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11/05/2001 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES November 5, 2001 Following a Special Meeting at 6:50 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 Pro Tem Earling in the Council Chambers, 250 5 h Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Pro Tem Michael Plunkett, Council President Pro Tem Dave Orvis, Councilmember Richard Marin, Councilmember Lora Petso, Councilmember (arrived 7:19 p.m.) ELECTED OFFICIALS ABSENT Gary Haakenson, Mayor Thomas A. Miller, Councilmember STAFF PRESENT David Stern, Chief of Police Duane Bowman, Development Serv. Director Stephen Clifton, Community Services Director Peggy Hetzler, Administrative Services Director Brent Hunter, Human Resources Director Arvilla Ohlde, Parks and Recreation Director Rob Chave, Planning Manager Dave Gebert, City Engineer Darrell Smith, Traffic Engineer Don Fiene, Assistant City Engineer Frances Chapin, Cultural Program Coordinator Rich Lindsay, Park Maintenance Manager Kris Gillespie, Arts Commission Clerk Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. 1. APPROVAL OF AGENDA hange to COUNCIL PRESIDENT PRO TEM PLUNKETT MOVED, SECONDED BY COUNCILMEMBER Benda MARIN, TO MOVE AGENDA ITEM NO. 11 UP ON THE AGENDA, IMMEDIATELY FOLLOWING THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. (Councilmember Petso was not present for the vote.) 2. CONSENT AGENDA ITEMS Mayor Pro Tem Earling pulled Item H from the Consent Agenda. COUNCIL PRESIDENT PRO TEM PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. (Councilmember Petso was not present for the vote.) The agenda items approved are as follows: pprove (A) ROLL CALL 7/01 utes (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2001 rove (C) APPROVAL OF CITY COUNCIL MEETING MINUTES OF OCTOBER 30, 2001 0/O1 utes Edmonds City Council Approved Minutes November 5, 2001 Page 1 pprove laim (D) APPROVAL OF CLAIM CHECKS #51646 THROUGH #51756 FOR THE WEEK OF hecks OCTOBER 29, 2001, IN THE AMOUNT OF $285,791.59 200 Dayton Public Works (E) REPORT ON BIDS OPENED OCTOBER 23> > 2001 FOR THE 200 DAYTON STREET Building PUBLIC WORKS BUILDING ROOF REPLACEMENT AND AWARD OF CONTRACT Roof TO AMER-X ROOFING, INC. ($94,699.20, Including Sales Tax) MA Buildable (F) AUTHORIZATION FOR THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT Lands Grant WITH SNOHOMISH COUNTY TO ACCEPT A $9,300 GROWTH MANAGEMENT ACT (GMA)BUILDABLE LANDS GRANT FROM THE STATE OF WASHINGTON FOR es# 1012 2001-2002 Declare Portions of (G) RESOLUTION NO. 1012 DECLARING THE REMAINING PORTIONS OF A CARVED Carved Pole POLE TO BE CONDITIONALLY SURPLUS TO THE NEEDS OF THE CITY, CALLING Surplus FOR BIDS AND/OR PROPOSALS AND ESTABLISHING A PUBLIC PROCESS FOR CONSIDERATION OF SUCH BIDS Military Item H: Proposed Ordinance Amending the Provisions of Chanter 2.35 Relating to Vacation and Sick Leave ave to Add a New Section 2.35.025, Military Leave, Amending the Provisions of Section 2.35.045, Shared Leave, Subsections H and B, to Provide for the Use by Persons Involuntarily Called to Military Service, Providing for when the Policies herein Adopted Shall Be Effective with Respect to Bargaining Unit Employees, and Fixing a Time When the Same Shall Become Effective Mayor Pro Tem Earling explained several veterans requested more details regarding the medical benefits, particularly for spouse and families of employees called to active military duty. Human Resources Director Brent Hunter displayed a chart comparing the City's benefits to the military benefits. In the City's Base Plus Plan, the basic services — hospitalization, doctor visits, etc. — are paid at 100%. The deductible is very low and is only invoked when services are outside the base plan. There are three plans available in the military's Tri-Care Plans. The best plan is the Prime Plan and is the one most active military people participate in because services are paid at 100%. This is an HMO plan where participants usually see a military physician. The only negative part of this plan for reservists is the $460 enrollment fee. A reservist called to active duty for a short period of time often would not join this plan to avoid the $460 enrollment fee. Further, military people cannot get into the Prime Plan until after 179 days of active duty. Most reservists join the Standard Plan which is a basic major medical plan - $150- 300 deductible with an 80/20 co -payment after satisfying the annual deductible. He noted any charges that exceeded the amount Tri-Care authorized were also the responsibility of the reservist. Councilmember Marin expressed concern with a clause in the ordinance that appeared to make a distinction between a volunteer and being called to active duty. He explained by joining the Reserves, a reservist placed him/herself in a volunteer status. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM PLUNKETT, TO APPROVE ITEM H. MOTION CARRIED UNANIMOUSLY. (Councilmember Petso was not present for the vote.) The item approved is as follows: rd# 3373 Amend ECC (H) ORDINANCE NO. 3373 AMENDING THE PROVISIONS OF CHAPTER 2.35 RELATING 35-Add TO VACATION AND SICK LEAVE TO ADD A NEW SECTION 2.35.025 MILITARY Military LEAVE AMENDING THE PROVISIONS OF SECTION 2.35.045 SHARED LEAVE, Leave; SUBSECTIONS H AND B, TO PROVIDE FOR THE USE BY PERSONS Amend INVOLUNTARILY CALLED TO MILITARY SERVICE• Shared; PROVIDING FOR WHEN THE Leave POLICIES HEREIN ADOPTED SHALL BE EFFECTIVE WITH RESPECT TO BARGAINING UNIT EMPLOYEES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. . Edmonds City Council Approved Minutes November 5, 2001 Page 2 ntial lic 11. WORK SESSION ON ESSENTIAL PUBLIC FACILITIES COMMON SITING PROCESS ilities mon Planning Manager Rob Chave explained this item was part of a series of items related to Comprehensive roce s Plan amendments for 2001. He explained the Essential Public Facilities Common Siting Process was a process mandated by the Growth Management Act (GMA). Further, the City entered into an Interlocal Agreement with Snohomish County (as did most jurisdictions within Snohomish County) agreeing to adopt a Common Siting Process for Essential Public Facilities. He explained essential public facilities were those that were difficult to site but were of regional importance such as a sewage treatment facility, transportation facilities, etc. The overall purpose of the program was to assist local governments/sponsors in siting such facilities and to act potentially as an intermediary or method of obtaining arbitration on a facility proposed for a local jurisdiction that does not desire to accept it. Mr. Chave explained this did not abrogate the local jurisdiction's ability to assert its land use controls. For example, if a facility went through the Common Siting Process, it potentially could lead to additional conditions or review but would not change the ability for the local jurisdiction to review and approve/deny/condition permits within the local jurisdiction's ability. The Common Siting Process provides a process for ensuring local jurisdictions cannot forcibly disallow regional facilities when they are required. He explained this was an informational item to provide Council an opportunity to ask questions and direct staff to provide additional information if necessary. A public hearing regarding this and other Comprehensive Plan amendments was scheduled for December 4. unicipal 3. ANNUAL REPORT FROM MUNICIPAL COURT JUDGE JAMES WHITE ourt Judge nual ort Municipal Court Judge James White explained his report would focus on new procedures that have been initiated in the Municipal Court including deferred traffic infractions. He explained when a traffic ticket was written, the person came to court and it was determined he/she had committed the infraction, the City retained approximately 46% of the funds collected for the infraction. Via the deferral program, people are given an option of keeping an infraction off their record (authorized by law once every seven years); in exchange, they pay an administrative fee of $100 of which the City retains 100%. He noted this option was available only under certain circumstances depending on the amount over the legal speed limit, etc. and was not allowed in a school zone or parking infractions in a handicapped zone. He said this allowed the City to retain more of the revenue generated by the infraction and allowed people to keep the infraction off their record. Another new procedure that has been initiated is a Readiness Hearing Calendar. Judge White explained this procedure eliminates an entire court day from the docket and likewise the expenditures of the court being in session an additional day. He noted the Council materials contained a more detailed description of the purpose of the Readiness Hearing and how it differed from the previous procedure. Another item that has been initiated, is a Write -In Mitigation Hearing. When a traffic infraction is issued, the officer provides a card to the person cited that describes their options, 1) pay the ticket, 2) write an explanation of circumstances to mitigate the penalty, and 3) request a contested hearing to fight the ticket. The card provides space for the person to select their option and more importantly, the hour they choose to discuss/fight the ticket. He explained 95% of the people issued tickets elect to write in an explanation or come to a night hearing, options that were not previously available. He said this indicated 95% of the people were being better served than they were previously. He explained this also eliminated an additional court day. The philosophy of initiating these options was that people would pay for a ticket that ranged from $71 - $100; they would prefer not to miss a day of work to fight the ticket, thus were begrudgingly paying the ticket. Not to provide adequate opportunity for them to voice their objection Edmonds City Council Approved Minutes November 5, 2001 Page 3 before the court was unfair. He noted people no longer have to miss a day of work and can come to court at night. He noted the mitigation calendar (explanation of circumstances), held every other Thursday handles 80-100 infractions. The contested hearing calendar handles 40-60 infractions each night. As a result, the day calendar where these were all handled previously, handles approximately 5% of the total offenders. Judge White explained a new policy was initiated regarding accommodations for public record requests of which the court receives approximately 30 requests per year. He described grant proposals the court is pursuing, and explained the court initiated a monthly search of all possible grants to fund court operations. The court is currently seeking a portion of $21.7 million that Congress allocated for grants for municipal courts. Judge White explained the court was also working closely with the jails and Police Department to create a video link from the jail to the courtroom to eliminate the need to bring prisoners in custody to the court (requiring two police officers). Judge White noted the materials provided to the Council described statistics associated with the court. He highlighted the 30% lower instance of DUI in Edmonds, noting because this was the highest fined crime that occurred in the City, lower instance translated into less revenue. Mayor Pro Tern Earling expressed his appreciation to Judge White for his efforts to make the court process more user friendly. Public 4. ANNUAL REPORT FROM PUBLIC DEFENDER JAMES FELDMAN Defender Annual Public Defender James Feldman explained he continues to work with the City and court representing Report P t3' P g defendants. He noted he was not requesting an increase this year as there had been an increase in the number of cases that compensated for any extra time or cost -of -living adjustment. He requested his contract with the City be renewed. Council President Pro Tern Plunkett asked whether the types of crimes have changed over time. Mr. Feldman answered the City more aggressively pursues domestic violence cases than they did in 1985 or 1986 but the City basically remains a bedroom community without a lot of retail activity so the primary offenses are driving and domestic violence charges. He said Driving With a License Suspended represented approximately 30-40% of their caseload. The number of DUIs has slowed, but domestic violence remains fairly consistent at 30%. Baring 5. ANNUAL REPORT FROM HEARING EXAMINER RONALD McCONNELL Examiner Annual Report Hearing Examiner Ron McConnell advised there had been approximately six fewer cases compared to the previous year but a different mix of cases. He noted prior to Regulatory Reform, there could be three separate hearings on one application. Now these are all combined, resulting in more combined cases. He noted because there were different appeal processes, one hearing may result in 2-3 separate reports. In the past few months there have been SEPA appeals with regard to view blockage or appeals of staff determinations with regard to height in the bowl area. He noted as redevelopment occurs in the bowl area, such appeals will likely increase. He advised there were no changes proposed to his contract. Council President Pro Tern Plunkett recalled each year Mr. McConnell has reported he was hearing fewer and fewer cases and asked why this occurred. Mr. McConnell responded one of the reasons was the current recession. However, two years ago he heard the most cases ever. He noted all jurisdictions appeared to be slowing somewhat. Although the number of cases has slowed, there has been a higher number of appeals than in previous years. Edmonds City Council Approved Minutes November 5, 2001 Page 4 Council President Pro Tem Plunkett asked why there had been so many appeals. Mr. McConnell responded people are sensitive about view protection in the bowl area. Mayor Pro Tem Earling summarized that although the number of cases may be less, having to write more opinions on each case and because of appeals, the workload has not lessened a great deal. Mr. McConnell commented it had slowed slightly, one of the reasons he did not request any change in his contract. Croy 6. ANNUAL REPORT FROM CITY ATTORNEY SCOTT SNYDER Attorney Annual Report City Attorney Scott Snyder explained part of his responsibility was to ensure the legal services provided to the City were in sync with the philosophy of the elected officials. The past couple years have been interesting as there tends to be a rhythm, particularly to code enforcement, and for a number of years staff, reflecting mayoral philosophy, attempted to mediate disputes. Edmonds, unlike Redmond or Bellevue, does not have large-scale development but has primarily infill development and neighborhood disputes. This has been a year where a number of long-standing code enforcement issues have come to a head. He recalled one long-standing problem was eventually resolved with the payment of a $30,000 fine, one of the highest the City has collected. Unfortunately, staff is still pursuing an end to that situation. Similarly, the City sought judicial help with a 10-year old subdivision. Mr. Snyder explained the City must use staff talents to mediate neighborhood disputes whenever possible as lawsuits do not solve neighborhood problems because the people still live near one another. He noted every community had those who thrived on controversy and occasionally a judicial remedy or code enforcement action was necessary. Mr. Snyder explained the City's code which was last re -codified in 1980, has been amended via solutions to individual problems and after 20 years, the City needs to take a comprehensive look to ensure the wording of the Zoning Code reflects the realities of the current situation, post GMA, post Regulatory Reform, etc. He noted the non -conforming use provisions and variance provisions were very strict and represented very precise tools that were intended to bring individual lots/neighborhoods into compliance with certain norms. He suggested the City examine whether those tools still meet the City's policy goals. He noted any policy changes would require input from the Planning Board and the City Council. Mr. Snyder described an example of how existing laws can prevent common-sense solutions; a citizen built two houses on a single tract of land, which was legal at the time but never subdivided the land. This is now a non -conforming duplex. Under the City's non -conforming lot provisions, if there was a house on one and the other lot had been created but not built upon, it would only need to be 60% of its current size. In this situation, the owner cannot subdivide the lots with the existing structures but if one structure did not exist, she could subdivide. He questioned whether this was the intent. He summarized there were a number of small inconsistencies in the code that needed to be addressed. Mr. Snyder advised he was not seeking an increase this year. Council President Pro Tem Plunkett referred to issues in Mr. Snyder's report including procedural provisions of the code and asked whether the procedures associated with the design guidelines was the work necessary to meet Mr. Snyder's suggestion to clean up the procedural provisions. Mr. Snyder answered the Architectural Design Board and Planning Board's efforts were one aspect of this; the policy issues at work in that discussion are those that need to be applied across the board in a number of appeal processes. He noted one of his goals with regard to procedural provisions was to simplify them. The policy of the ADB/Planning Board discussions that were occurring were common — the trend in the law, Edmonds City Council Approved Minutes November 5, 2001 Page 5 particularly in design guidelines and some zoning requirements was to require communities to develop clear, written criteria and guidelines and pictures where possible to provide specific guidance in what could be nebulous situations. He noted the policy decision came in when determining whether a certain board should create the specific policy guidance or the quasi-judicial process and deciding appeals. Council President Pro Tem Plunkett commented if the Council established a permanent Historical Preservation Board, it would be involved with non -conforming issues. He asked whether Mr. Snyder's concerns with non-conformance and variances could be addressed by a Historical Preservation Board. Mr. Snyder answered yes, noting changes to procedures should be preceded by determining what purpose the City wanted to accomplish. Councilmember Petso referred to Mr. Snyder's reference to revisions to the appeal process and making it more consistent for all appeals. She asked how that correlated with the Planned Residential Development (PRD) ordinance which contained its own appeal process. Mr. Snyder answered in certain instances (e.g. the ADB), their function would be different enough there may need to be additional nuances. His goal was that all appeal procedures would be simplified, more straightforward but fundamentally the same. Arts 7. ANNUAL REPORT BY THE ARTS COMMISSION Commission Annual Leigh -Ann Hafford, Chair of the Arts Commission, explained the year 2000 marked 25 years since Report the inception of the Edmonds Commission. In 1975, the City established a Municipal Arts Commission to provide local cultural and artistic services and established a 1% for Art ordinance to fund public art. She highlighted major milestones of the Arts Commission over the past 25 years including numerous public art installations that have occurred through 1 % for Art and via private donations. She noted the Arts Commission's scope expanded over the years, assuming responsibility in the early 1990's for Summer Concerts in the Park, Winter Performing Arts Series, and Family Concert Series. The Commission expanded exhibition spaces for regional artists and increased activities for children and youth. In 1985, a scholarship program for youth in performing and literary arts was created, the "Best Book I Ever Read" poster contest for third graders was held in 1997, and a youth writing contest was developed in 1998. Ms. Hafford noted many of the Arts Commission programs for 2000 are already well established including the annual Write on the Sound Writers Conference which celebrated its 15`h year in 2000. The sculpture by Steven Jensen entitled "Crane" was selected to be sited in Hekinan, Japan, thus extending Edmonds' visibility across the Pacific Ocean. The Commission promoted the visibility of art in Edmonds with a display of works by over 30 regional artists and 25 local youth in four exhibit spaces. The Arts Commission featured a winter performing arts series, seven concerts in the park and four free family concerts which were partially funded by local Rotary Clubs. Students received hand -on experience with artists via a workshop held in conjunction with the winter performing arts concerts and the Artist in Residence Program supported in partnership with the Edmonds School District. A total of $3,000 was awarded to Edmonds students in scholarships for education in the performing and literary arts. Ms. Hafford summarized these programs enhanced the visual, performing and literary art experience for Edmonds youth. Ms. Hafford explained local arts organizations also benefit through promotional grants totaling $6,000 from the granting of lodging tax funds allocated by the Council to the Arts Commission. The grants contribute to the promotion of Edmonds as an arts community and cultural designation for tourism. Lodging tax funds were also used to create the 2000 Edmonds Arts Commission limited edition fine art poster that promotes Edmonds on Puget Sound. The Arts Commission gives grants as well as applies for Edmonds City Council Approved Minutes November 5, 2001 Page 6 1 grants. In 2000, the Arts Commission received a $4,500 grant from the Washington State Arts Commission to help support their programs. Ms. Hafford explained the success of the Arts Commission's activities is enhanced through community involvement, sponsorship, and partnerships. Partnerships and collaborations that have contributed to the support and promotion of arts and cultural tourism were with organizations including the Edmonds Art Festival Foundation, the Edmonds Art Festival, Edmonds Community College, Edmonds School District, the Sister City Commission, the Economic Alliance, Friends of the Library, the Edmonds Museum and the cities of Lynnwood and Mountlake Terrace. In 2000, the Edmonds Arts Commission reached over 1,000 households through its quarterly newsletter that highlights and promotes arts and encourages ongoing community involvement. Ms. Hafford summarized for over 25 years, the Edmonds Arts Commission has been dedicated to the arts, an integral part of community life. She said the Arts Commission was proud of their accomplishments and the arts presence in the City. Ms. Hafford introduced Arts Commissioners in the audience, Julie Toothaker, Kathy Archer, Nancy Wood, Erin Marsh, and Joyeanna Chaudiere. She noted Commissioner Edwina Baxter was unable to attend tonight. Mayor Pro Tern Earling advised the Edmonds Arts Commission brochure was available at City Hall and Frances Anderson Center, etc. He expressed his appreciation for the list provided in the brochure of Commissioners who have served during its 25-year history. 8. AUDIENCE COMMENTS s Al Rutledge, 7101 Lake Ballinger Way, Edmonds, reported he attended a parks convention on October vention 25 that was attended by 487 people representing 187 Parks & Recreation Departments throughout the state. He commented to his knowledge there was not a representative from Edmonds at the convention. He reported on the efforts of the Friends of Athletic Fields to obtain funds for fields. Roger Hertrich, 1020 Puget Drive, Edmonds, appealed to the Council and Mayor to hold the line on Budget the budget. He commented the cities of Seattle and Everett and the State were discussing no increases, service reductions, no tax increases and no consultants — basically holding the line or reducing costs. He commented with Medic 7, the cost of five cities was being assumed by two cities with the same number of employees and increasing the per capita expense of the system. He recommended this be reviewed. He noted the shifting of the library cost, $150 per household, was actually a tax increase for residents, therefore, rather than a 3% increase in property taxes, he suggested the $150 be considered the increase. He referred to the $900,000 budgeted for legal fees. He recommended the City hold the line, reduce costs and possibly cut services to avoid a serious problem in the near future. He next alerted the public to a public hearing before the Planning Board on November 14 where mixed -use would be considered. Building eights He explained the mixed -use proposal made by staff to the Planning Board was to increase building heights from 25 feet to 50 — 80 feet. He encouraged the public to attend the hearing and testify about increased building heights. 9. WORK SESSION ON DRAFT 2001 COMPREHENSIVE PARK, RECREATION AND OPEN SPACE PLAN emetery ter Plan A. Element No. 1: Cemetery Master Plan Parks and Recreation Director Arvilla Ohlde explained the Edmonds Parks and Recreation and Cultural Services Department was responsible for a variety of responsibilities ranging from youth programs in Edmonds City Council Approved Minutes November 5, 2001 Page 7 recreation, to the cemetery, to liaison to the Library Board and the Arts Commission, cultural programming, parks and park capital. Over the past year, the Department spent time working on the Comprehensive Park, Recreation and Open Space Plan and through that process added three elements, the Youth Assessment, the Cemetery Master Plan, and the Community Cultural Plan update. Ms. Ohlde introduced two members of the Cemetery Board who were present, Esther Sellers and Dorothy Williamson. Ms. Ohlde explained the benefits of comprehensive planning including providing the anchor for the City's ability to secure matching grant funds to leverage local dollars and to address the community need. She explained the Plan also considers the existing status and cost impacts. She explained the Plan was a chart for the course the community to take in providing services. The Plan also provides strategic financing for capital expenditures. She recalled the Council had a presentation regarding the Youth Assessment in August 2001 which would be reviewed by the Council again at the December 4 public hearing regarding Comprehensive Plan amendments. She referred to a flyer in the Council packet that described the goals of the Youth Assessment. Ms. Ohlde provided a history of the cemetery, which has been in existence for nearly 100 years. In the 1980's the cemetery was purchased by businessman Larry Hubbard who donated it to the City and the Council formed the Edmonds Memorial Cemetery Board. Under the Council's authorization, the Cemetery Board manages the daily operations (via an enterprise fund) and provides services and long range planning for the cemetery. She recalled the cemetery was deteriorating at the time it was purchased and the Cemetery Board worked diligently to reach the current level. She explained the Cemetery Board's efforts to consider future burial needs at the cemetery, recognizing that society's needs have changed and the demand for ash burials has increased. She recalled the Council approved the Cemetery Board's request approximately two years ago to begin a lot reclamation process (reclaiming vacant lots that have had no contact for nearly 50 years). To determine the future of the cemetery, Ms. Ohlde explained the Cemetery Board began a Master Planning process over the past year including a presentation before the Planning/Park Board and a public hearing on May 23, 2001. A recommendation for adoption of the Master Plan was forwarded to the City Council from the Planning Board. Cliff Willwerth, WCA Northwest, Inc., explained WCA Northwest does several different types of landscape architecture; one of their primary focuses in the past ten years has been cemetery planning and design. He explained the cemetery currently consisted of grave lots with a minor number of cremation memorials available. The Master Plan expands the northeast corner of the site for cremation memorials as well as a public gathering area. He explained the Master Plan would reclaim a severely sloping portion of the site, creating new retaining walls along the boundaries and providing a foreground gathering space. Other improvements to the cemetery include widening the driveway to a 2-lane road at the Main entrance on 151h Street SW with a turn around. He identified areas where pullouts would be provided to allow passing without driving on the turf areas. In the southwest portion of the site, currently the least desirable area, a woodland garden/cremation memorial feature is proposed to make this a more viable sales area. He noted consideration is being given to screening from the new Taco Bell under construction on SR104. Mr. Willwerth explained another proposed improvement was revised lighting. He explained the lighting was currently a standard cobra head on a standard wooden utility pole. A more traditional style luminary, similar to those used downtown, was proposed to bring a more pedestrian feel to the cemetery. Edmonds City Council Approved Minutes November 5, 2001 Page 8 The Master Plan also includes revisions to the landscaping on the southern boundary to create a denser screen and to enhance the site with flowering trees and other landscape pockets. Mayor Pro Tem Earling inquired whether any of the improvements would require the relocation of burial sites. Mr. Willwerth answered there would not be any relocations; the Master Plan includes reclamation of burial sites. Councilmember Petso asked whether the City's Traffic Engineer had been consulted regarding the road plan. She commented the 9tn Street entrance/exit required drivers to nearly enter traffic in order to see other vehicles on the roadway. Mr. Willwerth said they recommended the 9th Street entrance be used only as an exit during memorial services when traffic control was provided on 9t1i. Councilmember Petso referred to the comments at the Planning Board public hearing regarding the use of the property by unsupervised teens and asked whether this had been resolved with the Police Department. Ms. Ohlde responded much of that behavior diminished with the relocation of the Edmonds-Woodway High School but the Cemetery Board continues to monitor it. Councilmember Petso inquired about the funding for the projects in the Master Plan. Ms. Ohlde commended the Cemetery Board for their cost effectiveness on all their endeavors, explaining the Cemetery Board has been adding capital funds to their reserve each year. Their 2002 budget will have a total of $350,000 in Fund 130 to fund one phase of the columbarium. The next phases will be accomplished with revenue from the first phase. B. Element No. 2: Cultural Arts Update al Arts ate Cultural Program Coordinator Frances Chapin introduced Kris Gillespie, Arts Commission Clerk. Ms. ur. Chapin presented the Community Cultural Plan update, explaining this was a result of the community's commitment to sustaining and enhancing the livability, the economic growth, and the community connectivity and vitality of Edmonds. She explained the Community Cultural Plan was developed in 1994 via a collaborative effort and funded by the Edmonds Arts Commission and Edmonds Art Festival Foundation with the goal of creating a blueprint for the community to follow in the coming years. During that process, a vision of the community was developed including five main goals and over fifty strategies. She noted the Community Cultural Plan, developed in 1994 and adopted as part of the City's Comprehensive Plan in 1996, has become a model for other cities. Ms. Chapin explained this was an update of the Community Cultural Plan to determine how to refine the goals and strategies. She explained the update included an 18-member Advisory Committee with representatives from art organizations in the Community, the City Council (Council President Pro Tern Plunkett), local businesses, artists, historical society, Senior Center, Port and other local organizations. There were also several public meetings and a public survey. Ms. Chapin explained the original purpose of the plan was to identify strategies that would guide the City and community in planning for continued arts development and support, that would support the development of community arts facilities, that would integrate cultural planning in to other aspects of community planning, and that would utilize cultural resources as building blocks for downtown and waterfront redevelopment and developing tourism in the community. The update committee found these concepts were still valid. The update committee also determined the five main goals were still valid. She noted many items in the original plan have been accomplished and many are ongoing. She pointed out that as in the original plan, the five goals were not prioritized. Edmonds City Council Approved Minutes November 5, 2001 Page 9 Ms. Chapin commented the development of arts facilities, broadening participation in the arts, effective use of public art to provide a unique community identity were themes that recurred throughout all the goals in various ways. She commented the Community Cultural Plan provides a blueprint for the arts to develop concurrently with local and regional planning initiatives. She pointed out the five goals and supporting strategies were designed to position cultural resources as community and economic building blocks. She reviewed the five goals as follows: Increase the visibility of the arts in Edmonds. Edmonds is known as an arts town, partly because of the long, well established, privately operated Edmonds Art Festival. The Plan points to other ways to increase the visibility of art in Edmonds both in terms of visual aesthetics and making information about the arts widely available. The Plan encourages the use of art elements. She noted, for example, the fountain element "Cedar Dreams" has contributed to defining the community and enhancing the sense of place. Public art also provides visual markers such as gateways and corridors particularly in the downtown and waterfront areas. The Cultural Plan places a strong emphasis on continuation of the marketing of Edmonds as a cultural destination and seeks more ways that artists and the arts can be showcased in the community. Develop facilities to include studio, performance, exhibition and retail space for arts and gathering places for the public. Development of cultural facilities increases the visibility of the arts while providing opportunities to showcase artists and bring events to the community. The original plan encouraged investigation into the use and/or development of numerous locations/facilities including schools but some of the options in the original plan are no longer viable or have already been accomplished. The recent formation of the Public Facilities District may address one area of this goal. The Fine Arts Center of Edmonds (FACE) is also working on the development of a visual arts center. It is important that Edmonds support development that includes the expansion/development of arts facilities in the community including interim use of public space that may currently be underutilized. Encourage collaboration among arts, business, education, heritage, tourism, City beautification and recreation. This is a community plan and this goal emphasizes ways to encourage greater collaboration among public and private entities within the community. An example is the area on the waterfront where the railroad, City and Port intersect where projects are occurring involving those three entities. This is repeated many times in the visioning process and elsewhere of uniting the downtown and waterfront areas of the community via perceptual links as well as visual links in which art can play a key role. Collaboration is also important to provide youth art education such as via the Artists in Residence program. Broaden community involvement in the arts. An example of ideas in the Plan that are being implemented include the collaborative "Evening of the Arts" art walk which allowed the public to be involved in visual and performing arts. This also fosters a commitment to supporting the ;! arts in the future. Promote the arts as partners in economic development. The planning process determined the arts best characterize the kind of community Edmonds has become and the type of marketplace that residents and visitors want to see. Edmonds benefits from continuing to develop an arts focus, distinguishing itself from other waterfront communities on Puget Sound. This requires an emphasis on joint marketing efforts that showcase the cultural assets in the community. Edmonds economic vitality depends on developing and maintaining a variety of business uses, reinforcing the small town shopping environment and marketing a cohesive tourism identity. Ms. Chapin summarized Edmonds clearly values the arts and successful implementation of the goals was the responsibility of the entire community. She pointed out the importance of integration of goals in public/private/business planning, identifying dynamic and dedicated leadership, development and Edmonds City Council Approved Minutes November 5, 2001 Page 10 allocation of financial resources both public and private, integration' of the arts into community planning initiatives, and collaboration among the City, private sector and residents. The City has an important role of providing continuity for cultural arts programs and organizations via City staff support as many arts organizations have few staff of their own. Ms. Chapin explained when the committee agreed it would not prioritize the goals, they recognized the importance of developing physical facilities (buildings) for the arts. She noted recent efforts to develop visual arts facilities, interest in developing new gallery space, and strong interest by FACE to develop a facility on the waterfront. Regarding performing arts, the formation of the Public Facilities District (PFD) was a key step. If the PFD was able to develop a feasible project that includes a performing arts facility, the Cultural Arts update committee recognized the need to support that type of facility. If the PFD did not develop a feasible project with a performing arts project, ways to meet the performing arts needs in the community need to be pursued. Councilmember Petso asked about the funding source for implementing the Plan. She referred to current budget challenges, and questioned whether this was a wish list or whether there was a definite funding plan in place. Ms. Chapin answered there was a funding plan for some items and other items represented a wish list. She commented the Community Cultural Plan, as a blueprint for the next 5-10 years, should include items that could be accomplished. She commented implementation of public art could be via the least expensive ways such as sidewalk inlays when new sidewalks are constructed. Council President Pro Tern Plunkett commended Ms. Chapin on her enthusiasm. He pointed out the importance of including arts in economic development efforts, noting this would build on itself and create the economic development the community needed. Mayor Pro Tem Earling commented the strategies identified the groups that could be involved in bringing about the strategy. He asked how these groups were reminded of their role in the plan to ensure they remained actively engaged. Ms. Chapin explained there were a number of ways this occurred including updating the Plan. The Arts Commission also attempts to create opportunities for community arts and cultural organizations to come together such as annual arts gatherings for South Snohomish County and arts roundtables. Finding the projects that people are interested in working on was an important element. Comprehen- C. 2001 Comprehensive Parks, Recreation and Oven Space Plan ive Parks, Recreation Ms. Ohlde reviewed accomplishments from the old plan including expansion of partnerships with the and Open Space Plan Edmonds School District, neighboring cities and Snohomish County on field expansions, expanding after school programs, and enhancing beautification such as working with private and non-profit organizations. Other accomplishments include acquisition of waterfront property, grants acquisition, donations, corporate sponsors, and cost effective operation of the Parks and Recreation Department. She referred to the community survey that sought input from the public regarding various park issues. Jerry Draggoo, the consultant who worked on the plan update, explained one of the first tasks was a community profile to determine how the community had changed. He explained the community had an older median age and fewer younger people which means there is a demand for certain senior services and leisure programs and beautification became a bigger issue. He noted it was important in the process to consider who the Master Plan was planned for. Mr. Draggoo displayed an analysis of parkland by type such as neighborhood parks, community parks, noting the total park land was 8.24 acres per 1,000. He said this amount varied by City due in part to the availability of land for parks. He reviewed the cost of providing services, displaying a chart that Edmonds City Council Approved Minutes November 5, 2001 Page 11 compared cost of service with level of service. He noted an increased level of service reduced the cost of service. He displayed an analysis of recreation programs and services including participation, revenue from fees and percent from revenue. He noted Edmonds had a huge recreation program, which assisted with offsetting the costs of maintaining the park system. He noted the total participation was approximately 169,000, which generated approximately $740,000 in fees. Mr. Draggoo displayed a list of partnerships that assist in making services go further. Mr. Draggoo indicated the cost per capita for leisure services in Edmonds was $54.36 (calculated by dividing the total operating budget by the population) but the net cost per capita was $28.47 (calculated by subtracting from the operating budget the revenue produced and dividing by the population). This equated to a revenue rate for the department of 46.91 % and a revenue rate for recreation programs of 102.01%. He noted although $54 per capita may seem like a lot, there were cities over $100 per capita. The average in this region was over $50. Mr. Draggoo explained the Recreation Needs Assessment was developed via a number of sources. He displayed a graph of parkland needs, noting there was some need for more parkland. He displayed a graph of recreation facilities needs, noting there was a slight need for sports fields. Mr. Draggoo reviewed recommendations, noting the park system concept was to provide a neighborhood park within convenient walking distance of most residents. He displayed a map illustrating a 'h mile service radius of existing neighborhood parks. To achieve the concept of providing a neighborhood park within convenient walking distance, two parks must be converted from another use, existing neighborhood parks upgraded, and neighborhood facilities added to three school sites. Recommended new park development included converting 1-2 acres in Pine Ridge Park and Maplewood Park from open space to active use. School/park development could be accomplished by developing neighborhood park facilities at Edmonds, Westgate, and Madrona Elementary schools. He also recommended developing a community park at the old Edmonds-Woodway High School site. Special use areas include acquiring the Deer Creek Hatchery site, developing a Master Plan for the Edmonds Marsh, and broadening Frances Anderson Center to a Cultural Arts Center. Specialized facilities include construction of a super playground, providing gymnasium space in a multi -use recreation center, construction of more trails, constructing an aquatic/recreation center, and sports fields. There was demand in the region for a leisure pool and recommended a pool include facilities that could assist in offsetting the operating costs. Mr. Draggoo explained the total of the recommended projects was approximately $21 million, noting approximately half of this was an aquatic/recreation complex. He reviewed the projects (over six years) that comprised the $21 million including park development, beautification, park rehabilitation, trail development, land acquisition, planning studies, skateboard park and aquatic recreation complex. He reviewed funding sources (over six years) including Capital Facilities Fund ($600,000), grants ($1,650,000), GO Bond ($12,417,000), REET #125 ($4,800,000) and REET #126 ($1,700,000). Councilmember Petso expressed concern that there were no parks in certain areas of the City, including near her home. She noted the plan counted nearby school facilities as parks; however, because the City did not own these, the possibility existed that these sites could be surplused by the school district. She inquired how this would be addressed and whether there were any plans to acquire surplus school district property. Ms. Ohlde responded Woodway Elementary was not for sale. She emphasized the need to plan for the unexpected so that opportunities could be taken advantage of. She described grants that will be available for this type of purchase, noting such a project would rank high due to the immediacy of the threat of losing a park facility. Edmonds City Council Approved Minutes November 5, 2001 Page 12 Mayor Pro Tem Earling asked how many projects have been funded via matching REET funds. Ms. Ohlde answered at least seven different projects since she has been employed by the City including several waterfront acquisitions. Mayor Pro Tem Earling requested Ms. Ohlde provide the Council a list of the park projects funded with REET funds. Councilmember Petso referred to her experiences with transporting children to other cities for swim meets and soccer and asked whether it was conceivable Edmonds could offer such facilities thereby generating business for the City. Ms. Ohlde responded this issue was raised in the feasibility study of the aquatic center, the tremendous economic benefit that a recreation facility could have. Councilmember Petso asked whether there were any plans for a sportsfield complex. Ms. Ohlde answered no, due to the limited amount of land base in the area. Any major sports fields would need to be development via partnerships. Mayor Pro Tem Earling advised this was scheduled for a public hearing on December 4, 2001. ransporta- 10. WORK SESSION ON CITY OF EDMONDS 2001 TRANSPORTATION ELEMENT YEARLY ion Element UPDATE Yearly Update Traffic Engineer Darrell Smith explained the primary purpose of the Transportation Element update of the Comprehensive Plan was to bring the City into compliance with House Bill 1487. In 1998, the Legislature passed HB 1487, which supplemented and clarified the GMA Transportation comprehensive planning requirements, directing local agencies to assess state-owned transportation facilities, which in Edmonds include Hwy. 99, SR104 and SR524. In 2000, the City hired The Transpo Group, a traffic engineering consulting firm, to analyze the City's Transportation Comprehensive Plan to determine if it was in compliance with HB 1487. Transpo found the City's document was in substantial compliance with HB 1487. The report was forwarded to Washington State Department of Transportation (WSDOT) and Puget Sound Regional Council (PSRC) who concur with Transpo's findings and the update that summarizes their report. PSRC stated Edmonds was ahead of most agencies in getting this adopted. PSRC will adopt the City's transportation element update following formal adoption by the City. Mr. Smith explained the proposed revisions to the Transportation Element were presented to the Planning Board on October 10 who approved them for presentation to City Council. Staff recommends holding a public hearing on December 4 and adopting the Transportation Element yearly update. Councilmember Petso referred to Attachment 8, which compared the current level of service (LOS) at certain intersections to the level of service in 1992. She noted SR104 and 100'h Avenue went from LOS F in 1992 to LOS C currently although there were not physical changes made to the intersection. Further, in her experience, traffic has not declined at this intersection. She asked how the level of service had improved. Mr. Smith agreed, explaining WSDOT took regular traffic counts along the SR104 corridor which are used to establish the level of service. He noted a traffic number generated on a rainy day in November was different than generated during the summer. He said the City will strive to establish consistent standards when taking traffic counts including accounting for weather conditions. Councilmember Petso expressed concern with adopting the plan when the intersection of SR104 and 100'h Avenue was actually at LOS F following unloading of a ferry. Mr. Smith advised the City recently hired a consulting firm to perform a major Transportation Element update. Further, the City has invited WSDOT to join the City on the Technical Advisory Committee during the major update to solicit their input. He commented WSDOT had not been able to participate in this update. Councilmember Petso Edmonds City Council Approved Minutes November 5, 2001 Page 13 concluded the intermittent problem created by ferry traffic would be addressed in the major update. Mr. Smith agreed noting information from the Pine Street Ferry Study would also be utilized. Councilmember Petso pointed out the Plan identified SR104 and 76th as LOS F and asked whether the Plan addressed how this could be improved. Mr. Smith said the Plan indicated WSDOT and the City would strive to get the SR routes to an acceptable level of service, LOS D. He noted WSDOT plans to repave SR104 from Hwy. 99 into Lake Forest Park. He noted the signal at SR104 and 76t" belonged to WSDOT and the City has encouraged them to update/improve the signal. He said the solution likely was not optimizing the signal but adding more lanes. Councilmember Petso asked how the situation at SR104 and 76`' could be resolved. Mr. Smith pointed out the importance of an efficient transportation network in the City and working with surrounding cities. He noted funding for transportation projects has been limited in the past ten years. 12. MAYOR'S COMMENTS Mayor Pro Tem Earling remarked on the passing of Ruth Sater, a valuable member of the community who will be missed. Mayor Pro Tem Earling requested staff address the comments Roger Hertrich made earlier in the meeting wilding regarding consideration of 60 — 80 foot building heights by the Planning Board. Planning Manager Rob Heights Chave advised approximately 850 notices regarding the public hearing were sent to an area near Stevens Hospital and Hwy. 99. The Planning Board will be considering the creation of a mixed -use zone in that area and considering a potential area. He explained the Planning Board was seeking input from the public but emphasized this was not a proposal for the bowl area. Mayor Pro Tem Earling announced his daughter qualified to swim at All State. 13. COUNCIL COMMENTS There were no Council reports. With no further business, the Council meeting was adjourned at 9:30 p.m. �AKENSON,MAYOR SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes November 5, 2001 Page 14 1 [l E AGENDA - EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 51" Avenue North 7:00 - 10:00 D. m. NOVEMBER 5, 2001 Special Monday Meeting 6:50 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 October 27, 2001 (C) Approval of City Council Meeting Minutes of October 30, 2001 (D) Approval of claim checks #51646 through #51756 for the week of October 29, 2001, in the amount of $285,791.59 (E) Report on bids opened October 23, 2001, for the 200 Dayton Street Public Works Building roof replacement and award of contract to Amer-X Roofing, Inc. ($94,699.20, including sales tax) (F) Authorization for the Mayor to sign an Interlocal Agreement with Snohomish County to accept a $9,300 Growth Management Act (GMA)/Buildable Lands Grant from the State of Washington for 2001-2002 (G) Proposed Resolution declaring the remaining portions of a carved pole to be conditionally surplus to the needs of the City, calling for bids and/or proposals, and establishing a public process for consideration of such bids Page 1 of 2 CITY COUNCIL MEETING AGENDA November 5, 2001 Page 2 of 2 (H) Proposed Ordinance amending the provisions of Chapter 2.35 relating to vacation and sick leave to add a new Section 2.35.025 Military Leave, amending the provisions of Section 2.35.045 Shared Leave, Subsections H and B to provide for the use by persons involuntarily called to military service; providing for when the policies herein adopted shall be effective with respect to bargaining unit employees, and fixing a time when the same shall become effective 3. (10 Min.) Annual Report from Municipal Court Judge James White 4. (10 Min.) Annual Report from Public Defender James Feldman 5. (10 Min.) Annual Report from Hearing Examiner Ronald McConnell 6. (15 Min.) Annual Report from City Attorney Scott Snyder 7. (15 Min.) Annual Report by the Arts Commission 8. Audience Comments (3 Minute Limit Per Person) 9. Work Session on Draft 2001 Comprehensive Park, Recreation and Open Space Plan (20 Min.) A. Element No. 1: Cemetery Master Plan (20 Min.) B. Element No. 2: Cultural Arts Update (45 Min.) C. 2001 Comprehensive Park, Recreation and Open Space Plan 10. (10 Min.) Work Session on City of Edmonds 2001 Transportation Element Yearly Update 11. (15 Min.) Work Session on Essential Public Facilities Common Siting Process 12. ( 5 Min.) Mayor's Comments 13. (15 Min.) Council Comments 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. 1 I