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07/17/2001 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES July 17, 2001 Following a Special Meeting at 6:45 p.m. for an Executive Session regarding a legal matter, the Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5 b 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 1. APPROVAL OF AGENDA STAFF PRESENT Tom Tomberg, Fire Chief Kevin Taylor, Assistant Fire Chief Al Compaan, Assistant Police Chief Duane Bowman, Development Serv. Director Stephen Clifton, Community Services Director Noel Miller, Public Works Director Brent Hunter, Human Resources Director Jim Larson, Assistant Admin. Serv. Director Dave Gebert, City Engineer Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER MARIN, FOR APPROVAL OF THE AGENDA. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS Councilmember Marin requested Item F be removed from the Consent Agenda. COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, FOR APPROVAL OF THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: (A) ROLL CALL Approve 6/26/01 (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF JUNE 26, 2001 Minutes (C) APPROVAL OF CLAIM CHECKS #49032 THROUGH #49180 FOR THE WEEK OF DUNE 25, 2001, IN THE AMOUNT OF $232,654.09. APPROVAL OF CLAIM CHECKS [Approve ]aim #49181 THROUGH #49283 FOR THE WEEK OF JULY 2, 2001, IN THE AMOUNT OF hecks $227,093.50. APPROVAL OF CLAIM CHECKS #49284 THROUGH #49445 FOR THE WEEK OF JULY 9, 2001, IN THE AMOUNT OF $203,498.13. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #2313 THROUGH #2482 FOR THE PERIOD JUNE 16 THROUGH JUNE 30, 2001, IN THE AMOUNT OF $783,500.57. Edmonds City Council Approved Minutes July 17, 2001 Page 1 1 im for (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM YING HUNG, IP ages ($88.18) or FB.. rol (E) APPROVAL OF LIST OF BUSINESSES APPLYING FOR RENEWAL OF THEIR d LIQUOR LICENSES WITH THE WASHINGTON STATE LIQUOR CONTROL BOARD Pine Street raffic (G) QUARTERLY REPORT REGARDING EDMONDS CROSSING / PINE STREET IStudy TRAFFIC STUDY Street (H) REPORT ON BIDS OPENED DULY 9, 2001 FOR A REGENERATIVE AIR STREET Sweeper SWEEPER AND AWARD OF CONTRACT TO BEN-KO-MATIC BRUSH AND EQUIPMENT COMPANY ($132,878.53) Interlocal Agreement - (1) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL GOVERNMENT Training AGREEMENT BETWEEN THE CITY OF EVERETT AND SNOHOMISH COUNTY AND Reso #1005 THE CITIES LOCATED WITHIN SNOHOMISH, KING, AND SKAGIT COUNTIES FOR Use of IN-SERVICE TRAINING Property Near oodway (J) RESOLUTION NO. 1005 ESTABLISHING A PERMANENT USE CLASSIFICATION Meadows FOR CERTAIN PROPERTY LOCATED NEAR WOODWAY MEADOWS Market (K) UPDATE ON REGIONAL MARKET DEMAND AND FEASIBILITY STUDY Demand / Feasibility CONSULTANT CONTRACT Study (L) REPORT ON THE GENERAL FUND AND OTHER SELECTED FUNDS FINANCIAL eral POSITION FOR THE MONTH ENDED MAY 31, 2001 d Item F: Quarterly Report Regarding Grants Councilmember Marin explained he removed this item from the Consent Agenda to call attention to the Quarterly numerous grants City staff had applied for and received. The grants represented several departments, Report- totaling $9,516,871 with an average 20% City match. He recognized the Community Services Grants Department, Development Services Department, Engineering Department, Fire Department, and the Parks and Recreation Department for their outstanding work. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER PLUNKETT FOR APPROVAL OF ITEM F. MOTION CARRIED UNANIMOUSLY. The agenda item approved is as follows: (F) QUARTERLY REPORT REGARDING GRANTS Reso 41006 3. RESOLUTION NO. 1006 OF THE CITY COUNCIL OF THE CITY OF EDMONDS SUPPORTING Support. THE PASSAGE OF THE SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT Community AREA CORPORATION'S (COMMUNITY TRANSIT) MEASURE TO IMPOSE UP TO AN Transit Ballot ADDITIONAL THREE -TENTHS OF ONE PERCENT RETAIL SALES TAX IN ORDER TO Measure RETAIN AND RESTORE MUCH NEEDED PUBLIC TRANSIT SERVICE IN OUR JURISDICTION AS WELL AS THE REMAINDER OF THE PUBLIC TRANSPORTATION BENEFIT AREA Council President Earling explained the Community Transit Board of Directors recently passed a resolution seeking an increase in the sales tax from .06% to .09%. The State Legislature authorized the .03% increase with voter approval. This item will be on the primary election ballot in September 2001. He explained I-695, although later overturned by the courts but enforced by the Legislature via legislative Edmonds City Council Approved Minutes July 17, 2001 Page 2 changes, required that Community Transit to make severe reductions in their service due to the loss of Motor Vehicle Excise Tax (MVET). Community Transit reduced their service by 30% by eliminating all weekend service and a substantial amount of daytime service. In addition to allowing a .03% increase in the retail sales tax with voter approval, the Legislature included one-year funding that restored a portion of the shortfall caused by I-695. Those funds will expire in the fall of 2001; if this resolution is not passed, service levels will again be reduced. Council President Earling encouraged the Council to support this resolution in view of the transportation needs in the three county area. Mayor Haakenson opened the public participation portion of this item. Rob Morrison, 250 Beach Place, Edmonds, a member of the Snohomish County Citizens Advocating Transit and a strong supporter of Community Transit, commented this area was fortunate to have an excellent transit system. He explained the one-time funding provided by the Legislature partially offset the more than $18 million loss caused by I-695 but Community Transit needed and deserved a permanent funding source such as Proposition 1 (.03% increase in the retail sales tax) that voters will consider on September 18. He explained this represented $0.03 per $10, an average $2 - $3 cost that would add $17.3 million to restore Sunday service, maintain Saturday service and increase total weekday service 15%, eliminating the need for an additional 30,000 vehicles on the roadways between Snohomish County and Seattle each day. He noted Community Transit would be a major supporting arm of the Sounder commuter rail. He urged the Council and the public to vote in favor of Proposition 1. Ross Wood, 24223 Timber Lane, Woodway, former mayor of Woodway and past Chair of the Board of Directors for Community Transit, pointed out how important transit was to the community. He explained Community Transit needed to be funded properly to continue the superb service they provide Snohomish County, particularly the south county area. He urged the Council to support transit for three reasons, 1) Community Transit served those who needed it the most as many Community Transit riders are seniors, 2) Community Transit serves Edmonds-Woodway High School and Edmonds Community College, allowing students to commute without adding vehicles to the roadways, and 3) Community Transit has the third largest handicapped fleet in the nation. He urged the Council and public to support Proposition 1 to assist Community Transit in becoming fully funded and remaining a world -class transit company. Mayor Haakenson closed the public participation portion of this item and remanded the matter to the Council for action. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MARIN, FOR APPROVAL OF RESOLUTION NO. 1006. Councilmember Petso indicated she would abstain from this vote as she had abstained from similar votes such as the library issue. Taking a lesson for the Seattle City Council, she did not feel it was appropriate for the Council to take a position on issues that were not strictly the Council's responsibility. Further, she would have an opportunity to vote on this as a citizen when it was on the ballot. Councilmember Marin noted his participation on the Community Transit Board as an alternate has enabled him to become more acquainted with the issues of transit system needs in the region. Further, he has begun using Community Transit to attend meetings and has often wished connections and frequency within the system could be improved. This is an issue that is even more important for those who rely on the system. MOTION CARRIED, COUNCILMEMBER PETSO ABSTAINED. Edmonds City Council Approved Minutes July 17, 2001 Page 3 4. AUDIENCE COMMENTS There were no members of the public who wished to provide comment. k Rock 5. FIRST READING — PROPOSED ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, a le GRANTING A NON-EXCLUSIVE FRANCHISE TO BLACK ROCK CABLE, INC. TO OPERATE Franchise AND MAINTAIN AN OPEN VIDEO SYSTEM IN THE CITY OF EDMONDS, SETTING FORTH THE TERMS AND CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE Development Services Director Duane Bowman explained this item was reviewed by the Community Services/Development Services Committee at their June 12 meeting. The Committee recommended the ordinance be forwarded to the Council for the required two readings. He advised John Kehres, Black Rock Cable, was present to answer any questions regarding the proposed franchise agreement. City Attorney Scott Snyder explained the City was required to make its rights -of -way available for various forms of communication on a non-discriminatory basis. The Development Services/Community Services Committee has discussed when facilities should be required to be undergrounded as this issue has been the subject of a tariff dispute at the FCC level. This ordinance provides that facilities be undergrounded when all other facilities are undergrounded and above ground when all other facilities are above ground. He suggested the Council have a policy discussion in the future regarding the limits of Council's ability to require undergrounding and how the franchisee may be impacted by those requirements. He noted this was the only issue of controversy in this franchise agreement. Councilmember Marin noted this was not necessarily an issue of controversy but an issue to be considered. He advised Black Rock was interested in satisfying the needs of the School District and Internet customers and it would be a long time before the average customer would see any impact on their cable system. Councilmember Plunkett asked why the more formal first and second reading was required for this ordinance. Mr. Snyder explained State Statute required ordinances granting a franchise have two readings. Councilmember Orvis explained one of his initial concerns with the franchise was the use of poles; however, this proposal did not add any poles to the City and used existing poles. The committee also learned the cable was very thin and would be confined to the same area on the pole. He said this may result in competition with AT&T for better and faster Internet service and possibly competition for cable services in the future which would result in lower rates and improved service. Mayor Haakenson advised the second reading of the ordinance was scheduled for July 31. 6. REPORT ON CITY COUNCIL COMMITTEE MEETINGS Community Community Services/Development Services Committee Services/ Councilmember Marin reported a sewer pretreatment ordinance was discussed at the June committee Develop- meeting. Staff determined it would be appropriate to engage a consultant and hold public meetings with ent Services interested parties, primarily restaurants, to discuss the solution. Staff was directed to proceed with Committee holding public meetings and to contract with a consultant to assist with the public involvement and education element. The Committee also discussed the Growth Management Act (GMA) and land use densities and why lot sizes vary throughout the City. Council has determined in the past that the primary means to achieve GMA would be in residential areas. This issue will be considered during the Comprehensive Plan update. Edmonds City Council Approved Minutes July 17, 2001 Page 4 The Committee discussed the Walkable Communities Workshop and the ability to slow traffic speeds by reducing lane widths. In addition, an update on the Woodway Elementary & Seaview Walkway project was provided that indicated the need for additional public input. Staff also provided an update on the design project for Lift Station #1. This item will be presented to the full Council on July 24. Finance I Finance Committee ommittee I Councilmember Miller reported the Committee discussed LID 215 and 216. He explained these LIDS were processed in a different manner due to uncertainties regarding I-695 and staff based the cost of the LID on estimates rather than the actual construction costs. Both projects are now complete and the estimates were within approximately $50,000 - $55,000. Approximately $50,000 will be required to issue the LID bonds and staff recommends the remaining approximately $5,000 be returned to the City's LID Guaranty Fund. He noted the City may be required to make up any shortfall if the cost of issuing the LID bonds exceeds the funds available. The Finance Committee recommended this item be placed on a Council Consent Agenda. The Committee also discussed the status of a consultant contract for the development of a market demand and feasibility study related to the Edmonds Public Facilities District. Although the Council approved the Request for Proposals (RFP) for the contract, legal staff indicated the PFD had the authority to contract for the study and fund it via the money collected by the PFD. Community Services Director Stephen Clifton and Administrative Services Director Peggy Hetzler were asked to research options but the general consensus was that the PFD should contract for the study. Public Public Safety Committee Safety Councilmember Plunkett reported the Committee discussed an Intergovernmental agreement between the Committee City of Everett and Snohomish County and the cities located within Snohomish, King, and Skagit Counties for in-service training for the Police Department. This item was approved on the Council Consent Agenda. The Committee continued its review of the City's policy regarding the treatment and care of animals including licensing of dogs and cats in the City and altering animals prior to adoption. A public hearing will be held regarding this issue in the near future. 7. MAYOR'S COMMENTS Mayor Haakenson read a letter announcing City Clerk Sandy Chase's acceptance into the International Institute of Municipal Clerks (IIMC) Master Municipal Clerk Academy. The Master Municipal Clerk Academy encourages Municipal Clerks to continue their professional growth and development. The program honors and salutes continued high level achievement beyond the attainment of the prestigious Certified Municipal Clerk Award. The letter explained it was not easy to obtain entry to the Academy; candidates must complete graduate work at IIMC approved Municipal Clerks institutes or prove similar advanced educational attainment. Professional participation must also be demonstrated such as leadership in professional associations, committee work, conference attendance, and professional writings and achievements. The letter recognized the milestone Ms. Chase had reached in her career. Mayor Haakenson expressed his appreciation for Ms. Chase as a member of City staff. 8. COUNCIL COMMENTS Sunday Council President Earlin reported he introduced the first Sunda Concert in the Parks program on Jul Concerts in g p y p g }' e Park 15 and encouraged the public to attend future concerts, each Sunday at 3:00 p.m. in City Park. Tourof Treatment Council President Earling reminded the Council of the tour of the WestPoint and Renton wastewater Plants facilities on Saturday, July 21 from 8:15 a.m. to 2:30 p.m. Edmonds City Council Approved Minutes July 17, 2001 Page 5 ealth Councilmember Marin reported Edmonds resident, David Peterson, had been selected as the new Iict Director of the Communicable Disease Division at the Snohomish County Health District. Councilmember Marin requested the following comments be included in the minutes verbatim: t tWater ment In my study, I believe that modern wastewater treatment plants are an asset in the community and the environment. I'm intrigued at the possibility that BrightWater could co -exist with the Edmonds Crossing Project and contribute significantly to its development. Along with the Mayor and Council President Earling, I want to ensure that if it is developed here, it comes on our terms and satisfies our needs and concerns. King County has told us that the projects can co- exist and I look forward to seeing their drawings. Ultimately I may not like what I see and I may change my mind. For now, though, I think it is very important for us to keep an open mind on this subject. City Council and staff have agreed for over a decade on the benefits of developing the Edmonds Crossing Project and we're steadily moving forward to make it a reality. We are now faced with the opportunity that could accelerate the whole process. If BrightWater is built anything like our own treatment plant, we could have a winner. Consider the following, our plant is so attractive and unobtrusive most people don't even know it's there. We have extra capacity and actually make money from other cities. Odor is extremely rare. The water discharged from our system is much cleaner than required. Lift station one is so unobtrusive that I bet not more than two dozen people in the City could locate it, yet it's the second most important component in our whole system. Therefore I urge my colleagues and every citizen to withhold their judgment until we see and hear everything. I believe this could be a very good thing for Edmonds. BrightWater Mayor Haakenson advised a presentation would be made to the Council on July 31 regarding the Itment compatibility of the BrightWater Treatment Plant and the Edmonds Crossing Project. Public comment t will be accepted regarding this item. Growth Councilmember Plunkett asked whether the City was meeting GMA population targets. Development Management Services Director Duane Bowman answered yes; the City had sufficient inventory to support projects. Act The City was in the process of a buildable land inventory of undeveloped and underutilized land. The inventory would be compared with the population projections for next years' Comprehensive Plan update. Councilmember Plunkett asked whether the City was on target without rezones. Mr. Bowman answered yes. Councilmember Orvis commented there was confusion between capacity and population. Mr. Bowman explained this was the reason for analyzing existing numbers and the inventory to ensure the City could accommodate assigned growth. Councilmember Orvis commented the City was behind on population but was on target for capacity. rightWater Councilmember Miller commented although he was more skeptical than Councilmember Marin that the reatment BrightWater treatment facility was the highest and best use for that property, he shared the need to keep rant an open mind during the due diligence process. xecutive 9. EXECUTIVE SESSION REGARDING LABOR NEGOTIATIONS Session At 7:41 p.m., Mayor Haakenson recessed the Council to a 45 minute Executive Session regarding labor negotiations. The Council meeting was adjourned immediately following the Executive Session without further action. A 9 �R. , Z Lam.. RY KENSON, MAYOR '�SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes July 17, 2001 Page 6 AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5t" Avenue North 7:00 - 10:00 p.m. JULY 17, 2001 Special Meeting Time 6:45 p.m. - Executive Session Regarding a Legal Matter 7:00 p.m. - Call to Order Flag Salute 1. Approval of Agenda 2. Consent Agenda Items (A) Roll Call (B) Approval of City Council Meeting Minutes of June 26, 2001 (C) Approval of Claim Checks #49032 Through #49180 for the Week of June 25, 2001, in the Amount of $232,654.09. Approval of Claim Checks #49181 Through #49283 for the Week of July 2, 2001, in the Amount of $227,093.50. Approval of Claim Checks #49284 Through #49445 for the Week of July 9, 2001, in the Amount of $203,498.13. Approval of Payroll Direct Deposits and Checks #2313 Through #2482 for the Period June 16 Through June 30, 2001, in the Amount of $783,500.57. (D) Acknowledge Receipt of Claim for Damages from Ying Hung, IP ($88.18) (E) Approval of List of Businesses Applying for Renewal of Their Liquor Licenses with the Washington State Liquor Control Board (F) Quarterly Report Regarding Grants (G) Quarterly Report Regarding Edmonds Crossing / Pine Street Ferry Traffic Study (H) Report on Bids Opened July 9, 2001 for a Regenerative Air Street Sweeper and Award of Contract to Ben-Ko-Matic Brush and Equipment Company ($132,878.53) Page 1 of 2 I CITY COUNCIL MEETING AGENDA July 17, 2001 -Page 2 of (1) Authorization for Mayor to Sign Interlocal Government Agreement Between the City of Everett and Snohomish County and the Cities Located Within Snohomish, King, and Skagit Counties for In -Service Training (J) Proposed Resolution Establishing a Permanent Use Classification for Certain Property Located Near Woodway Meadows (K) Update on Regional Market Demand and Feasibility Study Consultant Contract (L) Report on the General Fund and Other Selected Funds Financial Position for the Month Ended May 31, 2001 3. (15 Min.) Proposed Resolution of the City Council of the City of Edmonds Supporting the Passage of the Snohomish County Public Transportation Benefit Area Corporation's (Community Transit) Measure to Impose Up to an Additional Three -tenths of One Percent Retail Sales Tax in Order to Retain and Restore Much Needed Public Transit Services in our Jurisdiction as well as the Remainder of the Public Transportation Benefit Area **Public Comment Will Be Received 4. Audience Comments (3 Minute Limit Per Person) 5. (5 Min.) First Reading - Proposed Ordinance of the City of Edmonds, Washington, Granting a Non-exclusive Franchise to Black Rock Cable, Inc. to Operate and Maintain an Open Video System in the City of Edmonds, Setting Forth the Terms and Conditions Accompanying the Grant of Franchise and Fixing a Time When the Same Shall Become Effective 6. (15 Min.) Report on City Council Committee Meetings 7. ( 5 Min.) Mayor's Comments 8. (15 Min.) Council Comments 9. (45 Min.) Executive Session Regarding Labor Negotiations Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at (425) 771-0245 with 24 hours advance notice for special accommodations. The Council Agenda as well as a delayed telecast of the meeting appears on AT&T Cable, Channel 21.