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11/18/1997 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES NOVEMBER 18, 1997 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Barbara Fahey in the Library Plaza Room, 650 Main Street, followed by the flag salute. ELECTED OFFICIALS PRESENT Barbara Fahey, Mayor Dave Earling, Council President John Nordquist, Councilmember Roger L. Myers, Councilmember Jim White, Councilmember (arrived 7:15 p.m.) Dick Van Hollebeke, Councilmember Gary Haakenson, Councilmember Thomas A. Miller, Councilmember ALSO PRESENT Andy Streit, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Michael Springer, Fire Chief Kevin M. Taylor, Assistant Fire Chief Al Compaan, Assistant Police Chief Paul Mar, Community Services Director Arvilla Ohlde, Parks and Recreation Manager Art Housler, Administrative Services Director Noel Miller, Public Works Superintendent James Walker, City Engineer Scott Snyder, City Attorney Sandy Chase, City Clerk Jeannie Dines, Recorder COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, THAT ITEM #5 (REPORT ON COUNCIL COMM11 TEE MEETINGS) BE MOVED FURTHER DOWN THE AGENDA TO BECOME ITEM #10A. MOTION CARRIED. (Councilmember White was not present for the vote.) COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER MILLER, FOR APPROVAL OF THE AGENDA AS AMENDED. MOTION CARRIED. (Councilmember White was not present for the vote.) 2. CONSENT AGENDA ITEMS COUNCILMEMBER NORDQUIST MOVED, SECONDED BY . COUNCILMEMBER VAN HOLLEBEKE, TO CHANGE THE TITLE OF CONSENT AGENDA ITEM J TO READ AS FOLLOWS: AUTHORIZATION TO ADVERTISE FOR BID PURCHASE FOR VEHICLE COLUMN LIFTS FOR FLEET MAINTENANCE. MOTION CARRIED. (Councilmember White was not present for the vote.) Councilmember Miller pulled Item E from the Consent Agenda. COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, FOR APPROVAL OF THE CONSENT AGENDA AS AMENDED AND WITH THE EXCEPTION OF ITEM E. MOTION CARRIED. (Councilmember White was not present for the vote.) The agenda items approved are as follows: Edmonds City Council Approved Minutes November 18, 1997 Page i (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF NOVEMBER 3,1997 (C) APPROVAL OF CITY COUNCIL MEETING MINUTES OF NOVEMBER 10, 1997 (D) APPROVAL OF CLAIM WARRANTS #18993 THRU #21127 FOR THE WEEK OF NOVEMBER 3, 1997, IN THE AMOUNT OF $161,528.22. APPROVAL OF CLAIM WARRANTS #18995 THRU #21208 FOR THE WEEK OF NOVEMBER 10, 1997, IN THE Warrants AMOUNT OF $227,824.25. APPROVAL OF PAYROLL WARRANTS #18440 THRU #18604 FOR THE PERIOD OF OCTOBER 16 THRU OCTOBER 31, 1997, IN THE AMOUNT OF $346,338.58. (F) AUTHORIZATION FOR MAYOR TO PROVIDE AN EASEMENT TO GTE WITHIN THE PUBLIC SAFETY COMPLEX (G) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT FOR DESIGN OF BRACKETT'S LANDING NORTH SEA WALL REPAIR WITH REED MIDDLETON, INC. ($23,738) (H) AUTHORIZATION FOR MAYOR TO SIGN AN INTERLOCAL AGREEMENT FOR EDMONDS FERRY TERMINAL BICYCLE LOCKERS WITH WASHINGTON STATE FERRIES (I) AUTHORIZATION FOR MAYOR TO SIGN EMERGENCY GENERATOR LEASE AGREEMENT WITH WASHINGTON STATE FERRIES (J) AUTHORIZATION TO ADVERTISE FOR BID FOR VEHICLE COLUMN LIFTS FOR FLEET MAINTENANCE (K) REPORT ON FINAL CONSTRUCTION COSTS FOR THE 92ND AVENUE WEST / 220TH STREET SOUTHWEST STORM DRAINAGE IMPROVEMENTS PROJECT AND COUNCIL ACCEPTANCE OF PROJECT (L) REPORT ON FINAL CONSTRUCTION COSTS FOR THE SENIOR CENTER FLOOR REPAIR PROJECT AND COUNCIL ACCEPTANCE OF PROJECT (M) REPORT ON QUOTES AND AUTHORIZATION TO PURCHASE ANTI -ICING SOLUTION STORAGE TANK FROM SPRAY CENTER ELECTRONICS, INC. (*$4,649.87) (N) ORDINANCE NO. 3164 VACATING A PORTION OF THE RIGHT-OF-WAY OF EDMONDS STREET BETWEEN 5TH AVENUE NORTH AND 6TH AVENUE NORTH Item E• Authorization for Mayor to Sign Snohomish County Community Development Block Grant Subrecipient Contract for Senior Center Improvements, H and CD 1996, No 10 ($75 000 Councilmember Miller asked whether the City had an action plan to address the City Attorney's concern with federal funding and the good faith effort to obtain 7.7% minority owned business contractors sharing the improvements. City Engineer Jim Walker answered when the project goes out for bid, HUD encourages contractors who meet these qualifications to bid on the project. Councilmember Miller Edmonds City Council Approved Minutes November 18, 1997 Page 2 referred to the third issue addressed in the City Attorney's memo regarding whether the Senior Center had been designated as a special flood hazard area and whether the appropriate insurance was available. Mr. Walker said this would be more applicable if the improvements were in danger of being damaged by flooding which these are not. Public Works staff is looking into whether flood insurance can be obtained from FEMA for this location. COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR APPROVAL OF ITEM E. MOTION CARRIED. (Councilmember White was not present for the vote.) The item approved is as follows: (E) AUTHORIZATION FOR MAYOR TO SIGN SNOHOMISH COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT CONTRACT FOR SENIOR CENTER IMPROVEMENTS, H AND CD 1996, NO. 10 ($75,000) 3. AUDIENCE John P. Samples, Woodway Meadows, Edmonds, recalled concern had been expressed last month Highlands regarding the use of 237th in the development of the Woodway Heights project. He explained the Project Woodway community is again considering access on 237th. He said residents have been working with Don Fiene, Edmonds' Hydraulics Engineer, on the development of this space as a drainage and holding area for excess water which would assist in alleviating an ongoing problem. He pointed out the existing gated emergency access on what would be 239th appears to be ignored. He explained the Woodway Meadows community uses the area as a public area and have maintained it in a park -like condition. The use of the area for drainage is in accordance with their wishes. He further expressed appreciation for Mayor Fahey's letter and Councilmember Myers' visit. Mayor Fahey advised the Council had received Ms. Petso's letter regarding the most recent conversations that have taken place. Mayor Fahey said the City is in the process of a full evaluation of the emergency_ road including the Fire Department's evaluation of the least improvements necessary for emergency response. She said the City would issue a written response as soon as additional information is available. Mr. Samples pointed out the City is in the process of developing the area as a drainage "sink", which Woodway does not seem to realize. Mayor Fahey welcomed the Boy Scouts in the audience who were working on their Citizenship Badge along with their Troop Leaders. Alan Williamson, 23702 107.th Place W. Edmonds ModwU Meadows, echoed Mr. Samples comments. He continues to be concerned with the neighbors at the end of the other cul-de-sac who experience 2-3 foot deep flooding several times a year. He indicated he had presented a photo exhibit at a Woodway Town meeting. He reiterated they opposed the opening of the access on 237th. Ray Albano. 20916 76th Avenue W. Edmonds, congratulated the Fire Department for providing assistance when he needed it recently. He chastised Edmonds citizens for not attending the Council's budget workshop on Saturday, November 15> noting he was the only citizen present. He was impressed with the Council's hard work on the budget and said it is not a rubber stamped budget. He suggested allowing public comment at the Council's work sessions would be more advantageous. Edmonds City Council Approved Minutes November 18, 1997 Page 3 Al Rutledge, 7101 Lake Ballinger Way, Edmonds, reported there were beavers in Lake Ballinger. He said Edmonds' Animal Control officer checked the situation and will be requesting funding to trap the beavers. Lora Petso, 10616 237th Place SW, Edmonds (Woodway Meadows), requested the Council not "sell out" to Woodway, noting Woodway will begin offering things to Edmonds in exchange for the access on Project 237th. She stressed putting in the road was wrong regardless of what Woodway offered for it. She explained they are concerned with the concept of 237th as an emergency access because they feel it is being done on a pretense with Woodway's future intention of constructing a roadway. During her conversation with Fire Chief Springer last year, he indicated he had no preference for 237th over 239th as an emergency access. The Developer, Mike Eckelbarger, also had no preference for 237th as the emergency access over the existing emergency access. Woodway's Town Engineer did not want to use 237th as an emergency access. She reported a motion was made by Woodway's Planning Commission to move the emergency access from 237th to 239th. The motion was withdrawn at the request of one Commissioner who said, "we're putting a road through 237th anyway so it won't matter where the emergency access is." Lars Olsson, c/o 561 Pine Street, Edmonds, suggested the City research the electric field strength for residents in close vicinity to cellular towers. He referred to the City's concern with redundancy in the Chambers Cable system, noting there was no redundancy with spare capacity co -located inside the same fiber buried in the same trench. If the City wanted redundancy, separate channels were necessary. He questioned the ownership of City vehicles, noting some state, CITY OF EDMONDS (all capital letters), some City of Edmonds, and the police vehicles state Edmonds Police. He asked if Edmonds Police was a entity separate from the City of Edmonds. He asked if the CITY OF EDMONDS (all capital letters) was a separate entity operating under the City of Edmonds (only C and E capitalized). He suggested the City review Article 1, Section 24 of the Washington State Constitution that does not authorize any corporation to employ and maintain an armed body of men. He requested the City provide a response to his questions. 4. INTRODUCTION OF NEW ASSISTANT FIRE CHIEF, KEVIN M. 'TAYLOR Mayor Fahey invited Assistant Fire Chief Taylor, Fire Chief Springer, and Fire Department personnel to join her at the podium. Assistant Chief Taylor introduced his family. Fire Chief Springer said the Fire Department is pleased to announce the appointment of the new Assistant Fire Chief, Kevin M. Taylor who was selected from 25 qualified candidates. He commented Assistant Chief Taylor has performed admirably on recent calls. Mayor Fahey expressed delight with the appointment of Assistance Fire Chief Taylor, noting he grew up in Edmonds and was part of the volunteer fire department at one time. Mayor Fahey administered the oath of office to Assistant Fire Chief Taylor and officially welcomed him to the City of Edmonds. Assistant Fire Chief Taylor said he was happy to return to Edmonds after a 20 year fire service career in King and Snohomish County Fire Departments. He was honored by the presence of his fire service brothers, noting it illustrated the brotherhood the Fire Department shares. Mayor Fahey and the Council welcomed Assistant Fire Chief Taylor and his family. 6. HEARING ON THE 1998 BUDGET Mayor Fahey opened the public participation portion of the hearing. Edmonds City Council Approved Minutes November 18, 1997 Page 4 Ray Albano, 20916 76th Avenue W. Edmonds, said he attended the Council's budget workshop on Saturday, November 15. He referred to Administrative Services Director Art Housler's Zero Based Budgeting presentation, noting the 6% annual tax increase actually resulted in a 6.6% increase after six years. He expressed concern with the 5% increase in the Utility Tax and the 3% Electrical Utility Tax, which he felt were both nuisance taxes. He pointed out many residents on a fixed income only received a 2.9% increase. Overall, he was impressed with the way Council President Earling handled the budget workshop and the way the Council.worked, contrary to his belief that the budget was rubber stamped. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, said he has been asking for restoration of the Lake Ballinger maintenance fund since 1991. He pointed out there was no money in the budget for flooding in the City. He said the dive rescue team was another serious issue that needed to be addressed. He announced his plans to run for the City Council again in 1999. Lars Olsson. c/o 561 Pine Street, Edmonds, asked that the City make available the number of structures or corporations in the City that assume taxing authority. He referred to the Town of Edmonds founded by George Brackett in 1884 and the new City of Edmonds, declared as a Town of Edmonds by the County Commissioners in 1890 and the City of Edmonds formed in 1970/1971 and requested the City explain to the citizens how these entities assume taxing authority. He requested to be allowed to inspect the City's Book of Deeds to determine who had been issued deeds by the City. 7. PROPOSED ORDINANCE TO INCREASE THE CITY OF EDMONDS REGULAR PROPERTY TAX LEVY TO 106% OF THE 1997 LEVY City Attorney Scott Snyder explained this is the first hearing of this nature held by the City, instituted pursuant to Referendum 47 which passed at the last election. Although the Referendum is not effective until December 1, 1997, State Statute has in the past required cities to adopt their tax levy and increase by an October date. In the past, the conceptual date was difficult if not impossible for the Council to achieve because tax assessment figures were not available from Snohomish County. In the past taxes were levied based on the assessed valuation of property; under Referendum 47, the increases are limited by State Statute to an increase equal to the rate of inflation based upon the City's last tax levy. Section 204 and 209 of Referendum 47 govern the City's action and require a public hearing if the intent is to increase taxes beyond the rate of inflation. It is within the City's discretion to raise taxes beyond the rate of inflation but before doing so, the City must make a finding that the City's special needs require an increase in the tax levy amount, in this case up to 106%. He noted Referendum 47 refers to Resolution or Ordinance; Edmonds levies taxes by ordinance and would therefore adopt ordinances pursuant to Referendum 47—one to set the taxing amount and another to determine the special needs to increase the levy. He noted Section 3 and 4 of the ordinance which reference previously taxes imposed taxes by a vote of the` people (EMS and Public Safety building) were included in the ordinance for public information as these amounts will be figured using the old method based on tax assessment. Therefore, an amendment will be necessary in these sections when the budget is passed. He said the 106% figure plus new construction was used in the ordinance based upon the direction from Mr. Housler at Saturday's budget workshop. Councilmember Haakenson asked if a majority vote of the Council was necessary to pass the ordinance. Mr. Snyder answered a majority plus one was required (at least five votes). Councilmember Miller asked if only one hearing was required. Mr. Snyder said yes; the recommendation from AWC, Department of Revenue, Snohomish County Auditor and his office would Edmonds City Council Approved Minutes November 18, 1997 Page 5 be to pass an ordinance at the earliest possible date to react to Referendum 47. He noted the Council had the ability to amend the tax levy when the final budget was passed. He clarified a special needs determination must be made now but the amount of the levy did not need to be finalized until the budget was passed. Council President Earling asked if the Council could approve the 106% increase and alter the amount downward via the budget deliberations. Mr. Snyder answered yes, it was important the Council make the determination that special needs exist in the City sufficient to exceed the rate of inflation. He said the legislative record would contain Mr. Housler's memo as well as the preliminary budget figures. Councilmember Miller asked if the Council could defer any action to a second hearing before adopting the proposed ordinances. Mr. Snyder recommended the ordinance be passed and amended if necessary. He noted most communities were acting now in response to Referendum 47 although it was not effective until December 1, 1997. Mr. Housler explained his presentation would identify the need for the increase in property tax revenues. The 106% increase is approximately $0.12 per $1,000 of assessed valuation or $19 per year, for a home with an assessed valuation of $160,000. Councilmember Myers asked if this item was advertised as a hearing. City Clerk Sandy Chase advised the budget was advertised as a hearing, the 106% increase was not specifically advertised as a hearing. Mr. Snyder noted Sections 204 and 209 of Referendum 47 require a hearing but did not have notice provisions. In view of the Council's custom of providing notice, he recommended the public hearing be published and continued until the next opportunity. Council President Earling advised a continued public hearing on the proposed ordinance to increase the City of Edmonds regular property tax levy to 106% would be added to the November 25 work meeting agenda. Mr. Housler displayed a chart showing how property taxes are calculated for the City of Edmonds. Based on the 1996 revenue figures (as the 1997 assessed valuation is not yet available), the revenue budgeted for 1997 total $5,321,300-106% increase over 1996 revenues ($4,861,140), plus new construction ($23,190), state utilities ($2,300), and annexations ($434,670). A survey done by the City of Bellevue of 23 of the largest cities in the State of Washington shows Edmonds is the third lowest in property tax rates, fifth lowest in utility tax rates, and lowest in utility rates. Overall, the City of Edmonds holds a favorable position in its taxing base. To address a common belief that increased taxes are due to an increase in City staff, he displayed a comparison of population to employee ratios. Ratios for similar size cities (Mountlake Terrace, Kirkland, Mercer Island, Bremerton, and Lynnwood) in 1995 range from 158:1 to 117:1; Mountlake Terrace is 158:1 and Edmonds is 146:1. In 1998, Edmonds' ratio (including the 106% tax increase) is 148:1; other cities' ratios (with the exception of Mountlake Terrace who is at 160:1) have not improved. He noted Mountlake Terrace has had a number of cut backs; Edmonds is basically providing the same service. He commented all cities but Mountlake Terrace have treatment plants; if that was considered, Edmonds' ratio would be the highest. Mr. Housler advised public safety is a primary issue in the City's budget. The City tries to cut support services and provide more funding for services provided directly to citizens. He displayed a chart illustrating public safety funding in 1995 was 43% of General Fund monies spent; in 1998 the public safety portion is 48%. Edmonds City Council Approved Minutes November 18, 1997 Page 6 Mr. Housler displayed a trend chart of general revenues and expenditures for 1990 - 1996 and explained the two financial difficulties ,occurred in 1992 and 1996. In 1990 and 1991 when revenues decreased, the property tax was not increased to 106%. In 1993, the properties taxes not levied in 1990 and 1991 were levied, a total of 18% in that one year. In 1994 and 1995 the property tax rate was increased 103%; as a result of not taking the full 106%, another financial crisis arose at the end of 1996. He noted the City received additional "one-time" sales tax revenue in 1997 from the construction of the new high school, remodel of Seaview Elementary, and restoration of the Port. Mr. Housler summarized the 106% property tax increase was necessary if the Council wanted to continue providing the services the public demands and to keep the City financially sound. Councilmember White asked the rate of inflation last year. Mr. Housler answered it was 3.7%. Councilmember White asked why the City could not operate on an increase of 3.7% and why the additional 2.3% was needed? Mr. Housler answered one of the major reasons was intergovernmental services (public library, public health, Medic 7, SnoCom, jail services, etc.) have all increased nearly 10%, some even more. Councilmember White asked the average wage increase within the City. Mr. Housler answered 3.3% as most employees are contracted through labor settlements. Mayor Fahey pointed out in difficult financial times, salaries for non -represented employees were capped. This resulted in pay inequities as compared to salaries in the marketplace and was demonstrated by the Human Resources Study. She said salary adjustments were being made to bring these salaries into a range comparable to other cities. In these instances, salary increases have been more than 3.3%. Mayor Fahey opened the public participation portion of the public hearing. Councilmember Myers asked if citizens would have another opportunity to speak at the continued public hearing on November 25 if they spoke tonight. Mr. Snyder advised this was at the discretion of the Council. It was the consensus of the Council that a citizen who spoke tonight would not have an opportunity to speak to this issue again on November 25. Lars Olsson. c/o 561 Pine Street, Edmonds, said an increase from $4,585,980 to $5,321,300 was not 6%. He questioned whether the properties annexed were annexed into the City of Edmonds, CITY OF EDMONDS, or Town of Edmonds. He questioned the term "contracted employees." He questioned the appropriateness of adjusting salaries just because they needed adjustment, noting that in the private sector, salaries are adjusted based upon performance. He said a population to citizen ratio may not be the best performance criteria and suggested the Council consider a performance evaluation. He also asked if the minutes of Executive Sessions were available to the public. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, asked if the average cost included the newly annexed areas. Mr. Housler said the chart included 1996 annexations which have been finalized and certified by the State of Washington. Mr. Rutledge suggested the Council outline expenditures. He pointed out the increase in property taxes was a big issue to residents, particularly in view of upcoming school bonds, etc. He suggested the City investigate other ways of generating. revenue. Mayor Fahey announced the public hearing would be continued to the November 25, 1997 Council meeting. Edmonds City Council Approved Minutes November 18, 1997 Page 7 In response to questions raised by a citizen, Mr. Snyder explained the City of Edmonds was instituted as an alternative charter city by election and vote of the people. As such it operates under charter constituted by Title 35A of the RCW. The departments of the City and the powers they exercise are those listed in that title. The Town of Edmonds and prior incarnations are now subsumed by the powers that are exercised. He noted the figures Mr. Olsson referred to are not those included in the ordinance. In 1997, the City levied $5,321,300—the 106% increase proposed is an increase of $319,273 or 6%. The City is permitted under Referendum 47 to have the benefit of new construction which brings the total to approximately $5,683,000. When Mr. Housler referred to contracts, he was referring to purchases the City made via interlocal agreement with independent governmental entities and not with City departments. Mr. Snyder said those contracts were available via written request to the City Clerk's Office. Further, records from Executive Session are exempt from public disclosure until the reason for the Executive Session passes. He noted the City is not obligated to keep minutes of Executive Sessions but has decided to do so by resolution so citizens can be informed of the Executive Session once the reason passes. Mr. Olsson objected to Mr. Snyder speaking on behalf of the Council. Mayor Fahey stressed Mr. Snyder, as the City's legal counsel, had the right and the responsibility to clarify matters of inquiry from citizens. 8. AUTHORIZATION FOR MAYOR TO SIGN CONTRACT FOR SCHEMATIC DESIGN AND PERMITTING FOR REPAIRIREPLACEMENT OF MID -WATERFRONT SEA WALLS— REID MIDDLETON, INC. ($22,100) Parks and Recreation Manager Arvilla Ohlde explained the November 1996 storm destroyed the seawall in three locations in Edmonds—Brackett's Landing North, at the Senior Center, and Olympic Beach. The Consultant Selection Committee selected Reid Middleton, Inc. for the project and, with City Council authorization, staff negotiated two separate elements of the contract. The first was for the "step down" seawall final design for Brackett's Landing North which was presented for City Council consent approval. The second element is the contract for the schematic designs and permitting for the Olympic Beach and Senior Center seawalls. She explained her efforts for grant funding via the Interagency Committee for Outdoor Recreation to assist with construction of the bulkheads were not successful. Although the project scored fairly high, capital funding is limited and only one of the seven projects was funded. Further, attempts to secure funding via the Puget Sound Economic Development Council were also riot successful. Now that only the original amount of $140,000 is available, a design for the Brackett's Landing North was approved for $23,000 and $22,100 is requested to begin the schematic design and permitting for the bulkheads at the Senior Center. She indicated she would return with a recommendation for the remaining $94,000. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER MYERS, FOR PASSAGE OF ITEM 8 (AUTHORIZATION FOR MAYOR TO SIGN CONTRACT FOR SCHEMATIC DESIGN & PERMITTING FOR REPAIR/REPLACEMENT OF MID - WATERFRONT SEAWALLS WITH REID MIDDLETON, INC. IN THE TOTAL AMOUNT OF $22,100). MOTION CARRIED. Mayor Fahey said the funding source was Fund 125, Park Capital Fund Account. Edmonds City Council Approved Minutes November 18, 1997 Page 8 9. UPDATE ON TWENTY FOOT CONSTRUCTION LICENSE AGREEMENT AT BRACKETT'S LANDING SOUTH WITH WASHINGTON STATE FERRIES FOR OVERHEAD LOADING LANDING SOUTH WITH WASHINGTON STATE FERRIES FOR OVERHEAD LOADING PROJECT Mayor Fahey read the press release regarding the City's newest park, Brackett's Landing South, selection as the winner of the Howland Award for Urban Enrichment in the "under 50,000" population category. Along with the honor of the award, the City will receive $2,000 to be donated to the nonprofit community organization of the City's choice. Mayor Fahey suggested the money be donated to the Edmonds Museum for the significant work they do to preserve the City's history as well as the assistance they provided with the historical plaques for the landscaping at Brackett's Landing South. She said Ms. Ohlde supported her suggestion to donate the $2,000 to the Edmonds Museum. Parks and Recreation Manager Arvilla Ohlde explained in June, 1997, the City Council approved an authorization to provide a construction license with the Washington State Ferries (WSF). WSF has awarded the contract to General Construction. A pre -construction meeting was held last week and the timeline has been established. She explained an agreement was made to provide WSF access to 20 feet of the north side of Brackett's Landing (the south side of the WSF site) for construction of the overhead loading. When design of the overhead loading and Brackett's Landing South began, it was unknown which process would begin first, therefore, the City and WSF integrated the architecture of both projects. As a result of the appeals on the overhead loading project, Brackett's Landing South was completed first. Within the 20 foot area, all elements of the park were designed so they could be easily removed during the overhead loading construction and replaced at its completion. She explained a public information plan has been established which includes newspaper publication, press announcements in local newspapers, and on-site signage to fully explain the temporary removal and restoration of the park. Council President Earling recommended the on-site signage clearly explain what is taking place and how the park will be restored when construction is complete. Councilmember White concurred with the comment made by Council President Earling and suggested signage also include a completion date. Ms. Ohlde said WSF is planning completion in March 1999. The City has worked out a verbal agreement with WSF so that when the 20 foot area is no longer needed, it be restored immediately. She suggested the on-site signage be updated periodically. Councilmember Van Hollebeke congratulated Ms. Ohlde and others for their efforts on the park and pointed out the enthusiasm of the park users. He concurred with the suggestions regarding signage and suggested the on-site signage indicate the last possible date possible of March 1999 be included and that the park will be restored earlier if possible. COUNCILMEMBER WHITE MOVED, SECONDED BY COUNCILMEMBER HAAKENSON, THAT THE COUNCIL SUPPORT THE MAYOR'S APPOINTMENT OF THE EDMONDS MUSEUM AS THE RECIPIENT OF THE HOWLAND AWARD FOR URBAN ENRICHMENT IN THE AMOUNT OF $2,000. MOTION CARRIED. Ms. Ohlde noted one citizen, Milly Ingalls, gave an extensive amount of time and the City owes her their gratitude and appreciation. Mayor Fahey thanked Ms. Ohlde for her efforts to create Brackett's Landing South and the selection as the winner of the Howland Award for Urban Enrichment. She noted once the award was accepted, a formal presentation of a check to the Edmonds Museum and recognition of Ms. Ingalls would take place. Edmonds City Council Approved Minutes November 18, 1997 Page 9 Mayor Fahey pointed out one citizen's continuing appeals on the overhead loading dock will result in a tremendous disruption to the park, deny the public use of a portion of the park for awhile, as well as associated expenses for the Department of Transportation and Washington. State Ferries. Although she did not want to deny citizens to be involved in the process, she pointed out the costs associated with an extensive process that accomplishes nothing except delays are sometimes overlooked. She stressed the expenses are tax dollars that will be spent in an inappropriate and unnecessary manner because the project could not be constructed prior to the completion of Brackett's Landing South. She encouraged citizens to consider associated costs with this type of process when questioning why projects costs so much. 10. CITY COUNCIL CONFIRMATION OF THE LODGING TAX ADVISORY COMMITTEE MEMBERS Mayor Fahey explained in 1997, the Washington State Legislature passed SSB5867 in an attempt to provide uniformity to the Hotel -Motel Tax guidelines in RCW 67.28.180. This bill made several changes to the existing tax, one of which is the requirement that cities with a population over 5,000 form a Lodging Tax Advisory Committee. SSB5867 requires equal representation on the committee by the lodging industry that provides the tax and the recipients of the tax. The following people are willing to serve on the committee: Jan Connors, Edmonds Harbor Inn Hotel; John Edward, Edmonds Travelodge; Carolyn Stark, Edmonds Arts Commission; Michael Kunz, Edmonds Alliance for Economic Development, and herself, Elected Official and Chair. She explained the Council had the option of appointing a Councilmember to chair the Committee if they desired. She requested the Council approve the formation of the Lodging Tax Advisory Committee in concept as well as the individuals who have agreed to serve on the committee. A meeting will be held on November 20 to review the formation of the committee as well as the proposed ordinance to reinstitute the Hotel -Motel Tax under the new guidelines. Councilmember Miller supported the formation of the committee but questioned whether there should also be a member of the Council on the committee. COUNCILMEMBERMILLER MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO ADD A SIXTH POSITION, NOW UNNAMED, WHICH THE COUNCIL PRESIDENT WOULD APPOINT ON A YEARLY BASIS. Mayor Fahey clarified only one elected official may serve as a voting member and chair; it would be possible to add ex -officio members. Councilmember Miller said the Councilmember could be a non- voting member. Councilmember Van Hollebeke appreciated Councilmember Miller's concern that the Council be represented but questioned whether it was necessary to have a Councilmember on the committee. He has served with Mayor Fahey on the Edmonds Alliance for Economic Development, one of the major recipients of these tax dollars, and said she was the most knowledgeable person about the entire county, distribution of the hotel -motel tax, etc. and would serve the Council well. Councilmember Haakenson said he too would be comfortable with the Council President appointing either the Mayor or a Councilmember to the position and to not have an additional Councilmember on the committee. He asked if this was an appointed position. Mayor Fahey answered it could be appointed Edmonds City Council Approved Minutes November 18, 1997 Page 10 on an annual basis. Councilmember Haakenson supported the establishment of a five member committee. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER MYERS, TO AMEND THE MOTION TO LEAVE THE NUMBER OF COMMITTEE MEMBERS AT FIVE, HAVE AN ANNUAL REVIEW BY THE CITY COUNCIL IN DECEMBER, AND THE ELECTED OFFICIAL APPOINTED BY THE COUNCIL PRESIDENT IN JANUARY. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO EXTEND THE DISCUSSION OF THIS ITEM FOR A BRIEF TIME PERIOD. MOTION CARRIED. AMENDMENT CARRIED. Mayor Fahey restated the motion as follows: AUTHORIZATION TO FORM A LODGING TAX ADVISORY COMMITTEE WITH MEMBERS SO DESIGNATED AND THE ORDINANCE TO INDICATE THAT THERE WILL BE AN ANNUAL REVIEW IN DECEMBER WITH THE APPOINTMENT OF THE ELECTED OFFICIAL TO SERVE AS CHAIR TO BE MADE IN JANUARY. MOTION CARRIED. 10A. REPORT ON COUNCIL COMMITTEE MEETINGS Finance Committee Committee Member Miller reported the committee reviewed an agreement for office supplies, furnishings and equipment purchasing which was presented by Sandy Chase. The committee recommended extension of the current contract with Lunds Office Essentials for another year and to call for bid on the contract in 1999. Termination of the vehicle lift contract and consideration of the second* lowest vehicle lift bid was also discussed. The vendor was to supply lifts for heavy equipment that met UL specifications; however, the vendor was unable to bring the equipment to UL specification. The Committee authorized the call for bids for the vehicle lift which was approved on tonight's Consent Agenda. The procedure to receive community requests for budgeting purposes was discussed and the final draft of the document read. The fund number was inserted as well as the designated Committee - Finance. The Committee is satisfied with the final document and thanks Council Assistant Jana Spellman for her work on this item. The mission statement/job description of the Finance Committee was finalized. He thanked Councilmember Nordquist and Art Housler for their efforts to develop this mission statement/job description. Concluding the meeting, Petty Cash expenditures for the month of October were approved. Public Safety Committee Committee Member Myers reported, as a result of comments made at a recent Council meeting regarding skateboarding in the City, the Public Safety Committee scheduled a review of this subject and invited interested parties to speak. The City Attorney was asked to prepare information regarding legalities of skateboarding in the City and Police Chief Hickok was asked to review City ordinances. Cultural/Recreation Supervisor Brian McIntosh also provided information. As a result, Chief Hickok will draft a new skateboarding ordinance similar to Walla Walla's and include input from community members regarding the restricted zone. Police Chief Hickok provided the Committee an update on the Police Department's organizational structure. Other than additional personnel based on annexations, no changes were recommended. The monthly report on Emergency Medical Services was provided; Edmonds City Council Approved Minutes November 18, 1997 Page t 1 Assistant Fire Chief McComas advised the difference between the number of patients transported and the number billed was down to eight as of October 1, 1997. Community Services Committee Chairperson Van Hollebeke reported an update on the Snohomish County Recycling Program was committee provided. Edmonds has shared Recycling Coordinator Steve Fisher equally with Lynnwood with the majority of his salary costs covered by a 60% grant each City receives. Both cities have shown significant progress in waste reduction through recycling for the past three years. The committee next discussed the Perrinville Sewer Capital Improvement. With the apparent successful voter decision on the Perrinville annexation, staff has initiated discussion for an LID to provide sewer capital improvements in this area. A survey indicated that over 65% of the residents were in favor of an LID. Staff will move forward after the vote is certified. Community Services Director Paul Mar provided a brief update on the progress in creating a three-dimensional visual model of the downtown/waterfront utilizing the resources of the University of Washington. The project will be the subject of a winter quarter 1998 graduate course of the College of Architecture and Urban Planning. A draft course syllabus has been prepared and is being reviewed by staff. 11. MAYOR Mayor Fahey advised the Fire Consolidation Study, a South Snohomish County -wide study on the best ways to provide fire services in the future, is moving forward. The Study will review the present procedures and make recommendations regarding any economies and/or benefits of consolidated fire services. Mayor Fahey reported on ASCENT 21, an analysis of the critical infrastructure needs of the County to improve transportation, open spaces, parks, sewer and storm water, etc. to accommodate the impacts of continuing growth in the County. She participates in the ASCENT 21 Regional Planning Committee who plan to convene a summit meeting with representatives from the three cities in South Snohomish County to develop a plan for projects that would best address the needs of South Snohomish County in a unified effort. Mayor Fahey reported Healthy Communities addresses the human services needs throughout the County. She and Parks and Recreation Manager Ohlde attended a completion process for Phase I of that study which outlines what needs to be done to keep families healthy and there are efforts to move forward with a Phase II. Mayor Fahey reported she is working with several other cities to craft language that could be taken to the House of Representatives and the Senate to amend the Fair Housing Act and to clarify the definition of what constitutes family relationships. She will take a resolution to the Community Development Policy Committee of the National League of Cities (NLC) for approval, the primary reason she will be attending the NLC meetings in Washington DC. She will also attend the Transportation Policy Committee and participate in the dialogue in the Community Development Policy Committee. Those who are interested in working on this issue on a national level will discuss lobbying for action immediately after the first of the year. 12. COUNCIL COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MYERS, TO EXCUSE COUNCILMEMBER HAAKENSON, FROM LAST WEEK'S MEETING (NOVEMBER 10, 1997). MOTION CARRIED, COUNCILMEMBER HAAKENSON ABSTAINED. Edmonds City Council Approved Minutes November 18, 1997 Page 12 Council President Earling reminded the Council of the special Budget Workshop on Monday, November 24 at 5:00 p.m. in the Great Room on the Third Floor of City Hall. Council President Earling then read a letter into the record regarding support for the proposal for a new pool from Dr. Allen Schwartz, Mary Stafford, and Dr. John and Barabara Sylvester. Councilmember Myers referred to the map of the Woodway Highlands area provided in the Council packet. He said this map was provided to him by the residents on 237th Place; he will provide a memo regarding their discussion. Mr. Myers congratulated Councilmember Nordquist on his 30th anniversary as a Councilmember. In addition, he reported Roger Hertrich (former Councilmember) had emergency surgery yesterday and wished him well. Councilmember White asked the City Attorney to investigate whether the City could offer incentives of any sort to businesses located in Edmonds when sending contracts out for bid. He also requested the information on the square footage tax be provided as early as possible and, if possible prior to the Friday packet. He recalled discussion at the last Council meeting regarding the Perrinville annexation not being dependent on their acceptance of the City's bonded indebtedness. He said sufficient information was not available to make that decision and asked that information be provided as soon as possible. Councilmember Haakenson pointed out a high citizen to employee ratio was not good from a customer Citizen Ratio service standpoint. Although he preferred a lower ratio, the chart shows the City does not have a lot of extra employees. He assured no pay increase for any City employee was ever based on an employee to citizen ratio. He reported the trees on 220th have been replanted and looked forward to seeing them flower this spring. As a member of the Edmonds Daybreaker Rotary Club, he announced they will be sponsoring' their annual Christmas Home Lighting contest again this year. He advised further information would be available in The Edmonds Paper, the Enterprise and from him. Mayor Fahey encouraged the Council to attend the Cities and Towns dinner on Thursday at Edmonds Community College. 13. EXECUTIVE SESSION REGARDING A LEGAL MATTER At 9:25 p.m., Mayor Fahey recessed the Council to Executive Session for approximately. 30 minutes for Session discussion of a legal matter. She advised the Council would adjourn immediately following Executive Session as no action was anticipated. BARBARA S. FAHEY, MAYOR` SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes November 18, 1997 Page 13 AGENDA LL EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building qw 650 Main Street 7:00 -10:00 p.m. NOVEMBER 18, 1997 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 NOVEMBER 3, 1997 (C) APPROVAL OF CITY COUNCIL MEETING MINUTES OF NOVEMBER 10, 1997 (D) APPROVAL OF CLAIM WARRANTS #18993 THRU #21127 FOR THE WEEK OF NOVEMBER 3, 1997, IN THE AMOUNT OF $161,528.22. APPROVAL OF CLAIM WARRANTS #18995 THRU #21208 FOR THE WEEK OF NOVEMBER 10, 1997, IN THE AMOUNT OF $227,824.25. APPROVAL OF PAYROLL WARRANTS #18440 THRU #18604 FOR THE PERIOD OF OCTOBER 16 THRU OCTOBER 31, 1997, IN THE AMOUNT OF $346,338.58. (E) AUTHORIZATION FOR MAYOR TO SIGN SNOHOMISH COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT CONTRACT FOR SENIOR CENTER IMPROVEMENTS, H AND CD 1996, NO. 10 ($75,000) (F) AUTHORIZATION FOR MAYOR TO PROVIDE AN EASEMENT TO GTE WITHIN THE PUBLIC SAFETY COMPLEX (G) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT FOR DESIGN OF BRACKETT'S LANDING NORTH SEA WALL REPAIR WITH REID MIDDLETON, INC. ($23,738) (H) AUTHORIZATION FOR MAYOR TO SIGN AN INTERLOCAL AGREEMENT FOR EDMONDS FERRY TERMINAL BICYCLE LOCKERS WITH WASHINGTON STATE FERRIES (1) AUTHORIZATION FOR MAYOR TO SIGN EMERGENCY GENERATOR LEASE AGREEMENT WITH WASHINGTON STATE FERRIES (J) AUTHORIZATION TO ADVERTISE FOR PURCHASE OF VEHICLE COLUMN LIFTS FOR FLEET MAINTENANCE (K) REPORT ON FINAL CONSTRUCTION COSTS FOR THE 92ND AVENUE WEST / 220TH STREET SOUTHWEST STORM DRAINAGE IMPROVEMENTS PROJECT AND COUNCIL ACCEPTANCE OF PROJECT (L) REPORT ON FINAL CONSTRUCTION COSTS FOR THE SENIOR CENTER FLOOR REPAIR PROJECT AND COUNCIL ACCEPTANCE OF PROJECT (M) REPORT ON QUOTES AND AUTHORIZATION TO PURCHASE ANTI -ICING SOLUTION STORAGE TANK FROM SPRAY CENTER ELECTRONICS, INC. ($4,649.87) (N) PROPOSED ORDINANCE VACATING A PORTION OF THE RIGHT-OF-WAY OF EDMONDS STREET BETWEEN 5TH AVENUE NORTH AND 6TH AVENUE NORTH 3. AUDIENCE (3 Minute Limit Per Person) 4. (10 Min.) INTRODUCTION OF NEW ASSISTANT FIRE CHIEF, KEVIN M. TAYLOR 5. (15 Min.) REPORT ON COUNCIL COMMITTEE MEETINGS CITY COUNCIL MEETING AGENDA November 18, 1997 Page 2 of 2 6. (20 Min.) HEARING ON THE 1998 BUDGET 7. (10 Min.) PROPOSED RESOLUTION TO INCREASE THE CITY OF EDMONDS REGULAR PROPERTY TAX LEVY TO 106% OF THE 1997 LEVY 8. (5 Min.) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT FOR SCHEMATIC DESIGN AND PERMITTING FOR REPAIR/REPLACEMENT OF MID -WATERFRONT SEA WALLS WITH REID MIDDLETON, INC. ($22,100) 9. (5 Min.) UPDATE ON TWENTY FOOT CONSTRUCTION LICENSE AGREEMENT AT BRACKETT'S LANDING SOUTH WITH WASHINGTON STATE FERRIES FOR OVERHEAD LOADING PROJECT 10. (5 Min.) CITY COUNCIL CONFIRMATION OF THE LODGING TAX ADVISORY COMMITTEE MEMBERS 11. (5 Min.) MAYOR 12. (15 Min.) COUNCIL 13. (30 Min.) EXECUTIVE SESSION REGARDING A LEGAL MATTER 'arking and meeting rooms are accessible for persons with disabilities. Contact the City Cleric at 771-0245 with 24 hours advance notice foi special accommodations. The Council Agenda appears on Chambers Cable, Channel 32. Delayed telecast of this meeting appears he following Wednesday, Friday and Monday at noon on Channel 32.