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05/16/2000 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES MAY 169 2000 Following a Special Meeting at 6:45 p.m. for an Executive Session regarding a legal matter, the Edmonds City Council meeting was called to order at 7:04 p.m. by Mayor Haakenson in the Library Plaza Room, 650 Main Street. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Jim White, Council President Pro Tem Dave Earling, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Dave Orvis, Councilmember ELECTED OFFICIALS ABSENT Thomas A. Miller, Council President Christopher Davis, Councilmember ALSO PRESENT Maia Krause, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Tom Tomberg, Fire Chief Kevin Taylor, Assistant Fire Chief Robin Hickok, Police Chief Peggy Hetzler, Administrative Services Director Rob Chave, Planning Manager Noel Miller, Public Works Director James Walker, City Engineer Brent Hunter, Human Resources Director Doug Farmen, Accounting Manager Steve Bullock, Senior Planner Minh Truong, Accountant Scott James Accountant Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder Change to Mayor Haakenson requested "Approval of a Settlement Agreement" be added as Consent Agenda Item genda M. COUNCIL PRESIDENT PRO TEM WHITE MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO ADD APPROVAL OF A SETTLEMENT AGREEMENT AS CONSENT AGENDA ITEM M. MOTION CARRIED UNANIMOUSLY. Mayor Haakenson requested the addition of Agenda Item 10A, consideration of a letter received from Bill Foster, Attorney for Al Dykes and Brad Butterfield, File Nos. AP -99 -187 and ADB- 99 -33, to set a date for action. COUNCIL PRESIDENT PRO TEM WHITE MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO ADD CONSIDERATION OF A LETTER RECEIVED FROM BILL FOSTER, ATTORNEY FOR AL DYKES AND BRAD BUTTERFIELD, FILE NOS. AP -99 -187 AND ADB -99- 33 TO THE AGENDA AS ITEM 10A. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes May 16, 2000 Page 1 City Attorney Scott Snyder advised the Council previously placed the appeal on the table without a date certain. The only action the Council could take tonight was procedural, setting a date to consider this item. No discussion of substance could occur. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: ADB (J) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH CASCADE DESIGN Design Guidelines COLLABORATIVE FOR THE ARCHITECTURAL DESIGN BOARD DESIGN GUIDELINES PROJECT Public Works (K) PROCLAMATION IN RECOGNITION OF PUBLIC WORKS WEEK, MAY 21— 27, 2000 Week P,—d#-33-1 1] (L) ORDINANCE NO. 3311 AMENDING THE PROVISIONS OF ECC 8.48.215, PARKING Parking I INFRACTION PENALTIES, IN ORDER TO PROVIDE FOR AN INCREASE IN FINES Fines Settlement (M) APPROVAL OF SETTLEMENT AGREEMENT gree- ment 3. AUDIENCE COMMENTS erry Al Rutledge, 7101 Lake Ballinger Way, Edmonds, commented that a ballot measure regarding the ystem Washington State Ferry would be on an upcoming ballot. He requested the City ask the State Ferry slues representative why several vehicles were loaded while a Safeway truck waited on the dock. He recalled Edmonds City Council Approved Minutes May 16, 2000 Page 2 (A) ROLL CALL 00 (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF MAY 9, 2000 Me utes (C) APPROVAL OF CLAIM CHECKS #35959 THROUGH #41045 FOR THE WEEK OF pprove MAY 8, 2000, IN THE AMOUNT OF $228,205.28 Claim Checks (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM KAREN CROOKER Claims for ($1,000.00), CLAUDIA SUNDLING ($1,050.00), AND ELIZABETH D. KEANE (Amount Damages Undetermined) Lowell Garden (E) APPROVAL OF LOWELL GARDEN, A FIVE -LOT FORMAL PLAT LOCATED AT 7705 Plat — 238TH STREET SW (APPLICANT: THOMAS BELT/ FILE NO. P -99 -183) all for ids -LIDS (F) AUTHORIZATION TO CALL FOR BIDS FOR LOCAL IMPROVEMENT DISTRICTS 1 s & 216 (LID) NO. 215 AND 216 lesurfac 12"" N (G) AUTHORIZATION TO RESURFACE SECOND AVENUE NORTH FROM MAIN STREET TO BELL STREET [Motorcycle Lease (H) AUTHORIZATION TO LEASE POLICE MOTORCYCLE FROM LYNNWOOD CYCLE BARN rest I (I) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT AMENDMENT WITH ARTIST Contract FOR 5T" AND MAIN ARTWORK TO EXTEND COMPLETION DATE ADB (J) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH CASCADE DESIGN Design Guidelines COLLABORATIVE FOR THE ARCHITECTURAL DESIGN BOARD DESIGN GUIDELINES PROJECT Public Works (K) PROCLAMATION IN RECOGNITION OF PUBLIC WORKS WEEK, MAY 21— 27, 2000 Week P,—d#-33-1 1] (L) ORDINANCE NO. 3311 AMENDING THE PROVISIONS OF ECC 8.48.215, PARKING Parking I INFRACTION PENALTIES, IN ORDER TO PROVIDE FOR AN INCREASE IN FINES Fines Settlement (M) APPROVAL OF SETTLEMENT AGREEMENT gree- ment 3. AUDIENCE COMMENTS erry Al Rutledge, 7101 Lake Ballinger Way, Edmonds, commented that a ballot measure regarding the ystem Washington State Ferry would be on an upcoming ballot. He requested the City ask the State Ferry slues representative why several vehicles were loaded while a Safeway truck waited on the dock. He recalled Edmonds City Council Approved Minutes May 16, 2000 Page 2 that as a result, Safeway "pulled out" of the Washington State Ferry system for 35 days, costing the system $65,000 — $70,000 in lost revenue. He pointed out two other trucking companies did not use the ferry system because of the $92 round trip fare. Next, Mr. Rutledge reported that Las Vegas style gambling had been legalized on Indian reservations in California and it is anticipated it would be legalized in Oregon and later in Washington. Mr. Rutledge said the City was over budget for the first quarter of the year and predicted the City would continue to be over budget for the remainder of the year. Vehicle Neil Tibbott, 19026 88" Avenue W, Edmonds (Seaview), Neighborhood Coordinator, said the Speed neighborhood was concerned with vehicle speeds in excess of the 25 mph speed limit on 88' Avenue. Concerns on 88' He said 85% of the vehicles on 88'b Avenue traveled in excess of the speed, limit and 50% traveled in Ave. W. excess of 32 mph. He said although City staff was responsive to their concerns, the neighbors heard that some of the most effective traffic calming methods were eliminated for professional reasons. He asked the Council to direct staff to consider the most effective means of slowing traffic. He said the need to slow traffic was urgent due to an increase in the elementary school population and more young families moving into the area. Shoreline Roger Hertrich, 1020 Puget Drive, Edmonds, recalled there was a discussion at last week's Hearings Community Services/Development Services committee meeting regarding the Port and upcoming Shoreline hearings. He asked if the hearing had been held and, if not, whether the public would be notified and whether it was a public meeting. He said Auburn received funds to address safety due to train speeds and overpasses. He recommended the City apply for grants to develop better intersections for railroad crossings and additional overpasses to improve public access to Puget Sound. Mayor Haakenson advised Mr. Hertrich that the Council would be discussing the Shoreline Master Program at a work meeting, likely next week, and there would also be a public hearing regarding the Shoreline Master Program. Fire 4. FIRE SAFETY FOUNDATION PRESENTATION Safety Founda- Fire Chief Tom Tomberg said in his 28 years of public safety experience, he had never encountered a tion Fire Safety Foundation until he came to Edmonds. He said the Foundation was a marvelous adjunct to the Fire Department, providing support, emergency tools and equipment to firefighters to assist them in delivering the very best in emergency medical care, fire suppression, rescue and extraction, hazardous material support, and disaster response. He introduced the President of the Foundation, Betty Mueller. Ms. Mueller introduced the members of the Edmonds Fire Safety Foundation, Helga Amdal, Marie Botnen, Chuck Cain, Joy Cain, Roger Dalzell, Mark Foote, Pat Hepler, Mike Heryla, Cillay Peter, Nancy Beaumont, Tom Dockins, Pirie Hart, Susan Lambert and Christin Leupold. Ms. Mueller advised the Foundation recently launched another fund raising effort to allow them to purchase items requested by the Fire Department. She said the Foundation also supported the water games in Edmonds City Park on the Fourth of July and plan to build a house in the Red Barn during 2000 that will be raffled off. Assistant Fire Chief Kevin Taylor displayed and described several of the items the Fire Safety Foundation has purchased including: (1) a thermal imaging camera which assists firefighters in identifying hot spots in a fire, and enhances search and rescue capabilities by improving visibility in a smoky environment; (2) a hydraulic rescue tool, an accessory /enhancement to the jaws of life; (3) nine water rescue suits to be worn by emergency personnel participating in a water rescue; (4) and nine voice enhancement devices worn with a self contained breathing apparatus that enhance the volume of firefighters' voices while wearing the breathing apparatus (more devices are desired). He said the Fire Edmonds City Council Approved Minutes May 16, 2000 Page 3 Safety Foundation did many things for the Fire Department, were always available and has been very generous. Fire Chief Tomberg presented Ms. Mueller with a bouquet of flowers in appreciation for the work of the Foundation. Ms. Mueller acknowledged the participation of all members of the Foundation. 5. PRESENTATION OF AWARD OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL Financial Award REPORTING Reporting Mayor Haakenson explained the Certificate of Achievement was the highest form of recognition in governmental accounting and financial reporting, and its attainment represented a significant accomplishment by a government and its management. He said this was the eighth year the City had received this award. Mayor Haakenson explained the citizens of Edmonds were directly benefited by the City's receipt of the Certificate of Achievement in Financial Reporting (CAFR) as it resulted in an improved bond rating. The bond rating company views the Award for Excellence as reliable verification that the City was complying with Governmental Accounting Standards. This increased the City's bond rating (currently AAA for General Obligation and Revenue bonds) and, consequently, lowered the annual debt service on bonds. This in turn saved money for Edmonds taxpayers. Mayor Haakenson presented the Certificate of Achievement to Administrative Services Director Peggy Hetzler and offered his congratulations on behalf of the Council. Ms. Hetzler introduced Accounting Manager Doug Farmen, Utility Accountant Minh Truong and Public Safety Accountant Scott James, who also deserved to be recognized for receipt of the Certificate of Achievement. Ms. Hetzler explained governmental accounting was quite different as the City had over 40 different funds to account for the City's operation. She explained each year the accounting staff prepared the equivalent of 40 different corporate financial statements. She recognized the accounting staff for their knowledge, dedication and work ethic and said the Certificate of Achievement could assure citizens the City was nationally recognized for the quality and accuracy of its financial reporting. Kairez 6. FINAL PLAT APPROVAL FOR KAIREZ SUBDIVISION (APPLICANT: GEORGE KAIREZ / sub- I FILE NO. P -93 -216; PROPERTY LOCATION: 9117 OLYMPIC VIEW DRIVE) division City Attorney Scott Snyder explained the City could only proceed with approval of a subdivision when all persons who had legal ownership in the property had been identified. He said the City received a claim of adverse possession by a number of property owners. When the claim was received, staff sent a letter to all affected parties indicating the time period for consideration of the subdivision application had been stopped until the matter was resolved. Mr. Kairez, the owner of the subdivision property, commenced a lot line adjustment action to transfer ownership of the disputed parcel to the persons who claimed an interest. That process must be complete prior to the Council's consideration of the subdivision. He said on Friday, City staff received an appeal of the lot line adjustment from the Yards. Mr. Carter, the applicant's attorney, submitted a brief that outlined numerous reasons he believed the Council should proceed. Mr. Snyder suggested the Council hear from the applicant and any other member of the public who wished to speak regarding continuing this matter. He recommended the Council continue the matter until June 20. He said this was a legislative decision by the Council and the Council operated under limited review criteria for a final plat and subdivision. Edmonds City Council Approved Minutes May 16, 2000 Page 4 Phillip Carter, Attorney, referred to the responsive letter he submitted to the City this afternoon. He said the issue before the Council was whether to approve the final plat for the Kairez Subdivision. He said the preliminary subdivision was commenced in 1992 and had been approved by the Hearing Examiner and City Council. He pointed out the property was owned by Antonina Kairez; George Kairez has been assisting his mother with the subdivision. Mr. Carter said the only issue before the Council was a claim of ownership via adverse possession of approximately 5 square feet of land that encroached into Tract 999. He explained on the left side of the access road, into the subdivision (Kairez Drive), the Hearing Examiner set aside a buffer to buffer the neighbors to the west. At that time, the Kairers were unaware that the garage of a neighboring property encroached slightly into the Kairez property. When the encroachment was discovered and the neighbors' contended they owned the property via adverse possession, the Kairers offered to give the property to them. A quit claim deed was executed with the neighboring property owner. Mr. Carter acknowledged an appeal was filed by the Yards on Friday but felt everything required for final approval for the plat had been accomplished, even with the addition of the appeal. He said a minor plat modification was approved to allow exclusion of the property with the garages. An additional 2 -foot strip was deeded with that property to allow maintenance and repair of the garage structure. A boundary line adjustment was approved on March 10. He said the City's codes appeared to indicate that an appeal of a boundary line adjustment must be appealed within a certain period, a period that has long since expired. Mr. Snyder interrupted Mr. Carter, stating he appeared to be discussing the validity of the appeal without the appellant having been noticed. Mr. Snyder said his concern was that all parties necessary to argue the appeal receive appropriate notice and were present. Mr. Carter observed the Yards were present. Mr. Snyder pointed out there were other parties of record that needed to be notified. Mr. Carter emphasized the only issue was whether this small strip of land was part of the property being subdivided. He felt it was not. He said the property the appellants indicated they owned by adverse possession was excluded via a minor change in the preliminary plat allowing a slight change in the western boundary to accommodate an adverse possession, which was approved by the City on March 10 and no appeal of that decision was filed during the appeal period. He summarized the boundary line adjustment was irrelevant to processing the final plat approval as it was not part of the property being considered for subdivision. He requested the Council proceed with final plat approval. Mr. Carter referred to Community Development Code Section 21.05.010(2), which indicates the decision can only be appealed by the applicant and to the Hearing Examiner and not the City Council. He said the appeal was defective, as it was untimely. Councilmember Plunkett asked Mr. Carter if the Council should ignore the 15 -18 pages presented to the Council tonight and proceed with final plat approval. Mr. Carter agreed the Council should not proceed if it was felt they had not had adequate time to review the documents. Mayor Haakenson invited members of the public to speak regarding the continuance of final plat approval. Elaine Hamner -Yard, 9209 Olympic View Drive, Edmonds, said her attorney was unable to attend tonight. They were in attendance with the belief this was not a hearing and the Council would only be setting a time for a continuance. Edmonds City Council Approved Minutes May 16, 2000 Page 5 Hearing no further comment, Mayor Haakenson closed the public participation portion. Councilmember Earling pointed out the importance of continuing this matter to allow the Council adequate time to review the documentation provided tonight. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, THAT THE FINAL PLAT APPROVAL IN THE KAIREZ SUBDIVISION, FILE NO. P -93 -216, BE CONTINUED UNTIL JUNE 20, 2000, TO BE HEARD IN CONJUNCTION WITH THE CLOSED RECORD APPEAL IN FILE NO. LL- 00 -24, AND THAT THE TOLLING OF THE TIME FOR CONSIDERATION OF THE SUBDIVISION APPLICATION BE CONTINUED THROUGH JUNE 20, 2000. MOTION CARRIED UNANIMOUSLY. Outdoor 7, CONTINUED DELIBERATION REGARDING A PUBLIC HEARING HELD MAY 2, 2000 ON Dmmg THE PLANNING BOARD RECOMMENDATION TO AMEND THE BN — NEIGHBORHOOD BUSINESS ZONE (ECDC CHAPTER 16.45.030), THE BC — COMMUNITY BUSINESS ZONE (ECDC CHAPTER 16.50.030). THE CW — COMMERCIAL WATERFRONT ZONE (ECDC CHAPTER 16.55.030), AND CG — GENERAL COMMERCIAL ZONE (ECDC CHAPTER 16.60.030) TO PERMIT LIMITED OUTDOOR DINING AS A PERMITTED USE AND TO OTHERWISE PERMIT MORE EXTENSIVE OUTDOOR DINING THROUGH A CONDITIONAL USE PERMIT Mayor Haakenson advised the Council held a public hearing on May 2 and continued the discussion to May 16 to allow the Council to review the Planning Board's recommendation. Mr. Chave explained there were two alternative ordinances, the first, recommended for approval by the Planning Board. As reported at the May 2 Council meeting, the City Attorney indicated there was another option to combine the bistro dining with the outdoor dining. This suggestion was considered by the Planning Board who concluded their original recommendation was appropriate. The Planning Board felt bistro dining on sidewalks served a different purpose that they wanted to encourage independent of what occurred on private property. He said their discussion was reflected in the minutes. City Attorney Scott Snyder said as the Planning Board felt these were different issues, the Council could approve the Planning Board's recommendation and request a report from staff in one year regarding whether there had been any abuses such as mixing bistro dining and outdoor dining. He pointed out street use encroachment permits were terminable at the will of the City and were not a vested land use right. If it was determined at the end of a year that there had been abuses, the issue could be reviewed again by staff. Mr. Chave said staff would support that approach. Mr. Chave said the City Attorney's recommendation for a combined approach cited abuses that could be avoided but the Planning Board was also cognizant of instances where separating bistro dining and outdoor dining could be a benefit. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO ADOPT THE PLANNING BOARD'S RECOMMENDATION, ORDINANCE NO. 3312. Councilmember Earling asked if the understanding was that the matter would be brought back to the Council in one year for review. Councilmember Petso agreed. rd #3312 MOTION CARRIED UNANIMOUSLY. The ordinance approved is as follows: utdoor Dining ORDINANCE NO. 3312 OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE AND ENACT A NEW CHAPTER 17.75 ENTITLED OUTDOOR DINING AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. Edmonds City Council Approved Minutes May 16, 2000 Page 6 8. REPORT ON COMMITTEE MEETINGS Finance I Finance Committee Committee Councilmember Earling advised the committee reviewed a request from Public Works to add the resurfacing of Second Avenue North to the 2000 project list; this item was approved on tonight's Consent Agenda (Item G). In addition, a request by Mountlake Terrace to reinstate the animal control contract will be placed on next week's agenda. The Finance Committee recommended approval of the contract. Public Public Safetv Safety Councilmember Plunkett explained the City currently owned two Harley Davidson motorcycles and Conmiittee leased one that needed to be renewed. Re leasing the existing motorcycle would cost $800 per month while leasing a new motorcycle cost $300 per month. Lease of a new motorcycle was approved on tonight's Consent Agenda (Item H). Con,,,,. Community Services/Development Services Committee Serv./ nev. Councilmember Petso reported the committee discussed the following items: on mittee Com • Impact/mitigation fees for development and determined the easiest concept to implement would be a C utility connection fee for new development. The committee directed staff to make a presentation to the full Council regarding the cost to implement those fees and fees in similar jurisdictions. Based on building permits issued this year (approximately 100 residential equivalent units) and assuming a minimum fee of $5,000 per unit (although it could be more), the City would have collected nearly $500,000. She supported the fee, as it would benefit existing residents. The fee would be imposed on new construction for connection to water, sewer and storm sewer service and would not be paid by current residents. She said this would reduce the burden of paying increased water, sewer and stone sewer rates to fund growth related capital expenditures. • A discussion regarding the Shoreline Master Program followed; Port Director Bill Toskey requested a meeting with the Council to discuss the Shoreline Master Plan. • Staff proposed procedures for minor code amendments and the committee directed staff to take the issues to the Planning Board with the exception of parking requirements and other minor requirements. • Regarding a presentation on roof heights, the committee directed staff to review roof heights and establish criteria during the consultant study. • Staff proposed the Council review the Capital Improvement Plan (CIP) separate from the budget process. The committee agreed this was appropriate and in the future the CIP would be presented to Council prior to the budget process which would allow a more in -depth review of capital spending. • The meeting concluded with a discussion regarding an interlocal agreement with Edmonds School District for playfield improvements at Sherwood Elementary. The interlocal would result in the City funding $20,000 of the $95,000 cost with the remainder paid by the School District and parents at Sherwood Elementary. She advised this would be placed on a future Consent Agenda following review by the City Attorney. Fire Consolida- 9. REPORT ON FIRE CONSOLIDATION tion Report Mayor Haakenson recalled when a report was made to the Council two weeks ago on Fire Consolidation, it was indicated a more formal presentation would be made tonight due to Mountlake Terrace's submitting a new proposal. Mayor Haakenson advised Lynnwood's Fire Chief Olsen was also present Edmonds City Council Approved Minutes May 16, 2000 Page 7 this evening. Mayor Haakenson advised staff was seeking direction from the Council regarding how to proceed. Fire Chief Tom Tomberg referred to his report in the Council packet, and recommended the City withdraw from the process and allow Mountlake Terrace and Lynnwood, if they choose to, to work out an integration plan suitable to both agencies. Edmonds should consider integration at some future date if 1) the cost was reasonable, and 2) many of the unresolved questions generated by the work today had been answered. Administrative Services Director Peggy Hetzler recalled two weeks ago she presented some basic information to the Council regarding how the three cities had developed the estimated cost of the combined entities including several cost allocation formulas. She said at the time of that presentation, the numbers they had been working with had changed just a few hours previous to the meeting. She explained she had been in contact with Lynnwood and Mountlake Terrace during the past two weeks in an effort to determine what caused the numbers to change. It was determined Edmonds' costs were understated in the original analysis by approximately $32,000 due to discrepancies in salary calculation. She estimated the consolidated entity, without any additional employees, would cost Edmonds approximately $100,000 more than the current configuration. She emphasized the unresolved issues described at the presentation two weeks ago (benefit packages, retirement, equipment, etc.) have not yet been resolved. She said those costs would be significantly higher than the $100,000 calculated thus far. Ms. Hetzler said this project was initially undertaken with the goal of generating some savings for Mountlake Terrace and Edmonds but it had been. determined the current proposal would not result in costs savings to any entity. Ms. Hetzler described Mountlake Terrace's proposal which includes establishing their own advanced life support service delivery via filling three current vacancies with cross - trained firefighter /paramedics, train three existing firefighters in 2001 to become paramedics and three additional firefighters in 2002. Mountlake Terrace's intent is to withdraw from Medic 7 effective January 1, 2002. Mountlake Terrace was still interested in consolidation but wanted to include their cross - trained employees with the expectation they would pay $300,000 Jess than they currently pay for the same service. She pointed out these issues were not examined in the original study. Mayor Haakenson explained if Mountlake Terrace could not reach an agreement with Lynnwood as the contractor, they would withdraw from Medic 7 and hire nine firefighter /paramedics. He advised part of Lynnwood's plan was to absorb Medic 7 into the Lynnwood Fire Department. Ms. Hetzler advised another issue now being considered was station relocation which had not been addressed in the initial study. Councilmember Plunkett asked if the recommendation to withdraw was the Fire Department's recommendation or Administration's. Chief Tomberg advised it was the Edmonds Fire Department's recommendation. Council President Pro Tern White inquired about the impact on Edmonds of dissolving Medic 7 (the cost of Edmonds providing that service). Chief Tomberg said if Medic 7 dissolved, 11 Lynnwood could take on the Medic 7 responsibilities and Edmonds contract with Lynnwood for ALS services, or 2) Edmonds could provide its own ALS paramedics. He said the City currently paid $722,039 to Medic 7 for ALS services. If Lynnwood absorbed Medic 7, a like amount would be paid to Lynnwood. If Edmonds established its own standalone system, the cost would be approximately $975,000. He anticipated if Edmonds City Council Approved Minutes May 16, 2000 Page 8 Medic 7 dissolved, the same members would likely determine a way to be standalone but still provide a cooperative level of ALS service. Mayor Haakenson said over the past few months of fire consolidation talks, the cities of Lynnwood, Mountlake Terrace and Edmonds acquired very defined roles in this process. It was agreed early in the process that Lynwood would be the contractor as they have the ability and the financial resources to provide fire and medic services within South Snohomish County. As discussions continued, Lynnwood has continued in their role as the contractor and Mountlake Terrace has identified specific needs for Lynnwood as their service provider including cost savings, station closures, etc. He said the reason consolidation costs Edmonds more is because in order to achieve cost savings for Mountlake Terrace, Edmonds must pay more. He agreed there were still numerous unresolved issues, possibly very expensive items. Mayor Haakenson said Edmonds' staff has spent an enormous amount of time working on a combined proposal, possibly at the detriment of some of their other duties. Rather than withdraw from the process, Mayor Haakenson suggested Edmonds step aside and let Lynnwood, the contractor, and Mountlake Terrace, who have specific needs, work out their issues. He recommended Lynnwood develop a proposal and present it to Edmonds and Mountlake Terrace. Council President Pro Tem White recalled when he first served on the fire consolidation committee, a consultant was hired who determined including the fire district in consolidation was unworkable. Some time later, Mountlake Terrace, Lynnwood, Edmonds, Brier and Woodway discussed what might be the most cost/service advantageous effort to pursue including consolidation. That analysis indicated a need for a primary city to act as the contractor and it was determined this could only be Lynnwood. He agreed with Edmonds stepping back and allowing Lynnwood to make a proposal to integrate Mountlake Terrace. Councilmember Plunkett agreed any proposal by Lynnwood should be considered. He recommended Edmonds refocus on current deficiencies such as battalion chiefs, training, etc. and wait for Lynnwood to make a proposal. Councilmember Earling asked whether stepping back could potentially weaken the City's position. Mayor Haakenson advised the City's position would not change; Edmonds had been waiting for Lynnwood and Mountlake Terrace to determine whether they could resolve their issues. Council President Pro Tern White said the only material change would be Edmonds would no longer be participating in creating a proposal but rather requesting Lynnwood create a proposal and present it to Edmonds for consideration. Councilmembet Petso expressed concern that the description of this agenda item did not indicate the action under consideration. She said audience members may have provided comment under the audience comment agenda item had they known this action was being considered. She pointed out the memo indicated Mountlake Terrace intended to opt out of Medic 7 regardless of whether fire consolidation efforts were successful and recommended the City focus on how the ALS services would be provided in the future. Based on Council input, Mayor Haakenson advised Edmonds would step aside from further discussion with Lynnwood and Mountlake Terrace regarding consolidation at this time. Edmonds City Council Approved Minutes May 16, 2000 Page 9 ambling 1 10. DISCUSSION OF GAMBLING REGULATIONS AND REVENUE PERTAINING TO CARD Regulations TABLES For Councilmember Orvis, City Attorney Scott Snyder explained the City's gambling ordinance permitted anything the State permitted and taxed it to the maximum. Councilmember Orvis observed the ordinance did not allow zoning gambling establishments and banning a category must be done uniformly. Mr. Snyder agreed, explaining the State Statute did not refer to zoning but stated the City could not impose any additional conditions on gambling enterprises than the State permitted through their licensing provisions. For example, requiring a Conditional Use Permit for a gambling establishing that was not required for a tavern or restaurant would not be appropriate. He believed the City would prevail if challenged regarding establishing a card room in a residential neighborhood, as commercial activities were not permitted in that zone. He said the questionable area was imposing additional restrictions or selecting where a gambling establishment could be located. He said the City could ban card rooms, pull -tabs, bingo, etc. as a category throughout the community but could not dictate where they were located. Councilmember Orvis asked if the City could distinguish between Neighborhood Business and Commercial. Mr. Snyder said only if it was done for similar businesses, such as based on secondary impacts. He said the State licensed gambling activities; cities may tax but not exercise any additional powers /restrictions other than those allowed by the State. Councilmember Orvis asked if the City had any permits for card rooms currently. City Clerk Sandy Chase answered no, the City collected no tax revenue from card rooms. Councilmember Petso asked if the City could tax gambling entities differently based on their location. . Mr. Snyder answered no, the City could impose a 0 % -20% tax, the City currently had a 20% tax. Administrative Services Director Peggy Hetzler referred to a survey provided by the Washington State Gambling Commission of the estimated annual revenue received by other cities (Shoreline, Lynnwood, Everett, Tukwila, Kent, Burien and Lacenter) from the operation of a single 15 table card room establishment. She pointed out the survey indicated revenue from a single card room ranged from $90,000 per year to over $1 million. Police Chief Robin Hickok said he contacted the Everett Police Chief regarding this issue as Everett has 2 -3 gambling establishments. Everett's Police. Chief indicated the establishments had not been an enforcement issue. Assistant Chief Compaan contacted the Police Departments in Renton, Auburn, Fife, Federal Way and Kent who indicated none of the gambling establishments created a criminal crime problem. He said Auburn had one casino that attracted 20,000 — 30,000 people per day, approximately the number of residents who leave Edmonds for work elsewhere. For Mayor Haakenson, Ms. Chase clarified no businesses in the City reported gambling taxes for card playing activities. She explained a business paid taxes based on the type of gambling activity they reported to the State. Mayor Haakenson said although the City did not receive any revenue from card rooms, some one could hold a card. room license. Mr. Snyder explained gambling licenses were issued countywide which allowed them to locate anywhere in the County, incorporated or unincorporated. Councilmember Orvis was concerned with the social impacts of gambling and said gambling was not part of how he viewed Edmonds. He said few people had good things to say about gambling and he was Edmonds City Council Approved Minutes May 16, 2000 Page 10 not certain it would be good for the City. He was concerned the City could not zone card rooms, therefore, by allowing card rooms, the City was allowing them anywhere in the City even places such as Five Corners, Firdale Village, Westgate, Perrinville, etc. He recommended the Council consider banning card rooms in the City and hold a public hearing on the issue. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER PETSO, TO DIRECT STAFF TO DEVELOP A DRAFT ORDINANCE AND SCHEDULE A PUBLIC HEARING ON THE ISSUE OF PROHIBITING CARD TABLES IN EDMONDS. Councilmember Petso said she was not opposed to banning card rooms as they could always be allowed in the future and she was not opposed to holding a public hearing on any topic. Councilmember Plunkett suggested Council committees consider the issue. Councilmember Earling recommended all three committees discuss the issue. Councilmember Orvis explained Council President Miller and he discussed this and agreed it was best discussed by the entire Council. COUNCILMEMBER ORVIS WITHDREW HIS MOTION WITH THE APPROVAL OF THE SECOND. Councilmember Plunkett suggested Councilmember Orvis discuss the matter further with Council President Miller and encouraged Committee Chairpersons to place this item on an upcoming agenda. Mayor Haakenson asked whether a person holding a gambling license would be grandfathered if an ordinance to ban card rooms was adopted. Mr. Snyder answered no. He said there was also no waiting period; the Council could ban card rooms at any time. suttereeld 10A. DYKESBUTTERFIELD LETTER Appeal IAP-99-33 City Attorney Scott Snyder explained the Council received a request to remand the appeal to a staff level. The ordinance regulating alley access has changed, in order to have the application considered under the new ordinance, it would need to be reviewed by staff and the Hearing Examiner. When the Council last considered this issue, it was tabled without a date certain. Councilmember Petso asked if the new ordinance had been adopted. Mr. Snyder answered yes, it was in effect. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO TAKE THIS ITEM OFF THE TABLE. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO PLACE THIS ITEM ON THE JUNE 6 AGENDA. MOTION CARRIED. 11. MAYOR'S REPORT Cedar Dreams Mayor Haakenson announced the Cedar Dreams artwork would be dedicated on Thursday, May 18 at Dedication 5:00 p.m. The dedication would be followed by the second annual artwalk through Edmonds. Ana �g'S Mayor Haakenson advised the Brackett 's Landing bulkhead and walkway would be dedicated on Friday, ulkhead May 19. Edmonds City Council Approved Minutes May 16, 2000 Page 11 12. COUNCIL REPORTS xcused COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO bsence EXCUSE COUNCILMEMBER EARLING FROM THE MAY 2, 2000 MEETING. MOTION CARRIED, COUNCILMEMBER EARLING ABSTAINED. With no further business, the Council meeting was adjourned at 8:45 p.m. ARY 0 AKE SON, MAYOR r__� SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes May 16, 2000 Page 12 AGENDA EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street 7:00 -10:00 D.M. MAY 16, 2000 SPECIAL MEETING 6:45 P.M. — EXECUTIVE SESSION REGARDING A LEGAL MATTER 7:00 P.M. - CALL TO ORDER FLAG SALUTE 1. APPROVAL OF AGENDA 2. 3. 4. 5. 6. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF MAY 9, 2000 (C) APPROVAL OF CLAIM CHECKS #35959 THROUGH #41045 FOR THE WEEK OF MAY 8, 2000, IN THE AMOUNT OF $228,205.28 (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM KAREN CROOKER ($1,000.00), CLAUDIA SUNDLING ($1,050.00), AND ELIZABETH D. KEANE (Amount Undetermined) (E) APPROVAL OF LOWELL GARDEN, A FIVE -LOT FORMAL PLAT LOCATED AT 7705 - 238TH STREET SW (APPLICANT: THOMAS BELT / FILE NO. P -99 -183) (F) AUTHORIZATION TO CALL FOR BIDS FOR LOCAL IMPROVEMENT DISTRICTS (LID) NO. 215 AND 216 (G) AUTHORIZATION TO RESURFACE SECOND AVENUE NORTH FROM MAIN STREET TO BELL STREET (H) AUTHORIZATION TO LEASE POLICE MOTORCYCLE FROM LYNNWOOD CYCLE BARN (I) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT AMENDMENT WITH ARTIST FOR 5TH AND MAIN ARTWORK TO EXTEND COMPLETION DATE (J) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH CASCADE DESIGN COLLABORATIVE FOR THE ARCHITECTURAL DESIGN BOARD DESIGN GUIDELINES PROJECT (K) PROCLAMATION IN RECOGNITION OF PUBLIC WORKS WEEK, MAY 21 — 27, 2000 (L) PROPOSED ORDINANCE AMENDING THE PROVISIONS OF ECC 8.48.215, PARKING INFRACTION PENALTIES, IN ORDER TO PROVIDE FOR AN INCREASE IN. FINES AUDIENCE COMMENTS (3 Minute Limit Per Person) (10 Min.) FIRE SAFETY FOUNDATION PRESENTATION (10 Min.) PRESENTATION OF AWARD OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING (30 Min.) FINAL PLAT APPROVAL FOR KAIREZ SUBDIVISION (APPLICANT: GEORGE KAIREZ / FILE NO. P -93 -216; PROPERTY LOCATION: 9117 OLYMPIC VIEW DRIVE) Page 1 of 2 L 1 CITY COUNCIL MEETING AGENDA MAY 16, 2000 Page 2 of 2 7. (15 Min.) CONTINUED DELIBERATION REGARDING A PUBLIC HEARING HELD ON MAY 2, 2000, ON THE PLANNING BOARD RECOMMENDATION TO AMEND THE BN — NEIGHBORHOOD BUSINESS ZONE (ECDC CHAPTER 16.45.030), THE BC — COMMUNITY BUSINESS ZONE (ECDC CHAPTER 16.50.030), THE CW — COMMERCIAL WATERFRONT ZONE (ECDC CHAPTER 16.55.030), AND CG — GENERAL COMMERCIAL ZONE (ECDC CHAPTER 16.60.030) TO PERMIT LIMITED OUTDOOR DINING AS A PERMITTED USE AND TO OTHERWISE PERMIT MORE EXTENSIVE OUTDOOR DINING THROUGH A CONDITIONAL USE PERMIT 8. (15 Min.) REPORT ON COMMITTEE MEETINGS 9. (30 Min.) REPORT ON FIRE CONSOLIDATION 10. (20 Min.) DISCUSSION OF GAMBLING REGULATIONS AND REVENUE PERTAINING TO CARD TABLES 11. ( 5 Min.) MAYOR'S REPORT 12. (15 Min.) COUNCIL REPORTS Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at (425) 771 -0245 with 24 hours advance notice for special accommodations. The Council Agenda appears on Chambers Cable, Channel 46 Delayed telecast of this meeting appears the following Wednesday at noon and 7: 00 p.m., as well as, Friday and Monday at noon on Channel 46