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City Council Special Meeting Cancelled Auto captions

Tuesday, April 19, 2022

6:30 PM · 1h 21m · Council Chambers, 135 E. Sunset Way, Issaquah WA
0:00 and then we'll start the meeting
0:11 good evening i would like to call this
0:12 special meeting of the issaquah city
0:14 council to order at 6 31 pm
0:18 as a reminder we continue to have a
0:20 remote aspect to our meetings so both
0:22 staff and members of the public may be
0:24 participating in tonight's meeting
0:26 remotely via webex
0:28 also tonight the mayor will be joining
0:30 us around 7pm and is running late so i
0:33 am starting the meeting off and we'll
0:35 turn it over to her when she arrives
0:38 so at tonight's meeting we have one
0:41 agenda item which is a quasi-judicial
0:43 closed record decision on the issaquah
0:45 school district's providence heights
0:47 combined elementary and high school
0:49 campus project
0:51 please note that because this is a
0:53 closed record quasi-judicial matter the
0:56 city council's decision is limited to
0:58 the record developed by the development
1:00 commission and no new public comment or
1:02 testimony will be accepted this evening
1:06 so with that we'll start with our one
1:08 and only agenda item which is ab 78350
1:12 quasi-judicial closed record decision on
1:14 the esquire school district providence
1:16 heights project
1:18 so again the purpose of tonight's
1:19 meeting is for the city council to
1:21 deliberate and make a decision on the
1:23 master site plan msp20001
1:30 the site development permit sdp 20-0001
1:36 and five administrative adjustments of
1:38 standards aas20012
1:43 aas21-0001
1:48 aas21-0002
1:52 aas2
1:56 aas21-0006
2:01 for the providence heights consolidated
2:03 high school and elementary school campus
2:06 the order of tonight's meeting will be
2:09 the appearance appearance of fairness
2:11 disclosures which are necessary due the
2:13 quasi-judicial nature of these
2:15 proceedings
2:16 a staff presentation outlining the
2:18 project
2:19 deliberation by the city council which
2:21 may involve the city council choosing to
2:23 convene in a closed session to consider
2:25 this item and finally council will
2:28 render a decision this evening via
2:30 resolution if they are ready to do so if
2:32 not the meeting will be continued to
2:34 another date
2:36 so the appearance of fairness
2:38 disclosures in quasi-judicial actions
2:41 are those that
2:43 those actions which determine the legal
2:45 rights duties or privileges of specific
2:47 parties in a hearing per state law
2:50 quasi-judicial decisions require certain
2:52 disclosures by members of the
2:54 decision-making body in this case the
2:56 city council
2:58 so city clerk would you please proceed
3:00 with questioning the city council
3:01 regarding the appearance of fairness
3:03 disclosures
3:10 [Music]
3:11 good evening for the record this is
3:13 rachel turpin the city attorney hello
3:15 council can you speak up a little bit i
3:18 sure can i can speak directly into the
3:20 michael i'll just bring it closer closer
3:22 to me i'm short so i have to do that
3:25 good evening city council
3:29 staff members of the public
3:33 this evening's decision is a
3:34 quasi-judicial decision which means that
3:37 it is
3:39 a matter that is
3:40 governed by what's called the appearance
3:43 of fairness doctrine
3:45 under the appearance of fairness
3:46 doctrine
3:47 proceedings are required to be fair both
3:50 in fact and appearance
3:52 which is similar to a courtroom setting
3:55 this means that what are called ex parte
3:58 communications are prohibited
4:00 ex-parte communications are
4:02 communications that are outside of the
4:05 hearing or the meeting between the
4:08 decision makers which in this case is
4:09 the city council
4:11 and either opponents or proponents of
4:14 the project
4:15 the or the matter at hand which in this
4:17 case is the izakawa school district
4:19 project
4:21 if such communications have occurred
4:24 the record of the substance of those
4:26 communications must be placed on the
4:29 record in order to allow other
4:31 interested parties
4:33 the right to rebut those communications
4:36 and essentially challenge the council
4:38 members who engaged in those
4:40 communications the test of a potential
4:43 violation of the appearance of fairness
4:45 doctrine
4:47 is whether a disinterested person
4:50 having been apprised of the totality of
4:53 a decision maker's personal interest in
4:57 the matter being acted upon
4:59 be reasonably justified in thinking that
5:02 partiality may exist
5:06 decision makers who have a personal
5:08 interest
5:09 who have prejudged the issues
5:14 have partiality
5:16 in the matter are disqualified from
5:18 participating this evening
5:21 so right now the city clerk is going to
5:24 ask you all a series of questions that
5:26 you
5:27 must answer truthfully
5:35 all right i'll read the questions and
5:36 then look for and keep my ears open for
5:39 any responses so with regards to the
5:41 outcome of this proceeding do you have a
5:43 personal interest financial or otherwise
5:46 in the outcome
5:49 i hear no response
5:51 does your employer have an interest
5:53 financial or otherwise in the outcome
5:57 there's no response
5:58 do you have any familial social or
6:00 business relationships or connections
6:02 with any of the parties or non-parties
6:05 who have an interest in the outcome
6:08 okay i see three hands raised
6:11 go ahead we'll start with council member
6:12 d michelle
6:14 thank you i have a social relationship
6:16 with issaquah school board member marnie
6:18 moraldo
6:19 i am the board chair and she is the
6:21 executive director for influence of
6:23 choice a youth substance abuse
6:25 prevention non-profit organization
6:28 as elected officials both director
6:30 maraldo and myself have strictly
6:32 observed the rules regard regarding
6:34 quasi-judicial hearings
6:36 have never spoken about any aspect of
6:38 the project and have always had at least
6:41 one other individual and often many
6:43 others present during our influence to
6:46 choice meetings so we have never been
6:47 alone together since
6:49 both before and since the site plan
6:51 application was filed
6:53 our relationship has not biased me for
6:55 against this project and i am confident
6:58 that i could remain impartial in these
6:59 proceedings
7:02 thank you council president walsh
7:06 thank you i want to disclose that i have
7:08 children
7:09 who are students in the squash school
7:10 district but this has not biased me in
7:13 any way for or against the project
7:16 and i'm confident in my ability to
7:18 remain impartial
7:21 council member hunt
7:24 thank you i have a child who is a
7:27 student in the issaquah school district
7:28 but this has not biased me in any way
7:30 for or against the project and i am
7:32 confident in my ability to remain
7:34 impartial
7:37 council member joe
7:39 thank you i have one child in the school
7:42 district
7:43 and another child that's doing remote
7:44 learning through a state accredited
7:46 program
7:49 but this is not
7:50 biased me in any way or against the
7:52 project
7:53 i'm confident my ability to remain
7:55 impartial through this process
7:57 also
7:58 i want to reveal that i have a social
8:01 relationship with the superintendent
8:05 of the school district we are both in
8:06 the rotary club together
8:10 i have never spoken to him about this
8:12 project and he has not approached me in
8:14 any way shape or form about this project
8:16 um all of our conversations to the best
8:19 of my recollection have been
8:21 social in nature and this
8:23 project never came up in our
8:24 conversation so i believe
8:26 that
8:27 it has not biased me in any way if we're
8:29 against
8:30 the
8:31 project tonight and i'm confident in my
8:34 ability to remain impartial through the
8:36 process
8:39 thank you are there any other council
8:40 members with the disclosure
8:45 all right the next question do you have
8:47 any special knowledge about the
8:48 substantive or the merits of this
8:50 proceeding which would or could cause
8:52 you to prejudge the outcome
8:57 i hear no response
9:00 will there be any prospective employment
9:02 for you or your family as a result of
9:04 the decision
9:07 hear no response
9:09 do you own or control property within
9:11 300 feet of the subject property
9:15 you're no response
9:17 have you had any ex parte communications
9:20 regarding this project
9:22 i see some hands raised let's start with
9:24 councilmember martz
9:26 thank you
9:27 two things uh first several times over
9:30 the past two months i have been
9:31 approached by parishioners at st michael
9:33 and all angels episcopal church here in
9:35 issaquah regarding this matter before us
9:37 this evening in both cases i stopped
9:39 them before they had been able to convey
9:41 any information to me and said i would
9:43 not be able to discuss the matter in any
9:44 capacity with them due to the
9:46 quasi-judicial nature of the proceeding
9:48 conversations did not bias me concerning
9:50 this project and i am confident i can
9:52 render an impartial decision in this
9:53 proceeding
9:55 secondly on april 18th 2022 i received a
9:58 letter from the law offices of
10:00 j richard aramberu pllc email contained
10:04 an attachment entitled comment to icc
10:07 dot ppua re-isd it was immediately
10:10 apparent to me that this email and the
10:11 letter likely related to this project
10:13 which is a quasi-judicial closed record
10:15 decision accordingly i did not open or
10:17 read the attachment i have not been
10:18 biased by the unsolicited receipt of the
10:20 letter which i did not read and i am
10:22 confident i can render an impartial
10:23 decision in this proceeding
10:27 thank you council president walsh
10:30 thank you on april 18
10:32 2022 i also received a letter from the
10:35 law offices of richard aramburu pllc
10:39 that email contained the same attachment
10:41 entitled comment to icc.ppua
10:44 re uh isd
10:46 and it was immediately apparent that it
10:48 was related to a quasi-digital matter
10:51 and so i immediately emailed our legal
10:54 team to make sure that we should not
10:56 read it i have not opened the attachment
10:58 and i have not been biased by the
11:00 unsolicited receipt of the letter which
11:02 i didn't read i'm confident i can re uh
11:06 render an impartial decision in this
11:07 proceeding
11:10 thank you deputy council president hall
11:13 thank you very much similarly similarly
11:16 to what you've just heard
11:17 yesterday on april 18th i received that
11:20 same letter from the law offices of
11:22 uh j richard aramburu pllc which
11:25 conceived that same attachment comment
11:27 to icc ppua regarding isd
11:31 and it was immediately obvious to me
11:33 that it was
11:35 a form of communication that i'm not
11:37 allowed to open and read as we're in a
11:39 quasi-judicial close record decision
11:42 and i do not believe that i've been
11:44 biased by the unsolicited receipt of
11:46 this letter and i'm confident i can
11:48 render a impartial decision in this
11:50 proceeding thanks
11:52 thank you councilmember ray
11:55 thank you on april 18th 2022 i received
11:58 a letter from the law offices of j um
12:00 richard ambrou pllc the letter contained
12:03 an attachment entitled comments to
12:05 icc.ppua
12:08 regarding his claw school district it
12:10 was immediately apparent to me that this
12:11 email was likely related to the project
12:14 which is a quasi-judicial closed record
12:16 decision accordingly i did not open the
12:18 attachment
12:21 i have not been biased or by the
12:24 unsolicited receipt of this letter which
12:26 i did not read and i am confident that i
12:28 can render an impartial decision in this
12:30 proceedings
12:32 councilmember hunt
12:36 thank you on april 18 2022 i received a
12:39 letter from the law offices of j richard
12:41 arambru pllc the email contained an
12:44 attachment entitled comment to icc.ppua
12:49 reisd it was immediately apparent to me
12:52 that this email and the letter likely
12:53 related to this project which is
12:55 quasi-judicial closed record decision
12:57 accordingly i did not open or read the
12:59 attachment and i have not been biased by
13:02 the unsolicited receipt of this letter
13:03 which i did not read and i am confident
13:05 i can render an impartial decision in
13:07 this proceeding
13:10 council member d michelle
13:12 thank you on april 18th 2022 i received
13:15 a letter from the law offices of j
13:17 richard aramberu
13:19 p pllc the email contained an attachment
13:22 entitled quote comment to icc.ppua
13:27 ray isd unquote it was immediately
13:31 apparent to me that this email and the
13:32 letter likely related to this project
13:35 which is a quasi-judicial closed record
13:37 decision accordingly i did not open or
13:40 read the attachment i have not been
13:42 biased by the unsolicited receipt of the
13:44 letter which i did not read and i am
13:47 confident i can render an impartial
13:49 decision in this proceeding
13:52 council member joe
13:54 i have a question for our city attorney
13:56 how far back
13:59 contacts need to be revealed in other
14:01 words when was the record closed
14:10 it let me just ask another way
14:12 was it closed in august of 2021
14:15 you would want to reveal any ex parte
14:17 communications you had after the the
14:20 project application
14:22 came in which was what date
14:26 ms dollywood can you remind me
14:39 september 2020
14:41 okay
14:43 so um
14:44 first on april 18 2022 i received a
14:47 letter from the law office of richard
14:49 arambu pllc the email containing an
14:52 attachment entitled comment
14:56 i-c-c-p-p-u-a-r-e-i-s-d was immediately
14:58 apparent to me that this email and the
15:00 letter likely related to the project
15:02 which is quasi-judicial and closed at a
15:04 closed record decision
15:06 accordingly i did not open or read the
15:08 attachment
15:09 i have not been biased by the received
15:11 letter which i
15:12 did not read and i'm confident i can
15:14 render an impartial decision in this
15:16 proceeding
15:18 secondly during the campaign
15:22 council member joe
15:24 you don't have to disclose
15:26 communications you had prior to
15:28 election yes correct fantastic thank you
15:36 all right let's move to the next
15:38 question
15:42 do you believe you can sit and hear this
15:44 matter fairly and impartially both as to
15:46 the respective positions of the
15:48 proponents and the
15:49 opponents of this matter
15:55 might you unmute for
15:57 what i do
15:59 yes yes acknowledge yes yes
16:02 yes yes
16:05 thank you for those um who are just able
16:07 to hear you
16:09 all right so now um
16:11 we have some questions for the audience
16:15 based on the information that you just
16:17 heard from the city council who is
16:20 making the decision in this matter do
16:22 any of you either in person here or
16:25 attending virtually wish to challenge
16:27 the participation of any council member
16:30 based on the appearance of fairness
16:32 doctrine
16:34 if you have an objection to them
16:35 participating in the proceedings
16:38 you can if you're in the room you can
16:40 raise your your physical hand if you're
16:42 participating virtually you can raise
16:44 your virtual hand or send me the host a
16:47 chat message
16:49 when i call on you please state the name
16:51 of the council member and the reason why
16:53 you believe they should be disqualified
16:55 from this matter
16:57 i'm going to take a moment here to
16:59 monitor our virtual attendees
17:11 all right i see at least one hand raised
17:14 i'm gonna wait just another moment
17:18 and i see a hand raised in the room as
17:21 well
17:22 so uh let's start with the the first
17:25 hand i saw raised was from our virtual
17:27 attendee and then ma'am you are welcome
17:29 to come forward so mr aramberu i see
17:32 your hand raised
17:35 just a moment here i'm going to make you
17:37 a panelist so that you can unmute and
17:39 address the council
17:43 mr arambru just a reminder that because
17:46 we're not taking public comment on this
17:48 issue this evening please keep your
17:50 statements limited to the reason you
17:52 believe the council members to be
17:54 disqualified
17:58 okay thank you can
17:59 members of the council hear me
18:02 we can
18:04 good thank you very much um i have uh
18:08 two or three
18:10 objections based upon the appearance of
18:13 fairness doctrine
18:14 first of all
18:17 i have
18:19 received
18:20 an announcement sheet from the issaquah
18:24 school district which was dated october
18:26 28 2001.
18:28 excuse me
18:29 2021
18:32 and in that announcement sheet
18:34 it states that
18:38 member weaver director maraldo and
18:41 superintendent ron thiele met with
18:44 members of the city of issaquah
18:46 leadership
18:47 at 5 pm on october 19 2021 via zoom
18:54 director weaver shared what they
18:57 discussed and one of the items they
18:58 discussed
19:00 was progress on district construction
19:03 projects including
19:05 hiring an outside expert consultant
19:08 as the district's
19:10 state environmental policy act
19:12 responsible official for the high school
19:14 for elementary 17
19:16 project located on the providence
19:19 heights property
19:21 that appears to be an undisclosed
19:24 ex-party communication
19:27 with at least two members of the
19:29 district
19:30 board and the superintendent with
19:33 unnamed members
19:34 of the
19:36 islam city council which appear to be
19:38 the uh leadership
19:41 uh so we would we would object to
19:44 those members of the council who have
19:47 not disclosed this meeting uh with the
19:50 isco school district that occurred on
19:53 october 19
19:55 2021.
20:01 would you like me to state my second
20:03 objection or would you like to resolve
20:06 this uh the first one
20:07 now
20:09 let's go through them all please
20:12 second objection is that i have
20:14 recognized that several members of the
20:17 fiscal city council have identified that
20:20 they have children who
20:23 are enrolled in the schools of the
20:25 issaquah school district i believe that
20:28 to be a conflict of interest based upon
20:31 family relationships
20:33 the proposal before you now
20:36 will
20:38 provide schools for
20:42 district residents
20:44 and one or more
20:46 members of the issaquah city council may
20:48 have children that would attend those
20:50 schools
20:51 i believe that's a conflict of interest
20:54 and that those members who have children
20:56 in the issaquah school district should
20:59 recuse themselves from these hearings
21:06 the the third matter
21:08 has to do with the record before the
21:10 council
21:13 numerous uh the the record here is
21:16 substantial more than 6 300 pages
21:19 uh and
21:21 and video
21:22 materials from the public hearings that
21:25 were held particularly on march 3rd
21:28 2021.
21:31 i believe it would be a violation the
21:33 appearance of fairness doctrine
21:37 one or more council members did not
21:39 review the videos of what the public
21:42 said at the hearing and what the public
21:45 submitted
21:46 to the development commission
21:48 during the march 3rd hearing
21:51 and failure to
21:54 review and be familiar with those
21:55 materials in advance of making this
21:58 decision would violate the appearance of
22:00 fairness doctrine
22:02 so those would be my three objections to
22:06 council members i'm ready to provide
22:09 more detail
22:11 if council members or staff has
22:12 questions of me thank you
22:17 thank you mr ramboru
22:22 ma'am i know we had someone in the
22:24 audience who'd indicated you're welcome
22:26 to come up to the
22:28 dice here
22:45 i rise on a similar issue as mr
22:48 haramburu
22:50 is that there as much as i like to see
22:52 parents of students actively involved i
22:55 do think that those students could in
22:57 future benefit from these schools and
23:00 that would be a conflict of interest
23:03 in the decision
23:04 hey ma'am can i have you state your name
23:06 oh i'm sorry i'm carol schmidt
23:08 providence point resident and school
23:10 teacher at bellevue high
23:12 thank you
23:20 are there any other individuals who
23:23 would like
23:25 to uh challenge
23:28 the council's participation a council
23:30 member's participation
23:33 all right i don't see any other raised
23:34 hands in the meeting room i also don't
23:37 see any other raised hands among our
23:40 virtual attendees
23:44 okay so at this time we have received
23:47 objection to the participation of
23:49 certain council members and so i will
23:52 ask them if they wish to respond the
23:55 council members may either refuse to
23:58 disqualify a council member who does not
24:00 feel that their participation in the
24:02 vote reflects any bias for or against
24:04 the project
24:05 and that they can decide impartially can
24:08 refuse to disqualify themselves they can
24:11 either rely on what they said earlier
24:12 during disclosures or essentially
24:14 restate what they said then at this time
24:18 or you can disqualify a council member
24:21 who disqualifies themselves must leave
24:22 the hearing room and may not participate
24:24 further concerning the applications
24:27 and so
24:30 you have one point yes council president
24:33 i'm sorry for the interruption but i do
24:34 see that i've received a chat message
24:36 from someone else who may um wish to
24:39 um make a challenge so if okay let's
24:41 hear that thank you thank you so i see
24:44 someone who's whose display name is mg
24:48 i'm going to make you a panelist now so
24:50 that you can unmute and
24:52 make your challenge if you'd like
25:06 mg you've been elevated and should be
25:08 able to unmute
25:10 thank you
25:11 mary doritas
25:14 can you hear me
25:15 yes
25:16 thank you
25:18 resident of issaquah and i object based
25:21 on the press release that was
25:24 on the issaquah school district website
25:27 regarding the meeting
25:29 in october between
25:32 staff and
25:34 city council
25:36 and
25:37 school district thank you
25:41 thank you and council president i don't
25:43 see anyone else
25:44 wishing to make a challenge
25:47 okay so i was going to start with the
25:52 october
25:53 meeting of 2021 at that time the
25:58 leadership was council member hunt and
26:00 council member ray
26:02 and so i would like to give each of you
26:04 an opportunity to respond regarding that
26:09 meeting
26:18 thank you president walsh
26:22 to the best of my ability to remember i
26:25 do not recall discussing this project in
26:29 any way
26:31 so i
26:33 and i also
26:34 am not familiar with this press release
26:39 i can
26:40 look through my notes to see if i have
26:41 any record but i i
26:44 do not i believe that we did not discuss
26:46 it and i also believe that any
26:48 discussions we had with the school board
26:51 would be about
26:52 other issues of joint interest and would
26:54 not bias me on this project
27:01 thank you president walsh
27:03 it was a matter and it still is a matter
27:05 of standing course once a quarter
27:07 esque city council leadership meets with
27:09 the school district
27:10 to talk about a wide range of of common
27:13 interest
27:15 i i
27:16 do not recall this meeting and or the
27:18 topic
27:20 and i don't believe that
27:22 whatever was the discussion of that day
27:25 would uh
27:27 would influence me
27:28 or bias me or make it so i could not
27:30 make an impartial decision in this
27:32 matter
27:37 okay and then going through the
27:39 remainder
27:41 of the items i believe we heard
27:44 several instances of individuals talking
27:47 about
27:49 the three of us who have students at the
27:52 issaquah school district so i'll call on
27:54 myself first and then
27:56 go through between the other two
28:00 i absolutely have uh two students at the
28:03 issaquah school district um
28:07 and
28:08 there is no way of knowing whether or
28:10 not they would or wouldn't attend this
28:12 particular school um but just like
28:16 anyone here who might have a child um
28:20 at any point or adopt adopt a child
28:23 there that is a city-wide um set of
28:29 benefits i guess i would say so there i
28:32 do not believe in any way that
28:34 having a student in the school district
28:37 um has biased me for or against this
28:40 project and i do not believe it would um
28:43 keep me from
28:44 being impartial in the ability to decide
28:47 this
28:48 on this project
28:50 i'll give you a moment to get settled
28:53 while we continue through the appearance
28:55 of fairness
28:57 and i will go to council member joe do
29:00 you want to respond on that item
29:03 thank you council president walsh
29:08 do have one child in the school district
29:10 and one child that i kept out of the
29:11 school district for safety reasons
29:14 during covet and she is
29:16 doing remote learning
29:19 i don't believe that
29:21 having children in the school district
29:24 in any way would
29:26 bias me for or against the project and i
29:29 believe that i'm confident my ability to
29:30 remain impartial and decide
29:32 the issues before the council tonight
29:34 without fear or favor thank you
29:38 and council member hunt
29:40 i have a
29:42 child in the squad school district but
29:44 as i stated earlier i do not believe
29:46 that this biases me for or against the
29:48 project and i believe i can be impartial
29:51 in this matter
29:54 okay and i believe there was
29:57 one other
30:00 objection
30:02 i am not remembering it off the top of
30:04 my head from mr or umbreo
30:09 clerk or
30:09 [Music]
30:11 yes he i i
30:14 as i understood it he was stating that
30:17 if a council member did not review the
30:20 public comment provided in the record
30:22 that that would be
30:24 a possible disqualification
30:28 well first of all i disagree but
30:32 i believe that everyone reviewed it
30:35 is that correct
30:37 yes yes
30:39 then it's not an issue yes
30:46 okay so at this point i believe we have
30:49 heard from all of the council members
30:51 related to those particular objections
30:55 that were heard from the public both in
30:57 person and virtual
30:59 and all of the council members have
31:01 stated the reasons why they
31:05 feel they
31:07 will refuse to disqualify so are there
31:09 any other
31:10 things that need to happen within this
31:12 appearance of fairness doctrine um
31:16 at this time
31:20 okay
31:21 so mayor are you ready to take over on
31:23 this one particular item
31:28 thank you council president and
31:29 apologies to to the group and to the
31:32 audience for being tardy this evening
31:35 um looking at the script it appears that
31:37 you might be moving on to stop
31:38 presentation at this time
31:40 so next we will receive a presentation
31:42 from christina hayworth planning
31:44 consultant
31:48 christina i've just given you
31:50 those presentation
31:53 privileges
31:55 great thank you so much can everyone
31:57 hear me okay
32:02 yes yes
32:04 okay
32:05 uh great um i am sharing my screen right
32:08 now
32:10 um can everyone see it okay
32:14 yes
32:15 fantastic thank you
32:18 all right so as stated earlier tonight's
32:21 meeting is a closed record review
32:24 review is limited to items already in
32:26 the project record that includes the
32:28 content of this presentation no new
32:31 information is presented or added to the
32:33 record with this presentation tonight
32:38 i will be going over the
32:41 project uh talking a little bit about
32:43 the timeline the permit process and next
32:45 steps reviewing the decision criteria
32:48 and then opening it up for city council
32:51 q a
32:55 the property is located in the northern
32:58 end of the city
33:01 one second i'm going to go to the clerk
33:02 um clerk is it appropriate for someone
33:04 in the audience to do a point of order
33:06 no that's the right of the council okay
33:09 thank you so we will not be recognizing
33:11 the point of order
33:16 may i continue
33:18 um let's ask the city clerk or rachel
33:21 give an answer the mayor does not have
33:23 to attest to fairness because the mayor
33:25 is not going to be decision maker in
33:26 this proceeding unless there is a tie
33:29 in which case the mayor then will do the
33:32 appearance of fairness disclosures at
33:34 that time
33:37 thank you rachel continue
33:39 thank you very much
33:41 um okay the property is located in the
33:44 northern end of the city in the
33:46 providence point neighborhood along the
33:48 jurisdictional boundary between issaquah
33:50 and sammamish the site access is from
33:53 228th avenue southeast and the city of
33:55 samamish owns this roadway
34:00 the site was formerly developed as the
34:02 providence heights college which has
34:03 since been demolished
34:05 the property currently consists of a
34:07 central clearing as shown in this aerial
34:09 photograph some residual concrete and a
34:12 water tower
34:14 access is from two places on 228th
34:17 avenue southeast the first is a little
34:19 bit north of the center line of that or
34:22 center of that eastern property line
34:24 the second is at the southernmost tip of
34:27 that eastern property line
34:29 there are several critical areas on site
34:32 wetland b which is in the southwestern
34:34 portion of the property this is a
34:36 category 4 wetland it's quite small
34:39 wetlands c also a category 4 wetland
34:42 located in the southern portion of the
34:44 property along the existing access road
34:48 providence heights loop
34:50 some man-made steep slopes along 228th
34:53 avenue southeast
34:55 and
34:56 at the southern end of the
34:58 frontage and a critical aquifer recharge
35:00 area along the northern frontage of
35:02 228th avenue southeast
35:06 the project proposal consists of a new
35:08 consolidated high school and elementary
35:10 school campus
35:12 the high school will be located in the
35:13 southern portion of the property will
35:15 serve a maximum capacity of
35:18 approximately
35:19 1823 students and 150 staff at full
35:22 build out
35:24 the initial construction includes
35:26 accessory athletic facilities and future
35:29 phases include a 10 000 square foot
35:31 addition and up to four portable
35:33 buildings
35:34 the elementary school will be located
35:36 along the western portion of the
35:38 property
35:39 serving a maximum capacity of 744
35:42 students and 75 staff at full build out
35:45 includes an accessory outdoor playground
35:47 with the initial construction and future
35:50 phases include up to four portable
35:52 buildings
35:53 the project also includes related site
35:55 infrastructure like roadways uh
35:58 non-motorized pathways utilities and
36:00 other kinds of operational features like
36:02 the bus loop
36:03 i'll now go through
36:05 the project components
36:07 so item number one is the high school
36:10 one a is the addition the 10 000 square
36:13 foot edition that i mentioned on the
36:14 previous slide
36:17 is the location of future portable
36:19 buildings
36:20 the elementary school is shown as number
36:22 two
36:24 the future portables are shown as to a
36:27 in the center of the property is the
36:30 stadium and track there's a grandstand
36:34 on the west side and visitor bleachers
36:36 on the east side of the track
36:39 scoreboard to the north facing southward
36:42 a ball field and
36:44 complex and plaza so that's a baseball
36:46 field and a softball field around a
36:49 central plaza identified as number four
36:52 in the northern portion of the property
36:56 number five is the central parking
36:58 garage with rooftop tennis courts
37:01 number six is the bus pickup and
37:03 drop-off
37:04 loop and parking area
37:06 number seven is the entirety of the
37:09 green shading this is the proposed
37:11 vegetated buffer uh
37:14 surrounding the entire property
37:17 and then number eight is the primary
37:19 access which is a signalized entry that
37:23 is also associated with some additional
37:25 frontage improvements and roadway
37:27 improvements
37:28 number nine
37:29 is an emergency vehicular access so this
37:32 is used only by
37:35 emergency response vehicles such as
37:37 those owned by eastside firing rescue
37:42 as part of the project the applicant is
37:45 requesting five administrative
37:46 adjustments of standards all of which
37:48 are contemplated in the issaquah
37:50 municipal code and or the central isoqua
37:52 development and design standards were
37:54 applicable
37:55 aas's are usually decided by the cpd
37:58 director but they meet the criteria for
38:00 consolidation in imc 18.04
38:05 and are therefore elevated to the level
38:07 5 process with the master site plan and
38:09 site development permit for a decision
38:11 made by city council
38:16 the first request is to reduce the
38:19 minimum far from 0.75 to 0.42
38:24 just so that we're all on the same page
38:26 far is the ratio between building square
38:30 footage and the developable site area on
38:32 the property
38:33 a higher far means that there is more
38:36 building square footage on the site a
38:38 lower far means there's less building
38:40 square footage on the site the far as
38:42 you can see in this diagram uses total
38:44 square footage of the building not just
38:46 the footprint
38:49 this adjustment is allowed by code when
38:51 the reduction is less than 50 percent
38:53 and is for operational features or
38:55 academic curriculum
38:57 the proposed reduction results in less
38:59 building mass on the property than would
39:01 otherwise be required
39:04 the second requested aas is to reduce
39:08 the minimum tree retention requirement
39:10 from 25 to 23
39:13 this is allowed by code
39:15 uh specifically by reference to the
39:17 central a squad
39:19 design development and design standards
39:21 the cidds when meeting all applicable
39:24 criteria
39:25 the project
39:26 complies with applicable tree retention
39:28 requirements though
39:30 retaining about 26 of the trees on the
39:33 site and so therefore an aas is not
39:35 actually required
39:40 the third request is the authorization
39:43 of shared parking facilities
39:46 the applicant's proposal is to share
39:48 on-site parking between daytime school
39:50 uses and after-school events
39:53 this reduces the total amount of on-site
39:55 surface and structured parking needed
39:57 for the project and is allowed by the
39:59 issaquah municipal code when a parking
40:01 study supports the sharing scheme as is
40:03 the case for this project
40:05 requirements
40:07 for daytime parking are met under the
40:09 proposal
40:10 and isd has to implement uh based on the
40:13 recommended conditions of approval and
40:16 the transportation
40:17 impact analysis and a special event
40:20 management plan in the case of overflow
40:22 during particularly popular events
40:28 the fourth requested aas is relief from
40:31 providing continuous non-motorized
40:32 walkways on both sides of certain
40:34 internal access roadways that are
40:36 identified in red here
40:38 on the diagram on the screen
40:40 so this is along the east side of the
40:42 parking garage one walkway would be
40:44 provided
40:45 along the east side of the road which is
40:48 closer to the trees
40:51 um and then along the east side of the
40:53 high school building
40:55 um they are requesting in
40:58 a certain area to have only
41:00 uh one side of the the road have a a
41:03 walkway and then along the actual high
41:05 school building itself
41:07 not allowing pedestrian access
41:10 in that area
41:11 this is important for pedestrian safety
41:13 due to the utility enclosure
41:16 along the
41:17 south eastern portion of the building
41:21 then the last requested aas
41:25 is to reduce the total number of
41:27 non-motorized street frontage
41:28 connections
41:30 from eight to three
41:33 there are two connections at the main
41:35 entry and one barrier free connection up
41:37 at the south end of the property
41:40 this request would improve tree
41:42 retention by limiting grading and
41:44 impervious surfaces in the forested
41:46 hillside along 228th avenue southeast
41:49 and wouldn't negatively impact site
41:51 accessibility because pedestrians would
41:53 continue to arrive from or would
41:56 not continue but would start to arrive
41:57 from the north or south after project
42:00 development
42:04 the permits that you are reviewing
42:06 tonight follow the level five review
42:09 process which means that staff does an
42:12 initial technical review and provides a
42:14 recommendation to the development
42:16 commission
42:17 the development commission holds the
42:19 public hearing
42:20 takes public testimony closes the
42:22 project record then deliberates and
42:24 recommen makes a recommendation that is
42:26 forwarded to the city council for review
42:29 city council decides using the closed
42:31 record to make a decision once a
42:33 decision is made that decision is
42:35 appealable to king county superior court
42:41 the decision is based on criteria of
42:44 approval outlined in the issaquah
42:47 municipal code
42:49 staff reviewed the application materials
42:51 against all applicable criteria of
42:53 approval for the various permits
42:55 for the master site plan there are 13
42:58 and i'll refer you to
43:00 the staff report page 154
43:03 for an analysis of those criteria the
43:06 criteria range pretty broadly from
43:08 compatibility with adjacent uses to
43:11 phasing plans internal design continuity
43:14 vehicular and non-vehicular circulation
43:16 and others summarized here on this slide
43:19 staff found that with the recommended
43:21 conditions the proposal complies with
43:23 all 13 criteria
43:27 there are three criteria for the site
43:29 development permit
43:31 and the analysis of those begins on page
43:34 161 of the staff report
43:38 those criteria include compliance with
43:40 the comprehensive plan compliance with
43:42 the code and other applicable standards
43:45 and compliance with the design criteria
43:47 checklist that is adopted as appendix 2
43:50 of chapter
43:51 18.07 of the assaq municipal code
43:55 with the recommended conditions staff
43:57 found that the proposal complies with
43:59 these three criteria
44:03 the criteria of approval for the aas is
44:06 vary in number and location throughout
44:08 the code
44:10 and so i'll just walk through them as uh
44:13 as quickly as possible here um but if
44:16 you've got questions about where to find
44:17 more information within the project
44:19 record please let me know when we get to
44:21 q a
44:22 for the
44:24 floor area ratio reduction
44:27 there are three criteria of approval
44:30 starting on page 37 of the staff report
44:33 including that the reduction is the
44:34 least amount necessary for operational
44:36 functions and academic curriculum
44:38 uh that the reduction is no greater than
44:40 50 percent of the minimum far
44:42 and that the reduction will be equal to
44:44 or better in fulfilling the purpose and
44:46 intent of the community facilities
44:48 facilities standards with the
44:51 recommended conditions staff found that
44:53 the proposal complies with these
44:54 criteria
44:57 the criteria for tree retention
44:59 modification are in the central issaquah
45:03 development and design
45:04 standard cidds chapter
45:06 chapter 10
45:08 the analysis of this begins on page 90
45:10 of the staff report
45:12 there are six criteria one of which is
45:14 optional
45:15 and based on the current project
45:17 proposal and submitted arborist
45:19 information the applica the applicant
45:22 the project complies with tree retention
45:24 requirements without the need for an aes
45:30 there are seven criteria in two
45:32 different code sections required to
45:34 share parking
45:36 uh including providing adequate
45:38 documentation
45:40 to support that reduction there is a
45:43 parking section in the transportation
45:45 impact analysis
45:47 and as
45:49 conditioned we found that the proposal
45:50 complies with all of the applicable
45:52 criteria in both code sections
45:58 there are three criteria to modify
46:00 requirements for non-motorized walkways
46:02 including consistency with complement
46:05 code requirements reduction of impacts
46:07 compliance with the intent
46:10 there's this fourth additional approval
46:12 criteria
46:13 these are optional none were specified
46:15 by the cpd director so as conditioned
46:18 the proposal complies with all
46:20 applicable criteria in the code
46:25 the same criteria apply for the
46:27 reduction of public street frontage
46:30 connections
46:31 again no additional approval criteria
46:34 were
46:34 specified for the for the request and as
46:38 conditioned we found that the proposal
46:39 complies with the applicable
46:41 review criteria
46:44 based on the applications the submitted
46:47 plans and technical reports all of the
46:49 attachments in the project record and
46:51 the analysis presented in the staff
46:53 report the development commission did
46:55 recommend approval of the master site
46:57 plan site development permit and all
47:00 five aas applications subject to the i
47:03 believe it's 57
47:05 land use conditions that are presented
47:07 in the findings conclusion and
47:10 recommendation
47:12 and
47:13 so from here
47:16 uh this concludes staff's presentation
47:19 it's now time for the city council to
47:21 deliberate
47:22 and make a decision on the applications
47:24 based on the project record created by
47:26 the development commission
47:29 as presented in the agenda bill
47:31 council's options are to approve with
47:33 conditions as recommended by the
47:35 development commission
47:37 approve with revised or additional
47:40 conditions
47:41 remand one or more of the applications
47:44 to the development commission for
47:46 further consideration or deny one or
47:48 more of the applications
47:51 again the decision once made is
47:53 appealable to king county superior court
47:57 and with that i'll take any questions
47:59 you've got
48:01 thank you christina
48:03 looking to see if there are any council
48:04 questions
48:10 so at this time i will open up the floor
48:13 for council deliberations and because
48:15 the city council is making a
48:16 quasi-judicial decision pursuant to rcw
48:20 42.30.140 parent ii the open public
48:23 meetings act does not apply if a council
48:26 member wishes to convene into closed
48:27 session for a portion of the meeting
48:29 please make a verbal request and we will
48:31 take a brief recess to adjust the room
48:36 okay
48:38 if council is ready to make a decision
48:39 then a council member needs to move to
48:41 approve the proposed resolution
48:48 council president
48:51 thank you
48:54 i moved to approve resolution number
48:57 2022-09
49:00 approving a master site plan site
49:02 development permit and administrative
49:04 adjustments of standards for the issue
49:06 school district providence heights high
49:08 school an elementary school campus
49:10 project with conditions and adopting
49:13 findings of fact and conclusions
49:16 is there a second
49:18 deputy council president uh thank you
49:20 i'll second that motion it has been
49:22 moved and seconded uh to approve a
49:24 master site plan
49:26 is there any council discussion
49:32 council president
49:34 thank you
49:36 um i'm sure we will have further
49:37 discussion but i wanted to start out by
49:41 just recognizing
49:43 how difficult of a situation this is
49:46 within a community
49:50 with all kinds of needs and all kinds of
49:54 preferences but at this point we are
49:57 reviewing the development commission's
49:59 closed record we are
50:02 using the information found in that
50:04 record and within the meetings which
50:07 included all of the public comment
50:11 deliberate and make our decisions so i
50:14 just
50:15 really wanted to recognize that within
50:17 that record there is exhaustive
50:20 detail around the important elements of
50:23 this project
50:25 that includes
50:26 the
50:27 environmentally critical areas lighting
50:31 noise control storm water management and
50:34 much much more i also want to recognize
50:37 the
50:38 intense coordination between the city of
50:41 issaquah and city of sammamish regarding
50:44 the
50:46 entrance on 228th for this proposed
50:49 project
50:51 and the southeast 43rd right-of-way
50:53 improvements
50:56 this property lies within the city of
50:59 issaquah but the right-of-way is within
51:01 the city of sammamish which brings into
51:04 account quite a
51:06 different set of um review criteria um
51:10 and information than we have received in
51:12 the past so i guess i just wanted to
51:15 start out recognizing how much intense
51:18 information there is within this record
51:22 on all of those very important pieces
51:24 which we will then use to deliberate i
51:27 could go further but i believe
51:30 i'd like to hear from
51:31 my colleagues and see what kind of
51:34 commentary we have around now that there
51:36 is a motion on the table
51:39 thank you council president
51:42 council member martz
51:44 i will dive into the deep end of the
51:45 pool
51:46 and first i want to thank the
51:48 development commission for a colossal
51:51 amount of work
51:53 it shows in the detail
51:57 of the findings here i'm particularly
52:00 struck
52:01 by i mean i've seen conditions of
52:04 approval that have come out of dc
52:06 reports before these are a very
52:09 thoughtful and articulate set of
52:12 conditions under which to allow for the
52:16 oh uh the the um
52:19 uh alternative i'm glad i'm blanking on
52:22 the i'm plucking on the word but um the
52:24 the the very variance variations no
52:26 that's not the right word anyhow the
52:28 conditions are very strong and
52:31 i think will be
52:34 if this is approved
52:36 this evening will be an important part
52:38 of making sure that uh
52:41 this meets city of issaquah standards i
52:43 was struck
52:47 the
52:48 relative
52:49 good nature of the dc at the end of that
52:51 march 3rd meeting and the fact that they
52:54 all seem to be
52:56 still bright-eyed and bushy-tailed after
52:58 a long process
53:00 and the fact that they that this was not
53:04 um in the end a particularly acrimonious
53:07 process is very important to me because
53:09 it speaks to the solidity of the
53:13 uh of the of their recommendation you
53:16 know we have also had just like we've
53:18 had
53:19 conditions of approval in the past that
53:22 that weren't this um fully formed you
53:25 know we've had things come out of dc
53:28 you know with less unanimity and less
53:31 confidence and the fact that they that
53:33 they come out after the 6 600 pages of
53:36 material
53:38 as i said bright-eyed and bushy-tailed
53:40 and unanimous in their support is
53:42 extremely important to me
53:46 i thought i would offer that up
53:49 thank you councilmember martz
53:53 other comments our discussion council
53:55 member ray i will jump into the pool too
54:01 i want to recognize what council
54:02 president walsh said that this has been
54:04 a difficult decision and matter all
54:07 along when you have competing community
54:09 needs it is very hard to come down with
54:12 something that makes sense and so i'm
54:15 i'm very um
54:17 gratified by the work that the
54:20 development commission did and i'm also
54:24 was impressed with the community's input
54:27 what um what
54:29 gives me some
54:32 i don't know it's solace or joy is
54:34 that the conditions that were identified
54:36 were a way to strike a balance between
54:38 what
54:39 is uh what was possible and what
54:43 met the needs of the community so i
54:45 think that there was a lot of good work
54:47 done to make conditions on this that
54:50 tried to ease the impact and
54:53 honestly i when i started reading the
54:55 record i was very intrigued with the
54:57 adjustments of administrative
54:59 adjustments of standards because i think
55:00 that those are always a little bit
55:02 challenging and i thought that the the
55:04 rationale
55:06 for them
55:07 was
55:08 was right on
55:10 i mean it's a difficult thing i mean
55:12 we're bound by the record and we're
55:13 bound by the law
55:15 and so we'll make a decision based on on
55:18 those factors so
55:20 but mostly thank you to the development
55:22 commission the public in in helping us
55:24 to move this forward and hopefully the
55:26 best way possible
55:28 thank you councilmember ray other
55:30 council members
55:32 deputy council president hall
55:34 uh thank you very much
55:37 i uh also just want to begin uh start by
55:40 acknowledging uh community participation
55:42 ending participation and engagement in
55:43 this process
55:44 there um was an incredible amount of
55:47 thoughtful
55:48 comments and relevant feedback from the
55:50 community as part of this record
55:52 and i want to thank everyone who
55:53 contributed to that record
55:55 some of whom
55:56 clearly having reviewed the record
55:58 clearly spent many many hours
56:01 ensuring that their voice was heard and
56:03 it most certainly was
56:05 so um thank you very much for your
56:06 passion
56:07 and your participation in the process
56:10 i'll be i'll be brief after having
56:12 reviewed the record
56:14 based upon
56:15 the criteria that we consider for master
56:17 site plan approval
56:19 um alignment with city code in the
56:21 comprehensive plan
56:22 the thoughtful consideration and
56:24 conditions of the development commission
56:27 the responsiveness and the commitments
56:29 of the applicant and the hard work of
56:31 the hard work of staff thank you really
56:33 thank you staff
56:36 to ensure that all these things are
56:37 happening i'm satisfied with where we're
56:39 at and i'll be supporting the motion
56:41 tonight
56:42 i am eager to hear from the rest of the
56:43 council members and be open if there are
56:45 any um
56:46 potential changes that council members
56:48 would like to bring forward i'm open to
56:50 hearing that thank you very much
56:52 thanks uh additional comments
56:56 um uh council member hunt
57:01 thank you i
57:02 have some similar comments to my fellow
57:05 council members as far as i wanted to
57:07 take a minute to thank all of the
57:09 community members who have participated
57:11 in this process
57:12 we are
57:14 at this point bound by the record and in
57:16 the record there is a lot of
57:18 very thoughtful very
57:20 um very passionate feedback and
57:24 as the decision maker i did
57:26 read that feedback and take that into
57:28 account with my decision making we do
57:30 have very clear criteria at this point
57:32 which we are
57:35 bound by law as was mentioned earlier to
57:37 use as the criteria for the decision
57:39 making so
57:40 um i i just wanted to make sure that i
57:43 acknowledged however that there is a lot
57:45 of information here and a lot of thought
57:48 went into it and um it did guide the
57:50 process
57:52 of the of this project
57:54 um so i wanted to thank the development
57:56 commission for their thoughtful
57:58 deliberation i wanted to thank the staff
58:00 for making it clear why there were um
58:02 why the decisions were being made the
58:04 way they were being made and um
58:06 thank again the community i do have a
58:09 proposed um new condition if i might
58:12 make that now um so i would
58:15 council member can i get some general
58:17 comments um from the other two who i
58:19 think there's only two left they have in
58:20 common and they'll come right back to
58:21 you yes thank you councilmember
58:24 uh michelle
58:28 thank you i'll be very brief because
58:31 i don't want to repeat what my fellow
58:32 council members have said
58:34 i was so impressed watching the
58:36 development commission and
58:38 the uh huge amount of work that they
58:40 accomplished the thoughtfulness with
58:42 which they did that as others have
58:44 mentioned the
58:46 you know no rancor
58:48 um just uh very amicable discussions and
58:52 um very thorough and very
58:55 clear how they reach their decisions so
58:57 just all praise to them and to chair
58:59 brennan i thought he did a magnificent
59:01 job sharing
59:03 what was a very difficult discussion
59:05 overall
59:07 [Music]
59:08 as has also been stated we are bound by
59:11 the record and by the criteria and by
59:14 the code that is in place
59:16 and having reviewed
59:18 all of that and the recommendation that
59:20 came to us from the development
59:22 commission
59:24 without prolonging it i would just say
59:26 that i will support this motion as well
59:28 tonight
59:30 but um i just i just want to say again
59:33 how
59:35 neatly and clearly everything was laid
59:36 out which is amazing when you think of
59:38 the amount of material that was here
59:40 so thank you
59:42 councilmember joe
59:44 thank you mayor
59:47 esquad's a special place where people
59:49 care his is
59:51 our motto
59:52 and uh i i look across the country and i
59:56 see
59:57 um people disagreeing and being
59:59 disagreeable at school board meetings
1:00:02 and council meetings and and
1:00:04 i just wish that they would watch
1:00:08 30 minutes of any of the three meetings
1:00:10 that you had
1:00:11 with the development commission with the
1:00:13 public just
1:00:15 we disagreed
1:00:16 on certain topics we aired those
1:00:18 disagreements but we were not
1:00:20 disagreeable and i think that says quite
1:00:22 a bit about
1:00:23 our city
1:00:25 and the civil discourse that we have in
1:00:26 this city and i would like to hold it up
1:00:28 as a model to the rest of the country
1:00:31 when we're seeing so much discord out
1:00:34 there
1:00:35 as many of you know i'm an attorney by
1:00:37 background
1:00:38 spent 12 years in private practice and
1:00:40 and was
1:00:43 the municipal court pro tem judge for a
1:00:45 time here and so i'm very aware of
1:00:48 flying the law and understanding the
1:00:50 parameters that i'm restricted to
1:00:53 during this process and so
1:00:55 after reviewing everything i i in
1:00:57 general agree with most my other
1:00:59 colleagues that this is a well-run
1:01:01 process
1:01:02 within the parameters that we were
1:01:04 allowed to review
1:01:06 the conditions are probably the best we
1:01:08 can reach given the layout of the
1:01:11 geography there and the other
1:01:13 challenging conditions
1:01:14 and so i
1:01:16 look forward to
1:01:17 a robust discussion about any other
1:01:19 changes that might be made
1:01:21 tonight and i'll continue to keep an
1:01:22 open mind thank you
1:01:26 councilmember hunt
1:01:29 thank you
1:01:30 i would move to
1:01:32 add one new condition which would be
1:01:35 condition 58
1:01:36 and this condition would read as follows
1:01:38 the applicant is strongly encouraged to
1:01:40 use materials for artificial turf fields
1:01:42 that comply with best available science
1:01:44 regarding detrimental effects on salmon
1:01:47 habitat to protect environmental quality
1:01:49 and to avoid materials containing six
1:01:51 ppd queen known
1:01:54 for a second
1:01:56 second russell thanks it's been moved
1:01:58 and seconded discussion on the uh
1:02:01 additional condition
1:02:02 uh council president okay i'm gonna go
1:02:04 to council member hand and then council
1:02:05 president all right thank you
1:02:08 um one of the master site plan approval
1:02:10 criteria is consistency with our
1:02:12 comprehensive plan and one of our
1:02:14 policies within the comprehensive plan
1:02:16 which is referred to in the record is
1:02:18 policy luh2 which is to maintain
1:02:21 development regulations that promote
1:02:23 compatibility between uses retain
1:02:25 desired neighborhood character ensure
1:02:26 adequate light air and open space
1:02:28 protect and improve environmental
1:02:30 quality and manage potential impacts on
1:02:32 public facilities and services by
1:02:34 addressing features such as pervious
1:02:36 service ratios and the um and the policy
1:02:39 goes on
1:02:40 so the relevant part i believe of this
1:02:42 policy is the protect and improve
1:02:44 environmental quality there is a lot of
1:02:47 information in the record about the
1:02:49 potential
1:02:51 environmental impacts of
1:02:54 project and within the record as well
1:02:56 there is information about the best
1:02:58 available science regarding recent
1:03:00 studies on detrimental effects on salmon
1:03:03 habitat specifically from
1:03:05 6ppd quinone and then also tying that
1:03:08 back to potential materials that might
1:03:09 be used on turf fields of which there
1:03:11 are several proposed
1:03:13 in the project
1:03:15 i wanted to
1:03:18 add this condition that the applicant
1:03:20 would be strongly encouraged to use
1:03:22 materials that would
1:03:25 be detrimental to salmon habitat there's
1:03:27 also extensive information in the record
1:03:29 about concern about kokanee salmon
1:03:31 habitat and kokanee is
1:03:34 as is evident from the record very
1:03:36 important to the community and
1:03:40 it would
1:03:41 i would urge
1:03:42 the applicants to please consider that
1:03:45 their development of this specific
1:03:48 part of the proposal i also wanted to
1:03:51 quote from
1:03:52 one of the
1:03:54 materials in our packet which is the um
1:03:58 a project memo subjects laughing jacobs
1:04:00 creek project discharge in which it
1:04:03 says um two things that i wanted to
1:04:05 quote one is that as a result of the
1:04:06 storm water system the water leaving the
1:04:08 site will be cleaner than the runoff
1:04:10 leaving the site in current conditions
1:04:12 and the runoff leaving the project site
1:04:13 will be reduced from both the previous
1:04:15 development runoff rates and the
1:04:16 existing disturbed area runoff as
1:04:18 required by the stormwater manual based
1:04:20 on the above information the project
1:04:21 will have no adverse impacts to laughing
1:04:23 jacob's creek and no additional
1:04:24 mitigation of stormwater is proposed by
1:04:26 this project
1:04:28 um to conclude i believe that to
1:04:31 actually adhere to this part of our
1:04:33 comprehensive plan in which we maintain
1:04:35 that um the project would that the
1:04:38 development regulations would protect
1:04:40 and improve environmental quality to
1:04:42 maintain that and also to
1:04:46 to have these no adverse
1:04:48 impacts as it says the project would
1:04:50 have on laughing jacobs creek which is
1:04:52 habitat for kokanee i believe that this
1:04:54 condition is important to add in
1:04:58 additional discussion council president
1:05:00 thank you um
1:05:02 i appreciate that this is brought up
1:05:05 and that we are
1:05:06 able to have a conversation about
1:05:09 because this was brought up in the
1:05:11 record and it was a concern of community
1:05:13 members there was a portion of the staff
1:05:16 report
1:05:17 the concern of laughing jacob creek and
1:05:21 how that flows to lake sammamish
1:05:25 i would ask staff
1:05:32 how a condition that
1:05:34 says strongly encouraged to use
1:05:37 materials how that
1:05:41 comes into effect and whether because
1:05:43 obviously these are related to whether
1:05:46 or not something can get approval
1:05:48 and so i wonder is that
1:05:51 language
1:05:53 appropriate or is there any adjustment
1:05:56 there that we would
1:05:57 need to make
1:06:00 if it's okay may i make a comment
1:06:02 it's very typical to do what victoria
1:06:04 has just done as a development
1:06:06 commission member but it is quite
1:06:08 unenforceable
1:06:09 so if the council wanted to add 19 of
1:06:11 these to get a better product you could
1:06:14 they don't have to do any of them
1:06:18 so toward that idea many of the other
1:06:23 additional
1:06:24 conditions are enforceable and so
1:06:29 i wonder if there is a way to
1:06:33 make an adjustment of that
1:06:35 toward an enforceable nature because i
1:06:37 think it's a
1:06:38 creative potential solution
1:06:44 one problem that was presented in the
1:06:46 materials but just like with the
1:06:49 development commission when they were
1:06:50 talking through potential conditions the
1:06:53 understanding is how do you make
1:06:55 something that is the most effective
1:06:58 toward the idea trying to be created so
1:07:01 i wonder if there's anything that we
1:07:03 would hear from staff on potential
1:07:05 conditions or language
1:07:09 good evening
1:07:11 i did look through the code and did
1:07:14 discuss this with staff and there's
1:07:16 nothing in the current code that would
1:07:18 allow the city to
1:07:19 include enforceable language the most
1:07:21 the city could do here is encourage
1:07:31 it doesn't mean you shouldn't
1:07:34 it just means you may not get it
1:07:36 councilmember hunt
1:07:38 well thank you i'm i'm interested to
1:07:41 hear what my fellow council members
1:07:42 think um i will say that i did confer
1:07:45 with city staff including the city
1:07:47 attorney on this and um
1:07:50 and so this language i recognize it says
1:07:53 strongly encourage
1:07:56 it's a very important topic so my
1:07:59 preference would be that this is this is
1:08:02 what we
1:08:03 can do to raise the issue
1:08:05 and let it be known to the applicant
1:08:07 that this is
1:08:08 strongly encouraged by the city because
1:08:09 this is best available science the other
1:08:12 point i would make is that this is
1:08:13 relatively this is established science
1:08:15 but it is
1:08:17 relatively recent and code sometimes
1:08:20 lags best available science and that
1:08:22 doesn't mean that we shouldn't bring
1:08:24 that to the attention of and
1:08:26 call out the importance of
1:08:29 best available science to the applicant
1:08:31 so my preference is to include it i
1:08:33 recognize
1:08:36 the concern about enforceability
1:08:40 councilmember joe
1:08:42 thank you
1:08:45 i think it's important that
1:08:47 this language
1:08:48 be included
1:08:50 while it's not enforceable certainly uh
1:08:53 staff and
1:08:54 council members are going to be having
1:08:56 conversations with
1:08:57 school board members and the
1:08:58 superintendent talking about the project
1:09:00 as it goes forward as is pointed out in
1:09:03 the record as
1:09:04 the permits for each of the steps in
1:09:06 this process go forward
1:09:09 the uh the planning department and staff
1:09:11 have an opportunity to to
1:09:14 give comment and and mold how the campus
1:09:17 gets put together and having this
1:09:20 language in there while not enforceable
1:09:22 certainly brings that conversation to
1:09:23 the fore when we're talking about the
1:09:26 fields and i think it's important to
1:09:27 send a message from the council to
1:09:30 the school district and to our staff
1:09:31 that we want to try to do a best best
1:09:33 available science and
1:09:35 stay as current as we can to protect our
1:09:38 natural resources and just on a personal
1:09:41 i would want to thank councilmember hunt
1:09:44 for her service on ryra eight
1:09:47 and the dedication that she shows to
1:09:49 this issue i appreciate her bringing the
1:09:51 best science to this discussion thank
1:09:56 anybody else making a comment before we
1:09:58 go to the vote
1:10:00 i will re-read the amendment
1:10:03 it is to add a condition 58 the
1:10:06 applicant is strongly encouraged to use
1:10:08 materials for artificial turf fields
1:10:10 that comply with best available science
1:10:12 regarding detrimental effects on salmon
1:10:14 habitat to protect environmental quality
1:10:17 and to avoid materials containing six pp
1:10:20 ppd quinoa quinoa
1:10:24 any other discussion
1:10:25 follow us in favor say aye
1:10:31 oppose
1:10:33 that carries unanimously council member
1:10:37 thank you madam mayor i have one
1:10:39 additional
1:10:41 motion to make regarding a modification
1:10:44 of a condition this would modify
1:10:46 condition 45
1:10:48 and add some words
1:10:50 to that condition and i have shared this
1:10:53 so um
1:10:55 i will read with the modifications
1:10:58 turbid runoff is not allowed to
1:10:59 discharge to the providence point
1:11:01 private detention system during and
1:11:03 following construction
1:11:05 um and then the condition goes on and
1:11:07 then in the
1:11:09 in a different part or other best
1:11:11 management practices on site during
1:11:12 construction and following construction
1:11:14 for any time prior to completion of the
1:11:17 permanent stormwater system
1:11:20 is there a second
1:11:23 council member demichelle second
1:11:25 and council member hunt would you like
1:11:27 to speak to this one
1:11:29 thank you
1:11:31 similar to my rationale on the first
1:11:35 motion
1:11:37 we have comprehensive plan policy which
1:11:40 is one of our criteria
1:11:42 comprehensive plan consistency is one of
1:11:43 our criteria for approval
1:11:45 and i do believe that
1:11:47 this helps to
1:11:51 strengthen and make it clear that um the
1:11:55 turbid runoff is not allowed to
1:11:56 discharge to the private providence
1:11:58 point private detention system not just
1:12:01 during the period of construction um
1:12:03 that's that's the point of this as i
1:12:05 understand it this is consistent with
1:12:09 city code so we do have a basis in code
1:12:14 for this which is imc 13.28.025.8.26
1:12:22 we have a basis in code for making this
1:12:24 change and it clarifies that
1:12:27 even if construction stops
1:12:29 you cannot discharge that turbid water
1:12:31 into the provenance point detention
1:12:33 system
1:12:34 so i wanted to make that clarification
1:12:37 also because there seems to be some
1:12:41 there are some variables that are not
1:12:42 yet decided as far as some of the
1:12:44 phasing of the construction and so i
1:12:46 thought construction might potentially
1:12:49 start and stop and wanted to make sure
1:12:50 that it was clear at no point until the
1:12:53 permanent system is there would you be
1:12:54 allowed to um to do this
1:12:57 that's great thank you
1:12:58 any other comments before we go for the
1:13:03 okay oh deputy council president uh just
1:13:06 real quick then um i think this makes a
1:13:08 lot of sense and thank you very much for
1:13:10 bringing forward this amendment i'm not
1:13:11 seeing any obvious reason why we would
1:13:14 why we wouldn't support this change so i
1:13:15 will be supporting it thanks thanks
1:13:18 so the amendment is to add modify
1:13:21 condition 45 to read turbid runoff is
1:13:23 not allowed to discharge the providence
1:13:25 point private detention system during
1:13:27 and following construction
1:13:29 or other best management practice on
1:13:31 site during construction and following
1:13:33 construction for any time prior to
1:13:35 completion of the permanent stormwater
1:13:36 system
1:13:38 all those
1:13:40 favors sorry mayor i just wanted to
1:13:42 clarify because in my version i have
1:13:45 this dot dot dot but there is another
1:13:48 part of that so i don't know if you oh
1:13:49 sorry
1:13:51 i'll i'll do that um okay
1:13:54 turbid runoff is not allowed to
1:13:55 discharge the providence point private
1:13:57 detention system during with the words
1:13:59 added and following
1:14:02 construction jumping to the end of that
1:14:04 section or other best management
1:14:06 practices on site during construction
1:14:08 with the following wording added and
1:14:10 following construction for any time
1:14:12 prior to completion of the permanent
1:14:13 stormwater system
1:14:16 okay all those in favor say aye
1:14:22 opposed
1:14:23 that carries unanimously 7-0 and is
1:14:26 there additional discussion or are we
1:14:27 ready for the vote on the main motion
1:14:29 mayor yes
1:14:31 i would like to point out that section
1:14:33 one of the resolution adopts the
1:14:36 development commission findings and
1:14:38 because these two conditions differ from
1:14:40 their finding in conclusions we'd
1:14:42 recommend uh amendment to just conform
1:14:46 section one of the resolution to
1:14:48 acknowledge the changes that were just
1:14:50 made to the condition so i'm going to
1:14:51 put a
1:14:52 proposed motion on screen to achieve
1:14:58 in just a moment here
1:15:22 thank you is someone interested in
1:15:24 making
1:15:28 uh the top of the
1:15:30 document on the screen
1:15:33 make a motion and mirror if i could
1:15:35 clarify uh real quickly so essentially
1:15:38 this would just be putting in the body
1:15:40 of the resolution it would be
1:15:41 recognizing the addition of these
1:15:43 conditions so it'd be saying that the
1:15:45 council is adopting the development
1:15:46 commission's findings with these
1:15:48 revisions and incorporating them into
1:15:50 the body of the resolution so it may
1:15:52 seem redundant but it's it's documenting
1:15:55 the action that was just taken tonight
1:15:57 formalizing that in the resolution
1:16:00 thank you
1:16:03 is there a motion
1:16:05 thank you believe there already was a
1:16:07 motion do i need to restate that
1:16:12 a per usual process if a a council
1:16:15 member wouldn't mind um formally
1:16:19 readings
1:16:20 fantastic i can do that
1:16:25 i move to amend section one of the draft
1:16:28 resolution to adopt the development
1:16:30 commission's findings conclusions and
1:16:32 recommendations set forth in exhibit a
1:16:34 attached here too and incorporated here
1:16:36 in by this reference with the following
1:16:39 revisions there too
1:16:40 conditions of approval number 45 is
1:16:43 revised to read
1:16:45 turbid runoff is not allowed to
1:16:47 discharge to the providence point
1:16:49 private detention system during adding
1:16:52 and following
1:16:53 construction
1:16:54 to protect the downstream private system
1:16:56 this project must provide a temporary
1:16:58 bypass to root route runoff to a
1:17:01 temporary surface water containment
1:17:03 system like tesc pond baker tank etc or
1:17:08 other best management practice on-site
1:17:11 during the construction adding and
1:17:13 following construction for any time
1:17:15 prior to completion of the permanent
1:17:17 stormwater system the best management
1:17:19 practice shall be reviewed and approved
1:17:22 during site work one permit
1:17:25 an additional condition of approval
1:17:26 number 58 is added to read
1:17:29 the applicant is strongly encouraged to
1:17:31 use materials for artificial turf fields
1:17:33 that comply with the best available
1:17:35 science regarding detrimental effects on
1:17:37 salmon habitat to protect environmental
1:17:40 quality and to avoid materials
1:17:42 containing six ppd quinone
1:17:45 so second deputy council president
1:17:48 second
1:17:49 it's been moved and seconded is there
1:17:51 any discussion
1:17:52 this is a bit administrative
1:17:55 okay all in favor of this last amendment
1:17:58 please say
1:18:00 all opposed
1:18:02 the amendment carries thank you city
1:18:04 clerk
1:18:04 any discussion before we vote on the
1:18:06 main motion
1:18:12 the motion to approve resolution number
1:18:15 2022-09 approving a master site plan
1:18:18 site development permit and
1:18:19 administrative adjustment of standards
1:18:20 for the esque school district providence
1:18:22 height high school and elementary school
1:18:24 campus project with conditions and
1:18:26 adopting findings of fact and
1:18:27 conclusions has been moved and seconded
1:18:30 uh all those in favor say aye
1:18:35 opposed
1:18:37 that passes unanimously
1:18:41 i have checked in with our legal counsel
1:18:44 to see about having an opportunity to
1:18:47 share a few thoughts with you as i'm not
1:18:48 a voting member of
1:18:50 this particular decision yet have served
1:18:53 20 years on the development commission
1:18:54 and worked on many school district
1:18:56 products i am not overjoyed tonight
1:18:59 i'm actually upset i feel like there is
1:19:02 a missed opportunity here the things
1:19:04 that went well is the staff work on this
1:19:06 was outstanding the development
1:19:08 commission work
1:19:09 big lift bigger lift than i ever did
1:19:11 they did a great job and what you did
1:19:14 tonight was what you could do which was
1:19:17 decide if it met the code but the code
1:19:19 to me is not a visionary or an
1:19:21 aspirational anything it's a code
1:19:24 there's a huge lost opportunity here i'm
1:19:27 upset that we never talked about
1:19:29 what this campus could do to bring our
1:19:31 youth forward into the 21st century with
1:19:33 something other than a stadium i heard
1:19:36 in the testimony that we were provided
1:19:38 for this somebody called having a
1:19:40 stadium at every school equity that's
1:19:43 not that's equal
1:19:45 equity is making sure that all of the
1:19:47 students in the school have
1:19:48 opportunities for what they want to do
1:19:50 and not just the sporting community that
1:19:52 was probably the biggest elephant in the
1:19:54 room for the community and the neighbors
1:19:57 never got touched and it's no fault of
1:19:59 the staff it's no fault of the council
1:20:02 this is the way the system works but we
1:20:04 should have been
1:20:06 able to look at something that was
1:20:08 amazing and imaginary and forward
1:20:11 thinking and we got a school from the
1:20:12 1970s it just doesn't look or feel any
1:20:15 different i find that hugely
1:20:16 disappointing and i am not part of your
1:20:19 voting body but and i share all the
1:20:21 compliments you paid out tonight but
1:20:23 this is this to me was not
1:20:26 our best moment
1:20:27 not that we could have done it
1:20:28 differently but this is not our best
1:20:30 moment
1:20:32 what else for the end of the meeting
1:20:40 there being no other business this
1:20:41 evening
1:20:42 the meeting is adjourned at 7 51.

Attendance

Council / Members (7)
Barbara de Michele
Zach Hall
Victoria Hunt
Russell Joe
Tola Marts
Chris Reh
Lindsey Walsh

Motions and votes (5)

Approve Resolution No. 2022-09, approving a Master Site Plan, Site Development Permit and Administrative Adjustments of Standards for the Issaquah School District Providence Heights High School and Elementary School Campus Project with conditions; and adopting findings of fact and conclusions.
Moved by WALSH · seconded by HALL
Add a new Condition of Approval, Condition #58, as follows: The Applicant is strongly encouraged to use materials for artificial turf fields that comply with best available science regarding detrimental effects on salmon habitat to protect environmental quality, and to avoid materials containing 6PP…
Moved by HUNT · seconded by JOE
Carried 7-0
In favor: Barbara de Michele, Zach Hall, Victoria Hunt, Russell Joe, Tola Marts, Chris Reh, Lindsey Walsh
Modify Condition of Approval #45 as follows: Turbid runoff is not allowed to discharge to the Providence Point private detention system during and following construction… or other best management practice on- site during construction and following construction for any time prior to completion of the…
Moved by HUNT · seconded by DE MICHELE
Carried 7-0
In favor: Barbara de Michele, Zach Hall, Victoria Hunt, Russell Joe, Tola Marts, Chris Reh, Lindsey Walsh
Amend Section 1 of the draft resolution to adopt the Development Commission’s Findings, Conclusions, and Recommendation set forth in Exhibit A, attached hereto and incorporated herein by this reference, with the following revisions thereto: Condition of Approval #45 is revised to read: Turbid runoff…
Moved by WALSH · seconded by HALL
Carried 7-0
In favor: Barbara de Michele, Zach Hall, Victoria Hunt, Russell Joe, Tola Marts, Chris Reh, Lindsey Walsh
Main motion as amended: Amend Section 1 of the draft resolution to adopt the Development Commission’s Findings, Conclusions, and Recommendation set forth in Exhibit A, attached hereto and incorporated herein by this reference, with the following revisions thereto: Condition of Approval #45 is revise…
Moved by (main motion as amended) · seconded by
Carried 7-0
In favor: Barbara de Michele, Zach Hall, Victoria Hunt, Russell Joe, Tola Marts, Chris Reh, Lindsey Walsh