Loading...
03/03/2009 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES March 3, 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 Gerry Gannon, Assistant Police Chief Duane Bowman, Development Services Director Brian McIntosh, Parks & Recreation Director Noel Miller, Public Works Director Bertrand Hauss, Transportation Engineer Rob English, City Engineer Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCIL PRESIDENT WILSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCIL PRESIDENT WILSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF FEBRUARY 24, 2009. C. APPROVAL OF CLAIM CHECKS #110081 THROUGH #110226 FOR FEBRUARY 26, 2009 IN THE AMOUNT OF $834,092.94. D. AUTHORIZATION FOR THE MAYOR TO SIGN AN AGREEMENT WITH CUES WEST, INC. FOR THE SOLE SOURCE PURCHASE OF ONE (1) SEWER TV TRUCK FOR THE PUBLIC WORKS DEPARTMENT. E. RESOLUTION NO. 1196 — REGARDING THE APPOINTMENT TO THE DIRECTOR OF ENVIRONMENTAL PROTECTION AGENCY, REGION X. Edmonds City Council Approved Minutes March 3, 2009 Page 1 3. PUBLIC HEARING REGARDING SR104 STRIPING AND PARADISE LANE CLOSURE. Transportation Engineer Bertrand Hauss explained in September 2008 the Washington State Department of Transportation (WSDOT) completed the SR104 striping project from 102nd Place to the SR104 split, converting the westbound right lane on SR104 from a general purpose lane to a ferry holding lane. Several movements were also restricted at the intersection of SR104 and Pine Street with the installation of a raised island as well as new striping. Movements that were restricted include the left turn westbound on Pine Street onto SR104, southbound SR104 onto Pine Street and through movements on Pine Street crossing SR104 from both directions. This project also included the closure of the east entrance into Paradise Lane from SR104. He displayed photographs of the changes made at SR104 & Pine Street. Since installation of the ferry holding lane, WSDOT as well as City staff have received numerous complaints /concerns regarding safety. The City requested WSDOT remove the ferry holding lane and return to the original condition. WSDOT has accepted that request and has scheduled removal in spring 2009. The City also requested crosshatch striping in front of driveways; that request is still pending with WSDOT. The turn restrictions on Pine Street will be retained. Staff recommends reopening the east entrance to Paradise Lane and allowing temporary closures during ferry queuing. When ferry queuing extends past Paradise Lane, staff has requested temporary closure via the use of temporary barricades which will create a safe area to distribute tally slips as well as reduce the potential for cutting during ferry queues. He displayed an aerial view of the tally slip procedure, explaining the ferry queue would line up in the westbound right lane and drivers in the ferry queue access the bus pullout lane to pickup a tally slip from a police officer. The temporary barricades and the tally slip process have been used approximately ten times during the past year. Once WSDOT has completed removal of the ferry holding lane, staff recommends the east entrance to Paradise Lane be reopened except on days when the tally slip system is in operation or the ferry queue blocks that intersection. Mayor Haakenson opened the public participation portion of the public hearing, advising the Council received letters from Heidi Schwab, Del Skinner and Ardell Morgan who are signed up to speak. The Council also received a letter from Diane Nasa requesting the striping be removed and Paradise Lane be reopened; and from Charlotte Poffenroth who summarized her statement with residents should recognize they live in a city and happen to live next to a state highway arterial that leads to a ferry terminal. Linda Mazzuca, Edmonds, explained the closure of the east entrance to Paradise Lane from SR104 created an unsafe entrance /exit and did not result in any positive improvement. She described semi - trucks delivering to the medical supply warehouse staging in front of her home and driveway to back into the warehouse's loading dock. She anticipated the only benefit of the closure was to the medical supply warehouse who now use the closed area as a parking lot. She described the dangerous exit from Paradise Lane onto SR104 that takes residents twice as long with only one westbound lane on SR104. She described difficulty seeing around the bus to enter SR104 particularly to turn left, explaining it was equally dangerous to turn right from SR104 onto Paradise Lane and there was the added the risk of a bus pulling out while a driver was turning on Paradise Lane. If a decision was made to retain the closure of Paradise Lane, she recommended the bus stop be moved to that area. She invited the Council to listen to residents, visit the area and make a left turn from Paradise Lane during rush hour and while a bus was stopped. She summarized her support for removing the Paradise Lane closure and the striping restricting the right lane to ferry traffic only. She was supportive of the striping in intersections and driveways to prevent ferry traffic blocking those entrances. Edmonds City Council Approved Minutes March 3, 2009 Page 2 Diane Ellis, Edmonds, concurred with staff s recommendation to reopen the east entrance to Paradise Lane. She commented on the difficulty entering and existing Paradise Lane in the current configuration. John McCormick, Edmonds, advised his business on Paradise Lane has six employees and daily delivery trucks. Since the slip lane was closed, access to his business was much safer and easier. He enumerated traffic patterns he observed prior to the closure: 1) traffic accessing the slip lane rarely use their turn signals, 2) traffic using the slip lane drive at speeds of 40 mph, 3) traffic accessing the slip lane ignore the posted yield sign and 4) on occasion drivers enter the slip lane from the wrong direction to access SR104. He explained the slip lane is essentially a one -way street with no one -way or do -not -enter signage. He questioned the need for two access points into this neighborhood. With regard to buses and visibility, the Paradise Lane bus stop was lightly used with approximately 15 minutes of total use in a 24 hour period. He summarized the residents of this neighborhood were opposed to the slip lane closure simply because it was inconvenient, taking them slightly longer to make a right -hand turn off SR104 onto Paradise Lane. He was the only person truly affected by the closure; he, his employees and delivery trucks could now safely enter and exit. He recommended the closure be permanent and the pylon markers be replaced or curbing be installed. Renee Roszkowski, Edmonds, described her apprehension when coming to nearly a complete stop in 40 mph traffic to make the turn from SR104 onto Paradise Lane. She expressed support for reopening the east entry to Paradise Lane because it was safer and allowed drivers to reach a slower speed more gradually. She was supportive of staffs recommendation. Paul Roszkowski, Edmonds, explained he uses the bus daily; since the re- striping, the bus lane is much narrower and he has heard many bus drivers remark on the difficulty accessing the bus lane particularly with ferry traffic in the right lane. He was supportive of the proposed plan. Brett Bowman, Edmonds, agreed with the proposed reopening of the westbound lane of SR104 and the east entrance to Paradise Lane. She echoed prior speakers' comments regarding the difficulty making a left turn from Paradise Lane due to the single lane of traffic and right turns from SR104 into Paradise Lane, particularly with the barrier in the road requiring sharp turns. She supported the tally system, remarking the periodic heavy ferry traffic did not merit year round closure of the right lane on SR104. She suggested if safety was a concern, consideration should be given to fixing the narrow sidewalk on the north side of Edmonds Way one block east of Paradise Lane. Councihnember Bernheim asked if the concern with making a right turn into Paradise Lane would exist if both westbound lanes on SR 104 were opened. She responded the concern was the barrier when making a left turn after the right turn off SR104 onto Paradise Lane. Arden Morgan, Edmonds, referred to her research of the Washington Administrative Code (WAC) and information she found that she provided to the Mayor and Council. She explained the WAC requires 230 feet of corner clearance for an entry and exit driveway. The WAC also requires an illuminated sign with 12 inch letters. She relayed the difficulty that bank customers experience with finding the entrance. She remarked if the east entrance were reopened, Mr. McCormick would need to identify an alternate parking lot. She summarized the intersection needed good lighting and easy access. Del Skinner, Edmonds, agreed with the proposal to remove the ferry holding lane, reopen Paradise Lane, and utilize the barricade system. In response to Councilmember Bemheim's question above, he explained that would not alleviate the problem because the turn from SR104 to Paradise Lane required drivers to slow to 5 mph. He noted the bus stop also created a hazard. Since the east entrance was closed, he was aware of nine near rear -end accidents, four of them his own, because the curve on SR104 prevented traffic from seeing drivers turning right onto Paradise Lane. Edmonds City Council Approved Minutes March 3, 2009 Page 3 Heidi Schwab, Edmonds, supported the proposed change. Her primary concern was safety; in the first two weeks of the change, she was nearly rear -ended five times and sideswiped three times turning into Paradise Lane. This problem was aggravated during the snow. She also commented on inadequate signage. She did not have a position on reopening the east entrance to Paradise Lane. Bob Thorondsen, Edmonds, commented the proposed change was the best and safest solution for the area. He remarked on Mr. McCormick's business using the closed area as a parking lot, pointing out Mr. McCormick knew when the building was constructed that the slip lane existed. He noted there were 60 single family homes and approximately 24 condominiums in the Paradise Lane community. He expressed concern the project was planned and completed without any public input, without any advance notice or public hearing by WSDOT or the City, and not even Community Transit was advised of the change. In response to a letter to the Council and Mayor last fall, he was told by the Mayor and WSDOT that the project's timing was perfect, funds were available and that was the reason there was no public notice. He asked why the project was allowed to proceed, recalling previously the Council voted not to close the slip lane and convert it to a micro -park. He also asked why there was no public notice to the community. He referred to Mayor Haakenson's op -ed piece last fall regarding residents opposed to change, commenting the best way to manage change was to involve the people affected by the change. Hearing no further comment, Mayor Haakenson closed the public participation portion of the public hearing. COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO APPROVE THE PERMANENT REOPENING OF THE EASTERN ENTRANCE TO PARADISE LANE. Councilmember Plunkett explained many Councilmembers were surprised when this project materialized and commended the community for their efforts which he asserted were what made the difference with the State and City administration. Councilmember Bernheim thanked the public for expressing their thoughts over the past several months. He referred to Mr. McCormick's comments regarding the dangers of the slip lane and suggested traffic enforcement to ensure traffic laws were followed and one -way and do- not -enter signs be installed. Council President Wilson commented without the public's involvement, it was unlikely this change would have been made. He agreed it was important to involve the public whenever change was proposed which did not occur in this situation. He recognized Mayor Haakenson and Councilmember Wambolt for their involvement in the resolution of this matter, particularly in view of the difficulty working with WSDOT. Councilmember Wambolt disagreed with Mr. McCormick's comment that the residents want the east entrance open due to convenience, pointing out the current situation was very unsafe. He reiterated before the medical supply business opened, the Council voted to keep the east entrance open. He relayed the City's frustration with WSDOT who did not inform the City of these changes before they were made. MOTION CARRIED UNANIMOUSLY. Mayor Haakenson clarified WSDOT sent the City an email stating they would begin striping SR104 in two days. The City had no prior knowledge of the changes and the result was not what the City had envisioned. He remarked on the difficulty working with WSDOT. He commended the Edmonds Police Department who developed the plan to open Paradise Lane and institute the ferry tally system. Edmonds City Council Approved Minutes March 3, 2009 Page 4 4. PUBLIC HEARING ON THE PLANNING BOARD RECOMMENDATION REGARDING AMENDMENTS TO CHAPTER 17.70 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE REGARDING TEMPORARY USES AND TEMPORARY BUILDINGS. Development Services Director Duane Bowman explained this matter had been reviewed by the Community Services /Development Services Committee at their January meeting and they recommended it be forwarded to the City Council for a public hearing. He reviewed the Planning Board's recommended changes to Chapter 17.70 within three categories, 1) allowing security units in RS zones to be good for one year, 2) allowing other temporary buildings to be reviewed administratively by the Development Services Director, along with extension requests and appeals would be to the Hearing Examiner, and 3) creating a new section regulating temporary storage units; establishing definitions; addressing cargo and shipping containers, and placement of temporary portable storage containers in residential zones; and regulations governing tents, tarps and canopy structures. The current code only allows security units for six months; there have been situations recently when a resident wants to live in their house while another house is being constructed on the site. Given construction complexities, staff proposed to extend that period to one year; the Planning Board concurred with that recommendation. He explained temporary buildings require a Conditional Use Permit, a process before the Hearing Examiner, and often the cost of the CUP exceeds the value of the temporary structure. Staff recommends temporary buildings be reviewed administratively with appeal to the Hearing Examiner. The Planning Board recommends approval of this change in Chapter 17.70.010. With regard to temporary storage, Mr. Bowman explained the City currently required a building permit for any structure with a roof over 120 square feet and it must comply with all applicable setback requirements. The proposed change would clarify issues that have arisen during code enforcement with regard to cargo storage containers or moving pods. The proposed change would also clarify the definition of tents, tarps and canopy structures that use plastic sheeting, canvas or other similar pliable materials to cover storage areas and or be used as garages or carports in residential zones. He displayed several examples of canopies covering recreational vehicles and boats in excess of 120 square feet and /or within the street setback. He also provided photographs of storage containers in excess of 120 square feet. He recalled the issue that resulted in the most discussion at the Planning Board was temporary storage; the question is what the Council wanted the City to look like. He clarified residents were not permitted to build a structure in the setback and thus should not be allowed to install large tent -like structures in the street setback. He noted if a building is over 120 square feet, the building code required a building permit be obtained. None of these temporary structures could obtain a building permit because they would not be able to meet the wind and snow load. Mayor Haakenson recognized Scout Troop 312 from Edmonds United Methodist Church in the audience, noting they are present working on obtaining a citizenship badge. Councilmember Orvis asked if a tent could be temporarily erected to work on a project. Mr. Bowman answered yes as long as it was less than 120 square feet. Councilmember Orvis assumed a tent would be considered an impervious surface. Mr. Bowman agreed, noting that was another reason they were regulated. For Councilmember Wambolt, Mr. Bowman explained a security unit was used to protect a construction site. The code currently allows security units for up to six months; staff has found most need to remain Edmonds City Council Approved Minutes March 3, 2009 Page 5 for a year. Councilmember Wambolt questioned whether 12 months would be long enough. Mr. Bowman responded a provision for an extension could be included. Councilmember Wambolt noted the chapter only referred to temporary storage units in single family zones and asked whether multi family zones should be addressed. Mr. Bowman answered the biggest problems are in the single family zone; development in the multi family zones does not leave much room for this type of structure. Council President Wilson inquired about the number of complaints the City receives annually regarding these structures. Mr. Bowman responded staff received 89 complaints from one resident. He reminded enforcement was by complaint only. Council President Wilson requested in the future staff provide the number of complaints they had received. Mr. Bowman answered there were currently 89 valid complaints filed 18 months ago that staff had delayed enforcement pending the Planning Board's recommendation and Council action. He explained typically when a temporary building exceeds 120 square feet, enforcement was based on building codes for a structure over 120 square feet. Mayor Haakenson explained there was a great deal of retribution when complaints are filed; a neighbor complained and then the person who is the subject of the complaint then complains about other residents who have the same type of violation. Councilmember Orvis pointed out language in Exhibit 4 addressed parties and weddings and would allow a larger temporary tent structure for a parry. Councilmember Bernheim asked whether there was a prohibition on canopies covering RVs in the current code. Mr. Bowman answered yes, if they were over 120 square feet, they required a building permit. Because of the spite complaints, staff froze enforcement action until the Planning Board and Council had an opportunity to review the matter. Councilmember Bernheim clarified a temporary structure over 120 square feet was not allowed under the current or proposed code. Mr. Bowman agreed, explaining the intent was to clarify the regulations. Councilmember Bernheim asked if a canopy over an RV would qualify as a building under the current code. Mr. Bowman answered they would not. They are considered temporary storage and are regulated by 17.170.035(4). Councilmember Bernheim observed that was new language and asked what language in the current code prohibited canopies. Mr. Bowman answered the 120 square foot requirement was in the building code. Councilmember Peterson asked if the building code also addressed the setback. Mr. Bowman stated building in the setback was addressed in the zoning code. He noted it was not consistent to prohibit a resident from building their garage out to the street, yet allow RVs under a tent -like structure in that location. Councilmember Peterson summarized the new language incorporated all the information in one place in the code. Mr. Bowman answered a structure under 120 square feet was treated as an accessory structure. Mayor Haakenson opened the public participation portion of the public hearing Roger Hertrich, Edmonds, referred to Planning Board Member Lovell's suggestion on page 2 of the Planning Board's November 12, 2008 minutes that 120 square feet be adjusted to be more reasonable and noting a common size was approximately 200 feet. The minutes reflect Mr. Bowman's comment that the International Building Code recently changed the size limit to 240 feet but the Edmonds code limits the size to 120 square feet and if the Planning Board wanted to change the number, revisions to Title 19 would be required. He questioned Mr. Bowman's continual reference to 120 square feet in the Edmonds City Council Approved Minutes March 3, 2009 Page 6 International Building Code when that had been changed to 240 feet and recommended the regulations for temporary storage units, 17.70.035(4), be revised to 240 square feet. He noted 89 complaints by one person indicates there are a lot of canopies being used in the City; the approximate value is $240. He noted if the canopy structure failed that was the property owners' loss. He recalled some Planning Board Members were concerned with regulating temporary structures 120 square feet in size. Hearing no further comment, Mayor Haakenson closed the public participation portion of the public hearing. Council President Wilson assumed the height limit was 15 feet. Mr. Bowman agreed. He asked Mr. Bowman to comment on the suggestion for 240 square feet. Mr. Bowman responded the International Building Code was changed to 240 square feet and it was later amended to change it back to 1.20 square feet due to snow and wind load. He advised Mr. Thies explained the change to the Planning Board later in that meeting. He was uncertain why it was changed to 240 square feet and then back to 120 square feet. Council President Wilson asked if the Council could change the requirement to 120 square feet. Mr. Bowman explained the City would need to propose an amendment to the State Building Code, a difficult process. Councilmember Bernheim asked the consequence to the 89 residents of the Council adopting the proposed change. Mr. Bowman answered enforcement of those valid complaints would commence. Council President Wilson pointed out this was an example of staff making an interpretation and rather than enforcing those 89 complaints, requesting the Council affirm or change their position. Councilmember Bernheim asked if the zoning code could be changed to 200 square feet. Mr. Bowman answered that would result in a conflict between the building code and zoning code. The purpose for the size restriction was to address snow and wind load. He clarified the standard established the size at 120 square feet. Councilmember Bernheim commented the complaints were not due to snow load but due to aesthetics. Mr. Bowman reiterated large, unsecured structures were in violation of the building code. City Attorney Scott Snyder explained if the zoning code were changed to 200 square feet, one part of the code would permit something that another part of the code would not allow staff to issue a permit for. Councilmember Olson commented the clearer the code could be made, the better. Council President Wilson referred to Chapter 17.70.010 regarding administrative review of other temporary buildings by staff and asked whether the City could issue an administratively reviewed permit that would allow a resident to have a canopy for a boat or RV. Mr. Bowman answered canopies for boats /RVs were regulated under temporary storage units and they could not exceed 120 square feet. Other temporary buildings referred to a temporary structure on a property for a limited period of time. Council President Wilson explained he did not want the City to regulate a 10' x 12' tent over a car or RV. He agreed if it were destroyed by wind or snow that was the owners' responsibility. He commented surface water runoff was a minor issue and a tarp was no less impermeable than the roof of the car or RV. He questioned whether there was actually a public safety issue with canopies and asked how the regulations could be drafted to allow a resident to put up a tent to cover a car or RV such as an administratively reviewed permit. Mr. Bowman responded he was uncertain how that could be allowed other than if a resident had one in their rear yard and no one complained. He assured there was a public safety issue with canopies blowing off as well as an appearance issue. Edmonds City Council Approved Minutes March 3, 2009 Page 7 Council President Wilson commented if the Council did not pass the amendment it would allow a resident with a 10' x 12' tent to maintain it. Mr. Bowman answered code enforcement did not pursue 10' x 12' tents unless they were in the setback area. If it was in the setback, it must comply with the accessory structure regulations. Councilmember Bernheim commented a 10' x 12' tent or less was permitted, larger tents were not. Mr. Bowman answered it would be permitted but must meet the requirements for an accessory structure with regard to setbacks, etc. With the 120 square foot constraint, Councilmember Plunkett asked whether staff could envision a CUP process. Mr. Bowman answered only if the property owner applied for a building permit and complied with the building code requirements for wind and snow load. Mr. Snyder reiterated a CUP process was not typically appropriate because the cost of that process may exceed the value of the tent. If a property owner was storing valuable materials, there was a CUP process that could be used. COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO ADOPT THE PLANNING BOARD RECOMMENDATION (EXHIBIT 4) AND DIRECT THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCE FOR ADOPTION ON THE NEXT CONSENT AGENDA. MOTION CARRIED (5 -2), COUNCIL PRESIDENT WILSON AND COUNCILMEMBER PLUNKETT VOTING NO. 5. AUDIENCE COMMENTS Don Hall, Edmonds, expressed his pleasure at the Council's attempts to make Edmonds more green, in particular addressing plastic bags. He commented on photographs of sea turtles, sea birds and other marine life dying from plastic bags, commenting banning plastic bags was the only answer because sea animals could not wait for a voluntary or bag fee program to reduce plastic bag use. He recognized San Francisco had banned plastic bags, Los Angeles' program takes affect in January 2010 and China stopped making the thin plastic bags, saving $37 million barrels of oil per year. He advised further information was available on the banplasticbags.net website. With regard to Styrofoam, Seattle banned its use and he urged the Council to support HB 2089 banning the use of Styrofoam containers in the food service industry. He congratulated the Edmonds retailers who have eliminated or never used plastic bags. Diane Buckshnis, Edmonds, announced SustainableEdmonds.org has arranged to meet with Green Drinks Snohomish on March 10 at the Taki Tiki Bar and Grill at 518 Main Street from 5:30 - 7:30 p.m. She explained Green Drinks began meeting in Europe in 1989 and now have regular gatherings in more than 450 cities. Green Drinks is an organic, self - organized network; events are very simple and unstructured and many people have found employment, made friends, developed new ideas, done deals and had moments of serendipity. (Councilmember Wambolt left the meeting at 8:25 p.m.) 6. REVIEW OF CITY POLICY REGARDING SELLING ADVERTISING SPACE. Parks & Recreation Director Brian McIntosh explained this was a review of the existing City practice of selling advertising on public assets. This review was requested by Council President Wilson because of the practice at Yost Pool which may not have been approved by the Council. He explained the banner program was initiated for the Yost Pool summer season of 2003. In December 2002 as a cost saving measure for fiscal year 2003, Council adopted a budget containing a decision package to reduce the season at Yost Pool from 101 days to 60 days. At the February 2003 Council Edmonds City Council Approved Minutes March 3, 2009 Page 8 retreat staff was directed to present recommendations to Council and options to keep the pool open for its full season. At the March 2003 Finance Committee meeting, the Parks Director reviewed costs, options, and possible revenue generating ideas including banners on the fence. At the March 25, 2003 Council meeting, a proposal was made to operate Yost Pool on the 101 day schedule and public testimony led to the Council encouraging the formation of a volunteer task force to study pool revenue opportunities and the Council agreed to fund the full 2003 season. On March 28, 2003 the Parks Director moved forward with a banner program and had a sponsorship document /contract prepared. On April 9, 2003 a Yost Pool volunteer meeting discussed the banner program and determined a $300 /season price for citizens and local businesses to advertise and show their support. In May, 2003 the initial Yost Pool banner memo to businesses was created and distributed. The number of banners displayed has varied over the years from 4 in the initial year 2003 and 14 last summer. Revenue from the program in 2008 was $4,200 (14 banners X $300). Costs associated with the program are staff time approximately $250 (Recreation Coordinator updates mailing and press releases, front desk staff assembles mailing, and pool staff puts banners up and down) and postage, paper, copy charges at $200. The total cost is approximately $450. The community event banner program has been in place since the 1970's; the banners are currently displayed on Caspers Street, 212th at the Public Works facility, and SR 104 entering downtown. Special event banners are displayed at several public locations in the City up to two weeks in advance of festivals who contract with the City such as the Taste of Edmonds and the Edmonds Arts Festival. Other banners for smaller events such as the Youth Circus, Egg Hunt, and Children's Carnival are hung in the parks where they occur. Councilmember Bernheim asked if there was a charge for special event banners. Mr. McIntosh replied that was a Public Works program and he was not certain of the fee. Mayor Haakenson responded the fee was significantly more because a lift truck was required to put the signs up. He advised there had been discussions about discontinuing that program because it was very labor intensive. Council President Wilson explained he asked for this review due to his distaste for advertising on public assets such as school buses, the pool, a park, outfield fences at youth ballfields, etc. He felt it appropriate for the Council to either affirm this practice or discontinue it, recognizing that it may be appropriate to retain the banners in view of the City's financial situation,. He noted $300 for a 4' x 8' banner was a great deal and a more appropriate fee would be $750- $1000. He anticipated a significant number of the 14 current advertisers would continue such as Stevens Hospital who is a major contributor to charitable events. Mr. McIntosh responded his concern would be losing the smaller businesses. He noted in addition to advertising, the banners were an opportunity for businesses and individuals to support Yost Pool. He acknowledged the $300 fee was selected by a group without any experience with marketing. He summarized he would hate to lose the smaller businesses but agreed more revenue could be generated with a higher fee. Council President Wilson asked if a banner had ever been refused such as advertising as a political campaign. Mr. McIntosh answered no, noting many of the banners were repeats. He advised it was within management's purview to refuse a banner. Councilmember Plunkett explained he sold space for similar banners for the Mariner High School booster club for $350. Councilmember Peterson commented raising the price may eliminate local businesses, citing Van Hollebeke Insurance as an example of someone who purchased a banner for reasons beyond advertising. He was concerned that raising the price would lead to seamy advertising such as fast food restaurants and Edmonds City Council Approved Minutes March 3, 2009 Page 9 other businesses that were not community- based. He noted the banners were primarily purchased by Edmonds -based businesses. He pointed out the banner regulations did not allow any political messages, references to ballot titles, etc. He remarked the Chamber charges political entries in the 4th of July parade much more than others, a disincentive for political candidates. Mayor Haakenson suggested if the Council was considering raising the price, the banner price remain at $300 as the 2009/2010 budget was already approved with that price. In 2011 staff could survey other advertisers and adjust the price accordingly. Councilmember Bernheim inquired about a sign at the skate park advertising a skateboard manufacturer. Mr. McIntosh advised the sign is put up by the sponsor in advance of a skateboarding competition. Councilmember Olson commented these economic times were not a good time to raise fees. Council President Wilson suggested a market analysis be done of Yost Pool fees and special event banner fees this summer /fall for review next year. He recalled Yost Pool supporters suggested charging more because the fees were currently less than market rate. Mayor Haakenson remarked it was a matter of how much the Council wanted to manage the City. Councilmember Bernheim encouraged the families who spoke in support of Yost Pool to purchase banners, envisioning the purchase of 100 banners by families could raise $30,000 to offset the $120,000 deficit. Mr. McIntosh advised there was only space to display 30 banners. 7. MAYOR'S COMMENTS Mayor Haakenson had no report. 8. COUNCIL COMMENTS Council President Wilson reported the Edmonds Center for the Arts was holding a free event as a thank - you to the community, Zing Go the Strings, on Friday, March 6, featuring Crumac who perform traditional Irish music, and the Tallboys who will teach audience members how to square dance. Council President Wilson advised he submitted a letter to the editor about Stevens Hospital and signed it as the Edmonds City Council President. He apologized for any appearance that he was representing the Council which he was not. Councilmember Bernheim reminded about the Green Drinks Snohomish event on March 10 beginning at 5:30 p.m. Councilmember Peterson recognized Petosa's who has voluntarily banned plastic bags for the past year which they estimated saved 300,000 plastic bags in one year. Councilmember Orvis read a letter from Stevens Hospital Commissioner Kimberly Cole, thanking the Council for their leadership and introducing public dialogue into the decision making process of Stevens Hospital and citing the Council's 2008 resolution for introducing real community engagement into the process. A particular thank you to D. J. Wilson for his recent letter to the editor regarding Stevens Hospital that served as notice to many regarding their meeting. On Friday, the Board of Commissioners voted 4 -1 to pass a letter of intent to negotiate a management agreement with Swedish Hospital. The letter is now a public document and binds the possibility of Stevens Hospital hiring Swedish to provide upper tier management to the hospital, the only business model in the letter of intent outlined for future Edmonds City Council Approved Minutes March 3, 2009 Page 10 negotiation. The letter of intent was passed with several amendments and contingencies, the first was to extend the expected negotiation period from 60 to 180 days, the only way to allow Commissioners to fully undertake a public process and allow taxpayer /stakeholder conversations. Ultimately the board committed to open public hearing on the topic before any final vote would take place. She hoped to see Edmonds represented in every step. Second, the letter was made subject to a resolution process to be completed at the next Board of Commissioners meeting on March 25. In the resolution is a 4 -1 approved requirement for an independent, board - accountable, third party negotiator. Until this amendment was passed, members of the administration who would have been negotiating the terms of their own employment and positions, hampered the process; this has been corrected. In the interim the Hospital's attorney and contract CFO will be handling updating the letter and delivering it to Swedish. As a Stevens Hospital Commissioner, she was pleased and optimistic about the expanded involvement that Swedish may take in day -to -day management of the hospital and optimistic that with the help of all citizens and leaders such as the Edmonds City Council, this will be a transparent and public process for the future of this public hospital. Councilmember Olson thanked all the citizens who voted for her as the Kiwanis Citizen of the Year. She was truly humbled by this honor. 9. ADJOURN With no further business, the Council meeting was adjourned at 8:46 p.m. Edmonds City Council Approved Minutes March 3, 2009 Page I I