01/07/2014 City Council
Edmonds City Council Approved Minutes
January 7, 2014
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EDMONDS CITY COUNCIL APPROVED MINUTES
January 7, 2014
The Edmonds City Council meeting was called to order at 6:30 p.m. by Mayor Earling in the Council
Chambers, 250 5th Avenue North, Edmonds.
ELECTED OFFICIALS PRESENT
Dave Earling, Mayor
Lora Petso, Councilmember
Strom Peterson, Councilmember
Joan Bloom, Councilmember
Kristiana Johnson, Councilmember
Adrienne Fraley-Monillas, Councilmember
Diane Buckshnis, Councilmember
ALSO PRESENT
Thea Ocfemia, Student Representative
STAFF PRESENT
Stephen Clifton, Community Services/Economic
Development Director
Phil Williams, Public Works Director
Roger Neumaier, Finance Director
Carrie Hite, Parks & Recreation Director
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Jana Spellman, Senior Executive Council Asst.
Jeannie Dines, Recorder
1. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present.
2. CONVENE IN EXECUTIVE SESSION REGARDING COLLECTIVE BARGAINING PER RCW
42.30.140(4)(b)
At 6:37 p.m., Mayor Earling announced that the City Council would meet in executive session regarding
collective bargaining per RCW 42.30.140(4)(b). He stated that the executive session was scheduled to last
approximately 30 minutes and would be held in the Jury Meeting Room, located in the Public Safety
Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials
present at the executive session were: Mayor Earling, and Councilmembers Johnson, Fraley-Monillas,
Buckshnis, Peterson, Petso and Bloom. Others present were City Attorney Jeff Taraday, Police Chief Al
Compaan, Assistant Police Chief Jim Lawless, and City Clerk Scott Passey. The executive session
concluded at 6:48 p.m.
Mayor Earling reconvened the regular City Council meeting at 7:03 p.m. and led the flag salute.
3. ADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED OFFICIALS
Snohomish County Councilmember Stephanie Wright administered the oath of office to Councilmember
Fraley-Monillas.
Mayor Earling administered the oath of office to Councilmembers Peterson and Johnson.
4. APPROVAL OF AGENDA
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January 7, 2014
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COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON,
TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED
UNANIMOUSLY.
5. APPROVAL OF CONSENT AGENDA ITEMS
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON,
TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda
items approved are as follows:
A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 17, 2013
B. APPROVAL OF CLAIM CHECKS #206030 THROUGH #206167 DATED DECEMBER
19, 2013 FOR $504,268.61 AND CLAIM CHECKS #206168 THROUGH #206316 DATED
DECEMBER 31, 2013 FOR $1,166,526.79. APPROVAL OF PAYROLL DIRECT
DEPOSIT AND CHECKS #60710 THROUGH #60724 FOR $446,416.70, BENEFIT
CHECKS #60708, #60725 THROUGH #60731 AND WIRE PAYMENTS OF $191,180.66
FOR THE PERIOD DECEMBER 1, 2013 THROUGH DECEMBER 15, 2013. APPROVAL
OF PAYROLL DIRECT DEPOSIT AND CHECKS #60732 THROUGH #60745 FOR
$453,567.56, BENEFIT CHECKS #60746 THROUGH #60757 AND WIRE PAYMENTS
OF $376,791.95
C. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM KYLE
BLACKWELL ($1,172.81), JACK LANUM (AMOUNT UNDETERMINED), AND
CLAIRE HEDMAN ($1,791.12)
D. APPROVAL OF WSLCB DECEMBER 2013 LIQUOR LICENSE RENEWALS
E. RESOLUTION THANKING COUNCILMEMBER LORA PETSO FOR HER SERVICE
AS COUNCIL PRESIDENT
F. APPROVAL OF BOND COUNSEL CONTRACT FOR AUTHORIZED REFUNDING OF
UTGO BONDS
G. AUTHORIZATION FOR MAYOR TO EXECUTE CONTRACT WITH PIONEER
CABLE, INC. IN THE AMOUNT OF $201,598 FOR THE CITYWIDE SAFETY
IMPROVEMENTS PROJECT AND AUTHORIZE A $22,400 MANAGEMENT
RESERVE FOR CHANGES OR UNFORESEEN CONDITIONS DURING
CONSTRUCTION
6. SELECTION OF COUNCIL PRESIDENT FOR 2014
Mayor Earling read the procedures for election of the Council President: Edmonds City Code Section
1.02.031 states the City Council shall elect a Council President and Council President Pro Tem at the first
Council meeting of each year. Unless the Council adopts a motion directing an alternative procedure,
nominations and elections of these offices will be conducted by the City Council’s customary voice vote
process. First, he will call for nominations. No Councilmember may nominate more than one person for a
given office until every member wishing to nominate a candidate has had an opportunity to do so.
Nominations do not require a second. After nominations are closed, he will call for the vote in the order
nominations were made. As soon as a nominee receives four votes, he will declare the Council President
elected and no votes will be taken on the remaining nominees. In the event a vote on any candidate results
in a 3-3 tie, he has been advised by the City Attorney that he is entitled to break the tie pursuant to RCW
35.A.12.100. Following the election of the Council President, he will conduct the election of the Council
President Pro Tem in the same manner.
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Councilmember Petso suggested not using the voice vote procedure but rather elect a new Council
President by ballot because under the voice vote procedure which an email from the City Attorney
indicated would apply unless the Council passed a motion authorizing a different procedure, voting will
be in the order of the nominations and would require Councilmembers to vote against the first candidate
nominated if they supported the second candidate nominated. She preferred the Council not vote against
any nominee but rather vote by ballot. According to Roberts Rules, voting by voice is used when an
election is not strongly contested and in her estimation, this has been a contested election. Further, it is
not generally a suitable method for electing the officers of organized societies and she considered the City
Council to be an organized society.
COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO
ELECT THE COUNCIL PRESIDENT FOR 2014 BY BALLOT. UPON ROLL CALL, THERE
WAS A TIE VOTE (3-3), COUNCILMEMBERS BLOOM, FRALEY-MONILLAS, PETSO AND
VOTING YES; AND COUNCILMEMBERS BUCKSHNIS, JOHNSON, AND PETERSON
VOTING NO.
Mr. Taraday advised Mayor Earling could vote to break the tie.
MAYOR EARLING VOTED NO, AND THE MOTION FAILED (3-4).
COUNCILMEMBER PETSO NOMINATED ADRIENNE FRALEY-MONILLAS FOR THE
POSITION OF COUNCIL PRESIDENT FOR 2014.
COUNCILMEMBER PETERSON NOMINATED DIANE BUCKSHNIS FOR THE POSITION OF
COUNCIL PRESIDENT FOR 2014.
There were no further nominations.
Councilmember Petso explained during her term as Council President, she owed thanks to many people
including Councilmember Fraley-Monillas who participated in Monday meetings with her and Mayor
Earling to discuss the upcoming Council meeting. Councilmember Fraley-Monillas performed her duties
during 2013 in an outstanding manner and should be the next Council President.
Councilmember Peterson commented although any Councilmember was qualified and deserving of the
position of Council President, he had great confidence in Councilmember Buckshnis’ ability to work well
with administration, staff and other Councilmembers. Having served as Council President himself, he was
aware the relationship between the administration and Council was crucial. Although he had confidence
in Councilmember Fraley-Monillas’ abilities, he felt Councilmember Buckshnis could lead the Council in
2014 in a very positive manner.
Councilmember Bloom relayed her reasons for supporting Councilmember Fraley -Monillas as Council
President; first, the custom established by Council that the Council President tends to be the most senior
person on the Council who had not been Council President previously and typically the Council President
Pro Tem was elected as Council President. Additionally, Councilmember Bloom explained in her two
years on Council, Councilmember Fraley-Monillas has always responded to her requests to discuss issues,
listened attentively to her opinions, never lectured or maligned her or criticized her position on any issues,
has been respectful and supportive even when they disagreed, and she has been very generous with her
time to assist her in understanding processes and issues.
Finally, Councilmember Bloom recognized the stress Councilmember Fraley-Monillas experienced
running for office while serving on the Council, made especially stressful because Mayor Earling chose to
endorse and actively support the candidate who was running in opposition to her. Despite this,
Councilmember Fraley-Monillas demonstrated a high degree of professionalism, integrity and an
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January 7, 2014
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astounding amount of grace in the face of the attacks from the opposition. Councilmember Bloom
summarized Councilmember Fraley-Monillas would be an excellent leader for the Council and for all
those reasons deserved to be appointed the new Council President.
UPON ROLL CALL, NOMINATION OF ADRIENNE FRALEY-MONILLAS FOR THE
POSITION OF COUNCIL PRESIDENT FOR 2014 RESULTED IN A TIE VOTE (3-3);
COUNCILMEMBERS BLOOM, FRALEY-MONILLAS, AND PETSO VOTING YES;
COUNCILMEMBERS BUCKSHNIS, JOHNSON AND PETERSON VOTING NO.
UPON ROLL CALL, NOMINATION OF DIANE BUCKSHNIS FOR THE POSITION OF
COUNCIL PRESIDENT FOR 2014 RESULTED IN A TIE VOTE (3-3); COUNCILMEMBERS
BUCKSHNIS, JOHNSON AND PETERSON VOTING YES; COUNCILMEMBERS BLOOM,
FRALEY-MONILLAS, AND PETSO VOTING NO.
Mr. Taraday advised Mayor Earling could vote to break the tie. Mayor Earling explained his primary
interest was a fully functioning government. If there were differences on the Council, he was hopeful the
sides could be brought together for a more positive working environment.
MAYOR EARLING VOTED IN FAVOR OF DIANE BUCKSHNIS, AND THE NOMINATION OF
DIANE BUCKSHNIS FOR THE POSITION OF COUNCIL PRESIDENT FOR 2014 CARRIED (4-
3).
City Clerk Scott Passey announced Diane Buckshnis was elected Council President for a one year term
ending with the first meeting in 2015.
7. SELECTION OF COUNCIL PRESIDENT PRO TEM FOR 2014
COUNCILMEMBER FRALEY-MONILLAS NOMINATED LORA PETSO FOR THE POSITION
OF COUNCIL PRESIDENT PRO TEM FOR 2014.
COUNCIL PRESIDENT BUCKSHNIS NOMINATED KRISTIANA JOHNSON FOR THE
POSITION OF COUNCIL PRESIDENT PRO TEM FOR 2014.
There were no further nominations.
UPON ROLL CALL, NOMINATION OF LORA PETSO FOR THE POSITION OF COUNCIL
PRESIDENT PRO TEM FOR 2014 RESULTED IN A TIE VOTE (3-3); COUNCILMEMBERS
BLOOM, FRALEY-MONILLAS, AND PETSO VOTING YES; COUNCIL PRESIDENT
BUCKSHNIS AND COUNCILMEMBERS JOHNSON AND PETERSON VOTING NO.
Councilmember Petso relayed she was remiss in failing to nominate Councilmember Bloom; based on
seniority and Councilmembers who had not yet served in a Council leadership role, Councilmember
Bloom would be ahead of Councilmember Johnson.
Council President Buckshnis recalled the issue of seniority was researched last year and there is nothing
in the code that addresses seniority.
UPON ROLL CALL, NOMINATION OF KRISTIANA JOHNSON FOR THE POSITION OF
COUNCIL PRESIDENT PRO TEM FOR 2014 RESULTED IN A TIE VOTE (3-3); COUNCIL
PRESIDENT BUCKSHNIS AND COUNCILMEMBERS JOHNSON AND PETERSON VOTING
YES; COUNCILMEMBERS BLOOM, FRALEY-MONILLAS, AND PETSO VOTING NO.
Mr. Taraday advised Mayor Earling could vote to break the tie.
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MAYOR EARLING VOTED IN FAVOR OF KRISTIANA JOHNSON, AND THE NOMINATION
OF KRISTIANA JOHNSON FOR THE POSITION OF COUNCIL PRESIDENT PRO TEM FOR
2014 CARRIED (4-3).
City Clerk Scott Passey announced Kristiana Johnson was elected Council President Pro Tem for a one
year term ending with the first meeting in 2015.
8. APPOINTMENT OF COMMITTEE REPRESENTATIVES FOR 2014
Committee Representative
Parks, Planning, & Public Works Councilmember Bloom and Position #6
Finance Committee Councilmembers Petso (Chair) and Johnson
Public Safety and Personnel Committee Councilmembers Peterson and Fraley-Monillas
Citywide Parking Committee Position #6 and Councilmember Peterson
Community Technology Advisory Committee Position #6
Community Transit Mayor Earling and Council President Buckshnis
(Alt)
Disability Board (Appointed by Mayor)
Economic Development Commission Councilmembers Johnson and Peterson
Highway 99 Task Force Councilmembers Fraley-Monillas and Johnson
Historic Preservation Advisory Commission Councilmembers Petso and Johnson
Lake Ballinger Work Group Councilmember Peterson
Lodging Tax Advisory Committee Position #6
PFD Oversight Committee Councilmember Petso
PFD Task Force Councilmembers Peterson and Petso
Port of Edmonds Councilmember Bloom
Regional Fire Authority Councilmembers Peterson and Petso and Mayor
Earling
SeaShore Transportation Forum Position #6
Snohomish County Emergency Radio System
Governing Board
Councilmember Peterson
SNOCOM Position #6
Snohomish Health District Councilmember Fraley-Monillas
Snohomish County Tomorrow Council President Buckshnis and Councilmember
Johnson (Alt)
Salmon Recovery – WRIA-8 Council President Buckshnis
Tree Board Liaison Councilmember Bloom
Council President Buckshnis advised the Finance Committee meetings will be moved back to the Jury
Room.
9. RESOLUTION APPOINTING A COUNCILMEMBER TO THE SNOHOMISH COUNTY
HEALTH DISTRICT BOARD
COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER
PETERSON, TO ADOPT RESOLUTION 1311, APPOINTING COUNCILMEMBER FRALEY-
MONILLAS TO THE SNOHOMISH COUNTY HEALTH DISTRICT BOARD. MOTION
CARRIED UNANIMOUSLY.
10. RESOLUTION APPOINTING A REPRESENTATIVE AND ALTERNATE TO THE SNOHOMISH
COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION
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Councilmember Petso observed the alternate last year was Councilmember Johnson and asked why it had
been changed. Council President Buckshnis responded it was changed at Councilmember Johnson’s
request.
COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT
BUCKSHNIS, TO APPROVE RESOLUTION 1312, APPOINTING MAYOR EARLING AS THE
REPRESENTATIVE AND COUNCIL PRESIDENT BUCKSHNIS AS THE ALTERNATE TO THE
SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION.
MOTION CARRIED UNANIMOUSLY.
11. AUDIENCE COMMENTS
Jim Hendricks, Edmonds, a resident on Sunset Avenue, relayed the residents on Sunset Avenue support
the new walkway but would like to have further discussion regarding its construction. He suggested
removing the sidewalk on the east side to widen the right-of-way and keep all pedestrian traffic on the
new walkway on the west side and bicycles on the east side away from pedestrians. The current situation
makes it difficult for residents to enter/exit their driveways. He questioned the survey that was done,
relaying a recent survey he had done found 80% of the sidewalk is on his property. He summarized
Sunset Avenue is a beautiful place and everyone should have an opportunity to enjoy it in a safe manner.
Dave Page, Edmonds, expressed concern with the dissention on the Council. He hoped the Council
could work together for a better Edmonds and stop the sibling rivalry.
12. PRESENTATION OF RESOLUTION THANKING COUNCILMEMBER LORA PETSO FOR
HER SERVICE AS COUNCIL PRESIDENT
Councilmember Buckshnis presented Resolution 1310 thanking Councilmember Petso for her service as
Council President during 2013.
Councilmember Petso thanked everyone who assisted during her term as Council President which
includes some members of the public, City staff and Council. She gave particular thanks to
Councilmember Fraley-Monillas who was a model Council President Pro Tem; she did not interfere
unnecessarily but was there for her when she needed assistance. She also thanked Senior Council
Assistant Jana Spellman for her assistance. She echoed Mr. Page’s comments regarding the importance of
the Council working together and ensuring the guiding principle of Council decisions is what is best for
the City.
13. UPDATE FROM THE EDMONDS SISTER CITY COMMISSION
Michelle Van Tassell, Chair, Sister City Commission (SCC), relayed the Commission has had a very
full, fun-filled, busy 2013. She introduced Michelle Rockstead, Student Representative. Ms. Van
Tassell described highlights of 2013:
Organization and Programs
o Rita Ikeda – Vice Chair
o Three vacancies
o Student Representative: Michelle Rockstead
Hosted 37 member adult delegation from Hekinan, Japan, marking 25 year anniversary of Sister
City relationship
o Cultural Fair
o Halloween Celebration
o Tour of Edmonds Community College International Program
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o Tour of Swedish Hospital Cancer Center
o Tour of Boeing
o Friendship Dinner (over 200 current and past local supporters of the Sister City program)
o Afternoon at Gallagher’s – brewed, bottled and labeled commemorative beer
Assisted in recruiting, interviewing and hiring of new Assistant English Teacher (AET)
Outreach
o Edmonds Historical Museum
o Friends of Edmonds Library
o Chamber of Commerce
o Both Rotary Clubs
o Floretum Garden Club
o Olympic Ballet
2014 Planning
o Student delegation July/August
o Cultural Event
o Funds building
Council President Buckshnis thanked the Sister City Commission for the great time the Hekinan
delegation had this year. She acknowledged the receipt of a very nice letter from the Commission
thanking her and her husband for their donation.
SCC Student Representative Michelle Rockstead explained her plans are to get more people involved
with the SCC especially student volunteers and assisting with the student delegation going to Hekinan in
July and the student delegation from Hekinan in August. She also plans to develop a slideshow to assist
with recruiting student volunteers and future student representatives and making connections with student
volunteers, especially Kamiak High School students.
Mayor Earling commented on his participation in the adult delegation to Hekinan and with the delegation
that visited Edmonds from Hekinan, noting the SCC is an extraordinary working committee. He thanked
the SCC for the remarkable work they do.
Councilmember Johnson thanked the SCC for a wonderful cultural exchange, remarking she was not sure
whether she enjoyed the Halloween party or the Friendship Dinner more.
Ms. Van Tassell advised there are three openings on the SCC. She agreed the SCC had nine very strong,
dedicated and devoted Commissioners. She recognized Beth Ferman and Kay Vreeland in the audience.
14. PLANNING BOARD QUARTERLY REPORT
Planning Board Member Val Stewart advised she is the outgoing Vice Chair; Todd Cloutier is the 2014
Chair and Neil Tibbott is the Vice Chair. The Planning Board meets on the second and fourth Wednesday
of each month at 7:00 p.m. in Council Chambers unless otherwise noted. Meetings are open to the public
and citizens are highly encouraged to attend so that concerns and comments are addressed early on and
incorporated into the Planning Board’s discussions before making recommendations to City Council.
The Planning Board is a group of volunteer citizens who review findings, research, conduct public
hearings and discuss matters related to land use. The Planning Board serves in an advisory capacity to the
Mayor and City Council in regional and local planning issues and ultimately forwards recommendations
to the City Council for consideration. Ms. Stewart provided highlights of recent meetings:
1. Public Hearing on Capital Facilities Plan (CFP) Element update for 2014-2019 to City’s
Comprehensive Plan and the Capital Improvement Program for 2014-2019 (9/25/13).
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CFP is mandated by GMA and is intended to identify longer-term capital needs (not
maintenance) to implement the City’s level of service standards and growth projection. The
Capital Improvement Plan (CIP) is used as a budgeting tool and includes both capital and
maintenance projects.
Proposed updates in the CFP include improvements, additions, upgrades or extensions of City
infrastructure such as transportation, parks, and stormwater along with other public facilities
necessary to implement the City’s Comprehensive Plan.
Planning Board recommended that these two plans be forwarded to Council for consideration
and a public hearing was held before Council in November.
2. Work session and public hearing on whether to include a definition of “reasonable economic” use
within the City’s Critical Area Regulations (9/25/13, 11/13/13).
Council adopted Interim Ordinance 3931 in July which deleted the definition of “reasonable
economic use” from the Critical Areas Ordinance (CAO).
Planning Board recommended the first sentence in the definition be retained as it provides
some direction to property owners by telling them that the applicable state and federal
constitutional provisions would apply.
The City intends to hire a consulting team to thoroughly review the City’s existing CAO an d
its consistency with BAS and current State policies at the end of this year.
3. Two work sessions on proposed amendments to Title 23 of the Edmonds Community
Development Code to bring the Critical Area Regulations into consistency with Best Available
Science (9/25/13, 11/13/13).
Discussed potential buffer enhancement in exchange for allowing development within the
already developed footprint and within areas physically separated and functionally isolated
from the critical area.
Held a public hearing on a Council adopted interim ordinance (8/14/13) followed by a
lengthy discussion (08/28/13). Purpose of the interim ordinance was to bring existing CAO
into more consistent compliance with the Best Available Science (BAS) Report that was
developed with the 2004 CAO Update.
In light of two pending projects, a conflict in language between the BAS and the CAO was
discovered. The discrepancy had to do with how development in previously developed
buffers is characterized in the BAS Report which talks about “developed footprint;” whereas
the CAO limits it to “structures” as opposed to “development within a previously developed
footprint.”
Discussion topics included development thresholds, definitions, enhancement ratios and
enhancement requirements (such as stormwater and low-impact development and planting
and/or removal of vegetation to promote wildlife habitat restoration) as well as monitoring
performance and maintenance of enhancement installations.
The overall intent of the CAO is to allow minor improvements in exchange for improving the
situation through enhancement over time. The interim ordinance expires after six months, and
the proposed amendments would make the changes permanent until the next CAO review.
The City updates its CAO in 2015 as required by GMA. In the meantime, Planning Board is
continuing its discussions and will return to Council with recommendations on specific
language for the proposed amendment to the CAO based on the interim ordinance under
review.
4. Public Hearing on proposal to limit certain office uses from locating in business spaces along
designated ground floor street frontages within the Downtown Business (BD1-Downtown Retail
Core) Zone (10/9/13).
In June 2011, after extensive discussions, the Planning Board forwarded recommendations to
Council limiting uses on the ground floor of designated street fronts in the BD -1 zones.
Aspects of this proposal had been first considered by City Council and then by the Economic
Development Commission, over the past two plus years. Planning Board recommendations
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have been forwarded to Council along with a notation to specifically consider the 90 -day vs
180-day timeframe for nonconformance.
Public hearing tonight following this report, to allow any additional public comment for
Council consideration.
5. Study session and public hearing regarding AT&T Mobility and the Busch Law Firm’s
application to amend the Edmonds Community Development Code (10/9/13, 12/11/13).
This addresses the legal status of existing wireless communication facilities that were built
prior to and just after adoption of Edmonds’ original wireless ordinance. AT&T Mobility
brought this specific site issue forward at the August 14, 2013 Planning Board meeting. A
wireless facility located on a downtown building is currently unpermitted.
After reviewing all possible alternatives, AT&T Mobility was advised to apply for a code
amendment to allow legal nonconformity of the existing facility at that site.
A public hearing was held on clarifications to Wireless Telecommunication Facilities
regulations in ECDC 20.50 and 17.40.020. The public hearing was extended to January 8.
6. Discussion on potential issues related to I-502 (Cannabis) implementation in Edmonds (10/913).
On August 20, City Council adopted Ordinance 3938, establishing an immedia te emergency
moratorium on all marijuana related business activities. The moratorium expires in February.
The issue is divided into two categories: medical marijuana and recreational marijuana. The
purpose of the moratorium is to allow the Washington State Liquor Control Board an
opportunity to complete its rule-making for the licensing of such uses and to allow the City to
study the secondary land-use impacts and come up with appropriate regulations when the
state starts issuing licenses for the production, processing and retail sales of recreational
marijuana this spring. Edmonds was allocated two recreational marijuana retail sales
locations.
City Council discussed marijuana issues on September 3 and asked Planning Board to
continue working on this issue. Planning Board discussed related issues at October 9 meeting.
Planning Board will have another work session on 1-502 Implementation on January 8, and a
public hearing is scheduled for February 12.
7. Park Update Report (10/23/13)
Parks and Recreation/Cultural Services Director Carrie Hite reported on the progress of the
Parks, Recreation, and Open Space Plan (PROS). The City hired MIG, Inc. to assist staff in
updating the PROS Plan as well as the Community Cultural Plan; work started June 2013.
The consultants visited all of the parks, recreation, and cultural facilities and programs,
particularly noting their condition and capacity. Consultant also reviewed the City’s current
operating and capital funding for parks. A Needs Assessment was created along with
geographic mapping to determine Level of Service. There has been extensive public process.
A team was assembled, including many citizens, to provide input and guidance which has
culminated in a draft that is now in the 60 day review period. It is curren tly posted on the
website for comment before being finalized in February. Board member Lovell and Stewart
are on PROS team. The goal is to have the plan finalized and adopted by March 1. There will
be a public hearing first before Planning Board and then before City Council.
8. Reviewed Park Naming Policy (10/23/13)
Ms. Hite provided research from numerous jurisdictions to inform discussion. Board is
reviewing specific language in the Park Naming Policy and striving to come up with more
clear guidelines that include cultural services and recreation facilities. Naming rights with
conditional dollar donations were also discussed. Current policy for Park Naming involves
the public, Planning Board and City Council. Changes to the Park Naming Policy require a
public hearing before the Board and a recommendation to City Council.
City Council is scheduled to hold a public hearing on January 22.
9. Two Work sessions on Westgate plan and form based code. (11/13/13, 12/11/13)
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Presentations and discussions of the Westgate Plan started in 2012. Two more work sessions
occurred in November and December of 2013.
Purpose of work sessions was for the Board to review the overall approach proposed by staff
and provide feedback on three sets of plans and code changes:
o Comprehensive Plan Changes
o Code Changes to Implement the Westgate Study
o Design Standards for the Westgate Mixed Use District
A public hearing on the Westgate Plan and Form Based Code is tentatively scheduled for
February 12, 2014.
Ms. Stewart offered special thanks to an exceptional staff and directors who work very hard to carry out
the direction of the Council and Mayor who also give so much of their time, energy, and expertise to
ensure Edmonds has an economically and environmentally sustainable future for all sectors of the
population. She also thanked the citizens of Edmonds for their participation, noting without their input the
City would not be aware of their needs and desires and therefore would not be motivated to act on them.
She urged citizens to continue to be involved and attend Planning Board meetings.
Council President Buckshnis expressed her appreciation for the work done by the Planning Board. She
was hopeful there would be more collaboration this year to avoid issues becoming stalled.
Councilmember Johnson thanked the Planning Board for providing the Council a quarterly report. She
also thanked Ms. Stewart for her service as the Planning Board Vice Chair.
15. PUBLIC HEARING AND POSSIBLE ACTION ON PLANNING BOARD RECOMMENDATION
TO LIMIT CERTAIN OFFICE USES FROM LOCATING IN BUSINESS SPACES ALONG
DESIGNATED GROUND FLOOR STREET FRONTAGES WITHIN DOWNTOWN BUSINESS
(BD1 - DOWNTOWN RETAIL CORE) ZONE (FILE NO. AMD20130013)
Community Services/Economic Development Director Stephen Clifton explained this proposal has been
discussed by the City Council, Planning Board and Edmonds Economic Development Commission
(EDC) since early 2011. The Planning Board packet contains six documents related to a proposal to limit
certain office uses (primarily by appointment businesses) along designated ground level street frontages,
the first 45 feet measured from the sidewalk or open space (plaza/park, etc.) within the Edmonds
Downtown Core or BD1 Zone:
1. A document entitled, “Creating Economic Vitality - An Edmonds City Center That Is
Economically Strong, Thriving, Lively and Social” that addresses limiting certain office uses in
ground floor street frontages within the BD1 zone. The overview of the proposal contains a
summary, introduction, and references to City documents, and various reasons cited by Roger
Brooks for supporting the proposal.
2. A Chronology of Events (2.75 year long process) with links to agendas and minutes
3. A map depicting the boundaries of the BD1 Zone
4. An inventory Cindi Cruz and he conducted in response to a May 13, 2013 meeting with owners of
property within the BD1 Zone
5. Minutes from the November 4, 2013 City Council meeting and October 9, 2013 and September
11, 2013 Planning Board meeting.
6. Comments from four individuals supporting the proposal (two own property within the BD1
Zone).
Mr. Clifton explained this issue has been raised in part as a result of past conversations with property
owners and some leasing agents and in looking at what other cities are doing to create a stronger
retail/entertainment core. Additionally, the concept or goal of creating a stronger retail core in Edmonds
goes back to at least 2006. Goal 2, Policy 2i of the 2006 adopted Edmonds Economic Development Plan
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states: “Create synergy for commercial businesses where possible, for example, by implementing a “retail
core” area in the downtown.” Another way to phrase this is how does our community open up more
opportunities for retail, dining, specialty shops, entertainment venues and galleries within a concentrated
area?
Downtown land use goals and strategies for many downtown areas incorporate four prominent themes: A
Central Gathering Place; Sense of Place; Connectivity; and Density (varying degrees). To achieve these
objectives, downtowns need economic development/vitality, safety, housing, businesses, and tourism; a
vibrant open door retail/service core helps advance these objectives.
With regard to a Central Gathering Place, Mr. Clifton explained retail/restaurants/and open door service
uses, particularly independently owned, add to Edmonds’ distinctiveness because it is the most visible
element within the downtown core of Edmonds. Edmonds’ unique downtown character is defined by the
diversity and concentration of complimentary commercial uses that generate pedestrian activity and a
lively social environment that, in turn, sustain a mix of uses. Creation of a critical mass of this type of
activity also helps to increase the drawing power of the central area commercial retail sector. By
appointment office uses have the ability and flexibility to open in more locations within commercial
areas; uses such as retail stores, restaurants, art galleries, etc., have limited business spaces/stock and
thrive best when there is a concentration of similar uses.
This message is consistent with information provided by Mr. Brooks in November 2012 when he spoke
about the “20 ingredients of an Outstanding Downtown.” Two of those ingredients relate to how
clustering of like-businesses works and the power in critical mass. Mr. Brooks pointed out a City can
spend millions of dollars on beautification, public parking, street trees, facade improvements, and a host
of other amenities, but while this helps improve the physical environment, a downtown can still be
lifeless. What makes a downtown work as a community center and gathering place is what's happening
inside the buildings. A beautiful streetscape with no street activity is often due the lack of businesses
along the streetscape that attract people.
With regard to public safety/less activity, Mr. Clifton commented office uses typically close in the early
evenings and weekends, thus creating less lively and darker streetscapes. The resulting impression of the
area is that it is not inviting, thriving, interesting, or friendly to walk around. A healthy retail core is also
important for maintaining safe streets in central cities. According to Crime Prevention through
Environmental Design (CPTED), businesses on the ground floor provide “eyes on the street” and deter
criminal activity. Retail, restaurants, art galleries, etc., stay open for longer periods of time than office
uses, thus providing more activity on the street beyond 5:00 or 6:00 p.m.
This proposal is expected over time to help create a more concentrated “festival retail” enviro nment that
does not close up at 5:00 or 6:00 p.m., a downtown core that invites people to hang out and enjoy the
environment later into the evening whether it’s for shopping, dining, drinking, or attending other events.
Retail/restaurants/galleries/service uses can also help stimulate housing and business development within
downtown areas as they often provide essential services to city residents. This can be partially attributed
to the vibrancy that these uses add to downtown streets.
With regard to tourism, a strong retail/restaurant/gallery/entertainment core helps attract shoppers and
tourists. Tourists invest significant amounts of money into city, county and state economies; in fact,
tourism is the fourth largest industry in Washington State. Within Snohomish County, tourism is the third
largest industry and expenditures are concentrated on restaurants, retail stores, recreation and
entertainment, accommodations and groceries. Tourism supports businesses and their employees.
Downtown Edmonds is home to many independent retailers and restaurants, so when tourists are
shopping downtown, they are supporting the growth of smaller independent businesses. Conversely,
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negative fluctuations in the retail market, e.g. absence of a critical mass, can result in vacant storefronts
thus affecting the street environment and eventually weakening the vitality of the downtown core.
Therefore, retail/active service uses are a critical part of sustaining the health of downtowns.
A city and business community can help and should orchestrate the business mix – expressing support to
establish a retail/dining/entertainment or “festival retail” core helps guide the types of businesses to
recruit. This applies to the City, Chamber, Landlords and Leasing Agents. If there is no c oncerted effort
to fill spaces with certain uses, there is less incentive/motivation to search for the types of activities or
businesses that would help increase the drawing power of the central area commercial retail sector. It can
sometimes be easier to lease to a tenant that will not add to the commercial vitality of the
retail/restaurant/art gallery/boutique/service business core.
Mr. Clifton referred to the 20 ingredients of an outstanding downtown cited by Mr. Brooks, highlighting
ingredients that tie directly to this proposal:
Nearly all begin with a plan
Defining a strong brand and retail focus
Starting with a demonstration project
Developing gathering places
Sidewalks and cafes and dining
Investing heavily in retail beautification (Paint the Town)
Activities and entertainment
Mr. Clifton highlighted significant milestones in the chronology:
Proposal unanimously supported by the EDC on June 13, 2013
Hosted two meetings with owners of property within the BD1 Zone (5/13/13 and 9/4/13)
o At May 13 meeting, preliminary support was expressed by several individuals and others
wanted to discuss this issue further; no one expressed opposition to the proposal.
o A request was made for the City to conduct an inventory of what businesses currently exist
along designated ground level street frontages in the Edmonds downtown core which was
prepared and presented at the second meeting with property owners
o At September 4 meeting, property owners were given an opportunity to ask questions. No
statements opposed to the proposal were made and general support was expressed by those
attending the meeting
Mr. Clifton provided Roger Brooks’ Ten Ten Ten Rule: in a minimum of 3 lineal blocks there needs to be
ten places that sell food, ten places that serve as destination retail, and ten places open after 6:00 p.m. Mr.
Clifton reviewed similar provisions in other cities such as Kirkland; Escondido, California; Minneapolis;
Encinitas, California; Walnut Creek, California; and San Luis Obispo, California, to restrict service
office/uses within the retail core.
Mr. Clifton referred to an inventory of downtown Edmonds that identifies businesses that would be
impacted by the proposal. He clarified this proposal does not require any existing business to leave. Only
when owners choose to vacate certain business spaces would the business spaces need to be filled with an
allowable use. Owners would have the ability to fill the vacated space with a use similar to the one that
left, if it is done within 180 days or six months from the date a space is vacated.
On September 11, and October 9, 2013, the Planning Board conducted a workshop and public hearing
respectively. The table in Attachment 1 reflects staff’s proposal as well as the Planning Board’s proposed
amendments. During the November 4, 2013 City Council meeting, an overview of the proposal was
presented and the Council asked questions about the proposal. During that meeting, he presented language
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in Section 16.43.010.B that addressed issues related to buildings such as 543 Main Street that have
multiple tenants on the first floor, but only one entrance:
Exception to the BD1 GSFS - The owner of a building in the BD1 zone may apply for an
exception from the restrictions on offices and medical uses within the designated street front f or
leasable space meeting all of the following criteria:
1. The space is less the 500 square feet;
2. The space does not contain direct access to the street or sidewalk;
3. The previous use was a nonconforming use (e.g. not retail); and
4. The space has been vacant for a period of more than six months.
On November 4, 2013 the City Council discussed the Planning Board’s recommendation to support the
proposal and requested a public hearing be scheduled as soon as possible. Mr. Clifton referred to
questions he has received related to real estate offices. He clarified real estate offices are an allowed use
under this proposal.
Councilmember Fraley-Monillas asked Mr. Clifton to explain why real estate offices are an allowed use.
She visits Walnut Creek annually and finds it very walkable and inviting. Mr. Clifton commented Walnut
Creek has branded their core, The Walnut Street Collection. With regard to real estate offices, Mr. Clifton
explained some cities allow them and some do not; real estate offices are considered a walk-in type
business. The intent of this proposal is to allow open door, walk-in businesses in the core.
Mayor Earling opened the public participation portion of the public hearing.
Dave Page, Edmonds, described his plans eight years ago to move his real estate, mortgage, escrow and
building companies downtown first by leasing space in Old Milltown and later an offer to purchase Old
Milltown. He eventually did not purchase Old Milltown because the cost of remodeling was too high.
Had he purchased Old Milltown, his offices would be located there today.
Fred Gouge, Edmonds, a licensed real estate broker with Coldwell Banker at 5th & Main, explained
Coldwell Banker has a lot of walk-in clientele. They inform people about Edmonds, distribute maps,
support many community events, generate revenue, and spend thousands each month advertising and
marketing Edmonds. As a commercial broker, one of the properties he leased would no longer be an
allowed use. He encouraged the Council to consider the impact on property owners of changing the
allowed uses. He also commented on the effect moving service businesses to the upper floor stories or
outside the core would have on seniors as many of the second floors in downtown core buildings are not
ADA accessible.
Wayne Purser, Edmonds, a local realtor at Coldwell Banker Bain at 108 5th Avenue South, commented
their location downtown provides a sense of local community. As a real estate company, they provide
community knowledge for people buying and selling real estate and inform about market trends, local
schools, etc. They distribute approximately 2,000-3,000 maps of Edmonds downtown and waterfront
businesses. They also distribute the Guide to Edmonds, host a Halloween Extravaganza the Sunday before
Halloween that brings 150-200 people to Edmonds, Halloween pictures, Santa photos, and provide free
wall space for artists for the Third Thursday Art Walk. Many agents volunteer at community events
including manning the buses for the Taste of Edmonds, volunteer for non-profits, the Sister City
Commission, Edmonds Community Foundation, Floretum Garden Club Board, Petanque Club and
Edmonds in Bloom. For these reasons, he supported real estate offices as an allowed use in the downtown
core.
Greg Hoff, Edmonds, advised he attended Mr. Clifton’s informational meeting and was generally
supportive of the proposal. He commented on the importance of balancing the City’s needs with the needs
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January 7, 2014
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and desires of property owners. Changing allowed uses via regulations is not necessaril y fair to all
property owners who have invested a great deal in their income properties. He pointed out if the
regulations result in lower lease rates, it was similar to a tax on the property owne r and an unintended
consequence. He agreed real estate offices were a walk-in, 24/7 Chamber of Commerce for the City. He
owns property in the BD1 zone that is leased to a real estate company; the 75 people who work there live,
work and play in Edmonds and in 2013 generated over $260 million in real estate transacti ons and $4.6
million in REET.
Don Hall, Edmonds, referred to a photograph he emailed to the Council of a bank that located in a large
retail space at the corner of 34th & Freemont, relaying his concern that could happen at 5th & Main in
Edmonds. He supported allowing real estate offices because they present an interesting storefront that
encourages pedestrians to walk in the core. He was opposed to allowing banks and/or insurance
companies in the retail core because they do not present an interesting storefront. He invited the Council
to consider how they wanted downtown to look, what they wanted to see in the storefronts and what
would encouraged them to walk in this 5-6 block area. He did not think services businesses located one
block outside the core on the ground level would be inconvenient. He thanked Councilmember Petso for
her emails regarding what businesses should be allowed.
Tom Sheehan, Edmonds, owner of 523 Main, said he was generally in favor of the concept. Five years
ago before he rented the space to The Fabric of Life, he rejected several proposals from service businesses
because that was not the type of business that belonged on Main Street. The Fabric of Life is leaving the
space and he is searching for another unique business to bring p eople to Edmonds. He supported the
concept of retail-type businesses on Main Street and 5th Avenue in the downtown core rather than service
businesses.
Bruce Witenberg, Edmonds, speaking as a citizen, expressed his support for economic vitality by
creating an Edmonds City Center that is economically strong, thriving, lively and social and said the
Council can create such as a center by supporting the Planning Board’s recommendation. The City’s
Economic Development Plan offers support for the Planning Board’s recommendations. This proposal
provides an opportunity for clustering and synergy as was described during Roger Brooks’ November
2012 presentation. The Planning Board and EDC unanimously support the concept of limiting office uses
on designated street frontages in the first 45 feet in the BD1 zone. He commented on the EDC’s field trip
to Kirkland where they observed the positive effects of limiting office uses on the ground floor in the
downtown core. He also commented on property owner’s interest in the concept at Mr. Clifton’s May 13
meeting with property owners. The proposal has been under consideration for over 2½ years; he urged the
Council to support the Planning Board’s recommendation.
Hearing no further comment, Mayor Earling closed the public participation portion of the public hearing.
Councilmember Johnson expressed support for the concept as recommended by the Planning Board and
EDC.
COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT
BUCKSHNIS, TO DIRECT STAFF TO WORK WITH MR. TARADAY TO PREPARE AN
ORDINANCE FOR FUTURE ACTION.
Councilmember Johnson explained she was on the Planning Board in March 2011 when this discussion
began. She thanked Mr. Clifton for his tenacity, patience and deliberative process. She pointed out the
proposal includes a recommendation to consider it again in a couple years and make adjustment if
necessary.
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January 7, 2014
Page 15
Councilmember Fraley-Monillas referred to the public comment from members of the real estate
community and asked Mr. Clifton whether the proposal meets t heir needs. Mr. Clifton responded it will
meet their needs; the table in Attachment 1 indicates real estate offices are an allowed use.
Council President Buckshnis observed there are 12 businesses on the list that could eventually change.
She asked whether the reason some massage therapists were not on the list was due to their proximity to
the street. Mr. Clifton answered yes, the proposal applies only to the first 45 feet. Council President
Buckshnis agreed with the comments from Coldwell Banker realtors, noting when she visits different
cities, she often looks at the photographs of real estate for sale.
In response to Councilmember Fraley-Monillas’ comment, Mr. Clifton referred to a clarifying note on
page 8 of Attachment 1, that states, Open door businesses, e.g., real estate offices, banks (with tellers and
no drive throughs), nail and hair salons are allowed uses.
Councilmember Petso recalled at the November 4 Council meeting Mr. Clifton indicated the EDC did not
have a consensus with regard to real estate offices or banks. She supported reviewing this regulation
periodically to ensure it is serving the City’s needs. She referred to a December 26, 2013 article regarding
McCall, Idaho, that states, “Another recommendation of the new downtown plan is to eliminate
restrictions on professional offices on ground floors facing the street. The current restriction is intended to
encourage retail space facing the street but downtown offices are now considered sources of customers
for shops and restaurants.” She referred to the comments regarding ADA accessibility and property rights,
noting those are issues that should be monitored. Mr. Clifton referred to page 5 of Attachment 1 that
recommends a reevaluation of the ordinance within 2-3 years. He noted changes may not occur for some
time as it will depend on when a business space is vacated.
Councilmember Peterson was glad to see this proposal coming to fruition. He recognized the work done
by the Mr. Clifton, the Planning Board, EDC and Council. Although he was previously undecided about
allowing real estate offices, friends visiting from Sydney, Australia stopped at the real estate office to
pursue the photographs.
MOTION CARRIED UNANIMOUSLY.
16. DISCUSSION AND POTENTIAL ACTION ON ECC CHAPTER 2.10 REGARD ING
CONFIRMATION AND DUTIES OF CITY OFFICERS
City Attorney Jeff Taraday reviewed the unresolved issue related to the minimum number of candidates
the Council wants to interview in Section 21.10.010.D (choices are shown in brackets):
The mayor shall appoint, subject to council confirmation, the appointive officers. The city council
shall interview the top [two][three] candidates for each position prior to the mayor’s appointment,
PROVIDED that the city council may waive the [two][three]-interview requirement by motion
[adopted by a majority plus one of the full council] and may opt to interview as few as [one
candidate][two candidates] for any vacant appointive office. The mayor’s appointments to all
other employee positions shall not be subject
Mr. Taraday explained the above section specifies the number of candidates the Council wants to require
the Mayor present for interview and, when there is a deviation from that requirement, whether the
deviation should be a majority vote or a majority plus one.
Councilmember Fraley-Monillas observed the prior wording of this section was three candidates. Mr.
Taraday answered the current code states, “the city council shall interview the top three candidates for
each position prior to the mayor’s final selection.” He pointed out in practice that has not happened; when
the Council’s practice does not match the code, the code needs to be changed.
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Page 16
Councilmember Fraley-Monillas recalled during her four years on the Council, in the early years the
Council interviewed three candidates. She was uncertain how the Council began interviewing less than
three. Mr. Taraday answered the current code does not provide a procedure for the Council to waive the
three interview requirement.
Councilmember Fraley-Monillas observed there have been occasions when there are fewer than three
candidates for a position. She questioned how the code could require more interviews than the number of
candidates. Mr. Taraday answered that was the problem and the reason there needed to be a process for
deviating from the requirement in appropriate circumstances. Mayor Earling asked the difference between
applicants and candidates. For example there are 20 applicants for the Development Services Director;
likely not all of them will be candidates. Mr. Taraday answered a candidate is anyone applying for a
position. In the example Mayor Earling provided, the top three out of twenty would be interviewed. He
noted there may be instances when the Mayor will recommend the Council not interview three candidates.
The code should provide a way to deviate from the requirement without violating the code.
Council President Buckshnis recalled only one person was interviewed when the City hired former
Finance Director Shawn Hunstock, two when Ms. Hite was hired and three when Mr. Williams was hired.
Her concern in the past was the Council did not interview candidates, they only confirmed the Mayor’s
selection. She agreed with the code reflecting the Council’s direction on the number of candidates to be
interviewed and a waiver procedure.
Councilmember Fraley-Monillas recalled there were three applicants for the most recent Finance Director
position but only two candidates were referred to the Council for interview. Mayor Earling explained
three people were ranked; he would not have appointed one of the candidates and he made a decision not
to fly him in from out of state for an interview. Councilmember Fraley-Monillas did not agree with the
Council being in the interview process but if the Council is to affirm the appointment, there should be a
sufficient number to interview.
Councilmember Petso expressed support for retaining the requirement to interview three but allow a
waiver to two with a majority plus one of the full Council. That would allow conformance of pr actice to
the code while also ensuring, for the Council and the public, that there is a fair representation of the top
applicants for the job.
Councilmember Peterson observed there have not been three candidates interviewed for a number of
positions under different administrations. In the example Mayor Earling provided, two candidates were
far above the third; had the Council interviewed all three and selected number three, the Mayor would not
have hired that person. He reminded it is the Mayor’s job to do the hiring; the Council’s role is
confirmation. During the Public Safety & Personnel Committee’s discussions, his position was to have
the Council interview the top two or more candidates but to not limit the Mayor to two. He supported
code language that would allow that number to be reduced by a majority vote of the Council although he
was not opposed to requiring a super majority vote. He pointed out the Council refusing to interview only
one candidate for a critical director position and requiring the selection process to be restarted could be a
disservice to the City.
Councilmember Fraley-Monillas referred to the Council’s confirmation as a rubberstamp and asked why
the Council interviews candidates at all if the Council can only say yes or no and the Mayor makes the
final decision. Mr. Taraday answered confirmation is a significant power. He provided the example of
President Obama’s inability to appoint appellate court judges because the senate will not confirm because
of the filibuster. The Council has that same power to not confirm an appointment; the Mayor cannot hire
without the Council’s confirmation. He clarified this code section was about giving the Council
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January 7, 2014
Page 17
flexibility; the Council could allow itself the flexibility of interviewing as few as one candidate and still
not confirm that appointment.
Councilmember Fraley-Monillas commented if it is a true confirmation process, it would be better to have
more choices than less. In her 30+ years of experience in government, the appointing authority
consistently had a choice of three top candidates. She supported the Council interviewing three
candidates.
Councilmember Peterson philosophically disagreed with Councilmember Fraley-Monillas. The Council
can choose not to confirm the Mayor’s appointment but if the Mayor presents three candidates for the
Council to interview, the Mayor is not obligated to hire the Council’s choice. Mayor Earling commented
two Councilmembers were included in the Finance Director interview panel and he planned to do the
same for the Development Services Director position.
Councilmember Johnson did not recall a formal confirmation vote for the Finance Director. Mayor
Earling advised there was, it was a 6-1 vote.
COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS,
TO ASK THE CITY ATTORNEY TO BRING BACK AN ORDINANCE FOR ADOPTION WHICH
INCLUDES BRINGING THE TOP THREE CANDIDATES AND ALSO THE PROVISION THAT
THE COUNCIL MAY WAIVE THE TOP THREE CANDIDATES BY VOTE OF A MAJORITY
PLUS ONE TO AS FEW AS TWO CANDIDATES.
Councilmember Bloom thanked Mayor Earling for including Councilmembers in the interview process
for the Finance Director. She explained the intent was to hire directors that can work with everyone. She
recognized the importance of the Council’s role in confirming an appointment, pointing out the Council
can discuss candidates in executive session. The motion is a good compromise to requiring that the
Council interview three candidates as it provides a procedure for waiving that requirement.
COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT
BUCKSHNIS, TO AMEND THE MOTION THAT THE COUNCIL MAY OPT TO INTERVIEW
AS FEW AS ONE OR TWO CANDIDATES FOR ANY VACANT APPOINTIVE OFFICE.
Councilmember Petso did not support the amendment, commenting if there were not at least two people
to interview, it was not fair to the Council or the public. It also did not provide the public or the Council,
other than the Councilmembers on the interview panel, an opportunity to consider the other candidates.
Councilmember Bloom did not support the amendment, commenting she did not understand the rationale
for interviewing one candidate in front of the public.
Council President Buckshnis commented candidates were not interviewed on camera. She asked whether
that needed to be included in the code. Mr. Taraday answered yes if that was the Council’s intent.
Councilmember Bloom clarified she was not suggesting that change.
Councilmember Fraley-Monillas said if the Council only interviewed one candidate there was no purpose
in having a confirmation process.
Councilmember Peterson clarified his amendment retained the language that a super majority vote of the
Council would be required to option to interview as few as one or two candidates.
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January 7, 2014
Page 18
UPON ROLL CALL, THERE WAS A TIE VOTE (3-3), COUNCIL PRESIDENT BUCKSHNIS
AND COUNCILMEMBERS JOHNSON AND PETERSON VOTING YES; COUNCILMEMBERS
BLOOM, FRALEY-MONILLAS, AND PETSO VOTING NO.
Mr. Taraday advised Mayor Earling could not vote to break the tie.
AMENDMENT FAILED (3-3).
VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY.
Mr. Taraday advised those were the only matters the Committee had not reached agreement on.
COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT
BUCKSHNIS, TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE WITH
THE REVISIONS IN THE PACKET TO CHAPTER 2.10 AND AS APPROVED TONIGHT.
For Councilmember Bloom Mr. Taraday read 2.10.010.C:
If, on occasion of a vacant appointive office, the mayor elects to propose a reorganization of the
appointive offices which would alter the specifications of the vacant appointive office, he shall
have sixty days from the date of the vacancy to introduce a reorganization proposal to the city
council along with any necessary accompanying budget amendment. If reorganization is
proposed, recruitment to fill the vacant appointive office may be postponed until after the city
council acts upon the reorganization proposal.
Mr. Taraday explained this section recognizes the possibility when a vacancy occurs the mayor may want
to use that as an opportunity to rethink how the structure of his administration. If the mayor is considering
reorganization, it would not make sense to immediately embark on recruitment.
Councilmember Bloom asked whether reorganization would eliminate the director position . Mr. Taraday
answered it could but it could also alter the job duties of the position or the structure of administration. He
noted changing a director’s duties requires Council action.
Councilmember Bloom pointed out the Development Services Director position was not budgeted and
there was no director for two years. She wanted to ensure that did not happen again. She asked whether
the proposed language would allow a position to be eliminated without coming to the Council’s attention.
Mr. Taraday answered a budget amendment is required to eliminate a position as all positions are defined
in the budget.
Councilmember Petso thanked Councilmember Bloom and Peterson for their work on these revisions.
She noted in addition to the issues discussed, there were a number of other revisions to Chapter 2.10.
MOTION CARRIED UNANIMOUSLY.
17. AUTHORIZE MAYOR TO SIGN CONTRACT TO AWARD BID FOR CITY PARK SPRAY
EQUIPMENT
Parks & Recreation Director Carrie Hite commented this would usually be presented to committee first;
she was presenting to the full Council due to the timeline for awarding the bid. Delaying this issue to the
January committee meeting would delay Council consideration until the third or fourth week on the
Consent Agenda; the equipment needs to be ordered mid-January. The proposed contract for the City Park
spray equipment is approximately $159,000, the amount in the original budget. She explained the play
area and the spray area equipment are being bid separately to avoid the contractor mark-up. The Council
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January 7, 2014
Page 19
awarded a bid for the play area a few months ago and staff will return to Council next month for award of
the construction contract.
COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO AUTHORIZE THE MAYOR TO SIGN THE CONTRACT FOR THE CITY
PARK SPRAY EQUIPMENT.
Councilmember Johnson commented Councilmembers often must balance competing priorities. She
referred to the $25,000 annual budget for water for the spray pad, expressing concern with the use of
water at the rate of $250/day assuming a 100 day season. She did not want to interrupt the project and
would have preferred this information had been presented at the beginning of the project. She asked Ms.
Hite to comment on the value of the project from a user standpoint and econo mic vitality. Ms. Hite
responded a spray park uses 50-150 gallons of water per minute to activate and add play value. Staff
worked with vendors to design a spray pad with equitable play value but that reduced water usage and
used low flow valves as well as different zones and activators.
Ms. Hite explained vendors were asked to design a spray pad that could be dialed down to 22 gallons per
minute. The $25,000 water usage in the 2014 budget is based on 22 gallons per minute for 10 hours per
day 7 days a week for 3 months in the summer. Spray pads across the nation attract many children,
families and teens; in this area spray pads see 500-600 people per day on a hot summer day. She
summarized the spray pad will attract not only Edmonds residents but people from outside the
community. City Park is a great location with parking and the capacity for a lot of people.
Ms. Hite displayed the original concept design of the spray pad area, explaining there are approximately
20 different components in the spray area. Vendors were asked to include three activators; when an
activator is pressed, the water flows. The water times out after 60 seconds and the activator must be
pushed again to active the water. One activator would turn on the entire spray pad; three activators turn on
the water by zone. The spray pad was designed with a toddler zone, a family zone and a teen zone. She
noted children can play in all the zones but zones save water by not turning on water in the entire spray
pad. There may be days the water flow can be increased to 60 gallons/minute and then turned back down
to 22 gallons/minute ; it will take a season for staff to determine the best balance.
Ms. Hite explained a water reuse system was also designed. She displayed an example of a water reuse
system, explaining water from the spray pad flows into a tank where it is filtered and stored for use for
irrigation, toilet flushing in City Park and a fill valve for the flower program truck. The spray pad
generates 22 gallons/minute or 13,200 gallons/day or 92,400 gallons/week if it is on from 10:00 a.m. to
8:00 p.m. She described water use in City Park:
Irrigation 83,000 gallons per week
Toilets 18,000 gallons per week
Flower Program 1,500 gallons per week
Total Water Usage 102,500 gallons/week
Spray Pad Generates 92,400 gallons/week
Councilmember Bloom asked whether the $25,000 per year will be recouped via water reuse. Ms. Hite
answered that is the goal. Councilmember Bloom inquired about the system to pump water to the toilets.
Ms. Hite advised the 60% design document has been submitted for building permits; the contractor is
working on 90% design. It is a very complicated system; when it reaches 90% design, she may return to
Council regarding to costs and water table issues at City Park.
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Page 20
Councilmember Bloom asked how the toddlers, families and teens areas are designated. Ms. Hite
answered they are not signed. Toddlers can play in the teen area and teens can play in the toddler area,
etc. The play equipment in the toddler area is not exciting for teens. The spray pad was zoned so that
teens running and playing will not knock over toddlers. She acknowledged there will be some crossover.
Councilmember Fraley-Monillas commented there is a cost for a spray pad. Children love spray pads and
water and she anticipated it would be a great addition to the City and encourage people to visit Edmonds.
MOTION CARRIED UNANIMOUSLY.
18. AUTHORIZATION FOR MAYOR TO SIGN SUPPLEMENTAL AGREEMENT #9 WITH DAVID
EVANS & ASSOCIATES FOR THE FIVE CORNERS ROUNDABOUT PROJECT
Public Works Director Phil Williams explained this $17,219 is the last piece of the design. He anticipated
going to bid in February, signing a contract in March, issuing notice to proceed in April and completing
construction in 2014. That schedule required this be presented to the full Council tonight rather that at
committee. He reviewed the scope of this supplemental agreement:
Two new soil borings where the stormwater vault will be located in the middle of 84th Avenue
north of the Five Corners intersection to collect additional geotech information ($7,700)
Additional design of water infrastructure ($8,700). All existing water infrastructure in the
footprint of the roundabout is being replaced.
Incorporate geotech information into the final design ($4,000)
Mr. Williams summarized this brings the total of the design and right of way contract to approximately
$467,000.
Councilmember Bloom pointed out the agenda memo referred to Council action on supplemental
agreements 3, 4, 7 and 8, but nothing was said about 5 and 6. Mr. Williams commented a large, complex
project such as this starts with what is known and as the project matures, additional issues arise which
often require Council approval of additional resources. This will provide the final piece of the design
before advertising for bid in February. Mr. Williams reviewed the amounts of some of the supplemental
agreements: #1 - $2,320, #2 - $3,600, #3 - $53,400, #7 - $35,000; the others were fairly modest in size.
He noted the original contract included a management reserve that will be used to cover some of the
supplemental agreements.
Councilmember Petso asked whether the City could get out of the project at this point even with design
complete and if so, how much would it cost. Mr. Williams answered total for design and right-of-way is
approximately $680,000; approximately $482,000 is from grants. Councilmember Petso asked whether
the grant money would need to be repaid if the Council opted not to proceed with the project. Mr.
Williams answered if the Council could move forward with the project but chose not to, the grant funds
would need to be returned.
Council President Buckshnis expressed support for proceeding with the project, noting although some
people have complained, she has heard a great deal of support from residents in the neighborhood.
COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT
BUCKSHNIS, TO AUTHORIZE THE MAYOR TO SIGN SUPPLEMENTAL AGREEMENT #9
WITH DAVID EVANS & ASSOCIATES FOR THE FIVE CORNERS ROUNDABOUT PROJECT.
MOTION CARRIED UNANIMOUSLY.
19. MAYOR'S COMMENTS
Mayor Earling commented on the regional undertaking of the machinists approving the 777X contract. He
expressed appreciation for the compromises the machinists made, recognizing the contract is a
monumental step forward for the state economically as well as securing long term jobs. He explained a
majority of mayors in Snohomish County signed a letter requesting reconsideration of the original vote.
He recognized the leadership of Everett Mayor Stephenson, Snohomish County Executive John Lovick
and Governor Jay Inslee. He noted although there is little industry in Edmonds related to Boeing, the
contract is incredibly important to Edmonds residents who are employed by Boeing as well as Edmonds
businesses.
Mayor Earling wished everyone a Happy New Year and expressed his hope the Council could work
effectively during this next year.
20. COUNCIL COMMENTS
Student Representative Thea Ocfemia congratulated Councilmembers Buckshnis and Johnson on their
elections as Council President and Council President Pro Tem.
Councilmember Peterson wished everyone a Happy New Year and looked forward to a productive 2014.
Council President Buckshnis relayed Senior Executive Council Assistant Jana Spellman will distribute
committee assignments tomorrow. She requested Councilmembers identify 2-3 goals they wanted to
champion this year. Goals she was interested in pursuing include the sign code and the marsh. The City
received a $200,000 grant from the Salmon Recovery Funding Board for daylighting Willow Creek. She
wished everyone a Happy New Year.
Councilmember Johnson wished everyone a Happy, Healthy and Prosperous New Year.
Councilmember Fraley-Monillas commented she was bothered by the events that occurred tonight; it was
not about her being Council President or not. The Council had the ability to put in place an interim
Council President until a seventh Councilmember could be appointed and weigh in on this important
Council decision. Although this was legal according to the City Attorney, the concept of separation of
powers is a foundation of government in this country. Most amazing to her was to have expected a fair
decision to be made by mayor who actively participated, supported, financed and appeared in ads for her
opponent during a campaign two months ago. Although some may call this politics, she found it a breach
of democracy.
21. ADJOURN
With no further business, the Council meeting was adjourned at 9:57 p.m.
DA ID O. EARLING, MAYOR
PASSE CIT C K
Edmonds City Council Approved Minutes
January 7, 2014
Page 21