05/16/2000 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES
MAY 169 2000
Following a Special Meeting at 6:45 p.m. for an Executive Session regarding a legal matter, the
Edmonds City Council meeting was called to order at 7:04 p.m. by Mayor Haakenson in the Library
Plaza Room, 650 Main Street. The meeting was opened with the flag salute.
ELECTED OFFICIALS PRESENT
Gary Haakenson, Mayor
Jim White, Council President Pro Tem
Dave Earling, Councilmember
Michael Plunkett, Councilmember
Lora Petso, Councilmember
Dave Orvis, Councilmember
ELECTED OFFICIALS ABSENT
Thomas A. Miller, Council President
Christopher Davis, Councilmember
ALSO PRESENT
Maia Krause, Student Representative
1. APPROVAL OF AGENDA
STAFF PRESENT
Tom Tomberg, Fire Chief
Kevin Taylor, Assistant Fire Chief
Robin Hickok, Police Chief
Peggy Hetzler, Administrative Services Director
Rob Chave, Planning Manager
Noel Miller, Public Works Director
James Walker, City Engineer
Brent Hunter, Human Resources Director
Doug Farmen, Accounting Manager
Steve Bullock, Senior Planner
Minh Truong, Accountant
Scott James Accountant
Scott Snyder, City Attorney
Sandy Chase, City Clerk
Jana Spellman, Senior Executive Council Asst.
Jeannie Dines, Recorder
Change to Mayor Haakenson requested "Approval of a Settlement Agreement" be added as Consent Agenda Item
genda M.
COUNCIL PRESIDENT PRO TEM WHITE MOVED, SECONDED BY COUNCILMEMBER
ORVIS, TO ADD APPROVAL OF A SETTLEMENT AGREEMENT AS CONSENT AGENDA
ITEM M. MOTION CARRIED UNANIMOUSLY.
Mayor Haakenson requested the addition of Agenda Item 10A, consideration of a letter received from
Bill Foster, Attorney for Al Dykes and Brad Butterfield, File Nos. AP -99 -187 and ADB- 99 -33, to set a
date for action.
COUNCIL PRESIDENT PRO TEM WHITE MOVED, SECONDED BY COUNCILMEMBER
ORVIS, TO ADD CONSIDERATION OF A LETTER RECEIVED FROM BILL FOSTER,
ATTORNEY FOR AL DYKES AND BRAD BUTTERFIELD, FILE NOS. AP -99 -187 AND ADB -99-
33 TO THE AGENDA AS ITEM 10A. MOTION CARRIED UNANIMOUSLY.
Edmonds City Council Approved Minutes
May 16, 2000
Page 1
City Attorney Scott Snyder advised the Council previously placed the appeal on the table without a date
certain. The only action the Council could take tonight was procedural, setting a date to consider this
item. No discussion of substance could occur.
COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR
APPROVAL OF THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY.
2. CONSENT AGENDA ITEMS
COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR
APPROVAL OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda
items approved are as follows:
ADB (J) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH CASCADE DESIGN
Design
Guidelines COLLABORATIVE FOR THE ARCHITECTURAL DESIGN BOARD DESIGN
GUIDELINES PROJECT
Public
Works (K) PROCLAMATION IN RECOGNITION OF PUBLIC WORKS WEEK, MAY 21— 27, 2000
Week
P,—d#-33-1 1] (L) ORDINANCE NO. 3311 AMENDING THE PROVISIONS OF ECC 8.48.215, PARKING
Parking I INFRACTION PENALTIES, IN ORDER TO PROVIDE FOR AN INCREASE IN FINES
Fines
Settlement (M) APPROVAL OF SETTLEMENT AGREEMENT
gree-
ment 3. AUDIENCE COMMENTS
erry Al Rutledge, 7101 Lake Ballinger Way, Edmonds, commented that a ballot measure regarding the
ystem Washington State Ferry would be on an upcoming ballot. He requested the City ask the State Ferry
slues representative why several vehicles were loaded while a Safeway truck waited on the dock. He recalled
Edmonds City Council Approved Minutes
May 16, 2000
Page 2
(A)
ROLL CALL
00
(B)
APPROVAL OF CITY COUNCIL MEETING MINUTES OF MAY 9, 2000
Me
utes
(C)
APPROVAL OF CLAIM CHECKS #35959 THROUGH #41045 FOR THE WEEK OF
pprove
MAY 8, 2000, IN THE AMOUNT OF $228,205.28
Claim
Checks
(D)
ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM KAREN CROOKER
Claims for
($1,000.00), CLAUDIA SUNDLING ($1,050.00), AND ELIZABETH D. KEANE (Amount
Damages
Undetermined)
Lowell
Garden
(E)
APPROVAL OF LOWELL GARDEN, A FIVE -LOT FORMAL PLAT LOCATED AT 7705
Plat
— 238TH STREET SW (APPLICANT: THOMAS BELT/ FILE NO. P -99 -183)
all for
ids -LIDS
(F)
AUTHORIZATION TO CALL FOR BIDS FOR LOCAL IMPROVEMENT DISTRICTS
1 s & 216
(LID) NO. 215 AND 216
lesurfac
12"" N
(G)
AUTHORIZATION TO RESURFACE SECOND AVENUE NORTH FROM MAIN
STREET TO BELL STREET
[Motorcycle
Lease
(H)
AUTHORIZATION TO LEASE POLICE MOTORCYCLE FROM LYNNWOOD CYCLE
BARN
rest I
(I)
AUTHORIZATION FOR MAYOR TO SIGN CONTRACT AMENDMENT WITH ARTIST
Contract
FOR 5T" AND MAIN ARTWORK TO EXTEND COMPLETION DATE
ADB (J) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH CASCADE DESIGN
Design
Guidelines COLLABORATIVE FOR THE ARCHITECTURAL DESIGN BOARD DESIGN
GUIDELINES PROJECT
Public
Works (K) PROCLAMATION IN RECOGNITION OF PUBLIC WORKS WEEK, MAY 21— 27, 2000
Week
P,—d#-33-1 1] (L) ORDINANCE NO. 3311 AMENDING THE PROVISIONS OF ECC 8.48.215, PARKING
Parking I INFRACTION PENALTIES, IN ORDER TO PROVIDE FOR AN INCREASE IN FINES
Fines
Settlement (M) APPROVAL OF SETTLEMENT AGREEMENT
gree-
ment 3. AUDIENCE COMMENTS
erry Al Rutledge, 7101 Lake Ballinger Way, Edmonds, commented that a ballot measure regarding the
ystem Washington State Ferry would be on an upcoming ballot. He requested the City ask the State Ferry
slues representative why several vehicles were loaded while a Safeway truck waited on the dock. He recalled
Edmonds City Council Approved Minutes
May 16, 2000
Page 2
that as a result, Safeway "pulled out" of the Washington State Ferry system for 35 days, costing the
system $65,000 — $70,000 in lost revenue. He pointed out two other trucking companies did not use the
ferry system because of the $92 round trip fare. Next, Mr. Rutledge reported that Las Vegas style
gambling had been legalized on Indian reservations in California and it is anticipated it would be
legalized in Oregon and later in Washington. Mr. Rutledge said the City was over budget for the first
quarter of the year and predicted the City would continue to be over budget for the remainder of the year.
Vehicle Neil Tibbott, 19026 88" Avenue W, Edmonds (Seaview), Neighborhood Coordinator, said the
Speed neighborhood was concerned with vehicle speeds in excess of the 25 mph speed limit on 88' Avenue.
Concerns
on 88' He said 85% of the vehicles on 88'b Avenue traveled in excess of the speed, limit and 50% traveled in
Ave. W. excess of 32 mph. He said although City staff was responsive to their concerns, the neighbors heard that
some of the most effective traffic calming methods were eliminated for professional reasons. He asked
the Council to direct staff to consider the most effective means of slowing traffic. He said the need to
slow traffic was urgent due to an increase in the elementary school population and more young families
moving into the area.
Shoreline Roger Hertrich, 1020 Puget Drive, Edmonds, recalled there was a discussion at last week's
Hearings Community Services/Development Services committee meeting regarding the Port and upcoming
Shoreline hearings. He asked if the hearing had been held and, if not, whether the public would be
notified and whether it was a public meeting. He said Auburn received funds to address safety due to
train speeds and overpasses. He recommended the City apply for grants to develop better intersections
for railroad crossings and additional overpasses to improve public access to Puget Sound.
Mayor Haakenson advised Mr. Hertrich that the Council would be discussing the Shoreline Master
Program at a work meeting, likely next week, and there would also be a public hearing regarding the
Shoreline Master Program.
Fire 4. FIRE SAFETY FOUNDATION PRESENTATION
Safety
Founda- Fire Chief Tom Tomberg said in his 28 years of public safety experience, he had never encountered a
tion
Fire Safety Foundation until he came to Edmonds. He said the Foundation was a marvelous adjunct to
the Fire Department, providing support, emergency tools and equipment to firefighters to assist them in
delivering the very best in emergency medical care, fire suppression, rescue and extraction, hazardous
material support, and disaster response. He introduced the President of the Foundation, Betty Mueller.
Ms. Mueller introduced the members of the Edmonds Fire Safety Foundation, Helga Amdal, Marie
Botnen, Chuck Cain, Joy Cain, Roger Dalzell, Mark Foote, Pat Hepler, Mike Heryla, Cillay Peter, Nancy
Beaumont, Tom Dockins, Pirie Hart, Susan Lambert and Christin Leupold. Ms. Mueller advised the
Foundation recently launched another fund raising effort to allow them to purchase items requested by
the Fire Department. She said the Foundation also supported the water games in Edmonds City Park on
the Fourth of July and plan to build a house in the Red Barn during 2000 that will be raffled off.
Assistant Fire Chief Kevin Taylor displayed and described several of the items the Fire Safety
Foundation has purchased including: (1) a thermal imaging camera which assists firefighters in
identifying hot spots in a fire, and enhances search and rescue capabilities by improving visibility in a
smoky environment; (2) a hydraulic rescue tool, an accessory /enhancement to the jaws of life; (3) nine
water rescue suits to be worn by emergency personnel participating in a water rescue; (4) and nine voice
enhancement devices worn with a self contained breathing apparatus that enhance the volume of
firefighters' voices while wearing the breathing apparatus (more devices are desired). He said the Fire
Edmonds City Council Approved Minutes
May 16, 2000
Page 3
Safety Foundation did many things for the Fire Department, were always available and has been very
generous.
Fire Chief Tomberg presented Ms. Mueller with a bouquet of flowers in appreciation for the work of the
Foundation. Ms. Mueller acknowledged the participation of all members of the Foundation.
5. PRESENTATION OF AWARD OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL
Financial Award REPORTING
Reporting
Mayor Haakenson explained the Certificate of Achievement was the highest form of recognition in
governmental accounting and financial reporting, and its attainment represented a significant
accomplishment by a government and its management. He said this was the eighth year the City had
received this award. Mayor Haakenson explained the citizens of Edmonds were directly benefited by the
City's receipt of the Certificate of Achievement in Financial Reporting (CAFR) as it resulted in an
improved bond rating. The bond rating company views the Award for Excellence as reliable verification
that the City was complying with Governmental Accounting Standards. This increased the City's bond
rating (currently AAA for General Obligation and Revenue bonds) and, consequently, lowered the
annual debt service on bonds. This in turn saved money for Edmonds taxpayers.
Mayor Haakenson presented the Certificate of Achievement to Administrative Services Director Peggy
Hetzler and offered his congratulations on behalf of the Council. Ms. Hetzler introduced Accounting
Manager Doug Farmen, Utility Accountant Minh Truong and Public Safety Accountant Scott James,
who also deserved to be recognized for receipt of the Certificate of Achievement. Ms. Hetzler explained
governmental accounting was quite different as the City had over 40 different funds to account for the
City's operation. She explained each year the accounting staff prepared the equivalent of 40 different
corporate financial statements. She recognized the accounting staff for their knowledge, dedication and
work ethic and said the Certificate of Achievement could assure citizens the City was nationally
recognized for the quality and accuracy of its financial reporting.
Kairez 6. FINAL PLAT APPROVAL FOR KAIREZ SUBDIVISION (APPLICANT: GEORGE KAIREZ /
sub- I FILE NO. P -93 -216; PROPERTY LOCATION: 9117 OLYMPIC VIEW DRIVE)
division
City Attorney Scott Snyder explained the City could only proceed with approval of a subdivision when
all persons who had legal ownership in the property had been identified. He said the City received a
claim of adverse possession by a number of property owners. When the claim was received, staff sent a
letter to all affected parties indicating the time period for consideration of the subdivision application had
been stopped until the matter was resolved. Mr. Kairez, the owner of the subdivision property,
commenced a lot line adjustment action to transfer ownership of the disputed parcel to the persons who
claimed an interest. That process must be complete prior to the Council's consideration of the
subdivision. He said on Friday, City staff received an appeal of the lot line adjustment from the Yards.
Mr. Carter, the applicant's attorney, submitted a brief that outlined numerous reasons he believed the
Council should proceed.
Mr. Snyder suggested the Council hear from the applicant and any other member of the public who
wished to speak regarding continuing this matter. He recommended the Council continue the matter
until June 20. He said this was a legislative decision by the Council and the Council operated under
limited review criteria for a final plat and subdivision.
Edmonds City Council Approved Minutes
May 16, 2000
Page 4
Phillip Carter, Attorney, referred to the responsive letter he submitted to the City this afternoon. He
said the issue before the Council was whether to approve the final plat for the Kairez Subdivision. He
said the preliminary subdivision was commenced in 1992 and had been approved by the Hearing
Examiner and City Council. He pointed out the property was owned by Antonina Kairez; George Kairez
has been assisting his mother with the subdivision.
Mr. Carter said the only issue before the Council was a claim of ownership via adverse possession of
approximately 5 square feet of land that encroached into Tract 999. He explained on the left side of the
access road, into the subdivision (Kairez Drive), the Hearing Examiner set aside a buffer to buffer the
neighbors to the west. At that time, the Kairers were unaware that the garage of a neighboring property
encroached slightly into the Kairez property. When the encroachment was discovered and the neighbors'
contended they owned the property via adverse possession, the Kairers offered to give the property to
them. A quit claim deed was executed with the neighboring property owner.
Mr. Carter acknowledged an appeal was filed by the Yards on Friday but felt everything required for
final approval for the plat had been accomplished, even with the addition of the appeal. He said a minor
plat modification was approved to allow exclusion of the property with the garages. An additional 2 -foot
strip was deeded with that property to allow maintenance and repair of the garage structure. A boundary
line adjustment was approved on March 10. He said the City's codes appeared to indicate that an appeal
of a boundary line adjustment must be appealed within a certain period, a period that has long since
expired.
Mr. Snyder interrupted Mr. Carter, stating he appeared to be discussing the validity of the appeal without
the appellant having been noticed. Mr. Snyder said his concern was that all parties necessary to argue
the appeal receive appropriate notice and were present. Mr. Carter observed the Yards were present. Mr.
Snyder pointed out there were other parties of record that needed to be notified.
Mr. Carter emphasized the only issue was whether this small strip of land was part of the property being
subdivided. He felt it was not. He said the property the appellants indicated they owned by adverse
possession was excluded via a minor change in the preliminary plat allowing a slight change in the
western boundary to accommodate an adverse possession, which was approved by the City on March 10
and no appeal of that decision was filed during the appeal period. He summarized the boundary line
adjustment was irrelevant to processing the final plat approval as it was not part of the property being
considered for subdivision. He requested the Council proceed with final plat approval.
Mr. Carter referred to Community Development Code Section 21.05.010(2), which indicates the decision
can only be appealed by the applicant and to the Hearing Examiner and not the City Council. He said the
appeal was defective, as it was untimely.
Councilmember Plunkett asked Mr. Carter if the Council should ignore the 15 -18 pages presented to the
Council tonight and proceed with final plat approval. Mr. Carter agreed the Council should not proceed
if it was felt they had not had adequate time to review the documents.
Mayor Haakenson invited members of the public to speak regarding the continuance of final plat
approval.
Elaine Hamner -Yard, 9209 Olympic View Drive, Edmonds, said her attorney was unable to attend
tonight. They were in attendance with the belief this was not a hearing and the Council would only be
setting a time for a continuance.
Edmonds City Council Approved Minutes
May 16, 2000
Page 5
Hearing no further comment, Mayor Haakenson closed the public participation portion.
Councilmember Earling pointed out the importance of continuing this matter to allow the Council
adequate time to review the documentation provided tonight.
COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER PLUNKETT,
THAT THE FINAL PLAT APPROVAL IN THE KAIREZ SUBDIVISION, FILE NO. P -93 -216, BE
CONTINUED UNTIL JUNE 20, 2000, TO BE HEARD IN CONJUNCTION WITH THE CLOSED
RECORD APPEAL IN FILE NO. LL- 00 -24, AND THAT THE TOLLING OF THE TIME FOR
CONSIDERATION OF THE SUBDIVISION APPLICATION BE CONTINUED THROUGH JUNE
20, 2000. MOTION CARRIED UNANIMOUSLY.
Outdoor 7, CONTINUED DELIBERATION REGARDING A PUBLIC HEARING HELD MAY 2, 2000 ON
Dmmg THE PLANNING BOARD RECOMMENDATION TO AMEND THE BN — NEIGHBORHOOD
BUSINESS ZONE (ECDC CHAPTER 16.45.030), THE BC — COMMUNITY BUSINESS ZONE
(ECDC CHAPTER 16.50.030). THE CW — COMMERCIAL WATERFRONT ZONE (ECDC
CHAPTER 16.55.030), AND CG — GENERAL COMMERCIAL ZONE (ECDC CHAPTER
16.60.030) TO PERMIT LIMITED OUTDOOR DINING AS A PERMITTED USE AND TO
OTHERWISE PERMIT MORE EXTENSIVE OUTDOOR DINING THROUGH A CONDITIONAL
USE PERMIT
Mayor Haakenson advised the Council held a public hearing on May 2 and continued the discussion to
May 16 to allow the Council to review the Planning Board's recommendation.
Mr. Chave explained there were two alternative ordinances, the first, recommended for approval by the
Planning Board. As reported at the May 2 Council meeting, the City Attorney indicated there was
another option to combine the bistro dining with the outdoor dining. This suggestion was considered by
the Planning Board who concluded their original recommendation was appropriate. The Planning Board
felt bistro dining on sidewalks served a different purpose that they wanted to encourage independent of
what occurred on private property. He said their discussion was reflected in the minutes.
City Attorney Scott Snyder said as the Planning Board felt these were different issues, the Council could
approve the Planning Board's recommendation and request a report from staff in one year regarding
whether there had been any abuses such as mixing bistro dining and outdoor dining. He pointed out
street use encroachment permits were terminable at the will of the City and were not a vested land use
right. If it was determined at the end of a year that there had been abuses, the issue could be reviewed
again by staff. Mr. Chave said staff would support that approach. Mr. Chave said the City Attorney's
recommendation for a combined approach cited abuses that could be avoided but the Planning Board was
also cognizant of instances where separating bistro dining and outdoor dining could be a benefit.
COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO ADOPT
THE PLANNING BOARD'S RECOMMENDATION, ORDINANCE NO. 3312.
Councilmember Earling asked if the understanding was that the matter would be brought back to the
Council in one year for review. Councilmember Petso agreed.
rd #3312 MOTION CARRIED UNANIMOUSLY. The ordinance approved is as follows:
utdoor
Dining ORDINANCE NO. 3312 OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE AND ENACT A
NEW CHAPTER 17.75 ENTITLED OUTDOOR DINING AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
Edmonds City Council Approved Minutes
May 16, 2000
Page 6
8. REPORT ON COMMITTEE MEETINGS
Finance I Finance
Committee Committee
Councilmember Earling advised the committee reviewed a request from Public Works to add the
resurfacing of Second Avenue North to the 2000 project list; this item was approved on tonight's
Consent Agenda (Item G). In addition, a request by Mountlake Terrace to reinstate the animal control
contract will be placed on next week's agenda. The Finance Committee recommended approval of the
contract.
Public Public Safetv
Safety Councilmember Plunkett explained the City currently owned two Harley Davidson motorcycles and
Conmiittee leased one that needed to be renewed. Re leasing the existing motorcycle would cost $800 per month
while leasing a new motorcycle cost $300 per month. Lease of a new motorcycle was approved on
tonight's Consent Agenda (Item H).
Con,,,,. Community Services/Development Services Committee
Serv./ nev. Councilmember Petso reported the committee discussed the following items:
on mittee
Com • Impact/mitigation fees for development and determined the easiest concept to implement would be a
C
utility connection fee for new development. The committee directed staff to make a presentation to
the full Council regarding the cost to implement those fees and fees in similar jurisdictions. Based
on building permits issued this year (approximately 100 residential equivalent units) and assuming a
minimum fee of $5,000 per unit (although it could be more), the City would have collected nearly
$500,000. She supported the fee, as it would benefit existing residents. The fee would be imposed
on new construction for connection to water, sewer and storm sewer service and would not be paid
by current residents. She said this would reduce the burden of paying increased water, sewer and
stone sewer rates to fund growth related capital expenditures.
• A discussion regarding the Shoreline Master Program followed; Port Director Bill Toskey requested
a meeting with the Council to discuss the Shoreline Master Plan.
• Staff proposed procedures for minor code amendments and the committee directed staff to take the
issues to the Planning Board with the exception of parking requirements and other minor
requirements.
• Regarding a presentation on roof heights, the committee directed staff to review roof heights and
establish criteria during the consultant study.
• Staff proposed the Council review the Capital Improvement Plan (CIP) separate from the budget
process. The committee agreed this was appropriate and in the future the CIP would be presented to
Council prior to the budget process which would allow a more in -depth review of capital spending.
• The meeting concluded with a discussion regarding an interlocal agreement with Edmonds School
District for playfield improvements at Sherwood Elementary. The interlocal would result in the
City funding $20,000 of the $95,000 cost with the remainder paid by the School District and parents
at Sherwood Elementary. She advised this would be placed on a future Consent Agenda following
review by the City Attorney.
Fire
Consolida- 9. REPORT ON FIRE CONSOLIDATION
tion Report
Mayor Haakenson recalled when a report was made to the Council two weeks ago on Fire Consolidation,
it was indicated a more formal presentation would be made tonight due to Mountlake Terrace's
submitting a new proposal. Mayor Haakenson advised Lynnwood's Fire Chief Olsen was also present
Edmonds City Council Approved Minutes
May 16, 2000
Page 7
this evening. Mayor Haakenson advised staff was seeking direction from the Council regarding how to
proceed.
Fire Chief Tom Tomberg referred to his report in the Council packet, and recommended the City
withdraw from the process and allow Mountlake Terrace and Lynnwood, if they choose to, to work out
an integration plan suitable to both agencies. Edmonds should consider integration at some future date if
1) the cost was reasonable, and 2) many of the unresolved questions generated by the work today had
been answered.
Administrative Services Director Peggy Hetzler recalled two weeks ago she presented some basic
information to the Council regarding how the three cities had developed the estimated cost of the
combined entities including several cost allocation formulas. She said at the time of that presentation,
the numbers they had been working with had changed just a few hours previous to the meeting. She
explained she had been in contact with Lynnwood and Mountlake Terrace during the past two weeks in
an effort to determine what caused the numbers to change. It was determined Edmonds' costs were
understated in the original analysis by approximately $32,000 due to discrepancies in salary calculation.
She estimated the consolidated entity, without any additional employees, would cost Edmonds
approximately $100,000 more than the current configuration. She emphasized the unresolved issues
described at the presentation two weeks ago (benefit packages, retirement, equipment, etc.) have not yet
been resolved. She said those costs would be significantly higher than the $100,000 calculated thus far.
Ms. Hetzler said this project was initially undertaken with the goal of generating some savings for
Mountlake Terrace and Edmonds but it had been. determined the current proposal would not result in
costs savings to any entity.
Ms. Hetzler described Mountlake Terrace's proposal which includes establishing their own advanced life
support service delivery via filling three current vacancies with cross - trained firefighter /paramedics, train
three existing firefighters in 2001 to become paramedics and three additional firefighters in 2002.
Mountlake Terrace's intent is to withdraw from Medic 7 effective January 1, 2002. Mountlake Terrace
was still interested in consolidation but wanted to include their cross - trained employees with the
expectation they would pay $300,000 Jess than they currently pay for the same service. She pointed out
these issues were not examined in the original study.
Mayor Haakenson explained if Mountlake Terrace could not reach an agreement with Lynnwood as the
contractor, they would withdraw from Medic 7 and hire nine firefighter /paramedics. He advised part of
Lynnwood's plan was to absorb Medic 7 into the Lynnwood Fire Department. Ms. Hetzler advised
another issue now being considered was station relocation which had not been addressed in the initial
study.
Councilmember Plunkett asked if the recommendation to withdraw was the Fire Department's
recommendation or Administration's. Chief Tomberg advised it was the Edmonds Fire Department's
recommendation.
Council President Pro Tern White inquired about the impact on Edmonds of dissolving Medic 7 (the cost
of Edmonds providing that service). Chief Tomberg said if Medic 7 dissolved, 11 Lynnwood could take
on the Medic 7 responsibilities and Edmonds contract with Lynnwood for ALS services, or 2) Edmonds
could provide its own ALS paramedics. He said the City currently paid $722,039 to Medic 7 for ALS
services. If Lynnwood absorbed Medic 7, a like amount would be paid to Lynnwood. If Edmonds
established its own standalone system, the cost would be approximately $975,000. He anticipated if
Edmonds City Council Approved Minutes
May 16, 2000
Page 8
Medic 7 dissolved, the same members would likely determine a way to be standalone but still provide a
cooperative level of ALS service.
Mayor Haakenson said over the past few months of fire consolidation talks, the cities of Lynnwood,
Mountlake Terrace and Edmonds acquired very defined roles in this process. It was agreed early in the
process that Lynwood would be the contractor as they have the ability and the financial resources to
provide fire and medic services within South Snohomish County. As discussions continued, Lynnwood
has continued in their role as the contractor and Mountlake Terrace has identified specific needs for
Lynnwood as their service provider including cost savings, station closures, etc. He said the reason
consolidation costs Edmonds more is because in order to achieve cost savings for Mountlake Terrace,
Edmonds must pay more. He agreed there were still numerous unresolved issues, possibly very
expensive items.
Mayor Haakenson said Edmonds' staff has spent an enormous amount of time working on a combined
proposal, possibly at the detriment of some of their other duties. Rather than withdraw from the process,
Mayor Haakenson suggested Edmonds step aside and let Lynnwood, the contractor, and Mountlake
Terrace, who have specific needs, work out their issues. He recommended Lynnwood develop a
proposal and present it to Edmonds and Mountlake Terrace.
Council President Pro Tem White recalled when he first served on the fire consolidation committee, a
consultant was hired who determined including the fire district in consolidation was unworkable. Some
time later, Mountlake Terrace, Lynnwood, Edmonds, Brier and Woodway discussed what might be the
most cost/service advantageous effort to pursue including consolidation. That analysis indicated a need
for a primary city to act as the contractor and it was determined this could only be Lynnwood. He agreed
with Edmonds stepping back and allowing Lynnwood to make a proposal to integrate Mountlake
Terrace.
Councilmember Plunkett agreed any proposal by Lynnwood should be considered. He recommended
Edmonds refocus on current deficiencies such as battalion chiefs, training, etc. and wait for Lynnwood to
make a proposal.
Councilmember Earling asked whether stepping back could potentially weaken the City's position.
Mayor Haakenson advised the City's position would not change; Edmonds had been waiting for
Lynnwood and Mountlake Terrace to determine whether they could resolve their issues. Council
President Pro Tern White said the only material change would be Edmonds would no longer be
participating in creating a proposal but rather requesting Lynnwood create a proposal and present it to
Edmonds for consideration.
Councilmembet Petso expressed concern that the description of this agenda item did not indicate the
action under consideration. She said audience members may have provided comment under the audience
comment agenda item had they known this action was being considered. She pointed out the memo
indicated Mountlake Terrace intended to opt out of Medic 7 regardless of whether fire consolidation
efforts were successful and recommended the City focus on how the ALS services would be provided in
the future.
Based on Council input, Mayor Haakenson advised Edmonds would step aside from further discussion
with Lynnwood and Mountlake Terrace regarding consolidation at this time.
Edmonds City Council Approved Minutes
May 16, 2000
Page 9
ambling 1 10. DISCUSSION OF GAMBLING REGULATIONS AND REVENUE PERTAINING TO CARD
Regulations TABLES
For Councilmember Orvis, City Attorney Scott Snyder explained the City's gambling ordinance
permitted anything the State permitted and taxed it to the maximum.
Councilmember Orvis observed the ordinance did not allow zoning gambling establishments and
banning a category must be done uniformly. Mr. Snyder agreed, explaining the State Statute did not
refer to zoning but stated the City could not impose any additional conditions on gambling enterprises
than the State permitted through their licensing provisions. For example, requiring a Conditional Use
Permit for a gambling establishing that was not required for a tavern or restaurant would not be
appropriate. He believed the City would prevail if challenged regarding establishing a card room in a
residential neighborhood, as commercial activities were not permitted in that zone. He said the
questionable area was imposing additional restrictions or selecting where a gambling establishment
could be located. He said the City could ban card rooms, pull -tabs, bingo, etc. as a category throughout
the community but could not dictate where they were located.
Councilmember Orvis asked if the City could distinguish between Neighborhood Business and
Commercial. Mr. Snyder said only if it was done for similar businesses, such as based on secondary
impacts. He said the State licensed gambling activities; cities may tax but not exercise any additional
powers /restrictions other than those allowed by the State.
Councilmember Orvis asked if the City had any permits for card rooms currently. City Clerk Sandy
Chase answered no, the City collected no tax revenue from card rooms.
Councilmember Petso asked if the City could tax gambling entities differently based on their location. .
Mr. Snyder answered no, the City could impose a 0 % -20% tax, the City currently had a 20% tax.
Administrative Services Director Peggy Hetzler referred to a survey provided by the Washington State
Gambling Commission of the estimated annual revenue received by other cities (Shoreline, Lynnwood,
Everett, Tukwila, Kent, Burien and Lacenter) from the operation of a single 15 table card room
establishment. She pointed out the survey indicated revenue from a single card room ranged from
$90,000 per year to over $1 million.
Police Chief Robin Hickok said he contacted the Everett Police Chief regarding this issue as Everett has
2 -3 gambling establishments. Everett's Police. Chief indicated the establishments had not been an
enforcement issue. Assistant Chief Compaan contacted the Police Departments in Renton, Auburn, Fife,
Federal Way and Kent who indicated none of the gambling establishments created a criminal crime
problem. He said Auburn had one casino that attracted 20,000 — 30,000 people per day, approximately
the number of residents who leave Edmonds for work elsewhere.
For Mayor Haakenson, Ms. Chase clarified no businesses in the City reported gambling taxes for card
playing activities. She explained a business paid taxes based on the type of gambling activity they
reported to the State. Mayor Haakenson said although the City did not receive any revenue from card
rooms, some one could hold a card. room license. Mr. Snyder explained gambling licenses were issued
countywide which allowed them to locate anywhere in the County, incorporated or unincorporated.
Councilmember Orvis was concerned with the social impacts of gambling and said gambling was not
part of how he viewed Edmonds. He said few people had good things to say about gambling and he was
Edmonds City Council Approved Minutes
May 16, 2000
Page 10
not certain it would be good for the City. He was concerned the City could not zone card rooms,
therefore, by allowing card rooms, the City was allowing them anywhere in the City even places such as
Five Corners, Firdale Village, Westgate, Perrinville, etc. He recommended the Council consider banning
card rooms in the City and hold a public hearing on the issue.
COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER PETSO, TO
DIRECT STAFF TO DEVELOP A DRAFT ORDINANCE AND SCHEDULE A PUBLIC
HEARING ON THE ISSUE OF PROHIBITING CARD TABLES IN EDMONDS.
Councilmember Petso said she was not opposed to banning card rooms as they could always be allowed
in the future and she was not opposed to holding a public hearing on any topic.
Councilmember Plunkett suggested Council committees consider the issue. Councilmember Earling
recommended all three committees discuss the issue. Councilmember Orvis explained Council President
Miller and he discussed this and agreed it was best discussed by the entire Council.
COUNCILMEMBER ORVIS WITHDREW HIS MOTION WITH THE APPROVAL OF THE
SECOND.
Councilmember Plunkett suggested Councilmember Orvis discuss the matter further with Council
President Miller and encouraged Committee Chairpersons to place this item on an upcoming agenda.
Mayor Haakenson asked whether a person holding a gambling license would be grandfathered if an
ordinance to ban card rooms was adopted. Mr. Snyder answered no. He said there was also no waiting
period; the Council could ban card rooms at any time.
suttereeld 10A. DYKESBUTTERFIELD LETTER
Appeal IAP-99-33
City Attorney Scott Snyder explained the Council received a request to remand the appeal to a staff level.
The ordinance regulating alley access has changed, in order to have the application considered under the
new ordinance, it would need to be reviewed by staff and the Hearing Examiner. When the Council last
considered this issue, it was tabled without a date certain.
Councilmember Petso asked if the new ordinance had been adopted. Mr. Snyder answered yes, it was in
effect.
COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO TAKE
THIS ITEM OFF THE TABLE. MOTION CARRIED UNANIMOUSLY.
COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO
PLACE THIS ITEM ON THE JUNE 6 AGENDA. MOTION CARRIED.
11. MAYOR'S REPORT
Cedar
Dreams Mayor Haakenson announced the Cedar Dreams artwork would be dedicated on Thursday, May 18 at
Dedication 5:00 p.m. The dedication would be followed by the second annual artwalk through Edmonds.
Ana �g'S Mayor Haakenson advised the Brackett 's Landing bulkhead and walkway would be dedicated on Friday,
ulkhead May 19.
Edmonds City Council Approved Minutes
May 16, 2000
Page 11
12. COUNCIL REPORTS
xcused COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO
bsence EXCUSE COUNCILMEMBER EARLING FROM THE MAY 2, 2000 MEETING. MOTION
CARRIED, COUNCILMEMBER EARLING ABSTAINED.
With no further business, the Council meeting was adjourned at 8:45 p.m.
ARY 0 AKE SON, MAYOR
r__�
SANDRA S. CHASE, CITY CLERK
Edmonds City Council Approved Minutes
May 16, 2000
Page 12
AGENDA
EDMONDS CITY COUNCIL
Plaza Meeting Room - Library Building
650 Main Street
7:00 -10:00 D.M.
MAY 16, 2000
SPECIAL MEETING
6:45 P.M. — EXECUTIVE SESSION REGARDING A LEGAL MATTER
7:00 P.M. - CALL TO ORDER
FLAG SALUTE
1. APPROVAL OF AGENDA
2.
3.
4.
5.
6.
CONSENT AGENDA ITEMS
(A) ROLL CALL
(B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF MAY 9, 2000
(C) APPROVAL OF CLAIM CHECKS #35959 THROUGH #41045 FOR THE WEEK OF MAY 8, 2000, IN THE
AMOUNT OF $228,205.28
(D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM KAREN CROOKER ($1,000.00),
CLAUDIA SUNDLING ($1,050.00), AND ELIZABETH D. KEANE (Amount Undetermined)
(E) APPROVAL OF LOWELL GARDEN, A FIVE -LOT FORMAL PLAT LOCATED AT 7705 - 238TH STREET
SW (APPLICANT: THOMAS BELT / FILE NO. P -99 -183)
(F) AUTHORIZATION TO CALL FOR BIDS FOR LOCAL IMPROVEMENT DISTRICTS (LID) NO. 215 AND
216
(G) AUTHORIZATION TO RESURFACE SECOND AVENUE NORTH FROM MAIN STREET TO BELL
STREET
(H) AUTHORIZATION TO LEASE POLICE MOTORCYCLE FROM LYNNWOOD CYCLE BARN
(I) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT AMENDMENT WITH ARTIST FOR 5TH AND MAIN
ARTWORK TO EXTEND COMPLETION DATE
(J) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH CASCADE DESIGN COLLABORATIVE
FOR THE ARCHITECTURAL DESIGN BOARD DESIGN GUIDELINES PROJECT
(K) PROCLAMATION IN RECOGNITION OF PUBLIC WORKS WEEK, MAY 21 — 27, 2000
(L) PROPOSED ORDINANCE AMENDING THE PROVISIONS OF ECC 8.48.215, PARKING INFRACTION
PENALTIES, IN ORDER TO PROVIDE FOR AN INCREASE IN. FINES
AUDIENCE COMMENTS (3 Minute Limit Per Person)
(10 Min.) FIRE SAFETY FOUNDATION PRESENTATION
(10 Min.) PRESENTATION OF AWARD OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING
(30 Min.) FINAL PLAT APPROVAL FOR KAIREZ SUBDIVISION (APPLICANT: GEORGE KAIREZ / FILE NO.
P -93 -216; PROPERTY LOCATION: 9117 OLYMPIC VIEW DRIVE)
Page 1 of 2
L
1
CITY COUNCIL MEETING AGENDA
MAY 16, 2000
Page 2 of 2
7. (15 Min.) CONTINUED DELIBERATION REGARDING A PUBLIC HEARING HELD ON MAY 2, 2000, ON THE
PLANNING BOARD RECOMMENDATION TO AMEND THE BN — NEIGHBORHOOD BUSINESS ZONE
(ECDC CHAPTER 16.45.030), THE BC — COMMUNITY BUSINESS ZONE (ECDC CHAPTER 16.50.030),
THE CW — COMMERCIAL WATERFRONT ZONE (ECDC CHAPTER 16.55.030), AND CG — GENERAL
COMMERCIAL ZONE (ECDC CHAPTER 16.60.030) TO PERMIT LIMITED OUTDOOR DINING AS A
PERMITTED USE AND TO OTHERWISE PERMIT MORE EXTENSIVE OUTDOOR DINING THROUGH A
CONDITIONAL USE PERMIT
8. (15 Min.) REPORT ON COMMITTEE MEETINGS
9. (30 Min.) REPORT ON FIRE CONSOLIDATION
10. (20 Min.) DISCUSSION OF GAMBLING REGULATIONS AND REVENUE PERTAINING TO CARD TABLES
11. ( 5 Min.) MAYOR'S REPORT
12. (15 Min.) COUNCIL REPORTS
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 appears on Chambers Cable, Channel 46 Delayed telecast of this meeting
appears the following Wednesday at noon and 7: 00 p.m., as well as, Friday and Monday at noon on Channel 46