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04/21/2015 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES April 21, 2015 The Edmonds City Council meeting was called to order at 6:45 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 Kristiana Johnson, Councilmember Lora Petso, Councilmember Joan Bloom, Councilmember Thomas Mesaros, Councilmember Michael Nelson, Councilmember ELECTED OFFICIALS ABSENT Diane Buckshnis, Councilmember ALSO PRESENT Noushyal Eslami, Student Representative STAFF PRESENT 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. Linda Coburn, Municipal Court Judge Rob English, City Engineer Bertrand Hauss, Transportation Engineer Joan Ferebee, Court Administrator Kernen Lien, Senior Planner Mike Clugston, Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder 1. CONVENE IN EXECUTIVE SESSION TO DISCUSS PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) At 6:45 p.m., Mayor Earling announced that the City Council would meet in executive session to discuss pending or potential litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last approximately 15 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, Petso, Bloom, Mesaros and Nelson. Others present were City Attorney Jeff Taraday, and City Clerk Scott Passey. The executive session concluded at 6:54 p.m. Mayor Earling reconvened the regular City Council meeting at 7:00 p.m. and led the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with the exception of Councilmember Buckshnis. 3. APPROVAL OF AGENDA COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO MAKE ITEM 10 DISCUSSION ONLY. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes April 21, 2015 Page 1 COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO MOVE ITEM 11 TO ITEM 8B, FOLLOWING THE TWO PUBLIC HEARINGS. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER NELSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF REVISED CITY COUNCIL MEETING MINUTES FROM APRIL 7, 2015 B. APPROVAL OF DRAFT CITY COUNCIL MEETING MINUTES OF APRIL 14, 2015 C. APPROVAL OF CLAIM CHECKS #213799 THROUGH #213890 DATED APRIL 16, 2015 FOR $382,189.75 (REISSUED CHECKS #213806 $10.35 & #213890 $282.57) APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #61573 THROUGH #61583 FOR $472,864.88, BENEFIT CHECKS #61584 THROUGH #61588 AND WIRE PAYMENTS OF $514,840.97 FOR THE PAY PERIOD APRIL 1, 2015 THROUGH APRIL 15, 2015 D. INTERLOCAL AGREEMENT - NORTH SOUND METRO SWAT E. DIVERSITY COMMISSION ORDINANCE F. JANUARY 2015 BUDGETARY FINANCIAL REPORT G. CITY PERSONNEL POLICY UPDATE �� 9 z1141 KM ry 1 Men D) 3MM 1F.110 1tMI IM11 a 4T41 k1jiI 1%la Mayor Earling read a proclamation declaring April 24 in Edmonds to be Stand Against Racism Day and called upon all public officials, educators, businesses, community leaders and all people of Edmonds to observe this day and commit themselves going forward to fight against racism whenever and wherever it may appear. He presented the proclamation to Mary Anne Dillon, YWCA's Senior Director for Snohomish County. Ms. Dillon introduced Luanne Kunz, YMCA Regional Community Affairs Coordinator and her daughters Madeline and Ella. She explained Stand Against Racism Day (SARD) was originally founded at the Trenton, New Jersey YWCA in 2007 and has grown to be nationwide movement. Friday, April 24 will be the fifth annual SARD; there will be a screening of "Race: The Power of an Illusion" at the Everett Music Hall. The YWCA is dedicated to eliminating racism, empowering women and opening doors to women and families facing poverty, violence and discrimination. They focus on eliminating the great disparities that disproportionately affect women and families of color in education, healthcare, employment, housing and nearly every institution in the country. Standing together against racism this evening reminds us there is still work to be done in the community and together we can make a difference. 6. AUDIENCE COMMENTS Doug Schwartz, Edmonds, relayed Edmonds Community College (EdCC) has declared the Edmonds Conference Center obsolete and they want to dispose of it. His research uncovered several rumors. First, that EdCC wants Northsound Church to purchase the property; Mary Heffernan who runs the E-learning center at EdCC said there have been no discussions with anyone and they are completely out of process of disposing of the property. Second, that State agencies have to decide first whether they want the property and have until May 4 to express interest; Stefanie Fuller, Department of Enterprise Services, who is Edmonds City Council Approved Minutes April 21, 2015 Page 2 handling the disposal stated, "we do not require a detailed proposal. Actually just an email or letter that simply states your interest is sufficient. Just responding you have interest as a legitimate purchaser is all that is necessary." He also heard that the City cannot afford the $2.3 million purchase price. Ms. Fuller specifically said that is only a reference point; there are many offsets that can be used including job creation or tax revenue to the State that would allow the purchase price to be reduced. He supported the City acquiring this property if, after investigation, it makes sense. He proposed the City Council formally investigate the purchase of the property and indicate interest by the May 4 deadline. Al Rutledge, Edmonds, thanked everyone who donated to Carol Rowe Food Bank's Easter food drive at IGA. Food can also be dropped off at the Food Bank at 828 Caspers. Jenny Anttila, Edmonds, commented the City has a unique opportunity now that conference center is available from State as surplus property as stated in their bulletin sent out March 4 and April 13. The language in the bulletin states the department is acting on behalf of the State and may transfer, exchange, sell, or lease the property in full or part consideration for land or improvements, or for construction of improvements equivalent to fair market value or for mutual and offsetting benefits to any of the following government agencies which includes the City in which the real property is located. There are few possibilities for the City to grow its facilities in the downtown core. Potential uses include downtown restrooms and rental space for community groups. She suggested the Council schedule discussion on their agenda. Sam Markiel, Edmonds, said he and his sister have gifts for the Council. Alex Markiel, Edmonds, recognized carbon neutrality was important for the City. For every artificial turf field, the City will need to plant 3,210 trees to stay carbon neutral. Sam and Alex Markiel provided plants to Councilmembers and the Mayor. Emily Hill, Edmonds, commented it was a proud moment in history; the Mayor and Council have listened to and fostered the efforts of concerned residents to welcome the immigrant community to the City, recognize the groundswell interest in becoming a more diverse community and provide for underprivileged children from economically challenged households. She referred to the bounty of resources the community can muster such as the Edmonds Mom Facebook page members who cloth, bag food and put out the call to community resources on behalf the 407 homeless Edmonds School District children, the Edmonds Senior Center that shelters the homeless and provides community to the aged, the Edmonds School District Foundation that involves Edmonds businesses and patrons in harnessing resources for children, the many residents who participated in raising over $57,000 via GoFundMe for the Rice brothers when their dad passed away on Christmas, chess clubs that promote speaking, and a new church forming for the Latino community. There are generous shop owners willing to donate such as Nama Candy who provided gifts of welcome for this evening's Gambian visitors. She summarized there have been many "Do the Right Thing" efforts/events in Edmonds. Ms. Hill expressed gratitude to Mayor Earling for the Stand Against Racism Day proclamation and to the Gambian delegation for believing Edmonds is a welcoming community. Edmonds becomes more enriched, more learned and stands taller when it stands against racism and fosters the efforts of forming a diverse community. She thanked the Council, Mayor and Ms. Hite for their thoughtful deliberation over the past eight months toward making this evening one that showcases the best Edmonds can be. Roger Hertrich, Edmonds, recalled speaking to the Council last week about his concern with the Tree Code proposed by the new Tree Board and under review by the Planning Board. After listening to the discussion about the formation of a Diversity Commission, he wondered if each Councilmember planned to propose a new committee so they would each have their own committee. Every committee costs citizens a lot of money. He suggested the City was getting off track and should stick to the business of Edmonds City Council Approved Minutes April 21, 2015 Page 3 water, sewer and roads and things that are really important although he objected to some of the methods for financing utilities. The Water Fund currently has a balance of $13 million, another fund has $8 million and the Sewer Fund has $42 million from the bond sale although there are not $42 million in projects. Staff has proposed to "soak us all well now for what they want to do in the future" which he assumed meant more committees, staff, etc. Residents will be restricted from cutting trees on their own property, fees for staff and penalties if they did it wrong, as well as billed for utility work that will not be done in the near future. He suggested reversing the process by eliminating extra committees and the proposal by the Tree Board to restrict property rights so there is time to deal with things like how much citizens are being billed. He summarized the most volatile issue to Edmonds citizens is restricting their property rights. Councilmember Bloom referred to the passionate plea made by two citizens related to the Edmonds Conference Center which has also included emails to Council in February. She suggested they be given some idea whether the Council intends to take any action regarding the Edmonds Conference Center. Mayor Earling said Council President Fraley-Monillas intends to bring that up under Council Comments at end of the agenda. 7. PUBLIC HEARING ON AN ORDINANCE DESIGNATING THE PROFITUASTELL HOUSE LOCATED AT 825 MAIN STREET, EDMONDS, WASHINGTON FOR INCLUSION ON THE EDMONDS REGISTER OF HISTORIC PLACES AND DIRECTING THE DEVELOPMENT SERVICES DIRECTOR OR HIS DESIGNEE TO DESIGNATE THE SITE ON THE OFFICIAL ZONING MAP WITH AN "HR" DESIGNATION. (FILE NO. PLN20100013) Senior Planner Kernen Lien explained the Profitt/Astell House has been nominated for consideration for placement on the Edmonds Register of Historic Places. The property owners nominated the house and signed the authorization form. He described the effects of listing on the register: Honorary designation denoting significant association with the history of Edmonds Prior to commencing any work on a register property (excluding repair and maintenance), owner must request and receive a certificate of appropriateness from the Historic Preservation Commission May be eligible for special tax valuation on their rehabilitation He provided an aerial map and identified the location of the house on 825 Main Street. He reviewed designation criteria and how the Profitt/Astell House meets the criteria: Significantly associated with the history, architecture, archaeology, engineering or cultural heritage of Edmonds o This house is associated with the early residential growth of Edmonds and is associated with George Profitt one time water superintendent and plumbing proprietor of Reliable Flooring and James Astell (son of Carrie Yost Astell) who served several terms as a city councilman as well as the town's Fire Chief Has integrity o The house is a largely intact example of a 2-story Craftsman bungalow At least 50 years old, or has exceptional importance if less the 50 years old o The building was constructed in 1901 and thus is 114 years old Falls into at least one of designation categories, ECDC 20.45.010.a-k b. Embodies the distinctive architectural characteristics of a type period, style e. Is associated with the lives of persons significant in national, state or local history g. Is a building or structure removed from its original location but which is significant primarily for architectural value, or which is the only surviving structure significantly associated with a historic person or event o The building was moved in 1927/1928, approximately the time the Edmonds Elementary School (currently the Francis Anderson Center) was being constructed Edmonds City Council Approved Minutes April 21, 2015 Page 4 He provided a photograph of the house and described significant features: The building is a two-story rectangular building Craftsman bungalow The building has a front gable roof and a full width hip roofed front porch along the entire south facade. The building has four simple supporting brackets, a common feature of a Craftsman bungalow The Historic Preservation Commission held a public hearing and found: The nomination meets the criteria and is eligible for designation in the Edmonds Register of Historic Places. The exterior of the structure contains the significant features. Recommends the property be listed on the Edmonds Register of Historic Place The packet contains a proposed ordinance for listing the property on the Edmonds Register of Historic Places. Mr. Lien provided a 1906 photograph of 6th Avenue and Dayton; this house was constructed in 1901. Mayor Earling opened the public participation portion of the public hearing. There was no one present who wished to provide testimony and Mayor Earling closed the public hearing. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, COUNCILMEMBER PETSO, TO APPROVED ORDINANCE NO. 3995, DESIGNATION THE EXTERIOR OF THE PROFITT/ASTELL HOUSE LOCATED AT 825 MAIN STREET, EDMONDS, WASHINGTON, FOR INCLUSION ON THE EDMONDS REGISTER OF HISTORIC PLACES. MOTION CARRIED UNANIMOUSLY. 8. PUBLIC HEARING ON DRAFT STREETSCAPE/STREET TREES ELEMENT - 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; the 2006 Streetscape Plan is adopted by reference and includes various appendices such as the Street Tree Plan. This update includes only minor amendments to the Street Tree Plan; further revisions to the plan will be made in the future. She reviewed the current proposal with regard to a streetscape and street trees: Add a new Streetscape and Street Tree section into the Comprehensive Plan to address goals and policies Make minor adjustments to the Street Tree Plan to allow for better performing trees along certain trees; Do not adopt the Streetscape Plan by reference, but include it as an appendix to the Comprehensive Plan. Add two implementation strategies to the Streetscape & Street Tree 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 2107 The Planning Board discussed the Streetscape & Street Tree Section on March 11"' (introduction) and April 18th (recommendation) and the Tree Board discussed the same material on April 9th. Through meetings with staff from the Parks and Recreation Department, staff identified the following key points: Certain tree species in the existing Street Tree Plan (2006) were underperforming or the wrong shape and size for the area indicated for planting The existing Street Tree Plan Map was difficult to read Edmonds City Council Approved Minutes April 21, 2015 Page 5 A more in-depth study on street trees is needed Ms. Hope displayed the draft 2015 Street Tree Plan map. Proposed changes to trees in the Street Tree Plan include: Replace European Hornbeam with Capital Pear Replace Sargents Cherry with Bowhall Maple Replace Kwanson Flowering Cherry with Capital Pear She explained tonight is a public hearing on the Streetscape & Street Tree Plan update. Further discussion on the Streetscape & Street Tree update is scheduled for the April 28 Council study session. Councilmember Petso asked whether the Street Tree Map applied only to downtown. Ms. Hope answered it is primarily the downtown area and a couple other corridors. Councilmember Petso asked whether the Street Tree Map covers the entire bowl area or only west of 51h. Ms. Hope offered to confirm that. Councilmember Nelson recalled reading that the Planning Board recommended the Plan include pictures of the trees. He agreed that would be helpful. Councilmember Johnson advised the Streetscape Plan includes Highway 99, the 4t` Avenue Corridor and the downtown area. Mayor Earling opened the public participation portion of the public hearing. Roger Hertrich, Edmonds, agreed planning for trees in the right-of-way was important, recalling some have damaged sidewalks and/or become oversized. His primary concern was view corridors and the loss of air and light when things get too big and block views. He suggested the ordinance address view blockage, protecting view corridors and add a maximum height. For example, planting the wrong tree species in front of a business could be detrimental to the business if the tree blocked the public's view of the business. He recalled a citizen at a Tree Board meeting who expressed concern with a tree in a right- of-way island that grew so large it blocked their view of Puget Sound. He suggested the residents in the surrounding area be consulted whenever a tree is planted in the right-of-way. Jenny Anttila, Edmonds, suggested instead of focusing on tree removal/trimming on private property, the City look at how trees block access on sidewalks. When walking in the City, people often have to duck under trees or walk single file because hedges are growing onto the sidewalk. She suggested the City trim vegetation that blocks downtown sidewalks rather than charging property owners for cutting trees that are problematic for them and their neighbors. Hearing no further comment, Mayor Earling closed the public participation portion of the public hearing. 11. PRESENTATION ON DRAFT PROJECT LIST AND LEVEL OF SERVICE (LOS) STANDARDS FOR THE 2015 TRANSPORTATION ELEMENT PLAN Transportation Engineer Bertrand Hauss recalled about a month ago, a presentation was made to Council regarding the goals and policies in the Transportation Plan. Work on the plan began in October 2014 and is scheduled to be completed in July. All the projects and LOS standards have been reviewed by the Transportation Committee which also acts as the Walkway Committee, and the Edmonds Bicycle Group. This presentation was also made to the Planning Board on April 8. Don Samdahl, Fehr & Peers, clarified these projects are capital roadway improvements and are not the entire Transportation Improvement Program that the City adopts annually. Many projects are included as reference within the Transportation Plan covering maintenance, traffic calming and other operational Edmonds City Council Approved Minutes April 21, 2015 Page 6 elements. GMA requires cities look into the future; the City's traffic model looks to 2035 based on land use, growth assumptions in Edmonds and in the surrounding communities. He explained LOS grading is A to F. He reviewed the Roadway LOS Standard: Facility Standard (Measured during PM peak hour City Streets Arterials: LOS D or better (except state routes) Collectors: LOS C or better State Routes SR 99 north of SR 104 & SR 524: LOS E or better He displayed and described several maps: Existing PM Peak Hour Intersection LOS o LOS designation o Intersections that meet LOS designation o Highway of Statewide Significance intersections — State has control over setting the LOS o Non -Edmonds City intersection 2035 Intersection LOS o Intersections that meet and do not meet LOS standard o Highway of Statewide Significance intersections Recommended Capital Road Improvements (intersections and roadway improvements) He explained virtually all the intersections that do not meet LOS standards in 2013 were in the previous plan and are carried forward. He highlighted two projects on 841h and 238' that are primarily safety improvements although they also improve roadway capacity by creating 3 lanes but are not specifically needed to meet the LOS standard. He referred to a list of capital road projects in the Council packet. Mr. Hauss reviewed a map of Existing and Recommended Walkways, projects identified by the Transportation/Walkway Committee. The projects are located throughout the City including 27 long (over 1,000 feet in length) walkway projects and 12 short (less than 1,000 feet) walkway projects. Granting agencies require walkways be identified in the Walkway Plan; these 39 projects that would be grant eligible. The projects were ranked by the Transportation/Walkway Committee using six criteria such as safety, pedestrian safety, connectivity to transit, schools, etc. He identified the top ranked walkway projects: Long Walkways 1. 80th from 206th to 212th 2. 218th from 76th to 84th Short Walkways 1. Dayton Street across from Frances Anderson Center, a 250-foot section with no walkway on the south side 2 2nd Avenue between Main and James, a 100-foot section without sidewalks Mr. Hauss described the pedestrian LOS standard: LOS Within Pedestrian Priority Network Green Provides pedestrian facility* as shown in Walkway Plan Yellow Provides a lower -level pedestrian facility* than recommended in Walkway Plan Red No pedestrian facility provided Mr. Hauss displayed and reviewed a map of Recommended Bicycle Facilities, explaining the map contains existing and proposed facilities. Facilities can be bike lanes where the roadway width allows striping for bike lanes (may require removal of parking), bike sharrows in areas where the roadway is not wide enough for bike lanes, and bike routes. The City secured a grant along with Lynnwood and Mountlake Terrace for $1.9 million to do many of the bicycle facilities proposed on the map such as: Edmonds City Council Approved Minutes April 21, 2015 Page 7 76th from Olympic View Drive to 220th: convert from 4 lanes and 2 lanes with parking to 3 lanes (1 northbound, 1 souhbound and a center turn lane) and bike lanes on both sides. In areas where there is parking, evaluation will be done with regard to remove parking on one side of street (part of roadway is in Lynnwood). 212th from Five Corners to Highway 99: convert 4 lanes to 3 lane with bike lanes 220th from 84th to 76th: Currently 2 lanes with parking on both sides, as part of overlay, restripe to add bike lanes Numerous bike routes Olympic View Drive from 196th/SR 524 to 76th: Bike sharrows (striping to alert drivers of the possibility of bicycles) Mr. Hauss described bicycle LOS standard: LOS Within Bicycle Network Green Provides bicycle facility* as shown in Bicycle Plan Yellow Provides a lower -level facility* than recommended in Bicycle Plan Red No bicycle facility provided He summarized current and proposed bike facilities in the City: Bike Lanes o Currently: 6 miles o Proposed: 9 miles Bike Route Signage o Currently: 5 miles o Proposed: 20 miles Bike Sharrows o Currently: 1.7 miles o Proposed: 3 miles Bike Racks o Proposed: Yost Park and City Park Mr. Samdahl displayed and reviewed a map of Existing Transit Service, explaining transit planning is required under GMA. Although transit service is not under the City's control, there are things the City can do to make transit accessible such as sidewalks and other crossing treatments. The map illustrates areas within t/4 mile of bus stops and shows fairly high accessibility although grades and discontinuous streets may affect access. He identified an area where bus service was removed by Community Transit 2-3 years ago during budget problems. Mr. Samdahl displayed and reviewed a Future Transit Map that was developed by working with Community Transit. The map shows the same bus routes as the Existing Transit Service map and identifies Priority Transit Corridors, areas where the City would work with Community Transit to provide special amenities for bus service and to advocate for bus service in areas where it currently does not exist. The map also identified New Transit Service Options. The map illustrates the proposed Link Light Rail to Lynnwood; it is likely Community Transit will restructure bus service in the future to feed the light rail stations which may provide opportunity for better local service. The plan will include a recommendation to work closely with Community Transit on that. Mr. Samdahl relayed next steps: May 19 — Public hearing on draft Transportation Plan May 26 — Council discussion on Draft Transportation Plan Edmonds City Council Approved Minutes April 21, 2015 Page 8 Councilmember Mesaros referred to the Recommended Capital Road Improvements, and asked about coordination with Snohomish County on road improvements on 84th which primarily runs through Esperance. Mr. Hauss advised that project was identified in the previous plan; the cost in the previous plan was approximately $20 million which would be split between the City and Snohomish County. Mr. Samdahl will be updating the cost estimates. When the City discussed the project with Snohomish County six years ago, it was also in their plan. Councilmember Petso observed the existing Transportation Plan includes a table with LOS criteria measured in seconds of delay per intersection. She asked whether any changes would be made to that table or were the measurements in the presentation consistent with that table. Mr. Samdahl advised LOS is measured in seconds of average delay at an intersection; those values have not changed and the same table will be included in the plan. With regard to state routes that are designated regional, Councilmember Petso asked why they are designated LOS E instead of D. Mr. Samdahl answered although the City has some responsibility for those intersections, they are still subject to the state defining the acceptable standard. In the case of regional facilities such as the north portion of Highway 99, it is designated LOS E. The City could propose a better LOS but that is the minimum. Councilmember Petso expressed interest in designating the minimum as LOS D. Councilmember Petso recalled the City is not required to designate LOS on routes of statewide significance. She asked whether the City could choose to designate those intersections LOS D. Mr. Samdahl responded the City is not required to do any analysis for concurrency requirements for the State on highways of statewide significance; the City and State would have to agree to it. Councilmember Petso said the reason she asked was when an intersection approaches LOS D, people end up cutting through neighborhoods rather than waiting at the intersection, thus there may be some benefit to the City designating its preferred LOS to be consistent with the policy of having traffic on arterials instead of in neighborhoods. Councilmember Petso referred to walkways projects L 10 and L 19 that did not appear to go the entire length of the road. Mr. Hauss recalled there is existing sidewalk to the east. Councilmember Petso said she was familiar with 232°d (L 10) and it appeared a sidewalk as being proposed only for the west end. Mr. Hauss said the intent was to complete missing links to connect to other sidewalks. He will research those two. Councilmember Petso recalled discussion regarding the Westgate plan that the 2012 study shows if 9th/100th is reduced from the current 5 lanes to 3 lanes to make room for bike lanes, the LOS will drop at that intersection. She asked whether consideration was still being given to reducing that to three lanes or was consideration being given to adding width for five lanes at the intersection and bike lanes. Mr. Hauss recalled the LOS with bike lanes was D. Mr. Samdahl said that is still being reviewed and will be presented to the SR 104 Committee next week. There will be some degradation of delay; consideration is being given to a northbound right turn lane which would provide a better LOS than was indicated in the study. Councilmember Petso recalled Mr. Williams provided in last week's packet for a Consent Agenda item a table of traffic volumes that might allow reduction to three lanes; the measure was not ADT but something else such as peak vehicles per direction. The current traffic at that intersection according to that measure did not fall within the parameters of a successful road diet. Public Works Director Phil Williams agreed, recalling the recommended per direction trips during afternoon peak hour was 750; the number he provided was 790 which he noted was not a huge difference. That is only one of the metrics used in analyzing whether a road diet was likely to be successful and accepted; there are a number of others. That is still being analyzed and further information will be provided. Edmonds City Council Approved Minutes April 21, 2015 Page 9 Councilmember Petso observed the bicycle group had been consulted regarding routes but the public at large or people living on those streets had not been consulted about their reaction to losing travel lanes or parking. She asked whether the intent was to include the bike facilities in the plan and then take public comment from those who are affected. Mr. Williams referred to the public hearing May 19 and further Council discussion on May 26 where the public could provide comment. The intent is to entertain the concept of a road diet with bike lanes as long as it does not have a significant negative impact on congestion. The City Council will ultimately determine what a significant negative impact on congestion is. The benefits of bike lanes for bicyclists, improved safety for pedestrians due to the buffer bike lanes provide, as well as enhanced vehicle safety with three lanes versus four lanes, may come at a small penalty on congestion. That can be discussed further in May. Councilmember Petso requested staff notify people who rely on the parking outside their house of the May 19 public hearing. Mr. Williams said the public hearing will be advertised but special mailings to inform property owners that parking may be removed was not part of plan. Parking utilization at different times of the day is being analyzed and will be considered. If parking is not well used, it may be appropriate to sacrifice it for the benefits provided for non -motorized, pedestrian and vehicular safety. Councilmember Mesaros inquired about citizen input received to date. Mr. Hauss said the ten Transportation/Walkway Committee members who have various degrees of knowledge and interest in the modes of transportation have been meeting monthly for the past six months. Staff has met with 8-9 members of the Edmonds Bike Group 2-3 times. Mr. Hauss added there was also an open house that was advertised on the City's website, the newspaper and other places. Although she was not certain how it could be accomplished, Council President Fraley-Monillas supported Councilmember Petso's suggestion to notify the affected neighborhoods. She was recently contacted by a resident near 100th complaining about neighbors parking on the parking strip instead of in their driveways. Mr. Hauss advised there will be open houses regarding many of the projects such as the restriping on 76th from 220th to Olympic View Drive. With regard to 100th, this is the first stage; there will still be a lot of public involvement. Councilmember Bloom appreciated the ranking done by the Transportation Committee with regard to the walkways. She asked whether the entire list of walkway projects was from the existing Transportation Plan. Mr. Hauss said the existing plan included approximately the same number of walkway projects; a couple completed projects were removed and a couple were added. Mr. Samdahl advised 2-3 projects were added by public as part of the open house and subsequently rated. Councilmember Bloom asked staff to highlight those as well as the ones that have been completed and whether they were short or long walkways. Mr. Hauss offered to send Council that information tomorrow. Councilmember Johnson asked when the updated cost estimates and a financing plan would be available. Mr. Samdahl said the cost estimates will be provided prior to the May 19 public hearing. Mr. Williams referred to Councilmember Johnson's reference to a financing plan, explaining the May 19 public hearing will include a list of potential revenue sources to fund the projects. Councilmember Johnson said she thought GMA required a financing plan. Mr. Williams advised a variety of potential funding sources will be identified; how to proceed is a Council policy decision. Councilmember Bloom asked how crosswalks fit into the Transportation Comprehensive Plan. Mr. Hauss advised the Walkway Map includes proposals for: Mid -block crossing at SR 104 and 232nd where there is currently an emergency traffic signal. Consideration is being given to adding pedestrian activation with beacons Mid -block crossings on 100th north and south of Westgate Edmonds City Council Approved Minutes April 21, 2015 Page 10 Mid -block crossing to Community Transit bus stop near the intersection southbound on 5th before the bridge over SR 104 Mr. Hauss explained staff receives requests for crosswalks on a regular basis but their installation depends on the amount of pedestrian activity at the location. Councilmember Bloom inquired about the process to get crosswalk on the list. Mr. Hauss said residents can call the Engineering Department who then does a 2-hour pedestrian study to determine if it meets the threshold to warrant a crosswalk. Councilmember Bloom asked if that same process was used for determining the walkways that were added to the list. Mr. Hauss explained the list of walkway project was developed by the Walkway Committee and in response to public comment. An in-depth pedestrian study is conducted to determine the level of pedestrian activity before a walkway project is added to the list. He explained research done at the national level found installing a crosswalk where there is limited pedestrian activity can make it less safe because drivers do not expect pedestrians versus installing a crosswalk where there is a lot of pedestrian activity. Councilmember Bloom asked that the crosswalks that were added to the plan be included with the information provided to Council regarding walkways. Council President Fraley-Monillas referred to a blinking light on 76th Avenue SW at about 236th to cross to a transit and school bus stop. When 76th was paved, the crosswalk was removed but the blinking light remained. She suggested adding a crosswalk in that location. Mr. Hauss said a crosswalk was not removed as part of the interurban trail; he asked if it was removed ten year ago. Council President Fraley- Monillas said yes and suggested either installing a crosswalk or removing the blinking light. Guest from Gambia Emily Hill welcomed Babucarr Jallow, Executive Director of the Seattle Gambia Association. Councilmember Peterson introduce here to Mr. Jallow when the community participated in the Edmonds Embraces Diversity March at the waterfront; Mr. Jallow is a friend of Edmonds resident Dembo Sanneh. Mr. Jallow introduced several delegates in the audience. He provided a history of Gambia, a small county on the west coast of Africa, 420 kilometers long and 110 kilometers wide. Gambia was a British colony for 400 years. Gambians are very peace loving people and have been called the smiling coast of West Africa and nicknamed, Gambia no problem. Dembo Sanneh, the person affected at the Edmonds waterfront, did not react which illustrates how peace loving Gambians are. A lot people come from Gambia to the United States due to political tension. Gambians are flocking to the northwest and Seattle area primarily because it is considered very quiet, peace loving and welcoming. A lot of Gambians live in the Snohomish County area. He expressed appreciation for everything the Council and Edmonds and Snohomish County communities are doing. They only ask for more open and welcoming doors because they are part of the community. 9. EDMONDS MUNICIPAL COURT 2014 REPORT Municipal Court Judge Linda Coburn thanked Court Administrator Joan Ferebee for developing the numbers for the report and the PowerPoint, Probation Officer Rick Bomar who provided numbers regarding jail alternatives and Assistant Police Chief Jim Lawless and Executive Assistant Caroline Thompson for providing information regarding police staffing issues. Judge Coburn reviewed a comparison of filings 2009-2014, explaining the purpose of court is not to generate revenue but to provide a well needed governmental service to the community. The court is reactive to legislation by Washington government as well as the Council and is impacted by Police levels of service. Filings in 2014 of 5800 were below the normal range of 7700-7900. In 2012 the Court also experienced below normal filings. One explanation was adjustments in police staffing. ACOP Lawless explained in 2014 dedicated patrol was below the level of service for much of the year due to 3 vacant positions, 3 new officers at the academy, and 2-3 sick or injured officers which greatly impacted the Edmonds City Council Approved Minutes April 21, 2015 Page 11 number of filings. In May 2014 the highest producing traffic officer resigned. His position has been replaced but due to staffing to fill vacancies, that person has not yet transitioned to the traffic unit. As happened in 2013, filings increased when staffing issues normalized; she expected that to occur in 2015. She reviewed a comparison of types of case filings 2009-2014 (traffic infractions, non -traffic infractions (dogs or nuisance) parking infractions, DWI, criminal traffic and criminal non -traffic). She reviewed a comparison of revenues 2009-2014, explaining if filings are down, revenues are also down. She displayed a Revenue Status Report for 2014, noting when revenues are down, net revenues are also down. A large portion of the revenue collected by the Court is remitted to the State. Judge Coburn reviewed an Expenditure Status Report, relaying expenses were under budget. The previous Judge anticipated starting a paperless court project. That has not happen yet but is the goal and funds have been set aside from Court Improvement Funds for that. She reviewed Passport Revenue 2002 to 2014, explaining passports are not typically the responsibility of the court in other cities. The number of passports processed has been increasing. Staff plans to collect better data regarding the amount of time passport processing takes to better assess the best way to provide this service to the public. She explained although jail costs are not specifically related to the Court's budget, the Court's efforts reduce jail costs. Jail alternatives include electronic home monitoring (EHM), out -of -custody work crew, and community service. In 2014 the cost of a jail day at Snohomish County Jail was $66.63/day and increased in 2015 to $85/day plus a booking fee. Alternatives to jail translate to savings to the City. In 2014 defendants spent 94 days on EHM and 120 days on a SCRAM (alcohol sensor -monitoring) bracelet, 30 days on out -of -custody work crews and 2,528 hours of community service for a total savings of over $94,000 in jail costs. The Court will continue looking at alternatives to jail and imposing them when appropriate. The City receives money from the State by having the judicial position an elected position, designated for court improvement costs. Since 2006 the City has received $101,986. As of December 31, 2014, $39,090 has been expended from this account on various court improvements, leaving a balance of approximately $63,000. She expressed willingness to dedicate part of the funds for improvements to the Council Chambers/Courtroom. Recent enhancements include the addition of a phone tree and she anticipated online payments will be possible in the near future. Councilmember Johnson inquired about future court improvements. Judge Coburn said one of them is an improved audio system due to problems with the existing FTR system. Marysville also has a combined City Council and Court facility; the City's IT Department has agreed to talk with them about the program/application they use. Currently equipment for the video in -custody hearings must be hooked up by staff when it is needed; if video equipment were mounted, it could be used by both the Council and the Court. Councilmember Johnson observed the Council has experienced some technical difficulties as well. Councilmember Nelson asked when the daily jail cost will increase from $66 to $85. Judge Coburn said it did in 2015. She said that is the baseline cost; the daily cost increases for inmates with medical or mental health issues. Councilmember Nelson asked if there was a cap on the amount. Judge Coburn said it is in the contract. Council President Fraley-Monillas commented inmates on Medicare do not qualify to have their medications paid for while they are incarcerated. She asked whether defendants are still being sent to the jail in Yakima. Judge Coburn answered yes for long term incarceration (over 14 days) because the daily jail cost is less than the Snohomish County Jail. Edmonds City Council Approved Minutes April 21, 2015 Page 12 Procedure Discussion regarding Item 12 Mayor Earling advised 20 minutes has been allocated for both proponents and opponents of the project. Anticipating that many of the audience members were in opposition, he suggested they get together and determine who would be best to address Council within the 20 minutes at 3 minutes each. Mayor Earling declared a brief recess, requesting audience members not engage Councilmembers during the break as this is a closed record review. Mayor Earling relayed his understanding many people in the audience would like an opportunity to speak. There are 24 people signed in to speak which represents approximately 1'/2 hours of testimony and equal time is provided to both parties. After Item 10, the meeting will likely last another 2-3 hours. He said it was up to Council how to proceed. Councilmember Petso observed the people in the audience have already been here for over 2 hours and she preferred to allow them an opportunity to speak. Councilmember Bloom agreed with Councilmember Petso, and inquired about the guidelines. Mayor Earling explained each speaker will have three minutes and in theory limited to the two issues that are before the Council. Council President Fraley-Monillas clarified no new information can be presented. Mayor Earling explained a closed record review is on the same information that was provided previously to the Hearing Examiner; no new information is to be presented. Council President Fraley-Monillas asked whether the Council was provided those comments. Mayor Earling advised the Council was not and asked City Attorney Jeff Taraday to explain. Mr. Taraday said because this must be on the record and because there is the possibility of litigation following this hearing, he preferred not to have some of the discussion before the budget amendment and some after. He suggested the Council either not discuss the budget amendment tonight or continue this discussion after that agenda item to prevent a bifurcated discussion. Mayor Earling asked Finance Director Scott James if the budget amendment could be delayed until next week. Mr. James agreed it could. 10. DISCUSSION AND POTENTIAL ACTION TIl1N ON AN ORDINANCE AMENDING THE 2015 BUDGET This item was delayed until next week's Council meeting. 12. CLOSED -RECORD REVIEW OF THE HEARING EXAMINER'S RECOMMENDATION ON PROPOSED FIELD IMPROVEMENTS AT THE FORMER WOODWAY HIGH SCHOOL City Attorney Jeff Taraday explained the packet includes a recommendation from the Hearing Examiner and the Council is being asked to approve or reject that recommendation. Unfortunately it was discovered today that the summary of testimony that the Hearing Examiner was supposed to attach to his recommendation was not actually attached. For that reason, the Council does not have the entire record; the summary of testimony is an important part of the record. Without a transcript or audio recording, the summary of testimony is supposed be the Council's opportunity to review the testimony as well as allow the parties to ensure that neither side is inserting new information into the record. That information was provided to the Council late this afternoon and he assumed most had not had an opportunity to review it. For that reason, Mr. Taraday recommend even if the Council gets most of the way through the hearing tonight that the record be left open for the Council to come back next week or as soon as practicable to ask questions based on the summary of testimony as well as to allow clarifications or possible rebuttal Edmonds City Council Approved Minutes April 21, 2015 Page 13 from the parties based on the questions. He anticipated that part of the hearing would significantly shorter as there may not be any questions. Councilmember Johnson asked how to ensure no new information is provided. Mr. Taraday answered even if the summary of testimony was available and even if the Council had studied it, it was difficult to know. For that reason, it is up to the parties to object when one of them is under the impression that new information is being presented. Mr. Clugston and he will do their best to interrupt a speaker who is providing new information. He clarified this is not testimony. At the end of all the oral argument, the parties will be provided an opportunity at the next meeting to object to the introduction of new evidence if they heard something improper and can seek to have it stricken from record. Councilmember Johnson observed the closed record review is based on the Hearing Examiner's report and all the information presented. In his summary he stated certain items were outside the purview of his consideration, specifically two issues, the type of turf and lighting because the School District withdrew that request. She asked if that was the framework for testimony. Mr. Taraday suggested he answer that question and any other substantive questions after the Appearance of Fairness Doctrine disclosures. Mayor Earling explained the purpose of this closed record review is for the City Council to consider the recommendation of the Hearing Examiner with regard to the following applications submitted by the Edmonds School District: PLN20140065 (design review) PLN20140066 (height variance for ball control fencing in the RS-8 zone) The portion of PLN20140067 relating to a Conditional Use Permit for bleachers and ball control fencing height in the OS zone. Tonight's hearing follows a Type III-B process where the Hearing Examiner forwards a recommendation to the City Council for a final decision. Unlike hearings before the Hearing Examiner, participation in tonight's hearing is limited to parties of record. The parties of record include the applicant, any person who testified at the open record public hearing on the applications and any person who individually submitted written comments concerning the applications at the open record public hearing. Mayor Earling explained the Appearance of Fairness Doctrine requires the hearing be fair in form, substance and appearance. The hearing must not only be fair, it must also appear to be fair. He asked whether any member of the decision -making body has engaged in any oral or written communication with opponents or proponents of the project outside the presence of the other party. Councilmember Johnson said she has not had any discussion with any members. She read a couple of emails related to turf until she was informed by Mr. Taraday that Councilmembers should delete those. Councilmember Bloom said she not had any discussions. She opened one email from Nick Brossoit because she did not realize it was about the Woodway Fields. As soon as she realized it was, she stopped reading. Councilmember Petso said she had a number of contacts prior to learning this was a closed record review and she has provided those to Mr. Taraday. She received subsequent emails from Hilser, Wills, Bill, Nusava, Zackey, Lindsey, Plumis, Bauer, McGuire, Pinson, Brossoit, Bloom, Wall, Brossoit and Davis. Because of the instruction not to engage in outside contact, she filed these away and did not particularly read them other than to ascertain that they were on this topic. To the best of her knowledge she has not gained any information that is not already in tonight's packet. Councilmember Mesaros said he did not have any discussions with any individuals regarding this topic. He did received emails but when he saw the subject, he deleted them. Edmonds City Council Approved Minutes April 21, 2015 Page 14 Councilmember Nelson said he has not had any discussions. Similar to Councilmember Johnson, he received a couple emails regarding the turf but did not read them after hearing from Mr. Taraday. Council President Fraley-Monillas said she has not talked to any of the parties regarding the playfield but has opened couple of emails which she immediately forwarded to Mr. Taraday or trashed upon learning they were regarding the ballfields. Any emails she has received since Mr. Taraday instructed the Council not to open she has put in the recycle bin. Mayor Earling said he not had any conversations regarding this issue. He received some of same emails and followed the same process that Councilmembers spoken of. For Councilmembers who actually read the substance of an email regarding this topic either before or after he advised them not to, Mr. Taraday requested they forward the emails to him. He will compile them in a packet for the next meeting to provide an advance opportunity for those statements to be rebutted. The purpose of this exercise is to ensure if one party is contacting Councilmembers outside the official process, the other party has an opportunity to rebut. Councilmember Petso said she previously sent the list to Mr. Taraday and she preferred the City Clerk provide copies of the emails to avoid her seeing them again. Mr. Taraday agreed that was appropriate. Mayor Earling asked whether any member of Council had a conflict of interest and believed he/she could not hear and consider this application in a fair and objective manner. Council President Fraley-Monillas and Councilmembers Nelson, Mesaros, Petso, Bloom, and Johnson and Mayor Earling said they had no conflicts and could hear the matter in a fair and impartial manner. Mayor Earling asked if any audience member objected to his or any other Councilmember's participation as a decision -maker in the hearing. No objections were voiced. Mayor Earling asked the Council whether they agreed to the following procedure for the presentation of oral argument: 5 minutes for staff, an as yet to be determined length of comment, both parties will have equal time if they choose to use it, the applicant can reserve time for rebuttal, and Council can ask questions of staff after arguments have been made. At that point Council may decide they want to have additional oral argument on one or more issues. Before beginning the presentations, Mr. Taraday recommended establishing a total amount of time for the applicant and opposing parties. Because the applicant goes first, the applicant needs to know the total amount of time in order to reserve time for rebuttal. Mayor Earling observed there are 24 people signed up which equates to 72 minutes. Mr. Taraday explained there is no legal requirement that each speaker be provided three minutes to speak. He suggested asking how many in the audience wished to speak; 17 audience members indicated their intent to speak. Mayor Earling observed at 3 minutes each, that equates to 51 minutes; both sides will be allocated that amount of time. Mr. Taraday reiterated the Council is not legally required to provide speakers 3 minutes to speak. In order to speak tonight, the speakers have already spoken to the Hearing Examiner and a summary of that testimony has been provided to the Council. Mayor Earling advised each person would be provided three minutes; they could shorten the length of their comment if they wished. Staff Presentation Planner Mike Clugston displayed an aerial photo explaining the project is design review and Conditional Use Permit (CUP) for ball control fencing and bleachers in the OS zone portion of the site and a variance for ball control fencing in the RS-8 portion of the site. The lighting element was removed by the School District. Edmonds City Council Approved Minutes April 21, 2015 Page 15 He displayed an excerpt from the PROS Plan, "Implement previous community process to work with the Edmonds School District to redevelop the former Woodway High School site into a regional sports and recreation asset with adult soccer/multi-sports turf fields, providing for year-round recreation options and serving a growing community. Involve the community in design development." He displayed a drawing of the site, explaining the intent to replace two existing fields on the site with two new fields, soccer fields at the southwest corner of the site and softball elements and ball control fencing around the perimeter of the site and bleachers for patron seating, walkways and associated other activity features around the site. The Architectural Design Board looked at the project in its entirety including the lighting and unanimously recommended approval with conditions on March 4, 2015. The Hearing Examiner recommended approval in his decision dated March 26, 2015. On April 15, 2015 the School District submitted a letter removing the playfield lighting element from the project. He explained the record provided for Council review, in addition to the summary of testimony received from the Hearing Examiner today, includes: Exhibit 1: Staff Report Exhibit 2: PowerPoint at Hearing Examiner Exhibit 3: Poster from Davis/Markiel Exhibit 4: Photo from Cain -Lewis Exhibit 5: Materials from Wall Exhibit 6: Public hearing sign -in sheet Exhibit 7: Hearing Examiner's recommendation Councilmember Mesaros requested Mr. Taraday answer Councilmember Johnson's earlier question. Mr. Taraday recognized the City has received many comments expressing concern about the possible negative health effects associated with crumb rubber turf. That issue was not before the Hearing Examiner for consideration and it is not before the Council for consideration. There was no recorded developed at the Hearing Examiner for the Council to review. Crumb rubber is something the City does not regulate; it is a matter for the School District to decide whether they want to use grass, crumb rubber or some other substance. The issue of lighting was before the Hearing Examiner and he recommended denial. The School District subsequently withdrew their application for lighting. By virtue of that withdrawal there is no basis for the Council to consider lighting related issues. Councilmember Mesaros relayed his understanding tonight the Council was being asked to decide about fencing and bleachers. Mr. Taraday clarified the Council will not be deciding anything tonight; the Council hear oral argument on the bleachers and fencing, a decision will be made at the Council's next meeting. Councilmember Petso asked how much fencing this project will include and whether it was fencing at 30 feet high all the way around or a 30-foot back stop and lesser fencing elsewhere. Mr. Clugston referred to Exhibit 1, Attachment 3, sheets F2.5 and F2.6 (construction drawings) that show the proposed fencing. The backstops will be the higher elements behind the softball field home plate area. The ball control fencing of a lower height extends from the backstop along first and third baselines for safety reasons. Councilmember Petso asked the approximate height of the "lower height" fencing. Mr. Clugston answered 30-foot backstop, 20-foot netting over chain link adjacent to the backstop, 15-foot over 8-foot chain link adjacent to that, 8-foot chain link and 10-foot chain link adjacent to those. He summarized it varied from 8 feet to a maximum of 30 feet in the backstop area. Councilmember Petso asked about the seating capacity in the bleachers. Mr. Clugston deferred to the School District. The plans indicate there would be two small bleachers in the area around home plate and Edmonds City Council Approved Minutes April 21, 2015 Page 16 one more. This is only the design but the School District indicated the bleachers were used in the parking calculation. He did not recall the number of seats. Councilmember Bloom referred to an issue raised in the letters in the packet regarding field orientation and asked whether that could be addressed. Mr. Clugston deferred to the School District on their choice of field orientation. Councilmember Bloom asked whether that was an issue before the Council. Mr. Clugston said the only issues being considered tonight are the ball control fencing and the bleachers. Applicant Presentation Edward Peters, Capital Projects Director, Edmonds School District, introduced legal counsel Kristine Wilson, Perkins Coie; and Bob Harding, Project Designer, DA Hogan. Mr. Peters said he would summarize what was presented to the Hearing Examiner Closed record hearing and asked to reserve time for rebuttal. Before the Council tonight are the District's permit applications for design review, a height variance for ball control fencing in the RS-8 zone and a CUP for bleachers and fencing in the OS zone for two fields in the southwest corner of the property. The District withdrew its application for lighting; therefore issues related to lighting and the impacts associated with lighting are not part of this decision. City staff and the Hearing Examiner both recommend approval of the fencing and bleacher permits for the two fields and the School District respectfully requests Council approval to allow the project to proceed. This project arose from grassroots' requests and was developed as a collaborative effort between the City and School District and has undergone extensive planning and review. He has been working on it for about ten years. In 2008 the voters of the District approved a capital levy that explicitly and specifically provided initial funding for this project. It is supported by the City's Comprehensive Plan. The District underwent design review with the City as well as Hearing Examiner review. For the ball control fence, the City's code imposes a maximum height of 15 feet for accessory structures in the RS-8 zone; the District is requesting a 30-foot fence to enhance safety which requires a variance. The bleachers require a CUP under the City's code. There are 5 sets of bleachers in the design which provide seating for about 60 people each for a total of about 300 people. Parents have said they like to sit while watching their kids play soccer. Mr. Peters summarized the issues before the Council are fairly simple and straight forward. The staff and Hearing Examiner have recommended approval and the District respectfully requests the Council approve the permits to allow this project to proceed. Kristine Wilson, Perkins Coie, said she did not appear before Hearing Examiner but will limit her comments to legal argument about the process. She expected the Council may hear comments in opposition that raise issues outside the scope of the record and permit applications. The District withdrew its application for lighting so issues related to lighting and any impacts associated with lighting are not before the Council. The issue of whether or not the District installs crumb rubber fields or some other turf material is also not before the Council, does not requires a City permit and is an issue for the School District to decide at a future Board meeting. Permitting for future phases of the project, Phases 2 and 3, which are dependent on future District and public funding are also not before the Council. Ms. Wilson explained the School District is the lead agency for SEPA review and in accordance with SEPA rules and the District's SEPA policies and procedures the District issued a Determination of Non - Significance (DNS) for Phase 1. The District will conduct further SEPA review at such time as it is ready to proceed with future phases such as lighting if and when that occurs. The issues before the Council are limited; the permits are limited to design review, bleachers and the 5-foot height variance of the ball control fencing. Staff and the Hearing Examiner both recommend approval and the District respectfully Edmonds City Council Approved Minutes April 21, 2015 Page 17 requests the permits be approved. She relayed the District's request to reserve the balance of its time for rebuttal. Parties of Record (POR) Mark Wall, Edmonds, displayed a map from the record. He commented this property is the last open space in Edmonds that is not tidelands or marsh. Community meetings started with the introduction that recreational sports teams generate over $100 million in revenue in the State which indicated this was about money. Everything about this project has been a rush, ask questions later. He referred to the nearby intersection that is already impacted by ferry traffic in the summer, noting the District has said this project will have no effect. He commented on parking for the Klahaya Swim and Tennis Club in their neighborhood and in the District's lot. The District stated in the SEPA checklist they will obey all noise ordinances but later say they are exempt from all noise ordinances. Mr. Harding was notified on December 15 that it is a fish and wildlife habitat conservation area, an area with endangered, threatened and sensitive species. The site is a known migration route, there are Bald Eagles, owls, hawks, yet the SEPA checklist states no wildlife seen in the area. Their response to noise when expanding from two fields to four is noise will be about the same, in fact will be quieter because there will not be a lawn mower. He found the responses in the SEPA checklist disingenuous. Mr. Wall said he hired his own traffic engineer who stated for projects less than this he is forced do a traffic study and pay all the fees; he questioned how the District could get around that especially in one of the busiest intersections. He testified to the Hearing Examiner that the SEPA statement was fraudulent and the Hearing Examiner found that was outside the City's jurisdiction because the City is not the lead agency. However WAC 197-11-340 requires the School District withdraw the DNS if there is new information indicating a probable significant adverse environmental impact or it was procured through misrepresentation or lack of material disclosure. He recalled the Hearing Examiner stating in thousands of cases he has done, he has never seen a permit chopped up like this to avoid the cumulative impact of a project; all he was ruling on was fence, bench and lights. He encouraged the Council to read the information in the record. When this was over, whatever the decision, he urged Councilmembers to contact him so that he could provide the information he has compiled. Christi Davis, Brier, agreed the SEPA statement was fraudulent. The District has refused her request to pull it. She asked the City not to go into this with unclean hands; to hold themselves above it and conduct themselves as they should. In the SEPA statement, the City acknowledges the fields are pollution generating surfaces and that the stormwater will empty into Deer Creek from which Olympic View Water gets its drinking water supply. The City's stormwater engineer decided not to require the District comply with 2005 Western Washington Stormwater and Sewer Standards because he thought it would excessively burden the project with capital and maintenance costs. Therefore stormwater entering Deer Creek will not be properly filtered; the filter media that has been selected is not designed to properly filter the water which will be toxic to aquatic wildlife. She asked the Council to protect the environment, honor the wishes of Edmonds' wishes who have said open space and parks are a priority. These fields are only a priority for the sports leagues who think children cannot play on grass. Ms. Wilson asked for clarification when objections can be made regarding information that is outside the record. Mr. Taraday suggested the School District representatives and opponents sit the tables in the front of the room. He said objections could be made as comments are made or they could be made next week. He recognized the bell cannot be un-rung. Sierra Johnson, Edmonds, a freshman at Edmonds Heights, said the field is used as it is by numerous classes, students and members of the public. People sit on the fields during lunch or to read and classes including science, PE, and photography often use the field during school hours. Science uses it to explore the outdoors, students run and play games in the grass during PE and it is a gorgeous area to take pictures during photography class. Installing turf will take away the greatest form of education this field provides Edmonds City Council Approved Minutes April 21, 2015 Page 18 the school. She questioned how turf will fulfill the requirement for the field and the area around the school to be used for educational purposes. The only way to fulfill that would be to bus in students from other schools that already have own turf fields. Although sports are wonderful, the field can be used for much more wonderful things. This area is loved by students and teachers and is used all the time. Her science teacher has come within 25 feet of a Bald Eagle on the field and Bald Eagles, owls, woodpeckers and many birds and wildlife can be seen feeding on the field and in their natural habitat in the forested area. She referred to the award -winning high school theater program with over 50 shows a year that completely fill the parking lot. This campus is a place her siblings and hundreds of students will grow up learning on; she and many parents want them to grow up in a safe, clean and natural environment. Kate Smith, Edmonds, a resident east of the old Woodway High School on 234th Place SW, whose children attend Edmonds Heights K-12. Ms. Wilson asked if she was a POR. Ms. Smith said she submitted written comment to the Hearing Examiner. Ms. Smith referred to the District's indication that the bleachers will provide seating for 300 observers; the information states there are 239 parking spaces. The theater program at the school uses a lot of parking spaces on many nights. She summarized parking will be a big issue for neighbors. She referred to the presentation of plants to the Council earlier in the meeting, noting everyone enjoyed that and it brought them together as a community. Her family attends school at Edmonds Heights but they and others also uses the fields in the afternoons, summer evenings, and on weekends as open space and it is extremely important not to remove the last green open space. In the San Jose area, there are thousands of acres of open space within five minutes of nearly anywhere in the Bay area and the passage of Measure Q in November 2014 allocated 15,000 more acres. King County's goal is 500,000 acres of open space; they have current protected 142,000 acres. Vienna has the most open space of any open space in the world with 5 1 % of their city land allocated as open space; each person has 120 square meters of open space. Open space is very important for a livable and wonderful city. She urged the Council to consider the other places for turf that would not remove this valuable resource. Susie Schaefer, Pilchuck Audubon Society, said Pilchuck Audubon Society's concerns are with the SEPA review that did not acknowledge migratory birds or wildlife in the area. They have documented neotropical migrants in the area. The Society is also concerned there should have been an EIS instead of a simple SEPA checklist that allows no research or review. She referred to the plan for construction, explaining birds were singing in that area yesterday which signifies they are getting ready to nest. There are a lot of nesting birds in the immediate area where the fencing and bleachers will be installed particularly at the south end. She provided a picture of a Pileated Woodpecker, a Fish and Wildlife priority species that has been documented in the area. If the field project proceeds, she was interested in mitigation to modify and improve the impact on fish and wildlife. She suggested many cities are outlawing crumb rubber. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO EXTEND THE MEETING FOR 45 MINUTES. MOTION CARRIED UNANIMOUSLY. Emma Johnson, Edmonds, a sixth grader at Edmonds Heights K-12, explained math, science and engineering classes use the field a lot. If turf fields are installed, these classes will not be able to explore for nature. Students see birds of all kinds; she loves birds. She referred to an Audubon Society article that documented Pileated Woodpeckers which is listed by the Department of Fish and Wildlife as an important bird because of its impact on the ecosystem, as well as neotropical species of swallow, yellow rumped warbler and green violet swallow in the trees surrounding the fields, birds that are protected under the Migratory Bird Treaty Act. She questioned why the Audubon Society and she can see these birds in the area, yet when the School District filled out the SEPA checklist they stated there were no known migrating birds or important species of birds. This property is meant to be used for school education and she felt the fields were being built for private sports teams and not school education; Edmonds Heights Edmonds City Council Approved Minutes April 21, 2015 Page 19 does not have a school sport team that practices on the fields. She suggested spending some of the money for this project on better grass fields that students can use too. Greg Cain, Edmonds, resident west of the property next to the green belt, congratulated the School District for allowing comments that seem to be outside the narrow purpose of this review. By voting yes/no on the narrow purpose, the City Council can speak to larger matters that are important to the community and have not been fully heard during the process so far. He believed when a jurisdiction develops a project for the public good it is inherent on that jurisdiction and fair policy to mitigate the impact of the development on those who are adversely affected. According to the Edmonds Community Development Code (ECDC) for areas zoned as open space, the predominant zone to be developed by this project, section 16.65.01 permits the use of playgrounds or playfields providing that they are developed on previously cleared land. Chapter 16.80 of the ECDC, the public use ordinance, the primary description of purpose, item a, states, provide for siting and development of regional public facilities to be located in and near residential areas and to establish standards which minimize the impact of these facilities on nearby properties. There is no plan to minimize or mitigate noise; the plan relies on a City ordinance that exempts any playfield noise from restriction with no accounting for noise level, frequency or duration. The notion that somehow the greenbelt with reduce sound levels is not accurate; the District's own architect admits the greenbelt is virtually transparent. Mr. Cain displayed a photograph of the greenbelt along the west side of the property, which in his experience is acoustically transparent. There is no plan for mitigation of airborne pollutants; if residents can smell the turf, they will be inhaling plasticizers and vulcanizing chemicals that are carcinogenic. There is no acknowledgement or plan to mitigate the impact on surrounding property values; this plan affects the single most forested neighborhood within the city limits. Homeowners choose to live in Sherwood Forest due to the natural forested setting. Placing the project in the middle of this community seriously degrades the desirability of any property within earshot of the playfield. These factors are not compatible with the public use code that asks a project to minimize impacts on the nearby community; in this case there seems to have hardly been any effort at all. Cade Johnson, Edmonds, a 9-year old in third grade at Edmonds Height K-12, said two of his favorite classes are two outdoor science and aeronautics. His outdoor science class uses the fields to explore nature and study the environment. His aeronautics class uses the space to fly rockets they make in class. During recess students use the field to play; they love the grass fields. Sometimes they see an eagle in the trees. He also plays lacrosse and loves to play on grass fields. He described what he does to staff safe when playing on artificial turf fields: he wears long tights and shirts to totally cover his body even in summer, he does not eat or drink while on the field and when he is done he takes off all his equipment and puts it his sports bag and showers when he gets home. In the summer artificial turf smells like burning tires; he has heard stinky tires may cause cancers. If turf fields are installed at his school, they will not be able to use them as an outdoor classroom and students will lose a place to place at recess and during PE because they cannot shower afterwards. He knew the City wanted to put in more playing fields but he did not think the fields should be more important than his school and learning. He definitely did not think kids should have to worry about getting cancer from playing sports. There should be grass fields or a safe type of artificial field. He urged the Council to do what's right for his school and health. Mike Meints, Seattle, expressed concern that the noise ordinance would not apply to these fields. There previously was one football and one baseball field on the site; the proposal is for four fields. He used to live next to Pop Keeney Stadium; after the field was improved, the noise was constant and included amplification. He was uncertain whether amplification was proposed at this field and hoped it was not. The Planning Director decided not to include lights due to traffic; he noted the traffic problem will be the same during the day regardless of whether there are lights. He summarized there are too many fields for this area and the driveway access is not adequate for four fields. Installation of four fields will drastically affect the neighborhood and change the current conditions. He and his son walk the field often and see Edmonds City Council Approved Minutes April 21, 2015 Page 20 many others using the field. The way this project is packaged piece by piece is not right; a person building a house is required to have the entire project approved. Not having any environmental protection for what can happen and not allowing residents to discuss the fields that will be installed is not right. He suggested he could stack tires on his property because it did not matter what washed off them. He is totally against this project as it totally changes the existing field. Kristine Wear, Edmonds, speaking for people who do not have a voice, people with disabilities such as herself with Multiple Sclerosis and the elderly, explained are several people on her street who are disabled; half are in their late 60 and 70s, and their houses are within 300 feet of the project on the south end. Due to physical and financial limitations they do not have the luxury of getting away during the day and on weekends; they depend on environments within their neighborhood for exercise. A huge part of their enjoyment is the wildlife habitat conservation area of the Woodway fields. On her good days she and her dog walk to the fields, listen to the birds and watch forest animals play in the grass; it is a great place to meet neighbors and enjoy wildlife. Walking in a peaceful wildlife environment is imperative to her and her neighbors' ability to maintain their health. The School District and City want the fields for select team from throughout the northwest, healthy, wealthy adults who have many choices of where to exercise; the neighbors do not have those choices. She questioned how the City and School District could ignore the disabled and elderly in the community by taking their neighborhood away in favor of dollars. Verdant states on their webpage, "We are working to improve the health and wellbeing of our community." She questioned how Verdant, the City, the School District was improving the health and wellbeing of the disabled and elderly financially challenged people who live 300 feet from the Woodway fields. She moved to Edmonds six years ago because she thought the City was concerned for the environment and had respect for everyone. She and her neighbors already live challenging lives; she questioned how the City and School District could take away the beautiful wildlife the Woodway fields offer them. Laura Johnson, Edmonds, explained she recently began installing a decorative fence in her front yard. Per City code, a fence under 6 feet with a 15-foot setback from the right-of-way does not require a permit. Her fence is 4 feet tall and setback 20 feet from the public right-of-way. A few weeks ago the City informed her that her front yard is considered a critical area buffer because it contains a small creek and as such she must obtain a permit before building a fence. She is constructing the fence to create a visual marker and turn the front 25 feet of her property into a native growth buffer that will protect the creek and the possibility of future salmon. Mr. Clugston informed her she must hire a qualified stream biologist to do an environmental study and submit a report before her permit will be approved. This will be a personal cost of a few thousand dollars to determine if her fence will harm the critical area buffer. She plans to hire a biologist and provide the City with an environmental study to show she will not have a negative impact on the critical area. If the City requires a resident to go to such careful measures to ensure a tiny creek and its buffers are protected, she questioned how it can allow this project to proceed without an environmental study. The proposed fields with their 30-foot fence, bleachers, lights and acres of artificial turf will be installed on land that is surrounded by a wooded area designated as State Fish and Wildlife Conservation Area. The City has accepted the School District's SEPA checklist finding of non -significance and therefore not requiring the District to provide any environmental impact study for this project. In essence the City is requiring her to provide an environmental study to show her small fence will not harm the environment, yet they are allowing the School District to proceed with this massive project. She was concerned with the negative effect this project will have on the environment and health of the residents. She urged the Council to use the same standards for this project that are used for her fence. Jen Carrigan, Edmonds, said her son attends Edmonds Heights based in the former Woodway High School and her family enjoys recreational activities on the field many days of the week. She shared her deep concern with the use of crumb rubber on the fields and the potential risk to the surrounding environment as well as the health hazards for children who play on the field, the neighboring wildlife, water runoff into Puget Sound. Edmonds is a beautiful community that purports to care deeply about the stewardship of the surrounding natural resources and the health and welfare of its children and residents. Edmonds City Council Approved Minutes April 21, 2015 Page 21 Her son's class of 7-9 year olds shared their concerns about the future health impacts on them, their friends, their family, the wildlife, the trees, grass and Puget Sound. With so many questions and concerns about the use of crumb rubber, she urged the decision makers to do the right thing for kids and either use a non -toxic substance or keep the natural grass. She preferred to pay the small cost of either non -toxic substance of natural grass rather that the untold potential toll on the health of children and natural resources. Jean Sayers, Edmonds, requested Mr. Walls speak for her because she has laryngitis. Mr. Walls paraphrased her written statement, stating everything about this project is disingenuous. It was originally described as a regional sports complex; once negative feedback was received, it was referred to as the health and wellness campus, painting a picture that there was a registered dietitian and blood pressure monitoring stations. The solution for this development is don't ask, don't follow rules and regulations, ignore City and State laws and statutes. The way this gets done is private businesses email thousands of parents that these fields are needed and asking that they email the City. Emails have been provided by Pacific Little League, Northwest Nationals. The Director of Coaching for Northwest Nationals lives in West Seattle but comes to Edmonds to tell them what their neighborhood needs. As a coaching director, Mr. Walls said the going rate for coaches in select soccer teams who charge kids $250/month, is over $10,000/year per team and many coach 3 teams. A coaching director makes $60,000/year. This is why the fields are needed; it is a business. An example of how residents are not being treated fairly: both sides sent emails to express their opinions. For those that expressed support to Ms. Hite in the Parks Department invited them to the Hearing Examiner and Council meetings. When residents expressed concern, they were told don't worry about it, it was something the City needed. The Parks Department is lobbying for support; it is not a fair fight. Mr. Taraday said Mr. Clugston was provided 24 photos prior to the meeting, 20 of which were new evidence and they were removed. The pictures provided to the Hearing Examiner are still in the folder. Mr. Wall explained these pictures were provided by the coach of the University of Washington Women's Soccer who was not allowed to present at the Hearing Examiner meeting. Randy Burke, Edmonds, acknowledged there are two issues, the bleachers and the fence. Ms. Johnson made a good point regarding her fence and that the School District is not held to the same standards as a resident. The School District plans to install 5 bleachers with seating for 60 people each, a total of 300 people. He pointed out 2 fields with 2 teams each is another 80 people bringing the total to 380 with parking spaces for 304 cars. Parking for school functions will also compete with the field users. There is one road in and out of the site; he anticipated 300 cars coming and going for games throughout the day could be up to 1200 cars/day. He encouraged Councilmembers to observe the intersection after a school function when a mere 200 cars are leaving the site or after school when school buses are leaving the site. He questioned who would be held liable for accidents at the bottom of the hill. He suggested the lighting was removed in an end run to get the fields in and he anticipate the fields would have lighting sooner or later. He urged the City to make everyone accountable from the beginning and to make their decision after looking at the area. Maggie Pinson, Edmonds, said ideas that began 10 years ago may not be good ideas in 2015. She learned today that the District withdrew their application for lights, perhaps due to the Hearing Examiner's decision that lights would increase field use during evening hours when peak traffic congestion is at its worst. The Hearing Examiner also said bleachers would bring in a lot of people. She pointed out the fields will be most intensively used during the summer when the sun sets late and areas stay well lit into the evening without artificial illumination. Also during the summer, ferry traffic is at its peak in the evening due to commuters and vacationers. Adding artificial sports turf with bleachers will increase traffic congestion at the most congested intersection, 100th & Edmond Way. Organized sports leagues say they want more organized sports fields but not why they need to use the unique, beautiful, natural setting at the campus utilized by Edmonds Height and others. The beauty and natural features are quite stunning; there are better locations for developed sports fields than in the heart of a neighborhood. She wanted the beautiful grass fields to remain natural dirt and grass. Other than the Edmonds Marsh and Edmonds City Council Approved Minutes April 21, 2015 Page 22 the beach along Puget Sound, these grass fields that are designated open space are the only remaining land designated open space in the entire City. When old growth timber was logged, a perimeter of forest was left intact around the grass fields. The forested perimeter is the Fish and Wildlife conservation area that provides nesting, shelter, food and water for local and migratory birds who feed from the grass fields. The fields and surrounding trees serve as one seamless outdoor classroom that provides unlimited opportunity for students who practice science, technology, engineering and math outdoors. She asked whether Edmonds wanted to be a City that ripped up beautiful fields and took away from its gorgeous natural settings in order to lay down a suffocating artificial turf, chop up the environment by extremely high chain link fences and pock mark the area with 90-foot light poles or does Edmonds want to create beautiful, unstructured, natural settings to be enjoyed in many ways. Christine Johnson, Edmonds, said the Council has heard testimony about how the local neighborhood and community uses this space. She used to walk the track when recovering from chronic fatigue syndrome. The impact on the neighborhood has been poorly studied and in some cases ignored by decision makers. As a fulltime professional real estate agent for over 30 years in this area, it was her professional opinion that all the values of properties surrounding the proposed project would be severely impacted. Although she recognized things change, the scope of this project is too much for the area. She requested the Council reconsider and restudy the traffic, light noise and quality of life impacts of the fields. Mayor Earling declared a brief break to confer with the City Attorney. Mr. Taraday recommended the applicant be allowed to make rebuttal based on the various opposing statements that were made tonight. The Council will need to have a short meeting on this subject next week to allow the Council ask questions based on the part of the Hearing Examiner decision that was not in the packet (summary of testimony) and also opportunity for the parties to object to testimony offered this week as new information because they did not have the summary of testimony available and possibly have it stricken from the record as new information. Next week's meeting will be strictly limited to factual questions that arise from the summary of testimony and objections based on new information. He suggested substantive rebuttal be provided tonight because next week's agenda is very full. He suggested determining if the School District and opponents were agreeable to that recommendation. Mayor Earling suggested the Council proceed as Mr. Taraday suggested. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PETSO, TO EXTEND THE MEETING FOR 15 MINUTES. MOTION CARRIED UNANIMOUSLY. Mr. Taraday clarified the School District's rebuttal was not limited to 15 minutes; they have 45 minutes of time left if they wish to use it. Ms. Wilson said the School District has concerns about the ability to identify what was outside the record before the Hearing Examiner. The School District will save the balance of its time to rebut argument that was outside the record at the next meeting. Mr. Taraday suggested that be done in writing and submitted prior to the next meeting. Ms. Wilson agreed. Ms. Wilson said testimony about turf material should be excluded from the Council's review because it is not part of the application and not part of the Council's jurisdiction. There was also significant testimony regarding lighting and traffic which is beyond the scope of the prior testimony. There was new evidence presented with regard to pollution generating surfaces and City stormwater standards. There were also questions about parking spaces and bleachers. Edmonds City Council Approved Minutes April 21, 2015 Page 23 Mr. Peters observed there were remarks about parking and bleacher space; as they and staff testified at the previous hearing, the School District complied with the City's requirements for parking. The City's requirements were driven in large part by the bleacher count and at the City's request, they demonstrated they have the necessary number of parking spaces. The District has also agreed to pay the traffic mitigation fee. Ms. Wilson said the rest of their objections were with regard to items that are outside the scope of the record for review and will be addressed in writing prior to the next meeting. Mr. Taraday said little more could be accomplished tonight. With regard to the Appearance of Fairness Doctrine, he reminded Councilmembers should not discuss the matter amongst themselves between now and the next meeting nor should they discuss it with members of the public or proponents or opponents of the project and they should not do any outside or independent investigation. He recalled one of the speakers requested Councilmembers look at the situation; he said they should not do that as the Council's decision must be based on the record; any independent investigation would not be in the record and could not be considered in the decision. Any legal questions can be directed to him. He advised the matter will be completed next week and the Council can deliberate. Councilmember Mesaros asked whether the Council would have an opportunity next week to ask legal questions with regard to the scope of the decision. Mr. Taraday answered yes, explaining the main purpose of next week's meeting in addition to deliberations is to ask any questions regarding the summary of testimony. 13. MAYOR'S COMMENTS Mayor Earling had no report. 14. COUNCIL COMMENTS Council President Fraley-Monillas asked whether Councilmembers wanted to have a discussion regarding purchasing the Edmonds Conference Center on next week's agenda. If a majority of the Council is interested in further discussion, she will obtain as much information as possible such as maintenance, rental income, annual costs, etc. Councilmember Mesaros suggested providing the scope of what is necessary for the Council to express interest. Councilmember Nelson expressed support in looking into the property. Councilmember Mesaros agreed. Councilmember Petso supported taking up that topic next week. She agreed with Councilmember Mesaros that one of the things she would like to know before next week is how much of a statement of interest the City needs to provide to the State. Councilmember Bloom read from the email from Stefanie Fuller, Acquisition and Disposal Manager, Real Estate Services, Department of Enterprise Services, State of Washington to Doug Schwartz, "with respect to a responsive proposal we do not need a detailed proposal, actually just an email or letter that simply states your interest in acquiring the property and your proposed terms and conditions. These do not have to be finite, just basic terms such as your proposed purchase price, closing date, earnest money, due diligence period, etc." It was her understanding that needed to be done by May 4. Councilmember Johnson agreed with discussing this further next week and requested as much information be provided in the packet as possible. Council President Fraley-Monillas read from the State of Washington Surplus Property Bulletin that states the Department of Enterprise Services has the responsibility to dispose of the property for a Edmonds City Council Approved Minutes April 21, 2015 Page 24 minimum fair market value of $2.3 million. Interested entities will be given 10 days to provide a detailed proposal to the State and acting on behalf of the State, DES will work with interested entities to seek proposals by May 4. In the event no government entities are interested in acquiring the property, the property will become immediately available to the private sector. Councilmembers identified the information they wanted next week to make a determination: • What offsets may be available from the State (Councilmember Petso) • The condition of the facility (Councilmember Petso) • EdCC's experience as the owner of the facility (Councilmember Petso). • the facilities relationship to the City's Comprehensive Plan as adopted and the long range financial budgeting tools such as the CIP and CFP (Councilmember Johnson) • Proposed intended uses for the property (Councilmembers Johnson and Bloom) • source of funds if the Council chose to move forward (Councilmember Mesaros) • Cost of operations (Councilmember Bloom) • Approximate annual rental income (Councilmember Bloom) Council President Fraley-Monillas requested Councilmembers email her their requests for information. For the audience, Councilmember Johnson explained because EdCC no longer has a use for the Edmonds Conference Center, located at the intersection of 0' & Bell on the 4"' Avenue Arts Corridor, there is an opportunity for government entities to consider its purchase. Councilmember Bloom asked how the public would be informed the Council was considering this. Mayor Earling observed Ms. Wippel could report on it. Council President Fraley-Monillas suggested including on the agenda that public comment could be provided during Audience Comment. Councilmember Bloom thanked Douglas Schwartz and Jenny Anttila for bringing this to the Council's attention again. Councilmember Johnson thanked the Gambia delegation for attending tonight's meeting. 15. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. 16. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 17. ADJOURN With no further business, the Council meeting was adjourned at 11:02 p.m. DAVID O. EARLING, MAYOR StMf PA0E-Y`CliV5efERK Edmonds City Council Approved Minutes April 21, 2015 Page 25 AGENDA EDMONDS CITY COUNCIL Council Chambers — Public Safety Complex 250 5th Avenue North, Edmonds SPECIAL MEETING APRIL 21, 2015 6:45 P.M. - CALL TO ORDER 1. (15 Minutes) Convene in Executive Session to discuss pending or potential litigation per RCW 42.30.1.10(1)(i). BUSINESS MEETING APRIL 21, 2015 7:00 P.M. - CALL TO ORDER / FLAG SALUTE 2. (5 Minutes) Roll Call 3. (5 Minutes) Approval of Agenda 4. (5 Minutes) Approval of Consent Agenda Items A. AM-7640 Approval of revised City Council Meeting Minutes from April 7, 2015. B. AM-7641 Approval of draft City Council Meeting Minutes of April 14, 2015. C. AM-7639 Approval of claim checks #213799 through #213890 dated April 16, 2015 for $382,189.75 (reissued checks #213806 $10.35 & #213890 $282.57). Approval of payroll direct deposit and checks #61573 through #61583 for $472,864.88, benefit checks #61584 through $61588 and wire payments of $514,840.97 for the pay period April 1, 2015 through April 15, 2015. D. AM-7632 Interlocal Agreement - North Sound Metro SWAT E. AM-7630 Diversity Commission Ordinance 1 F. AM-7631 January 2015 Budgetary Financial Report G. AM-7646 City Personnel Policy Update 5. (5 Minutes) Proclamation for "Stand Against Racism Day" AM-7610 6. Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings 7. (10 Minutes) Public hearing on an ordinance designating the Profitt/Astell House located at 825 Main AM-7638 Street, Edmonds, Washington for inclusion on the Edmonds Register of Historic Places, and directing the Development Services Director or his designee to designate the site on the official zoning map with an"HR" designation. (File No. PLN20100013). 8. (20 Minutes) Public Hearing on Draft Streetscape/Street Trees Element - 2015 Comprehensive Plan AM-7642 Update 9. (15 Minutes) Edmonds Municipal Court 2014 Report AM-7633 10. (15 Minutes) Discussion and Potential Action on an Ordinance Amending the 2015 Budget AM-7636 11. (30 Minutes) Presentation on. Draft Project List and Level of Service (LOS) Standards for the 2015 AM-7637 Transportation Element Plan. 12. (60 Minutes) Closed -record review of the Hearing Examiner's recommendation on proposed field AM-7627 improvements at the Former Woodway High School. 13. (5 Minutes) Mayor's Comments 14. (15 Minutes) Council Comments 15. Convene in executive session regarding pending or potential litigation per RCW 42.30.11.0(1)(i). 16. Reconvene in open session. Potential action as a result of meeting in executive session. ADJOURN