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04/20/1993 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES" April 20, 1993 THESE MINUTES WERE APPROVED BY THE EDMONDS CITY COUNCIL ON APRIL 27, 1993 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Laura Hall at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT Laura Hall, Mayor Dave Earling, Council President Steve Dwyer, Councilmember Michael Hall, Councilmember William Kasper, Councilmember John Nordquist, Councilmember Jeff Palmer, Councilmember Tom Petruzzi, Councilmember Sara Belz, Student Representative STAFF Paul Mar, Community Srv. Dir Dan Prinz, Police Chief Chuck Day, Accounting Mgr. Dan Prinz, Police Chief Bob Alberts, City Engineer Noel Miller, Public Works Supt. Rhonda March, City Clerk Scott Snyder, City Attorney Barb Mehlert, Recorder CONSENT AGENDA Items (B), (I), and (J) were removed from the Consent Agenda. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items are as follows: (A) ROLL CALL �i`4S o71� (C) APPROVAL OF CLAIMS WARRANTS FOR WEEKS OF APRIL 5 AND APRIL 12, 1993 N �_ tQ (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM JILLAYNE SCHLICKE AND MARK PERE ($121.73) i \,Vrj 5 ( E ) REPORT ON FINAL CONSTRUCTION COSTS ON THE THIRD AVENUE CURB REPLACEMENT PROJECT AND COUNCIL ACCEPTANCE OF PROJECT ACCEPTANCE OFUTILITY IEASEMENT FROM GERALD HIGLEY AT 20229 83RD AVE. W. IN CONJUNCTION WITH P(File No. S 3 88) (G) REPORT ON FINAL CONSTRUCTION COSTS ON LIBRARY BOOK DROP PROJECT AND ACCEPTANCE OF PROJECT - y�C rr (H) REPORT OF COMPLETION OF WORK BY KATHOL ROOFING ON THE FRANCES ANDERSON CENTER GYM ROOF RE n�0 dr PAIR PROJECT AND ACCEPTANCE OF PROJECT &JO (K) ORDINANCE 2918 AMENDING PROVISIONS OF EDMONDS CITY CODE SECTION 5.32.107 REGARDING THE TAKING AND POSSESSION OF SHELLFISH TO INCLUDE WAC 220-56-312 (L) ORDINANCE 2919 AMENDING SECTION 20.90.010(B)(1)(a) ON PUBLIC HEARINGS AND NOTICE (M) ORDINANCE 2920 AMENDING SECTION 16.20.040.(A) ON SINGLE-FAMILY RESIDENTIAL "AVERAGE FRONT VJ SETBACK" tz (N) ORDINANCE 2921 AMENDING SECTION 16.60.020(A)(2) ON GENERAL COMMERCIAL ZONES SUBJECT TO REVIEW AND COMPLIANCE WITH ECDC CHAPTER 20.12 (ADB LANDSCAPE REQUIREMENTS) V (0) ORDINANCE 2922 AMENDING CHAPTER 20.50 DELETING CHAPTER REGARDING SETBACK ADJUSTMENTS (P) ORDINANCE 2923 AMENDING SECTION 20.95.050(B)(2) & (3) ON CLARIFYING APPLICATION AND STAFF REVIEW DEADLINES (Q) ORDINANCE 2924 AMENDING SECTION 21.25.010 TO CREATE NEW DEFINITION FOR "EASEMENT" v (R) ORDINANCE 2925 AMENDING SECTION 21..80.065 TO CREATE A DEFINITION FOR "PLANNING OFFICIAL" (S) ORDINANCE 2926 AMENDING SECTION 21.110.010 TO CREATE A DEFINITION FOR THE TERM "VACATION" (T) ORDINANCE 2927 AMENDING SECTIONS 15.00.020(C(9) AND 18.070.060 FOR STREET USE PERMIT FEES AND RENEWALS. �X �1\ APPROVAL OF MINUTES OF APRIL 6, 1993 (Item (B) in the Consent Agenda COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE MINUTES OF APRIL 6, 1993 INCLUDING THE CORRECTION IN THE .LATE PACKET. MOTION CARRIED. AUTHORIZATION TO CALL FOR BIDS TO REPLACE UNIT #20, A 1980 DUMP TRUCK IN THE STREET SECTION Item I on the Consent Agenda. Councilmember Kasper said he would vote against this item (reasons stated below). Councilmember d Petruzzi asked Noel Miller, Public Works Superintendent if the City will realize labor,, and other related expenses because of the larger truck which will haul twice the load, and Mr. Miller replied affirmatively. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER EARLING, TO AP- PROVE ITEM (I) ON THE CONSENT AGENDA. MOTION CARRIED with Councilmember Kasper voting no as he is against expending these funds at this time until an updated report is made to the Council on the City's financial status. AUTHORIZATION TO CALL FOR BIDS TO PURCHASE EXTRUDED CURBING MACHINE (Item (J) on the Consent Agenda COUNCIL PRESIDENT EARLING 'MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE ITEM (J). MOTION CARRIED with Councilmember Kasper voting no for the reasons stated above, and he also feels this type of equipment could be rented as needed instead of the city outright purchasing it. AUDIENCE Dee Giguere, 1018 Walnut Street, member of the Neighborhood Traffic Control Group, presented the City Clerk with a petition containing 54 additional signatures to the already 379 signatures that have been turned into the City referencing and asking that the Transportation Study currently underway include provisions that study be given to decreasing the traffic in Edmonds. Ms. Giguere said currently, the Transportation Study only discusses improving and increasing the traffic flow through the City. Councilmember Palmer asked Ms. Giguere if she has presented the correspondence shared in the past with Councilmembers to the appropriate staff members and Ms. Diguire replied affirmatively. Henry Ruckly, resident of Edmonds, said the four way stop and flashing light at 220th and 9th works great. Mr. Ruckly commended the City on placing the four way stop at that location. Lars Olson, 561 Pine Street, said he is associated with the Neighborhood Traffic Control Group. Mr. Olson said his main concern is the speeding on 220th. Mr. Olson said he has seen a large increase in speeding since he first moved here in 1985. Mr. Olson said it is increasingly danger- ous for children and other pedestrians to walk or play in the streets due to the excessive speed- ing. Mr. Olson also stated many vehicles travelling through the local neighborhoods are on their way somewhere else and use the neighborhoods for shortcuts and do not have any regard for the neighborhood. Robin Wright, 1039 Walnut Street, said the Transportation Study is focusing on improving the traffic flow, when perhaps it should be focusing on how we can make the streets safer and how we can slow down the speed through our neighborhoods. Mayor Hall thanked the audience members for their participation. PRESENTATION BY SCOTT PALM ON STATE FUNDING FOR PERSONS WITH DISABILITIES AND COUNCIL PASSAGE 0 ns �L�u Personnel Manager Brent Hunter introduced Public Works Employee Scott Palm. Mr. Palm, who is Jl disabled, is requesting the City Council adopt a resolution encouraging the State Legislature to continue funding services for persons with disabilities. Mr. Palm enters data in the new automat- ed Maintenance Management System in the Public Works Division, and has been an employee since January of 1993. Mr. Palm illustrated a slide presentation to the Mayor and Council outlining his job responsibili- ties. It was noted that the State provides much of the funding for his position as well as the computer he utilizes to communicate. Mr. Palm asked the Mayor and Council to adopt the Resolu- tion, which encourages the Washington State Legislature to continue its financial support for services provided to citizens of our State who have disabilities. Noel Miller, Public Works Superintendent, said Mr. Palm is a productive employee who is a posi- tive asset in his department. EDMONDS CITY COUNCIL APPROVED MINUTES Page 2 April 20, 1993 After the slide presentation, Council President Earling thanked Mr. Palm for coming to the meet- ing on this issue. Council President Earling said after seeing and hearing Mr. Palm's presenta- tion, he cannot help but support the resolution. Mayor Hall read the resolution into the record, which in part, stated the the Mayor and Edmonds City Council believe employment assistance for persons with disabilities is a valuable long-term public investment and asked the State to continue funding for persons with disabilities. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO APPROVE RESOLUTION 768, A RESOLUTION TO ENCOURAGE THE WASHINGTON STATE LEGISLATURE TO CONTINUE FUNDING SERVICES FOR PERSONS WITH DISABILITIES. MOTION CARRIED. PROCLAMATION FOR "EARTH DAYS IN EDMONDS" ON APRIL 22, 23, AND 24 Mayor Hall proclaimed Thursday, April 22, 1993, to be "EARTH DAY" and called upon all citizens to join in this community effort, and to continue their dedication to such programs throughout the year. Mayor Hall said Earth Day is observed annually to promote awareness of Earth's life sustain- ing ecosystem and the importance of preserving its integrity through education and wise steward- t ship. Mayor Hall read the Proclamation into the record. HEARING ON LID 213 FINAL ASSESSMENT ROLL AND ADOPTION OF ORDINANCE CONFIRMING THE FINAL ASSESS- MENT ROLL City Attorney Scott Snyder asked City Clerk Rhonda March if she received any written objections from citizens on the subject LID by 5:00 this afternoon, which was the deadline for public com- ment. City Clerk Rhonda March replied negatively. Bob Alberts, City Engineer, said this public hearing is for the final assessment roll for LID 213. The LID was for the installation of sanitary sewers for fifty-one (51) parcels as shown in Exhibits A and B. The final assessment roll was shown in Exhibit A of the Agenda Memo, and the final cost per lot is $7,439.41, which is less than the estimated cost of $8,277.91 shown in the preliminary assessment roll approved in April 1992. Mr. Alberts said in accordance to the notice provided to all owners, no written objections to the final assessment roll have been received at the time of this report. Mayor Hall noted no one had singed up on the hearing sign-up sheet and asked audience members to come forward if they wished to speak on this subject. As no one came forward, Mayor Hall closed the public portion of the hearing. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ADOPT ORDINANCE 2928 CONFIRM- ING THE FINAL ASSESSMENT ROLL FOR LID 213. MOTION CARRIED. �a COUNCIL AND PUBLIC DISCUSSION OF AD HOC COMMITTEE RECOMMENDATION ON ADDITIONAL OF COMMUTER RAIL ELEMENT FROM EVERETT TO SEATTLE AND POTENTIAL IMPACT ON PROPOSED MULTI -MODAL FACILITY Mayor Hall announced the Edmonds Chamber of Commerce has recently taken a position supporting the City's position on moving the ferry to the UnoCal site and making the UnoCal property into a multi -modal transportation facility. Council President Earling noted this is listed as a discussion item only. Council President Farl- ing introduced Mike Smith, a Transportation Planning Consultant for the City of Everett, who made an informational presentation. Mr. Smith said he is not here to promote or advocate against commuter rail. Mr. Smith said he is here to share information on what has been done so far. Mr. Smith said this is the beginning of commuter rail planning, and no where near to an implementation phase. Mr. Smith referenced the Ad -Hoc Committee's recent decision to add commuter rail as part of the plan text, but with no RTP funding. Mr. Smith said the Ad -Hoc Committee included it because in order to get any State fund- ing it must be in a system plan. Mr. Smith said there any many questions to be answered concerning commuter rail and extensive study has to take place before any decisions are made. Regarding commuter rail and Edmonds, Mr. Smith said one assumption is that train speeds would have to be increased through Edmonds, which brings up the present situation of at -grade crossings. Mr. Smith said the total cost of the project is estimated to be $92 million dollars which include monies for four new locomotives and four coaches, construction of railroad lines, and station improvements. Mr. Smith said this project would be a definite regional effort. EDMONDS CITY COUNCIL APPROVED MINUTES Page 3 April 20, 1993 Council President Earling said he is concerned by the motion made and passed at the last Ad -Hoc Committee meeting, which added commuter rail as part of the plan text, but with no RTP funding. He is concerned because the Edmonds City Council was not given the opportunity to discuss the Ad -Hoc Committee's position with the public and amongst themselves before the vote took place. Council President Earling said -this is why he placed this discussion item on the agenda, so the public would have an opportunity voice their opinion. Tim Raetzloff, 1428 9th Ave. N. said he is in favor of going ahead with further study on this issue. Mr. Raetzloff said he is also interested in studying the possibility of passenger only ferries. Barbara Gold, 903 Cary Road, referenced a recent letter she wrote to the newspaper. Ms. Gold said there are many problems to be dealt with including lack of parking, her view of the inability of the railroad companies to adhere to a time schedule. Ms. Gold said she is not against commuter rail, but she is against using the Burlington Northern tracks for it. Mr. Morrison, 250 Beach Place, read from a prepared statement, which he gave to City Clerk Rhonda March, who marked it Exhibit #1. Mr. Morrison said he is a member of the Puget Sound Light Rail Society, who has and is proposing a light rail plan would would cost 1/4 less than the proposed commuter rail project. Mr. Morrison said he is in favor of the UnoCal site being used for an intermodal facility, as he feels the present site of the ferry dock could then be opened up for public use. Mr. Morrison said in the long run, he is in favor of the Burlington Northern propos- al, which would take care of the City's transportation needs well into the next century. James Blossey, 8724 Main Street, Executive Director for the Edmonds Chamber of Commerce, refer- enced the resolution the Chamber recently passed which supports the City of Edmonds position encouraging the pursuit of development of a multi -modal transportation facility at the site of the present UnoCal property and relocation of the Edmonds Ferry Terminal to that site. Mr. Blossey said the Chamber of Commerce has performed community surveys regarding this issue, and said results of the surveys indicate that displacement of existing businesses as a result of relocating to the UnoCal site would be minimal in comparison to displacement which would result from construction of an overpass, ramps, access and holding facilities at the present location. Don Bartholomaus, member of the Board of Directors of the Chamber of Commerce emphasized that any negative economic impact from a move would likely be offset by increased passenger traffic, at- traction of new businesses to the relocated terminal area, and other developmental factors. Sally Hyde, 19115 93nd Ave. West, thanked Council President Earling for having this discussion. Ms. Hyde said she endorses the concept of looking to gather more information on the commuter rail concept. Ms. Hyde believes commuter rail would be very good for the city and would be extensively used. Pat Thorpe, President of the Edmonds Chamber of Commerce, said she believes there are four very important points brought up in the Chamber of Commerce Resolution: 1) The Chamber supports the pursuit of development of a multi -modal transportation facility at the site of the present UnoCal property and relocation of the Edmonds Ferry site; 2) The City of Edmonds should assure the con- tinued viability of the downtown business are through actions such as implementation of regular shuttle service between the terminal and downtown Edmonds; 3) The City should retain and enhance the existing waterfront area for multiple public -benefit use; and 4) The Chamber, representing the business community of Edmonds, will continue to be included in the planning process for the entire Edmonds waterfront area. Roger Hertrich, 1020 Puget Drive, thanked the Council for the opportunity to speak. Mr. Hertrich has many concerns with the commuter rail concept. Mr. Hertrich said the increased speed from 40 to 50 miles an hour through Edmonds would be a great negative to the City, along with the pro- posed double tracking. Mr. Hertrich said the traffic generated by such a facility would negative- ly impact the City and would produce gridlock. Mr. Hertrich said there are a great deal of ques- tions to be answered before this type of facility is planned. Mr. Hertrich said the City has to provide for all the problems it is going to make. Mr. Hertrich feels it wilt change the character of the City that has been residential throughout its history. Mr. Hertrich is in favor of the idea of commuter rail, but said there are a lot of questions and problems to be sorted out before the public should be asked to support such an idea. Robin Wright, 1022 Walnut Street, thanked the Council for the opportunity to speak. Ms. Wright said the business community has very strong feelings on this issue, and hopes the City sets up a mechanism whereby those businesses have an opportunity to provide input. Ms. Wright said many people who provided input at the Transportation Committee level felt their comments were not being heard, and felt they would not be brought forward since the Committee does not have the authority as the City Council has. Ms. Wright said public input is essential to this issue. EDMONDS CITY COUNCIL APPROVED MINUTES Page 4 April 20, 1993 Joe Camden, 1021 A Avenue, feels the City will be used as an in between point to get from Point A to Point B. Mr. Camden said there is excessive speeding in the city 'at present and neighborhoods are used by people commuting somewhere else. Mr. Camden said he is very concerned with the City being ridden by the transportation needs. Kay Howell, a 35-year resident of Edmonds, said she cannot picture commuter rail in this city. Mel Crutchley, 705 Driftwood Place, said there is approximately one railroad related death per year between Edmonds and Mukilteo. Mr. Crutchley said he is very concerned with the proposed increase in'train service which would mean a train would pass by every 15 minutes. Mr. Crutchley feels the ferry should be moved to downtown Seattle. Councilmember Palmer said the City does not have a whole lot of authority as to the increased growth to the north, south and west. Councilmember Palmer said we have to remember the tracks already run through the City. Councilmember Palmer said the City has no say on how many freight trains and passenger trains run through the City. He said the idea of commuter rail provides the City an opportunity to mitigate and discuss the impacts of commuter rail. Councilmember Palmer said in this way, the City will be able to make the best decisions possible. Councilmember Palmer said much more research has to be done. Councilmember Nordquist said he recently was in Chicago and had the opportunity to ride the com- muter rail line. Councilmember Nordquist said the City of Edmonds could become one major parking lot for the commuter rail and bus depot. Councilmember Nordquist said these are the type of is- sues the City needs to thoroughly address and get more specifics before any decisions are made. Council President Earling said he appreciates the comments made by everyone. Council President Earling feels the City Council should support the Ad Hoc Committee motion to give further consid- eration to commuter rail, but only with the condition that the Council's support is tied to con- struction of a multi -modal site at the UnoCal site. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER KASPER, THAT THE COUNCIL SUPPORTS THE MOTION PASSED BY THE AD -HOC COMMITTEE STATING THEIR INTEREST IN FURTHER CONSIDERATION TO COMMUTER RAIL, BUT ONLY WITH THE CONDITION THAT THE SUPPORT IS TIED TO CONSTRUCTION OF A MULTI -MODAL SITE AT THE UNOCAL SITE. Under discussion, Councilmember Palmer said the support should also be tied to safety issues such as increasing the safety of the at -grade crossings in Edmonds. THE MAKER AND SECONDER OF THE MAIN MOTION AGREED TO AMEND THE MOTION TO INCLUDE COUNCILMEMBER PALMER'S STATEMENT. THE AMENDMENT THEN CARRIED with Councilmember Hall voting no. THE MAIN MOTION CARRIED with Councilmember Hall voting no, as he was the one Councilmember who voted against relocating the ferry. Mayor Hall noted a short executive session will be held following Item 11 to discuss a legal and a contract matter. 1 REPORT BY BOB PEKICH OF SNOHOMISH HEALTH DISTRICT ON POWER OUTAGE AT TREATMENT PLANT AND CONTIN- UED COUNCIL DISCUSSION ON TREATMENT PLANT GENERATOR request from March 23, 1993 �0 ,Lt Bob Pekich of Snohomish Health District, addressed the Council regarding the January 20, 1993 l5 Sewage Treatment Plant spill. /o,k Mr. Pekich reviewed the report adopted by the Board of Health, which in part, stated the conclu- sion that the January 20 wind storm and resultant sewage spill demonstrated that the present backup electrical arrangement is not acceptable. Mr. Pekich said although the spill was not difficult to contain, a power outage accompanied by heavy rain and high tides could be much more difficult to contain and potentially more costly. Councilmember Dwyer asked Mr. Pekich what criteria the Health Department used in coming to this conclusion. Mr. Pekich said because of the health concerns of exposing the public to raw sewage, he believes the present backup system is inadequate, although he said when the plant was initial- ly designed, the Department of Ecology approved the plans as submitted. As a member of the audience wished to speak, it was the consensus of the Council to allow this. Miles Chamberlin, resident of Mountlake Terrace, said he installs generators, and said he cannot imagine a plant without one. Council President Earling scheduled further discussion on this item on the May 25th Agenda, at which time Councilmember Palmer requested the Staff once again provide the various options for power backup. EDMONDS CITY COUNCIL APPROVED MINUTES Page 5 April 20, 1993 HEARING ON AN APPEAL OF THE ARCHITECTURAL DESIGN BOARD'S APPROVAL OF A 4-STALL PARKING FACILITY ON THE EAST SIDE OF THE PROPERTY LOCATED AT 229 3RD AVENUE S. APPELLANT: ROBERT NOACK; APPLI- CANT: OLA GROSSET/FILE NOS. ADB-92-160/AP-93-54 Jeff Wilson, Current Planning Supervisor, said on March 22, 1993, the appellant submitted a let- ter appealing the ADB's decision to approve a parking plan for a 10 unit condominium complex, proposed by Mr. Ola Groset for the property located at 229 3rd Avenue S. During an ADB public hearing held on March 3, 1993, the Board conditionally approved a parking plan which included 18 parking stalls in a subterranean parking garage beneath the condominium complex and accessed solely from 3rd Avenue, and three standard parking stalls and one handicap stall on a grade level parking located to the east (rear) of the building and accessed from an alley way which is locat- ed to the east of 3rd Avenue S. Mr. Wilson said both staff and ADB has worked with the applicant to reduce the parking impacts for the easterly lot. Originally, the applicant had proposed seven (7) parking spaces with mini- mal landscaping. Staff recommended and the Board conditioned the project to reduce the parking lot to a maximum of four (4) spaces with the remainder of the area dedicated to landscaping. It is the recommendation of the staff to the Council to deny the appeal and uphold the ADB's decision. Testimony of the Applicant Ola Groset, distributed a diagram showing subject lot and number of existing parking stalls, which City Clerk Rhonda March marked Exhibit 1. Mr. Groset said he has complied with the Code and feels his project should be approved and the appeal should be denied. Testimony of the Appellant Robert Noack, 317 3rd Ave. South, said he is appealing the matter because Mr. Groset previously stated at another meeting that he was going to have 22 parking spaces underneath the building, which would mean he would not need the extra stalls. Mr. Noack said the alley should not be used for additional parking. Mr. Noack distributed a diagram showing the deal end alley access for the subject property. City Clerk Rhonda March marked this Exhibit 2. Mr. Noack also distributed 3 photographs of the subject property and alley, which City Clerk Rhonda March marked Exhibit 3, 4, and 5. Continued Testimony of the Applicant Mr. Groset said he is proposing only 18 parking stalls under the building, which necessitates the four parking stalls in the alley. Mr. Groset distributed 7 photographs to the City Clerk for distribution to the Council which showed various aspects of the subject property. City Clerk Rhonda March marked the Exhibits 6a, 6b, 6c, 6d, 6e, 6f, and 6g. With no other member of the audience wishing to come forward, Mayor Hall closed the audience portion of the hearing. City Attorney Scott Snyder said Mr. Groset is in full compliance with the Code and is not propos- ing anything that is against city regulations. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER HALL, TO DENY THE APPEAL AND UPHOLD THE ARCHITECTURAL DESIGN BOARD'S DECISION, AS THE PROPOSED AMENDMENTS WOULD REFLECT. MOTION CARRIED. L-V AUTHORIZATION TO FILL VACATED POSITION CAUSED BY RETIRING WORKER IN THE WATER SECTION Noel Miller, Public Works Superintendent, said Lee Willeiksen, Maintenance Worker II in the Pub- lic Works Water Section is retiring April 30, 1993. Mr. Miller said the Public Works Division ' would like to change the job description of the position before replacing it. A job description i1 V1 for the new position, titled Water Quality Control Technician, was attached --to the Agenda Memo. In anticipating the retirement, Mr. Miller said the Public Works Division budgeted additional funds in 1993 for the employees termination pay and the salary increase for the proposed new position. The change in the position, including the pay level, has been discussed with the Union and has their concurrence. Councilmember Palmer was disturbed that extra monies were placed in the budget for an upgraded position, in which the Council did not approve or did not even know about. EDMONDS CITY COUNCIL APPROVED MINUTES Page 6 April 20, 1993 1 After discussing the item, the majority of Councilmembers felt the job description was adequate, and the position warranted. The following motion was made: COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, FOR APPROVAL OF THE JOB DESCRIPTION AND AUTHORIZATION TO REPLACE THE POSITION VACANCY. MOTION CARRIED with Councilmember Kasper voting no. MAYOR Mayor Hall referenced a change of ownership of the Chopsticks restaurant and subsequent liquor license application. No objections were noted by Councilmembers. Mayor Hall said the Parks and Recreations Division would like Council approval, by motion, to \ expend funds for a four day summer gymnastics camp at Camp Indiola. Mayor Hall noted there would be an approximately $1100 profit. Councilmember Dwyer asked the Mayor if she could assure the Council on the projected profit. Mayor Hall said she has been assured by Arvilla Ohlde, Parks and Recreation Manager. C11l, COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO EXPEND THE REQUIRED $7150, THERE- BY AMENDING THE BUDGET, FOR THE SUMMER GYMNASTICS CAMP AT CAMP INDIOLA AND DIRECT THE CITY ATTOR- NEY TO DRAFT AN ORDINANCE FOR THE UPCOMING BUDGET ORDINANCE. MOTION CARRIED with Councilmember nn,�ti ,Pralmer abstaining because he felt he did not have enough information to make a decision. Mayor Hall asked the Council to extend the services of Bruce Scroeder's engagement. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER HALL, TO EXTEND THE TERMS OF ENGAGEMENT FOR BRUCE SCHROEDER TO REPRESENT THE CITY WITH THE FIRE FIGHTER'S UNION IN MEDIATION AND POSSIBLE U ARBITRATION AND $12,000 BE TRANSFERRED FROM THE COUNCIL CONTINGENCY FUND TO THE GENERAL FUND BUDGET LINE 220.515.24.41. MOTION CARRIED. V COUNCIL Councilmember Palmer noted an upcoming Hearing Examiner meeting agenda, where there is a hearing scheduled for a cellular phone antenna in a CG zone. Councilmember Palmer said the Council dis- cussed these types of issues at the retreat and said there are potential health hazards which should be looked into. ;I City Attorney Scott Snyder said the Council could issue a moratorium on new applications. ,D Council President Earling said Mountlake Terrace has cancelled the joint meeting of April 28 and .�"cl would like to reschedule May 12. With the exception of Councilmember Kasper, the Council agreed U _ Councilmember Hall noted the recent Cable Act, and said the City has to be be actively involved v�`�L in the certification process and the Cable Act itself. Cb Councilmember Hall said the Lady Washington is in Edmonds for a few days. Councilmember Kasper said Paul Mar, Community Services Director, should take a look at the re- quirements of the Port's binding Master Plan and check the past record of complying with their Hospital to file their Mas- City approved Master Plan. CounciImember Kasper said Stevens was also LJ ter Plan before further construction, yet are in for Master Plan, not yet approved. Councilmem- ber Kasper asked that these issues be followed up on. �r,_�J City Attorney Scott Snyder updated the Council on the Fair Housing Act and a one line amendment that was tagged on that prohibit local jurisdictions from imposing requirements -on disabled peo- ple that they don't impose on "families and unrelated persons". Mr. Snyder said the City of �CV Seattle and the City of Everett will be taking to their Council a request for a veto request for the Governor. Mr. Snyder asked the Council for permission to draft a letter for Council President by the Edmonds City Council that it be vetoed. G Earling's and Mayor Hall's signature, a request COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO DIRECT THE CITY ATTORNEY TO DRAFT A LETTER REQUESTING A VETO OF THE AMENDMENT. MOTION CARRIED. The Mayor and Council recessed at 10:59 to an Executive Session to discuss a legal and a contract atter, and reconvened in Council Chambers at 11:06 p.m. O �ICOUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER PALMER, FOR APPROVAL OF A CONSULTANT AGREEMENT WITH BRUCE AGNEW IN THE STANDARD FORMAT WITH A $45 PER HOUR FOR SERVICES WITH A SCOPE C Utti OF AGREEMENT PRESENTED TO THE COUNCIL NOT TO EXCEED THE AMOUNT.OF $1500.00 MOTION CARRIED. With no further business before the Council, Mayor Hall adjourned the meeting at 11:09 p.m. A SIGNED COPY OF THESE MINUTES, AS WELL AS A TAPED RECORDING OF ALL COUNCIL MEETINGS CAN BE LOCATED IN T=TYCLERS OFFICE.Page 7 Cpri COUNCIL APPROVED MINUTES Page 7 April 1 20, 1993 auN,_M . _Hall Mayor —1-- hbnda J. March; City Clerk AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 - 10:00 p.m. APRIL 20, 1993 CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. (30 Min.) CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF MINUTES OF APRIL 6, 1993 (C) APPROVAL OF CLAIMS WARRANTS FOR WEEKS OF APRIL 5 AND APRIL 12, 1993 (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM JILLAYNE SCHLICKE AND MARK PERE ($121.73) (E) REPORT ON FINAL CONSTRUCTION COSTS ON THE THIRD AVENUE CURB REPLACEMENT PROJECT AND COUNCIL ACCEPTANCE OF PROJECT (F) ACCEPTANCE OF GLOVER SHORT PLAT UTILI(File No. SM3ENT FROM GERALD HIGLEY AT 20229 83RD AVE. W. IN CONJUNCTION WITH (G) REPORT ON FINAL CONSTRUCTION COSTS ON LIBRARY BOOK DROP PROJECT AND ACCEPTANCE OF PROJECT (H) REPORT OF COMPLETION OF WORK BY KATHOL ROOFING ON THE FRANCES ANDERSON CENTER GYM ROOF REPAIR PROJECT AND ACCEPTANCE OF PROJECT (q AUTHORIZATION TO CALL FOR BIDS TO REPLACE UNIT #20, A 1980 DUMP TRUCK IN THE STREET SECTION (J) AUTHORIZATION TO CALL FOR BIDS TO PURCHASE EXTRUDED CURBING MACHINE (K) PROPOSED ORDINANCE AMENDING PROVISIONS OF EDMONDS CITY CODE SECTION 5.32.107 REGARDING THE TAKING AND POSSESSION OF SHELLFISH TO INCLUDE WAC 220-56-312 ITEMS L - TARE PROPOSED ORDINANCES ON PLANNING BOARD AMENDMENTS TO EDMONDS COMMUNITY (tileL)f:VL:LQPMLNT COOk AS DIRECTED BY COUNCIL ON APRIL 6,1993 Nos. (L) PROPOSED ORDINANCE AMENDING SECTION 20.90.010(B)(1)(a) ON PUBLIC HEARINGS AND NOTICE (M) PROPOSED ORDINANCE AMENDING SECTION 16.20.040(A) ON SINGLE-FAMILY RESIDENTIAL "AVERAGE FRONT SETBA(N) PROPOSED ORDINANCE AMENDING SECTION 16.60.020(A)(2) ON GENERAL COMMERCIAL ZONES SUBJECT TO REVIEW AND COMPLIANCE WITH ECDC CHAPTER 20.12 (ADB LANDSCAPE REQUIREMENTS) (0) PROPOSED ORDINANCE AMENDING CHAPTER 20.50 DELETING CHAPTER REGARDING SETBACK ADJUSTMENTS (P) PROPOSED ORDINANCE AMENDING SECTION 20.95.050(B)(2) & (3) ON CLARIFYING APPLICATION AND STAFF REVIEW DEADLINES (Q) PROPOSED ORDINANCE AMENDING SECTION 21.25.010 TO CREATE NEW DEFINITION FOR "EASEMENT' (R) PROPOSED ORDINANCE AMENDING SECTION 21.80.065 TO CREATE A DEFINITION FOR "PLANNING OFFICIAL, (S) PROPOSED ORDINANCE AMENDING SECTION 21.110.010 TO CREATE A DEFINITION FOR THE TERM "VACATION' m AND PROPOS E ORDINANCE AMENDING SECTIONS 15.00.020(C)(9) AND 18.070.060 FOR STREET USE PERMIT FEES 2. AUDIENCE 3. (10 Min.) PRESENTATION BY SCOTT PALM ON STATE FUNDING FOR PERSONS WITH DISABILITIES AND COUNCIL PASSAGE OF RESOLUTION SUPPORTING STATE FUNDING 4. (3 Min.) PROCLAMATION FOR "EARTH DAYS IN EDMONDS- ON APRIL 22, 23 AND 24 5. (20 Min.) HEARING ON LID 213 FINAL ASSESSMENT ROLL AND ADOPTION OF ORDINANCE CONFIRMING THE FINAL ASSESSMENT ROLL 6. (45 Min.) COUNCIL AND PUBLIC DISCUSSION OF AD HOC COMMITTEE RECOMMENDATION ON ADDITION OF COMMUTER RAIL ELEMENT FROM EVERETT TO SEATTLE AND POTENTIAL IMPACT ON PROPOSED MULTI -MODAL FACILITY 7. (20 Min.) REPORT BY BOB PEKICH OF SNOHOMISH HEALTH DISTRICT ON POWER OUTAGE AT TREATMENT PLANT AND CONTINUED COUNCIL DISCUSSION ON TREATMENT PLANT GENERATOR (request from March 23, 1993) 8. (20 Min.) HEARING ON APPEAL OF ARCHITECTURAL DESIGN BOARD APPROVAL OF 4-STALL PARKING FACILITY ON EAST SIDE OF PROPERTY AT 229 3RD AVE. S. (APPELLANT: ROBERT NOACK; APPLICANT: OLA GROSET / FILE NOS. ADB 92-260 / AP 93-54) 9. (5 Min.) AUTHORIZATION TO FILL VACATED POSITION CAUSED BY RETIRING WORKER IN THE WATER SECTION 10. (5 Min.) MAYOR 11. (15 Min.) COUNCIL PARKING AND MEETING ROOMS ARE ACCESSIBLE FOR PERSONS WITH DISABILITIES. CONTACT THE CITY CLERK AT 771-0245 WITH 24 HOURS ADVANCE NOTICE FOR SPECIAL ACCOMMODATIONS. Notice: The City Council Agenda Is available for viewing on Chambers Cable, Channel32 (daytime)