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11/03/2003 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES November 3, 2003 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Dave Earling, Council President Jeff Wilson, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Dave Orvis, Councilmember Richard Marin, Councilmember Deanna Dawson, Councilmember ALSO PRESENT Alex Brent - Fielding, Student Representative APPROVAL OF AGENDA STAFF PRESENT David Stern, Chief of Police Duane Bowman, Development Services Director Dan Clements, Administrative Services Director Noel Miller, Public Works Director Dave Gebert, City Engineer Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1 COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF THE AGENDA. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS Councilmember Dawson requested Item E be removed from the Consent Agenda. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER DAWSON, FOR APPROVAL OF THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: Approve (A) ROLL CALL 10/28/03 Minutes (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF OCTOBER 28, 2003. Approve Claim (C) APPROVAL OF CLAIM CHECKS #66363 THROUGH #66511 FOR THE WEEK OF Checks OCTOBER 27, 2003, IN THE AMOUNT OF $557,910.76. ]aim for (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM THOMAS McMILLIN amages ($395.00). Vacate (F) APPROVAL OF FINDINGS OF FACT FOR A PUBLIC HEARING HELD OCTOBER 21, Portion of 2003 REGARDING A REQUEST TO VACATE A 12 -FOOT WIDE BY 75 -FOOT LONG Alley at 920 PORTION OF THE ALLEY IMMEDIATELY TO THE NORTH OF 920 — 8TH AVENUE 8"' Ave. S. SOUTH. (APPLICANT: THOMAS AND SUSAN NICHOLSON / FILE NO. ST -03 -120). Edmonds City Council Approved Minutes November 3, 2003 Page 1 100 Ave. w (G) AUTHORIZATION TO ADVERTISE FOR STATEMENTS OF QUALIFICATION FROM ght of Wa abilization CONSULTANTS FOR THE DESIGN OF THE 100TH AVENUE WEST RIGHT -OF -WAY oject STABILIZATION PROJECT. ympic (H) AUTHORIZATION FOR MAYOR TO SIGN A PROFESSIONAL SERVICES iew Drive AGREEMENT WITH C112M HILL FOR OLYMPIC VIEW DRIVE WATER MAIN AND Water Main/ Sewer SEWER LATERALS INSTALLATION DESIGN. terals (I) AUTHORIZATION FOR THE MAYOR TO SIGN THE FIRST ADDENDUM TO THE Interlocal INTERLOCAL COOPERATION AGREEMENT FOR VEHICLE MAINTENANCE Agreement for Vehicle SERVICE BETWEEN THE CITY OF EDMONDS AND THE TOWN OF WOODWAY. Maintenance (J) ORDINANCE NO. 3472 REZONING CERTAIN REAL PROPERTY DESCRIBED IN O rd# 3472 Rezone West FILE NO. R- 03 -75, LOCATED WEST OF 75TH PLACE WEST IN EDMONDS, of 75th Pl. W WASHINGTON FROM SINGLE - FAMILY RESIDENTIAL (RS -20) TO SINGLE - FAMILY RESIDENTIAL (RS -12). rd# 3473 (K) ORDINANCE NO. 3473 ADOPTED PURSUANT TO RCW 35A.63.220; ADOPTING AN Opiate Substitution INTERIM ZONING REGULATION IMPOSING A MORATORIUM ON THE Treatment PROCESSING OF PERMIT AND LICENSE APPLICATIONS FOR THE Service ESTABLISHMENT OF OPIATE SUBSTITUTION TREATMENT SERVICE PROVIDER Provider FACILITIES WITHIN THE CITY; ESTABLISHING A PUBLIC HEARING DATE acilities WITHIN SIXTY DAYS OF THE ADOPTION OF THIS ORDINANCE; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE rd# 3474 (L) ORDINANCE NO. 3474 ADOPTED PURSUANT TO RCW 35A.63.220; AMENDING Essential TITLE 20 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE BY ADDING A u blic cilities NEW CHAPTER 20.16 ESSENTIAL PUBLIC FACILITIES THERETO; ADOPTING REGULATIONS GOVERNING THE SITING, PERMITTING AND MITIGATION OF ESSENTIAL PUBLIC FACILITIES; SETTING A PUBLIC HEARING, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. Item E: Approval of Findings of Fact for a Closed Record Review held October 7. 2003 regarding an anneal Mixed Use of the Architectural Design Board's decision to approve an application for a new mixed use building. The Building at property is located at 215 (currently addressed as 207 and 211) 5th Avenue North and is zoned BC 15 5t° Ave. (Community Business). North. Councilmember Dawson advised she would abstain from voting on this item as she was not present for the Closed Record Review due to illness. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER MARIN, FOR APPROVAL OF CONSENT AGENDA ITEM E. MOTION CARRIED (6 -0 -1), COUNCILMEMBER DAWSON ABSTAINED. The item approved is as follows: (E) APPROVAL OF FINDINGS OF FACT FOR A CLOSED RECORD REVIEW HELD OCTOBER 7, 2003 REGARDING AN APPEAL OF THE ARCHITECTURAL DESIGN BOARD'S DECISION TO APPROVE AN APPLICATION FOR A NEW MIXED USE BUILDING. THE PROPERTY IS LOCATED AT 215 (CURRENTLY ADDRESSED AS 207 AND 211) 5TH AVENUE NORTH AND IS ZONED BC (COMMUNITY BUSINESS). (APPELLANTS: DARRELL MARMION AND LESLIE HAAN, STEPHEN BERNHEIM AND SUSAN BAUER / APPLICANT: MJ AND MP INVESTMENT LLC / FILE NO. ADB- 03-56 AND AP -03 -142) acing 3. ANNUAL REPORT — HEARING EXAMINER RONALD MCCONNELL aminer nual port Hearing Examiner Ron McConnell displayed a Planning Development Decision - Making Chart that illustrated legislative, quasi judicial and administrative decisions. He described the issues in each Edmonds City Council Approved Minutes November 3, 2003 Page 2 category, the decision - making body's ability to speak with participants, the amount of discretion involved in decisions, and the amount of citizen participation. He explained the issues he hears as Hearing Examiner are quasi judicial where he cannot speak to participants outside the record and there is very little flexibility in decision making as he must adhere to the rules and regulations the City Council has adopted. Observing that Mr. McConnell's role, expertise, and recent changes may have placed more of a burden on him, Councilmember Wilson asked that he provide periodic updates regarding problems, discrepancies, and conflicts in the code to allow the City to proactively address issues as they arise. Mr. McConnell suggested a quarterly meeting be held with Development Services Director Duane Bowman to review cases, conflicts, issues of interpretation, etc. Councilmember Wilson asked whether such a review would represent a conflict on cases he was reviewing. Mr. McConnell answered only cases that were beyond the appeal period would be reviewed. For Councilmember Orvis, Mr. McConnell explained variances must meet all the criterion to be approved. He noted this was very different from a PRD where the Code provided some flexibility. Prosecutor 4. ANNUAL REPORT — PROSECUTOR JEFFREY GOODWIN Annual Report Prosecutor Jeffrey Goodwin explained 2004 was the second year in a four -year contract. He requested the Council approve the continuation of that contract, noting he was not seeking any increased compensation. Councilmember Plunkett inquired whether there had been any changes in the type of cases. Mr. Goodwin answered he continued to see a large number of license suspension cases due to the way the license suspension statutes were structured. He noted these were difficult because they were primarily financially based. He noted there had not been a dramatic increase in the number of DUI or domestic violence cases. He stated license suspension cases represented approximately 40% of any arraignment calendar. License suspension cases could be related to DUI but also non - payment of traffic fines, child support enforcement problems, insurance related problems, and other administrative issues. Councilmember Dawson commented many courts and prosecutors were discussing options for driver's license suspension cases. Mr. Goodwin stated several ways were being considered to manage such cases. One possible way that was considered by another court was continuing the case to allow the defendant to become licensed. However, the result was an extremely low rate of return for people to become licensed because the reason for the original license suspension was primarily financially based. He noted they also found there were a large number of people who failed to appear, therefore more bench warrants were issued, an additional cost to the City. He noted jail time was not typically sought for license suspension cases. Unfortunately, the only other penalty available was monetary which tended to compound the financial problem. He noted the conviction rate was high, approximately 98% of people plead guilty, and the other 2% were dismissed for administrative reasons. Councilmember Dawson commented many offenders were not able to pay the fine that was imposed. Mr. Goodwin agreed, noting there was little incentive to pay the fine if the person's license was already suspended. He noted it was often a downward spiral as a person amassed more fines. Public 5. ANNUAL REPORT — PUBLIC DEFENDER JAMES FELDMAN Defender Annual Report Public Defender James Feldman explained he was not seeking an increase; he was paid by the case. The court appoints him to cases; the number of cases had increased significantly in the past 2 -3 years. He Edmonds City Council Approved Minutes November 3, 2003 Page 3 ,` a explained he was previously able to handle the volume of cases with one attorney, now two were assigned. He commented approximately 40% of the cases were driving while license suspended. He noted it was difficult to provide any realistic options to offenders because they were often in the spiral due to financial reasons and the only penalty was more fines. He noted most people would continue to drive, thus a more appropriate penalty needed to be determined. Councilmember Plunkett thanked Mr. Feldman for his written report. City 7. ANNUAL REPORT — CITY ATTORNEY SCOTT SNYDER Attorney Annual Report City Attorney Scott Snyder referred to the report he submitted as part of the budget process. He commented each year he tried to identify a trend in costs that were controllable and make suggestions regarding how to handle them. One noticeable area over the past year was the amount the city spent in attorney fees to review public record requests. He suggested Attorney Zach Lell and he conduct training for department representatives to review the requirements of the Open Public Records Act to ensure the city had the resources to conduct a first review. He noted the Open Public Record Act this year applied to privacy issues as a result of the passage of the HIPPA regulations which limits dissemination of healthcare information. He noted this required a careful review of police, fire and other administrative records to ensure they did not contain any healthcare information. His goal was to have the City Attorney's office review fewer record requests and empower City staff with the ability to conduct more reviews. Mr. Snyder noted Washington Law & Politics named Mr. Lell a Rising Star in land use and governmental areas. He recalled Mr. Lell, who has also done other work for the City, conducted the primary briefing for the City on the gambling case. 8. AUDIENCE COMMENTS riends of Peggy Pritchard Olson, 18005 Talbot Road, Edmonds, President, Friends of the Edmonds Library, he Library thanked the community for their support of the recent book sale which raised approximately $9,500. She explained the funds were used to support the Edmonds library, particularly children's programs. udget Ron Wambolt, 504 6th Avenue S, Edmonds, commented the financial crisis facing governmental bodies throughout the country was the result of too much available revenue going to employees, leaving too little for operating costs and capital expenditures. Government workers used to get great benefits and substandard pay; now they generally received exceptional benefits and great pay. The City's budget revealed that was the situation in Edmonds. He referred to his employment background in the electronics industry and stated even in this industry, when times were tough, actions like the following were commonplace: employees are asked to take days off with pay but still work, salaries were frozen for 6 months — 2 years, pay was reduced 5 -10% for similar periods, employee numbers were reduced requiring remaining employees to do more than one job, employees were not paid for doing more than one job, vacation time was for vacations and not for selling back to the employer, and employees shared health premiums. He concluded employees of municipalities had not had to endure many if any of these conditions in the past. He urged the Mayor and Council to align the City's workers with conditions experienced by the people who pay their salaries. He noted even if Proposition #1 passed, the City must stop postponing the inevitable. k for Natalie Shippen, 1022 Euclid, Edmonds, asked whether the City Attorney had provided the Council e- an advice re ardin her re uest for reimbursement of le al fees. Council President Earlin advised the }' g g q g g es Council received a memo from the City Attorney in tonight's packet. Ms. Shippen asked for a copy of Edmonds City Council Approved Minutes November 3, 2003 Page 4 the memo. She explained the Council had a decision to make with regard to public policy, whether the Council condoned the Mayor's efforts to withhold public information contrary to public disclosure laws and the action of the City Attorney in not advising him otherwise. With regard to why cost estimates would be of any significance, she explained in November 2004, funding for the Edmonds Crossing project would be included in a Snohomish County transportation ballot issue. She noted the funding would be obtained via an increase in the Motor Vehicle Excise Tax. She noted the Edmonds Crossing project was the most expensive, $126 million; the next highest project cost was $56 million for Sound Transit bus replacement. She noted the total cost of the Edmonds Crossing project was $163 million. Ms. Shippen commented $48 million of the $126 million would be used to "make a very bad location for a ferry terminal workable," requiring wave barriers and a people mover. She concluded the public should understand the cost estimates for the project and substantial drawbacks. City Attorney Scott Snyder commented his views were very different than Ms. Shippen expressed last week. He recalled she requested the creation of information and the Mayor responded in a way that was consistent with the response to any citizen who asked staff to do something in a public records request, the existing records are provided. He noted when a properly worded request was made, a portion of the information requested was provided, another portion was withheld. He noted if a public records request was made, the information would have been provided; this differed from Ms. Shippen's request for the City to prepare information by providing a spreadsheet format with blanks to be completed. Ms. Shippen disagreed, recalling she requested cost estimates and in the Mayor's response, he used the term cost estimates. When she received the documents, they were cost estimates; there was no confusion about the information she wanted. She noted if there was some contradiction with the public disclosure law then, it should have been stated at that time. Mr. Snyder explained what she requested was that staff do estimates. When she asked for existing documents, the documents that could be released were released. Ms. Shippen disagreed, pointing out there was no mention of the public disclosure law until she obtained an attorney who raised the issue of public disclosure law. Mr. Snyder disagreed, commenting when Ms. Shippen provided a document with blanks for information to be filled in, that was creation of a document. Ms. Shippen concluded the issue was now a City Council matter with regard to public policy. Municipal 6. ANNUAL REPORT — MUNICIPAL COURT JUDGE JAMES WHITE Court Judge Annual Report Judg e James White highlighted accomplishments over the past year, advising that the passport agency Y project begun this year exceeded revenue projections; through September, in excess of $33,000 had been generated and an additional $2,800 in October with minimal staff costs. Judge White advised jury pools had been reduced substantially, reducing inconvenience to citizens. He advised interpreter costs, always a significant cost to the court, had also been reduced by consolidating cases requiring an interpreter into a single calendar. He noted the court also contracted directly with a Spanish- speaking interpreter rather than an agency at an improved rate which resulted in a substantial savings. The court has also established community service programs where minor, non - violent offenders such as non - payment of a traffic ticket and subsequent license suspension were able to do community service with the Parks & Recreation Department rather than serve jail time. He noted that approximately 733 hours of community service had been provided over the past year. Judge White highlighted the home detention program the court initiated which allowed a person unable to perform community service functions to be confined to their home via an ankle bracelet. He noted the participants paid the court $15 per day for home detention rather than the city paying $81.97 per day for Edmonds City Council Approved Minutes November 3, 2003 Page 5 jail. He explained the biggest savings this year was the use of the Chelan County jail; any offender serving 15 days or more was sent to Chelan County. Chelan County did not charge for booking; Snohomish County charged $50. Chelan County jail charged $50 per day; Snohomish County jail charged $82, a $32 savings each day. This has resulted in approximately a $20,000 savings in this calendar year. Judge White advised the court hired a new court clerk with a tremendous amount of experience. Plans for next year include establishing an interactive webpage. He noted revenues were down but filings were also down. He commented the court may need to do more active collecting. Highway 99 9. REQUEST FOR COUNCIL CONTINGENCY FUNDS FOR THE HIGHWAY 99 TASK FORCE Task Force PROJECT Project Development Services Director Duane Bowman advised the request was to use $12,990 in Council Contingency funds for a proposed Hwy. 99 Task Force project to begin gathering input regarding Hwy. 99, such as the types of land uses people wanted, problems current businesses and property owners were experiencing, as well as feedback from area residents. He explained the proposed plan included two focus groups comprised of residents, business owners, and property owners. Following the focus groups, two work sessions would be held with the business and property owners in the corridor area. A report with graphics would then be generated and forwarded to the Planning Board to be docketed for potential 2004 Comprehensive Plan and regulation changes for improvements to the Hwy. 99 corridor area. He advised Makers Planning and Architecture Group, who had extensive experience in community involvement, was selected to assist. Councilmember Marin explained the objective of the Hwy. 99 Task Force was to look for ways to optimize business sales tax revenue in a way that would be an enhancement to the community. He noted Task Force meetings have included presentations from Economic Development Directors in Lynnwood, Shoreline and Mill Creek. Mill Creek was undertaking a major project to develop a downtown in a city without a downtown and their Planning Director, Bill Trimm, expressed interest in assisting Edmonds. He noted the Task Force also learned from Shoreline's experience with the public involvement process. Councilmember Marin explained the Task Force reviewed existing businesses on the Hwy. 99 corridor including photographs and data regarding revenue generation. The existing zoning on Hwy. 99 has resulted in some lost opportunities — businesses that utilize a great deal of land but generate little sales tax revenue. The goal of the Task Force was to guide development to maximize sales tax revenue. He explained the Task Force would like to develop information to be submitted to the Planning Board for possible Comprehensive Plan amendments as part of the major Comprehensive Plan update in 2004. Councilmember Marin stated business and property owners along Hwy. 99 had been advised of the plans to conduct focus groups and Mr. Trimm would facilitate the focus groups to identify community values, elements to be protected/preserved, development to be encouraged/discouraged, etc. The focus groups would be followed by meetings with the property and business owners where the parameters learned from the community would be provided. Property and business owners would be invited to describe their vision for their property and artists would capture those visions in drawings. The business and property owners' vision would then be shared with an economist who would determine whether the ideas were feasible. Councilmember Marin suggested the $930 proposed for the focus groups be eliminated as the Task Force could conduct the focus groups without the assistance of a consultant. He explained there was $126,000 Edmonds City Council Approved Minutes November 3, 2003 Page 6 in the Council Contingency fund. The reason the funds were requested from the Council Contingency Fund was to allow the tasks to be accomplished before year end. Councilmember Dawson noted the narrative described the use of focus groups; however, Councilmember Marin's recommendation was to delete that portion. She questioned why the funding needed to be approved tonight rather than included in the 2004 budget, particularly in view of the proposal in the budget to establish an Office of Economic Development. She questioned whether the Office of Economic Development could assist with the outreach and how it would impact their efforts. Mr. Bowman advised the goal of the Hwy. 99 Task Force was to provide a report to the Planning Board by February 2004 to allow them to begin working on actions for the Hwy. 99 corridor. In order to meet that deadline, the focus groups will need to be held in mid - November and the work sessions in December /January. Councilmember Dawson inquired about Councilmember Marin's recommendation to eliminate funding for the focus groups. Mr. Bowman clarified the focus groups would still be conducted but without the assistance of the consultant. Councilmember Dawson expressed concern that the packet did not contain enough detail regarding the proposed project. She recommended the Council be provided more information regarding why this was necessary before being asked for the funding. Mr. Bowman noted plans were to begin the focus groups next week. He explained the information gathered would be compiled into a written report that illustrated the uses people envisioned. Councilmember Dawson inquired about the questions that would be asked during the focus groups. Mr. Bowman answered the details were still being worked out. He explained the intent of the focus groups was to gather information so that when the work sessions were held, the business and property owners were aware of the community's values and land uses envisioned for the corridor. Councilmember Dawson asked who would develop the questions for the focus groups. Mr. Bowman responded the Task Force would develop the questions; Councilmember Marin was the Chair of that Committee. Councilmember Dawson pointed out the importance of someone with specific training and expertise developing the appropriate questions to be asked of a focus group in order to obtain usable information. The information obtained from the focus group may not be of much value without expertise at the beginning of the process. Mr. Bowman noted Makers was very experienced with focus groups. Councilmember Dawson commented it may be preferable to eliminate the proposed modeling in favor of funding assistance with the focus groups. Mr. Bowman explained the intent of modeling was to provide a visual of what the uses that were envisioned in the corridor could look like. He explained the driver was determining what type of land uses were appropriate to facilitate the generation of tax revenue and reduce the City's dependence on property taxes. Ms. Dawson noted the majority of the costs in the proposal were for modeling but without good information at the beginning of the process, the modeling may be of little value. She concluded it was premature for the Council to fund this proposal due to the limited information provided. Councilmember Petso asked how the February deadline before the Planning Board was determined. Mr. Bowman answered that was the deadline the Task Force established for completing their work to move it into the next phase with the Planning Board. Councilmember Petso concluded it was not a regulatory deadline. Mr. Bowman explained the intent was to move forward in developing information to be forwarded onto the Planning Board to facilitate the next phase. Edmonds City Council Approved Minutes November 3, 2003 Page 7 Councilmember Petso observed the intent was not to identify businesses to attract or job creation, but rather consider regulatory aspects first. She questioned whether this was backward; why not identify specific businesses and determine whether there were development regulations that prevented that business from locating in the Hwy. 99 corridor. She questioned why funds were proposed to be spent on 3D modeling rather than business recruitment. Mr. Bowman answered that topic would come up in the work sessions; people would identify land uses they would like to see. Co> ncilmember Petso asked whether the focus groups would consist of area residents only. Mr. Bowman answered there would be a mixture of business owners, property owners and residents. Councilmember Petso asked whether any resident could participate, noting all residents had a stake in development on Hwy. 99. Mr. Bowman answered yes, although the intent was to have 12 -18 people per focus group who were a broad representation of different groups. Councilmember Petso asked when the process would be opened to general public involvement. Mr. Bowman answered that was still being determined. Councilmember Petso questioned producing this work product without first hearing from the public. Mr. Bowman answered the purpose of the focus groups was to seek public input. He emphasized there would be a public process for any Comprehensive Plan amendments, etc. Mayor Haakenson noted the Hwy. 99 Task Force came out of a request he made at the Council retreat in February to consider potential economic development on Hwy. 99. He recalled his request was for a Task Force to take a long term view of how Hwy. 99 would look in 20 years, not in the short term. He noted the intent was to determine what residents and businesses expected Hwy. 99 to look like in 20 years and create the zoning that would result in that climate. He noted an Economic Development Director could then do recruitment. Councilmember Plunkett asked whether Mr. Bowman knew how Hwy. 99 should be zoned for the type of businesses people want and why this process was necessary if staff knew what code and zoning changes were necessary. Mr. Bowman emphasized the importance of community input. Councilmember Plunkett questioned why the use of focus groups was proposed rather than a large meeting. He questioned whether 12 -15 people could provide a broad representation and whether holding 2 -3 public meetings to solicit public input would be more appropriate. Mr. Bowman answered a focus group would have intense discussion about their vision for development on Hwy. 99, identifying common values among residents and businesses and giving direction to business and property owners regarding development. He noted once that information was compiled, it would be presented to the Planning Board where further public input could be invited. Councilmember Plunkett asked whether an Economic Development Director could lead such a process. Mr. Bowman agreed an Economic Development Director would be helpful for this type of work. If the Economic Development Director were approved in the 2004 budget, Councilmember Wilson asked when the position would be filled. Mayor Haakenson answered the position would not be filled until after the first quarter of the year. Interviews could be held in March but the position would not be filled until at least April as the Human Resources Director was not retiring until the first quarter. Councilmember Wilson asked whether the effort to get the information to the Planning Board by February was to allow it to be considered in the 2004 Comprehensive Plan amendments. Mr. Bowman answered yes. Councilmember Wilson asked the latest date information could be presented to the Planning Board for the 2004 Comprehensive Plan amendments. Mr. Bowman answered no later than Edmonds City Council Approved Minutes November 3, 2003 Page 8 mid -year, noting there were a number of other amendments to be considered due to the major Comprehensive Plan update. Councilmember Wilson noted although he had been unable to attend recent Task Force meetings due to out of town business, the early efforts of the Task Force were to identify what type of business activities on Hwy. 99 would generate the greatest economic benefit. He recalled discussion that the zoning and Comprehensive Plan designations on Hwy. 99 were not conducive to encourage new development. Mr. Bowman agreed, noting there were issues such as small parcel size, irregular shaped parcels, etc. He noted many of the issues required zoning and Comprehensive Plan changes. Councilmember Wilson recalled early discussions by the Task Force were to include people in focus groups who were the most immediately impacted by any change and then the Planning Board would consider the issue in more detail. Mr. Bowman agreed. Councilmember Wilson noted Makers could be very useful in considering compatibility issues. Mr. Bowman explained the focus group and work sessions could include providing examples to the participants of the type of development that has occurred in other corridor areas. Councilmember Wilson asked whether the intent was to use Makers only at the beginning of the process or continually through the process at the Planning Board stage. Mr. Bowman answered only at the beginning of the process to assist with the preliminary efforts to get information to the Planning Board. He envisioned the Planning Board and staff would do the remainder. He noted the 2004 budget included a proposal for an economist to review whether the proposed development was feasible. Councilmember Wilson asked if the proposal were not funded from the Council Contingency Fund but included in the 2004 budget, could the target be met to present the information to the Planning Board for adoption with the 2004 Comprehensive Plan amendments. Mr. Bowman answered it would be very tight and further review of the Planning Board's 2004 schedule would be required to make that determination. Council President Earling pointed out without a plan in place, businesses could not be recruited and businesses could not be recruited until a plan was developed. He recommended retaining the $900 for assistance with the focus groups, noting professional expertise was an important part of that process. He was inclined to approve the proposal, noting the information developed would be very valuable whether or not an Economic Development Director was approved in the 2004 budget. He preferred to move forward rather than delaying the project until 2004. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MARIN, TO AUTHORIZE THE EXPENDITURE OF $12,990 FROM THE COUNCIL CONTINGENCY FUND FOR THE HIGHWAY 99 TASK FORCE. Councilmember Plunkett asked how the proposal would assist in identifying constraints, asking whether there were constraints other than the zoning, the code and the land. Mr. Bowman answered those were the primary issues as well as traffic patterns, lot size, land value, proximity to the freeway and there may be other issues that the property owners would bring to the City's attention. Councilmember Plunkett asked whether sending a questionnaire business and property owners inquiring about constraints to development would be preferable to focus groups. Mr. Bowman answered the intent was to generate synergy in the project that would carry over into the Planning Board phase. Councilmember Plunkett questioned why it was necessary to expend $13,000 to ask those questions. Mr. Bowman answered it was important to hear from the residents and business and property owners. This was an organized manner to solicit that information. Mr. Bowman explained the recommendation was to Edmonds City Council Approved Minutes November 3, 2003 Page 9 . hire a qualified firm to assist in soliciting information from property owners to be used by the Planning Board in making decisions regarding Hwy. 99. Councilmember Orvis advised he would not support the motion, explaining that during the budget process, there were requests for funding from many sources and he preferred to consider them together rather than individually. He preferred this project be a line item in the budget, acknowledging it was a good proposal. Councilmember Wilson asked the number of meetings staff would need to hold. Mr. Bowman estimated 3 -4. Councilmember Wilson asked whether the present staffing levels and time constraints would allow staff to distill the information, prepare the reports, etc. for the Planning Board in a reasonable timeframe. Mr. Bowman answered it would be extended over a lengthy period of time, at least a year as staff had other responsibilities as well as the upcoming major Comprehensive Plan amendment that would require a significant amount of time. Councilmember Wilson expressed concern with doing another design plan without doing anything further. If the Council wanted to facilitate economic growth in the City, the Council must move forward with doing something. He noted delaying action was only postponing efforts to achieve economic growth. He noted even using Makers and staff, there were difficult decisions to be made and good information was essential to making those decisions. If the intent was to facilitate development on Hwy. 99 to provide an economic engine rather than relying on property taxes, he was willing to support the proposed funding request to allow the process to move forward. Councilmember Plunkett noted if this proposal was not approved, he urged the Task Force to return with further information to assist the Council in understanding the goals and objectives of the project and how the elements of the proposal would help meet those goals and objectives. He commented Councilmembers had the same goals and objectives for Hwy. 99. Councilmember Dawson agreed with Councilmember Plunkett, noting Councilmembers agreed with the objective for economic development. Her question was whether this would lead to that and if, so, how? She noted sufficient information to answer those questions had not been provided tonight. She suggested consideration also be given during the budget process to whether the use of outside expertise or in -house staff was most appropriate. Another issue was whether the best use of economic development funds was on a director or a defined project by an outside expert. Councilmember Marin explained if the focus groups were not held prior to Thanksgiving, followed by the work sessions in early December, the opportunity would be lost this year. He explained the process to solicit public input in focus groups followed by work sessions with business and property owners was a concept that had been used successfully by other communities. He noted the difference between this and past efforts was that these discussions would be with residents and business and property owners, people who were there now and would stay there which differed from talking with stakeholders who purchased property, developed it and moved on. He emphasized the importance of developing information for the Planning Board's consideration. He urged the Council to approve the funding request rather than delay it and lose the opportunity. Council President Earling disagreed Councilmembers had the same objectives for economic development, and the same goals and objectives for Hwy. 99, indicating this was the reason a professional study was needed. He was frustrated by government planning forever and seldom doing anything. Edmonds City Council Approved Minutes November 3, 2003 Page 10 Councilmember Petso observed the Council discussion had referred to planning for the long term and for the short term, and had cited a deadline that was not actually a deadline. She questioned whether the process was backward, whether adopting a plan first and then recruiting the businesses was appropriate. She preferred to identify businesses and then determine zoning changes that were necessary to accommodate those businesses. The Task Force had apparently not considered job creation when considering development on Hwy. 99 which would allow residents to work and live in the City. Councilmember Plunkett commented that even if he did not support this proposal, he felt the Task Force was doing a great job. He noted the Council did have the same goals and objectives for Hwy. 99 — to increase business activity. He suggested the Task Force return to the Council with more information. UPON ROLL CALL, MOTION FAILED (3 -4), COUNCIL PRESIDENT EARLING, AND COUNCILMEMBERS MARIN, AND WILSON IN FAVOR, AND COUNCILMEMBERS PETSO, DAWSON, PLUNKETT AND ORVIS OPPOSED. Mayor Haakenson advised the Port went through the same process, holding focus groups followed by larger meetings, when developing their Master Plan. He recalled the Council created the Hwy. 99 Task Force and appointed Councilmembers Marin and Wilson to the committee. He noted staff would follow whatever vision the Council provided. If the Council wished to add this $13,000 funding request to the 2004 budget request, a Councilmember would need to recommend its addition at the budget workshop. 10. MAYOR'S COMMENTS Mayor Haakenson reminded the public that November 4 was Election Day. He wished Councilmember Dawson a Happy Birthday on November 5. 11. COUNCIL COMMENTS Council President Earling encouraged the public to vote. He recommended the Task Force not present their request to the Council until it was well thought out. Councilmember Wilson wished Councilmember Dawson a Happy Birthday. With no further business, the Council meeting was adjourned at 8:45 p.m. AX.44e��� ARY H ENSON, MAYOR SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes November 3, 2003 Page 11 I 0 Revised 10131103 at 10:30 a.m. AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5th Avenue North 7:00 - 10:00 p.m. NOVEMBER 3, 2003 Special Monday Meeting 7:00 p.m. - Call to Order Flag Salute 1. Approval of Agenda 2. Consent Agenda Items (A) Roll Call (B) Approval of City Council Meeting Minutes of October 28, 2003. (C) Approval of claim checks #66363 through #66511 for the week of October 27, 2003, in the amount of $557,910.76. (D) Acknowledge receipt of Claim for Damages from Thomas McMillin ($395.00). (E) Approval of Findings of Fact for a Closed Record Review held October 7, 2003 regarding an appeal of the Architectural Design Board's decision to approve an application for a new mixed use building. The property is located at 215 (currently addressed as 207 and 211) 5th Avenue North and is zoned BC (Community Business). (Appellants: Darrell Marmion and Leslie Haan, Stephen Bernheim and Susan Bauer / Applicant: MJ and MP Investment LLC / File No. ADB -03 -56 and AP -03 -142) (F) Approval of Findings of Fact for a Public Hearing held October 21, 2003 regarding a request to vacate a 12 -foot wide by 75 -foot long portion of the alley immediately to the north of 920 - 8th Avenue South. (Applicant: Thomas and Susan Nicholson / File No. ST -03 -120) (G) Authorization to advertise for Statements of Qualification from consultants for the design of the 100th Avenue West right -of -way stabilization project. (H) Authorization for the Mayor to sign a Professional Services Agreement with CH2M Hill for Olympic View Drive Water Main and Sewer Laterals Installation Design. Page 1 of 2 CITY COUNCIL MEETING AGENDA NOVEMBER 3, 2003 Page 2 of 2 (1) Authorization for the Mayor to sign the First Addendum to the Interlocal Cooperation Agreement for Vehicle Maintenance Services Between the City of Edmonds and the Town of Woodway. (J) Proposed Ordinance rezoning certain real property described in File No. R -03- 75, located west of 75t' Place .West in Edmonds, Washington from Single - Family Residential (RS -20) to Single - Family Residential (RS -12). (K) Proposed Ordinance adopted pursuant to RCW 35A.63.220; adopting an interim zoning regulation imposing a moratorium on the processing of permit and license applications for the establishment of opiate substitution treatment service provider facilities within the city; establishing a public hearing date within sixty days of the adoption of this ordinance; and fixing a time when the same shall become effective. (L) Proposed Ordinance adopted pursuant to RCW 35A.63.220; amending Title 20 of the Edmonds Community Development Code by adding a new Chapter 20.16 Essential Public Facilities thereto; adopting regulations governing the siting, permitting and mitigation of Essential Public Facilities; setting a public hearing, and fixing a time when the same shall become effective. 3. (10 Min.) Annual Report - Hearing Examiner Ronald McConnell 4. (10 Min.) . Annual Report -Prosecutor Jeffrey Goodwin 5. (10 Min.) Annual Report -public Defender James Feldman 6. (10 Min.) Annual Report- Municipal Court Judge James White 7. (10 Min.) Annual Report -City Attorney Scott Snyder 8. Audience Comments (3 Minute Limit Per Person)* 'Regarding matters not listed as Closed Record Review or as Public Hearings. 9. (10 Min.) Request for Council Contingency Funds for the Highway 99 Task Force Project. 10. ( 5 Min.) Mayor's Comments 11. (15 Min.) Council Comments ADJOURN Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at (425) 771 -0245 with 24 hours advance notice for special accommodations. The Council Agenda as well as a delayed telecast of the meeting appears on cable television Government Access Channel 21.