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05/06/1997 City Council1 Change to Agenda EDMONDS CITY COUNCIL APPROVED MINUTES MAY 69 1997 Following an interview of a candidate for the Architectural Design Board at 6:45 p.m., the Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Barbara Fahey in the Library Plaza Room, 650 Main Street. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Barbara Fahey, Mayor Dave Earling, Council President John Nordquist, Councilmember (arrived 7:59 p.m.) Roger L. Myers, Councilmember Jim White, Councilmember Dick Van Hollebeke, Councilmember Gary Haakenson, Councilmember Thomas A. Miller, Councilmember ALSO PRESENT Robbie Cuningham, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Michael Springer, Fire Chief Al Compaan, Assistant Police Chief Paul Mar, Community Services Director, Art Housler, Administrative Services Director Jeff Wilson, Current Planning Supervisor Noel Miller, Public Works Superintendent James Walker, City Engineer Rob Chave, Planning Manager Stephen Koho, Treatment Plant Manager Brent Hunter, Personnel Manager Scott Snyder, City Attorney Sandy Chase, City Clerk Jeannie Dines, Recorder Mayor Fahey requested a change in the agenda. She asked that Item 3, Audience Participation, be moved to Item 3A and add a new Item 3 which would be a reading into the record of a letter that was sent to the Director and Board of the Senior Center. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MYERS, TO MOVE AUDIENCE PARTICIPATION TO AGENDA ITEM 3A AND REPLACE AGENDA ITEM 3 WITH THE MAYOR'S LETTER TO THE SENIOR CENTER DIRECTOR. MOTION CARRIED. (Councilmember Nordquist was not present for the vote.) COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED. (Councilmember Nordquist was not present for the vote.) 2. CONSENT AGENDA ITEMS COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER MILLER, FOR APPROVAL OF THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED. (Councilmember Nordquist was not present for the vote.) The agenda items approved are as follows: Edmonds City Council Approved Minutes May 6, 1997 Page 1 (A) ROLL CALL Approve (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF APRIL 29,1997 Minutes (C) APPROVAL OF CLAIM WARRANTS #15185 THRU #17238 FOR THE WEEK OF Approve APRIL 28, 1997, IN THE AMOUNT OF $327,929.24; AND APPROVAL OF PAYROLL Claim Warrants WARRANTS #15889 THRU #16088 FOR THE PERIOD OF APRIL 16 THROUGH APRIL 30,1997, IN THE AMOUNT OF $457,137.44 Housing (D) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT Forum WITH JUDITH STOLOFF TO ASSIST WITH EDMONDS HOUSING FORUM ($2,040) Solids (E) AUTHORIZATION FOR MAYOR TO SIGN SERVICE AGREEMENT FOR SOLIDS Hauling and Disposal HAULING AND DISPOSAL (F) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT value I WITH CHAVOND-BARRY ENGINEERING CORPORATION FOR VALUE Engineering ENGINEERING Repairto I (G) REPORT ON BIDS RECEIVED FOR THE REPAIR TO THE INCINERATOR AND Incinerator RELATED EQUIPMENT AND AWARD OF CONTRACT TO C. H. MURPHY/CLARK- ULLMAN ($10,300) 100th Ave. W Overlay (H) AUTHORIZATION TO CALL FOR BIDS FOR 100TH AVENUE WEST OVERLAY Project PROJECT M mm AUTHORIZATION TO NEGOTIATE CONTRACT FOR BRACKETT'S LANDING lam/air NORTH SEAWALL REPAIR WITH REID MIDDLETON, INC. SEWLabor Agreement (J) APPROVAL OF 1997 -1998 SEN LABOR AGREEMENT Agre PW Teamster (K) APPROVAL OF 1997 —1998 PUBLIC WORKS TEAMSTER LABOR AGREEMENT Agreement 3. MAYOR FAHEY'S LETTER TO CONNIE JONES, DIRECTOR SOUTH COUNTY SENIOR CENTER Senior Center Mayor Fahey welcomed citizens' comments, but explained her letter to Connie Jones, Director, South County Senior Center, dated May 6, 1997, would fully explain the factual information: "This letter is being sent to the Director of the South County Senior Center and all of its Boardmembers in an effort to clarify some issues related to the future of the Center. I intend to widely distribute it to all citizens concerned about the Center. Above all else, it is imperative that everyone understand that the members of the Edmonds City Council and I, as Mayor, are as concerned about the Center as you are. We are aware that the Senior Center is facing both fiscal (monetary) and physical (structural) challenges. These problems are of major concern to us as well, and the City wants to do everything it can to assist the Center in meeting these challenges so it can continue to meet the ever-increasing needs of an aging population in the future. Within the next week, borings will be done at the Center to assess the stability of the land on which the building stands. This analysis will help us determine what must be done to address the structural Edmonds City Council Approved Minutes May 6, 1997 Page 2 1 stability of the facility. It will provide information on the costs associated with the continuing maintenance versus possibly building something new that will better serve all the seniors of the community. It will take effort and cooperation, but we are convinced that comprehensive information and collaborative planning will lead to creative solutions. As you all know, I met with Connie Jones on April 9 to discuss some of our mutual concerns. I feel we had a very positive discussion with an honest exchange of concerns and ideas. When Connie left my office, I felt we had agreed to work together to try and find grant moneys to cover some of the ever- increasing maintenance costs or possibly develop a capital campaign to totally remodel the facility to better meet the multiple program and facility needs of the future. Admittedly, I did indicate that, as the City is faced with ever-increasing maintenance costs on a rapidly deteriorating building, it was probably not realistic to think we could cover all those costs and also continue to provide operation dollars through an annual subsidy. Faced with this challenge, I asked Ms. Jones for input on which of the expenses would be more realistic for the Center to cover in the future. I categorically did not indicate the operations moneys were in jeopardy for this year or even 1998. I merely stated we would have to come up with a reasonable financing plan for the future. Since that meeting, my message seems to have been significantly misinterpreted. I have heard rumors ranging all the way from a withdrawal of operations money starting this year to the idea that the City is going to shut down the Center and sell the property. None of these rumors have any basis in fact. The City of Edmonds is committed to maintaining the Senior Center as a valuable resource and asset in this community. In fact, given that we too are aging, I suspect we are attempting to preserve something we all will be using and enjoying in the not too distant future. Given the intensity of the concerns that have been expressed, I have reached the conclusion it is time for some wide -spread citizen input. I am going to move forward immediately with the creation of a Citizens Senior Service Task Force to assist in the formation of a plan to develop recommendations for how to best meet the challenges of the future for senior citizens. A part of thatplan will be recommendations on the best way to assist the Senior Center in its efforts to remain a viable asset to this community. I look forward to working with you all to develop the best solutions possible to address our mutual concerns. I am confident, with mutual trust and cooperative efforts, we can make the process a win-win situation for everyone. " 3A. AUDIENCE Animal Gene Ericson, 700 Melody Lane, Edmonds, said he understood the City was in the process of Regulations reviewing. ordinance language regarding animal regulations. He supported a change in the section describing covered animals, defined in the City's Code as hoofed animals usually found on farms. He described difficulties encountered with accumulation and disposal of waste, odors, pests, flies, and inadequate sanitary conditions created by horses boarded on property adjacent to his home. He indicated the Police Department and Animal Control had .been involved numerous times and letters had been written to the property owner and owner of the horses. Mr. Ericson- requested the Council revise the Edmonds City Council Approved Minutes May 6, 1997 Page 3 ordinance to "disallow this property to be used as shelter or pasture for horses or any other high maintenance covered animal and return animals usually found on the farm to the farm". Mayor Fahey invited Mr. Ericson to bring his concerns to the Community Services Committee. He indicated he would send a letter to the Mayor and Councilmembers. Senior CenKaren Martinson, 9011 185th Place SW, Edmonds, said Mayor Fahey's letter regarding the Senior ter Center addressed many of her concerns. She quoted a Resolution displayed in the Senior Center, "Be it resolved by the City Council of the City of Edmonds, Washington, that the South County Senior Center located at 220 Railroad Avenue, Edmonds, Washington, is hereby declared to be a permanent Senior Citizens' Facility". She urged the Council to consider this resolution and give the Senior Center, in its current location, their highest priority. JEMS Ray Albano, 20916 76th Avenue W, Edmonds, complimented the Council on the EMS Workshop Workshop Meeting, noting Mountlake Terrace's City Manager was a perfect example of a City Manager/Council form of government. He expressed disappointment the Council felt it was necessary to have four plain - clothed police officers at that workshop and questioned the cost of their attendance. He pointed out Lynnwood Councilmember Goff and Mountlake Terrace Councilmember Cordova were members of the EMS Board but former Police Chief Miller had been a member of the 911 Board. He questioned whether Senior Center funding for the Senior Center could be identified in the budget, possibly with $300,000 that he noted has been budgeted for "miscellaneous." Mr. Albano declined Councilmember Van Hollebeke's request to have a brief discussion regarding these issues. Senior Center Ray Olson, 22808 106th Place W, Edmonds, encouraged Councilmembers to participate in the Senior Center's current funding raising effort. He explained the cups, distributed to the Council included instructions regarding money to be deposited daily which would be collected on the first Tuesday in June. Senior Center Jan Kavada, 217 Alder Street, Edmonds, complimented the Council on their action regarding low income housing, noting it was critical to maintain housing as low income. She noted May is Older American's Month. As Director of Citizens for Nursing Homes, she was interested in the issue of long term care and described the Senior Center's role in assisting seniors' ability to stay.in their own homes by providing nutrition, exercise, and health care—activities that need to be continued. IISenior Center George Rappole, 600 6th Avenue N, Edmonds, explained while living in Texas, he worked on the Area Agency On Aging of the North Central Texas Council of Government to establish Senior Centers in 14 counties in the Dallas -Fort Worth area. He now serves as a member of the Advisory Council on Aging, Department of Long Term Care and Aging, in the Snohomish County Human Services Division. His experience emphasizes the importance of senior centers. He thanked Mayor Fahey for her letter and encouraged the Council to continue the development of the Senior Center. Port Al. Rutledge, 7101 Lake Ballinger Way, Edmonds, distributed information to the Council regarding u 1) Channel 5's report that construction of the Port of Edmonds marina would be delayed due to the City co,,,,eil I of Edmonds, 2) his suggestion that video tapes of Council meetings be available at citizens' request and Video Tapes an area be provided for viewing tapes, and 3) flooding in Australia in 1974. He suggested City staff Edmonds City Council Approved Minutes May 6, 1997 Page 4 receive further training on evacuation procedures due to concern expressed by Lake Ballinger residents who were informed of possible evacuation during winter flooding. Mel Critchley, 705 Driftwood Place, Edmonds, distributed an April 30 Wall Street Journal article Train Safety regarding Amtrak's failure due to their use of aging tracks, and recommendation that Amtrak be Medic 7 eliminated as a service provider. Observing insurance would. now pay for Medic 7 costs, Mr. Critchley suggested government no longer be involved and the service e provided by private industry. Joan Hopkins, 7315 216th Street, Edmonds, said Mayor Fahey's letter answered many questions raised Senior Center by rumors. She asked how much funding the City provided to the Senior Center and where the funding comes from. Mayor Fahey explained $35,000 was allocated in the 1997 budget to assist the Senior Center with operational costs. Additional funds are allocated for larger maintenance items.. The City is also aware of the need for several major structural repairs (with costs over $100,000), for which no funding is available. Further, the Senior Center is not large enough to accommodate future needs. Mayor Fahey advised the Task Force would consider these issues. She said the Senior Center is leased from the City for $10/year and all moneys generated by rental of the facility were retained by the Senior Center. Mayor Fahey offered to answer additional questions in her office and suggested citizens contact the Senior Center Director. Henry Larson, 541 3rd Avenue S, Edmonds, advised a notice on the Senior Center bulletin board Senior Center stated, "Mayor Fahey can no longer give $35,000 to take care of the Senior Center" and questioned how this miscommunication resulted. He encouraged the City to issue communications, such as Mayor Fahey's letter to Ms. Jones, more quickly. He asked how the Task Force would be formed. Mayor Fahey explained each Councilmember would be asked to nominate someone to serve on the Task Force and the South County Senior Center Board would designate three participants. Similar to other Board and Commission vacancies, the Task Force would be advertised and participants selected based on their qualifications and interest in the project. She advised at least 20 people would serve on the Task Force. Tony Ferrella, 20722 60th West, Lynnwood, said his understanding was the Senior Center had been Senior Center donated by a former citizen to the City of Lynnwood, as a permanent public building in perpetuity. He recalled the Senior Center had similar difficulties three years ago when the Senior Center was to be located in the old Safeway building. He urged the Council to determine that the Senior Center is a public building, regardless of repairs needed. He pointed out the Senior Center could be self-supporting. Mayor Fahey advised the Senior Center was originally purchased by the City of Edmonds with HUD, grant, and other funds acquired from the area. HUD terms required the facility be used as a Senior Center for 20 years. Since that time, other moneys have been acquired for maintenance such as ADA improvements. She explained funds required for the facility are decreasing; Lynnwood is opening its own senior center and will not donate as much as they have in the past. Dale Kramer, 23031 80th Place W, (unincorporated) Edmonds, advised he visits the Senior Center or Center every Friday to talk with seniors. As a professional geologist, he questioned whether the borings would assess the stability of the parcel upon which the Senior Center sits. He pointed out adequate borings had been done in the area to assess general stability issues. He urged the City to utilize objective science in Edmonds City Council Approved Minutes May 6, 1997 Page 5 making its determination, and not make a decision based solely on costs. He urged the City to develop creative solutions, utilizing professionals, and volunteered his assistance on the boring rig and sending soils to a proper lab. Rich Demeroutis, 921 Pine Street, Edmonds, requested the Mayor write him to explain why members Workshop of the EMS Board from Lynnwood, Brier and Woodway did not attend the Council's EMS Workshop. He asked who provided fire protection to Woodway and the unincorporated areas of Esperance. Mayor Fahey answered fire and Basic Life Support (BLS) services are provided to Woodway by Edmonds via a contract and to the Esperance area as a result of the negotiations for the purchase of Fire Station #10. Advanced Life Support (ALS) is provided by Medic 7 via a contract with Fire District 1. Mr. Demeroutis asked if funding for EMS from Woodway and Esperance was included in the EMS funding. Mayor Fahey advised $50,000 for ALS is paid directly to Medic 7, not the City. She encouraged Mr. Demeroutis to discuss these issues with Administrative Services Director Art Housler or provide .documentation to allow her to research his concerns. Mr. Demeroutis asked what criteria was established for collecting transport fees. Mayor Fahey suggested he direct this question to the Medic 7 Board. Council President Earling appreciated the seniors' attendance at this meeting which enabled them to better understand the Council's commitment to seniors in the community. He expressed concern that no one had called him to discuss the Council's position regarding the Senior Center. and urged citizens to call their Councilmembers. Councilmember Myers also encouraged citizens to call or write Councilmembers regarding their concerns. Mayor Fahey declared a brief recess. Clay 4. MEETING WITH PROPONENTS REGARDING PROPOSED CLAY ENTERPRISES Enterprises ANNEXATION Annexation Current Planning Supervisor Jeff Wilson identified the annexation area on a site map and explained the City received two petitions indicating interest in annexation to the City of Edmonds. The petitions were sent to Snohomish County and certified there is at least 76% of the assessed valuation covered by the petitions, which meets the 10% minimum necessary to initiate an annexation proposal. To consider these petitions for annexation, the City .Council must, by law, meet with the petitioners to discuss, 1) the boundaries of the proposed annexation, 2) whether the proposed annexation will be subject to the existing bonded indebtedness of the City, and 3) whether to require the simultaneous adoption of proposed zoning regulations for the area. As one of the petitioners was unable to attend the meeting, Mr. Wilson read the letter from Diana L. Clay, President, North Sound Development, Inc. which requested the Council approve the annexation and adopt the proposed resolution to prepare the 60% annexation petitions for signature. Mr. Wilson indicated Ms. Clay was agreeable to the land use designation for the area and assumption of the existing bonded indebtedness. Bernice Morton, Managing Partner of Morton Enterprises, and owner of Alpine House Apartments on 234th. She explained the vacant land extending from the Alpine House property to Hwy. 99 was placed in a trust, managed by Union Bank of California, and leased to Clay Enterprises for development. Clay Enterprises has been unable to develop the 'property for numerous reasons. She Edmonds City Council Approved Minutes May 6, 1997 Page 6 explained the apartments, built in 1970 and 1974, have 65 units in three buildings, and a swimming pool and would be an asset to the City's tax base. She requested the Council annex the property to Edmonds. Council President Earling asked if she was in agreement with the requirements of the staff recommendation. Ms. Morton replied she was. Councilmember Miller asked Ms. Morton if she was aware of the existing bonded indebtedness, the Public Safety Bond passed by voters last year. Mr. Wilson briefly described the bonded indebtedness and Ms. Morton indicated public safety was one of the reasons she wanted the property to be annexed. Councilmember Myers asked if the number of registered voters in the annexation area had been determined. Mr. Wilson explained this annexation process is based upon property ownership which would not indicate the number of registered voters. Estimates, of the 65 units indicate an approximate population of 130-140 residents, not all of voting age. It was the consensus of the Council to move forward with the Hearing on the proposed annexation. Hearing on 5. HEARING ON PROPOSED CLAY ENTERPRISES ANNEXATION AND CONSIDERATION OF Clay RESOLUTION NO. 870 TO CIRCULATE FINAL PETITIONS Enterprises Annexation Current Planning Supervisor Jeff Wilson explained the proposed annexation is 7.08 acres located at the northwest corner of 234th Street Southwest and Highway 99 which is contiguous to Edmonds on the east and south property lines. Rather than adopting simultaneous zoning, the Council would adopt a zoning designation comparable to the exiting Snohomish County zoning. The City's Comprehensive Plan and zoning designations for Hwy. 99 are comparable to the exiting zoning; therefore, upon annexation there would be no noticeable difference for property owners or the City. The property on Hwy. 99 would be zoned General Commercial and a Multi -Family designation, RM -1.5, would be applied to the western portion of the property (Alpine House). The existing bonded indebtedness consists of the Public Safety Bond assessed at a maximum projected rate charged to property owners of approximately $0.29 per $1,000 of assessed valuation for 20 years beginning in 1997. The resolution authorizes staff to prepare and circulate the 60% annexation petition for collection of signatures, followed by certification by Snohomish County and preparation of the appropriate documents for final review and approval by the Boundary Review Board. Bernice Morton, applicant, had no additional comments and reiterated her request that the Council annex the property to Edmonds. Mayor Fahey opened the public participation portion of the hearing. Dale Kramer, 23031 80th Place W, (unincorporated) Edmonds, indicated his property was north of Clay Enterprises and west of the Alpine House apartments. He said Snohomish County is in the process of permitting an 18 unit housing development on the vacant property west of Alpine House. He suggested the City consider "risk management" regarding surface water runoff prior to proceeding with the annexation. He noted Esperance got its name from a sand layer which allows water to percolate through it to, the silt layers and cause debris flows. He pointed out the existence of a spring in the Alpine House area. He encouraged the City to proceed with proper planning, good science and engineering, as over building would flood their neighborhood. Mayor Fahey closed the public participation portion of the hearing and remanded the matter to Council. Edmonds City Council Approved Minutes May 6, 1997 Page 7 COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO INCORPORATE THE FOLLOWING INTO THE ANNEXATION RESOLUTION, 1) THE PROPOSED ANNEXATION BOUNDARIES AS SHOWN ON EXHIBIT 2 ARE ACCEPTABLE, 2) THE CITY SHALL NOT SIMULTANEOUSLY ADOPT ZONING Reso #870 - REGULATIONS FOR THE AREA. INSTEAD, THE ZONING DESIGNATION FOR THE AREA Authorizing SHALL BE "GENERAL COMMERCIAL - CG" FOR.THE EASTERN HALF AND "MULTIPLE 60% Annexation RESIDENTIAL, 1,500 - RM -1.5", WHICH IS CONSIDERED COMPARABLE ZONING, AS Petitions - Clay Enterprises PERMITTED BY ECDC SECTION 17.00.020.E, AND 3) THE PROPOSED ANNEXATION AREA Annexation SHALL BE SUBJECT TO THE EXISTING BONDED INDEBTEDNESS OF THE CITY. THE COUNCIL ADOPTS RESOLUTION NO. 870, AUTHORIZING THE PREPARATION AND CIRCULATION OF THE 60% ANNEXATION PETITIONS FOR SIGNATURE. Councilmember Haakenson observed what would be built on the property was not an issue at this time. City Attorney Scott Snyder explained the resolution adopted comparable zoning, which was the extent of the Council's involvement with the use of the property at this time. MOTION CARRIED. 6. HEARING ON A REQUEST TO VACATE A TRIANGULAR PIECE OF UNDEVELOPED Request to RIGHT-OF-WAY ADJACENT TO THE WEST SIDE OF FIRDALE AVENUE WITH Vacate Right of APPROXIMATELY 210 LINEAR FEET OF FRONTAGE ON FIRDALE AVENUE LYING way/secure Capital /File NORTH OF THE VACATED PORTION OF THE 240TH STREET SOUTHWEST RIGHT -OF - ST -97-8 WAY (Applicant: Secure Capital Inc / File No ST -97-8) Current Planning Supervisor Jeff Wilson displayed a map of the area and identified the triangular undeveloped right-of-way requested to be vacated and the petitioner's property. He explained the petitioner's property fronts on the undeveloped right-of-way proposed to be vacated. Street Vacation criteria requires Snohomish County to determine the underlying ownership of the property and return the property to the original underlying interest. In this case, there is no guarantee the property would be vacated to the petitioner as the original ownership of the property is located on the east side of Firdale Avenue. He pointed out the Council packet included analysis of the vacation request as well as the appraisal. Staff does not agree with the value established by the appraisal. Mr. Wilson explained the Council had two options, first, not authorize the vacation at this time until staff has had an opportunity to review the City's Official Street Map and apply it to the recently annexed areas. Although City Engineer Jim Walker stated, in his estimation, there does not appear to be a need for this undeveloped portion of the right-of-way; however, without a full analysis, this cannot be confirmed. The second option would be to authorize vacation of the right-of-way and establish the value if sufficient information exists to proceed with the vacation request. He pointed out the City lacks sufficient information from Snohomish County to establish the value as it is unknown whether the right- of-way was dedicated to the City (value to vacate would be 50% of its appraised value) or if the property was deeded to the City by purchase (value to vacate would be 100% of its appraised value). Councilmember White asked what were the requirements for reviewing the Street Map in this area. Mr. Wilson explained the Street Map is adopted as part of the Comprehensive Plan; therefore, the City is limited to amendments once per year. The City is currently in the process of completing an amendment to the Comprehensive Plan; the Official Street Map for this area is not included in the amendment and would likely be included in next year's process. There are provisions included in the GMA regarding Edmonds City Council Approved Minutes May 6, 1997 Page 8 emergency reviews of the Comprehensive Plan such as new annexations; however, this area was annexed over one year ago. Councilmember Myers asked if there were other uses for this property if it were not vacated, such as a mini -park. Mr. Wilson answered he has not talked with Parks and Recreation Department but the property is very narrow. Whether it could be used for other public activities had not been explored. City Attorney Scott Snyder advised without the information regarding the City's ownership, staff assumes this is a right-of-way easement which limits it to street uses. Council President Earling asked Mr. Wilson to describe staffs concerns regarding the appraisal. Mr. Wilson explained a request has also been made to subdivide the property. Without the vacation, sufficient area exists to subdivide the petitioner's property into only two lots. With the right-of-way vacation, there is potential to subdivide the property into three lots. Staff believes the value of the property should be based on the additional value the property owner would realize by subdividing the property into three lots (instead of two); the appraisal considers only the value of the small triangular piece of property. Mr. Snyder explained this was a legislative hearing; the Council is the sole determiner of the public's best interest. The vacation process did not assure the petitioner would receive the property and staff was uncertain at this time whether the property was dedicated or deeded to the City. He referred to the letter the Council received regarding future use of the property as an Adult Family Home and explained future use of the property was not an issue and the Fair Housing Act Amendments and other State Law permit Adult Family Homes in all residential areas of the City. Jerry Greer, President Secure Capital, Inc. and owner of the property, observed there appeared to be two issues, 1) the appropriateness of the street vacation, and 2) assessed valuation. He agreed with the Planning Department's recommendation to hire another appraiser to determine the property's value. He pointed out 100th Avenue West has steep banks and only access is from Firdale Avenue. If the vacation is not granted, he will request an easement across the property, further limiting its use to the City. He displayed a chart illustrating the economic benefits to the City by the development of a third lot and home—over $2,000 in tax dollars ($1,200 for the City of Edmonds). He noted timing is important to him as the property would be subdivided into two lots soon if the street vacation was not granted. He pointed out the street vacation was an opportunity for the City to be paid for the undeveloped right-of-way and to receive tax dollars over a period of time. He explained when the property was first purchased, he spoke with Mrs. Blalock about the possibility of building an Adult Family Home; however, those plans have since been abandoned and they have no intention of building an Adult Family Home on the property. He requested the Council approve staffs recommended Option 2 (approve the vacation) and allow the Planning staff to work out the details regarding the appraisal. Benefits to the community would include development of the property, increasing the City's tax base, and elimination of an unmaintained vacant lot, possible liability to the City, and traffic concerns. The vacation would also enhance the City by the addition of quality housing. COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER HAAKENSON, TO EXTEND THE HEARING FOR TEN MINUTES. MOTION CARRIED. Mayor Fahey opened the public participation portion of the hearing. Edmonds City Council Approved Minutes May 6, 1997 Page 9 Susan Blalock, 7939 186th Street SW, Edmonds, spoke on behalf of her mother who owns the property south of the triangular undeveloped right-of-way. She and her mother objected to the City's vacation of this land as they believed it would make a hazardous road even more dangerous for drivers and nearby residents. She explained Firdale Avenue drivers are frequently unaware that Firdale Avenue merges into one lane at this point and a number of accidents have occurred. Vacating the triangular piece, and allowing three additional homes, would significantly increase the hazards. She suggested the right-of- way vacation may be premature as the City has not yet analyzed the Official Street Map in this area. She urged the Council to consider safety over any monetary considerations. Katie McCarrell, 24002 Firdale Avenue, Edmonds, (adjacent to the vacant lot) said her main concern was traffic on this busy street and merging difficulties which would only be worsened by additional homes. She noted possibly widening the road or changing where the merge occurred could be accomplished if vacation of this right-of-way was denied. Max Meyring, 23423 Hwy. 99, Edmonds, described the dimensions of the property and channelization of the roadway in this area. As a land use consultant, he felt the addition of two or three new houses in the area would slow traffic due to removal of vegetation and the existence of driveways. He said the highest and best use of the property was to convert it to residential property. He expressed concern with developing the property as a mini park. There being no one else present wishing to address this issue, Mayor Fahey closed the public participation portion of the hearing. Mr. Greer pointed out his plans were to live in the house on the south end of the property; therefore, he would also be concerned with traffic in the area. He felt traffic concerns could be addressed during the short plat process. He also felt developing the property with houses would alert drivers and cause them to slow down around the curve. He urged the Council to adopt Option 2. Mayor Fahey closed the public hearing and remanded the matter to Council for deliberation. Councilmember Van Hollebeke said he was usually supportive of an improvement to the City and economic development to increase the City's tax base. However, he was concerned with this vacation because the City had not analyzed the Official Street Map, the wide discrepancy between the property evaluation, and the Blalock's objection. He did not support proceeding with the vacation at this time. COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER HAARENSON, TO EXTEND THE HEARING FOR TEN MINUTES. MOTION CARRIED. Councilmember White pointed out the triangular undeveloped right-of-way is critical to development of the petitioner's property as it is the only access to his property from the west due to topography in this area. Further, it did not appear practical to expand Firdale Avenue in this area or to use the property as a park. He supported vacation of the property although he agreed with staffs concern over the appraisal as it did not appear to be a reasonable market value. Councilmember Myers was satisfied the undeveloped right-of-way could not be used for streets. Although he favored vacation of the property, he preferred a fair market value be established prior to vacation. Edmonds City Council Approved Minutes May 6, 1997 Page 10 Councilmember Haakenson pointed out the Council was unable to determine if this was in the public's interest as no Official Street Map of this area had been developed. Further, the City was not yet certain how the property had been obtained. He agreed the property likely would be vacated in the future; however, due to the need for additional information, he supported Option 1 (denial of the vacation request). Council President Earling was concerned the City was not certain how the property was obtained and he was concerned with the property appraisal. He agreed the triangle likely was not needed, but this information had not been confirmed by analysis of the Official Street Map. He disagreed with the argument that additional houses would slow traffic. COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER WHITE, TO DENY THE VACATION REQUEST BECAUSE IT IS IMPOSSIBLE TO MAKE A DETERMINATION AS THERE IS NO COMPREHENSIVE PLAN, COMPREHENSIVE STREET PLAN, OR OFFICIAL STREET MAP. Mr. Snyder pointed out if the Council denied the vacation request, the applicant must reapply, pay another fee, and submit another re -appraisal. If the Council continued the matter until development of the Comprehensive Plan for this matter, the applicant would be saved another application fee. COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO AMEND THE MOTION TO CONTINUE THE MATTER. Councilmember Haakenson asked staff to explore the emergency provisions regarding a Comprehensive Plan amendment. Mr. Wilson advised staff would seek the advice of the City Attorney due to the length of time since this area was annexed into the City. Councilmember Myers recommended a more accurate appraisal and a history of how the land was acquired be provided when the Council reviewed this issue again. Mr. Snyder suggested the City obtain an ownership report and have the property appraised via the use of the third party consultant process. The amendment was restated as follows: TO TABLE THE MATTER, PENDING DEVELOPMENT OF A COMPREHENSIVE PLAN ELEMENT ADDRESSING STREETS IN THE AREA, THE PREPARATION OF AN OWNERSHIP REPORT REGARDING THE HISTORY OF THE PROPERTY AND DEVELOPMENT' OF A SECOND INDEPENDENT APPRAISAL AT CITY'S EXPENSE. AMENDMENT CARRIED. MAIN MOTION AS AMENDED CARRIED, COUNCILMEMBER WHITE OPPOSED. 7. PRESENTATION AND DISCUSSION OF STORMWATER AND SEWER RATE STUDY Stormwater FINDINGS and Sewer Rate Study Community Services Director Paul Mar explained numerous discussions have occurred with the Council regarding storm water and sewer rates during the past four years'. In January 1997, Financial Consulting Solutions Group (FCSG) was selected to perform a stormwater sewer utility rate study. Edmonds City Council Approved Minutes May 6, 1997 Page 11 Mr. Mar displayed a City utility bill, pointing out the statement included at Council direction, "Did you know that approximately 12% of your sewer bill pays for City-wide storm drainage maintenance and construction projects?" He noted the key to the rate study was the ending balance of Fund 411 and what was needed to maintain it in the future. He displayed a chart of Fund 411, illustrating the ending cash balance during 1993 - 1996 was approximately $2 million and the estimated ending cash balance for 1997 was estimated to be slightly over $500,000. He explained funds are transferred from the 411 Fund to the 111 Fund for stormwater operations. He displayed the 411 Fund balance forecast, pointing out a negative balance would occur after 1997 if the current rate structure continued.. A negative balance in the Utility Fund cannot be allowed; therefore, a way must be determined to maintain the ending cash balance above zero in the future. He described the six assumptions used to determine the sewer revenue requirements. City Engineer Jim Walker explained stormwater was originally handled by conveying the water through the system as fast as possible. In the late 1970's individual properties were required to retain what they created to reduce impacts downstream. In the mid 1980's it was realized there were also water quality impacts of stormwater in addition to quantity. At that time the Legislature formed the Puget Sound Water Quality Agency which developed plans for water quality and have all agencies develop common standards and ordinances. Edmonds was required to develop a basin as well as a comprehensive program by 2000. The Capital Improvement Program in the most recent basin study, adopted as part of the Comprehensive Plan, was used to develop the rate study. Public Works Superintendent Noel Miller described the public mandates affecting the cost of sanitary sewer and stormwater treatment—primary to secondary treatment, dechlorination of treated effluent, discharge permits, Department of Ecology standards for stormwater (storm system cleaning frequency, protection of aquatic habitat and streams, reporting and monitoring requirements), Health Department standards (stormwater waste disposal and street sweeping waste disposal), and Department and Labor Industries standards (confined space regulations and shoring and trenching requirements). Tracey Dunlap, Financial Consulting Solutions Group, described the reasons for the rate study and the impacts on sanitary sewer and stormwater rates. She explained the rate study determined the percent of increase necessary to produce required revenues as well as how the revenues are generated (who pays and how much). As service rates are allocated to customer classes based on demands, the percentage of increase to individual customers would vary from the percentage increase in overall revenues. She explained sanitary sewer and stormwater rates were considered separately. To meet the City's revenue needs in 1998, a 17.8% overall sewer rate increase will be needed in 1998, 10.5% in 1999, 10.5% in 1999, followed by rate stabilization (assuming there are no new.mandates or capital programs). She described the components of the existing monthly combined sewer (sanitary and storm) rate ($18.10 per month for single family and multi -family customers, of which approximately 15% is stormwater). Ms. Dunlap stated that in the existing Edmonds combined sewer rate, a non-residential customer is charged based on volume, and single and multi -family residences by units, but allocation based on demand results in different shares of revenues generated by classes. Sanitary sewer cost of service and rate findings indicated multi -family demands per unit are approximately 70% of the single family demand per unit. Therefore, the multi -family proposed cost of service would decrease slightly (4.2%) based on their share of the demand and be picked up by single family (28.5% increase) and non- residential. She noted findings were based on winter water usage. Edmonds City Council Approved Minutes May 6, 1997 Page 12 Ms. Dunlap explained current non-residential rates were based totally on water volumes; a fix (base) charge was recommended ($2.21/unit) as well as an increased volume charge (from $1.87/ccf to $2.51/ccf. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER MYERS, TO EXTEND THE MEETING FOR 15 MINUTES. MOTION CARRIED. Ms. Dunlap displayed the projected single family sanitary sewer rates for 1998 - 2002 ($19.77 in 1998, $21.84 in 1999, $24.14 in 2000, $24.35 in 2001, and $24.35 in 2002). Ms. Dunlap explained the major change in separating out stormwater is, instead of billing a fixed per unit based on sewer accounts for residential customers and water usage for commercial, it would now be done based on an equivalent service unit (ESU) basis. She explained an equivalent service unit basis considers how much of a parcel is covered with impervious surface. Mr. Mar displayed an aerial photograph illustrating areas in the City with pervious and impervious surfaces. He displayed a grid representing equivalent service units (one square approximates 3,000 sq. ft. which is the impervious area covered by an average single family home) and illustrated (by laying the grid over an aerial photo of the Public Works site) how stormwater rates for that parcel would be assessed based on a rate of 36 equivalent service units. Councilmember Myers asked if an assessment of individual homes would be done. Ms. Dunlap replied most commonly, a single family parcel average is selected. Aerial photographs and development records are used to measure pervious surface on individual non-residential parcels to calculate the number of equivalent service units. Councilmember Myers asked if exceptions would be allowed if a citizen had substantially less than the average coverage. Ms. Dunlap replied if this was allowed, it was important the City have strict guidelines regarding what constitutes "substantially less." Ms. Dunlap described the revenue distribution by customer class under the existing combined rate and equivalent service units, noting a separate stormwater fee based, on equivalent service units increased the non-residential share substantially and reflects the significantly higher proportion of impervious surface area within this class. Ms. Dunlap described assumptions used to determine the stormwater revenue requirements. She described two capital funding options, A) spending $300,000 per year on capital and deferring needs exceeding this amount to a later date, or B) issuing debt to build all projects as scheduled in the CIP (debt produces slightly higher rates). Their study focused on managing capital programs so debt was not necessary. For Councilmember Myers, Ms. Dunlap advised approximately $800,000 in capital projects would be deferred beyond 2002 in Option A. Option B issues $930,000 in debt to complete all capital projects by 2000. Ms. Dunlap explained the stormwater rate for single and family is recommended to be $3.70 per equivalent service unit. Edmonds City Council Approved Minutes May 6, 1997 Page 13 She explained the estimated total cost of sewer and stormwater for 1998 impacts for single family (from $18.10 to $23.47 or a 29.6% increase), multi -family (from $18.10 to $18.17 or a .4% increase), and non- residential (varied increases). She noted although many non-residential customers would experience a large increase, they had been paying very little for stormwater in the past. COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCH MEMBER HAAKENSON, TO EXTEND THE MEETING FOR 15 MINUTES. MOTION CARRIED. Mr. Mar explained if the proposed rate increases were implemented, a negative cash balance in the 411 Fund would no longer occur through 2002. He displayed a monthly utility rate comparison of other local jurisdictions, noting the state-wide average in 1996 was $44.36. Edmonds' proposed 1998 combined water, sewer, and storm rate would be $42.76. He noted all other cities in the comparison had done rate studies within the last five years due to mandates imposed on all jurisdictions within the State of Washington. He advised the rates were proposed to be increased January 1998. He requested the Council provide direction on how to educate citizens, particularly non-residential customers. With this proposed rate increases, Councilmember Myers observed General Fund moneys would no longer be necessary for sewer and stormwater. Council President Earling suggested Mayor Fahey, Mr. Mar and he meet during the next week to identify a timetable for public input and to determine the number of public meetings. Councilmember Myers suggested the Community. Services Committee Chair also be included. Councilmember Van Hollebeke complimented the consultants and staff for a very comprehensive job and a compelling case for revising the rate structure. He supported the concept of presenting this to commercial property owners and providing advance notice to residents serviced by Olympic View Water and Sewer. 8. MAYOR Fire Service Mayor Fahey advised the Lynnwood City Council held a special meeting to reconsider their participation consolidatio„ in the fire service consolidation study. Unfortunately, they again rejected the idea by a 3-4 vote and will not participate in the study. Woodway, Mountlake Terrace, Edmonds, and Fire Districts 1 and 11 have passed the resolution; Mukilteo also opted not to participate at this time. She requested Council President Earling designate two Councilmembers to participate on the oversight committee to develop the RFP and to work with the consultant. Council President Earling asked any interested Councilmembers to contact him. Seniorcenter . Mayor Fahey asked each Councilmember to recommend someone for the Citizens Senior Center Task Task Force Force. Mayor Fahey announced the first Mayor's Budget Roundtable would be held Monday, May 12 from 7:00 Budget Roundtable - 9:00 p.m. in the Library Plaza Room. A comprehensive overview of the budget would be provided and input from citizens requested. Also, an Affordable Housing Forum is scheduled for May 13 from 1:00 - 4:00 p.m. in the Library Plaza Room. Several stakeholders in the development of affordable housing have been invited and she encouraged citizens to participate in the process. Edmonds in Mayor Fahey next encouraged citizens to participate in the Edmonds In Bloom program, noting citizens Bloom may enter the judging competition until June 20. Edmonds City Council Approved Minutes May 6, 1997 Page 14 Mayor Fahey requested the Council confirm Careen Rubenkonig's appointment to the Architectural Design Board. ointment to ADB COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER HAAKENSON, TO CONFIRM THE APPOINTMENT OF CAREEN RUBENKONIG TO THE ARCHITECTURAL DESIGN BOARD. MOTION CARRIED. 9. 1COUNCIL Councilmember Haakenson .reported the Medic 7 program administers funds through member Medic assessments and the Advanced Life Support response for citizens is an obligation all share. He noted Fire District 1's withdrawal from Medic 7 in 1996 created a funding crisis and although funding was identified to maintain the Medic 7 program for 1997, this instability remains for 1998. As the Medic 7 interlocal agreement requires anyone withdrawing from the program to give notice to the Board by July 1, he recommended the City of Edmonds commit to continuing the Medic 7 program through 1998 at the current level of service. COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCILMEMBER MYERS, THAT THE EDMONDS CITY COUNCIL SUPPORT THE CONTINUANCE OF THE MEDIC 7 PROGRAM THROUGH JUNE 1998 WITH SERVICE PROVIDED AT THE CURRENT LEVEL AND COUNCIL PRESIDENT EARLING WRITE A LETTER TO THE MEDIC 7 BOARD STATING THE CITY'S SUPPORT. MOTION CARRIED. COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO EXCUSE COUNCILMEMBER WHITE FROM THE APRIL 29, 1997 n e 7 COUNCIL MEETING. MOTION CARRIED. Councilmember Miller thanked Mayor Fahey for her responsiveness to the Senior Center issue. In response to Mr. Albano's comments, Councilmember Van Hollebeke said he was surprised Mr. Albano, who was a Lynnwood City Councilmember in the 1970's, would suggest the City have a different form of government than Lynnwood—Council/Mayor—which he felt worked very effectively. He was disappointed Mr. Albano continued to suggest there were misdeeds in City government by the Council or Mayor and that examples such as the Council salary, Council retreat, EMS, and the Mayor's inappropriate operation of the meeting were often cited without accurate information. Councilmember Van Hollebeke supported citizen involvement and identification of any misdeeds; however, he felt it was counterproductive for citizens to use inflammatory language. He noted Mr. Albano immediately departed the Council meeting after making his comments to the Council. He offered to speak with Mr. Albano and suggested he work for change in an appropriate manner without using inflammatory rhetoric. With no further business, the Council meeting was adjourned at 10:37 p.m. _BARBARA S. FAHEY, MAYOR SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes May 6, 1997 Page 15 AGENDA ,0 "r EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street 7:00 -10:00 p.m. MAY 6, 1997 SPECIAL MEETING 6:45 P Iltl INT I2VI 31V CAND1nATr= OEt'THEARCFIITEC.- URAL DESIGU EO15 . 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 APRIL 29, 1997 (C) APPROVAL OF CLAIM WARRANTS #15185 THRU #17238 FOR THE WEEK OF APRIL 28, 1997, IN THE AMOUNT OF $327,929.24; AND APPROVAL OF PAYROLL WARRANTS #15889 THRU #16088 FOR THE PERIOD OF APRIL 16 THROUGH APRIL 30, 1997, IN THE AMOUNT OF $457,137.44 (D) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH JUDITH STOLOFF TO ASSIST WITH EDMONDS HOUSING FORUM ($2,040) (E) AUTHORIZATION FOR MAYOR TO SIGN SERVICE AGREEMENT FOR SOLIDS HAULING AND DISPOSAL (F) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT WITH CHAVOND- BARRY ENGINEERING CORPORATION FOR VALUE ENGINEERING (G) REPORT ON BIDS RECEIVED FOR THE REPAIR TO THE INCINERATOR AND RELATED EQUIPMENT AND AWARD OF CONTRACT TO C.H. MURPHY/CLARK-ULLMAN ($10,300) (H) AUTHORIZATION TO CALL FOR BIDS FOR 100TH AVENUE WEST OVERLAY PROJECT (1) AUTHORIZATION TO NEGOTIATE CONTRACT FOR BRACKETT'S LANDING NORTH SEAWALL REPAIR WITH REID MIDDLETON, INC. (J) APPROVAL OF 1997 -1998 SEIU LABOR AGREEMENT (K) APPROVAL OF 1997 -1998 PUBLIC WORKS TEAMSTERS LABOR AGREEMENT 3. AUDIENCE (3 minute limit per person) 4. (20 Min.) MEETING WITH PROPONENTS REGARDING PROPOSED CLAY ENTERPRISES ANNEXATION 5. (20 Min.) HEARING ON PROPOSED CLAY ENTERPRISES ANNEXATION AND CONSIDERATION OF PROPOSED RESOLUTION TO CIRCULATE FINAL PETITIONS 6. (30 Min.) HEARING ON A REQUEST TO VACATE A TRIANGULAR PIECE OF UNDEVELOPED RIGHT-OF-WAY ADJACENT TO THE WEST SIDE OF FIRDALE AVENUE WITH APPROXIMATELY 210 LINEAR FEET OF FRONTAGE ON FIRDALE AVENUE, LYING NORTH OF THE VACATED PORTION OF THE 240TH STREET SOUTHWEST RIGHT-OF-WAY (Applicant: Secure Capital, Inc. / File No. ST -97-8) CITY COUNCIL MEETING AGENDA MAY 6, 1997 PAGE 2 7. (60 Min.) PRESENTATION AND DISCUSSION OF STORMWATER AND SEWER RATE STUDY FINDINGS 8. (5 Min.) MAYOR 9. (15 Min.) COUNCIL Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at 771-0245 with 24 hours advance notice for special accommodations. The Council Agenda appears on Chambers Cable, Channel 32. Delayed telecast of this meeting appears the following Wednesday, Friday'and Monday at noon on Channel 32