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01/27/2009 City CouncilJanuary 27, 2009 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor D. J. Wilson, Council President Michael Plunkett, Councilmember Peggy Pritchard Olson, Councilmember Steve Bernheim, Councilmember Dave Orvis, Councilmember Ron Wambolt, Councilmember Strom Peterson, Councilmember ALSO PRESENT Grace Guenther, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Tom Tomberg, Fire Chief Gerry Gannon, Assistant Police Chief Duane Bowman, Development Services Director Stephen Clifton, Community Services /Economic Development Director Brian McIntosh, Parks & Recreation Director Noel Miller, Public Works Director Rob Chave, Planning Manager Doug Fair, Municipal Court Judge Joan Ferebee, Court Administrator Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS Council President Wilson requested Item E be removed from the Consent Agenda. COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF JANUARY 17, 2009. C. APPROVAL OF CITY COUNCIL MEETING MINUTES OF JANUARY 20, 2009. D. APPROVAL OF CLAIM CHECKS #109396 THROUGH #109514 FOR JANUARY 22, 2009 IN THE AMOUNT OF $1,494,185.54. F. AUTHORIZATION FOR THE MAYOR TO SIGN AN AMENDMENT TO WSDOT AGREEMENT NO. DP00994 TO ACCOMMODATE CITY OF EDMONDS PAYING POLE ATTACHMENT FEES. Edmonds City Council Approved Minutes January 27, 2009 Page 1 G. ADOPTION OF ORDINANCE NO. 3723 AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE, SECTION 21.55.007 REGARDING THE DEFINITION OF LOCAL PUBLIC FACILITIES AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. ITEM E: COMMUNITY SERVICES AND ECONOMIC DEVELOPMENT QUARTERLY REPORT — JANUARY. 2009. Council President Wilson asked Community Services /Economic Development Director Stephen Clifton to highlight work he does on the City's behalf with regard to economic development. Mr. Clifton highlighted three projects, first the Highway 99 enhancement project, adding street light fixtures and artwork along a portion of Highway 99 through the International District. An order of the poles has been submitted and they should be received within 12 -1.4 weeks. Once received, contractor bids for installation will be solicited. It is hoped that installation will be completed this summer. A second activity, Executive Assistant Cindi. Cruz and he wrote the narrative, submitted pictures and prepared advertisements for tourism brochures, website and community calendar of events. They prepared and submitted advertisements for the 2009 Greater Seattle InfoGuide, the Snohomish County Visitor's Guide, the Community Trade and Economic Development Official Tourism Guide, and the Washington State Hotel and Lodging Association Official Tourism Guide. They also submitted information and images for ExperienceWA.com, Washington State's official tourism website and Ms. Cruz created and printed the 2009 City of Edmonds Community Calendar of Events which is displayed throughout the City. He is also working with 425Magazine, a magazine for the 425 area code (the eastside of Lake Washington), who is interested in featuring Edmonds in a spring issue. In addition due to the Chamber's interest in exploring the formation of a business improvement area in downtown Edmonds, the Chamber of Commerce, Downtown Edmonds Merchants Association, the Council and he met with a specialist who assisted Seattle with the formation of business improvement areas. Councilmember Bernheim also highlighted the removal of the Unocal. Pier, anticipated to be valuable to tourism . by improving the sight line. Mr. Clifton explained most of the Unocal Pier has been removed with the exception of the platform out in the water. His informal contact with people at Marina Beach about the pier has been very positive as the removal has opened up the Marina Beach shoreline. COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, FOR APPROVAL OF ITEM E. MOTION CARRIED UNANIMOUSLY. 3. MUNICIPAL COURT ANNUAL REPORT. Municipal Court Judge Doug Fair thanked Court Administrator Joan Ferebee for providing the numbers and collating the reports. He also thanked Finance Director Kathleen Junglov and City Clerk Sandy Chase for their assistance. He recalled in past years he has given his report in October, November or December. He asked to continue to provide his report in January because it allows collation of a full year's data and a year -to -year comparison based on end -of -the -year figures. He displayed a comparison of year -to -year filings, noting 2008 was a record year for filings: 7,782, the most since he has been the City's Judge. The biggest increase was in infractions; the Police Department wrote 48% more traffic infractions in 2008 than in 2007. He recalled there were training and officer injury issues in 2007, however, 39% more infractions were written in 2008 than in 2006 and 62% more than in 2005. He was unsure whether the Police Department would sustain this increase. He explained if the Council approved red light cameras, it would not increase traffic infractions but would increase parking infractions because red light Edmonds City Council Approved Minutes January 27, 2009 Page 2 violations are tracked as parking infractions. He relayed Assistant Police Chief Gannon's estimate of a 400 /month increase in parking infractions or 4,800 /year with the installation of red light cameras. With regard to criminal filings, he noted there was an increase in DUI cases of 9 %, an 18% increase in criminal traffic cases and a 23% increase in criminal non - traffic cases. Overall criminal filings increased by 16% over 2007 and 23% over 2006. The court has absorbed all the increases in past years without any increase in staffing or adjustment in hours. If the Municipal Court is able to do e- ticketing in the next 1 -2 years, he anticipated the Court could continue to absorb the increases. He explained with e- ticketing, the officer entered the data, downloaded it to a server, and the Court uploaded the information rather than re- entering the data. He anticipated criminal filings would remain at current levels or slightly increase in 2009 for two reasons, 1) the street crimes unit was now staffed, and 2) the Snohomish County Prosecuting Attorney is now referring back small felonies, below $1,000, to cities for filing; the current threshold is $250. He estimated an additional 40- 100 cases per year would be filed in Municipal Court rather than Snohomish County. He explained the street crimes unit was a community policing concept whereby the unit was dispatched to problem areas in the City. He anticipated this would result in more misdemeanor filings. Judge Fair displayed a chart comparing gross revenue year -to -year; $1.2 million in 2008, $1 million in 2007, $949,000 in 2006 and $717,000 in 2005, an approximately 70% increase since 2005 when he became the Judge. He displayed a comparison of net revenues, the amount left after the State is provided all their mandatory fees, $827,864. Expenses for 2008 totaled $693,770. He summarized revenues exceeded expenses by approximately $130,000. Although it appeared the Court was making money, there are approximately $900,000 in other costs associated with the Court such as the Prosecuting Attorney and Public Defender which are paid from the Executive budget and the jail which is paid from the Police budget. He noted regardless of whether the City retained the Municipal Court or returned to South District Court, there would still be costs for a Prosecutor, Public Defender and the jail. Next, he displayed a comparison of passport revenue 2005 to 2008. In response to an inquiry by Councilmember Bernheim whether this was a net revenue, he acknowledged expenses for postage of approximately $1800 and 1 /7t" of one staff person to process passports (approximately $8,700). He pointed out the staff person did not only process passports, he /she did other work as well. He displayed Electronic Home Monitoring (EHM) Usage 2005 to 2008, noting the savings in jail days was 1,465; however the jail savings was down from previous years. He was uncertain of the cause, noting he had not changed his policy of routinely offering EHM and community service on the majority of cases. He noted the report showed 2,460 days were saved; which reflects savings via probation, a non - contract program the City uses due to issues with EHM and Quest phone service, and the use of SCRAM, an alcohol monitoring bracelet. He summarized the EHM program and SCRAM saved approximately $147,000; with the addition of community service, the total in jail days savings was $167,000. He reviewed 2007 Fines & Forfeitures versus court revenue in response to a question from a citizen regarding the difference between $512,529 in fines and forfeitures and his report of court revenues of $759,000. He provided a list of revenues considered fines, fees and forfeitures and other funds the court collects. He noted judicial salary contribution from the State, passports and naturalization fees, adult probation service charge were all examples of court revenues. He noted the same was true for 2008. He also described the difference in the calculation of revenue by the Court and the Administrative Office of the Courts (AOC) due to items AOC counts as revenue that the Court does not, a difference of approximately $3,400 or .004 %. He recalled the issue of bail arose during the year. He explained until August 2008 he had a policy of no bail on DUI cases. After a presentation by the jail, talking with Mayor Haakenson and consulting with other courts in the area, he discovered he was the only court in Snohomish County that had no bail on DUI cases. He made a Edmonds City Council Approved Minutes January 27, 2009 Page 3 decision to institute a policy of $2500 bail instead of no bail on all DUI cases. He noted the resulting savings in jail costs were minuscule; even if it was assumed every person bailed out and one day of jail time was saved, the 139 DUI cases would have saved the City approximately $8300 - $8400. He still maintains a no bail policy on domestic violence cases because they are inherently dangerous and he did not want people released without a court order or opportunity for a domestic violence no contact order where appropriate. He reviews every booking arrest (someone held in jail) every single day, 365 days /year including Christmas, Thanksgiving and New Years. He noted court rules only required they be reviewed within 48 hours; he believed it should be done as soon as practical in every case. His review considered their criminal history and booking report and he made a determination whether bail should be posted, released on personal recognizance or bail lowered. Judge Fair hoped to implement a video hearing program within the next year, noting Snohomish County has taken the lead on the program and have a February deadline for submittal of bids and cost estimates. If implemented, he expected the jail transport budget to be reduced and possibly some small savings in jail costs. He noted the savings would not impact his operational budget because it did not include the jail. Mayor Haakenson recalled the City participated in several statewide seatbelt emphasis patrols in 2008 and asked if that would account for the increase in infractions. Judge Fair acknowledged there had been an increase in seatbelt infractions but the increase was likely due to the City's two motorcycle officers who write approximately 1.300 -1700 citations each per year. Councilmember Wambolt inquired about the offer in Judge Fair's report to provide an analysis of the costibenefit of keeping the court and asked when that would be provided. Judge Fair responded the Council planned to convene a committee and he was waiting for direction from the committee. Councilmember Wambolt referred to a column in the report entitled adjusted appropriation. Ms. Ferebee answered that reflected the mid -year budget adjustment. Councilmember Wambolt suggested using the original budget figures. Councilmember Orvis asked what constituted a small felony and why the Prosecuting Attorney was referring them to the Municipal Court who handled misdemeanors. Judge Fair agreed the Municipal Court handled only misdemeanors. Due to Snohomish County's limited resources, they adjusted their priorities to violent felony offenses against persons, making non - violent a lower priority. The Snohomish County Prosecutor's Office cut 6 -8 Deputy Prosecutors including 3 from the non - violent filing program. Because Snohomish County was unable to file all the cases, a decision was made to refer felonies below $1000 to the cities for prosecution. He explained Snohomish County has had a policy that a low level offender or first time offender received an expedited felony; it was filed in District Court as felony filing on a criminal complaint. The defendant is then given 21 days to decide whether to plead guilty to the amended complaint of attempted which is a gross misdemeanor or take the case to trial. Snohomish County is eliminating that program because it requires County resources and instead are doing an expedited filing using the City Municipal Courts. He commented this would not have as large an impact on Edmonds because the City did not have a mall; conversely, cities like Lynwood and Everett would have hundreds of cases referred to their Municipal Court. He anticipated Edmonds would have 60 -100 cases referred. Councilmember Orvis thanked Judge Fair for clarifying his no bail policy, commenting it was actually a no instant bail policy. Judge Fair explained when he first became judge, he encountered 3 -4 cases where the person received their 4th or 5t' DUI. Their bail was $1,000 which required only that they pay a bondsman $100 and provide the title to an old car to bond out. He noted the person then was bonded out with no conditions by the court and they were expected to show up for arraignment which they often did not. That was the reason he instituted a no bail policy. Edmonds City Council Approved Minutes January 27, 2009 Page 4 Councilmember Bernheim advised Councilmember Peterson and he would be working with Judge Fair over the coming year to review the Municipal Court. He remarked if the City's jail bookings and costs continued to increase, the City would need to take funds from other valued programs or possibly consider prioritizing jail bookings. He supported reducing jail bookings that were not absolutely necessary. Other than that, he viewed the Municipal Court operations as an outstanding service to the community. He noted there was no rush to review the court and there was time to gather data. Judge Fair responded the review needed to be done fairly quickly for two reasons, 1) he was up for election this year and he was not interested in being elected to a court that would not exist next year, and 2) the City must make a decision before February 2010 whether they wanted to participate in the District Court to allow the County time to prepare. Councilmember Bernheim asked whether making a decision over a four month period would be adequate. Judge Fair answered the sooner the better, four months would be satisfactory. With regard to bookings, Judge Fair explained the Police Department prioritized what was booked. There were only two mandatory bookings, DUI and domestic violence. The rest depend on history of appearances, interaction, dangerousness of the person, etc. He noted the vast majority of cases were cited and released, estimating a ratio of 4:1. Councilmember Bernheim asked the Police Department to provide those figures. Council President Wilson suggested because Councilmember Bernheim and Councilmember Peterson were on the Public Safety Committee and the Municipal Court Review Committee, that the Court be a topic of discussion at the next 3 -4 Public Safety Committee meetings. 4. REPORT FROM THE HISTORIC PRESERVATION COMMISSION REGARDING 555 MAIN STREET. Andy Eccleshall, Chair of the Edmonds Historic Preservation Commission (HPC), recalled an attempt was made last year to organize moving the house at 555 Main with financing from the South Snohomish County Historical Society to the playfields. After setback issues arose, the Historical Society decided not to pursue a move and the property owner looked to private property owners for interest in the house. There were several interested parties; however, as the economic climate changed, the property owners felt it was not the time to begin a project of this type and decided to place the house on the market. The owner indicated there has been some interest in the property but anticipated the house would be leased for another year. At this time it appears the Bettinger house may have had a reprieve; however, if the house were sold to a commercial interest rather than residential, the same situation may be faced again. While the current owner was extremely patient and interested in preserving the house, the next owner may not. The primary lesson from this experience was the vulnerability of old properties. Struggling to save a building after it was already slated for sale or demolition was too late; prevention by establishing appropriate incentives or adopting real protections was the only viable, long term action. Mr. Eccleshall explained in his home town in England, the majority of the architectural history was allowed to disappear in the 1960s and 1970s. He anticipated the experience with the Bettinger house would reoccur regularly in Edmonds as historic buildings downtown were put up for sale because historic buildings in the downtown core have no protection against removal or redevelopment at this time and the City relies on the altruism of well - meaning citizens. He commented there were several options that should be discussed but the most important aspect of any preservation plan was the support and commitment of the residents and the City. The architecture and the street layout of downtown tell a story of its inception and development; the character and scale of buildings and the eclectic mix of architecture are an integral part of its appeal and one of the major reasons people are drawn here to shop and live. The HPC looked at Seattle and Everett's approach to similar situations in historic neighborhoods. One approach is establishing Historic Overlay Districts. Design guideline, building codes and restrictions are imposed upon themselves by the residents of a neighborhood. This limits the type of construction that can occur within a Edmonds City Council Approved Minutes January 27, 2009 Page 5 neighborhood and shows the residents are able to maintain the general character and architectural integrity of the area. This option would be up to and initiated by the residents. The HPC can help facilitate the process and they plan to investigate it further in the coming months. Another option is a Historical District, an area designated by the City as historically important which would help preserve the historic structures in that area. Mr. Eccleshall clarified the members of the HPC were not against progress and development; they only suggest that development needs to happen carefully and with a respectful eye to history. He suggested considering adaptive reuse before replacement and in these times of environmental awareness, it should be stressed there was no greener building than one that currently exists. Another option could be landmark designation. If the City feels a particular structure is integral to the character and history, the city can designate that structure as a landmark which makes demolition more difficult, again encouraging adaptive reuse. He acknowledged everyone was protective of property rights; any solution that satisfies the need for development and the desire to preserve Edmonds would ultimately come from the residents and not the City. Unless this issue was seriously considered, options researched and decisions made, the character of the City would be lost and become just another faceless suburban town indistinguishable from others. The City and its residents need to decide what they want their future to look like. In the coming months, the Edmonds HPC will look into these options and attempt to get feedback from residents regarding what direction they want to proceed. He announced the addition of four new properties to the Edmonds Historic Register and encouraged all owners of historic property to look into the benefits of registration. The HPC planned to contact owners of historic properties in the coming months to discuss this option and provide further details regarding the registration process. Preservation of historic resources is not something that can be accomplished by the HPC alone; support of the City and its commitment to pursue solutions is vital to the success of any of these efforts. Councilmember Orvis asked when the options would be presented to the Council. Mr. Eccleshall anticipated three months would be enough time to engage public response. Councilmember Bernheim invited residents, business people and property owners to contact individual Councilmembers with ideas, commenting in the historic districts he was familiar with, it was the residents who promoted it. Mr. Eccleshall commented many assumed there was a conflict between preservation and progress. One of the reasons people came to Edmonds was its character; if the character was lost, that draw would be lost. Councilmember Plunkett thanked Mr. Eccleshall for his presentation and recognized Historic Preservation Commissioners Steve Waite and Susan Bauer in the audience. 5. AUDIENCE COMMENTS Dave Page, Edmonds, congratulated Councilmember Peterson on his appointment to the Council, commenting he was astounded by the quality of the candidates and their interest in serving because they wanted to contribute. He noted that many people willing to serve on the Council said something positive about democracy, that this City was able to create that type of interest. He felt positive about the future because of the quality of the candidates and the Council's selection of Councilmember Peterson. Rich Bisbee, Edmonds, Sustainable Edmonds, commended the Council for moving forward with recognizing the broader issues of climate change and CO2 emissions. He looked forward to the possibility of partnering with the City on events. David Thorpe, Edmonds, thanked the Council and City for the opportunity to apply for the Council vacancy, noting it was a learning experience. He commented the Disaster Plan was very well done, particularly the Edmonds City Council Approved Minutes January 27, 2009 Page 6 Human Resources personnel organizing volunteers during emergencies and suggested that could be expanded into a program beyond disaster recovery. He expressed appreciation for Councilmember Bernheim's suggestion to omit the old Woodway High School site in the aquatic study. He acknowledged Public Works staff, Public Works Director Noel Miller and Assistant Police Chief Gannon for their efforts in the Shell Valley community during the ice and snow; the park was open and residents were able to access their homes. Also the City's streets were in much better condition than was experienced in Seattle. He provided a quote from Jim Ellis, a pioneer in Lake Washington cleanup, from a book by Emmett Watson, Digressions of the Native Son, "We have the means and talent to create a city we want within our time. Young men and women looking for a cause beyond self can find it here. The cause is the rallying of factions, sections, races and classes to build a whole city, a city which will serve the needs of man and lie well in the arms of the land." Roger Hertrich, Edmonds, recalled during the Council interviews he mentioned the budget and the $300,000 surplus. He suggested the Council be provided a weekly report on the City's financial condition. With regard to the aquatic study, he expressed concern with the $87,000 cost, particularly when the Port was investigating the possibility of a pool on their property. He preferred to wait until the Port had completed their investigation. He referred to a recent Supreme Court decision regarding property rights, questioning whether the performance standards infringed on property rights. He commented many of the performance standards were arbitrary and did not represent a true problem, for example restricting the number of vehicles to five and recreational vehicles to two. He summarized the performance standards did not represent the community feeling. He pointed out the noise standard required noise be muffled so that it was not objectionable, yet there was no definition of objectionable. He concluded the performance standards were not ready for a public hearing. He referred to Judge Fair's report and said there should not be any offense that a person could not bail out on. Susan Blaylock, Edmonds, announced she was launching a campaign this week to save the house at 555 Main Street by mobilizing the community, particularly major donors in the community and the Seattle area, to purchase the house and turn it into a non - profit center that she had tentatively named the Center for Creative and Humanitarian Endeavors. She planned to lease the house for the purpose of bringing potential donors to the house. Her background includes fundraising and non -profit management and she has a passion for Edmonds and historic houses. She offered to share the concept paper she developed, explaining she envisioned the house as an intimate space for discussing solutions to community problems from the environment to health and wellness, arts and humanities, and global understanding. The house would be an excellent venue for high level speakers to address local and global issues. She looked forward to sharing her plans with the Council. 6. CITY OF EDMONDS DISASTER RECOVERY PLAN. Community Services /Economic Development Director Stephen Clifton explained over the past 18 months, he has has been working with the Emergency Services Coordinating Agency (ESCA), who assists cities in Southwest Snohomish County with coordinating activities related to disaster response and recovery. Under ESCA's guidance, City Directors, Mayor Haakenson and he prepared the City's first Disaster Recovery Plan. If adopted by the Council, it would serve as a guide during the recovery phase of a disaster. He thanked Mayor Haakenson, his fellow directors and Lynn Gross, ESCA, for their assistance with developing the plan. He noted only 10% of jurisdictions nationally have adopted Disaster Recovery Plans and if adopted, Edmonds will be the first in Snohomish County. He explained the City had an Emergency Management Plan that served as an initial response plan. The Disaster Recovery Plan addressed restoration of damaged or destroyed public facilities and infrastructure as well as coordination of available services and assistance to businesses and citizens impacted by a disaster following the initial response. The purpose of the plan was to provide efficient coordination and policy guidance during the disaster recovery process; anticipate what will be needed to restore the City to full function as rapidly as possible; maximize effective recovery by facilitating and improving the flow of information and coordination; Edmonds City Council Approved Minutes January 27, 2009 Page 7 provide for effective mobilization, deployment, utilization, tracking and demobilization of recovery resources; and enhance and coordinate recovery intelligence gathering and information sharing capabilities. The plan describes activities that may be required to manage a recovery process, defines the responsibility of City staff and elected officials and provides guidelines for the assessments of long term needs such as shelter, housing, community security, public information, debris management, restoration of public facilities, etc. The plan is based on information available at the time of its development and is intended to provide flexibility in order to comply with current government standards and standards changed in the future. Mr. Clifton explained the Mayor has the primary responsibility for oversight and management of a recovery process. The City Council is responsible for maintaining continuity of government, instituting emergency and special ordinances and resolutions, appropriating funds as necessary to meet emergency needs and meeting with dignitaries. City staff is responsible for their usual duties as well as the recovery projects and program assigned by the Mayor. As the Community Services /Economic Development Director, Mr. Clifton serves as the Disaster Recovery Coordinator and the Chair of the Disaster Recovery Task Force. The Task Force is comprised of all Department Directors. ESCA maintains a support advisory role in the Recovery Task Force. This plan is closely linked to the City's Emergency Operations Plan. He noted during the recovery it was important to consider the City's Comprehensive Plan, Capital Improvement Plan, Public Works Mutual Aid Agreement and Pre- Disaster Mitigation Plan. Revisions and amendments may be made to the Disaster Recovery Plan at any time to correct any deficiencies and to accommodate changes in the community or the City organization. Approval of the ordinance in the packet would adopt the Disaster Recovery Plan. He noted Fire Chief Tomberg was present to answer questions. COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, FOR APPROVAL OF ORDINANCE NO. 3724, ADOPTING THE DISASTER RECOVERY PLAN. Councilmember Bemheim proposed a revision to the plan, expressing concern that the language in the third bullet in paragraph 7 on page 16, "Institute emergency or special ordinances and resolutions recommended by staff," which inferred the Council would approve whatever staff recommends. COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO REPLACE THE THIRD BULLET IN PARAGRAPH 7 ON PAGE 16 WITH "PROMULGATE REQUIRED EMERGENCY OR SPECIAL ORDINANCES OR RESOLUTIONS." Councilmember Peterson advised he would vote against the amendment, noting he would trust Fire Chief Tomberg or the Building Official's advice over his ideas with regard to the safety of a structure. He had faith in staff in an emergency. Councilmember Plunkett expressed support for the amendment, commenting he would not surrender his responsibilities as a Councilmember to staff in an emergency situation or in any situation. He assured he would take staff's recommendation. He offered a friendly amendment: "recommended by staff and /or promulgate required emergency or special ordinances or resolutions." Council President Wilson pointed out nothing in this document abdicated the Council's authority to make decisions regardless of staff's recommendation. He found no substantive difference between Councilmember Bernheim's recommendation and the language proposed in the Plan. He intended to vote against the amendment. Councilmember Bernheim commented this would not be during an emergency, it would be during recovery. He noted the objective of the Disaster Recovery Plan was to decide ahead of time what would be done. During Edmonds City Council Approved Minutes January 27, 2009 Page 8 disaster recovery, he did not support proceeding with staff's recommendation without the Council exercising its independent responsibility. It was the role of the Council to establish policy and the administration to execute those policies. He was uncomfortable with the Council acknowledging in a document that the Executive would be obeyed. He supported Council considering staffs recommendations within the course of its responsibilities. Mayor Haakenson suggested replacing "Institute" with "Consider." The motion was restated as follows: REWORD THE THIRD BULLET IN PARAGRAPH 7 TO READ, "CONSIDER EMERGENCY OR SPECIAL ORDINANCES AND RESOLUTIONS RECOMMENDED BY STAFF." MOTION CARRIED UNANIMOUSLY. Councilmember Bernheim suggested another revision to page 21 to add one Councilmember to the Recovery Task Force and that the person appointed by the Council ahead of time so that they could participate in planning of the Recovery Task Force. Mayor Haakenson referred to language that the Mayor may designate an alternate Disaster Recovery Coordinator and suggested that language be changed to read at the time of a disaster recovery event, the Mayor will ask for a City Councilmember to participate. Councilmember Bernheim preferred the Task Force consist of Community Services/ Economic Development Director, Development Services Director, Fire Chief, Police Chief, Public Works Director, City Engineer, Administrative Services Director, Parks and Recreation Director, Human Resources Director, and one Councilmember appointed by the City Council. Council President Wilson suggested the Councilmember be either the Council President or the Council President Pro Tem. Councilmember Bernheim agreed. Councilmember Bernheim requested "accidents" be added prior to "acts of terrorism" the first Whereas in the ordinance, noting train accidents, natural gas explosions, etc. were one of the reasons for developing the Disaster Recovery Plan. Mayor Haakenson agreed staff would add that language. Council President Wilson suggested these minor amendments could have been addressed by Councilmember Bernheim by calling the Mayor or staff. MOTION CARRIED UNANIMOUSLY. Mayor Haakenson commented the Disaster Recovery Plan would be invaluable following an earthquake which this area would undoubtedly experience. I��i�L�lt.`1�I.Y.`I��]►[i � ' :_ � ' :._ ' : �]��l% /�►[�1�f.Yll7:l�l l:: _ `Z�l'ill.[�]�i.`l� Development Services Director Duane Bowman recalled a number of concerns were raised at the November 1.8 meeting when this topic was discussed and the Council asked staff and the City Attorney to review the comments and make revisions to the Property Performance Standards in ECDC Chapter 17.60. The three key issues raised at the November 18 meeting were in regard to screening, lights and parking. With regard to lighting, he advised lighting complaints arise approximately three times a year and typically the Code Enforcement Officer contacts the property owner to ask that the light be screened and the problem is resolved by adding a screen or shield. Based on Council comments he drafted the following language, "external lighting shall be directed and/or shielded appropriately to avoid creating a nuisance or hazard to passing traffic and neighboring properties" which would replace the current language in the code, "lighting shall not be used in such a manner that produces glare on public streets, highways and neighboring property." Edmonds City Council Approved Minutes January 27, 2009 Page 9 With regard to questions raised by Councilmember Bernheim about the definition of nuisance, he noted although there was a technical definition of nuisance, he was unsure that level of detail was necessary particularly when most lighting complaints were resolved quickly. Another option would be "external lights shall be shielded, trained or directed in a manner which minimizes glare on adjacent property or passing traffic." Staff also revised the particulate matter based on the Council's discussion and the City Attorney's recommendation. With regard to screening in the open storage section, language was added regarding side or rear yard and screened by a minimum of a 6 -foot high fence or solid vegetative barrier. Next, in 17.60.040 Vehicles in Residential Zones, he pointed out there were exceptions to the five car limitation for motor vehicles parked inside a lawfully permitted and constructed building or screened behind a 6 -foot high solid fence or vegetative barrier. Unscreened cars outside a building were limited to a maximum of five. With regard to screening of RVs, language was added to define screening as a minimum of a 6 -foot high solid fence or vegetative barrier. A definition of recreational vehicle was also added. In response to the issue raised regarding improved parking surface, language was added to subsection d that for the purposes of this chapter "improved parking surface" means any parking surface that has been altered from a natural state with an approved construction material for the purpose of parking or storing of vehicles. He concluded if the Council was ready to proceed, staff planned to advertise for another public hearing due to the changes that were made to the standards. Councilmember Orvis asked whether grasscrete would be considered an appropriate parking surface. Mr. Bowman answered yes. Councilmember Orvis commented he did not want to force residents to install impervious surfaces on their property. COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCIL PRESIDENT WILSON, TO DIRECT STAFF TO FINALIZE THE ORDINANCE AND SET A DATE FOR A PUBLIC HEARING ON THE REVISED ORDINANCE IN FEBRUARY 2009. Councilmember Bernheim commented too much staff time had been devoted to the issue of aesthetics in neighborhoods, particularly when the City had much more serious problems to address such as Sustainability, green building codes, etc. He anticipated the revised performance standards would make little difference in the way the community looked and requiring a paved area in a resident's yard to park an RV or car was counterproductive. MOTION CARRIED (6 -1.), COUNCILMEMBER BERNHEIM VOTING NO. 8. WORK SESSION ON THE DRAFT SUSTAINABILITY ELEMENT OF THE COMPREHENSIVE PLAN. Planning Manager Rob Chave explained the concept has been reviewed at the Community Services/ Development Services Committee. This was the beginning of the process of developing a new Sustainability Element for the Comprehensive Plan. If the Council approves the overall concept, it would be forwarded to the Planning Board and the Board would deliver an updated draft to the Council for consideration for adoption. It was hoped that could be accomplished this year and adopted with this year's Comprehensive Plan update cycle. Adoption of a Sustainability Element would help solidify other efforts underway such as the Mayor's Climate Protection Committee and echo the environmental principles the Council adopted last year as well as tie together several other initiatives. The Sustainability Element also sets the stage for updates the City must complete by 2011. . The Transportation Plan and the Bikeway and Walkway Plans would be updated in 2009 and several major updates are scheduled in 2011. This was a window of opportunity to incorporate sustainability concepts Edmonds City Council Approved Minutes January 27, 2009 Page 10 into the Plan so that they could be used for the updates of the other elements. Another advantage of developing a Sustainability Element this year was there were no private amendment requests. Mr. Chave concluded the materials provided to the Council were simply an outline of the element. Staff was seeking consensus that this was the right topic and range of issues to be pursued. He noted the amount of detail. in Section 1 was an example of the amount of detail regarding policies, program, etc. that the remainder of the element would contain. He referred to an outline of issues likely to arise in the 2010/2011 update as each element was updated to reflect sustainability issues. He emphasized this was an opportunity for the Council to begin thinking about how the various plans and processes work together. For example, the Council saw various plans and budgets throughout the years that are interrelated. He emphasized strategic planning early in the year could have a profound impact on other plans reviewed later in the year, particularly the budget. He sought the Council's comments and suggestion and direction before forwarding the plan to the Planning Board. Council President Wilson advised the Community Services /Development Services Committee comprised of Councilmember Olson and he have reviewed the concept a few times and recognize it as an ambitious step both as a policy and process to pull together all the threads within the Comprehensive Plan, the budget, etc. He questioned if the Planning Board felt this element was achievable and if the scope of work in the plan was too ambitious. Mr. Chave answered once sustainability was considered, the historical emphasis on roads was also brought into question for the future. For example a multimodal approach to level of service encompassed not only level of service of roads but also walkways, bikeways, transit, etc. and could result in something very different than only funding of roads. Further, once sustainability was considered, conventional wisdom must be questioned. For example conventional wisdom was that auto dealerships were the end -all of commercial development. However, the downside was a city was very vulnerable to economic downturns that negatively impacted auto dealerships. He noted statewide the automotive sector of retail sales was approximately 25% of overall sales tax revenues; in Edmonds it was approximately 58 %. Council President Wilson suggested the Planning Board engage groups like Sustainable Edmonds and Stevens Hospital and other physicians in the community health section to ensure it was a diverse element. Councilmember Peterson commented he was impressed with the document especially on an issue that many in Edmonds were passionate about. He noted that passion would reach fruition via actions by the City Council and many Councilmembers were anxious to work on aspects of the Comprehensive Plan. He noted the Council would be working on policies in the retreat as well as in the coming year and asked whether that occurring at the same time as the Planning Board's review was positive or negative. Mr. Chave viewed them as complimentary, noting the Planning Board did not like working in a void and appreciated any input/feedback from the Council. He urged the Council to provide feedback to the Planning Board as they developed policies. Councilmember Bemheim relayed suggestions from interest constituents: page 4, paragraph 3 regarding meeting Kyoto targets, he suggested in Item iv specifying in addition to green tags and the development of renewable energy sources, encourage residents to install alternative energy systems on their property and making information available on subsidies available from government and utility providers. He also suggested amendments be made to the building code that encourage construction of solar and wind generators. Mr. Chave clarified the three items on page 4 were included verbatim from the Mayor's agreement. He agreed with Councilmember Bemheim's suggestion, advising they could be incorporated into later sections regarding Edmonds specific goals. Edmonds City Council Approved Minutes January 27, 2009 Page I I Councilmember Bernheim referred to item xi and suggested adding without permitting trees to block access to sunlight for solar energy or passive solar heating or food production from gardening. Council President Wilson commented the Housing Element would be interesting as that was where the "rubber would meet the road." Mr. Chave advised the Housing Element would be updated in 2011. He remarked housing had generated a great deal of interest at the State level including potentiallegislation. It was the consensus of the Council to forward the draft to the Planning Board to develop a draft Sustainability Element for Council consideration and adoption later this year. 9. DISCUSSION REGARDING THE SWIMMING POOL STUDY. Councilmember Bernheim explained when the Council approved the swimming pool study, the Council minutes indicate Parks & Recreation Director Brian McIntosh and others stated the study would evaluate site options including the waterfront, Yost Park and the old Woodway High School. However, at the first citizens meeting it was announced the School Board had nixed the idea of a pool on the old Woodway High School site and Councilmember Wambolt determined the School Board had never authorized consideration of that site. In light of the unavailability of that site, the pool consultants and the Park Director proposed studying a generic flat site in the event one became available. His research identified only Madrona School and the civic playfield were of adequate size and it was unlikely an aquatic center would be located on either of those sites in the next five years. Councilmember Bernheim recommended asking the consultants to redirect their efforts and cease consideration of the old Woodway High School or a generic flat site and to put their creative efforts into more in -depth study of the remaining two sites including a second or third option for Yost Pool or identify the sites under consideration. He noted the contract included a clause for changes to additional work if conditions were encountered that were not anticipated, a revision to the scope of services and fees may be required. He concluded conditions had been encountered that were not anticipated and he recommended the Administration contact NECC Architecture to propose the time they devoted to the old Woodway High School site be directed to a more useful site. He proposed the Council adopt a resolution stating because the circumstances had changed, the Council ask the consultant to renegotiate and revise the consultancy contract to reallocate all resources that would have been devoted to studying the old Woodway High School site and devote those same resources to providing additional study of the remaining two options, or to reduce the contract price. Parks & Recreation Director Brian McIntosh responded the intent of the feasibility study was dialogue and information. In the past 20 years this topic comes up every 6 -7 years, a study is done and sites considered. He recalled at least eight different sites had been considered in the past. At the time the study was initiated, the waterfront site was unspecified. He felt it appropriate to include the old Woodway High School site because it was the last seriously considered site in the previous study. He reported the site analysis was complete, a very simple process whereby the advisory team spent approximately 30 minutes at the site, considered a standard list of factors, and compared it to the waterfront and Yost sites. He concluded very little time had been spent on the former Woodway High School site. Mr. McIntosh explained at this point a survey had not been conducted. A public meeting has been held, a stakeholders meeting was held, the advisory group has met and the consultant met with Harbor Square Athletic Club to discuss the possibility of a pool at that site. He was hopeful this study would not be placed on a shelf and that there would be some action taken. He stressed Yost Pool was at a point that a decision needed to be made regarding its future. At this point in the study, the consultants and the advisory team will refine their selections and provide 3 -4 concepts, likely Yost Pool and Harbor Square, and a second public meeting will be held. He concluded the small amount of time spent on the old Woodway High School site was not wasted because it was unknown whether another opportunity for that site would arise in the future. He noted the Edmonds City Council Approved Minutes January 27, 2009 Page 12 possibility of the Harbor Square site was unknown until the feasibility study began. He recalled in past studies a partnership with the YMCA was discussed as well as discussions with Stevens Hospital and commercial realtors. He agreed the consultant would not move forward with the old Woodway High School site because there had been no interest in that site and it was not available at this time. Council President Wilson commented if there had been interest in the old Woodway High School site, the scope of work would have included additional examination and additional costs would have been associated with that additional examination. He asked whether those resources would now be spent more thoroughly examining the other two sites. Mr. McIntosh answered the majority of the funding for the feasibility study was looking at the community as a whole including a marketing study, operational analysis, a preliminary evaluation and report on the existing facility, Yost Pool. At this point, the consultant will move forward with what appears to be the preferred locations, Yost Pool and Harbor Square Athletic Club partnership. He noted the Harbor Square Athletic Club may be able to provide the best of both worlds; an opportunity to swim year -round and an opportunity to keep the Yost experience. Council President Wilson asked whether the funds that would have been spent on old Woodway High School site would be used to more thoroughly examine the other two sites or be rebated. Mr. McIntosh answered in accordance with the scope of work, the study would have reached this point anyway and now the focus would be on the preferred site of Yost and a closer examination of Harbor Square. He concluded there would be no further examination of the old Woodway High School site. Council President Wilson concluded the logic made sense whether it was a flat property with a name or a generic flat property. He acknowledged the possibility of the Harbor Square site was a surprise. He was disappointed he did not understand previously that the old Woodway High School site was never a possibility because it had been implied that it was a site actively under consideration. Councilmember Wambolt recalled voting against spending money on the study. He did not believe Yost Pool would ever be an aquatic center and predicted the end result would be to refurbish Yost. He was disappointed the unavailability of the old Woodway High School site was not made clear because it was likely another Councilmember may have voted against the feasibility study. The Council should have been told the study was of a level site and that the old Woodway High School site was not a possibility. If any money could be saved by terminating the contract, that was his preference because he envisioned the study would only gather dust. Councilmember Plunkett recalled when a performing arts center was first discussed, Councilmembers and/or the community could have backed out; endeavors such as this took time and effort. When discussions first began regarding a performing arts center in 1998, many believed it would never happen. Today it brings in approximately $2.5 million in economic development to the community annually. He concluded an aquatic center would be good for the community and a good economic engine. Councilmember Wambolt pointed out 1998 was a very different time economically than today. COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, TO APPROVE THE RESOLUTION TO RENEGOTIATE THE CONTRACT AND CONSULT WITH THE CONSULTANT ABOUT THE CHANGED CIRCUMSTANCES. Councilmember Bernheim supported the study because there were many in the community interested in swimming and he supports a renovated Yost Pool. The objective of his resolution was to obtain options for Yost by diverting resources from old Woodway High School. He was not interested in dialogue and information; he was interested in a study of the feasibility. He likely would have voted against the study if he had known old Woodway High School was not a possibility and that changed the scope of what the Council agreed to. MOTION FAILED (2 -5), COUNCILMEMBERS BERNHEIM AND WAMBOLT VOTING IN FAVOR. Edmonds City Council Approved Minutes January 27, 2009 Page 13 10. COUNCIL REPORTS ON OUTSIDE COMMITTEE /BOARD MEETINGS. Council President Wilson advised he was appointed to the Community Transit Board; however, appointment to the Board required that he be elected. Marysville, Lynnwood and Edmonds share two seats, and a Marysville representative and he were elected to the Community Transit Board. Council President Wilson reported on the Lake Ballinger Forum meeting; they plan to ask the Legislature for $1 million in capital funds and $200,000 in operating funds. The Forum has learned a great deal of worthwhile information including that the dam at the south end of the lake that retains water can be lowered without any increased outflow into Lake Forest Park. Council President Wilson reported the Revenue Work Group met twice to consider the scope of a fall levy. He anticipated the Revenue Work Group would provide a recommendation to the Council at their retreat. Councilmember Plunkett reported the Historic Preservation Commission was originally slow in getting properties on the City's Historic Register; they now have added four more houses to the Register including Sue Bauer and Councilmember Bernheim's home. Councilmember Plunkett referred to the Outreach Committee's work plan, explaining there was an opportunity to upgrade the Channel 21 hardware with the Comcast agreement. The Outreach Committee has also discussed streaming Council meetings which requires a $25,000 - $30,000 investment. That is also a possibility with additional resources provided by Comcast. Councilmember Orvis attended two Health Board meetings this month. The Health District's website now contains the results of all restaurant inspections. He cautioned people not to look up their favorite restaurant, see a violation and refuse to go there in the future because all restaurants had problems that needed to be corrected. The standards were deliberately difficult and rarely did an inspection not identify a problem. The Health Board also held a mini - retreat; the Health Officer would like the Board to create a strategic plan. The strategic plan did not change what would happen if the Board did not obtain more funding; the Board would need to choose between programs that help disadvantaged kids and programs that affect the ability to control disease. Councilmember Bernheim requested citizens identify ways the City could improve outreach of information including Channel 21, the City's website and the possibility of polling via the City's website. Councilmember Wambolt reported Councilmember Peterson and he participated in interviews for four potential candidates for the Planning Board. Councilmember Wambolt reported on three Port meetings. The Port held a special meeting on January 5 with the Woodway Town Council to acquaint the Mayor and Council with Port operations. Woodway was seeking to have their citizens not pay Port taxes; they learned only the State could make that change. Woodway was seeking ways to solve their tax problems because they have even bigger problems than Edmonds. He advised Woodway was holding community meetings to seek input on reducing services or paying more property tax. The January 12 Port meeting included an update from Harbor Square Athletic Club representatives who are considering an aquatic center. The City is discussing with the Athletic Club the possibility of an aquatics center that could be used by citizens as well as Athletic Club members. The Port Commission also finalized the Executive Director's job description; Executive Director Chris Keuss plans to retire at the end of May. At the January 26 Port meeting, the Commission approved a request for bids for landscape improvements on the north and mid marina. Staff reported the waiting list for moorage has decreased from 167 to 111. BNSF plans to hold a meeting in February regarding the second set of tracks. BNSF stated in the past that the second set of tracks Edmonds City Council Approved Minutes January 27, 2009 Page 14 would be installed on the west side of the current tracks and installation would be done in a couple years. They are now planning to start installation of the tracks on the east side of the current tracks in the next few months. Councilmember Olson reported the South Snohomish Cities meeting was scheduled for Thursday, January 29. That group is looking at issues for the legislature that the cities share. 1.1. MAYOR'S COMMENTS Mayor Haakenson reported the Council would hold a very brief meeting next Tuesday at 7:00 p.m. and immediately following that meeting would be the initial Transportation Benefit District Board meeting consisting of the Council as the TBD Board. The agenda for the TBD will be available online and the same locations as the City Council Agenda. f 6�K1i1►[9li/[KAlu 1►VI 1-M Ky Council President Wilson announced Councilmember Plunkett had become engaged. Council President Wilson reported Mayor Haakenson and he received letters from Sound Disposal informing they had applied for a rate adjustment of approximately 15 -20 %. Council President Wilson distributed the agenda for the February 6 -7 Council retreat. He explained the retreat would begin with comments from the City Clerk, Finance and Human Resources followed by a budget review, first addressing budget challenges associated with economic development and tax increases. That will be followed by an examination of expense challenges. Due to logistical challenges with a working dinner, it was agreed to move the items to be discussed at the dinner (questionnaire, term of the Council President, and campaign finance reform) to the end of the day on Saturday. Saturday will focus on the conservation agenda for the year; particularly things that can be done that do not have cost impacts. He planned to provide the Council a questionnaire regarding their policy ideas and priorities for the coming year. Councilmember Wambolt inquired about Sound Disposal's rate increase. Mayor Haakenson responded it was a courtesy notification and if approved by the WUTC, the new rates would be effective March 1. He assumed there was opportunity for comment as Sound Disposal had only recently filed for the rate increase. Councilmember Peterson reported his first week and first meeting had been a great learning experience and he looked forward to learning more. Councilmember Bernheim reported he held a community meeting prior to the Council meeting and encouraged other Councilmembers to hold their own community meetings. With regard to Sound Disposal, he downsized to the smallest size garbage container and made efforts to reduce waste to reduce the cost of his garbage service. Councilmember Bernheim reported following the Council retreat, the Cascade Symphony Orchestra will present Babar the Elephant at the Edmonds Center for the Arts at 3:00 p.m. ![tom\I - 11111akNI With no further business, the Council meeting was adjourned at 9:28 p.m. Edmonds City Council Approved Minutes January 27, 2009 Page 15