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20190402 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES April 2, 2019 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Adrienne Fraley-Monillas, Council President Michael Nelson, Councilmember Thomas Mesaros, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember (by phone) Neil Tibbott, Councilmember ELECTED OFFICIALS ABSENT Kristiana Johnson, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Alan Compton, Police Officer Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Scott James, Finance Director Mary Ann Hardie, HR Director Kernen Lien, Environmental Program Mgr. Rob English, City Engineer Jeanie McConnell, Engineering Program Mgr. Mike Clugston, Planner Jeff Taraday, City Attorney 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 5t' Avenue North, Edmonds. The meeting was opened with the flag salute. Mayor Earling removed Item 5.2, Snohomish Health District Opioid Report, from the agenda. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with the exception of Councilmember Johnson. Councilmember Teitzel participated by phone. 3. 4. APPROVAL OF AGENDA COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONSENT AGENDA ITEMS COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF MARCH 26, 2019 2. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS Edmonds City Council Approved Minutes April 2, 2019 Page 1 3. NOVEMBER 2018 MONTHLY FINANCIAL REPORT 4. JANUARY 2019 MONTHLY FINANCIAL REPORT 5. REPORT ON BIDS FOR THE 238TH ST. SW ISLAND IMPROVEMENTS & PEDESTRIAN CURB RAMP BARRIER REMOVALS 5. PRESENTATIONS 1. MUSIC4LIFE MONTH PROCLAMATION Mayor Earling said his background includes music which has been an important part of his and many others' lives. He read a proclamation proclaiming May to be Music4Life Month in Edmonds and encouraging all citizens to donate any lovingly used musical instruments they may have to www.Music4Life.oEg and show what financial support they can to this fine home-grown organization. He presented the proclamation to David Endicott, co-founder and president of Music4Life. Mr. Endicott emphasized students who participate in instrumental music programs do better in academic disciplines. However, if their families cannot afford a musical instrument, they are unable to participate in and benefit from instrumental music programs and do not get the basic education guaranteed them by the Washington State Constitution. Music4Life helps as many students as possible benefit from participation in instrumental music programs. He expressed gratitude to Mayor Earling and the City Council for increasing the visibility of Music4Life. 6. AUDIENCE COMMENTS Scot Simpson, Edmonds, submitted 138 petitions requesting the Council reconsider parking for Civic Field. He recalled at the City Council's kickoff meeting for the park, Walker Macy included parking as one of the items for consideration and three Councilmember asked questions about parking. However, the 30 potential new uses proposed in the master plan did not include parking and the 25 activities citizens were asked to consider for the park also did not include parking. He opined there seemed to be a prejudice against creating parking in Civic Park. There were 1,035 votes cast for the 25 items in public meetings, 180 online votes and 141 votes in the field. The petitions he submitted represent more votes than restrooms which received the most votes — 77. It is obvious parking should have been included in the activities for consideration and it is a falsity that it was not. He recalled at the May 7, 2017 meeting, Councilmember Buckshnis said parking was never on table during the master planning process. Julie Stillis, Edmonds, realized the frustration and inconvenience of the late request to revisit the park plan and said she has been accused of coming late to the party. She was under the impression when planning a new park, parking would have been a necessity not an option. She hoped the Council would readdress parking. Michelle Martin, Edmonds, founder and president of the Edmonds Petanque Club, said since 2011 the club has appreciated the support of the Park Department. The club has over 80 members and is growing, they play nearly every day and host tournaments throughout the year. Four members will speak to the Council tonight, Dick Van Hollebeke, David Rockwell and Mari and Paul Dever. She thanked the Council for the time and opportunity to provide information to learn and understand their involvement in the community as well as playing petanque. Mayor Farling requested Parks & Recreation Director Carrie Hite distribute an information sheet to audience members. Dick Van Hollebeke, Edmonds, a 42 year resident, former Councilmember and member of the Civic Field Advisory Committee, complimented Ms. Hite and Walker Macy for the robust and rigorous three-year process of public engagement including three public meetings, three online open houses, a citizens advisory group and numerous stakeholder meetings. He attended all the public meetings and all the citizens advisory Edmonds City Council Approved Minutes April 2, 2019 Page 2 meetings where hundreds of people expressed their ideas and concern for the best park design. The issue of parking arose at every event; in the final analysis there was a consensus opinion that onsite parking would not be included in the park plan. There was a great deal discussion regarding methods to maximize parking spaces in the streets surrounding Civic Park. A move was started by Mike McMurray whose family is developing the Main Street Commons on the corner of 6t' & Main to add 58 parking stalls to Civic Field. He understood why that would interest Mr. McMurray because under his proposed development, the 28 existing parking spaces would be reduced to 8 and more spaces elsewhere would help his development as well as other nearby businesses. There is a better solution to the parking dilemma in the entire downtown Edmonds. As a former Councilmember, he recalled looking for a win-win solution when faced with disputes. The City is commissioning a study to parking and solutions in a holistic manner. He urged the group who were interested in parking in Civic Park to develop a strong presence advocating for solutions to downtown parking but not stop/alter a three year process that involved the entire City in creating a beautiful park downtown. David Rockwell, Seattle, board of director of the Pdtanque Club, said as a member of the club's subcommittee, he worked on the design of the new Civic Field with Ms. Hite and Walter Macy, a fascinating process that included countless hours of work. He publicly thank Ms. Hite and Walker Macy for their work and their attention to the Petanque Club's requests. The evolution of the master plan has been like a puzzle with parts interconnected. His concern with the last minute proposal to alter the master plan was changing a piece of the plan would affect the entire design. The petanque grove is adjacent to a shade pavilion that will provide shade to guests and players and eliminates the need for canopies and reduces their storage requirements. The petanque grove is designed to the inch to maximize the amount of vegetation and landscaping with flexibility for tournament play; changing the design will impede that ability. He cautioned the Council against diverting to a different direction after three years of concerted effort and threatening the overall design, individual components and possibly the funding. He summarized a lot of work and cooperation went into the master plan and he urged the Council to stay the course. Paul Dever, Edmonds, stated the Civic Park project has been a three year process. Walker Macy was hired in April 2016 to complete the design development, permitting, bidding and construction support. To serve citizens in the best way possible, the City has held three physical open houses with a total of over 400 attendees, online open houses with over 1800 views and over 300 responses as well as numerous meetings with stakeholders and other interested parties to best serve the diverse needs and wishes of the citizenry. Stopping this process at the l I" hour would require a huge step back to reconsider many decisions and actions. The cost and work incurred over the last three years would largely be nullified. The delay would be expensive and deprive citizens of the park for an unknown amount of time. While he could empathize with those who want to insert parking into Civic Park, it is unwise to equate Edmonds' parking problems with the design of Civic Park. Adding a parking lot to Civic would only put a small band-aid on a large problem that requires a comprehensive and coordinated approach. Mari Dever, Edmonds, explained for several years the Edmonds Petanque Club has utilized the outdoor courts at Civic Field and they are very grateful for that opportunity. The club enjoys giving back to the community in a variety of ways including the Edmonds Food Bank Tournament and teaching petanque to children at the Boys & Girls Club in the summer, Japanese foreign exchange students, high school French classes, Rick Steves' employees, and many passersby. The club offers an interesting and inexpensive way for people of all ages to mix and enjoy the pleasures of outdoor play. They worked with the City Council from the first public planning meeting and throughout the three year process that included time, energy and considerable expense by hundreds of people. Just as the process is posed to move into implementation, it could be delayed for an indefinite time and cost. Members of the club attended last Friday meeting called by Scott Simpson and everyone agreed parking is a huge concern and it needs to be addressed soon. They discussed potential approaches including creating angle parking on adjacent streets or purchasing land for Edmonds City Council Approved Minutes April 2, 2019 Page 3 more parking. Mr. McMurray even offered to sell his parcel on 6"' & Main to the City for parking. She urged the Council not to delay the park indefinitely and to consider a bigger and better solution to parking. Steve Date, Edmonds, agreed with the request to consider parking within the new park as well as new parallel parking on as many of the boundary streets as possible. The overall parking downtown has been getting worse every year; one of the reasons was the addition of new businesses with no plans for employee parking. The parking permits that employees sometimes purchase only encourage them to fan out into the residential areas surrounding downtown. He referred to the buzz phrase often heard at meetings, keep the downtown vibrant; to businesses he suspected this means profitable but downtown residential neighborhoods also need to stay vibrant which means quality of life. He understood the need for the City to grow to meet the needs of residents and visitors. The only way to make it work is to plan and re -plan and not get stuck defending ideas that may worsen the situation without exploring new ideas. He urged the Council not to get boxed in and discard new ideas to change the plan. With the number of new restaurants and bars on Main Street, he suggested changing the name to Bourbon Street. Greg Brewer, Edmonds, said he attended the first two public meetings to share ideas about Civic Park; he could tell immediately there would be problems with parking because six acres were locked up by a donation from Snohomish County. A lot of things have happened in Edmonds over the last three years which have increased the flow of traffic and he feared traffic into downtown Edmonds would become a wave with the thousands of units being built in perimeter communities. The City is about to embark on a jewel of a park in the center of Edmonds with no parking other than street parking. Although if will be difficult to include parking, the issue needs to be revisited now as considering it later would be more expensive and more difficult. The perimeter of the park has thousands of feet of street frontage including alleys that should be considered for creating parking. Other than the existing ADA spaces, there is very little parking; visitors to the park will be required to park blocks away and some will simply decide to abandon their visit, making it a drive-by park, not the legacy park Edmonds wants to build. He urged the Council to reconsider parking for Civic Field. Pat Woodell, Edmonds, a member of the Civic Park Project Advisory Committee, said on the surface the idea of parking seems simple but there are costs and other considerations. Two years ago the Council approved a design for Civic Park and a lot of taxpayer money has already been invested. She asked for an estimate of how much had been spent on the project to date, not just the design and engineering but staff time and residents and park users attending meetings. If the Council felt revisiting the Civic Park master plan had merit, she asked what the cost to taxpayers would be to change the design to include a parking lot and whether the City would start over with two years of public hearings, City Council meetings and debates to reopen how the park would be used. If so, she asked what that would cost and how a two-year delay would affect the existing grants, when construction of the park would begin, and how the cost of a parking lot compared with other alternatives. Some members of the public are asking the City Council to change a master plan for a project designed by professionals, approved by the public and funded with grants and other public money. She was opposed to off-street parking anywhere in the City without a comprehensive plan for parking. She agreed.that another parking study was not sufficient without a plan of action tied to specific objectives and a timeline. The parking problem will not be resolved by playing "whack -a -mole" with the City's offsite parking inventory and suggested the professionals consider when, why and where parking congestion exists, and how many parking spaces are empty on the City's perimeter. Michael McMurray, Edmonds, said the only parking plan Edmonds has is the one he sent the paper. The park was planned in 2016 but things have changed since then. There is a tsunami of population coming this way. Seattle is the fastest growing city in the nation; since the kickoff meeting for Civic Park, approximately 55,000 people have moved to Seattle and there has been massive rezoning of Edmonds. He anticipated it was going to be a big mess and there was not enough money because the City is tied to large capital expenditures such as the Connector, Civic Park, the Senior Center, etc. The plan can be adjusted and the Edmonds City Council Approved Minutes April 2, 2019 Page 4 schematic updated; it is not as expensive as some think. He disagreed with the argument that this was too expensive, citing the cost of surveys and research, options for crossing the train tracks, etc. Sound Transit has allowed $20M to build a garage near the train station and that is not enough. The petitions were not intended to start another research project to determine how to squeeze out every parking in alleys and on streets. He said his requested to put a parking lot on Civic Park was logical as there are eight acres. Heidi Newitt, Kingston (works in Edmonds), relayed her experience with family living in Edmonds, with the P6tanque Club and Civic Field. She supported the P6tanque Club's desire to retain the court. She loved the idea of a new park and realized parking in Edmonds was a problem but parking is a problem everywhere and there are other solutions. Richard Bush, representing AT&T, spoke regarding the proposed changes to the wireless facilities code. He requested the Council, 1) delay their decision to allow them to continue working with staff on finding solutions of their concerns with the proposed code, and 2) revise the code to allow the relief valve that AT&T proposed to give the director administrative discretion to change requirements based on circumstances in the field. The standards/design guidelines as written will not provide the desired result. The guidelines should create an environment where aesthetics are consistent with what exists. For example the Council Chambers have consistent wood tones and lines; changing the wood panels for painted panels would draw the eye. The proposed code draft will require the replacement of existing wooden utility poles with metal poles. The community currently has wood utility poles with small attachments at the top; the first two priorities require replacing it with a hollow metal pole to accommodate two carriers which will result in four sets of antennas. The new pole can be a maximum of 25 feet which is below the desired height for small cell wireless facilities, placing the lowest antennas at approximately 12 feet, likely not the visual impact the City wants. A lot of the standards are inconsistent with applicable law; the warning signage is inconsistent with federal law. Kari Marino, representing Verizon Wireless, referred to a March 26, 2019 letter that outlines several points that were not addressed in the most recent code update. She expressed support for the points made by Mr. Bush. She cited Sections 20.50.020 and 070, timeframes that are incompatible with the federal shot clock. Regarding Section 20.50.060, the shot clock starts when an application is submitted, 60 days for an existing pole and 90 days for a new pole for review, approval, appeal and Council approved agreements. The small cells design requirements in Section 20.50.030 are based on old 4G designs used in Denver where the topography and vegetation is much different. Verizon is deploying 4G and 5G; 5G wave cannot be accommodated inside a cantenna; it cannot be covered at this point. They are continuing to work with the industry but at this point, they could not deploy 5G in Edmonds based on that language. The pictures on packet pages 552 and 557 would not accommodate a 4G or 5G solution. It is important for the City to have a hierarchy and information as guidelines so providers can try to match that form factor as closely as possible. She agreed there needed to be consistency and she supported the City's aesthetic standard but the City and providers need to work together in the best way possible. She was concerned about the health signage and school setback. She urged the Council to take the additional time necessary to update the City's code in manner that was FCC compliant, would allow the City to maintain its aesthetic standards and the wireless industry to deploy the services that citizens and businesses request. Kathleen Sears, Edmonds, a 59 year resident of Edmonds, read a letter from her husband Bob Maslow, a 37 year resident. He thanked Carrie Hite, Walker Macy and the many others who contributed to the three year design process for the Civic Field Park; they have been thorough, thoughtful and considerate as they weighed the wishes of the Edmonds community. It has been a long process of listening to people with varying interests and the final design is an esthetically beautiful park. The famous landscape architect and park designer Fredrick Law Olmsted called parks the lungs of the city and public pleasure grounds. A recent Seattle Times article described a beautiful tree in Seattle as a contemplative counterbalance to the ever devouring urbanization. Trees and parks restore our soul. He wanted a beautiful place to sit and look at a Edmonds City Council Approved Minutes April 2, 2019 Page 5 community, enjoying a natural environment, and absolutely did not want a parking lot to destroy the beauty of the park. Let's be visionaries and recognize there are both public and private alternatives for transportation including buses, shuttles, taxis, Uber, Lyft, carpools, bicycles, walking, skateboarding, Segways, etc. Remember people like John Muir, Aldo Leopold and Frederick Olmsted who recognized the importance of the natural environment for the enjoyment of future generations. Do not cave in to the shortsighted views that would scar this beautiful park with a parking lot. If this park is the lungs of the city, adding the suggested parking lot is like shoving 58 cigarettes into them. He closed with a modified version of the words of John Muir, stroll through Civic Field Park and get its good tidings. Natures peace will flow into you and your cares will drop off like autumn leaves. Speak for herself, Ms. Sears said living outside the bowl, they are aware of the difficulty finding parking in downtown Edmonds. However, she emphasized the aesthetic impact of parking and asked whether people would rather see a parking lot or greenery. Forest Kirkland, Edmonds, said everyone agrees on the content of the comments tonight, parking. The issues he heard were process, the democratic process where input from the community and experts is sought. Whatever the Council reinforces will have long term implications. When the City implements a democratic process and it is not upheld and reinforced, the Council will be asked to reopen the process on future projects. He reinforced the need for people to get involved in the process. PUBLIC HEARING 1. SHORELINE MASTER PROGRAM PERIODIC REVIEW PUBLIC HEARING Environmental Program Manager Kernen Lien reviewed: • Comprehensive Update vs. Periodic Review o Completed Comprehensive Update June 2017 ■ State adopted comprehensive guidelines for Shoreline Master Programs in 2003 under WAC 173- 26 ■ Jurisdictions across the state were required to update their SMP's ■ Edmonds' SMP adopted in June 2017 was a complete rewrite of the SMP to be consistent with WAC 173-26 o Periodic Review ■ SMA requires each city and county to review, and, if necessary, revise their SMP at least once every eight years. The City's periodic review is due June 30, 2019 ■ State filed WAC 173-26-090 in August 2017, which became effective September 2017 ■ Provides guidance on the periodic update ■ Periodic review ensures SMP stays current with changes in laws and rules, remains consistent with other City of Edmonds Plans and regulations, and is responsive to changed circumstances, new information and improved data. • SMP Periodic Review o May 2018 Council Adopted Resolution No. 1411 ■ Initiating periodic review } SMP Periodic Review Work Program ■ Public Participation Plan o Planning Board Review and Recommendation o Must be completed by June 30, 2019 ■ Period Review Checklist o Summarizes amendments to state law, rules and applicable guidance between 2007 and 2017 that may trigger the need for SMP amendments during periodic reviews o City's SMP comprehensive updated lasted from 2009 — 2017 o Completed checklist identifies items that should be updated in the City's SMP for consistency with state laws and rules Edmonds City Council Approved Minutes April 2, 2019 Page 6 o Identified amendments would not result in substantive changes to the SMP Other review elements o Edmonds Marsh Study ■ Update Shoreline Inventory and Characterization o ECDC 24.80.100 — Public Hearings Shoreline substantial development permit may begin as a Type II staff decision, and change to a Type III decision before the hearing examiner by a written request during comment period Clarification on this process should be added Staff is recommending something similar to the Critical Area Contingent review process detailed in ECDC 23.40.195 o Critical Area Wetland Regulations Next Steps o Bring back for adoption on consent o Once amendments approved by Council, submit to Ecology for review o Becomes effective after Ecology approval Councilmember Buckshnis asked when critical area updates would occur. Mr. Lien answered the Council adopted the critical area update last year via Ordinance 4127. Councilmember Buckshnis commented the Windward memo includes "draft" and asked when that would be removed. Mr. Lien answered Windward was considering updating the map; when the update is placed on the consent agenda, "draft" will be removed from their memo. Mayor Earling opened the public participation portion of the public hearing. There was no one present who wished to provide testimony and Mayor Earling closed the public participation portion of the public hearing. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO FORWARD THIS ITEM TO THE CONSENT AGENDA FOR APPROVAL. MOTION CARRIED UNANIMOUSLY. 8. STUDY ITEMS 1. CIVIC PARK FIELD UPDATE Parks & Recreation Director Carrie Hite explained the City has been engaged with Walker Macy for quite some time, they delivered a schematic plan in the fall, started design development with that plan, and have met with community stakeholders as the design was developed. She introduced Lara Rose, Principal, Walker Macy, who will review the design. They are also prepared to talk about parking which has arisen in the community over the weekend, review the proposed budget and moving forward with development. Ms. Rose commented this is the first official update on the park in about two years. The spectacular vision for this downtown park is a testament to the community. She displayed an aerial view of the park from the March 2017 adopted master plan, the result of an extensive public process. The plan is the result of a delicate balance of interests and views from the community including onsite parking, recreational needs, the desire for a beautiful downtown park space that felt artistic and belonged to Edmonds. Walker Macy is proud of the vision that was achieved working with Ms. Hite and the community. She reviewed: • Schedule o Master Plan Adoption — Spring 2017 o Schematic Design — Fall 2018 o Design Development — Spring 2019 o Construction Documents — Winter 2019 Edmonds City Council Approved Minutes April 2, 2019 Page 7 o Bid - Winter/Spring 2020 Ongoing City Review and Community Outreach o City of Edmonds Review and Coordination ■ Project Advisory Committee (Schematic Design) • Arts Commission ■ Safety Review ■ City of Edmonds Engineers o Ongoing Community Outreach ■ Boys and Girls Club ■ Chamber of Commerce ■ Petanque Club ■ Skatepark Group Image of Schematic Design - September 2018 o Intended to advance master plan and add detail. o Adjustments made to master plan o Added multiuse court o Adjusted scale of features Construction Cost o Construction Budget $10.0M o Schematic Design Cost Estimate $11.3M o Value Engineering Solutions Being Explored: • Simplified Restroom and Shade Structure • Reduction in Lighting ■ Concrete Paving instead of Unit Pavers on 6th Ave ■ Removal of unique surfacing at multi -use court ■ No fencing or lighting at multi -use court ■ Reduction in Cut/ Fill and Stormwater System evaluation • Summary o Play Area ■ Good connections and visibility to playing fields, per community request ■ Will include accessible and nature- inspired features • Encourages exploration and accommodates a range of ages and places for parents to sit o Boys & Girls Club ■ Current park design assumes that existing building and its surrounding conditions remain as is • Dashed line shows potential future footprint of new building of 12,000 square feet • Boys & Girls Club is also considering another site ■ City does not yet have long term lease with Boys & Girls Club o Skatepark ■ Design has been advanced and the focus is on above ground features, due to ground water constraints. • Includes features requested by local skating community, and is well -integrated into the park - Berm and planting - Park connections - Range of skate features - Viewing terraces o Petanque Grove ■ Designed to be more flexible in order to accommodate tournaments and other events ■ Goal is to provide a beautiful park entrance and a flexible, multi -use area ■ Diagrams of petanque grove evolution Edmonds City Council Approved Minutes April 2, 2019 Page 8 — Master Plan — Schematic Design — Design Exhibit ■ Revised Petanque Grove — 6 permanent courts for everyday play — Accommodates 16 temporary courts for tournament play — Total area is 24% larger than master plan — Planting areas are 2.5x larger than master plan planting areas — P6tanque Group has provided input on court size and layout + Soils, Groundwater and Stormwater Management o Site has high groundwater table and areas of peat o Costs of over -excavation and stormwater management have already been accounted for in estimates o Team is working with City Engineers o Winter 2019 • Additional test pits & groundwater readings ■ Direct Discharge Feasibility Study • Various options are being explored including offsite mitigation Parking o Master Plan does not include onsite parking • Was not supported in master plan process ■ General consensus supported eight acres of open space and recreational amenities ■ Parking should be addressed as comprehensive study that looks at parking needs for park site as well as larger area o Preliminary Parking Study ■ Potential conversion of parallel parking on 6t" and 7th to angled parking — Gain 16 spaces on 7" — Fewer spaces gained on 6" due to fire truck access — Potential for additional spaces on surrounding streets, particularly north of the park • Parking within the park — 36 spaces in NW corner and 22 spaces if Boys & Girls Club did not expand — Requires change to adopted master plan and loss of other park features Diagrams of existing parallel parking on 6t" and 7"' and potential conversion to angled parking Potential Parking for Civic Park o Daly Street - Holy Trinity Church (previously Open Bible Church) ■ 32 spaces adjacent to Civic Park ■ 18 spaces across the street ■ Open Bible Church involved in master planning process and interested in partnership for parking lot ■ Holy Trinity pastor interested in exploring options o Edmonds Center for the Arts ■ Some availability of parking o Potential to add angle parking on Daly and Sprague Streets Ms. Hite provided a financial update, advising the table does not include costs in 2016-2018 for acquisition, geotech and survey work: • Civic Park Budget and Assumptions (March 30,. 2019) REVENUE 2019 2020 Total (Fund 125 $70,000.00 $500,000.00 $570,000.00 Fund 126 $750,000.00 $500,000.00 $1,250,000.00 Edmonds City Council Approved Minutes April 2, 2019 Page 9 City GF $2,000,000.00 $500,000.00 $2,500,000.00 Park Impact Fees $500,000.00 '$500,000.00 1,000,000.00 IRCO/Local Parks/YAF $960,000.00 '$1,350,000.00 $1,350,000.00 ]LWCF/State $80,000.00 '$500,000.00 :$500,000.00 :Snohomish County $450,000.00 $450,000.00 Hazel Miller Foundation Engineering Staff '$1,500,000.00 :$1,500,000.00 ,ADA 1Upgrades/Playground $110,000.00 '$110,000.00 'Verdant/Fitness Zone $30,000.00 $100,000.00 '$100,000.00 TOTAL $780,000.00 $10,895,000.00 TOTAL $3,430,000.00 $5,900,000.00 '$9,330,000.00 EXPENSES :2019 2020 Total A&E '$750,000.00 $210,000.00 $960,000.00 Permitting $80,000.00 $80,000.00 Construction $10,515,000.00 $10,515,000.00 Engineering Staff $30,000.00 $60,000.00 '$90,000.00 Const. support/testing/misc $30,000.00 ;$30,000.00 TOTAL $780,000.00 $10,895,000.00 $11,675,000.00 Gap in Funding $2,345,000.00 Assumptions: 0 2020 CIP budget includes additional REET and PIF 2020 GF 500,000 o LWCF Funded at $500,000 Option for addressing the gap in funding o Talking with capital campaign company about capacity in the community o City has bonding capacity o Goal is to solidify budget by end of 2019 Councilmember Mesaros asked how many people use Civic currently. Ms. Hite answered rough guesstimates when state grants were submitted were 20,000 not including the Taste of Edmonds weekend. Councilmember Mesaros asked the expected additional visitors with development of a signature park. Ms. Hite anticipated more people would visit initially because it is a new park, but that will plateau and it will be used similarly to the way it is used today. Councilmember Mesaros asked if that would be 20,000 or 25,000. Ms. Hite said the field could accommodate more use on the grass and it will be more attractive to play on the grass which may increase athletic use of the field. There will also be LED lights. She anticipated the current 20,000 users would increase by approximately 4,000. Councilmember Mesaros summarized approximately a 25% increase in usage. He liked the option to partner on parking with Holy Trinity whose parking lots are typically empty six days/week as well as with the ECA which is only a block away. Councilmember Mesaros said the cost to taxpayers of a capital campaign would be less than bonding. A 20 year bond typically doubles the cost to the taxpayer. Although there may be some costs associated with a philanthropic campaign, in his experience they were less than 10% of the total capital and often considerably less. Councilmember Buckshnis referred to the comment that a substantial amount had been built in for the peat and water issues and asked what they considered a substantial amount, recalling additional costs that were Edmonds City Council Approved Minutes April 2, 2019 Page 10 encountered with the installation of sewer pipes on adjacent streets. Ms. Rose said $750,000 was allocated, approximately 7% of the budget. Councilmember Buckshnis was concerned about the peat, however, other than the Boys & Girls Club there was not a lot of weight in the project components. Ms. Hite relayed they met with the engineering team who learned a great deal from the sewerline replacement project. Most of the design of Civic is built up instead of down. For example, the skatepark was originally poured in place and now will be built up. The water table is high and the peat conditions are unknown. Geotech borings and soil sampling and monitoring wells have been done onsite for the past two years. Councilmember Buckshnis anticipated if there was peat under the Boys & Girls Club building there would have been settling by now. Ms. Hite said the geotech report has been shared with the Boys & Girls Club and their architect is considering that information in their design. Councilmember Buckshnis agreed the offsite parking spaces would be a great addition, particularly the angle parking. Growing up in Portland, there were large parks with no parking; people walked or rode their bikes. Large parks without parking are a fact of being in an urban environment. She acknowledged parking is a problem everywhere. With regard to parking, Council President Fraley-Monillas was interested in reaching a happy medium or a win-win. She commented on the possibility of parallel parking in the alley on the north side and possibly making 6t' & 7" one way to create more parking although she recognized that would be a complication for the police and fire departments. She also spoke in support of time limits on parking east of downtown to prevent ferry commuter parking. Council President Fraley-Monillas asked when the parking study would be completed. Public Works Director Phil Williams said $35,000 was provided in the 2019 budget. An RFQ was developed in January to select a consultant to conduct the study. The draft scope is modest because the funding is modest. The study was not designed to specifically solve parking at Civic Park although that project is mentioned in the scope as one of the changes downtown as well as the 4t'' Avenue Cultural Corridor, private developments, etc. There have been a lot of changes since the last parking study was done in 2003. The study will identify the number of parking spaces that are publicly available as well as some information about private parking, how much of the parking is used, when and how it is used. He was hopeful drones would be used to collect that data. Once the RFQ is circulated for 3-4 weeks, proposals will be reviewed, a company will be selected and staff will negotiate a contract for Council approval. He hoped data could be collected in June, July and August and the report available in the fall. Council President Fraley-Monillas understood this is a bigger project than just downtown. One of the quick fixes prior to the parking study could be to add parking limits on streets east of downtown to prevent commuter and over weekend parking. She asked Mr. Williams' opinion about making 6th & 7m one way. Mr. Williams said he was not a fan necessarily of the idea, there have to be special circumstances for that to make sense. Changing circulation patterns downtown often results in unintended consequences. He noted the subtle marking of parking spaces downtown that encourages people to park more efficiently has added spaces and that could be expanded. He acknowledged there were many things related to parking demand that did not cost a lot and the scope of the parking study as currently outlined would look at those. Council President Fraley-Monillas said she was trying to look outside box. The Council owes the citizens and neighbors some way to increase parking and make it less difficult to live in this area. She has talked to a lot of neighbors in the area regarding the Taste and 4t" of July; most are pretty okay with it, some leave town during events. This may have another impact on them. She supported developing more parking in area and thinking outside the box. Edmonds City Council Approved Minutes April 2, 2019 Page 11 Councilmember Nelson said he has heard a lot about the parking problems and the idea of including parking in Civic Park as solution to the parking problem. The City currently has a parking problem, Civic Field currently exists and one does not cause the other. He was concerned with looking at the park as a viable option to address an existing parking problem. Parking is a problem happening all over the Puget Sound area where development is occurring and natural spaces are being lost. Edmonds is 96.5% built out. Civic Park is a unique area, it should be protected and parking addressed in other ways. He supported taking more urgent action related to parking; he referred to the FCC's shot clock and suggested considering what could be done related to parking within the next 90 days in addition to the parking study. For example, putting in angle parking on 6" &7`" because there is already a parking problem that impacts the neighborhood. Councilmember Teitzel referred to Mr. Van Hollebeke's comment about win-win solutions and asked if the paved tennis court in the northwest corner could be convertible to be used as a tennis court most days and converted to parking for 3-4 food trucks or 10-12 cars during special events. He asked if making that space more convertible would be doable without changing the park design. Ms. Rose said it is not infeasible and is a creative, out of the box solution but it would depend on access requirements and the grade. The space is currently elevated above street so consideration would need to be given to how to bring vehicles into the space. It may not be as simple as looks but they were open to exploring options. Councilmember Tibbott asked about the type and location of the park lighting. Ms. Rose answered they are looking at full sports field lighting for the full-size soccer field, most likely three mast lights on either side of the full size soccer field and pedestrian pole lights 12' high to cast light for people walking in the petanque grove and on the main paths in the park. Councilmember Tibbott recalled discussions in the past about an amphitheater and asked where that was located. Ms. Rose answered there is not a formal amphitheater in the park although they are aware of that desire. One idea would be to shift the area where the picnic tables are; a berm behind could provide informal seating and a great small scale performance space. There are also seating terraces that could provide seating for an outdoor performance although they may be modified because they cross the sewer line. Councilmember Tibbott liked the idea of a small venue for outdoor concerts, recognizing there was the bandshell at Frances Anderson Center and anticipating there could be opportunity for multiple concerts occurring simultaneously. Councilmember Tibbott inquired about ADA parking, particularly with good access to playground. Ms. Hite said there is currently ADA parking on 7t". If that was converted to angle parking, the ADA parking would need to be retained near the entrance to the play area. Consideration is also being given to more ADA parking near the entrance to the park. Councilmember Tibbott asked about the level of confidence in estimated construction costs. Ms. Rose explained they work with a cost estimator whom they have worked with on other projects including a complex waterfront project that has gone out to bid in the current construction climate. The estimator has relationships with contractors and has his finger on the pulse of the current construction climate, etc. and confers with Walker Macy about contingencies. They are very confident about their estimates. They frequently identify alternates that can be priced separately so the base bid is within budget and some extras hopefully will be included. Councilmember Tibbott summarized Walker Macy had a high degree of confidence in their estimates. Ms. Rose agreed. Councilmember Tibbott referred to an earlier comment that developing and building a park is different than building a waterfront center and asked why and how they differed in terms of cost estimates. Ms. Hite answered it depends on the cost estimators; there is a lot that can be discovered about the land and its development versus placing a heavy building on a site with unknowns underground. She referred to increased costs for the waterfront center and did not anticipate that happening on this park project. Edmonds City Council Approved Minutes April 2, 2019 Page 12 Councilmember Tibbott commented one of the benefits of the proposal for the northwest corner of the park is the possibility of a multiuse parking lot and the need for parking. He was uncertain that the estimate of a 25% increase in usage was accurate and anticipated the amenities would result in more usage. He agreed people visiting the park who live outside walking distance will need nearby parking. He was fully supportive of the process, the work done by the citizen action committee and citizen input to not include parking within the boundaries of the park and to identify other solutions. The park is one project and developing solution to parking is another. The parking study will begin to address that. He agreed with Councilmember Nelson that the City did not need to wait for the parking study to pursue ideas for parking downtown. He was very supportive of the plan and excited about moving forward. Councilmember Mesaros said it would take a lot for him to support parking in the sports court area. Sports courts already have lines and parking would add more lines which is confusing for players as well as drivers. He agreed with Councilmember Nelson that there were things that could be done now to address parking and that the park should not be the overall solution to the City's parking problems. He referred to the image of potential parking for Civic Park, identifying 32 + 18 spaces at Holy Trinity which are less than a block away. He suggested staff begin negotiating with Holy Trinity which would provide 50 new parking spaces for use by the City. He acknowledged that was not a solution but it was a step toward relieving some of the parking pressure and something that could happen in the next 60-90 days. Council President Fraley-Monillas asked if staff was considering purchasing or leasing parking. Ms. Hite said that is up for discussion with Holy Trinity. She discussed partnering with the Open Bible Church and a small cost lease. The pastor of Holy Trinity was interested in discussing the possibility and invited her to visit their site. Council President Fraley-Monillas anticipated leasing parking at Holy Trinity could be a solution. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO INSTRUCT MS. HITE TO MOVE FORWARD ON THE EXISTING PLAN AND TO TAKE COUNCILMEMBERS' COMMENTS REGARDING OPPORTUNITIES THAT COULD BE DONE NOW. MOTION CARRIED UNANIMOUSLY. Ms. Hite asked if the Council was interested in having Walker Macy investigate parking on the sport court. Council President Fraley-Monillas said she was not interested in parking food trucks on the sports courts. Food trucks could be located on the Holy Trinity parking lot on occasion. COUNCILMEMBER TEITZEL MOVED TO REQUEST WALKER MACY DO DESIGN WORK TO DETERMINE IF IT'S FEASIBLE TO USE THE TENNIS COURT AS DESIGNED AS A MULTIPURPOSE AREA FOR BOTH SPORTS AND IN RARE INSTANCES FOR OVERFLOW PARKING. MOTION DIED FOR LACK OF A SECOND. Mayor Earling declared brief recess. 9. ACTION ITEMS 1. 2018 NON -REPRESENTED EMPLOYEE COMPENSATION STUDY -UPDATED Human Resources Director Mary Ann Hardie explained every three years the HR department performs a market study of the compensation for the Non -Represented positions to ensure the City benchmarks to the external market based on comparators outlined in the policy to determine they are paid at the median. The study looks at compensation as well as benefits for the 44 positions. Once this information is gathered and analyzed, it is provided to the Mayor who, per policy, makes a recommendation regarding any adjustments. Edmonds City Council Approved Minutes April 2, 2019 Page 13 This study was initially presented to Council in December; the adjustments would take affected January 1, 2019. She reviewed the recommended changes: 1. Adjust the salary/wages of the identified positions that are out of alignment with the market median salary/wages per attachment "2018 Non -Represented Employees- Classification listing (with recommended adjustments)" effective 1/1/19. a. Adjust Court Administrator from level 13 to 14 b. Adjust public Disclosure & Records Mgmt. Spec. from level 1 to 3. c. Adjust Human Resources Assistant (part-time) from (hourly) 23 to step 3 to make competitive and in line with market median. 2. Provide a one-time, $500 per employee contribution to a health retirement account (HRA- VEBA) for each position to help defray the increased costs of the health insurance plan change that occurred on 1/1/18 and to provide organizational internal equity effective following the approval of this recommendation. The total cost for the above recommendations is $42,068. It is under the purview of the Council to examine the policy and make any recommended changes. The packet includes information regarding other elements of compensation. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE RECOMMENDED CHANGES. Council President Fraley-Monillas said the VEBA was provided to all Represented employees although most received a higher amount and she encouraged the Council to support that recommendation. She also encouraged the Council to support the adjustments for the three positions; Council Executive Assistant Maureen Judge's research found the three positions were underpaid and the adjustment was warranted. Councilmember Buckshnis asked why this was not included as a decision package in the 2019 budget. Ms. Hardie said she was not aware that a decision package was required. Councilmember Buckshnis suggested in the future salary increases be included as decision packages as was done by other departments. She referred to the decision package for the arborist and asked how that differed from this. Councilmember Teitzel referred to Council President Fraley-Monillas' comment that research had been done to determine the recommendations were reasonable and said he never saw the result of that research and questioned why it was not shared with the Council. Council President Fraley-Monillas said it was included in the packet; the research confirmed Ms. Hardie's research. Councilmember Mesaros referred to Councilmember Buckshnis' comment that there was a decision package for the arborist, a new position. He asked if there were typically decision packages for upgrades in positions. Mr. James said this item was scheduled for November committees which were canceled, eliminating the opportunity to brief Council in advance. The past practice has been to include salary requests in non -departmental but there was not an opportunity to do so. Next year, the intent is for this discussion to occur before the budget is presented to Council. Mayor Earling said there has been some misconception regarding the number of Non -Represented positions under discussion. There were efforts on several occasions to meet with Council President Fraley-Monillas to discuss the finding of their research and to this point there has not been an opportunity to do so. He emphasized the directors have not yet been addressed. His firm belief is there are seven highly qualified people in management positions and there needs to be a way to address that issue. They are professionals who do legitimate, hard work every day, giving good information to the Council and to him, and having some level of frustration for four months is not acceptable. Edmonds City Council Approved Minutes April 2, 2019 Page 14 In response to Mayor Earling's comment, Council President Fraley-Monillas said some of the confusion was the agenda memo that stated a one-time $500 per employee contribution to health retirement account did not specify that it went to each Non -Represented employee. She read that as the one-time $500 per employee was for directors only. The Council will soon receive Mayor Earling's request that each director receive what she believed to be a substantial raise beyond this year's COLA and beyond the $500. All directors, with the exception of one, are at the top end of the scale and the Mayor Earling is interested raising them above the top of the scale. In at least one case, that will bring the person's pay close to the salary of the Washington State Governor. Research is being done of other cities and government entities. Salaries in the private sector can be increased as one pleases; but the City, as a government entity, has to be more cautious about salaries. Due to Mayor Earling's response last week, the director positions, the assistant police chief and police chiefs salaries are being researched. She assured the Council would be provided that research prior to it being presented. Councilmember Mesaros asked when the research started, who was doing the research, and when the research will be completed. He was surprised to see the packet did not include the directors as they have traditionally been part of the Non -Represented employees. He asked who made the decision to separate the directors from the other Non -Represented employees. Council President Fraley-Monillas said the directors received a 3% COLA as well as $500 per employee VEBA which all the Non -Represented employees received. Mayor Earling is asking that their salaries be increased above the band for their positions. Ms. Judge is doing the research but unfortunately people have given her many other projects which is delaying the research. Councilmember Mesaros asked why the Human Resources Department which is designed to answer those questions is not doing the research. Council President Fraley-Monillas said HR has already provided the compensation study they did; she and Ms. Judge are trying to verify those numbers. Councilmember Mesaros asked if Council could act on the information that HR provided. Council President Fraley-Monillas said it was in the December packet. It was not included in tonight's packet because she and Ms. Judge are continuing to research. Councilmember Mesaros said he will review the matter with Ms. Hardie. Mayor Earling commented regardless of the research intended to be done, it has been four months. Councilmember Buckshnis assured the directors Council believes they are doing a good job. Her concern was the process and including increases in non -departmental as placeholder. Mayor Earling commented if employees were supposed to be feeling love, it did not exist at the director level. MOTION CARRIED UNANIMOUSLY. 2. WATERFRONT CENTER FINANCIAL UPDATE Parks & Recreation Director Carrie Hite explained the City signed a long term land use with the Senior Center to demolish the old building and build a new building. An amendment was presented to City Council in October/November making changes to the lease so the City was responsible for development and construction of parking lot and frontage improvements. Within the lease are threshold decisions for the City Council in the process of the project. The Council approved the footprint and schematic of the Waterfront Center on the site. The next decision, which staff is requesting tonight, is on design development of the Senior Center. The third decision is final approval; if the Council is comfortable, that decision can also be made tonight. Campaign Director Daniel Johnson referred to a letter from Gary Haakenson, Campaign Co -Chair, recalling on April 17, 2018 when the schematic design was presented $9.7M had been raised. A year later Edmonds City Council Approved Minutes April 2, 2019 Page 15 they have raised $12.7M, raising $3M since the last meeting. Also at that April 17, 2018 meeting, they announced an increase in the project budget from $11M to $16M. The packet states $12.55M has been raised; last week Verdant informed they approved the Center's $195,000 request. Gifts in the last 8 months have included: ■ An additional $1M from Rick Steves (total gift $4M) • $1 M from John Osberg ■ $200,000 from Hazel Miller Foundation (total gift $500,000) • $130,000 from local Rotary Clubs (to name multipurpose room "Rotary Room" 0 $100,000 from a local family foundation 0 $75,000 from a prominent Edmonds family Mr. Johnson said their primary focus is on individual donors and they have a $2M goal from government which includes state, tribes, and county as well as additional funding from foundations and community giving Campaign Cabinet Member Terry Vehrs said the campaign committee has been meeting regularly with a strategic plan to proceed piece by piece and person by person to meet their goal. They are looking at those same funders for short term loans. Some of the recent donations challenge other families to make donations. He was confident they would reach their fundraising goal. Mr. Johnson said there is $1M in major gifts pending. Mr. Johnson said they have prepared for the possibility that all funds will not be raised by the time the Center opens. The proforma assumes $2M in financing and demonstrates the ability to service that debt if it is necessary. They are pursuing both bank financing and private lending. The Center has retained Semble, a company based in Bellevue that facilitates nonprofit lending which often includes a combination of private financing and bank financing. Semble is an online platform that contains the Center's financial plans, strategic plan, business plan, project costs, images, etc. Potential lenders select the amount they want to lend and the interest rate (04%). Three lenders have subscribed and two individuals have made verbal commitments. They are confident this model will allow them to reach $2M in loans if needed. Mr. Johnson introduced Heather Krause, Senior Center Board of Directors, Finance Committee and Capital Campaign Committee. Ms. Krause explained she is a financial advisor with RBC Wealth Management, has an engineering and financial background and has partnered in Seattle on a non-profit capital campaign. Semble is an interesting, modern online platform that allows nonprofits to tap into resources that people are willing to pledge to loan but not fully commit to loan. Ferrell Fleming, Executive Director, Edmonds Senior Center, acknowledged sustainability is an issue. Mr. Steves recognized the Center has been $10,000480,000 in the black every year in the old building; a new modern building will attract more people and he could not see that that would not be profitable. The proforma, which firms up the projections, is the work of Chris Wolfe, the Senior Center's Accounting Manager. The Center recently engaged JGL Food Service Consultants and he encouraged the Council to review their report which firms up plans for food services in the new Center and provides reasonable numbers. JGL introduced the concept of money to be made in the catering business and for the Waterfront Center to receive a percentage. JGL proposed that one caterer handle the lunch program as well as cater events. JGL has worked with the Nordic Museum which has a community cafe. The intent would be to have a caf6 where low income seniors could get a good meal at a reasonable price and be open to the general public at market rates. Community cafes tend to lose money; the caterer will do both if they are guaranteed catering revenue from other events. Mr. Fleming said the thrift store is doing better in its new location but requires the payment of sizeable rent. Following the three year lease, the thrift store likely will return to the Waterfront Center. The proforma Edmonds City Council Approved Minutes April 2, 2019 Page 16 projects beginning in 2020 a modest overall net return and then fairly sizeable net returns, more than enough to cover debt service if necessary. The debt service is based on carrying $2M through 2025; they do not intend to need the loans, but if they do, they intend to retire them before 2025. Councilmember Buckshnis announced she is on a leave of absence from the Edmonds Senior Center Board to ensure there was no conflict of interest. She appreciated the assumptions and footnotes. She asked about the link to Semble. Mr. Johnson offered to send it to Ms. Hite. Councilmember Buckshnis asked if the Senior Center Board has approved the catering idea. Mr. Fleming answered there had not been a formal approval; it will be discussed at the next 1-2 board meetings and likely a decision made summer/early fall to proceed. Given their financial limitations, senior services is unable to provide quality food that seniors deserve. It may be possible to use federal funds that subsidize the senior nutrition program. Most successful food programs are catered. Councilmember Buckshnis asked what happened if a wedding wanted to use their own caterer. Mr. Fleming said there might be a rare exception but if someone wanted to rent the facility, they would be required to use the Center's caterer. With regard to signed contracts, Councilmember Buckshnis said a signed contract was provided although the numbers did not reconcile. She asked about a contract with W.G. Clark. Mr. Fleming introduced Jim Bray, Senior Project Manager, Director of Special Projects Groups, W.G. Clark, who explained they have been working with the Senior Center for two years developing constructability reviews and budgets for the project. Schematic drawing (SD) and design development (DD) budgets have been produced and submitted to the Senior Center. They are currently working on the third budget, the guaranteed maximum price budget, on which they will enter into contract with the Senior Center. The SD budget relied on their expertise and historical data, the DD budget is based on subcontractor outreach. There was less than $300,000 difference between the SD and DD budgets. They are in their third week of bidding to subcontractors for hard bid pricing and area getting favorable input. The mechanical, electrical, plumbing, fire sprinkler and elevator contractors have already been secured as design build and their budgets have not changed since the beginning. Their confidence is high in developing the budget to maintain the $12M cost and he did not see that changing at this point. Councilmember Buckshnis asked if the market was softening or accelerating. Mr. Bray said it is on a plateau; costs are not increasing or decreasing and maintaining a stable level. Councilmember Buckshnis asked about increases due to steel tariffs. Mr. Bray answered there is a possibility that steel costs will increase, but the steel quantity on this building is small because it is basically a wood frame structure. At this point, they are carrying a 5% contingency for construction and design and a 2.5% escalation clause to protect against material and labor increases, a total of $830,000. Councilmember Mesaros was glad to see cash flow projections in the packet, noting between now and spring the project only needs $5M in cash flow to start the project. With the success of raising $3M over the past year, that gives the project another year to gather those resources and possibly minimize the need for financing through Semble. In his career working with nonprofit organizations, Semble helped a number of other organizations in the Puget Sound regional and around the country. It is a novel, fairly new idea but it has realized some success. Councilmember Mesaros commented once a project starts, there is an opportunity to do hard hat tours. He has worked on a number of projects where 80-85% of the funds were secured before the project began; the hardest money to raise is the last 15%. Once people see the project becoming viable, it loosens people's spirts and allows them to donate. He was encouraged by the fundraising efforts and has met with the fundraising committee a couple times and had discussions with Gary Haakenson and their strategies are moving forward in a positive manner. Edmonds City Council Approved Minutes April 2, 2019 Page 17 Councilmember Mesaros asked the deadline to use the funding provided by the State. Mr. Fleming said the first appropriation of $1.25M was for the 2015 biennium and was rolled over into the 2017 biennium which ends June 30, 2019, less than 3 months away. That is the reason for their concern about moving forward; they have until June 30, 2019 to spend those State funds. Councilmember Mesaros asked what staff expected of Council tonight. Ms. Hite answered there were two decision points, 1) approval of the design development documents, and 2) final approval. The lease states the Senior Center shall undertake no demolition, construction, alteration or changes on or to the property without the prior written consent of the City which shall be within the discretion of the City to withhold or deny. In applying its discretion, the City shall consider among other factors deemed relevant by the City Council the extent to which the Senior Center has secured sufficient capital and/or financing to complete the construction of the building, the construction of other improvements to the property and other related financial obligations. If the Council provides final approval, she will work with Mayor Farling to prepare a written consent for the Senior Center to proceed. Having heard the plans for the estimated fundraising gap both at the Finance Committee and tonight, Councilmember Tibbott said he was impressed with the plan and the multiple streams of fundraising and was confident the Center will complete its fundraising. Mr. Fleming said they have an extraordinary team engaged in fundraising. He agreed ground breaking would be a key point in fundraising. Councilmember Tibbott agreed enthusiasm for the project is growing. Mr. Fleming advised the Senior Center Board considered and approved the new proforma at their last meeting. Council President Fraley-Monillas referred to the projection for 102 annual rentals. Mr. Johnson said that was first developed by Mr. Wolfe and confirmed by JGL Consultants. JGL visited comparable venues and met with four caterers/restaurants who were interested in the Senior Center business and developed those projections. Council President Fraley-Monillas commented the Senior Center has had a sliding rental scale for non -profits, the City, etc. Mr. Johnson said there will still be a sliding scale; that was a condition of two major gifts, the Campbell Auto Group and Rick Steves, to ensure the venue was available to the community and to nonprofits in particular. Mr. Fleming said nonprofit fundraisers are generally in the off season, not the wedding season. Council President Fraley-Monillas asked if the facility would be available for rent by a nonprofit during the wedding season on a weekday. Mr. Johnson said yes. He noted there are also community rooms on each floor available for community groups. Councilmember Teitzel said he did not see risk factors in the proforma on revenue projections. Weddings with 150-200 attendees would suggest a need for 60+ parking spaces. There are 60 spaces total in the public parking lot so not all the spaces can be reserved which means parking will be constrained. He asked whether parking constraints had been taken into consideration as a risk factor in achieving revenue projections from large events. Mr. Fleming said comparable centers that the Waterfront Center would compete with have similar parking issues. People choose come to the center due to the location and the magnificence of building. As they do now, people attending a large event will park creatively, carpool, etc. The Senior Center wants to be part of the parking solution for the City generally because they will be adding to the problem on the waterfront. They have always made it very clear that parking is an issue for large events. COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCILMEMBER MESAROS, FOR DESIGN APPROVAL AND FINAL APPROVAL OF THE OPTION TO LEASE. Mr. Taraday clarified there are two decision points, 1) design development approval, and 2) green light to demolish. Councilmember Nelson said he combined both in his motion. Ms. Hite advised Sally Knodell, Senior Architect, Environmental Works, has a presentation regarding design development if the Council wants to see it. Edmonds City Council Approved Minutes April 2, 2019 Page 18 MOTION CARRIED UNANIMOUSLY. 3. ADOPTION OF UPDATED WIRELESS COMMUNICATION FACILITIES REGULATIONS IN CHAPTER 20.50 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE INCLUDING SMALL WIRELESS FACILITIES Planner Mike Clugston explained staff has been working over the last several months to update the wireless regulations to include small cell facilities due to the April 16, 2019 deadline to adopt aesthetic regulations. The redlined ordinance in Attachment 2 includes changes made since the March 26"' meeting. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO EXTEND THE MEETING UNTIL 10:15 P.M. MOTION CARRIED UNANIMOUSLY. Mr. Clugston reviewed: • Council recommended changes: 1. At the March 26th meeting, Council proposed buffers around schools to protect child safety. The FCC and the Telecommunications Act of 1996 prohibits local jurisdictions from passing any regulations regarding the environmental effects from radio frequency emissions 2. Add safety signage to small cell installations. Language to that effect is included in ECDC 20.50.130.C.6. 3. Reinsert map request from applicant for master permit applications. This has been done. (See ECDC 20.50.020.C.2.d.) • Staff proposed changes: 1. Add discretion for Council to allow innovative designs through the master permit process (ECDC 20.50.020.C.2.e). 2. Revise Location Preference #1 (hollow utility pole) to allow attachment to the exterior of a pole using a unified enclosure if technical infeasibility is demonstrated by a wireless provider (ECDC 20.50.130.D.i). Mr. Clugston requested Council adopt the ordinance in Attachment 1, noting if adopted tonight, it will meet the FCC's deadline for adopting aesthetic regulations by April 14, 2019. Councilmember Buckshnis thanked staff for addressing her issue with maps. She liked the changes and asked whether the regulations allowed collocation. Mr. Taraday said the ordinance allows two totally concealed facilities to share a location on a pole, but not two unconcealed on one pole. Councilmember Buckshnis feared unconcealed facilities would result in astronomical amount of visual pollution. She wanted facilities to be concealed if possible. She thanked staff for the explanation about the buffer around schools. Councilmember Mesaros referred to a comment from the industry during Audience that a cantenna does not allow for 5G to be enclosed. He asked whether that had been discussed with the City's technical expert. Mr. Taraday said that is true as of now, the industry is still working on a way to fully conceal 5G antennas so it is not visible and will still work. The technical expert the City hired, Raycap Stealth, anticipates they are close to a material that allows a fully concealed 5G antenna to operate properly. Councilmember Mesaros recalled a comment last week that necessity often brings better invention. This is an opportunity for those with the necessity to determine a way to conceal. Councilmember Tibbott asked if the pole height in the ordinance could accommodate new installations. Mr. Clugston anticipated it could work and if not, as part of the master use agreement, the provider could request 35 feet. Councilmember Tibbott said his preference would be one pole with two companies collocated and if they needed an additional height, it would be worthwhile to consider. He asked if a Edmonds City Council Approved Minutes April 2, 2019 Page 19 cantenna would be allowed on top of a 25 -foot pole. Mr. Clugston answered not as currently drafted but that could be considered via a master use permit. Councilmember Tibbott referred to a 3G or 4G installation in his neighborhood inside a silver metal pole. They requested it be painted to match the surrounding trees; it was painted brown and blends with the surroundings. He asked if that would be done for these installations. Mr. Clugston advised there is a standard for that in the code and it will be addressed in the utility wire chapter of the code 18.05. Council President Fraley-Monillas said someone sent her a picture of enclosed 4G in California or Colorado. She asked the difference between 4G and 5G. Mr. Clugston said the difference is the wave length that the antennas use; 5G uses a wavelength does not go through most materials. The concealment industry is trying to design materials that will be transparent to 5G. He said 4G can be concealed which was the reason they were requesting the industry look at concealing 5G. Council President Fraley-Monillas commented this has been a lesson for all; she now looks at poles and wires when driving around that she never noticed before. For Councilmember Tibbott, Councilmember Mesaros said the 25 foot height limit is for freestanding poles, not an antenna on an existing pole. Councilmember Teitzel said his primary concern is not aesthetics but human health. He read from 20.50.010.A, "The purpose of this chapter is to regulate the placement, construction, modification and appearance of wireless communication facilities, in order to protect the health, safety and welfare of the public..." He did not see anything in this ordinance related to protecting the health of the public. Further, the FCC has not yet concluded whether small cell wireless is safe or unsafe for humans. He had a major concern about the potential health effects of small cell wireless including 5G when it is rolled out. He asked what legal recourse does the City have to take action if peer review research is brought forward that shows harm to human health. Mr. Taraday responded that is a tricky question because the issue of local regulatory power over RF emissions is fairly clearly preempted by federal law. He recommended the City continue working with federal legislators to put pressure on the FCC to ensure they are being responsive to the latest research on human health impacts and if that type of research becomes available and the City Council wants to direct him bring a suit in federal court for declaratory relief, they could try to do that. He cautioned it will be a steep hill to climb. He did not recommend including anything in the code that address that issue because it is fairly clearly preempted by federal law. The best courses of action are at the federal level via federal lawsuit or federal legislative work. A large number of cities are currently suing the FCC over that order and it is possible they will get relief on behalf of all jurisdictions via the federal court system. Either the FCC will be required to take some meaningful step toward human health protection or some local control will be reinstated via the court system. As of now, until the courts rule on that case, there is little the City can do other than lobby the congressional delegation. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO EXTEND THE MEETING UNTIL 10:25 P.M. MOTION CARRIED UNANIMOUSLY. Councilmember Nelson echoed Councilmember Teitzel's concerns and frustration because the City government is unable to have any say in the health and safety and the federal preemption on everything other than aesthetics. He said the City may want to entertain joining the federal lawsuit in future but with the limited amount of time, the City is running out of options. He thanked staff for their work to get the regulations to this point but was profoundly frustrated on how little the Council could do with regard to cell towers in the City. Edmonds City Council Approved Minutes April 2, 2019 Page 20 Councilmember Buckshnis referred to the comment by the industry representative during Audience Comments about the shot clock and that the permitting timeframes were not sufficient. Mr. Taraday said the 60 and 90 day shot clocks are what the FCC approved. The industry's concern may be that the time it takes the Council to approve the master use permit would not be compliant with the shot clock. It was not clear whether approval of the master use permit was subject to the shot clock. If it was assumed it was, there was nothing in the code making it certain the City Council would not act within the 60 or 90 day timeframe. It is possible the master use permit would be approved within the shot clock timeframe. The shot clock only becomes an issue if the City Council fails to act within the requisite period of time. As long as the Council acts within the requisite period of time, there is no shot clock violation. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE ORDINANCE NO. 4147, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 20.50 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE, ENTITLED "WIRELESS COMMUNICATION FACILITIES." Councilmember Buckshnis commented all Councilmembers are concerned about health issues. MOTION CARRIED UNANIMOUSLY. 10. MAYOR'S COMMENTS Mayor Earling commented the Council had a number of tough issues on the agenda tonight and had done well getting through them. He announced his appointment of Margaret Stafford to the Economic Development Commission. 11. COUNCIL COMMENTS Councilmember Teitzel said he was in Ventura, California where it is sunny and 82 degrees. Councilmember Tibbott announced his appointment of Darrol Haug to the Economic Development Commission. 12. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.1100)(i) This item was not needed. 13. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 14. ADJOURN With no further business, the Council meeting was adjourned at 10:21 p.m. _C5 DAVID O. EARLI G, MAYOR PASSEY, CITY CLEA Edmonds City Council Approved Minutes April 2, 2019 Page 21