services Director
Scott James, Finance Director
Steve Fisher, Recycling Coordinator
Brian Tuley, IT Manager
Carolyn LaFave, Executive Assistant
Jen Machuga, Associate 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 7:03 p.m. by Mayor Earling in the Council
Chambers, 250 5" Avenue North, Edmonds. The meeting was opened with the flag salute.
2. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present.
3. APPROVAL OF AGENDA
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO
APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY.
4. AUDIENCE COMMENTS
Natalie Shippen, Edmonds, commented it was her understanding the Council was scheduled to hear a
money -making scheme that could affect the scale of business buildings in the Edmonds bowl. Before it was
approved, she recommended two changes, 1) require the Architectural Design Board (ADB) review all
suggestions that may affect the size and/or appearance of business buildings in the bowl as the ADB, not
the Economic Development Commission, is charged with reviewing proposals that have architectural
implications, and 2) require visual evidence of the proposal's effect be include in the presentation. At one-
time artist renderings were provided; technology now exists to show exactly how a building or collection
of buildings will look from any angle. That technology could be used to warn and inform the ADB and
Edmonds residents of the consequences of deceptively simple proposals that may be proposed.
5. APPROVAL OF CONSENT AGENDA ITEMS
Edmonds City Council Approved Minutes
March 20, 2018
Page 1
COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS,
TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda
items approved are as follows:
1. COUNCIL MEETING MINUTES OF MARCH 13, 2018
2. APPROVAL OF CLAIM CHECKS, WIRE PAYMENT AND PAYROLL DIRECT
DEPOSIT
3. JANUARY 2018 MONTHLY FINANCIAL REPORT
4. CONFIRM APPOINTMENT OF LINDSEY CRAWFORD TO THE EDMONDS SISTER
CITY COMMISSION
5. WOODWAY POLICE SERVICES INTERLOCAL AGREEMENT EXTENSION
6. ORDINANCE AMENDING ECC CHAPTER 5.14
7. AUTHORIZING THE MAYOR TO EXECUTE PROPERTY USE PERMIT ADDENDUM
FOR 4TH AVENUE PARKING LOT
8. ORDINANCE AMENDING PFD CONTINGENT LOAN AGREEMENT AMENDMENT
9. POLICE DEPARTMENT SURPLUS PROPERTY
10. AUTHORIZATION FOR MAYOR TO APPROVE A STREET DEDICATION ALONG
80TH AVE W ADJACENT TO 19325 80TH AVE W
6. PRESENTATIONS
1. MUNICIPAL COURT ANNUAL REPORT
Judge Linda Coburn introduced Sharon Wittaker, Court Administrator. Judge Coburn reviewed:
• Courts are an important part of our community because:
o They protect our constitutional rights, provide access to justice, keep us safe and maintain
civility.
• 2017 investments and improvements
o Expansion of in -custody video court
o Consolidation of court forms
o Dedicated trial confirmation calendar
o Jury Management
o Infraction Payment Plan
o Traffic Infraction Deferrals
o Shredding Contract
o Consolidating infraction calendars
o Bail schedule
■ Daily judicial review of DUI and domestic violence
o Moral Reconation Therapy (MRT)
F.xnenditnres
Item
Appropriation
2017
Balance
Percent Used
Grant Total
$1,016,040
$984,203
$31,837
97%
Prof Sery (Security)
$61,000
$58,062
$2,938
95%
Prof Sery (Interpreters
$29,000
$26,405
$2,595
91%
Edmonds City Council Approved Minutes
March 20, 2018
Page 2
• Total filings 2010-2017
2010
2011
2012
2013
2014
2015
2016
2017
7,763
7,919
6,325
7,809
5,826
6,294
6,097
16,967
• Civil filings 2010-2017
2010 12011
12012
2013
2014
2015
'2016
2017
6,152 6,401
5,034
6,494
4,795
5,387
5,171
6,119
• Criminal Filings 2010-2017
2010
12011
12012
2013
2014
2015
2016
2017
1,611
1 1,518
1 1,291
1 1,315
1 1,031
907
923
1 840
• Intake
Criminal Intake
2015 Actuals
2016 Actuals
2017 Actuals
Traffic
$33,916
$35,464
$37,741
DUI
$9,914
$22,452*
$10.452
Non -Traffic
$15,87
$11,061
$11,044
TOTAL
$58,986
$68,977
$59,237
Adult Probation
Service Charge
$64,528
$66,778
$49,585
* Note: The court received a $15,000 bail forfeiture payment in 2016, a significant portion of which
was retained by the City
Infraction Intake
2015 Actuals
2016 Actuals
2017 Actuals
Non -Criminal Traffic
$296,350
$267,506
$250,162
Non -Traffic Infractions*
$1,130
$1,761
$2,544
Parkiag
$40,860
$46,129
$73,563
TOTAL
L $338,340
$315,396
$326,269
* Note: Historically the Court has inadvertently included a line item named "Non -Traffic Infraction
Penalties" in the budget reports. This line item is actually civic building code violation penalties.
The line item that is in the Court's non -traffic infractions is named "other infractions" in the
accounting system.
Other
2016
2017
Percent
Chan e
Passports
$19,384
$21,956
13%
Note: while there was some increase as expected in 2017 because of the 10-year expiration of
passports and a great number in 2007, the increase was not as significant as anticipated. This is
likely because there are now many other nearby cities that also process passports. For example,
Lake Forest Park processes passports on Saturday.
Overall Intake
Annual Intake
2016
2017
Difference
Percent
Difference
Gross Total
Net Total
$1,016,558
$973,227
-$43,331
4%
$625,250
$588,988
-36,262
-6%
Why the net increase? Fewer criminal filings; Blazina; compliance with statutory authority
Courts are not revenue centers:
o By statute, '[t]he court shall not order a defendant to pay costs unless the defendant is or will
be able to pay them.' RCW 10.01.160(3). To determine the amount and method for paying the
costs, 'the court shall take account of the financial resources of the defendant and the nature of
the burden that payment of costs will impose.'
-- State v. Blazina, 182 Wn..2d 827, 838, 344 P.3d 680, 685 (2015)
E2SHB 1783
Edmonds City Council Approved Minutes
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Page 3
o Approved by the Senate and House, Governor expected to sign
o Provides better guidance to judges regarding who qualifies as not having the ability to pay and
the court is prohibited from imposing costs.
o Removes 24% interest rate except on restitution
• Statutory Authority for municipal court
o "The legislature shall prescribe bylaw the jurisdiction and powers of any of the inferior courts
which may be established in pursuance of this constitution."
- Article IV, Section 12 of the Washington State Constitution
• Credit Cards
Annual
2015
2016
2017
Service Fee
$8,092
8,606
$9,617
Recouped Service Fee
0
$7,532
$8,996
• Pa erless Court
Court Improvement Fund Balance
Balance
End of 2016
$71,847
2017 Contribution: $16,711
$88,558
Pa erless court expenditures: $25,529
$63,029
2018 Contributions to date: $4,138
$67,167
Antici ated 2018 Pa erless Court Expenses: $48,105
1 $19,062
Note: Appropriated under Miscellaneous, but actual expenditures are posted based on type of
expenditure.
Separation of powers 4 Checks and Balances
o Legislative
o Executive
o Judicial
Courts are important part of our community, not because they are a source of revenue but because
they make a difference.
Judge Coburn relayed the experience of Shane, Edmonds Municipal Court's first MRT graduate: "I was
given the opportunity to participate in the MRT program and because of it my life is truly going in a forward
direction today... growing up in an abusive home I had these bad behaviors modeled to me and I was taught
that my feelings didn't matter and to not talk about them[,w]hich resulted in me becoming passive
aggressive. I could only hold it in so long before I would burst with anger ... My children became collateral
damage because of my inability to deal with my own life in a healthy way. So now I have to do everything
in my ability to bring healing in their lives and to stop the cycle of abuse so they don't have to make the
same mistakes... Because Edmonds gave me the opportunity to change, my life is pretty amazing today and
I am so grateful. My relationship with my children is getting better by the day. I am in my first healthy
relationship. I am truly experiencing happiness."
Councilmember Fraley-Monillas asked if there had been any surprises during the past year in the types of
crimes, particularly opioid related. Judge Coburn responded it has been a constant since she became the
Municipal Court Judge in 2015 and even before; it is an ongoing, increasing problem that is the underlying
issue for many theft and property crimes and jail cannot fix that. Experts say that being in jail simply makes
an addict want it that much more when they get out; most people require medical treatment. While there
are procedures/treatments that help and medical responses that block the desire for the drug, the availability
is very limited. People appear before her regularly who want treatment but without the availability of
treatment beds, people often cannot be directed to services when they are willing to seek treatment. She
noted people fail treatment constantly but often succeed in the future. Opioid addiction requires serious
medical intervention.
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Councilmember Fraley-Monillas asked if there have been any particular crimes due to homelessness in
Edmonds. Judge Coburn commented it is hard to say a crime is due to a person being homeless versus they
are homeless so they are dealing with finding a place sleep, stealing food and basic health needs, stealing
to sell for money for drugs, etc., and often do not remember their court date. Once they miss court, a bench
warrant is issued, they are booked into jail. Homelessness does not necessarily cause crime, but it is part of
the symptom of the issue that person is dealing with such as drug addiction and/or mental health.
Councilmember Buckshnis thanked Judge Coburn for developing a bail schedule and for doing the daily
reviews. She asked about the impacts to the court of E2SHB 1783. Judge Coburn answered she cannot
impose financial obligations on people who do not have the ability to pay. The bill speaks about costs but
there is a difference between costs and fines. The bill does not say a judge cannot impose a fine, but fines
are primarily discretionary. For the fines that are mandatory, the statute already states they are not
mandatory for those who are indigent. She anticipated there would be a decrease because the bill
definitively states if a person receives state assistance, they are considered indigent and the court is
prohibited from imposing any costs including public defender recoupment. The statue allows some
discretion regarding other ways to meet obligations such as community service. That is a hotly debated
issue among judiciary; there is disagreement regarding when it can be imposed and whether judges have
the statutory authority.
Councilmember Teitzel thanked Judge Coburn for the service she provides. He referred to her narrative that
states there were 2,113 parking infraction filings in 2017, recalling she said the average free for a parking
infraction is $40. He asked the cost to the court to hear a contested infraction. Judge Coburn responded it
was difficult to put a dollar figure on it because it included security, the clerk's time and her time. A lot of
infractions have the option to have a written hearing. The benefit to the person is they do not have to come
to court, but they cannot appeal her decision. In an in -person contested infraction, her decision can be
appealed. There has been a huge increase in written hearings which is beneficial to the court because it does
not require scheduling court time or security.
Councilmember Teitzel referred to a statement in Judge Coburn's narrative, "If the Court is not able to
obtain a certified or registered interpreter, then it may seek a qualified interpreter" and asked who
determines if an interpreter is qualified. Judge Coburn explained she qualifies them when swearing them in
by asking questions regarding their ability, education, number of time they've interpreted court before, etc.,
to make a record of their ability. The court is required to seek a certified or registered first interpreter first
and if that is not possible, the court can seek a qualified interpreter.
Councilmember Johnson recognized the number of innovative ideas Judge Coburn has implemented such
as the MRT program. She asked how many people are enrolled in the MRT program. Judge Coburn
answered there are currently six; the program is open to take out of jurisdiction people if space is available
and they pay the cost of the program. They want the program to be full because the benefit is peer to peer.
Councilmember Johnson commented it sounded like MRT was a life changer, at least for the one person
Judge Coburn highlighted. Judge Coburn acknowledged it would not work for everyone, people will fail to
complete, reoffend, etc., but it is promising, they talk to each other, and it can make a difference in a
person's life.
Councilmember Johnson recognized cost savings for shredding and more video hearings. She asked if the
video in -custody hearings were sufficient to meet the needs of the jail. Judge Coburn answered yes as long
as Superior Court does not exceed their time. Councilmember Johnson asked if a paperless court would be
completed this year. Judge Coburn answered that is the goal, but she wants to proceed cautiously to ensure
it works long term. She is also pushing hard to have a public portal for public records. Once records are
digital, the public needs to have access to the digital files. The more access that attorneys, defendants and
Edmonds City Council Approved Minutes
March 20, 2018
Page 5
the public have online, the fewer requests the court receives. Digital access is beneficial to the public as
well as improves court staff efficiency.
Councilmember Johnson expressed appreciation for her judicial review of DUI and domestic violence bail.
She observed many of the court's expenses are related to security and asked how long police have been in
the courtroom. Judge Coburn answered police are actually outside the courtroom, staffing security that
everyone passes through in order to enter the courtroom. That security has been in place since before she
was the judge. Councilmember Johnson asked if that security is provided by patrol officers. Judge Coburn
explained the court contracts with a service that provides an off -duty officer 90% of the time; a different
service that provides security is used on jury trial Fridays when there is a smaller in -custody video calendar
for a shorter period of time.
Councilmember Mesaros recognized Judge Coburn's commitment to service and reviewing bail hearings
every day.
Council President Nelson referred to Judge Coburn's narrative that states the Snohomish County is no
longer offering work release which leaves only electronic monitoring to avoid jail. He asked why that was
done and what are longer term solutions. Judge Coburn said she could not speak for the Snohomish County
Sheriff's Office who control the jail, but when that happened, several courts were very upset because judges
want to appropriately and reasonably sanction deserving defendants who have a job and allow them to keep
their job because if they are unemployed, they cannot pay their financial obligation, are statistically more
likely to reoffend, etc. When appropriate she uses electronic home monitoring but sometimes, based on the
offense, the sentence has to be jail which means that person will lose their job. She explained work release
allowed a person to go to work and return to jail after work. Work release is a valuable program and she
hopes it will be reinstated.
2. TREE BOARD PRESENTATION FOR 2017
Tree Board Chair Doug Peterson and Vice Chair Frank Caruso reviewed:
• Members
o Doug Petersen, Chair
o Frank Caruso, Vice Chair
o Steve Hatzenbeler
o Vivian Olson
o Barbara Chase
o Bill Phipps
o Gail Lovell
o Suzanne Juergensen (Alternate)
o Diane Buckshnis (City Council Liaison)
Main Mission
o The City of Edmonds Tree Board actively encourages the planting, protecting and maintaining
of trees for the long-term benefit to our community
Year in Review
o Edmonds is now in its 7th year as a Tree City USA
• Our 2nd Growth award (meaning we worked hard!)
o Earth Day - Hutt Park clean up: partnered with City Parks Dept, Earth Corp, Seaview Neighbors
and Cub Scouts
o Tree planting along Shell Creek partnering with Students Saving Salmon (two separate events)
o Trees in downtown Edmonds identified with temporary name tags
o Floretum Garden Club presentation on the importance of Tree Canopy
o Partnered with Edmonds in Bloom on their Garden Tour — 1 st time trees identified!
Edmonds City Council Approved Minutes
March 20, 2018
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o Arbor Day Planting Celebration at Hickman Park
o Saturday Market Info Booth and Tree Raffle
o Sponsor and assistance for Taming Bigfoot!
o Created a tri-fold brochure "almost ready" for publication about trees and "Before you Grab
the Chainsaw."
o Created a Tree Board logo with our main mission statement: "Right Tree, Right Place"
Photographs of work meetings, Hutt Park Ivy Pull
Tree Board Current Work
o Educational outreach - TOP PRIORITY - Our residents should understand the value of our
trees and the environmental impact trees have on our community and overall climate
o Hoping to add a Student Representative to the Tree Board
o Reviewed the survey and will provide input on the Urban Forest Management Program
o Advancing our educational message with branding by use of our logo: "Right Tree, Right
Place"
o Distributing the Tri-Fold "Before you Grab the Chain -saw"
■ Information in tri-fold brochure
- Tree benefits
- Planning for the future
- Who to contact
- Vista Pruning
- Crown Cleaning
- Alternatives to cutting down trees
- Improve tree conditions
- Crown reduction
- Crown raising
• Plans for the Year 2018
o Educate and Assist through various activities and events including:
• Earth Day event (Yost Park Clean-up)
• Summer market
• Downtown educational tree tags
• Edmonds in Bloom garden tour with tree identification (again)
■ Arbor Day Tree planting with Parks Department
At Councilmember Johnson's request, Chair Peterson recognized Tree Board Members in the audience.
Councilmember Johnson recalled Barbara Tipton presenting the concept of a Tree Board to the City Council
eight years ago. She recognized the efforts of Councilmember Buckshnis, liaison to the Tree Board.
Councilmember Buckshnis referred to the April 2018 issue of the Rotarian magazine and the Year of Tree.
She was excited to continue working with the Tree Board in the coming year; board members are very
knowledgeable and are teaching her a lot.
Councilmember Tibbott observed the Tree Board has a number of volunteer activities and asked how other
organizations could assist with those. Chair Peterson answered they could contact the Tree Board via the
City's website, the Board is always interested in volunteers. Councilmember Tibbott inquired about
upcoming events. Chair Peterson referred to items listed in their PowerPoint and said others may be
announced. The public is welcome to attend Tree Board meetings.
3. PRESENTATION OF RECENT ACTIONS & ACTIVITIES OF THE MAYORS' CLIMATE
PROTECTION COMMITTEE CPC)
Co -Chair Cynthia Pruitt reported:
Edmonds City Council Approved Minutes
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Edmonds Mayor's Climate Protection Committee formed in 2006 as a result of Edmonds signing
onto the U.S. Mayors Climate Protection Agreement
o Signed by 266 national mayors
Mission: Continue to support the Mayor's Climate Protection Committee mission.
o Encourage citizens to be a part of the solution;
o Encourage City staff and citizens to conserve current resources;
o Work with the City Council to implement ideas;
o Effectively address the future impacts of climate change.
Projects Accomplished in 2017:
o Taming Bigfoot: Established a Steering Committee in partnership with the Interfaith Climate
Action group to present a friendly community competition and educational effort by having
teams engage in carbon emission reduction activities.
o Sustainable Heroes: Recognized the Students Saving Salmon. Also revisited the underlying
criteria on eligibility for this recognition and recently send out a solicitation for nominations
from the community.
o Resolution 1389: Started the discussion on CPC's role as an advisory group as directed by
some sections of the Council resolution pertaining to greenhouse gas emission reduction and
renewable energy goals.
o Membership: Retained existing community membership, adding one additional member
during 2017 and two new members recently. The committee is served by three staff members,
a City Council representative and the Mayor.
Councilmember Buckshnis relayed the CPC meets first Thursday of every month at 8:45 a.m. She
recognized Executive Assistant Carolyn LaFave for her assistance.
Councilmember Teitzel thanked Co -Chair Pruitt and Co -Chair Steve Fisher, Recycling Coordinator for
their leadership on Taming Bigfoot, commenting he was anxious to see the data. He relayed public comment
at City Council meetings expressing concern about single use plastics in Edmonds, specifically plastic
straws and plastic eating utensils. Seattle plans to begin enforcing their ban on plastic straws and eating
utensils in July, Malibu's ban will be enforced beginning in June, Hawaii is considering a statewide ban
and Scotland is considering a countrywide ban in 2019 which indicates momentum is building. In response
to citizens' inquiries, he has been researching the issue and has begun the groundwork but needs assistance.
He asked if he could talk to the CPC at their next meeting regarding how they could partner with the Council
to move this initiative forward, specifically a ban in the near future on those products in Edmonds. Co -
Chair Pruitt said he could be on the agenda and they could discuss offline the materials that could be
provided to the CPC. Councilmember Teitzel said he would contact both Co -Chairs offline.
7. PUBLIC HEARING
1. PUBLIC HEARING FOR GUNN STREET VACATION (FILE NO. PLN20170052)
Associate Planner Jen Machuga relayed Ken Gunn has filed an application and petition to vacate that
portion of unopened right-of-way lying directly south of 10430 231" Street SW beginning at the western
boundary of that property and running east to the eastern boundary of 10410 231" Street SW. The properties
immediately adjacent to the proposed street vacation area are located within the single-family RS-8 zone
and are developed with single-family residences. There is also a private access tract to the north of the
subject right-of-way that is under common ownership by six of the adjacent property owners. The former
Woodway High School is located diagonally to the southeast of the proposed vacation area and is zoned
Open Space.
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March 20, 2018
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The City Council is required to consider street vacations in a public hearing set by resolution. The City
Council passed Resolution No. 1402 on January 23, 2018 setting the public hearing for March 20, 2018.
The application submitted by Mr. Gunn included a petition signed by seven of the nine adjacent property
owners which represented more than two-thirds of the adjacent property owners as required by ECDC
20.70.050.B. Following issuance of the staff report to the Council, staff received an updated petition from
Mr. Gunn with signatures of the two remaining adjacent property owners which was provided to the Council
yesterday. She summarized the petition now contains signatures of all the adjacent property owners
including everyone who owns the access tract adjacent to the proposed street vacation.
Ms. Machuga displayed a map identifying the location of the area proposed to be vacated, updated to
identify the location of the properties whose owners have signed the petition. She displayed a survey of the
subject right-of-way which is 20 feet wide and approximately 320 feet in length for a total area of
approximately 6,415 square feet. The right-of-way is unopened and unimproved. The entire 20-foot width
was dedicated with the Sherwood Estates plat in 1970 which would cause all the land in the right-of-way
to be dedicated to the adjacent properties to the north if the vacation is approved.
She reviewed:
ECDC 20.70.020 — Criteria for Vacation
o The vacation is in the public interest
• Removal of maintenance concerns for the City and/or liability from potential issues with
any existing or future vegetation
o No property will be denied direct access as a result of the vacation
■ No properties denied direct access as a result; all surrounding properties access from 2315�
Street SW or Little John Court
ECDC 20.70.140 — Final Decision
o Following the public hearing, the city council shall:
1. Adopt an ordinance granting the vacation; or
2. Adopt a motion denying the vacation; or
3. Adopt a resolution of intent with specific conditions that must be met within 90 days
a. Either
i. Monetary compensation up to one-half fair market value
ii. Grant of substitute public right-of-way
iii. Any combination of a.i or a.ii totaling no more than one-half fair market value
b. Or grant an easement to the City in exchange for easement vacated
Utilities and Easements
o No existing public utilities
■ No need for easements to City
o Private Edmonds School District stormwater line
■ Easement to be reserved with subject vacation
Monetary Compensation
o Appraisal based on single-family use
o Pre -vacation
■ 10410 2315t St. SW = $407,000
■ 10430 231St St. SW = $383,000
■ Access Tract = Not assessed
o Post Vacation
■ 10410 231s' St. SW = $424,600
■ 10430 231' St. SW = $423,000
• Access Tract = Not assessed
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March 20, 2018
Page 9
o Email confirmation from Snohomish County Assessor's Office confirming they are not current
assessing the private access tract adjacent to the subject right-of-way and confirming no
additional value to the access tract via vacation
o Difference in total appraised value of $57,600
o Staff recommends compensation of one-half of appraised value = $28,800
■ Consistent with past practices and requirements of the code
Ms. Machuga relayed staff's recommendation that Council adopt the resolution of intent to vacate with two
conditions as stated in the staff report, 1) payment of half the assessed value, and 2) easement to Edmonds
School District for the stormwater line.
Councilmember Fraley-Monillas observed the property owners agreed to keep the right-of-way area intact
in the event the City needed to access it. Public Works Director Phil Williams clarified the proponent the
City has been working with expressed a willingness to work with the City after the vacation if there was a
public need to install a utility, but staff does not expect that will be necessary.
Councilmember Fraley-Monillas asked if that could have a cost to the City. Mr. Williams agreed it could,
the City would no longer have any rights to the property and would need to negotiate with the new owners.
He emphasized none of the City's plans indicate a need to install any utilities in that area. Councilmember
Fraley-Monillas commented if the school district had a need, they would deal with the petitioners. Mr.
Williams agreed, explaining the property owners and the school district have 90 days to work out an
easement for the stormwater line.
Councilmember Teitzel asked if there have been any complaints from any residents in the immediate
neighborhood. Ms. Machuga answered the Planning Division received one comment letter from a neighbor
200 feet to the west expressing concern with the effect on their property. Councilmember Teitzel recalled
the resident was concerned it may increase their property value and hence their property taxes.
Councilmember Buckshnis referred to the school district's easement and asked if the Council approves the
vacation, why is the City not involved in negotiations related to the stormwater easement. Mr. Williams
answered the City will not be a party to the negotiations or a signatory to the easement that the private
property owners grant to the school district but the City is requiring the easement be reserved before the
vacation can be finalized. Councilmember Buckshnis suggested vacating everything but that easement. Mr.
Williams said the entire 20 feet will be vacated. The data on this 52-year old stormwater line indicates it
was recently located by the applicant with ground penetrating radar. He anticipated the school district would
reserve an easement for the entire 20 feet to maintain the line if necessary. It is a privately -owned line, it is
not owned by the City.
Mayor Earling opened the public hearing and the public participation of the public hearing.
Ken Gunn, Edmonds, applicant for the right-of-way vacation, said he will be paying the full cost of
vacating the right-of-way. The staff report covers all the key issues and history. He explained why he wants
to vacate the right-of-way; his parents bought the house in 1979, they have since passed away and he has
lived in the house for the past 14 years. The lot is triangular shaped and his backyard is very shallow,
approximately 25 feet deep while his neighbors' backyards are 50 feet deep. Adding the right-of-way would
extend his yard. All the adjacent property owners have signed the petition but he was aware people could
change their minds. If he encounters challenges during the process of securing the easement, he requested
an opportunity to consider a Plan B that would accommodate everyone involved. The steel line was installed
in at least 1966 which is when it showed up on the school survey, it has never been worked on and is still
active. It was never recorded on the property deed before it was Shorewood Estates, nor were any other
easements or roads. When Sherwood Estates was established, they noted the stormwater line between Lots
Edmonds City Council Approved Minutes
March 20, 2018
Page 10
13 and 14 but not the private stormwater line in the right-of-way. When the school property was transferred
from the State Department of Natural Resources to the school district, easements were noted on the
quitclaim deed but the stormwater line was not. He encouraged the Council to approve the right-of-way
vacation, recognizing he may encounter challenges with getting the easement approved.
Hearing no further comment, Mayor Earling closed the public hearing and remanded to Council for action.
Councilmember Buckshnis asked about the monetary compensation of half the difference in total appraised
value. Ms. Machuga said the code allows compensation of up to one half the value. The staff report included
a history of compensation back to 1998; the majority of street vacations paid half the appraised value. There
were 12 City -initiated street vacations in 1998 that did not require compensation; of the 11 other street
vacations, 9 were required to pay compensation, 6 of those paid '/z the assessed value and the other 3 paid
slightly less and 2 did not pay compensation, 1 of which was the right-of-way vacated for civic field.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER JOHNSON,
TO APPROVE A RESOLUTION OF THE CITY OF EDMONDS, WASHINGTON, STATING ITS
INTENT TO VACATE A PORTION OF UNOPENED RIGHT-OF-WAY ADJACENT TO THE
SOUTHERN BOUNDARIES OF 10410 AND 10430 231ST ST. SW UPON THE FULFILLMENT OF
CERTAIN CONDITIONS. MOTION CARRIED UNANIMOUSLY.
8. ACTION ITEMS
1. FAC PLAYGROUND BIDS
Parks & Recreation Director Carrie Hite explained the Frances Anderson Center playground went out to
bid in mid -January; 13 bids were received which staff reviewed based on a list of criteria in the RFP which
include best value for cost, creative design, play value, equipment quality (warranty and durability of
materials), references, and complimenting other City playgrounds. Staff narrowed the responses to five that
best fit the criteria. Large poster boards were put up at Frances Anderson Center and kids were invited to
vote for their favorite playgrounds as well as a press release and online voting. Notification of the
opportunity to vote was sent to the Edmonds Mom Facebook, posted on the City's Facebook, etc. and 1200
votes were received.
Two of the playgrounds schematics rose to the top. Comments during the process expressed interest in
equal footprints for the 2-5-year-old and 5-12-year-old play areas due to the active daycare and Montessori
programs at Frances Anderson Center as well as making the playgrounds more accessible and possibly
including a sit spinner. The two top respondents were asked to modify their proposals within the City's
budget to accommodate those requests. When the designs were returned, one vendor had included the sit
spinner and had equal footprints.
She displayed a site plan and identified the sit spinner, stand spinner, 2-5-year-old and 5-12-year-old play
areas and other components including drums and a xylophone. Staff invited the vendor to visit the site last
week and staff selected colors. She displayed a schematic of the playground layout with the selected colors,
commenting the colors blend well with the backside of the Frances Anderson Center and the new bandshell.
The design also includes 8-foot tall, 4 levels hex -nut climber that can accommodate up to 10 kids on each
level.
Ms. Hite requested the Council approve the bid for replacement of playground equipment at the Frances
Anderson Center. The 2018 budget includes $150,000 for the Frances Anderson Center Playground and it
is in the CIP for $150,000.
Edmonds City Council Approved Minutes
March 20, 2018
Page 11
COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO
APPROVE THE EXPENDITURE AND AUTHORIZE THE MAYOR TO SIGN THE CONTRACT.
Councilmember Johnson explained the Parks, Planning & Public Works Committee thought this was an
exciting project and since 1200 people participated in its selection, felt it was worthy of a short presentation
to the Council and community.
Councilmember Fraley-Monillas expressed appreciation for the merry-go-round and other areas that can be
used by kids with physical disabilities. Ms. Hite assured the entire playground is accessible; areas that
would be more difficult include the hex climber but the lower clubhouse area, musical equipment, etc. are
accessible.
Council President Nelson commented it looks fabulous and he supported the motion.
Councilmember Teitzel commented the playground looked like a lot of fun. He recalled when his daughters
were 2-years old, they were not terribly coordinated. He expressed concern with the circular elevated steps
on the 2-year old playground. Ms. Hite answered all the playground equipment and vendors are certified
for safety for that age group. She assured that 2-5-year olds have tested the equipment and it would not
have passed muster if it was not safe. She clarified those mushroom pods and are very good for 2-5 years
to learn balance.
MOTION CARRIED UNANIMOUSLY.
2. APPROVAL OF CONTRACT FOR NEW CITY TELEPHONE SYSTEM
IT Manager Brian Tuley reviewed the history of the legacy phone system:
• Mitel, purchased 12/31/05 $186,000+
o 3 controllers
■ City Hall
■ Public Safety
■ Public Works
o $11,000 annual maintenance
2014 — System Errors on PS Controller
o No calls in or out to Public Safety
■ Lockup required hard restart on PS controller
o Old System Not Supported
o July 2014, system update $10,957
• Updated controller
— So far behind, not maintainable
• Software
• Voicemail server
• Annual maintenance dropped from $11,000 to $6,100
o Used legacy chassis — meant as 36-month band aid
Mr. Tuley reviewed the new phone system:
• Selection — methodology
o Top rated vendor (Gartner Magic Quadrant)
o Cross departmental selection team
o Purchase via pre -vetted state contract
o Diagram of Gartner Magic Quadrant
• Potential new phone systems
o Cisco — requested State contract price
Edmonds City Council Approved Minutes
March 20, 2018
Page 12
o Mitel - required state contract price
o Avaya filed for bankruptcy 2017
o ShorTel acquired by Mitel 2017
o Microsoft based on Skype, and too dynamic a product
• Cost comparison of Cisco and Mitel
Network Switches
$7,000
Cisco
Ac uisition Cost
Monthly
10-year total cost
Setup/Activation
$40,000
$40,000
Hardware Maintenance Annual
$45,515
$455,150
Sft Maintenance (Annual)
41,400
$14,000
Hardware
$167,774
$167,774
Install/Training
$45,515
$45,515
Freight
$5,000
$5,000
Taxes
1 $33,878
1
1 $80,746
Total
1 $339,082
1
1 $808,185
Mitel
Acquisition Cost
Monthly
10-year total cost
Setup/Activation
$1,226
$1,226
Monthly SIP Data
$2,420
$290,400
Maintenance (36 mo)
$16,450
$54,285
Install/Training
$34,159
1 $34,159
Hardware
$132,215
$132,215
Decrease 1 x Tl
($900)
($108,000)
Taxes
$20,430
$44,876
Total
1 $204,480
$1,520
$449,161
• Cisco solution has physical hardware, uses existing telephone lines plugged into new hardware
• Mitel solution runs as virtual server on existing infrastructure and uses data lines (SIP line) instead
of T1
• Both vendors presented to staff selection team
o No appreciable difference in tool set
o Put the lower of the 2 into 2018 budget- decision package # 120 $253,000
• Final Price of Mitel system - $204,480
o Need network wiring additions
• 2016 - upgraded FAC
■ 2017 - upgraded PW Admin
■ 2017 - upgraded Park office
■ 2018 - to do City Hall ($55k - have bid)
R 2018 - to do Public Safety
2018 - to do Treatment Plant
• Timeline
o February through October
Councilmember Fraley-Monillas asked if the new phone system was included in the 2018 budget. Mr. Tuley
advised it was.
Councilmember Teitzel referred to the cost comparison, expressing shock at the difference in the
maintenance costs over 10 years, Cisco was $469,000 and Mitel was $54,000. Mr. Tuley answered the
maintenance on Cisco system is on the physical hardware; Mitel is virtual and there is no additional physical
hardware other than phones.
Edmonds City Council Approved Minutes
March 20, 2018
Page 13
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO APPROVE THE CONTRACT FOR THE NEW MITEL TELEPHONE SYSTEM.
MOTION CARRIED UNANIMOUSLY.
9. REPORTS ON COUNCIL COMMITTEES
1. COUNCIL COMMITTEE REPORTS AND MINUTES
Parks, Planniny, and Public Works Committee
Councilmember Tibbott reported on items the committee discussed:
■ Several items approved on consent
• Frances Anderson Center Playground equipment — approved on agenda
• Whether to study the EDC's proposal to change the ground floor height in BD from 15 to 12 feet
o Councilmember Fraley-Monillas suggested review by ADB
o Councilmember Johnson recommended review by HPC
o Committee agreed to have HPC review and proposal will return to City Council
• Streamline decision -making process for Public Works items that come to committee.
o Discussed dollar amounts and types of decisions
o Will be necessary with monthly committee meetings
• No idling signs on Sunset Avenue —
o Staff installed signs on east side of street today
Public Safe!y & Personnel Committee
Councilmember Mesaros reported on items the committee discussed that were approved on tonight's
Consent Agenda
• Woodway Police Service Contract extended from March 31, 2018 to April 30, 2018
o Chief Compaan and Mr. Taraday are negotiating new agreement with the Town of Woodway
• Ordinance amending ECC 5.14
o Snohomish County Prosecuting Attorney informed City they will no longer accept any case
involving simple possession of Schedule 1 drugs in quantities of less than two grams.
o Code needs to be amended to allow prosecution of such cases in Municipal Court
Police Department surplus property.
o Committee asked Compaan to research donating laptops to Edmonds School District
■ Research found school district has no need for that type of laptop
Finance Committee
Councilmember Teitzel reported the committee discussed:
• Ordinance amending PFD Contingent Loan Agreement — approved on Consent Agenda
• Short-term PFD Bridge Loan Agreement
o Short term loan that will be reimbursed by grants the PFD has secured
o Requested PFD Board approve agreement and return to Council on Consent Agenda
• Parking Lot on 4t' Avenue
o Staff asked to research increasing the lease rate
• January monthly financials — approved on Consent Agenda
• Ordinances
o Edmonds Marsh — staff researching ability to accept online contributions
o Opioid Response Fund and Homelessness Relief Fund — draft ordinances will be reviewed by
Finance Committee
• SERS radio replacement ($75 million)
o Explored possibility of increasing E911 fee but already at statutory maximum of $0.70 which
generates $7.1 million/year allocated to SNOCOM/SNOPAC
Edmonds City Council Approved Minutes
March 20, 2018
Page 14
o Remaining funding sources are sales tax or property tax, citizens have indicated property taxes
becoming onerous
• Capital Asset Policy
• Prioritized work plan for policy updates
10. MAYOR'S COMMENTS
Mayor Earling reported the Campbell home and grounds was officially added to the Edmonds Register of
Historic Places today. Assembled from a Montgomery Ward kit in 1922/1923 by the Gerdon Family, the
house was later owned by the late Betty Mueller and her husband and currently owned by Kurt and Cari
Campbell who are committed to maintaining and preserving its character.
Mayor Earling reported Top Pop is open. He stood in line the first day and met the co-owner; they are
excited to be open.
11. COUNCIL COMMENTS
Councilmember Mesaros recalled a few weeks ago a statement was made regarding the comments of Police
Chief Compaan related to the report that a student of color had been stopped and detained by Edmonds
Police for no apparent reason as he ran to soccer practice. This report was later determined to be false. Prior
to the discovery of all the facts, citizens were rightly concerned that this may have happened. He shared a
story of a doctor who rushed to the hospital answering an urgent call to save a young boy's life. The boy's
father asked him why it took him so long to arrive, didn't he know his son's life was in danger and didn't
he have any sense of responsibility? The doctor responded he came as fast as he could, urged the father to
calm down so he could do his work. The father questioned this advice, whether the doctor could calm down
if his son was in this situation. The doctor assured he would do what he could and suggested in the meantime
the father pray for his son's recovery. The surgery lasted several hours but was a success. The doctor told
the father his son would be fine and left the hospital. The father questioned the doctor's hasty departure and
a nurse told him the doctor's son had died a few days earlier in a car accident and the doctor was at his
funeral when the hospital called him.
Councilmember Mesaros suggested getting all the facts before making a judgment is an important lesson
in this story and in life. As social media sometimes does not get all facts right, people need to refrain from
making judgment. Chief Compaan's comments supported the women and men who risk their lives every
day when others were rushing to judgment without all the facts. The Chief s comments were not about
shaming anyone but about getting all the facts. Edmonds is fortunate to have police officers who serve the
City and its citizens daily and fortunate to have the leadership of the Chief and Assistant Chiefs.
Councilmember Buckshnis reported tomorrow is World Water Day and there will be a tour of the Edmonds
Marsh from 6-7 p.m. led by Susan Paine and Bill Anderson. She thanked the citizens who have already
donated to the Edmonds Marsh restoration.
Councilmember Teitzel reported tonight the Council approved a new Edmonds Sister City Commissioner,
Lindsey Crawford, who has a passion for Japan and its culture. As he listened to her interview as well as
the presentations by the Tree Board and the Climate Protection Committee, he was reminded of how his
appreciation for all the City's volunteers.
Councilmember Johnson commented she can't wait for spring. She wished Happy New Year to everyone
celebrating Nowruz, Persian New Year, which is based on the vernal equinox. Although President Trump
tweeted some negative comments, the celebration of Nowruz is 3,000 years old, predates the Islamic State
in the Middle East and is celebrated by 300 million people worldwide from the Baltic states to the Middle
East.
Edmonds City Council Approved Minutes
March 20, 2018
Page 15
12. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION
PER RCW 42.30.110(Mi
This item was not needed.
13. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETIN_ G IN
EXECUTIVE SESSION
This item was not needed.
14. ADJOURN
With no further business, the Council meeting was adjourned at 9:07 p.m.
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DA ID O. EA LING, MAYOR kdTT PASSEY, CITY CL K
Edmonds City Council Approved Minutes
March 20, 2018
Page 16