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05/05/2015 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES May 5, 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 Diane Buckshnis, Councilmember Kristiana Johnson, Councilmember Lora Petso, Councilmember Joan Bloom, Councilmember (arrived 7:00 p.m.) Thomas Mesaros, Councilmember (arrived 6:48 p.m.) Michael Nelson, Councilmember 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. Frances Chapin, Arts & Culture Program Mgr. Rob English, City Engineer Mike Clugston, Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder SPECIAL MEETING 1. MEET WITH HISTORIC PRESERVATION CANDIDATE DAVE TEITZEL FOR APPOINTMENT TO THE HPC At 6:45 p.m., the City Council met with Dave Tietzel, Historic Preservation Commission candidate. The meeting took place in the Jury Meeting Room, located in the Public Safety Complex. All elected officials were present with the exception of Councilmember Bloom. Mayor Earling reconvened the regular City Council meeting at 7:00 p.m. and led the flag salute. BUSINESS MEETING 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 3. APPROVAL OF AGENDA Councilmember Bloom explained it has been brought to Council's attention that by dissolving the Council committee format at the September 2, 2014 meeting without reflecting the elimination of committees via ordinance, the Council has been violating City ordinance since September 2014 which is an urgent concern. COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER PETSO, THAT COUNCIL ADD AGENDA ITEM 7A TO ADDRESS PUTTING OUR COMMITTEE MEETINGS Edmonds City Council Approved Minutes May 5, 2015 Page 1 BACK IN PLACE IMMEDIATELY SO THAT WE DO NOT CONTINUE TO BREAK OUR OWN LAW. Councilmember Petso asked, 1) whether Councilmember Bloom had discussed this with the Council President, and 2) whether this item could be added after the other regular business items on tonight's agenda. Councilmember Bloom answered she has asked that this item be scheduled on the agenda and it was added to the extended agenda for June 23. The issue was brought to the Council's attention by a citizen this week and it was also in My Edmonds News and she has not had an opportunity to discuss it with Council President Fraley-Monillas. She wanted this scheduled as Item 7a because there was a long agenda tonight and the Council has a tendency to postpone items at the end of the agenda. Further, this was an urgent matter because to follow the law, the Council would have committee meetings next week. Councilmember Mesaros asked Mr. Taraday whether the Council was in violation of the code by not having committee meetings. Mr. Taraday read from the code, "committee meetings of the council shall be held in conjunction with work meetings of the council at such times and in accordance with such procedures as the council and its respective committees shall establish." He said that language was pretty open ended and gives the some Council latitude to do what they have been doing. He did not see the Council not holding committee meetings as an outright violation of City code when the Council clearly by agreement has decided not to hold committee meetings until such time as the Council by agreement decides to hold them. The code does not say the City Council shall have committee meetings every second and fourth Tuesday. He summarized the Council has established not having committee meetings for at least an indefinite period of time. Council President Fraley-Monillas said when this was brought to her attention she put it on the extended agenda on a study session as soon as she could. She pointed out all the meetings in May are over 3 hours, she scheduled it on the June 23 study session when there would be enough time for a discussion. Councilmember Bloom responded this was discussed at the September 2, 2014 meeting. At that time Ms. Hope said the change needed to be made by ordinance and the City Attorney was directed to bring an ordinance back to the Council. She had intended to vote against the ordinance even though she voted in favor of the change but an ordinance was never brought back to the Council. She referenced the code section that the citizen brought to the Council's attention, ECC 1.02.031 which states, "In addition to any other duties assigned by the city council, the council president shall have the following responsibilities: 1. Make assignments to all council committees, schedule committee hearings, and otherwise supervise the committee system." Councilmember Bloom said this has not been done since September 2014. She felt compelled to bring this forward because the Council has been functioning as if this was put in ordinance form and it has not been. It was her impression that the Council was violating the ordinance. She reiterated the meeting minutes reflect Ms. Hope's statement that the ordinance would need to be changed. Council President Fraley-Monillas encouraged the Council to proceed with scheduling this discussion on June 23 when there will be time to discuss it. There are only 3 other items on that agenda. Councilmember Mesaros asked whether Councilmember Bloom's assertion was correct, that the Council was in violation of City code by the reference she provided. Mr. Taraday said he read that language in conjunction with the language that he read earlier, "at such times and in accordance with such procedures as the Council and its respective committees shall establish." In the reference Councilmember Bloom provided, "shall establish" does not necessarily require that an ordinance be brought forward. The Council's prior action has been established at least for the time being, that the Council is not having committee meetings, and that could be changed at any time by Council vote. Councilmember Petso said she will vote against the motion but asked Council President Fraley-Monillas to consider the urgency of the matter and see if it can be scheduled sooner than June 23. Edmonds City Council Approved Minutes May 5, 2015 Page 2 MOTION FAILED (1-6), COUNCILMEMBER BLOOM VOTING YES. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS Councilmember Petso requested Item A and E be removed from the Consent Agenda and Councilmember Nelson requested Item C be removed. B. APPROVAL OF CLAIM CHECKS #213993 THROUGH #214104 DATED APRIL 30, 2015 FOR $451,516.99. APPROVAL OF PAYROLL CHECK #61590 DATED APRIL 29, 2015 FOR $616.62 D. FEBRUARY 2015 BUDGETARY FINANCIAL REPORT F. AUTHORIZATION FOR MAYOR TO SIGN EASEMENT DOCUMENTS FROM THE 7500 BUILDING FOR THE 76TH AVE/212TH STREET INTERSECTION IMPROVEMENTS PROJECT G. AUTHORIZATION FOR MAYOR TO SIGN EASEMENT DOCUMENTS FROM DAIRY QUEEN FOR THE 76TH AVE/212TH STREET INTERSECTION IMPROVEMENTS PROJECT H. AWARD OF THE 228TH ST. SW CORRIDOR IMPROVEMENTS PROJECT I. AUTHORIZATION FOR MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH FOR THE LIFT STATION #1 BASIN AND FLOW STUDY J. REPORT ON BIDS OPENED APRIL 30, 2015 FOR THE 2015 SANITARY SEWER REPLACEMENT PROJECT AND AWARD OF CONTRACT TO BUNO CONSTRUCTION, LLC K. APPROVAL OF 2015 REVENUE BOND ORDINANCE ITEM A: APPROVAL OF DRAFT CITY COUNCIL MEETING MINUTES OF APRIL 28, 2015 Councilmember Petso relayed a request from a citizen that a verbatim transcript of his comments during Audience Comments last week to be added to the minutes. She requested approval of the minutes be scheduled next week with that addition. ITEM C: ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM RYAN SPEER $2( 00.00) Councilmember Nelson explained he pulled this to highlight a claim for damages from a police officer whose personal vehicle, parked in the police employee parking lot, was vandalized while he was on patrol. Only signs separate police employee parking from public parking. He relayed the Police Chief s indication that in the last 8 months there have been 27 incidents of vandalism, specifically tires, in that police employee lot. Councilmember Nelson found that unacceptable and issue that needs to be addressed. Remedies are being considered so this does not happen again. Mayor Earling agreed staff is meeting with the Chief to discuss options. Edmonds City Council Approved Minutes May 5, 2015 Page 3 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETSO, TO APPROVE ITEM C. MOTION CARRIED UNANIMOUSLY. ITEM E: CONFIRMATION OF DAVE TEITZEL'S APPOINTMENT TO THE HISTORIC PRESERVATION COMMISSION Councilmember Petso said she pulled this to abstain from the vote. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO APPROVE ITEM E. MOTION CARRIED (5-0-2), COUNCILMEMBERS PETSO AND BLOOM ABSTAINING. COUNCILMEMBER PETSO, MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as shown above. 7. AUDIENCE COMMENTS Christi Davis, Brier, referred to the Findings, Conclusions and Decisions that were distributed to Council. Mr. Taraday stated she could not address the Council on a quasi-judicial matter; the hearing has been closed. He referred to the statement on the agenda under Audience Comments that the public could not speak on matters listed on the agenda as Closed Record Review or as Public Hearings. The approval of Findings, Conclusions and Decision is the final stage of the closed record review and continued argument to the Council regarding the Findings and Conclusions could taint the process. The Council has heard from the public and now they will deliberate and adopt their Findings and Conclusions. Darlene Stern, Edmonds, said although she belonged to several volunteer organizations, she was speaking as a private citizen. The proposed 2015 street budget was $1.56 million; during budget deliberations, an amendment was approved to remove $260,000 that had previously been approved as a carryover from the 2014 budget which effectively reduced the amount available to address critical road repairs by 17%. The reason offered for the change was to keep the money available for the acquisition of land for future City parks. The City has 41 parks that range in size from pocket parks to the large City Park that is currently undergoing a significant upgrade and expansion of its functionality. Inasmuch as the City's streets are deteriorating at an accelerated rate, she requested the $260,000 be returned to its original purpose. She described the poor condition of a 1/8 mile section of Meadowdale Beach Road between 76tb and the Eagles Nest neighborhood, a danger to vehicles as well as residents who walk, run and use wheelchairs in this area. Mr. Taraday recognized the following speaker as someone who spoke regarding the Woodway Fields and cautioned her she could not speak regarding that subject. Laura Johnson, Edmonds, said she was scared that she may have to choose between her son playing sports and protecting his health. She felt she was battling the City and the School District for the safety of her children. The City should be concerned about the use of crumb rubber on any field. Mr. Taraday said she was not allowed to talk about the fields. Ms. Johnson clarified she was asking the City to not allow crumb rubber on any fields and to consider other safe alternatives for all fields as her son will play on other fields in the City. The only group that has expressed interest in looking in to the safety is Verdant. She referred to an online petition they started Friday that gathered the interest of 800 people and signatures they gathered at PCC this weekend. Edmonds can choose to be an example and be on the forefront rather than putting children at risk and waiting for science to connect the dots. Edmonds City Council Approved Minutes May 5, 2015 Page 4 Christi Davis, Brier, said children's health and safety does not have to be sacrificed. She referred to a great alternative, geoturf which is used on FIFA 2 star fields. It is organic infill, crumb rubber and coconut fibers. She relayed benefits including people who say it is the best field they've ever played on, it doesn't heat up during the summer, greater shock absorption, lower risk of concussion, plays more like natural grass, low risk of turf burns, fibers are softer, and it is much better for athletes than crumb rubber. Edmonds can have the best fields in Washington State if they want; the City just needs to say they want the best for the environment and for the kids because the kids are worth it. Josh Johnson, Edmonds, said there are safety concerns not just with the Woodway fields but all turf fields. He relayed federal recommendations and health warnings, both the Consumer Product Safety Commission and Center for Disease Control and Prevention recommended young children wash hands frequently after playing outside and always before they eat. The CDC recommends after playing on a field, individuals are encouraged to perform aggressive hand and body washing for at least 20 seconds using soap and warm water, clothes on the field should be removed and turned inside out as soon as possible after using the field to avoid tracking contaminated dust into other places. In a vehicle people can sit on a large towel or blanket if it is not feasible to remove clothes. The CDC recommends clothes, towels and blankets be washed separately and shoes worn on the field be kept outside the home. Eating while on a field of turf is discouraged as well as avoiding contaminating drinking containers with dust from the field by keeping them in a bag, cooler or other covered container on the side of the field. He summarized these are CDC recommendations in regard to all crumb rubber fields. Roger Hertrich, Edmonds, referred to the Streetscape Plan, specifically page 307 in the packet where this is a note that some interest was expressed during testimony about adding language about views. Staff s response was additional information or a policy about views could be added to a later version of the Streetscape/Street Tree Element as it goes through refinements such as view corridors may be considered as a factor. He suggested adding the language now as well as adding photographs of street trees. He referred to interest in the Streetscape Plan to selecting the right tree to avoid obscuring businesses. He referred to suggested language in the Plan, "where feasible street trees or other landscaping located between the travel lane and the sidewalk can improve the pedestrian experience" to which he suggested be added "without destroying the public view corridor." On page 310 of the packet, he suggested referencing views as a factor in the selection of trees. 5. PROCLAMATION DECLARING MAY "PUGET SOUND STARTS HERE MONTH" Mayor Earling read a proclamation declaring May as Puget Sound Starts Here month and presented it to Public Works Director Phil Williams. On behalf of staff Mr. Williams thanked the Council for the proclamation. He explained the City continues to do its part to protect Puget Sound including street sweeping, storm drain cleaning, promoting and encouraging installation of rain gardens, partnering with local non -profits to conduct car leak checks, and strengthening the City's stormwater code. Those things put action to the words in the proclamation. Citizens can made a difference by using a commercial car wash rather than washing their car in the street and allowing the dirty water to run down into the drain, picking up pet waste and putting in a plastic bag in the garbage to keep bacteria and other biologicals from entering the water systems, fixing leaky cars, and limiting the use of chemical fertilizers and pesticides to the smallest amount possible. May 16 is Puget Sound Starts Here night at the Mariners and discounted tickets are available. 6. COMMUNITY SERVICE ANNOUNCEMENT: MEMORIAL DAY CEREMONY Dale Hoggins, Edmonds, member of Cemetery Board, said Fred Apgar, Chaplin, VFW Post 8870 and Vietnam War Veteran assists the Board in planning the event. On behalf of the Cemetery Board and the Chair, Jerry Janacek, he invited the Council, friends and family to attend the 33 d annual Memorial Day Edmonds City Council Approved Minutes May 5, 2015 Page 5 Ceremony at Monday, May 25 at 11 a.at the Edmonds Memorial Cemetery and Columbarium and join in honoring the memories of those who died while serving our country. September 2, 2015 is the 701h anniversary of VJ Day 1945 and is the theme of this year's ceremony. VJ Day ended the war in the Pacific Theater and WWII. The Edmonds Cemetery's ceremony is unique; it does not have a political agenda, the emphasis is on remembering, features youth participation and there is no sale pitch. Ceremonial flags are on loan from the families of Erwin Scott, Pearl Harbor survivor and survivor of two ships that were sunk while he was aboard and member of the submarine that fired the last torpedo before VJ Day, and Carl Svendsen, Captain, USNR, a 33 year active duty and reserve naval officer, assigned to a landing craft at Iwo Jima. Special guest will be Captain Robert "Buck" Weaver and his wife, a US Army Air Corps Fighter Pilot, assigned to the 5`h Air Force 415t fighter squad who flew 137 combat missions in the Pacific. He retired in 1975 after nearly 30 years of active duty. Anyone with questions regarding the ceremony was invited to call Mr. Hoggins. 8. PUBLIC HEARING FOR 4TH AVENUE CULTURAL CORRIDOR INTERIM PUBLIC ART PROJECT Arts Manager Frances Chapin explained for the past 10 years the community has in various ways identified the 4th Avenue Corridor between the Edmonds Center for the Arts (ECA) and Main Street as a unique area in the downtown. When the ECA project was first proposed, the Planning Board recognized the importance of the corridor as a connection to Main Street and created BD5 zoning and called it the Arts Corridor, referring to is role in connecting key cultural aspects. The 2006 Streetscape Plan update included a concept plan for an arts corridor on 4th Avenue. Subsequent updates of the Parks Plan and the Community Cultural Plan in 2008 recognized the corridor as a unique connection for cultural assets including rich cultural history which led to an initial planning process for the 4th Avenue Cultural Corridor that was completed in 2009. Community interest in this vision continued to be expressed in both the 2013 City Strategic Plan, objective LeA, creation of an arts enhanced walkable corridor; and in the 2014 adopted Community Cultural Plan, strategy 1.4, to advance the cultural corridor through interim or short term projects. Retaining the big concepts of 2009 Cultural Corridor Plan, the interim art project aims to highlight this unique pedestrian connection between the vibrant ECA and downtown retail. This area is unique as a neighborhood, as a link to activity areas in the downtown and as a regional asset for cultural history. The proposed art project is part of implementation of both the Community Cultural Plan and the Strategic Plan. Community interest following those planning efforts led to the Edmonds Arts Commission (EAC) convening a stakeholders advisory group which included residents, property owners and business on the 4th Avenue Corridor. A detailed update on this project was provided to Council in September 2014. The project budget of $30,000 is funded through public art funds budged for 2015 by the EAC and a $10,000 donation from the Edmonds Arts Festival Foundation (EAFF) specifically designated for this project. On March 23, 2015, 3 artists presented proposals for interim art installations to the public art selection committee at a public meeting. The goal set for the artist was to create an engaging, visual connection between ECA at the north end and Main Street at the south end. The design requirements include having a life of at least five years but elements could be viable for longer period. Public comment was taken following the meeting. The selection committee for this art project included Councilmember Johnson, Arts Commissioner Samantha Saether, neighborhood resident Susan Bauer, property owner, ECA Board Member Steve Shelton, EAFF Board Member Terry Vehrs and arts professional Benson Shaw. Several of them in are in the audience. After reviewing the proposals and public comment, the selection committee unanimously recommended Iole Alessandrini's proposal, Luminous Forest. At their April 6, 2015 meeting, the EAC unanimously Edmonds City Council Approved Minutes May 5, 2015 Page 6 recommended the project be forwarded to City Council for consideration after a public hearing. Ms. Chapin introduced Ms. Alessandrini and described her background. Ms. Alessandrini provided photographs and described other installations she has designed, Winter Season of Light, a 700 feet long temporary light installation in downtown Tacoma in 2000; and Greener, a 25,000 square foot laser installation for the Olympic Sculpture Park's inaugural event in Seattle in 2007. She displayed an aerial map of Edmonds, explaining what drew her to the design of Luminous Forest is Edmonds' unique history, natural beauty and topography. From site visits and studies she noticed that 4th Avenue and other streets in old Edmonds lie almost parallel to the shoreline at a 60 degree angle with respect to NS-EW imperial American grid. For west coast towns such as Edmonds, water and forest were primary natural resources sustaining the community. The street plan of old Edmonds developed organically to benefit from these available resources. The project overlays a virtual NS-EW grid onto the 60 degree angle grid of old -Edmonds. The two grids meet at four intersections: Daley, Edmonds, Bell and Main Street. Ms. Alessandrini displayed the Luminous Forest design, explaining people walking and driving on 4th Avenue N will be greeted by stings of luminous lights connecting Main Street to the south and ECA to the north. With the two grids overlaying each other, Luminous Forest makes reference to the topographic shift coinciding with the end of the mill era and the beginning of the 20th century Edmonds and the automobile age. Each string is a compass for orientation in time and space. Luminous Forest is homage to Edmonds' weather and forest, the primary natural resources sustaining its community. To people walking or driving onto 4th Avenue N, the luminous art provides engagement with the street at an aesthetical level. Looking north the project visually connects with ECA. Looking south it intersects Main Street, the primary arterial connecting Edmonds to both the main land and to the ferry terminal, Kingston and new horizons. The lights are on a single string with five individual LEDs per string. Spacing between the strings is about 140 feet, progressively decreasing to 60 feet in the north direction. She displayed a bird's eye view, driver's view and pedestrian view of the project. The lights are imbedded, solar powered LED road markers that turns on when the sun go down and charges during the day. She displayed an example of one of the lights. Ms. Alessandrini provided Luminous Forest Conclusions: People's original vision for 4th Avenue N interim art expressed the wish for a project that would visually connect Main Street to ECA. Luminous Forest responds to their vision: l . Entices pedestrians to walk 4th Avenue North from one end to the other and is sustainable because it uses solar energy 2. The low-level of the LED marker is both pedestrian and sky friendly, providing people a path at night on a dimly lit street 3. The project is an asset for economic development and cultural history On a sustainable level, Ms. Alessandrini hoped the project will raise people's consciousness that here is a street which once was a forest. The light, a virtual energy itself, is a compass that orients people to the water. Luminous Forest is an original, unique and exciting art for the City of Edmonds. Ms. Alessandrini displayed a model of the entire street with RGB (color changing) lights; for this project, the intent is to use white lights. Mayor Earling opened the public participation portion of the public hearing. Edmonds City Council Approved Minutes May 5, 2015 Page 7 Darlene McClellan, Edmonds, relayed the EAFF's support of the concept of interim art, not only with its attendance at committee meetings but with a $10,000 donation toward this specific project. As a member of EAFF, she was excited and encouraged by the interest of residents and businesses along the corridor who wish to see a significant reminder of things to come. It is validating to keep the concepts set forth in the 2009 4th Avenue Plan alive and in public awareness. As a member of the greater community who does not live in the bowl, she saw this as significant community engagement. Continued awareness of this area is beneficial not only to one neighborhood; this addition is for public benefit, establishing lighting for evening walks through a much loved area and it is valuable to extend the reach of artistic comment through a City that describes itself as an arts community. She appreciated the selection of Ms. Alessandrini's statement in modern materials that recognized the historic value of the area. This interim piece conveys a significant message, advancing awareness of the corridor. David Jaffe, recently retired Chief Executive, Swedish Edmonds Hospital, ECA Board Member and a member of the Edmonds Community College Foundation Board, spoke in support of Ms. Alessandrini's project, Luminous Forest. When he arrived in Edmonds, it did not take him long to realize how uniquely vibrant Edmonds is, particularly related to the arts. In his role at Swedish Edmonds, recognizing how critical art was in the healing process, he immediately set out to develop relationships with local artists to display their work at the hospital. The project has grown dramatically and proven to be extremely comforting to patients, visitors and staff. Luminous Forest speaks to connectivity in the community, much the same as the hospital which is such an important part of the spirt of Edmonds, providing connectivity between the ECA and Main Street. This connectivity will serve as a foundation on which the City can further build. He urged the Council to vote in support of this project. Clayton Moss, Edmonds business owner and resident, recalled in 2008/2009 the community was asked to get involved with the corridor project. A lot of time, energy, effort and money went into developing a concept; that effort was shelved for number of years due to the economy. This is a great opportunity to rekindle the project with a lot of bang for the buck. This is a great opportunity for the City to send a message to the community that if they get involved, there is something tangible at the end of that effort. Steve Shelton, Edmonds, spoke in favor of the 4th Avenue interim project. He described his background and community involvement, retired from Nordstrom, co-owner with his wife of Barclay Shelton Dance Center, President of Snohomish County PFD Board, Past President of the ECA Board, participant in the original 4th Avenue Cultural Plan and member of the citizens panel that considered the art submittals. He commended Ms. Chapin for her persistence. This is a very creative and frugal solution that keeps the vision alive of connecting the ECA to downtown Edmonds. He said it was not coincidence that since the 2007 opening of the ECA, the City has turned into a thriving destination of top rated restaurants, galleries and businesses; it is no longer Dead-monds. Top quality events at the ECA as well as the community outreach have put Edmonds on the map culturally. He urged the Council to vote in favor of proceeding with this beautiful, subtle and illuminating vision, connecting the cultural, entertainment and outreach center of the community to the charming and vibrant downtown. Joe McIalwain, Executive Director ECA, admitted when he goes downtown for lunch/coffee downtown, he often drives particularly in the dark winter months. One of the reason is there isn't a great link between the ECA and the downtown core. Upwards of 60,000 people visit ECA each year, a lot of cars and a lot of traffic. This corridor vision is an opportunity to develop a community connection, a great walkway that makes it easy to walk those three blocks. It is not a fun walk from ECA to the downtown core in the evening, particularly in the winter months; it's poorly lit and the sidewalks are uneven. This project connects the ECA to the restaurants downtown, a great opportunity to encouraging patrons to park at the ECA and walk downtown for a meal and return for an event. He noted there many events at the ECA in addition to ECA presentations including Rick Steves Europe Travel Festivals, the DeMiero Jazz Festival, Sno-King Music Educators. Moving buses and cars around the City takes a toll; this is a great Edmonds City Council Approved Minutes May 5, 2015 Page 8 environmental solution, great community development solution and a step toward the vision for the 4th Avenue Corridor. He urged the Council to support the project. Roger Hertrich, Edmonds, commented this is a novel idea. He recommended attention be paid to the sidewalks on 4th Avenue because they are difficult to walk on and they are not very wide. A better sidewalk would draw more pedestrians. If street lights are installed, he hoped they would be similar to ones on 5th Avenue and Main Street. If street lights are installed, he questioned the affect they would have on solar lights in the street. He said it was a great idea to get started and get people interested and he congratulated the artist. Allan Skoog, Worship Pastor, North Sound Church, at 4th & Bell and Director of Mosaic Choir and Orchestra spoke in favor of the proposed art project. Having lived and worked in the Edmonds area for 50 years, he appreciated the research and work that went into understanding the history and cultural of Edmonds and its relationship to Puget Sound. One of the goals of this project was to help move people from downtown Edmonds to the ECA. His groups are regularly on the stage at the ECA as well as stages around world and he understood the importance of lights and how they focus people's attention. Lights will definitely help move people from downtown to the ECA. He expressed concern with the amount of pedestrian and vehicle traffic in Edmonds particular in the evening, recalling a tragic vehicle -pedestrian accident at the corner of 4th & Bell last year. These lights will help that situation, bringing attention to pedestrian and vehicular movement. Hearing no further comment, Mayor Earling closed the public participation portion of the hearing. Councilmember Johnson explained she was the Council representative on the artist selection committee along with five others. After hearing the three presentations the committee unanimously agreed on this artist. One of the key features was the visual connection between the ECA and Main Street and they were very excited by the artist's unique, vibrant and exciting proposal that truly addresses the challenge — to engage the public in a visual connection between the ECA and Main Street. Someday there will be a more permanent solution with improved sidewalks and streets; until then, this will be an interesting feature downtown. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO APPROVE THIS. Councilmember Petso preferred to do as the agenda memo recommends, to schedule this for approval on the May 12 Consent Agenda to provide her an opportunity to talk to staff about whether this type of installation in the road has any effect on safety. She suggested the motion be withdrawn and replaced with a motion to schedule it on next week's Consent Agenda. Otherwise she would like to hear from staff regarding potential safety impacts. Councilmember Petso asked about the safety record for installations in roadway, whether it is a driver distraction. Ms. Chapin said she and Public Works Director Phil Williams have had quite a bit of discussion and have agreed that discussion will include the artist as the project moves forward. Discussion has included the type of lights — they are very low level more of a glow, the uses that they have been put to — they are used fairly extensively on edges of major highways, maintenance and whether they can be snow plowed. She commented this road has extremely slow traffic. Mr. Williams said he has no experience with these in the roadway; it would be new for Edmonds as it would be for most cities which explains its appeal, it's a different way to bring art into the right-of-way. Ms. Chapin and he have talked extensively about this proposal, there are a lot of nuances with it and he will work with Ms. Chapin and the artists on the installation if it is approved. The street is in very poor condition, the pavement is not particularly good. It would be great if the street could be repaved and then Edmonds City Council Approved Minutes May 5, 2015 Page 9 install these but that is not possible. He could not say how it might affect a driver, a motorcyclist or a bicyclist. They have discussed how much of the lights would be revealed above the surface and issues that might create as well as angle of the lights; the speeds on that street are very low and it is a fairly narrow street. He is willing to work through whatever growing pains there may be, recognizing it is a pilot project that may lead to a future project in a few years. He summarized neither he nor anyone in his department has any experience with these lights. Ms. Chapin added these particular lights are widely used on bicycle paths to light the path. They are not considered a distraction but a safety feature for bike paths. Councilmember Petso asked whether they were used on the edges of the path or across the path as is planned in this project. Ms. Chapin answered they are used in both ways. Councilmember Bloom asked the total cost of the project. Ms. Chapin answered the total cost with installation and some replacement lights is $30,000 for a 3'/z block length. Councilmember Bloom referred to Mr. Williams' comments that the road is in need of repair and asked if the lights could be installed without repaving. Mr. Williams answered yes, his understanding is they will be core drilled and the base set into the pavement. Councilmember Bloom asked why the lights are being installed in the street instead of the sidewalk. Ms. Alessandrini answered the corridor is for drivers and pedestrians. The sidewalks are very small and there are dips in the sidewalk of up to 6 inches especially at the intersections so the lights can be better seen from the road. Councilmember Bloom asked whether they would be a trip hazard on the sidewalk. Ms. Chapin said the sidewalks are in worse repair than the street; there are areas in the sidewalk with large dips. These lights are only 1/4 inch above the surface; they are ADA approved and are not a trip hazard. Ms. Chapin said there are only six screws holding the light element in place which makes replacing the light relatively easy. Ms. Alessandrini displayed the light and described how the light was replaced. Councilmember Petso said she will abstain because she was not ready to vote on this tonight. The recommendation was to conduct a public hearing and consider scheduling approval on May 12. She would have been fine scheduling approval on May 12 but she was not ready to make a decision tonight on whether or not this will be safe and she was not ready to experiment on the public. Councilmember Buckshnis said she has experience with these lights in Charlotte, North Carolina and they are fun, especially with different colors. She summarized it was a great idea and she did not feel it needed to wait until next week's Consent Agenda. She suggested Councilmember Petso ask her questions and get her answers next week. MOTION CARRIED (6-0-1), COUNCILMEMBER PETSO ABSTAINING. 9. PUBLIC HEARING ON A PROPOSED ORDINANCE AUTHORIZING THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF REAL PROPERTY INTERESTS FOR THE 76TH AVE/212TH STREET INTERSECTION IMPROVEMENTS PROJECT City Engineer Rob English advised the packet includes a right-of-way plan that shows both permanent right-of-way and temporary construction easements for the project primarily at the four corners of the intersection. He displayed photograph of the four corners, explaining the project required right-of-way acquisition from eight parcels. The Council accepted easements from two of the parcels on the southeast corner on tonight's Consent Agenda, Dairy Queen and the 7500 Building east of Dairy Queen. Edmonds-Woodway High School is on the southwest corner; the School District received an appraisal and negotiations will continue in the coming weeks. Discussions are also continuing with the Burger King and the Romios property owners on the northwest corner and the Grease Monkey and car wash property Edmonds City Council Approved Minutes May 5, 2015 Page 10 owners on the northeast corner. There is a common property owner between the northwest corner and the northeast corner. Parcel Current Use Owner RAW Regd TCE Reqd No. (SIT) (SF) 1 Grease Monkey Strickland GC Properties LLC 961 694 2 Car Wash Strickland GC Properties LLC 169 250 3,4 Burger King Three Graces #3 LLC & Porterfield Dev 3,643 2,166 LLC 5 Romios ET AL Three Graces #3 LLC & Porterfield Dev 539 864 LLC 6 E-W High School Edmonds School Dist #13 8,662 3,808 Mr. English described the right-of-way budget which includes acquisition costs, soft costs for the consultants, time associated with preparing legal descriptions, etc. Estimated Cost Right-of-way Acquisition $790,000 Funding Source Amount Federal Grant $646,000 Local Funds $144,000 Total $790,000 Mr. English described the project schedule: Design 60% complete Dec 2015 — Right-of-way Certification Feb 2016 — Advertise project for bids Spring 2015 — Begin construction Dec 2016 —Project complete The City received over a $3 million construction grant through PSRC and has until June 1, 2016 to obligate those funds. In order to obligate the funds, the City must certify it has all the right-of-way needed to build the project hence the importance of sticking to the proposed schedule. Mayor Earling opened the public participation portion of public hearing. There was no one present who wished to provide testimony and Mayor Earling closed the public participation portion of the public hearing. Councilmember Bloom referred to language in the temporary construction easement document on tonight's Consent Agenda that states, the grantors further grant the property immediately adjacent to the temporary easement area for the purpose of performing this work. She asked whether that was standard language and if so, why. Mr. Taraday answered it was not standard language and he was not certain what the right-of-way agent intended by that except that it would clearly be some sort of use that is less than construction use such as walking on someone's property incidentally in the course of construction. He agreed it was a little unusual. Councilmember Bloom found it curious that all the space needed for the temporary construction easement would not be allocated so the property owner knew what space would be used. Mr. Taraday answered the property that is needed is in the description of the temporary construction easement and any incidental use on adjacent property would be extremely incidental and not used for what one would normally think of as a construction use. Councilmember Bloom reiterated the question asked at the Study Session whether the City was allowed to condemn the property of another public entity such as the School District. Mr. Taraday answered this Edmonds City Council Approved Minutes May 5, 2015 Page 11 ordinance gives the potential ability to do that; he assured condemnation action would not be filed before getting a solid answer to that question. Councilmember Bloom asked if there was reason to believe negotiations would not go well and whether authorization to condemn property was necessary for the remaining parcels. Mr. English answered at this point negotiations will continue. One of the property owners on the northwest and northeast corner also owned property at the Five Corners intersection. Condemnation action was filed on the parcel although it was settled prior to going to court. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE ORDINANCE NO. 3997, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF REAL PROPERTY INTERESTS NEEDED FOR THE 76TH & 212TH INTERSECTION IMPROVEMENTS PROJECT. MOTION CARRIED (6-0-1), COUNCILMEMBER BLOOM ABSTAINING. Mayor Earling declared a brief recess. 10. APPROVAL OF FINDINGS, CONCLUSIONS, AND DECISION REGARDING HEARING EXAMINER RECOMMENDATION ON PROPOSED FIELD IMPROVEMENTS AT FORMER WOODWAY HIGH SCHOOL For the TV audience, Mayor Earling advised the Council has heard emotional and meaningful testimony. Many of the emotional issues that have been raised with regard to wildlife, etc. are not part of the Council's decision; the Council is considering only three issues. City Attorney Jeff Taraday requested Councilmembers disclose whether they have had any ex parte communication to provide an opportunity for the public to express an objection to participation before the Council votes on the Findings and Conclusions. He will not ask about bias because the Council has already taken several votes last week and it would seem odd to state they were unbiased when the Council has already voted on several issues. Councilmember Buckshnis relayed she has received emails but did not read them and deleted them after being told by Mr. Taraday not to read them. Councilmember Nelson said he has received emails but deleted them without reading. Councilmember Johnson said she received emails and deleted them without reading and has had no other outside discussions. Councilmember Bloom advised she received and read Kate Smith's email of May 1, 2015 to Council and others but did not respond. She also read a letter from Cliff Sanderlin who was not a party of record. She also read the My Edmonds News article and an editorial comment by Denise Wechsler. In order to provide an opportunity for objection to the substance of that communication, Mr. Taraday asked Councilmember Bloom to briefly state the substance of those communications. Councilmember Bloom said she would have to look at them because she did not have them memorized. She said they did not change the way she planned to vote tonight. Mr. Taraday asked whether they addressed matters that were within or outside the Examiner's records. Councilmember Bloom answered Cliff Sanderlin's addressed issues that were outside the record. Mr. Taraday asked Councilmember Bloom if she was able to vote tonight without taking into consider any of the items she read. Councilmember Bloom answered yes. Mr. Taraday asked whether anyone wished to challenge Councilmember Bloom's participation based on that disclosure. There were no objections voiced. Edmonds City Council Approved Minutes May 5, 2015 Page 12 Councilmember Petso reported she received several emails including from Walgrins, Pinson, Sanderlin, Smiths, Wechsler and Cagey. She did not read them except to determine that they might pertain to this issue and then she filed them. Councilmember Mesaros said he received several emails this past week but deleted them when he noticed the subject matter. Council President Fraley-Monillas reported she received numerous emails but deleted them when she saw what they were about. Mayor Earling reported he received a couple emails but as soon as he determined the subject matter, he did not read them. Mr. Taraday asked whether anyone in the public wanted to challenge the participation of any Councilmember or Mayor Earling in these proceedings. There were no objections voiced and Mr. Taraday advised the Council could move forward with adoption of Findings and Conclusions. He advised the version in the packet contained the vast majority of the Findings and Conclusions. This afternoon he sent Councilmembers an updated version. He reviewed the revisions: Page 5: delete "s" from "includes" Page 8: delete "recommended by staff' Page 8: add 10:00 p.m. in the blank for the field end time Page 14: add "When an agency initiates a proposal, it is the lead agency for that proposal. See WAC 197-11-926(1). Lead agency status can be disputed by another agency such as the City, but only during the fourteen -day period after issuance of a threshold determination. See WAC 197- 11-340(2)(e). Here, the District issued a DNS on February 27, 2015. The DNS is final and binding on all agencies, subject to certain exceptions stated in WAC 197-11-390 that are not applicable here. See also ECDC 20.15A.050.C." following "the SEPA threshold determination." Page, 14: removed "s" from "The District provides" Page 14, revise sentence to read, "The District provides no administrative appeal of the SEPA determination, and the City did not assume lead agency status, so the adequacy of SEPA review is not an issue subject to consideration by the City Council. Further, the Ciby's exercise of SEPA substantive authority as it takes ,governmental action on the District's proposal must be consistent with the existing environmental documents (SEPA checklist and threshold determination on the proposal and the limitations stated under SEPA, SEPA rules, and the City's SEPA authorities." Page 22: clarify the "E" in ECDC 20.85.010E. Condition 10: revise to read, "No geld lighting is permitted under the three subject permits. o Field lighting is what is before the Council; it is conceivable there could be some other type of lighting proposed. Mr. Taraday referred to comments made during Audience Comment about crumb rubber and reminded the Council the decision about crumb rubber or the field substance is not a decision before the Council. There is no appropriate record before the Council upon which they could make that decision and it was not a subject in the Hearing Examiner's recommendation. Once the Council approves Findings and Conclusions tonight, Councilmember Petso asked if Councilmembers were free to speak about the subject matter or did they need to wait for the expiration of some kind of appeal period. Out of an abundance of caution, noting he was unsure there was clear case law regarding the length of time the Council needed to wait, Mr. Taraday requested Councilmembers wait a good 21 days or so from now. Edmonds City Council Approved Minutes May 5, 2015 Page 13 Councilmember Petso recalled last week she voiced her disagreement with the Hearing Examiner's conclusions regarding traffic and Comprehensive Plan compliance. She has 4-5 findings that support that as well as conclusions from those findings. She asked how to fix the Hearing Examiner's findings to be consistent with the fact that there was no traffic analysis and no Comprehensive Plan compliance. Mr. Taraday suggested she propose amendments; any further amendments that are approved can be typed into the document displayed on the screen. Councilmember Petso relayed her proposed findings There is presently one baseball backstop; the proposal asks for fencing for two baseball backstops plus additional stuff in subsequent phases The proposal includes multiple bleachers for up to 60 people each The record shows fields generate 60-90 vehicles per field per game Traffic from field activity would exceed traditional high school uses Nothing in the record shows public involvement in design development since Comprehensive Plan adoption in February 2014 Councilmember Petso explained as a result of those proposed findings she concluded the proposal should be denied as a Conditional Use Permit (CUP) requires review of traffic impacts on the neighborhood, reference 16.80.020.E and the Council must be able to find the proposal is not detrimental to public health, safety or welfare or nearby properties, reference 20.05.010.0 and variance requirement E. She said the record shows a detriment in the addition of at least 60-90 trips per field per game. The proposal is adding fields and is adding bleachers which increase both the number of fields and the intensity of use. In her opinion this was not purely related to the lighting; the Hearing Examiner felt there would be more trips per day if the field were lit so more overall games could be played. According to the record when a game is played, there are 60-90 additional trips per game. The second reason Councilmember Petso recommended denying the proposal is the Comprehensive Plan states that community will be involved in design development and she did not consider the proceedings before the Architectural Design Board (ADB) to be design development; she consider that to be review per the standards of the code by a group of appointed individuals. Mr. Taraday referred to Councilmember Petso's use of the word findings in her statement; he clarified those are Councilmember Petso's proposed findings, not staff s or the Examiner's findings. Councilmember Petso agreed. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, THAT HER PROPOSED FINDINGS AND CONCLUSIONS BE INCORPORATED IN THE DECISION OF THE CITY COUNCIL AND THAT THE COUNCIL DENY THE PROPOSAL. Council President Fraley-Monillas referred to Councilmember Petso's reference to Mr. Read in the record who determined 60-90 vehicles per field and asked who Mr. Read is. Councilmember Petso responded it is her understanding he is a traffic engineer; his memo was submitted by Mr. Wall and is part of the record. Mr. Taraday said the Hearing Examiner considered Mr. Read's analysis in his recommendation to the Council and interpreted Mr. Read's analysis to indicate the primary traffic increase would be due to the addition of lighting. When lighting is removed, it is basically replacing grass fields with turf fields and therefore not creating a significant increase in traffic. That was the basis for the Hearing Examiner rationale, but for lighting which has now been removed from the proposal, the project would satisfy the criteria. Council President Fraley-Monillas asked whether Mr. Read was officially hired to determine this. Mr. Taraday relayed his understanding that Mr. Read did a traffic analysis at the request of Mr. Wall, an opponent, and came up with an opinion. Mr. Clugston stated Mr. Read is a PE with Transportation Edmonds City Council Approved Minutes May 5, 2015 Page 14 Engineering NorthWest. His information was submitted as part of Mr. Walls's Exhibit 5. Mr. Read bases his assessment on four fields rather than two. There are two existing fields and the proposal is for two fields which is a like for like change. In instances like this, traffic impact fees are addressed with the building permit. Council President Fraley-Monillas asked if staff would come back to the Council if the School District proposed to add two fields. Mr. Clugston answered yes; subsequent phases of this project would have to come back for additional land use permits. Councilmember Petso said the totals in Mr. Read's letter did deal with four fields but read the following sentence from his letter, "as peak demand for parking of sports fields averages roughly 60 vehicles per field for games and tournaments and up to 90 vehicles per field for regional or qualifying tournaments." Councilmember Buckshnis pointed out the proposal is two fields for two fields. Now suddenly Councilmember Petso wants to deny the proposal based on information in the record regarding future proposals. She asked whether the Council should separately discuss the 3-4 issues Councilmember Petso raised such as traffic and parking. Councilmember Petso wants to deny based on things she has read; however she (Councilmember Buckshnis) has read things different. Mr. Taraday responded the Council can continue to debate the merits of the proposal and the issues Councilmember Petso raised or vote on the motion. Councilmember Mesaros referred to Councilmember Petso's comments about vehicle traffic and that there would be 60-90 vehicle for every event, noting events other than sports occur on the property such as evening events at the theater. Even if there is not a sporting event, he assumed there would be more than 60 vehicles for a theater event, maybe as many as 90-120. He assumed most of the sporting events would occur in better weather. He had great faith in the Parks Department to schedule events appropriately. He was more concerned about the amount of traffic events at the theater generate than traffic created by sporting events. Councilmember Bloom expressed support for the motion. The reasons she supports denial are based on several of the issues relayed by Councilmember Petso as well as others. One of the things that must be determined is that the proposal is not detrimental, that the use as approved or conditionally approved will not be significantly detrimental to the public health, safety and welfare and to nearby property and improvements unless the use is a public necessity. She referred to the Determination of Non -Significance (DNS), acknowledging the Council could not rule on that or deny it. The School District's determination that there was no significance to any of the environmental issues resulted in ignoring significant environmental issues including the fish and wildlife habitat conservation area on the property, air quality as a result of a significant increase in traffic of approximately 300 cars regularly accessing the fields, and the elimination of acres of open space that are currently accessible to residents of all ages and abilities. The second reason Councilmember Bloom supported denial was as Councilmember Petso stated, the Comprehensive Plan adopted February 2014 says the community will be involved in design development. Last week staff acknowledged the only design review of this project was by ADB which consists of seven members which she did not consider community involvement in the design review process. The third reason she supported denial was the parking has been found to be adequate by the City but in her opinion in this instance the issues of traffic and parking go hand in hand. Traffic in area is a serious concern, especially with the recent approval of the Westgate development plan. Delaying a traffic study until after the project is approved is simply not reasonable. She summarized these fields were in a location that would be detrimental to the community and there were other sites in the community that could much better accommodate this project. She strongly supported the motion to deny. Edmonds City Council Approved Minutes May 5, 2015 Page 15 Councilmember Petso clarified she included only two issues in her motion, denial on the basis of, 1) the traffic impact, and 2) failure to comply with Comprehensive Plan. She explained these are fairly simple, there is no traffic analysis other than it will have a negative impact. The evaluation was not how one ballgame compares to a concert at the facility; it is of the additional impact of the increased number of ball fields and increased intensity of use to the existing traffic already at the facility. There is typically a fairly cursory evaluation for up to 25 trips; when there is more than 25 such as in this proposal on a per game basis as well as per project basis, a much more extensive evaluation is typically done that includes traffic analysis, access safety, level of service at nearby intersection and can even include a traffic distribution analysis by the city engineer if he deems fit. None of that was done in this case. In addition, there was no community involvement in design development that would ensure compliance with the Comprehensive Plan. Unless Councilmembers could find a traffic analysis and community involvement in design development, she requested they support her motion. Councilmember Buckshnis asked whether the ADB holds public hearings. Mr. Taraday responded in this case the public hearing on the design review application was held before the Hearing Examiner. The ADB considered design review at a public meeting but the actual open record hearing on the design review application was held before the Hearing Examiner where any member of the public could have participated. Councilmember Buckshnis concluded if the Hearing Examiner had a public hearing, the community had the potential to be involved. Mr. Taraday answered the public was involved at the Hearing Examiner's hearing. Council President Fraley-Monillas asked whether the Hearing Examiner had considered these fields in the past. Mr. Clugston answered not that he was aware of. Council President Fraley-Monillas asked whether the existing two fields were currently used for soccer matches, football games, and track activities. Mr. Clugston answered yes. Council President Fraley-Monillas asked whether the parking lot served as the overflow for hundreds of cars for events such as Arts Festival or the Taste of Edmonds. Mr. Clugston said he was not certain that was in the record but believed it was true. Knowing that activity already occurs, Council President Fraley-Monillas was comfortable with two fields. She agreed with Councilmember Petso's point that a traffic study may need to be done if the number of fields was increased to four. She asked what assurance the Council had that traffic and parking would be evaluated if the number of fields doubled. Mr. Taraday said the Council could add a condition; a condition was not previously included because staff felt the record was clear it was two fields replacing two fields. If the Council does not feel the record is clear, Council can condition it to say this use is limited to two fields until a subsequent permit application comes forward. Mr. Clugston assured additional land use permitting would be required at that time and with those permits additional information would likely be needed. In this case, because it is a two field for two field replacement, it did not meet the level of significance. He referred to page 5 of the Hearing Examiner discussion where he states approval of the bleachers and ball control fields [fencing] could result in increased use of the fields without the lights but the record does not suggest that this increase would be significant. Mr. Clugston said additional fields and additional traffic would result in additional studies. Council President Fraley-Monillas wanted a guarantee it would be done if two more fields were proposed. Mr. Clugston assured that would be considered. The Hearing Examiner found the site contains enough parking for the current proposal. Adding two additional fields would likely exceed the existing parking and would be something the School District would have to address. Likewise if field lighting was proposed later, the Hearing Examiner indicated in this decision that the lights could have an impact on traffic so that addition would likely require a traffic study be done up front. Edmonds City Council Approved Minutes May 5, 2015 Page 16 Council President Fraley-Monillas said she was only aware of the area since the mid `70s and the two lane entrance/exit existed at that time. She asked if there was another access/exit when the site was used as a high school where hundreds of kids drove to/from school every day. Mr. Clugston answered the existing access has existed for the duration of time it has been a school. He was unsure when the gated drive at 102"d Avenue North had been used or was closed off. He was certain it was used at some point when the site was a high school. Councilmember Petso commented the code requires the Council when considering a CUP to review the traffic impacts. It does not say the Council can ignore the traffic impacts and talk about it in a later phase, it doesn't say traffic impacts can be determined at the building permit stage. In some court settings this would be remanded for a traffic study and then come back to the Council. She asked whether the Council had the option to remand for a traffic study. She did not make the motion initially because she was uncertain to whom it would remanded. Mr. Taraday explained what he and Mr. Clugston are saying is that it was the Hearing Examiner's finding that when two fields are replaced with two fields, even if the substance of the field surface is changed, it did not create a significant impact to traffic. The Hearing Examiner did not deem a traffic study was necessary to demonstrate that because it is a status quo situation. Councilmember Petso did not recall the Hearing Examiner finding it was like for like; she recalled Mr. Clugston saying last week that he thought it was like for like. She did not agree with the assertion; one baseball backstop is being replaced with a proposal for two baseball backstops. She did not care that there was also a football field there. To the question whether there was public involvement in the design review, Mr. Clugston explained the ADB reviewed the project and provided a recommendation to the Hearing Examiner; that is how the process works for projects like this. Sometimes the ADB will hold a public hearing; in this case because the permits were joined together, the ADB provided a recommendation to the Hearing Examiner. Stewart Mhyre, Director of Business Operations for Edmonds School District, providing context for the school and project, indicating the proposal was first developed in 2005 and was the product of various community groups. While there may not have been additional design work since the PROS Plan was amended in February 2014, there has clearly been design and public input on the project for at least 10 years. With regard to Councilmember Petso question regarding remand, Mr. Taraday read from ECDC 20.07.005.H, "Upon written agreement by the applicant to waive the requirement for a decision within the time periods set forth in RCW 36.70B.080, as allowed by RCW 36.70B.080(3), the city council may remand the decision with instructions to the hearing body for additional information." Councilmember Petso relayed her understanding if the issue were only traffic, the Council could remand. However, because there has not been community involvement in design development since the date the provision for community involvement in the design development was adopted, she asked whether there was any point in doing a remand. Mr. Taraday responded reasonable minds can differ over the meaning of that language. One possible way of reading that is the City's design review permit satisfies that criterion in the Comprehensive Plan. He acknowledged that Councilmember Petso did not see it that way but he was not certain that her interpretation was correct and his was incorrect. Councilmember Petso recalled last week it was suggested the ADB review might have been community involvement in design development. It has been suggested tonight that the meeting before the Hearing Examiner might have been community involvement in design development. She noted one of the design items was not in front of the Hearing Examiner. Edmonds City Council Approved Minutes May 5, 2015 Page 17 Councilmember Petso commented there was no point in adopting a Comprehensive Plan that states in a foregoing and affirmative manner that the City will involve the community in design development if that would not actually be done. Mr. Taraday said an entirely plausible interpretation of that language is that the City's design review application process is involving the community in design development. Councilmember Petso suggested the public may have had design issues that the Hearing Examiner told them they could not talk about and they were almost told tonight that they could not talk to the Council about it. She felt the City had not involved the community in design development. Councilmember Johnson read from the Hearing Examiner's Findings of Fact regarding traffic (5A), "Approval of the bleachers and ball control fields could result in increased use of the fields without the field lights, but the record does not suggest that this increase would be significant." She also read, "The field reconfiguration is not the subject of these applications. Consequently the impacts of the bleachers and fencing has to be considered in terms of how much traffic they would generate in addition to the traffic generated by the ball field configuration. That amount of traffic is more likely than not negligible." She concluded the Hearing Examiner did address traffic. Council President Fraley-Monillas asked whether the record states whether the School District had any public meetings regarding this design. Mr. Clugston was not aware of anything in the record regarding that. Councilmember Bloom agreed with Councilmember Petso that community involvement was not traditionally considered to be ADB review. Community involvement is what Ms. Hite is doing regarding Marina Beach Park where there is a committee, multiple meetings are held, and emails are submitted in advance of a public hearing regarding the design. She said there is no question that no community process occurred in relation to these fields. She found parsing the words disrespectful to the community; no one would interpret ADB review as a community process. Mr. Taraday clarified his point in mentioning that plausible reading was to give the Council the ability to determine what the Comprehensive Plan means; it was not for him to say. Councilmember Petso has offered one plausible way of looking at it and he has offered another plausible way and it is for the Council to determine what it means. Councilmember Bloom said there is only one way and it is what has been done on other projects and that was not done for this project. Councilmember Buckshnis commented the Council is only supposed to opine on bleachers and ball control fencing. In her opinion the community was involved. She asked whether the Hearing Examiner knew what the field surface would be when he considered this. Mr. Clugston answered the Hearing Examiner did know the surface but said that was not something he could discuss. Councilmember Buckshnis asked why the Hearing Examiner could not discuss that. Mr. Taraday answered it was largely because the City does not require a permit for a particular field substance; the code basically says a field is a field is a field. COUNCILMEMBER MESAROS CALLED FOR THE QUESTION. COUNCILMEMBER BUCKSHNIS SECONDED THE CALL FOR THE QUESTION. CALL FOR THE QUESTION CARRIED UNANIMOUSLY. Councilmember Petso paraphrased her motion: TO DENY THE PROPOSAL BECAUSE THERE WAS NO INFORMATION ON TRAFFIC AND NO COMPREHENSIVE PLAN COMPLIANCE. MOTION FAILED (2-5), COUNCILMEMBERS PETSO AND BLOOM VOTING YES. Councilmember Buckshnis referred to the statement that the SEPA determination could have been disputed within 14 day period and asked how the City could have known to dispute it within 14 days Edmonds City Council Approved Minutes May 5, 2015 Page 18 when the City was not the lead agency. Mr. Taraday clarified the School District is the lead agency. Within the 14 day time period, the City's SEPA Official could have attempted to assert lead agency status. Mr. Clugston advised Rob Chave is the City's SEPA Official. Mr. Taraday said that did not happen and the School District remains the lead agency. Councilmember Buckshnis asked if there was a reason for the City to dispute it. Mr. Taraday presumed in the opinion of SEPA Official there was not because he did not do so. Councilmember Buckshnis concluded the Council had no control over that. Mr. Taraday agreed as the City Council is not the SEPA Official. Councilmember Johnson referred to Councilmember Petso's question regarding consistency with the Comprehensive Plan with regard to community involvement in design development. She asked whether that could be stated as a condition moving forward, that the community be involved in design development of the fields. Mr. Taraday said the Council could adopt that as a condition. Councilmember Johnson referred to Condition 3 and suggested the location of the double gate be made clearer in the plans. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER NELSON, TO ADD A CONDITION #12 TO INVOLVE THE COMMUNITY IN DESIGN DEVELOPMENT OF THE FORMER WOODWAY HIGH SCHOOL SITE AS A REGIONAL SPORTS AND RECREATION ASSET. Council President Fraley-Monillas asked whether the design had already been adopted. Mr. Clugston answered yes, the ADB recommended approval of project design and found it in keeping with the Comprehensive Plan and the Hearing Examiner agreed with that. Council President Fraley-Monillas asked what passing this motion would mean. Mr. Taraday answered it was somewhat problematic in that it also causes one to wonder how to interpret that Comprehensive Plan language. Because the City is not the applicant and not in control of the project, it is somewhat presumptuous to say involve the community. Council President Fraley-Monillas said for that reason she would not support the motion although the idea as good. She was concerned with backing up and taking over someone else's project. Councilmember Petso did not see it as taking over someone else's project because it was required in order to grant the requested permits and a variance and a CUP requires compliance with the Comprehensive Plan. Ms. Hite reiterated information in the record from Mr. Mhyre about community involvement in the design of the project dating back to 2007. There were two School District meetings in March 2015 that involved the community and based on the feedback from the community, the School District pulled the lighting design because the community was not supportive of it. She also stated in the record that the City will work with the community on the scheduling and use of the fields. Councilmember Petso asked for the pages in record where there was reference to these meetings. Mr. Clugston referred to the summary of testimony from the Hearing Examiner that was included with the April 28, 2015; the testimony from Mr. Mhyre on page 3 includes how the high school has been used since 1989, development of proposal in 2005 with various input, School District community meetings on March 16 and 17 and citizens input to the School Board on March 24. An audience member asked about objecting to information provided. Mr. Taraday explained City staff is a resource to Council to help them make an informed decision. Because the record has been closed, the Council cannot talk to the applicant, proponents or opponents. He summarized the rules do not allow the hearing to go on forever; it needs to be brought to a close. Councilmember Petso asked if there was any information in the record regarding the character of the meetings, noting they obviously occurred after the SEPA determination and the design. Mr. Clugston said the information he stated is what is in record. Edmonds City Council Approved Minutes May 5, 2015 Page 19 UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS BLOOM, JOHNSON, NELSON AND PETSO VOTING YES; AND COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBERS BUCKSHNIS AND MESAROS VOTING NO. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, THAT THE DOCUMENT AS NOW SUBMITTED WITH THE AMENDMENT BE MOVED FORWARD FOR APPROVAL BY THE COUNCIL. Councilmember Petso reminded there is still no traffic analysis other than the fact that each game will generate a negative impact of 60-90 trips per field. Mr. Taraday suggested the text of condition be, "The City of Edmonds shall continue to involve the community in design development." Councilmember Johnson said she took the language from the Hearing Examiner's statement after the Comprehensive Plan. She asked for an opportunity to locate the language. Mayor Earling declared a brief recess. Mr. Clugston said during the break Councilmember Johnson identified the sentence in the Comprehensive Plan, "Involve the community in design development." Councilmember Petso did not recall that "continue to" was in the motion. She preferred the condition state, "The City of Edmonds shall involve the community in design development." Councilmember Bloom agreed. Council President Fraley-Monillas referred to language in the Hearing Examiner's decision, "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 and serving a growing community. Involve the community in design development." She read that as a continuation of what has already been done. Councilmember Johnson said her motion was simply to involve the community in design development from this day forward. Council President Fraley-Monillas relayed her understanding of Councilmember Johnson's comment that there would be some level of community involvement in the design of anything done in the next round or area. Councilmember Johnson clarified it was simply in response to a concern and stating it in a way so that the community is involved. One of conditions is to involve the community in design development. Councilmember Buckshnis questions how this could move forward. Mr. Taraday responded that is why when he translated the motion into a condition he added "continue to." If one subscribed to the notion that design review is part of the public process, the phrase "continue to" gives some legitimacy to the design review application as being part of that process. As far as what can be done going forward, there are other decisions that the City may have influence over. Because the turf issue is not before the Council, he was uncertain whether that decision has been made, could be reconsidered or was a decision the Council could potentially influence through an alternate proceeding. It could be as simple as the location of the bleachers. There are a lot of things that could be considered involvement in design development. The addition of "continue to" reflects the interpretation of how the design review process fits into that and whether that is part of involving the community in design development. Councilmember Petso reiterated "continue to" was not part of the motion so she did not want that language included. If the condition is intended to represent the intent of the four Councilmembers who voted in favor of the motion, it should not include that phrase. Edmonds City Council Approved Minutes May 5, 2015 Page 20 Councilmember Mesaros asked the other three Councilmembers who voted in favor of the motion whether they agreed with Councilmember Petso. Councilmember Bloom answered yes. Councilmember Johnson referred to the restatement of her motion, but offered some deference to the City Attorney. Councilmember Nelson concurred with Councilmember Johnson. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND CONDITION #12 TO INCLUDE "CONTINUE TO." MOTION CARRIED (5-2) COUNCILMEMBERS PETSO AND BLOOM VOTING NO. COUNCILMEMBER PETSO MOVED TO RECONSIDER CONDITION #12. Councilmember Petso explained she would not have voted in favor of the motion had she known "continue to" would be part of the condition which would have caused the motion to fail. Councilmember Mesaros raised a point of order, explaining the amendment to Condition #12 was a different motion than the one Councilmember Petso voted in favor of. Mr. Taraday said the motion Councilmember Petso voted in favor of is no longer Condition #12 as Condition #12 has since been replaced with the motion that passed 5-2. Further, Councilmember Petso was not in the majority on the 5- 2 motion and therefore cannot move to reconsider it. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO APPROVE THE PROPOSED FINDINGS AS AMENDED. Councilmember Petso said she will vote against the motion due to the failure to review traffic impacts. Councilmember Bloom said she will vote against the motion for the reasons she previously stated. MOTION CARRIED (5-2), COUNCILMEMBERS BLOOM AND PETSO VOTING NO. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO EXTEND THE METING TO 10:15 P.M. MOTION CARRIED UNANIMOUSLY. 11. DISCUSSION AND POTENTIAL ACTION ON AN ORDINANCE AMENDING THE 2015 BUDGET Finance Director Scott James said this is the third Council meeting where this has been discussed including a lengthy discussion at the last Council meeting. He provided an overview of the first quarter budget amendment: 14 decision packages o 2 decision packages have previously been discussed by Council o 12 new decision packages $248,645 in new revenues to pay toward $766,701 in new expenditures. He displayed and reviewed the Change in Fund Balance Summary, advising the net change in ending fund balance was a decrease of $518,000. Councilmember Petso recalled when the Council previously discussed this, Mr. James indicated he had changed the ending fund balance for the BEET fund. She asked whether that was due to additional revenues or to a planned property acquisition that did not occur. Mr. James clarified he did not just change the ending fund balance; when the budget was prepared, it is based on estimates. When the year closed, actual balances included extra dollars that were greater than estimated. Edmonds City Council Approved Minutes May 5, 2015 Page 21 Councilmember Petso asked whether the extra dollars were a result of higher than expected BEET revenue, which she did not recall, a planned property acquisition that did not go through or something else. Mr. James said it was a combination of things; REET revenue was approximately $31,000 higher than estimated, investment interest was $1500 higher than estimated, and under expenditures including a miscellaneous expenditure that was budgeted at $200,000 of which only $2500 was spent and a construction projects budgeted $521,000 of which only $48,000 was spent. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY JOHNSON TO APPROVE ORDINANCE 3998, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3991 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS. COUNCILMEMBER PETSO MOVED TO AMEND, SECONDED BY COUNCILMEMBER BLOOM, TO APPROVE THIS WITHOUT THE $260,000 TAKEN FROM THE REET 126 FUND. Councilmember Mesaros commented back when the 2015 budget was approved by the Council, he was one of the Councilmembers who voted to take the $260,000 out of budget and set it aside for potential land purchases. As he got more information, he realized the transfer of those funds was needed in this budget amendment to provide funds for street repairs and the matching funds for the $260,000. He will change his vote in the 2015 budget process and vote against this amendment so that those funds can be included in the budget amendment. Councilmember Petso commented in December the Council discussed the need to retain funds for property acquisition, not merely for parks but for critical areas, perhaps parking lots in or near downtown, perhaps for view preservation, or perhaps for buildings for the provision of City services. The current method is a property acquisition opportunity arises but is not given serious consideration due to lack of funds. She did not feel that was a sensible way to run the City unless the Council felt the City was as good as they could make it and the City had everything it needed. The alternative proposed is to "pave all our roads to perfection and then fix all our buildings to perfection and then maybe we can talk about allocating some money to the acquisition of additional community assets." She did not think that worked either. Whether the amendment passed or not, she suggested Council get serious about having a policy regarding the set aside for opportunity acquisitions, not just for parks but for critical areas and any other property acquisition opportunity that the City may face and find to be consistent with the Comprehensive Plan because ensuring there is no money ever for property acquisitions is not a good policy. Council President Fraley-Monillas agreed with Councilmember Petso regarding long term planning. She acknowledged the City had some very difficult financial times a few years ago but should be looking at the long term needs. She relayed these funds are a carryover that was not spent in 2014. Mr. James said it could be called that; it was budgeted in 2014 but was not spent in 2014 but would be spent in 2015. Council President Fraley-Monillas asked if the $260,000 was taken out of the REET fund in 2014 to be used for something other than parks, park acquisition or park maintenance. Public Works Director Phil Williams said the 2014 budget included $1.2 million for street preservation; staff indicated their desire to reserve $260,000 of that for the following year to match a $780,000 federal grant to pave 220th from 76th to 84th. When the carryover was denied in the 2015 budget to not show those revenues from the 126 Fund REET 1, the $1.3 million the Council approved for street preservation essentially was reduced by $260,000 but the match was needed for the grant unless the Council did not to pursue the paving project on 220th. Staff hoped not to take the $260,000 from the $1.3 million as there are projects planned for 2015 that could not be done if those funds were not available. Edmonds City Council Approved Minutes May 5, 2015 Page 22 Councilmember Bloom pointed out the Council voted in 2014 to remove the $260,000 from the budget and leave in the 126 Fund; now the Council is being asked to reserve that decision. She acknowledged Councilmember Mesaros has been convinced that he will reverse his decision but she found it concerning to reverse a previous Council decision for a large amount from a fund that is allocated for property acquisition. Councilmember Buckshnis said many Councilmembers do long term planning and budgeting. She recognized budgeting is a very fluid process which is the reason there are budget amendments. As a relative new Councilmember, Councilmember Mesaros has learned that the City has not paved its streets for years. She assured Councilmember Petso the City's streets would not be paved to perfection; they are being paved because they have not been paved for years. Although she would love to have more than 41 parks and to purchase critical areas, money doesn't grow on trees and this is an important project that was part of 2014 budget and a carryover in the 2015 budget. AMENDMENT FAILED (2-5), COUNCILMEMBERS PETSO AND BLOOM VOTING YES. MOTION CARRIED (6-1), COUNCILMEMBER BLOOM VOTING NO. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO EXTEND THE MEETING UNTIL 10:30 P.M. MOTION CARRIED (5-2), COUNCILMEMBERS BLOOM AND JOHNSON VOTING NO. It was the consensus of the Council to postpone items 14 and 15. 13. APPROVAL OF MANDATORY RIGHT OF WAY DEDICATION FOR VEHRS SHORT PLAT City Engineer Rob English explained this 3-lot plat is located at the southwest corner of 6th Avenue and Forsyth lane. The official street map indicates a 60-foot wide right-of-way on 6tb Avenue S; the existing street right-of-way is 55 feet. Per 18.50 a street dedication of 5 feet on 6"' Avenue South is required from this property. Councilmember Petso asked for assurance the Council was not being asked to authorize anything else in conjunction with the short plat. Mr. English agreed, explaining when the short plat is approved the dedication will be provided. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO APPROVE THE RIGHT-OF-WAY DEDICATION FOR THE VEHRS SHORT PLAT. MOTION CARRIED UNANIMOUSLY. 12. DRAFT STREETSCAPE/STREET TREES ELEMENT FOR 2015 COMPREHENSIVE PLAN UPDATE It was the consensus of the Council to postpone this item to a future meeting. 14. DISCUSSION AND POTENTIAL ACTION REGARDING DRAFT CODE OF ETHICS, ATTACHMENT 16. REVIEW OF OPTIONS A,B,C AND D This item was postponed to a future meeting. 16. MAYOR'S COMMENTS - None 17. COUNCIL COMMENTS Edmonds City Council Approved Minutes May 5, 2015 Page 23 Councilmember Mesaros referred to the closed record review, noting the Council was asked make judgment on a narrow portion of the activities at the old Woodway High School. Mr. Taraday expressed his preference that Councilmembers not comment on the decision made tonight. Councilmember Mesaros said his comment was not about the Council's decision but regarding the bigger picture. He shared some of the community's concerns and looked forward to City staff, the School District and Verdant responding to some of those concerns. Councilmember Petso suggested the Council take action on Item 15 tonight. 15. APPROVAL OF SETTLEMENT AGREEMENT WITH NEW CINGULAR WIRELESS City Attorney Jeff Taraday explained this is proposed settlement of a lawsuit. New Cingular Wireless sued the City seeking a refund of taxes it had mistakenly paid related to data services it provides customers. Further explanation is contained in the agenda memo. This is part of a global settlement involving 30-35 cities. All the cities involved essentially settled for 18 cents on the dollar. The packet contains two different versions of the settlement, one contemplates a check will be written and another that a tax credit will be given; both are for the same amount, approximately $18,000. Finance Director Scott James prefers the check version for audit trail purposes. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO APPROVE THE SETTLEMENT AGREEMENT WITH NEW CINGULAR WIRELESS IN ATTACHMENT #1 (CHECK VERSION). MOTION CARRIED UNANIMOUSLY. 17. COUNCIL COMMENTS (CON'T Councilmember Buckshnis reminded of the second Marina Beach Master Plan open house tomorrow at the Edmonds Library Plaza Room from 6:00 to 7:30 p.m. Councilmember Nelson looked forward attending the Marina Beach Master Plan open house. Councilmember Johnson announced a land use boot camp on Friday sponsored by the Washington Planning Association at the Sammamish City Hall. Council President Fraley-Monillas apologized Council Reports on Committees was not on last week's agenda; she will work with the City Clerk to schedule those on the last Tuesday of the month. She also apologize that tonight's meeting exceeded the estimated time; she will meet with Mr. Passey to reschedule items. 18. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. Edmonds City Council Approved Minutes May 5, 2015 Page 24 19. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 20. ADJOURN With no further business, the Council meeting was adjourned at 10:24 p.m. A IL3 O. EA LING, MAYOR S PAS , I LRK Edmonds City Council Approved Minutes May 5, 2015 Page 25 1 AGENDA EDMONDS CITY COUNCIL Council Chambers — Public Safety Complex 250 5th Avenue North, Edmonds SPECIAL MEETING MAY 5, 2015 6:45 P.M. - CALL TO ORDER 1. (15 Minutes) Meet with. Historic Preservation candidate Dave Teitzel for appointment to the HPC. AM-7674 BUSINESS MEETING MAY 5, 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-7676 Approval of draft City Council Meeting Minutes of April 28, 2015. B. AM-7684 Approval of claim checks #213993 through 4214104 dated April 30, 2015 for $451,516.99. Approval of payroll check #61590 dated April 29, 2015 for $616.62. C. AM-7672 Acknowledge receipt of a Claim for Damages from Ryan Speer ($200.00). D. AM-7678 February 2015 Budgetary Financial Report E. AM-7675 Confirmation of Dave Teitzel's appointment to the Historic Preservation Commission. 5. 11 7. 8. 9. 10. 11. 12. 13. 14. 15. F. AM-7679 Authorization for Mayor to sign easement documents from the 7500 Building for the 76th Ave/212th Street Intersection Improvements Project G. AM-7680 Authorization for Mayor to sign easement documents from Dairy Queen for the 76th Ave/212th Street Intersection Improvements Project H. AM-7682 Award of the 228th St. SW Corridor Improvements Project I. AM-7683 Authorization for Mayor to sign a Professional Services Agreement with Tetra Tech for the Lift Station #1 Basin and Plow Study J. AM-7689 Report on bids opened April 30, 2015 for the 2015 Sanitary Sewer Replacement Project and award of contract to Buno Construction, LLC K. AM-7687 Approval of 2015 Revenue Bond Ordinance. (5 Minutes) Proclamation declaring May "Puget Sound Starts Here Month" AM-7619 (5 Minutes) Community Service Announcement: Memorial Day Ceremony AM-7677 Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings (20 Minutes) Public Hearing for 4th Avenue Cultural Corridor Interim Public Art Project AM-7667 (20 Minutes) Public Hearing on a proposed Ordinance authorizing the acquisition by negotiation or AM-7681 condemnation of real property interests for the 76th Ave/212th Street Intersection Improvements project. (10 Minutes) Approval of Findings, Conclusions, and Decision regarding Hearing Examiner AM-7685 recommendation on proposed field improvements at Former Woodway High School. (20 Minutes) Discussion and Potential Action on an Ordinance Amending the 2015 Budget AM-7686 (20 Minutes) Draft Streetscape/Street Trees Element for 2015 Comprehensive Plan Update AM-7688 (10 Minutes) Approval of Mandatory Right of Way Dedication for Vehrs Short Plat AM-7690 (45 Minutes) Discussion and potential action regarding draft code of ethics, Attachment 16. Review AM-7658 of Options A,B,C and D. (5 Minutes) Approval of Settlement Agreement with New Cingular Wireless AM-7691 16. (5 Minutes) Mayor's Comments