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03/05/2002 City CouncilEDMONDS CITY COUNCIL APPROVED March 5, 2002 Following a Special Meeting at 6:30 p.m. for an Executive Session regarding legal matters, th City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Dave Orvis, Council President Pro Tem Jeff Wilson, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Richard Marin, Councilmember Deanna Dawson, Councilmember ELECTED OFFICIALS ABSENT Dave Earling, Council President 1. APPROVAL OF AGENDA STAFF PRESENT David Stern, Chief of Police Duane Bowman, Development Serv. Stephen Clifton, Community Service Peggy Hetzler, Administrative Servic Noel Miller, Public Works Director Brent Hunter, Human Resources Dirt Jim Larson, Assistant Admin. Serv. I ES Edmonds Chambers, Director s Director Rob Chave, Planning Manager Stephen Koho, Treatment Plant Manager Dave Gebert, City Engineer Don Fiene, Assistant City Engineer Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCIL PRESIDENT PRO TEM ORVIS MOVED, SECONDED BY COUNCILMEMBER MARIN, TO REMOVE ITEM 5 FROM THE AGENDA TO ALLOW THE PFD BOARD ADDITIONAL TIME TO ADDRESS ISSUES, AND EXTEND THE TIME OF AGENDA ITEM 11 (EXECUTIVE SESSION) TO 30 MINUTES AND ADD DISCUSSION REGARDING A REAL ESTATE MATTER. MOTION CARRIED UNANIMOUSLY. COUNCIL PRESIDENT PRO TEM ORVIS MOVED, SECONDED BY COUNCIILMEMBER MARIN, FOR APPROVAL OF THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER PLUNkETT, FOR APPROVAL OF THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF FEBRUARY 26, Edmonds City Council Approved Minutes March 5, 2002 Page 1 (C) APPROVAL OF CLAIM CHECKS #53874 THROUGH #54050 FOR THE WEEK OF FEBRUARY 25, 2002, IN THE AMOUNT OF $362,186.60 (D) BOND CAPITAL PROJECTS UPDATE (E) AUTHORIZATION TO CALL FOR BIDS FOR THE WOODWAY ELEMENTARY SCHOOL WALKWAY PROJECT (F) AUTHORIZATION TO CALL FOR BIDS FOR THE SOUTH 76TH AVENUE WEST PAVEMENT REHABILITATION (SR 104 TO SR 99) PROJECT (G) REPORT ON BIDS OPENED FEBRUARY 12, 2002 FOR THE PUBLIC WORKS FACILITY VACTOR STATION CANOPY AND AWARD OF A CONTRACT TO INTERWEST CONSTRUCTION ($35,742.07, Including Sales Tax) (H) APPROVAL OF ADDENDUM #2 TO CH2M HILL PROFESSIONAL SERVICES AGREEMENT (1) APPOINTMENT OF RALPH LARSON TO THE CITIZENS COMMISSION ON SALARIES OF ELECTED OFFICIALS (J) REPORT ON BIDS OPENED ON FEBRUARY 22, 2002 FOR A HEAT EXCHANGER AND AWARD TO THERMAL TRANSFER CORPORATION FOR THE AMOUNT OF $234,850 (Not Including Sales Tax) (K) AUTHORIZATION TO ADVERTISE FOR STATEMENTS OF QUALIFICATION FROM CONSULTANTS FOR THE DESIGN OF THE 220TH STREET SW IMPROVEMENTS (NINTH AVENUE SOUTH TO 84TH AVENUE WEST) PROJECT 3. THE FOLLOWING MATTER HAS BEEN RESCHEDULED TO MARCH 19, 2002: CLOSED RECORD MEETING REGARDING THE HEARING EXAMINER'S RECOMMENDATION FOR APPROVAL OF AN APPLICATION BY THE TALBOT PARTNERS, LLC FOR A NINE -LOT FORMAL PLAT AND PLANNED RESIDENTIAL DEVELOPMENT (PROPERTY LOCATION: 802X CYRUS PLACE / FILE NOS. P-01-78, PRD -01-79, AND AP -01- 165) Mayor Haakenson explained this item had been removed from the agenda as the applicant was unavailable for tonight's meeting. The Council President, in accordance with City Code, allowed this item to be rescheduled for March 19, 2002. 4. INTRODUCTION OF NEW MEMBERS OF THE CITIZENS COMMITTEE ON SALARIES OF ELECTED OFFICIALS: RALPH LARSON, WILLIAM BROUGHER AND JAMES UNDERHILL Human Resources Director Brent Hunter, staff person for the Citizens Committee on Salaries of Elected Officials, explained the task of the Committee was to review the salaries of elected officials and prepare an advisory recommendation regarding their compensation. He explained one member of the committee was appointed by the Mayor, two appointed by the Council, and the members of the committee appointed the remaining four. He noted Ralph Larson was a Council appointee to the Committee. Mr. Hunter reported the Committee would begin meeting soon to review salary data from other cities and would hold a series of public hearings to gather input from citizens regarding elected officials' salaries. The Committee will issue a recommendation to the Council within the next three months. Edmonds City Council Approved Minutes March 5, 2002 Page 2 Mr. Hunter identified the existing members of the Committee: Kevin Clark, Ellen Ernst, James Braun, and Don Bakken. He introduced new members Ralph Larson, James Underhill, and William i Brougher and described their backgrounds. Council President Pro Tem Orvis thanked the three new members for volunteering to serve on the Committee, noting this was a thorny issue and it took courage to participate on the Committee. 5. PRESENTATION BY THE EDMONDS PUBLIC FACILITIES DISTRICT BOARD REQiUESTING COUNCIL AUTHORIZATION TO HOLD A SPECIAL ELECTION IN APRIL 2002 TO RAISE THE LOCAL SALES TAX RATE ONE-TENTH OF ONE PERCENT TO HELP FUND THE CONSTRUCTION OF A REGIONAL CENTER Mayor Haakenson advised this item was removed from the agenda to allow the Edmonds Public Facilities District (PFD) additional time to prepare their presentation. 6. AUDIENCE COMMENTS Bill Trenkamp, 424 Daley, Edmonds, made the following points regarding the Edmonds PFD proposed tax increase: The State of Washington is $1.6 billion short in revenue. The unemployment rate in Washington is 7.5%. In Council meeting minutes of November 13 and 20, the City was studying ways to increase property taxes and cut spending. Snohomish County PFD revenues from sales tax are declining. The library annexation is a new tax this year. The Edmonds PFD projects an operating' deficit of $280,000 per year and wants the City or other benefactor to pay the cost of staffing. Thep Edmonds Beacon reported the Mayor said that the City has no money. 326 events and 114,000+ attendees are projected for the PFD facility with no off-street parking in a residential neighborhood. Angle parking is projected on Daley, 6"' Ave., and 4th Ave., where streets are not wide enough. And, several Edmonds Community Development Codes would need to be changed. Mr. Trenkamp preferred any sales tax increase be used for existing City needs and not to further encumber the City over 25 years. The intent of the "Public" zone was not to create traffic problems but to mitigate the impact of overflow traffic in the neighborhoods. He stated the proposed development on this site would dramatically impact the residents. Kirk Niemi, 609 Aloha Way, Edmonds, spoke in opposition to the use of Puget Sound Christian College (PSCC) as a regional special events center. There was inadequate parking in the neighborhood to accommodate the projected use of a regional special events center. A regional special event center would generate significantly more traffic in their neighborhood and create a safety problem. He noted on Sunday afternoons, 15-30 cars turn around in his driveway. Carol Nordling, 610 Glen Street, Edmonds, was opposed to an increase in sales tax for a regional center and to the proposed regional center, stating it was inappropriate for the neighborhood. She referred to the November Feasibility Study that indicated the neighborhood was not a good place for the facility and any benefit would be offset by the location in an established residential area. She preferred that development of a regional center occur at a later date when more money was available) She was opposed to an increase in sales tax when there was no evidence this would be a quality project. She was concerned the project would end in the middle and citizens would not get what they wanted. Roger Hertrich, 1020 Puget Drive, Edmonds, submitted a copy of information he presented to the Snohomish County PFD Board, explaining what was at stake was saving a historic structure and providing an opportunity for an improved facility to meet the needs of day conferences if adequate parking could be provided. He recalled a recent event that filled the Floral Arts Center, the PSCC auditorium, and Edmonds Theater showed the need for such a facility and brought many people to the Edmonds City Council Approved Minutes March 5, 2002 Page 3 City. Next, Mr. Hertrich referred to the contract with the Edmonds Alliance for Economic Development that he submitted to the Council last week, requesting the City Attorney provide an opinion regarding whether it was a valid contract. He pointed out the contract calls for marketing and tourism promotion, which was not what was outlined in the work plan that the Alliance submitted at the Council retreat. Council President Pro Tem Orvis reminded audience members of the Edmonds PFD'S meeting on Friday, March 8 at 9:00 a.m. in the 3rd Floor Conference Room. Councilmember Plunkett advised he presented Mr. Hertrich's suggestions to the Alliance Executive Board. The Board plans to submit a letter to the Council in response to Mr. Hertrich's comments. Councilmember Dawson asked whether the presentation by the Edmonds PFD had been rescheduled. Mayor Haakenson assumed their intent was not to place the matter on the April ballot but rather in May and that their presentation would occur within the next three weeks. 7. DISCUSSION ON BOARD OF APPEALS Development Services Director Duane Bowman explained in 1996, the City eliminated the Board of Appeals (BOA) and transferred the function to the Hearing Examiner. Typically a BOA is comprised of technical experts such as structural engineers, architects, builders, fire inspectors, and mechanical and electrical experts who evaluate limited appeals of the Building Official's interpretation of the Uniform Building Code (UBC). Boards of Appeal rarely meet; in Edmonds there have been only five appeals in the past ten years. Staff has been meeting with groups of stakeholders from the development community who suggested the City consider the possibility of forming a BOA. Because the Boards rarely meet, consideration was given to a consolidated board with other jurisdictions. Staff contacted Lynnwood whose BOA has not met since 1979, and their Building Official, who was intrigued by the idea, has retained a number of experts interested in serving on such a Board, and is exploring the possibility of a regional BOA that could serve the cities of Lynnwood, Edmonds, Mill Creek, Mountlake Terrace, Shoreline, Brier, etc. Mr. Bowman noted this would provide a benefit to the region as a uniform position could be issued on Board of Appeal issues — for example, if an issue were resolved by the Board in one community, and the issue arose in another community, it would have already been addressed. He noted Building Officials in various cities already communicate with each other when making decisions. Mr. Bowman advised the recommended action was to direct staff to pursue the formation of a consolidated BOA and to prepare the necessary documents to implement the Board. Should the efforts to form the consolidated BOA fail, staff would be authorized to prepare the necessary code changes to create a local BOA. Council President Pro Tem Orvis asked what type of appeals the BOA would hear. Mr. Bowman answered they only heard technical appeals of interpretations of the Building Official regarding the UBC such as alternative materials and methods. For example, if a new fire caulking product is proposed that had not been rated, the Building Official would investigate the technical aspects of the material and make a determination on whether the material could be used. If the Building Official denied the use of the material, his/her interpretation could be appealed to the BOA who would review the technical information and make a decision. City Attorney Scott Snyder pointed out the importance of distinguishing between technical appeals of interpretations of the Building Official regarding the UBC and variances. He explained the Building Edmonds City Council Approved Minutes March 5, 2002 Page 4 Official or any Board did not have the ability to lower standards; the finding must always be that the proposed substitution would provide an equal or greater material or method. He noted most of the Building Official's decisions were non -discretionary; the only issue before the BOA would be whether the same purpose could be achieved with a different material or method. Councilmember Plunkett inquired whether this matter had been presented to the Community Services Committee. Mr. Bowman answered he had spoken with Councilmember Wilson and Councilmember Marin (members of the Community Services Committee). Mayor Haakenson clarified this issue arose from the Council retreat. Mr. Bowman advised the matter had been discussed at a Community Services Committee but a recommendation was not made. Councilmember Plunkett pointed out there were no minutes from the Community Services (Committee meeting provided in the Council packet. Mr. Bowman offered to provide the minutes to the Council. Councilmember Plunkett inquired whether there was any correspondence from the stakeholders who were interested in forming the BOA. Mr. Bowman explained the BOA was proposed by the stakeholders but they had not provided any written documentation. Councilmember Plunkett pointed out there was no information provided regarding the technical aspects of the proposal or the proposed 3-6 month process. Mr. Bowman answered the 3-6 month process referred to development of interlocal agreements. He explained staff supported the formation of a consolidated BOA to avoid multiple jurisdictions each having their own BOA. Councilmember Plunkett commented he also might support the proposal but had less than 500 words describing the proposal. Mr. Bowman offered to provide additional documentation at the Council's request. Councilmember Marin advised the Community Services/Development Services Committee addressed this issue, provided a recommendation of support and recommended it be brought to the full Council for consideration. Councilmember Marin commented the perception among builders/developers was that it was difficult to do business in Edmonds. The builders/developers recognize a BOA would be used very rarely and recognize if they were to pursue an appeal, it would be time consuming and possibly costly. The perception by forming the BOA was that the City would be doing something for builders/developers that provides them an option to appeal an interpretation to a level of expertise that knows the UBC well. Councilmember Petso inquired about the substance of the five appeals in the past ten Zrs. Mr. Bowman answered materials and methods, primarily structural and alternate materials such as fire caulking. Councilmember Petso observed there appeared to be an inherent conflict of interest with members of the board who may work with builders/developers in the City. Mr. Bowman answered it would depend on how the BOA was structured and the operating rules of the BOA. Mr. Bowman advised board members would not participate in an appeal where there was a conflict of interest. Mr. Bowman pointed out the interlocal agreement that was developed would require Council approval. He noted the Building Official from the local jurisdiction would need to be an ex -officio member of the board. Councilmember Petso noted the board would be comprised of local builders/developers bringing appeals to a BOA comprised of local professionals. Mr. Bowman explained the experts on the BOA could be retained from outside the area. Edmonds City Council Approved Minutes March 5, 2002 Page 5 Councilmember Petso inquired how an independent BOA would retain the Hearing Examiner's respect for the concept of precedence. Mr. Bowman stated the Building Official would provide the information they gathered during their research of the proposal. The BOA would also have a past history of decisions and the new BOA would have their knowledge of past experience regarding that issue. A Building Official typically called other Building Officials to inquire about proposed alternatives. The BOA would have access to that information and the appellant could also bring independent information to the BOA. The BOA's decisions could be referenced in future decisions on the same or similar matters. Councilmember Petso questioned whether landslide was an issue addressed in the UBC. Mr. Snyder answered the Council directed all appeals to be to Superior Court, there was no internal appeal. For Councilmember Petso, Mr. Snyder explained drainage issues typically would not be covered by the UBC. The issues were primarily building materials, alternative fire exiting methods, burn walls, sprinkler configurations, etc. He said these requirements could not be eliminated but an alternative placement, method, etc. could be proposed. He assured it was not a waiver or variance process, the proposed alternative must provide equal or better protection. If a consolidated BOA was formed, Councilmember Petso was concerned with the City being bound by a decision made by another jurisdiction with regard to drainage and landslide issues. Mr. Bowman assured the BOA would consider local ordinances as well. Councilmember Petso asked whether the decision of the BOA could be appealed. Mr. Snyder answered the appeal was to the Superior Court under the Land Use Petition Act. He recommended the Council consider whether staff, on behalf of the City, should be authorized to appeal. He explained these appeals were not the type to interest the neighborhood but may set a precedent. He suggested the Council consider who would be authorized to appeal and what type of notice would be provided. This was necessary as there were questions whether an entity may appeal a decision that in theory was made by the entity itself. Councilmember Petso observed whether the Hearing Examiner or BOA made the decision, appeals could be made to the Superior Court. Councilmember Marin pointed out builders have noticed the UBC calls for a BOA. A number of years ago, this process was changed to the Hearing Examiner. Builders have noticed the decision goes from a staff person to another person who is less qualified to understand building code issues but makes a final determination. Builders are requesting the City comply with the UBC. Councilmember Dawson observed the theory behind a regional BOA was that they meet infrequently and the members may not be available when a meeting was necessary. Mr. Bowman acknowledged that was an issue. The concept of a regional BOA was intriguing to Building Officials as their decisions could be used when making future determinations. Councilmember Dawson inquired whether BOA members could be from outside the area. Mr. Bowman answered they could be, the intent was to have technical experts to review technical issues. Councilmember Dawson asked whether an Edmonds -only BOA would be comprised of only Edmonds residents. Mr. Bowman answered no. Councilmember Dawson asked whether the change from a BOA to the Hearing Examiner was made due to the infrequency of their meetings. Mr. Bowman answered that was one of the reasons as it was Edmonds City Council Approved Minutes March 5, 2002 Page 6 difficult to maintain a board that rarely met. Mr. Snyder recalled an instance where new board members had to be appointed and trained and 60 days elapsed before they could hear an appeal. Council President Pro Tem Orvis pointed out if the Council approved the recommended action, staff would return to Council for final approval. He inquired whether there would be opportunityfor public comment. Mr. Bowman answered the item could be scheduled to include public input. For Councilmember Wilson, Mr. Snyder explained State Statute defines conflicts of interest for municipal officials; it would be a misdemeanor for a member of the board to hear a case that he/she had a financial interest in. He noted someone would need to raise the Appearance of Fairness Challenge and in these instances, usually the only people participating are the builder, the Building Official and the BOA. He was familiar with one board that operated on an interlocal basis similar to this — they have a list of approximately 15 members who have been appointed and trained — a sufficient number to comprise a 5 - member board and avoid any members who may have a conflict. Councilmember Wilson asked if there had been local amendments to the UBC. Mr. Bowman answered yes. The BOA would be required to consider the UBC as well as local amendments. Councilmember Wilson pointed out there were other boards in the City whose members were not City residents such as the Architectural Design Board (ADB). He noted the potential for conflict of interest and the need for technical expertise was the reason members were not required to be City residents. Mr. Bowman pointed out the ADB also had local representation. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM ORVIS, TO EXTEND THIS ITEM FOR TEN MINUTES. MOTION CARRIED UNANIMOUSLY. Mayor Haakenson asked whether the creation of the Board would come back to the Council in the form of an ordinance. Mr. Snyder advised that it would. Mayor Haakenson remanded the matter to Council for action. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER WILSON, TO DIRECT STAFF TO PURSUE FORMATION OF A CONSOLIDATED BOARD OF APPEALS AND TO PREPARE THE NECESSARY DOCUMENTS TO IMPLEMENT THE BOARD. SHOULD THE EFFORTS TO FORM THE CONSOLIDATED BOA FAIL, STAFF IS AUTHORIZED TO PREPARE THE NECESSARY CODE CHANGES TO CREATE A LOCAL BOA. Council President Pro Tem Orvis indicated he could support the motion as long as public comment was scheduled to gather further information. Councilmember Plunkett indicated he would not support the motion, not due to substance, but due to Council procedures. He noted the recommended action was for the Council to create a new Board and although the Council was informed the Community Services Committee had discussed the matter, the Council did not have the minutes in the packet, there was no written information from stakeholders, there was no information regarding the proposed interlocal agreement, and there was no white paper on the technical aspects. Councilmember Wilson supported the motion, noting although he was a strong proponent of the Hearing Examiner, there were abilities and limitations that affect the Hearing Examiner's decision-making Edmonds City Council Approved Minutes March 5, 2002 Page 7 process. He noted the BOA would provide a sense of equity by using technical experts to resolve primarily life safety issues. The experts most qualified to make those decisions were licensed engineers, architects, and structural engineers who have worked in that field. Those experts would make a decision based purely on facts and the technical evidence presented. He noted the concept of a consolidated board was beneficial, as the board did not meet often. A consolidated board would allow retention of expertise, and provided a degree of consistency in decisions in the area. If a consolidated board was not possible, he recommended the City form its own BOA using the best technical expertise available. He commented that establishing a pool of expertise would allow the BOA to avoid potential conflicts of interest. Councilmember Petso agreed with Councilmember Plunkett that the Council was not provided with sufficient information regarding this item. She thanked Senior Executive Council Assistant Jana Spellman for providing background information on this matter, including Council minutes from July 20, 1993 when the existing BOA was eliminated and appeals were directed to the Hearing Examiner as well as Ordinance No. 2939 that enacted the Council's intent to eliminate the BOA. She encouraged Ms. Spellman to distribute this information to the Council. Councilmember Petso noted the Council had not had an opportunity to discuss the statement in the ordinance that eliminated the BOA, including a desire to limit the liability of the city, which may occur due to the inexperience or lack of training of the board. She urged staff to provide a white paper explaining why it was now desirable to assume the risk. Councilmember Dawson supported the concept of a BOA as well as a regional BOA. She noted the City has learned since the BOA was eliminated, that the Hearing Examiner does not have the expertise to address many of the technical issues. She pointed out the motion did not form the BOA; it directed staff to pursue formation and gather the necessary information. She supported seeking public comment before the BOA was established. Councilmember Marin and Councilmember Wilson agreed the motion would include scheduling a public hearing. Mayor Haakenson restated the motion as follows: DIRECT STAFF TO PURSUE FORMATION OF A CONSOLIDATED BOARD OF APPEALS AND TO PREPARE THE NECESSARY DOCUMENTS TO IMPLEMENT THE BOARD. SHOULD THE EFFORTS TO FORM THE CONSOLIDATED BOA FAIL, STAFF IS AUTHORIZED TO PREPARE THE NECESSARY CODE CHANGES TO CREATE A LOCAL BOA. A PUBLIC HEARING WOULD BE SCHEDULED TO ALLOW THE PUBLIC TO COMMENT ON THE PROPOSED ORDINANCE. MOTION CARRIED. (The vote was 4-2, Councilmembers Plunkett and Petso opposed.) 8. PROPOSED ORDINANCE TO ESTABLISH A UTILITY ASSISTANCE FUND Assistant City Engineer Don Fiene explained the sewer construction in the Perrinville LID areas was completed approximately a year ago. Pursuant to City Code, property owners were given a deadline of August 6, 2001, to connect to the sewer. One owner in the area has not connected to the sewer due to severe hardship. After discussion with the City Attorney and Community Services/Development Services Committee, it was agreed the establishment of a Utility Assistance Fund was the best solution. The Community Services/Development Services Committee endorsed this at their February 12 meeting. Alternatives to funding the connection by drawing from the proposed Utility Assistance Fund are: 1) shut off the water, or 2) connect the residence to the sewer and place a lien on the property. He noted the first Edmonds City Council Approved Minutes March 5, 2002 Page 8 alternative was not appropriate due to the hardship involved. Staff recommends establishing a Utility Assistance Fund and $4,000 be appropriated as seed money for the fund. Future funds wouldbe sought from charitable and civic organizations. City Attorney Scott Snyder explained the intent was to identify a practical and plausible way �to address the situation without using public funds. The Constitution permits the City to provide assistance to members of the public who are "aged and infirm" which would be the case in this situation. He noted requirements for eligibility were incorporated, the same as the Council has previously adopted for reduced utility rates as provided in State Statute. Council President Pro Tem Orvis inquired how future cases would be handled, whether there would be objective standards developed to qualify for the funding. Mr. Snyder explained the City used a low income eligibility standard established by State law, the same one the City uses to determine' eligibility for reduced utility rates. He reminded citizens who were having problems with their utility bills that such reductions were available. Mr. Snyder explained the ordinance did not obligate the Council �o fund the Utility Assistance Fund in the future; it was anticipated inserts would be included in utility bills encouraging donations and service organizations would be alerted of the opportunity to donate. Regarding placing a lien on the property, Mr. Snyder explained although the City could connect the residence to the sewer and place a lien on the property, the legal fees would triple the cost of the connection and there are several liens already on the property and no remaining equity. Councilmember Petso asked if the funds could be collected when the property was sold if a lien were placed on the property. Mr. Snyder clarified the value of the current liens exceeded the value of the property. He summarized if the City filed a lien, it would be last in line to collect when the property were sold. Councilmember Petso asked the cost of connecting the residence to sewer. Mr. Fiene estimated the cost at $2,00043,000. Mr. Snyder explained legal fees, having the connection done via bid, cost of filing the lien, etc. would be approximately three times the cost of hook-up. Councilmember Petso asked if the Utility Assistance Fund would be used for all types of utilities such as stormwater bills. Mr. Fiene answered it would be used for the Combined Water, Sewer, and Stormwater Utility Fund. I Councilmember Petso asked whether a resident could apply for funds from the Utility Assistance Fund to hook up storm drains appropriately. Mr. Snyder noted the ordinance indicated the Utility Assistance Fund would be used for utility charges, connection fees, and other exactments levied by the utilities. He explained restrictions other than financial had not yet been established. j Councilmember Petso noted staff's presentation indicated the intent was not to pay for this from public funds, yet the proposal was for $4,000 from the Council Contingency Fund. Mr. Fiene clarified the intent was for the Utility Assistance Fund to be funded via contributions in the future. Councilmember Petso asked whether staff wanted to establish this fund anyway or was it being established to solve this one problem. She noted if it was being done to solve this one problem, it would only cost $2,00043,000 to hook up this resident versus $4,000 in seed money to establish the fund plus staff and legal time to operate the fund. Mr. Fiene acknowledged the current situation raised the idea of a Utility Assistance Fund but staff agreed it could be used to address other situations. Edmonds City Council Approved Minutes March 5, 2002 Page 9 Council President Pro Tem Orvis asked why the resident could not continue using their septic system. Mr. Snyder explained the purpose of the LID was to force everyone in the neighborhood to hook up. With very few exceptions, everyone has hooked up. The City intends to pursue enforcement action against two parties who have not hooked up. Mr. Fiene noted out of 237 assessments, only three have not hooked up. Mr. Snyder explained while pursuing those who can pay, the City is attempting to identify a way to assist those who cannot pay. Mayor Haakenson remanded the matter to Council for action. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM ORVIS, FOR APPROVAL OF ORDINANCE NO. 3393, ESTABLISHING A UTILITY ASSISTANCE FUND. Councilmember Petso noted the ordinance called for $4,000 in start-up funds from the Council Contingency Fund as well as for Mayor, Staff and Councilmembers to seek out contributions from charitable and civic organizations to build the fund. She expressed concern that the Council was incurring an ongoing obligation to fund the Utility Assistance Fund. She noted there were other revenue sources available to residents for assistance with utility bills, including churches and other charitable organizations. She was also concerned with establishing the Utility Assistance Fund to solve one problem, noting it would be easier just to hook up the resident. Councilmember Plunkett commented that although the statement that Mayor, Staff and Councilmembers to seek out contributions from charitable and civic organizations to build the fund was well intended, he was uncertain how this would occur. Councilmember Dawson clarified the intent was not for the Mayor, Staff and Councilmembers to solicit donations, staff would include an opportunity for customers to make donations as well as send a memo to charitable organizations informing of the opportunity to make donations. She noted the proposal was cheaper than other alternatives, was well intended and helped someone in a difficult position. Councilmember Marin and Council President Pro Tem Orvis agreed to delete the following sentence in Section 2 of the ordinance, "The Mayor and Staff, as well as the Councilmembers, are encouraged to seek out contributions from charitable and civic organizations for the purpose of aiding Edmonds low- income, elderly and disabled rate payers." MOTION CARRIED. (The vote was 5-1; Councilmember Petso opposed). The ordinance passed reads as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECC CHAPTER 7.60 COMBINED UTILITIES TO ADD A NEW SECTION 7.60.030 UTILITY ASSISTANCE FUND IN ORDER TO PROVIDE FOR THE ASSISTANCE OF THE LOW-INCOME ELDERLY AND DISABLED PERSON, APPROPRIATING START-UP MONIES TO THE FUND, PROVIDING FOR A CHARITABLE AND CIVIC DONATION AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. 9. MAYOR'S COMMENTS Mayor Haakenson advised Council President Earling suffered a minor heart event late Friday evening/early Saturday morning. Council President Earling is doing extremely well; there was no Edmonds City Council Approved Minutes March 5, 2002 Page 10 damage that required surgery. He anticipates being out of the hospital and home by the end of the week. Mayor Haakenson wished Council President Earling a speedy recovery. Mayor Haakenson recognized Port of Edmonds Commissioner Fred Gouge, Port liaison to the Edmonds City Council, in the audience and expressed his appreciation for his attendance at Council meetings, noting this was beneficial to the relationship between the Port and City. 10. COUNCIL COMMENTS COUNCIL PRESIDENT PRO TEM ORVIS MOVED, SECONDED BY COUNCILEMBER DAWSON, TO EXCUSE COUNCILMEMBER MARIN FROM THE MEETINGS OF FEBRUARY 19 AND 26. MOTION CARRIED. (The vote was 5-0-1; Councilmember Marin abstained.) Councilmember Dawson wished Council President Earling a speedy recovery. Councilmember Wilson reported on Saturday he participated in awarding the championship trophy to the Girls U-16 State Soccer Championship at the Edmonds-Woodway Stadium. He noted this waIs the third year the City's fields have hosted the State Championship for these select programs. He encouraged the public to attend the games this weekend, noting the sportsmanship by the players on the field ias well as the fans was fantastic. 11. EXECUTIVE SESSION REGARDING LABOR NEGOTIATIONS AND A REAL ESTATE MATTER At 8:20, Mayor Haakenson recessed the Council to a 30 -minute Executive Session regarding labor negotiations and a real estate matter. He advised no action would be taken and the Council would adjourn immediately following the Executive Session. j SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes iMarch 5, 2002 Page 11 AGENDA = EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 51" Avenue North 7:00 - 10:00 p.m. MARCH 5, 2002 6:30 p.m. - Executive Session Regarding Legal Matters 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 February 26, 2002 (C) Approval of Claim Checks #53874 Through #54050 for the Week of February 25, 2002, in the Amount of $362,186.60 (D) Bond Capital Projects Update (E) Authorization to Call for Bids for the Woodway Elementary School Walkway Project (F) Authorization to Call for Bids for the South 76th Avenue West Pavement Rehabilitation (SR 104 to SR 99) Project (G) Report on Bids Opened February 12, 2002 for the Public Works Facility Vactor Station Canopy and Award of a Contract to Interwest Construction ($35,742.07, Including Sales Tax) (H) Approval of Addendum #2 to CH2M Hill Professional Services Agreement (1) Appointment of Ralph Larson to the Citizens Commission on Salaries of Elected Officials (J) Report on Bids Opened on February 22, 2002 for a Heat Exchanger and Award to Thermal Transfer Corporation for the Amount of $234,850 (Not Including Sales Tax) Page 1 of 2 CITY COUNCIL MEETING AGENDA March 5, 2002 Page 2 of 2 (K) Authorization to Advertise for Statements of Qualification from Consultants for the Design of the 220t" Street SW Improvements (Ninth Avenue South to 84'h Avenue West) Project j 3. ( 5 Min.) The following matter has been rescheduled to March 19, 2002.- Closed 002:Closed Record Meeting Regarding the Hearing Examiner's Recomm ndation for Approval of an Application by the Talbot Partners, LLC for a Nine1Lot Formal Plat and Planned Residential Development. (Property Location: $02X Cyrus Place / File Nos. P-01-78, PRD -01-79, and AP -01-165.) 4. (5 Min.) Introduction of New Members to the Citizens Commission on Salaries of Elected Officials: Ralph Larson, William Brougher, and James Underhill 5. (30 Min.) Presentation by the Edmonds Public Facilities District Board Requesting Council Authorization to Hold a Special Election in April 2002 to Raise the Local Sales Tax Rate One -Tenth of One Percent to Help Fund the Construction of a Regional Center* (*Public comment will be received.) 6. Audience Comments (3 Minute Limit Per Person) 7. (15 Min.) Discussion on Board of Appeals 8. (15 Min.) Proposed Ordinance to Establish a Utility Assistance Fund 9. ( 5 Min.) Mayor's Comments 10. (15 Min.) Council Comments 11. (15 Min.) Executive Session Regarding Labor Negotiations ADJOURN 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 as well as a delayed telecast of the meeting appears on AT&T Cable, Channel 21.