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04/18/2006 City CouncilAPRIL 18, 2006 Following a Special Meeting at 6:00 p.m. for an Executive Session regarding a real estate matter, the Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Deanna Dawson, Council President Michael Plunkett, Councilmember Richard Marin, Councilmember Mauri Moore, Councilmember Peggy Pritchard Olson, Councilmember Dave Orvis, Councilmember Ron Wambolt, Councilmember ALSO PRESENT Franciesca Bulaclac, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT David Stern, Chief of Police Duane Bowman, Development Services Director Dan Clements, Administrative Services Director Brian McIntosh, Parks & Recreation Director Jennifer Gerend, Economic Development Dir. Noel Miller, Public Works Director Kathleen Junglov, Asst. Admin. Services Dir. Dave Gebert, City Engineer Don Fiene, Assistant City Engineer Frances Chapin, Cultural Services Manager Scott Snyder, City Attorney Sandy Chase, City Clerk Linda Carl, Senior Executive Assistant Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, FOR APPROVAL OF THE AGENDA. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER OLSON, FOR APPROVAL OF THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: Approve 4/4/06 i (A) ROLL CALL Minutes (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF APRIL 4, 2006. Approve Claim (C) APPROVAL OF CLAIM CHECKS #87005 THROUGH #87146 FOR APRIL 6, 2006, IN Checks THE AMOUNT OF $725,082.63, AND CHECKS #87147 THROUGH #87324 FOR APRIL 13, 2006, IN THE AMOUNT OF $748,239.99. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #42789 THROUGH #42854 FOR THE PERIOD OF MARCH 16 THROUGH MARCH 31, 2006, IN THE AMOUNT OF $791,001.49. Sewer outfall C athodic (D) AUTHORIZATION FOR MAYOR TO SIGN ADDENDUM NO. 4 TO THE Protection PROFESSIONAL SERVICE AGREEMENT WITH COSMOPOLITAN ENGINEERING GROUP FOR THE SEWER OUTFALL- CATHODIC PROTECTION PROJECT. Edmonds City Council Approved Minutes April 18, 2006 Page 1 Edmonds (E) AUTHORIZATION FOR THE MAYOR TO SIGN THE CONTRACT WITH EDMONDS- Market SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY FOR THE EDMONDS MARKET. Res# 1121 (F) RESOLUTION NO. 1121 — AUTHORIZE THE MAYOR TO SIGN WASHINGTON Funding Assistance -Old WILDLIFE & RECREATION PROGRAM AUTHORIZING RESOLUTION TO APPLY Woodway Elem FOR STATE FUNDING ASSISTANCE FOR OLD WOODWAY ELEMENTARY SCHOOL. Res# RESOLUTION NO. 1122 — AUTHORIZE MAYOR TO SIGN WASHINGTON WILDLIFE g Fundinng ( G ) Assistance- & RECREATION PROGRAM AUTHORIZING RESOLUTION TO APPLY FOR STATE Shell Creek FUNDING ASSISTANCE FOR THE SHELL CREEK PROPERTY ACQUISITION. Ord# 3587 Close Fund 230 (H) ORDINANCE NO. 3587 — CLOSING LTGO BOND DEBT SERVICE FUND 230. Ord# 3588 (I) ORDINANCE NO. 3588 — CLOSING PUBLIC SAFETY BUILDING CONSTRUCTION Close Fund 326 FUND 326. Ord# 3589 Close Fund 330 (J) ORDINANCE NO. 3589 — CLOSING BOND CONSTRUCTION FUND 330. Ord# 3590 Create Special (K) ORDINANCE NO. 3590 — CREATION OF SPECIAL PROJECTS FUND. Projects Fund (L) REPORT ON BIDS OPENED ON APRIL 11, 2006 FOR THE PURCHASE OF Treatment Plant Chemicals TREATMENT PLANT CHEMICALS AND AWARD TO JONES CHEMICAL , INC. FOR SUPPLYING SODIUM HYPOCHLORITE Treatment Plant (M) REPORT ON BIDS OPENED ON APRIL 11, 2006 FOR THE PURCHASE OF Chemicals TREATMENT PLANT CHEMICALS AND AWARD TO NORTHSTAR CHEMICALS, INC. FOR SUPPLYING SODIUM HYDROXIDE AND SODIUM BISULFITE old y 3. DISCUSSION AND POSSIBLE ACTION REGARDING THE OLD WOODWAY ELEMENTARY Elemeentary ntary School Property SCHOOL PROPERTY. Mayor Haakenson advised the Council requested he provide an update on the process. He explained a few weeks ago the Council offered to purchase 51/2 acres from Edmonds School District for a park and requested the City be allowed until December 31, 2006, to identify funds to purchase the remaining 51/2 acres. The District opened bids and responded to the City that they were more than willing to sell the City the 5'/z acres the Council identified on a map (Parcels A & B, the parcel closest to the street and a treed parcel that runs east -west on the property) but were unwilling to grant the yearend request. Tonight the Council requested he continue to negotiate with the District on the purchase of the 5'/z acres they indicated they wished to purchase and provided direction with regard to how to proceed. Councilmember Marin commented there had been a great deal of debate as well as maligning of Mayor Haakenson in recent weeks. He expressed his appreciation for how Mayor Haakenson had conducted the negotiations. Councilmember Orvis favored changing the direction of negotiations to continue with the purchase of Parcels A and B and also begin a process for an election to request voter authorization for funds to purchase the remaining parcel C. He noted this was merely a comment at this time. Councilmember Moore agreed with Councilmember Orvis, expressing her support for an election to allow citizens to determine whether to fund the remaining 5t /z acres. She noted there were other measures she Edmonds City Council Approved Minutes April 18, 2006 Page 2 would be willing to consider to acquire the entire 11 acre site as this was the last open space in the city of such significant acreage. Councilmember Plunkett commented he was not necessarily disappointed in the result because the City would acquire more park land than was identified in the Comprehensive Plan. He would have liked the opportunity to purchase all 11 acres via the Council identifying funds for a portion and holding an election to allow the voters to provide funds to purchase the remainder. He noted that possibility still existed and he encouraged the Council to pursue that effort. Councilmember Wambolt referred to the proposal to have a developer donate four acres to the City, explaining that determined not to be a practical proposal because the price the District would receive for the property would need to be reduced by the value of those four acres or more homes would need to be developed on the remaining seven acres to make the project pencil out. Edmonds 4. PRESENTATION AND REQUEST FOR PARTNERSHIP FUNDING FOR EDMONDS Elementary ELEMENTARY SCHOOL PLAYGROUND IMPROVEMENT PROJECT. School Playground Parks & Recreation Director Brian McIntosh welcomed the friends of Edmonds Elementary in the audience, commenting this proposal was the result of a great deal of effort. He explained this type of partnership had been done successfully in the past; tonight's proposal was an opportunity to quadruple the City's funds to develop a neighborhood park. This grass roots effort began with an idea from a couple of parents and had grown into a $50,000 fundraising effort. He recognized the fantastic job they had done. Diana White, Chair of the Playground Committee, explained this effort began a year ago at a PTA meeting that was advertised as an opportunity to see the new playground. When there was no playground presented at the meeting, she volunteered and the process began. She recognized committee members Jackie Gilbert, Denise Olsen, Paul Borchert (Librarian), and David Meglathery (Principal) and expressed the Committee's thanks to Mr. McIntosh and Mayor Haakenson for their assistance. She also introduced Mark Zanberg, Project Manager, Edmonds School District. A student presented cupcakes in appreciation to Mayor Haakenson and the Council. Ms. White identified the committee's goals to build a fun and safe playground for their children, better connect the playfield to the Edmonds community and make the playfield a place for families to enjoy. Mr. Borchert provided a history of Edmonds Elementary, noting when the school was reopened in 1989, it had basically the same original playground pieces which did not compare favorably to other playgrounds in the District. The effort to improve the playground began when they learned of matching funds available from the District and the City. He described extraordinary fundraising efforts such as a student who donated the money left to him in his grandfather's wallet. Ms. White enumerated their wish list which included the new fence along 196th (completed), new playground, lower parking lot improvements (expanded student drop -off area and improved overflow parking), walking path around perimeter, benches and tables, improved basketball courts, outdoor classroom seating area, baseball field improvements and landscape improvements. She pointed out there were some components that did not qualify for the City's matching funds. Ms. White described their efforts to date that included talking with the City, Edmonds School District and youth clubs; gathering community ideas and input, meeting with neighborhood and community members to communicate plans, fundraising and grant requests, establishing a budget and gathering cost estimates, finalizing plans, vendor selection and District approval of the project. Edmonds City Council Approved Minutes April 18, 2006 Page 3 Mr. Meglathery commented on the friendly and focused staff, involved parents and children with pride, spirit, energy and enthusiasm for the school. He described fundraising efforts including donations from the Hubbard Foundation, the PTA, Stars Foundation, Edmonds in Bloom, Washington Mutual, Mayor Haakenson, Windermere Real Estate, and funds raised via a student Jog- a -Thon, Spaghetti feed, boxtops for education, and miscellaneous fundraising efforts for a total of $50,572.79. Ms. White displayed a photograph of the current dilapidated playground equipment, plans to replace baseball benches with 3 -tier bleachers, and join the two playgrounds. She also displayed a drawing of the playground structure that was selected and a drawing of the playfield improvements with the location of the ballfield, walking path, new playground, existing soccer field, outdoor classroom, relocated basketball court, and improved pickup/drop-off area. Items remaining to do included obtaining the City Council's approval for matching funds, submitting final plans for city permits, ordering playground equipment by May 31, 2006 (to qualify for a discount), beginning playground construction July 2006 culminating with a community dedication/thank you ceremony. Ms. White reviewed the proposed budget for the playground, basketball court, ballfields, and walking path that total $170,050, identifying the portion funded by Edmonds Elementary (25 %), City (25 %) and District (50 %). She noted the parking improvements and the outdoor classroom did not meet the criteria for the city matching funds. Councilmember Moore commended the Committee on their presentation, recognizing this as an amazing community effort. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER OLSON, TO REQUEST STAFF DEVELOP AN INTERLOCAL AGREEMENT WITH THE EDMONDS SCHOOL DISTRICT FOR THIS PROJECT AND PLACE IT ON THE CONSENT AGENDA FOR APPROVAL AT AN UPCOMING CITY COUNCIL MEETING. Councilmember Marin commented one of the most difficult things as a Councilmember was to determine how to pay for everything that needed to be done with the limited resources available. He recognized the community for this partnership opportunity and the value of the project to the community. He noted the local match was budgeted in the CIP. MOTION CARRIED UNANIMOUSLY. Mayor Haakenson echoed Councilmember Moore's comments about the presentation and complimented the cupcakes. Economic S PUBLIC HEARING ON THE ECONOMIC DEVELOPMENT ELEMENT OF THE Development Element of the COMPREHENSIVE PLAN. Comprehensive Plan Economic Development Director Jennifer Gerend advised the Economic Development Element was a new chapter of the Comprehensive Plan. The development of this element began at the 2005 Council Retreat followed by work sessions in Fall 2005 and early 2006 as well as review by the Planning Board. The current draft is available on the Economic Development page of the City's website. Mayor Haakenson opened the public hearing. Jan Vance, Executive Director, Greater Edmonds Chamber of Commerce, relayed the Chamber's strong support of the new Economic Development Element of the Comprehensive Plan, commenting this new chapter provided a much needed analysis and overview of the local economy. The Chamber appreciated the candid summary of the city's strengths, weaknesses, opportunities and threats. The Chamber found the general policy approach and implementation items to be moderate and struck a good Edmonds City Council Approved Minutes April 18, 2006 Page 4 balance between quality of life goals and more traditional business interests. The Chamber appreciated the City's commitment to economic development, finding this a plan they could easily endorse. Steve Bernheim, Edmonds, referred to an inaccuracy in the element regarding the amount of sales tax revenue, reported on page 8 as $5.2 million and as $4.7 million on page 9. He acknowledged economic development was necessary to maintain the tax base but cautioned against out -of- control growth as it would destroy quality of life. He referred to the old Woodway Elementary School as an example of open space becoming more expensive as the population increased. He referred to the bulleted items on page 9, noting there was no accounting in the element of the cost of economic development and redevelopment such as increased police and fire expenses, regulatory expenses, traffic, etc. He preferred to slow down economic development and take better care of what currently exists. He objected to land use, parking regulations, multiple property owners and small properties as weaknesses in the SWOT (strengths, weakness, opportunities and threats) analysis, finding those were actually strengths. Roger Hertrich, Edmonds, recalled when the SWOT analysis was discussed, the Council instructed staff to remove land use, parking regulations, multiple property owners and small lots as weaknesses and suggested consideration be given to removing those. He questioned the meaning of a statement on page 9 that the gas station on 5th Avenue South presented an opportunity to close the gap between neighboring uses and encourage pedestrian linkages. Next, he recommended the element address the need to change the non - conforming section of the code. He suggested the Council make revisions to the non - conforming provisions its top priority. Hearing no further public comment, Mayor Haakenson closed the public participation portion of the public hearing. Ms. Gerend agreed to confirm the sales tax revenue figures. Council President Dawson recalled at the Council retreat it was agreed to form an Economic Development Committee. She distributed a memo identifying the scope of work for the Committee — act as liaison between the City Council and the Economic Development Director; work to ensure the Council as a whole has a deeper understanding of the economic development issues facing the city; and work with the Director to improve the quarterly reporting to the Council and the public and report back to the Council with recommended changes to the City Code, processes and policies with regard to land use, business recruitment /retention, marketing and permitting. She suggested reference to the committee be included in the Economic Development element. Ms. Gerend agreed, suggesting page 18 as an appropriate location. Council President Dawson advised for 2006 Councilmember Olson and she were selected to serve on the committee. She looked forward to working with Ms. Gerend, the Council and the public to better understand the economic development issues facing the City. In response to Mr. Hertrich's comment regarding the gas station, Ms. Gerend referred to Mark Hinshaw's idea of downtowns traditionally having a constant frontage of activity, shops, restaurants, etc., explaining the gas station downtown has been a gap in that activity and presented an unsafe condition for pedestrians. Councilmember Wambolt referred to Mr. Bernheim's comment regarding economic development and increasing population resulting in additional costs, commenting a profit and loss analysis would reveal additional population was profitable for the City. Hearing no further questions for staff, Mayor Haakenson remanded the matter to Council for action. Edmonds City Council Approved Minutes April 18, 2006 Page 5 Councilmember Plunkett commented once a structure was listed on the Edmonds Register of Historic Properties, there were non - conforming protections. Non - conformance provisions for other buildings would be addressed in the code rewrite. He advised Development Services Director Duane Bowman was asked to present to the next Community Services /Development Services meeting a discussion regarding non - conformance to determine whether it should be addressed independently from the code rewrite. Councilmember Plunkett and Council President Dawson suggested incorporating the Economic Development Committee's scope of work into the Economic Development element. Councilmember Plunkett questioned why land use and parking were viewed as weaknesses, noting parking regulations and land use in the business district are strengths. He also found multiple property owners and small lots to be strengths rather than weaknesses. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER MOORE, TO AMEND THE ECONOMIC DEVELOPMENT ELEMENT SO THAT LAND USE AND PARKING REGULATIONS IN THE BUSINESS DISTRICT AND MULTIPLE PROPERTY OWNERS AND SMALL LOTS IN COMMERCIAL AREAS WERE MOVED FROM WEAKNESSES TO STRENGTHS. Council President Dawson supported removing those as weaknesses, noting they could be viewed as either strengths or weaknesses. She envisioned the Economic Development Element would be part of the Comprehensive Plan for some time and if efforts were ongoing to improve parking regulations to better serve the community, it may then not be a weakness. However, for economic development purposes those items were not yet strengths either. Councilmember Moore agreed parking regulations, land use, multiple property owners and small lots were not necessarily strengths or weaknesses. Councilmember Wambolt commented parking regulations were included as a weakness as they currently restricted some development. Ms. Gerend clarified the Economic Development Element included areas outside of downtown. She agreed efforts were being made on land use and parking regulations in the business district but they could not yet be viewed as strengths, particularly in neighborhood centers and/or Hwy. 99. She noted multiple property owners and small lots in commercial areas was the biggest challenge on Hwy. 99. Council President Dawson agreed small lots and multiple property owners were a challenge on Hwy. 99. She suggested modifying the language to add "in the Hwy. 99 area." Councilmember Olson pointed out one of the challenges with the Albertson's property was it had three owners, thus multiple property owners was a challenge in areas other than Hwy. 99. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER MOORE, TO AMEND THE MOTION TO ADD "IN THE BC ZONE." UPON ROLL CALL, MOTION FAILED (2 -5), COUNCILMEMBERS PLUNKETT AND ORVIS IN FAVOR, COUNCIL PRESIDENT DAWSON, AND COUNCI.LMEMBERS MARIN, WAMBOLT, MOORE, AND OLSON OPPOSED. THE VOTE ON THE MAIN MOTION FAILED (2 -5), COUNCILMEMBERS PLUNKETT AND ORVIS IN FAVOR, COUNCIL PRESIDENT DAWSON, AND COUNCILMEMBERS MARIN, WAMBOLT, MOORE, AND OLSON OPPOSED. COUNCIL PRESIDENT DAWSON MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO INSERT "OUTSIDE THE BC ZONE" AT THE END OF THE PHRASE. MOTION CARRIED (5- 2), COUNCIL PRESIDENT DAWSON, AND COUNCILMEMBERS PLUNKETT, WAMBOLT, MOORE, AND ORVIS IN FAVOR; AND COUNCILMEMBERS OLSON AND MARIN OPPOSED. Edmonds City Council Approved Minutes April 18, 2006 Page 6 Council President Dawson suggested Councilmembers provide staff any additional comments regarding the Economic Development Element, noting there may be additional changes necessary following the Planning Board's review. Capital 6. PUBLIC HEARING ON CAPITAL IMPROVEMENT PROGRAM (CIP). Improvement Pr °gram Assistant City Engineer Don. Fiene presented the 2006 -2011 CIP, explaining the CIP was a long range planning tool and a requirement of the State Growth Management Act. He displayed a sample CIP spreadsheet that detailed the revenue and expenditures for each of the ten funds. He referred to the 2006- 201.1 Capital Project Description Book that provided the name of each project, cost data, project description, benefit rationale, etc. noting this information was also available on the City's website. Fund 112 - Transportation Project Fund Mr. Fiene explained this fund financed a wide variety of projects including street overlays, road improvements /widening, traffic signals, road stabilization, traffic calming, bikeways and walkways. He displayed sample projects such as the 220th Street improvement project and the 100th Avenue road stabilization. He explained prior to I -776, this fund had a stable local funding source; the loss of vehicle registration fees via I -776 in November 2002 resulted in the loss of approximately $350,000 per year in local funding. He displayed a chart illustrating the fund before and following I -776. He explained due to lack of funding, the City was falling behind its goals and objectives in the Comprehensive Plan and the adopted Transportation Plan. He referred to substantial project cuts and delays in non - motorized projects, signal projects, pedestrian lighting, and extension of overlays to a 70 year cycle rather than the optimum cycle of 30 years. He commented on the impact of a 70 -year overlay cycle such as the need to rebuild roads that deteriorated to a severe condition which increased the cost 3 -4 times. He noted the City did not have many roads in the severe category but many were in the category below severe. Mr. Fiene recalled a Fund 112 financing plan was presented to the Council as a result of a request at the 2004 Council Retreat. He displayed a graph illustrating the annual local funding gap of $834,000, noting if those funds were available the City could receive an additional $576,000 in state and federal grants. Although a Traffic Impact Fee was adopted and Utility Fund transfers increased, the remainder of the financing plan was deferred awaiting State legislative action. State legislative action to date has been limited to a new gas tax that provided approximately $56,000 annually that equates to a 1/3 mile overlay. Due to the funding shortfall in Fund 112 and 116, the Planning Board's 2005 recommendation was to deny approval of the CIP. The Council approved the 2005 -2010 CIP with the addition of language reiterating the Council's goals and policies acknowledging although the CIP did not have adequate funding to accomplish the goals and objectives of the Comprehensive Plan, the Council was committed to seeking additional funding sources. He summarized there was not a significant change in Fund 112 from last year; the serious funding shortage continued. If the State legislature did not take action, additional funding must be identified. Fund 113 — Multimodal Transportation/Edmonds Crossing The intent of Fund 113 is to provide funds for the Edmonds Crossing multimodal transportation project at the Pt. Edwards site. Fund 116 — Building Maintenance Fund The revenue source for this fund, the General Fund, has been impacted by I -695 and I -747. This fund finances maintenance of City buildings which include the Anderson Center, City Hall, fire stations, Edmonds City Council Approved Minutes April 18, 2006 Page 7 library, Public Safety building, Public Works building, as well as other City buildings. Mr. Fiene displayed a graph illustrating funding for Fund 116, noting staff planned to request increased General Fund revenues beginning in 2007. Lack of funding would defer building maintenance and lead to deterioration and damage to the City's capital assets. He summarized staff secured energy improvement loans and FEMA grants for seismic reinforcement of the Anderson Center as well as other grants. He noted without local funding for a match, the City missed out on numerous grant opportunities. Fund 125 — Parks, Open Space, Recreation, Beautification Fund This fund is used for improvement/rehab of existing parks, development of new parks, beautification /streetscape, trails, environmental protection, cultural arts improvements, and waterfront improvements. The primary revenue source for this fund, '/4% Real Estate Excise Tax (REST) is healthy due to the strong real estate market. Examples were provided of Fund 112 projects including the new skateboard facility, the Edmonds Center for the Arts and various ADA improvements. Fund 126 — Parks Acquisition Fund The revenue source for this fund is the second %4% REST which is dedicated to acquisition. Fund 3XX — Special Projects Fund This fund was established this year to fund Hwy. 99 International District enhancements, which will visually brand the area between 224th and 238t''. Fund 412 -100 — Water Projects Projects were identified in the approved 2002 Water Comprehensive Plan; priorities include improving fireflow, replacing deteriorating pipes, replacing 1% of City pipes per year, and storage and control improvements. Examples of water projects were displayed including water line replacement in Perrinville, College Place and south Ballinger. Fund 412 -200 — Storm Projects Projects were identified in the 2003 Stormwater Comprehensive Plan; projects address capacity problems, maintenance problems and environmental concerns. Examples of storm projects were displayed. Fund 41.2 -300 — Sewer Projects Projects were per the 2000 Comprehensive Plan which will be updated in 2006; priorities address maintenance issues, environmental issues and capacity problems. Examples of sewer projects were displayed including the rehabilitation /replacement of Lift Stations 7 & 8 and 7"' Avenue North sewer. Fund 414 — Wastewater Treatment Plant Projects This fund is used to replace worn machinery, equipment and controls at the Wastewater Treatment Plant; improve and replace flow meters, repair outfall lines, and repair influent trunk lines. Mr. Fiene summarized many transportation projects had been eliminated due to the serious funding shortfalls in Fund 1.12. He explained Fund 116 relied heavily on grants and the General Fund to meet project needs. Staff recommended increased General Fund support beginning in 2007. He concluded the other funds appeared to be meeting minimum needs. Mr. Fiene advised responses to questions posed by the Planning Board and the City Council Community Services /Development Services Committee were contained in the Council packet and fund managers were present to expand on their responses. He explained the Planning Board did not approve the 2006 -2011 CIP due to insufficient revenue sources for Funds 112 and 116 which prevented adequate infrastructure improvements. The Planning Board urged the Council to identify additional revenue sources for Funds 112 and 116 as well as urged Mayor Haakenson and the Council to study revenue sources including Edmonds City Council Approved Minutes April 18, 2006 Page 8 dedicating Olympic View franchise fees to either or both funds; raising utility taxes and dedicating those funds to Fund 1.12; increasing rental fees and dedicating those fund to Fund 116; and reexamining the REST policy and devoting a portion to Funds 112 and 116. Staff recommends the Council, 1) consider the recommendations made by the Planning Board, 2) direct the City Attorney to draft an ordinance for Council Consent approval adopting the annual update to the Capital Facilities Plan as part of the Capital Facilities Element of the Comprehensive Plan, and 3) address the funding shortfall in Funds 112 and 116 during the 2007 budget process. Councilmember Moore asked how many grants the City could receive if matching funds were available. Mr. Fiene answered some projects did not receive grants such as overlays of residential streets. He estimated if the City had $800,000, approximately $500,000 could be obtained via grants. Councilmember Moore asked whether there was a list available of possible grants and the match amount. Mr. Fiene responded it was typically a 50150 match, noting the 220th project was a 25% match. City Engineer Dave Gebert answered the City's experience has been walkway grants have required approximately a 50% match; other transportation grants have been as high as 85% grant and 15% match.. He noted Public Works Trust Fund (PWTF) loans were structured in a manner that a larger local match resulted in a lower interest rate. The PWTF loans the City has obtained have provided a 15% match with a /z% interest rate. He summarized the amount of local match depended on the grant; as an example the economic development grant Ms. Gerend received for Hwy. 99 did not require any local match. He agreed there were many grants the City could pursue if local matching funds were available. Councilmember Moore asked whether staff could develop an amount for providing local match funds. Mr. Gebert answered staff could determine an appropriate amount. Councilmember Moore referred to the comment that if roads deteriorated past a point, they were very expensive to fix. She asked to what point roads needed to deteriorate to make their condition visible to the citizens, noting the deterioration was not yet visible. Mayor Haakenson disagreed, noting it was quite visible as evidenced by comments made at recent neighborhood meetings. Mr. Fiene commented a lot depended on the neighborhood, noting cracking created by groundwater accelerated deterioration. Councilmember Orvis referred to a pathway project on 75th that was rated as the #1 sidewalk/walkway project and asked if it could be added to the CIP. Mr. Fiene stated that was at the Council's discretion. Council President Dawson assured the Council was very aware of the funding shortfalls and recalled they had been discussed at the Council Retreat. Although she had been opposed to using REET funds for anything other than parks, it may be time for the Council to reexamine that policy. She referred to staff's recommendation to address the funding shortfall in Funds 112 and 116 during the 2007 budget process and offered to work with staff to develop a proposal such as diverting REET funds over a certain amount such as $750,000 to Fund 112 and /or Fund 116. She suggested Parks also be involved in that process to discuss the pros /cons of using REET funds for other purposes. She noted the Council had also discussed a ballot measure to fund road improvements. She offered to work with staff to identify a minimum adequate level of funding that could be provided via REET or a ballot measure. She recalled the Council also discussed holding a midyear mini - retreat to discuss this issue. Councilmember Wambolt commended the brainstorming used to identify potential capital transportation funding and asked whether any brainstorming had been done to identify sources for building maintenance. Public Works Director Noel Miller advised the primary revenue source for building maintenance was the General Fund due to the general nature of the projects that did not qualify for the use of REET funds. Mayor Haakenson opened the public participation portion of the public hearing. Edmonds City Council Approved Minutes April 18, 2006 Page 9 Dwayne Lansberg, Edmonds, referred to the fundraising efforts of the Edmonds Elementary parents and urged the Council to show leadership and address the funding shortfall that has persisted for several years. Don Kreiman, Edmonds, compared annual funding for projects in Fund 112 and Fund 125, finding the City was spending 2 -3 times more on park projects than on transportation projects. He commented although citizens including himself wanted nice parks, the City could not pay for parks with funds that were needed to pay for other things. With regard to building maintenance, he suggested the City inventory and sell surplus properties which would provide revenue as well as reduce the number of buildings the City must maintain. He noted there were also projects in the transportation budget such as trails and sidewalks that could be funded with the parks fund. He pointed out walking was the number one recreational activity in Edmonds and the State. Roger Hertrich, Edmonds, inquired about the $75,000 allocated for Yost Pool in Fund 112 and $50,000 for a study. He referred to $1 million in 2008 and $500,000 in 2010 for waterfront acquisition in Fund 11.6 and asked staff to identify the waterfront properties as well as tidelands staff planned to purchase. He advised $2 million was available from the State Engineering Department for any sidewalk project that was within two miles of a school. Al Rutledge, Edmonds, recommended the City increase the budget for the Edmonds Crossing by $1 million due to increased project costs. Next he described Seattle's program whereby citizens can call in to request repair of a pothole and the City will repair it within 48 hours. He noted some Seattle staff provided volunteer hours and he suggested Edmonds staff provide volunteer hours. Hearing no further public comment, Mayor Haakenson closed the public participation portion of the public hearing. In response to the question regarding funding for Yost pool, Mr. McIntosh advised the issue of an aquatic center in Edmonds had been ongoing since 1972; Yost was originally designed as a covered pool but due to funding shortfalls it has remained uncovered. In response to citizens' desire for a year -round pool, he proposed the funds be used to study covering Yost pool to make it a year -round facility including structural analysis, parking, cost recovery, etc. Councilmember Moore questioned whether a pool the age of Yost could sustain year -round use. She noted the intent of an aquatic center was a state -of -the art facility that could accommodate swim meets and be an economic development driver; covering Yost Pool would have a very different result. With regard to the $1 million in 2008 and $500,000 in 2010, Mr. McIntosh advised those amounts were allocated for waterfront opportunities that may become available, noting acquisition of waterfront was one of the highest priorities in the Comprehensive Plan. With regard to Mr. Kreiman's suggestion to inventory and dispose of surplus property, Councilmember Wambolt recalled this was discussed at the Council Retreat. Council. President Dawson did not recall any decision was reached with regard to surplusing any buildings. She emphasized there was no discussion at this point to sell the Senior Center. City Attorney Scott Snyder advised that would be very difficult under the terms of the City's grants due to the amount that would need to be repaid. Mayor Haakenson recalled the City sold all vacant property to fund the new fire station. Councilmember Plunkett noted the Yost pool study was allocated in 2006 in the CIP and asked whether that expenditure had been approved in the 2006 budget. Mr. McIntosh answered no, commenting there were a number of changes that occurred between the development of the budget and the CIP including Esperance parks which were not funded due to the failure of the annexation vote. Councilmember Plunkett asked whether staff would propose the $50,000 study be funded in 2007. Mr. McIntosh answered that was a possibility. Edmonds City Council Approved Minutes April 18, 2006 Page 10 Mr. Gebert advised of grants the City had received including a $167,000 grant in 2006 for the 96th Avenue walkway leading to Westgate Elementary that required a 50% match; the $150,000 Woodway Elementary walkway two years ago that required a large match; and the $5 million 220th Street project that includes sidewalks and bike paths on both sides of the street that received $4 million in grants and low interest PWTF loans. Last October, staff submitted a grant application for the program Mr. Hertrich referred to; 80 projects in the State were submitted, the City's project ranked 35; however, only the top 32 projects were funded. Staff planned to resubmit that grant, approximately a $270,000 project with a grant request of $200,000. He summarized in the past five years staff obtained slightly under $10 million in grant and low interest PWTF loans for Funds 112 and 412. Mayor Haakenson noted there were over three dozen grants for the ten CIP funds including 19 for the Funds 112 and 116, sixteen of which the City received. He summarized the City was limited by funding available for matching grants as well as the competitive nature of the grant application process. Councilmember Moore inquired about the safety program referred to by Mr. Hertrich. Mr. Gebert advised that program included categories for safe routes to schools and pedestrian/bicycles. Last year the City submitted under the pedestrian /bicycle category but may submit under the safe routes to schools next year. Councilmember Orvis stated the pathway project on 75th was one of the most important pathway projects with regard to traffic safety as well as to provide access to Meadowdale Park. He suggested this project would qualify for funding from Fund 125 and requested Council allocate funds from Fund 125 for the project. He offered to provide a written proposal at the time of final approval of the CIP. Councilmember Olson asked staff advise of the impact funding that project would have on other projects. Councilmember Moore expressed interest in exploring what other projects would qualify for funding from Fund 125 such as sidewalks as parks, i.e. the 4th Avenue corridor. She agreed walking was one of the most popular recreational activities. Council President Dawson reminded the limitations on Fund 125 were largely Council imposed. Rather than identifying individual projects that could qualify as park projects, she recommended consideration be given to the overall policy. Councilmember Moore recalled some Councilmembers did not want to tie up REST funds to purchase all 11 acres of open space at old Woodway Elementary in the event other park land became available, not because roads and sidewalks needed to be funded. She did not want funding tied up on roads if other waterfront property became available. Council President Dawson reminded Fund 125 was dedicated to park improvements not acquisition. She recalled there were Councilmembers who did not want to tie up Fund 125 funds because they may want to use those funds for transportation projects. Councilmember Plunkett suggested staff make a presentation on the current policy regarding the use of REST funds and alternatives for its use including the ramifications. COUNCIL PRESIDENT DAWSON MOVED, SECONDED BY COUNCILMEMBER MARIN, TO DIRECT THE CITY ATTORNEY TO DRAFT AN ORDINANCE FOR COUNCIL CONSENT APPROVAL ADOPTING THE ANNUAL UPDATE TO THE CAPITAL FACILITIES PLAN AS PART OF THE CAPITAL FACILITIES ELEMENT OF THE COMPREHENSIVE PLAN. Councilmember Orvis advised he planned to present an amendment to add the 75th Avenue pathway to the CIP. Edmonds City Council Approved Minutes April 18, 2006 Page 11 Councilmember Wambolt expressed concern with the recommendation from the Planning Board not to approve the CIP due to inadequate funding. Mr. Fiene stated the proposed CIP was fiscally constrained due to available funding and did not meet the goals and objectives of the Comprehensive Plan. Councilmember Marin pointed out the importance of retaining projects in the CIP because eliminating sent the wrong message to the State. It was important for the State to be aware that jurisdictions throughout the State lacked funding for transportation infrastructure. Council President Dawson agreed, stressing the need for the City to continue its efforts to identify funding sources. Councilmember Plunkett commented it was a disservice to citizens to continue to show unfunded projects in the CIP. He was confident the City would continue its effort to identify alternate funding sources. Councilmember Olson expressed her support for adoption of the CIP. She noted the projects in the CIP demonstrated to citizens what projects needed to be done. MOTION CARRIED UNANIMOUSLY. Mayor Haakenson declared a brief recess. 7. AUDIENCE COMMENTS old woodway Rob Trahms, Edmonds, thanked the Council and Mayor for their continued attention to the purchase of Elementary the old Woodwa Elementary School property and efforts to secure all 11 acres for ark. He was elated School Property S' � P P 5' p at the School District's acceptance of the first part of the City effort, noting the City dodged a bullet with the plan for a 4 -acre donated park. He was excited about the possibility of a ballot measure to provide funding for the remaining acreage but was unsure of the timing as the District was unwilling to wait until yearend. He requested any City plans for a ballot measure be shared with citizen groups and that the City publish a timeline for such a ballot measure as well as the next steps for negotiations with the District. He urged the City to continue investigating grant options. He offered assistance with the process. Mayor Haakenson advised the District had given the City until April 21 to negotiate on the 51/2 acres. He noted only three Councilmembers had expressed interest in a ballot measure; it took a majority of the Council to approve a ballot measure. Council President Dawson explained if there was a ballot measure, the City did not have the option to purchase the remaining 5' /z acres as the District was not providing any further time. If there was a ballot measure to purchase that property, the only method of acquiring it would be for the City to condemn the property. This would entail another party purchasing the property from the District and if the ballot measure passed, the City would need to condemn the property which she noted could be extraordinarily expensive, likely more expensive than purchasing it. She summarized acquisition of the remaining 51/2 acres would not be via negotiation with the District; it would require the City to exercise their power of eminent domain, an action the Council had not at this time voted to take. old wooaway Al Rutledge, Edmonds, submitted additional petition signatures in support of a neighborhood park at the EieY1e1"� old Woo ay Elementary School property, noting he also submitted the petitions to the Edmonds School School Property District. Next, he advised of an Edmonds School District public hearing on April 25 at 6:30 regarding their intent to sell the old Woodway Elementary School property. He advised of his request that the District identify the 11 bidders and provide correspondence between the City and the District. He then expressed his appreciation to Mayor Haakenson for holding neighborhood meetings, stating he and nine others had attended the neighborhood meeting at the Country Club. Edmonds City Council Approved Minutes April 18, 2006 Page 12 Don Kreiman, Edmonds, advised of the April 22 Earth Day event in their neighborhood when they Earth Day planned to cleanup the wooded area surrounding Woodway Elementary and Madrona K -8. He advised QFC donated snacks and beverages and residents grilled hot dogs. This is a festive group of teachers, students, and neighborhood families who pick up garbage and debris throughout the area. He encouraged residents to clean up the patch of nature closest to their home, explaining it was a way for children to learn to care, an opportunity to greet neighbors and the best defense against delinquent vandalism. Executive Roger Hertrich, Edmonds, expressed concern that there appeared to have been discussions in Executive Session Topics I Session regarding the use of REST funds as well as a ballot measure and suggested the Council confirm what topics were appropriate for Executive Session. He referred to a question he posed at the Mayor's neighborhood meeting at Sherwood Park regarding whether grant funds had been obtained for the Mayors Neighborhood p revious $500,000 waterfront purchase, advising although Mayor Haakenson said staff was addressing Meeting at this, an error was made and a grant was not obtained. He expressed concern with the behavior of citizens Sherwood Park at the meeting who challenged his questioning of Mayor Haakenson. He then referred to a letter from Arvilla Ohlde requesting a public apology from Mayor Haakenson due to his comments at that meeting. Mayor's Ellen Ernst, Edmonds, thanked Mayor Haakenson for holding meetings in each neighborhood, finding it Neighborhood very informative especially for people new to the area. In response to Mr. Hertrich's comments, she Meeting at Sherwood Park acknowledged sometimes people get passionate about issues and forget their manners. She encouraged everyone to be polite and cordial and speak calmly. She did not find any of the comments made concerning Arvilla Ohlde disrespectful, only praise and that Ms. Ohlde was busy with other clients and would not have time to assist with this park. Mayors Marsha Fisher Edmonds advised she attended the meeting t Sherwood Park d did t h thin Neighborhood > > g erwoo an no ear anything g Meeting at but praise for Arvilla Ohlde other than Ms. Ohlde was busy and would not be able to work on the park. Sherwood Park She urged everyone to work together for the betterment of the City rather than making personal attacks. Jan Robertson, Edmonds, explained she made a request to Mayor Haakenson at the meeting at Mayors Neighborhood Sherwood that the Cit y form a committee to establish rules of conduct due to the amount of rudeness that Meeting at was projected toward the Council. She agreed there was nothing but praise for Arvilla Ohlde at that Sherwood Park meeting, only that Ms. Ohlde was busy and did not have time. She thanked Mayor Haakenson for holding the neighborhood meetings and thanked the Council for their efforts. Mayors Evan Pierce, Edmonds, recalled the comment made by Mayor Haakenson regarding Arvilla Ohlde at the Neighborhood Sherwood meeting was that she basically wanted to wash her hands of this park project. He recalled Mr. SheerwogodtPark Hertrich's question was asked in a civil manner but their appeared to be friction between Mr. Hertrich and Mayor Haakenson. 8. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF APRIL 11 2006 Community/ Community Services /Development Services Committee Development Services Councilmember Plunkett reported the Committee discussed and agreed with an interpretation of Committee nonconforming building alterations. He requested staff describe the interpretation to the Council to ensure there were no objections. Development Services Director Duane Bowman explained the code amendment was in regard to a carport located inside the setback area that the property owner wanted to enclose but not expand the non - conformance. The City has had a long - standing tradition of strict enforcement but upon further consideration concluded if a carport that was non - conforming as to the setback was enclosed, but did not increase the non - conformance, it would be allowed. If the Council had a concern with this interpretation, it would be put on hold for further discussion prior to it becoming effective. There were no objections voiced regarding this interpretation. Edmonds City Council Approved Minutes April 18, 2006 Page 13 RIME Finance Committee Councilmember Wambolt reported the Committee reviewed the first quarter budget report; revenues were $9.2 million which is 29% of the budget, and expenses were only $7.2 million, which was less than projected. The City received $46,000 more in sales tax than was budgeted; $12,200 was collected in parking enforcement compared to the budget of $5,000, and REET receipts were $284,000 which extrapolated over a year equates to $1.36 million for the year compared to $1.4 million in 2005. The Committee also received an overview of the 2006 budget amendment ordinance which was referred for a public hearing on May 2. The Committee then reviewed the closure of fund accounts that were approved on the Consent Agenda. The final item discussed was an update regarding the technology initiative. Public Safety Public Safety Committee Committee Councilmember Marin reported Judge Fair advised the Committee that the City had not adopted several state criminal statutes. Judge Fair was requested to return at a future meeting with a recommendation based on the outcome of a discussion with the City Attorney and Prosecutor. The Committee then discussed the addition of public safety to the Strategic Plan which will be referred to the Council at a future meeting. Next, the Committee reviewed the Fire Rescue Boat moorage agreement with the Port that was approved for the Consent Agenda. The final item was an Interlocal Agreement establishing the Snohomish Regional Drug Task Force fiscal year 2006-2007 that was approved for the Consent Agenda. 9. MAYOR'S COMMENTS Mayor Haakenson had no report. 10. COUNCIL COMMENTS Council President Dawson asked Councilmembers to contact her regarding their interest in attending the AWC Annual Conference in Spokane on June 20-23 and whether they would require lodging and mileage reimbursement. She noted the Council travel budget was somewhat over-budget so she wanted to learn of Councilmembers' plans before approving attendance at the conference. Councilmember Moore referred to Ms. Robertson's remarks about civility, reiterating the Council was here for all citizens and she supported their right to criticize the Council. Councilmember Olson commended staff on the City's Easter egg hunt. Councilmember Marin commended staff and the Community Services/Development Services committee for their interpretation that would allow carports in the setback to be enclosed. Student Representative Bulaclac reported the interact club planned to participate in the Relay for Life on May 3. On behalf of the Council, Council President Dawson wished Councilmember Olson a Happy Birthday on April 24. 11. ADJOURN With no further business,the Council meeting was adjourned at 9:42 p.m. 9d . GARY HAAKENSON, MAYOR SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes April 18,2006 Page 14 ink AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5th Avenue North 7:00 - 10:00 p.m. APRIL 18, 2006 6:00 p.m. - Executive Session Regarding a Real Estate Matter 7:00 p.m. - Call to Order/Flag Salute 1. Approval of Agenda 2. Consent Agenda Items A. Roll Call B. Approval of City Council Meeting Minutes of April 4, 2006. C. Approval of claim checks #87005 through #87146 for April 6, 2006, in the amount of $725,082.63, and checks #87147 through #87324 for April 13, 2006, in the amount of $748,239.99. Approval of payroll direct deposits and checks #42789 through #42854 for the period of March 16 through March 31, 2006, in the amount of$791,001.49. D. Authorization for Mayor to sign Addendum No. 4 to the Professional Service Agreement with Cosmopolitan Engineering Group for the sewer outfall- cathodic protection project. E. Authorization for the Mayor to sign the contract with the Edmonds-South Snohomish County Historical Society for the Edmonds Market. F. Authorize Mayor to sign Washington Wildlife & Recreation Program Authorizing Resolution to apply for state funding assistance for old Woodway Elementary School. G. Authorize Mayor to sign Washington Wildlife & Recreation Program Authorizing Resolution to apply for state funding assistance for the Shell Creek property acquisition. t _' H. LTGO Bond Debt Service Fund 230 Closing Ordinance. 1. Public Safety Building Construction Fund 326 Closing Ordinance. J. Bond Construction Fund 330 Closing Ordinance. Page 1 of 2 CITY COUNCIL MEETING AGENDA APRIL 18, 2006 K. Creation of Special Projects Fund. L. Report on bids opened on April 11, 2006, for the purchase of treatment plant chemicals and award to Jones Chemical, Inc. for supplying sodium hypochlorite. M. Report on bids opened on April 11, 2006, for the purchase of treatment plant chemicals and award to Northstar Chemicals, Inc. for supplying sodium hydroxide and sodium bisulfite. 3. (20 Min.) Discussion and possible action regarding the old Woodway Elementary School property. 4. (15 Min.) Presentation and request for partnership funding for Edmonds Elementary School Playground Improvement Project. 5. (30 Min.) Public Hearing on the Economic Development Element of the Comprehensive Plan. 6. (60 Min.) Public Hearing on the Capital Improvement Program. 7. Audience Comments (3 Minute Limit Per Person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings. 8. (15 Min.) Report on City Council Committee Meetings of April 11, 2006. 9. ( 5 Min.) Mayor's Comments 10. (15 Min.) Council Comments ADJOURN • Parking and meeting rooms are accessible for persons with disabilities. Please contact the City Clerk at(425) 771-0245 with 24 hours advance notice for special accommodations. A delayed telecast of the meeting appears on cable television- Government Access Channel 21. Page 2 of 2