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08/03/1993 City CouncilY EDMONDS CITY COUNCIL APPROVED MINUTES August 3, 1993 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THE AUGUST 17, 1993 CITY COUNCIL MEETING. The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Laura Hall at the Library P1aza,Room, 650 Main St., Edmonds. The meeting was preceded by a flag salute. ELECTED OFFICIALS 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 CONSENT AGENDA STAFF Paul Mar, Community Srv. Dir Art Housler, Admin. Srv. Dir. Rob Chave, Planning Manager Jeff Wilson, Planning Supervisor Buzz Buzalsky, Fire Chief Noel Miller, Public Works Supt. Brent Hunter, Personnel Mgr. Scott Snyder, City Attorney Barb Mehlert, Recorder Items (E), (G), (J), (L), (M), (N), and (0) were removed from the Consent Agenda. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items are as follows: (A) ROLL CALL (B) APPROVAL OF MINUTES OF JULY 26, 1993 AND JULY 27, 1993 APPROVAL OF CLAIM WARRANTS FOR THE WEEK OF JULY 26, 1993 (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM JEFFREY KING ($131.76) AND TOMME SUMMEE pM)' ($29,284.45) �yf1 (F) RESOLUTION 774 SETTING COUNCIL HEARING DATE OF SEPTEMBER 7, 1993 FOR PROPOSED STREET VACA- TION OF A PORTION OF 75TH PLACE WEST RIGHT-OF-WAY (Applicant: City of Edmonds/File.No. ST- I� Ol 93-131) (H) REPORT OF FINAL CONSTRUCTION COSTS ON PUBLIC WORKS FUEL TANK REMOVAL PROJECT AND COUNCIL ACCEPTANCE OF PROJECT (I) REPORT ON BIDS OPENED JULY 16, 1993, FOR AUTOMATIC ACCESS DOOR OPERATOR PROJECT AND AWARD OF CONTRACT TO HENRIKSEN CONSTRUCTION SERVICES ($24,421.00 INCLUDING SALES TAX) AND APPROPRIATE $1,500.00 FROM FUND 116 ENDING CASH BALANCE (K) AUTHORIZATION TO CALL FOR BIDS FOR THE TALBOT ROAD STORM DRAINAGE IMPROVEMENT PROJECT DISCUSSION ON REMOVED CONSENT AGENDA ITEMS REPORT ON BIDS OPENED JULY 26, 1993, FOR DEMOLITION OF HOUSE AT THE PUBLIC WORKS SITE AND AWARD OF CONTRACT TO BRAD MASON TRUCKING ($3,830.28) (Item E) on the Consent Agenda Councilmember. Petruzzi inquired if this is the same house that was earlier estimated at $12,500 and $15,000 for demolition. Noel Miller, Public Works Superintendent, replied affirmatively, v however, noted the cost of the asbestos removal was included in the original estimate of $12,000 (� to $15,000. Mr. Miller said the removal of asbestos would cost approximately $4,000, which would bring the demolition costs to approximately $7500.00. Councilmember Petruzzi asked if the total budgeted amount for the Public Works Project of $300,000 is broken down into line item costs. Mr. Miller replied negatively. Paul Mar, Community Services Director, said this will be done in the 1994 budget. Councilmember Petruzzi said he would like to see the line items broken down so bet- ter cost controls can be achieved. Councilmember Kasper said he would like to see this item, as well as Consent Agenda Items (G), (L) and (0) moved to the regular agenda following Item 10. Councilmember Kasper said he is seri- ously questions whether the City should proceed with the Public Works Project until the direction is known on how the City is going to proceed with construction of a new city hall. Councilmember Kasper said he thinks it is time to scrap the project until this issue is resolved. COUNCILMEMBER KASPER MOVED TO PLACE (E) (G), (L) and (0) on the regular agenda following Item 10. MOTION DIED FOR LACK OF SECOND. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE ITEM (E). MOTION CARRIED with Councilmember Kasper voting no for reasons stated above. AUTHORIZATION FOR MAYOR TO SI MERRITT+ PARDINI IN CONNECTION Councilmember Kasper said there is no reason to spend any more money until the issue is settled regarding city hall. COUNCILMEMBER KASPER MOVED TO PLACE ITEM (G) ON THE REGULAR AGENDA FOLLOWING ITEM 10. MOTION DIED FOR LACK OF SECOND. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO APPROVE ITEM (G). MOTION CARRIED with Councilmember Kasper voting no for reasons stated above. AL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF HEARING EXAMINER'S DECI- MYGwur wr3i kAppeiianz/Applicant: uaie ratnoi;_tile No. AN-93-99 & CUP-93-38) Item (J) on the sen Councilmember Palmer said he would abstain from voting, as he was not present for the hearing on this matter. Mayor Hall referenced a letter from Mr. Kathol explaining why he, or a representa- tive was not in attendance at the hearing on this issue on July 27. Mayor Hall said in the let- ter, Mr. Kathol asked for reconsideration of the issue. City Attorney Scott Snyder said although it is up to the Council to reconsider, it leaves the City in a very difficult position, in that many people could ask for the same thing. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEM- BER DWYER, TO APPROVE. ITEM (J). MOTION CARRIED with Councilmember Kasper and Councilmember Palmer abstaining as they were not present for the subject hearing. AUTHORIZATION TO CALL FOR BIDS FOR THE CONSTRUCTION OF A NEW PUBLIC WORKS OPERATION AND MAINTE- �L` (, NANCE CENTER Item L on the Consent Agenda CCOUNCILMEMBER KASPER MOVED TO PLACE THIS ON THE REGULAR AGENDA FOLLOWING ITEM 10. MOTION DIED for lack of second. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE ITEM (L). MOTION CARRIED with Councilmember Kasper voting no. AUTHORIZATION TO CONTRACT WITH THE CITY OF MOUNTLAKE TERRACE TO PERFORM A CHIP SEAL ROAD WAY RESURFACINGR J T 5,000. 0(Item M on the Consent en a Councilmember Palmer asked if this has gone to the Community Services Committee. Noel Miller, Public Works Superintendent, replied affirmatively and said there were no adverse comments from the Committee. Councilmember Petruzzi, Community Services Committee Chairman, said it was dis- cussed, and the project was not questioned by the committee. Councilmember Palmer said there seems to be a policy decision on switching from slurry seal to chip seal. Councilmember Palmer said he will vote against this item because he is still not convinced that the chip seal proce- dure is worth the trouble that the public has to go through and drive over it, along with poten- tial claims from people as a result of rocks. Councilmember Palmer believes an overlay in that area would be a better solution. Councilmember Petruzzi and Councilmember Kasper, both felt this was a perfect area to try the chip seal procedure. Councilmember Dwyer said he understands Coun- cilmember Palmer's concerns due the failure of chip sealing in 1988, however, believes this is the type of area where it should now be tried. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO APPROVE ITEM (M). MOTION CARRIED with Councilmember Palmer voting no. LL C,01 ESOLUTION AUTHORIZING CIRCULAT LOCATED APPROXIMATELY NOR SOUTHWEST, AND 234TH STREET SO {C �� FILE NO. AX-4-91 Item N on E "AURORA MARKETPLACE" Councilmember Palmer asked City Attorney Scott Snyder if he could vote on this, as he was not present for the final resolution on July 20. Councilmember Palmer said he has reviewed the min- utes, and is knowledgeable of the issue. Mr. Snyder said as this is a legislative decision which requires Councilmembers to have general knowledge of the fact, he could vote on the item. COUNCIL - MEMBER PALMER MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO APPROVE ITEM (N), ADOPTING RESOLU- TION 775. MOTION CARRIED with Councilmember Hall not voting, as he stepped away from the Council podium momentarily. Councilmember Nordquist noted Councilmember Hall was out of the room when the vote took place, and asked the Mayor to find out his vote on this particular issue. Councilmember Hall returned shortly thereafter and said he would vote affirmatively on this issue. �.12� 5 APPROVAL OF DEED -OF -RIGHT ON THE BRACKETT'S LANDING PARK SOUTH ACQUISITION (Item (0) on the Con- �Y1�" I t sent gen a IC Councilmember Kasper said he is concerned with the wording, and City Attorney Scott Snyder said the format of the Deed -of -Right is that required by the Inter -agency Council. Mr. Snyder said he �30 did place two additions which consist of the final paragraph noting easements of record, and the EDMONDS CITY COUNCIL APPROVED MINUTES Page 2 August 3, 1993 Y prior covenant, previously approved by the Council, with regards to the Snohomish County funds. Mr. Snyder said the covenant referred to passive, recreational use, in which the Snohomish County funds came with a requirement from the City to agree to passive use of the park, which would not allow any other use on that property except passive, thus eliminating parking lots, etc. COUNCIL - MEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER EARLING, TO APPROVE ITEM (0). MOTION CARRIED. Council President Earling referenced a memorandum to Councilmembers regarding the proposed ordi- nance for the collection of garbage and recyclable and yard waste, which he inadvertently left off the agenda. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ADD ITEM 8A "AN ORDINANCE OF THE CITY OF EDMONDS, AMENDING THE PROVISIONS OF ECDC SECTION 17.80.030 (H) TO CLARIFY THE AVAILABILITY OF A TWO -TIERED RATE STRUCTURE FOR THE COLLECTION OF GARBAGE AND RECYCLABLES AND FOR YARD WASTE AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. MOTION CARRIED. AUDIENCE PARTICIPATION As no member of the audience came forward, Mayor Hall closed the audience portion of the meeting. PRESENTATION OF COMMENDATION TO HAROLD CHASE .Jomayor Hall called Harold Chase, Peggy Kennedy, Director of the Edmonds Food Bank, and Bill Wood to the podium. Mayor Hall presented Mr. Chase with a Commendation in recognition of his contribu- tions of money, time, effort, and services to the Edmonds Food Bank. The Mayor stated in her commendation that Mr. Chase, a private citizen of 82 years of age, has donated over 140 tons of food to those in need in this community over the past two and one-half years. Mr. Chase has spent an average of 10 to 15 hours a week shopping for food supplies, which he in turn stores and trans- ports, using his own facilities and vehicle, to the Edmonds Food Bank. The Mayor publicly thanked Mr. Chase for his concern for those in need. The City Council thanked Mr. Chase for his contribu- tions. EXECUTIVE SESSION ON PROPERTY AND PERSONNEL MATTER v 40- � Mayor Hall and Councilmembers recessed to an Executive Session at 7:29 p.m., and reconvened in Council Chambers at 8:30 p.m. AUTHORIZATION TO FILL VACANT FIREFIGHTER POSITION Buzz Buzalsky, Fire Chief, asked for Council approval to fill a vacant Firefighter position as soon as possible. The vacancy was created by the disability retirement of a firefighter. Chief �✓� Buzalsky said the result of not filling the vacancy will be paying overtime to current personnel, who have higher pay rates because of longer tenure. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER PALMER, FOR AUTHORIZATION TO FILL VACANT FIRE FIGHTER POSITION AS REQUESTED BY THE CHIEF. MOTION CARRIED. REPORT ON BIDS OPENED JULY 28, 1993, FOR DEMOLITION OF ALL STRUCTURES AT BRACKETT'S LANDING PARK SOUTH AND AWARD OF CONTRACT TO GASTON BROTHERS $49,649.89 D' \S Jim Walker, Asst. City Engineer, said City Council authorized staff to call for bids for demoli- tion of all structures at the Brackett's Landing South Park site. On July 28, 1993, the City re- ceived bids for the demolition of all structures at Brackett's Landing Park South. Two alter- nates were bid. Mr. Walker said a low bid for both alternatives was received from Gaston Brothers Excavating, Inc. with a bid of $49,649.89. Mr. Walker said staff has checked references from the low bidder and the review of the low bidder's record was positive. Mr. Walker said normally, this would be appear on Consent Agenda, however the old Anderson Marine warehouse and the adjoining building next door share a common wall. The City hired a structural engineer to evaluate the condition of the wall between the properties. The structural engineer recommended that the wall be removed if possible since the initial observation showed the wall served no function for either property. The wall was later determined to support a small stair- well for the adjoining property. Staff recommends demolition of the common wall if an agreement can be reached with the adjoining property owner. Mr. Walker said a meeting will be held with that owner the following day. Staff also requests appropriation of $65,000 from fund 125 to provide an approximate 30% contin- gency. The high contingency, Mr. Walker explained, will allow the City the option of doing some additional repairs to the common wall, if required, or to remove an abandoned fuel tank not yet removed by the former owner of the property as required in the sale agreement. EDMONDS CITY COUNCIL APPROVED MINUTES Page 3 August 3, 1993 It is the recommendation of Staff to award a contract to Gaston Brothers Excavating, Inc. for the demolition of all structures at Brackett's Landing South Park in the amount of either $49,649.89 or $48,567.89 and appropriate $65,000 from fund 125 ending cash balance. Councilmember Palmer said he is uncomfortable with a 30% contingency and asked if the City has researched their legal entanglements regarding the common wall. Mr. Walker referenced a letter sent to the adjoining property owner, drafted by City Attorney Scott Snyder, and signed by Paul Mar, Community Services Director. The letter addresses this issue. Mr. Walker said the City also was not aware of an abandoned oil tank at the time the property was turned over to the city. Mr. Walker said the 30% contingency allows costs for removal of the oil tank, with reimbursement to come from the previous owner. Councilmember Palmer asked why the City needs to authorize more money for the removal of the oil tank, if money is already being held out by the city to the previous owner for the same purpose. City Attorney Scott Snyder said the money is being held in Escrow pending release. Mr. Snyder said the City gave the previous owner the option of them doing the work themselves, or the City n having it done as part of the project. Mr. Snyder said the funds expended would be reimbursed to the City in either situation. Councilmember Petruzzi asked if the City's estimate included any possibility of cleanup on leak- age from the oil tank. Mr. Walker replied negatively, and said that would have to come back to Council for approval of additional funds if leakage was found. Arvilla Ohlde, Parks and Recreation Manager, said Mr. Anderson, the previous owner, is legally responsible for the removal of the tank. Councilmember Petruzzi asked Ms. Ohlde if the requested funds of $65,000 to be taken from the 125 fund, will affect any other projects the City has going on at the present time that also utilize the 125 fund. Ms. Ohlde replied negatively, and said she held out sufficient amounts so that no other project will be affected. Councilmember Earling asked if the structural engineer's report will be made available to the adjoining property owner so they can have a chance to review it. Mr. Walker replied affirmative- ly. Mr. Walker said the common wall at this time, only supports a stairwell of the existing build- ing, otherwise the wall is not attached to their building. Council President Earling said if the wall comes down and more extensive damage is incurred or the integrity of the adjoining property owner's building is impaired, is the City obligated to correct this. Mr. Snyder said the wall would not come down until a firm understanding is reached regarding this, and said the City will not be responsible, as an agreement will be reached between both property owners prior to the wall being removed. Councilmember Kasper asked for the definition of a common wall. Mr. Snyder replied a common wall is typically one which is used by two structures, consisting of an interior, load bearing, or exterior wall under common wall. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO AUTHORIZE STAFF TO CALL FOR BIDS OF THE DEMOLITION OF ALL THE STRUCTURES AT BRACKETT LANDING SOUTH, PER STAFF RECOMMENDATION. Under discussion, Councilmember Palmer said for clarification purposes, Staff has already called for bids, and authorization should be given for award of contract instead. COUNCILMEMBER HALL WITHDREW HIS MOTION. THE SECONDER AGREED. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, THAT COUNCIL AWARD CONTRACT TO GASTON BROTHER EXCAVATION AS RECOMMEND- ED BY STAFF. Under discussion, Councilmember Kasper asked what the bonding requirements are. Mr. Walker said the City has a $2 million insurance requirement, which the bidder has met, and the bidder also has a performance bond on the contract in the amount of the contract. MOTION CARRIED. Mayor Hall asked the Council to make a motion incorporating the amounts to be appropriated. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO AMEND THE MOTION TO INCLUDE THE FIGURES AS RECOMMENDED BY STAFF, $49, 649.89 or $48,567.89, AND APPROPRIATE $65,000 FROM FUND 125 ENDING CASH BALANCE, AND THE $65,000 INCLUDES THE CONTINGENCIES AS RECOMMENDED. MOTION CARRIED. CONTINUED COUNCIL DISCUSSION ON PROPOSED PLANNING BOARD COMMUNITY DEVELOPMENT CODE AMENDMENTS REGARDING: SECTION 27.00.060-ADMINISTRATION; CHAPTER 17.30 - FENCES AND HEDGES; SECTION 1 18.40.030-GRAD ING AND RETAINING WALLS; CHAPTER 20.20-HOME OCCUPATIONS SECTI N 21.05.025-REVISE DEFINITION OF "ALLEY"; SECTION 21.90.120 - REVISE DEFINITION OF STREET'; SECTION 20.10.090 - CREATE NEW SECTION TO ESTABLISH TIME LIMITS FOR ADB APPROVALS; SECTION 16.50.010B.3 - REVISE SECTION TO CLARIFY PERMITTED LOCATION OF RESIDENTIAL USE IN THE BC ZONE; SECTION 21.35.017 - CREATE DEFINITION FOR TERM 'GROUND FLOOR' FILE NO. CCD-92-237/CDC-6-91 EDMONDS CITY COUNCIL APPROVED MINUTES Page 4 August 3, 1993 y Grading and Retaining Walls Rob Chave, Planning Manager, and Jeff Wilson, Planning Supervisor, referenced Exhibit 2 in the Agenda Memo that would remove the requirement for a conditional use permit for grading while expanding the notice provisions for SEPA. Mr. Wilson said Councilmember Petruzzi, with concur- rence from Council, requested this at previous work meetings on this subject. The intent is to provide greater notice for more development actions at the SEPA stage of a development proposal, enabling public involvement earlier in the process. This would make the need for a conditional use permit for grading redundant, since the relevant issues should have been addressed through the SEPA and grading permit process. Mr. Wilson said a related issue is that fees for SEPA deter- minations needs to be addressed. Greater notice will require increased mailing and public notice costs, costs which staff feel should be borne by the permit applicant. No SEPA costs are current- ly recovered by the City, since the ECDC only enables staff to collect for SEPA review when SEPA does not accompany a permit application. Since all SEPA review accompanies a permit, no SEPA fees are ever collected. Council discussion and direction Councilmembers agreed on expanding the the notice provisions of SEPA while removing the require- ment for a conditional use permit for grading, as they believes better and earlier public involve- ment would occur. Councilmembers agreed that costs should be recovered in the form of a fee for SEPA determinations, however, said a public hearing should be held incorporating various fee scenarios so the general public could comment on what they thought was fair and equitable. Councilmembers directed Staff to place on the agenda, a public hearing with a proposed ordinance, repealing section 18.40.030 requiring Conditional Use Permits for Grading, with the fees for SEPA open for discussion. Home Occupations Mr. Wilson referenced Exhibit 3 in the Agenda packet containing a draft code amendment covering home occupations. The proposal would permit certain home occupations that would not have a dis- cernible effect on a neighborhood, require a conditional use permit for certain home occupations to assure that they would not harm the character of a neighborhood, and specify certain home occupations that would not be permitted under any circumstances. The amendment also makes clear that the application has the burden of proof in seeking a home occupation, and that home occupa- tions are voidable and not transferable. Council discussion and direction Councilmember agreed with the draft code amendments. added to the effect that if the business owner fails expire, the business owner loses the home occupation ing Council Agenda in the form of a public hearing on Definition of "Street" and "All Councilmember Palmer suggested a sentence be to obtain or allow the business license to license. This item will appear on an upcom- a proposed ordinance. The City Council discussed the proposed changes, and directed staff to do some more work on it, as they felt it did not adequately address the issues, and asked for more options. This will appear on an upcoming agenda for continued discussion. Administration This section deals with code interpretations which are performed routinely be staff. Councilmem- ber Dwyer said if Staff does a code interpretation, and staff is correct, and the definition of "correct" is that at least four councilmembers agree with that interpretation. Councilmember Dywer said if staff does a code interpretation, and staff is incorrect, with the definition of "incorrect" being that less than four councilmembers agree with the interpretation, the result of this is a change to the code. Councilmember Dywer said he is not willing to go with a system whereby a change to the code coulc happen without him knowing it. Councilmember Dwyer said if a project needs a code interpretation, and one is given and no one appeals the interpretation, nothing more is heard. However, is anoth- er project needs a code interpretation, and the same interpretation applies, and an appeal is received, the Council is then bound by that interpretation, whether the Council agrees with the interpretation or not. Councilmember Dwyer said he wants to find a solution that would alleviate this type of situation. Councilmember Dywer said by placing these interpretations in writing, the City is formally adopting a process by which someone, who clearly has a right, to rely on that code interpretation. EDMONDS CITY COUNCIL APPROVED MINUTES Page 5 August 3, 1993 ti Mayor Hall said she did not agree it is a change to the code if the majority of councilmembers disagree with the interpretation. Councilmember Dwyer replied that it is. City Attorney Scott Snyder said currently, the staff interprets the code on a daily basis. Many of the interpretations occur in technical matters, which do not result in a written interpreta- tion. Mr. Snyder suggested an interim measure whereby staff interpretations are broadly dissemi- nated in a regular, routine way, in which the citizens who are interested in code decisions know where to go and how to find them, and when they would be issued. In this way, Mr. Snyder said citizens would have adequate time to review and appeal the interpretations. Councilmember Kasper left the meeting at 9:56 p.m. Jeff Wilson, Planning Supervisor, said Staff would like to formalize the process by having the interpretations in writing, so there is background on the subject. Mr. Wilson said if staff issues interpretations the same day every week, citizens will know they have the opportunity to review the interpretations. Mr. Wilson said in the past interpretations were not written, there- fore there was never a record of those interpretations for staff to review and fall back on, if needed. Councilmember Dwyer agreed with Mr. Wilson in that it is better to have a formalized process. However, he wants to avoid problems, whereby Council cannot doing anything about an interpreta- tion in which the majority of Councilmembers do not agree on, because it is too late due to the interpretation already being given. Mr. Snyder suggested two refinements to the process: 1) prohibit advisory options that aren't tied to a specific project, and 2) pick up on the mailing of notices to property owners within 300 feet. Mr. Snyder said this would ensure that 'those people who would be most vitally interest- ed, would be notified. Mayor Hall said when the City hires staff, they are professionals who are highly knowledgeable. Councilmember Dywer agreed, and said his concerns do not have anything to do with the competency of staff members. Councilmember Dwyer said the code is composed of provisions in which the majori- ty of Councilmembers agreed to. Councilmember Dwyer said he has concerns with Council being bound by staff interpretations which were never even seen by the Council, resulting in a change to code that Councilmembers did not agree to. As a procedural matter, COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PALMER, TO EXTEND THE MEETING. MOTION CARRIED. Councilmember Petruzzi said he would like Councilmember Dywer to talk with Staff and City Attor- ney to incorporate his concerns into a proposed solution. Councilmember Palmer suggested that staff continue to conduct interpretations and that the citi- zens continue to be able to rely on their interpretations. Councilmember Palmer suggested that a public notice process be implemented, so the public gets notified on a regular basis so they can appeal, if that is their wish. He suggested this appeal time be allowed for a limited amount of time, which would then trigger a formalized review by having the issue come before the Council on a specific schedule, such as every month's work meeting agenda. Rob Chave, Planning Manager agreed and said this would be a good idea, as staff is looking for an efficient procedure. City Attorney Scott Snyder suggested this be a regular subject on the monthly Community Services Committee. Mayor Hall said if the notice process is going to be expanded, the staff time should be appropri- ately budgeted for. Mr. Snyder said the City could build that calculation into the Mayor's budget report when the topic is discussed regarding enhanced fees. Councilmember Nordquist left the meeting at 10:10 p.m, due to an unexpected problem which re- quired him to travel to Chicago that evening. This topic will be continued to a future Council meeting. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER DWYER, TO CONTINUE DISCUSSION ON THE REMAINING PROPOSED PLANNING BOARD COMMUNITY DEVELOPMENT CODE AMENDMENTS TO THE AUGUST 17 COUNCIL MEETING. MOTION CARRIED. PROPOSED RESOLUTION FOR INTERFUND LOAN FOR WATERFRONT PROPERTY PAY OFF Art Housler, Administrative Services Director, stated that John• Wallace, City Attorney, has ad- vised he would be much more comfortable if the City's submittal to IAC for reimbursement of the EDMONDS CITY COUNCIL APPROVED MINUTES Page 6 August 3, 1993 Y purchase of the Anderson Marine included proof of payoff of the purchase contract, title insur- ance, copy of recorded deed, and a copy of the deed -of -right. This documentation would preclude any snags and assure the expeditious process of the reimbursement check to the City of Edmonds. Mr. Housler said the problem is, there is not enough money on the Park Acquisition/Improvement Fund .#125 to pay off the contract. Mr. Housler referenced the proposed resolution included in the Council packet, which would authorize an interfund loan from the Combined Utility Operating Fund #411 in the amount of $700,000, for a period of up to 90 days at a rate of interest established by the State of Washington's Investment Pool on August 4, and increase the budget of Fund #125 by $12613.170. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO APPROVE RESOLUTION 775 FOR INTERFUND LOAN FOR WATERFRONT PROPERTY PAYOFF. MOTION CARRIED. PROPOSED ORDINANCE AMENDING THE PROVISIONS OF THE ECDC SECTION 17.80.030 (H) TO CLARIFY THE AVAIL - City Attorney Scott Snyder said this subject was brought to the attention of the Mayor and Coun- cil President Earling. Mr. Snyder said the State has requested clarification of the provisions of Section 17.80.030(H) to determine whether the City of Edmonds requires a single all inclusive rate for the collection of garbage, recyclables, and yard waste, or will permit a two-tier sys- tem providing for collection of garbage and recyclables, separate and apart from yard waste. The ordinance would provide economic incentives for customers to recycle and reduce the total waste in accordance with State and Council goals. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE ORDINANCE 2949 AMENDING THE PROVISIONS OF ECDC SECTION 17.80.030(H). Under discussion, Councilmember Hall said he is interested in discussing at a later date, a three -tiered rate structure. Councilmember Palmer said he believes the City could discuss this with the two service providers the next time they come before the Council. MOTION CARRIED. MAYOR Mayor Hall said the 1994 Budget process will begin August 16, 1993. Mayor Hall referenced the minutes of the Transportation Commission Meeting, pointing out the comments by Commissioner Alice Tawresey. Mayor Hall referenced the letter Paul Mar received by Carl Kellar from UnoCal. Mayor Hall referenced letters from two citizens in council packets. Mayor Hall announced the 20th anniversary celebration of the Museum on Saturday at 1:00 p.m. COUNCIL Council President Earling asked that Councilmembers contact the Mayor's office the next day if they could attend the dinner at Holy Rosary this Sunday. Councilmember Palmer said it is the right time to point out to SCT that their position on the City's multi -modal project that would have helped this community to absorb a flow of greater population, runs counter to what SCT has asked the City to discuss now, and they need to decide which side of the fence they are on. Councilmember Palmer said he doesn't want the City to agree to any number that is larger that the city's current zoning. Mayor Hall and staff agreed. Paul Mar, Community Services Director, outlined the process, in which the City is utilizing to get the city's position known to everyone. With no further business before the Council, Mayor Hall adjourned the meeting at 10:32 p.m. THE ORIGINAL SIGNED COPY OF THESE MINUTES, AS WELL AS A TAPED RECORDING OF ALL COUNCIL MEETINGS CAN BE LOCATED IN THE CITY CLERK'S OFFICE. aura 1, yo onda J. �March�,Cit�yCl,�rk� EDMONDS CITY COUNCIL APPROVED MINUTES Page 7 August 3, 1993 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 -10:00 p.m. AUGUST 3, 1993 CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. (30 Min.) CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF MINUTES OF JULY 26, 1993, AND JULY 27, 1993 (C) APPROVAL OF CLAIM WARRANTS FOR THE WEEK OF JULY 26, 1993 (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM JEFFREY KING ($131.76), AND TOMME SUMME ($29,284.45) (E) REPORT ON BIDS OPENED JULY 26, 1993, FOR DEMOLITION OF HOUSE AT THE PUBLIC WORKS SITE AND AWARD OF CONTRACT TO BRAD MASON TRUCKING ($3,383.28) (F) PROPOSED RESOLUTION SETTING COUNCIL HEARING DATE OF SEPTEMBER 7, 1993 FOR PROPOSED STREET VACATION OF A PORTION OF 75TH PLACE WEST RIGHT-OF-WAY (Applicant: City of Edmonds/File No. ST-93-131) (G) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT AMENDMENT NO. 2 WITH MERRIT + PARDINI IN CONNECTION WITH ARCHITECTURAL SERVICES FOR THE PUBLIC WORKS OPERATIONS AND MAINTENANCE CENTER ($ ) (H) ACCEPTANCE OF PUBLIC WORKS FUEL TANK REMOVAL PROJECT (1) REPORT ON BIDS OPENED JULY 16, 1993, FOR AUTOMATIC ACCESS DOOR OPERATOR PROJECT AND AWARD OF CONTRACT TO HENRIKSEN CONSTRUCTION SERVICES ($24,421.00 INCLUDING SALES TAX) AND APPROPRIATE $1,500.00 FROM FUND 116 ENDING CASH BALANCE (J) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF HEARING EXAMINER'S DECISION OF DENIAL FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY GRAVEL PARKING LOT AT 21221 76TH AVENUE WEST (Appellant/Applicant: Dale Kathol; File No. AP-93-99 & CUP-93-38) (K) AUTHORIZATION TO CALL FOR BIDS FOR THE TALBOT ROAD STORM DRAINAGE IMPROVEMENT PROJECT (L) AUTHORIZATION TO CALL FOR BIDS FOR THE CONSTRUCTION OF A NEW PUBLIC WORKS OPERATIONS AND MAINTENANCE CENTER (M) AUTHORIZATION TO CONTRACT WITH THE CITY OF MOUNTLAKE TERRACE TO PERFORM A CHIP SEAL ROAD WAY RESURFACING PROJECT ($ ) (N) RESOLUTION AUTHORIZING CIRCULATION OF ANNEXATION PETITIONS (0) APPROVAL OF DEED -OF -RIGHT ON THE BRACKETTS LANDING PARK SOUTH ACQUISITION 2. AUDIENCE 3. (5 Min.) PRESENTATION OF COMMENDATION TO HAROLD CHASE 4. (5 Min.) AUTHORIZATION TO FILL VACANT FIRE FIGHTER POSITION 5. (10 Min.) REPORT ON BIDS OPENED JULY 28, 1993, FOR DEMOLITION OF ALL STRUCTURES AT BRACKETT'S LANDING PARK SOUTH AND AWARD OF CONTRACT TO ($ ) 6. (60 Min.) CONTINUED COUNCIL DISCUSSION ON PROPOSED PLANNING BOARD COMMUNITY DEVELOPMENT CODE AMENDMENTS REGARDING: SECTION 27.00.060 - ADMINISTRATION; CHAPTER 17.30 - FENCES AND HEDGES; SECTION 18.40.030 -GRADING AND RETAINING WALLS; CHAPTER 20.20 - HOME OCCUPATIONS; SECTION 21.05.025 - REVISE DEFINITION OF 'ALLEY"; SECTION 21.90.120 - REVISE DEFINITION OF "STREET; SECTION 20.10.090 - CREATE NEW SECTION TO ESTABLISH TIME LIMITS FOR ADB APPROVALS; SECTION 16.50.010B.3 - REVISE SECTION TO CLARIFY PERMITTED LOCATION OF RESIDENTIAL USE IN THE BC ZONE; SECTION 21.35.017 - CREATE DEFINITION FOR TERM "GROUND.FLOOR' (FILE NO. CDC-92-237 / CDC-6-91) 7. (10 Min.) PROPOSED RESOLUTION FOR INTERFUND LOAN FOR WATER FRONT PROPERTY PAY OFF 8. (15 Min.) EXECUTIVE SESSION ON PROPERTY AND PERSONNEL MATTER 9. (5 Min.) MAYOR 10. (15 Min.) COUNCIL Parking and meeting rooms are accessible for persona with disabilities. Contact the City Clerk et 771-0245 with 24 hours advance notice for special accommodations. The Councll Agenda appears on Chambers Cable, Channel 32