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08/24/2004 City CouncilAugust 24, 2004 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Pro Tem Plunkett in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Michael Plunkett, Mayor Pro Tem Deanna Dawson, Council President Pro Tem Jeff Wilson, Councilmember Mauri Moore, Councilmember Peggy Pritchard Olson, Councilmember Dave Orvis, Councilmember Richard Marin, Councilmember ELECTED OFFICIALS ABSENT Gary Haakenson, Mayor 1. APPROVAL OF AGENDA STAFF PRESENT Tom Tomberg, Fire Chief 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 Rob Chave, Planning Manager Dave Gebert, City Engineer Darrell Smith, Traffic Engineer Don Fiene, Assistant City Engineer Frances Chapin, Cultural Resources Coordinator Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, FOR APPROVAL OF THE AGENDA. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM DAWSON, FOR APPROVAL OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: Approve (A) ROLL CALL 8/17/04 Minutes (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF AUGUST 17, 2004. Approve (C) APPROVAL OF CLAIM CHECKS #73366 THROUGH #73519 FOR THE WEEK OF Claim AUGUST 16, 2004, IN THE AMOUNT OF $191,736.23. APPROVAL OF PAYROLL Checks DIRECT DEPOSITS AND CHECKS #38938 THROUGH #39083 FOR THE PAY PERIOD AUGUST 1 THROUGH AUGUST 15, 2004, IN THE AMOUNT OF $1,008,003.63. Claim for I (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM DAVID SANFORD Damages (AMOUNT UNDETERMINED), AND CAROLYN JENSEN ($355.00). Snocom I (E) CITY COUNCIL APPROVAL OF THE UPDATED SNOCOM INTERLOCAL greement AGREEMENT. Edmonds City Council Approved Minutes August 24, 2004 Page 1 Ord# 3514 (F) ORDINANCE NO. 3514 AMENDING EDMONDS COMMUNITY DEVELOPMENT Construction CODE SECTION 20.60.005 RELATING TO THE DEFINITION OF CONSTRUCTION Signs SIGNS, SECTION 20.60.010A, PERMIT REQUIRED, AND ADDING SECTION 20.60.70, CONSTRUCTION SIGNS, ALL IN ORDER TO REPLACE INADVERTENTLY DELETED PROVISIONS RELATING TO A DEFINITION AND REGULATIONS FOR CONSTRUCTION SIGNS. Ord# 3515 (G) ORDINANCE NO. 3515 AMENDING THE PROVISIONS OF ECDC 17.40.020 NON - Historic CONFORMING BUILDINGS SECTION (C) HISTORIC BUILDINGS, TO INCLUDE A Buildings REFERENCE TO THE CITY'S HISTORIC REGISTER. Tobacco 3. PRESENTATION BY SNOHOMISH COUNTY HEALTH DISTRICT REGARDING TOBACCO Prevention and Control PREVENTION AND CONTROL Councilmember Marin, Council representative on the Snohomish County Health District Board, reported he recently attended the National Association of Local Boards of Health Conference where the United States Surgeon General Richard Carmona, MD, whose career was spent primarily in emergency rooms, reported that two-thirds of injuries/illnesses were preventable. Councilmember Marin pointed out likewise the dangers of smoking were preventable. Colleen Williams, Nurse and Volunteer for the Snohomish County Health District in the areas of Tobacco Prevention and Control, explained most workers were protected from the hazards of secondhand smoke with the exception of hospitality workers. Eliminating exposure to secondhand smoke was one of the focuses of Snohomish County Health District's Tobacco Prevention and Control program and education efforts were being concentrated on the hospitality industry workplace. She emphasized the hazards of secondhand smoke particularly to those who work where smoking is permitted. She reported many cities, counties and states that have gone smoke free have not seen harm to businesses or revenues. Further, recent Washington state polls show strong public support for indoor clean air laws. She displayed a list of facts regarding the hazards of secondhand smoke. Ms. Williams displayed a matrix of the economic impact/benefit of smoke -free ordinances passed in New York City, Pierce County and California. She summarized research conducted over the last year found 63% said all people should be protected from secondhand smoke, 58% said cities/towns should establish rules to protect non-smokers, 77% said it was not okay to allow smoking in public places, 65% favored banning smoking in public places, and 67% favored passing local laws to restrict smoking. With regard to what the Council could do to protect Edmonds residents from secondhand tobacco exposure, she suggested educating and encouraging business owners to have voluntary smoke free workplaces, educating and encouraging state lawmakers, working with Parks & Recreation to pass the For Our Kids Smoke Free Parks policy. Councilmember Moore asked whether smoking had been banned on Seattle beaches. Ms. Williams responded she would research that issue and report back to the Council. Councilmember Marin asked Ms. Williams why she volunteered with the Health District on this issue. Ms. Williams answered she quit smoking nine years ago and was diagnosed with lung disease in 2002. 4. AUDIENCE COMMENTS Fund 112Mayor Pro Tem Plunkett advised the Council received 13 emails regarding Fund 112 funding sources, 12 Funding y g g g Sources that encouraged the Council not to use REET funds for funding the transportation budget and one indicating it would be appropriate to use REET funds for Fund 112. Edmonds City Council Approved Minutes August 24, 2004 Page 2 Flooding 1 Judith Polenske, 514 41'' Avenue S, Edmonds, described a flooding problem on her property that she Problem/ Storm Drain had been unable to get resolved through the City departments. She explained the lowest point of the street was at the end of her driveway and the City storm drain was located just uphill and to the south of her driveway. During normal rains, water collects in the low spot before it empties into the drain and comes up her driveway and into her garage as well as on the north side of the driveway and onto the neighbor's property. During heavy rains, stormwater has been seen shooting up out of the storm drain, compounding the flooding problem on her property. She described the need to check the storm drain several times a day to remove debris and the use of sandbags several times over the winter to keep water out of her garage. She commented on the repair to the sinkhole on 5th Avenue and staff s indication that the drain pipe in front of her house would also be reengineered. She noted to date nothing has been done. Mayor Pro Tern Plunkett recommended Ms. Polenske contact City Engineer Dave Gebert tomorrow. KEFT Fund John Doolittle, 21215 92"d Place W, Edmonds, urged the Council not to raid the REST fund. He referred to an Everett Herald article that mentioned 76th & Meadowdale Beach Road as a potential sidewalk project, acknowledging there may be safety issues in that area but he also did not have a sidewalk on his street. He referred to recent park maintenance cutbacks and was certain there were safety issues as a result. He pointed out the children in the Meadowdale area used the parks, playfields and schools as well as the sidewalks. He acknowledged the lack of transportation funding as a result of initiatives such as I-776 and urged elected officials to educate the public regarding why there was no money for transportation projects in an effort to get them to stop voting for initiatives like I-776. Moving money from one department to another until the system collapsed was not appropriate. He noted the City needed to maintain funding for parks as increasing density would increase pressure on parks. Josephine Lloyd, 8120 1865t" Street SW, Edmonds, spoke regarding the issue of funding sidewalks KEFT Fund from the REET fund. She acknowledged the concern regarding the lack of sidewalks, noting she too lived on a street without sidewalks that was used by pedestrians and bicycles as well parents and school buses transporting children to the nearby elementary school. She noted the REET fund was established 20 years ago and enabled many Councils to develop the City into a desirable place to live and work. She cited the public's enjoyment of the waterfront and the ability for children to walk to a park, commenting manicured parks deterred crime. She noted the fund was established for park development, improvement, acquisition and debt service and the use of these funds for anything other than what was intended would undermine the actions of previous Councils, City Managers, staff and volunteers. She concluded similar action by state officials that authorized changes in the use of funds prompted a rash of initiatives. She urged the Council to be good stewards of public funds, uphold the integrity of the approved strategic plan and to work to prioritize and plan for an acceptable solution. Arvilla Ohlde, 15191 E SR 106, Belfair, retired Edmonds Parks & Recreation Director, appealed to the xEEr Fund Council to reaffirm their commitment to retain REET for park acquisition and development. She recalled when hired by Edmonds, she was elated by the City's commitment to parks with the dedication of REET for park capital purposes. She recalled Bremerton's limited annual park capital appropriation which precluded them from applying for grants due to the unavailability of local match funds. She described her ability to multiply Edmonds' REET funds for capital needs, noting she was able to secure over $7 million in matching regional, state and federal dollars. She found staffs proposal to solve local transportation funding problems via the use of Park Capital Fund regressive. She disagreed with engineering staffs statements in the Agenda Memo that no major capital parks would be impacted. She referred to the proposal to dedicate $210,000 from the Park REET funds to transportation walkway projects linking parks and schools. She noted the adopted Parks & Recreation Comprehensive Plan clearly defined the use of the REET Park Capital fund to be used for walkways that link parks and schools. She noted the completion of the Interurban pedestrian/bicycle corridor was a $300,000+ REET funded project with Edmonds City Council Approved Minutes August 24, 2004 Page 3 matching grant funds. She concluded REET funds were not the answer to the current transportation funding shortfall. Ms. Ohlde referred to staff s indication in the Agenda Memo that diverted REET funds would be used for ADA accessible curb ramps, pointing out the availability of HUD grants that provide 100% funding for ADA ramps. She suggested engineering staff apply for HUD grants to fund ADA ramps, noting no grants for ADA curb cut grants had been written in the past ten years. She referred to the recent Senate Transportation meeting where a presentation was provided by the Regional Transportation Investment District and Senator Dave Swecker's comment that citizens were asking for accountability in funding of specific transportation projects so that they can see how their dollars are spent. She concluded if specific walkway projects were needed in Edmonds, the local beneficiaries needed to fund the project rather than raiding the park capital fund as a solution. She urged Council to reaffirm their commitment of the REET funds to park capital acquisition and development as defined in the adopted Parks Comprehensive Plan. Woodway Patricia Nicholoff, 23530 Robin Hood Drive, Edmonds, requested the City purchase a park in their Elementary neighborhood, noting the Edmonds School District was interested in selling surplus property including School- Park the former Woodway Elementary School located at 23700 104th Avenue W. She recalled when the sale of this property was proposed 11 years ago, the neighbors presented a petition to the Snohomish County Council (prior to annexation) seeking the county's assistance in acquiring the property as a park. She noted there was no park in the southwest corner of Edmonds. She provided copies of the correspondence and newspaper articles from 1993. She also provided a petition signed by several neighbors requesting the Council purchase the property for a park. She supported retaining the REET funds so that the property could be developed as a park. . ark I Bruce Higgins, 20138 44th Avenue NE, Seattle, Volunteer Coordinator for the Underwater Park, Fundmg Jcommented the transfer of funds from parks to transportation would break the connection — if voters did not see the consequences of not funding transportation, they would continue to believe there was not a problem and would continue not funding transportation. The parks in Edmonds are a jewel and it was disappointing to see the City focusing on certain aspects rather than the city as a whole. He pointed out the loss of parks could result in a loss of quality of life which could not be measured in dollars. Woodway st Elementary Kathy Parkhurst, 23721 1.01 Place W, Edmonds, commented on the use of the former Edmonds - School - Woodway High School site as a park, noting there were no other parks in south Edmonds. Park Ron Wambolt, 530 Dayton Street, Edmonds, concurred with the comments of the previous speakers, particularly the need for a park in south Edmonds such as the former Woodway Elementary school site. Bnilaing He referred to downtown building heights, noting that Councilmember Moore supported allowing xei>nts commercial buildings to exceed the current maximum allowable 30 feet. He disputed her statement that this change was necessary for the economic survival of the business area, pointing out this was only her judgment and there was no data to corroborate her statement. Developers had chosen not to construct higher first floors because they preferred to develop 3-story buildings within a height limit intended for 2- story buildings. With regard to the statement that the City needed the increase tax revenue that would result from higher buildings, he contended that the incremental revenue would be of little consequence to the City. He referred to the tax revenue the City would collect once development was completed on the Unocal site (approximately $300,000), pointing out it would require nearly 100 taller buildings to generate the same revenue, requiring that virtually the entire BC zone be built out with 3-story buildings. He concluded that higher building heights would be of little economic benefit to the City but would have major results such as increasing developer's incomes, blocking residents' views, and dramatically changing the character of the downtown area. He acknowledged the City needed more revenue but preferred it be collected via additional sales tax generated by significant businesses such as on Hwy. 99. Edmonds City Council Approved Minutes August 24, 2004 Page 4 REET Eunas Dale Hoggins, 510 4th Avenue S, Edmonds, opposed the transfer of park REET funds to Fund 112 and one department seeking another department's funds or source of revenue as this was a bad practice that did not solve the real problem. He cited numerous negative impacts of this practice such as fostering distrust, developing unholy alliances, preying on the weak, and fostering poor management. He was receptive to determining a dedicated revenue source for streets and sidewalks, noting the library funding method was a model for streets and sidewalks. He suggested a special, multi -year property tax to fund streets and sidewalks and encouraged neighborhoods to use LIDS, possibly with matching grants. He commented on property he was required to dedicate to the City as well as construct curbs and sidewalks as part of a recent project, noting others also had responsibility for their own property. He concluded the transfer of REET park funds to streets and sidewalks would not solve the City's funding problems and he urged the Council to think long term to solve the funding issue cooperatively. woodway Corinna Beuchet, 10109 238'h Street SW, Edmonds, commented she moved to Edmonds as she found Elementary it a sanctuary. She later learned the ark near the school was in danger of being sold. She commented on school.- iS'• 1� g g Park the need for many to drive to a park and encouraged the Council to preserve parks. woodway Colin Southcote-Want, 10616 237t`' Place SW, Edmonds, reported learning that Edmonds School Elementary District was considering the sale of several properties, including the school that had been used as Park°l Sherwood Park. He recalled participating on a committee in 2001 that developed the Parks & Open Space Comprehensive Plan. He noted the purpose of the Plan was to identify the need for parks, open space and recreation facilities in the Edmonds area and to establish policies to meet those needs. He referred to a map in the Plan that identified Edmonds parks, pointing out there were few parks in the south portion of the City. He urged the Council to work with the Edmonds School District to acquire the property for a park. He reported on a neighborhood meeting that attracted 50 people, noting one of the people at the meeting created a website — www.sherwoodpaik-edmonds.org. He noted this may be an inappropriate time to divert funds from the park REET fund. arks Rick Miller, 23623 107Ih Place W, Edmonds, urged the Council not to approve a transfer of funds from [Acquisition the parks acquisition budget to other budgets. He noted the City had done a great job developing gorgeous parks. In addition to supporting the previous comments, he noted timing was critical — if funds were transferred out of the parks acquisition budget and property became available, funds may not be available for acquisition. He noted acquisition was different from park projects which could be accelerated/decelerated as priorities changed whereas acquisition of property was usually a one-time opportunity. He urged the Council to ensure that funds were available for acquisition. EET Enna, Roger Hertrich, 1020 Puget Drive, Edmonds, emphasized the importance of grants to multiply the Urants City's funds. He noted REET funds provided money for acquisition as well as matching funds. He suspected with the retirement of Ms. Ohlde, few department heads knew how to write grants. He suggested the Council research the number of grants each department head had written over the last five years and consider either educating department heads on grant writing or hiring a grant writer. He concluded it was essential that the City purchase the former Woodway Elementary property which was in an ideal location and had been used as a park for years. REET Puna I Dave Earling, 17511 Talbot Road, Edmonds, referred to a study done two years ago on what people viewed in Snohomish County as a destination; the only place in Snohomish County people identified as a destination was Edmonds. He noted this was in a large part due to the natural beauty as well as the City's world class parks. He acknowledged these were difficult budget times and I-776 eliminated $340,000 per year for transportation projects which forced the City from a 20-25 year overlay cycle to a 60 year overlay cycle. He did not support raiding REET funds to accomplish the sidewalks that many residents would like to have. He noted the REET fund being discussed tonight funded capital projects; there was a separate REET fund for purchase of property. He noted raiding the REET capital projects fund would Edmonds City Council Approved Minutes August 24, 2004 Page 5 make it easier for future, well intentioned Councils to raid the fund again. He was disturbed that this proposal surfaced after the Parks & Recreation Director retired and before a permanent Director had been identified. He urged the Council to reject the proposal to use REST funds for transportation projects. 5. DISCUSSION REGARDING FUND 112 (TRANSPORTATION CAPITAL) FUNDING SOURCES. Fund 112 TraLion C oital Mayor Pro Tem Plunkett explained funding for Fund 112 had been substantial) reduced as a result of I - ion Capital y p g y Funding 776 which resulted in residents' streets likely not having an overlay for 60 years. Staff sought direction Sources from the Council and the Council directed staff to identify all possible funding sources. Tonight staff would make a presentation and seek Council consensus on the 13 possible funding sources for Fund 112. Development Services Director Duane Bowman advised staff planned to discuss possible funding options to address the current crisis in Fund 112, the Transportation. Capital Fund. Mr. Bowman provided a presentation that included a pie chart identifying revenues for Fund 112 and funds eliminated by the passage of I-776 (a reduction of 46% or $350,000 per year). He described the consequences of the reduced revenue including a 65 year overlay cycle (20-30 years is standard) and heavy cuts in pedestrian and bikeway projects, signal and intersection projects and major roadway capacity projects. Mr. Bowman recalled when the difficulties with Fund 112 were discussed at the Council retreat, the following assumptions were presented: one roadway stabilization project each year (there have been four projects in the last six years) at an estimated cost of $162,000 per year, one major walkway project every two years at an estimated cost of $125,000, nine signal/intersection improvements in the next 20 years at an estimated cost of $225,000 per year, and four roadway capacity improvements in the next 20 years at an estimated cost of $663,000 per year. Approximately $50,000 was also allocated for miscellaneous projects including bikeways, small citywide projects, traffic calming, pedestrian lighting and ADA curb ramps. He identified funding levels for overlays based on the cycle - $905,000 per year for a 20 year cycle, $687,000 per year for a 30 year cycle, $582,000 per year for a 40 year cycle. The Council directed staff to pursue funding to maintain a 30 year cycle or $1,942,000 per year for the total combined program needs. Assumptions were also made with regard to grant funding ($622,000 per year), existing local transportation revenues ($416,000 per year) and proposed traffic impact fee revenues ($150,000 per year). He summarized the projected funding shortfall was $754,000 per year for the 30-year overlay cycle. At the retreat and at subsequent meetings, staff identified several options for additional revenues: franchise fees, utility taxes, transportation levy, transportation benefit districts/LIDS, street utility, business license surcharge, sales tax sourcing, parking tax, gambling tax, Esperance annexation area revenue, and Real. Estate Excise Tax (BEET). Staff prepared a matrix that analyzed the potential funding sources and presented a recommendation to the Finance Committee that identified the following four viable potential funding sources, pros and cons and viability of each: Olympic View Franchise Fees Pros: franchise fee is already established Cons: competing demands for the funds. Summary/Viability: Good Recommendation: $120,000 per year Utility Tax Increase to 6% Pros: could be long term source, fairly simple to approve (no public vote required) Cons: competing demands for the funds, additional tax for utility rate payers SummaryNiability: Good long term source Recommendation: $135,000 per year Edmonds City Council Approved Minutes August 24, 2004 Page 6 Esperance Annexation Revenues Pros: could be a long term source Cons: competing demands for the funds, uncertainty as to when it will happen, uncertainty as to how much revenue would be available SummaryNiability: Uncertain Recommendation: $300,000 per year (after annexation takes place) REET 2 Pros: could be long term source, other cities use this source for transportation, no new tax Cons: current policy dedicates all revenues to Parks Capital & City Hall, Library Marina Beach and PSCC debt service; may limit ability to do park capital improvements; reduces funds available for Parks & Recreation grant matching funds SummaryNiability: steady long term source that does not affect current 6-year Parks & Recreation CIP Recommendation: $15% of annual REST revenues (presently $210,000) to be dedicated toward pedestrian projects. Mr. Bowman noted although it had been alleged that the proposal would raid parks for streets, in fact the proposal would restrict funds to construction of walkways that link parks via walkways identified in the Comprehensive Sidewalk Plan and did not include major road projects. Mr. Bowman emphasized staff was seeking policy direction from the Council regarding revenue sources to allow staff to prepare the project list in the 2005 Fund 112 budget. He noted the Council had already adopted a resolution urging the State Legislature to enact legislation authorizing municipalities to implement street utilities or similar local funding alternatives. Acting Parks & Recreation Director Brian McIntosh noted his points regarding use of REST funds had already been covered during the audience comments. Councilmember Wilson asked whether there was any prohibition against using REET 2 funds for capital park projects that included walkways and bikeways in the Parks Comprehensive Plan. Mr. Bowman answered no. Councilmember Wilson asked why this was being specified as an option if the funds were already available for that purpose. Mr. Bowman acknowledged including a walkway such as the one on 76th in the Park CIP was a policy decision the Council could make. Councilmember Wilson noted it would need to meet the requirements of the Park CIP in order to be identified as a project. He clarified any walkways in the Plan were eligible for expenditure of REST funds. Mr. Bowman answered yes. Councilmember Wilson clarified the request was to use additional REET funds for walkways not identified in the Comprehensive Plan. Mr. Bowman answered staff s recommendation was to create a dedicated walkway element. Councilmember Wilson referred to the estimated gambling tax revenue for Mountlake Terrace. Mr. Bowman stated staff ruled out gambling tax as a revenue source because gambling was prohibited in the City. Council President Pro Tem Dawson noted some revenue sources were eliminated because they were not sources of revenue for the 2005 budget year and revenue from Esperance annexation also would not be available for the 2005 budget. Mr. Bowman agreed, noting if the Council provided direction that they wanted staff to pursue that as a potential funding source, staff would begin planning for when that would occur. Council President Pro Tern, Dawson pointed out the Council had been informed of the need for transportation funding but had not been informed of additional funding needs from other departments. Edmonds City Council Approved Minutes August 24, 2004 Page 7 She found it difficult to provide direction to staff regarding funding for Fund 112 without hearing from other departments regarding their funding needs. Council President Pro Tem Dawson questioned why staff indicated LIDs were not well suited for Edmonds. Mr. Bowman answered it was a great option if there were matching funds available. Staff did not find that option to be viable due to the lack of matching funds and they were uncertain whether neighborhoods would be interested in an LID if matching funds were not available. Council President Pro Tem Dawson inquired whether revenue from the Esperance annexation could be dedicated for LID matching funds. Mr. Bowman answered that was a potential but that revenue was viewed as a potential source for overlay projects. Council President Pro Tem Dawson asked what revenue sources would not be used for overlay projects. Mr. Bowman answered staff envisioned revenue from REET would be dedicated to pedestrian improvements with the remainder used for projects identified in the assumption list. Council President Pro Tem Dawson noted CIP projects funded via Fund 125 (REET 2) included a number of walkway projects, and pointed out the City was already using REET 2 funds for park -related walkways. Mr. Bowman acknowledged walkway projects needed to compete with other park improvement projects. Council President Pro Tem Dawson asked why staff did not recommend a transportation levy. Mr. Bowman answered staff felt a transportation levy was not viable in the current political climate. Councilmember Orvis referred to comments that the old Woodway Elementary School may be available for purchase. His understanding was that funds for acquisition would be from REET 1 and REET 2 would not be used for acquisition. Mr. Bowman agreed REET 2 was for capital improvements and REET 1 was for acquisition. He noted if the City acquired the old Woodway Elementary School site, the City would also need to identify funds to develop the site which would be via REET 2. Councilmember Moore commented if the number one recreation in Edmonds was walking, could a sidewalk be considered a park? Mr. Bowman answered a sidewalk was not a park but was a form of recreation. Councilmember Moore noted a sidewalk could be funded via REET funds which were dedicated to parks. Mr. Bowman answered REET 2 could be used for a number of capital improvements including a sidewalk. He recommended the Council consider the walkways in the Parks & Recreation Comprehensive Plan to ensure the walkways that were funded were in the Comprehensive Plan. Councilmember Moore noted staff s options did not include a "do nothing option" that would not add funds to Fund 112. Mr. Bowman advised the result would be streets would deteriorate and telephone calls to the City demanding their street be repaired would increase. He noted the City already received such calls and residents were told due to the impacts on Fund 112, street overlays were being deferred. Councilmember Moore commented if residents realized there were a lot of demands on the sources of revenue and that the City did not have funds to do overlays, residents would realize the money had to come from somewhere. Mr. Bowman answered the long term impact of not adding funds to Fund 112 would likely be deferred maintenance which increased the cost of replacement and repair. He referred to one of the comments by the public that voters seeing the consequences may increase support for funding such as a local transportation levy. Mayor Pro Tem Plunkett inquired why these revenue proposals were not being presented during the budget process when other departments' needs could also be considered. Mr. Bowman answered he was pleading the case for the crisis in the Fund 112. He noted if the Council was not interested in providing Edmonds City Council Approved Minutes August 24, 2004 Page 8 specific direction, they could indicate a direction they were most interested in proceeding and staff could develop further information. He noted it was difficult to develop a budget without identifying the funding source and the projected revenue. Staff has discussed this fund with the Council on numerous occasions and was asked to make a presentation to the Council regarding funding options. Mayor Pro Tem Plunkett acknowledged staff was making this presentation at the Council's invitation. Councilmember Olson asked what the utility tax rates were now. Mr. Bowman answered they were 5.75% for gas, 5.25% for telephone, 5.25% for water, and 5% for cable. Council President Pro Tern Dawson noted there was a difference between what REET 2 could be used for under RCW versus long standing Council policy. State law allowed the use of the funds for a number of projects including streets, highways, water systems, etc.; however, this Council's policy has been since its inception to use the funds only for park capital improvements. She noted park capital improvements included walkway projects that were specifically related to parks such as the Interurban Trail, waterfront walkway project, walkway projects linking parks, etc. and could already be funded under existing long standing Council policy. The shift would be to dedicate the funds into a special fund used only for walkways or use the funds for whatever capital projects State law allowed. She acknowledged it was not staff s proposal to use the REST funds for street overlays, etc. Mr. Bowman agreed this proposal would not use REET funds for street overlays; staffs proposal was to establish a dedicated funding source for walkways. Councilmember Wilson asked why staff was not taking a more aggressive approach to pursuing HUD grants for ADA projects. Mr. Bowman commented he was surprised the Public Works Department had not pursued such grants, noting a number of ADA projects for access to public buildings had been funded via HUD grants. He commented the Senior Center competed well for HUD grants for ADA access. He pointed out the HUD block TAC grant committee has in the past viewed Edmonds as a high income city and has needed to be reminded that if a project qualified for ADA requirements, it met the criterion to be awarded a HUD grant. Councilmember Wilson noted virtually all the ADA curb ramps in the downtown were funded via HUD grants. He urged staff to aggressively pursue all grants. Councilmember Wilson noted the City was not required to provide matching funds for a LID. The availability of matching funds may be an incentive for neighborhoods to pursue a LID to construct sidewalk or walkway projects. Mr. Bowman advised any neighborhood was welcome to request a LID for a project whereby the benefactors of the improvement would fund it. Councilmember Wilson questioned why the matrix indicated a LID was not a recommended funding source. Mr. Bowman advised the City was open to forming a LID for residents who were willing to fund improvements in the neighborhood. Councilmember Wilson suggested the matrix indicate a LID was an option that was always available rather than stating it was not recommended. Councilmember Wilson inquired regarding the need for a separate fund when capital walkway projects in the Parks Comprehensive Plan were eligible for REET 2 funds. He suggested those project compete with other capital projects via the CIP. Mr. Bowman answered it was a Council decision to determine whether they wanted a dedicated fund for walkways. He noted the other option was walkways would compete for funding in the CIP process. Councilmember Wilson noted taking funds from REET 2 would diminish the total dollars available in Fund 125, thereby diminishing the funds available as matching funds. Councilmember Wilson clarified REET I funds could be used for park property acquisition and REET 2 for park capital improvements. He noted in the example the public provided, purchase of the old Woodway Elementary School, there could also be demolition required to make the land ready for a park. That demolition cost was eligible for funding via REET 2 funds. Mr. Bowman agreed. Edmonds City Council Approved Minutes August 24, 2004 Page 9 With regard to the options on the matrix, Councilmember Wilson stated with the exception of the transportation levy and the street utility, the funds generated could be for any City purpose. The Council could use tonight's exercise to identify which sources to direct staff to pursue further, identifying the amount they would generate and then during the budget process determine how those sources would be used to address funding needs in the City. Mr. Bowman noted one option that staff did not recommend be pursued was the transportation levy due to the potential risk via paying for an election. He noted if the voters rejected a transportation levy, that was direction to the Council that transportation projects were not a high priority to the electorate. Councilmember Wilson pointed out primary and general elections were less costly than special elections. City Clerk Sandy Chase agreed. Councilmember Wilson asked what criteria was used to evaluate walkways that should be included in the Park Comprehensive Plan and whether sidewalks that linked school properties were appropriate for inclusion in the Park Comprehensive Plan. Acting Parks & Recreation. Director Brian McIntosh noted the Interurban trail was a linear park and he agreed walking was a recreational activity. He noted sidewalks that connected to schools, sidewalks that connected schools to parks or parks to parks were not identified in the Comprehensive Plan. Councilmember Wilson asked whether a walkway to connect a neighborhood with no walkways to a park land in close proximity would be eligible for inclusion in the Park Comprehensive Plan and eligible for funding from REET 2. Mr. McIntosh noted that would be a change in philosophy. He noted Park's objection to staffs proposal to use REET funds for walkways was the dedication of those funds in perpetuity because it diminished the City's ability to take advantage of opportunities. He noted connectivity of walkways, pathways and sidewalks to parks and linking parks to parks was not in the realm of the past use. Council President Pro Tem Dawson asked when a decision would need to be made to place a transportation levy on the November ballot. Ms. Chase answered the deadline was near. Council. President Pro Tem Dawson asked if there was a cost advantage to placing an issue on a presidential election ballot. Ms. Chase answered placing a ballot measure on a general election/presidential election was the best for keeping costs down. She noted the most expensive was a special election, and offered to research the cost. Council President Pro Tem Dawson inquired whether there was a difference in the cost of the election this November versus next November. Mayor Pro Tem Plunkett pointed out there were no legislative elections next November so the cost may be higher than this year. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM DAWSON, TO EXTEND THIS ITEM FOR TEN MINUTES. MOTION CARRIED UNANIMOUSLY. Mr. Bowman emphasized if the Council directed staff to proceed with a transportation levy, staff would need to develop a package of projects and educate voters about what they would get. Therefore it was highly unlikely a transportation levy could be ready for this November's ballot. Councilmember Marin explained staff made a presentation to the Finance Committee that included 13 options, four of which were presented as possibilities. The Finance Committee only recommended two options, a portion of the revenue from the Olympic View water franchise and a portion of the Esperance annexation. He noted there was likely consensus on the Council for staff to include those two revenue sources in decision packages for the 2005 budget. Edmonds City Council Approved Minutes August 24, 2004 Page 10 Councilmember Wilson suggested eliminating any further discussion regarding REET funds as a funding source for Fund 112, noting the City had made a commitment for the past 20 years to using those funds for park acquisition and development. Councilmember Orvis noted the Finance Committee agreed their recommendations were subject to the needs of the General Fund. He noted if there were no other General Fund crisis, he was willing to use revenues from the two sources as well as a potential tax increase for overlays. With regard to REST 2 funds, he noted the goal of BEET 2 was to provide better connectivity from parks to schools. He agreed with not using REST 2 as a funding source for Fund 112. Mayor Pro Tem Plunkett summarized the Council had identified the following as potential revenue sources: Olympic View franchise fee, Utility taxes, Esperance annexation and transportation levy. Councilmember Moore agreed to eliminate the use of REST funds as a funding source for Fund 112, noting it was not her intention to use those funds for any other purpose. She noted transportation funding was in a crisis statewide. The City had a relatively simple transportation need, roads and walkways, and did not have issues such as light rail, freeway interchanges, etc. She envisioned what voters may have been indicating via the tax -cutting initiatives was that they wanted their taxes to be clear, transparent and dedicated so that the funds could not be shifted. Residents like the concept of REET funds being dedicated to parks and the City also needed a solid funding source for streets and walkways. She agreed with the need for a street utility and she planned to work in the coming year to ensure the legislature authorized cities to implement a street utility. She spoke in favor of a permanent sustainable solution and did not support the use of REST funds for anything other than parks. Councilmember Marin did not favor an increase in the utility taxes as he was opposed to the use of sewer utility taxes for streets. Council President Pro Tem Dawson was opposed to the use of REET funds for other than park uses. She agreed at the retreat the Council asked staff to identify revenue options, however, also at the retreat the Council reaffirmed their commitment to dedicating REET funds for parks. She encouraged the Council to continue to reaffirm that policy, noting the REET fund was established for the purpose of funding parks. Council President Pro Tem Dawson noted no revenue would be available from the Esperance annexation regardless of the Council direction at this point. She remarked that the Olympic View franchise fees were already being collected and the question before the Council was whether to identify those as a dedicated funding source for transportation. She did not favor dedicating the Olympic View franchise fees for transportation due to the disconnect between those funds and the use of the funds. With regard to utility tax increases, she was not prepared to give staff direction absent a public hearing. She agreed a street utility may be an appropriate revenue source to dedicate to street improvements. Councilmember Wilson supported pursuing a transportation levy to allow the voters to decide whether it was appropriate. He also supported pursuing a street utility. With regard to the Olympic View franchise fee, he stated sewer and water pipes were in public rights -of -way , therefore, it was appropriate to use the franchise fees for streets. He noted the same was true for utility taxes because the natural gas and water lines were also located in the City's public rights -of -way, providing a nexus between the tax and improvement. He also supported the use of Esperance annexation funds for Fund 112. Councilmember Wilson further suggested the City actively encourage residents to pursue a LID. He summarized the City needed to identify a long term dedicated funding source for transportation funding. If the City's streets fell into disrepair it was due to the lack of funding to maintain them to the standard the City would prefer. Edmonds City Council Approved Minutes August 24, 2004 Page I I Council President Pro Tem Dawson supported using a portion of the Olympic View franchise, utility tax and Esperance annexation revenue for transportation projects but did not want them dedicated to Fund 112. Councilmember Olson did not support dedicating REST funds to walkway projects. She noted whatever the Council did, they needed to be clear with the public regarding how the revenues would be used. Councilmember Moore thanked audience members for coming and expressing their passion regarding parks, indicating their input was very helpful to the Council. Mayor Pro Tem Plunkett summarized the Council identified the following as potential revenue sources: Olympic View franchise fees, Esperance annexation, utility taxes, transportation levy, and a street utility. He noted the Council would continue to work toward direction and use of those sources in the budget process. He announced Councilmember Moore would be the Council representative on the Mayor's budget committee. Mayor Pro Tem Plunkett declared a brief recess. Councilmember Orvis left the meeting at 9:18 p.m. Compre- 6. DISCUSSION ON THE COMPREHENSIVE PLAN/CRITICAL AREAS UPDATE hensive Plan and critical Planning Manager Rob Chave referred to the information in the Council packet, announcing a workshop Areas Update regarding the Critical Areas update was scheduled for August 25 at 6:00 p.m. He stated the Best Available Science (BAS) report and the preliminary draft regulations were preliminary and staff was still working on refining language, concepts, etc. The reason for making it available in its preliminary form. was staff wanted to ensure the information was available to the public and reviewing agencies as soon as possible. Mr. Chave explained the goal of the Critical Areas Ordinance was to protect portions of a critical area. He explained Edmonds was atypical in that it was 95-96% built out so much of the damage had already been done. The proposed approach includes enhancement of critical areas and buffers while still allowing infill development, additions, etc. to occur. He noted State standards and BAS included large buffers; the City's proposed approach was to recognize the buffers and via the goal of enhancing buffers and improving the function of critical areas, be flexible in what occurred in the buffer. He pointed out the regulations did not require staying entirely out of the buffer, in many areas the buffer was already disturbed. Development activity would be allowed to occur in disturbed areas with enhancement of the remaining buffer. Mr. Chave displayed and reviewed a drawing that illustrated the buffer concept. He described the increased buffer and the area where enhancement would occur. He further described the potential for buffer averaging. With regard to the Downtown Plan, Mr. Chave explained the Planning Board would have information available at the workshop and are continuing their review of historical and economic data with regard to downtown development. He displayed a bar graph illustrating historical development in downtown and a scatter plot of floor area ratio (FAR) per projects by year in the BC zone. He explained the Planning Board will be considering pedestrian scale and applying a human scale height to width ratio to downtown Edmonds. He noted preliminary ideas were available via the City's website and would be available at the workshop but a great deal of work remained. Mr. Chave anticipated the Planning Board's public hearing would occur in late September/early October, with the public hearings on the Critical Areas Ordinance first, followed by the public hearings on Hwy. 99 and the Downtown Plan. Edmonds City Council Approved Minutes August 24, 2004 Page 12 Councilmember Olson relayed a concern from a resident that additional reports would be required in geologically hazardous areas including testing on adjacent properties. Mr. Chave responded that the new regulations asked residents to do some study off their site; however, if they were not able to obtain access, it was not required. He noted the LIDAR topographical imaging would provide a great deal of information with regard to slopes and streams. Councilmember Wilson asked whether any analysis had been done on the impact the proposed change in the buffer for wetland and streams would have on the developable lands. Mr. Chave advised that analysis was being completed now. He envisioned if the proposal regarding buffers was adopted, there would be little reduction in capacity but improved function of critical areas. Councilmember Wilson referred to the scatter plot regarding FAR, noting the code allowed a 3:1 FAR but actual development was less. He asked whether the less than allowed FAR was due to the requirement for onsite parking. Mr. Chave advised neither parking garages nor surface parking were counted in floor area. 7. MAYOR'S COMMENTS Mayor Pro Tem Plunkett had no report. 8. INDIVIDUAL COUNCIL REPORTS ON OUTSIDE COMMITTEE/ BOARD MEETINGS Councilmember Wilson reported the Snohomish County Tomorrow meeting was cancelled again and this Snohomish county committee had not met in the last three months other than a brief meeting to vote on one item. He Tomorrow expressed concern with the direction of Snohomish County Tomorrow and the potential need to identify other ways for the City to be represented in Snohomish County. xighway y9 Councilmember Marin reported the Hwy. 99 Task Force reviewed the second draft of the Burke report Task ponce which should be finalized in the next few weeks. He noted Burke was an urban economic firm who were asked to review the report by Maker and preliminarily concurred with the findings in the Maker's report including that an excess of $850,000 per year could be collected by the City in additional revenue via development on Hwy. 99. The Task Force recommended four versions of zoning corresponding to the four different nodes proposed by Maker and the Burke report did not disagree with the zoning recommendations. Both reports indicate the primary hindrance on Hwy. 99 is access to businesses. He noted Congressman Inslee has offered to assist and the Task Force plans to meet with Community Transit and the Traffic Engineer to explore the potential for additional traffic signals on Hwy. 99 to enhance the usability of property. Councilmember Marin noted a key point that occurred in the Task Force's deliberation and was reiterated in the Burke report was the need to strive for quality in the development of Hwy. 99 as well as a good interface between development and nearby neighborhoods. snocom Council President Pro Tem. Dawson reported the Council approved the Interlocal Agreement with. SnoCom on the Consent Agenda. She noted the Board approved moving forward with a CAD project which would provide improved dispatching services to South Snohomish County. Further, the proposed SnoCom budget did not include an increase in assessments for 2005. Executives Council President Pro Tem Dawson reported on a meeting with the Executives Law and Justice Task Law and p g Justice Task Force that Police Chief David Stern and she attended. The goal of the task force is to identify ways to Force work cooperatively, particularly with Snohomish County, on criminal justice issues. Edmonds City Council Approved Minutes August 24, 2004 Page 13 V Council President Pro Tem Dawson, President of the Snohomish County Chapter of Washington La ers re orted Washin on Women La ers and the Snohomish Coun Bar Association will be � � 11 � �hosting a forum for Attorney General candidates on September 9 at the Howard Johnson Hotel in Everett. Community Councilmember Olson encouraged the public to attend the fifth Tuesday meeting on August 31; one of Outreach the focuses of the meeting will be what type of economic development residents want to see occur in Meeting — 8/31 Edmonds. xcused bsences C 0 COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER MARIN, TO EXCUSE COUNCILMEMBER ORVIS FROM THE AUGUST 17 COUNCIL MEETING. MOTION CARRIED UNANIMOUSLY. (Councilmember Orvis was not present for the vote.) COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM DAWSON, TO EXCUSE COUNCILMEMBER MOORE AND MAYOR PRO TEM PLUNKETT FROM THE AUGUST 17 MEETING. MOTION CARRIED UNANIMOUSLY. (Councilmember Orvis was not present for the vote.) With no further business, the Council meeting was adjourned at 9:54 p.m. G Y H ENSON, MAYOR A�-....- Z. L' O'� SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes August 24, 2004 Page 14 AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 511 Avenue North 7:00 - 10:00 p.m. AUGUST 24, 2004 7:00 p.m. - Call to Order Flan Salute 1. Approval of Agenda 2. Consent Agenda Items (A) Roll Call (B) Approval of City Council Meeting Minutes of August 17, 2004. (C) Approval of claim checks #73366 through #73519 for the week of August 16, 2004, in the amount of $191,736.23. Approval of payroll direct deposits and checks #38938 through #39083 for the pay period August 1 through August 15, 2004, in the amount of $1,008,003.63.* *Claims information may be viewed electronically at www.ci.edmonds.wa.us. (D) Acknowledge receipt of Claim for Damages from David Sanford (amount undetermined), and Carolyn Jensen ($355.00). (E) City Council approval of the updated SNOCOM Interlocal Agreement. (F) Proposed Ordinance amending Edmonds Community Development Code Section 20.60.005 relating to the definition of Construction Signs, Section 20.60.010A, Permit Required, and adding Section 20.60.070, Construction Signs, all in order to replace inadvertently deleted provisions relating to a definition and regulations for construction signs. (G) Proposed Ordinance amending the provisions of ECDC 17.40.020 Non - Conforming Buildings Section (C) Historic Buildings, to include a reference to the City's Historic Register. 3. (15 Min.) Presentation by Snohomish County Health District regarding tobacco prevention and control. Page 1 of 2 1 CITY COUNCIL MEETING AGENDA AUGUST 24, 2004 Page 2 of 2 4. Audience Comments (3 Minute Limit Per Person)* ''Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings. 5. (45 Min.) Discussion regarding Fund 112 (Transportation Capital) funding sources. 6. (60 Min.) Discussion on the Comprehensive Plan/Critical Areas Update. 7. ( 5 Min.) Mayor's Comments 8. (15 Min.) Individual Council reports on outside committee/board meetings. ADJOURN °arking and meeting rooms are accessible for persons with disabilities. Please contact the City Clerk a '425) 771-0245 with 24 hours advance notice for special accommodations. The Council Agenda as well as lelayed telecast of the meeting appears on cable television Government Access Channel 21.