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05/12/2015 City Council Edmonds City Council Approved Minutes May 12, 2015 Page 1 EDMONDS CITY COUNCIL APPROVED MINUTES May 12, 2015 The Edmonds City Council meeting was called to order at 6:00 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Adrienne Fraley-Monillas, Council President Diane Buckshnis, Councilmember Kristiana Johnson, Councilmember Lora Petso, Councilmember Joan Bloom, Councilmember Thomas Mesaros, Councilmember Michael Nelson, Councilmember STAFF PRESENT Al Compaan, Police Chief Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Scott James, Finance Director Shane Hope, Development Services Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Rob English, City Engineer Mary Ann Hardie, Human Resources Manager Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder SPECIAL MEETING 1. DISCUSSION AND POTENTIAL ACTION REGARDING POTENTIAL SUBMITTAL OF LETTER OF INTEREST TO STATE TO ACQUIRE THE EDMONDS CONFERENCE CENTER Council President Fraley-Monillas relayed although the title of this item states potential action, tonight will only be a study session. Economic Development & Community Services Director Patrick Doherty said this item is on next week’s agenda for continued discussion. He distributed and reviewed a summary of facts:  Surplus Property Bulletin issued by the State on April 28, 2015.  Stated fair market value of the property – $2,305,000.  Deadline for submittal of Letter of Interest – June 1, 2015. Proposal would be required within ten days.  Property is 14,375 square feet with an approximately 11,252 square foot, wood-frame conference center built in 1997 with 27 parking spaces.  Wood-frame, stucco-clad building has suffered water leakage and associated damage. Rough order of magnitude cost of mitigating damage: $1,012,161.23.  Profit/loss statement, submitted by the College and State for 2013-2014, shows $276,609 in annual revenue, $329,519 in annual expenses for a year-end loss of $52,910.  The Conference Center is managed by an Edmonds Community College staff person with associated temporary staff of up to 20 part-time individuals, averaging approximately 4-5 FTE.  “Surplus Property Bulletin” states government agencies have the first opportunity to express interest in acquiring the site. Edmonds City Council Approved Minutes May 12, 2015 Page 2  To government entities the State may sell the property for cash at market value and/or as otherwise valued in “full or part consideration” of trade, other new construction, or “mutual and offsetting benefits.”  Purchase of the facility would require funds derived from only two existing City budgetary sources: General Fund or REET 1, which would require re-appropriation from other existing priorities. In addition, an Interfund Loan could be employed.  Operation and maintenance of the facility would require ongoing funding on the order of approximately $50,000 to $100,000 per year. Mr. Doherty said since issuing the Surplus Property Bulletin, Edmonds Community College (ECC) has been very hesitant to provide information and wants information to come from the State to ensure all inquiring parties have equal access to information. He summarized the issue for consideration is whether to submit a letter of interest in acquiring the Edmonds Conference Center by the due date of June 1, 2015. Subsequent discussions of the purchase price, deal terms, etc., could be held at a future Council meeting and may be considered appropriate for an executive session discussion. Councilmember Bloom read from the Surplus Property Bulletin, “The Department of Enterprise Services (DES), acting on behalf of the State, may transfer, exchange, lease, the property in full o r part consideration for land or improvements, or for construction of improvements at equivalent to fair market value or for mutual and offsetting benefits to any of the following governmental entities with priority given in the order listed.” She relayed her understanding of Mr. Doherty’s explanation that the Council could decide what that means if it decided to make an offer. Mr. Doherty responded the only place where he meant the Council could decide what it means is the phrase, “mutual and offsetting benefits” which is an undescribed term and open-ended. In his reading of that phrase, other governmental entities have the ability to propose to the State whatever deal points they’d wanted and theoretically the deal points could include consideration in lieu of full market value of mutually offsetting benefits, whatever those might be. The phrase “in full or in part” theoretically seems to mean the deal could be less than market price or a combination of mutually offsetting benefits and purchase price. Councilmember Bloom recalled one of the Council’s requests was for staff to explore offsets. Mr. Doherty said he made that inquiry and the State would not answer that question because that would be a proposal. His reading of the language in the Surplus Property Bullet in was that entities were free to make proposals to the State, either the stated market value or something different, for example trading another piece of property, constructing another building and/or mutually offsetting benefits. When he asked about that, the State said that would be up to the City to propose; the State is not showing their cards to just one governmental entity. If the State had had a conceptual place holder, it would have been published to all potential parties. Councilmember Bloom referred to the statement, may transfer, exchange, sell or lease and asked if there was an option to lease the property. Mr. Doherty said the bulletin indicates all those are possibilities. Councilmember Bloom said the Council could propose to lease with an option to buy. Mr. Doherty agreed anything on the list was possible, noting the language in the bulletin was standard State language. Councilmember Bloom suggested construction of improvements such as repair of the windows could be an offset to the purchase price. Mr. Doherty did not interpret the phrase, construction of improvements, to mean that; he interpreted that to be an offset. For example, an improvement that would benefit the State that is an offset to the price. An improvement to the asset that the purchaser would be acquiring would not benefit the State. He assumed construction of something that benefits the State would be like an off-ramp, something that would benefit the State, not improving the asset. Councilmember Bloom asked City Attorney Jeff Taraday if he interpreted the phrase, “construction of improvements at equivalent to market value” the same way. Mr. Taraday responded in a scenario where Edmonds City Council Approved Minutes May 12, 2015 Page 3 the State retained title and the City would also construct improvements to the facility, that cou ld be a benefit. He said neither he nor Mr. Doherty know what the State intends. Rather than hypothesize what the State means, he suggested the Council determine if they want the property and if so, what kind of deal could be put together. He suggested deal points be discussed in executive session and discuss whether the Council wants the building or not in public. Councilmember Bloom confirmed from Mr. Taraday’s statement, there is a potential based on what the bulletin says that the City could potentially lease with an option to buy. Mr. Doherty answered it certainly seems to be. Council President Fraley-Monillas relayed an independent firm looked at the damage to the building a year ago and determined the cost of repairs was approximately $1 million. She asked whether any damage had occurred since then. Mr. Doherty did not know as no one has done a verifiably level of reconnaissance of the building. Council President Fraley-Monillas asked whether the company was hired by ECC. Mr. Doherty answered yes. Council President Fraley-Monillas requested a profit and loss statement for 2012-2013; the packet contains a statement for 2013-2014. It was her understanding ECC paid less attention to the building toward the end of 2014. Council President Fraley-Monillas asked whether consideration has been given to what the City could use the building for. Mr. Doherty answered theoretically there are a lot of potential uses not withstanding all the costs such as continue to use it as conference center. In speaking with the manager today, she confirmed what he has learned through the years related to other conference centers, that few conference centers run in the black; they are usually subsidized by a City, County, PFD or other public sector body. The reason for those subsidizes is the economic impact to the community. That does not mean there is not some market response to the availability of a conference center in the community for conferences, meetings, gatherings, weddings, training seminars, etc. Use as a conference center is the most ready option; ownership changes and the use stays the same. There is vacant space in City Hall but there have also been discussions about other uses on the ground floor. He summarized the conference center is larger than any space the City currently needs; there is no project or priority that that space would fulfill other than theoretically being new stewards of an existing community asset. Councilmember Mesaros agreed with Mr. Taraday that the Council should consider whether it wants the building and whether it would be useful for City. If a decision is made that the Council wants it, then the Council could discuss how to acquire it and the structure of that deal. With regard to whether the City wants the building and could put it to use, he concurred with Council President Fraley-Monillas’ request for profit and loss statement for 2012-12013. He assumed ECC has not done much maintenance due to the $1 million estimated cost. He was surprised the College did not have a full-time manager for this asset. He asked how many of the staff on sales team actually market the space. Mr. Doherty did not know how many but knew that staff did do marketing and sales. He offered to determine the FTE that did that function. Councilmember Mesaros asked whether their approach to sales was reactive or proactive. Mr. Doherty said there is a website and on occasion there have been ads which could be considered mildly proactive; he was not sure there was an aggressive promotional effort. He offered to find out what he could about that. Councilmember Mesaros offered the Council did not yet have a reason for why it wanted the building. What he has heard in the community is it would be nice; he suggested the Council go beyond nice in terms of why they want the building. He acknowledged it was a good asset but the City was in business of running a city, not a conference center. He suggested Mayor Earling poll his leadership team regarding potential uses. Mayor Earling said in general conversations there was limited use identified. He offered to have that discussion at tomorrow’s staff meeting. Councilmember Mesaros commented City staff operates the City on everyday basis and may see a bigger picture than Councilmembers and Council should be Edmonds City Council Approved Minutes May 12, 2015 Page 4 reactive to their recommendations regarding what it might be used for. If the City did acquire it, he asked Mayor Earling who would manage it. Councilmember Nelson commented on its face the financial numbers seem somewhat daunting and challenging and he was struggling to determine what the property could be used for other than the existing conference center. He asked for further information regarding the meeting space such as the capacity of the meeting rooms. He acknowledged it is a unique opportunity but has not heard what it could be used for. Councilmember Petso recalled at one point the City planned when the Public Works Department shifted to the new Public Works facility, Parks maintenance would be located in the old Public Works building. For reasons she did not know, that plan was never executed and the old Public Works building is presently being used primarily for arts purposes and Parks maintenance in still in inadequate facilities in City Park and that the City is carrying a multimillion project to someday build a Parks maintenance structure. If $5-6 million is allocated to a new Parks maintenance building, it may be less expensive to acquire this building, put the art uses in it along the arts corridor and shift the Parks maintenance function into the old Public Works facility and eliminate the need to build a new building. Although there may not be a lot of staff members around from the time when that was first proposed, she asked staff to investigate and discuss whether there was any interest in that and what the numbers might be. Councilmember Johnson encouraged the Council to look at the Capital Facilities Plan to see what other projects the facility could be used for. For example the CFP includes $5 million for an art museum that could be located on the arts corridor as well as $5 million for an indoor year-round farmers market. She suggested the Comprehensive Plan and CFP may provide answers regarding how the facility could be used. She noted the City occasionally rents the conference center for events and obviously ECC as well as other regular tenants rent the building. Councilmember Johnson observed the building was constructed 19 years ago and a facilities study was done a year ago. She asked whether any interim improvements have been done by ECC or had they not maintained the asset since it was constructed. Mr. Doherty did not know but said ECC did not respond to the damage discovered last summer because there was not a small, palliative project they could do, it was a big project. He offered to ask for the maintenance records over the 19 years. Councilmember Johnson said she has heard antidotal information that when it rained towels were rolled up on window sills. She asked whether the entire stucco exterior needs to be removed. The report indicated there were some test sites around windows but she was aware that sometimes the stucco material had to be entirely removed and when it was, there could be dry rot, black mold or additional damage. Mr. Doherty referred to the report which indicates 7-8 locations were core tested and the results extrapolated to state at a minimum mitigation would require repair around those areas. Anecdotally he has heard that the entire skin would probably be removed and he agreed more damage could be found. No one knows any more than that but in his experience, once damage is identified, it is usually not limited to what is found in the test sites. As witnessed in the region in many of the buildings built during that timeframe, the stucco was not applied correctly, the flashing was done incorrectly, the papering out from windows into the area behind was incorrect, etc. In the case of condominiums because of the liability, the entire skin of the building is usually removed and replaced. He said it was unknown whether remediation would require entirely recladding the building but that certainly wouldn’t be surprising. He offered to inquire about ongoing maintenance over the years. Councilmember Johnson relayed her understanding the building was a gift to Edmonds Community College. She asked whether that would have any bearing on the price. Mr. Doherty did not know but did not see that it would. The State has published their estimate of the fair market value. The couching of the Edmonds City Council Approved Minutes May 12, 2015 Page 5 Council’s proposal to the State such as deal points, considerations and offsetting benefits theoretically could include things about the building’s past. The State’s posture at this time is this is market value, not mitigated by any history. Councilmember Johnson observed according to the bulletin, the City would be third in priority after the County and State. She asked whether the State has indicated whether any State or County agencies have expressed interest. Mr. Doherty said the State will not indicate who they are talking with; once a letter of interest is submitted, it is public record. That is why Mr. Taraday recommended potential deal points be discussed in executive session. Councilmember Buckshnis said she has attended a weekly Rotary meeting in the conference center for the past six years. Work was done on the roof about two years ago, prior to the building assessment report, which indicates not everything was corrected. She pointed out there is no parking and parking is especially difficult if two events occur at the same time. The lack of parking and the status of the building are huge considerations. Using a house remodel and the senior center as examples, she commented good money should not be thrown at something that is bad; it is preferable to start over. She questioned whether buying the building for $2.3 million, rebuilding it and still having the parking issue was what the citizenry wants. She also questioned whether the City was in the business of investing in and operating buildings. If so, the City should have bought Old Mill Town which would have been a good investment. Councilmember Petso asked whether the parking behind the building included the parking on what appears to be an adjacent parcel. Mr. Doherty answered there are 27 parking spaces on the parcel; he was not certain if there were shared use agreements and offered to research that. Councilmember Petso said it appeared some of the parking may be on an adjacent parcel and/or behind another building on the same parcel. In the event the Council decides during the week it is extremely interested in the building, Councilmember Petso suggested scheduling a placeholder executive session regarding real property on next week’s agenda. Councilmember Bloom asked whether the assessed value of property takes into account the damage to the building. Mr. Doherty answered it is not the assessed value; it is their interpretation of the fair market value. The State did not provide information regarding how that was determined. Councilmember Bloom asked whether there was any breakdown between the property and the building. Mr. Doherty said the bulletin is the entirety of what the State published. The Assessor’s Office would have a breakdown of the property and building but typically the assessed value is less than fair market value not withstanding $1 million in damage which the Assessor may not be aware of. Councilmember Bloom observed when purchasing a house, the price can be reduced if the roof needs repair. Mr. Doherty said the fair market value the State provides could be viewed as the listing price; defects could be used to negotiate the price. Councilmember Bloom asked for clarification from Councilmember Petso whether her suggestion was for this building to be used for Parks maintenance. Councilmember Petso said one possibility to consider is to use this building in part for some of the uses currently housed at the old Public Works facility, potentially freeing up the old Public Works facility to operate as the Parks maintenance building, thus eliminating the need to construction a $5-6 million Parks maintenance facility. She did not contemplate that the conference center was in any way suitable as a Parks maintenance facility. Councilmember Bloom summarized Councilmember Petso’s suggestion was to move ArtWorks to the conference center as part of the potential use for the property. Councilmember Petso suggested not everything at the old Public Works facility would be moved as it was her understanding one of the uses was storage which could be accommodated elsewhere. Moving the arts functions to the conference center makes a lot of sense due to the interest in creating an arts corridor so having a p ermanent art presence in the building regardless of what else occurs in the building may make sense. The idea of moving Parks Edmonds City Council Approved Minutes May 12, 2015 Page 6 maintenance to the old Public Works facility was raised a long time ago and she wanted that possibility researched. Councilmember Buckshnis commented the building’s footprint is a conference center, not an office complex. The main hall is extremely large and airy and has been the site of auctions, weddings, etc. Artists currently show their work at the conference center as part of the building’s use as a c onference center and meeting space. She envisioned the footprint would need to be changed if ArtWorks and classes were moved into the facility. She noted the heat would be extremely expensive. Mr. Doherty agreed a tenant improvement would be required. Councilmember Bloom commented the ArtWorks building has one office space and two large open areas for art to occur. She did not see that as a stumbling block. An issue may be the Wade James Theater or another theater practices in the other part of the building which may require insulation. She did not envision major tenant improvements would be required to accommodate the ArtWorks functions. Mayor Earling summarized an executive session for possible consideration will be scheduled on next week’s agenda. Councilmember Petso clarified she made that request based on the assumption there would also be discussion item on next week’s agenda. Mayor Earling said the agenda included discussion and possibly decision. Councilmember Bloom referred to Comprehensive Plan language she provided related to the Edmonds Conference Center and the cooperative relationship between the Edmonds Conference Center and the Edmonds Center for the Arts (ECA) and support by ECC. She suggested that be included in the Council’s discussion. She looked forward to more information regarding how the building was promoted, how fully it was used and whether there was a possibility for more income than ECC was able to realize. Councilmember Buckshnis said the Lynnwood Convention Center is owned by a Public Facilities District (PFD) as is the ECA. She asked whether the conference center could be added to the Edmonds PFD, noting there would then be a deficit for both buildings. Mr. Doherty responded there are many different models; for example Mt. Vernon’s performing arts and conference center is part of the college. It appears most conference centers are subsidized by a government agency; sometimes they are operated by a non- profit that is subsidized by a public agency. Councilmember Johnson suggested contacting the Edmonds PFD to see if they have any interest. Mr. Doherty said he could contact a board member or the executive director; he was unsure if the board could make a statement of interest outside of a board meeting. Councilmember Buckshnis commented in that scenario the PFD would run the conference center and the City would subsidize it and the ECA. She suggested asking the ECA if they were interested in taking on that responsibility. Mr. Doherty said there were two questions for the Edmonds PFD, whether they were interested in operating the conference center and their response to the City’s potential interest in the conference center. He agreed to inquire of the Edmonds PFD/ECA. Councilmember Bloom recalled a citizen, who is a member of the Economic Development Commission (EDC), stated the conference center would be a potentially location for an incubator project. She suggested that use be considered as an option, noting the potential for a portion of building to be used as a conference center such as the lower floor, and the upper a public/private partnership overseen by the City for an incubator project. She noted there was a fairly significant amount of interest in the community in an incubator project. She and Ms. Hite also briefly discussed the interim location of the senior center during development of their property. She supported exploring Councilmember Johnson’s questions about an art museum or year-round market. Edmonds City Council Approved Minutes May 12, 2015 Page 7 Mayor Earling summarized it has been difficult to obtain information from the State. Staff will provide as much information as they are able to obtain. At 6:50 p.m. he declared a recess until the regular meeting begins at 7:00 p.m. STUDY SESSION Mayor Earling reconvened the regular City Council meeting at 7:03 p.m. and led the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 3. APPROVAL OF AGENDA COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PETSO, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS Councilmember Bloom requested Item F be removed from the Consent Agenda. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PETSO, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF DRAFT CITY COUNCIL MEETING MINUTES OF APRIL 28, 2015 B. APPROVAL OF DRAFT CITY COUNCIL MEETING MINUTES OF MAY 5, 2015 C. APPROVAL OF CLAIM CHECKS #214105 THROUGH #214241 DATED MAY 7, 2015 FOR $329,626.25. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #61591 THROUGH #61600 FOR $478,364.20, BENEFIT CHECKS #61601 THROUGH #61608 AND WIRE PAYMENTS OF $415,382.63 FOR THE PAY PERIOD APRIL 16, 2015 THROUGH APRIL 30, 2015 D. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM MARISA MATERA ($2,000,000.00). E. AUTHORIZATION TO CONTRACT WITH JAMES G. MURPHY TO SELL SURPLUS CITY VEHICLES ITEM F: APPROVAL OF CITY PARK CONSTRUCTION MANAGEMENT RESERVE Councilmember Bloom referred to the agenda memo which states that the Parks, Planning & Public Works Committee was the review committee which she understood was over the years. The agenda memo also states under committee action, approve for Consent Agenda. She noted the Parks, Planning & Public Works Committee no longer exists so there could not be approval by that committee. She also referred to language in the agenda memo, “This is on the consent agenda after discussion with the Council President. There wasn't available capacity on the Council agenda for a full presentation until June, and since this project has been in front of Council many times in the past year, it was decided to seek approval on the consent agenda.” Councilmember Bloom said she would abstain for the vote because she did not have the time to figure everything out and she did not feel it was appropriate for the Council President to Edmonds City Council Approved Minutes May 12, 2015 Page 8 move something to the Consent Agenda. This issue was related to the dissolution of committee meetings, scheduled for discussion on June 23, which she did not think was soon enough. Councilmember Johnson said she emailed Parks & Recreation Director Carrie Hite today requesting she summarize the highlights of the project. She recalled at the last study session the Council made an appropriation for the bulk of the project. She requested Ms. Hite provide an overview of the project including the operational costs. Ms. Hite referred to information sent to the Council prior to tonight’s meeting based on Councilmember Johnson’s request. This project has been in front of Council 23 times over the past 3 years. The project began in 2012; the City received an RCO grant as well as grant funds from Snohomish County and the Hazel Miller Foundation in 2013. The budget to revitalize the spray and play area at City Park was $1.4 million. Mid-project in 2013 technical issues arose and staff was in front of Council 3 times to work through those issues and to ask Council for guidance whether to discontinue the project, go forward with the play area and/or engage with a different firm to explore technical issues and proceed with the spray area. All three times Council gave direction to continue with installing a new play area at City Park as well as to figure out the best location and best way to proceed with the spray pad. The City engaged with Site Workshop who took the project through 90% design and were able to address all the technical issues. Some of the issues include the high water table at City Park; the original design included a 20,000 gallon underground tank. The water system was changed from water reuse to a water recirculating system which needed only a 5,000 gallon tank. The spray pad was co-located with the City Park play area and the Park crew graded the area and a community build that included over 80 people over a 3 day weekend constructed the play area. The City went out to bid for the spray equipment and added additional pedestrian improvements, did wetland mitigation, utilities. Most of the changes were in A&E costs, not construction. The City went out to bid for construction and Council awarded the bid for construction two weeks ago. The construction bid was 10% higher than the engineer’s estimate which took the complete management reserve. Knowing the technical difficulties that arose during design, she anticipated there will be issues underground. She requested Council approve a $75,000 management reserve so that construction does not have to stop if unanticipated problems arise. The funds are available in the REET 125 fund. There was $250,000 budgeted for the Meadowdale Playfield project which is not proceeding this year; $100,000 of that has been used, leaving $150,000. Councilmember Buckshnis recalled the review committee was the Parks, Planning & Public Works Committee back in 2014. Ms. Hite agreed that committee began the process. She copied the agenda item forward from Agenda Quick and did not check all the settings. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE ITEM F. MOTION CARRIED (5-1-1), COUNCILMEMBER JOHNSON VOTING NO, AND COUNCILMEMBER BLOOM ABSTAINING. Councilmember Bloom clarified she abstained for process reasons, not because she does not support the project. 5. PRESENTATION OF WRPA AWARD TO BRUCE HIGGINS Parks & Recreation Director Carrie Hite explained two weeks ago at Washington Recreation & Parks Association conference, she passed the gavel to the next president of WRPA. The WRPA annual conference includes recognizing people for their contributions to parks and recreation. WRPA gives out many awards, spotlight awards for projects as well as individual awards for people who contribute a significant amount. It was her pleasure to represent this awar d so the citizens can see what a gem there is in the community and so the Council and Mayor can help her in congratulating him for his hard work. Edmonds City Council Approved Minutes May 12, 2015 Page 9 The Citation of Merit Award is awarded to a lay citizen who is an effective civic leader and who has contributed to the health and wellbeing of parks and recreation in their community. The Edmonds Underwater Dive Park was established in 1970 without much stewardship. After a series of dive -related fatalities in the mid-70s, there was much discussion about the park’s future. Fortunately the dive park had many champions, one being a young marine biologist, Bruce Higgins, who joined a committee to improve diver safety at the dive park. Over the past 38 years Mr. Higgins has been the lead steward for the Edmonds Underwater Dive Park. He has logged well over 20,000 hours planning, creating and maintaining this underwater treasure. Today the park is over 26 acres with 2 miles of marked underwater trails. The underwater park includes numerous manmade features including sunken boats, a railroad tie pyramid, concrete structures and habitat for many different marine critters. The availability of food and habitat has created an environment where sea life now thrives. Mr. Higgins’ principles of safety, security, maintenance and enhancement have resulted in a park known nationwide and visited by over 25,000 divers annually. Without Mr. Higgins’ many years of volunteer service, leadership and dedication to its many improvements, the Edmonds Underwater Dive Park would not be the world class underwater park and marine habitat that it is today. She provided a quote from Mayor Earling, “As the Mayor of Edmonds, I do not know of such a volunteer that has given so much to the City, the Parks Department and the residents of Edmonds. Bruce’s contributions have had an impact that reach far beyond Edmonds. Bruce is not a Parks & Recreation professional but his contributions are very significant to our Parks & Recreation system and to the overall dive population worldwide.” Ms. Hite invited the public to join her in recognizing Bruce Higgins, the 2015 Citizen Citation of Merit Award for the WRPA. Mr. Higgins said he does not do this alone. The City has a great parks system and has had a stream of incredible park directors over the years. He has also had very good corporate support from the underwater sports store on the beach. This effort is a three legged stool: the volunteers, the parks department that support them administratively and the commercial side that helps with the heavy lifting. He thanked the WRPA for the award on behalf of all the volunteers, commenting there are typically about 30 people who help every year, providing over 1500 volunteer hours at the park. 6. PROCLAMATION RECOGNIZING NATIONAL POLICE WEEK Mayor Earling read a proclamation declaring May 10-16 as National Police Week in Edmonds. He presented the proclamation to Police Chief Al Compaan. Chief Compaan recognized the service that the members of the Edmonds Police Department provide to the community 24/7. He was honored to lead a fine of group of law enforcement officers and support staff. He invited the public to the Police Department’s annual award ceremony in Council Chambers on Thursday, May 14 at 6:00 p.m. The presentation recognizes members of the Police Department and the community who have added to public safety over the previous year. 7. AUDIENCE COMMENTS Fred Gouge, Edmonds Port Commissioner, announced great summer programs at the Port:  Sea Jazz (award winning musicians from the Edmonds School District), June 3 – September 14, Wednesdays 5-7 pm and Sundays 1-3 pm and a special performance during the Waterfront Festival  20th annual Waterfront Festival hosted by the Rotary Club of Edmonds, May 29-31. A major fundraiser with proceeds supporting Rotary programs and services.  Artists in Action, Sunday afternoons, June 21-September 13, sponsored by the Port, the Edmonds Arts Festival Foundation in cooperation with ArtWorks. Edmonds City Council Approved Minutes May 12, 2015 Page 10  Puget Sound Express whale watching – 4½ hours excursion out of Edmonds. He encouraged the public to visit the Port this summer. Dave Page, Edmonds, said Mr. Higgins deserves the award many times over. He has done over 100 dives at the Edmonds Underwater Dive Park and has visited many dive parks and Edmonds’ is among the top three between here and Acapulco. He provided an update on the effort to rename Edmonds Fire Station 16 after Betty Mueller. He invited the public to donate to the Betty Mueller Dedication Fund at Union Bank 123 3rd Avenue South; they are $1000 short of their goal. Next, he continued his earlier comments about the protected sea lion and killer whales populations that are eating 40% of the salmon. He supported daylighting Willow Creek but said the sea lions are eating the salmon before they go up the creek. Up to 300,000 sea lions pass through Edmonds while migrating. He summarized at some point Fish and Wildlife needed to make some changes. Council President Fraley-Monillas provided a $100 donation and challenged Councilmembers to do the same. Councilmember Buckshnis said she already donated. Roger Hertrich, Edmonds, referred to his previous comments about the Streetscape Plan and view corridors. With regard to the proposed Tree Code that will restrict tree cutting on private prop erty, he relayed many people are upset over the idea that they will need to obtain a permit to cut a tree on their property. He reminded over-regulation sometimes kills a good system and suggested relooking at the ordinance, fines, and permits required to cut a tree, and make it simpler. Mike Echelbarger, Edmonds, spoke regarding the improvements on Sunset Avenue. He acknowledged it was a little narrow but it was not any narrower than Main Street between 5th and 6th. It works well, traffic has slowed down some, and the majority of the people using the street now are on west side enjoying the water. He urged the City to obtain the funds to widen the roadway a little bit in the right-of- way. His wife has talked to Mr. Williams about more parking on the north end of Sunset. Councilmember Bloom read a letter from Greg Toy about the Edmonds Conference Center who thought there would be would be action tonight. As the Council’s discussion regarding interest in the conference center was a study session, he was not sure when public input on the topic will be heard. Since two members of the Economic Development Commission support acquisition of the building, he suggested it would be prudent to at least look at potential revenue and cash flow models before making any final decision. It may prove to be a financial loser or could help support City operations with a lower lifecycle costs or positive revenue stream. To make a decision without the benefit of examining such options could lead to an unfortunate decision either way. He suggested the City express interest and ask the State for more time to examine the financial feasibility of any transaction. 8. PRESENTATION BY ALLIANCE FOR HOUSING AFFORDABILITY Development Services Director Shane Hope introduced Kristina Gallant, Alliance for Housing Affordability (AHA), of which Edmonds is a member. Ms. Gallant recalled she was here six months ago to present the housing profile. She reported:  What is AHA? o Interjurisdictional partnership: 13 member cities, Snohomish County and HASCO o Work centered in three areas so far:  Housing profiles – completed for all members including Snohomish County  Comprehensive Plan support  General research  Why consider housing? o Diagram of the housing continuum – what does it mean for a family of three in Snohomish County. Edmonds City Council Approved Minutes May 12, 2015 Page 11 o Many layers in assisted housing and the appropriateness and affordability of market rate housing.  Where we’re headed: o Translating the Comprehensive Plan into practical strategies  Supporting Edmonds’ housing strategy o Expanded online “Housing Planning Guide” o Continuous tracking of housing conditions o Deeper connection with the cities o Exploring funding options Councilmember Buckshnis commented AHA has done a great job in just two years. She inquired about the timeframe and which cities are likely candidates for exploring funding options. Ms. Gallant answered funding options is a long term goal; they wanted to start with code and policy. They eventually want to pursue grants and help cities strategize. AHA is modeled after King County ARCH who has its own Housing Trust Fund. She viewed that as an item at least a couple years in the future. Councilmember Johnson reported she attended the PSRC Transit Oriented Developing working group last week. ARCH has years of experience but many other King and Pierce County agencies are getting involved. She was one of only two people there from Snohomish County; PSRC is looking at matching funding opportunity with light rail, bus rapid transit and heavy rail. She saw opportunity for Snohomish County cities particularly Edmonds in the future. Their next meeting is in September; she offered to provide contact information. Councilmember Nelson asked what Ms. Gallant sees as encouraging, helpful, insightful or would make sense in Edmonds based on ARCH’s experience. Ms. Gallant referred to ARCH’s Housing Trust Fund that has funded a lot of housing units and provides gap financing for housing projects. Some of the interesting benefits have been in consistency; ARCH, a partnership of eastside cities and King County, cities, has assisted in establishing similar strategies in those cities so there are consistent standards. When a developer approaches an ARCH-member city, they know what to expect in the affordable housing policies in each city and can compare what works in all the cities. Councilmember Nelson asked for an example. Ms. Gallant explained ARCH does both rent and homeownership subsidized projects. There are covenants recorded against the property to ensure rent restrictions or household income restrictions are held over a certain period. Another benefit ARCH provides is a venue for exploring ideas. 9. DRAFT STREETSCAPE/STREET TREES ELEMENT FOR 2015 COMPREHENSIVE PLAN UPDATE Development Services Director Shane Hope explained draft updates to the Comprehensive Plan are being reviewed one at a time. Drafts, with refinements, will be considered all together in early July. The existing Comprehensive Plan does not have a specific section regarding street trees and streetscape; however, the 2006 Streetscape Plan is adopted by reference. Time and resources are not currently available for a major update to the 2006 Streetscape/Street Tree Plan. Instead, a simple Streetscape & Street Tree section can be added into the Community Culture and Urban Design element. Through meetings with key staff from multiple departments, staff identified the following key points:  The existing Street Tree Plan Map was difficult to read  Certain tree species in the 2006 Street Tree Plan were underperforming or wrong shape/size for intended area  A more in-depth study on street trees is needed but could occur next year She reviewed the current proposal with regard to streetscape and street trees: Edmonds City Council Approved Minutes May 12, 2015 Page 12  Add a new Streetscape and Street Tree section into the Comprehensive Plan to address goals and policies o Based on 2006 Streetscape Plan  Do not adopt the Streetscape Plan by reference, but include it as an appendix to the Comprehensive Plan.  Add two tree-related implementation strategies to the Culture & Urban Design Element section of the Comprehensive Plan 1. Develop an update to the Street Tree Plan by the end of 2016 2. Develop an Urban Forest Management Plan by the end of 2017  Make minor adjustments to the Street Tree Plan (appendix to the Comprehensive Plan) to: 1. Improve map readability 2. Adjust street tree species in four location to encourage better performing trees Ms. Hope reviewed proposed goals and policies:  Streetscape and Street Trees Goal: o Enhance the public realm through streetscape and street tree choices. 1. Encourage improvements to streets that link parks, open spaces, recreation centers, employment centers, and transportation nodes. 2. Balance the need for short-term parking for shoppers and loading for businesses with the need for pedestrian-oriented design, especially downtown. 3. As opportunities arise, provide for sustainable streetscapes that can enhance the natural environment, help ensure safety, and complement the characteristics of the neighborhood or district in which they are located. 4. Promote the planting and maintenance of landscaping and street trees to enhance City gateways and connections; strengthen the character and identity of downtown and other retail/commercial centers; and improve the pedestrian environment. 5. Seek to maintain and retain existing healthy trees in the rights-of-way without sacrificing public safety or public infrastructure or encouraging [change to without allowing] a hazard or nuisance. 6. Selecting trees for planting in the public rights-of-way should be based on a variety of factors, such as aesthetics, safety, maintenance, size, spacing, longevity, location, utilities, habitat compatibility, and other appropriate factors  Possible additional policy that could be added as part of refining draft element: 7. View corridors may be considered as a factor when selecting and managing trees in the public realm Ms. Hope displayed the draft 2015 Street Tree Plan map. Proposed changes to trees in the Street Tree Plan include:  3rd Avenue N between ECA and Caspers - changed species from European Hornbeam to Capital Pear  Lower Main Street between 5th Avenue N and ferry – changed species from Kwansan Cherry to Capital Pear  Civic Center – Changed species from Sargents Cherry to Bowhall Maple  Upper Main Street between 5th Avenue N and 9th Avenue N – changed species from Kwansan Cherry to Bowhall Maple  4th Avenue Cultural Corridor – changed species from Summit Ash to mix of trees as per 4th Avenue Cultural Corridor Design Implementation and Funding Plan (2009) and 4th Avenue Corridor concept Plan (2006) The Planning Board discussed the Streetscape & Street Tree Section on March 11th and April 8th and the Tree Board discussed the same material on April 9th. Tree Board is interested in providing input into Edmonds City Council Approved Minutes May 12, 2015 Page 13 Streetscape/Street Tree Plan in the future. The City Council held a public hearing on April 21. Tonight’s agenda item is for the Council to have discussion on the Streetscape & Street Tree update. More public input and a final decision on the complete Comprehensive Plan will occur in June/July. Councilmember Bloom referred to Goal 5, “Seek to maintain and retain existing healthy trees in the rights-of-way without sacrificing public safety or public infrastructure or encouraging a hazard or nuisance.” and suggested replacing “encouraging” with “allowing.” Councilmember Bloom asked whether Goal 7 was a recommendation from the Planning Board. Ms. Hope said it has not been presented to the Planning Board. Councilmember Bloom suggested incorporating Goal 7 into Goal 6. Councilmember Mesaros inquired about the maximum height of the recommended tree species. Ms. Hope answered the staff who developed the species list as well as the Tree Board were very cognizant of height and type. Councilmember Mesaros suggest include their maximum height in the plan. Ms. Hope agreed, recalling there had also been a suggestion to have more pictures. She suggested including pictures, description and maximum heights in the Street Tree Plan. Councilmember Buckshnis asked how the Tree City USA recognition standards are integrating into the Comprehensive Plan such as a Community Forestry Program with an annual budget of $2 per capita. She asked whether the second implementation strategy, Develop an Urban Forest Management Plan by the end of 2017, addressed that. Ms. Hope answered yes, an Urban Forestry Management plan is recommended by Tree City USA and would provide a bigger picture look at trees in parks, street trees, etc. For Councilmember Buckshnis, Ms. Hope assured the Tree Code proposed by the Tree Board is a separate action that will be presented to the Council in the future and is not part of this update. The Comprehensive Plan contains broad level policies and goals. Councilmember Petso observed staff’s proposal was to remove the entire Streetscape Plan from the Comprehensive Plan. Ms. Hope said it would be included as an appendix. Councilmember Petso asked the legal effect of having it as an appendix and not part of the Comprehensive Plan. Ms. Hope answered one of the problems with having it in the Comprehensive Plan is it contains things that are out of date. The City is legally obligated to implement its Comprehensive Plan. Staff recommends keeping the Comprehensive Plan more streamlined and not adopt a lot of things by reference. She noted plans adopted by reference may be limited to revision once a year when the Comprehensive Plan is updated. Councilmember Petso said there are several sections of the existing plan that reference Westgate and she was uncertain they were consistent with the recently adopted Westgate Plan. She asked if removing the Streetscape Plan from the Comprehensive Plan would create or eliminate a problem created by that inconsistency. Ms. Hope answered if it was a problem, this would eliminate it. She clarified some things are just out of date; the Streetscape Plan, adopted in 2006, includes a lot of dated information such as the 4th Avenue Cultural Corridor that needs to be updated. She has also proposed removing other things that were adopted by reference such as the Edmonds School District Capital Facilities Plan. She preferred those can be mentioned in the Comprehensive Plan but not adopted by reference. Councilmember Petso referred to the two implementation strategies, a Street Tree Plan and an Urban Forest Management Plan and asked whether the Streetscape Plan would be updated. Ms. Hope answered that is a bigger project than just the Street Tree Plan. Councilmember Petso recalled in November 1, 2010, the Council adopted changes to the Streetscape Plan particularly the street tree portion partial in response to tree cutting at 5th and Walnut or Dayton. There were assurances at that time that the plan would be reviewed more holistically in 2011. She recalled there were 15 changes made at that time but one Councilmember mentioned 7 changes he wanted considered when the plan was updated. She suggested Edmonds City Council Approved Minutes May 12, 2015 Page 14 one possibility, instead of taking the Streetscape Plan out of the Comprehensive Plan, updating it and having it reviewed by the Tree Board and Planning Board. There is a great deal of material in the plan including driveways, methods of service delivery to downtown, the flower program and a proposal to expand it to other business districts, not designing sidewalks for bike use, overhead wires and gateways, etc. She summarized there was a lot of good information she was not certain should be lost from the Comprehensive Plan. Ms. Hope said not including the material as an element was not losing it; it was still a reference point. Having it in the Comprehensive Plan it is still not a code or regulati on that can be enforced. Including it in the Comprehensive Plan may give the illusion that it can be enforced. Council President Fraley-Monillas asked if there any areas of Edmonds other than downtown that have street trees. Ms. Hope answered it is primarily in the downtown and the waterfront areas and a few more. The areas are identified on the Street Tree map Councilmember Nelson suggested the General section start with a statement that trees enhance the livability, character and quality of life. In the current draft, that is not mentioned until the fourth paragraph of the five paragraph General section. Councilmember Johnson recalled when she was on Planning Board, they reviewed recommendations from City Council about changes to the Streetscape Plan and the Street Tree Plan, predominantly related to tree species along Main Street. She advised there is a Streetscape Plan for Highway 99. 10. CIVIL SERVICE COMMISSION (EMC 10.25.090) UPDATE – FILLING OF VACANCIES- PROBATIONARY PERIOD Human Resources Manager Mary Ann Hardie explained the proposed change to the Civic Service Commission (EMC 10.25.090) relates to increasing the number of candidate names on the eligibility list for both entry and lateral level police officers to allow 20 c andidate names instead of 10. The testing process in the Police Department is continuous regardless of whether there are vacancies. Due to extremely competitive environment, the Police Department is experiencing challenges filling officer positions. Sharon Cates, City Attorney’s Office, Chief Compaan and she drafted an ordinance to update the code to change the number of candidates on the list from 10 to 20. That would provide more latitude for the department to consider more individuals and prevent an inordinately long wait for the list to be certified by the Civic Service Commissions that holds monthly meetings. The update will also remove reference to the fire department. It was the consensus of the Council to schedule approval of the ordinance on next week’s Consent Agenda. 11. NAMING FIRE STATION #16 Public Works Director Phil Williams explained staff is seeking Council action to approve placing signage on Fire Station 16. The choices of wording are:  Betty Mueller Memorial Building  Betty Mueller Fire Hall  Betty Mueller Memorial Fire Hall All three names are acceptable to the committee that met to discuss a name for the building. As mentioned during Audience Comments, approximately $1500 has been raised toward the purchase and installation of this signage. Any approval would be contingent on raising the entire amount. Edmonds City Council Approved Minutes May 12, 2015 Page 15 Councilmember Buckshnis relayed Rich Demeroutis’ opinion that Ms. Mueller would have wanted Betty Mueller Fire Hall but most other memorial building names in the City include the name followed by Memorial Building. Council President Fraley-Monillas preferred Betty Mueller Memorial Fire Hall, noting it was a memorial to her work for the Fire Department. Councilmembers Mesaros agreed, pointing out that maint ained the transition of including “Memorial” in the building name. Councilmember Nelson agreed. Mr. Williams referred to the picture, suggesting the name Betty Mueller Memorial Fire Hall would require smaller letters; Betty Mueller Memorial Building fits better and could be read more easily from street. Councilmember Buckshnis suggested the letters go to the edge of the building and Fire Hall has the same number of letters as Building. Councilmember Mesaros suggested placing “Betty Mueller” above “Memorial Fire Hall.” Mr. Williams commented there is a change in the texture and color of building. Councilmember Nelson pointed out Betty Mueller Memorial Building and Betty Mueller Memorial Fire Hall each have 28 letters. Councilmember Bloom suggested eliminating “The” from the name. Councilmember Johnson recalled when this was last discussed there were three options, a plaque, a sign and letters on the building. She asked whether the committee choose the lettering. Mr. Williams answered yes, they preferred the metal lettering. Councilmember Buckshnis explained the committee chose the lettering because the blue and white building signage did not fit and the plaque too small. It was the consensus of the Council to have “Betty Mueller Memorial Fire Hall” and squish it in however it fit. It was agreed to schedule approval on next week’s Consent Agenda. 12. PRESENTATION OF FINAL CONSTRUCTION COSTS FOR THE 15TH STREET WALKWAY PROJECT AND ACCEPTANCE OF PROJECT City Engineer Rob English advised construction was completed at the end of 2014. The project constructed 650 feet of 5-foot sidewalk on 15th Street between SR 104 and 8th Avenue. The award amount for Kamins Construction was $233,753; at the conclusion of the project, the final cost paid to Kamins Construction was approximately $200,000. The project was funded by a Safe Routes to Schools grant, 100% funding with no local match required. The project is now complete. Councilmember Mesaros said he walked on the walkway on Saturday afternoon and found it works well. Mr. English advised staff has heard several positive comments about the project. As someone who lives close by and often walks the entire project, Councilmember Nelson reported it is a wonderful project used on a daily basis by all ages. He suggested it would be better if vehicles slowed down. Councilmember Johnson relayed her understanding the nearby school sent a letter to parents saying it was unsafe and they would no longer provide crossing guards. Now that the walkway makes it safer, she suggested staff work with the School District to encourage students to walk to school. Mr. English answered that could be considered; the School District’s concern was not necessarily the route where the sidewalk was constructed, it was the intersection of SR 104 and 226th/15th. The route has definitely been Edmonds City Council Approved Minutes May 12, 2015 Page 16 improved. Councilmember Nelson concurred with Councilmember Johnson’s suggestion to work with the School District to restore the crossing guards. It was the consensus of the Council to schedule approval on next week’s Consent Agenda. 13. PRESENTATION OF THE CONSTRUCTION CONTRACT AWARD FOR THE 2015 WATERMAIN REPLACEMENT PROJECT City Engineer Rob English explained this is the introduction of the 2015 watermain replacement project, the annual watermain replacement program approved via the Water Comprehensive Plan. This year’s project is scoped for 9,400 lineal feet of watermain replacement. The project will be scaled to fit within the $2.6 million construction budget based on the construction bids. Bid opening is scheduled for Thursday, May 14. Once the bids have been opened and reviewed, staff will return to Council with a recommendation for award either on next week’s or the following week’s agenda. Councilmember Bloom said one of the replacements is in her neighborhood. She asked questions when the Parks, Planning & Public Works Committee existed including whether to recuse herself because it is in her neighborhood. The map does not show the location well; after calling Public Works she learned the location had been changed and would no longer go past her house and down 8th Avenue. The location of other sections of the project are also unclear. She asked how residents were informed and how sections were identified. Mr. English said the map was incorrect; the location of #4 Aloha, Daley and 8th, the watermain replacement will only occur on Daley and Aloha. The reason for those replacements is to improve fireflow and replace cast iron pipe. During the development of the Water Comprehensive Plan, criteria was used to rank the priority of pipeline replacements. Watermains have been replaced per that schedule with the exception of replacement done at the time of a transportation project such as the Five Corners roundabout. Councilmember Bloom referred to #4 and clarified the segment on 8th Avenue between Aloha and Daley was not being done. Mr. English agreed and said the map will be updated to reflect that. Councilmember Bloom asked if the stairway would be taken out. Mr. English offered to follow up with Councilmember Bloom tomorrow. Councilmember Bloom asked how residents are notified of the project, noting it will be a significant disruption to residents who live in the area and use the walkway. Mr. English advised signs will be put up notifying of the upcoming project. The City also mails postcards to adjacent residents with the project manager’s contact information and press release is done at the time of construction with the same information. Councilmember Bloom inquired about the location of #3 and #6 and whether the “jogs” are onto private property. Mr. English said neither location would go onto private property. He offered to follow up with Councilmember Bloom. It was the consensus of the Council to schedule award of bid on next week’s or the following week’s Consent Agenda. 14. PRESENTATION OF A SPRINT MASTER USE AGREEMENT AND SITE USE AGREEMENT FOR INSTALLATION, OPERATION AND MAINTENANCE OF THEIR WIRELESS EQUIPMENT IN THE RIGHT OF WAY Public Works Director Phil Williams said this Master Use Agreement (MUA) authorizes Sprit to use the right-of-way to erect communication facilities as has been done with several other communication companies. A Site Use Agreement would be developed for any specific sites. The agreement sites the relevant code sections, includes recommended changes in fees for facilities. Sprint needs the Site Use Agreement for their facility at 8730 Main Street. The City has MUA with three other companies with Edmonds City Council Approved Minutes May 12, 2015 Page 17 virtually identical language. He recommended scheduling the agreements on next week’s Consent Agenda for approval. It was the consensus of the Council to schedule approval on next week’s Consent Agenda. 15. PRESENTATION OF AN INTERLOCAL AGREEMENT WITH PSE FOR THE 238TH ST. SW WALKWAY AND DRAINAGE IMPROVEMENTS PROJECT City Engineer Rob English explained the City secured a Safe Routes to Schools grant. That project was combined with stormwater improvements in the same general area. In 2013 PSE did a gas main replacement on 238th which included tearing out and repairing a portion of the street. Rather than a permanent patch, the City required PSE to contribute to the pavement overlay on 238th. The estimated cost of PSE’s portion is $78,000; the final amount is unknown until construction bids are received. He recommended forwarding the Interlocal Agreement to the Consent Agenda for approval. It was the consensus of the Council to schedule this on next week’s Consent Agenda. Mayor Earling declared a brief recess. 16. SUNSET AVENUE WALKWAY PROJECT UPDATE Public Works Director Phil Williams explained this is an informational update. He provided background:  August 19, 2014 Council approves a “trial or proof-of-concept” project along with a small budget in order to get experience with a multi-use path on the west side of Sunset  Between August 19 and September 18, Public Works crews restriped, placed bumpers, painted curbs, adjusted and placed new signage, built temporary ramps, marked crosswalks and placed stencils to delineate a pathway. Parks crews added mulch and planted low-lying roses. He displayed photographs of:  People enjoying Sunset in an unstructured way prior to the project, walking on an informal path on the west side of the curb, in the street, with their backs to traffic.  The current situation illustrating the pathway and angle parking and the mulched area with roses which will grow up and occupy more space and provide a more effective barrier to discourage people from the bank He summarized field changes vs design:  Transition of the pathway from west of the curb to east of the cub was done 600 feet south of where the final design had shown it. o This was done to fit the project within the $20,000 budget o Moved angle parking 8 feet east o Still left a full 13 feet of clear pavement o This could be increased in a full-scale project Mr. Williams displayed and reviewed a drawing of this alignment, identifying BNSF’s right-of-way. He identified changes made since September 18th and displayed a drawing identifying the location of the changes:  4 spaces restriped for compact cars  Wheel stops (safety issue)  Pathway speed signs - 10 mph for all modes of non-motorized traffic  Parking and no parking signage  1 parallel parking space adjacent to 218 Sunset driveway removed Edmonds City Council Approved Minutes May 12, 2015 Page 18  PUD box will be moved out of pathway He reviewed data gathered with regard to daily traffic volumes: Average volumes per day November 2014 April 2015 300 Sunset Avenue (middle of angle parking) 840 25-40% higher 400 Sunset Avenue (400 feet south of Caspers) 880 Speeds (Average/85th percentile) 300 Sunset Avenue 16/23 16/21 400 Sunset Avenue 21/26 20/23 He commented the average and 85th percentile speed was too fast in the current configuration; 12-13 miles per hour was more appropriate. If the Council authorizes a project on Sunset, something will need to be done to better control speeds. He noted when there is more traffic and more parked cars, drivers tend to slow down. He reviewed wrong way traffic data gathered during the study period via the pneumatic tubes that count traffic volume and speeds: Wrong Way Traffic November 2014 April 2015 300 Sunset Avenue 5 4 400 Sunset Avenue 6 10 Total 11 14 If the Council authorizes a project, Mr. Williams recommended doing things at Caspers and Sunset to make wrong way traffic less likely. The data indicated a significant number of wrong way drivers hit one set of tubes but not the other, indicating they were destined for a location along Sunset or turned around. He reviewed accident history: 6 reportable accidents during 2014, 4 occurred near Main and Sunset and only 2 within the project limits. One was a backing accident in the vicinity of the angle parking but occurred before the changes were made on Sunset. The only reported accident that has occurred since the project was at the north end within 300 feet of Caspers was a backing accident out of a driveway. No accidents have occurred in 2015 but that will continue to be monitored. He commented on possible future projects:  Replace install upgraded underground utilities  Grind/overlay Sunset from Bell Street northward, including west side curb and gutter  Install methods to prevent/discourage wrong way drivers  Take steps to discourage speeding through area  Adjust angled parking to create a larger travel lane behind the parking spaces  Restripe Sunset (the rail line segment) after repaving  Consider a C-curb or other separation along the walkway where possible to create separation  Upgrade City property at south end to become a public viewpoint and rebuild Caspers Street to 3rd Avenue Mr. Williams commented on the evaluation phase:  Staff met with Council task force/committee on May 6 o Task force preferred periodic counts by staff in the field to a video recording of activity that could lead to counts later o The task force was interested in data related to usage of the walkway by various non- motorized user groups  Need to run the evaluation through this fall to get a full year of data and cover each season Edmonds City Council Approved Minutes May 12, 2015 Page 19  Follow that with survey work and public meeting to get input from the public o Task force has mixed feeling about the cost of a statistically significant survey due to cost  Staff could use direction on other evaluation steps Councilmember Buckshnis observed the bicycle signage on the pathway has only been in place a few months so a true test did not begin in August because some bicyclist did not know they could use the pathway. Mr. Williams explained delivery of the bike stencils and the weather delayed the application of the stencils. Bike use on the pathway so far has not been heavy although that may change when the weather improves. The Edmonds Bicycle and Cascade Bicycle Clubs have notified their members. Councilmember Buckshnis agreed with Mr. Echelbarger’s concern about the lack of parking to the north. People picnicking in that area have no place to park, which is not conducive to families, picnickers or wheelchairs. Mr. Williams commented this was a trial project and there was no money fix driveways. A lot of the driveways are narrow and the goal was not to interfere with residents’ driveways. A project with funding could include installing new curb returns on those driveways which would allow parallel parking in a number of locations. Councilmember Buckshnis objected to videoing for privacy reasons. Councilmember Bloom clarified rather than a task force, it was a Council committee formed after the retreat. The members are Council President Fraley-Monillas, her, Mr. Williams, Mr. English, Ms. Hite and Ed Sibrel. She was opposed to spending $20,000 for statistically significant survey and preferred to obtain the information in a more inclusive, transparent, open government way. Councilmember Petso referred to her discovery of standards for the appropriate width of a multi-use pathway that includes bicycles and said the path on Sunset is not that width. She asked whether that width would be retained until this fall. Mr. Williams said that has been discussed with the State; 10 feet is the preferred width. The path on Sunset is 10 feet but 2 feet are reserved where there is parallel parking for car doors to open which effectively provides 8 feet. A deviation can be obtained from the State down to 8 feet if certain conditions are met; he was hopeful the City could obtain that. He did not anticipate a 12 - foot pathway could be provided with 2 feet for car doors to provide a 10-foot path. He summarized although the existing path may not be what some manuals suggest as an ideal width, 8 feet is grant fundable and usable. Councilmember Petso assumed 10 feet was preferred because it was safer. She asked why the City was interested in asking for permission for a less safe path. Mr. Williams clarified he was not saying that. It was more to do with comfort and separation of users. Although separation was related to a feeling of safety, there was not a lot of accident statistics to back that up. Much of it has to do with two people walking side by side passing two other people walking side by side without walking single file. Councilmember Petso clarified her reference was the addition of bikes to the walkway. She questioned why the City would press for an exception to allow that to occur. Mr. Williams said the hope was to provide a southbound identified option for bicycles if they are willing to ride 10 mph on a non-motorized pathway. If bikes are riding 10 mph there should not be a significant conflict with other modes of non- motorized traffic. Councilmember Petso asked if the purpose was out of a necessity for southbound cycling on Sunset or to aid in obtaining a grant. Mr. Williams said it may be for both those reasons and others. If he was on a bicycle traveling southbound and the choice was 3rd Avenue or Sunset, he would find Sunset more fun, interesting, enjoyable to ride on although he would have to slow down a little. As long as bikes slow down to 10 mph, they are welcome on the path. The bicycle portion of the project got a late start because it wasn’t marked, the balance of the good weather will provide more data. He encouraged bikes to use the pathway to assist in identifying any concerns. Edmonds City Council Approved Minutes May 12, 2015 Page 20 By the end of the trial Councilmember Mesaros requested a recommendation and a plan for moving forward. He has received very positive comments regarding the walkway on the west. He suggested investigating how to move the walkway further west to mitigate concerns with driveways, parking, etc. and asked what the options are for working with BNSF. He expressed willingness to work with staff on discussions with BNSF. Mr. Williams commented BNSF’s interest is moving freight on the tracks and little else. If components of a project could be seen by BNSF as beneficial to them, they may be more interested. Council President Fraley-Monillas was not interested in building on BNSF property and envisioned that as lose-lose and cost prohibitive. She was concerned with building a path close to the cliff. She observed there was little parking at the north end due to driveways and the narrow roadway. She asked whether adding parking spaces would narrow the roadway for fire trucks, delivery trucks, etc. Mr. Williams said some additional parallel parking spaces could be added in the trial project and definitely in the final project by improving some of the driveways. Fire District 1 has stated they do not need 20 feet of clear pavement all along Sunset Avenue but there needs to be periodic locations with 20 feet of pavement. They need a periodic fire hydrant and the ability to drive to the hydrant, set up their outriggers; they can drag hoses a certain distance. If new waterlines were installed on Sunset Avenue in a final project, hydrants would be added in key locations; the code requires fire hydrants every 600 feet. Council President Fraley-Monillas said she was not interested in disturbing citizens on the east side of Sunset any more than the City already has unless there was enough money to improve their driveways, redo the sidewalk, etc. Council President Fraley-Monillas inquired about southbound bikes on the street. Mr. Williams said that was illegal. Southbound bikes often use the pathway until they reach a group of pedestrians, then veer out into the street and back on the pathway. He preferred bikes slow down, stay on the pathway and observe normally accepted rules of the road. If a bicyclist was in a hurry, he suggested they use the southbound lane on 3rd Avenue. Council President Fraley-Monillas inquired about traffic calming ideas for Sunset Avenue. Mr. Williams commented that was a rapidly growing area of traffic engineering. The conceptual design had a table top intersection at Edmonds and Sunset. Other options include speed humps, speed bumps, speed tables, signage, lowering the speed limit to 15 mph, etc. He noted speeds are slower behind the angle parking; where drivers are uncomfortable, there will be a reduction in average speed. Councilmember Johnson suggested a low cost, low tech solution to gathering data: create a simple paper questionnaire that could be distributed during the summer peak period. She suggested questions about southbound and northbound bicycles, the general concept, parking, and the speed limit. Councilmember Nelson thanked staff for their data-driven presentation, particularly the high number of wrong way drivers. For Councilmember Nelson, Mr. Williams described a C-curb, explaining he did not envision installing it on the entire pathway due to the Fire Department’s need for 20 feet of clear pavement and a C-curb is difficult for the Fire Department to mount. Councilmember Petso recalled the south end of the project was fairly clear, the center was controversial and the north end along Caspers was not resolved. She encouraged staff to bring back the Caspers piece to Council and not wait for the conclusion of this trial. Mr. Williams agreed with that thought but attracting outside funding will require a holistic project. If funding for a holistic project was not attainable, it may be appropriate to do a piece at a time. Councilmember Petso clarified she did not mean implementing a project but reaching Council and public consensus on the Caspers piece. Edmonds City Council Approved Minutes May 12, 2015 Page 21 Councilmember Mesaros said he has occasionally seen wrong way drivers and after waving at them, they turn around. Mr. Williams commented there is more northbound traffic going over the tubes on the south end which would explain U-turns. Councilmember Bloom said the Council committee discussed having discussions with BNSF and agreed that would be futile. She recalled Mr. Williams telling the subcommittee that the goal was not to build anything on BNSF property due to the lease and because doing significant improvements on their property was not feasible. She questioned Mr. Williams’ earlier response to Councilmember Mesaros about working with BNSF. Mr. Williams said he was acknowledging Councilmember Mesaros’ vision; his belief in what is doable has been blunted over the past four years by conversations with BNSF. He would like to see something done that the community can enjoy and is trying to make recommendations that are reasonable and fundable but was willing to acknowledge a larger vision if that was possible. From a practical standpoint if the goal was to do something in the next couple years, he would try not make any additional improvements on the railroad side of the existing curb. The railroad has allowed the City to have a street on their right-of-way for 70 years and. Councilmember Bloom referred to Mr. Williams’ comment about drainage improvements that would help the railroad and asked what the City would get for that, noting the railroad was unlikely to contribute. Mr. Williams did not expect to get anything from BNSF. Anything that was done on the surface of Sunset that improved the drainage and put less water into the soils on the bluff which reduces sluffing/maintenance, BNSF was not likely to see those improvements as something to complain about but rather would welcome them. Based on conversations he has had with BNSF in the past, he did not think they would have the same attitude about building new improvements west of the curb. BNSF is very touchy about safety issues and having pedestrians walk closer to the bluff which could lead them to consider fences. Fences are an unpopular topic and he did not want to tempt fate by going further west. As long as the City did not do that, BNSF has shown a willingness to work with the City. Councilmember Mesaros commented the City already has major investments and improvements on BNSF property so it is not unusual that improvements have been made and important services provided on property the City does not own. Mr. Williams agreed the City has easements with BNSF for the pump station and the alternate power on the north end that serves the pump station, a lease for a park purposes on Railroad Avenue and an easement for a guardrail. What has changed in the last several years is BNSF is no longer willing to grant easements in perpetuity that are linear to the tracks due to issues that have arisen in other communities when they try to call the lease. Councilmember Mesaros summarized the City has long term agreements with BNSF that have worked out well for the City. Mr. Williams agreed. 17. MAYOR'S COMMENTS Mayor Earling highlighted the efforts of Bruce Higgins, the recipient of the WRPA Citation of Merit Award, an indication of how much the community benefits from volunteers. He recognized the Floretum Garden Club who was selected as the Citizen of the Year by the Kiwanis Club. A presentation will be made at the May 28 Chamber meeting. The Floretum Garden Club and its 90+ members as well as City staff do a fabulous job on flowers for the City. Mayor Earling recognized Ms. Hite for recently completing a term as President of the Washington Recreation and Park Association as well as the fabulous job she does for the City. 18. COUNCIL COMMENTS Councilmember Mesaros commented tonight’s meeting included good discussion on a number of topics and he enjoyed hearing what his fellow Councilmembers are thinking. Councilmember Buckshnis commented she was shocked a club could be a citizen. The Floretum Garden Club deserves the award. Councilmember Nelson encouraged the public to look at videos of Bruce Higgins and the Edmonds Underwater Dive Park. Not a diver himself, he recognized that installing the underwater trails was very labor intensive. Councilmember Nelson was impressed with the level of public engagement at last week's Marina Beach open house which was attended by 100 people, as well as how responsive the consultants have been to citizens' concerns. Councilmember Bloom strongly encouraged Council President Fraley-Monillas to move up the discussion regarding committees. It is scheduled on the extended agenda for June 23, 6 weeks from today. Items on agendas have been rescheduled multiple times due to the lack of committees. Council President Fraley-Monillas said Councilmember Mesaros had moxie for wanting to take on the railroad. With regard to discussions with Fire District 1, Council President Fraley-Monillas reported in January the City and Fire District 1 agreed to meet and discuss potential amendments to the contract. Because the City no longer has in-house fire and EMS expertise, the administration has been looking to engage a fire and EMS consultant with that expertise. That objective knowledge will facilitate meaningful review and periodic oversight of the District's service. Such a consultant could analyze the efficiency of the service provided by the District, compare the service to the fire and EMS service goals and ultimately make recommendations regarding how the contract might be amended to further these goals. The Mayor hopes to complete this effort in the next couple weeks. The plan is for all Councilmembers to weigh in with their thoughts on service early in the process. 19. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. 20. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 21. ADJOURN With no further business, the Council meeting was adjourned at 9:47 p.m. Edmonds City Council Approved Minutes May 12, 2015 Page 22