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SNO CO DEED-COUNCIL.pdfEDMONDS CITY COUNCIL COPY aN10tvC�5 CITY HAf_! . FIRST FLOOR 121 5r.H .AVENUE NORTH . ONIONOS, 'VA 98020 e PHONE: (425} 777-0248 - FAX 1-125) 771.0254 July 9, 1999 To:'Jim Walker City Engineer City of Edmonds From: John Nordquist Councilman Subject: Easement/"Fire Access" Between Woodway Meadows and Forest Glenn This easement is of interest to me since we have received several letters from the developers of the Chevron property. In my research I have asked our Planning Department the status of the road and was told it is on the tax rolls however they could not find a copy of it the document but ostensibly it is a City right--of-way I am told. Then the next item of discovery is the fact that a sewer pipe crosses this easement near the middle of the length of the road and I have discovered that the easement for this pipe was purchased by the Echelbargers. Now was this easement purchased from the City of Edmonds? Thirdly my discovery uncovered a water line running the full length of the pipe line. What concerns me here is that the pipe is only 22' feet underground as explained to me. At this_ point in my discovery it would be appear to me that the highest and best use of the road would be for the resilents abutting it for minor access and otherwise restricted for any, ,other use_. Lastly perhaps you could inventory for me the easements thathave been given by the City on this roadway and to whom they were given. Your attention in this matter will be greatly appreciated. Respectfrlly yours Incorporated ALQgUSt 11, 1890 City of Edmonds City Council 121 5"' Avenue North Edmonds, WA 98020 Janet R. Robertson 10523 - 240"' Pl. S.W, Edmonds, WA.98020 Adrienne Monellas and the City Council: Attached is a letter written in 1999 by then City Council member John Nordquist detailing the then utilities found in the Utility Corridor (or alley) that runs parallel and adjacent to the south edge of Restlawn Cemetery. This will explain some of the precode utilities found there. At .our request at the time that Woodway Meadows was built, Dean Echelbarger agreed to pavement over gravel and a gated entrance so that he could have the necessary emergency road. This had been an unused lane to the Standzrd Tanks that were built in the forties. Then it became a path for dirt bikes. A tractor was run over it and then the pavement added. Mayor Haakenson and four members of the City Council walked and studied the situation prior to their determinations. We feel strongly that this "Alley" should be preserved as is. Thank you. Sincerely, -112 Jc net R. Robertson (206) 546 5578 Copy Sent to: Kernen Lien Rob Chave Shane Hope Mayor Earling by: Jana Spellman Ex. Asst. to Council 11, E oar 2,'01 0006.900000 WSS/gjz 6/28/01 V RESOLUTION NO. 1005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING A USE CLASSIFICATION FOR CERTAIN REAL PROPERTY DEEDED TO THE CITY BY SNOHOMISH COUNTY AND COMMONLY REFERRED TO AS THE WOODWAY MEADOWS PROPERTY. WHEREAS, on September 10, 1999, the City of Edmonds accepted a property tax deed from Snohomish County for certain real property located near Woodway Meadows and long used as an access for adjacent property, and, WHEREAS, the City established a temporary use classification for the property on September 21, 1999, directing that the property be used for established access to private properties, utility purposes and emergency access to the Town of Woodway, and WHEREAS, neighborhood residents expressed concern regarding the future use for the property, as well as opposition to its use as a bikeway or walkway, and WHEREAS, the City maintains that bikeway comprehensive plan and a walkway comprehensive plan for the designation of City property to be used for biking or walking, and WHEREAS, the Planning Board held a public hearing on May 23, 2001 and has recommended to the City Council that: 1. A permanent use classification be established consistent with the temporary classification established by the City Council in September of 1999; 2. That a street snap amendment be initiated to classify the property's right of way and tying use of the right-of-way to the uses established and adopted use resolution; and 3. That a drainage easement access be included as a utility use, (wSs483i07 D0Q1100006.900000/) - 1 - RESOLVED this 17th day of July, 2001, APPROVED: MAY(bR, G �, Y'll XA N, 1�-,,NSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: 07/13/2001 PASSED BY THE CITY COUNCIL: 07/17/2001 RESOLUTION NO. 1005 JWSS483507.DOC;1100006,900000/) -3- NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Certain real property acquired by the City of Edmonds pursuant to Treasurer's Deed No. 5358 and described as the East 20 feet and the South 20 feet of the Northwest quarter of the Southwest quarter of Section 36, Township 27, Range 3, East, W.M. is hereby designated for use in the City of Edmonds Comprehensive Plan for the following purposes: 1. For previously established access to private properties from the aforementioned strip of land to be maintained by private property owners to, but only to, the limited extent such access was established on or before the date of recordation of Treasurer's Deed No. 5358; and 2. For maintenance of and access to water, sewer and other public utilities duly franchised by the City of Edmonds, including but not limited to utility structures maintained by the Olympic View Water District, structures maintained by the City's drainage utilities and other public utilities authorized to use public property within the City of Edmonds pursuant to statute, ordinance and franchise agreement. 3. For emergency access purposes including such limited improvement of the area as ordered by the Town of Woodway pursuant to development approvals for Woodway Highlands Subdivision or under the terms and conditions of any street -use permit issued by the City of Edmonds to the developer authorizing use of the strip of land. Section -2. Nothing herein shall be interpreted to limit the legislative discretion of the City Council to ultimately determine and/or redetermine the use of this or any other property within the City of Edmonds in accordance with the powers granted to the City Council under the Constitution of the United States, the Constitution of the State of Washington, the Laws of the State of Washington and the ordinances of the City of Edmonds.. (wSS493507.DOC; 1/00006.900000/1 - 2 - N N jeptls\CityClerk\( N\CM010626.DOC N Nh A EDMONDS CITY COUNCIL APPROVED MINUTES June 26, 2001 Page 1 of 22 Following a Special Meeting at 6:50 to meet with a new member of the Cemetery Board, the Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson iri the Council Chambers, 250 5 th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Dave Earling, Council President Thomas A. Miller, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Dave Orvis, Councilmember Richard Marin, Councilmember STAFF PRESENT Tom Tomberg, Fire Chief Greg Wean, Acting Police Chief Duane Bowman, Development Serv. Director file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 -,vr-deptfs\Cityclerk\cA,xTN\CMO I 0626.DOC Page 9 of 22 J Earling requested staff provide a list of pro ects that could be addressed with the $200,000 in unanticipated utility tax revenue. He pointed out the list had increased to $4 million in projects to be funded via Councilmanie bonds. He noted the Council had only used Councilmanic bonds twice, for the swimming pool and the library, projects the: Council determined were Public necessity and, rather than, take a chance the public would not pass a bond issue, funded via Councilmanic bonds, However, in his opinion, Itern, #7 contained a wish list of repair/maintenance items that, apparently were not important enough to be funded via other means, Ile referred to funding for sewer flow meters and questioned why a sewer project would be funded from the Generial Fund rather than the Sewer,F"und. He also questioned projects that had been added to the list such as a skate park. He questioned why the list had increased to $4 million in projects and questioned whether the bonds would be issued only to find the City needed to, pay a large amount for the Public Safety building litigation. He noted the Council did not approve the 6% property tax increase, deliberately slighting the normal funding process by not keep ing up with inflation,, Frances Murphy, Chair of the Edmonds Citizens Awareness Committee (ECAC), a group who are working with [Jriocal on the clean-up of the Department of Ecology,, explained the group was funded via grants from the Department of Ecology under the Public Participation Plan of the Model Toxics Control Act of the State of Washington. As a volunteer, she was asked to form a public participation plan to encourage and coordinate effective public involvement tailored to the public's needs at a particular, facility. She explained the role of ECAC was to assist the public in understanding the process and to ensure the public was aware of the opp0rtLIIIi ties to provide input to the Department of Ecology to ensure the completed cleanup would be acceptable to the community, To assist citizens to understand and influence the final outcome, ECAC delivers information via atechnical consultant who is funded via the grant funds. Any citizen who wished to participate directly with the Department of Ecology may call them to request information — (425) 649-7000, She invited the public to submit cominents by the July 11 deadline regarding the cleanup of t�he Unocal site, Greg Glass, Technical Consultant to the Edmonds Citizens Awareness Committee, 8315 5 th Avenue NE, Ste. B, Seattle , explained the Department of Ecology did not determine land use or the future use of any site. He said a technical, work, group was Currently addressing the issue of cleanup level standards. He explained although future land use normally affected clean-up standards (change depending on the future use of the site), a more important issue on a site like Unocal was what left the site regardless of the use. He explained regardless of the use of the Unocal site, groundwater would continue to leave the site; a focus of their work has been to determine how much contamination could be allowed to leave the site Without causing harm to offsite areas. He summarized it was not the role of ECAC to tell citizens what to think or to speak for all citizens, it was their role to provide a means by which interested citizens could speak knowledgably and effectively to their interest and concerns regarding clean-up. 5. WOR SESSION ON THE 131 COMMENDATION OF THEPLANNING Planning Manager Rob Chave explained this item was recommended to the Council by the Planning file:///C:/Windows/MuniMetriX/—IFL—temp.html 1 \\edmsvr-deptfs\CityClerk\CMTMCM010626.DOC Page b, Board who considered the use of the Woodway Meadows property during its review of Comprehensive Plan amendments. He explained in 1999 the City accepted a property tax deed from Snohomish County for this property. At that time, the City established a temporary use classification est,'ibli hing the use for private accesses that were already established, utility rights and, emergency only access to the Woodway property to the west. The Planning Beard was asked to review the ternporaq classification to determine a permanent classification. The Engineering Department determined the area was not needed for right-of-way and the planning Board detennined the adopted walkway plan did not include the property for a future walkway. .l le explained the walkway plan was currently being reviewed by Parks and recreation and Engineering who have concluded the property was not needed at this time for a walkway. The Planning Board recommends confirmation that the property was not needed for a walkway or bikeway and to continue the temporary use classification with the addition of ensuring the easement allowed for any drainage improvements that may be needed in the area. Staff concurs with the Planning Board recommendation to adopt a permanent classification by resolution on a future consent agenda and direct staff to initiate a street map amendment (via the Hearing Examiner and City Council) which would refer to the resolution establishing the specific use for the property. Mayor Haakenson remanded the matter to Council for action. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER MARIN, THAT THE COUNCIL ADOPT A PERMANENT USE CLASSIFICATION BY RESOLUTION ON THE NEXT AVAILABLE CONSENT AGENDA WHICH ESTABLISHES A PERMANENT USE CLASSIFICATION CONSISTENT WITH THE TEMPORARY CLASSIFICATION ESTABLISHED BY THE CITY COUNCIL IN SEPTEMBER OF 1999, INCLUDING A DRAINAGE EASEMENT ACCESS AS A UTILITY USE, AND TO DIRECT STAFF TO INITIATE AN APPLICATION TO - AMEND THE CITY'S OFFICIAL STREET MAP, TYING USE OF THE PROPERTY TO THE ADOPTED COUNCIL RESOLUTION. MOTION CARRIED UNANIMOUSLY. 6. : OMMENITY SERVICES DEPARTMENT QUARTERLY REPORT JUNE 2001 Edmonds Cro.5 Community Services Director Stephen Clifton explained the Edmonds Crossing project was intended to provide a long-term solution to current operations and safety conflicts between ferry, rail, automobile, transit, pedestrians and bicycle traffic in downtown by integrating the modes of travel into one facility. The proposal is to relocate the existing ferry terminal from Main Street to a site further from the file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 t4, ,Alter k&cDrdtng Ileturrt To Sn4 orn"Rh County Property Management 36 .`Rockifeller Avenue M/S #404 erett,,WA 98201 �f NO EXCISE TAX. V SQUIRED . 199909160267 16/1999 11I : 51 AM Snwohomsh P 0,02 RECORDED County %ann`omisn County Treasurer w �Y_ DANTINI� `'wT AS : 'S DEED NO. 5358 *-**THIS AS '5,15EEI� ISIF'OR1114 PURPOSE OF CLEARING TITLE FROM TAX DEED #4753 FC6R]EI;I1DE' R AUDITOR'S FILE NO 1272469 Reference # l Grantor-. Treasurer of Snohomish Col ntty ° 'II 11 n'i&pat. orporatidn, State of Washington Grantee. City of Edmonds, a MumcaMwCdtprarrrttlrrn' r Gega1 Doscrlpttorr: The 'Fast tl feet anti tie Sottai 2tI.1"et, of the NW 1/4 of the SW 1/4 of Sec 36, Twp 27N, Rg 3E, W M Assessor's Tats Parcel Ili#: STATE OF WASHINGTON ) } SS•�" COUNTY OF SNOHOMISH ...... THIS INDENTURE made this 23rd day of August, fl,.btvk* en. BOB DANTINI, as Treasurer of Snohomish County, a Municipal Corporation, j�ate" f W,a hmgtgn, the party of the first part and CITY OF EDMONDS, a Municipal Oorporataal , 'p6�'i;' be. ec and part WITNESSETH that whereas in accordance with the prov�t i6rns tafAR .W•. 36 35 150, for the sum of $50 52, Snohomish County authorizes the sale of the pibpeft ,d cnb+6d. eloW to the party of the second part NOW, THEREFORE, the party of the first part for and in oonsidekatiorf of,6 stun of $50 52, money of the United States, to it in hand pard by the party of the se •qnd pant;j,te receipt whereof is hereby acknowledged, do by these presents Quit Claim and. Conveyr;ii tt;� the pail�`6I the second part and to its heirs and assigns, the following described parcel of 4' lalad "sttiAate,d'• m the County of Snohomish, State of Washington, particularly, described as follts W" ' .. q, Page 1 of 2 ,r. THE:hz ST 20 .FEET AND THE SOUTH 20 FEET OF THE NORTHWEST QUARTER OF THE ST QUARTER OF SECTION 36, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M. . " SI rrAXE-W. THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. T4 6B 'HFM„''r�Ah 4.111 appurtenances, to have and to hold the said premises with all the appija°tch unto.tl ai sat party of the second part and to its hens and assigns forever IN WITS$. WBI .1 qF; the Treasurer of said party of the first part has set his hand and seal this- h. ..... day of 1999 F .»,. BOB 1D Tl Co .*** *`�'* .°� Snohomish County Treasurer *�" k /. * O *#` 'fI N \ ACCEPTED BY _.._ MAYOR BARBARFAHEY CITY OF EDMONDSP TAX TITLE PROPERTY Page 2 of 2 799909160267 ti. 0006.900000 WSS/gjz 09/09/99 RESOLUTION NO. 959 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING A TEMPORARY USE CLASSIFICATION FOR CERTAIN PROPERTY ACQUIRED BY VIRTUE OF TREASURER'S DEED NO. 5358, DESCRIBED AS THE EAST TWENTY FEET AND THE SOUTH TWENTY FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 27, RANGE 3 EAST, W.M. WHEREAS, the City has annexed certain real property in which included a subdivision known as Woodway Meadows, and, WHEREAS, as a part of that annexation, it was assumed that the City acquired title to all street right-of-way and the properties referenced herein; and WHEREAS, the east twenty feet of the property transferred by the Treasurer's Deed underlies or lies immediately adjacent to the street right-of-way of 104th Avenue; and WHEREAS, the south twenty feet transferred by the Treasurer's Deed has for years prior to annexation been used by Olympic View Water District for the placement of utility lines and their access and maintenance; and property; and WHEREAS, certain properties which abut the fire lane utilize it for access to their WHEREAS, it appears from custom and usage that the fire district which previously serviced the area utilized the strip for emergency fire protection, and the City of Edmonds, as the contractor of emergency fire services for the City of Woodway, also planned and intended to use such property for emergency fire access; and {WSS410045.D0C;1/00006.900000/) - 1 - WHEREAS, the City Council and City staff have previously taken the position both as provider of fire services and as commentors in the development process for Woodway Highlands that the strip of land was a necessary fire access for such development; and WHEREAS, the City Council of the City of Edmonds has deemed it to be in the public interest to acquire title to the property by virtue of the deed prior to review, in its sole legislative discretion, if the appropriate uses for the property and has referred the use of the property as well as drainage problems in the area to the Planning Board for its recommendation; and WHEREAS, the City Council wishes to establish interim uses for the property in order to permit maintenance of those uses which pre-existed the acquisition of the property in a manner which maintains current usage and the City's prior understandings pending ultimate determination of the use of the property, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: &pcjo L Pending determination of the use of property acquired by virtue of Treasurer's Deed no. 5358, the City Council hereby directs that the following usages be established for the property acquired by said deed; the East twenty feet of the Northwest Quarter of the Southwest Quarter of Section 36, Township 37 North, Range 3 East, W.M. may be used, pending its review for inclusion on the City's Master Street Plan, as part of the right-of-way of 100 Street. Soutl west. 1.1 The South twenty feet of the Northwest Quarter of the Southwest of Section 36, Township 27 North, Range 3 East, W.M. may be used, pending review of the property by the Planning Board and its recommendation regarding an ultimate determination of the City Council for, but only for, the following uses and purposes: (WS S410045.DOC1/00006.900000/} - 2 - 1.1.1 Previously established access to private properties from the aforementioned strip of land may be maintained by private property owners to, but only to the limited extent such access was established on or before the date of recordation of Treasurer's Deed No. 5358; 1.1.2 Olympic View Water District may maintain and access its utility structures contained in, on or under said strip of land in accordance with the same privileges, rights and obligations which OVD observes with respect to other utility structures located within street right-of-way and other public property within the City of Edmonds pursuant to statute, ordinance and franchise agreement. 1.1.3 For emergency access purposes including such limited improvement of the road as has been ordered by the Town of Woodway pursuant to the development approvals for Woodway Highlands subdivision and the terms and conditions of any street use permit issued by the City of Edmonds to the developer to authorize use of the strip of land in accordance with such vested development rights, obligations and conditions. 2. Nothing herein shall be interpreted to limit the legislative discretion of the City Council to ultimately determine and/or redetermine the use of this or any other real property within the City of Edmonds in accordance with the Constitution of the United States, the laws of the State of Washington, and the ordinances of the City of Edmonds. RESOLVED this 21st day of September, 1999,. APPROVED: MAYOR, BARBARA S. FAHEY ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: 09/17/99 PASSED BY THE CITY COUNCIL: 09/21/99 RESOLUTION NO. 959 {WSS410045.DOC;1/00006.900000/} - 3 - Item Committee: Community Services/Development Services Committee Meeting Date: September 12, 2000 Subject: Update on Woodway Meadows — Access Road From: Don Fiene, P.E., Acting City Engineer q Mayor: Comments: On September 10, 1999, the City of Edmonds accepted a property tax deed from Snohomish County for property located near Woodway Meadows. A resolution establishing Temporary Use Classification for the property was passed by the City Council on September 21, 1999. This resolution allowed previously established access to private properties, utility rights, and allowed for emergency access to the Town of Woodway. Citizens in the area have concerns regarding, the future use of this property, and many have voiced opposition to its use as a bikeway or walkway. The Bikeway Comprehensive Plan (adopted in May of 2000) does not delineate this road as a bikeway. The current Walkway Plan does not address this newly annexed area, and there is no plan for it to be included in the new Walkway Plan being developed at this time. The Planning Board intends to look at this property and its use this fall. It is Staff's recommendation that the property be designated as right-of-way, and that the City's street map be amended to show it as such. A resolution establishing the Permanent Use Classification (consistent with the existing temporary classification) for the property is recommended also, and a reference to this resolution should be noted on the official street map. Attachment City of Edmonds COUNCIL COMMITTEE M. Committee: Community Services/Development Services Committee Meeting Date: September 12, 2000 Subject: Update on Woodway Meadows — Access Road From: Don Fiene, P.E., Acting City Engineer q Mayor: Comments: On September 10, 1999, the City of Edmonds accepted a property tax deed from Snohomish County for property located near Woodway Meadows. A resolution establishing Temporary Use Classification for the property was passed by the City Council on September 21, 1999. This resolution allowed previously established access to private properties, utility rights, and allowed for emergency access to the Town of Woodway. Citizens in the area have concerns regarding, the future use of this property, and many have voiced opposition to its use as a bikeway or walkway. The Bikeway Comprehensive Plan (adopted in May of 2000) does not delineate this road as a bikeway. The current Walkway Plan does not address this newly annexed area, and there is no plan for it to be included in the new Walkway Plan being developed at this time. The Planning Board intends to look at this property and its use this fall. It is Staff's recommendation that the property be designated as right-of-way, and that the City's street map be amended to show it as such. A resolution establishing the Permanent Use Classification (consistent with the existing temporary classification) for the property is recommended also, and a reference to this resolution should be noted on the official street map. Attachment City of Edmonds 0006.900000 411";, WSS/gjz 09/09/99 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS. WASHINGTON,► B TEMPORARY PROPERTYRBY VIRTUE OF TREASURER'S IN iD AS THE EAST TWENTY FEET SOUTHAND THE QUARTER OF THE SOUTHWESTQUARTER 36, TOWNSHIP WHEREAS, the City has annexed certain real property in which included a subdivision known as Woodway Meadows, and, WHEREAS, as a part of that annexation, it was assumed that the City acquired title to all street right-of-way and the properties referenced herein; and WHEREAS, the east twenty feet of the property transferred by the Treasurer's Deed underlies or lies immediately adjacent to the street right-of-way of 104`h Avenue; and WHEREAS, the south twenty feet transferred by the Treasurer's Deed has for years prior to annexation been used by Olympic View Water District for the placement of utility lines and their access and maintenance; and property; and WHEREAS, certain properties which abut the fire lane utilize it for access to their WHEREAS, it appears from custom and usage that the fire district which previously serviced the area utilized the strip for emergency fire protection, and the City of Edmonds, as the contractor of emergency fire services for the City of Woodway, also planned and intended to use such property for emergency fire access; and ( WSS410045.1)000/00006.900000/; Attachment 1 WHEREAS, the City Council and City staff have previously taken the position both as provider of fire services and as commentors in the development process for Woodway Highlands that the strip of land was a necessary fire access for such development; and WHEREAS, the City Council of the City of Edmonds has deemed it to be in the public interest to acquire title to the property by virtue of the deed prior to review, in its sole legislative discretion, if the appropriate uses for the property and has referred the use of the property as well as drainage problems in the area to the Planning Board for its recommendation; and WHEREAS, the City Council wishes to establish interim uses for the property in order to permit maintenance of those uses which pre-existed the acquisition of the property in a manner which maintains current usage and the City's prior understandings pending ultimate determination of the use of the property, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Pending determination of the use of property acquired by virtue of Treasurer's Deed no. 5358, the City Council hereby directs that the following usages be established for the property acquired by said deed: the East twenty feet of the Northwest Quarter of the Southwest Quarter of Section 36, Township 37 North, Range 3 East, W.M. may be used, pending its review for inclusion on the City's Master Street Plan, as part of the right-of-way of 104`h Street Southwest. 1.1 The South twenty feet of the Northwest Quarter of the Southwest of Section 36, Township 27 North, Range 3 East, W.M. may be used, pending review of the property by the Planning Board and its recommendation regarding an ultimate determination of the City Council for, but only for, the following uses and purposes: j W SS410045.DOC;1 /00006.900000/ -2- 1.1.1 Previously established access to private properties from the aforementioned strip of land may be maintained by private property owners to, but only to the limited extent such access was established on or before the date of recordation of Treasurer's Deed No. 5358: 1.1.2 Olympic View Water District may maintain and access its utility structures contained in, on or under said strip of land in accordance with the same privileges, rights and obligations which OVD observes with respect to other utility structures located within street right-of-way and other public property within the City of Edmonds pursuant to statute, ordinance and franchise agreement. 1.1.3 For emergency access purposes including such limited improvement of the road as has been ordered by the Town of Woodway pursuant to the development approvals for Woodway Highlands subdivision and the terms and conditions of any street use permit issued by the City of Edmonds to the developer to authorize use of the strip of land in accordance with such vested development rights, obligations and conditions. 2. Nothing herein shall be interpreted to limit the legislative discretion of the City Council to ultimately determine and/or redetermine the use of this or any other real property within the City of Edmonds in accordance with the Constitution of the United States, the laws of the State of Washington, and the ordinances of the City of Edmonds. RESOLVED this _ day of ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO,01 T 1999. APPROVED: MAYOR, BARBARA S. FAHEY WSS410045.DOC;1/00006.900000/; - 3 - Originator: Item#:__c EDMONDS CITY COUNCIL Agenda Memo James C. Walker For Action: For Information: X Subject: PROPOSED RESOLUTION ESTABLISHING A TEMPORARY USE CLASSIFICATION FOR CERTAIN PROPERTY ACQUIRED BY VIRTUE OF TREASURER'S DEED NO. 5358, DESCRIBED AS THE EAST TWENTY FEET AND THE SOUTH 20 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 27, RANGE 3 EAST, W.M. Agenda Time: Agenda Date: Exhibits Attached: 1. Verbatim Minutes 2. Resolution Consent September 21, 1999 Clearances: Department/Initials Admin Svcs/Finance _ City Attorney City Clerk Court Personnel Fire Police Development Svcs Community Svcs. Fng:ineering Parks & Rec Planning Public Works Treatment Plant City Council Mayor Reviewed by Council Finance Committee: Community Services Public Safety Approved for Consent Agenda: Recommend Review by Full Council: Expenditure Amount Appropriation Required: 0 Budgeted: $ Required: $ 0 Funding Source: Previous Council Action: Council accepted the deed for the 20 foot tract at the September 7, 1999 Council meeting and directed the City Attorney to prepare a resolution establishing temporary uses for the tract. Narrative: The attached resolution establishes temporary uses for the tract of land adjoining Woodway Meadows. Staff will arrange to place discussion on ultimate use of the tract on a future Planning Board agenda. Recommended Action: Approve the resolution establishing the allowable temporary uses for the tract. isCouncil Action: EDMONDS CITY COUNCIL MEETING SEPTEMBER 7, 1999 +�- CONTINUED DISCUSSION ON ACCEPTANCE OF PROPERTY TAX DEED FROM SNOHOMISH COUNTY FOR PROPERTY LOCATED NEAR WOODWAY MEADOWS, AND DISCUSSION REGARDING THE PROPERTY'S APPROPRIATE USE Jim Walker: Jim Walker, City Engineer. As Council is aware this parcel of land was thought to be part of the city's street right-of-way system that was transferred to us at the time that we took over service, annexed this area from Snohomish County. We later found that this was not part of the County's right-of-way land although it was under County ownership. The tract has aii early+ had existing- • uses -on= it for accew-by several property owners on the south side of Woodway Meadows in Forest Glen, it has utilities within it already and it already exists as a fire lane up to a point to serve Woodway Meadows. It would be our recommendation that in no case would those uses be disallowed that already exist. That we continue those uses within that right-of-way. I know there were a couple of questions that came up to on this issue. One related to the vacation of it, if this property could be vacated. Once it became right-of-way it would be possible at some point to vacate it. However, it's not typical of most of the right-of-way that we have received in the city where it clearly comes from one plat or another and it returns to that same plat. So the Council will need to make a decision as to how it would be disposed, or where it would be disposed per our Codes on those issues in the event that they elected to vacate this at some point in the future. The city has been in the process of doing a walkway/bikeway plan and this was again part of what we assumed was our right-of-way. We have had no one interested in extending walkway through this area as part of the comments we have obtained on the walkway plan. It would not be our recommendation that this area be, or that a walkway be considered part of what would be allowed, or what we would consider for use of that 20 foot tract of land. Another issue was part of the history of this is, again, this was proposed to the city as a fire access and I believe the Fire Marshal determined it was a suitable location at the time we vacated the street to the north 237th. As noted on the Fire Marshal's map there is an area now that isn't easily served in Woodway in the event one of the roads is closed. Because of the bridge over Deer Creek that road isn't accessible to a fire truck. So coming in from the north there's really only one road. In the event that road is not accessible, it does require them.to go quite a circuit around to come in the other direction apparently. And that was part of the reason that the Fire Marshal had an interest in obtaining another fire access into Woodway. With that I guess I can open this up to questions. I know this has been discussed a number, at least at a prior Council meeting and I was not in attendance at that and I don't know all the details on the Council's part, questions or concerns. I know there has been an interest in potentially holding a public, an opportunity for the public to speak on this issue and that could certainly be done. So at this point I guess if the Council wants to begin discussion. Mayor Fahey: Mr. Snyder, do I see you poised (word unclear)? Scott Snyder: Madame Mayor, yeah, I think we ought to be real clear. The staff has a two part recommendation here. One is to accept the deed. And the second is to put it into the city's normal process that we use to determine how city owned property should be used and Partial Verbatim Minutes City Council Meeting September 7, 1999 EXHIBIT 1Pagel C maintained, and indeed if it should be kept at all. The first part of the recommendation to accept the deed is simply putting the developer in the situation that the city has understood and represented the developer to be in now for five years. That is that the city has made repeated recommendations both as the entity which provides fire service to the tract and also as an adjacent planning entity regarding access. The city has been a part of the process. The developer has a right-of-way permit from the city. In order to complete his obligations to the City of Woodway he needs to install certain improvements in the right-of-way. So accepting the need basically puts things where they' would be, where the city had believed they'd for years, and had represented to the developer that they would be. Failing to do so is certainly within the Council's legislative discretion. If you don't want to accept the deed, I think we should all be clear that that exposes the city to tens, hundreds of thousands of dollars in liability for delay damages and potentially claims of negligent provision of planning information. Again, I think Mr. Walker has been very clear. The city assumed that this was part of property transferred from a prior annexation and all of these recommendations and input have been based on that. Now, that having been said, once the city accepts the deed, which we recommend you do tonight, there's no reason why the city has, at that point, the city and you as the city's legislative body have almost complete discretion to determine the ultimate use of the property. In the city, that typically begins with hearings before the Planning Board which would take care of a variety of issues. Mr. Clarke mentioned the flooding problems. One of elements of the city's Comprehensive Plan is the Capital Facilities Plan. You'll determine what if any flood improvements might be necessary to the area and how they fit in with the use of the road. A second issue was the, Ms. Petso and the Olympic View Water District. If the city decides to, you decide, after hearing the Planning Board's recommendation to initiate a vacation process, the city can vacate all or any part of the right-of-way. You've got the fee, you could choose to retain utility easements and construction maintenance easements to ensure access to Olympic View Water District: You can maintain sufficient ownership interest to assure access for adjacent property owners; fire access, if necessary; recreational uses, if necessary and appropriate; or a wide variety of other issues. Unless you accept the deed though we can't start the process in determining how the property is supposed to be used. I mean that is the logical starting point. I should note that this City Council exercises powers but our crystal ball is never very clear. Future Councils, Mr. Nordquist has seen many changes. You know that what's appropriate fire access today could change in the future. If Woodway has its own fire department, decides to contract with Snohomish County 111, Shoreline or another service provider, there may be a more appropriate points of access than the current process. After hearing, after the ihput from the fire department and that received at public hearing, you may decide that there are more appropriate ways or uses for this property. As with any property, the developer's area once developed gets its access from a general grid of fire protection services. There's no contract that the city has to provide to fire access in any given way. That's a long way around to saying this is really a two step process. It has to necessarily begin with accepting the property or you don't have jurisdiction over it to determine what to do with it. If you don't accept the property it could have severe economic impacts to the city in a year with 1- 695, when you have enough other budget problems to worry about. So the staff's recommendation is to accept the deed and then let's start the public hearing process to continue all the wide variety of public uses that are potential for the property, hear what the public has to say, hear what the fire department has to say, and kind of get on with the process. Thank you Madame Mayor. Mayor Fahey: Mr. Van Hollebeke. Councilmember Van Hollebeke: Yes, for Scott Snyder, thank you Mayor. Scott, could you just amplify on one aspect of this. There has been a lot of interest in what the public's testimony Partial Verbatim Minutes City Council Meeting September 7, 1999 Page2 and feedback would be. So if the Council were to act on the staffs recommendation to accept the deed and to direct the City Attorney to prepare a resolution establishing the allowable uses for the tract, then would you please explain what the process is, and where there would be an opportunity for public testimony. Scott Snyder: Virtually unlimited. If you want to have a resolution which provides some interim, that's not required by the way. When you accept the deed, you get the whole bundle of rights until you limit them. If you want to limit them, and express (unless) you could hold a series of public hearings at the Council level. That act does not implicate any growth management or land use policies. You're acting as a proprietor of land. You decide what you are going to do with it, so you could hold that testimony directly. The second level, or the first if you want to go that way, is let the Planning Board do the work. The Planning Board is responsible for a variety of elements for the Comp Plan that are implicated here. The trails and bikeways system, the city's road system, provision of emergency access with the input from the fire department, and city's Capital Facilities Plan. If there are drainage problems you are going to have improvements and that's where they come in. So all four of those potential elements of your plan or provisions of services are implicated here. In the typical process it would start_at_._._ .t id' Planning Board level, it would work its way through the process to the end of the year; - recommendations would come back'to you early next year regarding Comp Plan amendments, and you could consider it then. So, again, if you want a resolution, and hold a series of hearings before you send it to the Planning Board, that's at your discretion. If you don't there certainly will be hearings before both the Planning Board and the Council, you know, beginning the latter part of this year and running through early next year. Councilmember Van Hollebeke: So, to clarify, if I may. What you've said is that if we follow the normal process without any change to the norm, this would go then before the Planning Board, the public would have an opportunity to testify at that level, and then it would come back to the Council for approval and confirmation at which time we would again have an opportunity for public testimony. Scott Snyder: Yes sir. I think the one thing, I think this is just common sense that the Planning Board and Planning staff would probably work out, usually all those four elements would be heard at separate times or on separate occasions, maybe separate days. For the convenience of the neighborhood, they might want to hold a consolidated hearing regarding _this. property so that they can consider which plans are implicated and make -one recommendation rather than ask the residents to, you know, to continue to monitor or get information and come back two or three different times to get two or three different plan. Mayor Fahey: Mr. Haakenson. Councilmember Haakenson: Thank you Mayor. Mr. Snyder, you said a mouthful, and I would like to just see if what I repeat to you is what your recommendation is. You're asking us to accept the deed with interim emergency access and send the issue to the Planning Board for their discussion about allowable uses. Scott Snyder: Yes sir. I think that that would confirm the status quo. That is the situation that the city assumed for the last five years was in effect. Councilmember Haakenson: Thank you. Partial Verbatim Minutes City Council Meeting September 7, 1999 Page3 Councilmember Plunkett: Scott, once this hits the Planning Board does it go quasi? Scott Snyder: No, these would be legislative hearings and as you are asking you basically have a lot more discretion in those processes than you would in a quasi judicial hearing process. I think that the only, really the only issue that's going to limit the exercise of your discretion is making sure that in your legislative determination no property is cut off from access, that adequate provisions are made for utilities and emergency services. Realizing that there's, think its been said by several of the residents and I think your fire department would agree, there may be better ways to get there, but there are a variety of ways to get there, and ultimately this Council will decide what those are. Mayor Fahey: Mr. Nordquist. Councilmember Nordquist: Scott, procedurally this was tabled last time. Do we need to take it off the table and then put it back on the agenda. Scott Snyder "'Yes sir, Councilmember Nordquist: I would so move. Councilmember Earling: Second. Mayor Fahey: All in favor of the motion to take this item off the table and address it under this item of the agenda signify by saying aye. All Councilmembers: Aye. Mayor Fahey: Opposed? (No response.) Motion carries. Mr. Haakenson. Councilmember Haakenson: Mayor, are we going to hear from Mr. Westfall as well? Does he have a presentation? John Westfall: First off, if I could . speak to Mr: � Clarke here. You know we brought the meanest, toughest looking firefighters here and you still stuck around, so that speaks well to the convictions you have regarding the issues at hand here. If I might just speak to what I see my role originally in this whole issue was. My role is as a regulator. I do not design developments, I do not develop, I do not plan. I just merely react to the proposals presented to me. Mr. Echelbarger has presented his proposal for the fire department access, and indeed one would be required for Woodway Highlands. I approved that as a, in conjunction with the development for Woodway Highlands. The more I am working with this project, the more I am forming an opinion of where I think the fire access should be, and indeed, I must say my opinion is this is the best place that I can think of for this lot. My map was an attempt to describe that in a picture form for you all and for everyone here. Again the map, I did make mistakes on there. The Shoreline Fire Station directly to the south at Richmond Beach is indeed just a box which holds an apparatus which is used as a reserve. It is not a staffed fire station, and the Shoreline Fire Department does not intend to staff that to my knowledge in the future. Shoreline right now, we enjoy a very good automatic aid agreement. When we need help, they come. Whey they need help, we come also to their fires. The fire station is not staffed down there. They'are currently building two more fire stations. I am afraid I circled the fire station that will be built on 185th, is currently under construction and nearing completion. I did not circle the fire station that's (word Partial Verbatim Minutes City Council Meeting September 7, 1999 Page4 unclear), fire administration headquarters. My mistake on the map was I got Station 17 in the wrong place, so I apologize for that. My attempt in showing the fire stations in general is to show you where the response for fire apparatus, that fire apparatus will be coming into 10 Woodway, into the community there and the development. The black line shows you that, except for that small dotted line, the property in question, there is no east to west access through that whole length of the bar. So, as a secondary access we are talking the north south is our primary, and secondary would be our emergency access road half way, it exists into Woodway Meadows. And, my thought would be to continue that on into Woodway, extending the use which has been provided in the past into Woodway Meadows, and go with that proposal that Mr. Echelbarger has presented. It's not the fire department's intent, or I'm sure the city's intent, to disturb the neighbors, the neighborhoods for Forest Glen, for Woodway Meadows. It's not our intent to increase traffic down there. I'm merely speaking to an emergency access which we have talked in the past with various people about traffic inhibitors which would be a gate or posts which could be placed there which the fire department could easily defeat and continue on to better serve those people that we are protecting in Woodway. So, I afraid that it's caused quite a bit of disruption, yet, in my opinion, this is the best place for our fire department secondary access and would like to see that come through that, -continue on into Woodway. Scott Snyder: Madame Mayor? Mayor Fahey: Mr. Snyder. Scott Snyder: Just a brief comment to follow up on what Assistant Chief, the Fire Marshal has been saying. I think we need to reemphasize that the Council is not being asked to make that decision tonight. That that's the decision that was made by the Town of Woodway as the agency with jurisdiction some time back. We had input into it. The Fire Marshal at that time gave it his best shot, but that's not to say that the Council can't change. Mr. Echelbarger, as a developer, has a vested right to build that development, and, you know, complete it. Once those improvements are in, however, how fire service is provided by the city whether as a contractor or how your roads within the City of Edmonds are used are totally within this Council's discretion. So, I just want to make sure that we don't confuse the two issues. The decision about the current development and the configuration that's been made, and, again, the city's already issued a right-of-way permit. We just dont have the right-of-way technically at this point. Once you accept the deeds Mr. Echelbarger is free to complete his development. What ultimately happens with respect to the property where your taxpayers live, Woodway Meadows is up to the Planning Board and this Council. And you'll determine the drainage issues, access issues, and where fire access comes from and not only you, but future Councils will continue to make those, review those situations, make those decisions, you know, well into the future depending on where fire stations are, and how growth patterns are, and what traffic's like. So, these are not permanent decisions. They are important and time dated and pricey when they come to holding this development up, but ultimately the Council retains the jurisdiction to determine how that property in the City of Edmonds is used. Thank you Madame Mayor. Mayor Fahey: Thank you. Mr. Haakenson. Councilmember Haakenson: Thank you Mayor. John, as a condition of the right-of-way permit being issued to Mr. Echelbarger, there were some improvements that were required to the emergency access road. Is that correct? Partial Verbatim Minutes City Council Meeting September 7, 1999 Page5 John Westfall: The improvements would be to allow the continuation on from the point where the Woodway Meadows access ends into the Woodway Highlands development. So, load bearing ability would be required as well as clearance width for fire apparatus to utilize that and get through without, to get through to protect the citizens in that area. Councilmember Haakenson: So there would be nothing else done to that road from the beginning of the cemetery, for example, all the way down to almost to the end except for that last little strip that is incorrect? John Westfall: That's correct. You know I have driven that, and the issue has mainly been from that road on, so I don't think so. I would like to reserve the right to evaluate though further on. But, right now there is fire department access into Woodway Meadows and for all intense and purposes. I have been asked by neighbors there. I've told them that for that purpose, emergency access to Woodway Meadows, that no requirements, no improvements would be required to be made. _ _y-- Councilmember Haakenson: So there will be no trees taken down, there will be no widening of the asphalt, and there will be no, I forget the word, Mike might know, some kind of a tile, or something that was proposed to widen it. There will be none of that that goes on? John Westfall: The grasscrete. Councilmember Haakenson: Grasscrete. Thank you. John Westfall: No. There will not. Councilmernber Haakenson: OK Thank you. Mayor Fahey: Mr. Earling. Councilmember Earling: I remember the comments that Mr. Echelbarger under public comment. I guess my question is to Noel. There is a question about his offer under some circumstance to help improve the drainage. That seems like something that the citizens down there should want to take advantage of. Scott, would that be available for him to do if in fact we were to take the recommended action tonight? Scott Snyder: If you simply accept the deed, certainly. The Mayor is the city's property manager and could direct the City Engineer to work with Mr. Echelbarger, and make, you know, temporary or more, or to permanent improvements to try and improve drainage. Again, ultimately that's probably something the city is going want to look at as part of its Comp Plan. If there is a long standing wide spread drainage problem, typically you don't solve them with a few drainage tiles but we could certainly try to make sure that the improvements don't make it any worse. Councilmember Earling: Well I guess my only comment is we have heard long and hard about the various drainage issues down there and anything that we can do to get us some relief, even on a temporary basis seems to be some considerable advantage to the citizens. Scott Snyder: I suggest that, again, just refer that to the Mayor and the City Engineer as the city's property managers. Again, until you ultimately determine the use of the property, you probably wouldn't want to put significant resources into it. Partial Verbatim Minutes City Council Meeting September 7, 1999 Page6 Mayor: Mr. Haakenson. 0 Councilmember Haakenson. I just want to be clear on one thing John. There is, into Woodway Meadows there is an emergency access gate from that access road. John Westfall: Correct. Councilmember Haakenson: Would it be fair to say that from where that gate is to the west is where Mr. Echelbarger will be improving the road? John Westfall: Yes. From where that road diverts to get to 106th Place, from that point on. Councilmember Haakenson: OK. So, from that point back east, nothing will be done to that road. John Westfall: Correct. Councilmember Haakenson: Thank you. Mayor Fahey: Mr. Walker? Jim, could you join us. Mr. Walker, City Engineer. Can we confirm all of that? I guess the reason I am asking for absolute clarification is because at one point in time we did have people here who, the back of whose property was on that road and, on that right-of-way, who were concerned that part of the back end of their properties were going to be affected by a need to widen the road to allow for the vehicles (word unclear), and so forth. There has been no determination related to those issues at all? Jim Walker: Well, we actually did make a determination. We had a plan submitted by the developer for Woodway Highlands. And, as the Fire Marshal is saying, basically we only required the improvement of the road where the road doesn't exist to any degree now, which is the fire lane that veers off into Woodway Meadows. That new section though does abut some of the people who have spoken here in the past, for instance the Clarke's property will be adjoined to the new section of the roadway. Mayor Fahey: Thank -yob for the clarification. Mr. Earling. Councilmember Earling: Jim, I just apologize. I was looking at you and saying Noel a couple of minutes ago, and I don't blame you for looking a little panicked when I was doing that. Mayor Fahey: Mr. Plunkett. Councilmember Plunkett: Marshal Westfall, one other aspect to your needs. At the property line where you would enter into Woodway Highlands, if I understand correctly, you have no problem whatsoever if it is a fully, fully gated fence, a crash gate. It's the pedestrian access. That is irrelevant to you. You could have a full fence, full gate across that property, correct, and you could get through it? John Westfall: That's correct. A traffic inhibitor such as a gate, a single gate, or bullards which are posts in the road, those are not as good as a gate. They can be, slow us down that much more. So, a gate on either end of the access could be entertained. In fact, the two that were proposed by Mr. Echelbarger, we wanted him to eliminate one of those to reduce that so we Partial Verbatim Minutes City Council Meeting September 7, 1999 Pagel have a single gate. And, where that lies on the fire lane, it wouldn't matter for fire department purposes. Councilmember Plunkett: Thank you. Mayor Fahey: Mr. Miller. Council President Miller: Yes, I would like to make a motion that we accept the deed and refer this to the Planning Board for the public hearing. Councilmember Van Hollebeke: Second. Councilmember Haakenson: Discussion. Mayor Fahey: Mr. Haakenson. Councilmember Haakenson: Do we need--to--say accept the deed with interim emergency access? Councilmember White: No. Councilmember Haakenson: Mr. Snyder? Scott Snyder: That's a matter for your discretion. It's certainly not required and by, you know, not saying so I think this Council is already on record regarding the use of the property. Mayor Fahey: Mr. Earling. Councilmember Earling: Which is that they can have interim emergency access. Scott Snyder: Correct Councilmember Earling: OK. Mayor Fahey: Mr. Van Hollebeke. Councilmember Van Hollebeke: Question. Mayor Fahey: All in favor of the motion to accept the deed and direct the City Attorney to prepare, you did the whole thing right? To prepare the resolution establishing the allowable uses for the tract? Scott Snyder: Point of order, Madame Mayor. I didn't understand the second, I understood just accept the deed, and referring it to the Planning Board. Councilmember Miller: That was my motion. And that was my intended purpose, to accept the deed as recommended by city staff, prepare the resolution and refer it to the Planning Board for public hearing. Councilmember Van Hollebeke: That was the seconder's intent as well. 191 Partial Verbatim Minutes City Council Meeting September 7, 1999 Page8 Mayor Fahey: OK. All in favor of the motion as just stated, restated by Mr. Miller, signify by saying aye. All Councilmembers: Aye Mayor Fahey: Opposed? (No response.) Motion carried. Thank you one and all. C] C 7 Partial Verbatim Minutes City Council Meeting September 7, 1999 Pageg 0006.900000 WSS/gjz 09/09/99 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING A TEMPORARY USE CLASSIFICATION FOR CERTAIN PROPERTY ACQUIRED BY VIRTUE OF TREASURER'S DEED NO. 5358, DESCRIBED AS THE EAST TWENTY FEET AND THE SOUTH TWENTY FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 27, RANGE 3 EAST, W.M. WHEREAS, the City has annexed certain real property in which included a subdivision known as Woodway Meadows, and, WHEREAS, as a part of that annexation, it was assumed that the City acquired title to all street right-of-way and the properties referenced herein; and WHEREAS, the east twenty feet of the property transferred by the Treasurer's Deed underlies or lies immediately adjacent to .the street right-of-way of 104th Avenue; and WHEREAS, the south twenty feet transferred by the Treasurer's Deed has for years prior to annexation been used by Olympic View Water District for the placement of utility lines and their access and maintenance; and property; and WHEREAS, certain properties which abut the fire lane utilize it for access to their WHEREAS, it appears from custom and usage that the fire district which previously serviced the area utilized the strip for emergency fire protection, and the City of Edmonds, as the contractor of emergency fire services for the City of Woodway, also planned and intended to use such property for emergency fire access; and 0 { WSS4] 0045.DOC;1/00006.900000/} BE WHEREAS, the City Council and City staff have previously taken the position both as provider of fire services and as commentors in the development process for Woodway Highlands that the strip of land was a necessary fire access for such development; and WHEREAS, the City Council of the City of Edmonds has deemed it to be in the public interest to acquire title to the property by virtue of the deed prior to review, in its sole legislative discretion, if the appropriate uses for the property and has referred the use of the property as well as drainage problems in the area to the Planning Board for its recommendation; and WHEREAS, the City Council wishes to establish interim uses for the property in order to permit maintenance of those uses which pre-existed the acquisition of the property in a manner which maintains current usage and the City's prior understandings pending ultimate determination of the use of the property, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, 0 HEREBY RESOLVES AS FOLLOWS: Section 1. Pending determination of the use of property acquired by virtue of Treasurer's Deed no. 5358, the City Council hereby, directs that the following usages be established for the property acquired by said deed; the East twenty feet of the Northwest Quarter of the Southwest Quarter of Section 36, Township 37 North, Range 3 East, W.M. may be used, pending its review for inclusion on the City's Master Street Plan, as part of the right-of-way of 104"' Street. Southwest. 1.1 The South twenty feet of the Northwest Quarter of the Southwest of Section 36, Township 27 North, Range 3 East, W.M. may be used, pending review of the property by the Planning Board and its recommendation regarding an ultimate determination of the City Council for, but only for, the following uses and purposes: {WSS410045.D0C;1/00006.900000/} - 2 - 1.1.1 Previously established access to private properties from the aforementioned strip of land may be maintained by private property owners to, but only to the limited extent such access was established on or before the date of recordation of Treasurer's Deed No. 5358; 1. 1.2 Olympic. View Water District may maintain and access its utility structures contained in, on or under said strip of land in accordance with the same privileges, rights and obligations which OVD observes with respect to other utility structures located within street right-of-way and other public property within the City of Edmonds pursuant to statute, ordinance and franchise agreement. 1.1.3 For emergency access purposes including such limited improvement of the road as has been ordered by the Town of Woodway pursuant to the development approvals for Woodway Highlands subdivision and the terms and conditions of any street use permit issued by the City of Edmonds to the developer to authorize use of the strip of land in accordance. with such vested development rights, obligations and conditions. 2. Nothing herein shall be interpreted to limit the legislative discretion of the City Council to ultimately determine and/or redetermine the use of this or any other real property within the City of Edmonds in accordance with the Constitution of the United States, the laws of the State of Washington, and the ordinances of the City of Edmonds. RESOLVED this _ day of , 1999. APPROVED:. MAYOR, BARBARA S. FAHEY ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. {WSS410045.DOC;1/00006.900000/} - 3 - 11 Agenda Memo Item : Originator: James C. Walker For Action: For Information: X Subject: CONTINUED DISCUSSION ON ACCEPTANCE OF PROPERTY TAX DEED FROM SNOHOMISH COUNTY FOR PROPERTY LOCATED NEAR WOODWAY MEADOWS, AND DISCUSSION REGARDING THE PROPERTY'S APPROPRIATE USE Agenda Time: 30 Minutes Agenda Date: September 7, 1999 Exhibits Attached: 1. Treasurer's Deed 2. Tax Affidavit 3. Copy of Assessor's Map 4. September 2, 1999 Letter from Edmonds Fire Marshal Clearances: Department/Initials Admin. Svcs/Finance City Attorney City Clerk Court Personnel Fire Community Svcs ;Engineering Parks & Rec Planning Public Works Treatment Plant Police City Council Development S vcsay Reviewed by Council Finance Committee: Community Services Public Safety Approved for Consent Agenda: Recommend Review by Full Council: Expenditure Amount Appropriation Required: 0 Budgeted:, $ Required: $ 0 Funding Source: Previous Council Action: The acceptance of this tract was discussed at the August 24, 1999 City Council meeting. Narrative: Snohomish County approved the transfer of the tract property south of Woodway Meadows and adjoining 104th Avenue West to the City of Edmonds without conditions. Staff recommends that Council accept the property and establish appropriate controls on its use. A memo from the Fire Marshal is attached explaining several of the Fire Department's concerns about access in this area. Staff from Engineering and Fire will be available to assist Council with discussion of this issue. Recommended Action: Accept the deed and direct the City Attorney to prepare a resolution establishing the allowable uses for the tract. Council Action: After Recording Return To: Snohomish County Property Management 3000 Rockefeller Avenue M/S #404 Everett, WA. 98201 TREASURER'S DEED NO. 5358 r ****THIS TREASURER'S DEED IS FOR THE PURPOSE OF CLEARING =E FROM TAX DEED #4753 RECORDED UNDER AUDITOR'S FILE NO. 1272469. Reference #: Grantor. Treasurer of Snohomish County, a Municipal Corporation, State of Washington Grantee: City of Edmonds, a Municipal Corporation Legal Description: The East 20 feet and the South 20 feet, of the NW 1/4 of the SW 1/4 of Sec. 36, Twp, 27N, Rg 3E, W.M. Assessor's Tax Parcel ID#: STATE OF WASHINGTON) • SS COUNTY OF SNOHOMISH ) THIS INDENTURE made this 23rd day of August, 1999, between BOB DANTINI, as Treasurer of Snohomish County, a Municipal Corporation, State of Washington, the party of the first part and CITY OF EDMONDS, a Municipal Corporation, party of the second part. WITNESSETH that whereas in accordance with the provisions of R.C.W. 36.35.150, for the sum of $50.52, Snohomish County authorizes the sale of the property described below to the party of the second part. NOW, THEREFORE, the party of the first part for and in consideration of the sum of $50.52, money of the United States, to it in hand paid by the party of the second part, the receipt whereof is hereby aclmowledged, do by these presents Quit Claim and Convey unto the party of the second part and to its heirs and assigns, the following described parcel of land, situated in the County of Snohomish; State of Washington, particularly described as follows: Page 1 of 2 0 EXHIBIT 1 SOUTHWEST QUARTER OF SECTION 36 TOWNSHIP 27 NOR ST QUARTER , THE THEE T 20 FEET D THE SOUTH 20 FEET OF THE NORTHWEST NORTH, RANGE 3 EAST, W.M. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. TOGETHER, with all appurtenances, to have and to hold the said premises with all the appurtenances, unto the said party of the second part and to its heirs and assigns forever. IN WITNESS WHEREOF, the Treasurer of said party of the first part has set his hand and seal this day of '1999. TAX TITLE PROPERTY Page 2 of 2 BOB DANTINI Snohomish County Treasurer PLEASE TYPE OR PRINT REAI. ESTATE EXCISETAX AFFIDAVIT This form is your receipt PLEASE SEE REVERSE CHAPTER 9145 RCW - CHAPTER 458.61 WAC vwhen stamped by cashier. FOR USE AT COUNTY TREASURERS OFFICE (Use Form fConuotling Interest e THIS AFFIDAVIT WILL NOT RE ACCEPTEDAREAS UNLESS ALL i Revenue) 1.7 FUFULLYC'OMPL TED Nerve TREASURER OF SNOHOMISH COUNTY, A Neste CITY OF EDMONDS, A MUNICIPAL ed � MUNICIPAL CORPORATION, STATE OF WASHINGTON w CORPORATION Street 3000 ROCKEFELLER AVENUE Streot 121 5TH AVENUE NORTH t7� City/State/Zip EVERETT, WA. 98201 City/State2p EDMONDS, WA. 98020 ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE ALL TAX PARCEL NUMBERS ASSESSED VALUE IF TAX EXEMPT Name SAME AS GRANTEE N/A Street City/Statelzip INLEGAL DESCRIPTION OF PROPERTY SITUATED IN ❑ UNINCORPORATED COUN'T'Y ®OR 1N CITY OF ZD r Street Address (if property is improved): N/A THE ^,.a.ST 2.0 FEET AND THE SOUTH 20 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON'. la this property currently: YES NO Classified or designated as forest land? ❑ In Chapter 84.33 RCW Classified as current use land (open apace, farm ❑ 60 and agricultural, or timber)? Chapter 84.34 RCW` Exempt from property tax as a nonprofit ❑ ®, organization? Chapter 84.36 RCW Seller"a Exanlpt Reg,. No, — --„„. „_,-- ---' Recnivin ocial 'valuation as historic 13 121 property? Caia'tcr 84.26 RCW Property Type: El .land only ❑ land with new building ❑ land with previously used building ❑ land with mobile home O timber only ❑ building only Principal Use: ❑ Apt (4+ unit) ❑ residential ❑ timber ❑ agricultural ❑ commerciaUndustrial ® other - v (1) NOTICE OF CONTINUANCE(RCW 84.33 OR RCW 84.34) tribe now owner(s) of land that is classified or designated as curre'n't use or forest land wish to continue the cl'assificatio'n or designation ofsuoh land, the now ownoa(s) must sign below, if the now owner(s) do not desire to continue such classification or designation, all compensating or additional tax calculated pursuant to RCW 84.33.120 and 140 or RCW 84.34.108 shall be due and payable by the seller or transferor at the time of Salo, The ccurtty assessor must determine ifthe land transferred qualifies to continuo classification or designation and must so indicate below. signatures do not necessarily mean the land will remain in classification or designation, If It no longer quaiiltos, It wall be removed and the compensating taxeswill, be applied. All new owners most sign. This land ❑ does ❑ does not qualify for continuance. Date DEPUTY ASSESSOR (2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) If the new owncar(s) of pmp=V with special valuation as historic property welsh to continue this special valuation the new owncr(s� must sign below. If the new owner(s) do not desire to continue such scial valuation, ail additional tart calcul Sled pursuant to Chapter 84.26 MCW, small be due and payable by the seller or ttansfetor at the time ofsele. (3) OWNER(S) SIGNATURE Descriplion of personal property Incluaca to gross Scams price, uo-- tangibie (eg„ furniture,, equipment„ etc.) or Intangible (egl goodwill, agreement not to compete, etc.) N/A If exemption claimed, list WAC number and explanation. WAC No. (Sec/Sub) WAC 458-61-420 Explanation GORIaIr1ENT TRANSFER, Type of Document TREASURER' S DEED NO. $) Date of Document anaftST 13 - 199Q Gross Selling Price 8, -0- Per3onal Property (deduct) s -0- Taxable Selling Price 3 -0- Excise Tax: State a —n— Local c -0- Delinquent Interest: State S -0^ Local $' -0- Delinquent Penalty $ -0- Total Due S -0- A MINIMUM OF S2.00 IS DUE AS A PROCESSING FEE AND TAX.DUE AFFIDAVIT I Certify Under Penalty Of Perjury Under The Laws Of The State Of Washington That The Foregoing Is True And Correct (See back of this form). Signature of Grantor/Agent Name (print) PATSY DANHOF Date and Place of Signing:PA!j9!JST f2z 12991 EVERETT,WA. '08201 Sinnattue of "`°+w. pal j iryt Petyury is a class C felony which. is punishable by imprisonment in the state correctional institution for a maximum term ofnot more EXHIBIT G than five years, or by a fine "m an. amount fixed by the court of not more than five thousand dollonn (55,000.00), or by both imprisonment and G fine (RCW 9A.20.020 (1C)). -1 FOR TRF.ARITRFR'tGTIRF fnNEY ")I INTY TREASURER -O7 7 tai. PL't,.W. 41 40 -o14 42 43 -44 .58 37 0- 47 34 54 55 tiw 59 50 51 52 56 2'30 7 t h PL. S.W. -O7 7 tai. PL't,.W. -o14 Date: September 2, 1999 To: City Engineer Jim Walker From: Fire Marshal John Westfall Subject, Prope!jy Properuse concerns WoodwayMeadows Questions that have been presented to me regarding the land between 104th Ave and Woodway (Highlands) property: is the lane existing from 104'Avenue to 106' Place required to be a "fire lane" for emergency access, if so, will it need to remain as a `fire lane" and be upgraded? By appearance and plat map this is a constructed fire lane with single gate access approved by the District Fire Department at some previous time. The fire lane is required to remain but will not require any upgrades for the purposes of fire access. No substantial changes to the properties or development of Woodway Meadows warrant any upgrades from the time of Fire Dept acceptance. The Fire Dept has not ever used this lane, however, we reserve its use for any future catastrophic event where primary access restricts our efforts to preserve life and property in Woodway Meadows. Is a "utility corridor" acceptable as secondary access for fire department requirements for emergency purposes to an area? Yes, provided the minimum specifications (clear width and load-bearing ability) are met with its construction, one traffic inhibitor in the form of a gate (best) or bollards would be allowed, which may quickly be defeated when an emergency response is in progress, and primary means of access is restricted. The location of a traffic inhibitor is irrelevant in regards to the entry or exit from the "utility, corridor". The fire department's opinion is that the fire lane may also be free, or shared, for public or private use. Will the Woodway Highlands development require a secondary means of vehicular (emergency) access and is this strip of .land where that access will be required? Yes, the Highlands development will require a secondary access built to specifications for width clearance and load-bearing ability. The fire department reviews (the) . developer's proposal and approves or reject for purposes of the requirement. The access requirement is not site-specific, however, the proposal by Highlands' developers regarding the strip of land in question has been approved for emergency purposes. It is up to the developer to secure the property for that use. This land is the best location for fire department access because of the proximity of approach from our second- and third -in fire stations for emergency responses. Attached is an area map showing the limited secondary approaches from the north and south (Shoreline) for emergency response. The black line shows the restriction of east to west. City of Edmonds Sb Fire Marshal . .{ travel to Woodway, with the broken portion shown where the proposed access is to be provided. This property also transmits a water line, and thus must remain utilitarian in its use for serving properties in the area. Xv 21 11 afs vi 7�dMC.. «1.mmws V w..rt,`'� ` C �. �.a " 4 A adYp oyr. ,..wi x " t 001 - d .w U..,w 3SI H1091 Maw+l #tn r 1 Oji � A Y. 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" . r , Item EDMONDS CITY COUNCIL Agenda Memo Originator: Engineering Division For Action: X For Information: Subject: ACCEPTANCE OF PROPERTY TAX DEED FROM SNOHOMISH COUNTY FOR PROPERTY LOCATED NEAR WOODWAY MEADOWS, AND DISCUSSION REGARDING THE PROPERTY'S APPROPRIATE USE Agenda Time: Agenda Date Exhibits Attached: 1. Treasurer's Deed 20 minutes August 24, 1999 2. Tax Affidavit 3. Copy of Assessor's Map Clearances: Departmentlinitials Admin Svcs/Finance _ Community City Attorney EngineeringSvcs City Clerk Parks & Rec Court Planning Personnel Public Works Fire Treatment Plant Police City Council Mayor Reviewed by Council Finance Committee: Community Services Public Safety Approved for Consent Agenda: Recommend Review by Full Council: Expenditure Amount Appropriation Required: $ 0 Budgeted: $ 0 Required: $ 0 Previous Council Action: None Narrative: The City has received a tax deed from the County for delinquent taxes on two long narrow strips of property. The east twenty feet is currently utilized as the right-of-way of 104` Street. The south twenty feet is the strip frequently referred to by Meadowdale Acres residents and others as the emergency access. The staff recommends that the City Council accept the deed and authorize the execution of the tax affidavit and its filing. The next step is the referral of the east twenty feet for consideration for inclusion in the Comprehensive Planning amendment process for addition to the Master Street Map. The south twenty feet needs to be categorized. The staff recommends that it be referred to the Planning Board for consideration as to its appropriate use. If a vacation request is submitted by neighboring property owners, the Planning Board's recommendation is required by state statute. The City Council may wish to establish by motion an interim use for the property. For example, the City Council could indicate that the property is to be limited in use for "emergency access purposes." Another option would be to indicate that the property is currently "unclassified" and is not to be put to any use until such time as a Planning Board recommendation is returned to the City Council for categorization in the Comprehensive Planning process. Recommended Action: City Council accept the deed and authorize the execution of the tax affidavit and its filing. The staff recommends that the east twenty feet, referred to in the attached deed be referred for consideration for inclusion in the Comprehensive Planning amendment process for addition to the Master Street Map. The staff recommends that the south twenty feet, referred to in the attached deed be referred to the Planning Board for consideration as to its appropriate use. Council Action: After Recording Return To: Snohomish County Property Management 3000 Rockefeller Avenue M/S #404 Everett, WA. 98201 TREASURER'S DEED NO. 5358 ****THIS TREASURER'S DEED IS FOR THE PURPOSE OF CLEARING TITLE FROM TAX DEED #4753 RECORDED UNDER AUDITOR'S FILE NO. 1272469. Reference #: Grantor: Treasurer of Snohomish County, a Municipal Corporation, State of Washington Grantee: City of Edmonds, a Municipal Corporation Legal Description: The East 20 feet and the South 20 feet, of the NW 1/4 of the SW 1/4 of Sec. 36, Twp. 27N, Rg 3E, W.M. Assessor's Tax Parcel ID#: • STATE OF WASHINGTON ) SS COUNTY OF SNOHOMISH ) THIS INDENTURE made this 23rd day of August, 1999, between BOB DANTINI, as Treasurer of Snohomish County, a Municipal Corporation, State of Washington, the party of the first part and CITY OF EDMONDS, a Municipal Corporation, party of the second part. WITNESSETH that whereas in accordance with the provisions of R.C.W. 36.35.150, for the sum of $50.52, Snohomish County authorizes the sale of the property described below to the party of the second part. NOW, THEREFORE, the party of the first part for and in consideration of the sum of $50.52, money of the United States, to it in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, do by these presents Quit Claim and Convey unto the party of the second part and to its heirs and assigns, the following described parcel of land, situated in the County of Snohomish, State of Washington, particularly described as follows: Page I of 2 Elul EXHIBIT 1 THE EAST 20 FEET AND THE SOUTH 20 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M. 0 SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. TOGETHER, with all appurtenances, to have and to hold the said premises with all the appurtenances, unto the said party of the second part and to its heirs and assigns forever. IN WITNESS WHEREOF, the Treasurer of said party of the first part has set his hand and seal this day of .1999. BOB DANTINI Snohomish County Treasurer TAX TITLE PROPERTY Page 2 of 2 7 PLEASE TYPE OR PRINT REAL, ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE SEE REVERSE CHAPTER 82.45 RCW - CHAPTER 458-61 WAC when stamped by cashier. FOR USE AT COUNTY TREASURER'S OFFICE (Use Form No. 84-0001B for Reporting Transfers of Controlling Interest of Entity Ownership to the Department of Revenue) THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1-7 ARE FULLY COMPLETED Name TREASURER OF SNOHOMISH COUNTY, A Name CITY OF EDMONDS, A MUNICIPAL, MUNICIPAL CORPORATION, STATE OF WASHINGTON CORPORATION 3000 ROCKEFELLER AVENUE Street, Street 121 STH AVENUE NORTH DEVERETT, WA. 98201 m City/State/Zip O City/State/Zip EDMONDS, WA. 98020 ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE ALL TAX PARCEL NUMBERS TREA SURER ASSESSED VALUE 1F TAX EXEMPT Name, SAME AS GRANTEE N/A Street City/State/Zip LEGAL DESCRIPTION OF PROPERTY SITUATED IN ❑ UNINCORPORATED COUNTY ® OR IN CITY OF EDMONDS Street Address (if property is improved): N/A THE EAST 20 FEET AND THE SOUTH 20 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON: Is this property currently: YES NO Classified or designated as forestland? ❑ In Chapter 84,33 RCW Classified as current use land (open space, farm ❑ EM and agricultural, or timber)? Chapter 84.34 RCW Exempt from property tax as a nonprofit ❑ organization? Chapter 84.36 RCW Seller's Exempt Reg. No.— Rtceiving spetial valuation as historic ❑ j property? C9taptet 84.26 RCW Property Type: E] land only C] land with new building 0 land with previously used building land with mobile home timber only ❑ building only Principal Use: ❑ Apt (4+ unit) ❑ residential ❑ timber ❑ agricultural commercial/industrial ® other __RIM� 0 - (1) NOTICE OF CONTINUANCE (RCW 84.33 OR RCW 84.34) 1.1° the new owner(s) of land that is classified or designated as current use or forest land wish to continue the classification or designation of such Rand., the new owner(s) must sign below. Ifthc now owner(s) do not desire to continue such classification or designation, all compensating or additional tax calculated pursuant to RCW 84.33.120 and 140 or RCW 84.34.108 shall be due and payable by the seller or transferor at the time of sale. The county assessor must determine if the land transferred qualifies to continue classification or designation and must so indicate below. Signatures do not necessarily mean the land will remain in classification or designation, If it no longer qualifies, it will be removed and the compensating taxes will be applied. All new owners must sign. This land ❑ does [] does not qualify for continuance. Date DEPUTY ASSESSOR (2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) Ift'he.new owner(s;) of property with special valuation as historic property wash to continua this Special valuation the new owner($) must sl,gn below. If the new ownor(s) do not desire to continue such special vg1tnation, all additional tax calculated pursuant to Chapter 84.26 RCW, shall be due and payable by the set ler or transferor at the time of sale. (3) OWNER(S) SIGNATURE Description of personal property included in gross ;selling price, both tangible (eg; furniture, equipment, etc.) or intangible (eg; goodwill, agreement not to compete, etc,) N/A If exemption claimed, list WAC number and explanation. WAC No. (Sec/Sub) WAC 458-61-420 Explanation GOVERNMENT TRANSFER Type of Document TREASURER'S DEED NO. 5-36-'g Date of Document AT7GT7Sm 23. 1999 Gross Selling Price 5 -0- Personal Property (deduct) -0- Taxable Selling Price $ -0- Excise Tax: State $ -0- Local -0- Delinquent Interest: State -0- Local $__0_ -0- Delinquent Delinquent Penalty 5 -0- Total Due S -0- A MINIMUM OF $2.00 IS DUE AS A PROCESSING FEE AND TAX.DUE AFFIDAVIT 1 Certify Under Penalty Of Perjury Under The Laws Of The State Of Washington That The Foregoing Is True And Correct (See back of this form). Signature of Grantor/Agent Name (print) PATSY DANHOF Date and Place of Signing:&T 6, 19991EVERETT WA, 98201 Perjnryt Pedury is it class C felony which, is pumishabic by imprisonment in the state correctional institution for a maximum term of not more thanEXHIBIT 2 five years, or by a line in an amount fixed by the count of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020(lC)). REV 84 0001a(12-30-98) (PD 1-04-99) FOR TREASURER'S USE ONLY COUNTY TREASURER �14 Sec. Co, - 4 C? 42 .44 37 36 46 -- 4.7 J4 54 ,u 59 44T '49 58 JAI 52 27th. PL. S.W N 2-37 th.' PL. 8.w. (5551) 9 La 0 \\edmsvr-deptfs\CityClerk\C_ _N\Cm990824.doc [Footer: Page 1 of 14 Edmonds City Council Approved Minutes EDMONDS CITY COUNCIL APPROVED MINUTES AUGUST 24, 1999 August 24, 1999 Page 1 Following a Special Meeting at 6:30 p.m. for an Executive Session regarding two real estate matters, the Edmonds City Council meeting Was called to order at 7:03 p.m. by Mayor Pro Tem Miller in the Library Plaza Room, 650 Main Street. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Thomas A. Miller, Mayor Pro Tem Dick Van Hollebeke, Council President Pro Tem Gary Haakenson, Councilmember Dave Earling, Councilmember John Nordquist, Councilmember Michael Plunkett, Councilmember Jim White, Councilmember ABSENT Barbara Fahey, Mayor ALSO PRESENT Christie Lee, Student Representative STAFF PRESENT Robin Hickok, Police Chief Peggy Hetzler, Administrative Services Director file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\CM' n Cm990824.doc Ray Miller, Development Services Director Jeff Wilson, Planning Supervisor Arvilla Ohlde, Parks and Recreation Director Brent Hunter, Human Resources Director Don Fiene, Assistant City Engineer Mike Linn, Construction Engineer Mike Stark, Information Services Coordinator Jeanne Startzman, Executive Assistant Sandy Chase, City Clerk Jeannie Dines, Recorder Mayor Pro Tem Miller announced that Mayor Fahey was on vacation this week. 1. APPROVAL OF AGENDA Page 2 of 14 COUNCIL PRESIDENT PRO TEM VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, FOR APPROVAL OF THE AGENDA AS PRESENTED. MOTION CARRIED. 2. CONSENT AGENDA ITEMS COUNCIL PRESIDENT PRO TEM VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR APPROVAL OF THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED. The agenda items approved are as follows: (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF AUGUST 17, 1999 (C) APPROVAL OF CLAIM WARRANTS #34987 THROUGH #35465 FOR THE WEEK OF AUGUST 16, 1999, IN THE AMOUNT OF $242,959.77. APPROVAL OF PAYROLL WARRANTS #25744 THROUGH #25921 FOR THE PERIOD AUGUST 1 THROUGH AUGUST 15,1999, IN THE AMOUNT OF $487,379.46 file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\C _MCm990824.doc Page 3 of 14 (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM THOMAS & ROBERTA MAURICE AND ROBERT & SUSAN ALLEN ($40,000) (E) REPORT ON THE GENERAL FUND FINANCIAL POSITION FOR THE PERIOD ENDED JULY 31,1999 (F) AUTHORIZATION TO SIGN A CONTRACT FOR DAVID MACHADO TO TEACH AT THE STATE POLICE TRAINING ACADEMY (G) ORDINANCE NO. 3273 ANNEXING CERTAIN REAL PROPERTY KNOWN AS THE "HALEY KLEIN" ANNEXATION, ESTABLISHING ZONING FOR THE ANNEXATION, PROVIDING FOR THE ASSUMPTION OF EXISTING CITY INDEBTEDNESS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. 3. INTRODUCTION OF NEW LIBRARY BOARD MEMBER DONNA PHILLIPS Library Boardmember Beverly Kaufman introduced new Library Boardmember Donna Phillips. Ms. Kaufman said Ms. Phillips has been active in the Friends of the Edmonds Library and is the leader of the Contemporary Book Club. Ms. Phillips explained she has been a resident of Edmonds for 48 years and was retired from the Edmonds School District. She said she has enjoyed the Friends of the Library as well as the library and books. Mayor Pro Tem Miller expressed the Council's appreciation for Ms. Phillips' willingness to serve. He advised Council confirmation of Ms. Phillips' appointment was not required. 4. ACCEPTANCE OF PROPERTY TAX DEED FROM SNOHOMISH COUNTY FOR PROPERTY LOCATED NEAR WOODWAY MEADOWS AND DISCUSSION REGARDING THE PROPERTY'S APPROPRIATE USE Assistant City Engineer Don Fiene explained there is a Snohomish County owned U-shaped 20 -foot wide property surrounding the Woodway Meadows area on the west, east and south. He said tonight's discussion concerns only the east and south 20 feet of the property. He displayed a map illustrating the property and explained the west 20 feet will be deeded separately to the homeowners in the Woodway Meadows development. Staff recommends acceptance of the deed from Snohomish County and authorization to execute the tax affidavit for its filing. The next step will be referral of the east 20 feet for consideration for inclusion in the Comprehensive Plan amendment process for addition to the Master Street Map. The south 20 feet needs to be categorized and staff recommends it be referred to the Planning Board to determine its appropriate use. For Council President Pro Tem Van Hollebeke, Mr. Fiene identified the existing paved 20 feet on the east that was assumed to be right-of-way but was determined to be owned by Snohomish County. The south 20 feet requires direction from Council regarding its use. He identified the Woodway Meadows and Forest Glen developments. He identified Tract 999 in the Woodway Meadows plat that is paved from the 20 -foot strip to the cul-de-sac on 106th Place. He said the Woodway Meadows plat refers to the 20 -foot area as emergency access and also as public right-of-way although it was recently determined this was file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\CM' I Cm990824.doc not recorded with Snohomish County. Page 4 of 14 For Councilmember Haakenson, Mr. Fiene identified the emergency access to Woodway Highlands. Mr. Fiene said a right-of-way permit was submitted by the developer of Woodway Highlands whose purpose for developing the 20 -foot strip was to pave it to its full extent to the west to provide emergency access for the development. Mr. Fiene explained the western two houses and the eastern three houses on the south side do not use the 20 -foot strip for access but the remaining houses have driveways, garages or gate openings for vehicular access off the 20 -foot strip of property. The City also has a storm detention system near the western end of the strip that the City maintains and Olympic View Water District has a sewer system and a water system in the 20 -foot strip that it maintains. The water system runs from 104th Avenue into and through Woodway. The westerly end of the 20 -foot strip is fenced between the Edmonds/Woodway City limits and a locked gate was installed, presumably when the property was owned by Standard Oil. The developer of the Woodway Highlands plat submitted a right-of-way permit for improvements in the 20 - foot strip (pavement, additional storm detention, and maintenance of the existing system). Edmonds informed the developer the City could not review the permit, as this area was not in City right-of-way. For Council President Pro Tem Van Hollebeke, Mr. Fiene identified the 20 -foot strip on the south side, which extends from 104th Avenue to the Woodway Town limits and has 8 -10 -foot wide pavement. He identified the location of the locked gate at the boundary between Woodway and Edmonds. Councilmember Nordquist asked if Olympic View Water District would apply for an easement for the water/sewer line in this area if the City accepted the deed. Mr. Fiene answered yes, and indicated he has been in contact with Olympic View's Manager to ensure the property designation is appropriate for their use. Councilmember Plunkett asked if vacation was an option. Mr. Fiene pointed out the property is not currently right-of-way but vacation could be done. He said Snohomish County is deeding the western 20 feet of Woodway Meadows to residents. Councilmember Earling referred to City Attorney Scott Snyder's letter that states "the City Council may wish to establish by motion an interim use for the property. For example, the City Council could indicate the property can -be used for emergency access purposes..." and asked what effect eliminating the emergency access would have on the developer's ability to develop the Woodway Highlands property. Mr. Fiene referred to a memo from the Fire Marshal that indicates the emergency access does not need to be site specific; the emergency access does not need to be in this area if there is another feasible location. Mr. Fiene said this was an issue that would need to be addressed by the Fire Department. Councilmember Haakenson observed there are two other locations that would provide feasible emergency access. He asked if the Woodway Highlands project could begin without identification of an emergency access. Mr. Fiene was uncertain. Councilmember Haakenson said the Council could accept the property from Snohomish County but could not establish an interim use until the Fire Department indicates what the property would be used for. Mayor Pro Tem Miller suggested the Council accept the deed and limit the use to emergency access until the Planning Board has an opportunity to review the matter. Councilmember Haakenson questioned what the emergency access provided access to, whether it was only to Tract 999 and Woodway Meadows or if it was the entire road into Woodway Highlands. Mayor Pro Tem Miller said his conversations with the City Attorney indicated the road would provide emergency access to Woodway. Councilmember Haakenson pointed out there are currently no houses in the Woodway Highlands development. file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\i- 1N\Cm990824.doc Page 5 of 14 Councilmember Plunkett stated that this strip could be designated for interim fire access but fire trucks cannot currently utilize this area. He supported the strip providing interim access pending future discussion and review. Mr. Fiene read from the Fire Marshal's letter, "Would the Woodway Highlands development require a secondary means of vehicular emergency access and is this strip of land where the access will be required? Yes, the Highlands development will require a secondary access built to specifications for width, clearance and load bearing ability. The access requirement is not site specific, the Fire Department will review the developer's proposal and approve or reject for purposes of the requirement. This land is the best location for Fire Department access because of the nearness of approach from our second and third fire stations for emergency responses. This property also transmits a water line and thus must remain utilitarian in its use for serving properties in the area. Openness or restriction with traffic inhibitors would apply also to coordinate emergency use with other uses which are required or desired for location of City functions. " Councilmember Earling asked how the timing of the decision affected adoption of the Comprehensive Plan. Planning Supervisor Jeff Wilson said the GMA allows emergency action to amend the Comprehensive Plan to address unanticipated/unforeseen circumstances and is not limited to the annual amendment process. This situation likely would be considered appropriate for an emergency amendment to the Comprehensive Plan. Councilmember White said it would be appropriate for the Council to accept the deed and present the matter to the Planning Board who will establish a public hearing process under the Comprehensive Plan amendment provisions. He pointed out it was not necessary to make a decision regarding emergency access as the Fire Department has the authority to use this property, and any other property, for emergency, access as necessary. Councilmember Nordquist referred to the last three sentences of the staff report, "is not to be put to any use until such time as a Planning Board recommendation is returned to the City Council .... " He hoped the Council would allow utility maintenance in this area and continued use by adjacent property owners. COUNCILMEMBER WHITE MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ACCEPT THE PROPERTY TAX DEED FROM SNOHOMISH COUNTY FOR THE PROPERTY LOCATED ADJACENT TO WOODWAY MEADOWS AS DESCRIBED AT TONIGHT'S DISCUSSION AND AUTHORIZE CONTINUED USE OF THE PROPERTY UNDER THE PRESENT CONDITIONS FOR UTILITY MAINTENANCE AND PRIVATE PROPERTY OWNERS ADJACENT TO THE PROPERTY. Council President Pro Tem Van Hollebeke suggested the continued use of the property for emergency access also be allowed. Councilmember White explained he specifically did not include emergency access to avoid setting a precedent. He reiterated the Fire Department has the authority to use the property for emergency access as necessary. Councilmember Earling said it was his understanding the Planning Board would review appropriate use of the property and the Council's action would be an interim action. He said indicating emergency access would be allowed on an interim basis would not be detrimental to the process. Councilmember White said he could foresee problems that were better discussed during Executive Session. He asked what advantage indicating emergency access would have. Councilmember Earling said it would indicate to the file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\CM' ' Cm990824.doc Page 6 of 14 property owners adjacent to the strip that the property is available for interim Fire Department use as emergency access at least until the Planning Board's process is complete. Councilmember Haakenson expressed concern that including any information regarding emergency access as the Engineer and Fire Department have issued a memo to the developer of Woodway Highlands indicating he cannot begin construction until an emergency access is provided. If emergency access is permitted and then the Planning Board determines this is not appropriate, the City could be in a bad legal situation as the developer could indicate the access was allowed, they began their project utilizing this as emergency access, and then it was taken away. Council President Pro Tem Van Hollebeke said it appeared the City Attorney suggested it would be appropriate to allow emergency access on an interim basis. Councilmember Haakenson reiterated there are no houses in the Woodway Highlands development at this time, therefore, the developer does not need emergency access. In view of the lack of staff from the Fire Department and City Attorney's Office to address the Council's questions, Councilmember Earling made the following motion. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER WHITE, TO TABLE THIS ITEM UNTIL THE NEXT COUNCIL MEETING (SEPTEMBER 7). MOTION CARRIED, COUNCILMEMBER NORDQUIST OPPOSED. 5. QUARTERLY REPORT ON SELF-INSURANCE HEALTI : EI EFIT FUND Human Resources Director Brent Hunter explained this was a third quarter report on the self-insurance health benefit fund and would include a report on the problems that have been experienced with claims administration, how medical inflation is affecting the plan, a recommended rate increase f6r next year, and an update on the LEOFF 1 long term care. He displayed a graph illustrating revenue, stop loss administration, claims, and balance for the Self -Insurance Health Plan. He explained the plan's cash balance was increasing at the beginning of this year following an increase in rates in November 1998. Claims increased in June 1999 due to several major claims as well as an additional claim period resulting in an ending balance in July of $172,000. He said although this sounds like an appropriate amount, the plan must maintain a cash reserve balance to continue to pay claims for 90 days if the plan were to be discontinued. He summarized the major claims include one that is approaching $66,000 and another approaching $40,000. Mr. Hunter explained although it was thought claims difficulties that were encountered when the plan switched to Regence had been resolved, those problems in fact still exist. He explained Regence's computer system does not accept electronic billing as well as claimed and as a result, claims are rejected and must be manually input. He said this is causing some employee dissatisfaction. He said Regence is providing the expected discounts, noting First Choice provided a discount of approximately 25% during the first year and Regence provides a 35% discount. Mr. Hunter displayed a table from another major carrier illustrating medical inflation. He explained during the past several years, medical inflation was stagnant and each year required only a 0%-2% rate increase. In recent years, this has been catching up with medical carriers and the City's consultant file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\( N\Cm990824.doc Page 7 of 14 advises a 10-15% increase should be anticipated due to medical inflation. Mr. Hunter displayed a chart showing premiums for another carrier, claims, and claims loss administration, which illustrates that for several years the premiums versus claims provided a healthy balance. For the past five years, when the federal government became interested in health insurance, pressure was put on the medical industry to reduce costs. Because many carriers have not increased their rates, their profit margins have dropped resulting in the need for a rate increase. Mr. Hunter said AWC would be raising their rates 24%. One of the reasons they will not raise rates substantially is due to the healthy reserve they have maintained in the past. AWC's Group Health rate will increase 17%. In response to whether the City could return to AWC, Mr. Hunter said AWC would allow the City to return at any time but will be experience -rated by their Board of Directors and a surcharge established on the premium rate if necessary. Once they are satisfied the City is "normal," the surcharge would be eliminated. He reiterated the need to maintain a reserve balance to pay residual claims for approximately 90 days following discontinuation of the self-insurance plan. Mr. Hunter displayed the recommended budget for 2000, illustrating the impact of a 10% increase in the premium rate and a 13% increase in the premium rate. He said the amount of budgeted claims in 2000 represents a 10% medical inflation on previous years' claims. Administration costs would remain the same. He explained the ending cash balance in the self-insurance plan for 1998 was $66,000 and the ending cash balance is projected to be $161,000 in 1999. With a 10% premium increase, the ending cash balance in 2000 is projected to be $203,000. He explained the State's Claim Manager recommended the City maintain a 15-20% reserve to pay residual claims should the self-insurance plan be discontinued. He referred to the 17% reserve amount indicated on the budget, noting the plan has been under -reserved for the past two years. He said with a 10% premium increase, the reserve will still be under by approximately $60,000; by establishing a 13% premium increase, the City will be close to the recommended reserve amount. The Health Insurance Committee recommends a 13% premium increase. Council President Pro Tem Van Hollebeke requested Mr. Hunter clarify the plan year. Mr. Hunter explained the plan year ends September 31 and a new plan year begins October 1. As the City cost shares the premium, the City's contribution for a 13% premium increase would be $31,000 for 1999 and $124,000 for 2000. Mr. Hunter said LEOFF 1 continues to be the outstanding part of the self-insurance plan. When the plan began two years ago, it was hoped excess funds would be generated that could be placed into the long- term care LEOFF 1 fund. By comparing premiums to expenditures, the LEOFF is approximately $200,000 ahead, basically subsidizing the remainder of the group. No funds have been placed into the long-term care, as those funds are necessary to maintain reserves. Council President Pro Tem Van Hollebeke, a member of the Health Insurance Committee, said the committee unanimously agreed the self-insurance plan should be continued for one more year. His experience with insurance indicates health insurance rates nationally will increase 9-10%. His experience with small insurance groups has been that their insurance rates have increased 20-50%. He said Washington is experiencing higher rate increases than the remainder of the nation because of the State Legislature's decision that everyone in the State be insurable which drove up the cost to carriers and eliminated many carriers. This results in less competition and increased losses by the carriers who remain. He pointed out the self-insurance plan allows control by the City rather than by AWC. In response to Councilmember White's request for a comparison between the self-insurance premiums and the AWC premiums, Mr. Hunter said that until this rate increase; the premiums were fairly close. With this rate increase, the self-insurance plan premiums will be more than AWC's rates. He said AWC (and the City) implemented an 11% rate increase last year and the City adopted the AWC rates for the file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\CW T`Cm990824.doc Page 8 of 14 previous year. Mr. Hunter said the City's Group Health premium would decrease 5%, primarily due to the timing of the City's plan year. AWC's Group Health premiums will increase 17% on January 1. He commented approximately 10% of the City's workforce subscribe to Group Health coverage. Council President Pro Tem Van Hollebeke asked if the Council needed to take action on the premium increase and to continue the self-insurance plan. Mr. Hunter answered Council action is not required, as there are sufficient funds in the budget due to the PERS reduction to continue the self-insurance plan. He said the rate increase would be included in the 2000 budget. He said a motion to approve continuing with the self-insurance plan for another 12 months and approving implementation of a rate increase would be appropriate. Councilmember Plunkett preferred the Council not take action tonight regarding continuing with the self- insurance plan as the Council agenda indicates no action would be taken on this item. Councilmember White said prior to taking action on this item, he wanted to hear further logic regarding the expenditure of $124,000 in 2000 for a 13% increase, particularly in view of AWC's 2-4% increase and what the City gets for this increase. He requested this be more fully addressed in the budget process. Council President Pro Tem Van Hollebeke pointed out the self-insurance plan is out of sync with the budget process as their plan year begins October 1. He said the Council could agree in concept to proceed with self-insurance without making a decision regarding a rate increase. He cautioned against waiting until the budget process to determine the rate increase, as this would be beyond the renewal date. Councilmember White stated that the impacts of I-695 may be devastating and it may not be feasible to expend an additional $124,000. Council President Pro Tem Van Hollebeke suggested the Human Resources Committee bring this issue back to the Council at the earliest possible date in September with as much detailed information regarding the impacts of other items on the City's budget. 6. REPORT ON PUBLIC SAFETY CONSTRUCTION PROJECT Construction Engineer Mike Linn reported that the Public Safety project is approximately 75% complete. Phase I is anticipated to be complete by January 2000, although it is hoped this can be moved up a month or two. Phase II, site work west of 5th Avenue, will be completed by May 2000. He explained.a meeting today with the contractor and architect indicated problems are being reduced and staff is able to get a better handle on costs and time available to complete the work. Contingencies are approximately $450,000 although determination of a final amount continues. He said the major issue at this time 1s resolution of schedule delays, most of which occurred early in the project, primarily due to utility delays and site work at the Fire Station. He said the Fire Station is essentially complete and finishes and fixtures are being installed. The drywall on the Police Station has been completed on the upper level and the drywall on the lower level will begin August 25. The roof between the Courts building and the Police Station is complete which reduces standing water in the lower level of the. Police Station. Councilmember Haakenson asked Mr. Linn to describe the location of Phases I and II. Mr. Linn said Phase I represents completion of the Fire Station, Police building, and Courts building. Enough of the site work will be completed to allow these buildings to function — parking on the north side of the Fire Station, the area between the Police and Fire Stations, and handicapped access to the building. The permanent parking, west of the buildings, will not be completed until the existing structures are removed. Once City staff is moved out of the existing buildings, Phase II will begin. He said the Council would not be able to occupy the new Council Chambers until adequate public parking can be provided. file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\(.. 1N\Cm990824.doc Page 9 of 14 7. UPDATE ON LYNNDALE PARK PHASE III DEVELOPMENT Parks and Recreation Director Arvilla Ohlde explained Lynndale Park Phase III development is a partnership project with the City of Lynnwood. She pointed out the Comprehensive Park and Open Space Plan indicated the Perrinville neighborhood was deficient in a community park amenity. During the Comprehensive Park and Open Space Plan process, consideration was given to 1) building a community park in that area, 2) not having a community park in that area, or 3) entering into a partnership project with Lynnwood to develop Lynndale Park. She said Lynndale Park Phase III also included a skateboard park. She explained the improvements include a restroom, children's playground area, a sport court, and a skateboard park. She said a partnership has been developed with the Youth Police Association who provided a team of youth who provide recommendations regarding signage, use, etc. She invited the public to the opening of the skateboard park on Friday, September 24 (a school holiday) at 2:00 p.m. For Student Representative Lee, Ms. Ohlde described the Phase III improvements near Perrinville. She said the existing tennis courts have been retained in Lynndale Park. Council President Pro Tem Van Hollebeke complimented Ms. Ohlde and the Parks and Recreation Department, pointing out this represents a joint venture that benefits the citizens of Edmonds but the City only pays half the development cost and less than half to maintain the park. Mayor Pro Tem Miller declared a brief recess. 8. REPORT. INFORMATION ON PROPOSED INITIATIVE 695 -- "SHALL VOTER APPROVAL BE REQ[. HIED FOR ANY TAX INCREA I��, LICENSE TAB FEES BE $30 PER YEAR FOR MOTOR VEHICt ES AND EXISTING VEHICLE TAXES BE REPEALED?" AND POTENTIAL IMPACT ON GENERAL FUND Administrative Services Director Peggy Hetzler said her information was based on an analysis provided by Foster Pepper and Schefelman, the firm who assists the City with bond transactions. She clarified the examples she would provide in her presentation were for illustrative purposes only, specific recommendations to offset revenue losses would be developed in conjunction with the 2000 budget and would be presented to the Finance Committee and Council later this fall. Ms. Hetzler said I-695 contains two major provisions, 1) the repeal of the Motor Vehicle Excise Tax (MVET) statute from which the City receives approximately $1.1 - $1.5 million annually, and 2) requiring a public vote on any new or increased State or local government revenue sources. She outlined the broad impacts that include major revenue losses for transportation including the State Ferry System, elimination of approximately $1.5 billion that would be generated for the 1999 — 2001 biennium of which 75% is slated for transportation projects, and unknown impacts on Sound Transit's ability to assess and collect taxes as I-695 repeals the statutes that govern the calculation of some Sound Transit taxes. Other implications include reduced funding for public health programs, city and county criminal justice programs, and city and county sales tax equalization. Further, the $30 fee that will replace the MVET will not be shared with local governments. Ms. Hetzler said counties in Washington are authorized to impose a $15 local option fee on certain vehicle licenses, a fee Snohomish County imposes, and distributes a portion of to the City of Edmonds. file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\CM' Cm990824.doc Page 10 of 14 I-695 may eliminate this fee because it repeals the statute that identifies vehicles that are subject to the fee. In 1999, the City's projected revenue from this source was $280,000, currently dedicated to road projects. An unexpected tax source may result from passage of I-695. Before the WET was imposed, vehicles were considered personal property and were taxed based on 1 % of their blue book value. Some legal experts believe repealing the WET statutes would reinstate the personal property tax status of vehicles. Ms. Hetzler reviewed charges that would require voter approval such as City taxes, special assessments for local improvements, product or service fees, library cards, recreation fees, municipal court filing fees, permit fees, license fees, etc. If 1-695 passes, increasing or imposing any of these taxes would require voter approval. She listed various governmental entities that will be affected by I-695 such as counties, fire protection districts, housing districts, port districts, public utility districts, public hospital district, school districts, sewer/water districts, etc. As an example, if I-695 passes, an election would be required to increase the cost of a driver's education class or a meal ticket. Ms. Hetzler said there are many unanswered questions such as who would vote to approve rent increases in a Housing Authority because they do not have a defined electorate. Another major uncertainty is the definition of "a monetary increase" in the initiative — whether it means increases in a rate imposed on a per-unit basis or if it would prohibit a government from collecting more money from a revenue source in 2000 than was collected in 1999. Using the City's water bill as an example, Ms. Hetzler said one interpretation was the City could not increase the rate of per cubic foot consumed without a public vote. However, the wording could also be interpreted to mean that once the City collects an equal amount of water revenue in 2000 as was received in 1999, all remaining water usage would be free. Another example would be sales tax — if revenues collected through November 2000 exceed total sales tax revenues for 1999, no further sales taxes could be imposed for the remainder of the year without a public vote. Another significant impact on local government is the ability to raise capital through the sale of municipal bonds. The City has several bond issues outstanding for construction of the Police and Fire complex, the Wastewater Treatment Plant expansion and various park purchases. These existing bonds will require the City to implement taxes and rates in amounts sufficient to repay the debt service because of the contractual relationship that exists between the bond owners and the City. However, this contractual relationship appears to be in conflict with the provisions of I-695. The greater impact would be on future debt issuance. Underwriters and bond insurers require some proof that a government has the ability to meet its payment requirements before bonds can be marketed. In order to show this ability, Washington governments will likely have to obtain voter approval for each new bond issue. Because of the difficulty in obtaining bond insurance, the City may likely experience higher interest rates, resulting in increased project costs over time. According to the City's bond counsel, this initiative appears to have several constitutional defects and one or more post-election challenges are a virtual certainty. The uncertainties are how long until the challenges are resolved and what is the status in the interim period. Ms. Hetzler reviewed suggested action items for governments to consider to best position themselves for post I-695 such as consulting with the City Attorney about the City's specific circumstances, speeding up any debt issuance and LID assessments to be effective prior to the end of the year, assessing non -voted taxes now, establishing water and sewer rates and permit fees on a multi-year basis, and adding automatic CIP adjustments to existing rate ordinances. The City may also want to consider speeding up the adoption of the budget process and reviewing notice periods that are required for alerting citizens to potential rate increases. Ms. Hetzler summarized if approved, I-695 takes effect January 1, 2000; however, the Washington State Constitution states poll -approved initiatives take effect 30 days after the election. To be safe, the City file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\C. _N\Cm990824.doc Page 11 of 14 should consider having any new charges or taxes in place prior to December. Ms. Hetzler explained in response to a request by the Finance Committee to present revenue trend information assuming different property tax levies. She reviewed a 5 -year revenue/expenditure forecast trend for 1998 actual and 1999 — 2004 under three different scenarios: (1) a 3% annual increase in property taxes (without I-695), (2) no increase in property taxes, and (3) enactment of I-695 and no increase in property taxes. In order to minimize variables, she noted the forecasts assumed revenues would increase by a measure of inflation, no new revenue sources had been included, expenditure projections assume 1999 status quo service levels adjusted by an inflation factor, no future provisions had been included for the Snohomish County 800 MHz debt payments, and no funding was included for the three battalion chiefs, new or unfounded capital projects or the medical self-insurance rate increase. Under the first scenario (a 3% annual increase in property taxes without I-695), expenditures exceed current year revenues and revenues balance expenditures by the use of cash that is carried forward from previous years. Under the first scenario, excesses increase over the five-year period. Under scenario two (no increase in property taxes without I-695), expenditure growth exceeds revenue for all five years and annual deficiencies increase yearly. Ending cash decreases from $1.4 million in 1999 to (negative) $278,000 in 2004. Under scenario three (enactment of I-695 and no increase in property taxes) huge deficits accumulate as a result of the cumulative effects of the WET and sales tax equalization losses coupled with lost property tax revenues. Under this scenario, the General Fund cash balance becomes negative in 1999. She displayed a graphic of each scenario illustrating a comparison between revenues and expenditures. Ms. Hetzler displayed a pie chart illustrating the revenue sources that comprise the General Fund, pointing out property taxes comprise 38% of all General Fund revenues, Sales Taxes represent 19% of the General Fund and WET and Sales Tax Equalization represent 7% of General Fund revenues (estimated to be $1.4 million for 2000). In order to compensate for such significant revenue losses programs or service levels will be impacted. Over the past few years, the City has implemented a modified Zero Based budgeting approach that incorporates the use of cost centers. Cost centers are designed to reflect the costs associated with providing each City program and have been ranked based on three criteria, 1) whether the program is legally required, 2) does the program generate revenue, and 3) what is the public impact from this program. She said the programs that are not identified as legally required or self-sustaining are the programs that are first considered discretionary and are considered for potential elimination during periods of economic downturn. She identified costs centers that, based on , their previous ranking in the 1999 budget, could potentially be affected by the need to reduce General Fund expenditures by the revenues lost by I-695. These programs included fire reserves, fire training, police reserves, crime prevention, youth services, the canine unit, police training, police property management, numerous parks programs, street repairs and building maintenance. She stressed these programs were identified only for illustrative purposes. She said although elimination of these programs would provide the funds required to offset funds lost as a result of I-695, it would also displace approximately 25 employees. Ms. Hetzler reviewed a list of contractual services such as the library and advance life support services that may need to be revisited in light of possible revenue reductions. She said the next steps include an examination of revenue enhancement options to be considered by the Finance Committee at their September 14 meeting and City staff will continue with the development of cost centers. Council President Pro Tem Van Hollebeke observed the City could lose $1.4 in revenues and asked how those funds were allocated. Ms. Hetzler answered approximately $500,000 comes to the City designated file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\CM' - Cm990824.doc Page 12 of 14 for public safety needs although there is no legal requirement that they be expended for those purposes. There are no restrictions on the use of Sales Tax Equalization funds. Council President Pro Tem Van Hollebeke asked for an overview of the City's total budget and how much of it is mandated. Ms. Hetzler answered the cost centers she indicated could be eliminated are the programs not legally required to be provided. The total General Fund budget is approximately $20 million of which $1.4 represents approximately 7%. She said approximately 50% of the General Fund budget is public safety related costs. Council President Pro Tem Van Hollebeke observed mandated programs could not be eliminated; therefore, the loss of $1.4 in revenues would have a huge impact on the remaining items in the budget. Mayor Pro Tem Miller asked if Mayor Fahey has discussed the possibility of a hiring freeze pending the outcome of I-695. Ms. Hetzler answered that discussion has not occurred with Mayor Fahey but the cabinet has had that discussion. The cabinet has not yet reached a decision on hiring for existing vacancies but has put a limit on hiring the new position approved last week. Councilmember Earling said many entities and cities are preparing two budgets, however, due to Edmonds' use of cost centers, this is not necessary. He suggested Administration provide a recommendation on prioritization of cost centers that could be eliminated if necessary. Councilmember White requested a copy of the cost centers that might be eliminated and a copy of Ms. Hetzler's presentation. Council President Pro Tem Van Hollebeke requested a copy of the pie chart. Mayor Pro Tem Miller said USA Today reported a survey indicated 59% of Washington residents support I-695. 9. DISCUSSION REGARDING BUDGET APPROACH Administrative Services Director Peggy Hetzler said the uncertainty regarding I-695 makes it difficult for staff to develop reliable revenue estimates. The potential loss is too great to be offset by across-the-board budget reductions. Since cost centers have been developed and prioritized for just such a purpose, this would be the appropriate time to identify cost centers that might be eliminated from the budget. The Department Directors have been instructed to prepare their budgets on the cost center basis, assuming there will be no impact from 1-695 and assuming realistic service levels and based on status quo service Ievels. She suggested Mayor Fahey and Department Directors, in conjunction with the Finance Committee, prepare a budget reduction plan to be presented to the Council that could take effect should I- 695 pass. This reduction plan would include the elimination of certain cost centers, reduction in certain service levels and potential new revenue proposals. She requested revenue projections from General Fund departments that receive fees, grants, contractual revenue or other miscellaneous revenue sources. She requested departments that impose fees and/or rates consider the adequacy of those rates over time and possibly develop a multi-year rate structure that would include a CPI increase in the ordinances that establish these revenues. She referred to a 2000 Budget Calendar that was presented to the Finance Committee last month, pointing out the property tax levy process is scheduled to take place prior to December 1 in an effort to respond if 1-695 passes and is deemed to be effective December 2. Ms. Hetzler requested the Council provide input regarding whether this is the direction staff should proceed in development of the budget, or if a different approach is desired, staff should be informed soon so that departments can be instructed to proceed in a different manner. Councilmember Earling said the Finance Committee has been reviewing a variety of potential revenue sources that may be available and these will be reviewed again at the September Finance Committee file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\C N\Cm990824.doc Page 13 of 14 meeting. He did not recall the Finance Committee would be involved in the process of eliminating cost centers as that was viewed as an administrative process in which the Council should not be involved. The Council could consider administrations priorities and make adjustments if they chose. Ms. Hetzler said it was her intent for the Department Directors and Mayor Fahey to develop a plan, keep the Finance Committee apprised, but the Finance Committee would not be actively involved. Councilmember Haakenson stated that due to I-695, the 800 MHz Board will be selling bonds prior to November 2. The charges to cities in 2000 will be relatively minimal in 2000, approximately $10,000 - $20,00, but there will be significant funds required in the 2001 budget for 800 MHz to repay Snohomish County. He recommended this be kept in mind when developing the 2001 budget. 10. MAYOR'S REPORT Mayor Pro Tem Miller wished Council President Pro Tem Van Hollebeke a happy birthday (last week). Mayor Pro Tem Miller advised there would not be a Council meeting on August 31, the fifth Tuesday, and the next Council meeting would be Tuesday, September 7. 11. INDIVIDUAL COUNCIL REPORTS/UPDATES ON RESPECTIVE BOARD MEETINGS Councilmember Earling advised Sound Transit will begin their first service in September. Eight regional bus lines will be activated; three of which will originate in Snohomish County from Everett and go to Bellevue or Seattle. Public notice will be distributed informing of ribbon cutting ceremonies. Councilmember Plunkett explained in the mid -1990's the Legislature passed the Commute Trip Reduction Act in an effort to get single occupants who were employed by large companies out of their vehicles. The City of Edmonds, as a large employer, is required to adhere to the provisions of the Commute Trip Reduction Act. Human Resources Director Hunter made a presentation to the Downtown Parking Committee, explaining the City has been working toward the goals but still need to do more work. Per Mr. Hunter's suggestion, the Downtown Parking Committee will interview representatives from CT to discuss potential efforts the City can use to meet the goals of the Commute Trip Reduction Act which may result in recommendations to the Council. Councilmember Nordquist said when the Health District was reformulated in the 1960's, it received some of its revenue from each city on a per capita basis. The Legislature replaced some of that funding with MVET funds. He said 17% of the Health District's budget comes from MVET; if I-695 passes, the Health District will again seek funding from cities on a per capita basis. He reported the Health District has completed their 2000 budget. Councilmember Earling suggested the Health District make a 15 -minute presentation on the potential impacts of I-695. With no further business, the Council meeting was adjourned at 9:00 p.m. Filename: \\edmsvr-deptfs\CityClerk\CMIN\Cm990824.doc file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\CIV�'Cm990824.doc Page 14 of 1 Title: edmonmin Subject: Edmonds City Council minutes - Author: Jeannie Dines Operator: Sandy Chase file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\C_ _�N\Cm990907.doc [Footer: Page 1 of 17 Edmonds City Council Approved Minutes EDMONDS CITY COUNCIL APPROVED MINUTES SEPTEMBER 7,1999 September 7, 1999 Page 1 Following a Special Meeting at 6:30 p.m. for an Executive Session regarding a real estate matter, the Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Fahey in the Library Plaza Room, 650 Main Street. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Barbara Fahey, Mayor Thomas A. Miller, Council President Dave Earling, Councilmember John Nordquist, Councilmember Michael Plunkett, Councilmember (arrived 7:15 p.m.) Jim White, Councilmember Dick Van Hollebeke, Councilmember Gary Haakenson, Councilmember ALSO PRESENT Christie Lee, Student Representative STAFF PRESENT Tom Tomberg, Fire Chief Kevin Taylor, Assistant Fire Chief John Westfall, Fire Marshal file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\CMT'' T� Cm990907.doc Robin Hickok, Police Chief Ray Miller, Development Services Director Peggy Hetzler, Administrative Services Director Jeff Wilson, Planning Supervisor Noel Miller, Public Works Director James Walker, City Engineer Brent Hunter, Human Resources Director Scott Snyder, City Attorney Sandy Chase, City Clerk Jeannie Dines, Recorder 1. APPROVAL OF AGENDA Page 2 of 17 COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR APPROVAL OF THE AGENDA AS SUBMITTED. MOTION CARRIED. (Councilmember Plunkett was not present for the vote.) 2. CONSENT AGENDA ITEMS COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR APPROVAL OF THE CONSENT AGENDA. MOTION CARRIED. (Councilmember Plunkett was not present for the vote.) The agenda items approved are as follows: (A) ROLL CALL (C) APPROVAL OF CLAIM WARRANTS #34989 THROUGH #35625 FOR THE WEEK OF AUGUST 23, 1999, IN THE AMOUNT OF $145,305.41. APPROVAL OF CLAIM WARRANTS 434173 THROUGH #35986 FOR THE WEEK OF AUGUST 30,1999, IN THE AMOUNT OF $219,511.60. APPROVAL OF PAYROLL WARRANTS 925923 THROUGH #26102 FOR THE PAY PERIOD AUGUST 16 THROUGH AUGUST 31, 1999, IN THE AMOUNT OF $379,053.37. file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\C. -N\Cm990907.doc Page 3 of 17 (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM PEARLEY J. ANGERS (Amount Pending), AND PATRICIA HODGES ($437.66) (E) UPDATE ON HIGHWAY 99 PROJECT (F) AUTHORIZATION TO ADVERTISE FOR BIDS TO PURCHASE A THREE -WHEEL PARKING ENFORCEMENT VEHICLE. (G) ORDINANCE NO. 3274 AMENDING THE PROVISIONS OF EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 19.97.030, GENERAL PROVISIONS (B) BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD 3. AUDIENCE COMMENTS Teresa Verhey, 19115 Ocean Avenue, Edmonds, referred to Agenda Item #8 (Authorization to call for bids to construct fences along Ocean Avenue) and explained Burlington Northern (BN) took out a Shoreline Substantial Development Permit on June 9, 1995, which was approved, and the litigation process ended recently allowing the fencing to be constructed. She objected to the City's involvement with bidding the fence and encouraged the Council to consider why the City was contemplating sending out BN's fence to bid since BN is a private property owner. She said the City's involvement with sending BN's fence out to bid sends a message of potential collusiveness between the City and BN, As a taxpayer, she objected to her tax dollars being utilized for the City to send a private property owner's fencing out to bid. She was concerned with the legalities including the City's potential liability and who would be the owner of the fence. She recalled BN provided assurance regarding the style and appearance of the fence and she questioned why they could not bid the fence themselves. Janet Robertson, 10523 240th Place SW, Edmonds, said the agenda memo regarding acceptance of the property tax deed from Snohomish County for property located near Woodway Meadows was confusing to them as it appeared residents may not be allowed to present their concerns regarding the 20 -foot strip to the Planning Board. As suggested in Mayor Fahey's letter of August 5, Ms. Robertson supported the City holding public hearings to seek public input. She explained 20 years ago she testified before the Snohomish County Planning Commission that if Woodway Meadows was built in the proposed location, there would be flooding because it was to be built on a series of ponds. She was impressed with the way the Council and staff reacted to this issue. Lora Petso, representing Olympic View Water and Sewer District (OVWSD), said at their board meeting tonight they obtained information regarding the history of OVWSD's pipes in the fire lane near Woodway Meadows. She said OVWSD's General Manager would be in attendance later to answer any questions. If the City disposes of the property, OVWSD will require vehicle access over the eastern 1,100 feet to allow a sewer pump truck to access the last manhole on the lane and permission for access of the pipes (water and sewer) that run under the lane. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, recommended the City increase revenue for next year to cover repair costs. He provided a recommendation to the Police Department to reduce crime by instituting an after school program operated by the Police Department. Although he supported locating an art piece in Hekinan, he said the City should consider what Hekinan has done for Edmonds such as opening businesses in the City. He recommended the City discontinue sending further moneys to Hekinan until it can be shown how they are benefiting Edmonds. file:///C:/Windows/MuniMetriX/—IFL—temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\CM'"\Cm990907.doc Page 4 of 17 Kevin Clarke, 23924 107th Place W, Edmonds, distributed an updated exhibit to Fire Marshal Westfall's exhibit that was attached to the packet regarding Agenda Item #6 (discussion on acceptance of property tax deed from Snohomish County for property located near Woodway Meadows). He reviewed the corrections to the exhibit prepared by Fire Marshal Westfall including the location of the main Fire Station at 5th and Bell rather than 3rd and Main and the location of Shoreline fire departments. Mr. Clarke said there has been representation that there is no fire lane access to the proposed Woodway Highlands Development. He referred to the exhibits he provided, first a map that indicated areas where fire access was not available; second, an enlargement of the Snohomish County Assessor's quarter section map of the area showing the location of the three areas and the proposed main entrance to Woodway Highlands. He referred to photographs he presented, the first was the location the developer has proposed to have the logging trucks exit the development (15th and 205th), the second photograph is an existing double gate at 18th NW and NW 205th which would accommodate a fire truck today, the third photograph is a 50 -foot dedicated right-of-way on 110th Place SW that is fully asphalted and paved; the double gate is not visible due to the overgrown shrubs. He stressed there are three existing locations that the developers of Woodway Highlands could utilize for fire access, therefore, the 20 -foot strip on the south is not needed. He pointed out this information has not been presented previously because the Council did not hear information provided at the public hearings that occurred in Woodway. He urged the City allow residents to provide public input. He said they have been struggling with flooding and drainage problems in this area for 20 years. He recommended the process be slowed to allow additional public input to allow the Council to make a reasonable decision. Roger Hertrich, 1020 Puget Drive, Edmonds, supported Ms. Verhey's comments regarding fences along Ocean Avenue as he felt fences were not appropriate along Sunset and Ocean Avenues. He did not support the City's participation in sending the fence to bid. Mike Eckelbarger, P.O. Box 1, Lynnwood, (the developer of the proposed Woodway Highland's project) said there has been a great deal of misunderstanding that the fire access is being slipped in at the last minute. He explained this plat has been the subject of hearings for the past five years and every potential access has been considered. He agreed with, Mr. Clarke's comments regarding other access points but said the packet included the Fire Department's recommendation regarding the best location for the fire access. He explained there is no fire access in that area as indicated by the Fire Department, therefore, the proposed central location is appropriate. He said they did not object when the residents of Woodway Meadows requested 237th be vacated although that had been considered for emergency access. He said when they developed Woodway Meadows, that access was put in to service the Chevron property. He said they have discussed the fire access with the Fire Department, Public Works, and Planning, noting part of the original approval included redoing the existing storm infiltration system that causes both neighborhoods so many problems. If they are not allowed to provide the fire access in this area, redoing the existing storm infiltration system will become the City's responsibility. He encouraged the Council to accept the deed and allow the interim use for emergency purposes. 4. INTRODUCTION OF NEW FIRE CHIEF THOMAS TOMBERG AND .ADMINISTRATION OF OATH OF OFFICE Mayor Fahey invited Chief Tomberg's wife, Jolene, to join her and expressed her appreciation for Mrs. Tomberg's support of Chief Tomberg's service to the City. Mayor Fahey described the process for choosing a Fire Chief, which included advertising nation wide. The original 17 applicants were culled to 6 by a technical team, a citizen panel with members knowledgeable of human resources, and two Fire Chiefs from other communities. The six applicants participated in a lengthy interview process and the applicants were reduced to three finalists. The Council had an opportunity to meet with the three file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\(_,_ -iN\Cm990907.doc Page 5 of 17 finalists and concurred Chief Tomberg was the best choice to serve the City. Mayor Fahey described Chief Tomberg's background/experience as a firefighter in Santa Barbara, California moving up through the ranks to Battalion Chief. In 1991, he moved to Lewiston, Idaho to be their Fire Chief. In Lewiston, Chief Tomberg updated the fire -based ambulance service to an advanced life support level providing emergency and non -emergency medical response to five cities, two counties and one fire district in Idaho and Washington. He was also instrumental in developing a hazardous materials program using a public/private partnership to serve a five county area. He served on the Idaho Fire Chief's Association Board of Directors from 1993 to 1997 and is a member of the International Association of Fire Chiefs. She described his participation in numerous community programs including the Chamber of Commerce, Rotary, Civic Theater, YWCA, RSVP Board, Council on At -Risk Youth Board, Elks, Scholarship Committee, Lewiston High School Boosters, Friends of the Library, and as a member of the Nez Pierce Historical Society. Prior to becoming a firefighter, he served as an officer in the US Army, completing a tour in Vietnam as a Commanding Officer of a Mobile Advisory Team. He recently graduated from. the University of Idaho with a M'aster's Degree in Public Administration. Ile has a Bachelor's Degree in Social Science and holds an Assistant Degree in. Fire Science from Santa. Barbara City College and has completed two national Fire Academy Executive Development programs. Mayor Fahey said Chief Tomberg also has more experience actively serving as a Fire Chief than any of the other applicants. Mayor Fahey invited Assistant Fire Chief Kevin Taylor, Fire Marshal John Westfall, numerous firefighters and Chief Tomberg's. children, Genevieve and Joseph to join them for the administration of oath. Mayor Fahey swore in Chief Tomberg as Fire Chief. Chief Tomberg said although he has been a Chief Officer since 1982, he has never been sworn in and will remember it always. He said it was an honor to begin his service as Fire Chief of the City of Edmonds and he looked forward with great anticipation to working with Mayor Fahey, the Council, the department directors, fire administration, the members of Local 1828, the fire foundation, reserves, and citizens of the community to providing the most cost effective fire and life services possible. Councilmembers each congratulated Chief Tomberg. 5. PRESENTATION OF EDMONDS COMMUNITY COLLEGE MULTIMEDIA PROJECT Councilmember Van Hollebeke commented during -the four years he has been on the Council, one of the great pleasures has been the spirit of cooperation with organizations and institutions in and around the area which this presentation exemplifies. Members of a class at Edmonds Community College, taught by Steve Meeks, decided on a public relations project to enhance the knowledge and recognition of Edmonds. During one quarter, they developed a CD for the City (who can make it available at the cost of reproduction) so that citizens, business owners, etc. can use it to educate others about the City. He read certificates of appreciation that would be presented to the members of the class who developed the multimedia project and CD for the City. Class member Gail Neal explained their summer quarter class made a decision to showcase downtown Edmonds in the CD. Class member Adrian Wara activated the CD program which includes music, voice over, and sounds. Ms. Neal described the program which includes different sections such as maps of Edmonds, photographs and descriptions of parks, dining, history, shopping, resources, the waterfront, the senior center, and entertainment. file:///C:/Windows/MuniMetriX/—IFL tem-P.html 1/20/2015 \\edmsvr-deptfs\CityClerk\CMT Cm990907.doc Page 6 of 17 Councilmember Van Holl'ebeke said the program could be updated at virtually no cost. He stressed the program was prepared at no cost to the City as it was done as a class project. As Councilmembers review the CD, he asked that they provide input regarding what they would like to have added. Councilmember Van Hollebeke thanked the members of the class who participated in the project. City Clerk Sandy Chase distributed a CD to each Councilmember Councilmember Earling thanked the class who prepared the program. He pointed out the potential of making the CD available to businesses in the City who may be interested in using the program as a presentation on the community. Councilmember Van Hollebeke said Mayor Fahey established an enterprise fund that could be used to duplicate the CD. Mayor Fahey said the City likely would find a number of valuable uses for the CD, particularly since it is expandable. The City has sought new technology to present the City's message. This is a wonderful extension of the City's web page and represents another way to bring Edmonds' message to many people. She expressed her appreciation to the class who prepared the program. 6. CONTINUED DISCUSSION ON ACCEPTANCE OF PROPERTY TAX DEED FROM SNOHOMISH COUNTY FOR PROPERTY LOCATED NEAR WOODWAY MEADOWS. AND DISCUSSION REGARDING THE PROPERTY'S APPROPRIATE USE City Engineer Jim Walker explained this parcel of land was thought to be part of the City's street right- of-way system that was transferred upon annexation of this area. It was later determined this was not part of Snohomish County's right-of-way but was under County ownership. The tract has existing uses for access by several property owners on the south side of Woodway Meadows and Forest Glen, it has existing utilities, and a portion already exists as a fire lane to serve Woodway Meadows. Staff recommends the Council allow the existing uses to continue within the right-of-way. Regarding whether this property could be vacated, once it becomes City property, it could be vacated; however, it is not typical of most rights-of-way received in the City which have clearly come from one plat and would be returned to that plat. Therefore, the Council would need to make a decision regarding how and where to dispose of the property in the event a decision was. made to vacate the property in the future. As there has been no interest expressed regarding extending a walkway in this area during the City's development of its walkway/bikeway plan, staff would not recommend a walkway be considered for this area. Mr. Walker explained this area was proposed as a fire access and the Fire Marshal determined it was a suitable location. As noted on the Fire Marshal's map, there is an area in Woodway Meadows that is not easily served in the event one of the roads is closed and would require fire apparatus to travel a considerable distance to access the area from the opposite direction. He said that was part of the reason the Fire Marshal was interested in obtaining another fire access into Woodway. He said there has been some interest in an opportunity for the public to speak on this issue and that still could be done. City Attorney Scott Snyder said staff has a two-part recommendation, first to accept the deed and second to put it into the City's normal process to determine how City -owned property should be used, maintained or whether it should be retained. The Council's acceptance of the deed basically returns the situation to where it was believed to be previously and had represented to the developer. Failing to accept the deed, although within the Council's legislative discretion, would expose the City to liability for delay damages and potentially negligent provision of planning information. As Mr. Walker -indicated, the City assumed this property transferred to the City upon annexation and all the City's file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\C,_ -.N\Cm990907.doc Page 7 of 17 recommendations have been based on that assumption. Once the City accepts the deed, the Council has nearly complete discretion regarding the ultimate use of the property. That typically begins with hearings before the Planning Board which would address a variety of issues including flooding via the Capital Improvement Plan, Olympic View Water and Sewer District's use of the property in the event the property is vacated, etc. Should a decision be made to vacate the property, the City could choose to retain utility and construction maintenance easements to ensure access for OVWSD, maintain sufficient ownership interest to ensure access for adjacent property owners, fire access if necessary, recreational uses if necessary and appropriate, as well as a variety of other uses. However, unless the Council accepts the deed, the process of determining how the property should be used cannot begin. He pointed out as the Council changes, what is considered appropriate fire access could change in the future based on other factors. Following input from the Fire Department and the public, the Council may determine there are more appropriate uses for this property. Councilmember Van Hollebeke asked what the process would be and when the public would have an opportunity to provide testimony if the Council accepted the deed and directed the City Attorney to prepare a resolution establishing the allowable uses for the tract. Mr. Snyder said when the Council accepts the deed it is not necessary to limit the uses. If the Council wishes to limit the uses, a series of public hearings should be held by the Council. He recommended the Council allow the Planning Board to review the issue, hold public hearings, and make a recommendation to the Council regarding Comprehensive Plan amendments. Councilmember Haakenson clarified Mr. Snyder was recommending the Council accept the property deed with interim emergency access and send the issue to the Planning Board for discussion regarding allowable uses. Mr. Snyder agreed that would confirm the status quo, the situation the City assumed existed for the past five years. Councilmember Plunkett asked if this issue would be quasi judicial once it reached the Planning Board. Mr. Snyder answered these would be legislative hearings, which allow more discretion than a quasi- judicial, hearing. He said the only issue that would limit the exercise of the Council's discretion is ensuring that the Council's legislative determination does not cut off access to any property and that provisions are made for utilities and emergency services. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER EARLING, TO TAKE THIS ITEM OFF THE TABLE. MOTION CARRIED. Fire Marshal John Wcstfall explained his role originally in the issue was as a regulator, reacting to the proposal Mr. Eckelbarger presented to him for emergency access for Woodway Highlands. He approved the access in conjunction with the development of Woodway Highlands. After further discussion, he felt the proposed location was the best place for the access. He apologized for any errors on the map he provided and explained his map was an attempt to illustrate where the fire stations are located to indicate where the response will be coming into Woodway and the Woodway Highlands development. He explained the black line on the map shows there is no east -west access through this area. The secondary emergency access currently exists halfway into Woodway Meadows; he suggested it be continued into Woodway as proposed by Mr. Eckelbarger. He stressed it is not the Fire Department's intent to disturb the neighborhoods of Forest Glen or Woodway Meadows or increase traffic, this would be only emergency access with traffic inhibitors such as a gate or posts that the Fire Department could utilize to better serve the residents in Woodway. He reiterated this is the best place for the Fire Department to have secondary access and he would like to see the access continue into Woodway. file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\CM'' 'Cm990907.doc Page 8 of 17 Mr. Snyder emphasized the Council is not being asked to make this decision now, that is a decision that was made by the Town of Woodway with the City's input. Mr. Eckelbarger has the vested right to build the development. Once the improvements are in place, how fire service is provided or how the City's roads are used is within the Council's discretion. The decision about the current development's configuration has already been made and the City already issued a right-of-way permit. Once the Council accepts the deed, Mr. Eckelbarger is free to complete the development. What ultimately happens with respect to the property regarding drainage, fire access, etc. is up to the Planning Board and the Council. Councilmember Haakenson asked if improvements were required to the emergency access road as a condition of the right-of-way permit. Fire Marshal Westfall answered the improvements would be to allow continuation from the point where Woodway Meadows' access ends into the Woodway Highlands development, therefore, load bearing ability would be required as well as clearance width for fire apparatus to utilize the access. Councilmember Haakenson asked if anything else would be done to the road from the cemetery to the end. Fire Marshal Westfall said he did not think so but reserved the right to evaluate it further. He said there is currently Fire Department access into Woodway Meadows and no improvements would be required. Councilmember Haakenson observed no trees would be removed and no widening of the asphalt would occur. Fire Marshal Westfall agreed. Councilmember Earling recalled Mr. Eckelbarger's offer under some circumstances to assist with improving the drainage, a situation citizens should want to take advantage of. Councilmember Earling asked if Mr. Eckelbarger could still do that if the Council took the recommended action. Mr. Snyder answered yes, Mayor Fahey as the City's property manager could direct the City Engineer to work with Mr. Eckelbarger to make temporary or permanent improvements to drainage. Mr. Snyder said ultimately this is something the City may wish to consider in its Comprehensive Plan, particularly if there are long standing drainage problems, to ensure the improvements do not make it worse. Until the City determines the ultimate use -of the property, he recommended significant resources not be put into improvements. Councilmember Haakenson asked for confirmation of whether there was an emergency access gate from the road into Woodway Meadows. Fire Marshal Westfall agreed there was. Councilmember Haakenson asked if it was correct that Mr. Eckelbarger would improve the road from the gate to the west. Fire Marshal Westfall agreed the improvements would be from where the road diverted into 106th Place. Councilmember Haakenson clarified from that point east nothing would be done. Fire Marshal Westfall agreed. Councilmember Plunkett asked if the Fire Department was agreeable to a fence with a "crash gate" at the property line where the Fire Department would enter Woodway Highlands. Fire Marshal Westfall said a traffic inhibitor such as a gate or bgllards (although they slow the Fire Department's response time) could be considered. Mr. Eckelbarger proposed two gates and it was suggested one of the gates be eliminated to a single gate. The location of that gate on the fire lane is not of importance for Fire Department purposes. file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\C._ N\Cm990907.doc Page 9 of 17 Councilmember Haakenson asked if it was necessary to indicate acceptance of the deed with interim emergency access. Mr. Snyder said it was not required and the Council is already on record regarding the use of the property. MOTION CARRIED. 7. AU'I HO I ATION TO CONTRACT WITH MACAULAY & ASSOCIATES TO PERFORM A PEER REVIEW OF THE APPRAISAL SUBMITTED BY THE DISTRI F 216TH STREET SOUTHWEST RIGHT-OF-WAY IMMEDIATELY EAST OF 84TH ,AVENUE WEST (Edmonds School District / File No. ST -99-25) Planning Supervisor Jeff Wilson explained when this issue was last discussed by the Council, staff was directed to look into a review of the appraisal that was prepared for the school district regarding the vacation of the Chase Lake right-of-way. Staff contacted Macaulay & Associates, a firm the City has used in the past for review of other appraisals. Macaulay & Associates indicated they could review the appraisal prepared for the property in one of two ways, the first method is a desk review which treats all the information in the appraisal as factual information, no new information is generated, and the review is to determine whether the methodology to determine the amounts in their appraisals was sound. The estimated cost of this review is approximately $1,000 and approximately 1-2 weeks. The second method is a full -field review, which includes site investigation and consideration of the properties used for comparables. If it is determined those properties were not appropriate comparables, they would consider the market to determine if other comparables should have been used. The estimated cost of the second option is slightly over $2,000 and 2-3 weeks to conduct the review. Staff recommends the desk review at a cost of $1,000. Councilmember Van Hollebeke asked if the desk review would allow Macaulay & Associates to communicate with Jack Dinniene regarding the methodology used to prepare the appraisal for the school district. Mr. Wilson assumed Macaulay & Associates would have the latitude to seek clarification from Mr. Dinniene as part of their review process in either method. Councilmember Van Hollebeke said one of the concerns he voiced previously was that the method the school district's appraiser used did not include any properties close to the Chase Lake School. His conversation with the school district indicated they do not want to "low ball" the City, they only want to establish a fair price. He said the desk review should allow the two parties to get together to resolve this without a lot of additional effort. Mr. Wilson said any necessary contact with the school district's appraiser to seek clarification could be included in the scope of work with Macaulay & Associates. He recalled one of the biggest issues was the lack of explanation of how the final figure was determined. Mr. Snyder explained the Council is bound in its decision-making process and quasi-judicial determinations to use the evidence in the record. In this situation, the City has expert testimony from an appraiser and the Council is in a difficult position to do anything other than accept the evidence that is presented unless it seeks additional information. As Councilmember Van Hollebeke observed, the comparables may not be appropriate and there appears to be a gap in logic between the $32,500 and $22,500 figures. Therefore, the Council is seeking further information to establish evidence in the record. file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\CM' 'Cm990907.doc Page 10 of 17 Councilmember Earling said there needs to be a clear understanding between Macaulay & Associates and the school district's appraiser regarding the methodology used. He wanted the report from Macaulay & Associates to clearly indicate the path that the appraiser took and how it differed or agreed with the school district's appraiser. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO AUTHORIZE THE MAYOR TO CONTRACT WITH MACAULAY & ASSOCIATES TO PERFORM A DESK REVIEW OF THE APPRAISAL SUBMITTED BY THE EDMONDS SCHOOL DISTRICT FOR THE VACATION OF A PORTION OF THE 216TH STREET SOUTHWEST RIGHT-OF- WAY IMMEDIATELY EAST OF 84TH AVENUE WEST; AND APPROPRIATION OF $1,000 FROM FUND 119. Mayor Fahey asked if a desk review would achieve what Councilmember Earling wanted if no new information would be -provided. Councilmember Earling asked that his comments be addressed by the desk review. MOTION CARRIED, COUNCILMEMBER WHITE IN OPPOSITION. Mayor Fahey declared a brief recess 8. AUTHORIZATION TO CALL FOR BIDS TO CONSTRUCT FENCES ALONG OCEAN AVENUE Mayor Fahey explained this item was originally scheduled to be on the Consent Agenda but she requested it be added as an agenda item so that the history as well as why Sunset Avenue is not included in the bid process could be explained. City Engineer Jim Walker explained Burlington Northern Santa Fe (BNSF) failed to begin work under their Shoreline Permit within the required period of time for the section of fence along Sunset Avenue. BNSF must now restart the Shoreline Permit process for the section of fence along Sunset Avenue. Because of the appeal on the Ocean Avenue section BNSF has additional time to do the section on Ocean Avenue. The City has been discussing how to assist them to allow the fence to be completed prior to the expiration of the Shoreline Permit rather than begin the process again. The City has not yet worked out the details of the agreement with BNSF and a meeting is scheduled to discuss the details. It is the City's intent for BNSF to pay for the cost of construction as well as. any staff time. He explained the City does not recover all the costs for planning fees and Shoreline Permits processes, and it is likely more staff time would be spent if the City does not assist BNSF with this process. Councilmember Nordquist asked if BNSF changed the height of the fence. Mr. Walker answered it is the same fence shown in the Shoreline Permit Application, a 2 -rail steel fence, 42 inches in height. The fence is intended to denote a barrier and not provide a large visual screen. This was acceptable to the Washington Utility and Transportation Commission. file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\L 1N\Cm990907.doc Page 11 of 17 Councilmember Haakenson observed the recommended action was to authorize staff to call for bids to construct fences along Ocean Avenue but the details have not yet been determined. Mr. Walker said BNSF believes WSDOT will pay some of the costs. If the fence can be constructed as originally planned without involving review by WSDOT, staff recommends moving forward. Councilmember Nordquist observed there was not yet an agreement regarding costs that BNSF would pay. Mr. Walker said there is an understanding the BNSF will pay all the City's costs including construction of the fence, all staff time, etc. Development Services Director Ray Miller explained the City has a written confirmation from BNSF agreeing to reimburse the City for all costs. The meeting on Thursday with BNSF, WSDOT, and the City is to ensure there is agreement before moving forward. The action before the Council is authorization to move forward with the RFP but staff wants to ensure all parties are in agreement before the RFP is "closed." He expected everything to work perfectly but the meeting would ensure that all parties are in agreement. Councilmember Haakenson asked who would own the fence when it was finished. Mr. Miller answered BNSF will own the fence and will maintain it. Councilmember Haakenson asked if BNSF's insurance would cover all liabilities during construction. Mr. Walker said typically the contractor would be required to carry liability insurance during construction. Councilmember Haakenson asked why BNSF couldn't do this themselves. Mr. Walker answered BNSF is not staffed locally and they felt it would be difficult to conduct the bid process from Texas. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER EARLING, TO AUTHORIZE STAFF TO CALL FOR BIDS TO CONSTRUCT FENCES ALONG OCEAN AVENUE, SUBJECT TO BRINGING BACK THE BID AND SPECIFICALLY SHOWING THAT BURLINGTON NORTHERN SANTA FE IS PAYING ALL THE COSTS. MOTION CARRIED, COUNCILMEMBER HAAKENSON IN OPPOSITION. Mayor Fahey explained historically this issue revolved around train speeds and the fact that in order to have the passenger trains stop in Edmonds, the City had to "not object" to higher train speeds. In order to accommodate the more rapid speeds, the Washington Utilities and Transportation Commission required these fences be installed. At that time, BNSF approached the City about facilitating the process. The appeals on the fences resulted in this project being delayed for a period of time. Unfortunately, the issues regarding the fences on Sunset were resolved prior to the issues regarding the fences on Ocean Avenue and that permit expired. Therefore, the permitting process for the fences along Sunset Avenue must be resubmitted before BNSF can call for bids for those fences. She stressed although signs will be posted for hearings regarding the fences along Sunset Avenue, the City is not proposing anything new, it is only to re-establish permits for those fences. - 9. DISCUSSION OF FUNDED AND UNFUNDED OVERLAY PROJECTS,. WALKWAYS ANIS BIKEWAYS City Engineer Jim Walker explained this issue arose as a result of discussion with the Finance Committee. The City has always had a desire and need to do more overlays than are being done. In the past, grants have been obtained for major streets and the overlay of some dead-end streets have been file:///C:/Windows/MuniMetrlx/—IFL -temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\CMI `\Cm990907.doc Page 12 of 17 deferred (a policy decision). The information before the Council was an attempt to identify streets, in $100,000 increments, that could be overlaid if additional funding is available. The list represents streets that have been bid or reviewed, the remainder are streets that have not been in the program previously and are a mix of dead-end and through streets. He said even if all the streets on the list were overlaid, there would still be some streets remaining that require total rebuild. Once a street deteriorates to a certain point, it is much more expensive to restore it. Mr. Walker explained most of next year's overlay funds would be used to do 76th Avenue (half of the funding available from a grant) and waterline overlays. In addition, in the recently annexed area near Woodway Elementary (formerly Snoline Elementary) there are no walkways and the principal and parents have expressed concern with safety in that area. Staff agrees this is a necessary project and plan to propose a walkway in that area in the budget. Improvements to a bikeway along the extension of Pioneer Way into Shell Valley will also likely be included. This could also serve as emergency access to that neighborhood. He stressed this was a preliminary list and some projects could be changed. It was intended to provide a rough idea of what projects could be done with the funding that was suggested. Councilmember Earling thanked Mr. Walker for preparing this information. He explained the Council is aware the lack of overlay on streets is an ongoing concern. The Finance Department indicated there may be an approximately $1.3 million cash carryover and the Finance Committee requested staff prepare a number of options for Council's consideration in assembling next year's budget. He said most of the $1.3 million cash carryover could be consumed with the overlay projects suggested by staff. He stressed this is not necessarily being proposed but certainly should be considered during the 2000 budget process. He noted if I-695 passes, there likely would be other priorities. For Councilmember Van Hollebeke, Mr. Walker explained the City is in the process of developing a walkway/bikeway plan. It would be staff's preference, if additional funding was available, to catch up on overlay projects, possibly resulting in more funding available for walkways/bikeways in the future. Councilmember Van Hollebeke asked how much is budgeted each year for overlay projects. Mr. Walker answered approximately $300,000 plus grant funding which can raise that amount to $500,000. Councilmember Van Hollebeke asked how much is typically budgeted for walkways and bikeways. Mr. Walker said in the past, only approximately $40,000 but this amount was increased in the TIP to $100,000 over the next six years. Councilmember Van Hollebeke asked if the $960,000 was expended on overlays, would this theoretically free up $300,000 in unneeded funding that could be applied to walkway/bikeway projects. Mr. Walker did not recommend cutting back on the overlay program. He explained the Hwy. 99 project was funded out of the overlay fund, a project that will not need to be funded after next year. Rockery projects have also been funded from the overlay fund. It is hoped by 2001 more funds can be designated for walkways, bikeways, and arterial improvements. Councilmember Van Hollebeke asked if the budget cycle that begins this fall would include a futuristic look incorporating bikeways and walkways, assuming the list of overlays was accomplished. Mr. Walker said the budget would likely be more than $100,000. He explained often the overlay projects are simpler and easier to put together than walkway projects that may require considerable work with the neighborhood. He was uncertain if there would be sufficient staff resources next year to do another walkway project. Councilmember Van Hollebeke commented that the walkway projects continue to be postponed because they are more difficult and challenging and suggested there be an energetic approach to incorporate walkways into the budget process rather than delaying them. He suggested this be presented to the Community Services/Development Services Committee as soon as possible so there was time to incorporate the concept into the 2000 budget. file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\C �N\Cm990907.doc Page 13 of 17 10. APPROVAL OF COMMUNITY SERVICES DIRECTOR POSITION Mayor Fahey explained this was discussed at the Augusi 17 Council meeting and referred to the Human Resources Committee who met on September 1. Human Resources Director Brent Hunter explained this issue was reviewed by the Human Resources Committee who discussed job titles, salary levels, job duties and recommended the job description remain as it was for the Community Services Director. They further recommended that the salary level be set at $65,000 to $80,000 per year. This closely corresponds to M-12 in the existing non -represented salary ordinance and no further changes would be required. He said his memo addresses the screening process to outline the time frames required. If the position is advertised immediately, interviews could be conducted in late October/early November and result in a start date of December 1. He said the cost is based upon a start date of December 1, $6,650 for the month of December. Approximately $19,000 remains in the budget after the previous employee received all final termination sick and vacation pay. Councilmember Van Hollebeke asked what the existing salary range was for the Community Services Director position and the previous recommendation regarding the salary range. Mr. Hunter recalled the current salary range for the Community Services Director position was approximately $72,000 minimum and $92,000 maximum. Councilmember Van Hollebeke recalled the salary range for an Administrative Assistant was approximately $5,000 more, or $77,000 to $97,000. Mr. Hunter agreed. Mayor Fahey said the Community Services Director position was established with all the components of the salary range of M-13. Over the past two years, that position has been significantly modified which the proposed job description reflects. At the time the position was an M-13, it had oversight of several managers, which have since been elevated to department directors. There was no reduction in salary when that action took place although the job description was rewritten and approved by the Council primarily because that position continued to have first -in-line authority for the administration of the City in the Mayor's absence as well as responsibilities delegated to that position by the Mayor as appropriate. Further, a person was serving in that position and there was no practical way to change the salary range without a demotion. At that time it was thought holding the salary at the M-13 level was a reasonable range if the Human Resources Study was followed and the position of an Assistant Administrator was implemented. Councilmember Nordquist explained the Human Resources Committee reviewed the Community Services Director position as well as the Assistant position. As there was some concern regarding moving forward with this, it was the consensus of the Human Resources Committee to recommend the Community Services Director job description taking into consideration that the description reflects the changes that were made to the original job description, the adjustment in the salary to $65,000 to $80,000 and the job description approved by the Council on September 19, 1998 for this job. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO APPROVE THE COMMUNITY SERVICES DIRECTOR POSITION FOR $65,000 - $80,000 PER YEAR USING THE 1998 COUNCIL APPROVED JOB DESCRIPTION. Councilmember Van Hollebeke said this appears to be a regressive move. The City has a study that recommended a course of action that the Council approved and has been implementing. He said the file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\CMT' Cm990907.doc Page 14 of 17 Community Services Director position, as it has been filled over the past several months, is a relatively hollow job with only one staff person working under that person. The intent of the Human Resources Study was to encompass a broader scope of work and to allow the Mayor to employ the services of this individual to assist the Mayor in what every way he/she chose. Councilmember Van Hollebeke said he did not care about the title of the job but cared about the type and quality of person that would be attracted at this salary range. If the Community Services Director position is to continue at the M-13 level ($72,000 - $92,000) the type of person who could be utilized as an Assistant could be attracted to provide continuity during changes in administration. He did not support the proposed motion. Councilmember Haakenson, a member of the Human Resources Committee along with Councilmembers l?lunkett and Nordquist, explained the recommendation from the Human Resources Conunittee was not unanimous as he felt the proposed job description was the wrong description. fie said although Mr. Mar did not have the title of Assistant to the Mayor, he was the assistant to the mayor and performed those duties. Councilmember Haakenson stressed an accurate job description should be used to fill this position. If the desire is to hire a person to replace what Mr. Mar did, this is not the correct job description. He did not support the proposed motion. After reading both job descriptions, Councilmember Nordquist said the position should not be filled until after January 1 so that the new mayor could determine how best to utilize the person in that position. The intent appears to be to hire a person and tell the new mayor to use him/her, an action he felt was not totally fair. He said it was the list of ten items that need to be pursued that prompted him to consider filling the Community Services Director position. He pointed out whomever is elected mayor may not want this position. Councilmember Plunkett was comfortable enough with the job description that this could be a person who serves as an assistant to the mayor. He said the next mayor should make that decision and make a recommendation to the Council. Councilmember White said the current job description redefines the position of the Community Services Director and is not what has been the Community Services Director's function for the past several years. It is actually the creation of a new position but with the same title at a significantly downgraded pay scale. He said the City likely will not attract a person that can be relied upon for continuity throughout administrations at that salary range and this job description. He said the key to this position is continuity between administrations to ensure the City does not change direction following every change in administration. He did not support the proposed motion. Councilmember Earling observed what he has heard described is a scenario in which the City would not follow through with the recommendation in the Human Resources Study, although the job description would not be changed, the intent is to hire an individual who does high quality work and acts as an assistant to the mayor but offer them less money. He observed it had been pointed out the new mayor could make a decision to eliminate the position. He said any candidate for the position would figure that out and withdraw their application. He did not care what the position was called but felt the commitment to the Human Resources Study should be followed through. He did not support the proposed motion. file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\L _�N\Cm990907.doc Page 15 of 17 Mayor Fahey explained the main reason she recommended moving forward with hiring the position as defined in the Human Resources Study, was for continuity in the near term as well as the long term. She explained the person elected mayor simply will not be able to competently oversee all directors and administrative issues immediately. There is a critical need for a person with experience in city government and an educational background in public administration as indicated in the new job description. She noted it is no longer appropriate to have an individual with only an engineering or planning background as defined in the previous Community Services Director job description. It was in the City and community's best interest to fill this position now to allow the individual to assist with the transition of a new mayor. She regretted the Council had difficulty understanding this concept. Mayor Fahey explained over the past six years, she has attended numerous workshops hosted by the Association of Washington Cities, National League of Cities and the Conference of Mayors and she felt she was reasonably knowledgeable about some components of city government. She said no one who has not been a mayor could be as knowledgeable as necessary when they assume office. She felt it was shortsighted to think it was serving the best interests of the City to put a mayor at a disadvantage by trying to make decisions without the expertise and knowledge that an individual that would fit the proposed job description could bring to this position. After hearing tonight's discussion, she felt it was better to wait to fill the position until the right job description and salary level could be determined. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER WHITE, TO ADVERTISE FOR THE COMMUNITY SERVICES DIRECTOR, INCORPORATING THE JOB DESCRIPTION THAT WAS PRESENTED AT THE PREVIOUS COUNCIL MEETING, AT A SALARY RANGE OF $72,000 TO $92,000. Councilmember Nordquist asked what that job description was. Councilmember Van Hollebeke answered it was the job description presented to the Council with the potential title of Administrative Assistant/Assistant to the Mayor. His intent was that it be the broader description that would result in an individual that could assist with administrative matters in the absence of the Mayor and have a salary that would attract that type of person. Councilmember Nordquist asked Mr. Hunter to clarify that job description. Mr. Hunter said the Human Resources Committee was provided the job description of Administrative Assistant to the Mayor and the Community Services Director as modified in September 1998. Councilmember Nordquist recalled Mr. Hunter had commented the Administrative Assistant job description had not been approved by the Council. Council President Miller said likely a small pool of applicants would apply for such a position based solely on the politics. He said the issue of continuity was not a concern to him because the City has excellent directors who will provide continuity for the new mayor. He questioned how a new employee who was hired December 1 could assist the mayor. His concern was with the major projects the Community Services Director has been overseeing and that was why he supported filling the position. MOTION FAILED (1-6), COUNCILMEMBER VAN HOLLEBEKE IN FAVOR, THE REMAINING COUNCILMEMBERS IN OPPOSITION. Councilmember Haakenson asked if an individual could be hired when the Council had not approved the file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\CMT' Cm990907.doc Page 16 of 17, job description. Mr. Hunter said that could be included as part of the motion. Mayor Fahey explained when she referred to continuity, she was not referring to political continuity. She expected the person hired would have the knowledge and a number of years of administrative experience to oversee issues the Community Services Director previously oversaw but are not being addressed in the short term. She said there are a number of large issues the City must be involved in and that was the continuity she was referring to. COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO TABLE THIS MATTER UNTIL THE THIRD MEETING IN NOVEMBER. MOTION CARRIED, COUNCILMEMBER WHITE IN OPPOSITION. 11. MAYOR'S REPORT Mayor Fahey said the signs designating the 6 -foot wide path on Olympic View Drive as a bicycle/pedestrian path have been removed because the path is actually not wide enough to qualify for that designation and has created numerous conflicts between bicyclers and pedestrians. Until ways can be found to bring the path up to appropriate standards to be used as a bicycle path, it is now only designated as a pedestrian walkway. 12. COUNCIL REPORTS Council President Miller referred to Human Resources Director Brent Hunter's memo regarding the salaries of the mayor and elected officials and the Human Resources Committee's suggestion that a Salary Review Panel be appointed to consider salaries and make recommendations. He requested Councilmembers review the materials and provide feedback by next week. Councilmember Van Hollebeke encouraged Councilmembers and the Mayor to review the CD developed by the Edmonds Community College multimedia class as soon as possible and make suggestions on how it could be promoted. Councilmember Earling thanked Mayor Fahey for the opportunity to join her at the Amtrak ribbon cutting ceremony this'week. He expressed his pleasure at having a second Amtrak train traveling north and south in addition to the existing train. He invited Councilmembers and Mayor Fahey to the ribbon cutting ceremony on September 19 at 11:30 for the unveiling of bus service for Sound Transit. Mayor Fahey announced the next Council meeting, Council Committee meetings, will be held on Monday, September 13 because of the September 14 primary election. She encouraged the public to vote on September 14. 13. EXECUTIVE SESSION REGARDING TWO LEGAL MATTERS At 9:35 p.m., Mayor Fahey recessed the Council to Executive Session for discussion of two legal file:///C:/Windows/MuniMetriX/—IFL temp.html 1/20/2015 \\edmsvr-deptfs\CityClerk\C 1N\Cm990907.doe Page 17 of 17 matters for approximately 45 minutes. She advised no action would be taken and the Council would adjourn immediately following the Executive Session.. Filename: \\edmsvr-deptfs\CityClerk\CMINMCm990907.doc Title: edmonmin Subject: Edmonds City Council minutes - Author: Jeannie Dines Operator: Sandy Chase file:H/C:/Windows/1\4uniMetriX/—IFL—temp.html 1/20/2015