Loading...
20190416 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES April 16, 2019 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Adrienne Fraley-Monillas, Council President Michael Nelson, Councilmember Kristiana Johnson, Councilmember Thomas Mesaros, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Al Compaan, Police Chief Jim Lawless, Assistant Police Chief Don Anderson, Assistant Police Chief Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Scott James, Finance Director Mary Ann Hardie, HR Director Kernen Lien, Environmental Program Mgr. Rob English, City Engineer Maureen Judge, Council Legislative/Exec. Asst. 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 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 MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO ADD STUDY ITEM 9.4, 2018 NON -REPRESENTED EMPLOYEE COMPENSATION STUDY. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO MOVE ITEM 8.1, AUTHORIZATION TO PURCHASE -2019 CUES SEWER VIDEO INSPECTION TRUCK, TO A FUTURE MEETING. Councilmember Mesaros asked Councilmember Johnson why she wanted to delay this item. Councilmember Johnson said a 1-2 week delay would not be substantial and she wanted an opportunity to discuss the details. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes April 16, 2019 Page 1 4. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF APRIL 2, 2019 2. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 3. CLAIM FOR DAMAGES 4. CONFIRM APPOINTMENT OF CANDIDATE TO A BOARD OR COMMISSION 5. CONFIRM APPOINTMENT OF CANDIDATE TO A BOARD OR COMMISSION 6. FEBRUARY 2019 MONTHLY FINANCIAL REPORT 7. DIVERSITY AND YOUTH COMMISSION COORDINATORS AS TEMPORARY CONTRACT EMPLOYEE POSITIONS 8. FRANCES ANDERSON ROOFING BID REFUSAL 9. AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT WITH COMMUNITY TRANSIT FOR COMMUTE TRIP REDUCTION 2019-2023 10. REPORT ON CONSTRUCTION BIDS FOR THE 2019 OVERLAY PROGRAM 11. REPORT ON CONSTRUCTION BIDS FOR 174TH ST/71ST AVE STORM IMPROVEMENTS PROJECT 12. STREET DEDICATION FOR 216TH ST. SW ADJACENT TO EDMONDS WOODWAY HIGH SCHOOL 5. PRESENTATIONS YWCA STAND AGAINST RACISM PROCLAMATION Mayor Earling read a proclamation proclaiming April 22-26, 2019 to be Stand Against Racism Week and calling upon all public officials, educators, businesses, community leaders and all people of Edmonds to observe this week and commit, going forward to fight against racism whenever and wherever it may appear. He presented the proclamation to Mary Anne Dillon, Executive Director, YWCA Snohomish County. She relayed the YWCA's gratitude for the proclamation and for the City's partnership and ongoing commitment to eliminate racism in Edmonds. There is still work to be done in Edmonds, in Snohomish County and throughout the United States, focusing on eliminating the enduring disparities that disproportionately affect women and families of color in education, healthcare, employment, housing, and criminal justice in nearly every institution in the country. Each of us stand in a different place on this road and racism impacts everyone in different ways. 2. ECONOMIC DEVELOPMENT COMMISSION 2019-2020 WORK PROGRAM Community Services/Economic Development Director Patrick Doherty introduced EDC Chair Mary Monroe. Chair Monroe presented: Edmonds City Council Approved Minutes April 16, 2019 Page 2 Background o The EDC was established pursuant to Chapter 10.75 o Nine -member volunteer board appointed by Mayor and Council ■ Kevin Harris ■ Darrol Haug ■ Nicole Hughes, Vice Chair ■ Kimberly Koenig ■ Scott Merrick ■ Mary Monroe, Chair ■ Aseem Prakash K Jamie Reece ■ Margaret Safford EDC Mission o The Commission is empowered to advise and make recommendations to the Mayor and City Council, and as appropriate, to other boards and commissions of the City on strategies, programs or activities intended to generate economic development and consequently increase jobs and municipal revenue. o Topics of study may be referred to the Commission by the Mayor or City Council, or independently generated by the commission. EDC 2019-2020 Work Program o The EDC welcomes this opportunity to provide Council and the Mayor with an overview of the activities we are considering undertaking over the next 12 to 18 months. o The EDC is interested in Council and Mayor input regarding these proposed activities. o In addition, we look forward to any ideas or suggestions Council and/or the Mayor may have regarding our proposed activities for the next 12 to 18 months. o The EDC has designated three active work groups. Each work group will focus on key objectives approved by the entire Commission. The work groups and key activities are listed on the following slides. EDC Work Groups and Priorities o Business Attraction ■ The Business Attraction work group attempts to seek out and market to businesses that will enhance the business community and create new living -wage jobs in Edmonds. Key objectives for the next 12-18 months include: — Conducting interviews with new Edmonds businesses to determine what about Edmonds attracted them and learn what the City can do to support their business growth. — Conducting interviews with businesses that have recently left Edmonds to determine the reasons for leaving and what, if anything, the City could have done to better support them. — Investigate development of Community Work Spaces. — Focus on recruiting businesses that complement and spin off from the existing Health Care sector. o Arts/Tourism The Arts and Tourism work group is focused on increasing tourism, and supporting the expanding arts community in Edmonds. The Arts/Tourism work group continuously seeks local, regional and statewide partnerships, including grants, in-kind support and education. Key objectives for the next 12-18 months include: — Feasibility and implementation of a shuttle service from the Edmonds Waterfront to Downtown — Seeking opportunities for hotel development in and near Downtown Edmonds — Informational audio marketing with associated signage along SRI 04 ferry holding lanes in collaboration with Downtown Alliance Edmonds City Council Approved Minutes April 16, 2019 Page 3 — Investigating the feasibility of a year-round farmers market o Development Feasibility ■ The Development Feasibility work group aims to ensure Edmonds is attractive to and supportive of incoming development, while respecting the unique Edmonds neighborhoods, landmarks and Downtown look and feel. Key objectives for the next 12- 18 months include: — Permit process improvements — Neighborhood Business District Code review and potential update recommendations. o EDC Past Work Groups ■ There are several work groups which have been active in the past, but are not active at this time. When needed, these work groups may reconvene to address issues and provide support. These include: — Highway 99 planning and development — Civic Field — Parking Councilmember Buckshnis commented this was a very aggressive schedule for nine members. The Council will be meeting with the Planning Board soon and she was unsure sure whether the EDC should get involved in code development and feared it could be dangerous for the EDC to review codes and permitting without Council guidance. She preferred the EDC focus their efforts on tourism, Hwy 99, and Civic Field parking. Council President Fraley-Monillas asked about successes in 2018-2019. Chair Monroe said the EDC researched and brought forward several items, some of which did not get legs. The EDC's mission is to bring forward ideas to be investigated/researched and the decision whether to pursue them is the City Council's. With regard to successes, the EDC has learned a great deal about what is going on within the City's boundaries and some of the challenges. Some of the issues they recommended for further research did not move forward. Council President Fraley-Monillas asked for examples. Chair Monroe recalled the EDC investigated and recommended further research on reducing the first floor height limit in the downtown core from 15 feet to 10-12 feet and moving the City's offices from their current location to Hwy 99 to be a catalyst project on Hwy 99, better utilize the downtown space and repurpose the existing City Hall. Mr. Doherty said the EDC participated in several processes to consider economic development/vitality such as Hwy 99, Civic Park planning, downtown parking, etc. and have submitted memos to the City Council regarding economic vitality related issues to help inform the Council's decision. Council President Fraley-Monillas said she was interested in successful projects. Chair Monroe said there has not been anything that the EDC started and finished. The EDC participated in Civic Field, Hwy 99 and downtown parking which are ongoing issues. Councilmember Johnson said one success was the parking tick marks which was Darrol Haug's suggestion. She recalled being the Planning Board's representative on the EDC 10 years ago and one of the first commissioners was Frank Yamamoto, who owned a running store downtown and organized the City's first half marathon, and there were discussions about a 4x4 basketball tournament. One of the reasons she appointed Chair Monroe to the commission was her background in sports promotion for the City of Lynnwood. She asked why that was dropped from the work program. Chair Monroe said she believed sports development can be a huge economic impact for a community. Edmonds has very limited resources to host tournaments; most of the tournaments are held in the Lynnwood and Monroe areas where there are more playfields and facilities available. Edmonds needs to inventory what is available, partner with other nearby communities and package those to recruit sports tournaments. Indoor facilities are preferable but not practicable. It would be necessary to rely on the school district as a partner to provide indoor courts. With regard to baseball or soccer, Edmonds does not have the inventory. Edmonds City Council Approved Minutes April 16, 2019 Page 4 Councilmember Johnson pointed out the City does have p6tanque courts and tennis courts are being converted to pickleball. Chair Monroe said the United States Tennis Association Senior National Championships were held at Harbor Square. Councilmember Johnson liked that the EDC was working with the new Youth Commission, commenting it was important to find jobs for students who are interested in pursuing jobs in Edmonds. Mr. Doherty said the City is a member of the Snohomish County Tourism Bureau whose staff field regional/national/international inquiries regarding tournaments that play in Snohomish County; they contact the Parks Department regularly about hosting part of Snohomish County events in Edmonds. Councilmember Teitzel commented the current economy is very healthy; one of the major drivers for tax revenue locally is car sales which is great when the economy is good, but bad in an economic downturn. He asked if the EDC was looking at ways to diversity the local economy by attracting other industries such as high tecb/software to bridge those downturns. Chair Monroe said the business attraction subcommittee is trying to identify other sectors that could create an environment for those businesses. The challenge now is availability of office space. There is access to a great workforce but there is a shortage of office space; hopefully more office space will be developed on Hwy 99 in the future. The commute to downtown Seattle has become horrendous and more businesses are looking for alternatives. Mr. Doherty said part of the pitch to the board that awarded the City the Creative District Designation was that designation would help diversify the economy and strengthen the creative sector. Other sectors such as healthcare, anchored by Swedish Hospital, have already taken off and the EDC is interested in exploring ways to make connections with other regional businesses that could move to Edmonds, have satellite facilities, etc. Arts and tourism are great for economic development because it evens out economic troughs. Edmonds is a great day trip destination and staycations are more affordable in an economic downturn. As the Council liaison to the EDC, Councilmember Tibbott said heard the development of this plan. He likes how commissioners work together and divide the labors between committees. With regard to development, permit processes and code revisions, he clarified the EDC was interested in understanding what code revisions could potentially be necessary. Chair Monroe assured the EDC was not able to write code; they were interested in learning from people who have gone through it what the process was like, whether there were ways to improve how the City interacts with people going through the process, whether applicants understand the steps in the process, etc. In talking with businesses in town, many people are confused by process. It would be beneficial for the EDC to understand those issues and share any chinks in the process with staff. With regard to neighborhood codes, the intent is to talk with people about how their neighborhoods are growing and what they envision and share that information with staff. Councilmember Tibbott said that would be a valuable source of study and discovery for the EDC and potentially improve the consumer experience. In speaking with a new business today, they mentioned it took weeks to go through the development services process which they found very frustrating. It would be helpful to investigate whether there were ways to improve the consumer experience. Chair Monroe commented it is sometimes helping the customer understand why there is a delay. Councilmember Buckshnis did not mind the EDC looking at streamlining the process and permitting. The administration should already know the process needs to be streamlined and she was amazed a volunteer group needed to look into that. She recalled the Green Resource Center was created to improve that process. She was aware there were permitting issues which is the reason the second floor closes at noon on Wednesdays. She concluded permitting and codes are Planning Board issues; the UW Green Futures Lab already looked at Five Corners and Westgate. She preferred to see focused results rather than the EDC looking at everything. Edmonds City Council Approved Minutes April 16, 2019 Page 5 6. COUNCIL SUBCOMMITTEE REPORTS 1. COUNCIL COMMITTEE REPORTS AND MINUTES Finance Committee Councilmember Buckshnis reported: • The Edmonds Public Facilities District's quarterly report regarding their financials was delayed to June due to scheduling issues • February 2109 Monthly Financial Report — approved on Consent Agenda • First Quarter 2019 Budget Amendment — on tonight's agenda • Possible Change to Utility Billing Schedule — referred to staff • $235,000 Prior Period Adjustment — referred to staff • Change to Year -End Accruals — referred to staff • Split Utility Funds into Operating and Capital— referred to staff ■ Create Internal Service Fund for Facilities— referred to staff • Policy Development for Pavement Condition Index (PCI) and Facility Condition Index (FCI) — referred to staff Parks and Public Works Committee Councilmember Teitzel reported: • Authorization to Purchase 2019 Cues Sewer Video Inspection Truck — postponed to future meeting • Authorization for Mayor to Sign Interlocal Agreement with Community Transit for Commute Trip Reduction 2019-2023 — approved on Consent Agenda • Report on Construction Bid for the 2019 Overlay Program — approved on Consent Agenda • Report on Construction Bids for 174th St/71St Ave Storm Improvements Project — approved on Consent Agenda • Street Dedication for 210h St SW adjacent to Edmonds-Woodway High School — approved on Consent Agenda • Frances Anderson Roofing Bid Refusal — approved on Consent Agenda Public Safes. Personnel & Planning Committee Councilmember Nelson reported: • Option for Addressing Nonconformance in Limited Manner —on tonight's agenda • Diversity and Youth Commission Coordinator Position Approvals — approved on Consent Agenda 7. AUDIENCE COMMENTS Jan Trierweiler, Edmonds, explained she is a seller in the midst of the noncompliant code issues. The code was changed after her condominium community was built in the late 1970s. A senior citizen on a fixed income, she made a decision to sell her condo on January 5, 2019. Because the market has been good and other units in the complex have sold in recent years, she decided it was a good time to make a change and move to a smaller community. A buyer was found on February 2°d and during the process of applying for financing, this code change was discovered, causing her bank to decline financing due to risk if the building were severely damaged and the code was enforced. No one in the condo complex was aware of the code change and the noncompliance matter was surprisingly not found when other units were sold. The March 18 closing date has been put on hold pending resolution of this issue which has had a significant emotional and financial strain on her and it is unknown how long the interested buyer will wait. She must pay the mortgage and monthly expenses on a condo she no longer lives in as well for her new home. This situation can affect any owner in her complex and the other 25+ complexes in the City. Owners trying to sell units in these affected complexes that know of this noncompliance are legally obligated to disclose it to any Edmonds City Council Approved Minutes April 16, 2019 Page 6 interested buyer. City officials have known of this situation for some time, yet nothing has been done to change the code. Michelle Dotsch, Edmonds, thanked the City Council for acknowledging public concern about Edmonds' housing policy and for being willing to create a new commission to involve Edmonds citizens in the process of creating the commission. She is one of more than 55 concerned citizens representing a grassroots movement that submitted a set of proposals to the Council about how to fairly create this new commission. Many of the citizens have been involved in the process since May 2018. Although there has been some misconception about there being a goal driven agenda, the majority of those represented are from other neighborhoods in Edmonds. If fairly and thoughtfully formed, this new commission could help make Edmonds the city that did growth right. Citizens of Edmonds expect a commission that represent the true stakeholders of Edmonds, those who live here now, pay taxes and have Edmonds' best interest at heart, not some predetermined, imagined version of who will live here in the future. Commission members should fully understand that the Edmonds Comprehensive Plan is not a legally binding document, but a set of guidelines and recommendation, a document that can be amended to more accurately align with Edmonds citizens' vision for their City while meeting recommended growth plans such as PSRC's Vision 2040 or the Countywide Planning Policies. The commission's mission should accurately define the issue to be addressed by following a set of steps, 1) examine Edmonds' current housing stock, 2) look at future population trends, and 3) make recommendations to address specific housing needs based on actual, verifiable data. The commission should be fully supported and judged to be legitimate by the citizens of Edmonds, averting mistakes of the past; therefore, it is imperative this new commission not be pre -assigned a mission that will yield a pre -determined outcome or inevitable result. Citizens and city officials involved are expected to come to the project with an open mind and be willing to start over as needed in developing our future housing picture. Michelle Goodman, Edmonds, continued the group's requests for a commission made up of citizen representatives who reside in Edmonds' neighborhoods. Homeowners make up 70% of Edmonds residents, and Edmonds homeowners must have a say in the future housing policy and, therefore, a presence on the new commission commensurate with their representation in Edmonds' population. They also encouraged councilmembers to direct the commission to consider the infrastructure implications of a housing policy. Certainly, homeowners would be best suited to assure that all aspects of redevelopment are addressed, including safety, parking, schools, emergency services, transportation access, and neighborhood character. The City Council should give the commission a mandate to serve in an advisory capacity to Edmonds' government, issue reports on a quarterly basis or more, as needed, to the City Council, maintain effective communication with the public, hold regular and well-publicized public meetings, and put updates on the City's housing website. Chosen members should be willing to hold meetings with their neighbors to gather ideas and concerns and report them back to the commission. Commission members should present and champion a variety of views on housing policy, not one comprised in large part of those who clearly support one particular view. It is apparent from public engagement that a majority of Edmonds' citizens have strong concerns about Edmonds utilizing growth strategies that are similar to those used in other Washington cities — Seattle being a prime example. Lynn Chelius, Edmonds, said the commission should be comprised in part of those who feel that a growth plan here should be measured and restrained, allowing for organic growth. This position was clearly supported by Alliance of Citizens for Edmonds (ACE), a well-respected citizen group in Edmonds, in its Jan. 25 position paper, "Transparency in City Processes Needs Improvement" which stated, "The appointing people or body should make a concerted effort to select not only those who would clearly be supportive of a result but also to select persons who will represent alternative views." Then, listing steps to help make boards accountable, ACE said, "These steps will significantly improve public trust and eliminate what now has in many instances led to deterioration of the relationship between the City, task forces, boards, commissions and the citizens." Commission members should understand that the character of a community is an essential and meaningful concept and one that can and needs to be clearly defined. Both the PSRC's Edmonds City Council Approved Minutes April 16, 2019 Page 7 Vision 2040 and the Countywide Planning Policies, which provided the framework for Edmonds Comprehensive Plan, stress protecting the character of a community. It should be a consensus of Edmonds citizens who define what the city's charm and character is, and how best to promote and protect that character and charm. Commission members should clearly understand that nowhere in the growth plans and policies referenced by city planners and the Edmonds Development Services Department is there a requirement or suggestion that a city must either destroy its character or make itself into a copy of what other cities have done. The commission should be comprised of Edmonds residents who have not served on any other committees, boards, commissions, or task forces in the last two years, nor should they have served in any public office in Edmonds or other municipalities to address the appearance of fairness, transparency, and validation of this new commission's work product. She summarized this is an opportunity for the Council to regain the citizens' trust, and they hope the Council will look closely at their points. John Reed, Edmonds, President, ACE, explained ACE was founded in 2004 by Edmonds citizens who wanted responsible development that respected and complimented the character of Edmonds - its small town atmosphere, its generally low level architecture and its natural environment. More information about ACE can be found at ACEEdmonds.org. ACE appreciates the City Council revisiting the 2018 housing discussion and proposing a more open process. He highlighted ACE's recommendations shared with the Council on April 9"; the complete document is on ACE's website. First, the proposed "charter" from the March Council meeting is somewhat vague. ACE suggests including a list of housing options such as accessory dwelling units, backyard cottages and other multi -family options, and referencing housing needs for seniors, disabled persons, veterans and low-income people. The Housing Commission should have the mandate to focus on all housing issues except homelessness issues that are better evaluated elsewhere by the Mayor and Council. Second, public information and public input will be essential for the Commission's success. This should be regular and ongoing. Third, the proposed Housing Commission could very well be too large and unwieldy. ACE instead recommends each Council member appoint two voting members — one from each assigned district and one at -large member. This will enable a better cross-section of representation and knowledge across the City. The Mayor would appoint two members. Ex -Officio members are not needed. The Council should designate one of its members, not two, to serve as a Council liaison for the Commission and any Councilmember should be able to attend any Housing Commission meeting at any time. Brian Potter, Edmonds, resident of the Maplevine Condos on 4" Avenue South, said after reading the article in My Edmonds News about the legal, nonconforming condos in the City, he contacted the City to learn whether Maplevine was in that category. He found it is legal and nonconforming in both number of units and height. Were the building to suffer extensive damage and need to be rebuilt, more units would be lost due to the height limit than the square footage restriction, approximately $3 million of the City' tax base. Many of the condominium owners are older; 8 out of 27 owner occupants are in their 80's 3 live on the top floor that involves the height limit, a 9"' older owner moved out recently and is trying to sell her unit and a 10' is expected to do so before the end of 2019. Like the owner of the unit profiled on My Edmonds News, a number of owners rely on the proceeds of their home sales to cover their long term care and medical expenses and are concerned those funds will not be available if they are unable to sell because banks will not finance legal nonconforming properties. Age aide, all homeowners are in a situation where they cannot be sure whether they can sell their units or a disaster could leave them homeless. He and his wife now worry whether they will find themselves homeless if a top floor had to be omitted from a major repair or rebuild of the complex or that their insurance will change dramatically to cover potential replacement. He was unable to determine from the City's website when the zoning change occurred that made their building noncompliant. He appreciated that the buildings were grandfathered but the current form of grandfathering is not adequate when it can leave people homeless and bankrupt. The city is working vigorously to address affordable housing and homelessness; finding a solution to the condo code problem, one that assures housing security, should be an urgent, high priority for the Council. He asked that the Council refer this to the Planning Board and staff for study and recommendation as soon as possible. Edmonds City Council Approved Minutes April 16, 2019 Page 8 Onie Ward, Edmonds, referred to Agenda Item 8.4, the nonconforming condominium issue, commenting the decision to purchase a home is very personal and one of the biggest and most important. She purchased a condo about ten years ago and was happy to move to Edmonds. She requested the Council consider grandfathering older buildings that are noncompliant. When she called the City, they did not know that her complex was affected and has since been added to the list. People invest their savings into their condominiums and this issue could put them in emotional and financial distress. Kevin Gibson, Edmonds, agreed with the previous comments regarding nonconforming condominiums and addressing how to allow them to move forward with their lives. Diana White, Edmonds, speaking both as the Edmonds School Board President and also an enrolled member of the Prairie Band Potawatomi Tribe along with her ancestors from the Cherokee Nation, encouraged the Council to read the Edmonds Beacon article regarding the school district honoring tribal land. She asked the City Council to consider adding a land acknowledgement statement of indigenous peoples to Council meetings and other significant public gatherings in the City. Land acknowledgement statements are prompted and encouraged by the federal government Department of Arts and Culture. These statements are a simple and powerful way to honor a culture of people who existed on these lands for thousands of years before cities, counties or the state existed. The indigenous peoples of this specific region are recognized, acknowledged and honored. These statements will help bridge the cultural divide that many indigenous people feel after being forcibly removed from their homelands with attempts to wipe out a culture of people. With Edmonds' designation as the first Creative District in the state, there is no better way to honor the culture of original inhabitants of this land, Coast Salish people. Edmonds has embraced Indigenous People's Day. The Tulalip Tribes, the Edmonds School Board, and the Edmonds Center for the Arts are a few of the local organizations that are opening meeting and events with land acknowledgement statements. She provided sample statements: • "I would like to open this event with a land acknowledgment that we are on the traditional lands to the Coast Salish people." • The ECA's statement includes the passage, "We are committed to working with local tribes to acknowledge their land and are honored to do so today. • The School Board' original statement included "Tribes granted the use of the land to the U.S. via the Point Elliot Treaty of 1855 while retaining the rights to the land." • Her favorite was, "We are on the traditional homelands to the Coast Salish Tribes. We pay our respects to elders past and present." The statement is simple and powerful, costs nothing and goes a long way toward restoring cultural democracy of the indigenous people who have gone before. She encouraged the Council to consider adding this statement to Council meetings, public gatherings and other relevant events in the City. Wendy Kondo, Windermere Real Estate, said she learned about nonconforming condominiums when selling Ms. Trierweiler's condominium. She has been selling condos in Edmonds for the last 35 years; it was a shock when the bank denied the loan. This is a huge problem as appraisers and lenders have gotten stricter about financing. Banks have loaned money for previous condominium sales, apparently unaware of this issue. As a realtor, she is required to share this information with potential purchasers. She expressed support for Option D, the fastest way to solve this problem. 8. ACTION ITEMS AUTHORIZATION TO PURCHASE -2019 CUES SEWER VIDEO INSPECTION TRUCK This item was postponed to a future agenda via action taken under Agenda Item 3. 2. FIRST QIJARTER 2019 BUDGET AMENDMENT Edmonds City Council Approved Minutes April 16, 2019 Page 9 Finance Director Scott James reviewed: • $372,559 were Previously Discussed by Council • $455,484 are New Items for Council to Consider expenditures • $294,905 in net new revenues • Overall Fund Balance Reduced by $533,138 • 19 Decision Packages Total $828,043 in New Expenditures 1. Judge Salary Increase: $7,530 2. End of Mill Creek DV Coordinator Interlocal: $9,414 3. Police Department Equipment Grants & Reimbursements 4. Building Department Professional Services — $75,000 (self-funded) 5. CTR Incentive Program: $4,250 6. Increase to Assisted Living/Long Term Care Fund: $22,650 7. Snow Storm Recovery: $17,500 (Street Division) 8. 76th Ave/212th Intersection Improvements: $197,650 9. 238th Island and ADA Curb Ramps: $54,370 10. Haines Wharf & Don Feine Memorial Benches: $2,865 11. Snow Storm Recovery: $23,000 (Storm Division) 12. Replace Unit #183-POL 2010 Toyota Prius: $19,000 13. Edmonds Community College Gym rentals for Adult Volleyball program: $3,865 (Carryforward) 14. Fire Panel Replacement: $108,000 (Carryforward) 15. 89th PI Retaining Wall: $7,600 16. Brackett's Landing North Benches: $13,094 17. Water Meter Reader Handheld Upgrade: $15,000 18. Water Division Billing and Meter Analysis: $15,000 19. Three Ford Police Utility Vehicles: $248,000 Council President Fraley-Monillas clarified the Police Department utility vehicles was budgeted in 2018 but was not spent so it was being carried forward. Mr. James agreed. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT MOVED TO APPROVE ORDINANCE NO. 4148, AMENDING THE 2019 BUDGET. MOTION CARRIED UNANIMOUSLY. 3. COUNCIL HOUSING COMMISSION RESOLUTION Councilmember Teitzel referred to the detailed agenda memo in the packet and read a summary into the record: In 2017 the City of Edmonds began the process of developing a housing strategy geared to expanding the range of housing options for current and future residents. Since that time, there have been 29 public touchpoints regarding this issue including open houses, task force meetings, Planning Board meetings, advisory committee meetings, town hall and City Council meetings. As this process has progressed, Council has clearly heard citizens' desire for significantly more direct public input into the process of developing policies around expanded housing options in Edmonds. The Council is acting on that input. On February 9, 2019, the Council heard citizen testimony about housing policy, discussed next steps toward enhancing public input into the development of diverse housing option and determined a citizens' housing commission should be established. On March 19, 2019, the Council heard additional citizen testimony abut the proposed housing commission process, further refined details around formation of the citizens housing commission and directed the City Attorney to draft a resolution to create the commission. Edmonds City Council Approved Minutes April 16, 2019 Page 10 The Council has clearly heard three primary themes and feedback received from citizens: a process should be established to enable citizens to apply to serve on the housing commission rather than establishing a commission by appointment. Sufficient time should be provided to enable the commission, council and staff to work together to develop a range of housing policy recommendations that serve Edmonds' best long term interests. The commission should consist of balanced representation from throughout Edmonds. The proposed resolution addresses each of themes and is the product of significant public input and reflects direct input and suggestion by each Councilmember. Approval of the proposed resolution will enable the application process to proceed, allow identification of a range of commissioners, and enable the commission to be seated by early summer so it can begin its important work on the City' behalf. Establishment of the citizens housing commission will enable direct and diverse input by citizens from across Edmonds and will help drive toward a range of housing policy options that all can be proud of. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE RESOLUTION NO. 1427, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING THE CITIZENS' HOUSING COMMISSION. COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO AMEND SECTION 1.11 BY REMOVING THE LAST SENTENCE, "EX OFFICIO MEMBERS MAY BE ADDED AT THE COUNCIL'S DISCRETION." Councilmember Teitzel commented other commissions/boards have ex officio members. An argument could be made to keep that sentence but he did not feel strongly about it. Councilmember Buckshnis supported removing that sentence, recognizing the public has an opportunity to speak at board and commission meetings. Councilmember Nelson said his primary concern was he wanted this to be citizen -driven commission and he feared other members could provide undue influence. In light of the history of this process, it was best not to have ex officio members. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. Council President Fraley-Monillas commented there are some wrap up items to be discussed such as the notification of citizens about applying for the commission and assigning Councilmembers to areas on the map as most Councilmembers lives in one of the areas. 4. OPTION FOR ADDRESSING NONCONFORMANCE IN LIMITED MANNER Environmental Program Manager Kernen Lien reviewed: • Nonconforming Building o ECDC 17.40.020.A A nonconforming building is one which once met bulk zoning standards and the site development standards applicable to its construction, but which no longer conforms to such standards due to the enactment or amendment of the zoning ordinance of the city of Edmonds or the application of such ordinance in the case of a structure annexed to the city. ■ Restoration o ECDC 17.40.020.17 If a nonconforming building or structure is destroyed or is damaged in an amount equal to 75 percent or more of its replacement cost at the time of destruction, said building shall not be Edmonds City Council Approved Minutes April 16, 2019 Page 11 reconstructed except in full conformance with the provisions of the Edmonds Community Development Code. • Issue o Banks are refusing to finance the purchase of condominiums in buildings that exceed the density of the current zone given the language in ECDC 17.40.020.F o Twenty-four sites have been identified thus far ■ 129 units in excess of what the current zoning would allow ■ 633 units that may be impacted due to financing issues • Nonconforming Building Code 0 1964-1979 ■ If destroyed in an amount of 50% or greater, must conform with zoning standards 0 1979-1980 • "Primarily nonresidential" building must meet zoning standards if destroyed more the 50% of its value • "Primarily residential building" maybe rebuilt to same density and bulk and dimensional standards regardless of the extent of damage ■ Abatement — Required multi -family developments to come into compliance with density standards — Only one -unit the exceeds density may be granted "innocent purchaser" status; rest of units must be eliminated 0 1980 ■ "Primarily residential building" may be rebuilt to same density and bulk and dimensional standards regardless of the extent of damage • "Primarily nonresidential" building must meet zoning standards if destroyed more the 50% of its value 0 1981 ■ Any nonconforming building " maybe rebuilt to same density and bulk and dimensional standards regardless of the extent of damage 0 1982-2008 ■ If destroyed in an amount of 50% or more of its replacement cost, must conform with zoning standards if reconstructed 0 2008 - Present • If destroyed in an amount of 75% or more of its replacement cost, must conform with zoning standards if reconstructed • Residential buildings in commercial zones may be reconstructed regardless of 75% rule in same "footprint" provide footprint shall not be expanded more the 10% and found "to be substantially similar to the original style and construction after complying with current codes" Options A. Take no action at this time. B. Wait for an and applicant to apply for a code amendment ($6,385 application fee). C. Wait for staff to fit this into future code update process (maybe next year). D. Direct the Planning Board and staff to work on solutions for Council consideration to narrowly address this issue in the near term. Councilmember Mesaros expressed support for Option D. He commented on the various iterations of the code over the years and how the minds of Councils change and anticipated there may be future changes. After the Planning Board considers this, he suggest citizens be made whole and rather than 75%, allow 100%. He asked if any of the buildings have been reconstructed since they were built. Mr. Lien answered not that he was aware of. He referred to the list of nonconforming condominiums that was included in the packet, noting they were constructed in the 1960s and 1970s. He assumed buildings constructed since 1980 conform to the existing RM zones with the exception of some properties that were annexed. He was not Edmonds City Council Approved Minutes April 16, 2019 Page 12 aware of any buildings that had burned or were subject to this nonconforming code in the 11 years he has been employed by the City. Councilmember Mesaros commented some buildings have been in place over 50 years and have not experienced any catastrophe but one never know when events like that will happen. He wanted to allow condominiums to be rebuilt 100% if there were a catastrophic event. If someone buys up all the units and tears the building down to redevelop, they would need to conform with the zoning. Mr. Lien pointed out 75% means if the building were damaged to more than 75% of its replacement cost, then it must conform with zoning standards if reconstructed. If the damage is less than 75%, it can be reconstructed more like a maintenance issue. With regard to potential amendments, prior to 1980, multi -family zones allowed buildings to be constructed to 35 feet. Since 1980, that was limited to 30 feet, therefore allowing reconstruction to the existing density is not enough. Councilmember Mesaros commented a person could have purchased a 1500 square foot condominium 25 years ago and following a catastrophe, it could only be rebuilt at 1300 square feet. He clarified his intent, if a building was destroyed 100%, it could be reconstructed to the original. Councilmember Tibbott asked why the replacement cost issue exists in the code. Mr. Lien explained the 50% that was in code up until 2008 was an offshoot of the building code which stated if a building destroyed more than 50% of its value, it was a new building not a remodel. That percentage was removed from the building code except for properties in the floodplain and in 2008 the Planning Board and City Council considered that threshold and chose 75%. Councilmember Tibbott asked the purpose of having a threshold. Mr. Lien said as Development Services Director Shane Hope noted in the agenda memo, generally cities do not want nonconforming uses/structures to continue indefinitely and if they are damaged beyond a certain percentage and have to be reconstructed, it needs to be done in compliance with the code. That may make sense for buildings where people are not losing their homes, but it is different in this situation. Councilmember Tibbott relayed his understanding if the building were allowed to be built to 100% of the density allowed at the time the building was originally constructed, it would still need to be rebuilt to current building code standards such as architectural design, setbacks, etc. Mr. Lien answered if it was limited to density, yes, they would have to comply with setbacks, height, parking requirements, etc. If the building was previously 35 feet and was restricted to 30 feet, that would impact the property owners who once had a 1500 square foot unit and would then have a smaller unit. If a condominium were allowed to be rebuilt to 35 feet, Councilmember Tibbott asked if they would be required to conform to architectural standards. Mr. Lien answered it would need to meet the current building code, design standards, etc. Councilmember Tibbott supported referring this to the Planning Board. He asked if staff had a sample of the language that would be proposed to the Planning Board. Mr. Lien answered it could be as simple as adding an exception to ECDC 17.40.020.F to include language similar to the 1980 code that allowed residential buildings to be rebuilt to the same density and bulk and dimensional standards regardless of the extent of damage. Councilmember Tibbott inquired about the Planning Board process. Mr. Lien advised this is tentatively scheduled for an introduction to the Planning Board next week, assuming that is the option the Council selects. That would be followed by a public hearing two weeks later and return to the Council with a Planning Board recommendation for a public hearing at the City Council. Councilmember Nelson recalled when Councilmember Tibbott and he first heard about this at the Public Safety, Personnel & Planning (PSPP) Committee, the fastest way to solve the problem was Option D. Since that meeting he tried to determine what could be done in the interim. He distributed an Option F (Fastest), an interim emergency ordinance, "an ordinance of the City of Edmonds, Washington, adopting an interim Edmonds City Council Approved Minutes April 16, 2019 Page 13 zoning ordinance to amend subsection 17.40.020.17 of the Edmonds community development code, entitled "nonconforming building and/or structures," declaring an emergency necessitating immediate adoption and effectiveness of this interim zoning ordinance." He explained the ordinance would be effective for up to six months which would allow the issue to be addressed without feeling rushed during the Planning Board's review, public hearings, Council meetings, etc. Councilmember Nelson highlighted the amendment to Subsection 17.40.020(F): F. Restoration. If a nonconforming building or structure is destroyed or is damaged in an amount equal to 75 percent or more of its replacement cost at the time of destruction, said building shall not be reconstructed except in full conformance with the provisions of the Edmonds Community Development Code PROVIDED THAT a multifamily residential building may be restored in the same location, and to the same density, height, setbacks and coverage as existed before the destruction or damage occurred if an application for building permit is submitted within one year of the date the damage occurred..." Councilmember Teitzel expressed concern with the proposed interim ordinance. He supported Option D, recognizing something needs to be done about this issue and fast. It is unfortunate and a shame that the City code puts citizens in a bind when selling their property, particularly when it may be their lifeblood in some instances. He saw the proposed ordinance for the first time 10 seconds ago; it is a fairly complex ordinance that requires more thought. He did not want to engage in a kneejerk vote and would be willing to consider the ordinance next week. He did not support Option F tonight. Councilmember Buckshnis expressed support for a moratorium that grandfathered existing buildings to allow Option D to occur and allow sales to occur. City Attorney Jeff Taraday said if by moratorium she meant something that would have an immediate effect, that is essentially what this ordinance would do. Councilmember Buckshnis asked if Mr. Taraday assisted with the development of the ordinance or if he had had an opportunity to review it. Mr. Taraday said Councilmember Nelson sent it to him this afternoon; he reviewed it and proposed revisions that have been included in the draft distributed to the Council. Councilmember Buckshnis said she was interested in allowing the existing nonconforming buildings to be grandfathered until the code revision was completed. Mr. Taraday said it was up to the Council whether to take action on the ordinance tonight or in the future. If the question was whether it was possible to do something that provides immediate relief of the type being requested by the condo owners who are currently trying to sell units, this ordinance is the best that can be done in the short term. It is an interim ordnance that is only in effect for 180 days. If a bank is reading the fine print, they may think a 30 year loan and a 6 month ordinance leaves them exposed for 29.5 years of the loan. If the Council adopted the ordinance tonight, he was uncertain it would satisfy banks, but it was the best thing that could be done tonight. Until a permanent ordinance is adopted, banks may still express concern over the state of the code. Councilmember Teitzel raised a point of order, commenting this is a bad process. This is a controversial, complex issue, Mr. Taraday saw the ordinance this afternoon, the City Council saw it for the first time a few minutes ago. The Council deserves the courtesy of an opportunity to review the ordinance, think about it and bring it back next week. Councilmember Buckshnis said she was interested in something more simplistic such as grandfathering versus an emergency ordinance. Mr. Taraday said the language in the proposed interim ordinance is as simple and straightforward as it can be and he had no problem with the language. "Grandfather" is a colloquial term that describes what the ordinance does. Councilmember Buckshnis asked about fast tracking this through the Planning Board. Mr. Lien said it is scheduled for the Planning Board's next two meetings for an introduction, public hearing and recommendation to City Council. Councilmember Buckshnis expressed concern about the height issue, Edmonds City Council Approved Minutes April 16, 2019 Page 14 commenting she did not know where all the buildings were located and which ones were 35 feet tall. Mr. Lien referred to the map of the nonconforming condominiums that had been identified thus far, advising he did not know the height of each but they were all build under the old code that allowed up to 35 feet. Councilmember Johnson thanked the public for speaking to the Council about this important issue and putting a face to the problem. She thanked Mr. Lien for the historic perspective and Councilmembers for seeking a quick solution. She suggested the Council give themselves another week before taking action on the proposed interim ordinance to allow time to review it thoughtfully. She supported moving expeditiously on this subject. Councilmember Nelson said he was responding to the timing of events and trying to act as quickly as humanly possible considering he works full-time and has two young sons. He rejected the issue of process, noting it was unfortunate the ordinance could not to be emailed to Councilmembers ahead of time, but the City Attorney reviewed it as quickly as he could because it was an urgent matter. He pointed out only one sentence in the code was being added, "PROVIDED THAT a multifamily residential building may be restored in the same location, and to the same density, height, setbacks and coverage as existed before the destruction or damage occurred if an application for building permit is submitted within one year of the date the damage occurred." The whereas clauses are the justification for the change and the other sections are related to timing, severability and the effective date. If the Council chooses not to move forward tonight that is their prerogative, but he wanted to provide an option for taking action expeditiously tonight. Council President Fraley-Monillas expressed appreciation for Councilmember Nelson's effort. She will support the ordinance only because it is an urgent issue. Residents are losing money and losing home sales. The Council can adopt the ordinance and move forward as quickly as possible to protect residents' assets. This issue is the City's fault and the Council needs to step up and take a stand. She disagreed with standing on procedure to delay action. The ordinance was drafted quickly and reviewed by the City Attorney. This is an emergency measure and she did not want citizens losing their homes and money over Council's procedural bickering. She supported the ordinance and hoped the matter could move through the process quickly. Councilmember Mesaros pointed out a typo in the first line of the added language, "may be" is included twice. He supported addressing the issue and moving forward. He pointed out the ordinance represents false hope because it does not provide a permanent solution. Even though there is a lot of passion on the dais for developing a solution that can be implemented tonight, that is not how government works. He was happy to hear this issue is already scheduled for the Planning Board; the required public hearing will be held in two weeks where the public can provide comment. That will result in a permanent solution that does not provides false hope. He not support the interim ordinance because he did not want to give people seeking solutions a temporary answer that did not do anything. Councilmember Nelson asked if this ordinance would have any impact if a condominium burned down next week. Mr. Taraday answered if a building permit came into to restore the condominium while the ordinance was in effect, yes, the building could be restored completely. Councilmember Nelson asked if that could currently occur. Mr. Taraday answered not if was nonconforming, located in a multi -family residential zone and damaged more than 75%. Councilmember Tibbott said before this issue came to the PSPP Committee, he spoke with the realtor who brought the issue to the City's attention. Staff began gathering a list of affected condos which provided a case study of the effected condos although there are likely more. The Council owes it to these condominium owners as well as the ones that have yet to be identified to develop a permanent solution. As soon he knew this issue was coming to PSPP Committee, he talked with Ms. Hope about how to proceed expeditiously. He was satisfied it will go to the Planning Board who will ask clarifying questions as part of the public record and he expected in short order an ordinance that was well thought through and would stand the test Edmonds City Council Approved Minutes April 16, 2019 Page 15 of time and any legal challenges. He was not in favor of passing the interim ordinance tonight and will consider it if it is on next week's agenda. He preferred moving forward toward a permanent solution because it is the only way to protect homeowners. Council President Fraley-Monillas asked if passing the interim ordinance would stop the process moving forward to permanently fix the situation. Mr. Taraday answered no, the Planning Board hearings could continue on the anticipated schedule. Whether the Council adopts the ordinance tonight, the schedule for the permanent ordinance would remain unchanged. If the interim ordinance passes tonight, Council President Fraley-Monillas observed it would protect the condominium owners in the event of a tragedy such as an earthquake, fire, etc. Mr. Taraday explained, assuming there was a tragedy and an application to rebuild was submitted while the ordinance was in effect, the building could be rebuilt. He could not say what a banker would think of the ordinance. Council President Fraley-Monillas said if the ordinance isn't passed, the existing building could not be rebuilt. Mr. Taraday answered that was true but it appeared the Planning Board could have a recommendation soon. Council President Fraley-Monillas observed that could be more than a month; the interim ordinance would be a stopgap for citizens. Mr. Taraday said realistically the best argument for adopting the ordinance tonight is the hope that it will have an effect on a banker. If a condo had recently burned to the ground and was about to have an application submitted, this ordinance could help in that situation. Assuming that hasn't happened, the hope would be that the ordinance has an effect on a banker but he could not speak to that. Councilmember Buckshnis said she used to a banker and a regulator; things went out of control in 2008. Although some may call it false hope, she called it a leap of faith. One sentence is being added to grandfather the old buildings. She did not see any harm in approving the ordinance as a leap of faith to help bankers understand that the City is working on this. Councilmember Nelson commented this is not and either or proposition. The intent is to have a temporary interim ordinance while the normal process continues which could produce better an ordinance. The intent is not to rush the process and provide for a more deliberative process. COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADOPT THE INTERIM ORDINANCE, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN INTERIM ZONING ORDINANCE TO AMEND SUBSECTION 17.40.020(F) OF THE EDMONDS COMMUNITY DEVELOPMENT CODE, ENTITLED "NONCONFORMING BUILDING AND/OR STRUCTURES," DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS INTERIM ZONING ORDINANCE. Mayor Earling said he was troubled by this. The audience and elected officials are terribly concerned about this predicament; however, unless his Planning Department and Planning Director have a chance to read it, think about it, and react to it, he will veto the ordinance. He preferred to bring the ordinance back next week or refer the matter to the Planning Board rather than a kneejerk reaction. He respected the request by the citizens but was troubled the ordinance was distributed to the Council 40 minutes ago and with a request to approve it without an opportunity to read it. If the Council approves the ordinance, he guaranteed it will be vetoed and back to the Council next week. Council President Fraley-Monillas raised a point of order, stating Mayor Earling's threats were not appropriate on the dais toward the Council. This is a Council decision; Mayor Earling can do whatever he wants, but he may not threaten the Council. Mayor Earling said he was not threatening; he was simply informing what he will do. Edmonds City Council Approved Minutes April 16, 2019 Page 16 Councilmember Nelson said tried to bring it to the Planning Department, reaching out to Ms. Hope on Monday regarding his interest in pursuing an interim ordinance and sharing the draft with Mr. Lien this afternoon. Councilmember Teitzel said he continued to be troubled by the process. This issue came to PSPP Committee last Tuesday evening; if Councilmember Nelson had a significant concern, an ordinance could have been drafted Wednesday and included in the Council packet. He concluded voting tonight was not responsible and he will be voting no. UPON ROLL CALL, MOTION FAILED (3-4), COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBERS NELSON AND BUCKSHNIS VOTING YES; AND COUNCILMEMBERS JOHNSON, TEITZEL, MESAROS AND TIBBOTT VOTING NO. Mayor Earling declared a brief recess. 9. STUDY ITEMS PARKS IMPACT FEE ANNUAL FINANCIAL REPORT Finance Director Scott James • In 2013, the City began collecting Park Impact Fees to help pay for park projects needed to serve new growth and development • The City began collecting Park Impact Fees in a phased approach, initially collecting 50% in October of 2013 and phasing to 100% in October 2014 • The City collects fees for single family dwellings, multi -family dwellings, and commercial buildings • City Code Section 3.36 states that the Impact Fees "Shall be used for public improvements that will reasonably benefit new development" o Examples Include: ■ Community Garden ■ "Off Leash" parks Increasing waterfront access ■ Increasing connectivity (bike lanes, trails) w Civic redevelopment, adding amenities, restrooms, accommodating growth • Park Impact Fee Financial Report Year Beginning Balance Revenue Expenditure Ending Balance 2013 -- $ 2,934 $ -- $ 2,934 2014 $ 2,934 $ 203,503 $ -- $ 206,437 2015 $ 206,437 $ 129,340 $ -- $ 335,777 2016 $ 335,777 $ 396,176 $ -- $ 731,953 2017 $ 731,953 $ 497,622 $ -- $1,229,575 2018 $1,229,575 $ 151,753 $ -- $1,381,328 Total $1,381,328 $ -- 2019 Budget Year Beginning Balance Revenue Expenditure Ending Balance 2019 $1,381,328 $588,900 $1,970,228 2019 $1,970,228 $1,100,000 Waterfront Redevelopment $870,228 2019 $870,228 $ 500,000 Civic Field $370,228 Edmonds City Council Approved Minutes April 16, 2019 Page 17 Councilmember Buckshnis expressed interest in Council being more involved in the future regarding how these funds are used. She acknowledged they were addressed in the CIP/CFP and during presentations regarding the Waterfront Redevelopment. Parks & Recreation Director Carrie Hite explained park impact fees are restricted to new growth and development. It is beneficial to collect the fees over multiple years because they are usually used to fund larger capital projects and cannot be used for things like park maintenance. There have not been any park impact fees programmed since 2013 in an effort to save toward larger projects. Fund 332, the Park Construction Fund, includes grant funds and park impact fees. Councilmember Buckshnis agreed with using park impact fees for the Waterfront Redevelopment and Civic Park, but was interested in the Council having more input in the future. Ms. Hite agreed, advising park impact fee are presented as part of the CIP. Councilmember Teitzel asked if projects like Bartell that take advantage of Multi -Family Tax Exemption are also exempt from park impact fees. Ms. Hite answered no, there are only certain exceptions in the Park Impact Fee code in Chapter 3.36 related to nonprofits and affordable housing. Councilmember Johnson said traffic impact fees must be used within six years or returned. She asked if there was a similar restriction on park impact fees. Ms. Hite advised park impact fees must be used within 10 years. 2. NEW BUDGET IN BRIEF Finance Director Scott James explained the Budget in Brief was created to provide financial transparency and an awareness of the City's budget. He thanked Dave Rhode, GIS Analyst, and Carolyn Douglas and other staff who reviewed the document. The Budget in Brief summarizes the City's 180 page report which the average person may not read. The hope is by designing a simple, quick overview of the budget, more citizens may read it. Mr. James highlighted sections of the Budget in Brief: • Message from the Mayor • City of Edmonds at a Glance • City Officials • Developing the City's Budget • 2019 Budget Highlights • Where the Money Comes From • Where the Money Goes ■ The City's General Fund • Capital Projects • Tax and General Fund Comparisons to Neighboring Cities ■ Economic Impacts. 3. CRITICAL AREAS ORDINANCE REPORT Environmental Program Manager Kernen Lien ■ Critical area Biannual Report #5 o ECDC 23.40.055 The director will provide a report to the city council during the first and third quarter each year, summarizing critical area decisions that have been made since the previous report. The report will include information such as the number and type of critical area decisions that have been made, including information on buffers and enhancements approved for each applicable decision, a description of each approved restoration project, and other information specifically requested by the council following the previous report. Edmonds City Council Approved Minutes April 16, 2019 Page 18 Critical Area Determinations o Exhibit 1 contains spreadsheet of critical area determinations since September 2018 0 102 applications for critical area determinations since September ■ 62 "Waivers" Determinations ■ 40 "Study Required" Determinations ■ 2 Pending o Study Required 33 — Geo Hazard (erosion, landslide, and seismic) ■ 8 — Stream ■ 9 — Wetland a 2 — Frequently Flooded Critical area Development Review o Projects on site with a "Study Required" determination requires review for consistency with critical area regulations o Exhibit 2 contains critical area determinations on projects since the September 2018 report o Far right column contains details on the critical area review 0 41 project reviews associated with a study required since September 2018 o No interrupted buffer, buffer reduction or buffer averaging projects PLN20180071 — Shoreline Variance (17901 Vista Del Mar) o SMP Requires 50 -foot setback from top of bluff o CAO does not have a minimum setback (determined by geotech) o Shoreline Variance required to construct new residence 35 feet from top of bluff o Geotechnical report consistent with CAO required o Hearing Examiner forwarded a recommendation of approval to Ecology Councilmember Buckshnis recognized this report was difficult to compile; she appreciated Mr. Lien's effort and found it informative. She inquired about hazardous trees. Mr. Lien reviewed: • Hazardous tree removals o Allowed activity pursuant to ECDC 23.40.220.C.8.2 o Hazardous documentation required o Trees must be replaced at a ratio of 2:1 o Replacement trees must be native and indigenous Councilmember Buckshnis referred to a permit, "Top & maintain trees on a steep slope to comply with view easement." Mr. Lien said there were 1-2 tree cutting permits with that wording; they were near the Lynnwood Waste Water Treatment Plant in a development with a view easement from Lynnwood. The trees have been topped numerous times; once a tree has been topped, it is important to maintain it. The tree cutting permit described the maintenance activity. Councilmember Teitzel agreed the report was informative. He referred to Permit 20181348 "Upper and lower deck replacement. Work done prior to permit. Property contains critical areas." He asked if there was any penalty for doing the work done prior to obtaining a permit. Mr. Lien answered there are options open to the building official; the fee schedule allow the building official to choose to apply up to five times the application fee. That is generally only employed if someone knew they were doing something wrong; many times things like this are identified when the building inspector notices it when driving around. If it is an honest mistake, typically an increased fee is not assessed. If it is a repeat offender, the fee may be doubled or tripled. He did not know what fee was applied in this instance. 4. 2018 NON -REPRESENTED EMPLOYEE COMPENSATION STUDY Councilmember Mesaros distributed a packet of information that included: • A cover memo originally presented to the PSPP Committee on December 11, 2018 Edmonds City Council Approved Minutes April 16, 2019 Page 19 o Council has not taken action on several of the items in that memo • Existing City policy regarding non -represented employees • Summary of the directors and new recommended ranges • Background information regarding the summary sheet Councilmember Mcsaros explained two weeks ago the Council addressed salary issues for Non - Represented employees and approved a 3% COLA for non -represented employees. He reviewed the summary sheet that includes information regarding the Public Works Director, Community Services/Economic Development Director, Development Services Director, Finance Director, Human Services Director, Parks & Recreation Director, and Assistant Police Chiefs including information provided in December 2018 regarding existing and recommended ranges and updated with the 3% COLA. Staff's recommendation is approval of the new ranges. Councilmember Tibbott clarified the 2018 salary range is what the PSPP Committee looked at in December 2018. Councilmember Mesaros agreed and explained the 2019 salary range has been updated to reflect the 3% COLA the Council approved. Councilmember Tibbott observed the current salary ranges reflect the current directors' salaries. Councilmember Mesaros said their current salary compared to the range has not been identified in the past. HR Director Mary Ann Hardie advised the updated 2019 data reflects the actual salary. Councilmember Tibbott referred to the comparables and asked whether they were based on the city's size, the scope of the police force, number of employees, etc. Ms. Hardie said the 5.5 Non -Represented Employees Compensation policy specifies the labor market of Snohomish, King, Pierce and Thurston Counties, cities of population size comparative to Edmonds (approximately 41,960) and 10,000 above and below. That criteria identified the eight agencies that are closest in size. The comparables are solely based on the policy which is derivative of population only. Councilmember Buckshnis asked if the comps include vacation, car allowance, uniforms, shoes, etc. Ms. Hardie explained historically the study has included data sheets where the total cost of compensation is condensed. The appendix with the 2018 compensation study includes a comparison of vacation, etc. With regard to any extra items the directors receive, managers and directors receive three days of management leave and vacation as outlined in the ordinance. The Assistant Chief and Police Chief have a greater benefit package than other non -represented staff. Councilmember Buckshnis said Council did not have this as a decision package for consideration by the full Council. She advised $75,000 is not an audit finding for a city this size but if a $750,000 placeholder was included in the non -departmental, there would be issues with the auditor. She reiterated this was not vetted by the Council before it was included in the 2019 budget and therefore she would not support it. Council President Fraley-Monillas said reviewing what was presented has been ongoing for the last three months by a very part-time staff. After the City's presentation, she was prepared to present what she and Council Legislative/Executive Assistant Maureen Judge discovered in their own salary survey although she acknowledged it was not quite finished. Councilmember Teitzel suggested in the future the Non -Represented Employee Compensation Survey Summary include the proposed new salary range to make it easier to review and compare. Council President Fraley-Monillas said she was prepared to discuss this next week if the Council wants to review the City's proposal first. Councilmember Teitzel said it would be useful to see Council President Fraley-Monillas' proposal in print in preparation for next week. Edmonds City Council Approved Minutes April 16, 2019 Page 20 Councilmember Buckshnis reiterated in the future salary increases for directors or other non -represented employees needed to be included as a decision package and reviewed by committee and full Council. Council President Fraley-Monillas reviewed: • At the December 11, 2018 PSPP Committee, the HR Department introduced a Non -Represented Compensation Study with the Mayor's recommendation to increase the director's salary band because they are all at the top of their band, increase for two Assistant Police Chiefs and three employees with pay disparities. In addition, provide a one-time $500 per non -represented employee contribution to a health retirement account (HRA-VEBA). • Comparator cities for Edmonds are within 10,000 of Edmonds' population of 41,820 within the four -county Metro area • Positions for salary benchmark comparison o Public Works Director o Finance Director o Human Services Director o Parks & Recreation Director o Development Services Director o Community Services/Economic Development Director o Assistant Police Chiefs • Information included in the comparisons o Current salary including the COLA o Current salary range (needs to be adjusted to reflect the 3% COLA) o Mayor's proposal for an additional 5% o Cost o Comparator cities ■ Population ■ Salary range • Conclusion: City salaries for the six director positions, Police Chief and two Assistant Police Chiefs are within comparator -city range • State and County agency executive salaries for 2018-2019 to highlight positions with greater responsibility and scope of influence: o Governor Jay Inslee: $177,107 • Employees: 64,039 o WA State Treasurer: $144,679 o WA State Commissioner of Public Lands: $138,225 o Snohomish County Executive Dave Somers: $183,939 o Employees: Over 2,500 o Snohomish County Treasurer: $136,356 o Snohomish County Sheriff Ty Trenary: $168,021 • Council action on April 2, 2019 o Increased salaries for the three employees with pay disparities outlined in the Non -Represented Compensation Study o The Directors, Assistant Police Chiefs, among the 44 non -represented employees receiving a one-time $500 contribution to HRA-VEBA accounts and a 3% COLA • Recommendation o No compensation increases for Directors, Police Chief, or Assistant Police Chiefs at this time based on research on public employees o Reevaluate Director, Police Chief and Assistant Police Chiefs salaries and benefits in the next three year cycle for possible increases in 2022 Council President Fraley-Monillas advised their research has not been completed but was moved forward anticipating the addition of this agenda item. Edmonds City Council Approved Minutes April 16, 2019 Page 21 Councilmember Mesaros said while it is interesting to look at what elected officials in the State are paid, use them as salary comparators for non -represented employees was not within the policy. He was surprised that Lynnwood and Puyallup were not used as comparators since they were among the usual comparators. Council President Fraley-Monillas responded these are the usual comparator cities. She explained these are public employees, the City is not a private business where people can be compensated as one may wish. Councilmember Mesaros commented the data prepared by the Human Resources Department did not compare to the data Council President Fraley-Monillas presented. Council President Fraley-Monillas said that may be although she was not sure what he was referencing. Councilmember Teitzel referred to the recommendation for no compensation increases and asked if that included no COLA increases. Council President Fraley-Monillas said they should receive COLA increases. Councilmember Buckshnis agreed the numbers were different and said that was likely because the policy allowed HR to use compensation examples from the private sector. Council President Fraley-Monillas agreed the policy states that could be done but was unsure whether the Non -Represented Compensation Study did so. Councilmember Buckshnis said that aspect of the policy needs to be changed because people go into the public sector for public service. Ms. Hardie said the policy allows that but it is difficult to get data and it does not always compare. No private sector data was used as comparisons in the survey. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO EXTEND THE MEETING FOR 6 MINUTES. MOTION CARRIED UNANIMOUSLY. 10. MAYOR'S COMMENTS Mayor Earling had no comments. 11. COUNCIL COMMENTS Councilmember Buckshnis wished everyone a Happy Easter and advised this Saturday is Earth Day; there will be ivy pulls in City Park and County Park. She urged everyone to celebrate the earth and think about restoring it. Councilmember Tibbott advised the RFQ for the parking study was sent out this week. He was impressed with how comprehensive the RFQ was, going beyond the basic inventory. He asked Mr. Williams the cost to obtain additional information regarding underutilized areas of the City especially around Civic Field and recommendations about parking strategies in those areas and he indicated likely an additional $40,000- $60,000. Mr. James indicated there were funds available from sales tax revenue in the first quarter. Responses to the RFQ are expected by the end of the month and there may be reason to increase the amount originally budgeted for the parking study to study opportunities around the park. Councilmember Teitzel said the parking study is critical and needs to be done right. The City has been struggling with parking for a long time and it will get worse unless something proactive is done. He was supportive of studying parking in a comprehensive way that engaged residents and businesses early in the process and get all the ideas on the table for consideration. Councilmember Mesaros said he was intrigued and interested in the comments by Edmonds School Board Member Diana White about an indigenous peoples statement and asked Council President Fraley-Monillas to follow-up. Council President Fraley-Monillas advised it was already assigned to a committee for review. 12. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) Edmonds City Council Approved Minutes April 16, 2019 Page 22 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 10:05 p.m. V §I'V 0 #CX2504' Edmonds City Council Approved Minutes April 16, 2019 Page 23