20190319 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES
March 19, 2019
ELECTED OFFICIALS PRESENT
Dave Earling, Mayor
Michael Nelson, Council President
Kristiana Johnson, Councilmember (by phone)
Thomas Mesaros, Councilmember
Adrienne Fraley-Monillas, Councilmember
Diane Buckshnis, Councilmember
Dave Teitzel, Councilmember
Neil Tibbott, Councilmember
CALL TO ORDERIFLAG SALUTE
STAFF PRESENT
Linda Coburn, Municipal Court Judge
Sharon Whittaker, Court Administrator
Phil Williams, Public Works Director
Carrie Hite, Parks, Rec. & Cult. Serv. Dir.
Shane Hope, Development Services Director
Shannon Burley, Deputy Parks Director
Jeanie McConnell, Development Program Mgr.
Rob English, City Engineer
Mike Clugston, Planner
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Jerrie Bevington, Camera Operator
Jeannie Dines, Recorder
The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council
Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute.
Mayor Earling read the following statement: The Mayor and City Council and the Diversity Commission
along with the citizens of Edmonds stand with our Muslim brothers and sisters in this time of grief and
sorrow. Hate has no place in civilized society. We mourn for the lives lost in Christchurch, New Zealand
and wish to be of service in any way possible.
2. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present. Councilmember Johnson
participated by phone.
3. APPROVAL OF AGENDA
COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO APPROVE THE AGENDA, MOVING ITEM 5.2, E. WORKS/BARKER
LANDSCAPE AMENDMENT #2, TO ACTION ITEMS AND 5.3, REPORT ON BIDS FOR THE
DAYTON STREET UTILITY REPLACEMENT PROJECT, TO STUDY ITEMS. MOTION
CARRIED UNANIMOUSLY.
4. APPROVAL OF CONSENT AGENDA ITEMS
COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
TEITZEL, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The
agenda items approved are as follows:
Edmonds City Council Approved Minutes
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Page 1
1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF MARCH 12, 2019
2. APPROVAL OF COUNCIL MEETING MINUTES OF MARCH 12, 2019
3. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS
4. CLAIM FOR DAMAGES
5. ILA VERDANT HEALTH COMMISSION
6. AUTHORIZATION FOR MAYOR TO SIGN A SUPPLEMENTAL AGREEMENT WITH
MURRAYSMITH FOR FIVE CORNERS RESERVOIR PROJECT
7. REPORT ON BIDS FOR THE 89TH PL W RETAINING WALL
8. URBAN FORESTER JOB DESCRIPTION APPROVAL
9. COUNCIL COMMITTEE MEETINGS
10. ARTS FESTIVAL AND MARKET EVENT CONTRACTS
11. CONFIRM APPOINTMENT TO ARTS COMMISSION
5. PRESENTATIONS
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO
REORDER THE AGENDA TO MOVE UP THE TREE BOARD REPORT. MOTION CARRIED
UNANIMOUSLY.
1. EDMONDS CITIZENS' TREE BOARD PRESENTATION
Tree Board Co -Chair Vivian Olson introduced the members of the Tree Board:
• Bill Phipps, Co -Chair
• Frank Caruso, Vice Chair
• Steve Hatzenbeler
• Barbara Chase
• Doug Petersen
• Gail Lovell
• Suzanne Juergensen (Alt)
• Diane Buckshnis (City Council Rep.)
• Leslie Smith (Student Rep)
Co -Chair Olson reviewed:
• 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 - 2018
o Edmonds is now in its 8th year as a Tree City USA
o Our 3rd Growth Award (meaning we worked hard!)
o Earth Day - Yost Park Ivy pull: partnered with City Parks Dept.
o Trees in downtown Edmonds identified with temporary name tags
o Partnered with Edmonds in Bloom on their Garden Tour — 2nd time trees identified
o Improved and expanded on the Tree Board website
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o Created a Trees for Small Spaces brochure and completed final draft of Before You Grab the
Chainsaw trifold brochure
o Arbor Day Planting Celebration at Meadowdale Park
o Saturday Market Info Booth and Tree Raffle
o Participated with the City on the formulation of an Urban Forest Management Plan
o Initiated coordination with the Climate Protection Committee
o Appointed a Student Representative
o Rebranded the Tree Board, including development of a new logo
Tree Board Vice Chair Frank Caruso reviewed:
Photographs of Tree Board activities
o Tree tagging
o Farmers Market booth
o Meadowdale Arbor Day event
Tree Board Current Work
o Finalize and distribute Small Trees brochure
o Continue to provide input on the Urban Forest Management Program
o Continue education and stewardship — Earth Day, Farmer's Market, Arbor Day
o Continue to partner with Students Saving Salmon
o Partner with Parks and Recreation Department on a workshop for tree choice (right tree, right
place) and tree care
Before You Grab that Chainsaw brochure
■ 2019 Plans in Summary
o Educate and assist through various activities and events including:
■ Earth Day event (City 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
■ Workshop on tree choice and maintenance
■ Working with Parks on trees recommended for street trees
Councilmember Tibbott asked how the information related to Tree City USA was collected. It was his
understanding from previous years that it was Tree Board activities as well as other City activities. Co -
Chair Olson relayed it was her understanding most of the information was collected by the Parks
Department and it was related to per capita spending on trees, tree maintenance, outreach, etc. Edmonds
achieved the Tree City USA designation again this year.
Councilmember Buckshnis commented the Tree Board is a very fun, educated group who are trying to push
right tree right place. The small tree brochure will be very helpful. She expressed her appreciation for the
Tree Board and other volunteers.
Councilmember Teitzel commented there was a hodgepodge of trees in the rights-of-way an asked what
trees did well in an urban environment, did not raise the sidewalk, etc. Co -Chair Olson said there are experts
on the Tree Board; Co -Chair Caruso and Board Members Peterson and Chase are Master Gardeners and
they are working with Parks and Public Works to update the street tree list. Co -Chair Caruso said in addition
to being a Master Gardner, he is also a plant pathologist so he is knowledgeable about tree diseases.
2. MUNICIPAL COURT ANNUAL REPORT
Judge Linda Coburn reviewed:
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Courts are an important part of our community because:
o They protect our constitutional rights and due process under the law
o They provide access to justice
o They keep us safe and help us maintain civility
o Everyone benefits from courts
New mission statement
o "Providing the community access to justice with respect and integrity."
2018 investments and improvements
o Probation
■ Moral Reconation Therapy (MRT)
- Of the 10 defendants who started in 2017:
• 5 graduated
• 4 terminated
1 still in the program
- Of the 15 who started in 2018 early enough to have completed the six month program:
6 graduated
• 0 terminated
• 8 still in the program
- Of the 11 graduates:
• 0 have had new convictions
• 0 have had new charges
Introduced Probation Officer Omar Gamez
o Pretrial services
■ Supervision before found guilty
■ Ensures community safe and avoids jail costs
■ Washington State auditor's office: "Reforming a bail practices in Washington"
- On a typical day
6,500 confined in jail statewide who have not been convicted of a crime and are in
jail awaiting trial
Almost 3/4 of those awaiting trial were charged with non-violent crimes while '/2
charged with only misdemeanors
- After analyzing the risk, auditors concluded
• 4,700 would be good candidates for pretrial services
• About 2,300 had a lower risk of reoffending and failing to appear in court; 2400
were higher risk defendants
• Pretrial services offer an effective alternative to money bail
• Edmonds Municipal Courts pretrial services
- Regular office check-in
- Monitoring abstinence
- Service or treatment referrals
- Court date reminders
■ One example
- Strict conditions and daily reporting
- Evaluation and treatment
- No new charges since being released
- Avoided more than 211 days in jail = $20,832 jail costs
Ex enditures
Year Appropriation Ex ended Balance Percent Used
2018 $1,035,031 $995,469 $39,562 96%
2017 $1,016,040 $984,203 $31,837 97%
• Filings
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Filings
2010
2011
2012
2013
2014
2015
2016
2017
2018
Total Filings
7,763
7,919
6,325
7,809
5,826
6,294
6,097
6,967
9,931
Civil Filings
6,152
6,401
5,034
6,494
4,795
5,387
5,171
6,119
8,992
Criminal Filings
1,611
1,518
1,291
1,315
1,031
907
923
840
939
o Increase in filings primarily due to:
Type 2017 2018 Difference %Chan e
DUI* 99 145 46 +46%
Parking 2,113 4,486 12,373 +112%
*Second highest number of DUI filings in the past eight years
Law enforcement staffing make big difference in DUI filings
Intake
o Criminal Intake
Criminal Intake
2015 Actual
2016 Actual
2017 Actual
2018 Actual
Traffic
$33,916
$35,464
$37,741
$36,683
DUI
$9,194
$22,452*
$10,452
$10,205
Non -Traffic
$15,876
$11,061
$11,044
$16,135
TOTAL
$58,986
$68,977
$59,237
$63,023
Adult Probation
Service Charge
$64,528
$66,778
$49,585
$55,140
*Note: The court received a $15,000 bail forfeiture payment in 2016, a significant portion of
which was retained by the City
o Infraction Intake
Infraction Intake
2015 Actual
2016 Actual
2017 Actual
2018 Actual
Non -Criminal Traffic
$296,350
$267,506
$250,162
$299,607
Non -Traffic Infractions
$1,130
$1,761
$2,544
$970
$40,860
$46,129
$73,563
$162,287
-Parking
TOTAL 1
$338,340
$315,396 1
$326,269
$462,864
* 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 the Court's non -traffic infractions, is named "
OTHER INFRACTIONS" in the accounting system
o Other Intake
Other Intake
2017
12018
1 Difference
I Percent Chan e
Passports
$21,950
1 $21,570
1 -$380
12%
Note: While there was some increase, as expected in 2017 because of the 10 -year expiration
of passports and a great number i n 2007, the increase was not as significant as anticipated.
This is likely because there are now many other nearby c ties that also process passports
o Overall Intake
Annual Intake
2017
2018
Difference
Percent Change
Gross Total
$973,227
$1,237,510
$264,283
+27%
Net Total
$589,988 1
$766,200
$176,212
+30%
• 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
o Passed and became effect June 7, 2018
o Prohibits courts from imposing conviction fees and costs on indigents
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March 19, 2019
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o Removed the 12% interest except restitution
o Courts can still impose fines on indigents
■ Statutory authority
o "The legislature shall prescribe bylaw the jurisdiction and power 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 2018
Service Fee $8,092 $8,606 1$9,617 $16,050
Recouped service fee 0 $7,532 1$8,996 $12,877*
*The increased $1 per transaction fee ( from $2 to $3) did not occur until Sept. 1, 2018
• Paperless court
Court Improvement fund Balance
Balance
End of 2017
63,029
2018 Contributions: $16,531
79,560
2018 Paperless court expenditures $18,250
61,310
2019 Contributions to date $4,061
65,371
NOTE: The original decision package for the paperless court project was $70,821. The court has
spent $43,779 thus far, leaving a balance of $27,042 the court anticipates spending in 2019
Separation of powers: Checks and balances
o Executive
o Judicial
o Legislative
Councilmember Tibbott referred to pretrial services, commenting he assumed that allowing someone to
remain employed would assist them in avoiding criminal behavior later. Judge Coburn said Edmonds books
its defendants into the Snohomish County Jail which previously had a work release program. Pretrial
services may allow a defendant to remain employed and it is in everyone's best interest for people to have
a paying job. The pretrial option allows supervision, ensuring they remain sober, as well as allows them to
go to work and come to court until their case is resolved.
Councilmember Tibbott asked how people responded to the flexibility of pretrial services. Judge Coburn
said they are very appreciative of the opportunity to be released from jail and keep their job. It does not
work for everyone, some people are released on pretrial services and if they do not report as required, a
hearing is set and if they do not show up, a warrant is issued and they will spend time in jail with a bail
amount. Pretrial services are a good option and she was hopeful it could be expanded.
Council President Fraley-Monillas commended Judge Coburn for her passion for justice. She asked if there
were any bills in the legislature this year related to the court. Judge Coburn said one of the bills is related
to a uniform payment plan. Washington does not currently have a uniform court system; they are all separate
jurisdictions and every court has its legal financial obligation and defendants must pay or be sent to a
collection agency. It is often difficult for people who make payments to various courts and unless they make
all the payments, they may not be able to get their license back. A unified payment system would also them
to make one payment which would be distributed to jurisdictions, making it easier for defendants to manage
and establish an amount and increasing the likelihood of collecting some money versus no money. There
are also bills related to Driving with License Suspended 3, one version decriminalizes it only in certain
circumstances. Similar bills have been proposed for several years. Council President Fraley-Monillas
agreed the legislature has been discussing criminal justice reform during at least the past two sessions.
Councilmember Teitzel commented in some instances community service may be deemed an appropriate
restitution for minor crimes. He asked what proportion of defendants who are sentenced to community
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service do not complete it. Judge Coburn said a significant number complete it but the alternative if they
don't depends on how it was imposed. For example if jail time was converted to community service, they
go to jail if they do not complete their community service. Councilmember Teitzel assumed it was a fairly
small percentage of defendants that do not complete community service. Mr. Gamez said most defendants
complete community service.
Councilmember Nelson asked about the concept of mobile court. Judge Coburn explained Edmonds'
courthouse is located in downtown which is great except it is not close to a major transportation hub and
there is only one bus route down Main Street. That is significant because a high percentage of those in the
criminal justice system are poor/indigent and a high percentage do not have a car or a driver's license. The
more difficult it is to get to court, the more often they miss court and the more often they miss court, the
more bench warrants are issued, the more bench warrants there are, the more people there are in jail and
the more money the City spends to keep people in jail. Some of that could have been avoided if coming to
court were easier. Another issue is the underlying issues of people involved in the criminal justice —
addiction, mental health, requirements for tests, etc. When those conditions are not followed, a review
bearing is held which requires them to come to downtown Edmonds. If they do not appear, the same cycle
occurs.
Judge Coburn explained the idea of community court is having court at least once in a while in a place that
is easily accessible to the people who are involved in the criminal justice system. Edmonds encompasses a
large area and extends beyond Hwy 9. A concept is being investigated whereby review hearings would be
held on or near Hwy 99, making it easily accessible due to the numerous bus routes on Hwy 99. Such a
location would also be closer to social service providers, substance abuse counselors, mental health
counselors, testing, other agencies, etc. If all those services were available nearby the mobile court, it is a
possibility when people come to the review hearing, all their issues could be addressed at that time and it
would advance the reason why they are on probation. She summarized the hope was mobile court would,
1) address issues, 2) reduce the likelihood of them committing new crimes, and 3) reduce the need for them
to spend time in jail. With the technology available today and efforts being tried in other jurisdictions, it is
worthwhile investigating whether it would be beneficial to the City.
Councilmember Buckshnis referred to the Judge Coburn's report and the statement, "According to the
auditor's report, if local authorities across the state released all 2,300 lower -risk defendants through pretrial
services, savings would total more than $6.1 million annually. If they also released the 2,400 higher -risk
defendants through pretrial services, taxpayers would save an additional $6.4 million annually. She
recognized Edmonds did not have a formal process but the Court currently squeezed pretrial services out
of the existing one probation officer position. She asked if another probation officer was needed to assist in
providing those services. Judge Coburn said she could always use a second probation officer. As the Court
transitions to paperless and as staffs duties change, that is the time to analyze tasks and possibly devote
more time to pretrial services. She will always do the maximum with what she has. The jail budget is not
in the Court's budget. Although she does not consider jail costs in sentencing, the reality is those are costs,
and the Court needs to be thoughtful in making decisions that are practical, beneficial and the most cost
effective.
Councilmember Mesaros commented pretrial services have economic benefits for the City as well as society
at large. Keeping someone in their job benefits that individual as well as their employer as training someone
to do their work is a cost to employer, a cost to the employee, a cost to the City which in total is a large
societal cost. Investing in more staff support for the Court could be beneficial to the City.
6. AUDIENCE COMMENTS
Kari Marino, Bellevue, representing Verizon Wireless, commented getting this right is critical for citizens
and businesses. Small wireless facilities are the basis for allowing wireless data service to expand where
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Page 7
and when it's needed. Wireless data service is the way Smartphones provides critical services such as
Goggle Maps navigation, video doorbell applications, wireless credit card payments, and personal
conveniences such as fast video downloads, medical monitoring and ready access to the internet. It is also
the foundation for 5G technology as it evolves and is deployed. She appreciated the Planning Board's
careful deliberation and clear guidance to mitigate the risk related to the hierarchy suggested for small
wireless facilities deployment locations. Small wireless facilities are generally designed to be deployed in
the right-of-way and other locations are generally not feasible. Verizon will never consider installation of
small wireless facilities on single family homes for both safety and logistical reasons. The Planning Board
brought a common sense perspective to the possible negative community reaction to new poles in residential
front yards. Staff has done extensive investigation on many aspects of small wireless facilities. Verizon is
ready to work together to finalize a code that allows a clear path forward that's FCC compliant and that
reflects the aesthetic values of Edmonds. She looked forward to collaborating on a deployment plan that
serves citizens and businesses. She was available to staff for any necessary support to ensure a mutually
beneficial outcome.
Richard Bologna, Edmonds, commented Edmonds' population is approximately 41,500 with an average
household size of 2.25, and the median annual household income is $76,000. Edmonds needs more low
income housing as evidenced by the homeless, mentally ill, drug addicts and others that can be seen on the
Hwy 99 corridor. In Edmonds, it is a supply and demand issue. Many people are moving into Snohomish
County, but the number of housing units is not increasing which has led to steep hikes in rental prices. The
rent for a 2 bedroom 1 bathroom apartment in Edmonds increased from $975/month in 2017 to
$1225/month. The solution is to increase low income housing. The cost of housing in Edmonds has
outpaced wages; to afford the rent on an average 2 bedroom apartment in Edmonds, one needs to earn at
least $29/hour. The frail, disabled, elderly, drug addicts and chronic alcoholics will never get back into or
compete in this workforce. People without housing are more likely to commit crimes, which requires the
City to invest more in the criminal justice and hospitals.
Wendy Shaw, Edmonds, read a letter sent to the Council yesterday regarding the proposed Citizen
Housing Commission that was signed by 30 residents. As residents of Edmonds we are encouraged by the
Council's current intent to create a Citizens Housing Commission as outlined in the agenda packet for the
March 19"' City Council meeting agenda packet. We request that the Council make creating this
commission one of its top priority this spring with a goal of having it in place by June. Do not delay
establishing this commission in order to capitalize on the momentum, public interest and input that has been
generated by this important citywide issue. It is clear many Edmonds residents are interested and willing to
participate in developing housing policy options for Council consideration. By including more residents in
the process, it is our hope the commission will include a comprehensive cross section of Edmonds residents
including a ratio of owners to renters which reflects the current mix in the City. Hopefully this will result
in providing the Council with realistic housing policy options that will expand the supply of housing options
while maintaining Edmonds' character and quality of life. We also encourage Council to direct the
commission to consider all the infrastructure and needed service implications of any housing policy
recommendation it creates in addition to being informed of current housing stock. We are encouraged by
the City's intent to have the commission report progress to Council quarterly and host regular public
outreach sessions. In order to broaden the pool of participants in the commission, we recommend those
selected be residents not currently serve on any City boards or commissions and have not for the last two
years. We also recommend the Council select alternates from each zone in case those selected are not able
to complete their term of service. Regarding the outstanding questions of whether to use an outside
facilitator, we recommend the Council first try to recruit a local, experienced person who is committed to
an unbiased process. We also encourage the Council and Mayor to underwrite the postcard mailer to all
households in Edmonds. The mailer should be unbiased and encourage open, thoughtful and original
responses.
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Dawn McCluskey, Edmonds, thanked the Tree Board for their presentation. In addition to new trees, she
recommended consideration be given to old growth trees in the City. She was concern with new
development where old homes are torn down and all the trees on the property, including 40-60 foot tall
trees, are leveled. A prime example is the property at 91h & Pine where the entire lot was cleared. She
assumed 4 lots planned on property at 7' & Spruce would be zero lot line and result in removal of all the
trees including at least 5 that are over 50 feet tall. She suggested the Tree Board meet with the builder
during the planning stage and request some of the trees be retained if possible.
7. ACTION ITEM
1. SEAVIEW PARK PLAYGROUND BID
Parks & Recreation Director Carrie Hite introduced Deputy Parks Director Shannon Burley, advising this
is her first project. Ms. Burley reviewed:
• Background
o Seaview Playground is 18 years old and was slated for replacement in 2019. Council adopted
the replacement of the Seaview Park playground in the 2019 CIP and authorized a budget of
$120,000
o Councilmember Nelson sought feedback on Parks and met with The Kuehn Family (Seaview
residents) about the need for inclusive playgrounds in Edmonds
o Following his research, Councilmember Nelson spearheaded a budget amendment to increase
accessibility in our playgrounds
o Council awarded this budget amendment of $200,000 to support development of inclusive
playgrounds
• Inclusive Play
o Addressing the diverse developmental needs of children in our community by ensuring children
of all abilities can interact, learn and play while nurturing physical, social -emotional, sensory,
cognitive and communicative skill development
• Process
o Parks Department toured inclusive playgrounds January 16, 2019
o Issues the RFP on 1/22/19
o Received 11 submissions for review from 6 different manufacturers
o Consulted Parks Department and two families that have children that would benefit from this
playground
■ Narrowed to 3 options
o Public vote on top 3 options
■ February 27 — March 1, 2019
■ 899 unique respondents (in person and online
■ 349 from Seaview neighborhood
■ 397 comments
• Winning Playground: AllPlay Systems
o Cozy spots
■ Offering quiet or semi -enclosed places such as the crawl tube and SpinMAX pod provide
areas where children can seek sensory relief
o Social activities
■ Encouraging cooperation, the activity panels create social dialog through fantasy play.
■ These custom inclusive play panels offer a large variety of play opportunities while
providing space for adaptive devices
o Swinging
■ The Adaptive Swing features a molded seat, high back, adjustable harness and neutral body
position
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■ The Disk Swing allows multiple users and/or care givers to have fun and develop while
body awareness
o No fault safety surface
■ Latex free, non-toxic, no loose rubber specs
■ Porous & slip resistant, seamless & ADA accessible
■ Recycled / environmentally friendly, LEED compliant
■ 6-8' fall protection based on location
■ IPEMA certified and ASTM, CPSC compliant
■ Low maintenance, proven durability
■ Synthetic rubber top, bound by polyurethane
o Climbing
■ Provides necessary development benefits such as balance, agility, upper and lower body
strength and decision making skills
■ When children climb they develop confidence ad take age appropriate risk that help build
skills to help them throughout their lives
o Swinging
■ 4 belt swings will be added near the playground to serve the older children
■ In total the park will have the following swings
— 4 belt swings
— 1 toddler bucket swing
— 1 ADA swing
— 1 multi-purpose disc swing
■ The previous design had 3 belt swings and 1 toddler swing
• Finances
o $209,908.62 for the project
o Utilizing $90,000 of the $200,000 set aside to ensure fall surface is inclusive
o Fall surface material and playground equipment cost about the same amount
o Reminder is freight, tax, demo and installation
• Additional upgrades
o Planning improvements to the path from parking to the playground
o Removal of trees that are damaging the sewer line and sidewalk. Replanting with the right trees
in the right place.
o Additional striping / marking of ADA parking spaces
o Seaview restrooms were refurbished in 2018
o Seaview tennis courts will be resurfaced in 2019
• Timeline
0 8 weeks to manufacture equipment
o Goal to install late May, prior to summer
o Request bid be moved to consent agenda at the next meeting authorizing the Mayor to sign
Council President Fraley-Monillas thanked staff for their efforts and Councilmember Nelson for his
suggestions. As a Councilmember with a child with intellectual disabilities, she noted it can be difficult
sometimes to have a child with intellectual or physical disabilities and even more challenging to normalize
their world. She asked if the cozy spot could be bigger so parents could use them. She recognized the cozy
spot would be great for those on the autism spectrum or who need relief from the noise.
Councilmember Nelson commented every child should have an opportunity to play on a playground and it
warmed his heart to see this come to life. He thanked Ms. Burley for her work.
Councilmember Tibbott commented the playground design looks like fun and he anticipated the kids would
enjoy it. He asked if the intent was to have the patterns on the surface that are shown in the illustration. Ms.
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March 19, 2019
Page 10
Burley said once the bid is approved, there will be an opportunity to look at the colors of the play structure
and the fall materials. At this point there is some natural design that includes a stream and natural colors.
Councilmember Tibbott observed the design on the surface could add to play dimension of playground and
suggested adding hopscotch or foursquare to the graphic. He summarized the playground was a good idea
and adds another dimension to play capabilities. He lives near Seaview Park and looked forward to seeing
the playground installed.
Councilmember Mesaros commented Seaview is a neighborhood park and it would be nice to see this
inclusive approach in the City's destination parks as well. He asked how destination parks could be
revamped to be inclusive and available to all residents and businesses. Ms. Hite said the Council included
$200,000 in the 2019 budget; $90,000 of that was used for Seaview, leaving $110,000. Consideration will
be given to other playgrounds as well as including an inclusive playground in Civic Park which will be a
regional destination. One playground is replaced each year; funding in the CIP can include inclusive
playground materials. Councilmember Mesaros realized it would take time to make the City's playground
inclusive but it would be nice to include it in the CIP to illustrate the progress of improving parks.
Councilmember Nelson said his intent was for this to be the start. Seaview was selected because it was the
next playground to be upgraded. As playgrounds are upgraded each year, they could include inclusive
playground materials.
COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO FORWARD THIS TO THE CONSENT AGENDA.
Councilmember Teitzel relayed the presentation is very complete, he loved the design, and the financing
package was complete. He was prepared to approve the proposal and bid as presented.
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
APPROVE THE PROPOSAL AND BID AS PRESENTED AND AUTHORIZE THE MAYOR TO
SING THE CONTRACT.
Ms. Hite thanked Council President Fraley-Monillas for allowing staff to bring this to full Council when
they missed the Council committee meeting. Staff wanted to get the order placed so it can be installed this
summer. Knowing the Council likes to have two touches before approving an item, it was planned to go to
the Consent Agenda next week.
AMENDMENT CARRIED UNANIMOUSLY.'
VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY.
2. E. WORKS/BARKER LANDSCAPE AMENDMENT #2
Parks & Recreation Director Carrie Hite explained this is an amendment to the contract for design services
for the Waterfront Redevelopment in front of the Senior Center. The City hired Barker Landscape who has
since merged with Environmental Works. The amendments change the name to Environmental
Works/Barker Landscape and add $108,000 to their contract for design of the frontage improvements and
the parking lot as approved by the Council in fall 2018. There is also an enhanced electrical design package
due to interest from Parks and the Senior Center to add lighting to the parking lot to avoid any pedestrian
safety issues in the parking lot with increased use of the Waterfront Center in the evening. There is budget
authority within the current budget for the amendment based on Council action in fall 2018 and the 2019
budget.
Edmonds City Council Approved Minutes
March 19, 2019
Page 1 l
Councilmember Teitzel clarified this proposal was decoupled from the Ebbtide walkway project. Ms. Hite
agreed it does not include funds for the Ebbtide walkway.
COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO APPROVE AMENDMENT #2 WITH ENVIRONMENTAL WORKS/BARKER
LANDSCAPE. MOTION CARRIED UNANIMOUSLY.
8. STUDY ITEMS
3. REPORT ON BIDS FOR THE DAYTON STREET UTILITY REPLACEMENT PROJECT
Public Works Director Phil Williams relayed this was intended to be an action item.
City Engineer Rob English explained this project includes rehabilitating and replacing water, sewer and
storm utilities in the corridor. The project was initiated in August 2013 when a storm event caused a great
deal of flooding downtown. That led to a study where evaluation of the storm drain system found several
sections were under capacity and in need of replacement. In addition, the water and sewer pipes were
installed in the 1920s — 1940s. That work was coupled with replacement of the storm drain to create one
utility replacement project along the Dayton Street corridor. He reviewed:
• Scope
o Replace storm and water between 3rd & 9"
■ 3800 feet water main
■ 3200 feet storm lines
o Replace sewer between 3rd & 5th.
o Rehabilitate sewer between 5th & 9th with trenchless cured -in place pipe process.
o ADA Ramps at intersections of 6th, 7th, 8th & 9th.
o Add sidewalk to the gap between 7th & 8th (450 feet)
o Reconfigure intersection of 8th & Dayton
• Bulb outs to house ADA ramps
■ Rebuild traffic circle
o Full street reconstruction between 3rd & 6th
o Pavement overlay between 6th & 9th
• Construction Schedule
o Phase 1 (2019 Spring to Fall)
■ Construction between 3rd (west of) and 5th
■ Contractor Option Cured in Place Pipe (CIPP) work east of 5th.
o Phase 2 (2020 Spring to Fall)
■ Between 5th & 9th
• Bid results
Contractor Bid Results
Amount
Shoreline Construction
$6,141,084
Karvel Construction
$7,204,417
Engineers Estimate
$6,777,231
• Construction Budget
Description
Amount
Contract Award
$6,141,084
Mana ement Reserve (15%)*
$921,200
Construction M mt, Inspection & Testing
15%) $92,200
Total
$7,983,484
*Due to age of corridor
Edmonds City Council Approved Minutes
March 19, 2019
Page 12
• Construction Funding
Funding
Amount
Water Utility Fund
$2,741,035
Storm Utility Fund
$2,734,890
Sewer Utility Fund
$3,414,805
REET*
*$160,0
TIB Complete Streets Grant**
**$250,000
Total
$9,300,730
*Street reconstruction between 5th & 6th
**The range TIB has provided forthe City's grant amount is $150,000 to $250,000. TIB is expected
to announce the final amount in late March
■ Staff recommendation
o Award a Contract to Shoreline Construction for $6,141,084
o Authorize a 15% Management Reserve of $921,200
Mr. Williams said the project will not include the following because there is no funding:
• Replace the existing sidewalks on both sides of Dayton
• Undergrounding utilities
Councilmember Buckshnis asked if the REET funds were from REET 126. Mr. English answered it would
be programmed from next year's overlay; there is $450,000 in REET 125 or $300,000 in REET 126.
Councilmember Buckshnis said it was her understanding only REET 126 could be used for streets. Mr.
English answered it could be funded from either.
Councilmember Teitzel said this project was presented to the Parks & Public Works Committee last week;
he and Councilmember Johnson had an opportunity to ask a number of technical and funding related
questions and concluded the proposal was well put together and the funding appropriate. It is a major project
so they directed it be presented to full Council. He relayed his support for the project.
Council President Fraley-Monillas asked if a 15% management reserve was typical. Mr. Williams answered
it varies depending on the scope. This project includes unbuttoning the street from 3rd to 9th; it is an old
street with a lot of old utilities and may have abandoned utilities. Potholing was done to investigate but
once the pavement is opened, some unexpected things may be discovered. He concluded the recommended
15% was reasonable. Council President Fraley-Monillas asked why the management reserve wasn't
included in the contract. Mr. Williams said the intent was not to give the money to the contractor. This was
basically the City's change purse so if unexpected costs arise, a change order can be executed and funds
are available up to the limits in the purchasing policy. Council President Fraley-Monillas summarized 15%
for this size project was normal. Mr. Williams said yes for this type of construction and the amount of
underground risk.
Councilmember Tibbott commented on the potential impact on businesses when the street is closed. He
appreciated that the construction was being phased and asked if any of the management reserve could be
used to keep access to businesses open. Mr. Williams said the intent is to have one lane of traffic open
throughout construction although there could be an occasional day when that is not possible. If there is a
need to deviate from that, the Council will be informed. They will also inform the public that businesses
are open particularly during the first phase from 3rd to 6th. Several meetings have been held with businesses
in the area to explain.
Councilmember Tibbott asked if there was any intent to add vaults to capture water and allow it to percolate
or would the water go straight into Puget Sound. Mr. Williams answered it will go the same place it goes
Edmonds City Council Approved Minutes
March 19, 2019
Page 13
now but via larger pipes and conveyance structures so it does not stay on the streets. The project does not
include any infiltration galleries in the street.
Councilmember Mesaros asked if the Council was authorizing the 15% Construction Management,
Inspection and Testing tonight. Mr. English answered it is part of the budget; awarding the contract tonight
includes construction management.
Councilmember Mesaros asked what the scope of the budget would be if sidewalks and underground wiring
were included. Mr. Williams answered it would be a very sizeable amount. Undergrounding of
approximately 100 feet on each leg of the intersection at 76"" and 212"i' 100 feet cost approximately
$750,000. Sidewalks cost at least $300/foot; the length of the project is 3,800 feet x $300 x 2.
Councilmember Mesaros summarized it would more than double the budget.
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO
APPROVE DAYTON STREET UTILITY PROJECT AS PRESENTED. MOTION CARRIED
UNANIMOUSLY.
Mayor Earling declared a brief recess. Councilmember Johnson discontinued her participation by phone.
1. PRESENTATION AND DISCUSSION ON THE PLANNING BOARD'S
RECOMMENDATION FOR THE SMALL CELL UPDATE TO THE WIRELESS
REGULATIONS IN CHAPTER 20.50 OF THE EDMONDS COMMUNITY
DEVELOPMENT CODE
Planner Mike Clugston reviewed:
Project timeline:
o January 15"h — Council introduction
o February 12t" — Public hearing, approved interim ordinance
o February 13" — Planning Board reviewed interim ordinance
o February 27"' — Public hearing at Planning Board, forwarded recommendation to Council
o March 19t'— Council discussion of Planning Board recommendation
o March 26" — Council public hearing on updated regulations
o April 2nd — Updated ordinance on Consent for approval or sooner: Hearing before City Council
o April 14" — Local jurisdictions to have small cell aesthetic rules in place
Small Cell is ... Antennas, Equipment & Support Structure
o What?
■ Height — 50 ft +/-
■ Each antenna — 3 ft3 max
■ Equipment — 28 ft3 max
■ 4G now, 5G in future
o Why, Where, How?
■ Off load macro service (capacity) & provide new coverage in some areas
■ Need to provide siting options across the City
■ Minimize visual impact
Appearance (camouflage, concealment)
Location (ROW, zoned)
How to do Small Cell in Edmonds...?
o Residential Areas with underground utilities
o Commercial areas with underground utilities
o Areas with existing air space clutter
Interim Ordinance Location Priorities (Ord. 4141, February 12, 2019)
Locate Outside the Right -of -Way
Edmonds City Council Approved Minutes
March 19, 2019
Page 14
1. Existing building
2. New Freestanding Small Cell Pole (not on BD-zoned property)
Locate Within the Right-of-Way
3. Existing or replaced Street Light Pole or Utility Pole (hollow poles)
4. New Freestanding Small Cell Pole or Street Light
5. Existing PUD Power Pole (installation on top of pole)
6. Existing PUD Power Pole (installation in communication space)
7. Strand-mounted (installation in communication space)
Staff Recommendation at Planning Board (February 27, 2019)
Locate Outside the Right-of-Way
1. &iisting building (eptienal) —locations are generally not technologically feasible
2. New Freestanding Small Cell Pole (not on BD-zoned property)
Locate Within the Right-of-Way
3. Existing or replaced Street Light Pole or Utility Pole (hollow poles)
4. New Freestanding Small Cell Pole or Street Light
5. Existing PUD Power Pole (installation on top of pole)
6. Existing PUD Power Pole (installation in communication space)
7. Strand-mounted (installation in communication space)
Planning Board Recommendation (February 27, 2019)
Locate Outside the Right-of-Way Q .Ronal
2. �jew Frees4anding Small Cell Pole (met an BD zoned propei:ty
Locate Within the Right-of-Wax
3. Existing or replaced Street Light Pole or Utility Pole (hollow poles)
5. Existing PUD Power Pole (installation on top of pole)
4. New Freestanding Small Cell Pole or Street Light
6. Existing PUD Power Pole (installation in communication space)
7. Strand-mounted (installation in communication space)
Planning Board Recommendation — February 27, 2019
o Locate small cell on zoned properties as an optional choice
o Install antennas on top of wood poles prior to installing new freestanding small cell poles
o Incorporate a public notification process if possible
o Incorporate additional discretion for Director to approve innovative solutions of a similar scale
and character
• Public Input Received
o Two 5G -health comments at Planning Board public hearing
o No studies have been done by FCC or other agencies on 5G -health
o City of Portland passed resolution on March 13, 2019 asking FCC to consider 5G -health
impacts
o Existing FCC guidance applies and prohibits jurisdictions from regulating based on health if
wireless providers comply with the guidance — staff verifies compliance during permit review
• New Information from Wireless Providers and Concealment Vendors
o Preferred small cell height is 20' - 40'
o Locating on SF residential structures is technologically impractical
o Small cell on zoned property can be effective where buildings are close to ROW
o Technology exists and/or is being developed to fully conceal 4G and 5G small cell installations
(multiple providers and technologies in one structure)
Development Program Manager Jeanie McConnell explained in addition to meeting with wireless providers
and concealment vendors, staff also met with PUD. The preferred location for wireless vendors is to locate
Edmonds City Council Approved Minutes
March 19, 2019
Page 15
on existing PUD poles. PUD has received applications and has developed policies. Ms. McConnell
reviewed:
• New information from PUD
o Currently allow only one wireless provider to attach to a wood utility pole
o Many wood poles in Edmonds are `full' and prevent installation of a wireless facility
o Replacement of a wood pole with a new hollow pole (allowing for full concealment) could
open up opportunities for small cell installations
o Only qualified PUD line workers can perform work in supply space
o PUD work on poles requires de-energization of cell equipment
o Power shut down required for some work on cell facilities
o PUD Engineering working on street light/small cell design
• Wood Pole Replacement Option
o Photograph - existing wood pole on Main Street
o Photo simulation - Replacement with Steel pole (photo simulation)
• Wood Power Pole vs Hollow Power Pole
o Photograph - Small cell on wood power pole
o Photo simulation - Small cell within a hollow power pole
■ Light Pole - Full Concealed
o Photograph of small cell fully enclosed in a street light pole (Market Street in Kirkland)
o Photograph of standard light pole (no small cell)
• Camouflage on Existing Wood Utility Pole
o Photographs of existing site and proposed site
o Antennas visible on pole, conduit running up the side, equipment box on exterior
o Painted brown to match wood pole
• Small Cell Facility Options
1. Hollow Power Pole - full concealment
2. Freestanding Small cell - full concealment
3. Wood Power Pole - installation on top of pole
4. Wood Power Pole - installation in communication space
5. Stand Mount - attachment to wires
Mr. Clugston reviewed:
• Next Steps
o Council to provide guidance on Location Priorities
■ Follow Planning Board guidance?
- Remove Zoned Properties from the priority list and establish as Optional Only?
- Swap #4 (freestanding small cell) and #5 (install on top of PUD wood power pole)?
• Provide new ranking for location priorities?
o Staff to update Interim Ordinance 4141 based on Council guidance
o Council Public Hearing on March 26
o Local Jurisdictions to have aesthetic regulations in place by April 14, 2019
City Attorney Jeff Taraday emphasized the Council giving direction regarding their aesthetic preferences
does not mean they are a fan of small cell. Councilmembers can be concerned about certain aspects of small
cell, but an aesthetic choice needs to be made tonight. If the Council does not make the aesthetic choice, it
will be made by the industry. The Council can give staff direction for drafting an ordinance the Council is
comfortable with aesthetically; absent an ordinance, the industry will decide what the City looks like with
regard to small cell.
Councilmember Nelson referred to the FCC's aesthetic requirements: reasonable, no more burdensome than
those applied to other types of infrastructure deployments, and published in advance. With that in mind, the
Edmonds City Council Approved Minutes
March 19, 2019
Page 16
options are not as crucial compared to how many small cell facilities there will be and how big they will
be. He referred to page 35 of the interim ordinance, Location Preference #2, Dimensional Requirements, a)
a free-standing small cell may not exceed 30 feet in height from the top of foundation to top of the cantenna.
The presentation indicated the preferred height was 20-40 feet. He asked if 30 feet was selected as an
average. Mr. Clugston agreed it was at that time. Councilmember Nelson said if the industry's preferred
height is 20-40 feet, he recommended 20 feet.
Councilmember Nelson referred to placement requirements. Freestanding small cells shall be located as
follows: Item I states no two freestanding small cell poles may be located within 300 lineal feet of each
other as measured along the right-of-way line. He asked how that differed from the City of Denver that has
a radius requirement versus the proposed lineal requirement. If two streets were parallel or crossing each
other, he asked if there was a possibility they would be within 300 feet of each other. Mr. Taraday explained
that placement requirement was drafted that way because it was staffs understanding small cell signals are
weak enough they will not wrap around corners. To the extent a provider is trying to provide coverage
within a right-of-way corridor, the relevant spacing is within that corridor. Whether it was possible at an
intersection that one pole would go one way and another the other way, he agreed that was true and staff
could tweak that in the code. Councilmember Nelson relayed Denver has a 250 foot radius requirement.
Councilmember Nelson hoped in exchange for the use of the public right-of-way, the City was considering
negotiating free or discounted service for schools, library, the ECA and other public entities that benefit the
community.
Councilmember Buckshnis preferred the free-standing small cell full concealment because it looks better.
She recalled an issue with the master service agreement that allowed only one wireless provider per pole.
She asked if it had been determined that all wireless providers could be located in one hollow pole. Mr.
Clugston said in speaking with concealment providers, multiple providers can fit in some of concealment
solutions and multiple 4G and 5G technology.
Councilmember Buckshnis recalled Verizon stated they would not share their siting information. She asked
if master agreements and mapping would be provided by all providers in order to determine how many
poles will be deployed. She anticipated it would be more than 1,000. Mr. Taraday said no applications have
been submitted and none of the three carriers have asked for a master use permit for the entire City; he
suspected they were waiting until the ordinance is final. With regard to the number of poles, it depends on
the timeline. In 50 years, the number could be huge.
Councilmember Buckshnis said the current timeline is the next 3-5 years. Mr. Taraday said there was not a
good way to estimate the number poles but no applications have been submitted. He approached this from
the assumption that someday there would be small cell facilities on every block; 5G technology will be
used to power self -driving cars; that will not work unless the service is everywhere. He said it should be
assumed at some point they will be everywhere.
Councilmember Buckshnis asked why rooftop pods or cupolas or wall mounted galleries have not been
considered, noting the discussion has primarily been about hollow poles other than building near the post
office with multiple antennas. Mr. Clugston agreed the Harbor Building was not a good look. The Planning
Board's recommendation is to remove zoned property from the first choice, but it is still an option. Where
buildings are close to the right-of-way, mounting antennas close to the roof edge or the side of building
may be option in some areas.
Councilmember Buckshnis asked if the reason the Planning Board recommended removing locations
outside of the right-of-way was because wireless providers would have to pay a fee to the property owner.
Mr. Taraday said the pole owner will still be able to charge a modest fee. With regard to eliminating the
Edmonds City Council Approved Minutes
March 19, 2019
Page 17
on -the -building option, the City hired its own RF engineer and learned that because of the way antennas
transmit, if an antenna is mounted on a building, the residents of the building would not benefit from the
signal. The assumption in the interim ordinance was property owners may be interested in hosting an
antenna to have better access/coverage. That still could be true with the free standing pole in a front yard
but the more staff talked to the RF engineer, they realized the people inside the building where an antenna
is mounted will not benefit from it and the amount of money they can charge is probably very insignificant.
Councilmember Buckshnis asked who will pay for the pole, whether it would be PUD and passed on to the
ratepayer. Mr. Taraday said that is between PUD and the carriers to figure out but it won't be the City.
Council President Fraley-Monillas asked for clarification why the Planning Board recommended removing
locating on an existing building on private property. Mr. Clugston said staff learned from the City's wireless
consultant that that was not feasible given the technology and strength of wireless signal in areas where
there are setbacks. Where buildings are closer to the right-of-way, that could still be an option.
Council President Fraley-Monillas relayed questions at the Planning Board such as what happened if there
was an antenna on a building and the property was sold. She summarized not all the answers are available.
Mr. Clugston agreed not all the questions have been answered, but with the information available, having
zoned property as an option would work in some instances but would not be appropriate for all. That was
why the Planning Board moved it out of the "required to look at places." The Planning Board's focus was
on solutions within the right-of-way. Council President Fraley-Monillas preferred carriers be required to
first look at private property. She agreed in many instances, that would not be an option. If she had to choose
between the freestanding small cell facility options, she preferred 1 and 3. She found it presumptuous of
the Planning Board to assume the facilities would be located in the public right-of-way considering there
could be thousands of poles.
Councilmember Teitzel said as an elected official, one of his primary responsibilities was the safety and
well-being of his constituents in Edmonds. That is not necessarily the FCC's responsibility; they regulate
communication technologies.. He asked the legal effects of the resolution that Portland passed regarding
the potential health effects of small cell and whether Portland halted any deployments until that was
resolved. Mr. Taraday explained Portland's resolution (8.1.k in the Council packet) is basically asking the
FCC to update studies on potential health concerns arising from RF wireless emissions and to make their
findings publicly available and to send the resolution Oregon's congressional delegation. Edmonds could
adopt a similar resolution. There is nothing illegal about the resolution but it does not change the way small
cell is regulated. It would just express concern about the health impacts and ask the FCC to pay attention
and study it further.
Councilmember Teitzel summarized Portland's resolution had no immediate effect relative to the April
deadline to enact code changes. Mr. Taraday agreed it did not. Councilmember Teitzel asked if any other
cities in Washington had raised the same health issue. Mr. Taraday said a number of cities in the United
States have sued the FCC to challenge the order; some of those petitions raised health as basis for the
concern. That lawsuit is pending in the 9t" Circuit. There is some potential the court could order some relief.
He was uncertain if any other Washington cities had adopted a resolution similar to Portland's.
Hypothetically if the FCC paid attention to Portland's resolution and commissioned a study that determined
5G technology has a human health risk, Councilmember Teitzel asked if the FCC would halt further
deployments or reverse those that had been installed. Mr. Taraday said what the FCC would do with that
type of information would be speculation. He would like to think they would act responsibly and regulate
in a way that's appropriate given whatever the health impact might be because they are statutorily charged
with protecting the public from RF emission, but it does not appear they are that concerned about public
interest.
Edmonds City Council Approved Minutes
March 19, 2019
Page 18
Councilmember Teitzel was interested in at least making an attempt to raise that issue and get on record
that Edmonds has a concern.
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
DEVELOP A RESOLUTION SIMILAR TO PORTLAND'S EXPRESSING EDMONDS' CONCERN
WITH HEALTH EFFECTS OF 5G WIRELESS AND ASK THE FCC TO COMMISSION STUDIES
TO DETERMINE WHETHER OR NOT THERE IS HARM. MOTION CARRIED UNANIMOUSLY.
Councilmember Mesaros asked how many existing power and street light poles there were in the City.
Public Works Director Phil Williams said there are approximately 6,000 poles. Councilmember Mesaros
asked how many existing cell towers there are. Mr. Clugston said there are 24 cell sites. Councilmember
Mesaros referred to the freestanding small cell facility options, commenting there was one that looked like
#2 in his neighborhood in Arizona. Scottsdale will be one of the pioneer cities for 5G for Verizon; option
2 is the primary one they use. His neighborhood in Scottsdale is newer and has underground wiring and the
only poles are street lights which makes it easier to erect freestanding small cell poles because there is not
the clutter of utility poles. He preferred options 1 and 2. Although many are interested in undergrounding
utilities, the cost is prohibitive.
With regard to Councilmember Nelson's suggestion to limit poles to 20 feet, Councilmember Mesaros
preferred the flexibility of 20-25 feet. In a particular location with an obstructive view, 25 feet may be the
appropriate height. Mr. Taraday assumed the height limit was related to free standing small cell poles.
Councilmember Mesaros agreed. Mr. Taraday said part of the thinking of the 20-40 foot height limit was a
pole at 30 feet would likely be tall enough to contain two carriers. When carriers share poles, they share it
vertically; the taller a pole is, the more carriers can share one pole. A 20 -foot pole would likely be a one
carrier pole. He was not certain how tall a pole for two or three carriers would need to be but there is a
relationship between height and the potential to share.
Councilmember Mesaros summarized the shorter the pole, the more poles there would be. Mr. Taraday said
that would be his assumption. Councilmember Mesaros asked if there was a way to get that data in order to
make a good choice about pole height. Mr. Taraday said the more carriers that locate in one pole, the wider
the pole also needs to be. Councilmember Mesaros asked if was two inches or two feet wider. Mr. Clugston
did not know. He pointed out the FCC has said small cell could be up to 50 feet.
Councilmember Mesaros asked the typical height of a utility pole in Edmonds. Ms. McConnell said an
average of 45 feet. Councilmember Mesaros asked the approximate height of the poles in option 1 and 2.
Ms. McConnell said while graphically they look about the same height, option 1, the hollow power pole, is
approximately 40-45 and the free standing small cell is approximately 25-30 feet. Councilmember Mesaros
observed the freestanding small cell is being used as a street light as well as a utility pole and the light
shouldn't be at 20 feet. He summarized there are too many unknowns.
Councilmember Tibbott said he and Councilmember Teitzel took a field trip to Seattle to look at
installations and found it very instructive to see how they are set up. Of the three sites they visited, two had
new poles, in one case there was a new pole next to an existing pole and both were full of utility equipment.
One of the conclusions he reached was whenever utility companies are putting up new poles, the City should
require it be a hollow pole. He liked the order of the poles on the small cell facilities options slide. The
illustration with a cantenna on the top is better than what they saw in Seattle which looked more like option
4. He was not certain what language to include in the ordinance to require a hollow pole when a pole is
replaced.
Councilmember Tibbott relayed he also noticed 3-5 different strands of conduit on a single pole such as is
illustrated on option 3 and actually option 3 is a minimalistic compared to what they saw in Seattle. He
Edmonds City Council Approved Minutes
March 19, 2019
Page 19
summarized if there was conduit, he preferred it be in one bunch versus individual strands. Councilmember
Tibbott asked if the five photos on the Small Cell Facility Options page was the proposed order in the
ordinance. Ms. McConnell answered yes, and those are focused on installations within the right-of-way and
as recommended by Planning Board locations outside the right-of-way would only be an option. Mr.
Taraday said staff's current recommendation is the order shown on the Small Cell Facility Options page in
the presentation. The order in the Planning Board's recommendation, 1, 3, 2, 4, 5, is slightly different.
Councilmember Tibbott said option 2 could potentially be on private property. He noted there are examples
in the Pt. Edwards neighborhood where there are free standing poles and underground utilities. With regard
to the Sternberg lighting on Main Street, Councilmember Tibbott was adamantly opposed to adding
anything to those whether it was a cantenna on top or a box the outside. He did not see that restriction in
the ordinance. The exception would be if all the Sternberg were replaced with a new standard that facilitated
5G installations and all were identical.
Councilmember Teitzel referred to option 2 and asked if that was for a single small cell carrier. Ms.
McConnel assumed the graphic was only one but that did not mean a freestanding small cell would be
limited to one carrier. Councilmember Teitzel asked how it would look if two other carriers wanted to share
that freestanding small cell, whether there would be boxes on the pole. Ms. McConnel said the intent for a
free standing small cell, whether one carrier or multiple, would be concealment within pole.
Councilmember Teitzel asked how the cantenna worked with more than one carrier using the freestanding
pole. Ms. McConnell said vertical height is critical to allow stacking of multiple antennas on top.
Councilmember Teitzel asked where the small cell equipment box was in option 2, noting he and
Councilmember Tibbott saw rectangular small cell equipment boxes approximately 1'/2x 3 feet on the poles
in Seattle. Ms. McConnell did not know where it was located in that graphic; that is an image found on the
web. It was her understanding freestanding small cells can be designed to house the equipment on the
interior of the pole.
Councilmember Nelson was reminded of a Donald Rumsfeld press briefing where he talked about known
unknowns. He noted there was nothing in the materials about fees and he hoped there would be a cost study
that included the City's costs for reviewing applications, field inspections, installations, repair,
administration, public notification, etc. especially when there was a very limited timeframe to comply and
it was unknown/unclear how many applications there would be and whether the City would need to hire
additional staff. He said Denver's guidelines were very helpful in that they included a lot of visual
explanations versus Edmonds' written explanation in the ordinance. He suggested having more visuals so
it is clear what the City's wants esthetically.
Council President Fraley-Monillas summarized there did not seem to be resolution among Councilmembers
and there were still a lot of questions. She asked what staff planned to return with next week. Mr. Clugston
said staff will try to incorporate the guidance Council provided into an updated ordinance for public hearing
next week. Mr. Taraday invited the Council to make motions to clarify the drafting of an ordinance, noting
the Planning Board's recommendation is different than the Small Cell Facility Options slide. His request
for a motion was not to bind the Council to ultimately adopt that ordinance but to provide staff some
direction regarding drafting the ordinance.
Council President Fraley-Monillas suggested staff return with answers to the Council's questions next week
and the Council could make motions then. Mr. Taraday said there are several questions staff is unable to
answer, such as how many poles there will be. With regard to aesthetics, the Council can choose the ranking
on the Small Cell Facility Options page or the Planning Board ranking. What staff learned from the
concealment vendor is that most of the facilities will be designed to the City's standards not vice versa;
there is not a pole manufacture that has just what the City is looking for. The City is giving the providers
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March 19, 2019
Page 20
an idea of what they want to see and they will design a pole that works for that. For example, the wood
replacement pole in option 1 does not exist now but can be designed and manufactured. He summarized it
is a complex ordnance and needs to be adopted by April 2°d to have any validity. He was not happy to put
the Council in this position but it is the FCC's order. He wanted to put the City in a position to actually
regulate small cell instead of allowing small cell to regulate itself.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS,
TO ACCEPT STAFF RECOMMENDATION AS OUTLINED ON THIS PAGE (SMALL CELL
FACILITY OPTIONS) FOR THE AESTHETIC ELEMENT IN THE CURRENT ORDINANCE.
Council President Fraley-Monillas asked for clarification. Councilmember Buckshnis said there are so
many unknowns but she wanted the best aesthetics for the City and felt the order on the Small Cell Facility
Option page was better than the Planning Board's recommendation.
MOTION CARRIED UNANIMOUSLY.
COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS,
THAT FOR FREE STANDING SINGLE CELL TOWERS WHICH MAY HAVE MULTIPLE
ANTENNAS (FREESTANDING MEANS DO NOT HAVE STREET LIGHTS AND ARE NOT
UTILITY POLES) BE LIMITED IN HEIGHT FROM 20 TO 25 FEET UNTIL MORE SPECIFIC
INFORMATION IS AVAILABLE ABOUT MULTIPLE TOWERS. MOTION CARRIED
UNANIMOUSLY.
COUNCIL PRESIDENT FRALEY-MONILLAS MOVED TO INCLUDE IN THE ORDINANCE
THAT PROVIDERS LOOK AT USING PRIVATE PROPERTY AND IF THAT IS NOT
WORKABLE, GO TO PUBLIC RIGHT-OF-WAY. MOTION DIED FOR LACK OF A SECOND.
2. AFFORDABLE HOUSING: ESTABLISHMENT OF A CITIZENS' HOUSING
COMMISSION
Councilmember Teitzel asked whether the formation of a Citizens Housing Commission should be done
via ordinance or resolution, noting the intent is for a temporary commission that has a sunset date. It was
drafted as a resolution but he was open to an ordinance if that was preferable. Development Services
Director Shane Hope said either an ordinance or resolution was workable given that it is intended to be a
short term commission. The advantage of an ordinance is it is codified; the advantage of a resolution is it
provides more flexibility. Councilmember Teitzel asked if there was any legal reason for an ordinance to
establish the commission. Mr. Taraday did not think so; it has been the City's norm, but this could be
distinguished on the basis of it being temporary.
Councilmember Teitzel read the following statement:
"Council has heard significant input from our constituents over the past year—in town halls, workshops,
public hearings, task force working sessions and via a mail and telephone calls—that the process for
establishing an expanded array of housing options should include direct public input from across Edmonds.
Our citizens have demanded to be directly involved in city decisions regarding how best to reasonably
accommodate expected growth while preserving the charm and character of Edmonds. Three recurring
themes have been clearly heard: 1) a Citizens' Housing Commission should be formed via an application
process to allow interested citizens an opportunity to participate, 2) enough time should be allowed for the
Commission to thoughtfully work through the process of developing housing policy recommendations for
Council to consider (completing this process by the end of 2019 is not viewed as attainable) and 3) the
Commission should consist of resident representatives from across Edmonds and that residents of the
Edmonds Bowl should not be over -represented.
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March 19, 2019
Page 21
On February 19, Council considered a proposed process to establish a Citizens' Housing Commission to
address these three themes. Based on input from Council on February 19, subsequent individual input from
Councilmembers and additional input from citizens, the process to establish the Commission has been
further refined for discussion and action this evening.
Tonight, we have the opportunity to demonstrate we have incorporated public input concerning this issue
in a meaningful way as we consider finalizing the process for establishing the new Citizens' Housing
Commission. We have several things to accomplish this evening:
First, we need to reach agreement on the elements of the resolution that will define the process for
establishment of the Commission. These elements are shown at page 727 of our Council packet, and reflect
Council input from the February 19 Council meeting. For instance, instead of one Commissioner being
selected from each of the seven identified Edmonds zones, that number has been increased to two. Once
Council votes to approve these elements, they will be forwarded to our city attorney to draft a resolution
for final Council approval.
Second, we need to reach agreement on the questions to be asked Commission applicants. Five of the
application questions are standard questions asked of applicants for any Edmonds Commission, and two
additional questions have been added that relate specifically to the Housing Commission. Based on Council
input in the February 19 meeting, the additional questions initially proposed were pared back to these two.
Third, Council should reach agreement regarding issuing a post card mailer to all Edmonds households to
alert them to the Citizens' Housing Commission application process and deadlines. This process is intended
to ensure all Edmonds citizens are made aware of the opportunity to apply for this important role. The cost
of this mailer is anticipated to be less than $10,000 and will be paid from available Council contingency
funds.
Finally, Council should reach agreement to investigate retaining the services of a community engagement
and process facilitator to assist the Commission with ensuring the community is kept fully apprised of the
Commission's progress, with providing ample opportunity for direct public input, facilitating public open
houses about this issue and to guide the Commission's efforts around development of housing policy
options for Council consideration. With Council approval, requests for bids by interested and qualified
parties will be issued.
With that background, I ask the Council to take action on each of these items in order, beginning with the
first item: discussion and finalization of the elements of the Citizens' Housing Commission resolution."
Council President Fraley-Monillas said she had a number of revisions. First, she requested "affordable
housing" be removed from the title as the intent was all housing to include low income housing, veterans
housing, disabled housing, and at -market housing. Councilmember Teitzel said the intent of the commission
was to focus on housing options across the spectrum in Edmonds and he preferred not to get into specifics
in the title and simply call it the Citizens Housing Commission.
Councilmember Buckshnis was satisfied with the document, felt a Citizens Housing Commission was
needed, and people are motivated. She liked the mission statement which does not even mention affordable
housing, she was satisfied with the objectives, with adding the two questions to the application (how long
have you lived in Edmonds and do you rent or own your home), agreed with doing a postcard, and suggested
wait until the commission is established and gelled before determining whether a facilitator is needed.
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO
EXTEND THE MEETING UNTIL 10:30 P.M. MOTION CARRIED UNANIMOUSLY.
Councilmember Mesaros referred to the suggestion during Audience Comments to appoint alternates and
suggested having one alternate for each zone to replace a commissioner unable to attend a meeting. Most
commissions with alternates expect them to attend meetings so they are up-to-date on discussions. He
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March 19, 2019
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suggested each Councilmember appoint two members and one alternate from their zone The Mayor would
appoint one member and an alternate.
Council President Fraley-Monillas identified several amendments:
• Remove "affordable housing" from the title
• First paragraph, "Increase the supply of 64fdable housing to meet a diverse housing need
• Bullet 4, rather than state the commission will meet the third Thursday of each month, state the
commission will meet once per month and leave the meeting date up to the commission
• Add "are you a landlord in Edmonds" to the information requested from applicants
Council President Fraley-Monillas suggested public outreach sessions be held in each zone. She asked the
cost of sending a postcard and for a facilitator. Development Services Director Shane Hope said the cost of
sending a postcard to every address in the City is about $10,000. The cost of a facilitator depends on how
much work they do, the community engagement process, etc. so it could range from $30,000 to $100,000.
Councilmember Tibbott said theoretically an RFQ for a facilitator could attract someone from Edmonds
who might choose to volunteer their time and the cost would be their expenses for conducting meetings.
Ms. Hope assumed the Council was interested in a facilitator as well as a community engagement specialist
who would work on web information and a variety of technical things in addition to setting up meetings,
coordinating with staff on data collection, public outreach, etc.
Councilmember Tibbott asked if there could be a separate facilitator and a public engagement person. Ms.
Hope answered yes, they could be separate although they would need to coordinate. Councilmember
Tibbott anticipated the public engagement process could be much shorter than the duration of the
commission. He recommended separating those two roles and having a facilitator from the beginning to
assist with formulating a work plan. He agreed with appointing alternates and recommended they receive
meeting materials but not be seated at the table with commissioners.
With regard to meeting on the third Thursday, it was Councilmember Tibbott's understanding City meeting
rooms are full most nights and space was available on the third Thursday. Ms. Hope suggested the meeting
date did not need to be included in the resolution but the notification could state the third Thursday would
be the likely meeting date. Councilmember Tibbott asked who would assign Councilmembers to zones.
Council President Fraley-Monillas said she will make those assignments.
Councilmember Nelson was interested in having someone help with community engagement but did not
see a facilitator as a value -add, commenting the commissioners will be able to proceed with Council
direction. With regard to appointing alternates, he was skeptical about having 21 people at every meeting
and suggested having a couple of alternates at large who can fill in as needed.
Councilmember Mesaros commented on the importance of having a facilitator. He recalled during the
merger of the two 911 boards, they tried to do it without a facilitator. Multiple meetings were held where
there was a lot of discussion but they were unable to reach resolution. Once a facilitator was hired, the
group was able to make decisions. A facilitator need not offer recommendations but helps the group move
forward. The Snohomish County 911 Board has 15 members and 30 alternates (1" and 2°d alternates). The
alternates sit on the outside and do not participate in discussion unless called upon. Only the board members
participate in the meeting but having the alternates present allows them to step in if a board member is
absent. He envisioned a commission with 15 members and alternates could function well.
Councilmember Buckshnis agreed with Councilmember Mesaros about alternates, noting the Salmon
Recovery Council has several alternates. She recalled the first EDC had 21-22 members. She asked whether
Ms. Hope could be the facilitator. Ms. Hope envision her role would be to show what information is
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March 19, 2019
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available, make presentations about GMA, etc. Councilmember Buckshnis asked if Ms. Hope thought the
commission should have a facilitator. Ms. Hope answered yes, explaining she can provide expertise but it
would be helpful to have a facilitator to run the meeting, keep them on track, etc. She recommended having
a facilitator from the beginning. Councilmember Buckshnis agreed.
Council President Fraley-Monillas agreed with having a professional facilitator who does not have any
connection to Edmonds, noting after the last two groups, there was a lack of trust in the process. She
suggested perhaps having a public hearing so all citizens have an opportunity for input into the process.
Councilmember Teitzel summarized the changes the Council requested:
• First three bullets remain unchanged
• 0' bullet: "Commission will meet at least once per month at a time and day agreeable to the
Commission"
• 5t' bullet: "The Commission shall host public outreach session (open houses, town halls, etc.) once
per quarter to provide updates on its process on developing housing policy options and
recommendations. The Commission will define locations in Edmonds for these meeting, focusing
on moving to various locations."
• 9t' bullet: The Commission will consist of 15 voting members and each Councilmember will select
two appointees and one alternate per zone and the Mayor will select one appointee and one
alternate. The Mayor's selection will be from the remaining pool of applicants after
Councilmembers have made their decisions. Ex -officio members may be added at Council's
discretion."
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO
SEND THE RESOLUTION AS REVISED TO MR. TARADAY TO DEVELOP INTO A
RESOLUTION TO BRING BACK TO THE COUNCIL.
COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
TEITZEL, TO ADD TO THE COMMISSION APPLICATION, A QUESTION "ARE YOU A
LANDLORD IN EDMONDST' MOTION CARRIED UNANIMOUSLY.
COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
TIBBOTT, TO REMOVE THE WORDS "AFFORDABLE HOUSING" FROM THE TITLE AND
ANY PLACE ELSE IN THE DOCUMENT AND REPLACE IT WITH "DIVERSE HOUSING"
WHICH COULD BE INTERPRETED FROM MARKET RATE TO VETERAN OR LOW INCOME
HOUSING. MOTION CARRIED UNANIMOUSLY.
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS,
THAT THE COUNCIL DIRECT STAFF TO ISSUE AN RFP FOR A FACILITATOR FOR THE
CITIZENS HOUSING COMMISSION. MOTION CARRIED (5-1), COUNCILMEMBER NELSON
VOTING NO.
Councilmember Teitzel asked if the intent was a separate facilitator and person to focus on community
engagement. Councilmember Mesaros recognized both skill sets were needed and suggested not deciding
now whether that that was one person or two.
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
APPROVE DEVELOPMENT OF A POSTCARD MAILER PAID FOR WITH COUNCIL
CONTINGENCY FUNDS TO APPRISE ALL EDMONDS CITIZENS OF THE AVAILABILITY OF
THE APPLICATION PROCESS FOR THE CITIZENS HOUSING COMMISSION. MOTION
CARRIED UNANIMOUSLY.
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March 19, 2019
Page 24
Council President Fraley-Monillas asked about having a public hearing on the document. Councilmember
Teitzel said he has attended a number of meetings over the past year and a half and has heard a lot of public
input, received a lot of phone calls and emails, heard public testimony during Council meetings, etc. It is
time to move ahead and he was uncertain a public hearing was necessary at this point.
9. COUNCIL COMMITTEE REPORTS
1. COUNCIL COMMITTEE REPORTS AND MINUTES
This item was postponed to beginning of Council agenda next week.
10. MAYOR'S COMMENTS
Mayor Earling reported he attended the Lynnwood City Council meeting last night along with most of the
entities working on the purchase of the Rodeo Inn property including Verdant and Edmonds School District.
Lynnwood is doing a series of inspections on the property and hope to reach a conclusion in the next few
weeks. The group is committed to moving ahead provided the property reports are satisfactory.
11. COUNCIL COMMENTS
Councilmember Buckshnis reappointed Nichol Hughes to the Economic Development Commission. She
reminded of the public event, meeting at Holy Rosary, on Saturday at 10 a.m. to plant 150 native plants
along Shell Creek with the Tree Board and Students Saving Salmon.
Councilmember Mesaros reappointed Kevin Harris to the Economic Development Commission.
Council President Fraley-Monillas thanked the City Council for reading their packets and for asking
questions of staff in advance.
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO
EXTEND THE MEETING UNTIL 10:35 P.M. MOTION CARRIED UNANIMOUSLY.
Councilmember Nelson announced he will be submitting a budget request next week for additional police
overtime up to $50,000 for targeted traffic enforcement along Hwy 99 and other pedestrian vulnerable areas
for the next 6 months to prevent further loss of life and injury. He believed the City needed to move urgently
on this issue. The City's 2018 Transportation Safety Plan lists engineering, education and enforcement
actions needed to reach the goal of providing a safer transportation system. That plan reviews collision data
from 2012-2016; over half the collisions have occurred on Hwy 99. In the section of Hwy 99 in Edmonds,
there are four times more crashes than the average arterial roadway in the State of Washington. Of these
crashes, eight involved pedestrians, four were jaywalkers and four were drivers failing to yield to
pedestrians in crosswalks at intersections. Citywide, 40% of all collisions involve pedestrians; 60% occur
during the daytime, 68% occur during clear days with dry conditions and 90% involve non -impaired driver
or pedestrian. Since 2017 on Hwy 99, 12 pedestrians have been hit and 2 have been killed. Engineering is
only one measure to improve traffic safety. He understood there were projects planned for Hwy 99 but
enforcement was something that could be done now.
Councilmember Teitzel reappointed Jamie Reece to the Economic Development Commission and thanked
him for his continued service. Councilmember Teitzel reported on the Booker T Jones performance at the
Edmonds Center for the Arts. He recognized the ECA staff and the over 125 volunteers who contribute
their time at events.
Edmonds City Council Approved Minutes
March 19, 2019
Page 25
12. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGA
PER RCW 42.30.1100)(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.
14. ADJOURN
With no further business, the Council meeting was adjourned at 10:32 p.m.
L (z '4�- S15; --h
DA 0. EARLING, MAYORSCO PA EY, ClCL
Edmonds City Council Approved Minutes
March 19, 2019
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