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08/17/2004 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES August 17, 2004 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 Pro Tern Jeff Wilson, Councilmember Peggy Pritchard Olson, Councilmember Richard Marin, Councilmember ELECTED OFFICIALS ABSENT Michael Plunkett, Council President Mauri Moore, Councilmember Dave Orvis, Councilmember 1. APPROVAL OF AGENDA STAFF PRESENT David Stern, Chief of Police Duane Bowman, Development Services Director Dan Clements, Administrative Services Director Brian McIntosh, Acting Parks & Recreation Dir. Noel Miller, Public Works Director Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCIL PRESIDENT PRO TEM DAWSON MOVED, SECONDED BY COUNCILMEMBER Agenda OLSON, TO ADD AUTHORIZATION TO CALL FOR BIDS FOR THE WILLOW CREEK OUTFALL PIPE EXTENSION PROJECT TO THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER WILSON, FOR APPROVAL OF THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM DAWSON, FOR APPROVAL OF THE CONSENT AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: (A) ROLL CALL 8/33//04Ve (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF AUGUST 3, 2004. Minutes (C) APPROVAL OF CLAIM CHECKS #73033 THROUGH #73193 FOR THE WEEK OF Approve AUGUST 2, 2004, IN THE AMOUNT OF $225,693.64. APPROVAL OF CLAIM CHECKS Claim #73205 THROUGH #73360 FOR THE WEEK OF AUGUST 9, 2004, IN THE AMOUNT OF Checks $359,999.77. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #38791 THROUGH #38936 FOR THE PAY PERIOD JULY 16 THROUGH JULY 31, 2004, IN THE AMOUNT OF $855,377.64. Claim for (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM JOSHUA BOYER Damages ($150,000), AND BILL LUND ($565.00). Liquor (E) APPROVAL OF LIST OF EDMONDS BUSINESSES APPLYING FOR RENEWAL OF Control THEIR LIQUOR LICENSES WITH THE WASHINGTON STATE LIQUOR CONTROL Board BOARD. Edmonds City Council Approved Minutes August 17, 2004 Page 1 Shell abarger (F) REPORT ON FINAL CONSTRUCTION COSTS FOR THE SHELLABARGER CREEK Creek Culvert EMERGENCY CULVERT REPLACEMENT PROJECT AND COUNCIL ACCEPTANCE 1 ' 4mor 1a Historical Society (G) AUTHORIZATION FOR MAYOR TO SIGN THE LEASE ADDENDUM WITH Lease EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY. Ord. 93511 (H) ORDINANCE NO.3511 ADOPTING AN INTERIM ZONING ORDINANCE, AMENDING Definition of ECDC 21.30.010 FAMILIES TO ADD A NEW PARAGRAPH D IN ORDER TO AMEND Families THE DEFINITION OF FAMILY TO AUTHORIZE AND PERMIT EXCHANGE STUDENTS TO RESIDE WITH FAMILIES FOR A PERIOD NOT TO EXCEED ONE YEAR, AND SETTING A PUBLIC HEARING DATE. Ord. #3512 Travel (I) ORDINANCE NO. 3512 AMENDING THE PROVISIONS OF SECTION 2.25.050 Expense RELATING TO TRAVEL AUTHORIZATION AND EXPENSE REIMBURSEMENT Reimburse- POLICIES, PARAGRAPH (G) AND (H), IN ORDER TO UPDATE THE CITY'S TRAVEL ment Policy EXPENSE REIMBURSEMENT POLICY. Ord. #3513 Solicitors, (J) ORDINANCE NO. 3513 RELATING TO LICENSING OF SOLICITORS, PEDDLERS Peddlers and Street � AND STREET VENDORS; AMENDING SECTIONS 4.12.010, 4.12.010, 4.12.040, 4.12.055, Vendors AND 4.12.065 OF THE EDMONDS CITY CODE. Daley Street (K) REPORT ON BIDS OPENED AUGUST 3, 2004 FOR THE DALEY STREET SEWER Sewer Line Replacement LINE REPLACEMENT PROJECT, AND AWARD OF CONTRACT TO BUNO CONSTRUCTION, LLC ($683,441.15, INCLUDING SALES TAX). willow (L) AUTHORIZATION TO CALL FOR BIDS FOR THE WILLOW CREEK OUTFALL PIPE Creekl Pipe Outfal EXTENSION PROJECT. 3. THE CITY COUNCIL RECEIVED A REQUEST THAT THE FOLLOWING MATTER BE Proposed CONTINUED TO SEPTEMBER 28, 2004: Contract Rezone at CLOSED RECORD REVIEW OF THE PLANNING BOARD'S RECOMMENDATION TO DENY 546 Paradise Lane A PROPOSED CONTRACT REZONE FOR THE PROPERTY LOCATED AT 546 PARADISE LANE. THE REQUESTED REZONE WOULD CHANGE THE ZONING FROM RS-6 TO RM- 2.14 WITH SOME LIMITING CONDITIONS. (APPLICANT: WARREN LAFON / FILE NO. R- 2004-7) Council President Pro Tem Dawson explained this item was originally scheduled for this evening but the City received a request from the applicant to continue the matter to September 28, 2004 due to the unavailability of their representative. The City Clerk provided notice to all parties of record, requesting their comments regarding the September 28 date. Two comments were submitted from parties of record regarding the date change, indicating that although they preferred the matter be resolved as soon as possible, they had no conflict with the September 28 date. Therefore, unless there was any conflict with September 28, Council President Pro Tem Dawson advised the matter would be continued to that date. Housing 4, PRESENTATION BY THE HOUSING AUTHORITY OF SNOHOMISH COUNTY (HASCO) Authority of REGARDING SINGLE FAMILY REHABILITATION AND REPAIR PROGRAMS AVAILABLE Snohomish County ITO LOW-INCOME HOMEOWNERS. Val Sutherland, Housing Rehabilitation Manager, Housing Authority of Snohomish County (HASCO), explained HASCO has offered the rehabilitation loan program for the past 25 years. HASCO offers low or no interest loans to low income homeowners to assist them with remaining in their homes Edmonds City Council Approved Minutes August 17, 2004 Page 2 with the emphasis on correcting health and safety items. She explained the program provides assistance with roofs, furnaces, flooring, septic, electrical, handicapped accessibility and other health or safety items. Terms varied from 0 — 3 % and the long term loans were adjusted to the homeowners' ability to make payments. She noted senior and disabled households generally receive a deferred payment loan. An applicant must have equity in the home and acceptable credit and HASCO did consider ratios although not as stringently as banks. She summarized HASCO took the application, processed the loan, underwrote the loan, closed the loan, conducted the inspection, monitored the contractor's work and serviced the loan. All interest and principle repayments were then re -loaned to new borrowers. Ms. Sutherland provided before and after photographs of a repair/rehabilitation completed for an Edmonds man via a 0% deferred repayment loan. She explained via a partnership with the Weatherization. Program and the assistance of the man's family, insulation, furnace repair, new roof, kitchen remodel, new appliances, bath remodel, flooring and windows were provided. She described another loan provided to a senior homeowner, noting low or no interest loans for repair/rehabilitation projects were also available to families who qualified. Ms. Sutherland displayed the HUD income eligibility requirements (household of I - $40,250, household of 2 - $46,000, household of 3 —$ 51,750, household of 4 - $57,500, and household of 5 - $62,100). She encouraged anyone to contact HASCO if they or someone they knew could benefit from the program. Ms. Sutherland described the Minor Home Repair grant program for emergency housing repairs up to $1500; the goal was to create a safe environment to allow clients to live in their homes as long as was reasonable. She noted they also often partner with senior services and are able to provide a loan when major repairs are required. She identified another program, the Weatherization Program of Snohomish County, whose purpose was to conserve energy to assist low income clients via insulation, venting, air sealing and hot water tank wraps. Ms. Sutherland summarized the average client was a 66-year old female who had lived in her home over 30 years, lived on Social Security with an average income of $1200 per month, owned the home free and clear and had been widowed for at least 10 years. She concluded they had assisted 54 clients in Edmonds in the past 20 years. At Council President Pro Tern Dawson's request, Ms. Sutherland provided her contact number: (425) 290-8499, Ext. 155. Fans united 5. PRESENTATION BY THE FANS UNITED FOR NASCAR for NASCAR David Toyer, Fans United for NASCAR, a privately funded local organization, explained their organization was enlisting the assistance of NASCAR fans to responsibly advocate for a proposal to attract International Speedway Corporation (ISC) to build a facility in North Snohomish County. He stated ISC planned to build, own and operate a new NASCAR track somewhere in the Pacific Northwest. The track will include seating for 80,000 around an oval track of up to 1.5 miles. Fans United for NASCAR has proposed a 600 acre site in North Marysville, south of 172 d. Much of the site would only be used occasionally for ISC parking during major races and be available for other types of recreation the remainder of the year. Mr. Toyer provided other facts regarding ISC who own and operate 12 of the nation's major motor sports facilities including the Daytona International Speedway. Mr. Toyer described a survey conducted in July 2004 consisting of 350 interviews among a representative sample of Snohomish County voters. The survey revealed auto racing was the third most popular sport to watch, ranking behind baseball and professional football. The survey also revealed that four -in -ten have watched NASCAR in the last year, the majority do not have a favorite driver, voters are optimistic about the direction of Snohomish County, and transportation issues and growth development are leading concerns for county voters. With regard to the NASCAR racetrack proposal, the survey revealed most Edmonds City Council Approved Minutes August 17, 2004 Page 3 voters have heard about the NASCAR racetrack proposal, more than half were very or somewhat familiar with the proposal, and six -in -ten favored a NASCAR racetrack in Snohomish County. The survey also identified economic factors as the leading reason for supporting the racetrack and concerns about traffic as the leading reason for opposition to the racetrack. With regard to the North Marysville site, six -in -ten were very or somewhat familiar with the proposed site, a plurality of voters preferred the NASCAR development over other options for the site, voters who opposed the NASCAR racetrack proposal preferred mixed residential/commercial development at the site, and although a majority of voters supported developing the property under a plan with SCI, many were skeptical. He reviewed proponent message testing where respondents were read statements made by supporters of the racetrack and asked if they were more or less likely to support the racetrack after hearing the statement. He summarized respondents were more likely to support a racetrack if it provided year- round family recreation, would generate at least $58 million from out-of-state visitors, contributed to the economy, provided environmental mitigation to streams in the area, and attracted federal and state funds to address transportation issues. Mr. Toyer explained opposition message testing was also conducted where respondents were read statements made by opponents of the racetrack and asked if they were more or less likely to support the racetrack after hearing the statement. He summarized traffic was the biggest issue followed by noise. At the conclusion of the survey, informed reactions that were surveyed revealed more than six -in -ten favored a NASCAR racetrack in Snohomish County. Mr. Toyer summarized the survey findings: 84% had heard something about the proposal and 57% described themselves as familiar with it; by a 60-25% margin, voters supported locating a new 80,000 seat NASCAR racetrack in Snohomish County; supporters believed it would be good for the economy and opponents were largely concerned about increased traffic; 60% were familiar with the potential site in Marysville; when given four development options a plurality favored developing it into a NASCAR racetrack while fewer than one -in -five favored any other development options; 67% believed it was very or somewhat likely the site would be selected by ISC; traffic issues would need to be addressed as voters were most negative after hearing the racetrack would generate significant traffic; more than two -in -three voters were more likely to support the NASCAR racetrack proposal after hearing each of the six potential proponent messages, and the most effective proponent message was that the racetrack at the site would result in restored salmon bearing creeks and improved water quality as well as provide a year-round center for family recreation. Mr. Toyer summarized the advantages of the North. Marysville site were location, easy access to I-5, located within the Urban Growth Area, its proximity to airports, and utility capacity. He encouraged Snohomish County residents to "Back the Track." Council President Pro Tem Dawson referred to the comment regarding how this project could be an impetus for solving traffic problems in that area. Mr. Toyer advised there were no specifics yet available for this proposal, however, his experience with development was that the opportunity to master plan for a facility and consider traffic impacts may generate overall, long term transportation planning for the corridor and consider potential mitigation measures as well as identify specific improvements for funding. Council President Pro Tem Dawson inquired about the comment regarding improvement to salmon. bearing creeks. Mr. Toyer answered it was a potential mitigation measure as the 600 acre site was located in an area with streams. Council President Pro Tem Dawson inquired about what type of mitigation ISC has done in other areas. Dan Flynn, Fans United for NASCAR, answered ISC has done that type of mitigation in other areas. He commented development of the racetrack on the entire 600 acre parcel had the potential to make the site far better than if it were developed 5-10 acres at a time. Edmonds City Council Approved Minutes August 17, 2004 Page 4 Council President Pro Tern Dawson asked if there were any specifics with regard to mitigation ISC had done in other areas. Mr. Flynn answered all sites were different but the elected officials who have visited their tracks in other cities were happy with the quality of ISC's development. Mr. Toyer advised a specific proposal would determine what needed to be mitigated. 6. AUDIENCE COMMENTS Ascax Rowena Miller, 8711 182"d Place SW, Edmonds, assumed that Fans United for NASCAR asked to presentation make a presentation to the Council. She also presumed if opponents asked to make a presentation, they would be provided a similar amount of time. Similarly, with regard to the developers who made a presentation to the Council recently, she emphasized the importance of the Council, in an effort to continue to reach out to the community, providing opponents equal time. 7. REPORT ON CITY COUNCIL MEETINGS OF AUGUST 10 2004. Community/ Community Services/Development Services Committee Development services Couneilmember Wilson reported the committee discussed proposed revisions to the Nuisance Ordinance Committee as some provisions in the present ordinance have been in place since 1890 and need to be updated. Staff reviewed the structure of the ordinance and will return to the committee with specific recommendations before forwarding it to the Planning Board for review. Next, the committee was provided a progress report on the Critical Areas Ordinance update. With regard to the update of the Downtown. Waterfront Plan, staff also provided information regarding development trends in the BC zone since 1980. An open house is scheduled on August 25 regarding the Comprehensive Plan/Critical Areas update at 7:00 p.m. in the City Hall Brackett Room. The last item the committee discussed was administrative variances and conditional use permits. The committee referred the review of administrative variances and conditional use permits to the Planning Board for a recommendation with specific direction to consider the review criteria for conditional use permits to make them more enforceable and measurable. Finance Finance Committee committee Councilmember Marin reported the committee reviewed an eight year lease extension between the City and Edmonds -South Snohomish County Historical Society for the Carnegie Library; this item was approved on tonight's Consent Agenda. Next, the committee reviewed a proposed change to the City's rules governing employee travel; the change would eliminate per diem meal reimbursement in favor of employees being reimbursed the actual cost of meals. This item was also approved on tonight's Consent Agenda. The committee also reviewed the mid -year financial report. 8. MAYOR'S COMMENTS Mayor Haakenson had no report. 9. COUNCIL COMMENTS Presentations Council President Pro Tem Dawson responded to Ms. Miller's comment, explaining the Fans United for and NASCAR requested to be scheduled on the agenda. She assured an opposition group would be provided Opposing Viewpoints equal time. Although she understood citizens' concern with City staff providing a presentation that may/may not seem one sided, she pointed out that an opposing viewpoint was not always provided on all issues. Mayor Haakenson clarified it was not City staff that prepared the presentation regarding building heights. Council President Pro Tem Dawson clarified the presentation was prepared at the request of some Councilmembers and staff may have assisted. She agreed it would be appropriate to schedule a presentation by citizens with an opposing viewpoint if there was anyone who wished to do so. Edmonds City Council Approved Minutes August 17, 2004 Page 5 y Park Council President Pro Tem Dawson commented on the City Park concert she hosted, noting it reminded nce. her what a great city Edmonds was and how fortunate residents were to live here. ommunity Councilmember Marin commented on graffiti on a Community Transit bus stop near his home that stated, ransic "you must be poor to have to ride the bus." He noted one of his Council appointments was to the Board of Community Transit and for the past 3-4 months he has been riding the bus fairly frequently, initially to familiarize himself with the buses and later because he liked riding the bus. After challenging himself to ride the bus all week, he rode 25 buses during the first week of August, drove his car four times and rode his bicycle several times. Noting that a number of people have stopped to offer him a ride after seeing him at a bus stop, he assured he was not riding the bus because he was in distress but rather was riding the bus for a purpose. Councilmember Marin commented on the difference between riding the bus to shop and attend meetings versus riding the bus to a single daily designation, acknowledging there was some anxiety associated with making connections to reach a destination. He noted via this effort, he had gotten Community Transit to improve their website and begin improvements to bus stops; the next adventure will be to triple Community Transit's expenditures on bus shelters. He urged those with concerns regarding public transit to contact him due to his ability via his position on the Community Transit Board to assist with implementing improvements. He summarized there were opportunities to improve bus service so that it was a resource to the community. He compared the cost of a recent trip to Marysville at 37.5 cents per mile by car or $16 versus the $1 bus fare. fof Councilmember Olson thanked everyone who worked on the Taste of Edmonds, noting it was a ds wonderful event and the reason it was so successful was because of the number of people in the community who support it. 10. EXECUTIVE SESSION REGARDING TWO REAL ESTATE MATTERS xecutive Session At 7:40 p.m., Mayor Haakenson recessed the Council to an Executive Session on two real estate matters. He advised the Council would adjourn immediately following the Executive Session. GARY SON, MAYOR SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes August 17, 2004 Page 6 AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5t" Avenue North 7:00 - 10:00 p.m. AUGUST 17, 2004 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 August 3, 2004. J (C) Approval of claim checks #73033 through #73193 for the week of August 2, 2004, in the amount of $225,693.64. Approval of claim checks #73205 through #73360 for the week of August 9, 2004, in the amount of $359,999.77. Approval of payroll direct deposits and checks #38791 through #38936 for the pay period July 16 through July 31, 2004, in the amount of $855,377.64.* *Information regarding claim checks may be viewed electronically at www.ci.edmonds.wa.us (D) Acknowledge receipt of Claim for Damages from Joshua Boyer ($150,000), and Bill Lund ($565.00). (E) Approval of list of Edmonds businesses applying for renewal of their Liquor Licenses with the Washington State Liquor Control Board. (F) Report on final construction costs for the Shellabarger Creek Emergency Culvert Replacement Project and Council acceptance of project. (G) Authorization for the Mayor to sign the Lease Addendum with Edmonds -South Snohomish County Historical Society. (H) Proposed Ordinance adopting an Interim Zoning Ordinance, amending ECDC 21.30.010 Families to add a new paragraph D in order to amend the definition of family to authorize and permit exchange students to reside with families for a period not to exceed one year, and setting a public hearing date. (1) Proposed Ordinance amending the provisions of Section 2.25.050 relating to travel authorization and expense reimbursement policies, paragraph (G) and (H) in order to update the City's Travel Expense Reimbursement Policy. Page 1 of 2 CITY COUNCIL MEETING AGENDA AUGUST 17, 2004 Page 2 of 2 (J) Proposed Ordinance relating to licensing of Solicitors, Peddlers and Street Vendors; amending Sections 4.12.010, 4.12.020, 4.12.040, 4.12.055, and 4.12.065 of the Edmonds City Code. (K) Report on bids opened August 3, 2004 for the Daley Street Sewer Line Replacement Project, and award of contract to Buno Construction, LLC ($683,441.15, including sales tax). 3. ( 5 Min.) The City Council received a request that the following matter be continued to September 28, 2004: Closed Record Review of the Planning Board's recommendation to deny a proposed Contract Rezone for the property located at 546 Paradise Lane. The requested rezone would change the zoning from RS-6 to RM-2.4 with some limiting conditions. (Applicant: Warren LaFon / File No. R-2004-7) 4. (10 Min.) Presentation by the Housing Authority of Snohomish County (HASCO) regarding single-family rehabilitation and repair programs available to low-income homeowners. 5. (15 Min.) Presentation by the Fans United for NASCAR. 6. Audience Comments (3 Minute Limit Per Person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings. 7. (10 Min.) Report on City Council Committee Meetings of August 10, 2004. 8. ( 5 Min.) Mayor's Comments 9. (15 Min.) Council Comments 10. (30 Min.) Executive Session regarding two real estate matters. 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. The Council Agenda as well as a delayed telecast of the meeting appears on cable television Government Access Channel 21.