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PPW111219PARKS & PUBLIC WORKS COMMITTEE MEETING November 12, 2019 Elected Officials Present Councilmember Kristiana Johnson (Chair) Councilmember Dave Teitzel Mayor Dave Earling (part of meeting) Staff Present Phil Williams, Public Works Director Rob English, City Engineer Shannon Burley, Deputy Parks & Recreation Dir. Jeff Taraday, City Attorney Jeannie Dines, Recorder The meeting was called to order at 6:00 p.m. in Council Chambers. Amendment #3 to Herrera Professional Services Agreement -Waterfront Redevelopment Ms. Burley explained this is the third amendment to the existing contract to change the scope of work for two items, 1) additional fish forage surveys due to the extension of the fish window, and 2) continued support from Herrera with regard to litigation including prep time and appearance and testimony at trial. This is a scope of work change; no additional funding is requested. Questions and discussion followed regarding there being no change in the cost, Exhibit A scope of work referencing the walkway connector on the beach in front of the Ebbtide Condominium, the 2020 fish window (July -October), and project elements that resulted in cost savings (reduction in landscaping, boulders, and decorative paving around building). Staff was asked to determine and provide committee members the cost to retain the decorative paving around the building. Action: Schedule on Consent Agenda 2. Walker Macy Addendum for Civic Field Design Contract Ms. Burley reported exploration of Yost Park as an opportunity to exchange water mitigation credits for the Civic Park project, capturing water off the Yost Park parking lot and directing it to bio retention facilities near the parking lot and behind the pool, has been very favorable. This has the potential for huge cost savings with regard to mitigating the water at Civic and would allow consideration of alternates in the current plan. This would be a scope of work change and no additional cost. A feasibility study at Yost found sand in the soil; this contract would allow Walker Macy to add Yost to the existing scope of work. A complete update on Civic Park is scheduled to be presented to Council on December 10tn Questions and discussion followed regarding concern with managing onsite stormwater at Civic Field, difficulty with detention at Civic due to shallow ground water, onsite stormwater collection planned at Civic in connection with mitigation credits at Yost, percentage of stormwater that can be captured at Yost, raising the grade of Civic to mitigate for stormwater, how infiltrating water at Yost will improve conditions at Civic, limited peat on the Civic Park site, whether the water feature could be incorporated with groundwater retention/detention, and swales areas that are planned within the park. Action: Schedule on Consent Agenda 3. Community Health Center (CHC) Pedestrian Easement 11/12/19 PPW Committee Minutes, Page 2 Mr. English explained an addition to a development project on Hwy 99 built 3-4 years ago requires construction of 7-foot sidewalks along the property frontage as well as street trees in tree grates. To provide all the required frontage improvements, portions of the sidewalk will encroach onto private property which requires a 3-foot public pedestrian easement be provided to the City along the Hwy 99 frontage. Action: Schedule on Consent Agenda 4. Transfer of Cable Franchise from Frontier Communications to WAVE Broadband Mr. Taraday referred to materials in packet drafted by Mike Bradley, an attorney at Lighthouse familiar with federal cable and telecommunications law. He explained the City has two cable providers, Comcast and Frontier. Due to the City's franchise agreement, transfer of a cable franchise requires the City's consent; however, the City does not have broad discretion in granting consent. Mr. Bradley has been in contact with Frontier and Northwest Fiber, and prepared a resolution to formally grant that consent. Mr. Taraday relayed issues raised with regard to this cable transition include whether Frontier was in compliance with buildout requirements of the cable franchise. Frontier has submitted a "Confirmation of Compliance with 'Provision of Cable Service' Provisions in the Frontier Northwest Cable Franchise Agreement." Transfer of the franchise to Northwest Fiber does not change the rights under franchise agreement. Another issue raised is Frontier not carrying the local CBS station, KIRO. KIRO and Frontier must reach a retransmission consent agreement (at a cost to Frontier) and the failure to reach an agreement is a contact issue between the parties in which the City may not interfere or use as basis for refusing to provide consent to transfer. The City has required Northwest Fiber to guarantee performance of the cable franchise. Rates will not increase as a result of the transfer. Northwest Fiber has agreed to pay for the City's costs in reviewing the proposed transfer. Questions and discussion included the franchisee's responsibility for all provisions of the franchise including Frontier's buildout requirements, whether the City has verified Frontier is in compliance with regard to buildout, misrepresentation providing the City grounds to avoid consent, how issues with buildout would come to the City's attention, and buildout requirements. Staff to research and provide the relationship between Northwest Fiber and WAVE. Action: Schedule for action at full Council 5. Presentation of a Supplemental Agreement KPG for the Citywide Pedestrian Crossing Enhancements Protect Mr. English advised this is a no cost supplement to extend the completion date of the KPG contract from December 31, 2019 to December 31, 2020. Construction is scheduled to be completed by late 2020. Action: Schedule on Consent Agenda 6. Presentation of a Supplemental Agreement with WHPacific, Inc. for the 84th Ave Overlay Project Mr. English explained the duration of the project has been extended due to extra work and weather days. The consultant's budget provided inspection services for 40 working days and more time has been needed based on the contractor's progress and the authorized extra work. The concrete work will be completed in the next couple week. The project will be suspended for the winter and the grind and overlay done in the spring. The proposed fee for the supplemental agreement is $7,487 which will be paid by the project funds. 11/12/19 PPW Committee Minutes, Page 3 Mr. English responded to questions about the cost to over -winter the project and citizens' concern about bike lanes eliminating parking spaces. Action: Schedule on Consent Agenda 7. Presentation of the Water Quality Stormwater Capacity Grant from the Dept. of Ecology Mr. English explained the Department of Ecology offers a grant to help local jurisdictions meet the requirements of their NPDES permit. The grant value offered this year, consistent with previous cycles, is $50,000 and has been offered on a 2-year cycle by Ecology since the initiation of the NPDES program. Eligible expenses are identified in the grant agreement. Action: Schedule for full Council 8. Miscellaneous Updates Mr. Williams reported a presentation to Council and recommendation regarding utility rates is scheduled on November 19th. The Finance Committee recommended bonding separately for the pyrolysis project, the Lake Ballinger Sewer replacement project and Pump Station 1 on Sunset Ave. Mr. Williams reported Recycling Coordinator Steve Fisher is leaving the City at the end of 2019 after 27 years. He described past and current funding used for that position; the City will only receive $13,500/year from Local Solid Waste Finance Assistance and Lynnwood is no longer interested in partnering on the position. The cost of the position is approximately $120,000 including salary, benefits and materials. When there was not enough to fund the position in the past it was funded by the Water Fund but there is not a good nexus. Staff is discussing whether to fill the position. Mr. Williams reported the 30-year WWTP Agreement that establishes the partnership between Edmonds, Mountlake Terrace, Olympic View Water & Sewer District and Ronald Sewer/Shoreline that was extended for two years is now ready to be signed and needs to be scheduled on the Council agenda. Discussion followed regarding bonding for the pyrolysis project and future development of Pt. Wells. Councilmember Johnson asked why the 4th Ave Cultural Corridor project was delayed until 2020. Mr. Williams explained the utility work in the alignment is not as extensive as originally thought which leaves a bigger gap in the funding. Ms. Burley said the $50,000 budgeted in 2019 for design has been expended primarily for a site survey related to right-of-way and encroachments. Funds to complete design are programmed in 2020 ($100,000) and 2021 ($200,000). The design will support efforts to obtain funds to construct the project (estimated at $4.5M for the complete project). Discussion followed regarding whether funding was available through the Creative District and considering this project further during the CIP discussion. The meeting was adjourned at 6:57p.m.