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09/07/1999 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES SEPTEMBER 7. 1999 Following a Special Meeting at 6:30 p.m. for an Executive Session regarding a real estate matter, the Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Fahey in the Library Plaza Room, 650 Main Street. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Barbara Fahey, Mayor Thomas A. Miller, Council President Dave Earling, Councilmember John Nordquist, Councilmember Michael Plunkett, Councilmember (arrived 7:15 p.m.) Jim White, Councilmember Dick Van Hollebeke, Councilmember Gary Haakenson, Councilmember ALSO PRESENT Christie Lee, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Tom Tomberg, Fire Chief Kevin Taylor, Assistant Fire Chief John Westfall, Fire Marshal Robin Hickok, Police Chief Ray Miller, Development Services Director Peggy Hetzler, Administrative Services Director Jeff Wilson, Planning Supervisor Noel Miller, Public Works Director James Walker, City Engineer Brent Hunter, Human Resources Director Scott Snyder, City Attorney Sandy Chase, City Clerk Jeannie Dines, Recorder COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR APPROVAL OF THE AGENDA AS SUBMITTED. MOTION CARRIED. (Councilmember Plunkett was not present for the vote.) 2. CONSENT AGENDA ITEMS COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR APPROVAL OF THE CONSENT AGENDA. MOTION CARRIED. (Councilmember Plunkett was not present for the vote.) The agenda items approved are as follows: (A) ROLL CALL pprove I (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF AUGUST 24, 1999 Minutes (C) APPROVAL OF CLAIM WARRANTS #34989 THROUGH #35625 FOR THE WEEK OF pprove AUGUST 23, 1999, IN THE AMOUNT OF $145,305.41. APPROVAL OF CLAIM laim an-ants WARRANTS > WARRANTS #34173 THROUGH #35986 FOR THE WEEK OF AUGUST 30 1999 IN THE AMOUNT OF $219,511.60. APPROVAL OF PAYROLL WARRANTS #25923 THROUGH #26102 FOR THE PAY PERIOD AUGUST 16 THROUGH AUGUST 31, 1999, IN THE AMOUNT OF $379,053.37. Edmonds City Council Approved Minutes September 7, 1999 Page 1 ]aims for (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM PEARLEY J. damages ANGERS (Amount Pending), AND PATRICIA HODGES ($437.66) wy 99 Irloject (E) UPDATE ON HIGHWAY 99 PROJECT r (F) AUTHORIZATION TO ADVERTISE FOR BIDS TO PURCHASE A THREE -WHEEL PARKING ENFORCEMENT VEHICLE. (G) ORDINANCE NO. 3274 AMENDING THE PROVISIONS OF EDMONDS COMMUNITY rd. #3274 DEVELOPMENT CODE SECTION 19.97.030, GENERAL PROVISIONS (B) BASIS FOR Flood ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD Hazard 3. AUDIENCE COMMENTS Burlington Teresa Verhey, 19115 Ocean Avenue, Edmonds, referred to Agenda Item #8 (Authorization to call for Northern bids to construct fences along Ocean Avenue) and explained Burlington Northern (BN) took out a Fences Shoreline Substantial Development Permit on June 9 1995 which was approved, and the litigation Tong P pp , g Ocean Ave. process ended recently allowing the fencing to be constructed. She objected to the City's involvement with bidding the fence and encouraged the Council to consider why the City was contemplating sending out BN's fence to bid since BN is a private property owner. She said the City's involvement with sending BN's fence out to bid sends a message of potential collusiveness between the City and BN. As a taxpayer, she objected to her tax dollars being utilized for the City to send a private property owner's fencing out to bid. She was concerned with the legalities including the City's potential liability and who would be the owner of the fence. She recalled BN provided assurance regarding the style and appearance of the fence and she questioned why they could not bid the fence themselves. oodway Janet Robertson, 10523 240"' Place SW, Edmonds, said the agenda memo regarding acceptance of the Meadows property tax deed from Snohomish County for property located near Woodway Meadows was confusing to them as it appeared residents may not be allowed to present their concerns regarding the 20 -foot strip to the Planning Board. As suggested in Mayor Fahey's letter of August 5, Ms. Robertson supported the City holding public hearings to seek public input. She explained 20 years ago she testified before the Snohomish County Planning Commission that if Woodway Meadows was built in the proposed location, there would be flooding because it was to be built on a series of ponds. She was impressed with the way the Council and staff reacted to this issue. oodway Lora Petso, representing Olympic View Water and Sewer District (OVWSD), said at their board Meadows meeting tonight they obtained information regarding the history of OVWSD's pipes in the fire lane near Woodway Meadows. She said OVWSD's General Manager would be in attendance later to answer any questions. If the City disposes of the property, OVWSD will require vehicle access over the eastern 1,100 feet to allow a sewer pump truck to access the last manhole on the lane and permission for access of the pipes (water and sewer) that run under the lane. filer School Al Rutledge, 7101 Lake Ballinger Way, Edmonds, recommended the City increase revenue for next rOgya°' year to cover repair costs. He provided a recommendation to the Police Department to reduce crime by instituting an after school program operated by the Police Department. Although he supported locating an art piece in Hekinan, he said the City should consider what Hekinan has done for Edmonds such as Art Work in opening businesses in the City. He recommended the City discontinue sending further moneys to Hekinan Hekinan until it can be shown how they are benefiting Edmonds. Edmonds City Council Approved Minutes September 7, 1999 Page 2 way Kevin Clarke, 23924 107`h Place W, Edmonds, distributed an updated exhibit to Fire Marshal ows Westfall's exhibit that was attached to the packet regarding Agenda Item #6 (discussion on acceptance of property tax deed from Snohomish County for property located near Woodway Meadows). He reviewed the corrections to the exhibit prepared by Fire Marshal Westfall including the location of the main Fire Station at 5`h and Bell rather than 3rd and Main and the location of Shoreline fire departments. Mr. Clarke said there has been representation thai there is no fire lane access to the proposed Woodway Highlands Development. He referred to the exhibits he provided, first a map that indicated areas where fire access was not available; second, an enlargement of the Snohomish County Assessor's quarter section map of the area showing the location of the three areas and the proposed main entrance to Woodway Highlands. He referred to photographs he presented, the first was the location the developer has proposed to have the logging trucks exit the development (15`h and 205`h), the second photograph is an existing double gate at 18`' NW and NW 205`'' which would accommodate a fire truck today, the third photograph is a 50 -foot dedicated right -of -way on 110"' Place SW that is fully asphalted and paved; the double gate is not visible due to the overgrown shrubs. He stressed there are three existing locations that the developers of Woodway Highlands could utilize for fire access, therefore, the 20 -foot strip on the south is not needed. He pointed out this information has not been presented previously because the Council did not hear information provided at the public hearings that occurred in Woodway. He urged the City allow residents to provide public input. He said they have been struggling with flooding and drainage problems in this area for 20 years. He recommended the process be slowed to allow additional public input to allow the Council to make a reasonable decision. Fcean and Roger Hertrich, 1020 Puget Drive, Edmonds, supported Ms. Verhey's comments regarding fences unsetAve. along Ocean Avenue as he felt fences were not appropriate along Sunset and Ocean Avenues. He did not V. Ve support the C ity's participation in sending the fence to bid. Mike Eekelbarger, P.O. Box 1, Lynnwood, (the developer of the proposed Woodway Highland's project) said there has been a great deal of misunderstanding that the fire access is being slipped in at the last minute. He explained this plat has been the subject of hearings for the past five years and every potential access has been considered. He agreed with Mr. Clarke's comments regarding other access points but said the packet included the Fire Department's recommendation regarding the best location for the fire access. He explained there is no fire access in that area as indicated by the Fire Department, therefore, the proposed central location is appropriate. He said they did not object when the residents of Woodway Meadows requested 237"' be vacated although that had been considered for emergency access. He said when they developed Woodway Meadows, that access was put in to service the Chevron property. He said they have discussed the fire access with the Fire Department, Public Works, and Planning, noting part of the original approval included redoing the existing storm infiltration system that causes both neighborhoods so many problems. If they are not allowed to provide the fire access in this area, redoing the existing storm infiltration system will become the City's responsibility. He encouraged the Council to accept the deed and allow the interim use for emergency purposes. ew Fire 4. INTRODUCTION OF NEW FIRE CHIEF THOMAS TOMBERG AND ADMINISTRATION OF Chief OATH OF OFFICE Mayor Fahey invited Chief Tomberg's wife, Jolene, to join her and expressed her appreciation for Mrs. Tomberg's support of Chief Tomberg's service to the City. Mayor Fahey described the process for choosing a Fire Chief, which included advertising nation wide. The original 17 applicants were culled to 6 by a technical team, a citizen panel with members knowledgeable of human resources, and two Fire Chiefs from other communities. The six applicants participated in a lengthy interview process and the Edmonds City Council Approved Minutes September 7, 1999 Page 3 applicants were reduced to three finalists. The Council had an opportunity to meet with the three finalists and concurred Chief Tomberg was the best choice to serve the City. Mayor Fahey described Chief Tomberg's background/experience as a firefighter in Santa Barbara, California moving up through the ranks to Battalion Chief. In 1991, he moved to Lewiston, Idaho to be their Fire Chief. In Lewiston, Chief Tomberg updated the fire -based ambulance service to an advanced life support level providing emergency and non - emergency medical response to five cities, two counties and one fire district in Idaho and Washington. He was also instrumental in developing a hazardous materials program using a public /private partnership to serve a five county area. He served on the Idaho Fire Chief's Association Board of Directors from 1993 to 1997 and is a member of the International Association of Fire Chiefs. She described his participation in numerous community programs including the Chamber of Commerce, Rotary, Civic Theater, YWCA, RSVP Board, Council on At -Risk Youth Board, Elks, Scholarship Committee, Lewiston High School Boosters, Friends of the Library, and as a member of the Nez Pierce Historical Society. Prior to becoming a firefighter, he served as an officer in the US Army, completing a tour in Vietnam as a Commanding Officer of a Mobile Advisory Team. He recently graduated from the University of Idaho with a Master's Degree in Public Administration. He has a Bachelor's Degree in Social Science and holds an Assistant Degree in Fire Science from Santa Barbara City College and has completed two national Fire Academy Executive Development programs. Mayor Fahey said Chief Tomberg also has more experience actively serving as a Fire Chief than any of the other applicants. Mayor Fahey invited Assistant Fire Chief Kevin Taylor, Fire Marshal John Westfall, numerous firefighters and Chief Tomberg's children, Genevieve and Joseph to join them for the administration of 'oath. Mayor Fahey swore in Chief Tomberg as Fire Chief. Chief Tomberg said although he has been a Chief Officer since 1982, he has never been sworn in and will remember it always. He said it was an honor to begin his service as Fire Chief of the City of Edmonds and he looked forward with great anticipation to working with Mayor Fahey, the Council, the department directors, fire administration, the members of Local 1828, the fire foundation, reserves, and citizens of the community to providing the most cost effective fire and life services possible. Councilmembers each congratulated Chief Tomberg. Multimedia 5. PRESENTATION OF EDMONDS COMMUNITY COLLEGE MULTIMEDIA PROJECT roject Councilmember Van Hollebeke commented during the four years he has been on the Council, one of the great pleasures has been the spirit of cooperation with organizations and institutions in and around the area which this presentation exemplifies. Members of a class at Edmonds Community College, taught by Steve Meeks, decided on a public relations project to enhance the knowledge and recognition of Edmonds. During one quarter, they developed a CD for the City (who can make it available at the cost of reproduction) so that citizens, business owners, etc. can use it to educate others about the City. He read certificates of appreciation that would be presented to the, members of the class who developed the multimedia project and CD for the City. Class member Gail Neal explained their summer quarter class made a decision to showcase downtown Edmonds in the CD. Class member Adrian Wara activated the CD program which includes music, voice over, and sounds. Ms. Neal described the program which includes different sections such as .maps of Edmonds, photographs and descriptions of parks, dining, history, shopping, resources, the waterfront, the senior center, and entertainment. Edmonds City Council Approved Minutes September 7, 1999 Page 4 Councilmember Van Hollebeke said the program could be updated at virtually no cost. He stressed the program was prepared at no cost to the City as it was done as a class project. As Councilmembers review the CD, he asked that they provide input regarding what they would like to have added. Councilmember Van Hollebeke thanked the members of the class who participated in the project. City Clerk Sandy Chase distributed a CD to each Councilmember Councilmember Earling thanked the class who prepared the program. He pointed out the potential of making the CD available to businesses in the City who may. be interested in using the program as a presentation on the community. Councilmember Van Hollebeke said Mayor Fahey established an enterprise fund that could be used to duplicate the CD. Mayor Fahey said the City likely would fmd a number of valuable uses for the CD, particularly since it is expandable. The City has sought new technology to present the City's message. This is a wonderful extension of the City's web page and represents another way to bring Edmonds' message to many people. She expressed her appreciation to the class who prepared the program. oodway 6. CONTINUED DISCUSSION ON ACCEPTANCE OF PROPERTY TAX DEED FROM eadows SNOHOMISH COUNTY FOR PROPERTY LOCATED NEAR WOODWAY MEADOWS, AND DISCUSSION REGARDING THE PROPERTY'S APPROPRIATE USE City Engineer Jim Walker explained this parcel of land was thought to be part of the City's street right - of -way system that was transferred upon annexation of this area. It was later determined this was not part of Snohomish County's right -of -way but was under County ownership. The tract has existing uses for access by several property owners on the south side of Woodway Meadows and Forest Glen, it has existing utilities, and a portion already exists as a fire lane to serve Woodway Meadows. Staff recommends the Council allow the existing uses to continue within the right -of -way. Regarding whether this property could be vacated, once it becomes City property, it could be vacated; however, it is not typical of most rights -of -way received in the City which have clearly come from one plat and would be returned to that plat. Therefore, the Council would need to make a decision regarding how and where to dispose of the property in the event a decision was made to vacate the property in the future.. As there has been no interest expressed regarding extending a walkway in this area during the City's development of its walkway/bikeway plan, staff would not recommend a walkway be considered for this area. Mr. Walker explained this area was proposed as a fire access and the Fire Marshal determined it was a suitable location. As noted on the Fire Marshal's map, there is an area in Woodway Meadows that is not easily served in the event one of the roads is closed and would require fire apparatus to travel a considerable distance to access the area from the opposite direction. He said that was part of the reason the Fire Marshal was interested in obtaining another fire access into Woodway. He said there has been some interest in an opportunity for the public to speak on this issue and that still could be done. City Attorney Scott Snyder said staff has a two -part recommendation, first to accept the deed and second to put it into the City's normal process to determine how City-owned property should be used, maintained or whether it should be retained. The Council's acceptance of the deed basically returns the situation to where it was believed to be previously and had represented to the developer. Failing to accept the deed, although within the Council's legislative discretion, would expose the City to liability for delay damages and potentially negligent provision of planning information. As Mr. Walker indicated, the City assumed this property transferred to the City upon annexation and all the City's recommendations have been based on that assumption. Once the City accepts the deed, the Council has nearly complete discretion regarding the ultimate use of the property. That typically begins with Edmonds City Council Approved Minutes September 7, 1999 Page 5 hearings before the Planning Board which would address-a variety of issues including flooding via the Capital Improvement Plan, Olympic View Water and Sewer District's use of the property in the event the property is vacated, etc. Should a decision be made to vacate the property, the City could choose to retain utility and construction maintenance easements to ensure access for OVWSD, maintain sufficient ownership interest to ensure access for adjacent property owners, fire access if necessary, recreational uses if necessary and appropriate, as well as a variety of other uses. However, unless the Council accepts the deed, the process of determining how the property should be used cannot begin. He pointed out as the Council changes, what is considered appropriate fire access could change in the future based on other factors. Following input from the Fire Department and the public, the Council may determine there are more appropriate uses for this property. Councilmember Van Hollebeke asked what the process would be and when the public would have an opportunity to provide testimony 'if the Council accepted the deed and directed the City Attorney to prepare a resolution establishing the allowable uses for the tract. Mr. Snyder said when the Council accepts the deed it is not necessary to limit the uses. If the Council wishes to limit the uses, a series of public hearings should be held by the Council. He recommended the Council allow the Planning Board to review the issue, hold public hearings, and make a recommendation to the Council regarding Comprehensive Plan amendments. Councilmember Haakenson clarified Mr. Snyder was recommending the Council accept the property deed with interim emergency access and send the issue to the Planning Board for discussion regarding allowable uses. Mr. Snyder agreed that would confirm the status quo, the situation the City assumed existed for the past five years. Councilmember Plunkett asked if this issue would be quasi judicial once it reached the Planning Board. Mr. Snyder answered these would be legislative hearings, which allow more discretion than a quasi - judicial, hearing. He said the only issue that would limit the exercise of the Council's discretion is ensuring that the Council's. legislative determination does not cut off access to any property and that provisions are made for utilities and emergency services. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER EARLING, TO TAKE THIS ITEM OFF THE TABLE. MOTION CARRIED. Fire Marshal John Westfall explained his role originally in the issue was as a regulator, reacting to the proposal Mr. Eckelbarger presented to him for emergency access for Woodway Highlands. He approved the access in conjunction with the development of Woodway Highlands. After further discussion, he felt the proposed location was the best place for the access. He apologized for any errors on the map he provided and explained his map was an attempt to illustrate where the fire stations are located to indicate where the response will be coming into Woodway and the Woodway Highlands development. He explained the black line on the map shows there is no east -west access through this area. The secondary emergency access currently exists halfway into Woodway Meadows; he suggested it be continued into Woodway as proposed by Mr. Eckelbarger. He stressed it is not the Fire Department's intent to disturb the neighborhoods of Forest Glen or Woodway Meadows or increase traffic, this would be only emergency access with traffic inhibitors such as a gate or posts that the Fire Department could utilize to better serve the residents in Woodway. He reiterated this is the best place for the Fire Department to have secondary access and he would like to see the access continue into Woodway. Mr. Snyder emphasized the Council is not being asked to make this decision now, that is a decision that was made by the Town of Woodway with the City's input. Mr. Eckelbarger has the vested right to build Edmonds City Council Approved Minutes September 7, 1999 Page 6 the development. Once the improvements are in .place, how fire service is provided or how the City's roads are used is within the Council's discretion. The decision about the current development's configuration has already been made and the City already issued a right -of -way permit. Once the Council accepts the deed, Mr. Eckelbarger is free to complete the development. What ultimately happens with respect to the property regarding drainage, fire access, etc. is up to the Planning Board and the Council. Councilmember Haakenson asked if improvements were required to the emergency access road as a condition of the right -of -way permit. Fire Marshal Westfall answered the improvements would be to allow continuation from the point where Woodway Meadows' access ends into the Woodway Highlands development, therefore, load bearing ability would be required as well as clearance width for fire apparatus to utilize the access. Councilmember Haakenson asked if anything else would be done to the road from the cemetery to the end. Fire Marshal Westfall said he did not think so but reserved the right to evaluate it further. He said there is currently Fire Department access into Woodway Meadows and no improvements would be required. Councilmember Haakenson observed no trees would be removed and no widening of the asphalt would occur. Fire Marshal Westfall agreed. Councilmember Earling recalled Mr. Eckelbarger's offer under some circumstances to assist with improving the drainage, a situation citizens should want to take advantage of. Councilmember Earling asked if Mr. Eckelbarger could still do that if the Council took the recommended action. Mr. Snyder answered yes,.Mayor Fahey as the City's property manager could direct the City Engineer to work with Mr. Eckelbarger to make temporary or permanent improvements to drainage. Mr. Snyder said ultimately this is something the City may wish to consider in its Comprehensive Plan, particularly if there are long standing drainage problems, to ensure the improvements do not make it worse. Until the City determines the ultimate use of the property, he recommended significant resources not be put into improvements. Councilmember Haakenson asked for confirmation of whether there was an emergency access gate from the road into Woodway Meadows. Fire Marshal Westfall agreed there was. Councilmember Haakenson asked if it was correct that Mr. Eckelbarger would improve the road from the gate to the west. Fire Marshal Westfall agreed the improvements would be from where the road diverted into 106`'' Place. Councilmember Haakenson clarified from that point east nothing would be done. Fire Marshal Westfall agreed. Councilmember Plunkett asked if the Fire Department was agreeable to a fence with a "crash gate" at the property line where the Fire Department would enter Woodway Highlands. Fire Marshal Westfall said a traffic inhibitor such as a gate or bollards (although they slow the Fire Department's response time) could be considered. Mr. Eckelbarger proposed two gates and it was suggested one of the gates be eliminated to a single gate. The location of that gate on the fire lane is not of importance for Fire Department purposes. COUNCILMEMBER MILLER MOVED, SECONDED, BY COUNCILMEMBER VAN HOLLEBEKE, TO ACCEPT THE DEED AND DIRECT THE CITY ATTORNEY TO PREPARE A RESOLUTION ESTABLISHING THE - ALLOWABLE USES FOR THE TRACT AND REFERRING THE MATTER TO THE PLANNING BOARD FOR A PUBLIC HEARING. Councilmember Haakenson asked if it was necessary to indicate acceptance of the deed with interim emergency access. Mr. Snyder said it was not required and the Council is already on record. regarding the use of the property. MOTION CARRIED. Edmonds City Council Approved Minutes September 7, 1999 Page 7 Appraisal — 7. AUTHORIZATION TO CONTRACT WITH MACAULAY & ASSOCIATES TO PERFORM A Portion of PEER REVIEW OF THE APPRAISAL SUBMITTED BY THE EDMONDS SCHOOL DISTRICT 2160 'St. sw Right-of- FOR THE VACATION OF A PORTION OF THE 216TH STREET SOUTHWEST RIGHT-OF- Way IMMEDIATELY EAST OF 84TH AVENUE WEST (Edmonds School District / File No ST -99 -25 Planning Supervisor Jeff Wilson explained when this issue was last discussed by the Council, staff was directed to look into a review of the appraisal that was prepared for the school district regarding the vacation of the Chase Lake right -of -way. Staff contacted Macaulay & Associates, a firm the City has used in the past for review of other appraisals. Macaulay & Associates indicated they could review the appraisal prepared for the property in one of two ways, the first method is a desk review which treats all the information in the appraisal as factual information, no new information is generated, and the review is to determine whether the methodology to determine the amounts in their appraisals was sound. The estimated cost of this review is approximately $1,000 and approximately 1 -2 weeks. The second method is a full -field review, which includes site investigation and consideration of the properties used for comparables. If it is determined those properties were not appropriate comparables, they would consider the market to determine if other comparables should have been used. The estimated cost of the second option is slightly over $2,000 and 2 -3 weeks to conduct the review. Staff recommends the desk review at a cost of $1,000. Councilmember Van Hollebeke asked if the desk review would allow Macaulay & Associates to communicate with Jack Dinniene regarding the methodology used to prepare the appraisal for the school district. Mr. Wilson assumed Macaulay & Associates would have the latitude to seek clarification from Mr. Dinniene as part of their review process in either method. Councilmember Van Hollebeke said one of the concerns he voiced previously was that the method the school district's appraiser used did not include any properties close to the Chase Lake School. His conversation with the school district indicated they do not want to "low ball" the City, they only want to establish a fair price. He said the desk review should allow the two parties to get together to resolve this without a lot of additional effort. Mr. Wilson said any necessary contact with the school district's appraiser to seek clarification could be included in the scope of work with Macaulay & Associates. He recalled one of the biggest issues was the lack of explanation of how the final figure was determined. Mr. Snyder explained the Council is bound in its decision - making process and quasi-judicial determinations to use the evidence in the record. In this situation, the City has expert testimony from an appraiser and the Council is in a difficult position to do anything other than accept the evidence that is presented unless it seeks additional information. As Councilmember Van Hollebeke observed, the comparables may not be appropriate and there appears to be a gap in logic between the $32,500 and $22,500 figures. Therefore, the Council is seeking further information to establish evidence in the record. Councilmember Earling said there needs to be a clear understanding between Macaulay & Associates and the school district's appraiser regarding the methodology used. He wanted the report from Macaulay & Associates to clearly indicate the path that the appraiser took and how it differed or agreed with the school district's appraiser. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO AUTHORIZE THE MAYOR TO CONTRACT WITH MACAULAY & ASSOCIATES TO PERFORM A DESK REVIEW OF THE APPRAISAL SUBMITTED BY THE EDMONDS SCHOOL DISTRICT FOR THE VACATION OF A PORTION OF THE 216TH STREET SOUTHWEST RIGHT -OF -WAY IMMEDIATELY EAST OF 84TH AVENUE WEST; AND APPROPRIATION OF $1,000 FROM FUND 119. Edmonds City Council Approved Minutes September 7, 1999 Page 8 Mayor Fahey asked if a desk review would achieve what Councilmember Earling wanted if no new information would be provided. Councilmember Earling asked that his comments be addressed by the desk review. MOTION CARRIED, COUNCILMEMBER WHITE IN OPPOSITION. Mayor Fahey declared a brief recess. ences 8• AUTHORIZATION TO CALL FOR BIDS TO CONSTRUCT FENCES ALONG OCEAN AVENUE Along 10cean Ave. Mayor Fahey explained this item was originally scheduled to be on the Consent Agenda but she requested it be added as an agenda item so that the history as well as why Sunset Avenue is not included in the bid process could be explained. City Engineer Jim Walker explained Burlington Northern Santa Fe (BNSF) failed to begin work under their Shoreline Permit within the required period of time for the section of fence along Sunset Avenue. BNSF must now restart the Shoreline Permit process for the section of fence along Sunset Avenue. Because of the appeal on the Ocean Avenue section BNSF has additional time to do the section on Ocean Avenue. The City has been discussing how to assist them to allow the fence to be completed prior to the expiration of the Shoreline Permit rather than begin the process again. The City has not yet worked out the details of the agreement with BNSF and a meeting is scheduled to discuss the details. It is the City's intent for BNSF to pay for the cost of construction as well as any staff time. He explained the City does not recover all the costs for planning fees and Shoreline Permits processes, and it is likely more staff time would be spent if the City does not assist BNSF with this process. Councilmember Nordquist asked if BNSF changed the height of the fence. Mr. Walker answered it is the same fence shown in the Shoreline Permit Application, a 2 -rail steel fence, 42 inches in height. The fence is intended to denote a barrier and not provide a large visual screen. This was acceptable to the Washington Utility and Transportation Commission. Councilmember Haakenson observed the recommended action was to authorize staff to call for bids to construct fences along Ocean Avenue but the details have not yet been determined. Mr. Walker said BNSF believes WSDOT will pay some of the costs. If the fence can be constructed as originally planned without involving review by WSDOT, staff recommends moving forward. Councilmember Nordquist observed there was not yet an agreement regarding costs that BNSF would pay. Mr. Walker said there is an understanding the BNSF will pay all the City's costs including construction of the fence, all staff time, etc. Development Services Director Ray Miller explained the City has a written confirmation from BNSF agreeing to reimburse the City for all costs. The meeting on Thursday with BNSF, WSDOT, and the City is to ensure there is agreement before moving forward. The action before the Council is authorization to move forward with the RFP but staff wants to ensure all parties are in agreement before the RFP is "closed. ". He expected everything to work perfectly but the meeting would ensure that all parties are in agreement. Councilmember Haakenson asked who would own the fence when it was finished. Mr. Miller answered BNSF will own the fence and will maintain it. Councilmember Haakenson asked if BNSF's insurance Edmonds City Council Approved Minutes September 7, 1999 Page 9 would cover all liabilities during construction. Mr. Walker said typically the contractor would be required to carry liability insurance during construction. Councilmember Haakenson asked why BNSF couldn't do this themselves. Mr. Walker answered BNSF is not staffed locally and they felt it would be difficult to conduct the bid process from Texas. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER EARLING, TO AUTHORIZE STAFF TO CALL FOR BIDS TO CONSTRUCT FENCES ALONG OCEAN AVENUE, SUBJECT TO BRINGING BACK THE BID AND SPECIFICALLY SHOWING THAT BURLINGTON NORTHERN SANTA FE IS PAYING ALL THE COSTS. MOTION CARRIED, COUNCILMEMBER HAAKENSON IN OPPOSITION. Mayor Fahey explained historically this issue revolved around train speeds and the fact that in order to have the passenger trains stop in Edmonds, the City had to "not object" to higher train speeds. In order to accommodate the more rapid speeds, the Washington Utilities and Transportation Commission required these fences be installed. At that time, BNSF approached the City about facilitating the process. The appeals on the fences resulted in this project being delayed for a period of time. Unfortunately, the issues regarding the fences on Sunset were resolved prior to the issues regarding the fences on Ocean Avenue and that permit expired. Therefore, the permitting process for the fences along Sunset Avenue must be resubmitted before BNSF can call for bids for those fences. She stressed although signs will be posted for hearings regarding the fences along Sunset Avenue, the City is not proposing anything new, it is only to re- establish permits for those fences. Overlay 9. DISCUSSION OF FUNDED AND UNFUNDED OVERLAY PROJECTS WALKWAYS AND Projects, BIKEWAYS Walkways Bikeways ' City Engineer Jim Walker explained this issue arose as a result of discussion with the Finance Committee. The City has always had a desire and need to do more overlays than are being done. In the past, grants have been obtained for major streets and the overlay of some dead -end streets have been deferred (a policy decision). The information before the Council was an attempt, to identify streets, in $100,000 increments, that could be overlaid if additional funding is available. The list represents streets that have been bid or reviewed, the remainder are streets that have not been in the program previously and are a mix of dead -end and through streets. He said even if all the streets on the list were overlaid, there would still be some streets remaining that require total rebuild. Once a street deteriorates-to a certain point, it is much more expensive to restore it. Mr. Walker explained most of next year's overlay funds would be used to do 76' Avenue (half of the funding available from a grant) and waterline overlays. In addition, in the recently annexed area near Woodway Elementary (formerly Snoline Elementary) there are no walkways and the principal and parents have expressed concern with safety in that area. Staff agrees this is a necessary project and plan to propose a walkway in that area in the budget. Improvements to a bikeway along the extension of Pioneer Way into Shell Valley will also likely be included. This could also serve as emergency access to that neighborhood. He stressed this was a preliminary list and some projects could be changed. It was intended to provide a rough idea of what projects could be done with the funding that was suggested. Councilmember Earling thanked Mr. Walker for preparing this information. He explained the Council is aware the lack of overlay on streets is an ongoing concern. The Finance Department indicated there may be an approximately $1.3 million cash carryover and the Finance Committee requested staff prepare a number of options for Council's consideration in assembling next year's budget. He said most of the $1.3 million cash carryover could be consumed with the overlay projects suggested by staff. He stressed Edmonds City Council Approved Minutes September 7, 1999 Page 10 1 this is not necessarily being proposed but certainly should be considered during the 2000 budget process. He noted if I -695 passes, there likely would be other priorities. For Councilmember Van Hollebeke, Mr. Walker explained the City is in the process of developing a walkway/bikeway plan. It would be staff's preference, if additional funding was available, to catch up on overlay projects, possibly resulting in more funding available for walkways/bikeways in the future. I Councilmember Van Hollebeke asked how much is budgeted each year for overlay projects. Mr. Walker answered approximately $300,000 plus grant funding which can raise that amount to $500,000. Councilmember Van Hollebeke asked how much is typically budgeted for walkways and bikeways. Mr. Walker said in the past, only approximately $40,000 but this amount was increased in the TIP to $100,000 over the next six years. Councilmember Van Hollebeke asked if the $960,000 was expended on overlays, would this theoretically free up $300,000 in unneeded funding that could be applied to walkway/bikeway projects. Mr. Walker did not recommend cutting back on the overlay program. He explained the Hwy. 99 project was funded out of the overlay fund, a project that will not need to be funded after next year. Rockery projects have also been funded from the overlay fund. It is hoped by 2001 more funds can be designated for walkways, bikeways, and arterial improvements. Councilmember Van Hollebeke asked if the. budget cycle that begins this fall would include a futuristic look incorporating bikeways and walkways, assuming the list of overlays was accomplished. Mr. Walker said the budget would likely be more than $100,000. He explained often the overlay projects are simpler and easier to put together than walkway projects that may require considerable work with the neighborhood. He was uncertain if there would be sufficient staff resources next year to do another walkway project. Councilmember Van Hollebeke commented that the walkway projects continue to be postponed because they are more difficult and challenging and suggested there be an energetic approach to incorporate walkways into the budget process rather than delaying them. He suggested this be presented to the Community Services/Development Services Committee as soon as possible so there was time to incorporate the concept into the 2000 budget. Community 10. APPROVAL OF COMMUNITY SERVICES DIRECTOR POSITION Services Director Position Mayor Fahey explained this was discussed at the August 17 Council meeting and referred to the Human Resources Committee who met on September 1. Human Resources Director Brent Hunter explained this issue was reviewed by the Human Resources Committee who discussed job titles, salary levels, job duties and recommended the job description remain as it was for the Community Services Director. They further recommended that the salary level be set at $65,000 to $80,000 per year. This closely corresponds to M -12 in the existing non - represented salary ordinance and no further changes would be required. He said his memo addresses the screening process to outline the time frames required. If the position is advertised immediately, interviews could be conducted in late October /early November and result in a start date of December 1. He said the cost is based upon a start date of December 1, $6,650 for the month of December. Approximately $19,000 remains in the budget after the previous employee received all final termination sick and vacation pay. Councilmember Van Hollebeke asked what the existing salary range was for the Community Services Director position and the previous recommendation regarding the salary range. Mr. Hunter recalled the current salary range for the Community Services Director position was approximately $72,000 minimum and $92,000 maximum. Councilmember Van Hollebeke recalled the salary range for an Administrative Assistant was approximately $5,000 more, or $77,000 to $97,000. Mr. Hunter agreed. Edmonds City Council Approved Minutes September 7, 1999 Page 1 l Mayor Fahey said the Community Services Director position was established with all the components of the salary range of M -13. Over the past two years, that position has been significantly modified which the proposed job description reflects. At the time the position was an M -13, it had oversight of several managers, which have since been elevated to department directors. There was no reduction in salary when that action took place although the job description was rewritten and approved by the Council primarily because that position continued to have first -in -line authority for the administration of the City in the Mayor's absence as well as responsibilities delegated to that position by the Mayor as appropriate. Further, a person was serving in that position and there was no practical way to change the salary range without a demotion. At that time it was thought holding the salary at the -M -13 level was a reasonable range if the Human Resources Study was followed and the position of an Assistant Administrator was implemented. Councilmember Nordquist explained the Human Resources Committee reviewed the Community Services Director position as well as the Assistant position. As there was some concern regarding moving forward with this, it was the consensus of the Human Resources Committee to recommend the Community Services Director job description taking into consideration that the description reflects the changes that were made to the original job description, the adjustment in the salary to $65,000 to $80,000 and the job description approved by the Council on September 19, 1998 for this job. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO APPROVE THE COMMUNITY SERVICES DIRECTOR POSITION FOR $65,000 - $80,000 PER YEAR USING THE 1998 COUNCIL APPROVED JOB DESCRIPTION. Councilmember Van Hollebeke said this appears to be a regressive move. The City has a study that recommended a course of action.that the Council approved and has been implementing. He said the Community Services Director position, as it has been filled over the past several months, is a relatively hollow job with only one staff person working under that person. The intent of the Human Resources Study was to encompass a broader scope of work and to allow the Mayor to employ the services of this individual to assist the Mayor in what every way he /she chose. Councilmember Van Hollebeke said he did not care about the title of the job but cared about the type and quality of person that would be attracted at this salary range. If the Community Services Director position is to continue at the M -13 level ($72,000 - $92,000) the type of person who could be utilized as an Assistant could be attracted to provide continuity during changes in administration. He did not support the proposed motion. Councilmember Haakenson, a member of the Human Resources Committee along with Councilmembers Plunkett and Nordquist, explained the recommendation from the Human Resources Committee was not unanimous as he felt the proposed job description was the wrong description. He said although Mr. Mar did not have the title of Assistant to the Mayor, he was the assistant to the mayor and performed those duties. Councilmember Haakenson stressed an accurate job description should be used to fill this position. If the desire is to hire a person to replace what Mr. Mar did, this is not the correct job description. He did not support the proposed motion. After reading both job descriptions, Councilmember Nordquist said the position should not be filled until after January 1 so that the new mayor could determine how best to utilize the person in that position. The intent appears to be to hire a person and tell the new mayor to use him/her, an action he felt was not totally fair. He said it was the list of ten items that need to be pursued that prompted him to consider filling the Community Services Director position. He pointed out whomever is elected mayor may not want this position. Edmonds City Council Approved Minutes September 7, 1999 Page 12 Councilmember Plunkett was comfortable enough with the job description that this could be a person who serves as an assistant to the mayor. He said the next mayor should make that decision and make a recommendation to the Council. Councilmember White said the current job description redefines the position of the Community Services Director and is not what has been the Community Services Director's function for the past several years. It is actually the creation of a new position but with the same title at a significantly downgraded pay scale. He said the City likely will not attract a person that can be relied upon for continuity throughout administrations at that salary range and this job description. He said the key to this position is continuity between administrations to ensure the City does not change direction following every change in administration. He did not support the proposed motion. Councilmember Earling observed what he has heard described is a scenario in which the City would not follow through with the recommendation in the Human Resources Study, although the job description would not be changed, the intent is to hire an individual who does high quality work and acts as an assistant to the mayor but offer them less money. He observed it had been pointed out the new mayor could make a decision to eliminate the position. He said any candidate for the position would figure that out and withdraw their application. He did not care what the position was called but felt the commitment to the Human Resources Study should be followed through. He did not support the proposed motion. MOTION FAILED (3 -4) COUNCILMEMBERS PLUNKETT, MILLER, AND NORDQUIST IN FAVOR, AND COUNCILMEMBERS VAN HOLLEBEKE, HAAKF.NSON, EARLING, AND WHITE IN OPPOSITION. Mayor Fahey explained the main reason she recommended moving forward with hiring the position as defined in the Human Resources Study, was for continuity in the near term as well as the long term. She explained the person elected mayor simply will not be able to competently oversee all directors and administrative issues immediately. There is a critical need for a person with experience in city government and an educational background in public administration as indicated in the new job description. She noted it is no longer appropriate to have an individual with only an engineering or planning background as defined in the previous Community Services Director job description. It was in the City and community's best interest to fill this position now to allow the individual to assist with the transition of a new mayor. She regretted the Council had difficulty understanding this concept. Mayor Fahey explained over the past six years, she has attended numerous workshops hosted by the Association of Washington Cities, National League of Cities and the Conference of Mayors and she felt she was reasonably knowledgeable about some components of city government. She said no one who has not been a mayor could be as knowledgeable as necessary when they assume office. She felt it was shortsighted to think it was serving the best interests of the City to put a mayor at a disadvantage by trying to make decisions without the expertise and knowledge that an individual that would fit the proposed job description could bring to this position. After hearing tonight's discussion, she felt it was better to wait to fill the position until the right job description and salary level could be determined. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER WHITE, TO ADVERTISE FOR THE COMMUNITY SERVICES DIRECTOR, INCORPORATING THE JOB DESCRIPTION THAT WAS PRESENTED AT THE PREVIOUS COUNCIL MEETING, AT A SALARY RANGE OF $72,000 TO $92,000. Edmonds City Council Approved Minutes September 7, 1999 Page 13 Councilmember Nordquist asked what that job description was. Councilmember Van Hollebeke answered it was the job description presented to the Council with the potential title of Administrative Assistant/Assistant to the Mayor. His intent was that it be the broader description that would result in an individual that could assist with administrative matters in the absence of the Mayor and have a salary that would attract that type of person. Councilmember Nordquist asked Mr. Hunter to clarify that job description. Mr. Hunter said the Human Resources Committee was provided the job description of Administrative Assistant to the Mayor and the Community Services Director as modified in September 1998. Councilmember Nordquist recalled Mr. Hunter had commented the Administrative Assistant job description had not been approved by the Council. Council President Miller said likely a small pool of applicants would apply for such a position based solely on the politics. He said the issue of continuity was not a concern to him because the City has excellent directors who will provide continuity for the new mayor. He questioned how a new employee who was hired December 1 could assist the mayor. His concern was with the major projects the Community Services Director has been overseeing and that was why he supported filling the position. MOTION FAILED (1 -6), COUNCILMEMBER VAN HOLLEBEKE IN FAVOR, THE REMAINING COUNCILMEMBERS IN OPPOSITION. Councilmember Haakenson asked if an individual could be hired when the Council had not approved the job description. Mr. Hunter said that could be included as part of the motion. Mayor Fahey explained when she referred to continuity, she was not referring to political continuity. She expected the person hired would have the knowledge and a number of years of administrative experience to oversee issues the Community Services Director previously oversaw but are not being addressed in the short term. She said there are a number of large issues the City must be involved in and that was the continuity she was referring to. COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER NORDQL1IST, TO TABLE THIS MATTER UNTIL THE THIRD MEETING IN NOVEMBER MOTION CARRIED, COUNCILMEMBER WHITE IN OPPOSITION. 11. MAYOR'S REPORT Olympic Mayor Fahey said the signs designating the 6 -foot wide path on Olympic View Drive as a View Drive bicycle /pedestrian path have been removed because the path is actually not wide enough to qualify for Pedestrian that designation and has created numerous conflicts between bicyclers and pedestrians. Until ways can Walkway be found to bring the path up to appropriate standards to be used as a bicycle path, it is now only designated as a pedestrian walkway. 12. COUNCIL REPORTS Salary Council President Miller referred to Human Resources Director Brent Hunter's memo regarding the Review salaries of the mayor and elected officials and the Human Resources Committee's suggestion that a Panel Salary Review Panel be appointed to consider salaries and make recommendations. He requested Councilmembers review the materials and provide feedback by next week. Edmonds City Council Approved Minutes September 7, 1999 Page 14 ultimedia Councilmember Van Hollebeke encouraged Councilmembers and the Mayor to review the CD developed oject by the Edmonds Community College multimedia class as soon as possible and make suggestions on how it could be promoted. mtrak Councilmember Earling thanked Mayor Fahey for the opportunity to join her at the Amtrak ribbon cutting ceremony this week. He expressed' his pleasure at having a second Amtrak train traveling north sound and south in addition to the existing train. He invited Councilmembers and Mayor Fahey to the ribbon 11ransit cutting ceremony on September 19 at 11:30 for the unveiling of bus service for Sound Transit. Special Mayor Fahey announced the next Council meeting, Council Committee meetings, will be held on Monday Monday, September 13 because of the September 14 primary election. She encouraged the public to Meeting vote on September 14. 13. EXECUTIVE SESSION REGARDING TWO LEGAL MATTERS Executive At 9:35 p.m., Mayor Fahey recessed the Council to Executive Session for discussion of two legal matters Session for approximately 45 minutes. She advised no action would be taken and the Council would adjourn immediately following the Executive Session. B FA;R B A R WAS. WFA H RY�, M A[Y O. SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes September 7, 1999 Page 15 AGENDA EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street 7:00 -10:00 p.m. SEPTEMBER 7, 1999 SPECIAL MEETING 6:30 P.M. — EXECUTIVE SESSION REGARDING A REAL ESTATE MATTER 7:00 P.M. - CALL TO ORDER FLAG SALUTE 1. APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF AUGUST 24, 1999 (C) APPROVAL OF CLAIM WARRANTS #34989 THROUGH #35625 FOR THE WEEK OF AUGUST 23, 1999, IN THE AMOUNT OF $145,305.41. APPROVAL OF CLAIM WARRANTS #34173 THROUGH #35986 FOR THE WEEK OF AUGUST 30, 1999, IN THE AMOUNT OF $219,511.60. APPROVAL OF PAYROLL WARRANTS #25923 THROUGH #26102 FOR THE PAY PERIOD AUGUST 16 THROUGH 31, 1999, IN THE AMOUNT OF $379,053.37. (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM PEARLEY J. ANGERS (Amount Pending), AND PATRICIA HODGES ($437.66) (E) UPDATE ON HIGHWAY 99 PROJECT (F) AUTHORIZATION TO ADVERTISE FOR BIDS TO PURCHASE A THREE -WHEEL PARKING ENFORCEMENT VEHICLE (G) PROPOSED ORDINANCE AMENDING THE PROVISIONS OF EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 19.97.030, GENERAL PROVISIONS (B) BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD 3. AUDIENCE COMMENTS (3 Minute Limit Per Person) 4. (10 Min.) INTRODUCTION OF NEW FIRE CHIEF THOMAS TOMBERG AND ADMINISTRATION OF OATH OF OFFICE 5. (20 Min.) PRESENTATION ON EDMONDS COMMUNITY COLLEGE MULTIMEDIA PROJECT 6. (30 Min.) CONTINUED DISCUSSION ON ACCEPTANCE OF PROPERTY TAX DEED FROM SNOHOMISH COUNTY FOR PROPERTY LOCATED NEAR WOODWAY MEADOWS, AND DISCUSSION REGARDING THE PROPERTY'S APPROPRIATE USE 7. (5 Min.) AUTHORIZATION TO CONTRACT WITH MACAULAY & ASSOCIATES TO PERFORM A PEER REVIEW OF THE APPRAISAL SUBMITTED BY THE EDMONDS SCHOOL DISTRICT FOR THE VACATION OF A PORTION OF THE 216TH STREET SOUTHWEST RIGHT -OF -WAY IMMEDIATELY EAST OF 84TH AVENUE WEST (Edmonds School District / File No. ST- 99 -25) 8. (10 Min.) AUTHORIZATION TO CALL FOR BIDS TO CONSTRUCT FENCES ALONG OCEAN AVENUE 9. (20 Min.) DISCUSSION ON FUNDED AND UNFUNDED OVERLAY PROJECTS, WALKWAYS, AND BIKEWAYS CITY COUNCIL MEETING AGENDA SEPTEMBER 7, 1999 Page 2 10. (30 Min.) APPROVAL OF COMMUNITY SERVICES DIRECTOR POSITION 11. (5 Min.) MAYOR'S REPORT 12. (15 Min.) COUNCIL REPORTS 13. (45 Min.) EXECUTIVE SESSION REGARDING TWO LEGAL MATTERS' 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 or 46 Delayed telecast of this meeting appears the following Wednesday, Friday and Monday at noon on Channel 32 or 46