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09/18/2000 City Councilf i, EDMONDS CITY COUNCIL APPROVED MINUTES SEPTEMBER 18, 2000 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Gary Haakenson in the Library Plaza Room, 650 Main Street, followed by the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Thomas A. Miller, Council President (arrived 7:11 pm.) Dave Earling, Councilmember Michael Plunkett, Councilmember Jim White, Councilmember Lora Petso, Councilmember Dave Orvis, Councilmember Christopher Davis, Councilmember ALSO PRESENT Kim Boese, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Tom Tomberg, Fire Chief Kevin Taylor, Assistant Fire Chief Al Compaan, Assistant Police Chief Greg Wean, Assistant Police Chief Peggy Hetzler, Administrative Services Director Doug Farmen, Assist. Administrative Serv. Dir. Brent Hunter, Human Resources Director Rob Chave, Planning Manager Arvilla Ohlde, Parks and Recreation Director Steve Koho, Wastewater Treatment Plant Mgr Don Fiene, Assistant City Engineer Loren Angiono, Fire Mechanic Scott Snyder, City Attorney Sandy Chase, City Clerk. Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER WHITE, TO Addition to ADD THE FOLLOWING ITEM TO THE CONSENT AGENDA AS ITEM I: Agenda REPORT ON BIDS OPENED JULY 10, 2000 FOR THE PERRINVILLE AND NORTH PERRINVILLE SANITARY SEWER — LID 215 AND 216, AND AWARD OF CONTRACT TO SHORELINE CONSTRUCTION COMPANY ($2,252,740.84, INCLUDING SALES TAX) MOTION CARRIED UNANIMOUSLY. (Council President Miller was not present for the vote). COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER DAVIS, FOR APPROVAL OF THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. (Council President Miller was not present for the vote.) 2. CONSENT AGENDA ITEMS Councilmember Petso requested Item G be removed from the Consent Agenda. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, FOR APPROVAL OF THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. (Council President Miller was not present for the vote). The agenda items approved are as follows: Edmonds City Council Approved Minutes September 18, 2000 Page 1 (A) ROLL CALL Approve 9/5 (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF SEPTEMBER 5, 2000 Minutes (C) APPROVAL OF CLAIM CHECKS #43346 THROUGH #43433 FOR THE WEEK OF SEPTEMBER 4, 2000, IN THE AMOUNT OF $127,625.32. APPROVAL OF CLAIM Approve CHECKS #41318 THROUGH #43551 FOR THE WEEK OF SEPTEMBER 11, 2000, IN Claim THE AMOUNT OF $391,946.37. APPROVAL OF PAYROLL CHECKS #31116 becks THROUGH #30581 FOR THE PAY PERIOD AUGUST 16 THROUGH AUGUST 31, 2000, IN THE AMOUNT OF $361,492.65. Claim for (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM MARIE ROBERTS Damages ($1,279.86) olice (Ei) APPROVAL OF EXTENDED CONTRACT FOR POLICE SECURITY SERVICES Security BETWEEN THE CITY OF EDMONDS POLICE DEPARTMENT AND STEVENS Services HOSPITAL Towing (F) AUTHORIZATION FOR MAYOR TO SIGN ROUTINE SERVICES CONTRACTS FOR Services TOWING SERVICE Ord #3325 (H) ORDINANCE NO. 3325 AMENDING THE PROVISIONS OF CITY CODE SECTION Citizens 10.80.060 RELATING TO THE DATE THE SALARY RECOMMENDATION IS MADE Comm. on BY THE CITIZENS COMMISSION ON THE SALARIES OF ELECTED OFFICIALS Salaries LID 21-5&] (I) REPORT ON BIDS OPENED JULY 10, 2000 FOR THE PERRINVILLE AND NORTH L16— PERRINVILLE SANITARY SEWER — LID 215 AND 216, AND AWARD OF CONTRACT f TO SHORELINE CONSTRUCTION COMPANY ($2,252,740.84, INCLUDING SALES TAX) Item G• Proposed Ordinance Amending the Provisions of City Code Chapter 3.09 to Broaden the Purposes Cumulative of a Cumulative Reserve Fund for Fire Apparatus and Establishing a New Fund for Fire Donations Reserve Fund for Fire Councilmember Petso explained she pulled this item from the Consent Agenda as she would likely vote Apparatus & against it. She explained the proposal was to combine funds for aid vehicle and fire trucks. Her concern Fund for was due to the language in the voter approved EMS levy that states "to continue to fund the present 24- Doonationatio ns s hour transport aid car and Medic 7 advanced life support programs," which did not indicate the funds would be used for fire trucks as well. She preferred to retain the separate funding for aid cars and fire trucks. Councilmember Orvis said although he approved the language in Council Committee, he also now questioned whether the funds should be combined. Councilmember Orvis referred to Councilmember Petso's reference to "aid car" in the EMS levy language and asked if there was a definition for aid car. Fire Chief Tom Tomberg responded firefighters are cross - trained as EMTs and arrived in a variety of vehicles, whether aid cars or fire engines and provided the same service. He agreed the aid car was the primary transportation vehicle but emphasized fire department personnel were cross - trained and cross - staffed and used the vehicle designated by dispatch. At times, the engine arrived first but that would not inhibit the immediate delivery of services. Edmonds City Council Approved Minutes September 18, 2000 Page 2 City Attorney Scott Snyder observed Councilmember Petso's concern may be that the City needed to track funds collected from the EMS levy and show they were used solely for emergency medical services. He pointed out the fire department was not limited to funding any particular vehicle, only the use of the vehicle in the provision of emergency medical aid services. He asked whether establishing the fund in this manner would inhibit the Fire Department's ability to track the use of EMS funds. Councilmember Petso agreed that was part of her concern, although the primary issue was fairness to voters who approved a levy that clearly states funding for a transport aid vehicle. She said likely it was not common understanding among citizens that, for example, a ladder truck may be used instead of an aid vehicle, therefore, a clear distinction between aid vehicle and fire trucks should be made at least under this levy. She agreed any new levy could indicate the combined operation. Chief Tomberg said EMTs ride the ladder truck, engines, chief's car, etc. and there was equipment in all vehicles to provide emergency medical services. Councilmember Petso said her concern was that language was not included in the EMS levy. Assistant Administrative Services Director Doug Farmen said funds could be accounted for in any manner the Council wished; the proposed change was to the title of the fund, fire apparatus replacement reserve that includes ladder trucks, engines and aid vehicles, which would correspond with the fire and apparatus replacement schedule. Councilmember Plunkett said most voters did not distinguish between an aid car, a paramedic vehicle, etc. They were voting to get basic life support (BLS) and advance life support (ALS) services. He said although the levy may be as Councilmember Petso indicated, the spirit of the levy was BLS and ALS delivery. Therefore, the intent of the levy was met now and would be met under the proposed change. He emphasized what the public wanted was a firefighter there within four minutes and a paramedic within eight minutes and they did not care what vehicle that service arrived in. Councilmember White said his definition of an aid car was a vehicle that brought EMS service. Chief Tomberg said an aid car had more equipment and had transport capabilities. He said until coming to Edmonds he had not heard the term "aid car" only "ambulance." In this area, a "medic" was a paramedic unit and an "aid car" was a BLS unit. To him, an aid car was a vehicle with trained personnel and equipment who provided assistance. He said the proposal was only to make it easier to account for those funds. He said many fire departments designate engines as paramedic units and have the capability to provide transport in the enclosed cab. He said his own apparatus had the capability to transport a patient on a stretcher. Mr. Snyder said this fund received both General Fund monies and EMS levies. It was important the contributions to the fund be in the same proportion they are used for fire and aid services. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER EARLING, FOR ADOPTION OF CONSENT AGENDA ITEM G. MOTION CARRIED, COUNCILMEMBER rd #3326 Cumulative PETSO OPPOSED. (Council President Miller was not present for the vote.) The item approved is as Reserve Fund follows: or Fire Apparatus and for Fire (G) ORDINANCE NO. 3326 AMENDING THE PROVISIONS OF CITY CODE CHAPTER Donations 3.09 TO BROADEN THE PURPOSES OF A CUMULATIVE RESERVE FUND FOR FIRE APPARATUS AND ESTABLISHING A NEW FUND FOR FIRE DONATIONS Outstanding 3. PRESENTATION OF THE OUTSTANDING WASTEWATER TREATMENT PLANT AWARD ratment FROM THE DEPARTMENT OF ECOLOGY Mayor Haakenson recognized representatives from other agencies participating in the Wastewater Treatment Plant including Mountlake Terrace, Shoreline Wastewater Management District and Olympic Edmonds City Council Approved Minutes September 18, 2000 Page 3 Wastewater Treatment Plant Operator of e Year Award Registration f Illegal Accessory Dwelling Units View Water and Sewer District. Mayor Haakenson explained the Department of Ecology was recognizing approximately 36 domestic Wastewater Treatment Plants in the State of Washington for being in 100% compliance with their discharge permits during 1999. He said the Edmonds Wastewater Treatment Plant has won this award for the past three years and was one of only ten plants of the 300 in the state to accomplish this. John Glenn, Waster Quality Manager, Department of Ecology, presented the Outstanding Wastewater Treatment Plant Award to the Edmonds Wastewater Treatment Plant. To receive this award, the Treatment Plant must meet the effluent limits in the wastewater permit every day without exception, an extraordinary accomplishment. He recognized the support provided to the Treatment Plant staff from the Council, Public Works Department, and associated jurisdictions. He recognized Wastewater Treatment Plant Manager Stephen Koho and his staff who operate the Treatment Plant flawlessly every day of the year. Mr. Koho pointed out the award was the result of a team effort and thanked the laboratory, operations and maintenance crews for their efforts. He thanked Mayor Haakenson, the City Council, and other agencies for their support. 4. PRESENTATION OF WASTEWATER TREATMENT PLANT OPERATOR OF THE YEAR AWARD FOR THE NORTHWEST OPERATORS SECTION TO DANIEL GARCIA Wastewater Treatment Plant Manager Stephen Koho explained the Northwest Operators Section represents all plants and employees in Snohomish, Skagit and Island Counties and selects one person each year as Operator of the Year to recognize their contributions. Daniel Garcia was selected as the Operator of the Year for 1999 in recognition of his part in pinpointing process control problems and providing operating procedures that guaranteed compliance. In addition to Mr. Garcia's specific contributions in identifying the process problems, he also created and maintains the Treatment Plant and Operating Section websites. The Council individually congratulated Mr. Koho and Mr. Garcia. 5. PUBLIC HEARING ON PROPOSED ORDINANCE AMENDING THE PROVISIONS OF EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 17.40 025 NONCONFORMING ACCESSORY DWELLING UNITS, PARAGRAPH C. REGISTRATION OF ILLEGAL DWELLING UNITS. TO CLARIFY THAT THE ILLEGAL ACCESSORY DWELLING UNITS ABATED WITHIN FOUR YEARS OF THE DATE OF PASSAGE OF ORDINANCE NO 3300 MAY REGISTER AS ILLEGAL ACCESSORY DWELLING UNITS AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE City Attorney Scott Snyder explained after the passage of the "amnesty" ordinance regarding accessory dwelling units (ADUs), uses that were illegal and had not been the subject of complaint and abated by the City as well as legal non - conforming uses could register; however ADUs that had been the subject of complaint and abatement by the City were not legally in existence when the ordinance was passed and could not register. He said approximately 12 ADUs had been the subject of complaint and abatement by staff. The issue for clarification was whether the Council wished to extend the four -year amnesty period to ADUs that were in use previously but been vacated /abated by the City. Edmonds City Council Approved Minutes September 18, 2000 Page 4 1 Mayor Haakenson opened the public participation portion of the public hearing. There were no members of the audience present who wished to address the Council regarding this matter, Mayor Haakenson closed the public participation portion. Council President Miller commented this was a technical oversight by the Council and in the spirit of the previously adopted ordinance, the Council's intent was to include ADUs that were in use previously but had been vacated /abated by the City. COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER WHITE, TO ADOPT ORDINANCE NO. 3327. Councilmember White observed citizens who had eliminated their ADU were penalized while those with undiscovered ADUs were grandfathered in. MOTION CARRIED UNANIMOUSLY. The ordinance adopted reads as follows: Ord #3327 ORDINANCE NO. 3327 OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE Registration PROVISIONS OF EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 17.40.025 oflegal Acees ory NONCONFORMING ACCESSORY DWELLING UNITS, PARAGRAPH C REGISTRATION OF Dwelling ILLEGAL DWELLING UNITS TO CLARIFY THAT THE ILLEGAL ACCESSORY DWELLING Units UNITS ABATED WITHIN FOUR YEARS OF THE DATE OF PASSAGE OF ORDINANCE NO. 3300 MAY REGISTER AS ILLEGAL ACCESSORY DWELLING UNITS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. V v� 6. AUDIENCE COMMENTS Al Rutledge, 7101 Lake Ballinger Way, Edmonds, referred to Agenda Item 7 and expressed concern Petition Related to with the City spending money for an election. He said citizens did not want to generate funds via card Card Rooms rooms and they felt there were other ways to generate revenue. He pointed out Marysville receives funds from a casino and has the ability to request funds. If card rooms were allowed, he recommended the City establish a committee to distribute funds from the card rooms and allow the City to request funds. Initiative Bob Tull, Langabeer Tull & Lee, 709 Dupont Street, Bellingham, an attorney representing Al Petition Related to Dykes, p y referred to a letter he submitted to the Council. He explained he was a land use attorney in Card Rooms Whatcom, Skagit and Island Counties for the past 25 years as well as served on the Washington State Gambling Commission for 11 years. He said after completing his service on the Commission, the Legislature determined enhancement of card rooms operations was appropriate. He indicated he also had an opportunity to work with a number of licensees throughout the State as well as on behalf of the industry. He asked if the Certificate of Sufficiency regarding the petition had been delivered. City Clerk Sandy Chase answered yes it had. Councilmembers approved Mr. Tull's request to use Mr. Dykes' three minutes for audience comment. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO SUSPEND THE RULES TO ALLOW MR. DYKES' THREE MINUTES SPEAKING TIME BE GIVEN TO AIR. TULL. MOTION CARRIED, COUNCILMEMBER PETSO OPPOSED. Mr. Tull referred to his letter, which indicated the ordinance exceeded the City's ability to regulate gambling; the State Statute was clear that local jurisdictions are not able to dictate the number of games or number of tables. He agreed a local jurisdiction could dictate the appearance of the outside of the Edmonds City Council Approved Minutes September 18, 2000 Page 5 building and where such establishments were located because they were food and beverage establishments that the City regularly zones. In this instance, there was an existing food and beverage establishment, Marty's, that had a card room license that was seeking Gambling Commission approval to change some operational opportunities. Further, the existing establishment had a valid building permit. He said the ordinance was flawed because it overlooked the State's preemption and was ran afoul of constitutionally vested rights because the building permit vested the holder to the land use regulations that were in effect the day the building permit was issued. He emphasized the Council could determine there were sufficient flaws in the ordinance that it should not be adopted or placed on the ballot. If citizens disagreed with the Council's determination, it could proceed to Superior Court. Initiative Jim Underhill, 7410 215" Street SW, Edmonds, submitted written comments. As a member of the Petition Edmonds community and the study group that examined a number of issues related to card rooms, he Related to Card Rooms emphasized he was in favor of elected officials who make decisions that do not exacerbate addictive behaviors, in favor of local entertainment that was consistent with the values of its community, and for tax revenues that do not tear at the social fabric of families, schools, businesses and churches. He referred to several studies including the congressionally charted National Gambling Impact Study Commission that stated there were millions of Americans at any one time who were at risk or addicted to gambling; the Washington State Council on Problem Gambling that found an estimated 270,000 Washingtonians at any one time are problem gamblers and those who play pulltabs and those who gamble in casinos or card rooms were 2 -3.5 times more likely to have gambling problems than those who gambled elsewhere; and a repeated finding in several studies that there were problems with card rooms and other types of gambling in their immediate location as well as problems of the at -risk and addicts that occur away from the gambling sites and become the problems for families, employers, social service agencies, crisis intervention counselors and churches. As a result of this and other information, Mr. Underhill concluded card rooms were not a neutral form of entertainment and that allowing card rooms was not a sound public financing decision. He urged the Council to permanently ban the expansion of card rooms in Edmonds. Initiative Lois Passey, 825 Bell Street, Edmonds, said she gathered signatures on the petitions. She said those Petition signing the petition could see in the newspaper what was occurring "somewhat behind our backs." She Related to Card Rooms expressed concern with increased traffic and population as a result of card rooms as well as the impact on restaurants and said card rooms would corrupt the City. By accepting funds from gambling, she said the City was lowering its standards. She said there were other ways to generate revenue without gambling money. She said gambling in the City would encourage gambling addicts. Councilmember White questioned why there was the uniform belief that something was going on behind citizens' backs. Ms. Passey said it was because the issue arose so suddenly and there were letters in the paper about it. She said if anyone signing the petition asked her questions, she showed them the newspaper. Councilmember White expressed concern with the viewpoint that the Council was moving forward on an initiative to promote gambling in downtown. Ms. Passey said that viewpoint was as a result of information in The Edmonds Paper, the Enterprise and the Tribune. Initiative Mary Jo Bevin, 19210 94th Avenue W, Edmonds, referred to the letter she submitted to the Council, Petition commenting hen she moved here in 1957 it was a small good community with clean morals and good Related to g > g Ty g Card Rooms schools. She said now there was a gentlemen who moved into the community and wanted to turn into a community like Lincoln City, Oregon, a gambling casino on the waterfront. She said card rooms would be a "foot in the door." Edmonds City Council Approved Minutes September 18, 2000 Page 6 Elaine Yard, 9209 Olympic View Drive, Edmonds, encouraged the City to research an investigation tiative done by Attorney General Albert Rosellini regarding alcohol, prostitution and gambling. tition lated to rd Rooms 7. PRESENTATION OF AN INITIATIVE PETITION RECEIVED SEPTEMBER 11 2000 RELATING TO CARD ROOMS Mayor Haakenson explained on September 11, 2000, the City Clerk's Office received an initiative petition that read in part, "Shall card games that constitute gambling and are authorized under RCW 9.46.070 be prohibited within the city limits of Edmonds ?" He said the initiative petition required 3,632 signatures to be certified; the initiative petition passed certification with 3,668 signatures. (A) REPORT FROM CARD ROOM TASK FORCE Councilmember Davis, Chair of the Card Room Task Force, explained on July 25, 2000; the Council passed Ordinance No. 3319: An Ordinance Amending the Provisions of Chapter 3.24, Taxing and Regulation of Gambling, to Enact a New Section 3.24.015, Prohibiting House Banked Card Rooms as Commercial Stimulants, and Setting a Sunset Date of Six Months in Order to Provide for an Effective Period of Study." At the same time, it was proposed that a committee be established to study three aspects of card room gambling, 1) law enforcement concerns, 2) taxes and revenue, and 3) impacts on neighborhoods. The committee was comprised of Mayor Haakenson, Councilmembers Orvis, Earling and Davis, Jim Underhill, Warren Schweppe, Administrative Services Director Peggy Hetzler and Assistant Police Chief Al Compaan. The committee met three times due to their awareness that a petition would soon be presented to the Council and their desire to research the issue and provide assistance to the Council. During those three meetings, it was apparent there was a considerable amount of information available regarding gambling but most studies did not narrow the scope to card rooms. He said the committee members were a diverse group with strong opinions on both sides. He stressed no one on the committee was there to promote gambling but to fairly consider all aspects of the issue. He thanked the members of the committee, particularly the citizen members. In summary, Councilmember Davis expressed disappointment the committee was not able to develop a more clear answer for the Council. He said there were many reports that indicated gambling was good for a community and many reports that indicated gambling was not good for a community. He referred to his summary in his report regarding the impacts of gambling on the community, "I believe the impacts on the community were a combination of perception and reality. It was frustrating not to find a common thread among the information to give a black or white answer to the issue. This is a topic that will probably weigh the heaviest for the Council — does the vision of our community have card tables in it? I look forward to the debate." Regarding finances, Councilmember Davis said there was the potential for large sums of money from gambling taxes. He said Tukwila, who taxes at 20% (the same as Edmonds), generates $2.9 million _per year. He said that amount, in a crisis time, was not something the Council should easily pass by, particularly with the potential of raising property taxes or not financing the fire or police department. He said the City also did not want to rely on revenue from gambling, potentially 5 -10% of the City's revenue, due to the potential of giving 1 -2 businesses control over revenue sources. Edmonds City Council Approved Minutes September 18, 2000 Page 7 Councilmember Petso asked if any information was developed regarding neighborhood impacts, whether residents in Shoreline who live behind card rooms were contacted or any studies researched. Councilmember Davis said there were hundreds of studies but, because of the timeframe, the task force was not able to review them. He said there were potential impacts, if not direct, then impacts- that affected families on a personal level. Councilmember Plunkett commended Councilmember Davis for the fine job he did chairing the task force and gathering this information in as neutral a manner as possible. (B) CONSIDERATION OF AN ORDINANCE ADOPTING THE INITIATIVE, OR IN THE ALTERNATIVE, AN ORDINANCE CALLING FOR AN ELECTION City Attorney Scott Snyder said when an initiative petition was certified, the Council was obligated to consider the ordinance and pass it within 20 days of the day of certification or immediately place the issue on the ballot for either special election or general election (if one is to be held within a sufficient time period). He said if the Council chose not to pass the ordinance, the upcoming general election would be the most economic opportunity to place the initiative on the ballot. Mr. Snyder explained he had previously provided opinions to the Council regarding the form of the initiative. He offered to provide additional information regarding possible litigation, etc. in Executive Session. He said Section 1 of the initiative (prohibiting card games as commercial stimulants within the City) exercised a power that by State Statute vests the City, in its corporate capacity, and was a valid subject for initiative. Section 2, regarding the vested rights doctrine and its application to ongoing businesses, was preempted and State Statute prohibits a City from imposing additional conditions on a license. It also mixed land use concepts with regulator concepts in an inappropriate manner. Sections 3 and 4 provide licensing and tax authority for nonconforming use rights. He said Sections 2 -4 were likely to be struck down by a court. Section 5 was a severability clause contained in the initiative and in the ordinance. He summarized a court would be likely to uphold the main purpose of the ordinance and strike down "the bells and whistles which are attached to it." Mr. Snyder recalled the Council made a decision to place the initiative regarding transport fees on the ballot and initiate a declaratory judgment action to determine its legality. In that instance, the initiative was ultimately removed from the ballot. However, once the Council exercised its authority, the initiative would be placed on the ballot and only the court had the authority to remove it. In addition to the Council's obligation to either pass the ordinance or place it on the ballot, if the Council passed the ordinance, only the public could amend the ordinance once it was enacted. Mayor Haakenson asked whether there was any issue with Councilmember Orvis' participation under the Appearance of Fairness Doctrine. Mr. Snyder answered this was a legislative matter; the Appearance of Fairness Doctrine applied to land use litigation. Councilmember Orvis was free to participate just as Councilmembers were free to express their opinions regarding legislative matters and consider evidence received outside the records as well as during public hearings. Councilmember White asked whether the City would be responsible for the City's attorney fees as well as the challenging party's attorney fees if the ordinance was enacted and successfully challenged. Mr. Snyder said the challenging party would be entitled to statutory attorney fees and costs. Councilmember White asked how much the City paid to have a declaratory judgment issued regarding the transport fee initiative. Mr. Snyder recalled it was approximately $15,000; the issue was resolved at Superior Court and not appealed. Edmonds City Council Approved Minutes September 18, 2000 Page 8 Councilmember Plunkett referred to Mr. Tull's indication that the ordinance was fatally flawed and asked Mr. Snyder if his opinion was that although there may be areas of concern, the essence of the ordinance would stand. Mr. Snyder agreed. He referred to Mr. Tull's reference in his letter to nonconforming use rights regarding Marty's Card Room and said a city was permitted to regulate nonconforming uses. If a city was authorized to prohibit certain activities, the business license for that activity could be revoked. Even though the individual may have the right to a nonconforming use, it could not withstand the exercise of the City's regulatory police power. Councilmember Plunkett said Mr. Tull indicated the City had several weeks to address this. Mr. Snyder explained the Council had 20 days after certification to make a determination whether to enact the ordinance. If the Council chose not to enact the ordinance, it must immediately place it on the ballot. If the Council did not make a decision tonight, the deadline for the general election would pass and the City would be required to hold a special election, increasing the cost from approximately $12,000 for a general election to $60,000 for a special election. Councilmember Petso requested clarification regarding amending the ordinance. Mr. Snyder said if the ordinance was adopted or the ballot measure approved, only the voters could amend the ordinance. Executive COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER WHITE, TO ` Session ADJOURN TO EXECUTIVE SESSION FOR APPROXIMATELY 10 MINUTES REGARDING POTENTIAL LITIGATION. MOTION CARRIED, COUNCILMEMBER ORVIS OPPOSED. The Council adjourned to Executive Session at 8:01 p.m. and reconvened at 8:14 p.m. Councilmember Orvis referred to Mr. Tull's comments, pointing out the text in the ordinance was taken from other cities' ordinances that had been enacted and not challenged. He urged the Council to consider the motives behind Mr. Tull's study. — Mr. Dykes wants to keep his casino. He urged the Council to think about the public because an initiative process was a public process. After gathering signatures, he felt the majority of Edmonds citizens wanted a ban on card rooms in part because of their concern about crime, social impacts, the impact on restaurants and businesses, and the moral issue of the City partnering with an industry that makes its profit by basically hurting people. He said these were the reasons he sponsored and circulated the petition and the-reason many citizens gathered signatures. He said he would be satisfied regardless of whether the Council passed the initiative ordinance or placed it on the ballot. Mayor Haakenson recalled the ordinance passed by the Council banning card rooms for six months included a provision to hold a public hearing. Councilmember Davis said whether there would be a public hearing likely would be based on the Council's decision. Councilmember Petso asked the consequences of passing an ordinance that stated a public hearing would be held and then the Council not holding a public hearing. Mr. Snyder said as this was not a public hearing required by any provision of State Statute and did not affect the validity of any measure, the Council could not be compelled to hold it and there was no legal remedy. Councilmember Petso asked whether the ordinance could be rescinded if a public hearing was held that indicated passing the ordinance had been a mistake. Mr. Snyder answered another petition would have to be circulated. He said passing an initiative took the matter out of the legislative hands of the City Council. Edmonds City Council Approved Minutes September 18, 2000 Page 9 Ord #3328 COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER EARLING, TO Prohibiting APPROVE ORDINANCE NO. 3328, AN ORDINANCE OF THE CITY OF EDMONDS, Social Card WASHINGTON, ENACTED PURSUANT TO RCW 35.17.260 AMENDING THE PROVISIONS OF Games THE EDMONDS CITY CODE CHAPTER 3.24 BY THE ENACTMENT OF NEW SECTIONS 3.24.015, PROHIBITING SOCIAL CARD GAMES AS COMMERCIAL STIMULANTS, AND 3.24.016 PROVIDING FOR LEGAL NONCONFORMING USES, AMENDING SECTION 3.24.200 VIOLATIONS AND PENALTIES IN ORDER TO PROHIBIT THE CONDUCT OR OPERATIONS OF SOCIAL CARD GAMES AS COMMERCIAL STIMULANTS, AMENDING SECTION 3.24.020(D) TO SET THE MAXIMUM TAX RATE FOR SUCH NONCONFORMING USES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. Councilmember Earling said participating on the taskforce was helpful but the studies they considered were enormously inconclusive because none of them centered on card rooms but rather the larger gambling question associated with casinos. He said most people he spoke with started the conversation by indicating there should not be gambling in the City, but when questioned about what the issue was, it was clear there was a great deal of misconception regarding the issue before the Council. He recalled the Police Chief's survey of communities in the Puget Sound basin that indicated there was little peripheral crime from card rooms. He said although the initiative was well intended, it was not a good initiative because it tested the wrong thing. He said after speaking with approximately 200 people, the indication was that the citizens of Edmonds did not want gambling. He was disappointed with the process but said the conclusion was correct. He said it would be foolish for the Council to spend $12,666 to determine the same outcome. Councilmember White said he would likely abstain from the vote because he was so overwhelmingly dissatisfied with the process that had occurred. He recalled some time ago, without any explanation or discussion, a motion was made to prohibit gambling but was not passed by the Council. He said gambling has existed in the City since the 70's in the form of pulltabs, bingo and $2 card tables if some chose to operate them. He said the issue of gambling was never brought to the Council to consider and the issue had not yet been considered. The committee formed by the Council to hold a public hearing, consider statistics, etc. had not been able to do so due to the time frame created by the initiative. He said that process preempted and eliminated the legislative process. He said the campaign to promote the initiative included a great deal of misinformation. By supporting the product of the initiative, he would further that misinformation. Councilmember White recalled a statement made by the public that the Council was moving forward on promoting gambling in downtown, essentially another conspiracy of government behind citizens' backs. He said some may believe initiatives are necessary to thwart conspiracy of government and get around Councilmembers but that was far from the truth. He said although he did not believe gambling was inherently evil, he was personally convinced gambling was inappropriate for the Edmonds community and carried many of the problems Mr. Underhill described. However, he preferred there had been an open, public legislative process to prohibit it. He compared gambling to alcohol, a legal, addictive, hind- altering drug that kills more people than anything else, yet millions of tax dollars are derived from it, it is promoted on television, at sporting events and on T- shirts. He questions where was the initiative against alcohol? He said there needed to be a balance attained between legislating morality and the freedom of choice. He preferred the Council would have had an opportunity to discuss these issues and hold a public hearing and felt it unfortunate the Council was forced to make a rash, uninformed decision, and that the citizens' tax dollars would likely be used to defend this action in court. Councilmember Petso said she also spoke with numerous people regarding this issue; approximately half did not want card rooms to be allowed in Edmonds, approximately one fourth did want card rooms due to Edmonds City Council Approved Minutes September 18, 2000 Page 10 the revenue they could provide that would take some of the burden off property taxes. The other 25% of people she spoke with did not care. Slid did not feel a need to abstain from the vote as she had always favored public participation in the process and 3,700 people chose to participate in this issue. She said this represented good public participation and likely more than would have participated in a public hearing. She said she would likely vote in the manner 50% indicated, that they did not want card rooms. Councilmember Orvis commented there had been plenty of public participation in the process. He clarified his original motion had been to initiate a public hearing and a decision was made to discuss the issue at the committee level instead. The issue was considered by two committees and the Council passed a temporary ordinance prohibiting card rooms to allow time to research the issue. He stressed there were impacts as a result of gambling; impacts on crime, social impacts, and impacts on downtown. He said gambling was not the way the City should be generating revenue and that was why he circulated the petition. He thanked the public for their participation in the process. Council President Miller believed in the right of citizens to petition government and would support the motion. He said many of those involved in the petition process decried gambling as a source of revenue but wanted improvements made to the police and fire departments and also did not want property taxes increased. He said approximately half the people he spoke with found the idea of gambling offensive. He said there likely was some miscommunication in the way the petition was worded, .card rooms versus gambling. He said many of those he spoke with referred to card rooms as an issue of morality and promoting immoral behavior. He commented one could likely make a case and circulate petitions to stop taverns, a much more serious concern, he believed, than card rooms. He expressed concerns with the petition and the way it was handled, particularly because the petition preempted the legislative process and did not allow the taskforce an opportunity to provide sufficient information to the Council. He said taxpayer funds would likely be used to defend this issue in court. Councilmember Davis said as Chair of the taskforce, he attempted to remain neutral regarding this issue. He was not present at the Council meeting when the original motion was made. He believed the Council lost an opportunity to make a legislative decision. He recalled the Council passed a temporary ban on card rooms so that there could be an open discussion. He said the petition was one -sided and as a result, the Council was placed in a position of making a quick decision and one that citizens would pay for financially via legal action. Although he believed in the petition process if a legislative body did not make decisions but in this instance, the Council had not been given that opportunity. He said he would support the motion to save the City $12,000 and allow the Council to move on. Councilmember White recalled when the motion made by Councilmember Orvis to discuss this issue at a public hearing, a decision was made to discuss it at committee. However, before it was ever discussed at committee, the initiative was being circulated. When the Community Services/Development Services Committee met, a decision was made to hold a public hearing. He questioned why, no public hearing had been held. MOTION CARRIED, COUNCILMEMBER WHITE ABSTAINED. Mayor Haakenson declared a brief recess. Medical Aid 8. UPDATE MEDICAL AID VEHICLE REPLACEMENT PLAN: AUTHORIZATION TO vehicle PURCHASE ONE REPLACEMENT AID VEHICLE: AND AUTHORIZATION TO RE- CHASSIS placement n ONE AID VEHICLE Assistant Fire Chief Kevin Taylor explained this item was a request to update the medical aid vehicle replacement plan, authorize the purchase of one replacement aid vehicle, and authorize re- chassis of one Edmonds City Council Approved Minutes September 18, 2000 Page 11 aid vehicle. He explained prior to 1996, there had been no fleet replacement plan in place in the fire department and no fire mechanic because the City out - sourced maintenance. He said in 1996 a plan with a fairly long vehicle life was put in place, lives that were not comparable with any other fleet management systems in other fire services. These lives have been adjusted during that time, such as reducing the life of an engine from 30 to 15 years. He explained emergency medical vehicles were currently assigned a 10 -year life; however, in the eighth year, staff has found maintenance costs double. He said there have been two incidents in the past few weeks when an aid unit did not start for an emergency response, adding to response time. This occurred primarily because the units are worn out. He pointed out the vehicles experience severe driving conditions and are experiencing increased mileage due to more patients being transported to Seattle as a result of a downgrade from Steven's Hospital regarding the patients they will accept. Assistant Chief Taylor displayed a comparison of the current 10 -year life cycle and the proposed 8 -year life cycle. He explained the result of the 10 -year life cycle was increased maintenance and downtime. He said the 10 -year life cycle also funds replacement at full replacement value rather than re- chassis. The proposal was to reduce the life cycle to 8 years on the 450 chassis. The proposal also includes a re- chassis on every other cycle, increasing the life cycle of the "box" to 16 years. He said there were significant savings in re- chassis. He said Seattle was beginning their third cycle of re- chassis and believed they may be able to get four cycles from some units. He explained estimates for a re- chassis were approximately $65,000 478,000; a new aid vehicle costs approximately $105,000, representing a significant savings. Assistant Chief Taylor displayed a 450 chassis that provides the handling and maneuverability of the current aid vehicles. He said Assistant Administrative Services Director Doug Farmen's conservation financial analysis indicates if the City pays $80,000 for a re- chassis, there would be an $80,000 savings in General Fund transfers by 2005 and $183,000 in savings through 2014. He said maintenance costs would also be reduced by lowering the vehicle life from 10 years to 8 years. He said the proposal would save the City a considerable amount of money as well as address the need to adjust the extended life span on emergency medical vehicles. He commented the projected call load for 2001 was 4,100 calls. Assistant Chief .Taylor summarized the action requested by Council was to update the medical aid vehicle replacement plan, authorize purchase of one replacement aid vehicle that would be purchased now via an interlocal agreement. He explained the City paid a premium to purchase one aid vehicle at a time and by participating in a cooperative purchase agreement with another agency, the City could purchase an aid vehicle for a lower price, typically $102,000 — $105,000, an estimated savings of approximately $5,000 each, compared with the City going to bid by itself. He said the vendor would still allow each City to customize their vehicle. He said once that aid unit was placed in service, the oldest unit would be sent for re- chassis. He said the plan also reflects another purchase in late 2001 or 2002 but that would be a separate authorization process. Councilmember Petso complimented staff on the comprehensive presentation. She questioned why this was being presented to the Council now rather than as part of the budget process. Assistant Chief Taylor said the annual budget addressed the operating budget; the fleet replacement plan, Fund 005, was a fixed, cyclical replacement plan. He said Fund 005 did not affect the Fire Department or Fleet Maintenance budget. Councilmember Davis asked how the 10 -year life cycle was originally developed. Assistant Chief Taylor said at that time, there was no maintenance history and the call load was only 60% of today's call Edmonds City Council Approved Minutes September 18, 2000 Page 12 load. He said the 8 -year life cycle was selected as a result of Fire Mechanic Loren Angiono's research of larger fire districts whose life cycles average 5 -6 years with a 450 chassis. Councilmember Davis said many departments' replacement plans refer to mileage and inquired about the mileage of Edmonds' aid vehicles. Assistant Chief Taylor answered the mileage was approximately 60,000. He said the units experience a great deal of flexing, are run a great deal and have an extremely heavy electrical load. Councilmember Davis referred to Assistant Chief Taylor's indication that monthly maintenance was increasing but pointed out the maintenance for Unit 470 actually experienced a decrease in 1999. Mr. Angiono said 1999 happened to be a good year for that vehicle; a large replacement cost could occur the next year. Councilmember Davis asked how the monthly maintenance cost was determined. Mr. Angiono said the monthly replacement cost was determined by dividing the yearly maintenance costs by 12. Assistant Chief Taylor pointed out that although only 58 hours of shop time may be indicated, a 2 -hour repair may place the aid unit out of service for 24- hours, requiring use of the City's reserve vehicle (which has 88,000 miles). He stressed the aid vehicles needed to be operating in topnotch condition. Councilmember Orvis observed there appeared to be a safety problem with the current vehicles. The department developed an innovative method to increase the frequency of the replacement of vehicles via re- chassis. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER EARLING, TO APPROVE THE UPDATED "005 FUND AND AID VEHICLE FLEET REPLACEMENT FUND" AS ATTACHED, TO AUTHORIZE STAFF TO PURCHASE ONE MEDICAL AID VEHICLE NOW FOR DELIVERY IN EARLY 2001, UTILIZING APPROPRIATE LARGER AGENCY PRICING VIA INTERGOVERNMENTAL AGREEMENT, AND AUTHORIZE STAFF TO PROCEED WITH RE- CHASSIS OF ONE VEHICLE. Councilmember Petso commented this item distinguished between aid cars and engines. Although she approved of the proposed plan, she said it was inconsistent with Consent Agenda Item G. MOTION CARRIED UNANIMOUSLY. Mayor Haakenson commended Assistant Chief Taylor, Assistant Administrative Services Director Doug Farmen and Fire Mechanic Loren Angiono for identifying a creative way of saving the City money. Capital 9. DISCUSSION AND POTENTIAL ACTION RELATED TO CAPITAL IMPROVEMENTS FOR Improve- THE ANDERSON CENTER meats for the Anderson Center Council President Miller said he placed this item on the agenda as a result of discussion by the Long Range Financial Taskforce regarding capital improvements at the Francis Anderson Center and other parks and recreation facilities. He said the taskforce has discussed two possible funding sources, Fund 125 and 126, generated via Real Estate Excise Taxes (REST). Based on conversations at the taskforce and historical use of the funds, the taskforce decided to seek direction from the Council regarding whether to use REET funds on these or other capital improvements in the City. Edmonds City Council Approved Minutes September 18, 2000 Page 13 Councilmember Earling, Chair of the Long Range Financial Taskforce, said the taskforce considered a number of issues including the potential of using Fund 125 and 126 for capital projects, rehabilitation and improvements. As the minutes of the last taskforce meeting indicate, Councilmember White and he favored the long -term policy of the Council to use those funds for improvements to the park system or acquisition of park land. Councilmember White and he agreed some capital improvements were necessary but did not feel they should be financed via these funds. He pointed out the importance of parks to the quality of life, recalling major property purchases had been possible using these funds. Councilmember Earling said Councilmember Orvis had a contrary view. Councilmember Earling said this was a policy decision that could influence the budget. Parks and Recreation Director Arvilla Ohlde said the Council has had a philosophy and established a precedent that park capital expenditures would be funded by REET funds. She said over the years, the Comprehensive Plan, a plan created via public process, created the list of projects. She said her goal has been to multiply /match REET funds with grant funds which has generated a total of over $1 million. She said without matching funds, the City could not receive the grants. She said there has been over $700,000 in partnerships with the school district that have multiplied City dollars. Over $500,000 has been realized via partnerships with agencies such as the Port and other cities. Councilmember Petso asked if there were any restrictions on the use of the Fund 125 or 126 funds. Ms. Ohlde explained Fund 126, the first '/4% REET, could be used for acquisition and development. The second '/4% REET funds were placed in Fund 125, the park capital fund and dedicated to park improvements and development. Councilmember Orvis inquired about the current balance in Fund 125. Administrative Services Director Peggy Hetzler said the packet included an analysis of Fund 125 and 126. The ending cash balance of Fund 125, the second 1/4% of REET funds, was estimated to be $1,575,000. The ending cash balance of Fund 126, the first '/4% of REET funds, was estimated to be $765,000. Councilmember Orvis observed projections were that an additional $693,000 would be collected in 2001. Ms. Hetzler agreed. For Councilmember Orvis, _Ms. Hetzler referred to the calculations for debt service for a bond issue to address the building needs and street projects. She explained the debt service for $3.2 million would be $285,000; the annual debt service for $1 million in projects would be 1/3 of that amount. Councilmember Plunkett said one option outlined by staff was $3.3 million in Councilmanic bonds for street projects and building improvements that would require annual debt service of $285,000 from the General Fund. Ms. Hetzler said the General Fund had not been specifically designated as the source but $285,000 would be required from some source. Councilmember Plunkett observed one option would be the General Fund. He observed the information staff provided indicated the $285,000 could also be derived via a combination of Fund 125 and 126. He said the analysis provided by staff indicated approximately 20% of Funds 125 and 126 would be required over 20 years. Councilmember Plunkett said he was interested in learning how using 20% of the proceeds of Funds 125 and 126 would impact the Parks and Recreation Department. Ms. Ohlde said the first 11/4% REET that can be utilized for acquisition and development, and are therefore available for acquisition of any waterfront property that becomes available. She said the budget each year includes a list of projects; a reduction in funds would, require eliminating some items on the list. She explained the list provided in the budget was only items that could be funded that year; many other items are not included on the list due to limited funding. Edmonds City Council Approved Minutes September 18, 2000 Page 14 Councilmember White asked Ms. Ohlde to provide an example of how the local funds were used to match grant funds. Ms. Ohlde explained the Comprehensive Plan indicated the City .would consider partnerships with the school district to address the lack of ballfields rather than acquiring /constructing new ballfields. Over the past five years, she had been able to multiply the City's dollars via partnerships at Edmonds Elementary, Sherwood Elementary, the old Edmonds - Woodway High School, Woodway Elementary and Madrona. Via these partnerships and an investment of approximately $35,000, Edmonds was able to gain $170,000 in value and provide youth play on five additional fields. Another example was the City's partnership with Lynnwood for a community park in the Perrinville area. A further example was the $1.5 million matched with grant funds for development on the waterfront. Councilmember White asked Ms. Ohlde to describe the City's ability to match other government funds with City funds. Ms. Ohlde said if Conservation Reinvestment Act funds come to Washington, $45 million annually would be available in park capital funds for matching grants. If the City had no local dollars, the ability to match grants would be eliminated and the City would not be eligible to receive any federal funds. Councilmember White observed reducing the balance in either the 125 or 126 Fund reduced the City's ability to acquire matching funds. Ms. Ohlde agreed. Councilmember Davis asked if the matching funds could only be used for capital improvements and acquisition. Ms. Ohlde answered yes. Councilmember Davis asked how the Parks and Recreation Department addressed increasing maintenance needs at city parks. Ms. Ohlde answered she had always attempted to ensure whatever was constructed could be maintained at the existing level of service. Councilmember Earling said the Council's philosophical position resulted in a marvelous park system. He recognized Ms. Ohlde's creativity in funding expensive, diverse projects that touch all aspects of citizens' lives. He said taking away the ability to leverage those funds would be counterproductive to what citizens have indicated they want. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER WHITE, NOT TO USE FUND 125 OR 126 FOR ANDERSON CENTER CAPITAL IMPROVEMENTS. Councilmember Petso said she planned to discuss this issue in more depth with Ms. Ohlde tomorrow during budget review and would prefer to have that opportunity. She agreed there was a contradiction with using these funds for street overlay but was unsure there was an inconsistency between rewiring the Anderson Center and using the funds for parks because the Anderson Center was a park facility. Councilmember Petso said she would also like to have the opportunity to discuss the potential for multiplying City funds for wiring the Anderson Center. Councilmember Orvis agreed with Councilmember Petso that these funds should not be used for street overlay. However, he viewed the Anderson Center as a parks project and therefore eligible for these funds. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO AMEND THE MOTION TO DESIGNATE THE ANDERSON CENTER REWIRING AND IMPROVEMENT AS A PARKS PROJECT. UPON ROLL CALL, THE AMENDMENT FAILED (3 -4), COUNCILMEMBERS ORVIS, PETSO, AND PLUNKETT IN FAVOR, AND COUNCIL PRESIDENT MILLER, AND COUNCILMEMBERS EARLING, WHITE, AND DAVIS OPPOSED. Edmonds City Council Approved Minutes September 18, 2000 Page 15 COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO TABLE THIS ITEM. UPON ROLL CALL, THE MOTION CARRIED (4 -3), COUNCILMEMBERS PETSO, DAVIS, ORVIS, AND PLUNKETT IN FAVOR, AND COUNCIL PRESIDENT MILLER AND COUNCILMEMBERS WHITE AND EARLING OPPOSED. 10. REPORT ON COMMITTEE MEETINGS Community Community Services/Development Services Committee Services/ Councilmember Petso said a presentation was provided by the Department of Transportation regarding Development Services improvements to ferry traffic. Improvements included improved signage, cameras and message boards Conunittee to inform riders of the status of the ferry lines. The most significant improvement the Department of Transportation recommended was to close Pine Street at the west end and not allow traffic to enter SR 104. The committee directed staff to proceed with the process, which will include seeking additional public input. The next item was an update provided on-the Woodway Meadows/Forest Glen access road. The committee concurred with staff's proposal to send the matter to the Planning Board to make findings in support of the position to designate the access road as right -of -way and that it was not needed for either a walkway or bikeway. The final item discussed was regarding a fee for blocking sidewalks during construction. Councilmember Petso explained the fee was not to generate revenue but to provide an incentive for reducing the amount of time sidewalks are blocked. The committee directed staff to research the issue and bring the matter to the full Council. finance Finance Committee Committee Councilmember Earling reported the two issues reviewed by the Finance Committee (proposed fund name change, purchase of one replacement aid vehicle, and authorize re- chassis of one aid vehicle) had been approved on the Consent Agenda. Public Safety Public Safety Committee Conumttee Councilmember Davis advised the Public Safety Committee joined the Community Services/Development Services Committee for the Department of Transportation's presentation. Upon conclusion of that item, the Public Safety Committee discussed an extended contract for police security services between the city and Stevens Hospital. Stevens Hospital requested a 3 -year extension of the security contract. The committee recommended approval and the item was approved on tonight's consent agenda. The committee also discussed towing services. Earlier this year, the City approved a contract with six towing companies to provide tow services at accident scenes. Three towing companies have since withdrawn and Chief Hickok suggested the City contract individually with the three remaining companies. The committee recommended approval and the contracts were approved on tonight's Consent Agenda. 11. MAYOR'S REPORT Budget Revi ew Mayor Haakenson reported the budget review process had begun with the assistance of Councilmembers evi Orvis and Petso. Mayor Haakenson congratulated Councilmember Earling on the operation of the Sounders train. 12. COUNCIL REPORTS cx Council President Miller reported Councilmembers Petso and White would be serving on a new Committee committee, the City Convention Center and Hotel Committee (the 3CH committee). The purpose of the Edmonds City Council Approved Minutes September 18, 2000 Page 16 committee was to discuss a public /private partnership and possible creation of a public development authority for a convention center /hotel to provide economic development for the community. He said it would likely be several months before the committee provided a recommendation to the Council. With no further business, the Council meeting was adjourned at 9:50 P.M. /J" I, G" Y HA .ENS N, MAY7 1 W -SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes September 18, 2000 Page 17 AGENDA Revised 9115100 at 11:00 a.m. f EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street 7:00 -10:00 p.m. SEPTEMBER 18, 2000 SPECIAL MONDAY MEETING 7:00 P.M. - CALL TO ORDER 9w_Tc1Pf1MAIM 1. APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF SEPTEMBER 5, 2000 (C) APPROVAL OF CLAIM CHECKS #43346 THROUGH #43433 FOR THE WEEK OF SEPTEMBER 4, 2000, IN THE AMOUNT OF $127,625.32. APPROVAL OF CLAIM CHECKS #41318 THROUGH #43551 FOR THE WEEK OF SEPTEMBER 11, 2000, IN THE AMOUNT OF $391,946.37. APPROVAL OF PAYROLL CHECKS #31116 THROUGH #30581 FOR THE PAY PERIOD AUGUST 16 THROUGH AUGUST 31, 2000, IN THE AMOUNT OF $361,492.65. (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM MARIE ROBERTS ($1,279.86) (E) APPROVAL OF EXTENDED CONTRACT FOR POLICE SECURITY SERVICES BETWEEN THE CITY OF EDMONDS POLICE DEPARTMENT AND STEVENS HOSPITAL (F) AUTHORIZATION FOR MAYOR TO SIGN ROUTINE SERVICES CONTRACTS FOR TOWING SERVICE (G) PROPOSED ORDINANCE AMENDING THE PROVISIONS OF CITY CODE CHAPTER 3.09 TO BROADEN THE PURPOSES OF A CUMULATIVE RESERVE FUND FOR FIRE APPARATUS AND ESTABLISHING A NEW FUND FOR FIRE DONATIONS (H) PROPOSED ORDINANCE AMENDING THE PROVISIONS OF CITY CODE SECTION 10.80.060 RELATING TO THE DATE THE SALARY RECOMMENDATION IS MADE BY THE CITIZENS COMMISSION ON THE SALARIES OF ELECTED OFFICIALS 3. (10 Min.) PRESENTATION OF OUTSTANDING WASTEWATER TREATMENT PLANT AWARD FROM THE DEPARTMENT OF ECOLOGY 4. (10 Min.) PRESENTATION OF WASTEWATER TREATMENT PLANT OPERATOR OF THE YEAR AWARD FOR THE NORTHWEST OPERATORS SECTION TO DANIEL GARCIA 5. (15 Min.) PUBLIC HEARING ON PROPOSED ORDINANCE AMENDING THE PROVISIONS OF EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 17.40.025 NONCONFORMING ACCESSORY DWELLING UNITS, PARAGRAPH C, REGISTRATION OF ILLEGAL DWELLING UNITS, TO CLARIFY THAT THE ILLEGAL ACCESSORY DWELLING UNITS ABATED WITHIN FOUR YEARS OF THE DATE OF PASSAGE OF ORDINANCE NO. 3300 MAY REGISTER AS ILLEGAL ACCESSORY DWELLING UNITS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE 6. AUDIENCE COMMENTS (3 Minute Limit Per Person) 7. (30 Min.) PRESENTATION OF AN INITIATIVE PETITION RECEIVED SEPTEMBER 11, 2000 RELATING TO CARD ROOMS (A) REPORT FROM CARD ROOM TASK FORCE (B) CONSIDERATION OF AN ORDINANCE ADOPTING THE INITIATIVE, OR IN THE ALTERNATIVE, AN ORDINANCE CALLING FOR AN ELECTION Page 1 of 2 i 1 1 CITY COUNCIL MEETING AGENDA SEPTEMBER 18, 2000 Page 2 of 2 8. (20 Min.)' UPDATE MEDICAL AID VEHICLE REPLACEMENT PLAN; AUTHORIZATION TO PURCHASE ONE REPLACEMENT AID VEHICLE; AND AUTHORIZATION TO RE- CHASSIS ONE AID VEHICLE 9. (15 Min.) DISCUSSION AND POTENTIAL ACTION RELATED TO CAPITAL IMPROVEMENTS FOR THE ANDERSON CENTER 10. (15 Min.) REPORT ON COMMITTEE MEETINGS 11. ( 5 Min.) MAYOR'S REPORT 12. (15 Min.) COUNCIL REPORTS Parking and meeting rooms are accessible forpersons with disabilities. Contact the City Clerk at (425) 771 -0245 with 24 hour. advance notice for special accommodations. The Council Agenda appears on Chambers Cable, Channel 46 Delayed telecast of thi. neeting appears the following Wednesday. at noon and 7: 00 p.m., as well as, Friday and Monday at noon on Channel 46