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07/20/1993 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES July 20, 1993 THESE MINUTES WERE APPROVED AT THE CITY COUNCIL MEETING OF JULY 27, 1993. The regular meeting of the Edmonds City Council Hall at the Library Plaza Room, 650 Main St., flag salute. ELECTED OFFICIALS Laura Hall, Mayor Dave Earling, Council President Steve Dwyer, Councilmember Michael Hall, Councilmember William Kasper, Councilmember, ABSENT John Nordquist, Councilmember Jeff Palmer, Councilmember, ABSENT Tom Petruzzi, Councilmember was called to order at 7:00 p.m. by Mayor Laura Edmonds. The Council Meeting was preceded by a EXECUTIVE SESSION ON LEGAL AND REAL ESTATE MATTERS STAFF Paul Mar, Community Srv. Dir Chuck Day, Accounting.Manager Rob Chave, Planning Manager Jeff Wilson, Planning Supr. Dan Prinz, Police Chief Noel Miller, Public Works Supt. Rhonda March, City Clerk Scott Snyder, City Attorney Barb Mehlert, Recorder J eC Mayor Hall announced the Executive Session will be extended for 10 minutes to discuss a personnel T' S V atter. The Mayor and Council recessed to the scheduled Executive Session at 7:01 p.m., and recon- Q,$ ened in Council Chambers -at 7:49 p.m. v CONSENT AGENDA Items (B) and (C) were removed from the Consent Agenda. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA ITEMS. MOTION CARRIED. The. approved items are as follows: (A) ROLL CALL d (D) ORDINANCE 2938 AMENDING SECTION 19.05.005(B) TO RENUMBER A SECTION FOR PROVISIONS OF THE 4. 1991 UNIFORM BUILDING CODE, AND ADDING A NEW SUBSECTION 5 CLARIFYING CERTAIN EXEMPTIONS FROM BUILDING CODE PERMITS NOT APPLICABLE TO EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREAS. G) RESOLUTION 773 ADOPTING THE SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM (�Ic� AUTHORIZATION TO CALL FOR BIDS FOR THE 1993 SANITARY SEWER PROGRAM CALL N (G) AUTHORIZATION TO PURCHASE PLAYGROUND EQUIPMENT FOR THE FRANCES ANDERSON CENTER SITE FROM VANCO & ASSOCIATES ($8,672.23) (H) REPORT ON QUOTES AND AWARD TO CROWN DELTA, INC. TO REMOVE ASBESTOS CEMENT SIDING FROM THE PUBLIC WORKS STORAGE YARD HOUSE ($3,4541.58) ` (I) AUTHORIZATION FOR REID-MIDDLETON & ASSOCIATES TO RESURVEY THE PUBLIC WORKS OPERATIONS AND MAINTENANCE SITE ($2,350) APPROVAL OF MINUTES OF JUNE 22, 1993 AND JULY 6, 1993 +w5 COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE DRAFT MINUTES OF JULY 6, 1993 WITH THE CORRECTION NOTED IN THE LATE PACKET. Under discussion, Mayor Hall said the requested correction was listed as a quote, which her staff did not find on the tape. Council President Earling said it was not intended as a quote, it sim- ply was a more accurate transcription of what he said. Councilmember Dwyer agreed that Council has the right to request changes of this nature. MOTION CARRIED. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE MINUTES OF JUNE 22, 1993 AS SUBMITTED. MOTION CARRIED. APPROVAL OF CLAIMS WARRANTS FOR WEEK OF JULY 6, 1994 J ` �f&5 Council President Earling said he received claims warrants for the week of July 6 as well as the (v.f week of July 12, and asked if Council was to approve both weeks, since only one was listed on the Consent Agenda. City Clerk Rhonda March said there was a breakdown in communications and the July W 12 warrants should be have been included on the Consent Agenda for approval. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER-DWYER, TO APPROVE THE CLAIMS WARRANTS FOR THE WEEKS OF JULY 6 AND JULY 12 1993. MOTION CARRIED. AUDIENCE Bruce Whittenburg, 8725 Madrona Lane, asked if public input will be solicited for Item 4. Mayor Hall said it is not scheduled for public input, however, the Council may choose to open it up for public input. The Council was receptive to the idea. ON APPEAL OF HEARING EXAMINER'S DECISION DENYING A CONDITIONAL USE PERMIT FOR A TEMPORARY Jeff Wilson, Planning Supervisor, said on May 18, 1993, the appellant filed an appeal of the Hear- ing Examiner's decision of May_6, 1993, to deny an application for a Conditional Use Permit for a temporary gravel parking lot in association with a permanent commercial building. The subject property of the appeal contains an office/counseling service which was converted from an existing detached single-family residence to the current use. The conversion of the residence to the cur- rent use, including development of the parking facilities occurred prior to review and approval of the site improvements by the Architectural Design Board. The current use of the site has been ongoing for approximately two years, and has been the subject of a code enforcement action. The appellant's proposed Conditional Use Permit seeks to allow the parking facilities for the of- fice/counseling service to be of a temporary material (i.e. gravel), rather than comply with the Engineering Divisions requirements that the parking lot be "hard surfaced" as required pursuance to ECDC 17.50. Mr. Wilson said it is the recommendation of the Staff to deny the appeal, and uphold the decision of the Hearing Examiner. Testimony of the Applicant/Appellant Mayor Hall called Mr. Dale Kathol to the podium. Mr. Kathol. was not present in Council Chambers. Mayor Hall called any another interested member of the audience to..speak of this issue. As no one came forward, Mayor Hall closed the audience portion of the hearing. Councilmember Hall inquired if Mr. Kathol was aware of the hearing, and staff replied affirmative- ly. City Clerk Rhonda March said hearing notices were posted in compliance with the public notice procedures, as well as a courtesy packet was sent to Mr. Kathol containing the same information the Council has before them on this subject. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO DENY THE APPEAL AND UP- HOLD THE DECISION OF.THE HEARING EXAMINER. MOTION CARRIED. FURTHER DISCUSSION ON ANNEXATION IN THE VICINITY OF "AURORA MARKETPLACE" AT 238TH ST. S.W. AND HIGHWAY 99 �oRob Chave, Planning Manager, and Jeff Wilson, Planning Supervisor reported the City received a 1� petition indicating an interest in annexation to the City of Edmonds. At the City Council meeting of July 6th, the City Council met with the petitioners regarding a proposed annexation in the; V vicinity of Aurora Marketplace. The Council discussed the annexation proposal, and asked staff to meet with people present at the meeting who were also requesting inclusion in the annexation proposal. The Council also asked staff to research with the City Attorney the practical effects of a formal statement on bonded indebtedness in an annexation petition, considering that the City currently has no bonded indebtedness that would be assumed through annexation. Since the meting of July 6th, the City has received a letter from residents wishing to be includ- ed in the current annexation proposal. Due to this interest, Mr. Chave said it is the recommenda- tion of Staff that the area for annexation be modified to include the bloc between 234th St. S.W. (Madrona Lane) and 233rd St. S.W. (Maple lane). Two resolutions were drafted and included in Council packets. Both resolutions include the same proposed annexation area, which includes the area requested .by the residents who signed the let- ter (46 residents of Madrona Lane and Maple Lane). The difference between the resolutions is in Section 2, addressing assumption of general indebtedness. Section 2 of Exhibit 4 (first resolu- tion) states that general indebtedness shall be assumed by the residents of the annexation area, while Section 2 of Exhibit 5 (second draft resolution) states that general indebtedness shall not be assumed. Both resolutions make it clear that in the future, residents of the annexation area would be treated the same as any other resident of the city in assuming future debt obligations. The City Attorney feels that either resolution would have the same practical effect, with the understanding that the City currently has no general indebtedness and none would be anticipated prior to annexation. EDMONDS CITY COUNCIL APPROVED MINUTES Page 2 July 20, 1993 In summary, the resolutions accomplish the following: 1) Accept the proposed annexation, modify- ing the annexation area to include areas where interest has been demonstrated (Madrona Lane and Maple lane); 2) Address the general indebtedness issue; 3) Establish that zoning and comprehen- sive plan designations which area comparable to existing County designations will be adopted with the annexation; 4) Authorize Staff to prepare the required annexation petitions an filings. Mr. Chave and Mr. Wilson recommended the City Council adopt the appropriate resolution. As the Council wished to hear from the public, COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEM- BER PETRUZZI, TO OPEN THE DISCUSSION TO ANYONE INTERESTED TO NO MORE THAN 3 MINUTES PER SPEAKER FOR A TOTAL AMOUNT OF 12 MINUTES. MOTION CARRIED. Bruce Whittenberg, 8725 Madrona Lane, referenced the petition of 46 residents of Madrona Lane and L.712,�Maple Lane requesting to be part of the annexation procedures. Mr. Whittenberg said it is the feeling of these residents that the City can offer them excellent police protection, improved v services and greater accessibility to government. Mr. Whittenberg said the residents' experience �e with the elected and appointed officials has been a very positive one. Mr. Whittenberg said many of the residents already utilize the services of the businesses in Edmonds. Mr. Whittenberg asked the Council to consider them for inclusion in the annexation process. Mr. Whittenberg said the residents who signed the petition account for 67% of the population, which is much higher figure than necessary to pursue annexation procedures. Stanley Piha, 2101 4th Avenue, Seattle, referenced a letter he faxed to Councilmembers prior to this meeting. Mr. Piha said he is concerned that annexation into the City will have substantial negative impact on the value of the business known as R & P Investment Company, in which he and a partner operates. Mr. Piha said the site is currently zoned by Snohomish County as MR (multi- family) zone, which allows one dwelling unit for every 2,000 square feet. He has been advised that should the City annex this area, it would secure the most comparable zone to the existing zoning and land use requirements. Mr. Piha said unfortunately, the spread between the City of Edmonds' zones of RM 1.5 and RM 2.4 does not address a comparable zone for his property. Mr. Piha said he is concerned about downsizing due to the lack of comparable zoning, and said if the City could make a commitment that would protect his property -rights currently enjoyed, his and his partner's opposition to the annexation could be reversed. City Attorney Scott Snyder asked Mr. Piha if the City were to assign a 1.5 designation, would Stanley Real Estate consider voluntarily signing a concomitant zoning agreement in advance of annexation to limit the ratio to the current 1 to 2000 square footage. Mr. Piha replied affirma- tively, however, stated he would have to talk to his partner. As no other member of the audience wished to speak on this issue, Mayor Hall closed the public portion of the discussion. Planning Supervisor Jeff Wilson said there are several months to work out the concerns of Mr. Piha as the annexation process advances. Councilmember Petruzzi said he wants to make sure that Mr. Piha's concerns are adequately addressed. Mr. Wilson assured Mr. Petruzzi that they would be. Concerning the property described by Mr. Piha, City Attorney Scott Snyder suggested direction be. given to utilize 2.4 zoning or 1.5 zoning, through a voluntary agreement of the party to re- strict their development rights their current development ratio. Mr. Snyder said this would allow the City to lower the zoning category and bring them in to the City exactly where their zoning is designated at the current time. Mr. Snyder said as Mr. Piha is asking for consideration of keep- ing intact, the current zoning of the subject business, the Council should give direction on this matter. COUNCILMEMBER PET RUZZI MOVED, SECONDED BY COUNCILMEMBER DWYER, TO DIRECT STAFF TO PREPARE ANNEXA- TION PETITION FOR FILINGS, UTILIZING EXHIBIT B AND THAT WE USE SIMULTANEOUS ZONING. Council President Earling asked if the motion included the residents of Maple Lane and Madrona Lane who wished to become part of the annexation petition. Councilmember Petruzzi replied affirma- tively. MOTION CARRIED. PROPOSED ORDINANCE REPEALING CHAPTER 10.15 OF THE EDMONDS CITY CODE AND AMEND-ING SECTION V 19.00.060 B OF THE COMMUNITY DEVELOPMENT CODE, TO ASSIGN APPEALS OF THE BUILDING OFFICIAL'S JP DECISION TO THE HEARING EXAMINER LV EDMONDS CITY COUNCIL APPROVED MINUTES Page 3 July 20, 1993 Council President Earlind said his company is representing a client in the Meadowdale area, and he has been assured by City Attorney Scott Snyder that this does not constitute a problem with appearance of fairness. Mr. Snyder agreed, and said as this is a legislative decision, there are no problems. Rob Chave, Planning Manager, referenced a proposed ordinance included in Council packets which addresses a problem concerning appeal of the Building Official's interpretations. Mr. Chave said the City Attorney addressed the problem and directed the Council to his letter, also included in Council packets. The letter authored by City Attorney Scott Snyder explained the function of the Uniform Building Code board of Appeals is to review technical issues, of code interpretations and calculations. The difficulty has been that the Board only hears an appeal every eight or nine years. This means that when an appeal is filed, the City is required to appoint, train and pre- pare a new Board. Mr. Snyder explained in his letter that this is time consuming, and because.the Board rarely hears more than one appeal during the time that it is constituted, it makes it diffi- cult for the Board to achieve any continuity in its decision making. Mr. Snyder suggested substi- tuting the Hearing Examiner for the Board of Appeals. Councilmember Dwyer asked if there are any requirements in the E.C.D.C. that a public hearing be held -regarding this change. Mr. Snyder replied negatively. With the concurrence of the Mayor and Councilmembers, Councilmember Dwyer asked if any member of the audience wished to address this issue. As no member of the audience came forward, COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO APPROVE ORDINANCE 2939, AS RECOMMENDED BY STAFF. MOTION CARRIED. AUTHORIZATION TO FILL CODE ENFORCEMENT TECHNICIAN POSITION IN PLANNING DIVISION Je,r_� Brent Hunter, Personnel Manager, reviewed with the Mayor and Council, several options outlined by the Planning Manager with regards to replacing the vacated position of Code Enforcement Techni- cian. This vacancy was created due to a promotion. The Planning Manager recommended no change and asked for authorization to fill the Code Enforcement vacancy. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, FOR AUTHORIZATION TO FILL CODE ENFORCE- MENT VACANCY. MOTION CARRIED. REVIEW OF CITY COUNCIL SALARIES ouncilmember Dwyer said as filing fees are based on compensation, the Council needs to review the city council salaries, prior to these filing fees being set for the upcoming election. Coun- cilmember Dwyer referenced a memorandum he previously sent to Council which outlined pros and cons of a rate increase. Councilmember Dwyer said the present wage rates were adopted in 1987. As C Council compensation cannot be increased during a term of office, councilmembers elected in 1993 will be serving in 1997 pursuant to a compensation scheme which is 10 years old. Councilmember Dwyer, said, however, given the City's precarious financial position, and the fact that Council - members serve because of a desire to perform public service, and not for the money, he recommend- ed the Council vote not to increase council wages. Council President Earling and Councilmember Petruzzi agreed with Councilmember Dwyer, in that the compensation should not be changed. Council President Earling said Councilmember Palmer, who is not present tonight, also relayed the message to him that he also is in favor of not raising compensation for Councilmembers. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, THAT WE NOT ALTER CITY COUNCIL COMPENSATION THAT HAS BEEN IN PLACE SINCE 1987. MOTION CARRIED. MAYOR Mayor Hall asked for confirmation of ADB Board member prospective Steve. Sullivan. COUNCILMEMBER P(kD 4r DWYER MOVED; SECONDED BY COUNCIL PRESIDENT EARLING, FOR CONFIRMATION OF STEVE SULLIVAN AS ADB BOARD MEMBER. MOTION CARRIED. Mayor Hall noted there will be an oil spill exercise at the waterfront, and said she wanted peo- ple to make sure it was only an exercise. COUNCIL Council President Earling noted a resolution of Snohomish County Council to opt into the RTA. Council President Earling said many of the concerns expressed by the County Council in that reso- lution were the same concerns voiced by the City of Edmonds. Council President Earling said the transcriber in the Council Office has been broken for several 99��nths, and asked for Council to approve a replabement in the amount of $291.86, to come out of �V—p \ �.a(C0uncil Supplies, Line Item 511.10.31. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, FOR AUTHORIZATION TO PURCHASE A TRANSCRIBER FOR COUNCIL OFFICE USE IN THE AMOUNT OF $291.86. MOTION CARRIED. EDMONDS CITY COUNCIL APPROVED MINUTES Page 4 July 20, 1993 Councilmember Petruzzi referenced a letter from County Executive Bob Drewell, in which he is considering appointing Council President Earling to serve as the RTA Representative, who would represent the cities during a two year term. Councilmember Petruzzi congratulated Council Presi- dent Earling on this achievement. Councilmember Hall asked for Council discussion on U.S. West's request for placement of a 100' 2 antenna on city owned property. Councilmember Hall said the offer of U.S. West is not a good k offer, especially in light of U.S. West's profits. Councilmember Hall said unless they come up with a better offer which would benefit the citizens of Edmonds, he suggested the City turn their offer down. After Council discussion on this issue, Councilmembers agreed that the City should not accept their offer, but said they would listen to a counter offer. COUNCILMEMBER NORDQUIST MOVED, SECOND- ED BY COUNCILMEMBER DWYER, TO REJECT THE OFFER OF U.S. WEST FOR CONSTRUCTION OF A 100 FOOT ANTEN- NA ON THE FIRE DEPARTMENT SITE. MOTION CARRIED. City Attorney Scott Snyder asked if the Council would consider looking at subsequent offers by U.S. West and the Council replied affirmatively. Mayor Hall asked City Attorney Scott Snyder to introduce an associate of his firm who was present in Council chambers. Mr. Snyder introduced Ms. Marci Anderson, an attorney with Ogden, Murphy and Wallace, who will be working with him on Edmonds city business in order to familiarize herself with the city. Councilmember Nordquist asked the Mayor if the City will be preparing a resolution with regards to the City's to desire to regulate Cable in Edmonds,- not the FCC. City Attorney Scott Snyder said a resolution is not necessary, as there is a much more simple process in which the Mayor will begin and complete prior to the October 1 deadline.. Mr. Snyder said the Council will be apprised of the matter. With no other further business before the Mayor or Council,. Mayor Hall adjourned the meeting at 8:49 p.m. THE ORIGINAL SIGNED COPY OF THESE MINUTES, AS WELL AS A TAPED RECORDING OF ALL CITY COUNCIL MEET- INGS CAN BE LOCATED IN THE CITY CLERK'S OFFICE. . �/__Z 40 U slelfo"Yna—f r it� Clerk Laura-4L___b1al l-, Kajbi' - - 0 r/R b d ayr4 'EDMONDS CITY COUNCIL APPROVED MINUTES Page 5 July 20, 1993 "REVISED" AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 - 10:00 p.m. July 20, 1993 CALL TO ORDER - 7:00 P.M. FLAG SALUTE (25 Min.) EXECUTIVE SESSION ON LEGAL AND REAL ESTATE MATTERS 1. (10 Min) CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF MINUTES OF JUNE 22, 1993 AND JULY 6, 1993 (C) APPROVAL OF CLAIMS WARRANTS FOR WEEK OF JULY 6, 1993 (D) PROPOSED ORDINANCE AMENDING SECTION 19.05.005(B) TO RENUMBER A SECTION FOR PROVISIONS OF THE 1991 UNIFORM BUILDING CODE, AND ADDING A NEW SUBSECTION 5 CLARIFYING CERTAIN EXEMPTIONS FROM BUILDING CODE PERMITS NOT APPLICABLE TO EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREAS (E) PROPOSED RESOLUTION ADOPTING THE SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM (F) AUTHORIZATION TO CALL FOR BIDS FOR THE 1993 SANITARY SEWER PROGRAM (G) AUTHORIZATION TO PURCHASE PLAYGROUND EQUIPMENT FOR THE FRANCES ANDERSC'"' CENTER SITE FROM VANCO & ASSOCIATES ($8,672.23) (H) REPORT ON QUOTES AND AWARD TO CROWN DELTA, INC. TO REMOVE ASBESTOS CEMEI SIDING FROM THE PUBLIC WORKS STORAGE YARD HOUSE ($3,451.58) (1) AUTHORIZATION FOR REID-MIDDLETON & ASSOCIATES TO RESURVEY THE PUBLIC WORKS OPERATIONS AND MAINTENANCE SITE ($2,350) 2. AUDIENCE 3. (20 Min) HEARING ON APPEAL OF HEARING EXAMINER'S DECISION DENYING A CONDITIONAL USE PERMIT FOR A TEMPORARY GRAVEL PARKING LOT LOCATED AT 21221 76TH AVENUE WEST, IN A NEIGHBORHOOD BUSINESS ZONE (APPELLANT/APPLICANT: DALE KATHOL; FILE NOS. AP-93-99 & CUP-93-38) 4. (15 Min) FURTHER DISCUSSION ON ANNEXATION IN THE VICINITY OF "AURORA MARKETPLACE" AT 238TH ST. SW. AND HIGHWAY 99 (This is not a public hearing) 5. (15 Min.) PROPOSED. ORDINANCE REPEALING CHAPTER 10.15 OF THE EDMONDS CITY CODE AND AMENDING SECTION 19.00.060 (B) OF THE COMMUNITY DEVELOPMENT CODE TO ASSIGN APPEALS OF THE BUILDING OFFICIAL'S DECISIONS TO THE HEARING EXAMINER 6. (10 Min.) AUTHORIZATION TO FILL CODE ENFORCEMENT TECHNICIAN POSITION IN PLANNING DIVISION 7. (10 Min.) REVIEW OF CITY COUNCIL SALARIES 8. (5 Min.) MAYOR 9. (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. The Council Agenda appears on Chambers Cable, Channel 32