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06/13/1995 City Council612U/95 EDMONDS CITY COUNCIL APPROVED MINUTES JUNE 1391995 Pursuant to notice, the Edmonds City Council meeting was called to order at 7:05 p.m. by Mayor Laura Hall at the Public Works Facility, 7110 - 210th Street S.W. The meeting was preceded by the flag salute. ELECTED OFFICIALS PRESENT Laura M. Hall, Mayor Tom Petruzzi, Council President Barbara Fahey, Councilmember William J. Kasper, Councilmember Michael Hall, Councilmember Dave Earling, Councilmember John Nordquist, Councilmember Roger L. Myers, Councilmember FULL COUNCIL REVIEW AGENDA STAFF PRESENT Michael Springer, Fire Chief Tom Miller, Police Chief Art Housler, Administrative Services Director Paul Mar, Community Services Director Rob Chave, Planning Manager Brent Hunter, Personnel Manager Jim Walker, City Engineer Noel Miller, Director of Public Works Jeannine Graf, Building Official Sandy Chase, City Clerk Christine Laws, Recorder Council President Petruzzi asked to include as Item G on the Full Council Agenda a three to four minute update on the Financial Center. COUNCIL PRESIDENT PETRUZZI MOVED, SECONDED BY COUNCILMEMBER MYERS, TO ADD AS ITEM G TO THE FULL COUNCIL AGENDA A THREE TO FOUR MINUTE UPDATE ON THE FINANCIAL CENTER AND TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED. (A) NATIONAL .FLAG DAY PROCLAMATION fl�G A� Mayor Hall read into the record the City of Edmonds Proclamation dated June 8, 1995, designating June 14 as Flag Day in the city of Edmonds and urged all citizens to pause on June 14 at 4:00 p.m. for the 16th Annual National Pause for the Pledge of Allegiance to Flag and Nation. (B) PRESENTATION ON UPDATED BUILDING CODE � D Planning Manager Rob Chave introduced Building Official Jeannine Graf who provided Council with a brief overview of some of the changes expected with the new 1994 code. As with previous UBC editions, the intent is for all jurisdictions to adopt the same building codes so that standards are uniform and the public and building community know what to expect in each jurisdiction. However, one primary difference is that the 1994 code represents a national code, as opposed to the regional codes adopted in the past. Approved City Council Mintues June 13, 1995 Page I Changes in the 1994 code can be broken down into three main areas: administration, technical changes, and fees. A brief discussion of specific changes followed, and Council attention was called to the Agenda Memo for more detailed information. Mr. Chave reiterated that there are fee schedules attached to the code. Edmonds has not wholly adopted a fee schedule at a specific point in time, but has chosen to gradually phase in the increase. There is not a Staff recommendation on the fee schedule yet. In light of the Council's 1 00% cost recovery policy, Staff wants to take a hard look at revenues versus fees to see how the new fee schedule compares to the old and come up with a set of recommendations. Staff feels fees are something on which more time should be taken. It was suggested Council adopt the standards part of the code and leave the fee table as something that would be brought back to Council for further discussion. Councilmember Hall raised the issue of tank removal and asked for clarification. A brief discussion followed concerning the cost of, and alternatives to tank removal for residential properties. COUNCILMEMBER KASPER MOVED TO MOVE THIS MATTER TO THE COMMUNITY SERVICES AGENDA WHERE IT SHOULD BE. MOTION DIED FOR LACK OF SECOND. Councilmember Hall asked if there was something that had to be done to determine if there was spillage or leakage. He also asked if the City had the authority to not adopt these kinds of regulations. Ms. Graf reported that the City Attorney has advised her that these are State mandated, so the City is obligated to adopt. The fee schedules and the 35 appendices are where Council has leeway. Councilmember Hall not0d the huge impact that could result. Council President Petruzzi agreed that there is the potential for a significant impact on both developers and individuals. He questioned whether Council was going to get to have a hearing on any of the aspects of this code. Mr. Chave cautioned that Council not give the public the impression the whole code was up for debate. He felt the hearings should be focused more on areas where the City has latitude. Councilmember Myers asked how changing from oil to natural gas effected tank removal and how the City would know. He was advised that it is the homeowner's responsibility to advise the City. Discussion followed concerning some of the ways the information may come forward. Councilmember Fahey suggested one of the places this may show up is on the transfer of a property which could be dealt with at closing. She further asked for clarification as to why there is a control on the fees the City chooses to charge and why fees have been increased 38%. Mr. Chave asked Ms. Graf to explain the current fee schedule. Councilmember Fahey also asked for an interpretation of the phrase "occupancy" in terms of fences and tanks. Councilmember Myers questioned the fees of 90% of the table that accompanied the 1985/88 code and how that fits in with the ordinance requiring full capture of operating costs and other associated development services through permit fees. Mr. Chave explained they establish fees that relate to the cost of construction. The City's policy is apart from that and does not relate to construction cost but to its cost of doing business in providing services for the builders, answering questions from the public, and other services that the Building Department and others in the building review process perform. Councilmember Myers asked why Council was even looking at the 1985 fee schedule when the City's ordinance provides for recaptured operating costs. Mr. Chave answered that it has at least a rational nexus with the cost of construction. It is a good place to start. It is a more fair way of approaching the overall fee system rather than starting with zero. Councilmember Kasper explained that this is a police power and that other police Approved City Council Mintues June 13, 1995 Page 2 powers are not charged. His only problem is how they measure, with all their staffing, how much is code related as opposed to general information and how that information can be separated out. Mr. Chave indicated Staff wants to do more research, measure the City's costs, look at the schedules and bring that information back to Council in a separate discussion. Staffs recommendation is to look at a schedule for adopting the code and try to have the fees on a separate time frame. Councilmember Kasper noted his opinion that a public hearing should be held regarding the fees.. Discussion followed concerning cost of living increases. Councilmember Hall expressed his concern about the unfunded mandate from that state and there being no ability to get low -interest loans. Whatever can be done to mitigate those hassles for the public is what Council should consider. There was then discussion concerning the procedure to be used. Council, in committee, should look at those items on which the City has a vote or choice. Mr. Chave confirmed that, presuming Staff can separate the appendices from the main body of the code, Staff should go ahead and schedule the main code for adoption in the July time frame so it will coincide with the other jurisdictions. Councilmember Kasper believes the key is to get the users' concurrence or agreement. It was confirmed the State will pass this issue on June 30. The amount of time for Council to then act is open-ended. A lot of jurisdictions will be passing it in July, and the longer you go, the more inconsistency there is. (C) REVIEW OF EDITS AND AMENDMENTS TO COMPREHENSIVE PLAN CEO �LAd Planning Manager Rob Chave said Staff had tried to assemble most of the edits and amendment information for Council. A large part of the material is coming from EIS documents and is background information. The State requested to show the work, with more detail in the population projections and the various other issues indicated in the materials attached to the Agenda Memo, so that they can understand that the City is meeting the State population projection goals, it is consistent with the county -wide policy, etc. Mr. Chave then called Council attention to, and discussed, Attachment 2. The county has already set a large urban growth area. There was a public hearing before the Planning Board. What Staff has done is identify the areas in which the City has an interest. The other item highlighted was the Capital Facilities List which was handed out separately from the Council packets. Changes include the acquisition of the Financial Center and a line item for the purchase of Fire Station 10 from Fire District No. 1. Councilmember Myers asked about the adopted Master Plan for a Southwest County Park which was not found in his packet. Mr. Chave will ask Arvilla Ohlde, Parks and Recreation Manager, to provide a copy. Councilmember Kasper asked Mr. Chave to go over senior housing and explain why he doesn't think it necessary at this time. Mr. Chave understood the original question to be, "Do we have, or is there information on strategies to address senior housing". In initial discussion with the Community Services Committee a couple of meetings ago on a potential housing study, what Staff has identified as a need to do by the end of the year was to come up with a menu list of housing strategies to address some of the housing needs and affordability questions for the City. Staff wanted to do a two-phase study. This year Staff wants to try to come up with that menu of strategies so that by year's end Council would have an identified set of needs and, matching up with those needs, a selection of strategies that could give Council a variety of ways of addressing that need. Staff wants Council to have a list of choices it can evaluate, match up the Approved City Council Mintues June 13, 1995 Page 3 policies, and give some direction as to strategies Council wishes implemented in code, by the first quarter of next year. This is scheduled to come back to the Community Services Committee next month. Councilmember Kasper said his only concern is that the city is running out of land. Mr. Chave agreed it was a creative challenge. Councilmember Earling indicated page 28 of the Agenda Memo talks about the difficulty the City faces in meeting affordability and housing goals. It also discusses joint funding projects with three cities. Councilmember Earling asked if Mr. Chave could find out what those strategies are and what progress is being made. Mr. Chave stated that information would be part of the information in the package to be brought back to Council -- a review of what other jurisdictions are doing. The intent is to try and integrate this into the material Council would have for adoption of the Comprehensive Plan on June 20. Mr. Chave added that there had been a public hearing on the Environmental Impact Statement, and no one attended. (D) CONTINUED DISCUSSION ON COUNCIL MEETING PROCEDURES (Continued from 4/25/95) po��1 d ,ofD g5 With regard to late meetings, Council President Petruzzi thinks the timing element being utilized has PRpbf improved the situation. Even when matters are being extended, Council is doing so knowledgeably. He expressed an openness for any suggestions of Council regarding the meeting structure. Councilmember Hall noted that he had been saving the items that have come across his desk regarding what other jurisdictions do. He also stated that his major concerns have always been that the public know what the procedures are so if Council gets caught with someone wanting to at the last minute ask for a continuance, the rules and procedures are known. Councilmember Hall feels that Council should have some committee or group look through the possibilities and then bring it back to Council for final determination. There is no written procedure upon which to fall back. Council President Petruzzi and Councilmember Hall agreed that it was generally hearings that got out of hand. Council President Petruzzi would like to see it more structured so that everyone knows, or had a reasonable understanding, of what is going to happen. Council can suspend the rules for political expediency, but it should have some formal rules. He asked that all Council members receive a copy of what the present format is so that Council better understands it. He suggested that perhaps for a while a copy could be presented each hearing night. Councilmember Hall cited examples of the types of information contained in the information he has collected from five cities. He suggested that if Edmonds did not have specific procedural rules, Council may wish to look through that material more closely. Councilmember Hall raised the issue of whether Council wished to continue to have de novo hearings or whether it wants to have some kind of record that can be referenced when Council gets to that process. To his knowledge, Councilmember Hail believes the City of Edmonds to be one of the few triers -of -fact who does not have a record from prior proceedings. Council President Petruzzi asked Councilmember Hall to take the lead on this matter. The subject could be raised at a joint session. Councilmember Fahey expressed concern and frustration over the fact that often times there is not sufficient time allotted to a hearing to be able to ask all the questions felt pertinent or discuss the matter in as much detail as desired. She suggested that perhaps another meeting could be held at which only one or two items could be discussed at length. There was discussion of past practices. Approved City Council Mintues June 13, 1995 Page 4 Councilmember Earling agreed with Councilmember Fahey and cited the cellular tower issue as a prime example. The reason he had requested a workshop on this matter is so that more information can be provided in order for Council to feel knowledgeable and comfortable about any decision made. Councilmember Nordquist cited the Tukwila ordinance as an interesting format of how the meeting is handled. He also noted that they use the committee system more effectively than is seen in a lot of cities. He described their procedure. He also outlined a way in which Council -members would be able to attend committee sessions other than their own. Councilmember Nordquist reminded Council of the memo sent by Paul Mar at or around retreat time. He asked Council President Petruzzi to review it prior to the end of the year. He feels Mr. Mar is right when he says there are certain things being assigned to committees which really are things that should be considered by the Council as a whole. He suggested what was necessary was to develop job descriptions for each of the committees and then assign under that type of format. Councilmember Nordquist's final comment concerned the Mayor and Council portions of the meeting. He thinks they are too long and suggested that some of this information could be transmitted to other Council members and the Mayor through memoranda. He said the original intent of these sections was to specifically draw attention to things that were not on the agenda that members wanted considered later. If members thought about what they were going to say and condense it, the meetings can be shorter. (Councilmember Kasper left the meeting at this time.) Mayor Hall said there had been one other criticism audience participants have brought up -- the Consent Agenda. The role of the Consent Agenda they felt should be more housekeeping. She also noted that'on numerous occasions several items are pulled which also adds to the length of the meetings. Councilmember Earling reminded Council to call Staff with any questions prior to the meeting. He feels there is a lot of time being spent on obtaining background information that could be personally obtained outside the Council meeting. Councilmember Nordquist suggested that Staff could state their agenda placement number, their recommendation, and open it for questions. Councilmember Myers suggested placing the student representative's time early in the meeting could be incorporated. Discussion followed as to where to appropriately place the time slot. It was submitted that Council should make an effort to reassure the student representative during the first 4-6 meetings they are here that it is looking for participation from the representative. If there is not participation, perhaps time could be allotted after the audience portion. Councilmember Hall asked if it would be possible to place the Council portion after the audience segment in order to garner more public exposure by having more people in attendance. He expressed concern that they would be reporting on committees or discussing things that are a result of citizen approach at 11:00 p.m. If input from the student representative were anticipated, they frequently can't stay that long. Councilmember Fahey initiated discussion of the possibility of public service announcements prior to the commencement of the Council meeting for use by both Council members and the public. Council President Petruzzi cautioned that this segment not be used as a political tool. One of the concerns addressed by Mayor Hall was the fact that when the public turns in to watch a replay of the Council meeting, they expect it to start with the flag salute. It was suggested that public announcements by Council members should be instituted on a trial basis. Approved City Council Mintues June 13, 1995 Page 5 Council President Petruzzi returned to the point raised by Councilmember Nordquist concerning matters being before a committee that should be before Council as a whole. He suggested that if something comes up and the chair of the committee thinks it belongs before the full Council, it should be set up that way. In looking at the committee agendas, he assumes that all items contained thereon have been approved by the committee chair. (E) PROPOSED ORDINANCE AMENDING THE 1995 BUDGET WHICH INCORPORATES THE AfAroP ACQUISITION OF THE EDMONDS FINANCIAL CENTER BUILDING rqq5 ,L,,t,0Ff Administrative Services Director Art Housler reported that since January 1 the City Council has taken numerous actions that require changing the budget, in particular increasing the appropriations of many of the 33 Funds which requires an ordinance. These actions are consolidated twice a year and included in an ordinance in June and December. The action before Council is an ordinance that shows all of these changes in detail. The amount of increase in these budgets is $5,388,000 which includes acquisition of the new Financial Center and salary increases for all City employees that was budgeted in the Council Contingency Fund and had to be transferred to the various funds, termination pay, Bill Angel's retirement, EIS grant, capital improvements, etc. Prior to opening this matter to public discussion, Council President Petruzzi confirmed that all of these items have been pre -approved by the City Council. Councilmember Earling confirmed that this is a housekeeping change only. Councilmember Myers confirmed that the total given was a combination of the two ordinances. Councilmember Nordquist questioned the HUD Block Grant. The public portion of the meeting was opened, and upon no civic response, was closed. COUNCIL PRESIDENT PETRUZZI MOVED, SECONDED BY COUNCILMEMBER MYERS, TO ADOPT ORDINANCE NO. 3029 AMENDING THE 1995 BUDGET WHICH INCORPORATES THE ACQUISITION OF THE EDMONDS FINANCIAL CENTER MOTION CARRIED. (F) DISCUSSION ON REOUEST FOR PROPOSALS (RFP) FOR CONCEPTUAL DESIGN OF PUBLIC SAFETY COMPLEX SPACE NEEDS POO Comoft PLa Community Services Director Paul Mar and Police Chief Tom Miller led the discussion of this issue. Mr. Mar reminded Council that this matter was first before Council on Committee Night in February and �Pps was brought before the Finance Committee in April. The decision at that time was to defer doing anything /f on the Public Safety Complex portion of the City Hall project until the Financial Center issues were all cleared. Those were all cleared a week ago. What is before Council tonight is the Mayor and Cabinet's recommendation on the next step -- extend the Arai/Jackson contract via change order so that they can complete the physical development portion of their original scope of work. This would be limited to police, courts, fire department and administration components of the City Hall to be constructed on the City Center site. Councilmember Earling initiated discussion concerning the retention of Arai/Jackson who he has not seen meet a final budget. He voiced appreciation that page two of the Agenda Memorandum lists a "not -to - exceed" budget. Mr. Mar intends to approach this in a manner similar to that used in the space programming phase. Staff will take a. more intensive role in this; Fire and Police senior managers will participate. If Council authorizes the Mayor and Staff to proceed with this, within a week he will come back to Council with either a yes or no as to being able to do this for the not -to -exceed amount. It was Approved City Council Mintues June 13, 1995 Page 6 suggested by Councilmember Nordquist that perhaps a fresh approach was needed. Mr. Mar reiterated the City is not asking Arai/Jackson to go through the design of the facility for construction, but is asking them to provide pre -design conceptual design services that will allow the City to get enough information to put a cost estimate together to put the issue on the ballot for early next year. Mr. Mar believes it would be cost- effective to continue with Arai/Jackson for this phase. He would not recommend using them for the total architectural fee. Councilmember Fahey commented that she hopes that when this is studied, it is studied with an eye toward meeting all the needs of the Police and Fire Departments as well as leaving the City with optimum abilities for additional improvements to that site in the future. She then began discussion on the issue of parking which all agreed was a high -priority item. Council President Petruzzi questioned how much, if any, of the $45,000 had already been used. Mr. Mar confirmed that the total amount will probably be in the not -to - exceed $60-61,000, starting with the $45,000. Chief Miller said Arai/Jackson was to do the "bubble design" so that cost expectations can be determined and not the actual design of the building. They have the expertise, past history and knowledge. Chief Miller strongly encouraged Council to look at that as moving forward to the plan to go after RFPs for the final design of the building. COUNCIL PRESIDENT PETRUZZI MOVED, SECONDED BY COUNCILMEMBER HALL, TO AUTHORIZE STAFF TO NEGOTIATE A SCOPE OF WORK AND FEE EXTENSION TO ARAI/JACKSON'S EXISTING SPACE NEEDS CONTRACT FOR THE PUBLIC SAFETY PORTION OF THE SPACE NEEDS. THE SCOPE OF WORK SHALL BE PERFORMED WITH A NOT -TO -EXCEED BUDGET OF $28,000. Councilmember Earling asked how long it was expected to be before the work was completed. Mr. Mar indicated it would be about four months, after which the City will try to constrict that to about three. The concept needs to be in place and the cost estimates need to be to a place where all feel comfortable on the price of the project and the scope of the project so that the issue can go to the voters. Chief Miller said the Council needs to at some point take formal action to take the date of February 6 and get a resolution for a special election for the bond. ROLL CALL OF COUNCIL: FAHEY, YES; MYERS, NO; HALL, YES; PETRUZZI, YES; NORDQUIST, NO; EARLING, YES; KASPER, ABSENT. MOTION CARRIED WITH A VOTE OF 4-2. With regard to Chief Springer's comments about the bond issue and designing the building to go with the bond issue, Councilmember Nordquist asked if the fire station at 5 Corners will be on that bond issue and where the City is on that project. Chief Springer discussed the plans. He said they are to be looking first at Fire Station No. 7 and then Fire Station No. 6. Staff is looking at locations for Fire Station No. 6. Mr. Mar said that what they intend to do is take the Arai/Jackson solution for Fire Station No. 7, minus the Fire Administration portion that will be on the Civic Center site, and the additional land acquisition cost will be the other factor that will add into what goes into the bond. Councilmember Myers expressed concern over the fact that if the City runs two different bond issues, the citizens will be unhappy. He would like to see an entire plan put together as soon as possible. The Council must be informed before it can inform the public. Mayor Hall advised there is to be a meeting Thursday at 7:00 a.m. with the School District to see if there can be a cooperative effort since they also will have a bond issue on February 6. Council President Petruzzi cautioned Council about not making the bond too heavy. He said a good, solid presentation is needed so it does not look like the City is reaching over its head. Approved City Council Mintues June 13, 1995 Page 7 (G) UPDATE ON FINANCIAL CENTER A� �� k that the nit Services Director Paul Mar verified for Council President Petruzzi what had been done and project ischedule. Council President Petruzzi spoke briefly on the fact that the bond market was very strong. Mr. Housler said the appraisal is scheduled for June 26. He indicated the City should be ,right on target as to timing with the bond market. It was announced there would be.no items added to the agenda for next week as it is full. There being no further business to come before the meeting for full Council review, the meeting was recessed at 8:40 p.m. to go into individual committee sessions. l SANDRA S. CHASE, CITY CLERK Approved City Council Mintues June 13, 1995 Page 8 AGENDA EDMONDS CITY COUNCIL PUBLIC WORKS FACILITY- 7110 210TH STREET SW JUNE 13,1995 SPECIAL COMMITTEE WORK MEETING (Second Tuesday of Each Month) The three City Council committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not public hearings. The Council will first meet together as a full Council, and will then meet separately as committees in different meeting rooms as indicated below. CALL TO ORDER AT 7:00 P.M - FULL COUNCIL FLAG SALUTE 1. FULL COUNCIL REVIEW Public Works Large Meeting Room (Lower Floor) (A) (5 Min.) NATIONAL FLAG DAY PROCLAMATION (B) (20 Min.) PRESENTATION ON UPDATED BUILDING CODE (C) (15 Min.) REVIEW OF EDITS AND AMENDMENTS TO COMPREHENSIVE PLAN (D) (15 Min.) CONTINUED DISCUSSION ON COUNCIL MEETING PROCEDURES (Continued from 4/25/95) (E) (5 Min.) PROPOSED ORDINANCE AMENDING THE 1995 BUDGET WHICH INCORPORATES THE ACQUISITION OF THE EDMONDS FINANCIAL CENTER BUILDING (F) (15 Min.) DISCUSSION ON REQUEST FOR PROPOSALS (RFP) FOR CONCEPTUAL DESIGN OF PUBLIC SAFETY COMPLEX SPACE NEEDS 2. FINANCE COMMITTEE Public Works Conference Room (First Floor) (A) RECLASSIFICATION OF TWO POSITIONS - TREATMENT PLANT AND ENGINEERING (B) REVIEW OF JOB DESCRIPTION FOR VOLUNTEER FIRE FIGHTERS COORDINATOR (C) REVIEW OF BUSINESS LICENSE FEES (D) DISCUSSION ON A PER -DIEM ALLOWANCE FOR BOARD MEMBERS (E) APPROVAL OF PETTY CASH EXPENDITURES FOR MONTH OF MAY 1995 3. COMMUNITY SERVICES COMMITTEE Public Works Large Meeting Room (Lower Floor) (A) DISCUSSION OF SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM (B) DISCUSSION OF TRAFFIC VOLUME DURING FERRY SHUT DOWN (C) DISCUSSION OF NONCONFORMING PARKING LOTS (D) STATUS REPORT ON INTERLOCAL AGREEMENT WITH OLYMPIC VIEW WATER DISTRICT 4. PUBLIC SAFETY COMMITTEE Public Works Library (First Floor) (A) DISCUSSION ON TRAFFIC SAFETY ISSUES STEMMING FROM TRANSPORTATION PLAN (B) DISCUSSION ON FERRY TRAFFIC CONTROL (C) DISCUSSION ON TQM IN POLICE DEPARTMENT PARKING AND MEETING ROOMS ARE ACCESSIBLE FOR PERSONS WITH DISABILITIES. CONTACT THE CITY CLERK AT 771-0245 WITH 24 HOURS ADVANCE NOTICE FOR SPECIAL ACCOMMODATIONS. THE COUNCIL AGENDA APPEARS ON CHAMBERS CABLE, CHANNEL 32. THIS MEETING IS NOT TELEVISED.