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01/10/1995 City CouncilAPPROVED CPIYCOUNCILAflW)TES 1117195 EDMONDS CITY COUNCIL APPROVED MINUTES JANUARY 10,1995 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Laura Hall in the Library Plaza Room, 650 Main Street. The meeting was preceded by the flag salute. ELECTED OFFICIALS PRESENT Laura Hall, Mayor Tom Petruzzi., Council President Barbara Fahey, Councilmember William J. Kasper, Councilmember Michael Hall, Councilmember (7:05) Dave Earling, Councihnember John Nordquist, Councilmember ABSENT Ellenann Chiddex, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Tom Miller, Police Chief Michael Springer, Fire Chief Art Housler, Administrative Services Director Brent Hunter, Personnel Manager Noel Miller, Superintendent of Public Works Paul Mar, Community Services Director Jeff Wilson, Current Planning Supervisor Bill Stroud, Street Supervisor Jim Walker, Acting City Engineer Greg Ramsland, Equipment Rental Supervisor Rhonda March, City Clerk Christine Laws, Recorder COUNCIL PRESIDENT TOM PETRUZZI MOVED, SECONDED BY COUNCILMEMBER BARBARA FAHEY, TO APPROVE THE AGENDA. MOTION CARRIED. 2. CONTINUED HEARING FROM NOVEMBER 15. 1994 ON PROPOSAL FOR ANNEXATION BY ELECTION METHOD FOR THE PERRINVILLE AREA (AX-2-91) kvVI)oJeff Wilson, Current Planning Supervisor, used the overhead to remind Council of the area under consideration. 7 He was before the Council in response to Council questions asked during the November 15 hearing regarding the potential financial impacts resulting from annexation of Perrinville. Staff had been requested to prepare a fiscal Jer analysis identifying projected revenue and expenditures. Staff has identified expenditures and revenues for the first three year period. The revenue figure is a constant revenue based on the 1994 tax rate. Attention was called to Agenda Memo Exhibits 4-12. Finance Director Art Housler prepared the revenue figures in Exhibit 4. A spreadsheet was prepared that showed the types of anticipated expenditures. Memoranda from each of the departments is included. In the initial year, which has the greatest amount of expenditure on the part of the City, still comes out positive, with slightly more revenue than the projected expenses for providing service to the area. Memoranda came from the Police Chief which addresses costs of call response in that area, from the Fire Chief identifying EMS issues as well as other service related issues; and from Public Works Department identifying the normal maintenance work procedures. The Engineering Division identified projects, some of which are currently under way and are joint City -County -Lynnwood projects that would take place in any event. There is an effect on Approved City Council Minutes January 10, 1995 Page 1 what percentage share the City would bear if the annexation were to go through prior to the undertaking of those projects. Inforniation is also contained from Parks and Recreation, Planning, Administration in terms of what incremental costs might be accrued in terms of providing service to the additional population. The general conclusion drawn for the first three years shows that expenditures would not exceed revenues. Councihnember Barbara Fahey thanked Mr. Wilson for the well put together report and expressed appreciation for the information contained. One question that was raised at the November 15 hearing that does not appear to have been addressed concerned whether Edmonds owns enough capacity in the treatment plant to absorb the sewage from those houses or if it will be necessary to purchase additional ownership in the Lynnwood treatment plant in order to meet that need. Mr. Wilson responded that of the capacity originally purchased in the Lynnwood plant, the City has enough capacity to service that area if it were connected to the sewer system. He referred more detailed questions to Jim Walker, Aging City Engineer. Councilmember Fahey confirmed with Mr. Wilson there are no anticipated new costs associated with that issue. Regarding Police Chief Tom Miller's report, Councilmember Fahey asked if the City presently responds to calls in that area though an interlocal agreement or if all of these costs were new costs. Chief Miller responded they would all be new costs. The only agreement there is now is a mutual aid agreement in case of emergency where the Sheriffs office was unable to cope with whatever disaster or problem there is. Councilmember Bill Kasper questioned whether response had been received from the City of Lynnwood concerning additional sewer capacity. Mr. Wilson said they had made the request of Lynnwood but had not yet received a response. Councilmember Kasper stated there is a new Comp Plan coming on and also a new method of subdividing substandard lots. He asked if those had been taken into calculation in the area that is already in the city. Mr. Wilson said in the recent past a basin analysis had been performed on what sewage from the city goes into that system to determine what is actually being used as part of that facility. Then looking at what is being used based on the capacity we have, then they looked at what the land use designation and potential land use develop pattern for that area exists to determine what additional need there might be. Preliminary analysis indicated no problem. There appears to be adequate capacity with the current agreement with the City of Lynnwood to accommodate the area of the current city but also the Perrinville area. Councilmember Kasper asked again if that took into account the new policy. Mr. Wilson responded that would take a lot -by -lot analysis within that area, and their review was done on a gross assumption in temps of density rather than identifying each potential lot as a number of other factors may come into consideration. Councilmember Kasper indicated the reason this is critical is previous experience with Lynnwood where they, in effect, consumed Edmonds' capacity for several years. Mr. Wilson suggested that would be directed to the City Attorney to determine what can be done to resolve that issue. Councilmember Kasper asked Jim Walker if the sewer L.I.D, included the cost of not getting the County participation in the storm drainage. Mr. Walker said it would not. Councilmember Kasper asked how the City would pay for it in addition to any grants received. Mr. Walker indicated it would come out of the 412 Fund like it would for any other portion of the city. Councilmember Kasper expressed his belief this information was not ' covered in the materials presented. Mr. Walker called Council attention to Exhibit 12. Councilmember Kasper again indicated the City is not charging for the loss of revenue from the County. Mr. Walker responded that right q now that project has not been agreed to by the County. The process of selecting consultants is still under way. There is a grant for the design portion, and the intent is that the City, County and Lynnwood will jointly share the cost. If the County pulls out, there will be additional costs which is identified as part of the $50,000 in year one. Approved City Council Minutes January 10, 1995 Page 2 The rest of the money for the study is identified under optional projects. It is not anticipated that project will be commenced before year three of the project. Councilmember Kasper compared this to the Meadowdale project which included storm drainage, water retention, dewatering, all in the sewer portion of the project. Mr. Walker stated that in Meadowdale there was a more direct benefit to the homeowners. Lowering the groundwater table made their lots more buildable, in Perrinville discharge off their lots would be like any other property in the city. He doesn't think that could be cleared for an L.I.D. with a benefit to them. Art Housler interjected that that total project came out to $1.9 million, $1 million of which was grants. Grants were used for the drainage part of the project: The L.I.D. was strictly for the sewage. Council President Tom Petruzzi asked Mr. Housler to explain to the audience what income the City would derive from that particular area and what share of the tax would actually come to the City. One letter received suggested an unrealistic sum to be received. Mr. Housler said the property tax rate in Edmonds is the second lowest in the 25 largest cities in Washington. The rate for property tax for 1994 was $1.85 for regular rate and 410 for the emergency medical services. Those would amount to $70,000 that would be generated in the Perrinville area. The utility tax rate is from sixth to eighth lowest in the 25 cities in Washington. In 1994 Edmonds ranks sixth. The rates for gas is 5.75% on the gross revenue generated in the city, 5.75% on long distance telephone; and 6% on electric rates. This would generate approximately $20,000 from the Perrinville area. The City also receives State -shared revenues. There are eight different revenues that are shared by the State of Washington with all cities and essentially all counties. They consist of motor vehicle excise tax, sales tax equalization, liquor excise tax and profits, jewel tax, camper excise tax and criminal justice monies. This would generate $2,000 from the Perrinville area. Sales tax is approximately $5,000 based on the businesses there; business licenses will be approximately $400; and all other revenues, permits, licenses will be about $5,000. The total amount would be $142,000 that would be generated from the Perrinville area. Councilmember John Nordquist asked Jeff Wilson about his concern regarding Olympic View Drive. He asked if the line of annexation was on the north side or the south side of the street or if the street would be split. Mr. Wilson said that Olympic View Drive, with the exception of the very southwestern portion at the intersection of 76th is all currently within the City of Lynnwood, so no portion, with the exception of that small segment, would be within the City of Edmonds. uncilmember Dave Earling thanked Mr. Wilson for the pulling together of these numbers. His one remaining question relates to street maintenance. Based on comments made, there should be relatively low street repair projected for the first three years. Mr. Wilson indicated that Noel Miller, Public Works Manager, provided information showing an approximate $6,000 annual cost for all public works projects within the area. Of that $6,000, approximately $1,000 will be for street maintenance and $2,000 for stormwater maintenance. Those are constants. The remaining $3,000 is normal water and sewer maintenance on an annual basis for that area. These are best estimates based on knowledge of the area. Councilmember Earling asked Noel Miller to comment on the general condition of the streets in the proposed annexation area in relation to the average street in Edmonds. Mr. Miller responded that the streets were in relatively good shape which is why the costs are fairly low. Approved City Council Minutes January 10, 1995 Page 3 Councilmember Earling asked Mr. Wilson to refresh for him the projected number of people that would be annexed into this area. The answer was estimated to be around 600 population made up of approximately 227 residential units. Councilmember Fahey commented that some of the people at the last hearing who objected to annexation and moving into the city seemed to think that some of the result would be increased population because of additional residences and higher traffic. Her perception is that neither of those factors would bear out because there would be nothing done to enhance traffic in that area, and there are no intentions to change any zoning from what already exists under the County Zoning Ordinances. It would not matter whether the residents were in the City or the County, the same scenario would play out. She asked for confirmation of her perception and for him to address that concern raised by those citizens. Mr. Wilson indicated it was correct. They purposefully in the resolution identified that the City wants to adopt comparable zoning. It has always been policy to basically maintain -the neighborhoods as they presently exist. They see no need nor have any desire to go in and make changes to the area. It is the intent to maintain the area in its present state. The public will have an opportunity to reaffirm that because ultimately, upon annexation, the City will need to go through and re -adopt the Comprehensive Plan for that area. Public participation will be solicited and welcomed in helping to maintain current policies in the land use designations in the area. The public portion was reopened by Mayor Hall. The first several entries on the sign-up sheet thought they were • signing in as attending, not as speaking. William H. Wood, 7019 - 179th Street S.W., stated the neighbors on the north side of Norwood Park (very northern part of the project) did not get a notice, but the people on the south side did. For that reason, this entire issue is new to him. He did not attend the November hearing. Mr. Wood asked if planning had gone far enough to determine how the L.I.D. will be situated as to cost — per lot or per foot, and has it been decided what the estimated cost of the L.I.D. will be to get this whole sewer project through. Mayor Hall suggested he could wait and see if someone else has those same questions. She advised Mr. Wood the subject was discussed at the previous hearing, but that it would be gone over again in order to be heard first hand John Margeson, Senior Real Estate Officer for Seafirst Bank, advised that the south part of Perrinville is zoned in a mist, and the management of the property and won of the trust is the job of his department. When they began managing the property, it was assumed that there would come a time when it would become annexed, most likely to Lynnwood since Lynnwood surrounded the main portion of the commercial area. The trust property consists of a portion of the property south of Olympic View Drive. With annexation, they are concerned about land use controls which may effect them. They are also concerned about the possibility of developing more intense use for the property than presently exists. They are further concerned about the fair sharing of the cost of utilities and other services and methods of payment, including the sewer question just mentioned. At present they wish to maintain an open mind but are not in a position to support annexation. Mayor Hall indicated she believed these concerns could be adequately addressed. Mayor Hall said she has served on the Snohomish County Tomorrow Committee for Growth management, and there are no plans to increase density. She further suggested that this might be a good time to field the sewer question. Jim Walker explained that there had not yet been an in-depth analysis done to determine what the cost would be. He thinks residents were told at the informational meeting that the area does not look too difficult to sewer. Because of the natural flow of drainage they do not expect anything unusual. He further explained that it is possible the whole area wont sewer, there may be pockets of people who dolt. He stated there is no automatic requirement with annexation that the L.I.D. follow. If the majority of people arent interested in sewers, they will not happen. These are two separate processes and are not tied together. Some of the recent L.I.D.s done for Approved City Council Minutes January 10, 1995 Page 4 sewer are on the order of $10,000 per lot for the development. That was on a lot basis rather than a frontage basis — they can be done either way which would be discussed with the residents — because it was thought to be more fair to the residents. Regarding the issue of payment, Mr. Walker answered that the City would take all the up -front costs, issue bonds, and then the residents pay those bonds off over a ten year period Mr. Margeson asked how the per lot versus frontage work in a commercial setting as opposed to residential. Mr. Walker said that would probably be based on customer equivalence, so it would be based on the amount of flow out of the site. That is how it would be worked out with Lynnwood, as an example, as far as determining flow, it would be based on a "per 100 gallon" type arrangement for the ratio. Usually there isn't a significantly different cost in most commercial users. Councilmember Michael Hall complimented Mr. Margeson as a trustee for this piece of property for coming forward and letting his wishes be known. As an estate planning attorney he knows trustees don't normally do this. Colin Thompson, 18329 - 72nd Avenue West, indicated he had spoken rather emotionally at the last hearing. He spoke about the Snohomish County Health Department having condemned the area. Because everyone is on septic tanks, the Snohomish County Health Department cannot force landowners to upgrade their systems. They have no way of knowing (literally) what is in the ground. What they do in response to that is to control what occurs above ground in terms of severe limits in building codes. He cited as an example that neighbor has a house of 750 square feet. When they wanted to sheet in with drywall their garage as a potential play area for their children, it was determined that was against the law there. Because of the systems restrictions, they are very sensitive about how many people live in a particular dwelling. Any room that could potentially be used as a bedroom is what they look for. There are also very limited options as to what can be done with their property, very different from what would be encountered in Edmonds or Lynnwood. He wished to point out that the laws are different for those in Edmonds than for them. Because of that he doesn`t feel he has a lot of choice. To get out from under the weight of the Snohomish County Health Department, there are only the cities of Edmonds and Lynnwood where they can get on a sewer system. Mayor Hall commented that Mr. Thompson raised an issue that needs to be addressed. She advised him that two Council members were members of that Health Board and keep apprised ofthe latest. Bob Zastrow, 179th and 72nd on the comer, moved there about 40 years ago. Mr. Zastrow's concern dealt with those on Social Security. Mayor Hall referred the concern to Art Housler for comment. Mr. Housler could not speak to the L.I.D. but advised that in sewer and water rates there are senior citizen, elderly, and low income discounts which are renewed every year on June 30. He suggested Mr. Zastrow could apply for, and probably receive, those discounts which are up to 50% of the base rate. Mr. Zastrow asked if the sewer flow would follow natural course down toward Olympic View Drive and have to go through private property or be pumped up to 72nd which would be costly. Paul Tomlin, 7530 - 184th Place S.W., indicated he too had spoken rather emotionally at the November 15 meeting. He has seen what was included in Council's packets and wanted to say that it shows it would be advantageous to the City of Edmonds and amenable to the residents in that area to be annexed by the City of Edmonds. He asked the Council to give the voters of the proposed area a chance to speak. Ken Case, 7601 Ridgeway, asked if the area were annexed if there would be any remaining area left in the county. Would it all be in either Lynnwood or Edmonds? Mayor Hall asked for perimeter streets in order to Approved City Council Minutes January 10, 1995 Page 5 answer the question. Mr. Case rephrased his question to ask if all the property outside the shaded area (of the overhead) were in either Edmonds or Lynnwood. Jeff Wilson responded that the shaded area is the only area remaining between the cities of Lynnwood and Edmonds and encompasses all of the remaining unincorporated area. Mr. Case stated that a previous speaker had indicated they didn't think the population would be more dense or that there would be more residences built if the area were in the city than if it were in the county. Mr. Case commented that there are areas that won't percolate for septic tanks and can't now be built upon which probably with sewers, if they follow annexation, will be built upon. He thinks there could be a slight to modest increase in the number of people living there and the correlating revenue to the City of Edmonds. He requested that Council give the residents a chance to vote on whether they do or do not want to be a part of Edmonds. Sandra Olson, 18509 - 73rd Avenue West, indicated this was her first meeting. She expressed an interest in cost. She questioned the mechanics of paying for sewer by the issuance of bonds. She indicated concern over how much it was to cost her to be a part of the City of Edmonds. Mayor Hall referred the question to Art Housler. Mr. Housler indicated the $10,000 figure mentioned was in order of magnitude. He explained that upon completion of the project when all the costs are in for the L.I.D., the cost would be apportioned by whatever method is used — the trend is more toward lots. Each lot will be assigned a cost. A year after the construction the owners would start paying back the City for the bonds the City took out to do the construction of the project. Typically it is attached to the utility bills over a ten year period. The only thing she would have to pay is the connection between her house and the street. He gave a qualified estimate of $1,000 for that connection. William H. Wood, 17029 - 179th Street S.W., spoke again. He recounted his experience with a previous annexation at 8430 - 218th S.W. where the annexation and sewer hookup went together, without any choice given the residents as to whether they wished sewers. He questioned how the City could in one instance say you have to have sewers, and in another area give the residents a choice after annexation. Mayor Hall deferred to Jim Walker for response. Mr. Walker indicated there are a couple of conditions where the City would require connection to sewers. Based on distance of 200 feet, the Public Works Department has the ability to require people to expand and make a connection. Another instance would be where there is a health hazard. He acknowledged he was unaware what the situation was on that annexation or if the code had since changed. Mr. Wood reiterated that in the previous annexation the City would not annex the area unless it connected to the sewer. That annexation area was only slightly larger than the Perrinville area. Mayor Hall said the code could be checked, and he could have an answer tomorrow (1/11). Mayor Hall closed the audience portion and remanded the issue to Council. Councilmember Earling expressed appreciation for having another opportunity to hear from some of the citizens as well as get the information back from Staff. He believes that, similar to his work with the RTA process and encouraging all of the cities in the area to give the citizens an opportunity to vote, that that fundamental principle holds true here too. He thinks this has been under consideration for a long time, and it is time to give the people of the area an opportunity to decide what they would like to do. COUNCILMEMBER DAVE EARLING MOVED, SECONDED BY COUNCILMEMBER BARBARA FAHEY, TO ADOPT RESOLUTION 806 INITIATING AN ELECTION METHOD ANNEXATION OF THE UNINCORPORATED AREA COMMONLY REFERRED TO AS "PERRINVILLE" AND TO DIRECT STAFF TO PREPARE THE REQUIRED APPLICATION MATERIAL TO SUBMIT THE ANNEXATION REQUEST TO THE SNOHOMISH COUNTY COUNCIL AND THE BOUNDARY REVIEW BOARD. Approved City Council Minutes January 10, 1995 Page 6 Councilmember Bill Kasper asked if the motion implied that we would have an answer from the City of Lynnwood regarding the connection of sewers along Olympic View Drive; is it implied that we have a relationship with them on our capacity in this area as well as in the other area. The response was that it did. Councilmember Nordquist stated he would support the motion because in the resolution it indicates it is for the general interest and general welfare of the City of Edmonds, but he thinks it is also for the best interests and general welfare of the people who live in the area. He thinks they should let the people know that they do want them and welcome them into the city. Although there is talk about sewering the area, that is a benefit that can be offered to the residents by the City just as police protection and some of the other benefits. He doesn't see in the resolution that a demand is being made that the area be sewered. That is not the intention of the resolution; it is to offer the opportunity that we can joint venture this annexation together, and it is not just Edmonds coming after Perrinville residents. It is a mutual benefit. He expressed his believe that over the years Perrinville has been important to the city. This is an opportunity to offer something that is in the best interests of both parties. Council President Petruzzi stated he lives in the Perrinville area, just inside the city zone. He expressed pleasure that his neighbors will have an opportunity to vote on becoming members of the city. Council President Petruzzi called for the question. MOTION CARRIED: Mayor Hall indicated the audience should feel free to call City Hall with any further questions or comments. Responding to Council inquiry, Jeff Wilson explained that this is an initiation process. There are then several steps required by state law to be followed. One of these steps is to put an application together to the Boundary Review Board for its review as well as that of other entities. That review process is no less than 45 days but can take up to a maximum of 120 days. Once it completes that process, and with the Boundary Review Board's approval, the Council then needs to adopt a resolution that establishes an election date a minimum of 60 days after the Council passes the resolution. It is probable the process will take 3-6 months. As discussed with Council and indicated at the last hearing, Staff sees this . as a good opportunity to use a mailed ballot, where all registered voters in the area would be mailed a ballot directly from the Auditor's office, rather than having to put it on the ballot at another time. In that way the greatest participation rate and opportunity to vote can be assured. 3. MAYOR'S REAPPOINTMENT TO PLANNING BOARD Mayor Hall referred Council to the recommendation in their packet that Rob Morrison be reappointed for another term on the Planning Board. COUNCILMEMBER JOHN NORDQUIST MOVED, SECONDED BY COUNCILMEMBER MICHAEL HALL, TO CONFIRM THE REAPPOINTMENT OF ROB MORRISON FOR THE TERM OF 1/1/95 TO 12/31/98 ON THE PLANNING BOARD. MOTION CARRIED. 4. COUNCIL Council President Petruzzi reviewed several items with Council: Approved City Council Minutes January 10, 1995 Page 7 A. A notice of council vacancy has gone out. The City Clerk put together an excellent package incorporating some of what was had in Federal Way and adding our own seven questions to it, with one minor change in one of the questions recommended. That process is started. B. The Council retreat has been scheduled for Friday, February 24, through Saturday, O)JI February 25, at the LaConner Lodge in LaConner. This will be placed on the agenda for further discussion. C. There was a letter from Scott Snyder. He would like to take the opportunity to speak to Council prior to his going to Washington, D.C., to face the Supreme Court. Council President Petruzzi feels it appropriate to have him speak as it would be a short period and there would not be an overnight stay. Council consensus was that it was appropriate. D. Also from Scott Snyder came another communication regarding the new Snohomish County Tourism Advisory Board to which Councilmember Fahey is appointed. The question is whether it is a temporary committee which meets infiequently versus a permanent. Council President Petruzzi feels it is definitely a permanent committee because on an annual basis this committee will have to get together to decide how to divide the funds. The appointment of Councilmember Fahey to that committee is a two year appointment. He asked for confirmation that an ordinance has been prepared. City Clerk Rhonda March indicated she had it on the agenda for next week. E. There was also received a letter from Art Housler regarding a program developed to improve risk loss control. All members must adhere to the requirements of the contract with regard to the AWC. Three elected officials and the mayor must attend a 2.5 hour training session on land use. He thinks discussion should be had as to whom to assign. He asked Mr. Housler about when this would be. Mr. Housler indicated that the benefit of getting notice early is that the Council can set the time flame and the date it would like to submit the meeting. That is then submitted as soon as possible. Then other cities will have to come to our meeting place at our time. Early submission means added convenience for Council. Council President Petruzzi asked who was interested in participating. One of his recommendations is that the new councilmember attend as it is not at this time known whether that person will have a land use background. He asked for two volunteers. Councilmember Fahey indicated her understanding from the extended memo from the Association of Washington Cities that this would also cover quasi-judicial hearings and bringing people on line as to what they can and cannot appropriately do. She found that information very beneficial when she attended the AWC meeting to attend and agreed any new councilmember should attend. Councilmember Dave Earling also volunteered. Accordingly, the three councilpeople who will attend will be Dave Earling, Barbara Fahey, and the new Council member who will be appointed. Council President Pdruzzi requested these individuals meet with Mr. Housler to pick out a date for submission. F. The AWC Conference is February 22-23 at the Tyee in Olympia. He reminded Council of the retreat starting February 24. Edmonds is budgeted for two councihmembers. Barbara Fahey has asked to attend. Again, Council President Petruzzi recommended that the new counciltnember be told that he/she will be required to attend that conference. Discussion was held as to whether there would be a specific time set aside for a meeting of new councilmembers. He suggested Council think over the matter in preparation for discussion next week. Council President Petruzzi asked CouncHmember Fahey to see if AWC has anything scheduled for new councilmembers. Approved City Council Minutes January 10, 1995 Page 8 G. We have received our first application for appointment to City Council fiom Alvin Rutledge. ouncil President Petruzzi has asked Barbara Mehlert to get the applications to Council as quickly as possible 4�,/during the process so that the reviews can be spread out and not all done the evening before the interviews. 4U H. Another item involved the ordinance regarding City Council vacancies. As Mayor Hall pointed out last week, Ordinance No. 1626 is 22 or 23 years old. A new ordinance has been given to Council today. The old ordinance will be repealed and replaced by the new ordinance. Any comments should be directed to the City Clerk. I. Council President Petruzzi added to the January 24 agenda a 20 minute discussion on the upcoming City Council retreat. On the 24th he would like each councilmember to come in with some general idea of how they would like the program to run. J. Council President Petruzzi added to the January 24 agenda a 30 minute time slot to discuss 1995 salary increases for management employees who are non-union. 1��,, K. This Thursday there will be a Disability Board meeting. Councilmember Nordquist has served U on the Disability Board and has agreed to attend. Councilmember Nordquist stated that in 1984 or 1985 Mayor Hall wrote a letter to City Attorney Scott Snyder regarding the conflict of interest ordinance. He believes that with a new person coming on the Council, it is important that all members have the most updated copy of that ordinance. He also thinks the latest opinion on executive sessions should be received. He thinks we should be right up to snuff. His concern was that if we have to go into litigation on anything that nothing was held that was irregular. Council President Petruzzi indicated tonight was a committee format. Last year a lot of discussion was held on going into the full council format. He, personally, likes that. There has been some difficulty with loss of fiee- flow discussion. He suggested using tonight to look and see how it goes using the regular Roberts Rules of Order as we have them established for other Council meetings. If Council feels uncomfortable with it, adjustments can be made. He would like more of a free flow of information. After discussion, it was decided to have the head of each committee chair that portion of the meeting. Councihnember Mike Hall announced that City Clerk Rhonda March was honored by the International Institute of Municipal Clerks. He also mentioned having received a memo regarding six or seven new employees. He asked if it would be appropriate to invite those individuals brought forward at some point to be introduced. Councilmember Hall read into the record the names of the new employees: Jeanie Hadford, Michael Smith, Kirk Vick, Patty Kumbera, Randy Richards, Tom Ziemer, and David Steele. Councilmember Fahey attended the Council Communications Conference last Friday. It was very informative. / One of the points of discussion was related to the issue of towers and granting licenses. She noticed that two hearings are upcoming, one on January 17 and one on February 7 with different companies who have applied. Up until this time she was unaware there were upcoming hearings. Various citizens have provided her with information. She found out that there was some specific information that could be made available to all of the Council related to this issue in terns of what the technology is, what companies realistically need as opposed to what other feel they need which might be unrealistic. She agrees that before decisions can be made on this issue, the whole thing has to be evaluated and some sort of universal policy needs to be established. One of the people at the meeting had spoken frequently with Staff and were very complimentary of Paul Mar. She suggested that if Approved City Council Minutes January 10, 1995 Page 9 they have any generic information regarding this issue, it should be made available to all of the councilmembers in some form so they have concrete, unbiased information to put all of these issues in a fume of reference.. Councilmember Nordquist thinks that would be introducing additional information with a hearing coming up next week. He asked if it was desired to put a moratorium on those hearings and gather all of this information so that there is equal input fiom both sides so the phone company can come back and defend what you have. Councilmember Fahey responded that she didn't necessarily want to accumulate information directly related to these processes and the decisions Council will need to make, but all have access to information about these issues which is generic in nature, and which if it were possessed by the body as a whole would not be a violation of the appearance of fairness doctrine. Councilmember Nordquist suggested maybe this information should be garnered before a hearing. Discussion was held concerning the possibility of changing the hearing dates. Councilmember Hall suggested holding the hearings and decide among themselves whether they want to make a decision at this point without getting further information. He agrees this is something we don't know the implications, but he would like to have some of this information. He doesn't feel it appropriate. to put off the hearings, but they could be held and a decision postponed. City Clerk Rhonda March indicated the hearing coming up is an appeal of a Hearing Examiner's decision which does require the holding of a hearing within a specified number of days. Council President Petruzzi intruded Ms. March to delete Item 11 from the January 17 agenda because of the salary discussion on management employees who are non -union on the January 24 agenda. Mayor Hall reported to Council that today the mayors of South County met. Present were Mayor Roger Bergh, Mayor Tina Roberts, City Administrator Norma Wild, and Mayor Ross Wood. There was quite a full agenda with the recycling program, filling of city council vacancies, Lake Ballinger water skiing event, legislative process regarding annexation, fire consolidation, Medic 7 report. The one she highlighted was the water ski event on Lake Ballinger. Several of the books are in Council possession. They will be meeting with Walt Fahst, City Manager of Mountlake Terrace, and getting some direction. The matter will then be brought to Council to review their proposal. Her concern is that Mountlake Terrace passed a variance to allow this to take place on a one term event, and she thinks it has some modifications because Edmonds also shares in that lake. Mayor Hall wrote to Mayor Berg and read to Council her questions as follows: o ♦ How will the safety of lake users, swimmers and non -powered boat users be sustained? fU� ♦ Will this event be the start of many more to come? ♦ Although it is my understanding that the boats will be powered with electric motors and not gasoline motors, what impact will the speed and churning of the boats have on the lake rehabilitation work? ♦ Grants have been accepted for lake rehabilitation. Are there restrictions? ♦ How many people are expected to attend this event? ♦ Who will clean up after the event? ♦ Which jurisdiction will be responsible for enforcement? Approved City Council Minutes January 10, 1995 Page 10 Answers should be forthcoming. Also, Council has been provided with copies of two letters from Bob Boye who lives on the lake. Over the years he has had the salmon hatchery, and he has given words of advice. Tomorrow there will be a memorial service for James T. Brown, Walter D. Kilgore, Gregory M. Shoemaker, and Randall Terlicker, Seattle fire fighters who died in the line of duty on January 5. The service will be at the Seattle Center at 10:00 a.m. with a reception to follow at the Westin Hotel. Mayor Hall read to Council the letter of condolence sent to Mayor Norm Rice. Mayor Hall announced there will be a meeting of the Association of Snohomish County Cities and Towns at the Monte Cristo, with 6:30 p.m. no -host socializing, 7:00 p.m. dinner, and 8:00 pm. program. It was noted Councilmember Dave Earling is to be one of the speakers, doing an informational presentation on the RTA. y Vision 2020 open discussion will be led by Mayors Roger Bergh, Steven Dana and David Weiser. Reservations VI% X V !q are required to be made by Thursday, January 12. 5. EXECUTIVE SESSION ON PERSONNEL MATTERS Mayor Hall recessed Council for a 20 minute executive session on personnel matters at 8:25 p.m. The meeting was reconvened at 8:52 p.m. Councilmember Nordquist was called away on an emergency. ADJOURN TO COMMITTEE FORMAT II. COMMUNITY SERVICES COMMITTEE AGENDA A. REVIEW OF MEETING HELD ON PROPOSED STORMWATER ORDINANCE Jim Walker reported on the meeting held with developers and engineers regarding the stormwater ordinance that was brought to Council previously. Invitations were sent to about 40 builders and 20 engineers. Attendance a the meeting was poor. The primary concerns were either minor or detail oriented. Vaulting was discussed as a manner of storage. Other issues raised included 1) whether roof drainage would be required to meet water quality (it has not in the past), and 2) how things would work with the Planning Department. There is nothing clear in the manual as to roof drainage, so that question will go back to Ecology for response. Planning Department matters will likely be handled on a case -by -case basis. There are a number of people who maintain water rights within the city. That should not be a real crucial problem in that they are only using the water for irrigation rather than potable water. Ecology is trying to insure that there is not a risk of contamination. While it not likely to be much of a concern, they are taking that back to Ecology to try to eliminate that potential problem. Staff has talked to Ecology about the standards proposed, and they basically have no problem with them. There are certain minimum requirements which must be met. The question of when the policy would take effect was discussed. Does vesting occur on application date or on permit date? What constitutes a complete application? I can be set up a number of ways, one of which is to say that anyone who submits a completed application prior to a date certain will be vested, and the old rules would apply. Mr. Walker requested Council consider this issue before the next meeting. Approved City Council Minutes January 10, 1995 Page 11 There are also some items they have concerns about in terms of engineering. They require releases of very tiny amounts of water because they are trying to control releases. From a small pipe, you have a very small orifice that can clog and not function at all. Because Edmonds is close to the Sound, it is thought that within the code they will try to waive the two year control requirement to prevent erosion in a case where a pipe discharges directly to the outflow line on Dayton Street or the Shell Creek outflow line. Edmonds has adopted a version of the manual. If the manual is changed, it is not believed there will be a lot of significant revisions, but any changes needed can then come before Council. Mr. Walker reminded Council there are requirements for maintenance of both public and private systems. He went through the drainage study done by Staff and looked at the numbers they had and what they thought was required in terms of additional maintenance people. They had 6.58 additional manhours based on the assumptions they made. One of those assumption was that catch basins and manholes be cleaned every eight months. If we go with one year which is what is required by Ecology, that cuts the requirement for manpower and the use of the vactor down to 5.5 employees which is still a significant increase. It was suggested at the meeting that there be private cleaning of catch basins. It is uncertain how many such firms exist or what rates would be charged. Responding to Councilmember Kasper's question, Mr. Walker indicated that on single lots there will be very little difference in an already divided single lot unless the house is over 5,000 square feet for the house and driveway. About 2% of the houses building in Edmonds may be that size. That 5,000 square feet is what triggers the ordinance. Councilmember Earling asked if there was any reaction from engineers regarding retention designs in smaller developments. Mr. Walker indicated that had not really been brought up. He suggested that one thing that often works in favor of the person doing the building is that many lots already have a slope, so if they build a little high, it is easy to get the detention in. There will be situations where there may be needed some unique things such as pumping. That is something to avoid if possible, but they may have to pump the discharge out and still provide a gravity overflow in case the pump fails. Councilmember Kasper confirmed with Mr. Walker there is a hearing scheduled for the first week of February. He asked if a resolution was forthcoming. Mr. Walker indicated it is their intent to try to get some modifications to Scott Snyder to draft an ordinance that would be acceptable to Ecology. They will also try to get them to review the changes, if possible. Councilmember Kasper indicated it was suggested in a letter that it is important to have the changes identified m the ordinance so they can be tracked. Councilmember Kasper feels that could be moved for the next hearing, with a voting hearing beyond that if needed. Councilmember Earling asked if the notice for the hearing could be sent to the same individuals who received notification of the meeting. Mr. Walker said that could be done. B. DISSCUSSION OF TEMPORARY PARKING USE AT OLD PUBLIC WORKS BUILDING U Approved City Council Minutes January 10, 1995 Page 12 City Clerk Rhonda March reported for the Downtown Parking Committee as to the possibility of the short4erm use of the Public Works parking lot during the day for business people, their employees, etc. They are looking at it as a good gesture rather than as a rental lot since the term of its availability is unknown. It would free up the parking around the residences and condominiums who are suffering at the present time. It is already available during the weekend and has been for many years without cost. Discussion was had with some of the downtown people who are on the parking committee. They do not see revenue generation there because they could park on Second Avenue at no cost. Ms. March does not feel it worth the effort to put a rental fee on it, but feels it would be nice to make it available for people to use during the day. Councilmember Earling asked if the intent would to limit the number of hours that people could park there. Ms. March recommended that during the week it be limited to before 6:00. Discussion was held concerning what would be necessary procedurally to charge a fee and whether it would be feasible in light of the problem being encountered with other lots. It was suggested that the parking might be until 8:00 p.m. for some of the dinner traffic for some of the restaurants. Further discussion concerned possible use by ferry traffic. Noel Miller indicated past practice had allowed overnight parking during the week until 6:30 a.m. It was the consensus of Council that ferry traffic use paid parking lots. City Clerk Rhonda March will put up signage indicating the availability of limited free parking. Some spaces will be reserved for Public Works. Ms. March also prepared Council for the probability of seeing advertising for parking availability in the Fifth Avenue lot as several spaces are left vacant. III. FINANCE COMMITTEE AGENDA A. REVIEW RECOMMENDATION FOR RECLASSIFICATION OF DEPUTY CITY n CLERK Council President Petruzzi filled in for absent committee chair John Nordquist. Brent Hunter, Personnel Manager, reported that this is a recommendation to reclassify the Deputy City Clerk's position from an NE-5 to an NE-7 pay level. No changes are recommended in the job description. In the past seven years this position has undergone numerous changes. The last change was in 1992. Prior to that point the position had been used as a general clerical backup in the Executive Building, and on adopting the position Council established it at an NE-5. In 1992 it was changed back to a Deputy City Clerk. At the time of the change, the pay was not adjusted. It is believed it now needs to be adjusted up to fit the duties the Deputy City Clerk is performing. The recommendation to reclassify the position from an NE-5 to an NE-7 pay level will. raise that salary on an annual basis approximately $2,350 that includes benefits. That amount has been budgeted in the Salary Pool in 1995 which has been moved to the Council Contingency Fund. The salary range for an NE-7 is $25,560 minimum to a maximum salary of $31,692. The pay as an NE-5 is $22,572 minimum to a maximum of $27,984. The actual pay right now is $26,664. This will be a 5% pay increase. Mr. Hunter reported that the present City Clerk has 30 years in and is eligible for retirement at any time she chooses to do so. He extolled the skills and capabilities of the present Deputy City Clerk who was almost hired away from Edmonds by the City of Woodinville. With the time and training invested in the Deputy City Clerk, it is not to Edmonds' advantage to keep the salary low so some other city can recruit this person away fiom Edmonds. Approved City Council Minutes January 10, 1995 Page 13 Discussion ensued as to the duties of the Deputy City Clerk and whether or not she would remain a union employee. She will remain a union employee. This is a change in job classification and not merely a salary increase for a particular individual. Councilmember Earling said that based on his personal obseration of the skills of the current Deputy City Clerk and the necessity of having someone with these skills in this position, he would like to see this come back to Council on a Consent Agenda. It as the consensus of Council that this be done. B. REVIEW CELLULAR TAX ORDINANCE Council President Petruzzi indicated this was a lengthy document that could be boiled down quickly when looking ..at the letter from the City Attorney Scott Snyder. Art Housler stated that there is already an ordinance in place that covers everything, but because the Department of Revenue published a report claiming an advantage to having uniformity in all of the cities in cellular taxes. According to Mr. Snyder the only changes needed are for the purpose of uniformity in definitions and selective language. The changes will not affect revenue. These were likened to housekeeping changes. Discussion followed concerning how the tax revenues would be allocated — to the cell site or the originating address of the person who owns the phone, or where they used the phone. Another question was whether the tax could be reduced by bad debts. Councilmember Hall feels Council should go on record and say it wants as much revenue as possible accumulated by the City. The cellular companies have the opportunity to bill or be taxes in the home address for the subscriber or the cell site of origination. Just because there is a bad debt that cannot be collected by the cellular company doesn`t mean the City isn't impacted by calls made within our jurisdiction. An example given was that 911 calls are impacted by the cellular telephone industry. If Edmonds is impacted by a call, it should receive the tax revenue for it. Mr. Housler stated the issue of loss was covered on page three. As far as the cost of deductions, they can deduct the amount they are paying to the city from the gross revenues before they calculate the 5.75% that we are charging. The Finance Committee recommends that Amended Cellular Tax Ordinance be brought back to Council on the January 17 Consent Agenda. Mr. Housler will communicate again with Mr. Snyder to make sure all of Council's questions have been adequately addressed. C. REVIEW PETTY CASH EXPENDITURES FOR MONTH OF DECEMBER 1994 Council President Petruzzi confirmed with Mr. Hunter that petty cash expenditures are those of $25 or less and ^J \ that, accordingly, the City Treasury list showing $99 for recording fees are for multiple recordings. COUNCIL PRESIDENT TOM PETRUZZI MOVED, SECONDED BY COUNCILMEMBER MICHAEL HALL, TO ADD TO THE AGENDA AS ITEM D THE HISTORY AND SUMMARY OF PROPOSED BUDGETED 1995 VEHICLE AND REPLACEMENT. qvMOTION CARRIED. Approved City Council Minutes January 10, 1995 Page 14 D. HISTORY AND SUMMARY OF PROPOSED BUDGETED 1995 VEHICLE AND EQUIPMENT REPLACEMENTS City Clerk Rhonda March indicated this item was inadvertently left off the committee agenda. This was in conjunction with the Council's previous desire to have purchases of vehicles come before the Committee before it shows up on the agenda. Greg Ramsland, Equipment Rental Supervisor, and Noel Miller, Superintendent of Public Works, handled this discussion on an informational basis. It was their desire to advise Council of the vehicle purchasing plan. They have also had problems purchasing off of state contracts in a timely manner, so they wanted to make sure any questions concerning these purchases were answered right away as that needs to be pursued this month. Seven units need to be replaced which are listed on the first three pages of the memo. The second part of the packet refers to Mr. Ramsland's approach toward replacing vehicles and what the refund is about. The third memo is from Ron Holland. Water/Sewer Supervisor, and explains why he needs to get a new backhoe. The Edmonds Cemetery Board has asked to purchase the backhoe currently being used by the water/sewer section. The information also provides information as to where the City is regarding the total B Fund for the vehicles and equipment. The three units marked by an asterisk (Unit 90, Ford flatbed; Unit 33, Chevrolet flatbed; and Unit 308, Chevrolet Lumina for the police department) are paid through the Washington State Purchasing Contract. It was requested that the state contract units be placed on the Consent Agenda for January 17 so Mr. Ramsland can commence his orders for those vehicles. The other four units will came on the Consent Agenda on an individual basis. Normally the purchases are spread throughout the year so the bidding and procuring process can start for each of the specialized units that can't be obtained off of the state contract. The mileage on Unit 33 was questioned and corrected as being 45,000 miles. The present factory backups will not effect the leases because they are good until 1996. However, in December three cars were received that had been ordered in February. There was discussion of the replacement of vehicles, with some of the older cars being used. The Lumina is presently being used both day and night. Mr. Miller indicated it could be difficult to get vehicles. Staff can go out on separate bids for the vehicles. One of the problems is that the City Attorney has specifically requested that the City require dealers to post bid bonds which has not been of interest to the dealers. COUNCIL PRESIDENT TOM PETRUZZI MOVED, SECONDED BY COUNCILMEMBER BARBARA FAHEY, TO EXTEND THE MEETING. MOTION CARRIED. It was requested that a comparison between leasing and buying be brought before Council in the next couple of months. Some discussion followed on the merits and drawbacks of leasing. Clarification was also requested on the meaning of "B Fund Total" and what else has been purchased under the B Fund besides vehicles. Explanation was given on how the total was calculated. The only items besides vehicles believed to have been purchased from this fund were police radar guns. Approved City Council Minutes January 10, 1995 Page 15 Council consensus was to bring back on the Consent Agenda the three vehicles under the Washington State Purchasing Contract. It was also questioned whether Police Chief Miller could purchase a used car. It was determined he could if money could be saved. IV. PUBLIC SAFETY COMMITTEE A. PRESENTATION ON POLICE COMMUNITY ADVISORY BOARD Police Chief Tom Miller passed out to the Council a proposed ordinance for a police community advisory board. If acceptable to Council, it was requested that this matter be put on the agenda for the next public meeting for review. The ordinance involves the creation of an advisory board for the police department consisting of nine board members established for the purpose of providing information, input, feedback, and communicating the Department's goals to the public. The board would have not less than five members that are city residents, at Q least two members owners or managers of businesses located within the city, and at least one member who is a high school age resident of the city. Initial terms and appointments would be staggered, subsequent terms would �j be four years and be appointed by the mayor and confirmed by Council. There would be no compensation for V board members. He reviewed the duties of the Board as indicated in the proposed ordinance. The board would meet on a quarterly basis and may have special meetings as deemed necessary by the board and subject to the open meetings act. Officers would be elected as deemed necessary to conduct business. There was discussion concerning whether, in the event of a disagreement between the Council and the union, there would be a problem with negotiations. Chief Miller stated this was covered under Section C on page 4 of the proposed ordinance. Further concern was expressed over the possibility of the press building public opinion without having both sides of the issue. Language can be used that would include the fact that they would absolutely take no part in activity having to do with union relationships/negotiations, or disability. Mayor Hall confirmed this could be done. Chief Miller will contact City Attorney Scott Snyder to address that issue A brief discussion was held regarding the type of minutes to be received. This was determined to be a good item to discuss at the retreat. Rhonda March indicated she had given instructions to do summary reporting of the committee portion of the meeting. Chief Miller made some announcements. The community police task force is to be advertising two town hall meetings this year, one in the Plaza. Room in February and the other at Seaview Elementary School. It is hoped to bring people closer to the Department in terms of input. On the District 1 appeal, there has been confusion at the political level. The BRB has told the Sheriffs office there is an appeal filed. Consequently, the Sheriffs office is continuing to respond to calls in the Aurora Marketplace annexation when he has also had officers responding to the same call. There is presently dual coverage. Chief Miller talked to Mountlake Terrace Chief Turner, and the Lake Ballinger ski boat function may be tenuous as there is a falling out with the Nile folks and the organizers. There being no further business to come before the meeting, the meeting was adjourned at 10:19 p.m. THE ORIGINAL SIGNED COPY OF THESE MJNUTES, AS WELL AS A TAPED RECORDING OF ALL COUNCIL MEETINGS, CAN BE LOCATED IN THE CITY CLERK'S OFFICE. NDA J. MARCH, CITY CLERK Approved City Council Minutes January 10, 1995 Page 16 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 -10:00 p.m. JANUARY 10, 1995 CITY COUNCIL COMMITTEE WORK MEETING (Second Tuesday of Each Month) CALL TO ORDER FLAG SALUTE 1. APPROVAL OF AGENDA 2. (30 min.) CONTINUED HEARING FROM NOVEMBER 15, 1994 ON PROPOSAL FOR ANNEXATION BY ELECTION METHOD FOR THE PERRINVILLE AREA (AX-2-91) 3. (5 min.) MAYOR'S REAPPOINTMENT TO PLANNING BOARD 4. (15 min.) COUNCIL 5. (20 min.) EXECUTIVE SESSION ON PERSONNEL MATTERS ADJOURN TO COMMITTEE FORMAT The City Council Committee Work Meeting is a meeting of the full City Council and staff. The meeting format is structured by committee. All related committee reports and discussion are scheduled to be presented in the order as shown below. The meetings are open to the public but are not public hearings. I. • COMMUNITY SERVICES COMMITTEE AGENDA: (30 MINUTES) (A) REVIEW OF MEETING HELD ON PROPOSED STORMWATER ORDINANCE (B) DISCUSSION OF TEMPORARY PARKING USE AT OLD PUBLIC WORKS BUILDING if. FINANCE COMMITTEE AGENDA: (30 MINUTES) (A) REVIEW RECOMMENDATION FOR RECLASSIFICATION OF DEPUTY CITY CLERK (B) REVIEW CELLULAR TAX ORDINANCE (C) REVIEW PETTY CASH EXPENDITURES FOR MONTH OF DECEMBER, 1994 III. PUBLIC SAFETY COMMITTEE: (20 MINUTES) (A) PRESENTATION ON POLICE COMMUNITY ADVISORY BOARD PARKING AND MEETING ROOMS ARE ACCESSIBLE FOR PERSONS WITH DISABILITIES. CONTACT THE CITY CLERK AT 771-0246 WITH 24 HOURS ADVANCE NOTICE FOR SPECIAL ACCOMMODATIONS THE COUNCIL AGENDA APPEARS ON CHAMBERS CABLE, CHANNEL 32. THIS MEETING IS NOT TELEVISED.