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12/15/2009 City CouncilDecember 15, 2009 At 6:45 p.m., the City Council interviewed the following candidates for the Historic Preservation Commission and Planning Board: John Dewhirst, Lois Broadway and Todd Cloutier. Mayor Haakenson, and Councilmembers Plunkett, Bernheim, Orvis and Wambolt were present at 6:45 p.m. Councilmembers Peterson and Wilson arrived at 6:50 p.m. The Edmonds City Council meeting was called to order at 7:02 p.m. by Mayor Haakenson in the Council Chambers, 250 5`h 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 Steve Bernheim, Councilmember Dave Orvis, Councilmember Ron Wambolt, Councilmember Strom Peterson, Councilmember 1. APPROVAL OF AGENDA. STAFF PRESENT Gerry Gannon, Assistant Police Chief Stephen Clifton, Community Services /Economic Development Director Brian McIntosh, Parks & Recreation Director Noel Miller, Public Works Director Lorenzo Hines, Finance Director Rob Chave, Planning Manager Debi Humann, Human Resources Director Rob English, City Engineer Jerry Shuster, Stormwater Eng. Program Mgr. Bertrand Hauss, Transportation Engineer Gina Coccia, Planner 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 Council President Wilson requested Item O be removed from the Consent Agenda, Councilmember Plunkett requested Item R be removed, and Councilmember Wambolt requested Item U be removed. COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, 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 DECEMBER 1, 2009. Edmonds City Council Approved Minutes December 15, 2009 Page 1 C. APPROVAL OF CORRECTION TO THE CITY COUNCIL MEETING MINUTES OF NOVEMBER 2, 2009. D. APPROVAL OF CLAIM CHECKS #115584 THROUGH #115605 DATED NOVEMBER 24, 2009 FOR $42,169.66, #115606 THROUGH #115801 DATED DECEMBER 3, 2009 FOR $628,698.00 AND #115802 THROUGH #115936 DATED DECEMBER 10, 2009 FOR $577,575.76. APPROVAL OF KELLY DAY BUY BACK CHECKS #48790 THROUGH #48820 DATED NOVEMBER 20, 2009 FOR $33,005.84, AND APPROVAL OF HOLIDAY BUY BACK CHECKS #48821 THROUGH #48913 DATED NOVEMBER 23, 2009 FOR $224,035.00. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #48914 THROUGH #48954 FOR THE PERIOD NOVEMBER 16 THROUGH NOVEMBER 30, 2009 FOR $914,791.67. E. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM ERIC THUESEN CUSTOM HOMES ($47,393.00), AND ELEANOR CORNER ($588.00). F. APPROVAL OF LIST OF BUSINESSES APPLYING FOR RENEWAL OF THEIR LIQUOR LICENSES WITH THE WASHINGTON STATE LIQUOR CONTROL BOARD, DECEMBER 2009. G. REAPPOINTMENT OF LODGING TAX ADVISORY COMMITTEE MEMBERS FOR 2010. . H. LIST OF RETIRING BOARD MEMBERS, COMMISSIONERS, AND COMMITTEE MEMBERS. L AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT FOR THE SEASHORE TRANSPORTATION FORUM. J. AUTHORIZATION FOR MAYOR TO SIGN SUPPLEMENTAL AGREEMENT 4 WITH KPFF CONSULTING ENGINEERS, INC. FOR UNDERGROUND UTILITIES UPGRADES WITH RESPECT TO THE BNSF DOUBLE TRACK PROJECT. K. 2010 HOURLY POSITIONS BY PAY GRADE, TITLE AND WAGE. L. 2010 . NON - REPRESENTED EMPLOYEE PAY SCHEDULE. M. 2010 ADDENDUM TO PRISONER DETENTION AGREEMENT WITH THE CITY OF LYNNWOOD. N. KENNELING SERVICES CONTRACT BETWEEN ADIX'S BED AND BATH AND THE CITY OF EDMONDS. P. SUBSCRIBER AGREEMENT WITH PUBLIC SAFETY TESTING, INC. FOR SERVICE YEARS 2010 - 2012. Q. 2009 -2010 FIRE DEPARTMENT WORK PLAN UPDATE #1. S. ORDINANCE NO. 3766 - ADOPTING A NEW COMMUNITY SUSTAINABILITY ELEMENT. T. ORDINANCE NO. 3767 - AMENDING THE COMPREHENSIVE TRANSPORTATION PLAN IN ORDER TO UPDATE THE TRANSPORTATION ELEMENT AND THE INCORPORATED WALKWAY AND BIKEWAY PLANS. V. RESOLUTION NO. 1212 - THANKING COUNCILMEMBER RON WAMBOLT FOR HIS SERVICE ON THE CITY COUNCIL Edmonds City Council Approved Minutes December 15, 2009 Page 2 W. CONFIRMATION OF NEW HISTORIC PRESERVATION COMMISSION MEMBER. ITEM O: WOODWAY INTERLOCAL AGREEMENT FOR POLICE SERVICES. Assistant Police Chief Gerry Gannon explained after forwarding the contract to the City Attorney, they advised Ogden Murphy Wallace represents both Edmonds and Woodway. The contract was then reviewed and approved as to form by the law firm Weed Graafstra & Benson. ACOP Gannon read Section 7 which was added to the contract after it was reviewed by the Council Committee, "Pursuant to RCW 39.34.040, this agreement shall be filed with the Snohomish County Auditor or alternatively listed by subject on the website of either party hereto or on other electronically retrievable public source." COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, TO APPROVE ITEM O. MOTION CARRIED UNANIMOUSLY. ITEM R: ORDINANCE NO. 3765 — AMENDING THE EDMONDS COMPREHENSIVE PLAN TO UPDATE THE " EDMONDS SCHOOL DISTRICT CAPITAL FACILITIES PLAN." Councilmember Plunkett asked if this was an amendment to the City's Comprehensive Plan. City Attorney Scott Snyder responded the Comprehensive Plan included several separate elements; the Council typically amended the Comprehensive Plan element by element. COUNCILMEVIBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, FOR APPROVAL OF ITEM R. ITEM U: ORDINANCE NO. 3768 — CHANGING THE ZONING DESIGNATION FROM MULTIPLE RESIDENTIAL (RM -2.4) TO SINGLE - FAMILY RESIDENTIAL (RS -8) ALONG A PORTION OF 215TH STREET SW. Councilmember Wambolt explained he pulled this item to vote against it. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCIL PRESIDENT WILSON, FOR APPROVAL OF ITEM U. MOTION CARRIED (5 -1), COUNCILMEMBER WAMBOLT VOTING NO. 3. PRESENTATION OF RESOLUTION TO COUNCILMEMBER RON WAMBOLT FOLLOWED BY A RECEPTION. Council President Wilson read a resolution commending, thanking and recognizing Councilmember Wambolt for his service on the City Council from January 1, 2006 through December 31, 2009. He also presented him a plaque in recognition of his service. Councilmember Wambolt commented his four years on the Council had been a very good education. A few years before joining the Council he did not know what issues were the responsibilities of the Mayor and which were the Council's responsibilities. He found the committees he served on very rewarding and planned to remain on the Downtown Parking Committee, the Hwy. 99 Task Force and the Community Technical Advisory Committee. He will miss working with the Council, City staff, Port staff and Commissioners, as well as the interaction with citizens. Councilmember Plunkett commented all Councilmembers bring a certain skill set to the Council; Councilmember Wambolt was an excellent example of hard work and diligence. He recognized Councilmember Wambolt for his ability to work with other Councilmembers as well as the ability to Edmonds City Council Approved Minutes December 15, 2009 Page 3 debate and kid with him. He had enjoyed working with Councilmember Wambolt due to both his spirit and his work habits. Councilmember Peterson commented it had been a pleasure to work with Councilmember Wambolt; his work ethic was without parallel. He also appreciated Councilmember Wambolt's excellent sense of humor, remarking he would be deeply hissed. He looked forward to Councilmember Wambolt's continued involvement in the community. Council President Wilson commented Councilmember Wambolt had been a tremendous resource and asset to him and he appreciated his wisdom and guidance. Councilmember Bemheim recalled Councilmember Wambolt's and his initial contact was on a citizens group. He looked forward to the role Councilmember Wambolt would continue to play in the community. Councilmember Orvis thanked Councilmember Wambolt for bringing sanity to the Council, recalling he challenged the incumbent and his election allowed the Council to keep lower heights downtown. Mayor Haakenson expressed his appreciation for Councilmember Wambolt's willingness to change his mind on an issue. He also appreciated Councilmember Wambolt's preparation for Council meetings. Although Councilmember Wambolt and he had not always agreed on issues, he had the utmost respect for him and would welcome him back on the Council at any time. Mayor Haakenson recessed the Council to a brief reception in Councilmember Wambolt's honor. 4. RESOLUTION REGARDING THE COUNCIL VALUES AND DIRECTION REGARDING TEMPORARY HOMELESS SHELTERS. PUBLIC COMMENT WILL BE RECEIVED ON THIS MATTER. Council President Wilson explained at the Community Services /Development Services Committee meeting Councilmember Orvis and he spoke with staff regarding the lack of a process in the current code for permitting a temporary homeless shelter, whether a few days in a church or a tent city. They agreed an interim ordinance would be appropriate to establish a process followed by further review and discussion by the Planning Board and staff. He explained the intent of the resolution was to provide direction to staff regarding the Council's values to assist in developing a permanent process. He explained the resolution was developed with the assistance of homeless shelter advocates in South Snohomish County. He summarized the interim ordinance was not perfect but a starting point. Charlotte Lawson explained she had been volunteering at a homeless shelter for approximately two years. She explained homeless people exist everywhere and they often arrive at the shelter cold and without adequate coats, gloves, hats. During the past 11 days when they offered shelter, the Edmonds Police Department called four times to inform her of people they discovered living in their cars. She described the importance of providing shelter for the homeless during emergency weather situations. She commented on how easily people can become homeless through circumstances beyond their control. Reverend Barry Keating, Maplewood Presbyterian Church, requested the Council allow churches freedom from the ordinance that requires churches to have a sprinkler system and a monitored fire alarm system. He commented groups of 100+ people are at the church each day without a sprinkler or monitored fire alarm system. As written, the ordinance would not allow him to bring someone inside the church that he found sleeping in front of the church on a frigid night. During the current economic climate when it was difficult for government to provide these services, a group of volunteers and warm . buildings were available to provide emergency shelter. The ordinance seemed to indicate it was better for Edmonds City Council Approved Minutes December 15, 2009 Page 4 the homeless to remain outside in frigid temperatures than take the risk of being inside a building that lacked a sprinkler system and a monitored fire alarm. He assured there were homeless people in the Edmonds /Lynnwood area, remarking it would have been difficult during last year's four weeks of frigid weather to obey the City's ordinance. He urged the Council to consider waiving the ordinance for churches. Reverend Eileen Hanson, Trinity Lutheran Church, explained the Emergency Cold Weather Shelter Network was a grass -roots coalition. Last year they provided 474 beds over 34 nights; this year they provided 200 beds during the recent 11 days of cold weather. She commented on the diversity of their guests; they include veterans, youth and pregnant women. The Shelter Network is a coalition of seven faith communities with tremendous community involvement from approximately 200 volunteers. She encouraged Council to look at this issue not from a stereotypical point of view but understanding the diversity among the homeless and the under - housed (living in RVs and cars). Catherine Roper, Lynnwood, an elder in the Maplewood Presbyterian Church, thanked Edmonds for their concern about the safety of people in churches. She commented on the importance of community shelters to provide safe, warm and dry emergency accommodations. Until communities are able to provide shelter and/or employment conditions improve making emergency shelters unnecessary, churches are providing a piecemeal, minimal temporary shelter. Until Edmonds was able to provide shelter, she requested the temporary ordinance waive the requirement for sprinklers and a monitored fire alarm system. She planned to also urge the Lynnwood City Council to provide temporary emergency housing. Bill Ellis, Edmonds, representing Edmonds United Methodist Church and accompanied by two church elders, commented although many believe Edmonds is a prosperous city, there are various types of low cost housing and a wide mix of income levels. Snohomish County's 10% unemployment rate is higher than the State or national rate. The consequences of high unemployment are evident at the food bank; the food bank served nearly twice the number of people this year compared to last year. Today they served 425 families which represent approximately 2,000 people; their recent toy shop distributed 1,060 toys. Homelessness is one aspect of the economic crisis and results from unemployment, loss of insurance, and severe physical and psychological suffering. He commented the homeless includes the near homeless, people who are living in a car or van or stay with a neighbor or friend. The temperature that activates the Emergency Cold Weather Shelter Network is 33 degrees. He summarized although there were not huge numbers of homeless people in South Snohomish County, there were very few facilities. The coalition of churches is striving to fill that need. Brooke Burdick, Edmonds, explained he had became involved with the Cold Weather Shelter as a result of his son's Eagle Scout Project to collect food, cash and equipment donations to provide for those in need this winter. Many of the people he met at the shelter while volunteering were not the stereotypical person staying at a shelter. His son and he attended last week's Lynnwood City Council meeting and were discouraged because they were not interested in participating in a solution. He encouraged the Edmonds City Council to show leadership in Snohomish County by acting swiftly to help the community provide shelter for the homeless this winter. Marilyn Nadeau, Edmonds, requested the Council's support for the ordinance or any other action to facilitate a shelter in Edmonds. A co- founder of the South Snohomish County Shelter for the Homeless that was started at Trinity Lutheran, she enlisted the help of several other churches in the area. Their criteria is 33 degrees or below for 4 hours or more. They only seek to offer a safe, warm environment for the homeless who include men, women and children. This year they have been open for 10 nights and housed approximately 200 people including several women. They expect to continue this somehow, somewhere. She invited Councilmembers to visit the shelter the next time it is open. Edmonds City Council Approved Minutes December 15, 2009 Page 5 Council President Wilson explained he learned by talking with homeless advocates that Edmonds has the stigma of thinking no homeless people exist in Edmonds and if there were any homeless in Edmonds, they would be promptly sent out of town. He assured that did not reflect the Council or the community's values. Although there are legitimate reasons some buildings could not be allowed to house homeless people such as if they do not meet the State building code that requires sprinklers, there is a federal law that allows the land use of religious facilities to override the State Building Code. He anticipated this would be one of the only Council votes that would save lives. The resolution directs staff to be as flexible and as aggressive as possible in waiving certain requirements to adhere to federal law. City Attorney Scott Snyder explained the City has taken two steps already, 1) the City for years has had a reasonable accommodation process that provides for a waiver of any land use provisions to prevent full use of property by disabled persons and the homeless community contains a large number of disabled persons, and 2) the City adopted Ordinance 3730 that adopted the exemption process permitted under the State Building Code. He explained the City was obligated to enforce the State Building Code and could not amend the substantive provisions of the State Building Code without the State Building Council's approval, a process that takes 6 -8 months. The provision for sprinklers is in the State Building Code. Via adoption of Ordinance 3730, the City exempted existing buildings that would be used for indigent emergency shelter from change in use requirements such as installing sprinklers. The State Statute requires that code deficiencies that are exempted pose no threat to human health or safety and the proposed emergency temporary housing must be less hazardous than the existing use. Passing the interim ordinance will remove all impediments in the City's zoning code in addition to the previous adoption of the State's Building Code provision and the reasonable accommodation process. The Fire Marshal community's position is exempting any use from the sprinkler requirement poses a threat to health and safety. As attorney Bio Park discussed with the Council committee, that raises legal issues. Washington State Constitution is broader than the Federal Constitution and Federal statutory provision and requires, 1) the City's enforcement of building codes and other requirements be flexible, and 2) consider reasonable alternatives. He recommended continuing to explore what could be done within the context of the State law and to assess the risks. Councilmember Wambolt commended all the speakers for their work on this issue. He acknowledged there was a problem and the citizens involved in that effort need the City's assistance. He suggested consideration be given to using the Senior Center for temporary emergency shelter. Councilmember Plunkett thanked everyone involved in this effort. He described his past involvement with the food bank and looked forward to the Council's effort with regard to this matter. Councilmember Peterson commented this resolution was the most important page in tonight's 1,036 page Council packet. He thanked Council President Wilson for bringing this issue to the Council. The resolution and interim ordinance are important steps toward raising awareness of the problem in South Snohomish County. Council President Wilson thanked everyone involved in providing emergency shelter for the homeless. COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER PETERSON, FOR APPROVAL OF RESOLUTION NO. 1213 REGARDING THE COUNCIL VALUES AND DIRECTION REGARDING TEMPORARY HOMELESS SHELTERS. MOTION CARRIED UNANIMOUSLY. 5. INTERIM ZONING ORDINANCE RELATED TO TEMPORARY HOMELESS SHELTERS AND ENCAMPMENTS City Attorney Scott Snyder explained the intent of the ordinance was to remove all doubt that homeless shelters were a permitted use in the City's zones. The interim ordinance will be in effect for six months while the Planning Board considers the matter and a public hearing is required within 60 days. Edmonds City Council Approved Minutes December 15, 2009 Page 6 COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT WILSON, FOR APPROVAL OF THE INTERIM ZONING ORDINANCE NO. 3769 RELATED TO TEMPORARY HOMELESS SHELTERS AND ENCAMPMENTS. MOTION CARRIED UNANIMOUSLY. 6. RESOLUTION ON RENAMING KAIREZ DRIVE. Council President Wilson explained the Vista Del Mar Homeowner's association President contacted him with a request to rename Kairez Drive. There are two processes, one that costs thousands of dollars and a second virtually no cost option where Council can direct staff to rename the street. Ross Marturano, President, Vista Del Mar Homeowners Association, identified five residents of Vista Del Mar in the audience. He explained there are nine existing homes in Vista Del Mar, two pending sales and several undeveloped lots. Of the 15 lots, 13 voted in favor of the name change, 1 abstained and 1 voted no. He explained the name Kairez has negative connotations in the neighborhood particularly with the Police Department. The street was originally known as 92nd Place West and changed to Kairez; the plat is known as Vista Del Mar. A vote was taken in accordance with the Vista Del Mar Homeowner Association's CC &Rs and they are petitioning the Council to change the name. There is no implication with the title company other than the City must file the name change with Snohomish County. Council President Wilson inquired about a private road versus public road. Mr. Marturano replied they are willing to have the road public or private. City Attorney Scott Snyder explained this only initiated the process and set the public hearing. Staff will provide a response by the public hearing regarding the public versus private road issue. He requested a copy of the Vista Del Mar Homeowners Association CC &Rs. COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE RESOLUTION NO. 1214 INITIATING THE PROCESS TO RENAME KAIREZ DRIVE. MOTION CARRIED UNANIMOUSLY. 7. PUBLIC HEARING ON AN APPLICATION FOR A DEVELOPMENT AGREEMENT IN ORDER TO IMPLEMENT A CHANGE IN ZONING FOR THE PROPERTIES KNOWN AS "FIRDALE VILLAGE" FROM "NEIGHBORHOOD BUSINESS" (BN) TO THE "FIRDALE VILLAGE MIXED USE" (FVMU) ZONE AND ESTABLISH A TREE RETENTION BUFFER. Planner Gina Coccia explained Firdale Village is located at 9617 Firdale Avenue, contains 3.2 acres and 8 parcels. The buildings were constructed in 1942, annexed into the City in 1997 and the site is currently zoned Neighborhood Business (BN). The City received one public comment that is included in Exhibit 1 of Attachment 10. No public testimony was provided at the Planning Board public hearing. She explained this item included a rezone and development agreement. The Planning Board recommended approval of both the rezone and development agreement. The Planning Board's draft minutes are attached in Exhibit 2. In 2006 the Comprehensive Plan was amended to add goals and policies for this neighborhood. A code amendment establishing a Firdale Village Mixed Use Zone (FVMU) and corresponding design standards was approved in October 2009. Ms. Coccia explained this was two separate actions, 1) a public hearing on the proposed development agreement and 2) a closed record review of the proposed change in zoning from BN to FVMU. The application requires compliance with ECDC 20.01 Types of Development, 20.08 Development Agreements, 20.40 Rezones as well as with the Comprehensive Plan. She explained the development agreement is a Type V legislative application. The Planning Board conducts an open record public hearing and forwards a recommendation to the Council for final decision. The City Council may hold its Edmonds City Council Approved Minutes December 15, 2009 Page 7 own public hearing. The rezone is a Type IVB application; the Planning Board conducts an open record public hearing and forwards a recommendation to the City Council for a final decision. The Council holds a closed record review which is being done tonight. Ms. Coccia referred to Exhibit 3, the development agreement, explaining the City recently adopted a development agreement process, ECDC 20.08, which functions similar to a contract rezone process where the property owner deliberately enters into an agreement offering mitigation for the zone change. In this case, the owner has offered to retain a large stand of mature trees along the north property line which would ease the transition between the single family neighborhood to the north and the proposed mixed use site at Firdale Village. Factors for the Council to consider in a rezone are consistency with the Comprehensive Plan, zoning consistency, relationship of the rezone to nearby property, changes in the surrounding area or policy, economic and physical suitability, and the relative gain to the public health, safety and welfare compared to the potential increase /decrease in value to the property owners, Mayor Haakenson advised the Council would first hold the public hearing on the development agreement followed by the closed record review. Councilmember Plunkett asked whether Tony Shapiro was the applicant for both the development agreement and the rezone. Ms. Coccia answered he was. Councilmember Orvis referred to Exhibit C which is referred to in the development agreement as the Native Growth Protection Easement (NGPE) which refers to an Exhibit A. Ms. Coccia answered Exhibit A refers to the site map attached to the development agreement. She explained the NGPE is the setback along the north side of the property. Councilmember Orvis observed the development agreement did not specifically refer to a NGPE on a map. Ms. Coccia advised the NGPE was also identified on Exhibit C. City Attorney Scott Snyder explained the development agreement indicates a document in substantially the form shown needs to be recorded within 60 days or the agreement is not valid. The developer needs to return with a signed copy ready for recording and at that time a legal description would be provided that matched the map so that the recorded document would have its own Exhibit A that identifies the NGPE. Councilmember Orvis observed the Council was voting on a NGPE that was not identified. Mr. Snyder explained if the Council approved the rezone ordinance, before it is placed on the Consent Agenda for approval, staff would have a recorded document that matched the exhibit. Ms. Coccia displayed Exhibit A and identified the location of the NGPE. Councilmember Orvis asked whether there was any legal obligation to replace a tree that fell in the NGPE. Mr. Snyder answered there was no replacement requirement; a provision requiring replacement could be added. Councilmember Orvis responded he would like to include such a provision. Mayor Haakenson opened the public participation portion of the public hearing. Lora Petso, Edmonds, urged the Council not to vote on the development agreement until it was in its final form. The development agreement failed to require that commercial development accompany residential and feared the result would be residential development similar to Pt. Edwards. She anticipated the developer would develop the residential portion and then say the commercial was not feasible which would result in the loss of a neighborhood business district. She questioned whether the development agreement was a mechanism to avoid SEPA. She recalled being told in October that the traffic, intersection level of service, would be addressed in the SEPA review. However, the same SEPA used earlier in the process was being used for the rezone and development agreement. She cited answers to questions in the SEPA checklist: what percentage of the site would be covered with impervious surface - Edmonds City Council Approved Minutes December 15, 2009 Page 8 none; will any structures be demolished - no; how many parking spaces will be created or eliminated - unknown; and how many vehicle trips per day will be generated - unknown. She urged the Council not to adopt the development agreement. Hearing no further comment, Mayor Haakenson closed the public hearing. Council President Wilson recalled the development agreement was deemed the best mechanism for retaining the trees. Mr. Snyder agreed, explaining the initial ordinance imposing a tree buffer did not comply with recent Washington case law; there was no legislative record that established the need and why the tree buffer was the appropriate amount. He suggested retaining the trees via establishing a NGPE in a development agreement. For Councilmember Orvis, Mr. Snyder explained the property owner can remove dead or diseased trees in the NGPE and the City has the right but not the obligation to replant and restock plants or animal habitat or any other actions appropriate for preservation. The Council could require the property owner to replant and restock. With regard to SEPA, Mr. Chave explained this was not the end of the process. The project level SEPA would occur later in the process at the time of design review. Councilmember Orvis recalled during the development of the code to create the zone, there were stepbacks incorporated on portions of the site where there was no buffer. He observed the stepbacks were not required in the area where the trees would be retained. Mr. Chave agreed, explaining the intent of the development agreement was to ensure the trees were retained in the buffer. The zone specifies stepbacks in the areas where the buffer does not exist. COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO APPROVE THE DEVELOPMENT AGREEMENT. Council President Wilson explained this put in place the zoning criteria and the design standards the Council adopted via a 6 -1 vote in October and this was the appropriate next step to retain the trees on the site. Councilmember Orvis recalled he voted against the zone, commenting the buffer was the key piece and allowed the Council to approve a 50 -foot building within 20 feet of a residential zone. He was not convinced the development agreement would establish a NGPE because there was no map that identified the area and it put the onerous on the City to plant the trees. He preferred the developer be required to replace and maintain the trees in the buffer. He did not support the development agreement. Councilmember Plunkett asked the applicant whether the developer would take responsibility for the trees. Tony Shapiro responded a survey was done of the site that shows the exact location and size of the trees. The trees are substantial firs that range from 50 to 100 feet tall and are 50+ years old. He assured 20 feet was more than enough to protect the trees and the criteria require that no construction occur under the trees. The trees are located at the top of a bank; the site slopes from the north property line to Firdale Avenue and much of the grade change occurs at the north property line. The 20 foot area where the trees are located is essentially a plateau and there is a rockery in some areas that drops away 12 feet or more where the construction would occur. Mr. Shapiro disagreed that a 50 -foot building would be located adjacent to the setback because the height calculation is based on the average grade from the four corners. This takes into account the lower portion of the site and results in a 2 -3 story building adjacent to the single family development. He noted there were no zones in the city that required more than a 15 -foot rear -yard setback; they proposed 20 feet to Edmonds City Council Approved Minutes December 15, 2009 Page 9 protect the trees. He did not anticipate his client would object to the Council including a maintenance clause that would require replacement of a tree that died. He questioned the survivability of a small replacement tree due to the high tree canopy. MOTION CARRIED (4 -2), COUNCILMEMBERS ORVIS AND BERNHEIM VOTING NO. Mayor Haakenson advised the closed record review on the rezone was a quasi judicial matter. The parties of record are Mr. Shapiro, representatives of WNS Property Investment and Tamara Ancona who submitted an email. Only Mr. Shapiro is present. He invited Councilmembers to make any disclosures with regard to those parties of record. Councilmember Wambolt disclosed he received a small contribution from one of the owners of Firdale Village. Councilmember Plunkett disclosed one of the owners sent him a campaign donation which he returned. Council President Wilson commented he had been extensively involved in the zone rewrite for the past four months. He had not received any political donations from any of the parities. He asked whether he needed to recuse himself due to his involvement in the zoning rewrite. Mr. Snyder responded Council President Wilson's involvement in a legislative process did not disqualify him from participation. The only reason for disqualification was if he had communications that were not summarized in the last process or that he had already made up his mind about the action, pre judgmental bias. Council President Wilson recused himself because of the perception that he may have prejudged the matter. Council President Wilson left the dais and the room. Mayor Haakenson asked Councilmember Wambolt and Councilmember Plunkett whether they were able to review and make a fair decision on the matter. Both answered they could. Mayor Haakenson asked whether Mr. Shapiro had any objection to Councilmembers Plunkett or Wambolt participating in the closed record review. Mr. Shapiro responded he did not object to their participation. Ms. Coccia advised Exhibit 1, the staff report, includes an analysis of the rezone criteria as well as the ordinance establishing the FVMU Zone. Mr. Snyder explained the Council would be making a conceptual approval; when a development agreement in a suitable format with the NGPE is recorded, staff would schedule the ordinance rezoning the property from Neighborhood Business (BN) to FVMU on a future Council's agenda. Mayor Haakenson observed the FVMU zone and corresponding design standards were approved by the Council on October 6 and the ordinance adopted on October 27. This is a continuation of that process. Ms. Coccia agreed. Councilmember Plunkett asked whether the Planning Board had reviewed the rezone. Ms. Coccia answered they had; the draft Planning Board minutes were included as Exhibit 2. Only the applicant and staff spoke at the Planning Board public hearing. Councilmember Bernheim asked whether in the FVMU zone approved on October 6, the language in the zone would not be changed for five years. Mr. Snyder agreed. Tony Shapiro referred to Attachment 7 on page 6, Section 16.100.040.A, addresses 25% of the heated space of the built area must be in commercial. This was included in response to concern expressed by the community that the development would be entirely residential. The materials provided to the Planning Board also reviewed how the proposed rezone complies with the six criteria. Edmonds City Council Approved Minutes December 15, 2009 Page 10 COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO RETURN WITH AN ORDINANCE ON A FUTURE AGENDA THAT REZONED THE PROPERTY FROM NEIGHBORHOOD BUSINESS (BN) TO FIRDALE VILLAGE MIXED USE (FVMU). Councilmember Bernheim commented he was uncomfortable with some of the language in the zone particularly the modulated building design allowing for greater building height. However, due to the need to make progress on neighborhood redevelopment, although it may not be perfect, the City could leam . from any mistakes in future neighborhood developments. MOTION CARRIED (4 -1), COUNCILMEMBER ORVIS VOTING NO. (Council President Wilson did not participate in the vote.) (Council President Wilson returned to the dais.) 8. PUBLIC HEARING ON THE FINAL ORDINANCE AMENDING THE 2009 BUDGET: ORDINANCE AMENDING ORDINANCE NO. 3711 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS Finance Director Lorenzo Hines explained the budget amendment was presented to the Finance Committee on November 17 and remanded to Council for review. For Councilmember Bernheim, Mr. Hines explained this agenda item contained Exhibits A, B and C and a General Fund Summary and an Other Fund Summary. Councilmember Bernheim observed the Other Fund Summary was entitled City of Edmonds Ordinance Amendments 11/17/09. He pointed out the agenda memo refers to three attachments, 2009 Final Budget Ordinance, 2009 Other Fund Summary and General Fund Summary. Mr. Hines advised the agenda memo included the General Fund Summary and the Other Fund Summary. Councilmember Bernheim commented on the difficulty determining which documents were referred to in the agenda memo when the title of the document was different. Mayor Haakenson assured staff would label them more appropriately in the future. Councilmember Bernheim expressed concern that he was unable to adequately review the information because the attachments were not properly identified in the materials. Mr. Hines commented the documents had been available to the Council since November 17. He noted he had been unable to respond to Councilmember Bernheim's Monday email. City Attorney Scott Snyder suggested amending Section 1 of the ordinance to state that Exhibit A consisted of 7 pages. Mr. Hines explained the materials that were historically incorporated into the ordinance were limited to Exhibit A; the other materials were additional information. Councilmember Wambolt agreed with Councilmember Bernheim that the documents should be labeled more appropriately. Mr. Hines agreed that would be done in the future. Councilmember Orvis referred to the General Fund Amendment to Revenues, observing some of the new revenues were pass - throughs such as the WASPC Grant. He asked how many were pass - throughs versus new revenue. Mr. Hines referred to Other Revenues Augmentations Offset with Related Expenses, noting funds were shown in that section as well as in Other Expense Augmentations Offset with Related Revenues. The amendments to budget expenses include $155,000 to the City Attorney and Eliminating the A -Fund Contributions - ERR fund for October, November and December. Mr. Hines explained the A -Found Contribution; each fund is required to contribute to the Equipment Reserve Fund. Due to vacancies and expenditure reductions, the Equipment Reserve Fund is able to maintain an adequate balance through yearend; therefore, contributions from the other funds are not necessary resulting in a reduction in the expense. Edmonds City Council Approved Minutes December 15, 2009 Page 11 Council President Wilson echoed previous statements regarding the importance of accurately labeling documents. He asked why water, sewer and stormwater utility revenue was higher. Mr. Hines answered all the utilities were increased from 6% to 10% in January 2009. The water utility tax increased from 10% to 18.7% in August 2009 and stormwater rates increased by 6.82% in July 2009. The City budgeted conservatively for those increases. He summarized the increase was due to both the rate increase and higher usage due to the dry summer. Council President Wilson asked when a projection regarding EMS transport fees would be available. Mr. Hines responded he planned to prepare that information during the first quarter of 2010. Councilmember Bernheim expressed concern that the format of Exhibit A in Agenda Item 8 did not match format in Exhibit A of Agenda Item 9; Exhibit A for 2009 has fund numbers and Exhibit A for 2010 does not and some of the funds have different names. Mayor Haakenson commented the only difference was the 2010 budget identified REET I and lI rather than Park Acquisition /Improvement and Special Capital Fund. Mr. Hines clarified REET I, Park Acquisition/Improvement, was Fund 125 and REET II, Special Capital Fund, was Fund 126. Councilmember Bernheim reiterated his concern that the differences made it difficult for him to review the information. Council President Wilson shared Councilmember Bernheim's frustration. He commented Mr. Hines was doing a good job but did not have enough staff. It was reasonable for a Councilmember to ask a question after reviewing the Council packet and expect an answer prior to the Council meeting. He remarked this issue was more sensitive because the City's financial situation was of increased interest to the Council, staff and citizens. Councilmember Wambolt commented the materials were reviewed by the Finance Committee who are accustomed to the fund titles, etc. Councilmember Orvis referred to a breakdown of the increased City Attorney costs and asked the reason . for the increased expenditures such as the Edmonds GMA. Mr. Snyder responded the Council has been approaching litigation from a contingency point of view rather than appropriating litigation costs at the level they have been historically. The total amount is not greater than it has been in prior years. He explained the GMA appeal was very complex; briefings in response to the approximately 40 points Ms. Petso raised with the Growth Management Hearings Board were 50 -100 pages each. Another large expenditure was the LUPA appeal of engineering requirements. Councilmember Orvis inquired about the Breske litigation. Mr. Snyder explained it was resolved in the City's favor; a lot sold to a property owner burdened by a stormwater retention system. The owner wanted to develop the lot and felt the City had an obligation to move the system. Councilmember Orvis observed that matter cost the City $30,000. Mr. Snyder advised the Alderwood Water Agreement was a 40 -year agreement; the Transportation Benefit District was another large one -time project. All other items on the list were defense cases; the City did not initiate any of the matters. He has periodically reported to the Council in Executive Session as well as provided detailed monthly billings. Councilmember Bernheim pointed out the ending cash balance in Exhibit A of Agenda Item 8, the 2009 budget, did not match the beginning cash balance in Exhibit A of Agenda Item 9, the 2010 budget. Mayor Haakenson suggested he pose that question during Agenda Item 9. Mayor Haakenson opened the public participation portion of the public hearing. Lora Petso, Edmonds, questioned why the REET revenue in Fund 126 was only $369,000 when she learned that REET revenue through September was over $450,000. She anticipated through yearend Edmonds City Council Approved Minutes December 15, 2009 Page 12 REST revenue would be at least $600,000 particularly when real estate sales increased substantially in November, possibly even as high as $700,000. She questioned the legal effect of a 2009 yearend budget amendment that understates REET revenue. She questioned why the Council would adopt a yearend budget amendment that did not reflect year -to -date receipts. Roger Hertrich, Edmonds, suggested the Council review the cost and product of professional services. He pointed out the budget for the City Attorney through September 30 was $510,000 and expenditures were $415,000; he assumed the remainder would be expended before yearend. He questioned whether the unused amounts in other funds would be carried over into 2010. He questioned the $3 million in revenue and the $3 million in expenditures in the Multimodal Fund and the $339,000 expenditure and a $22,000 interfund transfer reflected in the September 30 report. Hearing no further comment, Mayor Haakenson closed the public hearing. Mayor Haakenson asked whether Exhibit A included fourth quarter REET revenue. Mr. Hines responded it included the last estimate made with regard to REET. This budget amendment reflects only a $5,000 change to the REET funds. If the revenues need to be amended to reflect additional activity, those amendments will be made in the first quarter of 2010. No amendment is deemed necessary at this time because REET revenues receipts are similar to projections. Councilmember Wambolt pointed out this represents the third quarter budget amendment. The Finance Committee reviewed the amendment at their November 10 meeting; it should have been reviewed at the October Finance Committee meeting which was cancelled due to the meeting with Fire District 1. Mr. Hines explained these are changes to the spending plan approved by the Council in 2008. Staff presented adjustments to that spending plan in October and this represents another adjustment. Amendments are necessary to reflect higher expenditures to provide additional spending authority to address the costs. For example, without the amendments, he did not have the spending authority to address the City Attorney's November or December bills or any other unanticipated legal costs. Councilmember Plunkett asked whether Mr. Hertrich could meet with Mr. Hines to review the expenditures for professional service, City Attorney expenditures, and in the multimodal fund. Mr. Hines agreed he could. Mr. Hines explained the budget establishes the level at which revenues can be collected and funds expended. A budget amendment is required to change those levels. In response to Mr. Hertrich's comment regarding the Multimodal Fund, Mr. Hines explained there was revenue authority to collect $3.1 million and authority to spend $3.1 million. The reality is approximately $761,000 has been expended from the Multimodal Fund in 2009 and $807,000 has been collected. The third quarter report reflects those figures. Mayor Haakenson explained in response to Council questions, detail regarding the additional $150,000 in City Attorney fees had been provided. He encouraged Councilmembers to share that information with constituents who inquire. With regard to the Multimodal Fund, he explained a full report was prepared in response to Finis Tupper's public record request for an itemization of all Edmonds Crossing expenditures. He suggested Mr. Hertrich obtain that information from Mr. Tupper. Councilmember Orvis commented his understanding was the budget was a cap on the expenditures for each fund and not necessarily a cap on revenue collected. Mr. Hines answered the cap was on revenue collected as well as expenditures. Councilmember Orvis asked why the ending cash balance in 2009 did not match the beginning cash for 2010. Mr. Hines explained the 2010 budget was developed in 2008 along with the 2009 budget. Initial amendments were being made to the 2010 budget and he would return to the Council with additional amendments following his analysis to true up the 2009 budget to the 2010 Edmonds City Council Approved Minutes December 15, 2009 Page 13 budget. Councilmember Orvis observed the next agenda item was to provide enough expenditure and revenue authority to function. Mr. Hines agreed, noting the intent in 2010 was to provide a budget amendment every quarter if needed. Councilmember Wambolt advised the REST projection provided at the December Finance Committee meeting is $548,000. As only one month remains to receive REET revenue, he did not anticipate it would reach $750,000. The 2010 REET revenue is projected at a higher amount because that reflects the amount budgeted in the original 2009 /2010 budget. Mr. Hines commented that would likely be adjusted when he completed his analysis of the 2009 ending fund balance. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, TO ADOPT ORDINANCE NO. 3770, AMENDING ORDINANCE NO. 3711 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE Council President Wilson expressed his appreciation for Mr. Hines' clarifying comments. He recalled the adopted 2009/2010 budget included a note that the Council would pursue a levy because the Council was concerned with the 2009/2010 budget without a fix such as a levy. However, the Council did not foresee the Fire District 1 contract. Those two changes were so important to this budget that before he could approve the amendments, he needed to spend more time reviewing the implications of the 2009 budget on 2010 as well as have a Council - driven conversation about the 2010 finances. For that reason he planned to vote against the motion. MOTIO11 CARRIED (4-2), CO11_?1CIL PRESIDETIT BERNHEIM VOTING NO. 9. PUBLIC HEARING ON THE MID - BIENNIAL BUDGET REVIEW AND MODIFICATION: ORDINANCE MODIFYING THE 2010 BUDGET AS ADOPTED BY REFERENCE IN ORDINANCE NO. 3711. Finance Director Lorenzo Hines explained this was the introduction to the 2010 fiscal year. This represents the 2010 budget passed as part of the biennial budget approved in 2008 with two adjustments, 1) a $12,000 reduction in property taxes and 2) to reflect the Fire District 1 savings of $1.9 million. When staff completes their analysis of the 2009 aetuals, he will return with an amendment if necessary for 2010 during the first quarter of 2010. Mayor Haakenson asked if the changes in revenue and expenditures made last spring in the 2009 budget were included. Mr. Hines answered they were not. Mayor Haakenson pointed out for example the REET revenue had not been adjusted based on the adjustments made in 2009. He advised the changes made to the 2009 budget would be reflected in the 2010 budget via an amendment in the first quarter of 2010. Councilmember Plunkett asked why those amendments had not yet been made. Mr. Hines responded because 2009 had not yet concluded. In order to make substantive changes, the prior fiscal year must be completed to allow a complete analysis of revenues and expenditures. Councilmember Plunkett questioned why the cuts made in spring 2009 had not been factored into the 2010 budget. Mayor Haakenson answered the cuts made in spring 2009 such as eliminating funding of Yost Pool were not in the 2010 budget. In addition, there were no furloughs in the 2010 budget. Council President Wilson asked whether the revenues from the sale of assets to Fire District 1 were placed into the General Fund for general operations. Mr. Hines answered yes. Councilmember Bernheim asked why the 2009 ending balance in Fund 001, General Fund, of $1,052,000 did not match the 2010 beginning General Fund balance of $1,273,000. Mr. Hines answered the General Edmonds City Council Approved Minutes December 15, 2009 Page 14 Fund beginning balance in the 2010 budget was developed and approved in late 2008 and has not yet been adjusted for activity in 2009. That figure will be adjusted during the first quarter of 2010. Councilmember Bernheim referred to the 2009 ending balance in Fund 125, REST 11, of $450,000 which does not match the 2010 beginning balance. Mayor Haakenson explained the 2010 beginning balance for Fund 125 reflected the number in the 2009/2010 budget when it was adopted in 2008. That number would be adjusted, likely to the amount in the 2009 budget during the first quarter of 2010. This was the starting point in the 2010 budget approved by the Council in 2008. Councilmember Wambolt asked why the Council was considering the 2010 budget. Mr. Hines advised State law requires a biennial review. Council President Wilson commented the Council adopted the 2009/2010 budget and had the authority to amend the budget at any time. He asked whether the Council had the legal authority to amend the 2010 budget during 2009. Mr. Hines agreed the Council could amend 2010 budget but it would not be prudent because there was no data to substantiate amendments to the 2010 budget. Council President Wilson asked whether for policy planning purposes, it would be appropriate whenever an ending cash balance adjustment was made to 2009, it would automatically make a change to the beginning cash of 2010. Mr. Snyder read the provisions in RCW 35A.34.130 that require a mid - biennial review no sooner than eight months and no later than the conclusion of the first year. He acknowledged the numbers were soft and would likely require adjustment in the first quarter of 2010. Council President Wilson commented the RCW required the biennial review by the end of the year but it did not require it be done with the prior year's numbers. Mr. Snyder agreed the best numbers available should be used. Council President Wilson concluded the policy question was what were the best numbers; in his opinion the best numbers available were not those approved in November 2008. Councilmember Peterson commented although the 2010 numbers were not good, the current 2009 ending cash numbers were only slightly better. The Council will be amending the 2010 numbers in the first quarter. He anticipated that using the original 2010 numbers provided a better picture than if incremental adjustments had been made to the 2010 budget throughout 2009. Council President Wilson agreed with Councilmember Peterson, clarifying although the 2010 numbers were not very good, the 2009 numbers were not perfect and a budget amendment would be required in the first quarter of 2010. However, he preferred to take the time to ensure the numbers were good and risk being out of compliance with the State's biennial review requirement. Councilmember Peterson asked whether the State statute required that the mid - biennial review be a public hearing. Mr. Snyder answered a public hearing was required. He advised the biennial budget process included a series of reviews and adjustment over that two year period. Mayor Haakenson advised these were good numbers, they were the numbers adopted by the Council in the 2009/2010 budget. They simply had not been adjusted yet but would be during the first quarter of 2010. Mayor Haakenson opened the public participation portion of the public hearing. Lora Petso, Edmonds, reiterated her question why the Council would approve a REST revenue budget of $369,000 when year -to -date receipts exceeded that amount. She noted that contributed to a false number at the end of 2009 that would require adjustment to the beginning balance of 2010. She advised the infonnation regarding the 2009 REST revenue was provided by staff in response to her public record request. She assured she would not sue the City for using budget numbers that later turned out to be Edmonds City Council Approved Minutes December 15, 2009 Page 15 wrong even if she disagreed that they were reasonable. However, she preferred the City use actual numbers when the actual dollars have been received. She questioned the benefit of not including accurate numbers other than potentially misinforming the public. Roger Hertrich, Edmonds, reiterated his question about the Multimodal Fund, the $361,000 expenditure, the availability of $339,000 in professional services and the $22,395 interfund transfer. He expressed concern that his question was avoided and he was referred to Mr. Tupper for information. Hearing no further comment, Mayor Haakenson closed the public hearing. In response to Mr. Hertrich's inquiry regarding the Multimodal Fund, Mr. Hines offered to provide Mr. Hertrich with a copy of staff's response to Mr. Tupper's public records request that explains how all moneys in the Multimodal Fund were received and expended. In response to Ms. Petso's questions, Mr. Hines explained in his professional opinion the 2010 numbers should not be adjusted until further data from 2009 was available. The proposed amendments were ones that could be made based on the data available. COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO EXTEND THE MEETING FOR ONE HOUR. MOTION CARRIED (5 -1), COUNCILMEMBER BERNHEIM VOTING NO. Council President Wilson asked if the REET Fund should be updated as stated by Ms. Petso. Mr. Hines responded he was not aware of the information Ms. Petso obtained via her public records request. Council President Wilson anticipated the information Ms. Petso obtained was from the Finance Office. He inquired about the amount of REET collections to date. Mr. Hines answered he did not have that information available to him tonight. Council President Wilson was frustrated with voting on REET amounts that he did not have 100% confidence in. Mr. Hines reiterated the numbers could be adjusted in the first quarter of 2010. Councilmember Wambolt commented the REET collections were a matter of timing. He agreed it would be preferable to have updated amounts for the REET fund for 2010. The $369,000 Ms. Petso referred to was from the 3rd Quarter Report which did not include REET funds collected in the 4th quarter. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO ADOPT ORDINANCE NO. 3771, MODIFYING THE 2010 BUDGET AS ADOPTED BY REFERENCE IN ORDINANCE NO. 3711, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. Council President Wilson referenced concerns he had expressed previously and added it was a mistake for corporations, households or a municipal government to place proceeds from the sale of assets into an operating fund. He was concerned with adopting this ordinance when there was a 25% variance between the 2009 ending cash balance and the 2010 beginning cash balance. He did not support the motion. Mayor Haakenson pointed out the Council previously approved placing the sale of the Fire Department assets into the General Fund. Council President Wilson reiterated his disagreement with that policy. MOTION CARRIED (4 -2), COUNCIL PRESIDENT WILSON AND COUNCILMEMBER BERNHEIM VOTING NO. Mayor Haakenson declared a brief recess. Edmonds City Council Approved Minutes December 15, 2009 Page 16 10. PUBLIC HEARING REGARDING THE CENTRAL PUGET SOUND GROWTH MANAGEMENT HEARINGS BOARD FINAL DECISION AND ORDER OF ORDINANCE NO. 3717 THE EDMONDS CITY COUNCIL ADOPTION OF THE UPDATED 2001 PARKS RECREATION & OPEN SPACE COMPREHENSIVE PLAN. • PUBLIC HEARING REGARDING THE RECOMMENDATION OF THE HEARING EXAMINER'S REPORT RELATED TO THE ABANDONMENT OF A PORTION OF THE OLD WOODWAY ELEMENTARY SCHOOL FACILITY. • THE 2008 PLAN REVISES AND UPDATES THE CITY'S PARK LAND INVENTORY TO REFLECT ACQUISITIONS AND DELETE EXPIRED OR TERMINATED INTERLOCAL AGREEMENTS. Parks & Recreation Director Brian McIntosh explained with two exceptions the Central. Puget Sound Growth Management Hearings Board found the City's unanimous decision to adopt the 2008 Parks Plan valid and within the Council's legislative discretion. In response to the Board's Final Decision and Order, the City was remanded to, 1) conduct an additional public hearing regarding changes to the Parks Plan which was accomplished October 20, 2009, and 2) appear before the Hearing Examiner regarding the consistency of the Parks Plan with the City Comprehensive Plan Policy B, page 2, in regard to park abandonment. A hearing was conducted before the Hearing Examiner on November 19, 2009 and the Advisory Report to City Council outlines the Hearing Examiner's conclusions that the City has demonstrated consistency with the 2008 Comprehensive Plan. Staff's recommendation is to accept the Hearing Examiner's Advisory Report and Conclusions and confirm by adoption of an ordinance confirming the 2008 Parks Plan and a resolution terminating the 1997 Interlocal Agreement (ILA). Councilmember Plunkett asked whether accepting the Hearing Examiner's Advisory Report and Conclusions and confirm by adoption of an ordinance confirming the 2008 Parks Plan and a resolution terminating the 1997 ILA eliminated the Council's ability to purchase the land west of Hickman Park. City Attorney Scott Snyder answered it did not. Councilmember Bernheim asked if the ILA for the property expired according to its terms. Mr. Snyder answered there were two ILAs, one expired on its own terms and the other that addressed the City's obligation to maintain a playfield and use School District property was terminated by the other two parties, the School District and Snohomish County. The Council's vote to terminate the ILA ended in a 3 -3 tie and did not pass. The Council vote occurred prior to the purchase of the half the property by the City. Councilmember Bernheim asked the contract term of the second ILA. Mr. Snyder answered it was indefinite. Mayor Haakenson opened the public participation portion of the public hearing. Lora Petso, Edmonds, commented the answers provided to the Council questions were not entirely correct and she urged the Council not to take action tonight to allow her time to research the Council questions. She explained the Council was ordered to follow the Comprehensive Plan which requires a public hearing before abandoning property. The GMHB agreed with her that by writing the park out of the 2008 Comprehensive Plan it appeared the City was trying to abandon the property. The Hearing Examiner hearing was not properly noticed and several participants including Mr. Hertrich and she did not know if they were supposed to address the ILAs or consistency with the Comprehensive Plan. She observed the Hearing Examiner noted in connection with Comprehensive Plan consistency that on page 62 of the Comprehensive Plan all feasible means should be used to preserve the following open spaces, land that would have unique suitability for further recreational uses both passive and active. The Hearing Examiner also found this property was uniquely suitable for recreation. She pointed out abandonment of Edmonds City Council Approved Minutes December 15, 2009 Page 17 a park was consistent with doing everything feasible to preserve it. She recalled Mr. McIntosh citing the need for playfields numerous times and that there are no large undeveloped parcels suitable for fields. Ms. Petso urged the Council not to reaffirm the 2008 Comprehensive Plan amendment and instead pass a motion stating they did not want to abandon the park and planned to amend the Park Plan to restore potential acquisition of the park to the plan and to list the playfield in the field inventory. She disagreed with the finding that staffs recommendation that the 2008 Comprehensive Plan would not impact the appropriate balance of land uses in the City, pointing out it converted much - needed full size playfields in unneeded housing. She expressed concern with the second ordinance that terminates the 1997 . ILA for Madrona playfields via approval of the 2008 Park Plan, pointing out the 1997 ILA covered both Sherwood Park and Madrona. She referred to the requirement in the Comprehensive Plan to do everything feasible, pointing out it was feasible to put the park back into the plan. To Councilmember Bernheim's question, she pointed out the 1997 ILA did not expire on its own terms, it has a 10 year minimum term and cannot be terminated without the same formalities used to put it into place, approval by the three legislative bodies. Colin Southcoat Want, Edmonds, urged the Council not to terminate the ILAs that provide for playfield usage at the Old Woodway Elementary School. He pointed out when the development company purchased the property, they knew they were buying playfields and the property description listed the ILAs. He recalled a few years ago the Council voted not to tenninate the ILAs. He urged the Council to take a stand to do something special for future generations. To remove the ILAs that protect this prime playfield property from development would be a travesty. He recommended the Council retain the ILAs and the option to purchase the land. He commented on the lack of playfields in the City. Roger Hertrich, Edmonds, commented this public hearing was not on the Hearing Examiner's recommendation on the ILA but the GMHB's finding that there was improper notice and consistency with the Comprehensive Plan abandonment policy. He pointed out the Hearing Examiner provided a review and recommendation regarding termination of the ILA; however, it was advertised as a decision on consistency with the Comprehensive Plan. The notices were later corrected to reference abandonment. He recalled asking the Hearing Examiner whether the topic was abandonment or the ILA; she did not answer his question and made a decision on the ILA. He summarized the notices were incorrect and the Hearing Examiner mixed and matched the subject which invalidated her determination. Hearing no further comment, Mayor Haakenson closed the public hearing. City Attorney Scott Snyder explained the GMHB's order was that the Council complete its actions by December 15 and report to the Board. To fill a need in a neighborhood, the City Council purchased a 5+ acre park to replace the temporary arrangement for the use of two playfields. The Council unanimously approved a Comprehensive Park Plan amendment that confirms that. The GMHB ruled that two steps needed to be done and the plan was returned to the Council for confirmation. He requested the Council identify any changes at the October 20 public hearing to allow readvertising; no changes were requested. With regard to a park or playfield, he explained the hearing was advertised with regard to the City's interest which was two ILAs. A decision was made not to request reconsideration of the GMHB's decision. He summarized the notice accurately portrayed the City's interest; it would have been confusing if the notice stated abandonment of a park where no parks exists. Councilmember Plunkett asked whether the plan could be amended to reference potential acquisition of land west of Hickman Park. Mr. Snyder responded a motion could be made to schedule that for next year. If the Council wanted to amend the plan, public notification would be required. He explained the Park Plan, Capital Facilities Plan and Transportation Plan must be internally consistent and it was too late to make piecemeal amendments this year. Edmonds City Council Approved Minutes December 15, 2009 Page 18 Councilmember Plunkett observed any amendments to the Park Plan would require another public hearing. Mr. Snyder responded if the Council wanted to amend the plan, they should direct him to petition the GMHB for additional time. Councilmember Plunkett asked what happened if the Council did not act tonight. Mr. Snyder responded the Council would be in violation of the GMHB's order and he would need to petition the Board for additional time to hold an additional public hearing. The alternative would be to consider amendments next year. Council President Wilson observed the appeal to the GMHB upheld 2 of the 50 counts. The GMHB required an appropriately noticed public hearing and reaffinnation of the Park Plan. The Council previously took the position that adoption of the Park Plan also terminated the ILA but the GMHB was now requesting specific action to terminate the ILA. Mr. Snyder clarified that because there was no record of the substitution of the park for the ILAs, the Hearing Examiner's review and recommendation was required. Council President Wilson commented in reviewing the Hearing Examiner recommendation it appeared that because it was no longer public property, it could not be used for playfields unless the City purchased it and because the City did not own it, the City could not maintain it and should not have an ILA for that responsibility and should terminate the ILA. Mr. Snyder clarified assuming abandonment had occurred by the wording in the 2008 Comprehensive Plan, the question was whether abandonment was consistent with the Parks Plan. The Hearing Examiner's analysis determined it was that because the playfields had been replaced with a park, and agreements with other agencies were provided for in the Comprehensive Plan. The GMHB previously confirmed that was within the Council's legislative discretion and the way the Plan was established, that the City did not obligate itself to purchasing specific parcels. If the Council affirmed the 2008 Plan, Council President Wilson observed the Council should also terminate the ILA. If the Council made any changes to the Park Plan such as returning the property to the list of potential acquisitions, it was still not appropriate to retain the ILA because the City was no longer maintaining the property. Mayor Haakenson pointed out the School District and Snohomish County were no longer involved so there was no one to have an ILA with. Councilmember Bernheim inquired about maintenance of the Madrona fields if this ILA were terminated. Mr. McIntosh explained the ILA with the School District was for both the old Woodway Elementary and the Madrona sites. The City still maintains and schedules the Madrona property. Councilmember Bernheim commented the issue of terminating the ILA was not presented to the Council prior the sale of the property. When the Council made a decision not to purchase all the property and did not consider whether to terminate the ILA, it raised the problem of the property had been sold by the School District but the ILA was never formally terminated. Mr. Snyder pointed out the ILA was terminated by the other two parties; the City received a resolution from the School District surplusing the property. The City entered into applications for grant funds with Snohomish County and negotiations with the School District to purchase the site. He pointed out the assumption that because the City only purchased 5+ acres it was not preserving open space; staff viewed it as replacing permissive use of playfields owned by the School District with a 5+ acre park. Councilmember Bernheim expressed interest in acquiring the remaining property but preferred that be done via amendment to the Park Plan versus refusing to terminate the ILA. COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, TO ADOPT RESOLUTION NO. 1215 TERMINATING A 1997 INTERLOCAL AGREEMENT AND ACKNOWLEDGING EXPIRATION OF A 1999 INTERLOCAL AGREEMENT. Councilmember Bernheim proposed a friendly amendment to keep the ILA in place for Madrona School. Edmonds City Council Approved Minutes December 15, 2009 Page 19 Councilmember Plunkett recalled he was in the minor opinion with regard to purchasing the park property; he preferred to purchase the entire 10 acres. Although it may be easier do next year, he preferred to state the Council's interest in acquiring the property via the ILA. Therefore, he would not support the motion. Mr. Snyder suggested the friendly amendment revise the language in Section 1, line 2 of the resolution "accepts termination of the 1997 ILA as to the old Woodway Elementary site." Mr. Snyder advised the School District had already terminated the ILA. He suggested initiating discussion with the School District regarding a new ILA for the Madrona. Mr. McIntosh offered to confer with the Edmonds School District regarding whether the ILA for Madrona School had been terminated along with the ILA for old Woodway Elementary School. Mayor Haakenson summarized if the ILA for Madrona had been terminated, staff would initiate a new ILA. MOTION CARRIED (4 -2), COUNCILMEMBERS PLUNKETT AND ORVIS VOTING NO. COUNCIL PRESIDENT WILSON MOVED TO ADOPT ORDINANCE NO. 3772, REAFFIRMING THE ADOPTION OF THE 2008 PARK PLAN, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. MOTION CARRIED (4 -2), COUNCILMEMBERS PLUNKETT AND ORVIS VOTING NO. COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO EXTEND THE MEETING UNTIL 11:30 P.M. MOTION CARRIED UNANIMOUSLY. 11. CONTINUED PUBLIC HEARING ON THE CAPITAL FACILITIES PLAN ELEMENT UPDATE FOR 2010 -2015 TO THE CITY'S COMPREHENSIVE PLAN. THE PROPOSAL UPDATES THE CITY'S CAPITAL FACILITIES PLAN TO INCLUDE IMPROVEMENTS ADDITIONS UPGRADES OR EXTENSIONS OF CITY INFRASTRUCTURE SUCH AS TRANSPORTATION PARKS STORMWATER SEWER AND WATER SYSTEMS ALONG WITH OTHER PUBLIC FACILITIES NECESSARY TO IMPLEMENT THE CITY'S COMPREHENSIVE PLAN; INCORPORATES PROJECTS FROM THE RECENTLY UPDATED TRANSPORTATION AND PARKS PLAN ELEMENTS; ADDS ADDITIONAL CAPITAL PROJECTS WHICH EXTEND BEYOND 2015, AND SEPARATES THE MAINTENANCE, REPLACEMENT AND PRESERVATION PROJECTS FROM THE CAPITAL FACILITIES PLAN ELEMENT AND INTO A SEPARATE CAPITAL IMPROVEMENTS PLAN. Public Works Director Noel Miller explained the Capital Facilities Plan (CFP) was required by the GMA to identify and plan for capital projects that support the City's plans to accommodate growth. Planning Manager Rob Chave provided historical context, explaining the Edmonds' CIP (Capital Improvements Program) dates from 1973. The GMA- required CFP dates from the 1995 Comprehensive Plan. Although the terms CIP and CFP have been used interchangeably, the reasons for doing them — and the requirements — are different With regard to the CIP, Mr. Chave explained the CIP identifies improvements tied to a 5 -year project and funding schedule. It is a budgeting tool intended to tie budget decisions to 5 -year project needs. The CIP includes capital and maintenance items related to various utility and special funds. The CFP dates from City's first GMA Comprehensive Plan which was completed in 1995. The CFP identifies improvements tied to a 6 -year project and funding plan and is in response to a GMA mandate. Since City already had 5- year CIP, the "easy" solution was to add another year and adopt the CIP as the GMA- mandated CFP. Edmonds City Council Approved Minutes December 15, 2009 Page 20 Mr. Chave identified components found only in the CIP (6 -year maintenance projects with funding sources), only in the CFP (long range [20 year] capital needs, and in both the CIP and CFP (6 -year capital projects with funding sources. He provided a comparison of the CIP to the CFP: With regard to what's different this year, Mr. Miller explained in the past, the CFP was equal to the CIP. This year the CFP is being separated to simply address GMA requirements. The CFP now includes long - range capital projects in addition to the required 6 -year capital funding list. Preservation and maintenance projects are not part of the CFP, but are still part of the CIP. He explained the change was necessary because the GMA Capital Facilities Plan procedures are restrictive and provide less flexibility (e.g. amend only once per year or with budget amendment). The GMA only requires updating the CFP biennially (WAC 365 -195 -315). The CIP is a financial budgeting tool and logically should not be tied to a land use /GMA schedule. Mr. Miller reviewed the ideal annual plan coordination schedule that includes the City Council retreat, update of the Strategic Plan, budget, CIP, Transportation Benefit District (TBD), CFP and Comprehensive Plan. He summarized the CFP element can be amended on an ongoing basis throughout the year as part of an amendment to the City's budget or an update to other Comprehensive Plan elements. He relayed the City Attorney's recommendation to adopt the CFP update tonight to make it consistent with the changes made in the Transportation Plan element approved in October 2009 and the Parks Comprehensive Plan update approved December 2008. He advised the Council could address any unresolved concerns next year as part of the next update cycle. Councilmember Plunkett commented in order to include the Skipper's site, the old Safeway property and the land west of Hickman Park in the CFP, they must be in the Park Plan. Mr. McIntosh pointed out the Park Plan already identifies the Downtown Waterfront Activity Center. Mr. Snyder clarified there was a starburst on the map that identified a need in that area; specific sites were not identified. Councilmember Plunkett commented the area west of Hickman Park was not identified in the Park Plan or the CFP. Mr. McIntosh agreed. Councilmember Plunkett observed projects could be incorporated into the CFP via a budget amendment in 2010. Councilmember Orvis asked whether there was enough time to add projects to the CFP if the Council wanted to ask the voters to increase the TBD vehicle license fee. Mr. Snyder advised all the plans needed to be consistent and there was not enough time this year to amend the plans. Because the CFP referenced the TBD, Council President Wilson asked whether a similar plan needed to be adopted at the TBD level. Mr. Snyder answered no; the TBD adopted a project plan for street maintenance items that are not on the CFP. Council President Wilson asked whether the TBD had bonding capacity. Mr. Snyder answered it did. Council President Wilson commented although there were no plans for a TBD bond, were there any Edmonds City Council Approved Minutes December 15, 2009 Page 21 CIP CFP Mandate? None GMA Reason? Budget GMA Time Frame? 6-year 6 -year, 20-year Include Capital? Yes Yes Include Maintenance Yes No With regard to what's different this year, Mr. Miller explained in the past, the CFP was equal to the CIP. This year the CFP is being separated to simply address GMA requirements. The CFP now includes long - range capital projects in addition to the required 6 -year capital funding list. Preservation and maintenance projects are not part of the CFP, but are still part of the CIP. He explained the change was necessary because the GMA Capital Facilities Plan procedures are restrictive and provide less flexibility (e.g. amend only once per year or with budget amendment). The GMA only requires updating the CFP biennially (WAC 365 -195 -315). The CIP is a financial budgeting tool and logically should not be tied to a land use /GMA schedule. Mr. Miller reviewed the ideal annual plan coordination schedule that includes the City Council retreat, update of the Strategic Plan, budget, CIP, Transportation Benefit District (TBD), CFP and Comprehensive Plan. He summarized the CFP element can be amended on an ongoing basis throughout the year as part of an amendment to the City's budget or an update to other Comprehensive Plan elements. He relayed the City Attorney's recommendation to adopt the CFP update tonight to make it consistent with the changes made in the Transportation Plan element approved in October 2009 and the Parks Comprehensive Plan update approved December 2008. He advised the Council could address any unresolved concerns next year as part of the next update cycle. Councilmember Plunkett commented in order to include the Skipper's site, the old Safeway property and the land west of Hickman Park in the CFP, they must be in the Park Plan. Mr. McIntosh pointed out the Park Plan already identifies the Downtown Waterfront Activity Center. Mr. Snyder clarified there was a starburst on the map that identified a need in that area; specific sites were not identified. Councilmember Plunkett commented the area west of Hickman Park was not identified in the Park Plan or the CFP. Mr. McIntosh agreed. Councilmember Plunkett observed projects could be incorporated into the CFP via a budget amendment in 2010. Councilmember Orvis asked whether there was enough time to add projects to the CFP if the Council wanted to ask the voters to increase the TBD vehicle license fee. Mr. Snyder advised all the plans needed to be consistent and there was not enough time this year to amend the plans. Because the CFP referenced the TBD, Council President Wilson asked whether a similar plan needed to be adopted at the TBD level. Mr. Snyder answered no; the TBD adopted a project plan for street maintenance items that are not on the CFP. Council President Wilson asked whether the TBD had bonding capacity. Mr. Snyder answered it did. Council President Wilson commented although there were no plans for a TBD bond, were there any Edmonds City Council Approved Minutes December 15, 2009 Page 21 projects in the CFP items that could be funded via a bond. Mr. Snyder answered the TBD would need to be reconstituted as capital projects were not its current purpose. He explained TBDs were originally envisioned to fund large projects. Councilmember Bembeim observed a roundabout at Five Corners in the amount of $1.9 million was included in the CFP. Observing there may be projects other than the roundabout that he would rather fund during the next 5 -10 years, he asked whether staff would object to removing the roundabout from the CFP. Mr. Miller answered the Transportation Plan update also included the roundabout; if it were removed from the CFP, the plans would not be consistent. He pointed out the roundabout project was scheduled in 2015 thus there was adequate time for the Council to reassess its project priorities. Councilmember Bernheim asked how a project could be removed from any of the plans without the plans being inconsistent. Mr. Miller suggested beginning the process by review of the TBD funding mechanism next year with the Transportation Committee to develop a list of prioritized projects. If the public approved an increase in the TBD vehicle license fee, the Transportation Plan and the CFP could be updated to reflect the changes. Community Services /Economic Development Director Stephen Clifton commented if the Council planned to consider any zoning changes that would intensify development at the Five Corner intersection, the roundabout was a primary traffic mitigation feature and will be used to allow traffic to flow more smoothly as development intensified. Mayor Haakenson opened the public participation portion of the public hearing. Don Fiene, Edmonds, member of the Transportation Committee, commented the CIP /CFP was the most important plan Engineering prepared. As a primarily built out city, attention needed to be given to the aging infrastructure. He urged the Council to consider the CFP mid -year so that it could be considered along with the budget. He reiterated the comments made by members of the Transportation Committee last week that the Council needed to develop a transportation funding plan whether it was a TBD or other mechanism. He expressed concern with the overlay cycle and the lack of sidewalks near schools, commenting Edmonds could not consider itself sustainable if people in certain areas had to drive to leave their neighborhood such as Meadowdale and Seaview. With regard to stormwater, he referred to two projects that had been designed but were not being constructed due to a lack of funding. He summarized water, sewer, stormwater and transportation are services residents depended on daily. Over the last 30 years the City has been doing regular water line replacement; this has not been done for the past 2 years. With 130 miles of water line with a life expectancy of 100 years, the City needed to replace 1.3 miles every year. He reiterated the need for funding for these programs and making capital improvements a priority. Lora Petso, Edmonds, commented the Council was being told if they made any changes to the CFP, it would be inconsistent with the previously adopted plans; however, she felt unless the Council made changes to the CFP it would be inconsistent with previously adopted plans. For example, the Park Plan has line items for miscellaneous park acquisition and waterfront acquisition; there is no such project in the CFP. She pointed out a project could not be funded with REST funds unless it was included in the CFP. She recalled assurance from Parks staff during the GMHB hearings that the City would acquire parks; however, if the Council adopted the CFP with no park acquisition, it appeared the City was not planning to acquire parks. The CFP also needed a needs assessment or a facilities inventory and recommended the CFP adopted the other plans as part of the CFP so that the missing elements were provided. She referred to the existing Capital Facilities Element in the Comprehensive Plan that included policies regarding essential public facilities and hoped the proposed list of projects would not replace the existing element. She was also concerned with stormwater projects, noting one of the projects on 238`" appeared to dump the water into the new facility under Hickman Park and she suspected the overflow would be Woodway Meadows. She commented the new stormwater system in that area was not working well. Edmonds City Council Approved Minutes December 15, 2009 Page 22 Roger Hertrich, Edmonds, expressed concern that park acquisition was not included in the CFP. He commented the "purple starburst" identifying the Downtown Waterfront Activity Center did not adequately describe the boundaries of that area. He expressed concern with several projects in the CFP including the roundabout at Five Corners, signals at 9th & Walnut, 91h & Main and 9th & Caspers, the cost range for the aquatics center, and the estimated cost of the civic center playfield. He recommended the City work with the School District to identify the old Woodway High School as a possible site for an aquatics center. Hearing no further comment, Mayor Haakenson closed the public hearing. In response to Ms. Petso's comment regarding inconsistency between the CFP and the Parks Plan, Mr. Snyder explained the City has aspirational goals with regard to park acquisition and identified general areas /needs. The CFP identifies specific funding projects. The GMHB found that was not inconsistent as there was nothing in the GMA that requires a city to identify targeted parks; a city can take advantage of opportunities as they arise. He agreed if the Council wanted to purchase property, the CFP would need to be amended to add that property as well has have a public hearing before the Hearing Examiner. With regard to the stormwater concerns, Mr. Miller explained the Stormwater Comprehensive Plan was currently being updated and he anticipated it would be presented to the Council for review by the end of first quarter 2010. Councilmember Plunkett asked if staff had investigated the 238th stormwater system. Mr. Miller offered to check the system during the next heavy rain. In response to Mr. Hertrich's comment that the purple starburst was not defined, Mr. McIntosh agreed it was not defined in the Parks Plan but it was defined in the Comprehensive Plan as the Downtown Waterfront Activity Center. He commented the City had been aggressive about obtaining properties in the past few years including property in Shell. Creek, Old Mill Town, and Hickman. Park. When opportunities arise, the Council has the opportunity to make purchases if adequate resources or grant funds are available. For example, the City received $1.7 million in grant funds to assist with the purchase of Hickman Park, a record amount for a neighborhood park. The emphasis in the Parks Plan, identified via surveys, the advisory group and recent trends in parks and recreation, is to partner with other entities primarily the School District to improve existing properties. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, TO EXTEND THE MEETING FOR 30 MINUTES. MOTION CARRIED UNANIMOUSLY. Council President Wilson observed the CFP budgeted funds in 2012 for a signal 88th /196th Street intersection although the consultant stated it did not meet the State's warrants. Mr. Miller responded if the intersection did not meet the warrants by 2012 other projects would be considered if adequate funding was available. Transportation Engineer Bertrand Hauss explained the intersection was identified as a level of service F and an existing concurrency project. Therefore staff will continue to check whether the intersection meets the warrants in future years. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, TO APPROVE THE CAPITAL FACILITIES UPDATE. Councilmember Bernheim explained he would support adoption but planned to review the plan more closely next year in an effort to prioritize projects, tie them to available funds and include other projects such as parks. He summarized the projects that he had concerns with were far enough in the future that there was time to stop them if necessary. Edmonds City Council Approved Minutes December 15, 2009 Page 23 Planning Manager Rob Chave encouraged the Council to conduct a strategic planning process at the retreat. MOTION CARRIED UNANIMOUSLY. Council President Wilson commented he had a number of reservations about the CFP. There were policy implications in the CFP that the Council had not fully vetted. There was no mention of Yost Pool but there was mention of a new pool. There was a $150,000 expenditure next year for 41h Avenue when those funds could be spent on sidewalks. He suggested the Council's review of the CFP occur earlier next year. 12. ORDINANCE AMENDING THE COMPREHENSIVE PLAN TO UPDATE THE CAPITAL FACILITIES ELEMENT FOR 2010 -2015. City Engineer Rob English explained this ordinance adopts the Capital Facilities Plan the Council approved as an amendment to the Comprehensive Plan. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO ADOPT ORDINANCE NO. 3773, AMENDING THE COMPREHENSIVE PLAN TO UPDATE THE CAPITAL FACILITIES ELEMENT FOR 2010 - 2015 AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. MOTION CARRIED UNANIMOUSLY. 13. AUDIENCE COMMENTS Mike Cooper, Edmonds, explained four days ago he received a letter from a wireless company stating their plan to replace a utility pole with an 88 -foot pole that includes 3 antennas and possibly 1 microwave. He displayed an aerial photograph identifying the location of his home and the location of the pole. He was told that the same installation was attempted approximately ten years ago at a nearby church property and was moved to a more appropriate location atop a water tower. He relayed his neighbors' and his concerns that the installation would lower property values, that it was more appropriate for a commercial or multi family zone where the height of the pole would be more suitable, and health risks of the RF signal in the microwave. He referred to an east -west easement on his property along the driveway for a pipe, advising the proposed installation included a 13x7 foot underground vault. He suggested, 1) the City revisit the existing codes with regard to installation of antennas in single family residential areas, and 2) the proposed pole be relocated to another area. Mayor Haakenson explained Clearwire proposed to replace a 70 -foot PUD pole with a wood pole as required by the code. Clearwire is holding a neighborhood meeting on December 21, also a requirement in the City's Code. Mayor Haakenson clarified the City could regulate the type of pole (wood), the height of the pole and the size of the equipment on the top of the pole and the equipment on the ground. He suggested the neighbors attend the December 21 meeting and request the pole be installed elsewhere. City Attorney Scott Snyder explained federal law prohibited the City from regulating health aspects. Lora Petso, Edmonds, thanked the Council for their work and commitment to the issues of the budget, parks, and the CFP; it was clear the public's concerns had gotten through and there appeared to be an intent to address their concerns. She echoed the request of the Council to review the CFP earlier in the year. She was frustrated the GMHB issued a requirement that the Council obtain a recommendation from the Hearing Examiner; the Hearing Examiner gave a recommendation and the Council was not allowed to consider it tonight. She reiterated her question regarding how the Capital Facilities Plan affected the existing Capital Facilities element. She was hopeful the plan was simply added to the existing element. Edmonds City Council Approved Minutes December 15, 2009 Page 24 Roger Hertrich, Edmonds, agreed with Ms. Petso's comments about the irregularities with regard to the Hearing Examiner. He thanked Mr. Clifton for providing him an answer regarding the $361,000 in the Multimodal Fund. 14. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF DECEMBER 8.2009 Community Services /Development Services Committee Councilmember Orvis reported the Committee was provided a briefing on homeless shelters, an issue the Council discussed on tonight's agenda. Next the Committee continued its discussion on bikini barista stands. The Committee discussed dogs and Sunset Beach and determined a person on the beach would have had to illegally cross the tracks; no action was taken on this item. The Committee also discussed removing colored utility markings; the Committee will continue to research this matter. Staff provided the Committee an update on the Stormwater Code. Next steps include State review and SEPA review before it is presented to the Council in 2010. Finance Committee Councilmember Plunkett reported the Committee was provided the Third Quarter Budget Report for 2009 as well as the General Fund Report for the month of November. Staff presented the 2010 Non - Represented Employee Pay Schedule; after conducting a salary survey, it was determined no changes were necessary. Staff also presented the 2010 Hourly Positions by Pay Grade, Title and Wage; after conducting a salary survey, several positions were downgraded. Public Safety Committee Councilmember Peterson reported the Committee reviewed several end -of -year housekeeping contracts that were approved on the Consent Agenda including the 2010 Addendum to Prisoner Detention Agreement with the City of Lynnwood, Kenneling Services Contract between Adix Bed and Bath for Dogs and the City, Contract for Fleet Services with Snohomish County Fire District 1, and Subscriber Agreement with Public Safety Testing, Inc. for Service Years 2010 -2012. Fire staff reviewed Fire Department transition issues with the Committee. The Committee also discussed the City's current ordinance on barking dogs and whether to reduce the number of complainants from three to two. It was agreed to leave the number at three and residents were encouraged to call 911 to report a barking dog as dispatchers prioritize calls. 15. MAYOR'S COMMENTS Mayor Haakenson expressed his appreciation to Councilmember Wambolt for his service and wished him well. 16. COUNCIL COMMENTS Council President Wilson echoed Mayor Haakenson's comments to Councilmember Wambolt. Next, he commented that after requesting information from Human Resources regarding total compensation, he learned the City provides a 7.5% of salary contribution to their pension fund. He suggested the amount of the contribution be discussed during the budget process next year. He also expressed his appreciation for the opportunity to serve as Council President and for the Council's work on sustainability that has made Edmonds a leader. He looked forward to sustainability being a continued part of next year's agenda. He commented the Council had also been successful at elevating the City's financial situation to the public. That will continue next year and he anticipated a return to an annual budget may be considered. Councilmember Peterson reiterated his thanks to Councilmember Wambolt and his appreciation for his hard work which was an example to all. He wished the Council and the public a Happy Holiday and Edmonds City Council Approved Minutes December 15, 2009 Page 25 looked forward to a successful 2010 with the Council and the Edmonds community. He emphasized the importance of homeless shelters and urged the public to reflect on those less fortunate. Councilmember Orvis thanked Councilmember Wambolt for his service and wished everyone a Merry Christmas. Councilmember Plunkett wished everyone Season Greetings and commented he would sincerely miss meeting with Councilmember Wambolt. Councilmember Bernheim echoed his earlier comments to Councilmember Wambolt. He thanked Council President Wilson for his service as Council President, particularly his work organizing the levy and creating the Economic Development Commission. Both had required a great deal of time and were very valuable at raising the public's awareness of the City's financial issues. Councilmember Wambolt thanked everyone for their kind comments, noting he would miss serving on the Council. He wished everyone a Merry Christmas and a Healthy and Successful 2010. Mayor Haakenson also wished everyone Happy Holidays. 17. ADJOURN With no further business, the Council meeting was adjourned at 11:55 p.m. Edmonds City Council Approved Minutes December 15, 2009 Page 26