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09/21/1993 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES September 21, 1993 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR SEPTEMBER 28, 1993 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 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 J. Kasper, Councilmember John Nordquist, Councilmember, Exc. Absence Jeff Palmer, Councilmember Tom Petruzzi, Councilmember STAFF Paul Mar, Community Srv. Dir Buzz Buzalsky, Fire Chief Rob Chave, Planning Manager Jeff Wilson, Planning Sup. Bob Alberts, City Engineer Brent Hunter, Personnel Manager Rhonda March, City Clerk Scott Snyder, City Attorney Barb Mehlert, Recorder Mayor Hall announced Item 4 on the agenda will be deleted, as the applicant, by letter, official- ly withdrew his request regarding the proposed rezone. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI,TO ACCEPT THE WITHDRAWAL REQUEST, AS STATED IN A LETTER FROM THE APPLICANT. MOTION CARRIED. CONSENT AGENDA Items (B), (D) and (E) were removed from the Consent Agenda. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCIL PRESIDENT EARLING,' TO APPROVE THE -BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items are as follows: (A) ROLL CALL (C) APPROVAL OF CLAIM WARRANTS FOR WEEKS OF SEPTEMBER 7 AND SEPTEMBER 13, 1993 PAYROLL WARRANTS. V� FOR SEPTEMBER 15, 1993. (F) APPROVAL OF CABARET DANCE LICENSE FOR PROVINCES ASIAN RESTAURANT AND BAR AT 201 FIFTH AVENUE SOUTH. (G) APPROVAL OF CABARET DANCE LICENSE FOR SEATTLE STYLE SEAFOOD RESTAURANT AND BAR AT 190 W. DAYTON, #201. (H) AUTHORIZATION TO ACCEPT TEMPORARY CONSTRUCTION EASEMENT FROM CORY ANTONSEN AT 20019 MAPLEWOOD DRIVE; AND A PERMANENT STORM SEWER EASEMENT FROM GARY L. SMICK AT 20030 88TH AVE. (� W. (I) AUTHORIZATION TO ACCEPT BID FOR MINI PUMPER FROM WESTERN TRUCK EXCHANGE ($2650) 0 APPROVAL OF MINUTES OF SEPTEMBER 13, 1993 COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO APPROVE THE MINUTES OF SEPTEMBER 13, WITH A CORRECTION AS NOTED IN THE LATE PACKET, CONSISTING OF CORRECTED LANGUAGE IN Vv'D THE MINUTES, AS WELL AS COUNCILMEMBER DWYER'S REQUEST FOR SUBSTITUTION OF ONE WORD IN THE DOCU- V, V MENT. MOTION CARRIED. (corrections verified by taped recording of Council Meeting). REPORT ON FINAL CONSTRUCTION COSTS OF THE MAIN STREET ROADWAY IMPROVEMENTS PROJECT AND COUNCIL a REPORT ON FINAL CONSTRUCTION COSTS FOR THE 1993 STREET OVERLAY PROGRAM AND COUNCIL ACCEPTANCE OF PROJECT (Item (E) on the Consent Agenda) Councilmember Petruzzi noted that both Items (D) and (E) came well under budget, and commended Staff for a job well done. AUDIENCE As no member of the audience came forward, Mayor Hall closed the audience portion of the meeting. UPDATE BY CONSULTANT BRUCE AGNEW REGARDING TRANSPORTATION ISSUES AND FUNDING FOR THE MULTIMODAL �afiOK ROJECT 0� �foj6 Mr. Agnew reported that with the best score of 91 points out of 100, the Multi -Modal Project was named the top state project by a special state-wide panel and was granted its full $400,000 re- quest. Mr. Agnew said Snohomish County Councilwoman Karen Miller served on the panel and support- ed the project. Mr. Agnew said Paul Mar, Community Services Director and Community Transit staff deserve credit for excellent technical staff work. jYII Mr. Agnew said Mayor Hall's successful request for an endorsement letter from the Snohomish Coun- ty Tomorrow Executive Committele was also timely and may have helped further convince the panel of the regional significance of the project. Mr. Agnew said the Mosquito Fleet has a pending federal Appropriations Request for passenger only ferry dock construction for its North Puget Sound Ferry proposal that includes a small facility in Edmonds. In the course of the City's work with Mr. Behr and congressional and administration staff, it became clear that a potential source of additional federal constructions funds for the Multi -Modal facility is the ISTEA ferry program. Mr. Agnew said that last year's allocation was $14 million nationwide. This year's proposal is $21 million and there are a limited number of marine systems that qualify. Mr. Agnew said he will find out more about this program in his upcoming trip to Washington D.C. Council President Earling thanked Mr. Agnew and Mr. Mar for their excellent work. PLANNING BOARD'S RECOMMENDATION REGARDING PROPOSED REZONE OF APPROXIMATELY 2.227 ACRES LOCATED This hearing was cancelled at the request of the applicant. See Council action, top of page one. HEARING ON PLANNING BOARD'S RECOMMENDATION REGARDING PROPOSED NONPROJECT REZONE OF APPROXIMATELY Jeff Wilson, Planning Supervisor, said on July 28, 1993, the Planning Board held a public hearing on the proposed rezone of approximately .54 acres from RM-2.4 to BC, located at 22313 and 22319 76th Avenue West. t The Planning Board, after consideration of the Planning Division Staff Advisory Report, applicant testimony, and public testimony, adopted a recommendation to the Council for denial of the pro- posed rezone request. Mr. Wilson stated that Staff has concluded the proposed rezone, while consistent with the Compre- hensive Plan map designation, is inconsistent with the "goals" and "policies" of the Comprehen- sive Plan. Mr. Wilson said Staff recognizes this fact in and of itself is inconsistent, there- fore, staff is identifying the issues raised by this application for specific consideration dur- ing the current amendment process for the Comprehensive Plan. This effort will focus on resolving the inconsistency's between the current Comprehensive Plan map, and the text of the Comprehensive Plan. Mr. Wilson, via an overhead transparencies, displayed maps of the property and surrounding area in question. Councilmember Petruzzi said while reading the'Staff report, he feels that Staff, while recommend- ing denial of the application, still believes the rezone could have some merit. Mr. Wilson re- plied affirmatively, but said the inconsistencies between the current Comprehensive Plan map and the text of the Comprehensive Plan are too great at this time. Mr. Wilson said once these incon- sistencies are worked through, it might make sense to reconsider the requested rezone. Councilmember Kasper asked the City Attorney if the City has ever done any rezoning against the City's Comprehensive Plan. Mr. Snyder said no, it should not have happened, and said changes to zoning should be in conjunction with the Comprehensive Plan. Public Testimony Shirley Hammerick, 22322 76th Ave. West, said her house has been for sale for two years, and she has been unsuccessful in selling it as a residential area house. Ms. Hammerick said the majority of the area is commercial and the area surrounding her property is full of traffic and noise. Ms. Hammerick said the sidewalk fronting her house is in the City, while her property is in the coun- ty. Ms. Hammerick said she would like to see the area of 220th to the Highway become rezoned commercial. EDMONDS CITY COUNCIL APPROVED MINUTES Page 2 September 21, 1993 Testimony of -the Applicant Arnie Rodhall, 22313 76th Ave. West, said the entire neighborhood is expecting and agrees that the area will eventually be rezoned commercial. Mr. Rodhall said as this will eventually happen, he and his neighbor have applied for a rezone now. Mr. Rodhall said there is more opportunity for his property being rezoned commercial than leaving it as it is currently zoned. Councilmember Palmer said he did not hear anything in the testimony concerning attempts or inter- est in turning the property into multiple dwelling units. Mr. Rodhall said that is a possibility, but said a re -zone to a BC gives the property more opportunity. Pat Ikagami, owner of the Mazda Dealership fronting Highway 99, said she owns property on 76th and said there is a tremendous amount of traffic and congestion in the subject area. Ms. Ikagami said in the future, she would like to have her property on 76th rezoned commercial also. With no other member of the audience wishing to speak on this issue, Mayor Hall closed the public portion of the hearing. Council Discussion and Action City Attorney Scott Snyder said in 1985, after the Planning Board extensively reviewed the entire CG question, there was considerable public concern expressed by members of a variety of residen- tial neighborhoods on both sides of Highway 99. The language regarding intrusion and strictly limiting that intrusion came in as the increased density potential in the CG zone. Mr. Snyder said this is one subject that has a long public history and will be difficult to piece meal. Councilmember Dwyer said he views the existing zoning as being appropriate. Councilmember Dwyer said there is a buffer area between hard core CG along the highway and Single Family Zone on the west of 76th. Councilmember Dwyer said if the Council was to go along with the re -zone request, the City would be making profits of those people who in 1985 and several times after that, came before the Council and said if the Council allows these rezone requests near the highway to go forward, sooner or later, someone would be coming to the Council with a BC re -zone request, thus deteriorating the single family character for those people on the west side of 76th, which is the case before the Council now. Councilmember Dwyer said he doesn't believe the City should be reduc- ing the present RM stock of homes, because the City will be looking for RM zoning in the future as a result of the Growth Management mandates. Councilmember Dwyer believes the request should be turned down. Council President Earling agreed with Councilmember Dwyer. Council President Earling said he is concerned with transition between commercial and residential and is concerned that if the City allows the area to become commercial, it will continue west, thus eliminating the residential aspects. Council President Earling believes the subject should be reviewed during the Comprehen- sive Plan process. Councilmember Hall believes if there is any ambiguities in the Comprehensive Plan, it should go to the property owner. Councilmember Hall believes the re -zone request should be granted to the property owner so they can receive the full benefit of their property. Councilmember Petruzzi agreed with Council President Earling and Councilmember Dwyer and said the City will be looking for RM zoning as a result of Growth Management and feels RM zones should be kept intact. Councilmember Petruzzi believes the requested re -zone would be harmful to the commu- nity. Councilmember Kasper said he reviewed the Comprehensive Plan of 1966, and saw many areas where the City held up zoning requests because it was stated rezones couldn't be considered when the Comprehensive Plan was being worked on. Councilmember Kasper said the properties around the sub- ject area have lost their value as single family residences because of the increase in commercial use surrounding their properties and said this area is definitely commercial property and should be re -zoned such. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, THAT WE ADOPT THE RECOMMENDATION OF THE PLANNING BOARD FOR THE REQUEST OF THE RE -ZONE APPLICATION, THUS DENYING THE RE -ZONE RE- QUEST AND DIRECT THE CITY ATTORNEY TO PREPARE APPROPRIATE FINDINGS AN FACTS AND CONCLUSIONS BASED ON THE FULL RECORD BEFORE US CONSISTING OF TESTIMONY AND DISCUSSION TONIGHT. MOTION CARRIED with Councilmember Kasper and Councilmember Hall voting against the motion. Mayor Hall announced a 15 minute Executive Session will be held following item 8, to discuss a property matter. EDMONDS CITY COUNCIL APPROVED MINUTES Page 3 September 21, 1993 HEARING ON PROPOSED STREET VACATION OF A PORTION OF THE 75TH PLACE WEST RIGHT-OF-WAY LYING ADJA- CENT TO 15706 AND 15714 75TH PLACE WEST APPLICANT: CITY OF EDMONDS/FILE NO. ST-93-131 Jeff Wilson, Planning Supervisor, said during the building permit review process for new residenc- es at 15714 and 15706 75th Place West, the City required the dedication of 10-feet of the subject properties for addition to the 75th Place West right-of-way, and indicated on the City's old Official Street Map. Subsequently, it was discovered that City Ordinance 2799 reduced the re- quired right-of-way width of 75th Place West, between 164th Street S.W. to 156th Street S.W. from 60 to 40 feet. On March 23rd, the Engineering Division presented to the Council, a request for authorization to return the excess right-of-way to the respective property owners at no cost. The request was approved on the Council Consent Agenda. Mr. Wilson said vacation of the right-of-way does not appear to be detrimental to the general public interest. The proposed vacation is intended to reflect the revised policy of the City with respect to required right-of-way in the area, which provided for a reduction of required right- of-way from 60-feet to 40-feet. Mr. Wilson recommended the Council direct the City Attorney prepare an ordinance to vacate a portion of the 75th Place West right-of-way lying adjacent to 15706 and 15714 75th Place West. The ordinance to vacate the subject right-of-way should state that no compensation shall be re- quired of the recipients of the vacated right-of-way. Public -Testimony Grady Helseth, 14204 64th Ave: West, said he owns two lots to the south of the two properties in question and said he assumes there will be not be any dedication required of his parcel. Mr. Wilson said he didn't believe so, but would confirm this with a follow up phone call to Mr. Helseth. With no other member of the public wishing to speak on this issue, Mayor Hall closed the public portion of the hearing. Council Discussion and Action COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER EARLING, TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO VACATE A PORTION OF THE 75TH PLACE WEST RIGHT-OF-WAY LYING ADJACENT TO 15706 ABD 15714 75TH PLACE WEST. MOTION CARRIED. d- HEARING ON PROPOSED PLANNING BOARD COMMUNITY DEVELOPMENT CODE AMENDMENTS REGARDING SECTION D(0 P D S �17.00.060 - ADMINISTRATION; CHAPTER 17.30 - FENCES AND HEDGES; SECTION 20.10.090 - CREATE NEW 1 �t1 9 SECTION TO ESTABLISH TIME LIMITS FOR ADB APPROVALS; SECTION 16.50.0.010 B.3 - REVISE SECTION TO P M µ' CLARIFY PERMITTED LOCATION OF RESIDENTIAL USE IN THE BC ZONE; SECTION 21.35.017 - CREATE DEFINI- L� TION FOR TERM GROUND FLOOR' FILE NO. CDC -92-237/CDC-6-91 D 0 Section 17.00.060 - ADMINISTRATION F Scott Snyder said in drafting the proposed Section 17.00.060, he divided the interpretations into two general categories: 1) staff interpretations which are either initiated as a site specific interpretation or issued with respect to a specific development application, and 2) internal guidelines developed for staff use. These internal interpretations would be issued in order to address new or novel situations, ensure uniformity in the staff's application of the Code or address situations in which conflicting opinions had been raised in the past. Chapter 17.30 - Fences and Hedges Planning Supervisor Jeff Wilson referenced the draft ordinance relating to this chapter, which is in Council packets. Mr. Wilson noted it was the consensus of Council to require a fence permit over three feet within 10 feet of the public right of way would require a fence permit. Mr. Wil- son said if the fence is not within 10 feet of the right-of-way, but less than three feet in height, than a permit would not be required. Create new section to establish time limits for ADB Approvals, Section 20.10.090 Mr. Wilson referenced the draft ordinance in Council packets. The draft ordinance reflects the initial lapse of approval be 18 months from the date of the decision by the Architectural Design Board, and there is an opportunity for request for an extension up to one year to the original lapse of approval date. EDMONDS CITY COUNCIL APPROVED MINUTES Page 4 September 21, 1993 Revise Section to clarify permitted location of residential use in the BC zone, and Section 21.35.017 - Create definition for term Ground Floor" Fi e No. CDC-92-237/CDC-6-91 Mr. Wilson said under the proposed ordinance, residential uses would not be permitted on the ground floor of a B.C. zoned structure. Councilmember Hall asked how this would affect existing buildings who have primary access on a street that is typically a second floor of a building. Councilmember Hall said in reality, he believes the ground floor would be the second floor in his cited example. Mr. Wilson said this was discussed at the Planning Board meetings, and Council Meetings, and said on these types of situations, staff would also look at the historical use and access to the property. Councilmember Kasper inquired on businesses who have primary accesses located places other than the front side of the building. Mr. Wilson said under this type of situation, a staff interpreta- tion would be given, along with taking into consideration the historical use of the building. Public Testimony As no member of the audience wished to discuss any of the above items, Mayor Hall closed the audience portion of the hearing. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO DIRECT LEGAL COUNSEL TO DRAFT APPROPRIATE ORDINANCE FOR THE FIRST ITEM ON PROPOSED PLANNING BOARD COMMUNITY DEVELOPMENT CODE AMENDMENT REGARDING 17.00.060 - ADMINISTRATION. Under discussion, Councilmember Dwyer believes the City is heading into the right direction re- garding this matter. Councilmember Dwyer said this is a good example of a good working process and feels the draft ordinance contains much better language than it did in May of 1993. MOTION CARRIED. City Attorney Scott Snyder said Staff may have some fine tuning to the ordinance, and as a result it may require an additional public hearing. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO DIRECT LEGAL COUNSEL TO DRAFT THE APPROPRIATE ORDINANCE REGARDING CHAPTER 17.30 - FENCES AND HEDGES. Under discussion, Councilmember Kasper said he will be voting no for reasons stated in previous discussions. MOTION CARRIED with Councilmember Kasper voting no-.- COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER DWYER, TO DIRECT STAFF TO PREPARE THE ORDINANCE ON 21.10.090 - CREATE NEW SECTION TO ESTABLISH TIME LIMITS FOR ADB APPROVALS. MOTION CARRIED. Revise Section to clarify permitted location of residential use in the BC Zone; Section 21.35.017 - Create Definition for term Ground F oor" Councilmember Hall said the title is mis-leading and believes the term "residential use" should be eliminated and replaced with "multi -residential units". Councilmember Hall said he would like this to be changed. Councilmember Hall said the language clarifies what the Council is intend- ing, but said the title is mis-leading. City Attorney Scott Snyder suggested this be held over a week so he can revise this. Councilmember Hall said he believes the title can be effectively changed tonight. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER FOR DISCUSSION, TO ACCEPT THE ORDI- NANCE AS DRAFTED WITH THE AMENDMENT THAT THE TITLE BE CHANGED FROM "RESIDENTIAL USE" TO "MULTIPLE DWELLING UNITS" TO CLARIFY WHAT THE AMENDMENT WAS. Councilmember Petruzzi said he would prefer to have the City Attorney correct the title and have it appear on the Consent Agenda next week. MOTION FAILED with Councilmember Hall voting yes. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER KASPER THAT WE DIRECT LEGAL COUNSEL TO PROVIDE COUNCIL WITH A REDRAFT OF THE PROPOSED AMENDMENT AFTER THEY HAVE RESEARCHED WITH STAFF THE RAMIFICATIONS OF THE VARIOUS OPTIONS. Under discussion, Councilmember Hall said in the future, he would like Council to receive back up of what is to be changed and what the language was before the change took place, so Council could compare the two.MOTION CARRIED with Councilmember Dwyer voting no. EDMONDS CITY COUNCIL APPROVED MINUTES Page 5 September 21, 1993 COUNCIL DISCUSSION ON CITY COUNCIL DRAFT MINUTES DISTRIBUTION (From August 17, 1993) Councilmembers discussed the current method of City Council Draft minutes distribution. Council - member Petruzzi referenced a letter from a citizen, Natalie Shippen, who is requesting that the draft minutes be made available to the public the same time they are given to the City Council. As Ms. Shippen wished to address the Council concerning this issue, COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER DWYER, TO OPEN THIS SUBJECT UP FOR PUBLIC DISCUSSION. MOTION CARRIED. 1 vI u- Ms. Shippen said the new system routinely causes distribution delays, and said she has found the minutes to be excellent, and believes the practice of draft distribution to the public should be allowed. As no other member of the public wished to come forward, Mayor Hall closed the public portion of the meeting. Council discussion and Action Councilmembers discussed the current draft method of distribution. Council President Earling referenced research of minute taking from other cities, performed by the Council Assistant. Coun- cil President Earling said the current method of distribution of City Council minutes exceeds what other cities provides and said the tapes are available the morning following the meeting. After further discussion, COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER DWYER, THAT THE CITY CLERK'S OFFICE MAKE AVAILABLE, THE DRAFT COPIES OF THE MINUTES AT CITY HALL AND THAT THEY BE STAMPED "DRAFT, NOT APPROVED BY CITY COUNCIL" AND THE REMAINDER OF THE DISTRIBUTION SYSTEM STAYS THE SAME, INCLUDING THE MAILING. MOTION CARRIED with Council President Earling voting no. The Mayor and City Council recessed for a three minutes break at 9:05 p.m, and reconvened in the room adjacent to Council Chambers for their scheduled Executive Session on a property matter at 9: 06 p.m. The Mayor and Council reconvened in Council Chambers at 9:20 p.m. AUTHORIZATION TO FILL SECRETARY POSITION TO COMMUNITY SERVICES DIRECTOR S Brent Hunter, Personnel Manager, said this position is authorized in the 1993 Budget with a start- 05 ing date of October 1st. The position has been vacant since August 1992, when the former secre- tary transferred to the Mayor's Office. Mr. Hunter noted there is no change in job description or to the pay level. Mr. Hunter referenced the different options for filling this position, as writ- ten by Paul Mar, Community Services Director. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, THAT THE COUNCIL GIVE AUTHOR- IZATION TO FILL THE SECRETARY POSITION TO THE COMMUNITY SERVICES DIRECTOR AND TO SPECIFICALLY NOTE THAT THIS WAS A PRE -BUDGETED ITEM IN THE 1993 BUDGET. Under discussion, Councilmember Palmer said he would vote against the motion, as the Finance Committee has asked that monthly reports be given to the Committee regarding any requests for funding of vacant budgeted positions. Councilmember Palmer said the Committee was not provided any information regarding this position. Councilmember Palmer said he is not convinced the "house has been brought into order" regarding the Community Services area. Councilmember Petruzzi agreed and said if the Committee asks to review these requests, they should be afforded the opportunity to review them. Councilmember Kasper said will vote against the position, as he doesn't believe a two position situation in the Community Services Department is needed (Secretary and Office Administrator). MOTION TIED with Councilmember Dwyer, Councilmember Palmer, and Councilmember Kasper voting no, and Councilmember Petruzzi, Council President Earling, and Councilmember Hall voting yes, result- ing a tie vote. MAYOR HALL VOTED YES, BREAKING THE TIE, MOTION CARRIED. Brent Hunter, Personnel Manager, said as positions need to be filled as soon as possible, delays occur when there is no room on the agenda. Mr. Hunter said as the Finance Committee meets only once a month, this will result in delays to the process of filling positions. Councilmember Petruzzi said this should have come before the Finance Committee the month before, as the department knew for quite some time of October 1 starting date. Councilmember Earling said the Council did vote to bring all personnel requests before the entire Council, however, he be- lieves if a committee chooses to request an agenda item scheduled, it should be acknowledged. Mayor Hall said if the proper materials are prepared, the administration can comply with the request. Council President Earling said if the proper materials are not prepared, it should be delayed until the next committee meeting. EDMONDS CITY COUNCIL APPROVED MINUTES Page 6 September 21, 1993 Mr. Hunter said there are two vacancies in the Engineering division that will be brought forward to the Council next week. Councilmember Palmer said he found at the last Finance Committee Meeting that there are at least three positions needing to be filled, and none of those have been brought before the Committee. Councilmember Palmer said in most cases, the vacancies can be brought before the committee, as plans are being made well in advance. MAYOR Mayor Hall asked Mr. Hunter to address the Council on the vacancy of the Court Administrator. Mr. Hunter said next week he will be addressing the vacancy of the Court Administrator, however, he asked for Council approval to immediately advertise the position, as it is a management posi- tion, and is a revenue producing area. Councilmember Dwyer agreed with Mr. Hunter and said he would like the position to be filled by October 31, 1993. Councilmember Dwyer said by letting the vacancy go any time beyond October 31st puts the City in a negative position. Councilmember Dwyer said the Court does not currently have a manager to properly run the department. Councilmember Palmer agreed. Council gave authoriza- tion to Mr. Hunter to proceed on advertising for the position. Mayor Hall read a letter from Stevens Hospital where they stated they will not be building their tower, and will instead reconfigure, renovate and modernize the existing facilities. Mayor Hall asked Paul Mar to report on a UNOCAL meeting that he just returned from. Mr. Mar said the meeting was held at Harbor Square with UNOCAL representatives, as well -as Edmonds and Woodway residents, Arvilla Ohlde, and Rob Chave. Mr. Mar said the meeting was to explain what is going to happen at the next year or two at the site. COUNCIL COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO EXCUSE THE ABSENCE OF COUNCIL - MEMBER NOROQUIST. MOTION CARRIED. Council President Earling said the RTA will be meeting this Friday to take consideration of a $2.5 million grant (Central Puget Sound Account Grant). Council President Earling said there is a great possibility that part of the grant would be to analyze ridership for commuter rail between Everett and Seattle. Councilmember Palmer referenced a memo from the Mayor regarding 1994 Funding Requests. Councilmem- ber Palmer asked the Mayor if she was going to include these requests in her proposed budget. Mayor Hall said if the Council chose to have each group make a presentation to the Council on their funding requests, she would not include them in her budget. Councilmember Palmer said it is his preference that the Mayor consider each of the requests within her budget, and then if the Council decides they want to meet with any of the groups, it can be scheduled. Councilmember Hail referenced the articles regarding potential cut backs in programming proposed by Chambers Cable regardless of the fact they raised their rates. Councilmember Hall said he has been hearing that they are the most unreasonable people to deal with when it comes down to the rest of the cable operator. Councilmember Hall said it seems to him that anybody that is about ready to negotiate franchise with their franchise authority, such is the case with Chambers, would be willing to start thinking about upgrading services, which they are not. Councilmember Dwyer said he would like to discuss the issue of when is wetland delineations per- formed. Planning Supervisor Jeff Wilson, said this information is included in the critical areas check list. Councilmember Dwyer said he would be contacting staff regarding this issue. Councilmember Kasper said he has received complaints about motorhomes being parked in one block near Holy Rosary. Mr. Wilson said the issue of parked motor homes on public streets is on the Planning Board's extended agenda. With no further business before the City Council or Mayor, Mayor Hall adjourned the meeting at 9:59 P.M. THE ORIGINAL SIGNED COPY OF THESE MINUTES, AS WELL AS A TAPED RECORDING OF ALL CITY COUNCIL MIN- UTES CAN BE LOCATED IN THE CITY CLERK'S OFFICE. 42, S aura :---kcal 1 , Mayor R on�aa. Ma ch, City 'C er. EDMONDS CITY COUNCIL APPROVED MINUTES Page 7 September 21, 1993 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 - 10:00 p.m. SEPTEMBER 21, 1993 CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. (5 Min.) CONSENT AGENDA A. ROLL CALL B. APPROVAL OF MINUTES OF SEPTEMBER 13, 1993 C. APPROVAL OF CLAIM WARRANTS FOR WEEKS OF SEPTEMBER 7 AND SEPTEMBER 13, 1993 AND PAYROLL WARRANTS FOR SEPTEMBER 15, 1993 D. REPORT ON FINAL CONSTRUCTION COSTS OF THE MAIN STREET ROADWAY IMPROVEMENTS PROJECT AND COUNCIL ACCEPTANCE OF PROJECT E. REPORT ON FINAL CONSTRUCTION COSTS OF THE 1993 STREET OVERLAY PROJECT AND COUNCIL ACCEPTANCE OF PROJECT F. APPROVAL OF CABARET DANCE LICENSE FOR PROVINCES ASIAN RESTAURANT AND BAR AT 201 FIFTH AVENUE SOUTH G. APPROVAL OF CABARET DANCE LICENSE FOR SEATTLE STYLE SEAFOOD RESTAURANT AND BAR AT 190 W. DAYTON, #201 H. AUTHORIZATION TO ACCEPT TEMPORARY CONSTRUCTION EASEMENT FROM CORY ANTONSEN AT 20019 MAPLEWOOD DRIVE; AND A PERMANENT STORM SEWER EASEMENT FROM GARY L. SMICK AT 20030 88TH AVE. W. AUTHORIZATION TO ACCEPT BID FOR MINI PUMPER FROM WESTERN TRUCK EXCHANGE ($2650) 2. AUDIENCE 3. (lo MIN) UPDATE BY CONSULTANT BRUCE AGNEW REGARDING TRANSPORTATION ISSUES AND FUNDING FOR THE MULTIMODAL PROJECT 4. (3o MIN) HEARING ON PLANNING BOARD'S RECOMMENDATION REGARDING PROPOSED REZONE OF APPROXIMATELY 2.27 ACRES LOCATED SOUTH OF 7704 OLYMPIC VIEW DRIVE, FROM RS-12 TO RS-8 (APPLICANT: RUSSELL KIM, AGENT FOR DR. HAN PARK/FILE NO. R-92-39 (#2) 5. (3o MIN) HEARING ON PLANNING BOARD'S RECOMMENDATION REGARDING PROPOSED NONPROJECT REZONE OF APPROXIMATELY .54 ACRES LOCATED AT 22313 AND 22319 76TH AVENUE WEST FROM MULTIPLE RESIDENTIAL (RM-2.4) TO COMMUNITY BUSINESS (BC) [FILE NO. R-93-106/APPLICANT: ARNIE RODHALL AND LEILA FORSBECK] 6. (15 MIN) HEARING ON PROPOSED STREET VACATION OF A PORTION OF THE 75TH PLACE WEST RIGHT-OF-WAY LYING ADJACENT TO 15706 AND 15714 75TH PLACE WEST (APPLICANT: CITY OF EDMONDS/FILE NO. ST-93-131) 7. (45 MIN) HEARING ON PROPOSED PLANNING BOARD COMMUNITY DEVELOPMENT CODE AMENDMENTS REGARDING SECTION 17.00.060 - ADMINISTRATION; CHAPTER 17.30 - FENCES AND HEDGES; SECTION 20.10.090 - CREATE NEW SECTION TO ESTABLISH TIME LIMITS FOR ADB APPROVALS; SECTION 16.50.010 B.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) S. (10 MIN) COUNCIL DISCUSSION ON CITY COUNCIL DRAFT MINUTES DISTRIBUTION (FROM AUGUST 17, 1993) 9. (10 MIN) AUTHORIZATION TO FILL SECRETARY POSITION TO COMMUNITY SERVICES DIRECTOR 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 The Council Agenda appears on Chambers Cable, Channel 32