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02/02/1993 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES February 2, 1993 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL ON FEBRUARY 16, 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. The Council Meeting was preceded by a flag salute. MAYOR AND CITY COUNCIL STAFF Laura Hall, Mayor Dave Earling, Council President Steve Dwyer, Councilmember Michael Hall, Councilmember William Kasper, Councilmember, ABSENT John Nordquist, Councilmember Jeff Palmer, Councilmember Tom Petruzzi, Councilmember Rachelle Eshleman, Student Representative CONSENT AGENDA Paul Mar, Community Srv. Dir Art Housler, Admin. Srv. Dir. Rob Chave, Planning Manager Dan Prinz, Police Chief Bob Alberts, City Engineer Noel Miller, Public Works Supt. Rhonda March, City Clerk Scott Snyder, City Attorney Barb Mehlert, Recorder Item (8) was removed from the Consent Agenda. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEM- BER EARLING, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items are as follows: (A) ROLL CALL six) 15 (C) APPROVAL OF CLAIMS WARRANTS FOR WEEKS OF JANUARY 18 and JANUARY 25, 1993 AND PAYROLL p.w WARRANTS FOR JANUARY 20, 1993 ,y,(a (D) AUTHORIZATION TO PURCHASE 120 DOZEN SOFTBALLS FROM OLYMPIC SPORTS FOR 1993 LEAGUE PLAY ($4,869) �)a (E) AUTHORIZATION FOR MAYOR TO SIGN EMPLOYMENT CONTRACT WITH COUNCIL RESOURCE PERSON APPROVAL OF MINUTES OF JANUARY 19, 1993 AND JANUARY 26, 1993 (Item (B) on the Consent Agenda �0 (� COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE MINUTES OF JANUARY 19, 1993 AND JANUARY 26, 1993 WITH THE CORRECTIONS NOTED IN A MEMORANDUM FROM THE COUNCIL ASSIS- TANT. MOTION CARRIED. AUDIENCE Robert Sorenson, 338 3rd Avenue South, said he recently received a letter from the Department .of Ecology referring to a City ordinance which states that the wetland adjacent to the Treatment W Plant is a "historic continuous wetland". Mr. Sorenson said this is not true, as there is documen- tation stating that up until 1970, there was no wetland east of Highway 104. Mr. Sorenson said an r�existing sign stating "wildlife refuge" is incorrect, as the only "wildlife" he has ever seen are rats. On another subject, Mr. Sorenson said he heard the City was expending $170,000 for the construction of hot showers at Brackett's Landing. UU Arvilla Ohlde, Parks and Recreation Manager, said this is not correct. Ms. Ohlde stated the en- tire cost of improvements at Bracketts Landing total $170,000, and does not contain provisions �e S for hot showers. Ms. Ohlde said the shower heads will be constructed as before, and only account n pS, for an approximate 1% of the total cost of improvements. Councilmember Palmer asked Ms. Ohlde to `� 0''9 explain some of the improvements that will be made to Brackett's Landing, for the benefit of the L- audience. Ms. Ohlde said improvements include landscaping, redesign of the walkways, and a new entrance/gate. Jack Bevan, 19210 94th Ave. W., addressed the Charleston Environmental Impact Study, File CU-20- ev✓ 92/CU-92-221. Mr. Bevan said last week, he asked the Council for a judgement regarding the adequa- cy of the EIS submitted, and to date, no reply has been received. Mr. Bevan said on Wednesday, P(cx, 1' January 27, an ultimatum was sent to Mr. Charleston from the Responsible Official requesting a CpM $2,000 deposit for advertising for a consultant to repair the "flawed" document previously submit- ted. Mr. Bevan feels the City is practicing condemnation without renumeration. EXECUTIVE SESSION The Mayor and Council recessed at 7:05 p.m. to an Executive Session on a property matter and ,esstdv' labor negotiations. The Mayor and Council reconvened in Council Chambers at 7:45 p.m. PRESENTATION OF AMERICAN DISABILITIES ACT TRANSITION PLAN Brent Hunter, Personnel Manager, presented the Mayor and Council with the Americans wi.th.Disabili- �� ties Act Transition Plan. The Transition Plan is a requirement of the ADA. The Plan contains a. summary of the City's self evaluation of the accessibility of its facilities, services, and em- ployment practices. The Plan also specifies the improvements, which are needed to achieve accessi- bility, along with costs and a schedule for their completion. Mr. Hunter said the ADA requires the City to be in compliance by' January 1995. Mr. Hunter said this is not a request for funding at this time; it is only a presentation of the plan for the improvements. Mr. Hunter said this should be viewed as a planning guide. Mr. Hunter said the ADA Advisory Committee and City staff contributed a great deal of input, which contributed low-cost, practical ideas. Mr. Hunter said ADA improvements for 1993 only include buildings outside the Civic Center. Mr. Hunter said one aspect of the ADA requirement is to update all job descriptions so they meet ADA guidelines, and he suggested that they be updated as vacancies occur within the City. Councilmem- ber Palmer said the company he works for is undergoing the same ADA requirements/procedures and recommended that all job descriptions be updated at one time as he feels this gives greater con- sistency to the process. Councilmembers complimented Mr. Hunter on the document and the accompanying information. REVIEW OF SHORT -LONG RANGE FIRE APPARATUS REPLACEMENT PROGRAM Buzz Buzalsky, Fire Chief, said apparatus replacement is a very important aspect of managing a r Fire Department, as dependable apparatus is crucial to successful emergency response and operat- ing effective on emergencies. Chief Buzalsky said the Fire Department needs to keep the current v5 equipment maintained in the best possible condition and also plan for future replacements in a r�t,� �pro-active manner. The cost of replacing apparatus has traumatically increased over the last few p 0� eyears due to many safety standards that are required on all new apparatus. Fire engines that cost �..P e $30,000 twenty years ago, now cost in excess of $200,000. Planning is very important in maintain- ��� ing quality and efficient fire apparatus. Chief Buzalsky referenced Attachment 1, which contained a brief description of each apparatus and aid car within the Fire Department. It also itemized the major cost for 1992 for maintenance of each, along with a brief description of general condition, and the projected 1993 re- pair/maintenance cost. Chief Buzalsky reviewed Attachment 2, which gave an overview of the 1992 operation cost by Bars number and vehicle. Chief Buzalsky also reviewed Short Range (1-5 years) and Long Range (over 5 years) Fire Department needs. Chief Buzalsky said because of the amount of funding that will be needed in 1999, the Staff would suggest the City plan for a Bond Issue sometime in the next 5 years. Chief Buzalsky said because of the need for the replacement of both fire stations in the near future, it may be prudent to consider a Bond Issue for station replacement along with upgrading apparatus. Chief Buzalsky illustrated the 005 Fund, via an overhead chart, which was also included in the attachment to the Agenda Memo listed as "Attachment 0". Councilmember Dwyer said the Public Safety Committee recommended this discussion come before the entire Council because of the significant amount of money involved, and in particular, given the number of items that may conceivably be bonded between now and the end of the century. Councilmem- ber Dwyer thought it was important for the Council to discuss it now, because if the idea of a bond issue late in the decade doesn't seem likely, the City will then have to adopt some other plan to take care on the long-range needs of the Fire Department. Chief Buzalsky said some serious problems have arisen with regards to the City's mini -pumper, since he last addressed fire department issues with the Public Safety Committee. Chief Buzalsky said the vehicle has many serious problems which, if repaired, would cost approximately $7,000. just to get it running. Chief Buzalsky suggested the City sell it, and in its place, the Fire Department could take their 3/4 heavy duty pickup truck from the Fire Department, and put a new utility box on it, for the approximate cost of $7,000. Chief Buzalsky said this would then re- place the mini -pumper, providing the City with a better mini -pumper because the pickup truck is in much better shape then the current mini -pumper and would require less maintenance. Chief Buzalsky said in turn, he suggested replacing the pickup truck with a Ford Taurus, for approxi- mately $13,000, for a total cost of $20,000. Councilmember Petruzzi said he believes it is a unanimous conclusion from the Council and Mayor's point of view, that Fire Department equipment replacement is of the utmost importance. Councilmem- EDMONDS CITY COUNCIL APPROVED MINUTES Page 2 February 2, 1993 ber Petruzzi feels the Fire Department's budget for next year is going to require an amount for equipment replacement in excess of $40,000, as the Fire Department cannot operate on a $40,000 reserve. Councilmember Petruzzi said the City should start planning for this item now. Councilmember Dwyer said it is possible over the next seven years, to acquire the $750,000, which is going to be needed in 1999. Councilmember Dwyer said when this issue is revisited, the Council should discuss whether the City should be putting itself on a program to acquire the $750,000 over the next seven years as opposed to a bond issue, or should the City look to possibly having a bond issue. Councilmember Palmer said the Council should also be thinking about facility needs that he be- lieves will be a full requirement, including construction of another station and remodeling of both existing fire stations. Councilmember Palmer said he doesn't see the city being able to finance these items though the General Fund. Councilmember Palmer said a bond issue will proba- bly be a requirement and rolling the equipment into that type of a bond issue would be the direc- tion he would like to see the city take. Councilmember Dwyer complimented Chief Buzalsky for the long term planning he has performed. Regarding the mini -pumper, Chief Buzalsky said he would like to receive Council authorization to sell the present mini -pumper, rather than investing monies to repair it. Council President Earling suggested placing the item on the regular Council Agenda, to facilitate discussion on the item. Councilmember Nordquist questioned the requested purchase of a Ford Taurus. Councilmember Nord- quist said the total amount of funds requested is really $20,000, and Chief Buzalsky replied affirmatively. Councilmember Nordquist reaffirmed that the Council would have to authorize Chief Buzalsky to go to bid for the Ford Taurus, as well as the conversion of the pickup, because of the amount of monies involved and Chief Buzalsky replied affirmatively. Councilmember Nordquist said this is not a Consent Agenda item. Councilmember Petruzzi asked Chief Buzalsky if the Fire Department would lose a vehicle in. the. process Chief Buzalsky is describing, and the Chief replied negatively. Council President Earling scheduled further discussion on this item for March 2, 1993 Council Agenda. UPDATE ON PROPOSED PLANNING BOARD AMENDMENTS TO EDMONDS COMMUNITY DEVELOPMENT CODE � QO Rob Chave, Planning Manager, said the Planning Board has been working on a number of ECDC amend- �5ments. Mr. Chave updated the Council on the general range of items being considered, and their ^ current status. Mayor Hall recognized Planning Board member Mike Cooper a.nd newly appointed Planning Board Member alternate Paula Marmion in the audience. Council discussed the proposed amendments, and with the concurrence of Planning Manager Rob Chave, the Council decided to schedule a public hearing on April 5th, 1993, with regards to the proposed amendments. Staff felt that by this time, the Planning Board would have completed a number of ECDC proposed amendments, and it was the preference of the Council to hold a few hear- ings addressing all of the proposed amendments, rather than holding individual hearings. Council - members believed this would be the most efficient way to handle them, and would better facilitate citizen involvement. HEARING ON PROPOSED BUILDING CODE AMENDMENTS Rob Chave, Planning Manager, discussed the proposed changes in Building Permits, which included criteria for fence permits, rockery and retaining walls, street use permits, decks and patios and permit renewals. Public Testimony Mayor Hall opened the public portion of the hearing. As no member of the audience came forward, Mayor Hall closed the public portion. At 8:45 p.m., Student Representative Rachelle Eshleman left the meeting. Council discussion and deliberation EDMONDS CITY COUNCIL -APPROVED MINUTES Page 3 February 2, 1993 Councilmembers discussed the proposed changes, item by item, and asked Rob Chave to gather some material showing what direction other communities in the Puget Sound area.are going in.with re- gards to street use permits and other issues for.Council review. HEARING ON PROPOSED COUNTY -WIDE POLICIES DRAFT Rob Chave, Planning Manager, referenced the draft City of Edmonds comments to be forwarded to Snohomish County Council regarding proposed countywide planning policies. Mr. Chave said the County Council is scheduled to hold a public hearing. on the policies on February 4, 1993. The County, under the Growth Management Act, has the ability to adopt the policies, taking into con- sideration any comments received from the cities. Mr. Chave said the draft City of Edmonds com- ments is the result of previous discussion and direction from the Edmonds City Council. Public Testimony Jack Bevan, 19210 94th.Ave. W., said it appears to 'him that the Countywide Planning Policies will effectually downzone the County and upzone cities. Mr. Bevan said the County's projection of a 20% population growth in Edmonds would most likely result in a major increase in multifamily housing in Edmonds. Mr. Bevan said the City should oppose the Policies and perhaps go to Olympia and ask for amendments to the Growth Management Act. Paul Nolan, 9216 Sierra Street, said he is a member of the Community Advisory Board to the Snohomish County Tomorrow Steering Committee. Mr. Nolan said he feels the County has spent a lot of time and effort with the cities in designing the policies, however, there has been very little input on the part of citizens in, this community or in the County as a whole. Mr. Nolan said the Community Advisory Board has never received a complete list of the policies, so they could effec- tively comment on them. Mr. Nolan said there has never been a consensus on the Steering Committee on any one part of any one policy, as far as the policy as a whole. Mr. Nolan said he does not believe the draft Countywide Policies are indeed, in draft form; Mr. Nolan believes the policies, as written, are intended as the final document. Mr. Nolan distribut- ed to the Mayor and Councilmembers, a Determination of Significance and Adoption of existing environmental document and addendum" City Clerk Rhonda.March marked this "Exhibit 1". Mr. Nolan referenced the County document where it states "the lead agency has determined this proposal is likely to have a significant adverse impact on' the environment". Mr. Nolan said the County should be required to say what they feel those adverse impacts are, as'Mr. Nolan said this statement will have an effect on what the City of Edmonds will look like in the future. Mr. Nolan portrayed to the Mayor and City Council, what he feels are several inconsistencies throughout the document. Mr. Nolan requested the City of Edmonds challenge the adequacy of the environmental documents that are used to support the Draft Countywide Policies. Mr. Nolan referenced a letter attached to Exhibit 1, which is a letter from the Snohomish County Property Right Alliance, challenging the adequacy of the Vision 2020 FEIS and and the Snohomish County Environmental Impact Statement Addendum to it dated January 11, 1993, as it relates to the Determination of Significance for the proposed Countywide Planning Policies. Mr. Nolan said unfor- tunately, according to the County and Prosecuting Attorney, citizens cannot challenge the adequa- cy of the subject document,'as it is written into the Growth Management Act,' that appeals may be made by only the Governor of the State of Washington and cities located whole and in part of Snohomish County. Councilmember Hall agreed with Mr. Nolan and feels the City should pose a challenge. As there was no other member of the audience wishing to speak on this topic, Mayor Hall closed the public portion.of the hearing. Council discussion and deliberation Councilmember Palmer agreed with both speakers, and said he believes the EIS is inadequate. Coun- cilmember Palmer said the City is being provided by the County, with a blueprint .for a loss of local control. Councilmember Palmer said the City has taken every, opportunity to provide _input; and follow the process, even though it has been met with little success. Councilmember Palmer said he would like the Council to consider' challenging the adequacy of the environmental docu- ments as Mr. Nolan suggested. Councilmember Palmer said the City of Edmonds could ask other cit- ies to join in the process as well. Councilmember Palmer said Rob Chave has done an excellent job in following the County's work on the polices, but said the County has never indicated a time table where the entire package would come back to the City Council for adoption or rejection. Mr. Chave said the County, to his knowledge, is not considering this type of process. EDMONDS CITY COUNCIL APPROVED MINUTES Page 4 February 2" 1993 Councilmember Petruzzi agreed with both speakers, and said the Countywide Policies far outreaches the original purpose as outlined by the State in the Growth Management Act.. Councilmember Petruzzi believes the policies enhances the County's position, and diminishes the cities posi- tion. Councilmember Petruzzi said he agrees with Mr. Nolan, that the document, as far as the County is concerned, is a final product, and not a draft. Councilmembers stated the comments gathered and drafted by Rob Chave with regards to the Countywide Policies should be presented to the County Council with a strong statement that they are more than simply comments. The Council wants to make sure the County receives the message that the Edmonds City Council will not consider endorsing the Policies unless the city's comments and concerns are dealt with and incorporated into the final document. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO REJECT THE PROPOSED DRAFT COUNTYWIDE GMA IMPLEMENTATION POLICIES AND FORWARD THE COMMENTS DRAFTED BY MR. CHAVE TO SNOHOMISH COUNTY IN A LETTER STATING THAT, WITH ACCEPTANCE OF THOSE CHANGES, WE WOULD BE WILLING TO RECON- SIDER ACCEPTANCE OF THE DOCUMENT. As a procedural matter, COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER HALL, TO EX- TEND THE MEETING 10 MINUTES. MOTIN CARRIED. MOTION TO REJECT THE PROPOSED DRAFT COUNTYWIDE GMA IMPLEMENTATIONS CARRIED UNANIMOUS. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER HALL, TO DIRECT THE CITY ATTORNEY TO INVES- TIGATE THE OPTION OF THE CITY CHALLENGING THE DETERMINATION OF SIGNIFICANCE ON THE BASIS OF ADE- QUACY OF THE DOCUMENTS AND BRING BACK A REPORT TO THE COUNCIL ESTIMATING THE COSTS, PROVIDING THE COUNCIL WITH OPTIONS AND A RECOMMENDATION. Under discussion, City Attorney Scott Snyder clarified that the intent of the motion applies to the Countywide Policies as well as the EIS with the GMA and also look to where the City's next decision point might be, which probably would be the adoption of the substantive policies. In essence, Mr. Snyder said the City would be looking at the EIS, the Countywide 'Polices and then the substantive implementation. Councilmember Palmer said that is the intent of his motion. Under discussion, Councilmember Dwyer said he would vote in favor of the motion on the basis that this is the type of information, that under almost any circumstances, any Councilmember ought to be able to find out in order to determine how to proceed. Councilmember Dwyer said his voting in favor does mean he is casting his ballot in advance either way, for what he believes is the best way to go. MOTION CARRIED UNANIMOUS. MAYOR Mayor Hall asked for confirmation/reappointments of Cemetery Board members Esther Sellers and Jimmy Riecken. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, FOR CONFIRMA- TION OF ESTHER SELLERS, POSITION #5 AND JIMMY RIECKEN, POSITION #7. MOTION CARRIED. 0 Mayor Hall asked for confirmation of Library Board Member Marion Wilkerson, position #5 COUNCIL- MEMBER HALL MOVED, SECONDED BY COUNCILMEMBER PALMER, FOR APPROVAL OF MARION WILKERSON. MOTION 0� CARRIED. Mayor Hall asked for confirmation of Boyce Clark, for Position #1 of the Civil Service Commis- sion. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, FOR CONFIRMATION OF BOYCE MOTION CARRIED. CIJ1'C-9-- CLARK, POSITION 1. 5+e, Mayor Hall reminded Councilmembers of the upcoming School District Meeting on February loth, 1993. Mayor Hall reported on the recent DARE graduation of 70 students from Seaview Elementary. COUNCIL Council President Earling thanked City Attorney Scott Snyder for the recent Communications Work- shop. Council President Earling said the Council Retreat is set for Saturday, March 13. l.0 uL Council President Earling reported he has spoken with Mr. Finkelstein from AWC in response to Councilmember Dwyer's request to change the City's code so the City Council could employ a cleri- cal employee, and AWC's subsequent action of not including it for 1993 discussion. Councilmem- bers requested that Mr. Finkelstein, or a representative attend a Council meeting to discuss it further. 0 V%' EDMONDS CITY COUNCIL APPROVED MINUTES Page 5 February 2, 1993 Council President Earling said at the last meeting, he requested a Financial Forecast from Art Housler. After following up with Art, it is Councilmember Earling's understanding that the Fore- cast has been in the Mayor's office for the last few weeks. Council President Earling requested the information be sent to the Council in their next packet. At 10:15 p.m., Mayor Hall adjourned the meeting. THE ORIGINAL SIGNED COPY OF THESE MINUTES, AS WELL AS A PERMANENT RECORDING OF ALL COUNCIL MEET- INGS ARE ON FILE IN THE CITY CLERK'S OFFICE. Laura .H a 11 Malor R onda J. March, City Clerk EDMONDS CITY COUNCIL APPROVED MINUTES Page 6 February 2, 1993 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 -10:00 p.m. FEBRUARY 2, 1993 CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. (10 Min.) CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF MINUTES OF JANUARY 19, 1993 AND JANUARY 26, 1993 (C) APPROVAL OF CLAIMS WARRANTS FOR WEEKS OF JANUARY 18 AND JANUARY 25, 1993 AND PAYROLL WARRANTS FOR JANUARY 20, 1993 (D) AUTHORIZATION TO PURCHASE 120 DOZEN SOFTBALLS FROM OLYMPIC SPORTS FOR 1993 LEAGUE PLAY ($4,869) (E) AUTHORIZATION FOR MAYOR TO SIGN EMPLOYMENT CONTRACT WITH COUNCIL RESOURCE PERSON 2. AUDIENCE 3. (10 Min.) EXECUTIVE SESSION ON A PROPERTY MATTER AND LABOR NEGOTIATIONS 4. (15 Min.) PRESENTATION OF AMERICAN DISABILITIES ACT TRANSITION PLAN 5. (20 Min.) REVIEW OF SHORT- AND LONG-RANGE FIRE APPARATUS REPLACEMENT PROGRAM 6. (15 Min.) UPDATE ON PROPOSED PLANNING BOARD AMENDMENTS TO EDMONDS COMMUNITY DEVELOPMENT CODE 7. (45 Min.) HEARING ON PROPOSED BUILDING CODE AMENDMENTS 8. (40 Min.) HEARING ON PROPOSED COUNTY -WIDE POLICIES DRAFT 9. (5 Min.) MAYOR 10. (15 Min.) COUNCIL THE PUBLIC IS INVITED TO ATTEND — PARKING AND MEETING ROOMS ARE ACCESSIBLE FOR THE DISABLED (An Interpreter for the hearing impaired is available with 24 hours advance notice to the City Clerk at 771-0245) REV. 1 /29/93