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12/12/2000 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES December 12, 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 STAFF PRESENT Gary Haakenson, Mayor Thomas A. Miller, Council President Dave Earling, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Dave Orvis, Councilmember Christopher Davis, Councilmember ELECTED OFFICIAL ABSENT Jim White, Councilmember Tom Tomberg, Fire Chief Kevin Taylor, Assistant Fire 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 Doug Farmen, Asst. Admin. Services Director Steve Koho, Treatment Plant Manager Rob Chave, Planning Manager Scott James, Accountant Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder Mayor Haakenson announced Don Bartholomaus passed away on Sunday, December 10. He described artholomaus Mr. Bartholomaus as a community leader who selflessly served the Chamber of Commerce for a number of years and participated in numerous City events as a volunteer including many appearances at Council meetings. One of the highlights of Mr. Bartholomaus' efforts occurred in 1994 when he and his wife of 48 years, Helen, were Grand Marshals of the 4th of July parade. Several years later Mr. Bartholomaus was proclaimed Citizen of the Year for his efforts on behalf of the Chamber of Commerce. Mayor Haakenson said Mr. Bartholomaus cared deeply for the City of Edmonds and worked tirelessly on many events. He was a true gentleman who would be missed. Councilmember Earling commented that Mr. Bartholomaus had been a friend of his for the past 20 years and was a selfless devotee of the community. Mr. Bartholomaus was a bright and shining light in any day, and even under tough circumstances, he was sought to reach a positive solution. Councilmember Earling said Mr. Bartholomaus would indeed be missed. Services will be held Saturday, December 15 at 2:00 p.m. at the Lutheran Church at Five Corners. Mayor Haakenson asked those present to join in a moment of silence in memory of Mr. Bartholomaus. 1. APPROVAL OF AGENDA COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER DAVIS, FOR APPROVAL OF THE AGENDA. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes December 12, 2000 Page 1 2. CONSENT AGENDA ITEMS Councilmember Plunkett requested Item L be removed from the Consent Agenda. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCIL PRESIDENT MILLER, FOR APPROVAL OF THE BALANCE OF THE CONSENT AGENDA ITEMS. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: (M) ORDINANCE NO. 3339 AMENDING THE PROVISIONS OF THE EDMONDS CITY a & r #3 CODE SECTION 7.30.010 DEFINITIONS TO ADD A NEW SUBSECTION 7.30.010 ter & (`n ewer Utility DEFINING EQUIVALENT RESIDENTIAL UNIT; AMENDING SECTION 7.30.030 harges RELATING TO WATER RATES TO REPEAL SECTION (D) CONNECTION CHARGE; ENACTING A NEW SECTION 7.30.035 WATER AND SEWER CONNECTION CHARGES; AND AMENDING THE PROVISIONS OF SECTION 7.30.040 UTILITY CHARGES, (A) SUBPARAGRAPHS 1 THROUGH 4 IN ORDER TO PROVIDE FOR INCREASES IN BI- MONTHLY SEWER CHARGES Edmonds City Council Approved Minutes December 12, 2000 Page 2 (A) ROLL CALL pprove 12/5 (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 5, 2000 Minutes (C) APPROVAL OF CLAIM CHECKS #45087 THROUGH #45224 FOR THE WEEK OF [Approve DECEMBER 4, 2000, IN THE AMOUNT OF $1,267,099.56. APPROVAL OF PAYROLL laim Checks CHECKS #31874 THROUGH #31088 FOR THE PERIOD NOVEMBER 16 THROUGH NOVEMBER 30, 2000, IN THE AMOUNT OF $334,168.24. laim for amages (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM STEPHANIE HALL ($288.82) eappoint- ents to cards and (E) CONFIRMATION OF REAPPOINTMENTS TO BOARDS AND COMMISSIONS ommissions (F) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT osecutor I greement J FOR PROSECUTOR SERVICES WITH JEFFREY GOODWIN (G) AUTHORIZATION FOR MAYOR TO SIGN ADDENDUM TO PURCHASING k:1 AGREEMENT WITH LUND'S OFFICE ESSENTIALS FOR OFFICE SUPPLIES, FURNISHINGS, EQUIPMENT, AND PRINTING SERVICES orth Bend (H) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT WITH THE ;osolids CITY OF NORTH BEND FOR DISPOSAL OF BIOSOLIDS umner 1 (I) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT WITH THE iosolids J CITY OF SUMNER FOR DISPOSAL OF BIOSOLIDS (J) APPROVAL OF FINDINGS OF FACT FOR A CLOSED RECORD MEETING HELD ON Findings SEPTEMBER 21, 2000, REGARDING THE APPLICATION BY METCO HOMES TO Fact — Met co PRD & ALLOW A 27 -LOT PLANNED RESIDENTIAL DEVELOPMENT AND PRELIMINARY Formal Plat FORMAL PLAT. (File Nos. PRD- 2000 -21 and P- 2000- 105/Property: 23415 100 " Avenue West) eso #990 — ommending (K) RESOLUTION NO. 990 COMMENDING THOMAS A. MILLER FOR SERVING AS Tom Miller COUNCIL PRESIDENT (M) ORDINANCE NO. 3339 AMENDING THE PROVISIONS OF THE EDMONDS CITY a & r #3 CODE SECTION 7.30.010 DEFINITIONS TO ADD A NEW SUBSECTION 7.30.010 ter & (`n ewer Utility DEFINING EQUIVALENT RESIDENTIAL UNIT; AMENDING SECTION 7.30.030 harges RELATING TO WATER RATES TO REPEAL SECTION (D) CONNECTION CHARGE; ENACTING A NEW SECTION 7.30.035 WATER AND SEWER CONNECTION CHARGES; AND AMENDING THE PROVISIONS OF SECTION 7.30.040 UTILITY CHARGES, (A) SUBPARAGRAPHS 1 THROUGH 4 IN ORDER TO PROVIDE FOR INCREASES IN BI- MONTHLY SEWER CHARGES Edmonds City Council Approved Minutes December 12, 2000 Page 2 rd #3340 (N) ORDINANCE NO. 3340 APPROVING 2001 SALARIES FOR NON - REPRESENTED alaries 2001 EMPLOYEES ,. ; Addendum to (0) AUTHORIZATION FOR MAYOR TO SIGN ADDENDUM TO PROFESSIONAL Baring Examiner SERVICES AGREEMENT FOR HEARING EXAMINER SERVICES WITH RONALD Agreement MCCONNELL Pend Judge [Pro Term (P) AUTHORIZATION FOR MAYOR TO EXTEND CURRENT AGREEMENTS FOR IC,ntracts JUDGE PRO TEMS KATHLEEN FIELDS, KRISTEN ANDERSON, AND DOUGLAS FAIR Item L: Proposed Ordinance Establishing an Historic Preservation Advisory Committee Councilmember Plunkett requested Section 1 of the ordinance be revised to indicate a committee consisting of eight members rather than seven members, pointing out the membership the Community Services Committee agreed to and the description of the Historic Preservation Advisory Committee in the staff memo totaled eight members. Ord #3338 Historic COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCIL PRESIDENT MILLER, Preservation FOR APPROVAL OF ORDINANCE NO. 3338 ESTABLISHING AN HISTORIC PRESERVATION Advisory ADVISORY COMMITTEE WITH THE REVISION TO EIGHT MEMBERS. MOTION CARRIED Committee UNANIMOUSLY. Recognition of 3. PRESENTATION OF RESOLUTION AND PLAQUE TO COUNCIL PRESIDENT THOMAS A Council MILLER President Tom Nfiller Mayor Haakenson explained Council President Miller served as Council President for the past 18 months. Mayor Haakenson read and presented Council President Miller with a resolution thanking him for his service to the City Council as Council President. Council President Miller was presented with a plaque recognizing his contributions as Council President. Mayor Haakenson expressed his appreciation to Council President Miller for his efforts and said it had been an extreme pleasure working with him over the past year. Council President Miller expressed his pleasure for the opportunity to work with each Councilmember. He thanked Mayor Haakenson for the privilege of working with him and for his cooperation and excellent communication with the Council. JWRIA s 4. PRESENTATION REGARDING PARTICIPATION IN WATERSHED RESOURCE INVENTORY terlocal greement AREA (WRIA) 8 INTERLOCAL AGREEMENT Development Services Director Stephen Clifton recalled during his presentation regarding the Endangered Species Act (ESA) at the November 28 Council meeting, he mentioned further information would be provided at tonight's meeting regarding Watershed Resource Inventory Area (WRIA) 8 and that he planned to invite Suburban Cities Association Executive Director Deb Eddy to present additional information regarding the City's participation in WRIA 8. He said staff recommends participation,in the WRIA 8 Interlocal Agreement. Deb Eddy, Executive Director, Suburban Cities Association, distributed a brochure describing the Suburban Cities Association along with answers to questions regarding the interlocal agreement. In lieu of a presentation, Councilmembers agreed to proceed directly to questions and answers. Edmonds City Council Approved Minutes December 12, 2000 Page 3 C P. Council President Miller requested clarification on the requirement for a double majority on certain votes. Ms. Eddy explained due to the difficulty of structuring�,an agreement where all cities felt like equal participants as a result of disparities in population, the double majority method was used. This requires a majority vote under the weighted voting scheme, plus a majority of all parties to the contract. Councilmember Davis inquired about the end product and the timeframe. Ms. Eddy answered it was difficult to provide a timeframe due to the substantial amount of information that is not yet known. The intent for the technical work was to develop information regarding what needed to be done to restore habitat. Within that limited scope, it was anticipated the work could be completed within three years although the agreement included a provision to extend to five years if necessary. Councilmember Plunkett pointed out although the City may participate in the Interlocal Agreement and have a member of the Council work with the group, the City was not bound by any policy the group created. Ms. Eddy agreed, explaining the cities agreed it was necessary to maintain the ability for each city to fashion its compliance strategy on its own. She said the intent was to provide a means to conduct cooperative work and leverage individual dollars toward a plan while leaving individual policy decisions to each city. Councilmember Plunkett asked how the City could get out of the Interlocal Agreement. Ms. Eddy explained the agreement contained a 60 -day termination clause. Due to the necessity to fund staff positions, however, once the next year's budget was approved, unless a city provided the 60 -day notice of termination, they would be expected to provide funding for the coming year. Councilmember Earling requested clarification regarding representation by member cities. Ms. Eddy answered at the time the Interlocal Agreement was developed, it was on a county by county basis although the WRIA boundaries do not observe political boundaries. At this time, any general purpose jurisdiction in Snohomish County can join as a party to the contract and can be assured a seat on the forum (the decision making body). COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE SUPPORTING CITY PARTICIPATION IN AND ADOPTING THE INTERLOCAL AGREEMENT FOR THE WATERSHED BASINS WITHIN WATER RESOURCES INVENTORY AREA 8 AND APPROPRIATING $10,212 FROM THE COMMUNITY SERVICES DEPARTMENT ENDING CASH BALANCE. MOTION CARRIED UNANIMOUSLY. PEwthquake/ St ud m� sunaSt 5. PRESENTATION BY ROBERT GOODWIN ON EARTHQUAKE/TSUNAMI STUDY PROJECT Development Services Director Duane Bowman explained Mr. Goodwin was working on a model grant program that would select a community from Oregon and Washington. Edmonds was one of eight Washington cities identified as a potential for application of the grant. The city of Newport, Oregon has already been selected and they are in the process of selecting a Washington City. Mayor Haakenson declared a brief recess due to technical difficulties. Council agreed to proceed to the next agenda item while staff resolved the technical difficulties. f 341 6. ORDINANCE NO. 3341 AMENDING THE 2000 BUDGET AS A RESULT OF UNANTICIPATED d 2000 TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS t Assistant Administrative Services Director Doug Farmen introduced Accountant Scott James, who compiled much of the data for the budget amendment and explained one of Mr. James' responsibilities was to monitor the 40 funds within the City's budget. Edmonds City Council Approved Minutes December 12, 2000 Page 4 Mr. Farmen explained a budget amendment was proposed twice per year; per State law, the City was required to remain within budgeted appropriations as adopted by the City Council. Any unanticipated transfers or increase in appropriations required a budget amendment. He explained this was done twice a year via ordinance rather than each time an expenditure was approved by the Council. He requested approval of a budget appropriation of $1.573 million, bringing the City's total budget to $54,010,800. He referred to Table 1 which included items totaling $673,470 that had been previously approved by the Council. Councilmember Petso referred to the $22,000 expenditure approved by the Council in 1998 for ladder truck equipment and asked if the ladder truck had been received. Mayor Haakenson advised the ladder truck was in the Public Works Fleet Maintenance shop. Council President Miller pointed out Table 1 ($673,470) and Table 2 ($526,860) totaled $1.199 million. Mr. Farmen said per the State Auditor, the City was required to double budget some items as they were transfers from one fund to another; the City budgets for the transfer and the appropriation from the fund where the monies will be expended. He said there were $365,000 in those type of transfers in Table 1. Mr. Farmen reviewed items in Table 2 (new items for Council approval). The first item was $107,500 to Sno -Isle Library due to a shortfall in the 1999 budget due to annexations. Councilmember Petso asked if the $107,500 would have been included in the calculation that determined Edmonds contribution was 8% and the circulation was 9 %. Mr. Farmen answered yes. The second expenditure request was $121,000 in Police Salary, overtime. Mr. Farmen explained $21,000 in overtime expenses was due to one of the City's officers teaching at the Washington Academy; these expenses are recouped via revenues from the Washington Academy Police Contract. The remaining $100,000 was due to unbudgeted salaries and overtime to fill in for seven officers who sustained injury during the year. Councilmember Davis asked whether the salary and overtime expenditures were anticipated prior to a few months ago. Mr. Farmen answered the Police Department would have been over - budget whenever the injuries were incurred. However, since the budget was only amended twice per year, this may be the only time, other than the monthly financial reports, that Council may have been informed the Police Department was over - budget in these areas. Mr. Farmen explained the third item was $6,430 in Fire Department overtime paid to instructors who teach Fire Training classes. Approximately $12,000 was recouped from other jurisdictions who attend the training. The fourth request, $6,000 for Fire Department staff vehicle replacement, was also recouped via the Fire Department training class revenues. The fifth item was $25,000 in Recreation program expansion /added revenue. Mr. Farmen explained the City incurred $25,000 in professional services for a Skyhawks program and recouped approximately $45,000 in revenue. The sixth item, a $200 expenditure for employee parking permits, was necessary to purchase permits. The seventh item was a $7,500 transfer to the General Fund to eliminate the City Enterprise Fund due to no activity. The eighth item, $182,440 in increased water supply purchases, was recouped via revenues from water billings. The ninth item was a $40,000 increase in fuel costs due to unbudgeted /higher oil prices. Edmonds City Council Approved Minutes December 12, 2000 Page 5 The tenth item, a $30,640 expenditure for the Firemen's Pension, was due to retroactive pay adjustments as a result of labor contracts. The final item, $150 for the Special Library Fund, was to cover materials for Library Board minutes. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCIL PRESIDENT MILLER, TO APPROVE ORDINANCE #3341 AS RECOMMENDED. Councilmember Davis said he would not support the motion due to his difficulty with supporting $500,000 in items that came up at the end of the year. Although they had been explained, the City approved a budget and expenditures should be more in line with the budget, particularly overtime. MOTION FAILED DUE TO LACK OF A SUPER MAJORITY; THE VOTE WAS 4 -2, COUNCIL PRESIDENT MILLER, COUNCILMEMBERS EARLING, ORVIS, PLUNKETT IN FAVOR, AND COUNCILMEMBERS PETSO AND DAVIS OPPOSED. City Attorney Scott Snyder advised this matter required a majority +1 vote of the Council as a whole to pass. Councilmember Petso inquired about the consequences of the Council not passing this ordinance. Mr. Snyder referred to RCW 35A.33.120, where it indicates the Mayor may make transfer between funds during the course of the year, noting the Council has approved many of these items. If the motion failed to pass, the items that represented new appropriations and expenditures could not be made at yearend. The Council would be prohibiting a bookkeeping function for the items previously approved by the Council and within the Mayor's discretion to make transfers between funds. Councilmember Petso inquired about the Police Department overtime that had already been paid. Mr. Snyder read from RCW 35A.33.120, which states transfers between individual appropriations within any one fund may be made during the current fiscal year by the order of the Chief Administrative Officer. Therefore, salary expenditures are within the Mayor's authority to approve. Councilmember Petso offered to change her vote for the convenience of those involved but shared Councilmember Davis' concerns., She requested this issue be discussed at the Council retreat. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCIL PRESIDENT MILLER, TO APPROVE ORDINANCE NO. 3341. MOTION CARRIED, COUNCILMEMBER DAVIS OPPOSED. Administrative Services Director Peggy Hetzler explained it had been the Council's long- standing practice to accumulate adjustments and amend the budget twice per year rather than making small budget adjustments at nearly every Council meeting. She said all the items in Table 1 had been previously approved by the Council. It had been anticipated the items in Table .2 would require year end adjustments, particularly the Sno -Isle expenditure since the Perrinville annexation occurred after the 2000 budget was adopted. She said the Police Department overtime has not been a large concern as $121,000 was a small portion of their $4 million budget. The appropriation would fund the overtime from the 007 Fund, a legitimate use of those funds. Ms. Hetzler stated several of the items in Table 2 related to the City's utility funds and did not represent unanticipated expenditures. The City sold more water than budgeted and therefore purchased more water; the appropriation was additional expenditures as well as additional revenue and had no net impact on the budget. Staff was also aware fuel costs were increasing substantially. She pointed out the City adopted its budget at the total fund level; therefore, any budget variances were reported to the Council and the budget adjusted accordingly. Edmonds City Council Approved Minutes December 12, 2000 Page 6 rmthquake/ 1 5, PRESENTATION BY ROBERT `GOODWIN ON EARTHOUAKE/TSUNAMI STUDY PROJECT sunami Stud (Continued) Robert Goodwin, Coastal Resource Specialist, Washington Sea Grant Program and School of Marine Affairs, explained the purpose of his presentation was to explore a partnership with a Puget Sound community to undertake an earthquake- tsunami hazard reduction demonstration project. Six other communities in Washington are being considered who would make a good partner due to risks and hazards they faced and the size and nature of their waterfronts. Mr. Goodwin provided a presentation that illustrated risks and hazards associated with earthquakes and tsunamis in Puget Sound and described damage caused by a tsunami in Japan. He listed the other partners in the project including US Geological Service, National Oceanic and Atmospheric Association (NOAA), and Pacific Marine Environmental Lab. He explained the reason the project was being undertaken was the high risks of Puget Sound ports associated with seismic effects. Mr. Goodwin stated the objective of the project was to increase the awareness of ports and harbors to earthquake- tsunami hazards. He explained no local funds were required, the only investment would be time. He said the end result of the project would be development of specific strategies to reduce earthquake- tsunami hazards. The presentations /interviews with Washington communities would be completed in late December /early January. In late January, they would be seeking a partnership with the community that was the best fit for the project. Once the community is identified, he would return to the City and Port seeking a joint resolution to engage in a partnership. Councilmember Petso asked if he had spoken with the Port of Edmonds yet. Mr. Goodwin acknowledged he made a similar presentation to the Port 2 -3 weeks ago. Although the Port did not make a formal commitment, they have expressed interest. Mr. Bowman said the Port would need to participate in the project as a major stakeholder. By participating in this project, a mitigation plan would be developed for the City that would address the issue of earthquakes and tsunamis which would assist with receiving FEMA funds in the event of a disaster. If the Council was supportive of this project, Mr. Bowman stated a motion of support would be appropriate. He pointed out this would not commit the Council to any action. Councilmember Petso asked if it would be worthwhile for the City to participate if the Port did not. Mr. Bowman answered no, all major stakeholders would need to participate. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO AUTHORIZE THE CITY'S PARTICIPATION IN THE EARTHQUAKE - TSUNAMI PROJECT CONTINGENT ON THE PORT OF EDMONDS' PARTICIPATION. MOTION CARRIED UNANIMOUSLY. 7. WORK SESSION — PROPOSED AMENDMENTS TO THE EDMONDS COMMUNITY lCommunity DEVELOPMENT CODE CREATING NEW CHAPTERS 17.40.050 (NON - CONFORMING acilities COMMUNITY FACILITIES) AND 17.65 (PERFORMANCE STANDARDS FOR COMMUNITY FACILITIES) AND AMENDING CHAPTERS: 16.20 — RS (SINGLE FAMILY RESIDENTIAL); 16.30 — RM (MULTIPLE FAMILY RESIDENTIAL); 16.45 — BN (NEIGHBORHOOD BUSINESS); 16.50 — BC (COMMUNITY BUSINESS); 16.53 — BP — (PLANNED BUSINESS); 16.55 — CW (COMMERCIAL WATERFRONT); 16.61 — MU (MEDICAL USE); 16.80 — P (PUBLIC USE); AND CHAPTER 21 (DEFINITIONS) Planning Manager Rob Chave explained as a follow -up to the Council's public hearing on community facilities, staff assembled a number of the suggestions from the Council (Exhibit 1). Also provided in Edmonds City Council Approved Minutes December 12, 2000 Page 7 the packet were additional staff observations "including a' proposal that one way to address most of the suggestions was to institute a Conditional Use process for churches and schools. He suggested a 5 -year review period as part of the Conditional Use process so that after a CUP was issued, a review would be conducted every five years to consider a traffic study, whether the capacity changed, whether there were additional impacts on the neighborhood, etc. The 5 -year review would allow staff to identify and mitigate any new impacts; if there were no changes, the CUP would be allowed to continue without any additional conditions or mitigations. He commented not all existing schools and churches would be granted an initial 5 -year permit at the same time due to impacts on staff. Staff would establish a schedule so that the 5 -year reviews were staggered. Mr. Chave recalled there had been some previous discussion by Council regarding how to equate traffic impacts of churches versus schools. Staff referred to the Traffic Generation Manual of the Institute of Traffic Engineers in an attempt to compare traffic impacts of churches and schools. The only method that seemed appropriate was to consider when the most significant impact occurred; the AM peak was identified by Traffic Engineers as the most significant traffic generation period and typically Sunday morning for churches. Using the Planning Board's recommendation of 60,000 square feet as a reasonable size elementary school to be permitted in a residential neighborhood without a CUP, that would equate to a church of approximately 22,000 square feet. If the Council was agreeable to a CUP with a 5 -year review, the need for this comparison would be eliminated and traffic impacts evaluated via a traffic analysis every five years. Mayor Haakenson asked Mr. Chave to describe the background on this matter for the audience. Mr. Chave explained the Planning Board has considered community facilities for the past two years and held a series of public hearings earlier this year to solicit input for residents, the school district, churches, etc. He explained community facilities impact many facilities including schools, churches, service clubs, etc., and although the Planning Board's proposal did not please everyone, the Planning Board agreed their proposal was a reasonable approach that attempted to mitigate the impacts. Mayor Haakenson commented the City Council also held a public hearing on November 6 and agreed to continue the public hearing to a future date. Mr. Chave said as a result of the Council's public hearing, it was agreed individual Councilmembers would submit suggestions to determine if amendments could be made to clarify issues regarding the Planning Board's draft. He said if Council reached consensus tonight, staff would then advertise the revised proposal with the amendments for another public hearing before the Council. He commented the City's mailing list for the public hearing was very extensive. City Attorney Scott Snyder explained Washington law and national law requires the City to allow churches and schools as permitted uses in residential neighborhoods. The purpose of the CUP would be to require appropriate conditions to mitigate traffic, noise, light, and other impacts on the surrounding community and review it on a periodic basis so that as the facilities grow, the Council has an opportunity to determine whether additional conditions are appropriate. If the additional conditions were not met, the facility would become nonconforming and would be required to adhere to their original size. Mr. Snyder said staff's suggestion to require a CUP could apply to all facilities, or a threshold could be established such that a 60,000 square foot school and a 22,000 square foot church would be allowed as an outright permitted use and larger facilities would require a CUP. Councilmember Plunkett clarified that if a CUP was required for all community facilities, the CUP applied to churches and elementary schools would be different than the CUP applied to a high school. Edmonds City Council Approved Minutes December 12, 2000 Page 8 Mr. Snyder answered it could be. He explained one approach- would be to establish a threshold for facilities that did not require a CUP. Another approach would be to require a CUP on all community facilities so that their growth could be monitored via the 5 -year review. Mr. Snyder explained the Council was familiar with CUP to determine whether a use was appropriate. Constitutionally, churches were appropriate residential uses and the City's only ability to regulate churches -was to mitigate the impacts on the surrounding neighborhood and community. Therefore, the CUP would refer to the conditions that would be imposed to prevent the facility from having negative impacts from traffic, parking, noise, signage, lighting, outdoor uses, etc. The City has a duty to accommodate churches within the community and the ability to regulate is limited to the secondary impacts not the exercise of religion. He agreed this would be a slightly different CUP than would be applicable to businesses for example. For Councilmember Plunkett, Mr. Snyder explained if the Council made a decision to require a CUP for elementary schools and churches, the process would be the same but the requirements, thresholds, where it could be located, how impacts were mitigated, etc. could potentially be greater for a mega church or high school than for an elementary school. Mr. Chave said the procedure would essentially be the same but the standards for review could vary. Mr. Snyder added that a traffic study every five years may not be appropriate for a small church and elementary school that had little opportunity for expansion or change. Therefore, the goal would be to establish a threshold that excluded such uses. The City was most concerned with facilities that would have an opportunity to expand. Mr. Chave pointed out if the Council did not require a CUP for a small elementary school or church, via SEPA, the school district always conducts a traffic study for an elementary school to analyse issues such as sidewalks, circulation, parking, etc. Responding to further questions, Mr. Chave stated if the Council agreed the Planning Board's threshold of 60,000 square feet for an elementary school and equivalent church was a reasonable threshold, everything above that size including high schools, would require a 5 -year CUP. Mr. Snyder recalled the concern expressed by the Council was incremental growth of a use in a residential neighborhood that over time becomes more than the neighborhood could bear and how the Council would address that, particularly in light of federal law. Allowing a use as outright permitted, it may become nonconforming over time but due to federal requirements for accommodation for churches, the City would not have tools, to regulate or require additional mitigation. Having a periodic review via a CUP, provided the City a tool to address incremental growth. He said the issue with a CUP was whether to establish a threshold or require a CUP for all facilities. Councilmember Orvis inquired how many nonconforming churches there were in the recently annexed areas in the south end of the City. Mr. Chave was uncertain of the exact number. Mr. Snyder explained nonconforming churches was one of the reasons this process was initiated, because the City's current nonconforming use provisions prohibit expansion but State and federal law require the City to accommodate the exercise of religion. Councilmember Orvis pointed out that as a general principle, the City could not be more restrictive for churches than schools but can be more restrictive for schools than churches. Mr. Snyder agreed. Council President Miller asked what the legal basis was for being less restrictive for churches than schools. Mr. Snyder answered basically it was a First Amendment issue. The federal and state constitutional law requires the City to accommodate the free exercise of religion and speech. For Edmonds City Council Approved Minutes December 12, 2000 Page 9 1 example, the City cannot place a restriction on a political sign that would not be imposed on a commercial sign such as real estate sign. Similarly with. churches, the City cannot place a more restrictive requirement on them that would not be imposed on any commercial or public facility. Council President Miller observed the City could exempt churches and elementary schools from the CUP requirement or just churches. Mr. Chave agreed. Council President Miller asked what the affect would be of exempting churches from a CUP. Mr. Snyder said the difficulty would be the incremental growth. A successful growing church may expand and become a different neighbor than it once was. By exempting all churches, the City would lose its ability to address growth and ensure the impacts on the neighborhood are mitigated. Council President Miller observed the secondary impacts of a church or school was the reason the City would require a CUP. He asked if public safety could be one of the requirements. Mr. Snyder answered the City has been unable to locate any statistical basis similar to that for adult entertainment, for example, that would require significant limitations /prohibitions on the use based on secondary law enforcement impacts. Traffic, however, from a public safety standpoint could be considered. Mr. Chave said public safety issues such as traffic signals, walkways, etc. were directly related to safety, could be considered. Council President Miller asked how traffic could be mitigated. Mr. Chave answered typically a traffic study would consider vehicular as well as pedestrian traffic, identify walkways to and from a school as well as safe crossings. Council President Miller pointed out 80 -90% of the City did not have sidewalks. If pedestrian traffic to a school was a concern, could the mitigation be to require sidewalks. Mr. Chave said the mitigation measure must be directly related to the impact, therefore, the distance offsite that a sidewalk could be required would be limited. The City's adopted walkway plans will be updated next year which could significantly have an impact on mitigation for schools, churches and other community facilities. When the Council reviewed the walkway plan, he recommended consideration be given to how well it addressed the needs of community facilities. Mr. Snyder said the City currently allows a developer to make a monetary contribution to the City's sidewalk plan which must be expended within the statutory six year period for sidewalks in the area the construction occurred. This assists the City in developing sidewalks in a coordinated manner rather than small areas of sidewalks being constructed as development occurs. Council President Miller commented high schools and grade schools had been defined in the document but middle schools had not been identified. Mr. Chave explained during the Planning Board review, they requested staff provide studies that would illustrate a difference in the impacts of middle, elementary and high schools that needed to be mitigated. The Planning Board found no evidence in their public hearing that indicated additional mitigation should be required for a middle school. No other jurisdictions the Planning Board reviewed differentiated between middle and other schools; middle schools were included with elementary schools K -8 or there was no differentiation made between schools. Mr. Snyder said there was nothing in the Planning Board's records that would provide an adequate legislative record to regulate middle schools more stringently. Councilmember Petso recalled previous discussion regarding reports on trip generation indicated middle schools had a higher AM peak, nearly as high as a high school PM peak. She asked if that would be an adequate basis for distinguishing between middle and elementary schools. Mr. Chave said in the Planning Board record, the school district indicated every school is different and there were no middle schools in the district for comparison. The data provided was compiled from national sources. The school district provided information substantiating differences between schools due to variables such as Edmonds City Council Approved Minutes December 12, 2000 Page 10 bus ridership, walking distance, etc. Mr. Chave said if a school was entirely a middle school, not K -8, it could have a CUP applied to it. However, if the Council was considering not requiring a CUP for a K -8 school of a certain size, there was a basis in the record for that distinction. Councilmember Petso asked if there were other events that would require a CUP review. Mr. Snyder said the City currently has a process for CUPS that allows three neighbors or City staff to initiate a review on a nuisance basis and allows imposition of additional conditions to mitigate or eliminate the nuisance. He pointed out that would be a much more restrictive review than the 5 -year CUP review, restricted to only the nuisance issue. During the 5 -year review, staff would review all conditions. Councilmember Petso asked if a permit for expansion would trigger a review. Mr. Snyder advised the CUP would include the factual basis for the conditions including estimates of size, hours of operation, uses, etc. If additional uses were added, additional CUP conditions could be required. Mr. Chave said at the time a building permit was submitted, staff would also review the underlying CUP. Councilmember Petso observed staff's recommendation for the CUP process and the 5 -year review, also included taking the standards out of the ordinance and applying them during the CUP process. Mr. Chave said if the Council established thresholds, they would need to be specified in the ordinance. Councilmember Petso referred to a citizen's letter that suggested sidewalks from the school to an arterial be required for all schools and asked if that was allowed. Mr. Chave answered there would need to be a clear basis for requiring the sidewalk. Mr. Snyder said the US Supreme Court Takings Law requires the mitigation measures the City imposes to be rationally related to the impacts. He said mitigation costs could not be imposed on any use that was greater than the impacts. Any additional sidewalks would need to be constructed by the City or school district. Councilmember Petso said another suggestion in the citizen's letter was to require students be kept on campus during normal school hours and asked if that was a possibility. Mr. Snyder answered no, that would be similar to curfew laws which have been repeatedly struck down by State courts. Councilmember Petso asked if staff planned to eliminate schools from the definition of local community facilities. Mr. Chave answered yes as long as how they were regulated was clearly indicated in the code. Councilmember Petso asked how established uses would be addressed such as the Restlawn Cemetery. Mr. Chave said the intent was those would be local public facilities. Councilmember Petso asked staff to address the issue of delaying the implementation of the ordinance so the residential areas zoned "P" (Public) could be changed. Mr. Chave stated staffs recommendation was not to delay implementation of the community facilities ordinance until the Planning Board reviewed all "P" zoned properties as that likely would take some time. Most all "P" zones are in the established area of the City and applied to existing parks, schools, etc., uses that were not likely to change. The concern that arose previously was in reaction to prospective "P" zones in areas that were currently zoned residential and may not currently be used for school purposes. Council President Miller suggested rather than discussing amendments, that a second workshop be scheduled in January. COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER EARLING, TO EXTEND THIS ITEM FOR 10 MINUTES. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes December 12, 2000 Page 11 Councilmember Orvis asked whether a CUP review would be required if a church wanted to open a food bank. Mr. Snyder answered yes, if a traffic study was conducted based on specific uses because the change of use would alter the traffic patterns upon which the CUP was granted. The City's role would not be to prohibit the food bank but to ensure appropriate mitigation measures were imposed for the impact of the traffic. For example, if the food bank received deliveries via large trucks, the mitigation could be to limit the hours of delivery and operation to limit impacts on the neighborhood. Councilmember Orvis observed the church may then be required to expend funds. Mr. Snyder agreed. Mr. Chave said the Council could establish a threshold for exceeding the CUP. Councilmember Orvis asked if a threshold could be established based on the size as well as the location, for example a church on Edmonds Way would require less review than a church not on an arterial. Mr. Snyder answered individual factors could be considered. He pointed out for a church located on a major arterial, particularly a State highway such as Edmonds Way, level of service becomes a consideration. Councilmember Earling asked how growth in a facility would be determined. Mr. Chave said staff would develop a survey /checklist to be completed by the church or school asking if any changes had occurred. He said staff could also provide notice to the community and provide an opportunity to challenge the information. Mr. Snyder said staff would not be counting parishioners; growth would be based on square feet. Mr. Chave said traffic information was based on square footage, not number of seats. He said many jurisdictions based the size on the square footage of the main meeting hall. Councilmember Earling asked how staff would gear up for the 5 -year review process. Mr. Chave said staff would determine how many community facilities existed and how many could be processed in a year and perhaps establish an initial review of 5. -7 years. Council President Miller preferred the public hearing solicit input regarding thresholds. Councilmember Petso suggested staff revise the ordinance with the thresholds established by the Planning Board such as 60,000 square feet, 1,200 feet from an- arterial, etc. with the understanding the threshold were subject to revision. Councilmember Davis agreed. Councilmember Orvis preferred the Council have an opportunity to review /discuss the draft before the public hearing. Councilmember Earling suggested rather than each Councilmember suggesting amendments, another workshop be scheduled to consider amendments followed by a public hearing or use the Planning Board's recommendation to establish thresholds for the public hearing. Councilmembers Orvis and Plunkett agreed with the suggestion to schedule another workshop. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO SCHEDULE THIS AGENDA ITEM FOR ANOTHER WORKSHOP ON JANUARY 23, 2001. Mr. Snyder suggested staff develop options including requiring all community facilities have a CUP and thresholds using the Planning Board's recommendation. MOTION CARRIED UNANIMOUSLY. exafion - 8. DISCUSSION AND POTENTIAL ACTION REGARDING ANNEXATION INTO SNO ISLE Isle LIBRARY DISTRICT ary 'd Councilmember Earling requested staff address the cost of the Levy Lid Lift versus the $0.50 per $1,000 of assessed value cost of annexation. Administrative Services Director Peggy Hetzler explained based Edmonds City Council Approved Minutes December 12, 2000 Page 12 on the City's current valuation and pr6jechons of the payment to Sno -Isle next year, the cost would be approximately $0.36 per $1,000. Councilmember Earling referred to the information provided by Sno -Isle regarding the percentage of the cost of operating the Edmonds library that would be collected through annexation. It indicated the cost of operating the Edmonds library was $1,424,324 (1999 figures). Had Edmonds been annexed to the system in 1999, the contribution at $0.50 per $1,000 would have been $1,402,402, not quite paying for the operating cost of the library. Ms. Hetzler agreed. Councilmember Earling asked where the City was in the assessment cycle. Ms. Hetzler answered the City was in the second of a four year cycle. Councilmember Earling asked how much $0.36 per $1,000 generated. Ms. Hetzler answered approximately $1.1 million, the current contribution level. Councilmember Earling asked whether a Levy Lid Lift could be permanent. Ms. Hetzler answered yes. Councilmember Earling asked if an inflation factor could be included. Ms. Hetzler answered no. Councilmember Earling observed the only increase would be due to increase in assessed valuation or another vote. Ms. Hetzler said the .amount could also be increased by the 6% allowable annual increase (or 2% if that limit is imposed by I -722). Art Weeks, Director of Sno -Isle Regional Library System, said the current contract was $0.36 per $1,000; if /when the unified contract was renegotiated, the Levy Lid Lift would not address that increase. He pointed out it was the stated objective of Sno -Isle to renegotiate the contract in the future. He urged the Council to move forward with annexation due to the mutual gain. This would allow voters to make a statement regarding funding for the library and service they receive from the system as well as provide stability for library funding. He said although .extra funds would be generated, the library was operated as a district and Edmonds reaped a benefit from the district. Statistics indicate 23% of the circulation activity from Edmonds residents was a result of their visiting other libraries in the district, and website opportunities. He said the library was also willing to discuss necessary items in a new partnership such as the roof. Sno -Isle was interested in determining how the annexation would be acceptable to the Council and citizens of Edmonds. Mr. Weeks commented there was a sense of urgency due to the opportunity for voters to approve annexation before June 1 so that annexation could take place by 2002. He estimated the issue could be placed on the May 15 ballot. This would require it be submitted to the auditor 45 days prior to May 15, which requires it be submitted to the Snohomish County Council 30 days prior to submission to the auditor. In order to be submitted to the Snohomish County Council, the Edmonds City Council must approve .an ordinance which must be reviewed and approved by the Sno -Isle Regional Library Board. He emphasized the City -did not need to cancel its contract with Sno -Isle in order to move ahead with annexation. Councilmember Orvis observed the City's 1999 contribution to Sno -Isle was $1,011,446 and total circulation by Edmonds residents from all libraries was 383,537. He asked if the circulation included residents in unincorporated Snohomish County with Edmonds addresses. Mr. Weeks answered no, it was only City of Edmonds residents. Councilmember Orvis asked what Sno - Isle's total operating budget and circulation was. Mr. Weeks answered 1999 expenditures were $18,510,417 and the total circulation in 1999 was $4,710,236. Councilmember Orvis stated the average cost per circulation for the system was $3.39 and Edmonds residents paid $2.64. Councilmember Orvis recalled the information Sno -Isle provided indicated Edmonds paid 8% of the system's total operating budget and generated 9% of the circulation. Mr. Edmonds City Council Approved Minutes December 12, 2000 Page 13 Weeks said as a system, the library did'not try to measure dollar for dollar as there were several small communities and the library service was provided as a whole. He pointed out the percentages would also vary from year to year. He emphasized the service the Sno -Isle Library offered represented a responsible use of the funds collected in the City. Regarding the 8% funding and 9% circulation, Councilmember Earling referred to the sentence in Mr. Week's materials that indicated this demonstrated near equity in cost versus output in 1999 but it is a figure that will move from year to year. He asked Mr. Weeks to provide information indicating how those percentages varied over the past 3 -4 years. Councilmember Earling asked how much of the funding was provided by unincorporated areas of the counties. Mr. Weeks answered approximately 50 %. Councilmember Earling said Edmonds contribution and circulation figures were fairly close as compared with other cities. Council President Miller observed Edmonds contributed $1,011,000 in 1999 and the cost to operate the Edmonds library was $1.4 million, requiring Sno -Isle to provide approximately $400,000 to subsidize the Edmonds library. However, Lynnwood who has a population of 32,900 contributed $892,619 and the cost to operate the Lynnwood library was $2.47 million, requiring Sno -Isle to substantially subsidize the Lynnwood library. Mr. Weeks answered Lynnwood was a magnet center, drawing patrons from a wide radius and circulation was beyond city residents. Lynnwood is also the reference center and additional resources that benefit the entire system are located in Lynnwood. He pointed out 11% of Edmonds' circulation came from the Lynnwood library. He said Marysville was also a magnet center that drew from a wider area than just the city of Marysville. Edmonds tends to have a higher circulation to Edmonds residents. Council President Miller commented as the Council considered this issue, stability was an important factor. If a decision was made to pursue a Levy Lid Lift, he asked if Sno -Isle could extend the City a long term contract so that the City could establish a Levy Lid Lift based on that fixed cost. COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER DAVIS, TO EXTEND DISCUSSION OF THIS ITEM FOR 10 MINUTES. MOTION CARRIED UNANIMOUSLY. Arch Fonkin, Chief Financial Officer, Sno -Isle Regional Library System, stated the Library Board has indicated they were not interested in negotiating any contracts, particularly long term, at less than the full levy rate of $0.50 per $1,000. Council President Miller asked if any cities not annexed to the system currently had a contract in excess of one year. Mr. Weeks answered the current contract was negotiated with the nine contracting cities and all cities operated under the same, unified contract. Councilmember Petso asked if under the unified contract Lynnwood was paying the same $0.36 per $1,000. Mr. Fonkin answered the formulas were the same for all cities but the starting points were slightly different, therefore, each city pays a slightly different amount per $1,000. Councilmember Petso asked how much Lynnwood paid per $1,000. Mr. Fonkin answered approximately $0.40 per $1,000. Councilmember Orvis said the City's $1,011,000 contribution in 1999 was actually only 5% of the total operating costs. Mr. Weeks advised it was 8% of the $1,424,325 of the 1999 expenditures to operate the Edmonds library. Mr. Weeks said inequities between contract cities was one reason the Library Board Edmonds City Council Approved Minutes December 12, 2000 Page 14 wants to pursue annexation, to achieve equity and fairness:' He said annexation has also been discussed with Lynnwood. Councilmember Davis observed the funds contributed by residents in unincorporated Snohomish County with an Edmonds address (paying $0.50 per $1,000) who use the Edmonds library were not reflected in any of the figures. Mr. Weeks said people in unincorporated Snohomish County with an Edmonds address circulated 37,000 from the Edmonds library, 28,000 from the Lynnwood library and 49,999 from the Mukilteo library. Councilmember Davis reiterated the amount contributed by residents in unincorporated Snohomish County with an Edmonds address was not reflected in Edmonds' payment. Mr. Weeks pointed out as a library system, it was difficult to capture contributions and circulation community-by- community; patrons had the opportunity to use the library they found most convenient. Council President Miller asked if Edmonds annexed to the Sno -Isle Regional Library system, would Sno - Isle take over facility maintenance and upgrade. Mr. Weeks answered no, Sno -Isle was interested in negotiating a partnership with the City for the roof repair and updating the kitchen. Councilmember Petso asked if that partnership could occur without annexation. Mr. Weeks answered annexation would provide the resources for that partnership. Mr. Fonkin pointed out anything Sno -Isle offered to Edmonds .under the contract, would have to be offered to the other contract cities. Councilmember Petso asked if other contract cities provided their own buildings. Mr. Fonkin answered except for cities 'building libraries under the Library Capital Facilities Legislation, all facilities were owned by the cities in which they are located. Councilmember Orvis used the analogy of Blockbuster Video, the fee paid contributed to the operating cost of Blockbuster Video as a whole; each person's contribution depended on the number of videos they rented. He said Edmonds' citizens circulated 383,000 units in 1999 and the total circulation of Sno -Isle was 4,710,000 indicating Edmonds contributed 8.14% of the circulation. Calculating 8.14% of Sno - Isle's expenditures equates to $1.5 million; under annexation, Edmonds would have paid $1.4 million in 1999. He said Edmonds should pay its fair share and he was leaning toward supporting annexation. One argument was the City was spending a certain amount for the City's contribution to Sno -Isle now and under annexation, an additional amount would be collected to fund the library. He asked how the City would use the funds previously used to fund the library via the General Fund, commenting it was akin to "double taxation." Another issue is how the City is to fund the budget over the next five year period and annexation would free up revenue to fund other services. He questioned whether the City needed the entire $1.1 million that was previously used to fund the library via the General Fund or could the levy lid be lowered to compensate for the extra taxes collected via annexation. Mayor Haakenson pointed out the 5 -year forecast reviewed by the Council during the 2001 budget deliberations showed no library funding in the General Fund in 2002 and a positive ending cash balance throughout that 5 -year period. He said information was also provided to the Council illustrating a significant negative cash balance for the five year period if the library continued to be funded via the General Fund. Therefore, if the library contract continued to be paid via the General Fund, approximately $1 million in revenue would need to be identified to pay for the services that are provided today or $1 million per year would need to be cut from the budget. He summarized the City was fortunate to have a terrific library and the services the City currently provided but they must be funded somehow. Lowering the levy lid would result in the same dilemma, how to pay for the services the City currently provides. Edmonds City Council Approved Minutes December 12, 2000 Page 15 Council President Miller spoke in favor of annexation. He' agreed it was important the City pay its own way. He said the projected ending cash balance for the next five years (with the library funding out of the General Fund) would allow the Council the flexibility to evaluate whether a property tax increase was necessary in future years. For those reasons, he would support annexation. Councilmember Earling expressed his appreciation to Sno -Isle for quickly and thoroughly answering the questions the Council raised. He observed although a measure of fairness could be obtained via annexation, there was no way all entities would ever be entirely symmetrical. He pointed out the annexation would result in less impacts and fewer additional taxes in the future. He asked Sno -Isle to provide the information he requested regarding variances in circulation over the past 3 -4 years. Councilmember Davis expressed support for annexation. He recalled when the Council recently passed the budget, the newspaper headline was no new taxes and no property tax increase. He pointed out citizens would actually be asked to pay a property tax via Sno -Isle Library District annexation, to tax themselves in a different manner to hold down other taxing levels. Councilmember Petso did not support annexation, pointing out via annexation citizens would pay $1.6 million for a service they currently receive for $1.1 million, a 12% increase in property taxes. She anticipated annexation would not be approved by the voters and the Council would be required to identify another method to stabilize the library funding. Potential action regarding annexation was scheduled on the January 4 agenda. COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER DAVIS, TO EXTEND THE MEETING FOR 10 MINUTES. MOTION CARRIED UNANIMOUSLY. 9. MAYOR'S REPORT [Electricity Mayor Haakenson advised recent reports indicate the cost of electricity is skyrocketing and PUD has rates announced plans to request a rate increase. He reported City Hall, the only City building heated by electricity, was adjusting thermostats. The small holiday lights on City Hall would remain on but the hours for the larger lights on the tree in Centennial Plaza and the Giving Tree outside Parks and Recreation would be placed on timers and operated 4:00 — 10:00 p.m. rather than 24 hours per day. He encouraged the public to call PUD for energy saving tips. Mayor Haakenson advised this would be the last Council meeting for 2000 and the last Council meeting ext eet ng at '1 that would be held in the Library Plaza Room. The first Council meeting in 2001 would be held in the ew Council new Council Chambers in the Public Safety Building. An open house and tours of the Public Safety hambers Building will be scheduled in the first quarter of 2001. Mayor Haakenson commented he enjoyed working with Council President Miller over the past year who had done a terrific job representing the Council's views. He also enjoyed working with the Council and looked forward to 2001. 10. COUNCIL REPORTS nd Transit Councilmember Earling distributed a survey conducted by Sound Transit regarding region -wide interest in light rail due to the recent controversy over the suspension of negotiations for the tunnel. He requested the Council review the survey results and advised a copy of the survey results was available in the Council office. Edmonds City Council Approved Minutes December 12, 2000 Page 16 dgingT- Councilmember P.etso reported a funding request from the Cascade Symphony Orchestra (CSO) was amry min referred to the Lodging Tax Advisory Committee. The committee met and despite the unanimous desire omittee to help the CSO, the committee recommended the Council not fund the CSO via an additional appropriation from the Lodging Tax Fund as 25% of the Lodging Tax Fund monies was contributed to the Arts Commission for this type of project. The Arts Commission has a process to allocate those funds via their grant process and the Arts Commission was better able to make a decision and prioritize recommendations. The committee was also concerned with the precedent that could be set and the impact on the long term stability of the Lodging Tax Fund. The committee referred the CSO to the Arts Commission for additional grant funding that may be available as well as to the Hubbard Foundation. She anticipated the CSO would return to the Council for an additional request for funding from the Council Contingency Fund. Councilmember Davis expressed his appreciation for the opportunity to serve on the Council, commenting it was one of his lifelong goals to serve the public. Mayor Haakenson adjourned the Council to committee meetings at 10:15 p.m. ARY &SON, MAYOR SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes December 12, 2000 Page 17 �- AGENDA EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street 7:00 -10:00 p.m. DECEMBER 12, 2000 7:00 P.M. - CALL TO ORDER FLAG SALUTE 1. APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 5, 2000 (C) APPROVAL OF CLAIM CHECKS #45087 THROUGH #45224 FOR THE WEEK OF DECEMBER 4, 2000, IN THE AMOUNT OF $1,267,099.56. APPROVAL OF PAYROLL CHECKS #31874 THROUGH #31088 FOR THE PERIOD NOVEMBER 16 THROUGH NOVEMBER 30, 2000, IN THE AMOUNT OF $334,168.24. (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM STEPHANIE HALL ($288.82) (E) CONFIRMATION OF REAPPOINTMENTS TO BOARDS AND COMMISSIONS (F) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT FOR PROSECUTOR SERVICES WITH JEFFREY GOODWIN (G) AUTHORIZATION FOR MAYOR TO SIGN ADDENDUM TO PURCHASING AGREEMENT WITH LUND'S OFFICE ESSENTIALS FOR OFFICE SUPPLIES, FURNISHINGS, EQUIPMENT, AND PRINTING SERVICES (H) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT WITH THE CITY OF NORTH BEND FOR DISPOSAL OF BIOSOLIDS (1) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT WITH THE CITY OF SUMNER FOR DISPOSAL OF BIOLSOLIDS (J) APPROVAL OF FINDINGS OF FACT FOR A CLOSED RECORD MEETING HELD ON SEPTEMBER 21, 2000, REGARDING THE APPLICATION BY METCO HOMES TO ALLOW A 27 -LOT PLANNED RESIDENTIAL DEVELOPMENT AND PRELIMINARY FORMAL PLAT. (File Nos. PRD- 2000 -21 and P- 2000 -1051 Property: 23415 100th Avenue West) (K) PROPOSED RESOLUTION COMMENDING THOMAS A. MILLER FOR SERVING AS COUNCIL PRESIDENT (L) PROPOSED ORDINANCE ESTABLISHING AN HISTORIC PRESERVATION ADVISORY COMMITTEE (M) PROPOSED ORDINANCE AMENDING THE PROVISIONS OF THE EDMONDS CITY CODE SECTION 7.30.010 DEFINITIONS TO ADD A NEW SUBSECTION 7.30.010(J) DEFINING EQUIVALENT RESIDENTIAL UNIT; AMENDING SECTION 7.30.030 RELATING TO WATER RATES TO REPEAL SECTION (D) CONNECTION CHARGE; ENACTING A NEW SECTION 7.30.035 WATER AND SEWER CONNECTION CHARGES; AND AMENDING THE PROVISIONS OF SECTION 7.30.040 UTILITY CHARGES, (A) SUB - PARAGRAPHS 1 THROUGH 4 IN ORDER TO PROVIDE FOR INCREASES IN BI- MONTHLY SEWER CHARGES (N) PROPOSED ORDINANCE APPROVING 2001 SALARIES FOR NON - REPRESENTED EMPLOYEES (0) AUTHORIZATION FOR MAYOR TO SIGN ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT FOR HEARING EXAMINER SERVICES WITH RONALD McCONNELL Page 1 of 2 CITY COUNCIL MEETING AGENDA DECEMBER 12, 2000 Page 2 of 2 (P) AUTHORIZATION FOR MAYOR TO EXTEND CURRENT AGREEMENTS FOR JUDGE PRO TEMS KATHLEEN FIELDS, KRISTEN ANDERSON, AND DOUGLAS FAIR 3. (10 Min.) PRESENTATION OF RESOLUTION AND PLAQUE TO COUNCIL PRESIDENT THOMAS A. MILLER 4. (15 Min.) PRESENTATION REGARDING PARTICIPATION IN WATERSHED RESOURCE INVENTORY AREA (WRIA) 8 INTERLOCAL AGREEMENT 5. (20 Min.) PRESENTATION BY ROBERT GOODWIN ON EARTHQUAKEITSUNAMI STUDY PROJECT 6. ( 5 Min.) PROPOSED ORDINANCE AMENDING THE 2000 BUDGET AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS 7. (45 Min.) WORK SESSION - PROPOSED AMENDMENTS TO THE EDMONDS COMMUNITY DEVELOPMENT CODE CREATING NEW CHAPTERS 17.40.050 (NON- CONFORMING COMMUNITY FACILITIES), AND 17.65 (PERFORMANCE STANDARDS FOR COMMUNITY FACILITIES), AND AMENDING CHAPTERS: 16.20 - RS (SINGLE FAMILY RESIDENTIAL); 16.30 - RM (MULTIPLE RESIDENTIAL); 16.45 - BN (NEIGHBORHOOD BUSINESS); 16.50 - BC (COMMUNITY BUSINESS); 16.53 - BP (PLANNED BUSINESS); 16.55 - CW (COMMERCIAL WATERFRONT); 16.61 - MU (MEDICAL USE); 16.80 - P (PUBLIC USE); AND CHAPTER 21 (DEFINITIONS). 8. (20 Min.) DISCUSSION AND POTENTIAL ACTION REGARDING ANNEXATION INTO SNO ISLE LIBRARY DISTRICT ADJOURN TO COMMITTEE MEETINGS The City Council Committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not public hearings. The City Council will meet separately as committees in different meeting rooms as indicated below. 9. COMMUNITY SERVICES /DEVELOPMENT SERVICES COMMITTEE (Large Plaza Meeting Room, Library Building, 650 Main Street) (A) PRESENTATION FROM SNOHOMISH COUNTY HOUSING AUTHORITY 10. PUBLIC SAFETY COMMITTEE (Small Plaza Meeting Room, Library Building, 650 Main Street) (A) REPORT ON "ADVANCED LEADERSHIP IN EMS" COURSE (B) RENEWAL OF PRISONER DETENTION AGREEMENT 11. FINANCE COMMITTEE THE FINANCE COMMITTEE WILL NOT MEET THIS EVENING. 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 A T& T Cable, Channel 21. A delayed telecast of the meeting appears on A T& T Cable, Channel 21. r L