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03/02/1993 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES March 2, 1993 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL ON MARCH 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. PRESENT Laura Hall, Mayor Dave Earling, Council President Steve Dwyer, Councilmember* Michael Hall, Councilmember* William Kasper, Councilmember John Nordquist, Councilmember* Jeff Palmer, Councilmember Tom Petruzzi, Councilmember Rachelle Eshleman, Student Representative * Indicates late arrival CONSENT AGENDA STAFF 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 (F) was removed from the Consent Agenda. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCIL - MEMBER PETRUZZI, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PALMER, FOR RECONSIDERATION OF APPROV- AL OF THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. Item (E) was removed from the Consent Agenda by Council President Earling. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER KASPER,•TO APPROVE THE BALANCE OF THE CON- SENT AGENDA. MOTION CARRIED. The approved items are as follows: (A) ROLL CALL V. (B) APPROVAL OF MINUTES OF FEBRUARY 16 AND FEBRUARY 23, 1993 A.l1)VL s (C) APPROVAL OF CLAIMS WARRANTS FOR WEEK OF FEBRUARY 22, 1993 ppL)(D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM LOUISE RUST ($345.40) C��IL���uihti��`1 ADOPTION OF FINDINGS OF FACT & CONCLUSIONS OF LAW REGARDING APPEAL OF HEARING EXAMINER'S DECISION GON A CONDITIONAL USE PERMIT FOR GRADING AT 1110 DALEY PLACE A ellant: Arlene McCormick/File No. AP-32-2 ET AL/APPLICANT: MARK MCNAUGHTON/FILE NO. CUG-92-178 From February 16, 1993 Item E on the Consent Agenda COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO APPROVE ITEM (E) ON THE CON- SENT AGENDA. MOTION CARRIED with Council President Earling abstaining as he did not participate in the subject hearing. At 7:02 p.m., Councilmember Dwyer arrived. AUTHORIZATION TO REPLACE 5 COMMUNITY SERVICES VEHICLES UNITS 15, 18, 19, 21 & 36) FROM STATE CONTRACT 63,644.21 Item F on the Consent Agenda COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO PLACE THIS ITEM ON THE FINANCE `�.4-L—COMMITTEE FOR DISCUSSION. Under discussion, Councilmember Kasper said he was under the impression that any major purchases would first be sent to the Finance Committee before going before the full Council. Councilmember Petruzzi agreed with Councilmember Kasper. MOTION CARRIED. Mayor Laura Hall recognized Scout Troop 367 in the audience who were present to earn their Citi- zenship & Merit badge. Mayor Hall thanked them for coming. - Councilmember Hall arrived at 7:04 p.m. AUDIENCE 4� Lawrence McClean, 7732 52nd Place, Edmonds, said a recent decision and directive of the City Council is not being adhered to with respect to construction activities of an adjacent neighbor. Mr. McClean distributed photos of the subject area and asked the Mayor and Council to please look \, into the matter as soon as possible. At 7:07 p.m., Councilmember Nordquist arrived. Councilmembers expressed concern over Mr. McClean's comments and it was noted that John Bissell; Code Enforcement Technician for the City, would be dispatched to the subject site. Councilmember Dwyer asked City Attorney Scott Snyder if the City could place a stop work order on the subject property if it is found that the City's directives are not being followed through, and Mr. Snyder N,t^ replied affirmatively. Councilmember Dwyer asked that the Council be informed of the outcome of the Staff visit to the property. Mayor Hall said she would be in contact with Mr. McClean. �}J Roger Hertrich, 1020 Puget Drive, expressed concern that the Planning Board Agendas are not pub- lished in the newspaper. Mr. Hertrich said many of the issues before the Planning Board also come before the Council, and citizens do not have an opportunity to voice their opinions at the Plan- ning Board level. Mr. Hertrich was concerned over the proposed building code amendments and felt many more people would have attended the Planning Board meetings to discuss the proposed amend- ments had the agenda been published. Mr. Hertrich discussed his concern over the proposed build- ing code amendment concerning fences., and distributed a copy of an ordinance from Lake Stevens which addressed fences, and felt it was a good ordinance. Councilmember Petruzzi suggested placing a -10 minute discussion on an upcoming Council agenda regarding possible publication of Planning Board Agendas. Council President Earling said he will be talking with the Chair of the Planning Board the next day and will discuss this with him. City Clerk Rhonda March said the budget for publishing Planning Board agendas was previously cut due to budget constraints and since the City Clerk's office is responsible for this line item, it would have to be re -budgeted. Dee Giguere, 1018 Walnut Street, discussed the City's current Transportation .Study. Ms. Giguere v said a small group, including herself, attended the public meeting, and was disturbed to learn �L,1( that there was not an emphasis placed on decreasing traffic going through the City. Ms. Giguere J✓�^� believes the transportation study should include this as a component. Ms. Giguere said a petition is being circulated regarding this issue and will be forwarded to the City in the near future. With no other member of the audience coming forward, Mayor Hall closed the audience portion of the meeting. , PRESENTATION ON "TEEN HOPE" BY LINDA MEYER ON PROPOSED TEEN SHELTER IN SOUTH SNOHOMISH COUNTY Linda Meyer, and David Jones, Counselor at Meadowdale High School, said they previously talked with Councilmember Palmer concerning "Teen Hope" and Councilmember Palmer suggested they come �� '.✓ ;i before the full Council with their presentation. 1 Ms. Meyer directed the attention of the Mayor and Council to a video tape presentation concerning (� "Teen Hope. Ms. Meyer said each year there are 100 - 200 young people in crisis in South Snohomish County who are in desperate need of emergency shelter. Teen Hope is a non-profit organ- ization founded to develop a shelter for abused and homeless teenagers in south county. The facil- ity is being modeled after the successful "Cocoon House" program which opened in Everett in June of 1991. Ms. Meyer said Cocoon House which has nine beds, is currently the only facility in all Snohomish County whose purpose is to provide emergency shelter for homeless and abused teenagers. Ms. Meyer said teens in south Snohomish County must currently leave their home communities to travel to Everett for help, and said "Teen Hope" will help alleviate this problem. Ms. Meyer said "Teen Hope" will provide emergency care for kids in crisis. Ms. Meyer and Mr. Jones said the Edmonds Police Officer's association as as well as the Mountlake Terrace Police Officer's association have made donations which have enabled "Teen Hope" to file for non-profit status. Ms. Meyer and Mr. Jones asked the Mayor and Council for letters of support for this project. Ms. Meyer said community support is mandatory to the process of applying for grants. Councilmembers discussed the merits of "Teen Hope" and felt it was a very worth while program. The Council was pleased to hear of the support of the police departments. Wally Tribuzio, Assistant Police Chief, gave his support to the project and said "Teen Hope" is much needed in South Snohomish County. - It was noted that the Mayor and Council President Earling would both draft letters of support for "Teen Hope". Ms. Myers and Mr. Jones thanked the Mayor and Council. EDMONDS CITY COUNCIL APPROVED MINUTES Page 2 March 2, 1993 EXECUTIVE SESSION ON A PROPERTY MATTER �C' Mayor Hall, with the concurrence of the Council, added Item 3A to the agenda "Executive Session on a property matter". The Mayor and Council recessed at 7:51 to an Executive Session to discuss the property matter and reconvened in Council Chambers at 8:20 p.m. REVIEW AND APPROVAL OF AUTOMATIC AID AGREEMENT WITH KING COUNTY FIRE DISTRICT #4 Chief Buzalsky said the City of Edmonds currently has a Mutual Aid Agreement in effect with King �u.+�� County Fire District #4 (Shoreline). The Edmonds Fire Department requests to replace the Mutual C Aid Agreement with an Automatic Aid Agreement. This would allow for immediate response to fire n 0 calls within both fire department service areas. The recent addition of a direct communications i1 center has been completed. This now eliminates any time delay in communicating an emergency 1!� f need. Chief Buzalsky said each fire department would only respond into close border grids. This would then limit the use of automatic responses to approximately two to six times a year. Chief Buzalsky reported there would be no reimbursement required for services rendered or received. Chief Buzalsky recommended that Council authorize Mayor to sign an Automatic Aid Agreement with King County Fire District #4. Councilmember Dwyer asked what the estimate is regarding increases in responses as a result of this agreement. Chief Buzalsky there would be no increase in responses, as a Mutual Aid Agreement is already in effect. Councilmember Palmer asked if this agreement would jeopardize service in Edmonds, and Chief Buzalsky replied negatively. Councilmember Palmer asked if this was discussed at the Public Safety Committee, and Councilmember Dwyer, Public Safety Committee member replied affirmatively and recommended approval. Councilmember Kasper said he would like to see records indicating the level of service, and the amount of service provided to areas which are up and above the service area within the City of Edmonds, and gave Esperance as an example. Chief Buzalsky said records on this are kept and are readily available. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO AUTHORIZE THE MAYOR TO SIGN AN AUTOMATIC AID AGREEMENT WITH KING COUNTY FIRE DISTRICT #4. MOTION CARRIED. REVIEW AND AUTHORIZATION TO REPLACE THE MINI PUMPER (UTILITY#6) (cont'd from February 2, 1993) This item was briefly discussed and moved to the Finance Committee Agenda of March 9, 1993 for further discussion and consideration. CONTINUED DELIBERATION ON PROPOSED BUILDING CODE AMENDMENTS cont'd from Hearing on February 2, Rob Chave, Planning Manager, said the City Council held a public hearing and discussion of sever- al items relating to building permits during its February 2nd meeting. Mr. Chave reviewed the conclusions reached during that meeting, and proceeded to review the various proposed building code amendments relating to fence permits, rockery and retaining walls, street -use permits, decks and patios, and permit renewals. After reviewing these, and additional Council input was re- ceived, COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, THAT THE COUNCIL PRESI- DENT SET A DATE FOR A HEARING ON THE PROPOSED AMENDMENTS. MOTION CARRIED. PROPOSED RESOLUTION AUTHORIZING APPEAL OF ADOPTION OF SNOHOMISH COUNTY GROWTH MANAGEMENT POLICIES COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER PALMER TO APPROVE RESOLUTION 764 AUTHOR- IZING APPEAL OF ADOPTION OF SNOHOMISH COUNTY GROWTH MANAGEMENT POLICIES. MOTION CARRIED. ti� e MAYOR Mayor Hall updated the Council on recent issues at the AWC Conference. Regarding Criminal Justice funding, Mayor Hall said it is the consensus from the legislature that it will be funded. Mayor Hall said the recent Burlington Northern train ride was a pleasant experience. Mayor Hall said "the wall" in her office is now completed. City Attorney Scott Snyder said the Council has been briefed on four staff requests, and the following motions were passed relating to those requests. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, FOR ACCEPTANCE OF $31,000 GRANT tO FROM THE W.S.D.O.T. FOR A MULTI -MODAL FACILITY PLANNING ASSISTANCE, GRANT AGREEMENT GC9771. `.,;,f MOTION CARRIED with Councilmember Kasper voting no as he stated these kind of grants have always been a waste. EDMONDS CITY COUNCIL APPROVED MINUTES Page 3 March 2, 1993 City Attorney Scott Snyder said information provided to Staff indicates the funds would need to be accepted, contracted for, and expended by June of 1993. Mr. Snyder said as the Council is aware, the City's consultant selection process for large consultant agreements in excess of $15,000, would put a lot of pressure in having the study completed by June of 1993. Mr. Snyder said, therefore, Staff is requesting, pursuant to ECC2.8O.8O80, that a contract addendum be au- thorized with MAKERS as an emergency service. S COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO GRANT AUTHORIZATION TO STAFF TO i COMMENCE NEGOTIATIONS WITH "MAKERS". MOTION CARRIED with Councilmember Kasper voting no, as he �said MAKERS is not adequately performing their prescribed duties. Mr. Snyder said Staff requests authorization of negotiations in engineering services, of approxi- mately $700, with ABACUS Engineers, in order to advise the City regarding potential claims in anticipation of litigation. Mr. Snyder said this authorization is pursuant to ECC2.80.040. c^�5MMOVED, SECONDED COUNCILMEMBER REEGARDINGNEGOTIATIONS INENGI EERING SERVICES, OFAUTHORIZATION APPROXIMATELY $700, WITHABACUS ENGINEERS, IN ORDER TO ADVISE THE CITY REGARDING POTENTIAL CLAIMS IN ANTICIPATION OF LITIGATION. MOTION CARRIED. Mr. Snyder said pursuant to ECC2.80.040, Staff requests authorization to negotiate services with Diane Shelton, Wetland Consultant, for wetland services in conjunction with the construction of the Public Works Facility, not anticipated to exceed $3500.00. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER DWYER, TO GRANT AUTHORIZATION TO STAFF TO NEGOTIATE SERVICES WITH DIANE SHELTON, WETLAND CONSULTANT, FOR WETLAND SERVICES IN CONJUNCTION WITH THE CONSTRUCTION OF THE PUBLIC WORKS FACILITY, NOT ANTICIPATED TO EXCEED $3500. MOTION CAR- RIED. COUNCIL Council President Earling said the Planning Board would like a joint meeting with the City Coun- cil concerning GMA Issues. It was the consensus to hold this at the Council work meeting of March 23. Council President Earling said at this time, there is no meeting scheduled'for the 5th Tuesday meeting of March. C C Council President Earling reminded Committee members to finalize their agendas, and to submit �ti UV) minutes of the meetings. CL�I� Council President Earling asked that all Council Retreat packet information be given to the Coun- cil Assistant by 10:00 a.m. Tuesday, March 9. Regarding the issue of abolishing Municipal Courts, Councilmember Dwyer referenced a compromised 1 ��Ud bill being introduced which exempts cities with Municipal Courts under 35,000 in population. 4`LCouncilmember Dwyer feels this will be passed. Councilmember Dwyer said he was disappointed in the contents of a letter written to the Mayor from the Sno-Isle Regional Library System. Councilmember Dwyer said he would like to see the Council discuss this issue further at a future Council Meeting. Councilmember Dwyer said -he would like the Council to receive a memo over the next weekend regarding Mr. McClean's concerns brought up under the audience portion. Councilmember Nordquist said the Sno-Isle Regional Library issue was discussed in his committee earlier, and agrees with Councilmember Dwyer that this needs to be revisited. Councilmember N 0 Nordquist said he will be in Chicago for a few days and will be riding the Burlington Northern IL i� Commuter train in Naperville. i With no further business before the Mayor and Council, Mayor Hall adjourned the meeting at 9:,29 p.m. THE ORIGINAL SIGNED COPY OF THESE MINUTES, AS WELL AS A TAPED RECORDING OF ALL COUNCIL MINUTES CAN BE LOCATED IN THE CITY CLERK'S OFFICE. _ Laura Hall, Mayor 4hda J. March�,City Clerk EDMONDS CITY COUNCIL APPROVED MINUTES Page 4 March 2, 1993 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 -10:00 p.m. MARCH 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 FEBRUARY 16 AND FEBRUARY 23, 1993 (C) APPROVAL OF CLAIMS WARRANTS FOR WEEK OF FEBRUARY 22, 1993 (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM LOUISE RUST ($345.40) (E) ADOPTION OF FINDINGS OF FACT & CONCLUSIONS OF LAW REGARDING APPEAL OF HEARING EXAMINER'S DECISION ON A CONDITIONAL USE PERMIT FOR GRADING AT 1110 DALEY PLACE (Appellant: Arlene McCormick / File No. AP-93-2, et al / Applicant: Mark McNaughton / File No. CUG-92-178) [from February 16, 1993] (F) AUTHORIZATION TO REPLACE 5 COMMUNITY SERVICES VEHICLES (UNITS 15, 18, 19, 21 & 36) FROM STATE CONTRACT ($63,644.31) 2. AUDIENCE 3. (15 Min.) PRESENTATION ON "TEEN HOPE- BY LINDA MEYER ON PROPOSED TEEN SHELTER IN SOUTH SNOHOMISH COUNTY 4. (10 Min) REVIEW AND APPROVAL OF AUTOMATIC AID AGREEMENT WITH KING COUNTY FIRE DISTRICT #4 5. (15 Min) REVIEW AND AUTHORIZATION TO REPLACE THE MINI PUMPER (UTILITY #6) (cont'd from February 2, 1993) 6. (30 Min.) CONTINUED DELIBERATION ON PROPOSED BUILDING CODE AMENDMENTS (cont'd from Hearing on February 2, 1993) 7. (5 Min.) PROPOSED RESOLUTION AUTHORIZING APPEAL OF ADOPTION OF SNOHOMISH COUNTY GROWTH MANAGEMENT POLICIES 8. (5 Min.) MAYOR 9. (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)