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2010.02.09 CC Committee Meetings Agenda PacketAGENDA               City Council Committee Meetings Council Chambers, Public Safety Complex 250 5th Avenue North, Edmonds February 09, 2010 6:00 p.m.   The City Council Committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not public hearings. The Committees will meet in separate meeting rooms as indicated below. 1. Community/Development Services Committee Meeting Room:  Council Chambers   A. AM-2757 (15 Minutes) Continued discussion on regulations concerning bikini barista stands.   B. AM-2790 (10 Minutes) Discussion regarding changes to City Code 5.05.060, Dogs on Public Grounds.   C. AM-2800 (30 Minutes) What can be made available to Council on appeal?   D. AM-2798 (15 Minutes) Request from Historic Preservation Commission for waiver of certain fees related to historic structures.   E. AM-2793 (30 Minutes) Proposed Title 18 Code amendments to allow use of City right of way for bistro and outdoor dining and placement of art in City right of way.    F. AM-2794 (15 Minutes) Proposed policies for Stormwater Comprehensive Plan update.    G. AM-2756 (15 Minutes) Continued discussion regarding the removal of colored street markings used locating utilities.   H. AM-2795 (15 Minutes) Discussion on PRD setbacks.   I. AM-2796 (15 Minutes) Discussion on Conditional Use Permits for home occupations.   2.Finance Committee Meeting Room:  Jury Meeting Room   A. AM-2791 (10 Minutes) Alderwood Water Supply Contract final review.    B. AM-2802 (15 Minutes) Wireless internet rollout in Council Chambers.   C. AM-2792 (15 Minutes) Funding proposal for the Building Maintenance Fund 116.    D. AM-2801 (15 Minutes) Discussion and review of long-term difference between presentation in relation to the Fire District 1 Contract in November of 2009 and finance update of January 25, 2010.   3.Public Safety Committee Packet Page 1 of 89 3.Public Safety Committee Meeting Room:  Police Training Room   No items scheduled.   4.ADJOURN     Packet Page 2 of 89 AM-2757 1.A. Continued Dscussion on Regulations Concerning Bikini Barista Stands City Council Committee Meetings Date:02/09/2010 Submitted By:Jana Spellman Submitted For:Councilmember Dave Orvis Time:15 Minutes Department:City Council Type:Information Committee:Community/Development Services Information Subject Title Continued discussion on regulations concerning bikini barista stands. Recommendation from Mayor and Staff Previous Council Action B. Regulations concerning bikini barista stands. (November 10, 2009 - Council Committee Meeting) Councilmember Orvis noted the ordinance the City of Everett had recently passed addressing this issue, and wondered whether Edmonds’ codes cover this same subject, or whether any updates should be considered. Rob Chave said the ordinance had been forwarded to the City Attorney’s office and they should be able to provide a review and any recommendations for consideration at next month’s Committee meeting. ACTION: Continue discussion at the December Committee meeting in order to obtain input from the City Attorney. A. Continued discussion on regulations concerning bikini barista stands. (December 8, 2009 Council Committee Meeting) Councilmember Orvis indicated this was a continuation of the previous (November) meeting on this item. Bio Park provided a short summary of the city’s existing regulations covering adult entertainment, which focuses on regulating conduct that would be considered lewd or defined as being covered under the adult entertainment definitions. Mr. Park felt the existing regulations would also address any issues regarding behavior that would be associated with these new types of businesses, but that there was not a dress code or equivalent regulation that would be applicable so long as the behavior was not considered to be “adult entertainment.” Council member Orvis asked that the specific actions taken by the City of Everett be reviewed to see if there was something ‘missing’ from Edmonds’ codes. ACTION: No action taken at this time; further discussion will be held at the Committee meeting in January. Narrative Fiscal Impact Attachments No file(s) attached. Packet Page 3 of 89 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 02/04/2010 11:16 AM APRV 2 Mayor Gary Haakenson 02/04/2010 11:43 AM APRV 3 Final Approval Sandy Chase 02/04/2010 12:30 PM APRV Form Started By: Jana Spellman  Started On: 01/25/2010 03:10 PM Final Approval Date: 02/04/2010 Packet Page 4 of 89 AM-2790 1.B. Discussion Regarding Changes to City Code 5.05.060 Dogs on Public Grounds City Council Committee Meetings Date:02/09/2010 Submitted By:Brian McIntosh Time:10 Minutes Department:Parks and Recreation Type:Action Committee:Community/Development Services Information Subject Title Discussion regarding changes to City Code 5.05.060, Dogs on Public Grounds. Recommendation from Mayor and Staff Schedule a Public Hearing at an upcoming City Council Meeting regarding recommended changes to the City Code 5.05.060 in regard to dogs on public grounds. Previous Council Action The subject of permitting on-leash dogs on the Sunset Overlook was discussed at the Community Services / Development Services Committee on March 17, 2009. Narrative The current Edmonds City Code 5.05.060, Dogs on Public Grounds (attachment), designates parks and areas within them as on or off-leash areas. Currently there are eight designated parks where dogs are permitted. Seven of these require the dogs to be on-leash and at one, Marina Beach South, dogs are permitted to be off-leash. Staff recommends that three new areas be designated as permitted on-leash sites: 1. Sunset Overlook Park: the path and grassy strip that is west of Sunset Avenue. Citizens have requested this change in the past to allow people to not only walk their dogs here but also to sit on the numerous memorial benches along the overlook in the company of their canine companions. 2. Hickman Park Trails: during the lenghtly public input phase in advance of the construction of Hickman Park, testimony indicated a strong desire to enable dog walking along the 3,500 feet of paved and wooded paths of this new park. This is consistent with other City parks with pathways (Sierra, Seaview, Yost, Pineridge, etc.). 3. New Park at 162nd Street: This overlook park will have a small interior trail and many benches for resting and viewing. This park will be particularly attractive for people walking in the neighborhood that will be connected via the new 76th Ave W/75th Pl W walkways to the new park and on to Meadowdale Beach Park. The new walkways will enable a continuous off-street walkway from Edmonds northern boundary to downtown Edmonds. In addition it has been suggested that dogs be permitted on-leash on the paved paths of Brackett's Landing North and South. Staff recommends that this not be allowed due to the safety, control, and maintenance problems outlined in the attached "Dogs Memo Feb 2009". Packet Page 5 of 89 and maintenance problems outlined in the attached "Dogs Memo Feb 2009". Fiscal Impact Attachments Link: Dogs on public grounds ECC Link: Dog Memo Feb 2009 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 02/03/2010 11:28 AM APRV 2 Mayor Gary Haakenson 02/04/2010 11:43 AM APRV 3 Final Approval Sandy Chase 02/04/2010 12:30 PM APRV Form Started By: Brian McIntosh  Started On: 02/02/2010 08:39 PM Final Approval Date: 02/04/2010 Packet Page 6 of 89 Packet Page 7 of 89 Packet Page 8 of 89 Packet Page 9 of 89 Packet Page 10 of 89 AM-2800 1.C. What can be made available to Council on appeal? City Council Committee Meetings Date:02/09/2010 Submitted By:Sandy Chase Submitted For:Councilmember Dave Orvis Time:30 Minutes Department:City Clerk's Office Type:Information Committee:Community/Development Services Information Subject Title What can be made available to Council on appeal? Recommendation from Mayor and Staff Previous Council Action Narrative Councilmember Orvis requested that this topic be placed on the agenda for discussion. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 02/04/2010 02:23 PM APRV 2 Mayor Gary Haakenson 02/04/2010 02:44 PM APRV 3 Final Approval Sandy Chase 02/04/2010 03:06 PM APRV Form Started By: Sandy Chase  Started On: 02/04/2010 02:06 PM Final Approval Date: 02/04/2010 Packet Page 11 of 89 AM-2798 1.D. Historic Preservation Commission Request for Waiver of Certain Fees / Historic Structures City Council Committee Meetings Date:02/09/2010 Submitted By:Rob Chave Submitted For:Rob Chave Time:15 Minutes Department:Planning Type:Action Committee:Community/Development Services Information Subject Title Request from Historic Preservation Commission for waiver of certain fees related to historic structures. Recommendation from Mayor and Staff Direct the City Attorney to draft a resolution for full Council consideration. Previous Council Action None Narrative The Edmonds Historic Preservation Commission has made the following request regarding pre-application fees for historic buildings. Fees are adopted by Council resolution, and only the City Council can provide waivers or modify fees established by resolution. PERMIT FEES & MEETINGS FEES - The owners of historic structures on either the National/State or local Edmonds register, when making substantial improvements, or adapting to other uses (i.e. residential to commercial use) are charged fees when meeting with the Edmonds Building Official and later such fees are applied to permits. This acts as a disincentive to the improvement of these historic structures. The EHPC requests that these fees ($625 charge per meeting with building officials), be waived for structures which are already on the National, State or local register. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 02/04/2010 12:36 PM APRV 2 Mayor Gary Haakenson 02/04/2010 12:51 PM APRV 3 Final Approval Sandy Chase 02/04/2010 01:55 PM APRV Form Started By: Rob Chave  Started On: 02/04/2010 12:10 PM Packet Page 12 of 89 Final Approval Date: 02/04/2010 Packet Page 13 of 89 AM-2793 1.E. Proposed Title 18 Code Amendments City Council Committee Meetings Date:02/09/2010 Submitted By:Robert English Time:30 Minutes Department:Engineering Type:Information Committee:Community/Development Services Information Subject Title Proposed Title 18 Code amendments to allow use of City right of way for bistro and outdoor dining and placement of art in City right of way. Recommendation from Mayor and Staff Discuss proposed amendments and determine schedule and process for presenting amendments to the full council. Previous Council Action None. Narrative In spring 2009, a local restaurant secured a street use permit to use public right of way adjacent to their business for outdoor dining. The restaurant's proposal included fencing within the right of way to create an exclusive dining area for its patrons. After the fencing was installed, the City received several citizen complaints about lack of sidewalk clearance for pedestrian passage. Because of citizen feedback and problems with sidewalk clearance, it was determined that more specific guidelines should be developed to address similar applications in the future. Staff will provide a copy of the draft ordinance and a redlined version of the code section at the meeting. The administrative policy and draft fee resolution are attached. The administrative policy will provide staff with guidelines on how to administer the proposed code amendments and the resolution will establish a fee for use of public right of way. Staff contacted several cities in the region to review existing code and policies related to this issue. The amendments and guidelines were then developed and refined based on input from the Community Services Director, City Engineer, Planning Manager, Building Official and the City Attorney. The proposed amendments to Title 18 also address the installation of art work within the public right of way. The changes outline the application process, submittal requirements and provision to have the proposed art work reviewed by the Edmonds Art Commission. The Edmonds Art Commission would then provide a recommendation to the Community Services Director and City Engineer for use and consideration in permit issuance. This item is being presented for discussion, and staff is requesting direction from the Committee on the proposed changes and the process for presenting this information to the full Council. Packet Page 14 of 89 on the proposed changes and the process for presenting this information to the full Council. Fiscal Impact Attachments Link: Draft Resolution Link: Draft Administrative Policy Form Routing/Status Route Seq Inbox Approved By Date Status 1 Engineering Robert English 02/04/2010 04:15 PM APRV 2 Public Works Noel Miller 02/04/2010 04:40 PM APRV 3 City Clerk Sandy Chase 02/04/2010 04:55 PM APRV 4 Mayor Gary Haakenson 02/05/2010 07:07 AM APRV 5 Final Approval Sandy Chase 02/05/2010 07:57 AM APRV Form Started By: Robert English  Started On: 02/03/2010 04:49 PM Final Approval Date: 02/05/2010 Packet Page 15 of 89 RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING FEES FOR STREET USE PERMITS. WHEREAS, ECDC 18.70.050 establishes that application fees and the compensation to be paid to the public for the use of public right of way shall be established by resolution and that such resolutions are adopted in the sole legislative discretion of the City Council of the City of Edmonds, and, WHEREAS, the City Council finds that the business development impact of outdoor cafes and bistros, artwork and other temporary exclusive commercial uses of this public right of way generally enhances the urban environment and provides for an active street scape and street life in accordance with the City’s Comprehensive Plan policies, and WHEREAS, however, the City Council finds that the temporary exclusive commercial use of the public right of way should result in appropriate compensation to the public for such use, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Pursuant to the authorization of ECDC 18.70.050, the following fees are established for compensation to be paid for the temporary exclusive commercial use of public rights of way. 1. The following Street Use Permit fees are hereby established for the temporary exclusive commercial use of public rights of way: A. A “right of way use fee” in the sum of $1.05 per square foot per month and an amount of 12.84% leasehold excise tax on the {WSS734588.DOC;1\00006.900000\} - 1 - Packet Page 16 of 89 {WSS734588.DOC;1\00006.900000\} - 2 - total monthly amount shall be paid to the City. Right of way use fees shall be paid monthly on or before the first day of each month. Failure to remit the use fee by the 15th day of each month may result in the revocation of the Street Use Permit pursuant to ECDC 18.07.040 A(2)b. B. A $30.00 annual administrative renewal fee shall be paid to the City. Failure to remit the annual renewal fee by January 15th of each respective year may result in the revocation of the Street Use Permit pursuant to ECDC 18.07.040 A(2)b. 2. Such fees shall be effective for all applications and annual permit renewals processed after the effective date of this resolution. The resolution shall be effective immediately upon passage. RESOLVED this ___ day of ________________, 2010. APPROVED: MAYOR, GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Page 17 of 89 P a c k e t P a g e 1 8 o f 8 9 P a c k e t P a g e 1 9 o f 8 9 P a c k e t P a g e 2 0 o f 8 9 AM-2794 1.F. Proposed Policies for Stormwater Comprehensive Plan Update City Council Committee Meetings Date:02/09/2010 Submitted By:Conni Curtis Submitted For:Jerry Shuster Time:15 Minutes Department:Engineering Type:Information Committee:Community/Development Services Information Subject Title Proposed policies for Stormwater Comprehensive Plan update. Recommendation from Mayor and Staff None. Information only. Previous Council Action On December 16, 2008, Council authorized the Mayor to sign a Professional Services Agreement with Herrera Environmental Consultants for updating the City's Stormwater Comprehensive Plan and Stormwater Management Program. On February 24, 2009, Staff and the Consultant briefed the City Council on the upcoming update to the Stormwater Management Program. On June 9, 2009, Council was briefed on the Stormwater Code (ECDC 18.30) and the Illicit Discharge Code (EMC 7.200). Narrative The Engineering Division is in the process of updating the 2003 Stormwater Comprehensive Plan. The Stormwater Comprehensive Plan guides the City’s stormwater utility in three main areas: 1. Operation and maintenance of existing and future City-owned stormwater infrastructure. 2. Planning of stormwater capital improvement projects to reduce flooding and other detrimental effects of excessive stormwater runoff such as water quality and aquatic habitat degradation. 3. Form the basis for a rate structure for the utility to accomplish items 1 and 2 in a cost-effective manner and in compliance with applicable federal, state, and local regulations. Over the past 7 years, since the last update of the Stormwater Comprehensive Plan, there have been changes to the scientific and regulatory approach to stormwater management, and capital need has been identified. The policies that form the basis for the current comprehensive plan are in the “Water Resources and Drainage Management” section of the “Land Use Element” of the City’s Comprehensive Plan (Attachment 1). These policies were adopted by Ordinance 2527 in 1985. At that time the City had not formed a stormwater utility and, therefore, these policies were not in the “Utilities Element” of the plan. The draft new proposed polices (Attachment 2) will Packet Page 21 of 89 replace those currently in the City’s Comprehensive Plan and will be placed in the “Utilities Element” of the City’s Comprehensive Plan. Attachment 2 presents draft goals and policies to guide the stormwater utility for approximately the next 6 years. To reflect the intent of these new goals and policies, it is proposed that the title of the plan be changed to “Storm and Surface Water Comprehensive Plan” to emphasize the nexus between stormwater runoff and its effects on surface waters in the City, such as Puget Sound, Lake Ballinger, and the many creeks that flow though the City. The goals are as follows: • Goal A: Manage the storm and surface water system through a combination of the preservation of natural systems and engineered solutions to: - Provide for public safety - Prevent property damage - Protect water quality - Preserve and enhance critical areas such as fish and wildlife habitat - Maintain a hydrologic balance - Promote sustainability • Goal B: Preserve, protect and, where feasible, restore wetlands, shorelines, surface water, and ground water for fish and wildlife, appropriate human use, and the maintenance of hydrological and ecological processes. • Goal C: Use education as a tool to increase protection of critical areas and understanding of sustainability and other environmental values. • Goal D: Provide adequate funding through an equitable stormwater utility rate structure and outside funding sources to support the necessary programs under goals A, B, and C. To achieve stated goals, program areas have been set up, each with their own guiding policies. The program areas are: 1. Flood Protection 2. Water Quality 3. Aquatic Habitat 4. Stormwater Utility Funding Stormwater utility fund policy SWUF-8, as proposed, would incorporate the cost of storm drainage infrastructure for Council-approved transportation projects into the stormwater utility rate structure. For planning purposes and stormwater rate analysis, a 15 percent share of the cost of all transportation projects with significant storm drainage infrastructure would be funded though the stormwater utility. Next Steps: Policies will form the basis for the new Storm and Surface Water Comprehensive Plan. A draft Plan is scheduled to be out for public comment in the second quarter of 2010. Packet Page 22 of 89 Fiscal Impact Attachments Link: Exerpt-Land Use Element of Comp Plan Link: Draft Proposed Policies Form Routing/Status Route Seq Inbox Approved By Date Status 1 Engineering Robert English 02/04/2010 09:59 AM APRV 2 Public Works Noel Miller 02/04/2010 11:16 AM APRV 3 City Clerk Sandy Chase 02/04/2010 11:36 AM APRV 4 Mayor Gary Haakenson 02/04/2010 11:43 AM APRV 5 Final Approval Sandy Chase 02/04/2010 12:30 PM APRV Form Started By: Conni Curtis  Started On: 02/04/2010 08:00 AM Final Approval Date: 02/04/2010 Packet Page 23 of 89 P a c k e t P a g e 2 4 o f 8 9 P a c k e t P a g e 2 5 o f 8 9 P a c k e t P a g e 2 6 o f 8 9 P a c k e t P a g e 2 7 o f 8 9 DRAFT February 3, 2010 1 STORM AND SURFACE WATER COMPREHENSIVE PLAN GOALS AND POLICIES Goal A: Manage the storm and surface water system through a combination of the preservation of natural systems and engineered solutions to: Provide for public safety Prevent property damage Protect water quality Preserve and enhance critical areas such as fish and wildlife habitat Maintain a hydrologic balance Promote sustainability Goal B: Preserve, protect, and, where feasible, restore wetlands, shorelines, surface water, and ground water for fish and wildlife, appropriate human use, and the maintenance of hydrological and ecological processes. Goal C: Use education as a tool to increase protection of critical areas and understanding of sustainability and other environmental values. Goal D: Provide adequate funding though an equitable stormwater utility rate structure and outside funding sources to support the necessary programs under goals A, B, and C. PROGRAM AREA 1: Flood Protection The flood protection program area is designed to meet Goals A & C by setting forth the following policies: FP-1: Comply with all applicable, relevant, and appropriates requirements from the Federal, state, and local governments related to flood protection. FP-2: Resolve long standing flooding impacts; prevent new flooding impacts to homes, businesses, and other facilities. Ensure adequate surface water services for existing and anticipated development at service levels designated by the Capital Facilities Element and Capital Improvement Plan. FP-3: Preserve and protect natural surface water storage sites, such as wetlands, aquifers, streams and water bodies that help regulate surface flows and recharge groundwater. FP-4: Restrict the water runoff rate from new development to a rate that does not damage downstream resources, usually the same rate as predevelopment conditions. Additional requirements which are more restrictive than this general policy may apply in the case of substantial redevelopment of parcels which were originally developed under non-existent or outdated stormwater control standards and contain large areas of impervious surfaces, have a high percentage of total impervious surfaces, or have identified drainage or water quality problems. FP-5: Promote development design which minimizes runoff rate and volume by limiting the size of the building footprint and total site coverage, minimizing impervious surfaces, maximizing the protection of Packet Page 28 of 89 DRAFT February 3, 2010 2 permeable soils and native vegetation, and encouraging use of permeable pavements and surfaces, where appropriate. FP-6: Property owners shall be responsible for the maintenance of stormwater management facilities and pollution control structures which are located within the boundaries of their property. The City shall monitor and enforce this maintenance requirement and shall be responsible for the maintenance of facilities within City owned property and public right of ways. The City will work with property owners and maintenance providers to see that the waste associated with the maintenance of these facilities and structures is disposed of properly. FP-7: Where feasible, stormwater facilities, such as retention and detention ponds, should be designed to provide supplemental benefits, such as wildlife habitat, water quality treatment, and passive recreation. FP-8: Increase the Public’s knowledge of stormwater runoff issues and support public involvement in the City’s stormwater management program. FP-9: Cooperate with the Department of Ecology and neighboring jurisdictions, including participation in regional forums and committees, to improve regional surface water management and resolve related inter- jurisdictional concerns. PROGRAM AREA 2: Water Quality The water quality program area is designed to meet Goals A & C by setting forth the following policies: WQ-1: Implement the required provisions of the Western Washington Phase II Municipal stormwater Permit, issued by the Department of Ecology to protect receiving water quality from degradation from runoff from the City’s municipal stormwater system. WQ-2: Comply with other all applicable, relevant, and appropriates requirements from the Federal, state, and local governments related to water quality. WQ-3: Protect water quality by implementing best management practices for runoff treatment for new development and redevelopment projects. Additional requirements which are more restrictive than this general policy may apply in the case of substantial redevelopment of parcels which were originally developed under non-existent or outdated stormwater control standards and contain large areas of impervious surfaces, have a high percentage of total impervious surfaces, or have identified drainage or water quality problems. WQ-4: Promote the use of Low Impact Development techniques in site planning and Best Management Practices Implementation to the extent feasible to mitigate the effects of development and redevelopment on water quality. WQ-6: Protect water quality through the continuation and possible expansion of the street sweeping program. WQ-7: Protect water quality by educating citizens about proper waste disposal and eliminating pollutants that enter the stormwater system as a result of lawn and garden maintenance, car cleaning or maintenance, roof cleaning or maintenance, or direct disposal into storm drains. Packet Page 29 of 89 DRAFT February 3, 2010 3 WQ-8: Property owners shall be responsible for the maintenance of stormwater management facilities and pollution control structures which are located within the boundaries of their property. The City shall monitor and enforce this maintenance requirement and shall be responsible for the maintenance of facilities within City owned property and public right of ways. The City will work with property owners and maintenance providers to see that the waste associated with the maintenance of these facilities and structures is disposed of properly. WQ-9: Cooperate with the Department of Ecology and neighboring jurisdictions, including participation in regional forums and committees, to improve regional surface water quality issues solve related inter- jurisdictional concerns. PROGRAM AREA 3: Aquatic Habitat The Aquatic Habitat program area is designed to meet Goals A, B & C by setting forth the following policies: AH-1: Comply with all applicable, relevant, and appropriates requirements from the Federal, state, and local governments related to aquatic habitat. AH-2: Actively participate in regional species protection efforts, including salmon habitat protection and restoration. AH-3: Protect critical wildlife habitat, such as wetlands, including habitats or species that have been identified as priority species or priority habitats by the Washington Department of Fish and Wildlife, from the negative affects of uncontrolled stormwater runoff form development and redevelopment. Habitats and species of local importance will also be protected in this manner. AH-4: If wetlands are used as part of a storm drainage system, assure that water level fluctuations will be similar to fluctuations under natural conditions and that water quality standards are met prior to discharging stormwater into a wetland. AH-5: Habitat restoration efforts should focus on those areas that will result in the greatest benefit to the resource and that have been identified by the City as priority for restoration. The restoration of the Edmonds Marsh shall be a priority. AH-6: The City should develop basin stewardship and education programs to prevent surface water impacts and to identify opportunities for restoration. The following issues should be considered when formulating plans and implementing projects which have the potential to impact stream basins: public access, respect for private property, restoration of the feature to a more natural state, retention of native vegetation, improvement of surface water management in the basin, improvement of fish habitat and channel substrate, and streambank stabilization. AH-7: Streams shall not be permanently altered except for: Habitat restoration; Water quality restoration; Flood protection; Correction to bank erosion; Road crossings when alternative routes are not feasible; or Private driveway crossings when it is the only means of access. Packet Page 30 of 89 DRAFT February 3, 2010 4 Alterations, other than habitat improvements, should only occur when it is the only means feasible and should be the minimum necessary. Any alteration to a stream should result in a net improvement to habitat and streams should be encouraged to return to natural channel migration patterns, where feasible. In cases where stream alteration is consistent with this policy, channel stabilization techniques shall generally be preferred over culverting. AH-8: Identify surface water features with restoration potential and attempt to obtain citizen involvement and community consensus on any future attempt to restore features which have been altered. Restoration efforts may include the daylighting of streams which have been diverted into underground pipes or culverts. AH-9: Solutions to stream habitat problems should focus on those types of problems that first protect and preserve existing habitat, then enhance and expand habitat in areas where wild anadromous fish are present, and lastly, enhance and expand habitat in areas where other wild fish are present. AH-10: The City shall work with citizens and watershed interest groups, and cooperate with King County, Snohomish County, and other local governments, regional governments, state agencies, and Indian tribes in developing and implementing watershed action plans and other types of basin plans for basins which include or are upstream or downstream from the City. PROGRAM AREA 4: Stormwater Utility Funding The Stormwater Utility Funding program area is designed to meet Goals A, B, C & D by setting forth the following policies: SWUF-1: The utility will have primary authority and responsibility for funding the implementation the City’s Comprehensive Surface and Stormwater Management Plan, including: • Responsibilities for planning, design, construction, maintenance, administration, and operation of all city storm and surface water facilities, • Establishing standards for design, construction, and maintenance of improvements on private property where these may affect storm and surface water management, and • Implementation of water quality and aquatic habitat policies. SWUF-2: All parcels in the City will be charged a fee as set by the City Council that will be used to fund stormwater programs detailed in the Storm and Surface Water Comprehensive Plan. The rate will be based on the number of Equivalent Service Unit (ESU) on each parcel. One ESU shall represent 3,000 square feet of impervious area. All zoning types except single family residential shall be charged based on the actual impervious surface area on the parcel at the rate defined by City Council per one ESU. The minimum charge shall be one ESU. SWUF-3: Each single family parcel shall be charged the rate for one ESU, regardless of the actual impervious surface area on the parcel. The Public Works Director, may impose a fee larger than one ESU on any single family parcel causing an unreasonable burden on the storm or surface water system. SWUF-4: Acknowledge that all residents benefit from using the paved (impervious) surfaces within the City’s right-of-ways and these impervious surfaces create a significant burden and cost to the City’s stormwater system that must be adequately funded to maintain in working order and to comply with applicable Federal, state and local water quality regulations. Packet Page 31 of 89 DRAFT February 3, 2010 5 SWUF-5: In addition to any other charge prescribed by this chapter, a stormwater management system development charge shall be paid prior to the issuance of any building permit or development permit issued under the Edmonds Community Development Code (“permit”) by the owner of any property, residential dwelling unit, or other structure that may hereafter be constructed in the city which benefits from the stormwater utility system constructed by the city. The stormwater management system development charge shall be set by City Council based on the number of ESU added to or created by the permit. SWUF-6: The City’s Public Works Director shall make adjustments to the said utility rates in an accordance with the following provisions: • Upon written application, a customer may request review said utility fee. The applicant shall state the specific conditions and/or facilities on the site which the applicant feels warrants adjustment of the rate as applied to the property. • The Public Works director shall have the authority to increase or decrease rates up to 50 percent of the level set by City Council. Factors personal to the property owner, such as ability to pay (, shall not be considered. The sole criteria for adjusting the rate shall be a determination that the physical characteristics of the site and in particular the stormwater detention, retention and/or treatment facilities as installed thereon by the owners, or lack thereof, have significantly: o Increased the burden which the property places upon the City’s stormwater utility (in the event of an increase) or o Decreased the burden (in the event of a decrease) by providing additional benefits over and above those which the average property places upon the utility through on-site improvements including but not limited to on-site pollution control mechanisms or technologies which relate to water quality and the property’s impact upon the city’s stormwater management system. SWUF-7: If the owner of a single family parcel qualifies for a “low income senior citizen exemption” as determined by the County Assessor under RCW 84.36.381 is exempt paying from said utility fee as long as the owner remains a “low income senior citizen.” It shall be the responsibility of the property owner to demonstrate qualifications for this fee exemption. SWUF-8: Acknowledge that any new or replaced City-owned transportation project will be required to comply with all stormwater management requirements in ECDC 18.30. In meeting these requirements, the transportation projects will incur significant costs. To off-set these cost, for budgeting purposes, 15 percent of the cost all Council-approved transportation projects with significant storm drainage infrastructure would be funded though the stormwater utility and this amount will be reflected in the rate structure. SWUF-9: The City shall actively seek outside funding to leverage or complement utility funds in order to implement the City’s Comprehensive Storm and Surface Water Management Plan such as: • Local, state and federal grants • Loans such as from the Public Works Trust Fund • Future bond measures • Other cross-jurisdictional funding mechanisms Packet Page 32 of 89 AM-2756 1.G. Removal of Colored Street Markings Used Located Utilities City Council Committee Meetings Date:02/09/2010 Submitted By:Jana Spellman Submitted For:Councilmember Plunkett Time:15 Minutes Department:City Council Type:Information Committee:Community/Development Services Information Subject Title Continued discussion regarding the removal of colored street markings used locating utilities. Recommendation from Mayor and Staff For discussion only. Previous Council Action At the December 8, 2009 Council Committee Meeting, Councilmember Orvis reviewed Councilmember Plunkett’s memo in regards to removing colored street markings. Staff expressed concerns about the feasibility of removing the paint marks required by the utility locate laws. The markings could be covered over with black paint on asphalt surfaces. Eventually the black paint wears off which then exposes the original color paint. Black would also not match the concrete surfaces. Pressure washing off the paint usually scars the concrete and asphalt surfaces. The paint usually fades and wears off in a matter of months. The committee decided that more research is needed for this item. Narrative Attached is an email from the City Attorney's office which outlines the City's legal authority in the matter. It should be noted that if the City made it a requirement to remove colored street markings for utility locating, significant staff time would be required to monitor the removal of the markings. In addition, staff would also be required to remove the markings for City constructed improvements in the City right-of-way. This would necessitate the City to hire an additional full time employee to meet the additional labor need. As was previously discussed, there is no perfect method to remove the paint. Pressure washing is very time consuming and in many cases will leave permanent marks on the pavement. Also, the new storm water regulations require the wash water to be collected and disposed of into a wastewater treatment system. Fiscal Impact Fiscal Year: Revenue: Expenditure: Fiscal Impact: To be determined Attachments Link: Packet Page 33 of 89 Link: City Attorney Correspondence - Colored Street Markings Link: Councilmember Plunkett Memo - 9-21-09 Colored Street Marking Link: Citizen Email Correspondence Form Routing/Status Route Seq Inbox Approved By Date Status 1 Public Works Noel Miller 02/04/2010 11:21 AM APRV 2 City Clerk Sandy Chase 02/04/2010 11:36 AM APRV 3 Mayor Gary Haakenson 02/04/2010 11:43 AM APRV 4 Final Approval Sandy Chase 02/04/2010 12:30 PM APRV Form Started By: Jana Spellman  Started On: 01/25/2010 03:06 PM Final Approval Date: 02/04/2010 Packet Page 34 of 89 Packet Page 35 of 89 Packet Page 36 of 89 Packet Page 37 of 89 Packet Page 38 of 89 Packet Page 39 of 89 AM-2795 1.H. Discussion on PRD Setbacks City Council Committee Meetings Date:02/09/2010 Submitted By:Jana Spellman Submitted For:Councilmember Orvis Time:15 Minutes Department:City Council Type:Information Committee:Community/Development Services Information Subject Title Discussion on PRD setbacks. Recommendation from Mayor and Staff Previous Council Action Narrative Councilmember Orvis asked that this be placed on the agenda for discussion. Fiscal Impact Attachments Link: Orvis PRD Fix Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 02/04/2010 11:16 AM APRV 2 Mayor Gary Haakenson 02/04/2010 11:43 AM APRV 3 Final Approval Sandy Chase 02/04/2010 12:30 PM APRV Form Started By: Jana Spellman  Started On: 02/04/2010 10:48 AM Final Approval Date: 02/04/2010 Packet Page 40 of 89 PRD Ordinance Amendment Our PRD ordinance requires a landscape buffer surrounding a PRD if homes along the exterior of the PRD are clustered (have reduced side setbacks). By ordinance, the depth of the buffer is equal to the rear set-back of the applicable zone. For example, 15 feet in RS 8. Council minutes indicate that the intent was to reduce the visual impact of clustering (the impact being a “solid wall” appearance compared with more traditional single family spacing). Unfortunately, in a recent court decision, the judge ruled that the landscape buffer may overlap the set-back area. The court’s decision allows the bizarre result that homes may be built and sold with entirely useless back yards. No swing sets, no grills, no patio or deck, just a required landscape buffer from the rear wall of the dwelling to the edge of the lot. This is bad policy, and could result in a very nasty surprise for home buyers. It could also become an enforcement issue for the City. I suggest that you amend the ordinance to make it clear that the landscape buffer may not overlay required setbacks. You need not be too concerned with whining from developers, since they are not required to provide the landscape buffer unless they choose first to do a PRD, and second to cluster exterior lots. If they are working on a PRD where they do not wish to provide the required buffer, they can simply develop the exterior lots with normal side setbacks and no additional buffer would be required. Packet Page 41 of 89 AM-2796 1.I. Discussion on Conditional Use Permits for Home Occupations City Council Committee Meetings Date:02/09/2010 Submitted By:Jana Spellman Submitted For:Councilman Plunkett Time:15 Minutes Department:City Council Type:Information Committee:Community/Development Services Information Subject Title Discussion on Conditional Use Permits for home occupations. Recommendation from Mayor and Staff Previous Council Action Narrative Councilman Plunkett asked that this be placed on the agenda. Please refer to the attached memorandum. Fiscal Impact Attachments Link: PLUNKETT CUP Administrative Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 02/04/2010 11:16 AM APRV 2 Mayor Gary Haakenson 02/04/2010 11:43 AM APRV 3 Final Approval Sandy Chase 02/04/2010 12:30 PM APRV Form Started By: Jana Spellman  Started On: 02/04/2010 10:51 AM Final Approval Date: 02/04/2010 Packet Page 42 of 89 Packet Page 43 of 89 AM-2791 2.A. Alderwood Water Supply Contract Final Review City Council Committee Meetings Date:02/09/2010 Submitted By:Kim Karas Submitted For:Noel Miller Time:10 Minutes Department:Public Works Type:Action Review Committee:Finance Committee Action: Information Subject Title Alderwood Water Supply Contract final review. Recommendation from Mayor and Staff It is recommended that the agreement be reviewed and forwarded to the City Council for approval once the contract is prepared in its final form. Previous Council Action Status Reports were provided to the Finance Committee on June 9 and November 10, 2009. Narrative For the past two years, Edmonds staff have been participating in a collective negotiation with the Alderwood Water District, the Mukilteo Water District, the City of Lynnwood, and the City of Mountlake Terrace in order to revise an existing long term wholesale water supply contract which has been in effect since 1978. Attached is the Final Draft of the proposed wholesale water supply agreement which will serve as the primary source of potable water for the City of Edmonds for the next 45 years. The City Attorney previously provided a memo, which is included, summarizing the overall legal considerations of the contract. Negotiations since that time have addressed many of the concerns raised in his memo. The third attachment shows the financial impact of the contract comparing the current contract formula to the new contract formula. The overall effect to the wholesale pricing of water is an estimated increase of 5.7% to the water utility purchases. This will result in a net expenditure increase of 2% to the City’s water budget. The effective date of the new contract will be September 20, 2010. In comparison, the cost of water using the Seattle Public Utilities contract is 18% higher in the low demand season (October through April) and 80% higher in the high demand season (May through September) than the proposed Alderwood contract. Fiscal Impact Attachments Link: Exhibit 1 - Wholesale Water Agreement of 12-01-09 Packet Page 44 of 89 Link: Exhibit 2 - Memo from City Attorney Link: Exhibit 3 - Contract Pricing Formula Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 02/04/2010 01:55 PM APRV 2 Mayor Gary Haakenson 02/04/2010 02:44 PM APRV 3 Final Approval Sandy Chase 02/04/2010 03:06 PM APRV Form Started By: Kim Karas  Started On: 02/03/2010 01:00 PM Final Approval Date: 02/04/2010 Packet Page 45 of 89 Packet Page 46 of 89 Packet Page 47 of 89 Packet Page 48 of 89 Packet Page 49 of 89 Packet Page 50 of 89 Packet Page 51 of 89 Packet Page 52 of 89 Packet Page 53 of 89 Packet Page 54 of 89 Packet Page 55 of 89 Packet Page 56 of 89 Packet Page 57 of 89 Packet Page 58 of 89 Packet Page 59 of 89 Packet Page 60 of 89 Packet Page 61 of 89 Packet Page 62 of 89 Packet Page 63 of 89 Packet Page 64 of 89 Packet Page 65 of 89 Packet Page 66 of 89 Packet Page 67 of 89 Packet Page 68 of 89 Packet Page 69 of 89 Packet Page 70 of 89 Packet Page 71 of 89 Packet Page 72 of 89 Packet Page 73 of 89 Packet Page 74 of 89 Packet Page 75 of 89 Packet Page 76 of 89 Packet Page 77 of 89 Packet Page 78 of 89 Packet Page 79 of 89 Packet Page 80 of 89 Packet Page 81 of 89 AM-2802 2.B. Wireless Internet Rollout in Council Chambers City Council Committee Meetings Date:02/09/2010 Submitted By:Sandy Chase Submitted For:Lorenzo Hines, Finance Director Time:15 Minutes Department:City Clerk's Office Type:Information Committee:Finance Information Subject Title Wireless internet rollout in Council Chambers. Recommendation from Mayor and Staff Previous Council Action Narrative An update on this topic will be provided at the meeting. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 02/04/2010 02:23 PM APRV 2 Mayor Gary Haakenson 02/04/2010 02:44 PM APRV 3 Final Approval Sandy Chase 02/04/2010 03:06 PM APRV Form Started By: Sandy Chase  Started On: 02/04/2010 02:21 PM Final Approval Date: 02/04/2010 Packet Page 82 of 89 AM-2792 2.C. Funding Proposal for the Building Maintenance Fund 116 City Council Committee Meetings Date:02/09/2010 Submitted By:Kim Karas Submitted For:Noel Miller Time:15 Minutes Department:Public Works Type:Action Committee:Finance Information Subject Title Funding proposal for the Building Maintenance Fund 116. Recommendation from Mayor and Staff Authorize an additional source for funding for Building Maintenance Fund 116 to preserve and keep City Buildings functioning utilizing half of the $600,000 in proceeds from the sale of equipment associated with the City's Fire Stations to Snohomish County Fire District No. 1. Previous Council Action None. Narrative The City of Edmonds building facilities are in need of augmented capital funding support to preserve and maintain their safety and serviceability. There continues to be an increasing backlog of project work required for their preservation, and the historic level of transfers from the general fund to capital facilities projects Fund 116 is a quarter of what is truly needed. At this level, there are entire projects listed in the Capital Improvement Program (CIP) in excess of this annual funding that otherwise stand never to be done. Unless we begin to address this shortfall now, we will see increasing instances of costly emergency repairs brought on by deferring repair and renovation projects among our facilities. Our buildings are growing older; the newest is Fire Station #16, and it sees its seventh year of service in 2010. Public Safety, the next youngest, attains its eleven-year anniversary. None of us would envision purchasing and operating a new car for these periods of time without foreseeing that there are significant bills coming for adequate upkeep. The new 2010-16 CIP which is attached identifies projects that are needed to keep our building facilities safe and operable. However, the gap between planned funding for capital projects and what is needed is also readily apparent. In 2009, the City contracted with Fire District #1 to provide emergency fire and medical services. As part of this contract, the district paid a one-time sum of $600,000 to the City for the purchase of equipment associated with the three fire stations. In this agreement, the City opted to retain ownership of the stations because of the revenue from transport fees, but ownership of these stations also requires maintaining them and eventually replacing them when the time comes. This understanding supports the reinvestment of this funding into facilities the City must keep in service, and because it relieves additional pressure from the already-strained revenue underpinning the general fund. Packet Page 83 of 89 At the start of this calendar year, there is approximately $100,000 carried over in Fund 116, Facilities Maintenance Capital Projects. The highest priority projects will easily deplete the available funds and keep the City from making progress into the growing project backlog. The most needed projects that cannot be fully funded is the renovation work for the Edmonds Historical Museum. Insufficient funding leaves the City in a position not to take advantage of a state grant, already conditionally awarded and now held in reserve. This grant will fund 1/3 of the estimated $150,000 cost to complete a full renewal of the building’s exterior envelope. Without additional capital support, this unique opportunity to leverage increasingly scarce state funding for the work on the Museum will be lost. Additionally, there is HVAC work and other repair work that needs to be done at the fire stations. By the conscious choice to keep ownership of the fire stations, the City is now obligated to address the capital needs of these three buildings operated today by Fire District #1. For a number of years now, the Capital Improvement Program projected for the City’s facilities under Fund 116 has documented a need for approximately $200,000 per year more than is regularly scheduled to be allocated. Due to the current shortage of revenue into the City’s General Fund, there are no annually stable sources of funding available to increase the transfer to meet this need. Therefore staff recommends setting aside $300,000 of the $600,000 for the purpose of investing in the useable life of the City’s facilities. This money would fund the following priority projects: 2010 Museum Exterior Repairs $100,000 ($48,000 state match added) Anderson Center Roof Replacement $30,000 FS #16 Painting $5,000 FS #17 Carpet $12,000 Cemetery Bldg. Gutters $5,000 Wade James Gutters $5,000 2011 Anderson Center Radiators $75,000 Wade James Roof Replacement $30,000 2012 Anderson Center Oil Tank $30,000 FS #20 Interior Painting $10,000 Fiscal Impact Attachments Link: CIP-2009-2015-Facilities-1-25-10 Packet Page 84 of 89 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 02/04/2010 12:36 PM APRV 2 Mayor Gary Haakenson 02/04/2010 12:51 PM APRV 3 Final Approval Sandy Chase 02/04/2010 01:55 PM APRV Form Started By: Kim Karas  Started On: 02/03/2010 01:55 PM Final Approval Date: 02/04/2010 Packet Page 85 of 89 Capital Improvements Program Buildings Maintenance- Fund 116 Projects for 2009-2015 PROJECT NAME 2009 2010 2011 2012 2013 2014 2015 ADA Improvements- City Wide $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 Anderson Center Interior Painting $10,000 $40,000 Anderson Center Exterior Painting $30,000 $30,000 Anderson Center Radiator Replacement $25,000 $50,000 $35,000 Anderson Center Exterior Repairs $65,000 Anderson Center Blinds $20,000 Anderson Center Asbestos Abatement $50,000 Anderson Center Flooring/Gym $15,000 $50,000 Anderson Center Countertop Replacement $10,000 Anderson Center Oil Tank Decommissioning $30,000 Anderson Center Elevator Replacement $150,000 Anderson Center Roof Replacement $30,000 $25,000 Cemetery Building Gutter Replacement $5,000 City Hall Elevator Replacement $150,000 City Hall Exterior Cleaning and Repainting $25,000 $20,000 City Hall Security Measures $20,000 City Park Maint. Bldg. Roof $35,000 Grandstand Exterior and Roof Repairs $50,000 $80,000 Fire Station #16 Painting $5,000 Fire Station #16 Carpet $30,000 Fire Station #16 HVAC Replacement $20,000 Fire Station #17 Carpet $12,000 Fire Station #17 Interior Painting $15,000 Fire Station #20 Carpet $15,000 Fire Station #20 Interior Painting $10,000 Fire Station #20 Stairs and Deck Replacement $35,000 Library Fire Alarm System Replacement $30,000 Library Plaza Appliance Replacement $4,500 Library Plaza Brick Façade Addition $21,000 Library Wood Trim Meadowdale Clubhouse Roof Replacement $15,000 Meadowdale Flooring Replacement $20,000 Meadowdale Clubhouse Gutter Replacement $10,000 Meadowdale Clubhouse Ext. Surface Cleaning Meadowdale Clubhouse Fire Alarm Replacement $25,000 Museum Exterior Repairs $150,000 Public Safety Chiller Repair $50,000 Public Safety/Fire Station #17 Soffit Installation $2,000 Public Safety Exterior Painting $35,000 Public Safety Council Chamber Carpet Public Works Yard LED Lighting $28,000 Senior Center Misc Repairs & Maint.$10,000 $10,000 $10,000 $10,000 $10,000 $10,000 Senior Center Entry (CDBG/CTED Funding)$170,000 Senior Center CMU Elastomeric Sealing (CDBG)$150,000 Senior Center Roofing $97,000 Senior Center Siding (CTED)$60,000 Wade James Theater Gutter Replacement $5,000 Wade James Theater Roof Replacement $30,000 Total Facilities Projects $170,000 $552,000 $436,500 $260,000 $256,000 $255,000 $255,000 Revenues and Cash Balances 2009-2015 Beginning Cash Balance $51,300 $107,900 $38,900 $7,116 $2,116 $1,116 $1,116 Interest Earnings $0 $0 $0 $0 $0 $0 $0 Transfer from Gen Fund #001 $56,600 $250,000 $254,716 $255,000 $255,000 $255,000 $255,000 Sno. Co. CDBG 2005 Grant (Secured)$130,000 $0 $0 $0 $0 $0 $0 CTED Grants $40,000 $157,000 $0 $0 $0 $0 $0 Sno. Co. CDBG Grant (Not Secured)$0 $0 $150,000 $0 $0 $0 $0 EECBG Funding (Secured)$28,000 Utility Grant Funding (Not Secured) WA State HCPF Grant Funding (Secured)$48,000 $0 $0 $0 $0 $0 Total Revenues $277,900 $590,900 $443,616 $262,116 $257,116 $256,116 $256,116 Total Facilities Projects $170,000 $552,000 $436,500 $260,000 $256,000 $255,000 $255,000 Ending Cash Balance $107,900 $38,900 $7,116 $2,116 $1,116 $1,116 $1,116 Items in blue font are funded through normal allocations. Items highlighted in yellow are added with supplemental funding. Packet Page 86 of 89 AM-2801 2.D. Difference Between November 2009 Finance Update and January 25, 2010 Update City Council Committee Meetings Date:02/09/2010 Submitted By:Sandy Chase Submitted For:Councilmember Michael Plunkett Time:15 Minutes Department:City Clerk's Office Type:Information Committee:Finance Information Subject Title Discussion and review of long-term difference between presentation in relation to the Fire District 1 Contract in November of 2009 and finance update of January 25, 2010. Recommendation from Mayor and Staff Previous Council Action Narrative Councilmember Plunkett requested that this topic be placed on the agenda for discussion. Councilmember Plunkett provided the attached copy of the 10-16-09 Option 4 Finance Forecast with the Fire District 1 Contract. Fiscal Impact Attachments Link: 10-16-09 Option 4 - Forecast with FD1 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 02/04/2010 02:23 PM APRV 2 Mayor Gary Haakenson 02/04/2010 02:44 PM APRV 3 Final Approval Sandy Chase 02/04/2010 03:06 PM APRV Form Started By: Sandy Chase  Started On: 02/04/2010 02:07 PM Final Approval Date: 02/04/2010 Packet Page 87 of 89 Packet Page 88 of 89 Packet Page 89 of 89