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20180918 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES September 18, 2018 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Michael Nelson, Council President Kristiana Johnson, Councilmember Thomas Mesaros, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember CALL TO ORDER/FLAG SALUTE STAFF PRESENT A] Compaan, Police Chief Don Anderson, Assistant Police Chief Jim Lawless, Assistant Police Chief Earl Yamane, Police Corporal Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Scott James, Finance Director Mary Ann Hardie, HR Director Rob English, City Engineer Mike Clugston, Associate Planner Tom Brubaker, City Attorney's Office Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 3. APPROVAL OF AGENDA COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS Council President Nelson requested Item 4.7, Teamsters Collective Bargaining Agreement (1/1/18 - 12/31/20), be removed from the Consent Agenda. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF SEPTEMBER 11, 2018 2. APPROVAL OF COUNCIL MEETING MINUTES OF SEPTEMBER 11, 2018 Edmonds City Council Approved Minutes September 18, 2018 Page 1 3. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS 4. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES TOTALING $8486.75 ($732.00; $7,754.75; AND AMOUNT UNDETERMINED) 5. JULY 2018 MONTHLY FINANCIAL REPORT 6. INTERLOCAL AGREEMENT WITH EDMONDS SCHOOL DISTRICT FOR MEADOWDALE PRESCHOOL 8. AUTHORIZATION FOR MAYOR TO SIGN A LOCAL AGENCY AGREEMENT FOR THE 84TH AVE OVERLAY PROJECT WITH TETRA TECH 9. APPROVE STRIPING PROJECT AT MAIN STREET AND 9TH AVE 5. ITEMS REMOVED FROM CONSENT 1. TEAMSTERS COLLECTIVE BARGAINING AGREEMENT (1/1/18 - 12/31/20) (previously Consent Agenda Item 4.7) Council President Nelson relayed the staff recommendation section was missing from the Council packet. COUNCIL PRESIDENT NELSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE 2018-2020 TEAMSTERS COLLECTIVE BARGAINING AGREEMENT AS INCLUDED IN THE SEPTEMBER 18TH AGENDA PACKET, AUTHORIZING THE MAYOR TO SIGN ALL DOCUMENTS NECESSARY TO EXECUTE THE CONTRACT AND RATIFYING ALL ACTS CONSISTENT WITH THIS MOTION. MOTION CARRIED UNANIMOUSLY. 6. PRESENTATIONS OATH OF OFFICE/SWEARING IN CEREMONY - POLICE CORPORAL EARL M. YAMANE Police Chief Al Compaan commented an oath is an important public recognition of personal achievement and a personal pledge to the highest legal, ethical and professional standards critical to the law enforcement mission. He described Corporal Yamane's background: hired as a lateral officer January 1, 2006 with almost 11 years of police experience acquired with the University of Washington and Honolulu Police Departments. He has bachelor and master's degrees in Sociological and Criminology. While Corporal Yamane prefers to remain out of the spotlight, he has had an impact on the Edmonds community as a member of the Street Crimes Unit, assignments on the Alert Team, Dive Team and Domestic Nuclear Detection Officer Response Team. He has supported Special Olympics via the Polar Plunge, the Law Enforcement Torch Run and Tip a Cop Fundraisers. He has twice received Distinguished Citation of Valor, several letters of commendation and a Red Cross Real Hero Aware. He also serves the department as an armorer, a background investigator, field training officer and peer support counselor as well as one of the faces of the Edmonds Police Department in recruitment videos. He is one of most humble but hardworking police officers he has had the pleasure to work with. Corporal Yamane's wife Reyne and youngest son Evan joined him. Chief Compaan administered the oath to Corporal Yamane. In keeping with the tradition of pinning of the badge at the time of graduation from law enforcement academy and at the time of promotion, Corporal Yamane's wife Reyne pinned his badge. Chief Compaan presented Corporal Yamane a promotion certificate that will hang in shift supervisor's office. Edmonds City Council Approved Minutes September 18, 2018 Page 2 Corporal Yamane thanked everyone in the attendance and looked forward to continuing to serve the community. 7. AUDIENCE COMMENTS Lisa Conley, Edmonds, a Climate Protection Committee member, explained the committee has examined the pros and cons of I-1631 on carbon pricing and she shared excerpts from a letter to the media in support of I-1631 from committee Co -Chair Cynthia Pruitt in support of I-1631 on the November general election ballot. This initiative will reduce air pollution and invest in clean air and water programs. Other countries have successfully enacted carbon pricing systems and had their greenhouse gas emissions drop. The European Union Emissions Trading Scheme saw their emissions drop by 8% over 5 years. I-1631is a practical and affordable next step in ensuring a safe and clean environment in Washington State for our children and grandchildren. She found it consistent with the climate change action plan adopted by Edmonds City Council and with Washington State Clean Air goals. The initiative is needed because while successful in setting ambitious goals, the legislature has been unable to pass legislation to accomplish those goals. A broad spectrum of organizations support I-1631. The opponents criticize the initiative as a regressive tax, but it is a fee rather than a tax as the funds collected will go directly to solving the problem with pollution and the fees is paid by the biggest corporate polluters. The initiative is not perfect but the time for delay is long past. Climate change is the challenge of our generation and it is incumbent on us to heal impacts of years of industrialization so we can pass on to the next generation a world where they can live and flourish. Support for the initiative is one way to commit to reducing greenhouse gasses. She submitted a copy of the letter. Roger Hertrich, Edmonds, commented the Council has done some things recently that bother him such as spending his money to break the law as it relates to guns. He did not understand how the Council could make its own gun laws when it is against the rules and now the City has been sued. He opined the gun storage law would not solve the problem, comparing it to the law prohibiting use of cell phones while driving which many people ignore despite the penalty. He questioned whether the intent was to investigate everyone's home to ensure guns were locked up; pointing out the intent was actually to penalize someone after a tragedy happens which he did not think solved the problem. He preferred money be spent on gun safety education rather than defending an illegal law. He urged the Council to be practical and spend money on positive steps such as advertising, public displays, information, etc., anticipating the City would lose the lawsuit. 8. PUBLIC HEARING 1. PUBLIC HEARING ON THE EDMONDS STREET WATERFRONT CONNECTOR PROJECT Public Works Director Phil Williams introduced Sandy Glover, Project Manager, Parametrix; and the City's Project Manager Ed Sibrel. The Waterfront Connector was last discussed at August 28`" Council meeting where staff committed presenting additional information to address questions and concerns. Mr. Williams reviewed: Purpose and Need o Safe, efficient, and reliable access to the waterfront for police, fire and EMS responders o Strategic Acton Plan calls for establishing a connection to the waterfront o Create a continuous pedestrian walkway along the waterfront o Help pedestrians, bicyclists and emergency responders avoid level conflicts with BNSF rail lines o Emergency ferry off-loading during extended track shutdowns • How Does Rail Traffic Affect Waterfront Access? o Trains block access to the waterfront 80 minutes or more daily, delaying or isolating: Edmonds City Council Approved Minutes September 18, 2018 Page 3 ■ Park visitors (scuba, swimming, fishing pier, dog park) ■ Beach and playground users ■ Port of Edmonds tenants (marina, yacht club) ■ Vehicles and freight on ferries ■ Senior Center users ■ Restaurants, businesses ■ Residents ■ Waterfront events/festival-goers ■ Boaters o Gate Closures at Main Street and Dayton Street crossings: ■ 37.5 closures average per day ■ 80 minutes average per day (5.5% of the day) 2:12 average closure duration (3:54 for unit trains) ■ Of 16 daily sailings, over 10 ferry loadings/off-loadings affected daily o Recent Extended At -Grade Crossing Closures Date Duration Description 05/01/10 Few hours Train — pedestrian fatali 07/25/12 Over 1 hour Disabled train 10/15/12 8 Train — truck collision 12/29/12 8 Train — vehicle collision 09/11/13 45 minutes 2% 11/15/13 4.5 hours Train— pedestrian fatality 11/17/15 3+ hours Saturated railbed closed gates 11/24/15 30 minutes Weather & high water impacts 04/19/16 Several hours Train — pedestrian fatality 04/11/18 Train — vehicle collision 06/16/18 Train — pedestrian fatality o Growing rail traffic, plus 2nd track construction ■ Second track anticipated within the next 2-3 years o Increased frequency of emergency response delays o Greater crossing conflicts and risks for pedestrians, bicyclists o Extended closure risks ■ 50 emergency calls/year to the Waterfront ■ 50 emergency calls/year to Marine Rescue ■ The Fire District has affirmed that there have been delays to responses caused by passing trains o Routine Calls to the Waterfront Call Description # of Calls Percent of Calls Medical/ALS/BLS 199 67% Fire/Smoke/Electrical 21 7% Gas/Hazmat/Flammable 8 3% Water/Surf/Beach Rescue 8 3% Accident/Police Assist 6 2% Service Cal Alarm Only 30 10% Cancelled En Route 23 8% Other 4 1 Total 299 1 100% ■ 299 calls to the waterfront over 5 years + 5 months -> 1.06 calls per week ■ Additional 1 call per week to Marine Rescue boat o Medical Call Breakdown ■ 67% of calls are for medical response Edmonds City Council Approved Minutes September 18, 2018 Page 4 Type of Medical Call # of Calls Percent Medical Assist no EMS) 5 2.5% Advanced Life Support (ALS) 72 36.2% Basic Life Support BLS 122 61.3% Total 199 Total o Fire Call Breakdown ■ 21 calls over 5 years, 5 -month period were fire -related -Type of Fire Calls # of Calls Electrical fire/smoke/heat 6 Brush fire 5 Watercraft fire 4 Unauthorized burning 3 Cooking fire 2 Rail vehicle fire 1 Total 21 *Calls do not include false alarms o Who responds? Responding Station # of Calls # 17 (downtown) 290 #16 190" St SW 7 #20 881 Ave W) 2 Total 299 Ms. Glover reviewed: Edmonds Waterfront At -Grade Crossings Analysis o Held 4 public meetings (in person and on line) attended by over 750 community members o Held 21 Advisory Task Force meetings o Gave 4 City Council briefings o Received 124 written comment cards, emails or surveys with over 450 specific points of feedback o Featured in 42 local media articles Alternative Types & Locations (Total of 51) o Emergency access by foot ■ Midblock overpass ■ Main Street underpass ■ Main Street overpass o Emergency vehicle access * Admiral Way overpass ■ Dayton Street overpass ■ Edmonds Street overpass o Emergency vehicle access and ferry load/offload ■ Edmonds Crossing (minimum build) = Dayton Street new ferry terminal = Main Street ferry overpass (full build) ■ Main Street ferry overpass (minimum build) = Main Street ferry underpass Alternatives Evaluation Summary Table Pros and Cons — Project Samples Criteria Edmonds Admiral Way or Pine Mid -Block Crossing with Waterfront Street Extension On -Site Vehicle Connector Edmonds City Council Approved Minutes September 18, 2018 Page 5 Reliable Emergency Superior emergency Far from fire station No emergency vehicle access. Access access. Proximity to making most calls One vehicle only on west Station 17 - closest (290 out of 299 last 5 side. Difficulty getting patient to waterfront with years). About 1.5 mile to hospital care. Extended majority of calls. circuitous route for response times. Not sufficient Likely be used even emergency vehicles in multiple call response. Not if there are no see as useful by FDI. blockages at railroad crossings Pedestrian & Connects Sunset Pedestrian usage Minimal circulation Bicycle Circulation Ave directly to would be much connectivity and usability beach and reduced due to advantages waterfront location away from downtown Emergency Proximity to WSF Longer way to travel Constrained for number of Evacuation of and beaches. Can for most pedestrians, users at a time. Two elevators Waterfront evacuate vehicles. bikes and ferry users. to negotiate. Obviously no Users/Ferry Users Vehicle can use it. vehicle use. Safe and Efficient Multimodal None. Far from Multimodal connections if Multimodal connections multimodal used. Additional Connection connections inconvenience and location at mid -block severely limits users. Ferry Unloading Possible Possible Not possible for vehicles. Could perhaps be used for ferry walk-on and bicycles associated with passenger trains Environmental For landbridge, park Suspected and Best on environmental but extension on top, confirmed hazardous does NOT address need for new restrooms material, building of full emergency access, high structure is pedestrian/bike circulation nor necessary — need 24' swift evacuation of waterfront clearance over tracks, impacts views on both sides of tracks Cost $29.9M. Strong 20% cost higher than $8 million costs + grant competitor. Waterfront Connector. contingencies, design. Lifetime benefits Requires '/2 of new Property purchase or lease exceed $40M. 90%+ roadway. 10-20' deep required, ongoing operation grant fundable marsh deposits. Not a and maintenance costs for strong grant elevators, additional O&M for competitor due to response vehicles, building cost/benefit. maintenance, etc. Medium grant competitor based on costibenefit. 80%+ cost to be shouldered by City Fit within SAP 41.6 SAP 4a.9 Waterfront SAP 4a.9 Waterfront Community Goals Connecting Trails Connection Connection and SAP 4a.9 Waterfront Connection Edmonds City Council Approved Minutes September 18, 2018 Page 6 Right -of -Way Minimal right -of- Impacts to Port Brackets Landing (south) Needs/Stakeholder way needed. property and property needed. Connection Operations Existing grade operations due to to WSF overhead loading results in minimum landing ramp. View would be beneficial to those viewshed impacts impacts from required WSF users 30+ foot tall vertical structure on both sides of tracks. Right-of- way needed from Port, BNSF and Unocal Mr. Sibel reviewed: ■ Task Force recommendation for Edmonds Street Overpass o Proximity to fire station provides immediate access to waterfront o Provides full-time pedestrians and bicycle connection o Offers capability to offload stranded ferry with proper traffic controls o Lowest cost (out of pocket for City) emergency vehicle access alternative • Waterfront Connector Advanced to Preliminary Design o Council Meetings November 7, and November 15, 2016: ■ Summarized the Alternatives Analysis, public engagement process and public comments ■ Described finalist alternatives, their evaluation, with recommendation of Edmonds Street Overpass (now Waterfront Connector) ■ Recognizing the need for the project, Council unanimously voted to accept the Mayor's recommendation to pursue the Edmonds Street Waterfront Connector and place it on the CIP Ms. Glover reviewed: Waterfront Connector Preliminary Design Outreach 0 2 in-person public meetings attended by over 140 community members 0 4 neighborhood drop-in sessions (mailings to residents on Sunset and Edmonds Streets) 0 2 online open houses visited by over 700 community members 0 3 Mayor's Advisory Committee meetings 0 2 Design Committee meetings 0 2 City Council briefings o Received over 260 comments o Featured in 11 local media articles Waterfront Connector Uses o Emergency access not interruptible by rail traffic o Pedestrian and bicycle pathway to waterfront o Emergency ferry offloading o NOT open to general traffic Evolution of the design o Six initial concepts With input from community and working with design committee, narrowed to two alternatives o Land Bridge ■ Wider at the top to accommodate emergency vehicle turning radius ■ Sweeping are ■ Single lane roadway, 16 feet wide ■ Designed with geometry and strength to accommodate all fire vehicles ■ Pedestrian and bicycle pathway to waterfront ■ Allows emergency vehicles to pass with pedestrians moved to the side Edmonds City Council Approved Minutes September 18, 2018 Page 7 ■ Controlled offloading when ferry users stranded by stalled train, single file with traffic control ■ Land bridge YouTube tour: https:/Iwww.youtube.com/watch?v--hniEKLaaBbM o Promenade • Deck over railroad tracks 1' higher than landbridge ■ Top of throw barrier 3' higher than throw barrier on landbridge ■ Two landing points at bottom, one for vehicles, the other for pedestrians at ADA grades ■ Promenade YouTube tour: https://www.youtube.com/watch?v7s AF1tA Criteria Used to Evaluate Alternatives o Landing Experience o Environment o Visual o Reliable emergency access o Pedestrian user experience o Bicycle user experience o Cost o Neighborhood compatibility Mr. Williams reviewed: • Estimated Total Project Cost Project Elements Actual/Estimated Cost Train Trench Stud 2014 $10,000 At -Grade Crossin2g Analysis 2016 $695,000 Preliminary Design/Environmental 20180 $990,000 Final Design and BNSF Easement $2,145,000 Major Bridge Construction $18,080,000 (includes $4.5M for contingency, risk & unknown design elements Park and Environmental Mitigation $2,600,000 Construction Mgmt & Construction Contingency $2,765,000 Escalation to mid -2021 (construction) $2,600,000 Total $29,885,000 * Proiect Funding Project Partners Amount Year City of Edmonds $100,000 2015 $150,000 2016 BNSF Railway $50,000 2015 $50,00 2016 Community Transit $5,000 2015 $5,000 2016 Port of Edmonds $25,000 2015 $75,000 2016 Sound Transit $10,000 2015 $10,000 2016 Washington State $500,000 2015 $700,000 1 2016 $6,000,000 1 2018 ■ Grant Requests A encs Amount Year FMSIB (State) $460,000 12018 Edmonds City Council Approved Minutes September 18, 2018 Page 8 Bicycle & Ped II (State) $1,000,000 2018 BUILD Federal $18,856,000 2018 INFRA Federal TBD 2019 RCO State TBD 2019 Dept. of Ecology (State) TBD 2019 PSRC (Regional) TBD 2019 Bicycle & Ped II (State) TBD 2019 • Funding Outlook o Overall Project Cost Estimate Current Commitments Value* Washington State $7,200,000 City of Edmonds $265,000 BNSF, Sound Transit, Port of Edmonds, Communi Transit $230,000 Outstanding Funding Applications $0.3M BUILD Grant $18,856,000 FMSIB Grant $460,000 Bicycle & Ped lI Grant $1,000,000 Funding Ga $1,874,000 • Financial Benefits Accrued Category of Benefit Value* Reduced Injury Outcomes (vehicle accidents, train accidents, Waterfront emergency calls, marine rescue) $37.9M Time Savings (freight, passenger vehicles, ferries $4.4M 02erating Cost Savings (freight, passenger vehicles, ferries) $0.7M Emissions saved (freight, passenger vehicles, ferries) $0.3M Increased recreational value (waterfront park improvements and access) $4.OM Increased travel time reliability (ferry travel) $O.1M Avoided train delays durin emer encs responses) $0.1M Total $47.5M** *Present value, 30 years, 7% discount rate (per USDOT methods) Mr. Sibrel reviewed cost cutting questions: Q: If you made the connector smaller so that only an aid unit could use it, would the cost to the City be reduced? A: Not really. Similar width, 16' still required • Landbridge could be narrowed somewhat because of reduced turning radius • Designed per AASHTO standards HL -93 for vehicle loading. Inclusive of all vehicles including fire trucks • Reduction in service to the waterfront if not providing for fire service • Lowered grant participation resulting in increased cost to the City Q: If the connector was redesigned for pedestrian only use, would construction costs be reduced? A: Not by much. • Design requirements for pedestrian loading are comparable to vehicle loading standards. • Reduction in service to the waterfront if not providing for fire protection and medical aid service • Lowered grant participation resulting in increased cost to the City Edmonds City Council Approved Minutes September 18, 2018 Page 9 Q: What are the cost considerations in erecting a pedestrian -only bridge and stationing an aid car on the west side of the tracks? A. 2016 estimate for Everett's pedestrian bridge at Grand Avenue was $2.7M, of that $2M was provided by outside sources. Per the alternatives analysis, a pedestrian mid -block bridge at the Amtrak station would cost $6-8 M. This does not include cost of aid car, real estate (purchase or condemnation), building cost, or operations and maintenance. City would be responsible for approximately 81% or $4.86M to $6.48M out of pocket for the project. the City did not further pursue cost research as this option did not meet standard for emergency service response. Ms. Glover reviewed: • Project Schedule o Dec 2017 — March 2018: Develop early design concepts o April — August 2018: Develop design alternatives o Sept — Dec 2018: Select preferred alternative 0 2019 — 2020: Finalize design and secure funding 0 2021 — 2023: Construction planned • Where we are now o Open House and Online Open House - completed o Neighborhood meetings - completed o Permitting agency consultations - completed o Review by Advisory Panel - completed o City Council Review /Public Hearing o Meeting of Mayor's Advisory Committee o Mayor's recommendation on design concept to advance October 16 o Presentation to Council for approval and additional direction Next Steps o Public comment and Council comments/questions after the public hearing o Reconvene Advisory Task Force for final recommendation after conclusion of public process o Mayor deliberation o Mayor's presentation of his recommendation to Council October 16, 2018 Council President Nelson referred to Recent Extended At -Grade Crossing Closures and asked whether any of the bridge designs would have prevented pedestrian fatalities. Mr. Williams answered it is not designed to prevent them but rather to respond to them. Council President Nelson asked if they would prevented vehicle collisions. Mr. Williams answered no, the use was to respond not prevent. Council President Nelson commented the potential for pedestrian fatalities and collisions will continue even if the Waterfront Connector is constructed. He asked whether anything was being done to prevent these suicides, such as installing barriers to prevent suicide attempts on the train tracks. Mr. Williams answered doing anything to restrict access would be BNSF's responsibility. If someone is determined to get onto the tracks on purpose, there is little that can be done to prevent that other than counseling, etc. Council President Nelson asked if this option would do anything to prevent vehicles getting stuck on the tracks. Mr. Williams responded after two people turned off Dayton onto the tracks in a short period of time, additional markings were provided which has been successful. Councilmember Buckshnis asked why the pros and cons were not included in the packet and why the pros and cons of having emergency services on the west side were not evaluated. Mr. Williams answered that was addressed in the Mid -Block Crossing with On -Site Vehicle option. With fire apparatus on the west side, the first step getting personnel there via a reliable connection. The Mid -Block Crossing was the cheapest way to get first responders to a facility plus purchasing a vehicle, property, a building to house apparatus, etc. It is less expensive, approximately $8M but it provides much degraded service. Edmonds City Council Approved Minutes September 18, 2018 Page 10 Councilmember Buckshnis clarified her question was satellite emergency service on the west side somewhere near the Port. Mr. Williams said that was the Mid -Block Crossing option. If her interest was in a staffed station, the costs increase dramatically for personnel to staff a station 24/7. That option was not included because the Fire District has no interest in it. Councilmember Buckshnis commented the options displayed will destroy the north beach and there will be concrete where there is now open space. What the Council approved in 2013 and 2014 is nothing like this Waterfront Connector project and she wished the presenters would not say the Council unanimously approved it. In 2013 the Council had a huge discussion about what to call the project and what its purpose was and that was not what the Council was seeing today. Mr. Williams acknowledged the project has evolved from 2012 when answers were first being sought to November 15, 2016 when the Council unanimously voted to put this project on the CIP. Since then, a second Mayor's task force was formed to identify that project and alternatives. He concluded it hadn't changed much since then; it started and ended at the same point. Councilmember Buckshnis commented it had changed a lot, it wasn't 24/7 access back then. Councilmember Tibbott commented there was no cost estimate in the presentation for the connector at Dayton or Main. Mr. Williams answered he did not show those as there were no questions raised at the August 28"' presentation. Three overpasses and three underpasses were evaluated as part of the 51 alternatives. Costs ranged from $165M to $354M with the underpass at Main being the most expensive and the overpass at Main the least expensive. The underpass at Dayton was estimated at $300M which would provide completely grade -separated crossing, but those types of projects were so out of scale cost -wise, it did not seem plausible to move forward with them. Councilmember Tibbott understood why BNSF and WSDOT would be interested in participating in funding but asked why the Freight Mobility Board (FMB) would be interested in providing a grant. Mr. Williams said the FMB does not provide a great deal of money, but they provide grants for projects that help facilitate more efficient movement of freight. The ferry connection between Edmonds and Kingston is the top freight hauling route in the ferry system; to the extent that freight is delayed, the FMB could be interested in the project. Councilmember Fraley-Monillas asked what would prevent general traffic from using the connector in both directions. Mr. Williams asked there would be a physical barrier such as bollards in place 99.9% of the time to prevent vehicles other than emergency vehicles from entering. Emergency vehicles would trigger the bollards to be lowered and to go back up after they drive through. Polices would also be negotiated between WSDOT and City regarding how/when it would be opened, closed and used. There are no plans to allow general traffic; it is a single lane roadway, not a through street and it is intended only for pedestrian, bicycle and ADA access to the waterfront as well as occasional emergency vehicle access. Councilmember Fraley-Monillas asked if the connector could theoretically be used for on and off loading of the ferry. Mr. Williams answered not on an ongoing basis because it is a single lane. Councilmember Fraley-Monillas asked if it could be used to load and offload vehicles if a train were blocking for three hours. Mr. Williams answered it could theoretically, but WSDOT is not interested in that. Councilmember Fraley-Monillas commented WSDOT may not be interested at this point. Mr. Williams said that would be a lot of work for WSDOT; if there were a blockage, WSDOT would stop loading boats in Kingston. If a boat was nearing Edmonds and depending on forecasted length of the blockage, they could work with City to unload the boat. Councilmember Fraley-Monillas summarized it was possible to use it for loading and offloading but he believed via negotiations with WSDOT it would be only used for emergency purposes. Mr. Williams answered absolutely. Councilmember Teitzel referred to the estimated total project cost, commenting the cost has been the focus of a great deal of comment by the Council and the public. The vast majority of the cost was not local funds, but state and federal funds and it was not an either/or decision — without this project, those funds were not available for other purposes. Mr. Williams answered that was very true. The federal government has funds Edmonds City Council Approved Minutes September 18, 2018 Page 11 available that are allocated to states and prioritized for expenditures on transportation and are very specific with regard to what they can fund. For example, the BUILD has specific funding categories. Councilmember Teitzel summarized it was not a trade-off, it was not as if the money could be used for sidewalks if it was not used for the bridge. Mr. Williams agreed that was not how it works. Councilmember Teitzel referred to the continency levels, recognizing there was $4.5M for contingency and $2.7M for construction contingency 20% of the total project cost. He asked why there were two contingencies. Mr. Williams answered one is a design contingency and the other is for issues that arise during construction after the contract is awarded. If the funds already spent and the escalation is removed for a $25.59M project, $4.5M and portion of other the construction management and construction totals 37% contingency. Councilmember Johnson asked if Mr. Williams had seen Ferries' long range plan that is being developed. Mr. Williams answered he was on the technical advisory committee. Councilmember Johnson asked where the multimodal transportation fits into that plan such as relocating the ferry and train station and adding a bridge at the southern edge of town. Mr. Williams answered WSF's 2009 long range plan included Edmonds Crossing as the answer to the future of ferries in Edmonds. In 2008 the cost estimate for that project was $237M and significantly more today. With the economic downturn, WSF withdrew those commitments of which approximately $80M had been assembled. The project went into the deep freeze although it was still in WSF's plan. In developing a new long-range plan, there has been a great deal of discussion about what to include for Edmonds. WSF is noncommittal, such as looking at interim improvements to the existing dock and system, acknowledging the need to work on the current location and to work with the community to determine the long-range vision for ferries in Edmonds. The draft long range plan pulls away from the Edmonds Crossing and states they will work with Edmonds to figure out the future. The draft plan has not yet been adopted; a public meeting in scheduled in Edmonds on October 4. Councilmember Johnson asked the forecast year for that plan. Mr. Williams answered it is a 20 -year plan so 2040. Councilmember Johnson said the Waterfront Connector would be the solution to many of the City's issues until 2040 at a minimum. Mr. Williams said Edmonds Crossing was a large structure over the tracks that separated the ferries from the railroad operations but there would still be two at -grade crossings in Edmonds and the potential for emergencies on the west side of the tracks. The Waterfront Connector would still be a useful adjunct to any future ferry location project. Councilmember Johnson said a ferry relocation project could provide waterfront access for emergencies. Mr. Williams answered it could, but it would be a delayed response compared to the Waterfront Connector, requiring Station 17 fire vehicles to drive to Pine Street, cross over, and drive up Admiral to reach the park or the ferry dock to respond to an emergency. If the Waterfront Connector were built first, which it likely would be, it would still be used for emergency response. Mayor Earling opened the public participation portion of the public hearing. Bruce Higgins, Shoreline, coordinator of the volunteer effort for the Underwater Park, relayed his concern that the parking lot would be closed for an extended period during construction which would impact volunteer efforts to maintain the park. He suggested the entire parking lot not be closed, anticipating if construction took two years, two years without maintenance of the Underwater Park would be problematic. Scott Steffy, Edmonds, said he has family that lives on Sunset, has an office on the waterfront, and was not in favor of the Waterfront Connector. In talking with residents on Sunset, 2nd and 3rd Streets, non - scientifically about 80% were opposed to it. One of the biggest problems now is parking on Sunset Ave; residents have fought the City's efforts to make Sunset a park. Now there is a proposal for a Waterfront Connector project that will not do anything. He anticipated beach access would be destroyed for two years and create parking issues. The reason for the Connector seems to be safety but the facts and figures do not bear that out. He crosses the train tracks 5-10 times a day and he and his family and his wife's family have Edmonds City Council Approved Minutes September 18, 2018 Page 12 lived in the community a long time. They are troubled by the $30 million cost, emphasizing it was still taxpayer money whether it was a federal or state grant, for an unnecessary project. If safety was the issue, a triage center, which could be manned by 2 people 24/7, that would care for the senior and waterfront community would save lives. Building this landbridge creates a suicide risk for people jumping off. It also creates a shelter for the homeless to camp/hang out under which will degrade the Edmonds community. He urged the Council to look at this from a logical standpoint, $2 million to build a triage center, $1 million/year to operate it would take 25-30 years to equal the cost of the Waterfront Connector. That option would provide more public safety and save lives. Daniel Sloan, Everett, urged the Council to ensure the Edmonds Underwater Park Marine Sanctuary remains open with sufficient beachfront parking for volunteers who need access to perform year-round maintenance The park, Brackett's Landing Shoreline Sanctuary Conservation Area, needs to remain open during and after Connector construction. There is no other comparable Salish Sea education location. It is a marine science classroom visited by thousands every month. The system of safety buoys requires year- round maintenance and parking is essential. Volunteer divers observe and report on significant Salish Sea events including recent sea star wasting and diminished crab population due to habitat loss. Invasive species are identified and removed. Lingcod recruitment is recorded November through March; volunteers tag and track nearly 200 Lingcod nests annually. The Edmonds Underwater Park is the only marine sanctuary like it in the world. It is recognized internationally as a model for environmental conservation and habitat enhancement. The park deserves high priority attention and adequate parking is a priority consideration. Jim Orvis, Edmonds, Port Commissioner, Co -Chair with Council President Nelson on the original task force in 2015 and a member of the Mayor's Advisory Committee on the Connector project, pointed out the interest in this project beyond Edmonds. Participation in the task force by senior representatives from the State Department of Transportation, BNSF, Sound and Community Transit and others as well as the number of entities providing funding testify to the importance of emergency access to the west side of the tracks. In addition to the parks, the waterfront contains the ferry landing; a 900 -boat marina; 4 heavily used restaurants, 2 of which have second story dining rooms; several businesses and the fishing pier; and attracts tens of thousands of visitors every year. The whale watching tour alone is expected to bring in 25,000 tourists this year. The Edmonds Yacht Club holds numerous well -attended events and funds are being raised for a community center that will also draw large numbers. If people are not concerned about an occasional heart attack, he suggested they consider the consequences of a fire at the senior center, the marina or one of the restaurants. The waterfront is thriving and growing and is no longer a sleepy quiet place outside the community mainstream; the need for readily available emergency services west of tracks can no longer be discounted. He recalled waiting at the Dayton crossing recently while a 140 -car coal train passed; Washington and Oregon are pressing to expand passenger rail service between Vancouver BC and cities in those states. The foundation for the second track has been laid south Dayton and it is likely the double track will run through the City in the next few years which will certainly further impair traffic passage; the worry can no longer be just a stalled train. The proposed solution was selected from over 50 during public workshops and through research by the technical team. The task was daunting at first, but as they looked at what was feasible, affordable and meet the needs, the Edmond Street solution became obvious. It is close to emergency vehicles, lands in the most acceptable place on the west side, provides within budget significant public amenities and minimizes the adverse impact on views. The Council made a decision to proceed three years ago; it is time to get it done. Kurt Greiner, Edmonds, retired Coast Guard captain, said the goal of the Coast Guard is first saving lives and second saving property. He often sees recommendations for things that do not save lives; treatment in the first five minutes of a serious medical event determines whether a person lives or dies. Rick Schaefer, Tetra Tech, contacted the Fire District on January 6 and learned there had been a fire engine on the other side of the tracks at one time; it was ineffective and was removed. The Fire District will not approve a fire station on the west side of the tracks and he recommended the Council talk to Fire District before proceeding with that concept. He was hopeful the Waterfront Connector would be constructed as it solves all the Edmonds City Council Approved Minutes September 18, 2018 Page 13 problems. He asked the value of a human life; commenting the Coast Guard wanted no part in determining that. Bob McChesney, Executive Director, Port of Edmonds, offered comments in support of the Edmonds Street Waterfront Connector, the evaluation process and the recommended alternative on behalf of the Port. The need is obvious; at -grade rail crossings are dangerous, but public safety on the west side of the tracks is the number one concern. Not only is the number cars and pedestrian coming to the waterfront increasing annually, but the number and frequency of long trains is also increasing — currently over 40 trains per day and expected to increase to 80-100 trains per day over the next decade. BNSF also has plans to double track through Edmonds in the not too distant future. From the Port's perspective, as much as the train issues are a commercial incumbrance, the real problem is public safety. The senior center is affected, ferry traffic exacerbates the problem, tourists, day-trippers, and Port businesses are negatively impacted by train traffic and train blockages can completely isolate the waterfront from emergency services. Several years ago there was a fire at the marina; a few boats were lost but if not for the quick response by the Edmonds Fire Department, there may have been loss of life and more damage. Had there been a train blockage or even a train passing by, response could have been delayed and the fire could have been catastrophic. The Port is partnering with the City to analyze practical remedies to alleviate this serious public safety issue. The initial feasibility study presented to Council in November 2016 was the work product of a high professional consulting firm and included extensive public participation and supervision by City staff and a select oversight committee who analyzed 51 discrete alternatives over a 14 -month study period. The Edmonds Street Waterfront Connector was identified as the most cost effective, practical alternative. There is no perfect solution, but the City must rely on the recommendation of the study. November 15, 2016 City Council approved this project and direct it included in the City's Capital Improvement Plan. The Port endorses the process and supports the Edmonds Street Waterfront Connector as the best solution. On behalf of the Port, he urged the Council to keep this important project moving forward. Doug Swartz, Edmonds, said the total blockage in the last 9 years was 12 hours. During the last five years, residents' property taxes have increased 40%, water/sewer bills have increased 55%, and car tabs have more than doubled. He was concerned the City was taking on too many substantial projects at one time. He provided a partial list: provisions for operating expenses for the Edmonds Public Facilities District; Civic Field, acquired from the Edmonds School District when it was perfectly functioning as a park and now a $12 million unfunded project to make it a signature park; the Waterfront Center which was to be funded by donations and now the City is providing an undetermined amount; and the largest and most questionable project is the Waterfront Connector. The City wants to spend $30 million to address 12 hours of blockage in 9 years. He valued life but said there are better alternatives to the Waterfront Connector as now envisioned. He questioned the comment in staff's presentation that if the project costs $30 million, $18 million will be provided by the federal government, but when the projects costs $6 million, the entire cost is paid by the City. If the project solves the same problem, he questioned why the funding percentage differs. The idea of a pedestrian bridge with an emergency vehicle on the west side was rejected by the evaluation committee with only the phrase, the pedestrian bridge was considered to provide little ultimate benefit. He urged the City Council to take another look at the Waterfront Connector. If the Council is unwilling to pursue a pedestrian bridge, the Council should at least demand that the cost of the project be reduced. Steve Johnston, Edmonds, Port Commissioner, read a letter from Phil Lovell. Mr. Lovell strongly urged the Council to support and maintain efforts toward design completion and implementation of the Edmonds Street Waterfront Connector. This project is currently at concept design status as led by a strong team professional team originally authorized by the City Council in October 2015. He was a member of the original formed task force in 2015 and since January 2018, has also served on the Mayor's advisory committee on the Waterfront Connector project, working closely with the team of Tetra Tech, Parametrix, City staff and other key stakeholders. Subsequent working sessions of this group have led to conceptual design of two bridge ramp schemes from Edmonds Street; the landbridge identified as the preferred option. Edmonds City Council Approved Minutes September 18, 2018 Page 14 This design concept is widely supported by the above referenced team and the public. At this point in the process, it is important for the Council to acknowledge two major aspects of the project, first, recognition of the need and purpose of this project go back over five years to Council's approval of the original Strategic Action Plan in April 2013 and an updated plan in April 2015. Primary strategic objective 4, ranked moderate to high within the plan calls for developing and maintaining a transportation infrastructure to meet current and future demand. Action Item 4a.9, waterfront connection, calls for establishing an emergency and everyday access over the railroad tracks for pedestrians bound from shoreline and waterfront attractions from Harbor Square, Salish Crossing and downtown. This project represents the public's and first responders' proposed action for meeting the 2013 SAP and the Council should recognize and support this. Second, the current concept plan provides for everyday safe crossing for pedestrians, bikes and emergency - only vehicles and the unlikely ferry unloading necessitated by railroad at -grade crossing blockage by a train. Previous analyses discarded concepts of pedestrian -only track crossings and waterfront side emergency station as not meeting the intent in the SAP. The current landbridge concept also includes the potential for a mini park and replacement of the current Brackett's Landing restrooms. Funding for the project is diverse both in terms of timing and source. The planned project is a successful work effort by professional staff and the public. Jack Jacobson, Edmonds, said the person that dreamt this project up has been messing with Sunset Avenue for several years; this may be his last stoke. The information provided to the Council regarding accidents on the waterfront is not correct. He was sorry some Councilmembers may have to retract their vote regarding this project. Dick Van Hollebeke, Edmonds, spoke of behalf of the crossing and the urgent need. He supports the proposal for numerous reasons including business development, visitors, and people on the waterfront including his son who is married and has a 6 -year old daughter, who has an office on the west side of the tracks and he wants to ensure that family as well as other families are protected. The Waterfront Connector would be a magnificent addition because 99% of the time it would be a pedestrian use access to the beach. He understood people in the immediate proximately may feel impinged upon, but Edmonds has over 40,000 residents as well as numerous visitors who contribute to its economic success. He supported moving ahead swiftly, noting the cost to Edmonds is relatively low as a percentage of the total cost of the project. He recognized taxes were taxes, but most of the project would not be funded by local taxes. He encouraged the Council to make accommodations for access to the Underwater Park as the project proceeds. Jason Blachly, Battalion Chief, South County Fire (formerly Fire District 1), reaffirmed South County Fire's continued support for the Waterfront Connector project as proposed with bridge access to the west side of the tracks for all emergency vehicles in case of a complete train blockage. South County Fire has been involved in the study since its inception and has looked at many of the alternatives that are being mentioned again to include placing an unstaffed fire station on the west side of the train tracks or staffing a fire station on the west side. Those alternatives do not solve the problem and only provide a minimal solution and are not supported by South County Fire. South County Fire understands there are many factors to consider; their position is based on emergency response needs only. South County Fire will adjust its emergency response to whatever solution the Council finalizes but felt it was important to reaffirm their position that the only realistic emergency response solution to the west side is to allow access to all emergency vehicles. Bob Rinehart, Edmonds, Edmonds Senior Center Board, relayed concern about seniors and the increased number of people who will be using the new Waterfront Center and the surrounding area. He supported the Waterfront Connector because it represents a more global, holist approach and he urged the Council to avoid problem solution approaches. He provided a personal antidote to underscore that statement: in the late 1960s he was posted in north central Laos along with a small French military contingent headed by a grisly old major who had lost one arm. The major cornered him one day saying you Americans, you are wrong in Vietnam. Americans have a pattern of seeing a problem and coming up with a solution, run the Edmonds City Council Approved Minutes September 18, 2018 Page 15 solution for a while and if it doesn't work, identifying another problem and another solution. Americans disagree with what General de Gaulle has done, particularly in Algeria but he looked at it as a situation that required courses of action to move to a better situation and he extricated the French from Algeria, but Americans are not extricating from Vietnam. Mr. Rinehart summarized the Waterfront Connector provides a more global approach at addressing the multiplicity of things that occur on the waterfront and he urged the Council to avoid a problem solution approach. Rebecca Yalch, Edmonds, referred to Councilmember Buckshnis' comment that this is not a done deal, that funding was approved for a design process, not construction. Given that, there is nothing to say the Council should proceed; there are a lot of things that still need to be discussed and considered. In reviewing the alternatives, she did not see anything about using existing and new technologies to provide emergency services. North and South Carolina are testing drone technology to deliver emergency services and they were used in California for fire response. There are predictions that in 2-3 years, EMTs and emergency vehicles will be able to get to emergencies via air and take patients to the best emergency room for service. The plans also do not address environmental impacts; lighting will affect the shoreline, building on the tideline will affect tides and currents and there will be effects from runoff and litter. An Environmental Impact Study will be required for this project. She agreed there was a goal in the SAP to build transportation and infrastructure, but it also says provide pedestrian access to downtown and waterfront businesses which this project does not accomplish. There is no funding for maintenance; Seattle does not build anything that does not include a maintenance budget. Roger Hertrich, Edmonds, recalled when he and Bill Casper were on City Council, the answer to crossing over the railroad tracks was Pt. Edwards. The design of that project never included access to the waterfront. The cost of this project is exorbitant. With the increase in train traffic, there will be pressure on the ferry system to do something. Ferries likely supports the Waterfront Connector, but they are not willing to provide half the funding. He thought the concept was a great idea several years ago, but now the cost is too high. He suggested pressuring WSDOT and the legislature to move the ferry dock and to include an overpass to the west side which would be cheaper and more effective. Nick Echelbarger, Edmonds, an office tenant on the west side of the tracks and a property owner on the east side of the tracks, lauded Council President Nelson's critique of infrastructure in the waterfront area. He crosses the tracks several times a day by car or on foot; it is disheartening watching someone on Dayton attempt a right turn with inadequate striping and to walk on Railroad Avenue where there are no sidewalks. There are acute deficiencies and needs on the waterfront, but the funds to address them do not address acute emergency needs. He commended the Council for running a robust, professional public process; this has been as open, communicative and professional as any he has seen. Multiple scenarios were considered, the best one selected, Edmonds' share of the total project cost is small, and others will pay for the majority of the project. In a perfect world those tax dollars would be spent in different ways, but this is close to a perfect solution. He acknowledged it was not easy to take the final jump, a multiyear and robust public process has brought the project to the point of the Council saying we trust staff, we've done our homework, now it's time to vote in favor. He encouraged the Council to start connecting the waterfront with downtown. Farrell Fleming, Executive Director, Edmonds Senior Center, commended the Council on a comprehensive, open, transparent, and detailed process. He attended most of the public events and whenever written responses were invited, he continued to press the need for unrestricted emergency access to serve the seniors. Three years ago, he had a stroke at the Senior Center and is here today because fortunately there were no impediments to the aid car reaching the center and transporting him to Swedish Edmonds. Edmonds Senior Center has a significant aging population; in July 374 invitations were sent to the 7' annual 90+ year olds celebration. The population is frailer and more likely to need emergency response in a timely manner. For many seniors, a few minutes can mean the difference between life and death or health and disability. The new Waterfront Center being built in partnership with the City will serve a much larger population. The rental program, key to the center's long-term viability will greatly increase Edmonds City Council Approved Minutes September 18, 2018 Page 16 the number of people using the center, and the need for rapid emergency response will also increase. It will be important for prospective renters to know that the City can provide this support. The needs are genuine; how the City chooses to meet them is the Council's decision. The Waterfront Connector is the most robust way to meet the need but has a real cost. Whenever there is a shortage of resources, choices have to be made. That is the process at this stage of design, determining what we can afford and what is essential versus what is merely desirable. He and the citizens of Edmonds expect the Council to make the most informed and rational choice. Terra Kelly, representing Arnies of Edmonds which has been on the waterfront for 38 years, relayed their wholehearted support for the Waterfront Connector for obvious emergency reasons and to allow pedestrian access to the waterfront. She has been at Amies for 12 years; her first day solo on the job, a patron experienced a heart attack in the restaurant. There is very swift emergency response when there are no impediments but there have been times when the train is stopped and there are long waits to get in and out of the restaurant. As someone who calls 911 when an emergency occurs, she always hopes the train is operating properly. She reiterated Arnies' support for the Waterfront Connector. Hearing no further public comment, Mayor Earling closed the public participation portion of the public hearing. Mayor Earling relayed the Task Force will have a follow-up meeting in 1-2 weeks; they will make a final recommendation to him which he will present to the Council in mid-October. Councilmember Mesaros commented it was interesting to hear questions from fellow Councilmembers and to listen to testimony and hear opinions on both sides, the importance of the project to the City and how to best solve the problem. He referred to risk versus reward, recalling the years he has had fire insurance on his house but fortunately has never had a fire. It was important to make the investment in fire insurance to protect the property and the health costs of his family if they were injured in a fire. The City is evaluating that risk; although the tracks have only been blocked for a certain number of hours, the time delay that can occur, especially with the increase in train traffic, is a risk he was not prepared to bear and he hoped the City would make the investment in the Waterfront Connector. He recognized the City could go 10 years without any loss of life or significant property loss, but it may happen in the 11`" year and the City needs to be prepared. The City prepares for emergencies in many ways and needs to prepare for it on the west side of the tracks as well. Councilmember Mesaros recalled at his first Council meeting, hearing a report on revisions to the SAP and the waterfront connection was a prime objective of that plan. He also recalled the November 15 vote where the Council heard the initial task force's report and voted to move forward with design. With regard to comments about stationing a vehicle on the west side that would be accessed by emergency personnel; he questioned how the patient would be transported to a hospital if the tracks are still blocked. With all those factors in mind, he supported the City moving forward and to approve the Waterfront Connector. Council President Nelson commented there are a lot of needs in the City; there is no question emergency access to the waterfront if needed. His question was whether that was a priority and whether there were other, more important priorities. A transportation safety project should not be prioritized by grant availability; it should be prioritized on does this project have the greatest impact on citizen protection. When he considers what is hurting or killing people, it is cars on roadways; this project does nothing to protect them. He found it interesting the Council was discussing emergency response times to the waterfront, yet the Council cut a dedicated paramedic at Station 17 who certainly responded to many of the waterfront calls. Since those cuts were made, response times to the entire city for EMS, ALS, BLS, fires, car crashes, etc. have all increased. He questioned what the City was doing to fund that, to change that response. Council President Nelson referred to the 2018 Transportation Safety Plan that the Council approved on the Consent Agenda. That plan states in the last five years the number of fatal and serious collisions in Edmonds has doubled. Half those collisions occurred on Hwy 99; the number of serious and fatal car accidents is four Edmonds City Council Approved Minutes September 18, 2018 Page 17 times the state average for that type of roadway. More pedestrians have been hit by cars than the statewide average and 42% of serious and fatal car accidents involved pedestrians. He questioned how much the City was spending to fund pedestrian safety and how this project helped them. If the City was serious about transportation safety improvements, it should be looking at how to fund the sidewalk and roadway improvements in the 2018 Transportation Safety Plan. He acknowledged there was a need for the Waterfront Connector but there are a lot of needs and he wanted projects that protect citizens. Councilmember Johnson said she did not plan to speak about the project as whole but wanted to provide comment to Mayor Earling to assist him in identifying his recommended alternative. First, she suggested streamlining either of the designs to reduce construction materials to save money such as, a) reducing the stub from the landbridge alternative, b) reducing the two landing ramps to Brackett Landing in the promenade alternative, or c) narrowing the width of the overpass above the railroad in the landbridge alternative. Second, both alternatives disrupt the heavily used walkway at Brackett's Landing along the beach to/from the jetty. She suggested reconsidering the landing area, possibly using the turnaround area and a few parking spaces. Third, she supported continuing the evolution for the two alternatives, paying attention to the southern access point and considering the landbridge width over the railroad for the promenade alternative. Fourth, she heard several speakers tonight talk about the importance of access to the Brackett's Landing Marine Sanctuary during and after construction. She looked forward to Mayor Earling's October 16 recommendation and the Council's discussion that will follow. Councilmember Buckshnis thanked Mr. Jacobson for his comments, noting the Council approved proceeding with design and it was not called the Waterfront Connector at that point. She agreed with Ms. Yalch, Council President Nelson and Mr. Hertrich that the monetary cost and the cost to the environment was too high. She anticipated the Connector would create shade, the beach would no longer be an expanse of open space, skateboarders would use it at night, and people will throw things off it. She supported having a triage space on the west side, possibly at the marina or the new Waterfront Center. The Council needs to establish its priorities and this project is too costly for her. With regard to the cost of this infrastructure project Councilmember Tibbott said staff has stated the expectation that the largest share of the cost would be paid via transportation infrastructure grants that they are actively pursuing. This bridge is not just something that will be used for 20-30 years; this infrastructure will last 80-100+ years so the $30M cost can be amortized over that period of time. Whether the Connector was needed this decade, he was sure it will be needed in 20 years due to increased traffic and activity on the waterfront and it would be exceedingly important to downtown Edmonds in 50 years. He supported funding this project, noting if the grants are not obtained, the project would be delayed until they are received. If the Council and public are discounting this project based on the idea the City can't ask for and expect grant funding, the City may as well stop looking for funding for Hwy 99 which is an estimated $170M project. Councilmember Tibbott wholeheartedly agreed the City is undertaking a lot of projects, but they will not all happen at once. This is an exciting time in Edmonds history, where residents can anticipate a public park and an expansion of infrastructure. The development anticipated on Hwy 99 will change the City in dramatic ways, bringing new citizens and opportunity and many of them will participate in activities and amenities on the waterfront. He foresees potential for improving Bracket Landing North and in the animation of both designs, there is an open pathway to the north part of the beach. The bridge can be done tastefully and in a way that it is a walking amenity for pedestrians connecting the waterfront with the bluff but also an amenity for those who want to enjoy the beach. He thanked the City Council and staff for their efforts as well as the citizens for their involvement in the design process. He concluded the Waterfront Connector will serve the City for many decades, even as much as a century or more. Mayor Earling commented there are two alternatives. One of the reasons for another Task Force meeting is to discuss whether to blend the concepts. He relayed his belief that the City Council gave staff launching Edmonds City Council Approved Minutes September 18, 2018 Page 18 orders and they have been diligently working on that and have developed plausible ideas. To some the costs are frightening, but from past experience, he was certain there are ways to assemble funding for such as project. Mayor Earling declared a brief recess. 9. ACTION ITEMS 1. CLOSED -RECORD REVIEW AND DECISION ON THE HEARING EXAMINER'S RECOMMENDATION TO APPROVE FOUR CONSOLIDATED LAND USE PERMITS FOR IMPROVEMENTS TO THE BASEBALL FIELD AND TENNIS COURTS AT EDMONDS-WOODWAY HIGH SCHOOL (pLN20180014-0017) Mayor Earling explained the purpose of the closed record review hearing is for the City Council to consider the recommendation of the Hearing Examiner to approve four consolidated land use permits on improvements to the baseball fields and tennis courts at Edmonds-Woodway High School. The four consolidated land use applications follow a Type III -B process because two of the four are variance requests. When public projects like this require a variance, a Hearing Examiner holds a public meeting and makes a recommendation to the City Council. Tonight the City Council holds a closed record review of the Hearing Examiner's and makes a final decision on the variance. Mayor Earling opened the closed recording hearing, stating only parties of record are allowed to participate in the hearing. The parties of record include the applicant, any person who testified at the open record public hearing on the application, and any person who individually submitted written comments concerning the application at the open record public hearing. The applicant was the Edmonds School District, represented at the Hearing Examiner hearing by Bob Harding, Chris Fote, Cami Anderson and Angie McGuire. Mike Clugston presented the staff report to the Hearing Examiner on behalf of the Development Services Department. Other parties of record are Pete Bennett, Fred Shull, Edward Peters, and Stacey Hurst. No one else will be allowed to participate in this close record review. The Appearance of Fairness Doctrine requires that the hearing be fair in form, substance and appearance. The hearing must not only be fair but also must appear to be fair. Mayor Earling asked whether any member of the decision-making body had engaged in communication with opponents or proponents regarding the issues in this matter outside the public hearing process. Councilmembers Mesaros, Teitzel, Fraley-Monillas, Buckshnis, Tibbott, and Johnson, Council President Nelson, and Mayor Earling stated they had not had any communication with opponents or proponents on this matter. Mayor Earling asked if any member of the decision-making body had a conflict or believed he/she could not hear and consider the application in a fair and objective manner. Councilmembers Johnson, Tibbott, Buckshnis, Fraley-Monillas, Teitzel, and Mesaros, Council President Nelson, and Mayor Earling stated they had no conflicts and could hearing the matter in a fair and objective manner. The Council agreed to the following procedure for speakers proposed by Mayor Earling: 5 minutes each for the staff report, applicant's oral argument and parties of record. Mayor Earling asked if there were any objections to his or any Councilmembers' participation as a decision -maker in the hearing. No objections were voiced. Staff Presentation Associated Planner Mike Clugston presentation in packet page 448. • Proposal: o Install synthetic turf baseball field with ball control fencing, backstops, bleachers, dugouts, lights and batting cage Edmonds City Council Approved Minutes September 18, 2018 Page 19 o Tennis courts revised o Drawing of specific improvements: ■ Javelin • Discus • Fields and fencing • Tennis courts • Batting cage • Permits and Processes o Four land use permits requested 1. Design review (PLN20180014) 2. Conditional use permit (PLN20180015) 3. Variance for height of light poles (PLN20180016) 4. Variance for setback of batting cage, fence (PLN20180017) o ADB reviews design at a public meeting and makes recommendation to Hearing Examiner, Examiner holds public hearing and makes recommendation on the consolidated permits to City Council, Council makes final decision after closed -record review • Design Review o ADB met on August 1, 2018 ■ Proposal meets Urban Design guidance in Comp Plan, design criteria in ECDC 20.11, zoning code ■ Recommended approval of PLN20180014 with conditions - Blend batting cage with EWHS buildings - More screening east of batting cage - ESD responded to conditions, proposing metal siding to match football stadium; wainscoting to match school and additional screening east of batting cage • Hearing Examiner held a public hearing on August 23, 2018 o Testimony taken from several people, all who spoke in favor of the project o Hearing Examiner's decision issued September 11, 2018 outlines how the CUP request meets the requirements in Chapter 20.05 as well as ECDC 16.80. Variance requests for pole heights and setback reduction meet the criteria in Chapter 20.85 o Hearing Examiner recommended the Council approve the four land use permits with conditions: 1. Landscaping plan proposed in Exhibit 5 shall be revised to meet the intent of Type III landscaping criteria in ECDC 20.13, specifically incorporating the recommendations for the ADB at its August 1, 2018 meeting 2. An automatic timer that turns the field and court lights off at 10:15 p.m. is required. 3. The conditional use permit should run with the land so long as subsequent owners are private or public schools or public agencies. A�lic_ant Bob Harding, design consultant for Edmonds School District, explained the District is long past due to make improvements to the baseball field at Edmonds-Woodway High School. It has perennially been one of the oddest shaped baseball fields in the area with long right and left fields and a flattened center field with a net to keep balls in the field. The proposed improvements will reconstruct the baseball field in the same location, reconfiguring and reorienting the field and pushing it to the north away from the fence and 216'h Street to create additional outfield and allows for a more traditional baseball field shape. The site plan shift requires encroaching onto several existing tennis courts. To maintain and expand the program to six tennis courts, which is a district program requirement, the site plan has been modified to locate the six tennis courts directly adjacent to the student parking lot east of the baseball field, thereby allowing enough space to reconstruct the baseball field in a complete manner. Edmonds City Council Approved Minutes September 18, 2018 Page 20 Mr. Harding explained the primary purpose of the project is to establish a more viable and functional baseball field. No games have been played on the field for several years due to poor conditions. This project will bring the field up to a standard consistent with other schools in the district and will also allow for practice soccer and football field in the outfield. To expand use, lights have been added to both the baseball field and tennis courts which allows for expanded public use beyond school hours and minor reconfiguration around the perimeter of the site. The entire baseball/multipurpose field will be fenced, much of it with a 40 -foot high combination of fencing and netting which is the subject of one of the variance requests. Upon approval of the building permits, construction will begin in the spring and be completed by late summer/early fall. The district has no exceptions to the Hearing Examiner's recommendation. Parties of Record There were no parties of record present who wished to testify. Councilmember Teitzel commented this is an exciting project. He asked about potential light infiltration to neighbors along 216t'`, recalling that the intent was for lighting to be LED, directional and baffled. Mr. Harding responded the entire system will be the latest technology LED. A lighting analysis was completed and there is less thanl-foot candle at the sidewalk and less to the residences to the south. The new LED lighting installed at the stadium two years ago is very directional and focused on the field of play. Councilmember Teitzel asked whether the lighting analysis was physical or a computer model. Mr. Harding answered it was a computer model based on photometrics available from the lighting manufacturer and vendor. Additional lighting testing will be conducted upon installation. Councilmember Johnson asked if the proposal included a new structure for the batting cage and maintenance shed. Mr. Harding answered yes, there is a new structure as depicted on one of the images, it is enclosed and covered over the batting cage portion and there is a small storage area to the east closest to the parking lot. The batting structure will be open -sided and the adjacent structure in the setback is only a fence and net structure, there is no associated building. Councilmember Buckshnis referred to Exhibit 5, the September 10, 2018 Hearing Examiner recommendation and Exhibit 7, the Hearing Examiner's revised recommendation and asked why the Hearing Examiner revised his recommendation. Mr. Clugston explained staff identified two minor corrections, Ms. McGuire's status as Edmonds-Woodway High School Athletic Director and the initial decision referenced the former Woodway High School project, likely a carryover from a boilerplate decision format. Councilmember Johnson suggested voting on the four applications separately, specifically to separate the fourth application from the first three. COUNCIL PRESIDENT NELSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THREE CONSOLIDATED LAND USE APPLICATIONS, PLN20180014, PLN20180015, PLN20180016 FOR IMPROVEMENTS TO THE BASEBALL FIELD AND TENNIS COURT AT EDMONDS WOODWAY HIGH SCHOOL AND THAT THE COUNCIL HEREBY ADOPT THE FINDINGS AND CONCLUSIONS SET FORTH IN THE HEARING EXAMINER'S REVISED RECOMMENDATION WHICH IS INCLUDED AS EXHIBIT 7 TO THIS EVENING'S AGENDA MEMO 8.1. MOTION CARRIED UNANIMOUSLY. Councilmember Johnson referred to page 3 of the Planning Division's report and recommendation to the Hearing Examiner which states a minimum setback of 20 feet shall be maintained from a public street or other property line except that a setback of 25 feet shall be maintained for all structures, structural play areas or structured athletic fields from adjacent residential zoned properties. These setbacks shall be fully landscaped according to ECDC 16.80.030.A. The district has applied for a variance, PLN20180017, to reduce the street setback from the batting cage from the required 20 feet to approximately 4 feet, but in fact there is an error in the statement because it is supposed to be a 25 -foot setback not a 20 -foot setback. The Edmonds City Council Approved Minutes September 18, 2018 Page 21 existing batting cage is within the street setback on 216th that has nonconforming elements. If those remained, they could be maintained but they cannot be expanded without a variance. Given the testimony so far, she found no justification for the setback variance except a desire by school district. COUNCILMEMBER JOHNSON MOVED TO DENY THE FOURTH VARIANCE. MOTION DIED FOR LACK OF A SECOND. COUNCIL PRESIDENT NELSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE FOURTH CONSOLIDATED LAND USE APPLICATION, PLN20180017, FOR IMPROVEMENTS TO THE BASEBALL FIELD AND TENNIS COURT AT EDMONDS WOODWAY HIGH SCHOOL AND THAT THE COUNCIL HEREBY ADOPT THE FINDINGS AND CONCLUSIONS SET FORTH IN THE HEARING EXAMINER'S REVISED RECOMMENDATION WHICH IS INCLUDED AS EXHIBIT 7 TO THIS EVENING'S AGENDA MEMO 8.1. Councilmember Johnson explained there is a residential area across the street from 216th, setbacks are required to protect neighborhoods from encroachment and the development code states there should be 25 - foot setback. Staff, the applicant and the Hearing Examiner all reference a 20 -foot setback which she believed was an error; therefore, she did not agree with the Hearing Examiner's findings. Councilmember Fraley-Monillas asked Mr. Clugston to address Councilmember Johnson's reference to an error in the report. Mr. Clugston explained this is a P zoned property, a minimum landscape setback of 20 feet shall be maintained from a public street or other property line which is the situation adjacent to 216th A 25 -foot setback is required adjacent to a residentially zoned property. He referenced page 489 where the Hearing Examiner states why the variance is consistent with the purposes of the zoning ordinance and the zone district in which the property is located. On line 3 on page 489, the Hearing Examiner states the batting cage encroachment is a public necessity because, as testified by Ms. Stacey Hearst, there is very limited space to accommodate all the improvements necessary to carry out the high school's athletic programs and the batting cages need to be kept at their current location next to the baseball fields to avoid disruption of other athletic uses. MOTION CARRIED (6-1), COUNCILMEMBER JOHNSON VOTING NO. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO EXTEND THE MEETING UNTIL 10:15 P.M. MOTION CARRIED (6-1), COUNCILMEMBER JOHNSON VOTING NO. 2. FINANCE MANAGER & SENIOR ACCOUNTANT JOB DESCRIPTIONS Finance Director Scott James reviewed: • Compensation of Senior Accountant and Public Works Financial Manager Annual Salaa Step I Step II Step III Step IV Step V Step VI Top Ste Pay Grade NE -15 74,648 78,381 82,298 86,414 90,734 95,270 100,035 Pay Grade NE -14 71,312 72,744 76,387 80,210 84,250 88,456 88,456 Annual Benefits 46,806 48,462 50,887 53,433 56,113 58,917 60,445 Total Compensation For Both Positions 192,766 199,587 209,572 220,056 231,097 242,643 248,936 o Starting salary is projected to range between $209,231,097 depending on qualifications of winning candidate o Since he began as the Finance Director, investment earnings total over $2 million ■ 2019 investment earnings are projected to top $1 million ■ Investment earnings will offset the cost of the two new positions Finance Department Senior Accountant Edmonds City Council Approved Minutes September 18, 2018 Page 22 o Under the direction of the Assistant Finance Director, perform professional accounting activities and functions for the City. Responsibilities include overseeing project and grant accounting; participating and acting as a financial advisor in the development of the City's Capital Improvement Program; participating in the preparation of the City's annual budget and financial report; assisting with the City's Risk Management; assisting with the City's Emergency Management preparedness and response, assisting with the City's long-range financial planning; Apply Generally Accepted Accounting Principles (GAAP), Governmental Accounting Standards Board (GASB) principles, and guidelines established by granting or contracting agencies; understand and apply the Washington State Budgeting, Accounting, and Reporting System (BARS); and ensure accuracy and confidentiality of information. Provide leadership, procedural support, and guidance to staff assigned to work on capital projects and grants. o Help Finance keep up with GASB Pronouncements Years 5 Year Average New Pronouncements Average FTE Budget 1984-89 2.0 8 $27AM 1990-95 3.0 8.75 $32.5M 1996-2000 2.2 10 $49.5M 2001-06 2.2 9.5 $62.8M 2007-11 3.2 7.2* $70.7M 2012-16 3.6 7.2* $86.1M *Portions of Administrative Services moved to Mayor's Office Councilmember Fraley-Monillas recalled at the PSPP Committee meeting she requested the FTEs as well as the job titles such as accountant, senior accountant, etc. Mr. James answered there has never been a senior accountant, there has always been a finance director and either an accounting manager or assistant finance director. In 2008 the assistant finance director became the finance director and a replacement was not hired. The assistant finance director was hired in the 2012-2016 period. Councilmember Fraley- Monillas observed there was no assistant finance director prior to 2007. Mr. James answered there was an assistant finance director in 2007. When Dan Clements retired and Kathleen Younglove became the finance director, she did not hire an assistant finance director. Councilmember Fraley-Monillas asked how many additional positions had been hired since Mr. James became the finance director. Mr. James answered an accounting supervisor was promoted to assistant finance director and the accounting supervisor became a staff accountant position, so one additional staff has been added since he was hired. Mr. James continued his presentation: • Finance Department Senior Accountant o Finance accounts for over $260,000,000 in capital assets o Eliminate capital/grant related audit issues o Improve timeliness of grant billing and reporting o Oversee and assist other departments using Project Accounting o Work with Risk Management to reduce claims and disseminate claim information to dept. Directors o Create an Emergency Management preparedness and response program for finance and IT o Assist with the City's long-range financial planning development o The Council packet includes the Senior Accountant job description, specific job duties and some of their deliverables • Comparison of staffing levels City General Fund Budget Per FTE FTE Shoreline $2.75M 17 Edmonds City Council Approved Minutes September 18, 2018 Page 23 Lake Stevens $3M 5 Lacey $3.5M 11 Issaquah $4M 13 Burien $4.5M 6 Bremerton $4.6 9 P2yallup $4.9M 11 Edmonds $5.8M 8 COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO EXTEND THE MEETING UNTIL 10:25 P.M. MOTION CARRIED (5-2), COUNCILMEMBERS FRALEY-MONILLAS AND JOHNSON VOTING NO. Mr. Williams reviewed: • Financial Manager for Public Works and Utilities o Under supervision of the Public Works Director, performs professional financial functions for the Public Works Department. Responsibilities include departmental project and grant accounting; management of utility rate studies, rate calculations, and comparative rate analyses; participating and acting as a financial advisor to the Director and Departmental Managers in the development of the City's Capital Improvement Program, Transportation Improvement Program, and Comprehensive Plans for Water, Sewer, and Stormwater Divisions; o Organizing and participating in the preparation of the Department's annual budget and financial reports; developing the Public Works Department long-range financial planning inputs to the Finance Department; consistently applying Generally Accepted Accounting Principles (GAAP), Governmental Accounting Standards Board (GASB) principles, guidelines established by granting or contracting agencies, and City financial policies; understanding and applying the Washington State Budgeting, Accounting, and Reporting System (BARS); and ensuring accuracy and confidentiality of information. Provides leadership, procedural support, and guidance to staff working with capital projects and grants. o Works closely with PWD Managers (6) to help develop annual budget submittals, estimate revenues, track budget performance, identify deviations from expected performance as early as possible, and develop budget amendments when necessary. The position will also provide data and evaluation for updating Public Works capital asset records, including recording and documenting Public Works asset dispositions and trade-ins. Additionally, this position will be responsible for preparing grant agency invoicing and reimbursements to ensure grant and contract work is reimbursed to the City in a timely manner. o PWD is managing over $45,000,000 in approved expense budgets in 2018. The City's General Fund is approximately $43,000,000 with 9 staff focused primarily on general governmental revenues and expenses. PWD has no staff with either formal training or extensive experience in financial management, theory, principles, processes, or regulations. +/- 85% of PWD budgets are something other than general governmental dollars (taxes), primarily grants and utility rate revenues • Graph of City Capital program 2008-2017 for sewer, storm, water, total 112, parks, facilities, and General Fund total • Changes to Public Works Senior Accountant Job Description since 7/19/2018 o Title Changed to Financial Manager for Public Works & Utilities o Pay range reduced to NE -14 (same level as a Staff Accountant) o Position could and would prepare submittals for review and quality control by Finance prior to becoming part of the CAFR or other required financial reports • Staff Recommendation o Motion to Approve Financial Manager for Public Works and Utilities at Pay Grade 14 and Finance Senior Accountant at Pay Grade 15 Edmonds City Council Approved Minutes September 18, 2018 Page 24 Mayor Earling said he was convinced both positions were needed, and he urge Council approval. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE PUBLIC WORKS POSITION AT LEVEL NE -14. Councilmember Teitzel asked if the position would report to him. Mr. Williams said it would. Councilmember Teitzel asked Mr. Williams if he had any accounting training to supervise this position. Mr. Williams answered no, he has managed a lot of money for many years, but has no formal accounting training. Councilmember Teitzel observed this position requires knowledge of BARS and GASB, etc.; he asked if Mr. Williams had considered a dotted line arrangement to Mr. James to help coach this employee. Mr. Williams answered there will need to be compatibility with Public Works, Finance and State standards. He anticipated the Public Works Finance Manager could seek guidance from Finance when necessary. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE AN NE -14 STAFF ACCOUNTANT FOR FINANCE. Councilmember Buckshnis said the decision package last year for a senior accountant was $132,000 with benefits up to approximately $48,000 and was later amended to $200,000. She agreed Mr. Williams needed additional assistance but did not agree Finance needed a senior accountant. She preferred to not approve any additional staff or approve only an accountant position and if there was justification, it could be revisited. She expressed concern with some of the responsibilities for the senior accountant such as long- range planning which is a Council decision. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO EXTEND THE MEETING UNTIL 10:35 P.M. MOTION CARRIED (4-3), COUNCIL PRESIDENT NELSON AND COUNCILMEMBERS FRALEY-MONILLAS AND JOHNSON VOTING NO. Councilmember Tibbott asked the impact of having a staff accountant versus a senior accountant Mr. James answered he would be happy with any extra horsepower even if it was at the NE -14 level, noting Councilmember Buckshnis mentioned if there was justification, it could be revisited. Mr. Williams commented there are possible internal candidates in Finance who would see a senior accountant as a promotion rather than a staff accountant. Mr. James said part of the reason for the higher pay grade was to provide upward movement within the department which has been an ongoing request from the union for years. Councilmember Johnson said the Council approved one position in 2018. The Council will be considering the 2019 budget next month and she preferred to consider this position as part of the 2019 budget. Mayor Earling preferred the Council approve the position now so it can begin to be advertised. Council President Nelson agreed with Councilmember Johnson that the position should be discussed as part of the 2019 budget. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS BUCKSHNIS, MESAROS, TEITZEL AND TIBBOTT VOTING YES; AND COUNCIL PRESIDENT NELSON AND COUNCILMEMBERS JOHNSON AND FRALEY-MONILLAS VOTING NO. 3. 2018 SEWER REPLACEMENT CHANGE ORDER Due to the late hour, this item was omitted from the agenda. Edmonds City Council Approved Minutes September 18, 2018 Page 25 10. STUDY ITEM 11. REPORTS ON COUNCIL COMMITTEES COUNCIL COMMITTEE REPORTS AND MINUTES Due to the late hour, this item was omitted from the agenda. 12. MAYOR'S COMMENTS Mayor Earling hoped to see Councilmembers at the Snohomish County Cities meeting on Thursday at the Embassy Suites. He commented on the memorial service for Ken Gaydos; his children and relatives did an extraordinary job organizing a very meaningful service. 13. COUNCIL COMMENTS Councilmember Buckshnis reminded of Mayor Earling's Town Hall tomorrow at 6:30 p.m. at North Sound Church at 4t' & Bell. Councilmember Tibbott reported on the Green Built Conference at the Lynnwood Convention Center where he met with city planners and developers from around the area. He found it very enlighten from the standpoint of how different jurisdictions handle new developments and how those developments result in new types of housing and commercial buildings. He looked forward to bringing that information to Council and staff. He recommended Councilmembers attend if the conference is held in the area again. 14. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.1100)(i) This item was not needed. 15. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 16. ADJOURN With no further business, the Council meeting was adjourned at 10:33 p.m. 7 DAVID O. EARLING, MAYOR PASSEY, CI - IC Edmonds City Council Approved Minutes September 18, 2018 Page 26