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11/21/2000 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES November 21, 2000 Following a Special Meeting at 6:30 p.m. for an Executive Session regarding a legal matter the Edmonds City Council meeting was called to order at 7:00 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 Thomas A. Miller, Council President Dave Earling, Councilmember Michael Plunkett, Councilmember Jim White, Councilmember Lora Petso, Councilmember Dave Orvis, Councilmember Christopher Davis, Councilmember 1. APPROVAL OF AGENDA STAFF PRESENT Tom Tomberg, Fire Chief Robin Hickok, Police Chief Duane Bowman, Development Serv. Director Stephen Clifton, Community Services Director Peggy Hetzler, Administrative Services Director Noel Miller, Public Works Director Brent Hunter, Human Resources Director Arvilla Ohlde, Parks and Recreation. Director Don Fiene, Assistant City Engineer Steve Bullock, Senior Planner. Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER DAVIS MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, FOR APPROVAL OF THE AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. 1 2. CONSENT AGENDA ITEMS COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER DAVIS, FOR APPROVAL OF THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: (A) ROLL CALL pprove 11/14/00 (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF NOVEMBER 14, 2000 Minutes (C) APPROVAL OF CLAIM CHECKS #44571 THROUGH #44747 FOR THE WEEK OF pprove NOVEMBER 6, 2000, IN THE AMOUNT OF $956,469.44. APPROVAL OF CLAIM laim CHECKS #44748 THROUGH #44863 FOR THE WEEK OF NOVEMBER 13, 2000, IN Checks THE AMOUNT OF $198,918.68. tEq uipment Rental Rates (D) APPROVAL OF 2001 EQUIPMENT RENTAL RATES t - Ord #3332 (E) ORDINANCE NO. 3332 ESTABLISHING A SPECIAL SEWER CONNECTION CHARGE Special FOR PROPERTIES, RESIDENTIAL DWELLING UNITS AND OTHER STRUCTURES Sewer CONNECTING TO SANITARY SEWER IMPROVEMENTS CONSTRUCTED BY LIDS Connection Charge Edmonds City Council Approved Minutes November 21, 2000 Page 1 AND WHICH HAVE NOT BEEN ASSESSED UNDER THOSE LIDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE 3. PUBLIC HEARING REGARDING ESTABLISHING PROPERTY TAX LEVIES FOR THE YEAR perty Tau 2001 — ies Councilmember Miller explained two public hearings had been set for_ the establishment of property tax levies; however, as no property tax increases had been levied, he suggested this agenda item be omitted. He said this item had been included on the agenda as it had already been advertised. COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER. WHITE, TO PULL ITEM 3 FROM THE AGENDA. Councilmember Plunkett questioned whether there was anyone in the audience who wished to address the Council. COUNCIL PRESIDENT MILLER WITHDREW HIS MOTION WITH THE APPROVAL OF THE SECOND. Mayor Haakenson opened the public participation portion of the public hearing. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, cautioned against raising property taxes in future years to fund Medic 7. He pointed out I -722 may limit future property tax increases to 2% and urged the Council to support the initiative because voters supported it. Lester Blume, 19026 Olympic View Drive, Edmonds, questioned how the City could approve a budget when I -722 was under litigation. He commented the proposed budget included deficit spending based on anticipated income and said the City needed to determine how to balance the budget while making necessary expenditures to improve the City. Hearing no further comment, Mayor Haakenson closed the public participation portion of the public hearing. Cascade 4. PRESENTATION BY GREGORY SULLIVAN ISAACS OF THE CASCADE SYMPHONY Symphony ORCHESTRA Gregory Sullivan Isaacs, Cascade Symphony Orchestra, commented that the Cascade Symphony Orchestra (CSO) recently went through a growth process that had also occurred in other orchestral organizations. He said the growth of Edmonds required the symphony to grow and, as an incorporated business, the symphony needed to take charge of its future. Mr. Sullivan Isaacs commented on changes that have occurred in the recent past, growing from not even having a telephone to an office where the public can have direct contact with the orchestra, adding a full - time Conductor and a full -time Executive Director, establishing an active Friends organization, bringing the symphony into the Edmonds School District, moving concerts to Sunday afternoon and establishing a regional presence by holding concerts at the Moore Theater. He said the additions allow them to serve the community. The symphony also brings many visitors to the City, many who make plans to return. Mr. Sullivan Isaacs explained the orchestra was now a fully professional orchestra of world -class quality. He pointed out the orchestra's new life depended on the community mobilizing a level of support to fund Edmonds City Council Approved Minutes November 21, 2000 Page 2 and nourish it. He referred to the need to fill critical vacancies on the board, firm up community support, identify new sources of sponsorship, mobilize volunteers, and get the word out about the symphony. Councilmember White noted this was a request to provide funding for the Cascade Symphony Orchestra. He asked what would this funding be used for and what the plan was for continued funding once these monies were exhausted. Mr. Sullivan Isaacs stated a major fund drive would begin in January and a complete review of the CSO was planned. He suggested the monies could be used to fund two concerts or underwrite the office rent. Councilmember White asked if this was a one -time funding pledge or a future commitment for funding. Mr. Sullivan Isaacs answered that was at the Council's discretion. He urged the Council to use its bully pulpit to support the symphony. Councilmember White asked how long the symphony had been in the community. Mr. Sullivan Isaacs answered 39 years, commenting a festival was planned for next year's 40 season. Councilmember Earling observed the Council packet indicated the request for $5,000 was to help cover the CSO's cost of overhead at the Edmonds Floral Centre. Mr. Sullivan Isaacs agreed that was a specific grant they were seeking. Councilmember Earling explained he had been involved with the CSO including on the board for a number of years and understood the heritage it brought to the community. He said the CSO was an important cultural activity in the community and favored providing some assistance such as allocating $5,000 to pay the cost of the overhead at the Edmonds Floral Centre. City Attorney Scott Snyder pointed out the City was prohibited from gifting public funds. The City frequently contracts for social and artistic functions, for example the City could contract for a specified number of concerts either at no cost or reduced cost. He said an audit trail must be established indicating the citizens received some service. Councilmember Earling asked if $5,000 could be distributed over two concerts and free tickets distributed to the community. Mr. Snyder agreed that would be appropriate. Councilmember White inquired about the balance of funds available for the promotion of tourist activities. Administrative Services Director Peggy Hetzler answered approximately $40,000. Councilmember White further inquired about conditions for using those funds. Mr. Snyder answered there would need to be similar conditions attached. Expenditure of those funds also requires a recommendation from the Lodging Tax Committee. Mr. Sullivan Isaacs suggested the funds could also be used for promotion/advertising and/or making tickets available to the Senior Center. Councilmember White preferred that method of funding due to the cultural aspects of the CSO. Councilmember Petso said the Lodging Tax funds were currently being allocated via grants to the arts community. It was her understanding funds could only be used to promote an event not to hold the event. She said there may be an opportunity to broaden the scope of the funds; the next meeting was scheduled for January 18, although the committee could meet sooner to consider a specific request. Council President Miller was supportive of the CSO's request but disagreed with using the Lodging Tax Fund as a source of funding. He viewed Mr. Sullivan Isaacs' request as an extraordinary need and recommended it be'funded via the Council Contingency Fund. He recommended the CSO approach the Lodging Tax Committee for long term funding. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO TABLE THIS ITEM WITH THE UNDERSTANDING THE LODGING TAX COMMITTEE WOULD MEET AND PROVIDE A RECOMMENDATION TO THE COUNCIL. MOTION CARRIED, COUNCILMEMBER PLUNKETT OPPOSED. Edmonds City Council Approved Minutes November 21, 2000 Page 3 5. CLOSED RECORD MEETING — DECISION ON PRD- 2000 -21 AND P-2000-1-05 BAS n ON THE Metco RECORD CREATED BY THE HEARING EXAMINER IN MAKING HIS RECOMMENDATION Homes PRD and Prelim. TO THE CITY COUNCIL- THE APPLICATION IS MADE BY METCO HOMES TO ALLOW A rmal Plat 27-L•OT PLANNED RESIDENTLAL DEVELOPMENT (PED) AND PRELIMINARY YO MAi 415 loo °i PLAT THE PROPERTY IS LOCATED AT 23415 1 n TH AYENUE WEST AND IS ZONED RS -8, e. W Senior Planner Steve Bullock explained a Planned Residential Development (PRD) was reviewed by the Architectural Design Board (ADB) who made a recommendation to the Hearing Examiner. The Hearing Examiner held a public hearing and provided a recommendation to the City Council who will make the final decision. He explained this was a consolidated application with PRD approval as well as formal plat approval. Although preliminary approval of a formal plat was typically granted by the Hearing Examiner, because this was a consolidated review and the Council was making a decision on the PRD, all decisions on permit applications would be made by the Council. Mr. Bullock explained in order to comply with Regulatory Reform, the public hearing was held with the Hearing Examiner and his recommendation provided to the Council. Tonight's decision was the Council's review and decision on the application based on the record established by the Hearing Examiner. No new testimony could be entered into tonight's records. Mr. Bullock explained the project site was six acres with one existing house. Because of the property size, a. typical subdivision would allow 27 -30 homes. The applicant proposed a PRD with. a total of 27 homes, including the existing house. Twenty percent of the site would be set aside as open space and there would be other amenities such as special landscaping and street tree plantings. The only reductions from the underlying zoning requirements were lots in the PRD would range from 5,500 to 7,500 square feet. This allowed 20% to be set aside as open space, preserving some mature vegetation that likely would not be maintained via a typical subdivision project. On five of the 27 lots, the setbacks required by the underlying zoning would be reduced. Staff and the Hearing Examiner reviewed the proposed setback reductions and found they were more than adequate to ensure the development fit within the surrounding neighborhood and did not create private issues. Councilmember Orvis asked why the retention pond was designed in this manner. Mr. Bullock answered a detention/retention pond was subject to the topography of the site and would always be located at the lowest portion of the site. The area where the pond had been located was the lowest point on the site and was a location that could be accessed by City crews for maintenance. He said there were preliminary discussions regarding an entrance on the corner; the ADB and Hearing Examiner's review moved the entrance further east to a side street and increased the surrounding landscaping. Councilmember Orvis asked if the pond would be cement. Mr. Bullock answered there would be some cement retaining walls but the pond would allow infiltration. Councilmember Orvis observed the Hearing Examiner recommended the pond be closed. Mr. Bullock explained the ADB recommended the pond be a vault. The Hearing Examiner recommended approval of the open pond with increased landscaping surrounding it. Councilmember Petso inquired whether the issue raised by a nearby resident regarding the curved driveway had been resolved. Mr. Bullock answered City standards limited driveway slopes to 14 %. Construction drawings had not yet been prepared for the driveway but would be submitted during the next phase of the project. The Engineering Department would ensure City standards were met with regard to the driveway. He noted the applicant may be developing another access. Edmonds City Council Approved Minutes November 21, 2000 Page 4 Councilmember Petso pointed out the open space appeared to be located on a private road and thus would not be accessible by the public. Mr. Bullock answered all roads in the PRD were public roads. Councilmember Petso asked if the 20% open space included the detention pond. Mr. Bullock answered he did not believe so. Councilmember Petso questioned whether adequate open space had been provided on the site to provide the public benefit necessary for the Council to approve a PRD. Mr. Bullock commented that although the landscape strip along the steep slope would not be an active open space, it would provide separation from the street and a residential neighborhood and was therefore included in the open space calculation. Council President Miller inquired about the recommendation to reduce setbacks from 7'/z feet to 5 feet. Mr. Bullock explained a 5 -foot side setback would typically be required for a R -6 zoned property. The side setback had been reduced from 7' /z feet to 5 -feet for lots 7 (on the northeast corner) and 17 (on the southeast corner). He explained this was not deemed to be a significant issue in either case due to the fairly steep. grade on the east that levels out for the lots on top (not included in the PRD). Mr. Snyder referred to paragraph 3 on page 17 of the Hearing Examiner's recommendation, which incorporates the engineering requirements. In paragraph 1 on page 63, the engineering requirements indicate as shown on the proposed plat, all proposed paved surfaces within the plat were classified as public streets and shall meet the appropriate right -of -way widths. He suggested a motion to approve be conditioned on the preliminary plat complying with the terms of the engineering requirements. He commented approving the Hearing Examiner's recommendation would be sufficient. Applicant Steven Michael Smith, Metco Homes, commented regarding the design of the detention pond. He explained the proposed system was open. There had been discussion at the Hearing Examiner's public hearing regarding the detention system due 'to the ADB's request for a closed system. Both the applicant and the City Engineer pointed out that a closed system had not been considered and would require more fall across the system than may exist, causing difficulties with functionality. Water quality with an open system was superior due to infiltration and biofiltration. The primary concern of the ADB was related to an earlier design that had an access road to the pond from 100' Avenue West. This access was relocated to the north off 234, allowing a more complete landscape screen between the pond and 100" and eliminating most or all incompatibility between the pond and the street. Regarding the Lindell's concerns voiced by Councilmember Petso, Mr. Smith explained their concerns were discussed at the public hearing. He pointed out the Lindells were not the property owners of the parcel they reside on and therefore did not hold the easement right to the existing easement along the east line of Lots 14, 15, and 16. An agreement was reached with the property owners to relocate the easement from its current location (through Lots 14; 15 and 16) to the east, adjacent to Lots, 14, 15 and 16 and creating a more natural, easy to navigate easement for whoever may own the property in the future. He summarized the difficult corkscrew driveway shown on earlier drawings was not proposed at this time and would be modified in future designs. Mr. Smith indicated there were several amenities proposed for the open space areas such as a community garden on Tract 995, a tot lot with landscaping on Tract 994, and preservation of a stand of evergreens on the site on Tract 997. He explained the PRD concept made sense early in the process due to the ability to preserve this large stand of trees. An early preliminary plat design, using the RS -8 requirements, resulted in an equivalent number of lots; however, the design was poor with odd lot shapes. City staff agreed the design was poor and a decision was made to pursue the PRD concept. The proposal for setback reductions was to accommodate smaller lot sizes. : Edmonds City Council Approved Minutes November 21, 2000 Page 5 Councilmember Earling . asked for clarification regarding Mr. Smith's testimony at the Hearing Examiner's public hearing that a fence may be built along the south side of the project for marketing purposes and later testimony from Kristi Park, Metco Homes, that a fence would be constructed when the homes are built and a temporary perimeter fence will be installed during construction. Mr. Smith answered Ms. Park's comments represented a further offer by the applicant at that time. Mr. Snyder commented the ADB originally preferred a vault to eliminate the access easement for maintenance. City staff pointed out access to a vault would still be required and voiced significant safety concerns over whether the vault lid would be strong enough to bear the weight of the vactor truck used to service the vault. There were no parties of record present who wished to address the Council. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCIL PRESIDENT MILLER, FOR APPROVAL OF THE PRD, WITH THE EXPECTATION THE HEARING EXAMINER'S RECOMMENDATIONS ON PAGES 17 —18 WOULD BE FOLLOWED. Councilmember Petso asked if the motion would require public roads within the PRD. Mr. Snyder said as a result of the motion and the Hearing Examiner's recommendation, his intent was to draft findings that required public roads. MOTION CARRIED UNANIMOUSLY. Ord #3333 6. SECOND READING — PROPOSED ORDINANCE OF THE CITY OF EDMONDS, delphia WASHINGTON GRANTING TO ADELPHIA BUSINESS SOLUTIONS OPERATIONS. INC. A Franchise NON - EXCLUSIVE FRANCHISE TO INSTALL OPERATE AND MAINTAIN A MULTIPLE CONDUIT FIBER OPTIC TELECOMMUNICATIONS SYSTEM IN, ON, OVER, UPON, ALONG AND ACROSS THE PUBLIC RIGHTS -OF -WAY OF THE CITY OF EDMONDS, WASHINGTON: PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS AND CONDITIONS WITH RESPECT THERETO AND ESTABLISHING AN EFFECTIVE DATE. Assistant City Engineer Don Fiene .explained this was a second reading of an ordinance granting a franchise to Adelphia Business Solutions. He recommended approval as presented. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCIL PRESIDENT MILLER, FOR ADOPTION OF ORDINANCE NO. 3333. MOTION CARRIED UNANIMOUSLY. THE ORDINANCE WAS ADOPTED AS FOLLOWS: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, GRANTING TO ADELPHIA BUSINESS SOLUTIONS OPERATIONS, INC _A NON - EXCLUSIVE FRANCHISE TO INSTALL, OPERATE AND MAINTAIN A FIBER OPTIC TELECOMMUNICATIONS SYSTEM IN, ON, OVER, UPON, ALONG AND ACROSS THE PUBLIC RIGHTS -OF -WAY OF THE CITY OF EDMONDS, WASHINGTON; PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS AND CONDITIONS WITH RESPECT THERETO, AND ESTABLISHING AN EFFECTIVE DATE. 7. STATUS REPORT ON SOUND TRANSIT ACTIVITIES sound Paul Matsuoka, Deputy Executive Director, Sound Transit, explained it had been four years since the Transit successful transit election in 1996. He described Sound Transit's successes over the past four years including establishment of 13 of the 18 proposed new regional bus routes (ST Express), opening of the ■ Ash Way Park and Ride Lot, and establishment of the commuter rail in the Seattle to Tacoma corridor. He said all the engineering work for the light rail had been accomplished, the light rail cars had been ordered and ground broken in the Tacoma area for the Tacoma link from downtown Tacoma to the Edmonds City Council Approved Minutes November 21, 2000 Page 6 Tacoma Dome station. In the central link (Seattle, Tukwila and SeaTac), contract negotiations for a design built tunnel under Capitol Hill, First Hill and the University District had been suspended as the Sound Transit Board of Directors was not convinced it would result in an affordable project. The Board requested staff return at the December Board meeting with information to access the next steps in the project such as an assessment of the tunnel cost estimates and where they have gone awry, other alternatives for a different/less expensive solution in that corridor, an examination of the cost to complete the project, and an outline to engage the public in considering alternatives. In Edmonds, much of the environmental work to clear the impacts and mitigation in the Sounder corridor between Seattle and Everett has been completed. A Technical Advisory Committee has been established in. the Edmonds area to determine the design of the commuter rail station. Sound Transit was negotiating with Burlington Northern Santa Fe to obtain their approval to begin preliminary engineering on track improvements in the Seattle /Everett corridor to ensure freight and Amtrak service could grow and Sounder traffic could be introduced into the corridor without impacting that service. Mr. Matsuoka described Sound Transit's relationship with Washington State Department of Transportation ( WSDOT) in this corridor, commenting WSDOT was slated to contribute $106 million in track and signal improvements. Unfortunately, I -695 eliminated much of the funding source WSDOT would have used to contribute to this project. In the south corridor, Sound Transit obtained $60 million in federal funding. Efforts were being made to pursue the remaining funding necessary for these improvements. Responding to questions about the tunnel, Councilmember Earling indicated negotiations had been suspended not terminated. He explained there are numerous ways to approach the tunnel construction including "design built" and "design bid built." In the design built process, proposals were submitted, the best proposal selected and engineering and costs were negotiated. During that process for the tunnel, the Board had determined the cost was too high and would not be affordable. In a design bid built process, Sound Transit would design the tunnel and put it out to bid. In many cases, the cost for a design bid built was lower than design built. He agreed there were a variety of alignments and potential cost savings that could be considered. He said the Sound Transit Board was committed to light rail as the technology to move a large number of people. Mayor Haakenson inquired about the impact the Endangered Species Act (ESA) and I -695 had on federal funding to Washington State. Mr. Matsuoka explained much of the federal funding was allocated through grants via the Puget Sound Regional Council to cities, counties and transit agencies that applied for the grants. Most grants required matching funds and required an agency to show their project was ready. If federal funds were not expended within a certain timeframe, the funds could be rescinded. Following the passage of I -695, many agencies who had acquired federal funding, no longer had matching local funds. Further, new requirements imposed by ESA necessitated additional environmental review. Sound Transit was able to capture some federal grant funds that may have been lost to other states because the Sounder program was ready to go. Snohomish 8. _PRESENTATION ON THE SNOHOMISH COUNTY ECONOMIC DEVELOPMENT COUNCIL County Econ. Dev. This item was postponed, as the Snohomish County Economic Development Council representative was Council not present. City 9. ANNUAL REPORT FROM CITY ATTORNEY SCOTT SNYDER Attorney .annual . City Attorney Scott Snyder observed in 2000, the City Attorney's Office and the City made better use of Report available technology such as electronic data transmission to forward documents. He stated conversations Edmonds City Council Approved Minutes November 21, 2000 Page 7 have moved away from the telephone to email. Telephone calls often required a follow -up memo, which was not as efficient as email. Staff has been amenable to this transition due to the faster turnaround. In response to a recent questionnaire, some staff members indicated response time from some staff members of the City Attorney's office varied. He assured this issue would be addressed. Mr. Snyder outlined projects to be undertaken in 2001 such as conducting an audit of the City's electronic record procedures. He explained all email transmissions were public documents and subject to public disclosure. He stated a procedure needed to be established for printing out hardcopies of emails for future reference as well as maintaining an index of email documents. This would ensure the City's record keeping procedure for hardcopy documents was applied equally as well to electronic records. Another project that could be undertaken over next year would be a comprehensive revision of the Community Development Code. He explained the City's existing Community Development Code was drafted via extensive citizen participation culminating in the adoption of the code in 1980. As a result of community, Planning Board and Council participation, the code represented a very good snapshot of planning in 1980. Since that time, numerous changes have been made to the code, creating gaps that affect its continuity. He summarized the numerous changes made to the Code over the past 20 years that have resulted in many inconsistencies. He emphasized a comprehensive revision would require a time commitment from staff, the Planning Board, and the Council. 10. AUDIENCE COMMENTS Al Rutledge, 7101 Lake Ballinger Way, Edmonds, referred to an article in the Enterprise that, indicated the City may sell some property. Next, he pointed out additional funding may be necessary to fund edie 7 Medic 7 services in the future. He reported the Port of Edmonds was considering a new facility with an arts center. Robert Freeman, 622 7" Avenue S, Edmonds; (Library Board President), advised the Library Board's brary primary interest was ensuring the survival of library service in Edmonds. He said the Library Board was not taking a rigid position regarding the source of funding and recognized the Council may choose a funding method other than annexation. In response to Mr. Ru'tledge's comments regarding the City selling land, Mayor Haakenson said that article appeared after the passage of I -722 but the comments were made last January or February following the passage of I -695.. Regarding funding for Medic 7 if it became part of the City's fire edit department, Mayor Haakenson assured there were funds in the preliminary budget for the eventuality of Medic 7 personnel joining the Edmonds Fire Department this year. 11. DELIBERATIONS ON THE 2001 FISCAL YEAR BUDGET 2001 Budget Administrative Services Director Peggy Hetzler provided an update on changes that had been made to the preliminary budget. She explained since October 10, when Mayor Haakenson presented the preliminary budget, two public workshops have been held, Mayor Haakenson held a Town Meeting, and, this was the second budget deliberation. She explained the purpose of these multiple discussions was to provide information to the public as well as receive community input. She emphasized the proposed 2001 budget did not contain a property tax increase or other new revenue sources, maintained the City's status -quo service levels and did not include any new employees. Ms. Hetzler advised the total 2001 General Fund revenues were projected to be $22.1 million; the recommended budget included expenditures of $23.2 million. She referred to an updated 5 -year forecast Edmonds City Council Approved Minutes November 21, 2000 Page 8' for the General Fund in the packet that assumed adoption of the recommended budget. She reviewed changes made to the recommended budget: • $10,000 expenditure to the Snohomish County Economic Development Council • $11,000 increase in the interfund transfer for the Fire Department for equipment maintenance • $10,000 increase in ground maintenance support for Fire Station 20 and Public Safety Complex • $4,000 increase in the Senior Center allocation • A series of smaller adjustments totaling approximately $5,000 Ms. Hetzler explained the recommended budget included all the original decision packages that were included in the preliminary budget. She said the dollar amount of the expenditures outlined in the revised 5 -year forecast were nearly identical to those in the preliminary budget. She clarified some requests had changed but the total dollar amount was similar. Councilmember Plunkett recalled in early November, he asked for information regarding the library plaza room kitchen remodel and asked if that was reflected in the budget. Mayor Haakenson recalled it was decided that expenditure should not be included in the budget, and if it was included, it would be deleted. Councilmember Earling pointed out the City could be faced with budget reductions if the challenge to I- 722 was not successful. - He inquired what strategy had been identified to address those potential reductions. Ms. Hetzler advised the contingency plan had three components. The first component is earmarking $1.3 million of this year's General Fund ending cash balance as the amount that would potentially need to be refunded if I -722 was validated. The City had sufficient ending cash balance to set that amount aside. The second component is to readopt ordinances adopted last year adjusting planning and building fees, instituting the new sewer utility tax, and the recapture of the property tax levy. The third step would be to identify a series of new revenue sources and budget reductions that could be put in place when a determination was made regarding the validity of I -722. She said 1 -722 did not require a public vote for new revenue enhancements; that requirement was eliminated with I -695. She said legal counsel advised refunds could not be made until the issue of whether that would be a gift of public funds had been resolved. Councilmember Orvis remarked he was happy with the budget, which reinstated many of the cuts that were made last year particularly in the Police Department and Fire Department. He indicated that although there some individual items that he would like further deliberation on, there was nothing that would prevent him from approving the budget. For Mayor Haakenson, Council President Miller indicated if there was consensus from the Council, approval of the budget would be scheduled on the next Council agenda. If there were substantial differences, another deliberation would be scheduled. Councilmember Petso said although the budget reflected a great deal of work by staff, she still had a number of items that she wanted further Council deliberation on. She questioned paying for health club memberships and workout equipment for the same group of employees. She also questioned whether the City should pay social club memberships for employees and if so, what social clubs and for which employees. An example of a larger item, she felt there could be greater use of some funds such as the 007 Fund, which had a substantial increase and could be used to take some of the burden off the General Fund. Edmonds City Council Approved Minutes November 21, 2000 Page 9 Councilmember Petso remarked when the L5 salary schedule was approved, it was her understanding there would be individual review. However, when she inquired about a salary at the last budget meeting, she was informed that the salary would be approved when the budget was approved. As a result, if she did not agree with the proposed, salary increase, she could not vote in favor of the budget. Other salaries included a note indicating the Mayor had approved the request provided the additional cost was funded via the department's existing budget. She said although this may be acceptable for 2000, the cost must be funded in the budget in future years. Councilmember Petso preferred the Human Resources. Committee had reviewed the increases and provided a recommendation to the Council rather than including the salaries in the budget. She summarized there had been a great deaf of good work done on the budget and she appreciated staff's efforts. However, she may vote against the budget due to the, issues she cited. Councilmember Earling stated this had been the easiest budget process; the budget did not include additional property taxes and skillfully funded necessary services. Although he acknowledged he did not agree with everything in the budget, he recognized compromise was necessary. He was prepared to support the proposed budget. Councilmember Plunkett congratulated Mayor Haakenson on providing the best budget he had been associated with, for allowing the most public participation, for providing a 5 -year forecast, for not instituting a property tax increase or new employees in 2001, for identifying funds to address I -722, and for establishing more fair funding for Public Safety. He was prepared to support the budget although he had one small issue he wanted addressed. Councilmember Davis commented there may be 1 -2 items in the budget he did not agree with. He said his concern with the 6% increase in expenditures had been lessened due to the realization much of the funding increases were the result of restoring funding to items eliminated as a result of I -695. He supported the proposed budget. Councilmember White stated that reviewing the budget at length, he was supportive of the budget as proposed. He expressed appreciation for the barebones/basic services budget that had been proposed and indicated he could support the budget as now proposed. Council President Miller indicated approval of the budget would be scheduled on next week's agenda. Councilmember Plunkett questioned the proposed $19,000 expenditure for a.4 -wheel drive vehicle for the Development Services Department. Development Services Director Duane Bowman explained the vehicle would be used by the Building Inspector who typically visits construction sites that are in a tom - up state. The current vehicle requires the Inspector park on the street and walk onto the site. The proposed vehicle would serve as a construction inspector vehicle and would also serve as another vehicle to be used in the event of an emergency or disaster situation. He said the vehicle currently used by the Inspector, a Dodge Spirit, would be then used by the Code Compliance Officer. Councilmember Plunkett asked what the Code Compliance Officer would use if the new vehicle were not purchased. Mr. Bowman answered the Officer would use one of the staff pool vehicles. He said the Dodge Spirit could also be used as a staff pool vehicle if the 4 -while drive vehicle were purchased. Councilmember Plunkett questioned how often such a vehicle had been necessary in the past for emergencies. Mr. Bowman agreed there had not been a major disaster, but if one occurred, it would be another vehicle in the City's fleet that could be used. Edmonds City Council Approved Minutes November 21, 2000 . Page 10 Councilmember Plunkett observed the Inspector currently parks on the street and carries his supplies onto the site. Mr. Bowman said by driving onto the site, the Inspector would have the plans, code books, etc. readily accessible. Councilmember Plunkett concluded a 4 -wheel drive vehicle was not necessary for this purpose. Regarding the salary issues Councilmember Petso raised, Council President Miller explained the salary for "the Council Administrative Assistant would be presented to the Council as a contract adjustment. COUNCILMEMBER .PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO ADJUST THE BUDGET BY ELIMINATING THE DEVELOPMENT SERVICES DEPARTMENT 4 -WHEEL DRIVE VEHICLE IN THE AMOUNT OF $19,000. Councilmember Petso said this vehicle was discussed during the budget presentation workshop. One aspect that she found persuasive was the emergency use of the vehicle. She said both Fire Chief Tomberg and the Planning Department were developing emergency response plans for the City. If staff determined this vehicle was a necessary element of their emergency response, she was satisfied. Councilmember White disagreed with examining in detail each item a department director requested, pointing out it was the Council's responsibility to establish policy and not manage individual decisions. He' asked Mayor Haakenson for the basis for proposing the acquisition of this vehicle in the budget. Mayor Haakenson answered the Development Services Director and staff convinced him of the need for the vehicle. He recalled several years ago 4 -wheel drive vehicles had been appropriated from anyone in the city when snow and rain resulted in several slides. He was convinced the Building Inspector and Code Enforcement Officer had need for the vehicle and that was the reason it was included in the budget. Councilmember Plunkett recalled the City purchased 4 -wheel drive vehicles for the Fire Department at the Fire Chief's request. He concluded if the issue was to provide a vehicle for emergency use, that need had been met. UPON ROLL CALL, MOTION FAILED, COUNCILMEMBER ORVIS AND PLUNKETT IN FAVOR AND COUNCILMEMBERS PETSO, EARLING, DAVIS, WHITE AND. COUNCIL PRESIDENT MILLER OPPOSED. Councilmember Petso commented she was waiting for the presentation from the Snohomish County Economic Development Council before making a decision regarding that expenditure. Mayor Haakenson declared a brief recess. 12. DISCUSSION AND POTENTIAL ACTION REGARDING ANNEXATION INTO SNO ISLE Library LIBRARY DISTRICT Council President Miller stated the Council had been deliberating the issue of library funding over the past 11 months including discussion regarding a levy lid lift, annexation to the Library District or continuing to pay the library contract from the General Fund. During the first budget workshop, Mayor Haakenson showed a 5 -year forecast that indicated library funding needed to be removed from the General Fund and an alternative funding source identified in order to provide the existing level of service and balance the budget in 2002 — 2005. Council President Miller recalled the Library Board made a presentation and recommended that the Council consider annexing to the Sno Isle Library District. At the October budget workshop, Mayor Haakenson urged the Council to consider funding for the library. At that time, Council President Miller indicated his desire to have that issue considered separate from the 2001 budget discussions because the library funding was included in the 2001 budget. If the Council decided to pursue annexation or a levy lid lift, he said it was important to allow sufficient time Edmonds City Council Approved Minutes November 21, 2000 Page. 11 to organize people to conduct an educational campaign regarding the issues prior to an election in September or November. If the Council failed to take any action, the library contract would continue to be funded via the General Fund in 2002. As the library funding had not been included in the 5 -year budget plan, continuing to fund it from the General Fund'would impact the budget in future years. Councilmember Earling asked Library Board President Bob Freeman to clarify his earlier comments. Mr. Freeman reiterated the Library Board's first choice of the available options was annexation. The Board viewed annexation as the best option for ensuring superior library services were available in Edmonds. His earlier comments were intended to indicate some funding solution needed to be identified and the Library Board was open to other solutions the Council may prefer. He observed the library funding had been eliminated in years 2002 and beyond in the 5 -year plan and expressed concern with dropping the library contract prior to the annexation vote. He understood the forecasts' for 2002 and beyond were only scenarios and not budgets but he did not . want the City to be left without either annexation or a library contract and no library in Edmonds. Councilmember Plunkett emphasized -no one wanted the City not to have a library; the 5 -year forecast represented scenarios only. He said any option would maintain the library; there had never been any intent to do anything other than that. He asked Mr. Freeman why the Library Board felt annexation was more stable long -term than a levy lid lift. Mr. Freeman anticipated the current turbulent situation with regard to initiatives that caused the City's finances to be in turmoil would continue. He viewed annexation as a solution that took the library out of this turmoil and provided for a one -time decision by the Edmonds voters to join the Library District. Councilmember Plunkett asked if a levy lid lift could be done in perpetuity. In view of recent and . possibly future initiatives, Ms. Hetzler said it was difficult to know whether a levy lid lift would solve the library funding issue. Council President Miller recalled there had been comments made that the Sno Isle Library District had a master plan to have all member cities annex to the Library District and asked why this was the District's goal. Arts Weeks, Sno Isle Library District, agreed a resolution had been passed encouraging annexation and directing him to work with cities to accomplish annexation. He said this would provide funding equity throughout the district, as there was currently a disparity among contract cities regarding their contribution as well as unincorporated areas. The other objective was to create funding stability to eliminate the unstable nature of contracts caused by initiatives. Councilmember Orvis commented the City currently paid $1.1 million via the library contract; the Library District would collect $1.6 million from the Edmonds taxpayers via annexation, an increase of approximately $500,000. He asked what taxpayers would receive for those additional dollars. Mr. Weeks answered the Library District collected funds from the entire district; a book purchased for one library was available throughout the entire system. He said currently 9% of the activity in the Library District was generated by the Edmonds Library, but only 8% of the funding was provided by Edmonds. He said annexation would bring the level of funding equal to the activity level. He was aware of the need to partner with the City to accomplish the objectives of the library capital projects such as the kitchen, roof, and updating the facility. He said those issues could be addressed with the extra funds collected via annexation. Mayor Haakenson said he had some discussions with the Library District regarding the plaza room kitchen and repairing portions of the roof and they indicated their willingness to partner with the City on those items. Edmonds City Council Approved Minutes November 21, 2000 Page 12 Councilmember Petso referred to a letter provided to Councilmembers from a citizen that inquired what additional services would be provided after the roof was repaired/replaced. Mr. Weeks answered the Library District was open to suggestions on ways to increase library services. Councilmember Petso stated the funding methodology, based on property values, had been questioned by citizens. She asked if Sno Isle would consider a more equitable funding method such as library usage, population and property value versus only property values. Mr. Weeks answered the Library District operated under the rules established in the RCW that granted library districts the ability to be funded via property taxes. He said there was no other funding method specified in the RCW. He emphasized the same formula was applied throughout the District. Councilmember Petso asked if Sno Isle would consider establishing a limit on the amount collected from an individual such as for a property with an extremely high value. Mr. Weeks did not believe Sno Isle had the discretion to establish such caps. Jonalyn Woolf - Ivory, Deputy Director, Sno -Isle Library; explained in the late 1980's the Library District had its first levy election and as a result, were able to add staff and hours to libraries including the Edmonds Library. Until 1988, the levy lift was approximately $0.33 per $1,000 of assessed valuation but was currently at approximately the cap of $0.50 per $1,000. She said State law required the Library District to have a uniform tax base throughout its service area. The Sno Isle Library Board's goal was to establish uniform treatment for residents in unincorporated as well as incorporated areas. Councilmember White inquired about the Board's term of service. Mr. Weeks answered the term was seven years with a two term limit. Councilmember White asked whether there were provisions for the removal of a boardmember. Ms. Woolf -Ivory explained a boardmember had not been removed in the 16 years she had been in the Library District. Action would be required by the County Council or County Commissioners. She offered to provide further information. Mr. Weeks stated any dissatisfaction should be directed to the Snohomish County Executive. Ms. Woolf -Ivory said issues raised by the public have been addressed in the past. Each year the Library Board of Trustees met in a variety of locations and sought input regarding their policies. Councilmember White recalled the Sno Isle Library Board was appointed by elected officials but basically ran itself without public oversight. Mr. Weeks said the meetings were open to the public and the public has attended their meetings and commented on library policy. He suggested if the public had concerns with the operation of the Library District, that they direct their concerns to the Snohomish County Executive. Councilmember White pointed out the Library District Board was a taxing entity collecting millions of dollars and distributing them at their discretion without public oversight to a large extent. He asked how . this is regulated. Mr. Weeks said the RCW specified the appointment of Library Trustees. He said there was a bill in the Legislature last year to convert the positions to elected officials and that issue may be raised again this year. Councilmember Orvis asked how the 9% usage factor was determined. Mr. Weeks answered primarily circulation; 9% of the items in the system were borrowed from the Edmonds library. Councilmember Orvis pointed out this did not consider the address of those visiting the library. Mr. Weeks said the automated circulation system could identify to whom items were circulated. He said the Edmonds library circulated predominately within the City, to a level higher than seen in other cities. Ms. Woolf - Ivory added not only do Edmonds residents use the Edmonds library but there was heavy use by Edmonds residents of the Lynnwood library, the system reference center, and the Mountlake Terrace library. Edmonds City Council Approved Minutes November 21, 2000 Page 13 Responding further, Mr. Weeks said all usage was tracked, including Edmonds residents' usage of other libraries. He offered to provide that information. Councilmember Orvis said the Library District indicated they must have a .uniform tax base, which would appear to preclude contracting with cities. He asked how the Library District could contract with cities and negotiate the contract amount. Mr. Weeks answered the RCW permits .them to negotiate a contract for service with a municipality within the Library District that was not part of the District. Ms. Woolf -Ivory explained the contract amount was based on a percentage of the previous years' contract and the new assessed value in the city. There is no legal requirement to have a uniform contract throughout the Library District but there was a requirement that the tax rate be the same throughout the, District. Councilmember Orvis observed there was nothing to prevent the Library District from contracting with Edmonds. Ms. Woolf -Ivory agreed there was nothing preventing them from contracting other than a desire to treat everyone the same. Councilmember Orvis pointed out that because Edmonds' property values were higher, it appeared the City was not being treated the same. Mr. Weeks pointed out the quality of the Edmonds library, commenting the libraries in some other cities were not as well equipped, as large or as active. He pointed out the importance of all cities in the District contributing equally. He said residents in unincorporated areas currently paid more to use the Edmonds library. Councilmember Orvis asked the cost of a library card if a city was not in the Library District. Mr. Weeks answered the District did not sell library cards. The Board made a decision to grant a reciprocal agreement to residents of municipalities that supported library services at a level equitable to Sno Isle. Residents of cities that did not support library service would not be granted service at Sno Isle libraries. Councilmember Petso referred to a question in a citizen letter inquiring whether annexation could be revoked. Mr. Weeks answered yes, via a petition calling for revocation of the annexation. Councilmember Earling referred to the 9% activity level generated by the Edmonds library and the 8% contribution and said the use and contribution was actually fairly equitable. He asked if there were more dramatic disparities in other cities in the District. Mr. Weeks agreed the levels were comparable but pointed out there were areas in the District paying $0.50 per $1,000 but the nearest library facility was 15 -20 miles away. That resident may consider that to be a disparity. He said the goal was to achieve an equitable balance most of the time. Councilmember Earling asked the cost of an additional 1% so that the activity level and funding level would both be 9 %. He inquired about the activity level versus funding level for other cities with population similar to Edmonds. Mr. Weeks agreed to provide information regarding circulation and contribution of larger cities (population of 15,000 — 20,000). Mr. Weeks explained for an annexation vote to be effective in 2002, the vote would need to be successfully concluded before June 1, 2001. COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER DAVIS, TO EXTEND THE MEETING FOR 15 MINUTES. MOTION CARRIED UNANIMOUSLY. Council President Miller observed this discussion highlighted the need for additional information. He advised this item would be scheduled'on a Council agenda in December or January. Councilmember Orvis said his understanding was successful annexation vote in September or November would allow annexation the next year. Mr. Weeks said the Snohomish County Auditor informed them Edmonds City Council Approved Minutes November 21, 2000 Page 14 last year that June 1 was the date a successful annexation vote must be concluded. Ms. Woolf -Ivory advised the Library District was unable to collect taxes for the following year if the increase was not passed by June 1. Councilmember Orvis asked staff to provide information regarding upcoming election dates. 13. REPORT ON COMMITTEE MEETINGS Finance Finance Committee ommittee Councilmember Earling reported the Finance Committee reviewed proposed amendments to the Municipal Employees' Benefits Trust (MEBT). The Committee approved the plan changes and recommended it be forwarded to the full Council for discussion. He noted it was scheduled on the December 5 Council agenda. Community Community Services/Development Services Committee Services/ Develop- Councilmember Petso reported the Community Services /Development Services Committee in ment conjunction with the Public Safety Committee discussed creation of a Historical Preservation Advisory Services Committee. After discussion and revisions to the makeup of the committee, it was agreed an ordinance Committee would be presented on a future consent agenda. Next, Parks and Recreation Director Arvilla Ohlde provided an update on the Parks, Recreation and Open Space Plan including a survey of citizens. No action was taken on this item. Staff provided a presentation on a proposed interlocal agreement regarding siting of essential public facilities. The committee recommended the interlocal agreement be placed on a future consent agenda. 14. MAYOR'S REPORT Municipal Mayor Haakenson referred to the memorandum regarding a municipal court versus a district court and court said the comments he received were in favor of a municipal court, therefore, he would begin interviewing for the judge position. Mayor Haakenson reported he visited Edmonds Elementary this morning to celebrate Pioneer Days. 15. COUNCIL REPORTS IBudget Council President Miller commented on the goodwill and friendship displayed by Councilmembers in resolving budget issues. He thanked staff for their efforts between last week's meeting and this meeting and expressed his appreciation to the Council for their efforts over the past 6 -8 weeks such as attending additional budget workshops, etc. Emergency Councilmember Davis thanked the Edmonds Fire Department, Medic 7 and the staff of the Stevens Response Hospital emergency room for the service'they provided him recently. He commented citizens were lucky to live in a community that had such fine people in emergency response positions. xealtth Councilmember Orvis reported the Snohomish County Health Board passed their annual budget. The District budget represented a 1% increase over last year. With no further business, the Council meeting was adjourned at 10:15 p.m. 'SANDRA . CHASE, CITY CLERK Edmonds City Council Approved Minutes November 21, 2000 Page 15 f' �- AGENDA EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street 7:00 -10:00 p.m. NOVEMBER 21, 2000 SPECIAL MEETING 6:30 P.M. — EXECUTIVE SESSION REGARDING A LEGAL MATTER 7:00 P.M. — CALL TO ORDER FLAG SALUTE APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF NOVEMBER 14, 2000 (C) APPROVAL OF CLAIM CHECKS #44571 THROUGH #44747 FOR THE WEEK OF NOVEMBER 6, 2000, IN THE AMOUNT OF $956,469.44. APPROVAL OF CLAIM CHECKS #44748 THROUGH #44863 FOR THE WEEK OF NOVEMBER 13, 2000, IN THE AMOUNT OF $198,918.68. (D) APPROVAL OF 2001 EQUIPMENT RENTAL RATES (E) PROPOSED ORDINANCE ESTABLISHING A SPECIAL SEWER CONNECTION CHARGE FOR PROPERTIES, RESIDENTIAL DWELLING UNITS AND OTHER STRUCTURES CONNECTING TO SANITARY SEWER IMPROVEMENTS CONSTRUCTED BY LIDS AND WHICH HAVE NOT BEEN ASSESSED UNDER THOSE LIDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE 3. (5 Min.) PUBLIC HEARING REGARDING ESTABLISHING PROPERTY TAX LEVIES FOR THE YEAR 2001 4. (5 Min.) PRESENTATION BY GREGORY SULLIVAN ISAACS OF THE CASCADE SYMPHONY ORCHESTRA 5. (45 Min.) CLOSED RECORD MEETING — DECISION ON PRD- 2000 -21 AND P- 2000 -106 BASED ON THE RECORD CREATED BY THE HEARING EXAMINER IN MAKING HIS RECOMMENDATION TO THE CITY COUNCIL. THE APPLICATION IS MADE BY METCO HOMES TO ALLOW A 27 -LOT PLANNED RESIDENTIAL DEVELOPMENT (PRD) AND PRELIMINARY FORMAL PLAT. THE PROPERTY IS LOCATED AT 23415 100TH AVENUE WEST AND IS ZONED RS -8. 6. (5 Min.) SECOND READING — PROPOSED ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON GRANTING TO ADELPHIA BUSINESS SOLUTIONS OPERATIONS, INC. A NON - EXCLUSIVE FRANCHISE TO INSTALL, OPERATE AND MAINTAIN A MULTIPLE CONDUIT FIBER OPTIC TELECOMMUNICATIONS SYSTEM IN, ON, OVER, UPON, ALONG AND ACROSS THE PUBLIC RIGHTS -OF -WAY OF THE CITY OF EDMONDS, WASHINGTON; PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS AND CONDITIONS WITH RESPECT THERETO, AND ESTABLISHING AN EFFECTIVE DATE 7. (15 Min.) STATUS REPORT ON SOUND TRANSIT ACTIVITIES 8. (15 Min.) PRESENTATION BY THE SNOHOMISH COUNTY ECONOMIC DEVELOPMENT COUNCIL 9. (15 Min.) ANNUAL REPORT FROM CITY ATTORNEY SCOTT SNYDER 10. AUDIENCE COMMENTS (3 Minute Limit Per Person) 11. (30 Min.) DELIBERATIONS ON THE 2001 FISCAL YEAR BUDGET Page 1 of 2 CITY COUNCIL MEETING AGENDA NOVEMBER 21, 2000 Paae 2 of 2 12. (30 Min.) DISCUSSION AND POTENTIAL ACTION REGARDING ANNEXATION INTO SNO ISLE LIBRARY DISTRICT 13. (15 Min.) REPORT ON COMMITTEE MEETINGS 14. (5 Min.) MAYOR'S REPORT 15. (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 AT &T Cable, Channel 21. 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 21.