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06/24/2003 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES June 24, 2003 The Edmonds City Council meeting was called to order at 7:02 p.m. by Mayor Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Dave Earling, Council President Jeff Wilson, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Dave Orvis, Councilmember Deanna Dawson, Councilmember ELECTED OFFICIALS ABSENT Richard Marin, Councilmember STAFF PRESENT Gerald Gannon, Assistant Police Chief Duane Bowman, Development Serv. Director Jim Larson, Acting Admin. Serv. Director Arvilla Ohlde, Parks and Recreation Director Brian McIntosh, Asst. Parks and Recreation Dir. Dave Gebert, City Engineer Darrell Smith, Traffic Engineer Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. APPROVAL OF AGENDA COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER WILSON, FOR APPROVAL OF THE AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS Councilmembers Wilson and Petso requested Item L be removed from the Consent Agenda. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: Approve (A) ROLL CALL 6/17/03 minutes (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF JUNE 17, 2003 Approve Claim (C) APPROVAL OF CLAIM CHECKS #63417 THROUGH #63555 FOR THE WEEK OF Checks JUNE 16, 2003, IN THE AMOUNT OF $335,819.46. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #35816 THROUGH #35930 FOR THE PERIOD JUNE 1 2002 waterline THROUGH JUNE 15, 2003, IN THE AMOUNT OF $966,415.89. Replacement Program (D) REPORT ON FINAL CONSTRUCTION COSTS FOR THE 2002 WATERLINE REPLACEMENT PROGRAM AND COUNCIL ACCEPTANCE OF PROJECT. 7 1. s' (E) REPORT ON FINAL CONSTRUCTION COSTS FOR THE 74T" PLACE WEST SLOPE s l STABILIZATION PROJECT AND COUNCIL ACCEPTANCE OF PROJECT. P c Edmonds City Council Approved Minutes June 24, 2003 Page 1 2003 Water System Improvement (F) AUTHORIZATION FOR THE MAYOR TO SIGN THE PROFESSIONAL SERVICES Design AGREEMENT WITH R112 ENGINEERING, INC. FOR THE 2003 WATER SYSTEM IMPROVEMENT DESIGN. Addendum to Office Purchase (G) AUTHORIZATION FOR THE MAYOR TO SIGN AN ADDENDUM TO THE OFFICE Agreement SUPPLIES, FURNISHINGS, EQUIPMENT, AND PRINTING PURCHASING AGREEMENT. 4 of Jul Fireworks & Parade (H) AUTHORIZATION FOR THE MAYOR TO SIGN CONTRACT WITH GREATER EDMONDS CHAMBER OF COMMERCE FOR THE FOURTH OF JULY PARADE AND FIREWORKS DISPLAY. Taste of Edmonds (I) AUTHORIZATION FOR THE MAYOR TO SIGN CONTRACT WITH THE GREATER Agreement EDMONDS CHAMBER OF COMMERCE FOR THE TASTE OF EDMONDS. Hot Autumn ites (J) AUTHORIZATION FOR THE MAYOR TO SIGN CONTRACT WITH THE GREATER Agreement EDMONDS CHAMBER OF COMMERCE FOR THE HOT AUTUMN NITES AUTOMOBILE SHOW AND CELEBRATION. rdinance No. (K) ORDINANCE NO. 3459 - APPROVAL OF OFFICIAL STREET MAP AMENDMENT TO 3459 ELIMINATE THE THROUGH STREET STATUS OF 215TH PLACE SOUTHWEST FROM 215TH PLACE SOUTHWEST TO 98TH AVENUE WEST. (Applicant: Thomas and Resolution No. Michelle Sawtell, File No. ST- 03 -29.) 1044 (M) RESOLUTION NO. 1044 ADOPTING A SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM AND DIRECTING THE SAME TO BE FILED WITH THE STATE SECRETARY OF TRANSPORTATION AND THE TRANSPORTATION IMPROVEMENT BOARD Item L: Approval of Findings of Fact for a Closed Record Review Held before the City Council on May 27, 2003 of an application by Phoenix Development, Inc. for a Planned Residential Development and Formal Plat. The site is zoned Single - Family Residential (RS -8), and is located at 8512, 8516, 8520 and 8526 Main Street. (File No. PRD- 2002 -171 and P- 2002 -172) Councilmember Wilson advised he would abstain from the vote as he did not participate in the public hearing due to his absence from the May 27, 2003 City Council meeting. Councilmember Petso advised she voted against this item on May 27, 2003 and planned to vote against it again tonight. Councilmember Dawson commented that because she would also disqualify herself from voting on this matter and because of Councilmember Marin's absence, there were not sufficient votes for approval of the Findings of Fact. COUNCILMEMBER DAWSON MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO CONTINUE THIS ITEM UNTIL THE JULY 1 CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The item continued is as follows: L) APPROVAL OF FINDINGS OF FACT FOR A CLOSED RECORD REVIEW HELD Findings of BEFORE THE CITY COUNCIL ON MAY 27, 2003 OF AN APPLICATION BY PHOENIX Fact - Phoenix DEVELOPMENT, INC. FOR A PLANNED RESIDENTIAL DEVELOPMENT AND Development FORMAL PLAT. THE SITE IS ZONED SINGLE FAMILY RESIDENTIAL (RS -8), AND IS LOCATED AT 8512, 8516, 8520 AND 8526 MAIN STREET. (File No. PRD- 2002 -171 and P- 2002 -172). Edmonds City Council Approved Minutes June 24, 2003 Page 2 3. REFINANCING OF PUBLIC SAFETY BONDS is Acting Administrative Services Director Jim Larsen explained interest rates over the past two years had SY been declining which resulted in lower rates for home mortgages as well as municipal bonds. He explained the City's bond underwriter, Seattle- Northwest Securities, continually monitor outstanding bonds against current market conditions. Last month, their analysis indicted market conditions were favorable to refund the City's 1996 Public Safety bonds. Interest rates on municipal bonds could change quickly, therefore, City staff under the Mayor's direction, immediately began to process the refunding of the bonds. This morning, Seattle - Northwest Securities took $7 million in refunding bonds to the market to refinance the 1996 Public Safety bonds. He referred to the draft bond ordinance in the Council packet that provided the actual par value, maturity schedule for the bonds, actual interest rate, and information on bond insurance. He advised Council action adopting the ordinance would finalize the bond sale. Mr. Larsen explained that by adopting the ordinance, the Council would save taxpayers $495,000 over the next 13 years, savings provided directly to tax payers that could not be used by the City. He explained Hugh Spitzer, Foster Pepper & Shefelman, was unable to attend tonight's meeting but felt this matter was routine and straightforward. Dick Ehlers, Seattle- Northwest Securities, explained these were the 1996 bonds approved by voters to construct the Public Safety Complex. He explained the bonds were paid from an excessive property tax levy dedicated to the debt service on these bonds. He noted any savings were not additional funds for the City to expend but rather savings directly to taxpayers in the form of a reduced levy. He referred to the bond sale result information provided to the Council, explaining the bonds were taken to the market this morning and orders solicited until 10:00 a.m. following an intensive pre- marketing effort last week. He emphasized the sale of the bonds was subject to Council action this evening. Mr. Ehlers explained the bond market was close to 40 year lows; although rates are slightly higher than early last week, .stability in the bond market made it an optimal time to be in the bond market. He summarized this action was the refunding of $6,115,000 of the par amount of the 1996 voted bonds. He explained not all the bonds could be called for early redemption as there was a limitation in the current revenue code that did not allow the entire $7 million to be refunded. He explained the refunded bonds carried an average coupon rate of 5.55% and the bonds were refinanced at a true interest cost of 3.20 %. The savings to taxpayers through 2016 was slightly over $495,000, structured relatively evenly each year until 2016 when the bonds are paid off. Mr. Ehlers explained to determine the value now, the $495,000 was discounted to a present value of slightly over $409,000 or 6.69% of the par amount refunded. He noted this was a very good refund which exceeded the standards for advance refunding. Mr. Ehlers explained that in the process of the transaction, Moody's confirmed the City's Aa3 rating. He recalled the City was upgraded a year ago to Aa3. He advised approximately $300,000 in bonds remained to be sold. Councilmember Plunkett inquired what percentage of jurisdictions had a bond rating equivalent to Edmonds. Mr. Ehlers estimated there were 8 to 9 Aa3 rated jurisdictions in the State. Councilmember Plunkett asked to what the City's bond rating could be attributed. Mr. Ehlers answered rating agencies considered financial management as well as the City's consistent fund balances. Further, Edmonds has a very good demographic profile with a strong assessed value. Alan Dashen, Alan Dashen & Associates, Financial Advisor to the City, advised he was assisting Bob Yeasting who had served as the City's Financial Advisor in the past due to Mr. Yeasting being on vacation. He explained as the City's Financial Advisor, they assisted Seattle - Northwest Securities and Edmonds City Council Approved Minutes June 24, 2003 Page 3 the City's Financial staff in determining whether this transaction was appropriate. On the day of pricing, he was present at the bond sale to ensure the interest rate was appropriate for the City and to review the fees and charges of Seattle- Northwest Securities. He summarized this was an easy decision, allowing the City to save taxpayers $495,000 by refunding bonds when interest rates were at a record low level. He described his review of other recent bond sales by Seattle- Northwest Securities. He concluded by the end of the day today, Seattle- Northwest Securities had sold most of the bonds and agreed to take the remainder in inventory and their fees were very reasonable. He recommended approval of the bond sale. He referred to a bond advisory letter that contained a graph of tax exempt interest trends over the past year and since 1987. He indicated the letter also contained a comparison of comparable sales. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER.PLUNKETT, FOR APPROVAL OF ORDINANCE NO. 3460. MOTION CARRIED UNANIMOUSLY. The ordinance approved is as follows: AN ORDINANCE of the City of Edmonds, Washington, relating to contracting indebtedness; providing for the issuance, specifying the maturities, interest rates, terms and covenants of $7,000,000 par value of Unlimited Tax General Obligation Refunding Bonds, 2003, to provide part of the funds with which to pay the cost of advance refunding a portion of the City's outstanding Unlimited Tax General Obligation Bonds, 1996, and paying the administrative costs of such refunding and the costs of issuance and sale of such bonds; establishing a bond redemption fund; providing for and authorizing the purchase of certain obligations out of the proceeds of the sale of the bonds herein authorized and for the use and application of the money derived from those investments; authorizing the execution of an agreement with U.S. Bank National Association of Seattle, Washington, as refunding trustee; providing for the call, payment and redemption of the outstanding bonds to be refunded; providing for bond insurance; and approving the sale and providing for the delivery of the bonds to Seattle- Northwest Securities Corporation of Seattle, Washington. 4. JOINT MEETING WITH THE PORT COMMISSION Port Commissioners present were Fred Gouge, Ken Reid, Mary Lou Block, and Bruce Faires. Port Executive Director Chris Keuss was also present. Port Commission (A) SOUND TRANSIT UPDATE Joni Earl, Sound Transit Executive Director, explained Sound Transit's mission was to build a multimodal regional transportation system via three new services — express bus, commuter rail, and light rail. In Snohomish County, she explained the investment funded via the Snohomish County subarea was commuter rail and regional express along with a series of capital projects. She described two Sound Transit projects underway in the Lynnwood area — a direct access ramp to Ash Way and the Lynnwood Transit Center which will include direct access ramps from the transit center to I -5. She advised a 6- month update would be provided to the Sound Transit Board next week and further information would be available via her Executive Director Update. Ms. Earl announced Sound Transit reached agreement with Burlington Northern- Sante Fe (BNSF) for the start of commuter rail service. She recognized that service was becoming available later than anticipated, recalling the environmental challenges that were encountered in negotiations with BNSF. She explained federal funding was introduced into the project due to the loss of State funding via the passage of I -695 of approximately $46 million in this corridor and $16 million in the south corridor. Further, Amtrak has experienced funding challenges, another $30 million hole in the original funding. The introduction of federal grant funds into the project changed the timeline due to the detailed process. She noted the Edmonds City Council Approved Minutes June 24, 2003 Page 4 preliminary agreement with BNSF was necessary to move the project into final design; the Federal Transportation Administration has released Sound Transit for final design of the Edmonds station. Marty Marcott noted Sound Transit reached agreement with BNSF on May 28"' for Sounder service in the Everett to Seattle Corridor and the Lakewood to Tacoma corridor. He advised the agreement would form the foundation for negotiations that were underway and would continue for the next 90 days to reach binding agreement between Sound Transit and BNSF. Under the agreement in principle, Sound Transit will have the right to operate up to eight trains (four trains in each peak direction) between Everett and Seattle and mutually agreed upon events. BNSF will provide the right -of -use for the eight trains through year 2100. The schedule of improvements along with the completion of the construction phases to add each additional train is subject to negotiation. The term sheet has identified the introduction of one round trip from Everett to Seattle before the end of 2003 as well as the potential for special event service. Under the agreement, BNSF will be responsible for all construction and capital improvements necessary to support the eight trips in peak directions. The eight trips in peak directions was different than the original plan which identified two additional trips for the reverse commute, an item lost in negotiations. Under the terms sheet, Sound Transit will address the environmental compliance issues. In return for the 97 year operating right, Sound Transit will pay BNSF five payments of $50 million. He summarized the goal was to provide one round trip before the end of 2003 with stops in Everett and Edmonds. Mr. Marcott explained the service in Edmonds would be provided from the existing Amtrak passenger station. To allow Sounder service to begin in Edmonds this fall, Sound Transit plans to use the south end of the Amtrak station, the same platform used for the tri -rail demonstration. He advised a section of the platform had been elevated to the required height but additional repairs to the platform were necessary for passenger service. He anticipated the initial service would serve approximately 100 riders each morning. He acknowledged adequate parking at the station would be required. Mr. Marcott advised the schedule had not yet been determined and would be negotiated with BNSF taking into account other BNSF train traffic as well as the ferry schedule. Mr. Marcott explained the goal for development of the platform improvements was to provide safe and accessible access to Sounder as soon as possible with minimal adverse impact on the Amtrak station. With regard to the station, Sound Transit recently received approval from the Federal Transit Administration for final design phase of the station. Mr. Marcott assured that Sound Transit supports the Edmonds Crossing project and plans to be part of that project when constructed. The intermediate station at the Amtrak site would be designed to serve the community for some time and elements of the station could be applied to the Edmonds Crossing project. Mr. Marcott concluded Sound Transit wanted to continue its strong relationship with Edmonds and the Port to ensure the station supported Sounder service and was a community showpiece. Commissioner Reid inquired how much was budgeted for the intermediate improvements to the Edmonds station. Mr. Marcott answered the total project budget was $10 million; the improvements to the Edmonds station would be funded from that amount. Commissioner Faires inquired about the schedule for adding additional trains. Mr. Marcott answered that would be part of the negotiations with BNSF. Councilmember Petso pointed out there were already parking issues due to ferry commuters and asked how parking for train users would be addressed. Val Beatty, Sound Transit Project Manager, advised Edmonds City Council Approved Minutes June 24, 2003 Page 5 the parking proposed for the Edmonds station was using the entire amount of existing parking that was available today. She explained that the majority of commuter rail parking would be located in the south portion of the Diamond parking lot and acknowledged upgrades to the parking lot would be necessary. Sound Transit plans to lease the property from the owner of the property, BNSF. The north portion of the parking lot would be used primarily for off - street bus access to the station and the ferry. She concluded there would be approximately 150 parking spaces in the south parking lot which met their projected ridership demand for their full service schedule. She explained that short term parking would be provided in the north lot for Amtrak, commuter rail and ferry drop -off. Commissioner Faires asked whether the 150 spaces would be sufficient to serve eight trains. Ms. Beatty answered yes, it would meet the demand for Sound Transit's full service schedule. Commissioner Faires inquired about reconfiguration of the parking lot on the west side of the tracks as well as opportunity for the Port to construct a parking lot which could be used to support expanded parking needs. Ms. Beatty advised Sound Transit was interested in working with the Port. (B) OVERVIEW OF DOWNTOWN WATERFRONT PLAN Development Services Director Duane Bowman distributed an executive summary regarding the Downtown Waterfront Plan. He identified key features of the Plan which divides the downtown waterfront into four subareas, 1) the waterfront parks and walkway area, 2) the Sunset Avenue corridor redevelopment, 3) the downtown core, and 4) Pt. Edwards site redevelopment (Edmonds Crossing). He explained the Downtown Waterfront Plan divided strategies into short and long term goals. He described short terms goals in the Downtown Waterfront Plan that the City had achieved including planning for the ferry terminal relocation and reuse of the current ferry holding site, establishing Brackett's Landing South at the Anderson Marine site as a park, completing a continuous shoreline walkway from Brackett's Landing to Pt. Edwards, encouraging senior housing as part of downtown development, establishing shoreline management and public access requirements, and improving the existing rail station to accommodate commuter rail with eventual relocation to the Pt. Edwards site. Mr. Bowman enumerated long term goals that have been accomplished including creating a multimodal transportation center at Pt. Edwards (a continuing effort but one that could be realized via passage of RTID); redevelop the Pt. Edwards site with possible options for a conference center, lodging, restaurant, and housing for seniors (achieved via plans for residential development in the upper yard); development of shoreline parks and improvements; and encouraging mixed use development in the downtown area including structured parking between Sunset Avenue and 3rd Avenue and Main and Dayton and upgrading James Street as a special pedestrian local access corridor. Mr. Bowman explained the City had made changes to its zoning regulations to encourage mixed use development, residential, and commercial uses in the downtown area. Mr. Bowman identified key areas on which the Port took the lead including the completion of the continuous shoreline walkway and assisting with the planning of the Edmonds Crossing multimodal center. Mr. Bowman explained the revised EIS for the Pt. Edwards site relocated the dock to the south edge of the Port breakwater, solving a number of environmental issues with the tribes. He added that the Port continued to coordinate circulation and parking, redevelopment of the ferry pier and passenger ferry, and implementation of traffic improvements. Mr. Bowman explained the Downtown Waterfront Plan was a policy plan, not a specific plan and was intended to provide general guidelines. He pointed out a fault in the plan was the omission of Harbor Square and the plan needed to be updated to include that property. He pointed out the potential to Edmonds City Council Approved Minutes June 24, 2003 Page 6 Corrected on July 29, 2003 combine redevelopment of the Harbor Square site with the former Safeway site. It would be appropriate to update the Plan in conjunction with the major Comprehensive Plan update in 2004 -2005. For Commissioner Gouge, Mr. Bowman explained the update to the Comprehensive Plan would be a major community process to determine the vision for that area. He pointed out the right -of -way that would be available if the ferry holding lanes were moved to the Pt. Edwards site. Commissioner Faires encouraged thinking outside of the box with regard to the opportunity that would be available via the former Safeway site, the Harbor Square site, and the holding lanes. He suggested an element of the Downtown Waterfront Plan include a scenario of what that area could look like. Mr. Bowman agreed, pointing out the importance of linking that area to the downtown. Commissioner Reid commented the Port was excited about the opportunity to be involved in an update of the Downtown Waterfront Plan. Although there was the potential for redevelopment of Harbor Square, one of the continuing concerns was train noise. Mr. Bowman stated if there was interest in creating a quiet zone, an investment in infrastructure would be necessary to allow the trains to pass through quietly. He noted that issue would be considered in the update of the Downtown Waterfront Plan. Council President Earling recalled the Downtown Development Assistance Team developed the Downtown Waterfront Plan. Although he marveled at what had been accomplished, he challenged the City and Port to think about what could be done. He urged the Council and Port to have the tenacity to keep pushing projects forward due to economic potential and enhancement of the downtown community represented in the Downtown Waterfront Plan. As part of the update of the Plan, he encouraged the community, staff, Council and Port Commissioners to consider the immediate impact that the commuter rail had had on communities in the south Puget Sound. He pointed out redevelopment that has occurred in Tacoma, Auburn, Kent. Councilmember Petso asked whether the Plan update would include requests for changes in land use regulations, building heights, etc. Mr. Bowman answered during the planning process, anything was possible. The intent would be to establish a vision, establish goals to achieve the vision, and develop consistent regulations as required by GMA. He envisioned mixed use retail, office uses, public plazas, etc. as well as considering the presence of commuter rail. He noted there had been consideration given to keeping the existing Amtrak station as an Edmonds stop as well as a station at Edmonds Crossing. Commissioner Block commented it may be informative to review the study conducted by the Downtown Development Assistance Team. (C) PRESENTATION BY MARITIME TRUST Burt Meers, Maritime Trust, introduced Denny 6Wiwettsoir Derickson David Evans & Associates. C;or,ecrro�� Mr. Meers explained in winter 2000, the Port of Edn s Everett held a competition for a Master Plan for the 65 waterfront acres north of the existing marina and Maritime Trust was selected. He noted one of the stipulations of their being chosen was that if the Port accepted their Master Plan, they would have the right to implement it. He explained this was to avoid a Master Plan that was not implemented. Mr. Meers stated the master planning process took approximately 14 months and included over 100 community meetings. The process considered the stakeholders including the boat owners and marina services. The Plan condensed the marina services, leaving enough area for development. He pointed out that to pay for the infrastructure, residential development was necessary in addition to a great deal of open areas for the public. Edmonds City Council Approved Minutes June 24, 2003 Page 7 Corrected on July 29, 2003 Mr. Meers explained that following the 14 month process, they presented a Master Plan that included an esplanade around the edge of the property to provide nearly two miles of walking area, development that was not on a grid, and retail services with professional offices on the second floor. He pointed out all development within 200 feet of the waterfront was not over two stories. Their Master Plan also included buildings that consolidated the yacht club. He explained they had a great deal of help from the city to ensure the master planning process retained opportunities. Mr. Meers explained they have now signed a pre - development agreement with the Port. They will have their last meeting with the Planning Commission on July 1 followed by review by the City Council. He concluded the area would have a significant amount of residential development to pay for the infrastructure improvements, the boat launch would be relocated, a significant amount of retail would be provided to attract visitors to the area as well as providing space for the yacht club, a small inn/hotel, a restaurant and a market. He anticipated infrastructure and permitting would begin this fall. With regard to how this applied to Edmonds, he pointed out the challenge posed by the railroad, the ferry, holding lanes, etc. The most important component was the Port and the City working together. He observed this was a unique opportunity to finish the development of Edmonds. Councilmernber Plunkett inquired what type of services Maritime Trust offered. Mr. Meers answered Maritime Trust worked with small ports in a public /private partnership in which Maritime Trust played a developer role. Councilmember Plunkett asked whether funding was primarily public. Mr. Meers advised Everett wanted to build their underground infrastructure due to a problem they encountered within another development. Therefore, the infrastructure will be Everett's contribution to the project. Councilmember Plunkett inquired whether most funding was private. Mr. Meers estimated 80% of the funding was private. Councilmember Wilson asked the size of the project in Everett. Mr. Meers answered it was 65 acres with a build -out cost of $200 -$300 million, 500 -600 residential units and a significant amount of office. Councilmember Wilson asked whether there was a critical mass at which a project was feasible. Mr. Meers answered there was no standard formula, although land area became more important if the building heights were not very high. Due to constraints such as the railroad and groundwater, Councilmember Petso inquired whether any consideration had been given to redevelopment occurring in the form of a park such as playfields and using that as a draw. Mr. Meers answered it depended on the community's vision for the property. If the goal was to make the area economically viable, ballfields and a hotel would not do it. He referred to development in Seattle very close to the railroad tracks, noting solutions could vary greatly. In view of the numerous questions, issues and problems, Commissioner Faires suggested focusing on developing a process under which some of the questions could be answered. He noted this opportunity had the potential for more leverage for Edmonds than any other project. Council President Earling asked whether staff had had any discussions with Port Executive Director Chris Keuss regarding moving the process forward. Mr. Bowman answered staff had some initial discussions including a meeting with Mr. Keuss and Maritime Trust to discuss the Everett project. He suggested there be discussion to determine whether there was interest by both the Port and the Council in re- examining the Downtown Waterfront Plan. If so, he indicated it would be appropriate for the Council to give direction to the Planning Department and Planning Board to ensure a reexamination of the Plan was included in the 2004 -2005 Comprehensive Plan update. Council President Earling supported that action. Edmonds City Council Approved Minutes June 24, 2003 Page 8 Commissioner Gouge recommended beginning the process between the City and the Port possibly with the assistance of a consultant to ensure a reexamination of the Downtown Waterfront Plan was accomplished for inclusion in the Comprehensive Plan update. Councilmember Petso expressed concern that if the process began with the Planning Board, their meetings would not draw the citizen participation that an issue may generate later at the Council level. In view of the numerous questions that would arise that would be of interest to citizens, she wanted to ensure citizen input was sought at the outset. Councilmember Wilson agreed with the need to start the process, suggesting staff outline a process working with Port staff and Port Commissioners that would provide significant opportunity for public input. Mr. Bowman agreed, envisioning a draft proposal would be presented to the Council for review as there would likely be budget implications. 5. AUDIENCE COMMENTS Roger Hertrich, 1020 Puget Drive, Edmonds, referred to page 12 of the June 3 Council minutes that recorded a motion by Councilmember Dawson, seconded by Councilmember Petso to bring a revised ordinance on PRDs to a public hearing. Mr. Hertrich noted that in the advertisement for the public hearing, Council President Earling made a decision, not with the agreement of the Council or as part of the motion, to limit input at the public hearing. Mr. Hertrich pointed out the result of that action has been that people reading the advertisement interpreted the limitation as a reason not to attend the public hearing. Mr. Hertrich concluded that limiting input was a disservice to the public process in an effort to "cut public input." He urged the Council to change this and indicated he was inviting citizens to speak to the Council. Ray Martin, 18704 94 "' Avenue W, Edmonds, echoed Mr. Hertrich's comments, noting this was akin to censorship. He noted the revised PRD ordinance had had a great deal of discussion by the Planning Board and City Council and was an improvement with one exception, the Hearing Examiner issue. He alleged Council President Earling did not want public input at the July 1 hearing regarding the Hearing Examiner as he did not like the public sentiment. Council President Earling expressed appreciation for Mr. Hertrich's and Mr. Martin's comments. His research regarding how many times there had been public discussion or public presentation regarding PRD issues revealed that since 2002, there had been numerous meetings at the Planning Board level regarding PRDs including two public hearing. The City Council had had numerous presentations/ information/public hearings including 3-4 public hearings. He acknowledged that it was his decision to have a focused hearing on July 1 because after listening to the latest Council discussion, those were the two main issues that remained to be addressed. He agreed public input was important but at some point, a decision must be made. He disagreed with the comment regarding censorship. He noted there had been a great deal of public testimony related to the Hearing Examiner issue. If the Council wanted to change the topics of discussion at the public hearing, that could be considered. He concluded there had been a public process regarding this issue. Councilmember Dawson observed the motion recorded in the June 3 minutes was to bring the PRD ordinance back for a public hearing and did not limit input to the topics that were advertised as part of the public hearing. Although she agreed there had been several public hearings regarding this issue, her concern during the June 3 meeting was that the Planning Board was provided testimony regarding the Hearing Examiner issue but the Council had not had an opportunity to review that testimony. She Edmonds City Council Approved Minutes June 24, 2003 Page 9 anticipated those addressing the Planning Board believed they would have another opportunity to address the Council, thus her intent when making the motion to have the ordinance come back for a public hearing. Councilmember Petso agreed with Councilmember Dawson's comments, noting another reason for the delay in the public hearing was to allow time for the minutes of the Planning Board public hearing to be delivered to the Council. She pointed out that as much as topics were publicized, there would still be some who were unaware. She recalled being at a gathering where this topic arose and several people asked her to contact them regarding the date for the public hearing on this issue. She suggested a motion to open the public hearing on the PRD ordinance to the entire ordinance. Councilmember Dawson pointed out that motion had already been made and passed at the June 3 meeting. Councilmember Orvis expressed his support for Council President Earling's decision, recalling there were certain aspects of the ordinance that were changed substantially and the City Attorney recommended holding a public hearing on those points. He recalled the Council had made its decision on other issues. Councilmember Wilson recalled the discussion was to bring the revised ordinance to a public hearing because of changes that had not been previously advertised and there had not been an opportunity for public input on the changes related to accessory dwelling units or home occupations in a PRD, thus the reason for returning the ordinance for a public hearing. He concurred that the public hearing was delayed until July 1 to allow the Planning Board minutes to be provided to the Council and to allow the Council to include that information in their deliberations. Councilmember Petso relayed a question whether a citizen testifying on something that was not included in the topics advertised for the public hearing would be arrested. For Mayor Haakenson, City Clerk Sandy Chase advised the public hearing had been advertised but there was sufficient time to re- advertise the public hearing. Council President Earling indicated that if the Council wanted to change the direction, he would acquiesce to the wishes of the Council. He suggested a motion to provide direction. Councilmember Dawson reiterated the motion voted upon at the June 3 meeting was to have public input on the entire issue but it was not advertised in that manner. COUNCILMEMBER DAWSON MOVED, SECONDED BY COUNCILMEMBER PETSO, TO RE- ADVERTISE THE PUBLIC HEARING FOR JULY i ANNOUNCING THAT PUBLIC TESTIMONY WOULD BE ACCEPTED ON THE ENTIRE PROPOSED PRD ORDINANCE. UPON ROLL CALL, THE MOTION FAILED (2 -4), COUNCILMEMBERS DAWSON AND PETSO IN FAVOR; AND COUNCIL PRESIDENT EARLING, AND COUNCILMEMBERS WILSON, ORVIS, AND PLUNKETT OPPOSED. 6. MAYOR'S COMMENTS Mayor Haakenson invited the public to the final public hearing on the proposed PRD ordinance to be held on July 1. He advised that the first day of interviews with two interview teams was held today to fill the Administrative Services Director position. Interviews will be held with the remaining candidates Edmonds City Council Approved Minutes June 24, 2003 Page 10 1 tomorrow. If acceptable candidates were identified, the Council would have an opportunity to review the candidates in the next few weeks. 7. INDIVIDUAL COUNCIL REPORTS ON OUTSIDE COMMITTEEBOARD MEETINGS Council President Earling offered copies of a document listing a record of the meetings held on the PRD ordinance to the public and Council. Councilmember Plunkett referred to the comments he made last week regarding the Historical Preservation Commission. Councilmember Orvis offered his congratulations and thanks to City Attorneys Zach Lell and Scott Snyder for their excellent presentation to the Appeals Court regarding the issue of casinos in Edmonds. He explained a casino owner was unsuccessful in his appeal of a decision by the City thanks to the efforts of these attorneys. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO EXCUSE COUNCILMEMBER DAWSON FROM THE JUNE 17 COUNCIL MEETING AS SHE WAS ATTENDING THE ASSOCIATION OF WASHINGTON CITIES MEETING. MOTION CARRIED (5 -0 -1), COUNCILMEMBER DAWSON ABSTAINED. With no further business, the Council meeting was adjourned at 8:50 p.m. i V17ENSON MAYOR SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes June 24, 2003 Page 11 -~ AGENDA - EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 511 Avenue North 7:00 - 10:00 p.m. JUNE 24, 2003 7:00 p.m. - Call to Order Flag Salute 1. Approval of Agenda 2. Consent Agenda Items (A) Roll Call (6) Approval of City Council Meeting Minutes of June 17, 2003. (C) Approval of claim checks #63417 through #63555 for the week of June 16, 2003, in the amount of $335,819.46. Approval of payroll direct deposits and checks #35816 through #35930 for the period June 1 through June 15, 2003, in the amount of $966,415.89. (D) Report on final construction costs for the 2002 Waterline Replacement Program and Council acceptance of project. (E) Report on final construction costs for the 74t' Place West Slope Stabilization Project and Council acceptance of project. (F) Authorization for the Mayor to sign the Professional Services Agreement with RH2 Engineering, Inc. for the 2003 Water System Improvements Design. (G) Authorization for the Mayor to sign an Addendum to the Office Supplies, Furnishings, Equipment, and Printing Purchasing Agreement. (H) Authorization for the Mayor to sign contract with the Greater Edmonds Chamber of Commerce for the Fourth of July Parade and Fireworks Display. (1) Authorization for the Mayor to sign contract with the Greater Edmonds Chamber of Commerce for the Taste of Edmonds. (J) Authorization for the Mayor to sign contract with the Greater Edmonds Chamber of Commerce for the Hot Autumn Nites Automobile Show and Celebration. Page 1 of 2 CITY COUNCIL MEETING AGENDA June 24, 2003 Page 2 of 2 (K) Approval of Official Street Map Amendment to eliminate the through street status of 215t' Place Southwest from 215t" Place Southwest to 98t' Avenue West. (Applicant: Thomas and Michelle Sawtell, File No. ST- 03 -29.) (L) Approval of Findings of Fact for a closed record review held before the City Council on May 27, 2003 of an application by Phoenix Development, Inc. for a Planned Residential Development and Formal Plat. The site is zoned Single Family Residential (RS -8), and is located at 8512, 8516, 8520 and 8526 Main Street. (File No. PRD- 2002 -171 and P- 2002 -172). (M) Proposed Resolution adopting a Six -Year Transportation Improvement Program and directing the same to be filed with the State Secretary of Transportation and the Transportation Improvement Board. 3. (15 Min.) Refinancing of 1996 Public Safety Bonds. 4. (90 Min.) Joint Meeting with the Port Commission. (A) Sound Transit Update (B) Overview of Downtown Waterfront Plan (C) Presentation by Maritime Trust 5. Audience Comments (3 Minute Limit Per Person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings. 6. ( 5 Min.) Mayor's Comments 7. (15 Min.) Individual Council reports on outside committee /board meetings. ADJOURN Parking and meeting rooms are accessible for persons with disabilities. Please contact the City Clerk at (425) 771 -0245 with 24 hours advance notice for special accommodations. The Council Agenda as well as a delayed telecast of the meeting appears on cable television Government Access Channel 21.