Loading...
07/20/1999 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES JULY 209 1999 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Barbara Fahey in the Library Plaza Room, 650 Main Street, followed by the flag salute. ELECTED OFFICIALS PRESENT Barbara Fahey, Mayor Gary Haakenson, Council President Dave Earling, Councilmember John Nordquist, Councilmember Michael Plunkett, Councilmember Jim White, Councilmember Dick Van Hollebeke, Councilmember Thomas A. Miller, Councilmember ALSO PRESENT Christie Lee, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Robin Hickok, Police Chief Paul Mar, Community Services Director James Walker, City Engineer Stephen Koho, Wastewater Treatment Plant Mgr Steve Bullock, Senior Planner Scott Snyder, City Attorney Sandy Chase, City Clerk Jeannie Dines, Recorder Mayor Fahey requested the order of Items 7 and 8 be reversed and the Executive Session regarding a legal matter (currently Agenda Item 13) be added between Items 7 and 8. She requested an additional 15 minute Executive Session be scheduled at the end of the agenda to address a personnel issue. COUNCIL PRESIDENT HAAKENSON MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO REVERSE THE ORDER OF ITEMS 7 AND 8, PLACE THE EXECUTIVE SESSION REGARDING A LEGAL MATTER AS ITEM 7A, AND TO ADD A 15 MINUTE EXECUTIVE SESSION REGARDING A PERSONNEL ISSUE AT THE END OF THE AGENDA. MOTION CARRIED. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR APPROVAL OF THE AGENDA AS MODIFIED. MOTION CARRIED. 2. CONSENT AGENDA ITEMS Council President Haakenson requested Item B be removed from the Consent Agenda. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR APPROVAL OF THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED. The agenda items approved are as follows: (A) ROLL CALL Edmonds City Council Approved Minutes July 20, 1999 Page I 1 prove (C) APPROVAL OF CLAIM WARRANTS #34162 THROUGH #34577 FOR THE WEEK OF im JULY 5,1999, IN THE AMOUNT OF $301,042.31 ants aims for (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM KIM BAYER Damages ($1,500), AND STEVE ALLISON ($1,838.65) Update on Highway 99 (E) UPDATE ON HIGHWAY 99 PROJECT 800 MHz I (F) AUTHORIZATION TO PURCHASE 800 MHz PORTABLE RADIOS FOR FIRE Radios I DEPARTMENT Surplus Esc. Equi (G) AUTHORIZATION TO SURPLUS MISCELLANEOUS FIRE DEPARTMENT p. EQUIPMENT Purchase for (H) AUTHORIZATION TO PURCHASE TWO MOTORS AND CONTROLLERS FOR THE WWTP TREATMENT PLANT FROM ARGO INTERNATIONAL CORPORATION FOR $8,001 Approve Item B: Approval of City Council Meeting Minutes of July 13,1999 113/99 Council President Haakenson advised he would abstain from the vote on this item as he was absent from Minutes the July 13 Council meeting. COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, FOR APPROVAL OF CONSENT AGENDA ITEM B. MOTION CARRIED, COUNCIL PRESIDENT HAAKENSON ABSTAINED FROM THE VOTE. The item approved is as follows: (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF JULY 13, 1999 resentation 3. PRESENTATION OF OUTSTANDING TREATMENT PLANT AWARD TO THE CITY OF of Award to EDMONDS BY THE STATE DEPARTMENT OF ECOLOGY WTP 0 John Glen, State Department of Ecology, explained each year the Department of Ecology examines the performance of treatment plants throughout the state and issues awards to facilities that meet all the effluents specified in the permit issued to the treatment plant. Edmonds met every limit specified in the permit throughout the entire year. He explained the permit issued to Edmonds requires the treatment plant to meet specific limits (not to exceed those limits) and these limits must be tested over 1,000 times per year. When the limits were established by EPA, they were established at a 95% confidence limit, expecting that each plant would not meet the limits 5% of the time. The fact that Edmonds has met the specifications 100% of the time with 1,000 data points is an extraordinary accomplishment. He thanked the Mayor and Council for the support they provide to the Wastewater Treatment Plant and its employees. He recognized the employees of the treatment plant for operating the plant this efficiently, effectively, and reliably. He presented the Outstanding Treatment Plant Award to Mayor Fahey. Mayor Fahey commented that cities are frequently asked to consider utilizing private sector providers in their treatment plants. Edmonds has considered this and consistently determined the City can do a better job for less money, which this award demonstrates. She pointed out the treatment plant, a regional facility, is one of the finest in the nation. She requested Treatment Plant Manager Stephen Koho join her to accept the award, noting under his direction, the treatment plant has excelled beyond all expectations. Edmonds City Council Approved Minutes July 20, 1999 Page 2 She thanked him and his employees for their extraordinary efforts. The Council thanked Mr. Glen and congratulated Mr. Koho. PH ROW 4. PUBLIC HEARING ON A REQUEST TO VACATE A PORTION OF THE 216TH STREET acation SOUTHWEST RIGHT -OF -WAY IMMEDIATELY EAST OF 84TH AVENUE WEST (Applicant: T -99 -25 Edmonds School District / File No ST -99 -25) Senior Planner Steve Bullock referred to a vicinity map of the Chase Lake Elementary School (Exhibit 1), pointing out the area the school district has requested be vacated, and the current location of the school driveway. North of the portion being requested to be vacated is a lot the school district purchased during the last year. He referred to the site plan (Exhibit 5) which demonstrates the school district's proposal for the school property as well as the portion they are requesting be vacated. One of the purposes for acquiring the property to the north as well as requesting this vacation is both buses and vehicular traffic currently use the same entrance, which results in conflicts between buses and parents dropping off /picking up students. The proposed plan is a separate driveway for buses and a second driveway further south for walk -up traffic as well as parent's vehicles resulting in a site that functions in a safer manner. Mr. Bullock explained the requested vacation is a dead -end piece of property that is completely surrounded by school district property. The Engineering Department requested easements be established to accommodate any public utilities that may need to be installed in that area but no other need for the right -of -way has been determined. He said portions of the right -of -way have been vacated in the past. Councilmember Miller requested clarification of the fair market value for the property. Mr. Bullock answered the appraiser indicated the fair market value estimate of the school property without a street vacation was $1,237,500. The fair market value estimate of the school property with a street vacation should be $1,239,750 (rather than $1,235,250), a difference of $2,250. Councilmember Van Hollebeke said he did not question the logic of the vacation request but wanted citizens to receive the best value for the property. He referred to the second paragraph. on page 19 of the appraiser's report which states the estimated value of a lot in this area is $22,500, a square footage value of $2.81 or $12,645 for the 4,500 square feet of the area to be vacated. He referred to the last paragraph on page 19 of the appraiser's report, which states the value of the proposed street vacation to the whole property is 10% of the value of one raw lot or 10% .of $22,500 ($2,250). He questioned how the appraiser went from a square footage value to a 10% estimate of the value of a lot. Mr. Bullock suggested this question be directed to the applicant. Mayor Fahey explained this is a legislative matter and not quasi judicial. She described the time limits for each participant. Applicant Rick McCartell, Senior Associate, Shockey Brent, 2924 Colby, Everett, (making the vacation request on behalf of the school district), said this is a key piece of property for the school district to acquire due to its location and importance for using the site efficiently. Regarding the questions about the assessed value, the figures provided on the first two pages of the appraiser's report indicate the fair market value estimate without the street vacation is $1,237,500 and the fair market value estimate with the vacation is $1,239,750, the difference being $2,250. Regarding the analysis on page 19 of the appraiser's report (ihe issue raised by Councilmember Van Hollebeke) the value of an undeveloped lot being $22,500 and since the area to be vacated represents approximately 10% of a lot, the figure of $2,250 was developed. Edmonds City Council Approved Minutes July 20, 1999 Page 3 Councilmember Earling pointed out the comparable sales were properties east of Highway 99. Without photographs of those comparable sales, he said it was difficult to accept them as comparables. He also, questioned the value of a lot in Edmonds being $22,500. He felt it would be valuable to discuss this with the appraiser. City Attorney Scott Snyder referred to page 17 of the appraiser's report which indicates the subject's neighborhood would yield a slightly higher finished lot price than the sale, and concluded a buyer /developer would pay $32,500 /raw lot for the subject lot. However on page 19 of the appraiser's report, the value is reduced to $22,500 without further explanation. He suggested the Council consider continuing this hearing to allow the appraiser an opportunity to explain the difference. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER MILLER, TO CONTINUE THE PUBLIC HEARING ON A REQUEST TO VACATE A PORTION OF THE 216TH STREET SOUTHWEST RIGHT -OF -WAY (IMMEDIATELY EAST OF 84TH AVENUE WEST) TO AUGUST 3 FOR THE PURPOSE OF GATHERING ADDITIONAL INFORMATION REGARDING THE VALUE OF THE PROPERTY. THE COUNCIL WILL ALSO ACCEPT TESTIMONY FROM CITIZENS WHO CHOOSE TO SPEAK ON THE ISSUE TONIGHT. MOTION CARRIED. Mayor Fahey opened the public participation portion of the hearing. Bob Ervine, 21708 82nd Avenue W, Edmonds, asked where the access to the new school will be if the access on 2161 is eliminated. Regarding the valuation of the properties surrounding the schools, he said properties he was familiar with were valued from $48,000 to $68,000 per lot. However, the appraiser's report indicates values are drastically less. Hearing no further comment, Mayor Fahey closed the public participation portion of the hearing. Mr. Bullock referred to Exhibit 5, the proposed site plan, explaining the entrance on the north side of the property along 84' will be the bus entrance. Buses will exit onto 215t'. The entrance on the south side of the property on 84th will be the parent drive -up /drop off entrance. 5. AUDIENCE COMMENTS Ray Albano, 20916 76'h Avenue, Edmonds, commented regarding parliamentary procedure at the July 6 Proc dure meeting, stating that Councilmember Plunkett's addition to Councilmember White's motion regarding City Park (July 6) should have been handled via an amendment to Councilmember White's motion. On Mayoral andidates another matter, Mr. Albano stated he was pleased there were two mayoral candidates and four council candidates. He thanked Councilmember Van Hollebeke for his service to the City. He expressed arking frustration with the handling of the parking garage, noting the only way such a project could be financed Varage would be via an LID. He recommended the City not institute a tax on garbage, noting water and sewer Review of rates have already been raised and he did not want any more taxes. He stated his intent to ask the next Police Dept mayor for an independent review committee on the police department. FKevin Clarke, 23924 107`" Place W, Edmonds, expressed concert, regarding the impact the development in Woodway would have on his home. He was surprised the fire officials have not recognized that when the tank farm was built, emergency access was provided from the west through Woodway and there was never emergency ingress /egress from the east. He said behind his home is a 20 Edmonds City Council Approved Minutes July 20, 1999 Page 4 foot strip of land running east -west and the easterly portion is an emergency access for 106' Place West. He said the developers of Woodway Highlands have considered the emergency access as a continuation east to west to their property line. Emergency vehicle access could not be provided due to debris and the barb wire /chain link fence separating the properties. Mr. Clarke stated that his home was built on a rainage wetland and as a result, his .front and back yards have flooded. He recalled the City vacated 237`h to Problem create drainage for surface water. He requested assistance with the drainage problem that occurs behind his home, noting there currently is a drainage facility that is accessed via an easement across his property. He requested the Fire Marshal consider how a fire truck could use the 20 -foot roadway. He said asphalting the, 20-foot roadway would create a non - drainable surface that would increase surface water in his backyard. arena Joe Dray, 20317 Pioneer Way, Edmonds, thanked the Mayor and Council for their attention and eacb Park concern to the issue he raised approximately six weeks ago regarding dogs in Marina Beach Park. He said since then signs have been added to alert visitors that dogs are not permitted in the park and indicating where the dog area is. A ranger has also been added on busier weekend days. He said his experience on a recent visit to the park was very different. He thanked the City for their prompt, appropriate response. velopment Lora Petso, 10616 237 " Place SW, Edmonds, referred to her May 10, 1999 letter that suggested in Woodway Woodway be required to use its own paved, existing secondary access to the property as the emergency access. This access through the Twin Maples development in Woodway is already paved to the property line. This solution would leave Edmonds with minimal traffic impacts from the development and maintain easy access to the existing drainage facilities at the end of 237' and the end of the fire line. She said her May 10 letter also includes a map identifying the location of the existing paved emergency access. She reiterated the use of the existing, paved emergency access would keep the impacts of Woodway's development in their town. She provided a copy of her May 10, 1999 letter to the City Clerk. Development Jan Robertson; 10523 240`h Place SW, Edmonds, said they were told there was a good chance there in Woodway would not be a pedestrian walkway from Woodway through the fire line. She said residents in the area do not want 105 families to have access to their private back alley. However, they were told today by a Woodway Engineer that the permits have been acquired and a walkway will be provided. velopment Marcia Fisher, 10503 240 " Place SW, Edmonds, recalled residents were assured by Mayor Fahey and in Woodway the City Attorney at a meeting in May that there were no plans to make any changes to the emergency access. However, they have been told that the City Engineer has signed an agreement to open this to a walkway and bikeway. She expressed concern the walkway could be utilized by motorcycles. She requested further consideration be given to the decision to open the emergency access as a walkway due to the potential to increase traffic. ity Park Syd Locke, 110 Pine, Edmonds, recalled two weeks ago the Council delayed the paving of City Park, a Improvement move he felt was very prudent. As it may take time to address this issue, he suggested the removal of the maintenance building and associated traffic from the park be accelerated. ID-velopmen t Mayor Fahey asked if the City has taken any action regarding the pathway proposal referred to by the in Woodway members of the audience. City Engineer Jim Walker answered a right -of -way permit has been issued for paving the alley that serves as a fire access into the plat in Woodway. Mayor Fahey asked if a pedestrian pathway has been approved. Mr. Walker answered no. Mayor Fahey observed the purpose of paving the Edmonds City Council Approved Minutes July 20, 1999 Page 5 road was to provide a better surface for emergency access. Mr. Walker advised the fire access was constructed to the Fire Marshal's desires. He said there will be a 16 -foot wide gate in the City of Edmonds, centered in the roadway. Mayor Fahey asked if motorcycles/bicycles could use the roadway. Mr. Walker answered not motorcycles or bicycles, but it is possible pedestrians could pass between the post and the adjoining fences but they could be barricaded if necessary. Council President Haakenson asked whether the City will connect the posts to the existing chain link fence when the two 8 -foot gates are installed to provide emergency access. Mr. Walker said that is not shown on the plans. If the Council wishes, it would be a minor project to connect the gate to the existing fence. Council President Haakenson said at least three Councilmeinbers have visited the site and residents have indicated they do not want pedestrian access to the emergency access road. It was his understanding the plans would indicate pedestrian access would not be allowed. City Attorney Scott Snyder clarified this is nothing more than an emergency access, it cannot be a walkway until the Edmonds Council approves a Comprehensive Plan amendment to add the fire lane to the City's Walkway Plan. He reiterated the speakers should be addressing the Planning Board during discussions of the Walkway Plan. Either direction from the Mayor or an ordinance passed by the Council could direct closure of the emergency access to pedestrian traffic. Council President Haakenson asked what the developer of Woodway Highlands has been asked to do with regard to drainage. Mr. Walker answered the developer is installing an additional drainage system to compensate for the road surface in accordance with the DOE manual. Mayor Fahey asked why the roadway is being upgraded. Mr. Walker answered the Fire Marshal directed it meet standards if it is intended to be used as an emergency access road (16 feet of improved area and a 2 -foot clear zone). He said the Uniform Fire Code requires a 20 -foot access for any location where fire access will occur. Mayor Fahey offered to issue a directive to barricade access with chain link fence to prevent pedestrian access. Councilmember Nordquist referred to a letter he provided staff regarding easements on the roadway, pointing out his concern with an Olympic View Water District water line in the center of the roadway that is not very deep and how it would be impacted by the weight of fire trucks. He questioned if Olympic View Water District was asked the depth of the water line. Mr. Walker said the history of how the road was transferred is unknown. It was viewed as a right -of -way when Woodway Meadows was developed; therefore, staff has proceeded as though it is a street right -of -way. Regarding the Olympic View Water District water main, he said it was installed at a normal depth with the assumption this would be used as a fire lane. Mayor Fahey indicated she will provide a full report on this matter at the next Council meeting. Councilmember Earling asked if the additional drainage being installed by the developer would have any impact on Mr. Clarke's backyard. Mr. Walker answered it would have no effect. Mr. Snyder said the City's right -of -way permit requires the developer to indemnify the City for any damage caused by any improvement. Mr. Walker agreed. Mr. Snyder explained recent Supreme Court cases provide when a developer builds improvements, particularly with regard to diversion or retention Edmonds City Council Approved Minutes July 20, 1999 Page 6 of water on City property, the City becomes liable for it and that is the reason the indemnity provision is included in the City's right -of -way use permit. 6. REPORT ON CHAMBERS CABLE Report on Jack Gradwohl, Area Manager, Chambers Cable, 190 West Dayton Street, Ste, 201, Edmonds, Chambers advised they have completed the project. He explained Edmonds now has the most advanced cable Cable system anywhere on the west coast with 750 MHz bandwidth with true Video -on- Demand. They are now resolving internal wiring problems with individual customers. Next will be the wreck -out of the old cable system, which will take approximately ten weeks. They have removed approximately 1.5 miles of the 200 miles. Crews will be in the right -of -way physically removing the old cable system. He distributed copies of their rate sheet and the new channel line up. Mr. Gradwohl said a converter unit will now be introduced to customers who choose to subscribe to digital services which will allow customers to receive 13 additional digital channels, 40 channels of CD quality music, additional HBO /SHO products for customers to subscribe to HBO or SHO, and access to Video -on- Demand. He clarified analog service does not require a converter box. He said they continue to consider cable modems. Councilmember White reported neither he nor the other residents of his street have been hooked up to the new system. Mr. Gradwohl agreed to determine the problem. For Councilmember Miller, Mr. Gradwohl explained channels 24 and 45 are new must -carry channels required to be reserved for those broadcasters. The equipment recently received from the manufacturer for channel 45 was defective and is being replaced. Channel 24 has just completed their tower and will begin to broadcast. Channels 46, 47, 48, 49, and 72 are Public Education and Government (PEG) channels that were required via the franchise agreement. Preliminary discussions have been held with Community Services Director Paul Mar regarding the process to activate these channels. Councilmember Miller asked if TV Washington, channel 64, was operational. Mr. Gradwohl answered TVW, channel 64, requires a fiber connection to Edmonds Community College which is currently under construction. Councilmember Miller asked when channels 24, 45, and TVW would be operational. Mr. Gradwohl said channel 24 and 45 should be operational in a couple of weeks. They just received the right -of -way permit from Edmonds for construction in the right -of -way for the fiber portion. Councilmember Miller asked if there was any rebate for not providing all the channels. Mr. Gradwohl answered the PEG channels are not included in their rate formula. Councilmember Miller asked if all satellite channels were operational. Mr. Gradwohl answered yes. Council President Haakenson said in speaking with a cable provided in another City, he learned of a product/service entitled Lifeline. Mr. Gradwohl responded that a local cable provider can choose to offer Lifeline which provides a minimum level of service such as broadcast channels (local channels 4, 5, 7, 9, 11, 12, & 13), PEG, and a learning channel or shopping channel. He said Chambers Cable has chosen not to provide this product. Mayor Fahey observed the Council meetings are now airing on channel 46. She asked what was necessary to have Council meetings aired in the evening. Mr. Gradwohl answered the PEG channels have been provided to the City; if the City wants to program channel 46 to show Council meetings in the Edmonds City Council Approved Minutes July 20, 1999 Page 7 evening, that is the City's decision. The City decides how to program its government access channel. Mr. Gradwohl said the Council meetings are now aired on an existing channel. Council President Haakenson asked if Chambers Cable intended to add Lifeline service in the future. Mr. Gradwohl answered no. Council President Haakenson asked if there had been any requests for this service. Mr. Gradwohl answered yes, primarily due to the price. He reiterated Chambers Cable has instituted the Cable Assistance Program which maintains the rate at $24.70 (if a resident qualifies for the Telephone Assistance Program) and guarantees that rate through October 2000. Mayor Fahey said a resident recently indicated to her that they were not hooked up and had not received a response to numerous inquiries to Chambers Cable. Mr. Gradwohl advised they respond to calls on a daily basis. He explained many inquires require only customer education to ensure their service has been switched. He said they are now going street by street to ensure all customers are hooked up. 7. REPORT ON PUBLIC SAFETY CONSTRUCTION PROJECT eport on Community Services Director Paul Mar recalled at the June 22 meeting, Council inquired about the ublicSafety anticipated occupancy date for the Public Safety project. He said following a full review of the work roiect plan, it has been determined for a variety of reasons some subcontractor tasks were not fully coordinated with the overall project time lines, particularly related to the police and courts portion of the project. In addition, there are several events that caused delays to the project including a delay at the beginning of the project due to abandoned fuel tanks and other unknown site conditions. At that time, the contractor informed the City there would be a 6 -8 week delay in the completion date. Over the past four months, staff has worked closely with the design team, the architectural team, and the contractor to determine the impact of these delays and the anticipated completion date. Two weeks ago a revised schedule for completion of the project was provided. It is clear from looking at the schedule and its impacts that the City and the contractor disagree on the reason for the delay, some contract administration issues and how the delays impact the completion date. Based on the information provided July 9, the public safety complex could be completed and ready for occupancy by mid - January 2000. The schedule indicates the fire station portion could be completed by the end of July 1999, the courts portion completed by the end of November, and the police portion by mid - January. In a number of visits to the site and conversations with the contractor and architect, City staff and the architects (Merritt+Pardini) do not reach the same conclusion regarding completion of the project. Staffs position is the project could possibly be completed before year -end 1999. Mr. Mar explained that in September 1996, the City entered into a design contract with Merritt+Pardini to develop the design and contract documents for the Public Safety project, to provide documents for contract bidding, prepare the construction contract for the successful low bidder subsequent to the bidding process, and provide oversight and coordination during construction of the project. In early 1998, the City awarded the construction contract to Columbia Pacific, the lowest responsive bidder, in accordance with the state's contracting rules. Over the past few months, staff, the architectural team, and the contractor have verbally committed to work cooperatively and expeditiously to resolve any critical issues to ensure a timely completion of the project. They have committed to daily monitoring on the site to discuss issues, and construction meetings are used as a forum to provide updates. He said 2rh weeks ago, the contractor brought in another superintendent on the site. Some of the coordination and cooperation is working at this time but an updated schedule has not yet been provided. Edmonds City Council Approved Minutes July 20, 1999 Page 8 In response to a request from Councilmember Nordquist regarding change orders, he advised all change orders are issued through Columbia Pacific and Construction Engineer Mike Linn authorizes all change orders. Councilmember Nordquist stated a June 22 memo indicated change orders totaled $344,000. However, on July 6, the change orders decreased to $312,000. Mr. Mar explained the difference is what is authorized and what has been paid. He said change orders are authorized when all parties agree there is a change order; it is only paid once the work in the change order has been completed. For Councilmember Van Hollebeke, Mr. Mar said the plan is to move all police and fire functions into the building at one time due to the emergency communication system that must be transferred. It would be most expeditious and functional to move both at one time. In view of weekly meetings held throughout the project, Councilmember Van Hollebeke expressed concern with the project being significantly off - schedule. 7A. EXECUTIVE SESSION - LEGAL ISSUE At 8:30 p.m., Mayor Fahey recessed the Council to Executive Session for discussion of a legal issue regarding a personnel matter not to exceed 30 minutes. She advised the Executive Session now scheduled as Item 13 would be to address a legal matter regarding a personnel issue. At 9:00 p.m., Council President Haakenson announced the Executive Session would be extended 1.0 minutes. At 9:10 p.m., City Clerk Sandy Chase announced the Council would take a brief recess prior to reconvening. The meeting was reconvened at 9:17 p.m. 8. DISCUSSION REGARDING US CROSSING FRANCHISE - INTRODUCTION OF PROPOSED ORDINANCE GRANTING TO US CROSSING INC., A NON - EXCLUSIVE FRANCHISE TO INSTALL, OPERATE AND MAINTAIN A MULTIPLE CONDUIT FIBER OPTIC TELECOMMUNICATIONS SYSTEM IN, ON, OVER, UPON, ALONG, AND ACROSS CERTAIN DESIGNATED PUBLIC RIGHTS -OF -WAY OF THE CITY OF EDMONDS, WASHINGTON, PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS, AND CONDITIONS WITH RESPECT THERETO, AND ESTABLISHING AN EFFECTIVE DATE SCrossing City Engineer Jim Walker explained this project is a conduit being run from Seattle to Mukilteo. This is Franchise not typical of other utilities in that they are not providing service to the City and the City Attorney has advised they cannot be charged any tax or fee for their operation. They are providing fairly significant compensation via a conduit for the City's use for signal interconnection for the Highway 99 corridor in addition to the conduit they install for their use on Highway 99. He said the conduit would potentially need to be installed by the City at a cost of several hundred thousand dollars. He said this is a non- exclusive easement and a similar type easement could be granted to other entities. City Attorney Scott Snyder explained one of the key provisions in the agreement addressed indemnity to ensure the City was protected from anything that went wrong. He explained fiber optic in the right -of- way is very expensive to repair if damaged. Edmonds City Council Approved Minutes July 20, 1999 Page 9 Councilmember Van Hollebeke asked if this agreement was only for conduit on Highway 99 and if conduit was desired elsewhere, whether another process would be required. Mr. Walker said that was the intent and the agreement indicates "in accordance with approved plans," which are currently only for Highway 99. Mr. Snyder said any changes would require re- negotiation. Mayor Fahey asked how fiber optics would benefit the City. Mr. Walker said US Crossing, Inc. will place empty conduit in the Highway 99 right -of -way prior to running their fiber optics cable, which will include an additional empty conduit that will be available for use by municipalities. The City could utilize the conduit for signal interconnect. Councilmember Nordquist asked if the conduit would be installed when Highway 99 is torn up. Mr. Walker answered their intent is to begin immediately. The conduit will be installed in the center of the roadway in an area where it is not likely to be impacted by other construction. Councilmember White referred to the indemnification provisions in paragraph F on page 10 and asked what the City was indemnified against since sole negligence or willful or malicious action was excluded. Mr. Walker answered it would indemnify against accident conditions that were not a result of the City's action such as damage caused by a water main rupture. Mr. Snyder said the agreement includes standard indemnification provisions. 9. REPORT ON WASHINGTON STATE POLICE CORPS PROGRAM eport on Police Chief Robin Hickok explained this proposal was presented to the Public Safety Committee last A State week who requested it be presented to the full Council. He explained this is a win -win situation for the lice s City and the officers involved. The State Training Academy asked for the loan of one officer for up to three years to partake in the Police Corps Academy, a federally funded program that encourages community- oriented policing as well as encourages Police Departments to hire more highly qualified applicants. He explained Police Departments willing to sponsor Police Corp Academy recruits are compensated via full funding of the 720 hour course from the federal government, and the federal government pays the City $10,000 per year for the first four years an individual is employed. Chief Hickok said when he was asked to provide an officer, the.City had not yet applied for the Police Corps Program but was told the City had a good chance of receiving one of the recruits if the City applied. He said the City competed against 20 other departments for an opportunity to interview applicants and will get first choice of the top applicants. He said the Civil Service Commission approved this item and the City Attorney will draft an ordinance allowing a third Civil Service list (new hires, lateral hires, and Police Corps). The salary benefits, and vehicle (if the City provides one) for the officer who participates in the three year training will be paid by the State. He acknowledged there would be a gap between the time the officer leaves and another officer is hired. Chief Hickok explained the only risk is the person selected has not been backgrounded and the City is limited in the questions it can ask. If for some reason the City does not accept the officer due to his background, the City does not get the $10,000 per year. Councilmember Van Hollebeke asked if the Police Corps did a background check. Chief Hickok said two days of testing (fitness and written) are conducted. prior to the interview process. Councilmember Van Hollebeke observed when Sgt. Machado returns, the City must rely on attrition to fit him back into the department. He asked whether it was likely there would be a space for him at that time? Chief Hickok answered if there was not an opening upon his return, the City may have to fund an additional Edmonds City Council Approved Minutes July 20, 1999 Page 10 officer for six months. However, there are a number of officers considering retirement within the next three years. Councilmember Plunkett pointed out that the City is losing an experienced officer in exchange for one with little experience. Chief Hickok agreed. He stated that all personnel will be participating in the 720 hour training academy within a year or two. He said when the City has an officer participating in the state training, it is easier to get other officers into classes. Mayor Fahey commented that if I -695 passes, there will be a significant drop in revenue for the criminal justice department. She asked how extensively this will impact the Police Department's budget and whether it was possible the City would 'need to consider freezing new hires. Chief Hickok said the potential loss to Edmonds is $300,000 to $400,000; the funds would then need to come from the General Fund. He said the opportunity to receive $40,000 from the federal government is also a consideration. Mayor Fahey asked when the City must make a decision to hire a Police Corps candidate. Chief Hickok answered the interview process is next week. Mayor Fahey observed the City must commit to hiring this person before the outcome of I -695 is known. Chief Hickok pointed out this person would not impact the next three years' budgets as Sgt. Machado's salary would be used as an offset. 10. REPORT ON COUNCIL COMMITTEE MEETINGS Public Safety arking Councilmember Plunkett reported the committee discussed the proposed parking impound ordinance. As mpound Ord a result of Councilmember White's concern with the language contained in the ordinance, the committee requested it be reviewed again by the City Attorney. A discussion on the Washington State Police Corps soo MHz adios Program followed. Acting Chief Taylor provided documentation related to the SnoCom plan to add 800 MHz radios now, enabling the City to communicate on mutual aid responses with King County agencies. Acting Chief Taylor recommended the radios be funded out of the Fire Department's operating budget, urplusMisc which is currently under budget. This was approved on the Consent Agenda. The committee reviewed quipment authorization to surplus miscellaneous Fire Department equipment, which was approved on the Consent Agenda. imited Community Services/Development Services isplay Ord. Councilmember Van Hollebeke described the committee's review of the draft ordinance dealing with limited display of seasonal items, which the City's current ordinance does not allow. The committee also discussed outdoor activities allowed in the BC zone. It was agreed to change the draft ordinance on seasonal uses to allow up to a 45 -day single use and allow a total of 90 days for all seasonal uses in a calendar year. The ordinance will be presented to the full Council for consideration at a later date. A discussion of street use /right -of -way encroachment permits followed and the committee recommended riveway & the ordinance be forwarded to Council on the consent agenda once corrections are made. The committee urb Cut ents discussed amending driveway and curb cut requirements and directed staff to revise the proposed Re mrem ordinance and bring it back to the committee for discussion at next month's meeting. With regard to the proposed ordinance amending driveway and curb cut requirements, Mayor Fahey recalled the information provided by the Council indicated staff would have a certain amount of latitude to make decisions regarding ingress /egress on a project. She recalled the Council did not intend to make the ordinance this restrictive but the language in the ordinance did not indicate that. Finance Committee vela on Councilmember Earling stated that City Engineer Jim Walker presented a report on funded and unfunded Projects overlay projects. The committee reviewed the list and asked staff to prioritize the list from worst to best Edmonds City Council Approved Minutes July 20, 1999 Page 11 in $100,000 increments for the next Finance Committee meeting. Staff will also provide information on the Edmonds school district walkway program. An update on the General Fund was provided which neralp indicated there will be an ending cash balance of approximately $1.3 million. The committee also began nd U date g pp �' g considering the impact I -695 would have on the City. The committee will continue to consider the Impact of impact this issue may have on the City along with other potential revenue sources. He explained the 1 -695 intent was to develop several options to address the impact of I -695, particularly if the City chose to utilize the ending cash balance to address overlay projects. In response to Councilmember Miller's question regarding a tax rebate, staff reported the Assessor's Office does not have a mechanism for doing that and most cities reflect any savings in next year's levy. He said a conclusion regarding the impact of I -695 will be presented in late August or early September. 11. MAYOR'S REPORT Market Mayor Fahey encouraged the public to partake in the Summer Market held every Saturday and to visit merchants in the downtown area. She announced Sunday Concerts are being held at City Park beginning rket at 3:00 p.m. She advised the Pioneer Picnic would be held August 8. 12. COUNCIL REPORTS unday Councilmember Plunkett said he was astounded by the turnout for the Sunday Concerts and encouraged oncerts even more residents to attend. ommuter Councilmember Earling reported on the public hearing held this past week regarding the DEIS on ;1 Public commuter rail, which approximately 40 -45 citizens attended and provided testimony in favor of earin commuter rail. Councilmember Miller wished Council President Haakenson a Happy Birthday last week. COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER EARLING, TO EXCUSE COUNCIL PRESIDENT HAAKENSON FROM THE JULY 13 MEETING. MOTION CARRIED, COUNCIL PRESIDENT HAAKENSON ABSTAINED. COUNCIL PRESIDENT HAAKENSON MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO EXTEND THE MEETING FOR 15 MINUTES. MOTION CARRIED. 13. EXECUTIVE SESSION REGARDING A LEGAL MATTER At 9:59 p.m., Mayor Fahey recessed the Council to Executive Session for 15 minutes for discussion of a legal matter related to a personnel issue. She advised no action was anticipated and the Council would adjourn immediately following Executive Session. BARBARA S FAHEY,. MAYOR, SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes July 20, 1999 Page 12 AGENDA EDMONDS CITY COUNCIL qw PLAZA MEETING ROOM - LIBRARY BUILDING 650 MAIN STREET 7:00 -10:00 P.M. JULY 20, 1999 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 JULY 13, 1999 (C) APPROVAL OF CLAIM WARRANTS #34162 THROUGH #34577 FOR THE WEEK OF JULY 5, 1999, IN THE AMOUNT OF $301,042.31 (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM KIM BAYER ($1,500), AND STEVE ALLISON ($1,838.65) (E) UPDATE ON HIGHWAY 99 PROJECT (F) AUTHORIZATION TO PURCHASE 800 MHz PORTABLE RADIOS FOR FIRE DEPARTMENT (G) AUTHORIZATION TO SURPLUS MISCELLANEOUS FIRE DEPARTMENT EQUIPMENT (H) AUTHORIZATION TO PURCHASE TWO MOTORS AND CONTROLLERS FOR THE TREATMENT PLANT FROM ARGO INTERNATIONAL CORPORATION FOR $8,001 3. (10 Min.) PRESENTATION OF OUTSTANDING TREATMENT PLANT AWARD TO THE CITY OF EDMONDS BY THE STATE DEPARTMENT OF ECOLOGY 4. (30 Min.) PUBLIC HEARING ON A REQUEST TO VACATE A PORTION OF THE 216TH STREET SOUTHWEST RIGHT -OF -WAY IMMEDIATELY EAST OF 84TH AVENUE WEST (Applicant: Edmonds School District File No. ST- 99 -25) 5. AUDIENCE COMMENTS (3 Minute Limit Per Person) 6. (15 Min.) REPORT ON CHAMBERS CABLE 7. (20 Min.) DISCUSSION REGARDING US CROSSING FRANCHISE. — INTRODUCTION OF PROPOSED ORDINANCE GRANTING TO US CROSSING INC., A NON - EXCLUSIVE FRANCHISE TO INSTALL, OPERATE, AND MAINTAIN A MULTIPLE CONDUIT FIBER OPTIC TELECOMMUNICATIONS SYSTEM IN, ON, OVER, UPON, ALONG, AND ACROSS CERTAIN DESIGNATED PUBLIC RIGHTS -OF -WAY OF THE CITY OF EDMONDS, WASHINGTON, PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS, AND CONDITIONS WITH RESPECT THERETO, AND ESTABLISHING AN EFFECTIVE DATE 8. (20 Min.) REPORT ON PUBLIC SAFETY CONSTRUCTION PROJECT 9. (5 Min.) REPORT ON WASHINGTON STATE POLICE CORPS PROGRAM 10. (15 Min.) REPORT ON COUNCIL COMMITTEE MEETINGS 1 CITY COUNCIL MEETING AGENDA JULY 20, 1999 Page 2 of 2 11. (5 Min.) MAYOR'S REPORT 12. (15 Min.) COUNCIL REPORTS 13. (30 Min.) EXECUTIVE SESSION REGARDING A LEGAL MATTER Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at (425) 771 -0245 with 24 hours advance notice for special accommodations. The Council Agenda appears on Chambers Cable, Channel 32. Delayed telecast of this meeting appears the following Wednesday, Friday and Monday at noon on Channel 32.