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03/23/2010 City CouncilMarch 23, 2010 At 6:15 p.m., Mayor Haakenson announced that the City Council would meet in executive session regarding negotiations for the purchase of real estate. He stated that the executive session was scheduled to last approximately 45 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Haakenson, and Councilmembers Bernheim, Orvis, Plunkett, Fraley - Monillas, Buckshnis, Peterson and Wilson. Others present were Community Services /Economic Development Director Stephen Clifton, Finance Director Lorenzo Hines and City Cleric Sandy Chase. At 7:00 p.m., the Mayor announced to the public that an additional 15 minutes would be needed in executive session. The executive session concluded at 7:07 p.m. The regular City Council meeting was called to order at 7:13 p.m. by Mayor Haakenson in the Council Chambers, 250 5t'' Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Steve Bernheim, Council President D. J. Wilson, Councilmember Michael Plunkett, Councilmember Dave Orvis, Councilmember Adrienne Fraley - Monillas, Councilmember Strom Peterson, Councilmember Diane Buckshnis, Councilmember ALSO PRESENT Graham Marmion, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Gerry Gannon, Assistant Police Chief Stephen Clifton, Community Services /Economic Development Director Noel Miller, Public Works Director Rob Chave, Planning Manager Jerry Shuster, Stormwater Eng. Program Mgr. Bertrand Hauss, Transportation Engineer Rob English, City Engineer Rich Lindsay, Parks Maintenance Manager Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder Mayor Haakenson requested a Resolution urging the U.S. Department of Defense to select the Boeing Company to build the next mid -air refueling tanker be added as Consent Agenda Item I. COUNCILMEMBER FRALEY- MONILLAS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS Councilmember Plunkett requested Item G be removed from the Consent Agenda. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: Edmonds City Council Approved Minutes March 23, 2010 Page 1 A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF MARCH 16, 2010. C. APPROVAL OF CLAIM CHECKS #117726 THROUGH #117850 DATED MARCH 18, 2010 FOR $371,958.19. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #46164 THROUGH #49191 FOR THE PAY PERIOD OF MARCH 1 - MARCH 15, 2010 FOR $631,935.83. D. AUTHORIZATION FOR MAYOR TO SIGN ADDENDUM NO. 8 TO THE PROFESSIONAL SERVICES AGREEMENT WITH R112 ENGINEERING, INC. FOR THE 2003 WATER SYSTEM IMPROVEMENT PROJECT. E. AUTHORIZATION FOR MAYOR TO SIGN ADDENDUM NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT WITH GRAY & OSBORNE, INC. FOR THE 76TH AVENUE WEST /75TH PLACE WEST WALKWAY & 162ND STREET SW PARK PROJECT. F. AUTHORIZATION FOR MAYOR TO SIGN AN INTERLOCAL AGREEMENT WITH EDMONDS SCHOOL DISTRICT #15 TO DEVELOP UPGRADED NEIGHBORHOOD PARK ELEMENTS AT WESTGATE ELEMENTARY SCHOOL. H. PROCLAMATION IN HONOR OF EARTH HOUR - SATURDAY, MARCH 27 FROM 8:30 TO 9:30 P.M. I. RESOLUTION NO. 1225 — URGING THE U.S. DEPARTMENT OF DEFENSE TO SELECT THE BOEING COMPANY TO BUILD THE NEXT MID -AIR REFUELING TANKER. ITEM G: FUNDING REQUEST FOR EDMONDS NIGHT OUT. Councilmember Plunkett explained Edmonds Night Out was not funded last year. This year Police Chief Compaan has requested funding in the amount of $3500. Councilmember Plunkett did not support funding the event in light of the City's budget situation. Councilmember Buckshnis explained the expenditures may be less than $3500 if requests for food and beverage donations are successful. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE ITEM G. Council President Bernheim asked what portion of the $3500 was for Police Officers to attend the event. Councilmember Fraley - Monillas explained the request was to authorize up to $1500 for officers to attend because there is insufficient regular on -duty staff to attend Night Out, as well as to be available for 911 calls. She commented Night Out was an important event that involved citizens and families and the funding request was a minor expense in the overall scheme of things. Assistant Police Chief Gerry Gannon explained approximately 3,000 people have attended Edmonds Night Out in the past. He explained Night Out provides an opportunity for people to see communications provided by SNOCOM and talk with Police Officers, the Dive Team, and the K -9 team as well as other organizations. Councilmember Wilson agreed with Councilmember Fraley - Monillas' comments regarding the importance of this event, pointing out Night Out was a very family oriented event and attracted families who may not attend other community events. He inquired about the Police Department's 2009 budget. Edmonds City Council Approved Minutes March 23, 2010 Page 2 Assistant Chief Gannon advised the Police Department was approximately $130,000 - $140,000 under budget in 2009 due to salary savings in two positions. Councilmember Wilson commented $3500 was an appropriate contribution in recognition of that savings. Councilmember Buckshnis commented Officer Debbie Dawson attends the Dog Park's Halloween Howl and provides an opportunity for the community to positively engage with the Police Department. MOTION CARRIED (5 -2), COUNCILMEMBERS PLUNKETT AND ORVIS VOTING NO. Assistant Chief Gannon invited the Council to assist the Police Chief and Assistant Chiefs with barbequing at Edmonds Night Out. 3. UPDATE AND OVERVIEW OF SNOCOM. Debbie Grady, Director, SNOCOM, explained SNOCOM is the 911 communication center that serves Edmonds residents and public safety employees. SNOCOM was established in 1971, it was the first consolidated 911 center in Snohomish County, and it is currently located in Mountlake Terrace. Member agencies include Brier, Edmonds, Mill Creek, Mountlake Terrace, Mukilteo, Lynnwood and Woodway; Fire District 1 is a contract agency. SNOCOM is governed via an Interlocal Agreement that establishes governance and funding. She provided a SNOCOM organizational chart, pointing out the 10- member Board of Directors has representatives from each member agency. Mayor Haakenson currently serves as the Chair and Police Chief Compaan is a voting Board Member. She explained SNOCOM's assessment formula is calculated 54% for dispatchable calls for service, 23% assessed value and 23% population. She explained the two communication centers in Snohomish County, SNOCOM and SNOPAC share the local 911 excise tax dollars; the division of those funds is based on call volume and SNOCOM currently receives 24 %. She commented on pending legislation to increase the 911 excise tax by $0.25. Ms. Grady described the workflow when a person called 911 from a landline, cell phone or VolP. Calls are answered by 911 dispatchers who determine whether to dispatch fire, police or both. She reviewed next generation 911 calls including video, text, telematics (i.e. OnStar), and email. SNOCOM also enters information regarding stolen vehicle and missing persons into nationwide databases, as well as warrants, restraining orders and court- initiated paperwork for its user agencies. SNOCOM's total call volume in 2009 was approximately 256,000 calls; of those approximately 170,000 were 911 calls and of those, approximately 122,000 were calls for service where police or fire were dispatched and approximately 52,000 were traffic stops generated by officers in the fields. SNOCOM handles approximately 500 calls per day. She reviewed a chart illustrating a decrease of 2% in police incidents, a consistent rate of fire incidents and a 9% increase in traffic stops 2008 to 2009 and an overall increase growth of 30% between 2004 and 2009. Ms. Grady displayed a SNOCOM personnel organizational chart of the nine administrative staff personnel and 32 dispatch employees; they are budgeted for 35 dispatch employees based on current call volume. SNOCOM is currently approximately 90% staffed; however, due to employees in training, actual staffing is approximately 76 %. She provided a humorous recording played on the Jay Leno Show of a child calling 911 for help with homework. She explained this illustrated a 911 dispatcher could expect to handle a variety of calls during a shift. She described SNOCOM personnel as dedicated, conscientious professionals who provide communication service 24/7, who are ambassadors of the agencies they serve, and who receive approximately a year of training. Technology has changed the complexity of dispatchers' jobs and not everyone can do this job. Edmonds City Council Approved Minutes March 23, 2010 Page 3 SNOCOM's adopted 2010 budget is approximately $4.4 million with funding from 911 excise tax, VRMs and assessments. The 2010 budget had two separate assessments, one for the SNOCOM operating budget and one for New World project. There are no new positions or new project expenditures in the 2010 budget and the administrative staff was reorganized to improve efficiency. She provided SNOCOM's 2010 goals with regard to personnel, training and projects. She highlighted the Community Notification system, a reverse 911 system used to notify residents in the event of an emergency. Terry Peterson, Information Systems Manager, SNOCOM, described the New World System, a county -wide single database for dispatch, records, corrections, fire and mobile in which 52+ agencies within Snohomish County will participate. From RFP to implementation, the New World System will be a 4 -5 year project. He explained the existing configuration has limited interface between police, fire and the correction records management system, making it difficult to track crimes outside a jurisdiction. The New World System will be a single county -wide database into which dispatch, records, corrections, fire and mobile will enter and retrieve information. The New World System will replace aging public safety communications equipment including Computer Aided Dispatch (CAD), Records Management System (RMS), and Corrections Management System (CMS) and add Automated Field Reporting (AFR) and Automatic Vehicle Location (AVL). AFR will make a police vehicle a mobile office, allowing an officer to start, finish, upload and complete all reporting from their vehicle. AVL is similar to GPS and allows the dispatch center to recommend and dispatch the unit closest to the incident. The total system cost of the New World system is approximately $8 million, SNOCOM's portion is approximately $2.7 million. He described the budgetary impact to SNOCOM and project funding via $1 million from SNOCOM's CAD /RMS Reserve Balance and a loan for the remainder. He described implementation of the New World System, explaining the system is currently being configured, corrections will be live in January 2011 and CAD /RMS will be live in June 2011. Ms. Grady invited Councilmembers to visit SNOCOM and do a "sit- along" with a dispatcher. She also invited them to National Telecommunicators Week events April 11 -17, SNOCOM's picnic in August and the holiday open house in December. Councilmember Wilson commented he hears many exemplary comments about SNOCOM and SNOCOM is often referred to as an organization whose operations other organizations should aspire. Mayor Haakenson remarked in the 14 years he has been on the Council and as Mayor, this is the first time SNOCOM has ever made a presentation to the Council. 4. PUBLIC COMMENT ON THE SUBJECT OF BUDGET CUTS. Council President Bernheim explained this was an opportunity for the public to provide their ideas regarding budget cuts. The Council will be considering a tax increase later this year as well as continuing to identify cuts to the budget. As the cost of providing services increases and caps on tax increases take effect, the gap between the cost of services and available funds widens. Al Rutledge, Edmonds, suggested the Council identify cuts that have been made in the past. As an example, he pointed out the City Clerk's office provides a person making a public records request a minimal number of pages at no charge and charges a fee for additional pages. He also cited the removal of the bird watching pier which used to attract numerous birdwatchers to the City. He suggested Police Edmonds City Council Approved Minutes March 23, 2010 Page 4 Department overtime also be considered, noting in the past it was less expensive to pay overtime than hire another officer. He suggested each Councilmember develop a list of budget cuts for public comment. Roger Hertrich, Edmonds, referred to the suggestions he made last week such as being conservative, employee furloughs, and not filling vacancies created by retirements. After making a public records request, he was surprised to see the volume of email between staff. He suggested a great deal of staff time was being wasted on email. Next, he pointed out in difficult times, personal budgets focused on essentials such as food and shelter and unnecessary expenditures were omitted. He expressed concern with the Council's expenditure of $1.5,000 for the Cascade Conservancy, pointing the City could not afford to go green this year and any unnecessary expenditures should be eliminated. Councilmember Buckshnis read an email that posed the following questions: the cost of in -house versus using outside counsel, ways not to use consultants as much, and why the City was paying for Blackberry cell phone service for Fire District 1 administrative staff. Councilmember Wilson recalled one of the issues he raised last week was the potential unfunded pension and retiree health benefits. After speaking with Mayor Haakenson and Human Resources Director Debi Humann, he learned the City has a very limited liability, due primarily because several years ago the State took over the majority of retirement benefits. The City currently has liability for pension and health benefits for 39 retirees, 4 who draw a small pension ($3000/month total) and 35 law enforcement employees and firefighters for whom the city pays health benefits. These employees have rich benefits and often very costly healthcare, likely totaling $3 - $4 million, an unfunded amount. A study was done by an actuarial firm in 2004 who identified ongoing costs of approximately $380,000 annually. Although this is a very manageable amount, it may be appropriate to conduct another actuarial study to determine whether it was still necessary to transfer that amount. He estimated the cost of an actuarial study at approximately $10,000. Due to the need to identify alternate healthcare benefits for City employees, Councilmember Wilson suggested the City consider self insurance. He acknowledged the City was self - insured in the 1990s and had a bad experience. A number of local cities are self - insured and many companies with over 200 employees self - insure. His preliminary analysis indicates the City could realize a $1 million - $1.5 million savings via a self - insurance model. He recognized there were costs associated with self - insurance including stop loss coverage which the City did not have in the 1990s. Self- insurance would allow the City to maintain the same or better benefits for its employees at a reduced cost. He urged the group considering insurance alternatives to present options to the Council this summer prior to the budget process. �ti117 i �1►[�K! • • ; •Y Ifv Lora Petso, Edmonds, was disappointed in the lack of action on a PRD fix, pointing out although the issue had not been dropped, the flaws remained in place, allowing a new application to take advantage of those flaws. She was also disappointed with the new stormwater ordinance, pointing out the definition section contained new words including variance and exception. She did not support exceptions to drainage requirements and the associated litigation it could create. She expressed concern with allowing only the applicant to appeal the Public Works Director's decision on an exception and not allowing the public to appeal a decision. She was also concerned with private ownership of stormwater facilities and suggested private ownership not be allowed in areas with historic storm drainage issues. She pointed out the importance of properly maintaining stormwater facilities and her preference that the City be responsible for maintenance rather than a private owner. She commented phrases in the code such as 100 year storm were replaced with flow control credits. She urged the Council to determine whether the proposed stormwater code increased or reduced stormwater regulations. To Councilmember Wilson's Edmonds City Council Approved Minutes March 23, 2010 Page 5 suggestion, she offered to provide the name of a firm who could provide an actuarial analysis at a cost lower than he suggested. Ron Wambolt, Edmonds, recalled at last week's Council meeting Mayor Haakenson reported the unions had expressed a desire to begin negotiations earlier than in the past because they wanted to recoup some of the compensation they gave up in 2009. He assumed this referred to compensation lost as a result of furloughs. He recommended in the upcoming labor negotiations the City strive to recoup some of the unjustified increases given for 2009; explaining that even after furloughs, individual employee compensation in 2009 was above 2008. Most taxpayers continue to experience compensation reductions that include furloughs and pay cuts. He recommended the City retain a person who specializes in labor negotiations. Even without the Fire Department, employee compensation accounts for more than 50% of total expenses and is growing faster than other expenses. The outlook for 2011 is compensation will grow by 6.7% compared to 2.8% for all other expenses. For 2012 -2016 compensation is expected to grow twice as fast as other expenses. Natalie Shippen, Edmonds, recalled approximately two years ago the Council discussed obtaining an appraisal of the Skippers and old Safeway properties but no action was taken. She requested the Council obtain an appraisal of those two properties to allow a decision to be made in time to place a purchase measure on the November 2010 ballot. She suggested the property could be land banked and present and future residents allowed to develop their vision for the property. She recalled past ideas for the property included a maritime or art museum, or a cultural center. She commented the Council was lucky; few Councils had the opportunity to oversee and coordinate 40 acres of prime waterfront property. Roger Hertrich, Edmonds, noted his comments at last week's meeting regarding the skybridge were accurately reflected in the minutes except "WSDOT future rails" should be "DOT future trails." He commended staff's presentation at last week's meeting regarding use of the City's right -of -way for bistro and outdoor dining. With regard to the proposal in the Six -Year Transportation Improvement Plan for a signal at 9th & Walnut, he reported it took 43 seconds at 5:30 p.m. to get through the intersection; most lights take 2 minutes. He expressed concern with trains on the double tracks blocking access to the ferry and suggested the City research acquiring the Unocal property and trading it for property in the Antique Mall. He endorsed Council President Bernheim's suggestion for Councilmembers to hold visioning meetings in the community. Al Rutledge, Edmonds, reported the March 19 Hearing Examiner meeting was conducted very well. Next, he announced a Community Food Drive at Top Foods on March 31 and April 2 -3 to benefit the local food bank. The public can also purchase and donate Easter bags for $5. The Food Bank served 416 people today. 6. REPORT FROM PLANNING DIVISION ON COMPREHENSIVE PLAN OUTLOOK FOR 2010- 2011. Planning Manager Rob Chave explained the Growth Management Act (GMA) was adopted in Washington in 1990. The City's first Comprehensive Plan under GMA was adopted in 1995. The last major update was completed in 2004. Local jurisdictions are on a 7 -year update cycle; Edmonds' next update was due in 2011. The Legislature passed SSB -6611 extending the deadline to 2014 although Governor Gregoire has not yet signed the bill. He explained the purpose of updates is to assure compliance with GMA as well as maintain consistency with regional planning efforts. Updates also must address consistency between the Comprehensive Plan and development regulations. He reviewed a diagram illustrating the interaction between GMA goals and Edmonds City Council Approved Minutes March 23, 2010 Page 6 mandates, multi - county planning policies, county -wide planning policies, Puget Sound Regional Council (PSRC) Vision 2040 /Regional Vision and local plans. With regard to regional planning, Mr. Chave explained Vision 2040 was adopted by PSRC in 2009; it provides regional vision and growth strategy for the 4- county region through 2040. As part of that regional planning strategy, PSRC also adopted multi- county planning policies for the 4- county region. This requires consistency and ties between land use and transportation in a sustainable framework. The Snohomish County Council in conjunction with Snohomish County Tomorrow is in the process of updating Countywide Planning Policies (CPP) to reflect Vision 2040 regional vision and growth strategy. He pointed out the difference between CPPs and countywide population allocations. It happened that the last 7 -year Comprehensive Plan update and the 1.0 -year population allocations occurred at approximately the same time; countywide population allocations are due in 2015. Edmonds usually updates specific plans (e.g. water, sewer, parks, or transportation) on a regular basis. The formal 7 -year update is a more comprehensive effort tied to GMA consistency and larger growth and vision issues, for example population and capacity analyses. He provided a timeline for updating the Stormwater Comprehensive Plan, Water Comprehensive Plan, Capital Facilities Plan, Comprehensive Plan Framework/Vision 2040 acknowledgement, Comprehensive Plan Hearing Examiner Review requirement, Street Tree Plan, Shoreline Master Program and Sustainability Indicators. He suggested a joint Council /Planning Board meeting to discuss Sustainability Indicators. Mr. Chave also provided a timeline for review of City Council referrals and Code revision /updates, noting the annual Comprehensive Plan update was a small portion of the Planning Board's work plan. He offered to have staff provide the Council a monthly update regarding the Planning Board's progress on these items. The 2010 amendments are intended to update certain specific plans (e.g. water, storm /surface water, street tree plans), incorporate the vision and general sustainability framework from Vision 2040 into Edmonds' Comprehensive Plan, and move sustainability forward by looking at indicators and ways of measuring progress. It will be important during the 2011 -2014 planning period to further analyze how Edmonds can work toward the regional vision and growth strategy. It will also provide an opportunity to review major growth issues and vision within the community, such as Activity Centers, links to transit, and how Edmonds Crossing fits within that framework. In 2015, Snohomish County will allocate population, a process that involves all the jurisdictions. It will be critical prior to 2015 for the City to do its homework to determine what its target should be in advance of that allocation process. He explained the regional allocation does not allocate population to specific jurisdictions, it allocates population to groups of jurisdictions; Edmonds is one of several large cities in Snohomish County. Councilmember Plunkett commented regardless of what the City wants its population target to be, it will be told what to take, Mr. Chave answered the State Office of Financial Management provides a total population for Snohomish County and via Snohomish County Tomorrow the jurisdictions determine how that amount is divided by jurisdiction. The difference in the upcoming allocation is PSRC's regional distribution goals must also be considered. Therefore, the allocation will not just be countywide but also in relation to the region. It will be important for the City to consider what is reasonable. In the past the allocation has been easy as several jurisdictions wanted the population growth. History has shown the population targeted for Edmonds has not happened, largely because it was less expensive to develop outlying areas. He anticipated the upcoming allocation may encourage infill to accommodate growth. Therefore it is important for Edmonds to proactively determine its target and to be able to make its case regarding what is achievable. Edmonds City Council Approved Minutes March 23, 2010 Page 7 Councilmember Wilson commented other reasons it was important for the City to proactively determine its target include, 1) in the last 5 -10 years there has been an effort to protect rural lands from further development and less population will be allocated to those areas, 2) during the last allocation Mountlake Terrace and Bothell got a disproportionately high share of population and Snohomish County Councilmember Gossett is working to ensure that does not happen again. As a result Edmonds may get a larger population allocation and if the zoning does not exist to accommodate development to meet the allocation, the City can be compelled to change the zoning. Councilmember Wilson agreed with Mr. Chave's suggestion to update the Council regarding the Planning Board's schedule. Mr. Chave suggested staff could also include an updated schedule with the Planning Board minutes. Councilmember Wilson suggested including the timeline on the City's website with links to the material. Councilmember Wilson asked whether the Capital Facilities Plan (CFP) included the Capital Improvement Plan (CIP). Mr. Chave answered it was only the CFP; the intent was to develop a 2 -year CFP that was tied to the budget. He explained the CFP includes only capital projects in a 20 -year planning period; the CIP includes both capital and maintenance projects to be completed within six years. Councilmember Wilson asked how the CIP will be presented to the Council. Public Works Director Noel Miller advised in conversations with the Finance Director, he indicated the CIP will be incorporated into the 2011 -2012 budget process. Councilmember Wilson suggested staff also be aware of minor activities that are not sustainable. Mr. Chave explained as the Planning Board reviews the Plans, they will be referencing the Sustainability Element to ensure the Sustainability goals are reflected in the updates. Councilmember Wilson inquired about establishing a tree maintenance program as part of the Street Tree Plan, expressing concern that the trees at 5t' & Dayton had to be removed because they were dangerous and/or not adequately maintained. Council President Bernheim commented Edmonds' current population was approximately 40,000; the target for 2025 was 45,000 or approximately 300 people per year. He summarized Edmonds' growth . targets were not large. Mr. Chave agreed they were in line with the City's experience. Council President Bernheim advised he would be using the timeline Mr. Chave provided to schedule items on the Council's extended agenda. He questioned why each item had a public meeting and a public hearing at the Council. Mr. Chave explained staff typically briefs the Council to explain the rationale and to take questions /requests /feedback prior to the formal public hearing. He invited the Council to identify any items where they wanted an additional public meeting or to only hold a public hearing. Council President Bernheim pointed out the December 2009 Comprehensive Plan contains numerous references to the importance of the Edmonds Crossing project, a project that has effectively been shelved. Mr. Chave answered Edmonds Crossing is not just the Pt. Edwards project; the central importance of Edmonds Crossing is the multimodal aspect and linking various modes of transportation. Regardless of what ultimately happens with the Pt. Edwards project, it is important to keep Edmonds Crossing as a concept. He suggested during the Comprehensive Plan update extension, discussions occur with Department of Transportation, Sound Transit, and Community Transit regarding short term solutions that would accomplish much of what Edmonds Crossing was intended to accomplish as well as the long term vision of Pt. Edwards. He did not recommend any action that would jeopardize the concept of Edmonds Crossing. The Comprehensive Plan is very specific about phasing; the short term phase did not include Pt. Edwards and many of the short term efforts are consistent with the statements in the Downtown /Waterfront Plan regardless of Pt. Edwards. Edmonds City Council Approved Minutes March 23, 2010 Page 8 Council President Bemheim was concerned that having a Comprehensive Plan that envisioned a multimillion dollar ferry terminal 1000 yards from the existing location would inhibit the ability to generate the kind of waterfront area some envision if that multimillion dollar facility is not going to be built in the foreseeable future. Mr. Chave reiterated the current efforts are consistent with the short term phase in the Downtown /Waterfront Plan. Council President Bernheim summarized the centrality of the multimillion dollar Edmonds Crossing in the Comprehensive Plan did not inhibit the near term ability to revitalize that area. Mr. Chave agreed. Mayor Haakenson declared a brief recess. 7. PRESENTATION OF PROPOSED UPDATE OF THE STORMWATER MANAGEMENT CODE (ECDC 18.30). Stormwater Engineering Program Manager Jerry Shuster explained a public hearing on the Stormwater Management Code was scheduled for April 20. The purpose of the Stormwater Management Code is to: • Control stormwater runoff from: — Construction sites. — New development and redevelopment. Minimize the effects from development on: — Private and public property (including roads) from flooding or erosion. — The quality of our receiving waters from sediment or other pollutants. — Aquatic habitat including the physical damage of excessive flows that cause erosion and sedimentation. The Stormwater Code affects homeowners, business owners, developers, contractors, stream /lake -side residents, public utilities (PUD, Comcast, etc.) and City capital projects. The City's first Code was effective July 7, 1977. It required "retention /detention" for sites that met impervious surface threshold (Chapter 12.17) and relied in part on the first King County Drainage Manual. The first revision was made in December 1980 which incorporated the requirements into Edmonds' first Development Code (Chapter 18.30) and relied on the 1979 Snohomish County Drainage Manual and King County Drainage Manual. The last significant revision was done in 1995 in response to the Puget Sound Water Quality Management Plan. That revision addressed not only flooding but also water quality. That revision did the following: • Addressed the use of infiltration or detention. • Established a different set of requirements for sites > 1 acre and <1 acre. • Established a different set of requirements for sites with >2,000 square feet impervious <5,000 square feet. • Utilized the 1992 Ecology Stormwater Manual. • Was inflexible to other approaches /difficult to approve Low Impact Development (LID) approaches. This revision is necessary because the Department of Ecology issued a Phase H Municipal Stormwater Permit to Edmonds and 80+ other cities. Section S5.C.4 of the Phase II Permit prescribes how the City should regulate runoff from new development, redevelopment, and construction sites. The intent is to protect water quality, by reducing the discharge of pollutants to the maximum extent practicable. The Phase II Permit divides the world into two categories: 1) projects with 1 acre or more of land - disturbing activity ( "regulatory threshold ") or Large Site Projects and 2) projects below the regulatory threshold, or Small Site Projects. The Permit only regulates sites that are 1 acre or more and requires cities to use the Stormwater Management Manual for Western Washington (Ecology 2005) or an Edmonds City Council Approved Minutes March 23, 2010 Page 9 equivalent manual. In Edmonds, the Permit will apply only to approximately 10% of the current privately -owned parcels. In response to Ms. Petso's comment, these requirements are more restrictive than the current Code. For Small Site Projects (less than 1 acre) the Phase II Permit gives regulated jurisdictions a choice: • Continue to apply the local stormwater requirements in effect at the time of permit issuance (February 2007) or • Apply the same minimum requirements as for the Large Project Sites. Edmonds will continue to use the current stormwater requirements for Small Site Projects but will clarify and update the requirements, provide more choices (Best Management Practices or BMPs) and allow for the use of LID techniques for stormwater control. Mr. Shuster commented LID meant different things to different people and includes stormwater management as well as land development strategies. LID in the New Stormwater Code utilizes the definition found in the 2005 Low Impact Development Technical Guidance Manual for Puget Sound, the Bible in the stormwater world for LID. He reviewed LID strategies that the Stormwater Code allows and encourages: Minimize the amount of rainfall that becomes stormwater runoff by recognizing the benefits o£ • Green roofs /rainwater harvesting — Building Department. • Minimizing site footprint /native vegetation retention and reforestation — Planning Department. • Pervious pavement. 2. Maximize the amount of stormwater that is managed on -site by allowing: • Rain Gardens. • Other infiltration practices without causing flooding or erosion impacts. 3. Require compost- amended soils in new lawn and landscaped areas. Mark Ubank, Herrera Environmental Consultants, explained the Edmonds Community Development Code Chapter 18.30 has been completely rewritten and describes what needs to be done to comply. The Code will also include a new exhibit, the Stormwater Code Supplement that describes how to do it in Edmonds. The Code and the supplement offer more choices, expand LID options, and provide more options for Best Management Practices for water quality and control and construction site management. For Large Site Projects, the Code relies primarily on the 2005 Ecology Stormwater Manual, with reference to other sections of "equivalent" Phase I Manuals where appropriate. For Small Site Projects, the code allows LID techniques where feasible, provides more pre -sized approaches and updates the sizing based on modern stormwater models. Mr. Ubank identified the minimum requirements for Large Site Projects, explaining most of the requirements were previously required in Edmonds and there is little opportunity to deviate from those requirements. Those requirements are not elaborated on in the Code as they can be found in the DOE Manual. He identified the minimum requirements for Category 1 Small Site Projects (> +2,000 square feet but <5,000 square feet impervious surface) and Category 2 Small Site Projects (>5,000 square feet impervious surface). Mr. Ubank reviewed pre - sizing information for sites up to 10,000 square feet of impervious surface including rain gardens, underground detention pipes /tanks and underground infiltration pipes. He Edmonds City Council Approved Minutes March 23, 2010 Page 10 described modeling done of sites and infiltration rates to pre - determine the size of a rain garden and stormwater chambers. Mr. Shuster reviewed the public process to date: • February 24, 2009 — Council Presentation on planned code update. • June 9, 2009 — Presentation to Council Community Services /Development Services Committee of progress of code update. • November 19, 2009 — Public Open House presenting the planned approach to the new code. • December 31, 2009 — Draft Code and supplement sent to state Department of Commerce for GMA review. • January 4, 2010 - Draft Code and supplement sent for SEPA review and public comment — documents placed on City website soliciting written comments. He explained the Draft Code and supplement is available on the City website and staff is soliciting written comments. A public hearing is scheduled on April 20, 2010. Councilmember Fraley- Monillas referred to Ms. Petso's concern that only an owner can appeal and asked how that differed from the old code. Mr. Shuster answered on April 6 City Attorney Scott Snyder will discuss global changes to Title 18; that discussion will address variances and exceptions. Councilmember Orvis asked how the infiltration rate was determined. Mr. Shuster answered it was measured; the supplement contains instructions regarding measurements. Larger sites will require the measurement be certified by an engineer. Councilmember Orvis observed the current code allowed the use of alternatives as long as an engineer was involved; applicants had the choice of hiring an engineer or using a cement vault. The proposed revisions will provide more alternatives such as a rain garden. Mr. Shuster summarized the intent was to encourage the generation of less runoff and to capture the water onsite. Councilmember Orvis pointed out the supplement was not included in the Council packet. Mr. Shuster explained it is 78 pages long. A draft is available on the City's website and an updated version will be available two weeks prior to the public hearing and included in the Council packet for the public hearing. 8. ESTABLISH FIRE PROCEEDS FUND. Council President Bernheim explained his proposal was to place the remaining funds from the sale of assets to Fire District 1, $696,000 minus the approximately $100,000 to repair the Carnegie Library Roof, in a segregated, interest- bearing fund to be reserved for future uses presumably related to asset acquisition. His intent was to remove the funds from the General Fund to avoid their being expended on ongoing expenses. COUNCIL PRESIDENT BERNHEIM MOVED, SECONDED BY COUNCILMEMBER WILSON, TO CREATE A FUND WITH THOSE DOLLARS AND IF PASSED, ASK STAFF TO RETURN WITH THE REQUIRED TECHNICAL ORDINANCE ON A FUTURE AGENDA. Councilmember Wilson commented he generally approved of the proposal. He suggested all future budget summaries /documents provided to the Council not reflect that amount as part of the ending cash balance in the General Fund but as a separate fund such as the Public Safety Emergency Reserve Fund. He suggested the ordinance specify the type of interest - bearing account and recommended a mutual fund rather than a long term investment as it was uncertain when the funds may be needed. Edmonds City Council Approved Minutes March 23, 2010 Page 11 Councilmember Plunkett suggested the interest accrue in the account. Council President Bernheim agreed. MOTION CARRIED UNANIMOUSLY. 9. ADOPT A PARK. Councilmember Buckshnis suggested in conjunction with fulfilling the Comprehensive Plan, citizens participate in the Adopt a Park Project. She has adopted two parks during the past five years and has had a great deal of fun while enhancing the community and increasing pride in the neighborhood. She pointed out areas where the parks and streets are clean, there is a good community. Edmonds has over 60 parks; Parks Maintenance Manager Rich Lindsay identified the following parks as best suited for the Adopt a Park Program: • Pine Ridge Park • Yost Park • Hickman Park • Ballinger Park • City Park • Maplewood Park • Seaview Park • Civic Field Park The Off Leash. Dog Park was the first park she became involved with in 2005. She provided before and after photographs of the Off Leash Park, explaining the clean -up process took volunteers approximately five years. She provided several photographs of people involved in building kiosks, the double entry gate, fire hydrants and bulletin boards at the Off Leash Park. The second park she became involved in was Hutt Park after seeing Jack Bevan cleaning up the park by himself. There is now an annual park cleanup. Last year Council President Bernheim organized a clean -up at Pine Ridge Park. She suggested anyone interested in participating could also contact the Edmonds Backyard Wildlife Habitat who do park cleanups. She recognized the Edmonds Floretum Club who has adopted the park at Old Mill Town. Councilmember Buckshnis suggested residents get involved and get their friends and neighbors involved, contact the City Parks & Recreation Department for a volunteer form and /or Adopt a Park form; discuss with Parks the scope of work and where to put debris; pick a date and time; notify neighbors, parks users and local newspapers; bring water and /or donuts and have fun cleaning a local park. She summarized adopting a park would implement the following sustainability principles: Engage and educate: work together as a community and educate youth about the importance of community involvement and keeping parks clean. Innovate: utilize our community and think beyond conventional approaches (i.e. City of Edmonds P &R) to park clean -up and provide assistance in helping them keep parks clean. Be a Leader: lead by example; it takes only one volunteer to come forward and begin this process. Work towards 10 volunteers. 10. COUNCIL REPORTS ON OUTSIDE COMMITTEEBOARD MEETINGS. Council President Bernheim reported on February 23 he attended an EPA webcast on green power cities, cities that the EPA certifies as using a certain percentage of renewable energy. He planned to work toward that in the next few months. On March 9 he attended a discussion by a Starwood Hotels executive regarding the economic health of hotels and tourism in Snohomish County. On March 9 he joined a local Edmonds City Council Approved Minutes March 23, 2010 Page 12 citizen group in discussing the City's progress on a tree ordinance. Council discussion regarding public and private maintenance of trees, the Street Tree Plan, and a Tree City designation is scheduled in April. On March 10 he attended a City of Shoreline meeting regarding their tree ordinance. On March 12 he attended a presentation by Rick Steves on the difference between European and American approaches to social benefits; according to Mr. Steves, Europeans are more willing to pay for social services and Americans are willing to lose social services rather than pay for them. Tomorrow he planned to attend another meeting in Shoreline regarding their tree ordinance. Councilmember Orvis reported the Snohomish County Health Board meeting included adjustments to the budget as well as discussion regarding how to spend leftover HIN1 funds. Councilmember Buckshnis reported her plans to attend the Snohomish County Tomorrow meeting tomorrow and the Port Commission meeting on Monday. She was unable to attend the WRIA8 meeting but met with Jean White for an orientation and discussion regarding the Edmonds Marsh. She is also involving the Friends of the Edmonds Marsh in WRIAB's effort. Councilmember Wilson reported he met with Save Richmond Beach and Cascade Land Conservancy recently and has been working on public health issues and the Hospital District for Snohomish County. Councilmember Peterson reported Councilmember Fraley - Monillas and he attended the Highway 99 Taskforce where they discussed the creation of a CG3 zone, a transitional zone between the zoning on Highway 99 and the residential neighborhoods. He also met with the Mayor's Long Range Task Force and with a subcommittee of the Mayor's Climate Protection Committee regarding the reusable bag campaign. Another meeting of the Climate Protection Committee is scheduled for April 1 in the Brackett Room in preparation for Earth Day on April 22. Councilmember Fraley - Monillas reported the Highway 99 Task Force highlighted possibilities for future development on Highway 99. Councilmember Plunkett reported the Historic Preservation Commission plans to pursue another Certified Local Government grant; Mr. Chave was successful 4 years ago in obtaining a $15,000 grant that was used for a professional survey of historic properties. If the City is successful in obtaining another grant, it will be used to conduct a survey outside the bowl area. He noted the oldest home in Edmonds, built in 1870, is outside the original survey area. Councilmember Plunkett distributed the Parking Committee's mission statement, "The City of Edmonds Parking Committee's mission is to serve as a citywide committee that provides a centralized service to Edmonds residents, visitors, businesses so as to facilitate the focus, concerns, innovations, complaints, recommendations about parking, transit, vehicles and code issues in the community." He urged anyone with concerns or suggestions to contact the Parking Committee. Councilmember Fraley - Monillas reported the Parking Committee changed from a downtown parking committee to a citywide parking committee. She thanked Councilmember Plunkett for developing the mission statement. 11. MAYOR'S COMMENTS Mayor Haakenson had no report. Edmonds City Council Approved Minutes March 23, 2010 Page 13 Council President Bernheim relayed the Economic Development Commission recommended the Council develop and act on a vision. Although the Council declined his proposal for each Councilmember to conduct a visioning meeting, there will be an opportunity at the June 22 meeting for each Councilmember to make a presentation regarding his /her own vision for the City. Council President Bernheim relayed the Council's extended agenda is available on the City Council's home page. Councilmember Buckshnis provided a reminder of the community meeting Councilmember Fraley - Monillas and she are holding on Friday, March 26 at the Corner Coffee Bar and Caf6 located in Perrinville in the Lund Building at 18401 76th Avenue from 6:00 — 8:00 p.m. The focus of this meeting will be how residents envision Edmonds. Councilmember Wilson recalled a presentation was made to the Finance Committee regarding installing internet service in the Council Chambers and hoped to move that forward as expeditiously as possible. Councilmember Peterson announced upcoming performances at the Edmonds Center for the Arts including the Seattle Men's Chorus on March 27 and Joan Osborne on April 24 as well as many other great shows. Further information is available at EC4Arts.org. Councilmember Fraley - Monillas looked forward to meeting residents from the Perrinville area on Friday and hearing how they envisioned the City. Councilmember Plunkett thanked Councilmember Buckshnis for her presentation on Adopt a Park, commenting it showed what could be done. As an example of her statement that well maintained parks reflect the condition of the city, he recalled the cleanup of Bryant Park in New York City resulted in the cleanup of the surrounding neighborhood. 13. ADJOURN With no further business, the Council meeting was adjourned at 9:56 p.m. Edmonds City Council Approved Minutes March 23, 2010 Page 14