04/05/1994 City CouncilCITY COUNCIL APPROVED MINUTES
APRIL 5, 1994
THESE MINUTES WERE APPROVED AT THE CITY APRIL 19, 1994 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 Plaza Room, 650 Main
Street. The meeting was preceded by a flag salute.
ELECTED OFFICIALS
Laura Hall, Mayor
John Nordquist, Council President
Steve Dwyer, Councilmember
Michael Hall, Councilmember
William J. Kasper, Councilmember
Dave Earling, Councilmember
Barbara Fahey, Councilmember
Tom Petruzzi, Councilmember
STAFF
Paul Mar, Community Srv. Dir.
Art Housler, Admin. Srv.Dir.
Robin Hickok, Asst. Police Chief
Bob Alberts, City Engineer
Rob Chave, Planning Manager
Jeff Wilson, Planning Manager
Sandy Chase, Deputy City Clerk
Scott Snyder, City Attorney
Barb Mehlert, Recorder
APPROVAL OF THE AGENDA
COUNCILMEMBER FAHEY MOVED, SECONDED BY COUNCILMEMBER HALL, TO HOLD A 15
MINUTE EXECUTIVE SESSION AT THE BEGINNING OF THE MEETING ON A PERSONNEL
S�SS`O MATTER WITH PERSONNEL DIRECTOR BRENT HUNTER PRESENT. MOTION CARRIED.
Mayor Hall said she would like some time on the agenda to make some
comments. Council President Nordquist said these could be made
following the Executive Session.
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COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER HALL, TO
APPROVE THE AGENDA AS REVISED. MOTION CARRIED.
Before the Mayor and Council recessed to an Executive Session, Mayor
Hall expressed her sincere thanks to everyone for their support during
her recovery. Mayor Hall thanked all of the citizens for their cards,
flowers and good wishes. Mayor Hall thanked Staff for their work in her
absence and thanked Council President Nordquist for his Mayor Pro-Tem
duties while she was away.
At 7:05 p.m, the Mayor and Council recessed to an Executive Session on
a personnel matter. At 7:30 p.m, the meeting was reconvened in the
Library Plaza Room.
Mayor Hall announced her selection of Police Chief for the City of
Edmonds. Mayor Hall read a statement into the record regarding the
Police Chief selection.
Mayor Hall said a nationwide search was conducted by the Personnel
Department and the Citizen Assessment Committee beginning December,
1993. Mayor Hall said the search has produced a candidate with
"impeccable, personal and professional credentials". Mayor Hall
announced that Chief Tom Miller was the unanimous choice for the
position of Edmonds Police Chief. Mayor Hall said Chief Miller has both
a Masters and Bachelors Degree in Criminal Justice. Also, Mayor Hall
said he is a graduate of the FBI National Academy and Northwest Command
College. Chief Miller has also published a variety of articles of law
enforcement including "New wave management" which appeared in the
Police Chief Magazine in the March 1990 issue. He also received a
Distinguished Service Award while serving the City of Redmond.
Mayor Hall thanked the members of the Assessment Committee for
expertise which qualified them to select the executive.
Mayor Hall said Chief Miller has accepted the position of Chief and is
committed to make his home in the City of Edmonds. Mayor Hall said
Chief Miller is her choice to lead the Police Department into the year
2000.
Mayor Hall asked Councilmembers for confirmation of Chief Miller.
Council President Nordquist said the City Council accepts the
nomination. Council President Nordquist said the Council will now enter
into a process whereby the Council will have a confirmation vote on
next week's agenda.
CONSENT AGENDA
Items (B), (F), (G), (I), (J), (L), (Q), and (R) were removed from the
Consent Agenda. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER
NORDQUIST, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION
CARRIED. The approved items are as follows:
(A) ROLL CALL
�1 A'� (C) APPROVAL OF CLAIM WARRANTS FOR THE WEEKS OF MARCH 21 AND MARCH 28,
P
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V" (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM EWALS MAUSER AND
CHARLENE MAUSER ($9,000,000.00), PAUL C. MCRILL ($37.87), ANGELA
0,,k� �� BLACKBURN ($500,000.00), JAMES BLACKBURN ($500,000.00) AND GLORIA
BURKE ($500,000.00)
(E) AUTHORIZATION TO CALL FOR BIDS FOR THE 1994 WATER MAIN REPLACEMENT
PROGRAM
(H) REJECTION OF BID OPENED MARCH 21, 1994 FOR PURCHASE OF A RIDING
LAWN MOWER AND TRAILER FOR THE WATER/SEWER SECTION AND
2J AUTHORIZATION TO OBTAIN QUOTES
a�
City Council Approved Minutes
April 5, 1994
Page 2
(K) REPORT ON INFORMAL BIDS AND AWARD OF PRINTING BID TO AD PRO LITH,
INC. FOR SELF -GUIDED TOUR BROCHURE ($3,198.39)
(M) AUTHORIZATION FOR MAYOR TO EXECUTE AGREEMENT WITH HAMMOND, COLLIER
AND WADE-LIVINGSTONE ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING
SERVICES FOR LID 214 ($13,500)
(N) AUTHORIZATION FOR MAYOR TO SIGN THE EMERGENCY SERVICES
COORDINATION AGENCY (ESCA) INTERLOCAL AGREEMENT
(0) ACCEPTANCE OF PEDESTRIAN EASEMENT AT 7100 212TH STREET SOUTHWEST
FROM HERBERT SMILOWITZ
�61'nt'n� (P) RICHARDNCE ANDOMARGARETOOT DION, 7207 212THESTREETASOUTHWESTT FROM
UTILITY AND �J
(S) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT
WITH MILLIMAN AND ROBERTSON, INC. FOR SELF INSURING FEASIBILITY
STUDY FOR LEOFF I LONG TERM CARE DISABILITY ($5,000)
APPROVAL OF MINUTES OF MARCH 22, 1994 AND MARCH 29, 1994 AND SPECIAL
MEETING MINUTES OF MARCH 31, 1994
The City Council Minutes were approved separately.
Minutes of March 22, 1994
COUNCIL PRESIDENT NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO
APPROVE THE MARCH 22 CITY COUNCIL MINUTES WITH THE CORRECTION TO TO THE
DRAFT MINUTES AS SUBMITTED BY THE COUNCIL ASSISTANT. MOTION CARRIED
with Councilmember Petruzzi abstaining as he was not present for the
March 22nd Council Meeting.
Minutes of March 29, 1994
COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCIL PRESIDENT NORDQUIST,
TO APPROVE THE MINUTES OF MARCH 29 WITH A CORRECTION AS NOTED BY THE
COUNCIL ASSISTANT. MOTION CARRIED.
Minutes of March 31, 1994
COUNCIL PRESIDENT NORDQUIST MOVED, SECONDED BY COUNCILMEMBER EARLING,
TO APPROVE THE MINUTES AS SUBMITTED. MOTION CARRIED.
AUTHORIZATION TO CALL FOR BIDS FOR THE 72ND AVENUE/212TH STREET
TRAFFIC SIGNAL PROJECT Item F on the Consent Agenda
Councilmember Fahey said she feels there should be some additional
input on this issue Since there was a public hearing to consider a
4-way stop at Walnut & 5th, she feels it would be appropriate to have
public input and hearing on this signal before the final decision is
made.
City Council Approved Minutes
April 5, 1994
Page 3
Bob Alberts, City Engineer, said this project formulated in 1986 when
the City developed the College Place Impact area. Mr. Alberts said the
City has been collecting fees that would go to different projects in
that area, of which this project was included. Mr. Alberts said impact
monies were also collected two years ago from the medical center which
was built where the YMCA formally was, and those impact fees were to be
used for a signal at this location. Mr. Alberts said in addition, when
the Public Works project came along, this project was identified as a
project in conjunction with the public works site and was identified as
a project that went through the A.D.B. with a public works site and was
part of the SEPA that went through for the public works site. Mr.
Alberts said this project was also included in the final budget.
Councilmember Fahey asked City Attorney Scott Snyder if the City is
obligated at this point to go ahead with the signal irregardless of
what public input might be.
Mr. Snyder said the funds collected for the impact fees have to be
spent within six years. If not spent, they have to be returned. Mr.
Snyder said the fees have to be spent only for this project. Mr. Snyder
said although the Council is never under any obligation to do anything
like this, if the Council says no on this, the money will have to
revert back.
Councilmember Fahey said she recently was in that particular
intersection between 5:00 and 5:30 p.m, and said the flow of traffic
seemed to be fine, and did not seem to warrant a stop light.
COUNCILMEMBER FAHEY MOVED, SECONDED BY COUNCILMEMBER HALL, TO HOLD A
PUBLIC HEARING ON THIS BEFORE A FINAL DECISION IS MADE. MOTION FAILED
with Councilmember Fahey and Councilmember Hall voting yes, and
Councilmember Petruzzi, Earling, Dwyer, Nordquist, and Kasper voting no.
COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER DWYER, TO
APPROVE ITEM (F). MOTION CARRIED with Councilmember
Fahey and Hall
voting no.
AUTHORIZATION TO CALL FOR BIDS FOR COLLECTION AGENCY
SERVICES CONTRACT
Item G on the Consent Agenda.
Cletter
Councilmember Fahey said she wants to make sure the
from Judge Conroy. The
Council saw the
letter indicates
included in the packet
he doesn't feel that going to bid is warranted. The
Court is happy with
C0111/
their services and there is no cost to the city for
this service.
Councilmember Petruzzi pointed out there is no such
basis.
thing as "no cost",
Councilmember
as the collection agency is paid on a percentage
Petruzzi said the City could go out to bid and find
someone to collect
monies owed on a lower percentage basis.
City Council Approved Minutes
April 5, 1994
Page 4
Councilmember Hall said from what he gathers, the cost the agency does
incur is added onto the bill, so in reality, the city would collect
100% of the bill. Court Administrator Joan Ferebee agreed and said the
City also gets a percentage of the interest on the aging accounts.
Councilmember Petruzzi asked if the agency gets a percentage of the
interest. Ms. Ferebee said yes.
Councilmember Kasper said the purpose of having this on the agenda is
so there is an opportunity for others to bid before this is renewed.
Councilmember Nordquist said he was the one who asked this to go out
for bid the last time this was discussed.
Councilmember Nordquist said another reason is the City hasn't seen a
very good percentage of recovery and the City was looking for a higher
success rate. Council President Nordquist said the Agenda Memo does
not show what the rate of recovery is. .
Joan Ferebee, Court Administrator said she is now asking the firm to
collect on judgements, which was not done previous to her arriving at
the City. Ms. Ferebee said the recovery rate at present is between 35%
to 40%.
COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER EARLING, FOR
APPROVAL OF ITEM (G). MOTION CARRIED.
REPORT ON BIDS OPENED MARCH 24, 1994 FOR 1994 HUD SIDEWALK RAMP
Ppn.iFrT ANn AWARn OF CnNTRACT TO GMT_ INC. 33.810.00. excludinq sales
tax) (Item (I) on the Consent Agenda.
As this is a public works project, Council President Nordquist asked if
the City is getting prevailing wages. Bob Alberts, City Engineer
replied affirmatively. COUNCIL PRESIDENT NORDQUIST MOVED, SECONDED BY
COUNCILMEMBER DWYER, TO APPROVE ITEM (I). MOTION CARRIED.
REPORT.ON BIDS OPENED MARCH 23, 1994 FOR THE FIVE CORNERS RESERVOIR'S
RECOAT PROJECT AND AWARD OF CONTRACT TO S&K PAINTING, INC.
116,293.36, including sales tax Item J on the Consent Agenda
Councilmember Fahey noted there is an additional appropriation of
$8,000 for this project. Councilmember Fahey noted this was not brought
forward to the Finance Committee.
Councilmember Hall asked what material is used to paint the inside of
the tank, of which the $8,000 will be used for. Mr. Alberts said it is
a non -toxic epoxy type paint.
COUNCILMEMBER FAHEY MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, FOR
PASSAGE OF ITEM (J) WHICH INCLUDES THE ADDITIONAL APPROPRIATION OF
$8,000. MOTION CARRIED.
City Council Approved Minutes
April 5, 1994
Page 5
AUTHORIZATION TO PURCHASE SEVEN (7) RADAR UNITS FROM STATE CONTRACT
n nnn AA TTi--- It
Councilmember Petruzzi noted this item calls for an appropriation and
inquired where the money would be allocated from. Assistant Chief
Hickok said it will come from the B-Fund.
Councilmember Fahey said she is not opposed to this, however, the
Agenda Memo said the units are two years past their life expectancy and
asked why this was not included in the 1994 budget.
Assistant Chief Hickok said he believes former Chief Prinz knew what
the status of the B Fund was and planned on this procedure.
COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER DWYER, TO
APPROVE ITEM (L). MOTION CARRIED.
PROPOSED RESOLUTION AMENDING RESOLUTION 782 WHICH REAFFIRMS CITY
COUNCIL POSITION ON PASSENGER RAIL SPEED (from March 22, 1994 Item
�n ��
Q on the Consent Agenda
?ASS
Councilmember Kasper asked Mayor Hall if she had any comments on this
`
resolution, as she was absent when the Council discussed this.
Mayor Hall said she had no comments. Mayor Hall said since she has been
back, she has talked briefly with Community Services Director Paul Mar.
Mayor Hall said she would like to get together with AMTRACK and
Burlington Northern and have everyone "sit around the table once again"
and talk and see exactly if there could be a resolution to take speed
off. Mayor Hall said if this is not possible, then the City will have
to deal in reality.
Councilmember Kasper said if the City stands firm on this issue, the
City may want to consider holding a public hearing on this.
COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCIL PRESIDENT NORDQUIST TO
APPROVE ITEM (Q). MOTION CARRIED.
AUTHORIZATION FOR MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH
OMS LABORATORIES FOR AN INDOOR AIR QUALITY SURVEY IN THE PUBLIC SAFETY
RIITI IITNG 2.100Item R on the Consent Agenda
Councilmember Kasper said the agreement does not contain language
stating when the survey will be completed.
COUNCILMEMBER KASPER MOVED TO APPROVE ITEM (R) AND THAT LANGUAGE BE
INCLUDED AS TO THE DATE WHEN THE SURVEY WILL BE COMPLETED.
Motion died for lack of second.
City Council Approved Minutes
April 5, 1994
Page 6
Noel Miller, Public Works Superintendent, said this will be added to
Exhibit A, and it is the intent the survey will be completed in the
next few weeks.
COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO
APPROVE ITEM (R). MOTION CARRIED.
AUDIENCE
Natalie Shippen, 1022 Euclid, spoke on the parking regulations which
y.� will be discussed again at the April 19, 1994 City Council meeting. Ms.
/�\ 3 Shippen asked the Council Finance Committee once again, to ask the
li D.O.T. to increase fees for the ferry commuter parking lot. Ms. Shippen
Jos said the basis for the renewed request is transportation demand
�( management strategies. Ms. Shippen referenced the State Transportation
Commission Cross Sound Study which lists five strategies that can be
used to get commuters out of their cars. Ms. Shippen referenced Kitsap
Transit's efficient vanpool system which can be utilized more fully.
Ms. Shippen said she believes the City should make it clear that
commuters are welcome but their cars are not.
Vic Shultz, 8305 224th S.W., in the Esperance area, spoke against the
City's current work towards annexing Esperance. Mr. Shultz said he
serves as President of "Action Council for Esperance" which has been in
existence for many years. Mr. Shultz respectfully asked the City to
withdraw the annexation request.
Mayor Hall said the citizens in Esperance first came to the City and
asked to be annexed.
Mr. Shultz said there are individuals who are being quoted as going to
the City and requesting annexation, who don't really agree with that.
Mayor Hall told Mr. Shultz to have those individuals come see her. Mr.
Shultz said he would.
Bruce Witenburg,.8725 Madrona Lane, spoke in favor of the annexation.
1 Mr. Witenburg said on his street and on Maple Lane, there was in excess
of 66% of the homeowners that signed the petition in favor of
annexation. Mr. Witenburg said he and he fellow neighbors want the
police protection, fire protection and the access to city government in
which the city provides.
As no other member of the audience came forward, Mayor Hall closed the
audience portion of the hearing.
HEARING ON APPEAL OF THE ARCHITECTURAL DESIGN BOARD'S DECISION TO DENY
A REQUEST FOR A NEW FREESTANDING SIGN FOR BICKFORDS RESTAURANT
D (j SUBMITTED UNDER ADB FILE N0. ADB-94-7 Appellant: Bill and Nancy
IFoshee/File No. AP-!P4---31T--
00
_ea
Jeff Wilson, Planning Supervisor, gave the staff report. Mr. Wilson
said this is a hearing on an appeal of a decision by the Architectural
City Council Approved Minutes
April 5, 1994
Paae 7
Design Board. The Foshees' applied to the ADB for approval of a
free-standing sign for Bickfords Restaurant (23205 100th Ave. W.; the
application was denied by the board). Mr. Wilson referred to Exhibit 3
which contains the Staff report including the criteria used in
evaluating the sign, which should be reviewed when considering the
appeal. Mr. Wilson said basically, the ADB concurred with the
applicant's request with the exception that the ADB would deny the
request to include a readerboard portion on the bottom of the sign.
Mr. Wilson referenced an exhibit which included drawings of the sign.
This exhibit was made available to the audience for their viewing.
It was noted by Mr. Wilson the Code states that readerboards are a
permitted activity, however, their is a provision that certain types of
signs are discouraged as much as possible, of which readerboard signs
are included. Mr. Wilson reviewed the criteria the ADB is mandated to
in order to make a.decision. Mr. Wilson said there is a "needless
clutter" section which says "signs shall be kept as simple as possible
relying on symbols to avoid needless clutter and complexity".
Councilmember Petruzzi inquired on the total size of the readerboard
portion of the sign. Mr. Wilson replied approximately 20".
Councilmember Fahey noted that Edmonds-Woodway High School, which is
adjacent to Bickfords, has a readerboard sign and inquired why they
could have one and not Bickfords. Councilmember Earling noted that
Westgate Travel has a readerboard also.
Mr. Wilson said he does not know the exact reasons for why these
businesses have readerboard signs.
Councilmember Hall asked if there is a definition of "needless
clutter". Mr. Wilson said no.
Council President Nordquist said he has a place of business at
Westgate. The readerboard sign at Westgate Travel, from what he
understands, is a non -conforming sign. Council President Nordquist said
the owner of that sign has put the name of his company on the
readerboard (John Nordquist's business). Council President Nordquist
said he did not ask him to do this.•Council President Nordquist said he
does not own the sign and brings this up in case there is a possible
appearance of fairness.
At the request of City Attorney Scott Snyder, Mayor. Hall asked if any
audience member had objections to Council President Nordquist
participating in the discussion in light of this information. As no one
in the audience voiced an objection, the public hearing continued.
Public Testimony
Peter Bennett, 400 Dayton, attorney for the applicant/appellant spoke
to the Mayor and Council.
City Council Approved Minutes
April 5, 1994
Page 8
The exhibits in this hearing were labeled by the Deputy City Clerk as
follows: (A) Original submittal in the longer packet form
(B) Submittal of drawings
(C) Photographs
The photographs were placed on a central desk so audience members could
review them prior to the Mayor and Council reviewing them.
Mr. Bennett said Bill and Nancy Foshee have owned the restaurant for
1-1/2 years. Mr. Bennett said the owners need the sign to advertise his
business via the sign he has submitted to the ADB. Other readerboard
signs were noted throughout the city by Mr. Bennett. It is the belief
of the applicant that no safety problems will result from the
readerboard. Regarding to Code analysis, Mr. Bennett said the Code does
say that readerboards are allowed, and said there seems to be some
confusion amongst the ADB on this issue. Mr. Bennett said the
"needless clutter" portion in the code does not have a definition as to
"needless to who"..Mr. Bennett cited various legal theories and legal
cases which relate to this subject. Mr. Bennett said there seems to be
an unwritten policy of no readerboard signs and said the Code says
otherwise.
Mr. Bennett asked the Council to reverse the decision of the ADB and
approve the sign.
Public Testimony
Den Carr, 9832 225th Place S.W., spoke on behalf of the Economic
Development Committee for the Chamber of Commerce, as Chairman of that
committee. Mr. Carr said one of the goals of the Committee is to
protect the businesses the City has and to make it easier for them to
do business in Edmonds. Mr. Carr said the Committee supports the
proposal for the sign as submitted. Mr. Carr said the Committee
believes the sign is warranted and should be allowed. Mr. Carr said as
a traffic engineer for the last 24 years, he has conducted numerous
safety studies and has not found that a sign of this nature would be a
traffic safety hazard.
Jim Young, 9234 216th Street S.W., Chairman of the ADB spoke on the
subject._ Mr. Young said he did not vote on this issue as he is
chairman. Mr. Young said it has been a policy of the ADB to
consistently enforce that the applicant for a readerboard make a good
case for it. The ADB felt in this case, the fact there were other signs
in the area of a readerboard nature didn't justify adding one more.
Mr. Young said he does not have any strong feelings on this one way or
another. Mr. Young said the ADB was simply trying to enforce policy the
ADB has set and had been consistent with. Mr. Young said the ADB
probably has the most subjective judgements to make of any of the
advisory boards that serves the Council.
City Council Approved Minutes
April 5, 1994
Page 9
Mayor Hall agreed that the ADB has the most subjective task and said
the ADB does a good job.
Roger Hertrich, 1020 Puget Drive, spoke against the readerboard portion
of the sign. Mr. Hertrich said he believes simplicity in advertising is
more effective. Mr. Hertrich said a simple symbol or a name that is
easy to identify with is more effective.
Keith Leasure, 201 3rd Avenue North, ADB member, spoke on this subject
stating his own personal feelings.
Mr. Leasure said when he began his term on the ADB, one of the things -
that bothered him was the attachment of the phrase of "clutter" with
readerboards, as he could see no real policy which made that a clear
decision.
Mr. Leasure said the Council should not have to discuss this or make a
decision on as the policy should be clear. Mr. Leasure said in this
case, it is not clear to him. Mr. Leasure said there is an abundance of
sandwich board signs throughout the city, and he does not see the City
taking steps to get rid of them. City Attorney Scott Snyder pointed out
that signs of these nature are illegal.
Mr. Leasure said the various Boards who serve the Council should not be
placed in a position of trying to interpret a vague, unclear and
unexplainable policy.
Continued Testimony of the Applicant/Appellant
Mr. Bennett, attorney for the applicant/appellant, presented closing
remarks. Mr. Bennett said the business is trying to attract new and
expanded clientele and thus the sign is very much needed.
Remarks by the City Attorney
Mr. Snyder reviewed a case titled "Anderson -vs- Issaquah. Mr. Snyder
said as the Council is aware, in order to cure the defects in the ADB
ordinance, the Council is working in conjunction with the ADB and
Planning Board to pass a series of objective criteria to apply to
buildings. Mr. Snyder said it appears while that was done, the Council
has a whole other area in relation to signs to work on. Anderson -vs-
Issaquah dealt with an ordinance that was within two or three words
identical to the City's ADB ordinance. Mr. Snyder said ordinances can
be void for vagueness and they can also be cured by interpretation of
the ordinance in a constitutional manner or as the Council has done, by
enacting objective criteria to meet the requirements. Mr. Snyder said
Anderson -vs- Issaquah, in striking down that city's ADB ordinance,
basically considered some words such as "harmonious" and "monotonous"
and basically said that those do not give sufficient objective
direction to an applicant in order to know what standards are required
of the individual and the city.
City Council Approved Minutes
April 5, 1994
Page 10
Mr. Snyder said the record tonight, and other materials have
categorized the judgement as "subjective". If they are subjective, Mr.
Snyder said his opinion to the Council is they are not'a criteria which
can be applied by the city. Mr. Snyder said his advise if the Council
feels that this type of sign is inappropriate within a zone in the
city, the matter should be referred to the Planning Board and establish
an objective criteria.
Council discussion and deliberation
Councilmember Petruzzi agreed that the ADB has a very difficult job in
that they have to deal with a great deal of subjective matters.
Councilmember Petruzzi referenced ADB minutes on this subject where ADB
members supported the sign, however, a member stated "the problem with
the readerboard is the ADB has no control of what wording will be used
or how much wording will be used". Councilmember Petruzzi said he has a
problem with this statement, specifically relating to First Amendment
rights.
Councilmember Petruzzi said it is very clear that readerboard signs are
permitted under the City's code. Councilmember Hall and Councilmember
Fahey agreed the sign should be allowed.
COUNCILMEMBER FAHEY MOVED, SECONDED BY COUNCILMEMBER KASPER, TO OVER
RULE THE ARCHITECTURAL DESIGN BOARD AND APPROVE THE SIGN FOR BICKFORDS
AS SUBMITTED SO THEY MAY CONTRIBUTE TO THE ECONOMIC DEVELOPMENT OF OUR
COMMUNITY.
Under discussion, Councilmember Dwyer said the Architectural Design
Board has done a wonderful job in preserving the look of Edmonds over
the years. Councilmember Dwyer said in reaching a decision in this
particular case, there are two questions he asks himself: 1) Is what we
are being asked to do the right thing to do with what the law is, and
2) Is this person being treated the same as his neighbors.
Councilmember Dwyer said he has worked with Mr. Snyder for over 10
years and it is very seldom when he steps forward and gives such an
explication of changes in the law and their application of the law into
our present circumstances. Councilmember Dwyer said there are a number
of reasons to vote in favor of the motion, but Mr. Snyder's explanation
compels him the most to vote in favor. MOTION CARRIED
Mr. Snyder said he will have the Findings ready for the April 19, 1994
City Council meeting.
Change in the format of the A eg nda
Due to the lateness of the hour, Council President Nordquist suggested
Item (8) be discussed before (5) so that members of the public will not
have to wait any further. COUNCIL PRESIDENT NORDQUIST MOVED, SECONDED
BY COUNCILMEMBER KASPER, TO MOVE ITEM 8 IN FRONT OF ITEM 5. MOTION
CARRIED.
City Council Approved Minutes
April 5, 1994
Page 11
REVIEW AND APPROVAL OF BOUNDARIES FOR THE PROPOSED "AURORA MARKETPLACE
NEIGHBORHOOD" ANNEXATION; FILE NO. AX-4-91
Jeff Wilson, Planning Supervisor, gave background information on the
item.
Mr. Wilson said upon review of the signed petitions, the City Clerk
certified petitions which equaled 59.3% of the total assessed valuation
for the proposed annexation area. Having not achieved the 60% threshold
within the City Council established boundaries, the City has the choice
of starting over with a new petition or to revise the boundaries with
the current certified signatures and proceed. Upon consultation with
05�the staff for the Boundary Review Board, the City has been informed
that it is within BRB's policy for the City to revise the boundaries of
the annexation (i.e. reduce the boundaries), upon an official action of
the City Council. If the Council wishes to take this approach, the
Council -would then direct the City Clerk to re -certify the petition
r` valuation based on the annexation revised.
Based on this information, Staff has developed an alternative
annexation proposal with slightly reduced boundaries, which complies
with the 60% assessed valuation requirement. In fact, Mr. Wilson said
the preliminary indication show that 60.89% of the total assessed
valuation signed the petitions.
Once the City Clerk re -certifies the signatures, staff would then
prepare the appropriate application packet to submit to the BRB.
Mr. Wilson showed an over -head view foil showing the proposed reduced
boundaries. It was noted by Mr.Wilson said everyone in this area who
requested annexation will be included and reducing the area does not
leave any citizens out.
Council discussion and action
COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER KASPER, TO
APPROVE FOR REVIEW AND RE -CERTIFICATION, THE REVISED ANNEXATION
PROPOSED BASED ON REDUCED BOUNDARIES AS SHOWN IN EXHIBIT 2; DIRECT THE
CITY ATTORNEY TO PREPARE A RESOLUTION TO BE PLACED ON THE NEXT COUNCIL
CONSENT AGENDA, SUBMITTING TO THE BOUNDARY REVIEW BOARD A REVISED
ANNEXATION PROPOSAL PER THE BOUNDARIES DESCRIBED IN EXHIBIT 2 AND
DIRECT THE CITY ATTORNEY TO PREPARE A RESOLUTION TO BE PLACED ON THE
NEXT COUNCIL CONSENT AGENDA REQUESTING THAT THE BOUNDARY REVIEW BOARD
CONSIDER EXPANDING THE BOUNDARIES OF THE PROPOSED ANNEXATION TO INCLUDE
THE FULL EXTENT OF THE ORIGINALLY PROPOSED ANNEXATION, AS THE CITY HAD
OBTAINED 59.3 OF THE REQUIRED ASSESSED VALUATION.
MOTION CARRIED.
UPDATE BY COMMUNITY SERVICES DIRECTOR PAUL MAR REGARDING
TRANSPORTATION-ISSUES_AND FUNDING FOR THE MULTIMODAL PROJECT
City Council Approved Minutes
April 5, 1994
Page 12
Paul Mar, Community Services Director, referred Councilmembers to
Exhibit 1 which summarized staff activity from late February to late
March 1994, on planning and funding efforts related to the Multimodal
Transportation Center project.
Regarding Exhibit 2, which is an interlocal agreement between the
Marine Division of the Department of Transportation, and the City of
Edmonds, for the transfer of $75,000 in monies that are coming out of
jV` u the DOT's operating budget to help match the $300,000 grant the City
was awarded last May.
Mr. Mar said the City Attorney has reviewed the interlocal agreement.
Mayor Hall asked if Mr. Snyder had any comments. Mr. Snyder said the
nature of the contract is such that if the State terminates, they
continue to pay their pro-rata share of costs incurred. If the City
terminates, basically the State pays for value received.
Councilmember Kasper said this process has been very hard to
understand. Councilmember Kasper believes the process needs to be fully
explained to Councilmembers so everyone knows what is involved.
Councilmember Petruzzi agreed and said the Council should have a more
detailed discussion on this. Councilmember Petruzzi said the discussion
should include such questions as who lets the contracts, who approves
the contracts - is the City Council because the City is the lead agency
or is the State?
This item was continued_ to next week's meeting for the purpose of
discussing the process.
UPDATE ON COMPREHENSIVE PLAN ENVIRONMENTAL IMPACT STATEMENT PROCESS
Rob Chave, Planning Manager, said public -"open house meetings were
i 5 recently held to introduce the public to the Comprehensive Plan EIS
y process, and summarize the major comprehensive planning projects that
have been going on. Mr. Chave said over 100 people turned out for the
6,p Plaza Room meeting, approximately 25 at Meadowdale, and about 35 at
U- Stevens Hospital. Overall, Mr. Chave said the meetings were
successful.
Mr. Chave showed an overhead map showing land use concepts.
Councilmember Earling said he is very impressed with the process used
by Staff to get the community involved.
This topic will be again discussed at the Council Work Session in April.
PROPOSED ORDINANCE AMENDING CHAPTER 19.00 OF BUILDING CODE TO ADD
GROWTH MANAGEMENT ACT REQUIREMENT THAT BUILDING PERMIT ISSUANCE BE
City Council Approved Minutes
April 5, 1994
Page 13
Rob Chave, Planning Manager, said for years, the City has been
routinely checking for the evidence of adequate potable water supply
when a permit is issued. Mr. Chave said by passing this ordinance, it
will be placed in the Code, making it clear the City is complying with
the Growth Management Act.
COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER, FOR APPROVAL OF
THE PROPOSED ORDINANCE. MOTION CARRIED.
MAYOR
Mayor Hall said Chief Buzalsky has proclaimed the Week of April 10 to
16 as "Washington Earthquake Awareness Week". The proclamation urges
citizens to learn earthquake safety measures.
Mr. Snyder said Council has not given direction or authorization
regarding the Oxford House Decision. It was noted by Mr. Snyder there
QP/ are approximately 66 days left for the Council to do so if they wish.
Mayor Hall referenced a letter regarding a fire consolidation
feasibility study for South Snohomish County.
Councilmember Dwyer said he takes interest in the letter as it
indicates the District is moving forward in trying to decide what their
future is going to be. Councilmember Dwyer said, however, as he reads
it, it really is a conglomeration of the rural fire districts and the
airport fire department, which is an unusual entity. Councilmember
Dwyer said it appears the District is looking more to its future, north
and east, and that probably is a manifestation of what the District
explained to the city, which is they spend more money serving Esperance
area than they get out of the Esperance area in terms of taxation.
COUNCIL
Council President Nordquist reminded Council of the new committee night
formation.
Councilmember Hall said the last meeting in April will be video taped
and shown in its entirety via Chambers Cable.
Councilmember Petruzzi thanked Paul Mar for the Cable TV Franchise
Report. Councilmember Petruzzi said it is a very comprehensive report.
RECESS TO AN EXECUTIVE SESSION
At 9:57 p.m., the Mayor and City Council recessed to an executive
session on labor negotiations, property matter, and to review
qualifications of candidates for police chief position.
The Executive Session /nded at
thereafter. - /
LAURA�LL, MAYOR
City Council Approved Minutes
April 5, 1994
Page 14
10:45 p.m, and the meeting was adjourned
V 0- ww-,,
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AGENDA
EDMONDS CITY COUNCIL
PLAZA MEETING ROOM - LIBRARY BUILDING
7:00 - 10:00 p.m.
APRIL 5, 1994
CALL TO ORDER - 7:00 P.M.
FLAG SALUTE
1. APPROVAL OF AGENDA
2. CONSENT AGENDA
A. ROLL CALL
B. APPROVAL OF MINUTES OF MARCH 22, 1994 AND MARCH 29, 1994, AND SPECIAL
MEETING MINUTES OF MARCH 31, 1994
C. APPROVAL OF CLAIM WARRANTS FOR THE WEEKS OF MARCH 21 AND MARCH 28,
1994
D. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM EWALD MAUSER AND
CHARLENE MAUSER ($9,000,000.00), PAUL C. MCRILL ($37.87), ANGELA
BLACKBURN ($500,000.00), JAMES BLACKBURN ($500,000.00), AND GLORIA BURKE
($500,000.00)
E. AUTHORIZATION TO CALL FOR BIDS FOR THE 1994 WATER MAIN REPLACEMENT
PROGRAM
F. AUTHORIZATION TO CALL FOR BIDS FOR THE 72ND AVENUE/212TH STREET
TRAFFIC SIGNAL PROJECT
G. AUTHORIZATION TO CALL FOR BIDS FOR COLLECTION AGENCY SERVICES
CONTRACT
H. REJECTION OF BID OPENED MARCH 21, 1994 FOR PURCHASE OF A RIDING LAWN
MOWER AND TRAILER FOR THE WATER/SEWER SECTION AND AUTHORIZATION TO
OBTAIN QUOTES
I. REPORT ON BIDS OPENED MARCH 24, 1994 FOR 1994 HUD SIDEWALK RAMP
PROJECT AND AWARD OF CONTRACT TO GMT, INC. ($33,810.00, excluding sales tax)
J. REPORT ON BIDS OPENED MARCH 23, 1994 FOR THE FIVE CORNERS RESERVOIR'S
RECOAT PROJECT AND AWARD OF CONTRACT TO S & K PAINTING, INC.
($116,293.36, including sales tax)
K. REPORT ON INFORMAL BIDS AND AWARD OF PRINTING BID TO AD PRO LITHO, INC.
FOR SELF -GUIDED ARTS TOUR BROCHURE ($3,198.39)
L. AUTHORIZATION TO PURCHASE SEVEN (7) RADAR UNITS FROM STATE CONTRACT
($8,028.44)
M. AUTHORIZATION FOR MAYOR TO EXECUTE AGREEMENT WITH HAMMOND, COLLIER
& WADE-LIVINGSTONE ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING
SERVICES FOR LID 214 ($13,500)
N. AUTHORIZATION FOR MAYOR TO SIGN THE EMERGENCY SERVICES
COORDINATION AGENCY (ESCA) INTERLOCAL AGREEMENT
O. ACCEPTANCE OF PEDESTRIAN EASEMENT AT 7100 212TH STREET SOUTHWEST
FROM HERBERT SMILOWITZ
CONTINUED
EDMONDS CITY COUNCIL AGENDA PAGE 2
APRIL 5, 1994
P. ACCEPTANCE OF A 10-FOOT BY 15-FOOT UTILITY AND PEDESTRIAN EASEMENT
FROM RICHARD AND MARGARET DION, 7207 212TH STREET SOUTHWEST
Q. PROPOSED RESOLUTION AMENDING RESOLUTION 782 WHICH REAFFIRMS CITY
COUNCIL POSITION ON PASSENGER RAIL SPEED (from March 22, 1994)
R. AUTHORIZATION FOR MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT
WITH OMS LABORATORIES FOR AN INDOOR AIR QUALITY SURVEY IN THE PUBLIC
SAFETY BUILDING ($2,100)
S. AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT
WITH MILLIMAN AND ROBERTSON, INC. FOR SELF INSURING FEASIBILITY STUDY
FOR LEOFF I LONG-TERM CARE DISABILITY ($5,000)
3. AUDIENCE
4. (30MIN) HEARING ON APPEAL OF THE ARCHITECTURAL DESIGN BOARD'S DECISION TO
DENY A REQUEST FOR A NEW FREESTANDING SIGN FOR BICKFORD'S
RESTAURANT SUBMITTED UNDER ADB FILE NO. ADB-94-7 (Appellant: Bill and Nancy
Foshee / File No. AP-94-31)
5. (10 MIN)
6. (20 MIN)
7. (10 MIN)
8. (15 MIN)
9. (5 MIN)
10. (15 MIN)
11.
UPDATE BY COMMUNITY SERVICES DIRECTOR PAUL MAR REGARDING
TRANSPORTATION ISSUES AND FUNDING FOR THE MULTIMODAL PROJECT
UPDATE ON COMPREHENSIVE PLAN ENVIRONMENTAL IMPACT STATEMENT
PROCESS
PROPOSED ORDINANCE AMENDING CHAPTER 19.00 OF BUILDING CODE TO ADD
GROWTH MANAGEMENT ACT REQUIREMENT THAT BUILDING PERMIT ISSUANCE BE
BASED ON EVIDENCE OF ADEQUATE POTABLE WATER SUPPLY
REVIEW AND APPROVAL OF BOUNDARIES FOR THE PROPOSED "AURORA
MARKETPLACE NEIGHBORHOOD" ANNEXATION; FILE NO. AX-4-91
MAYOR
COUNCIL
EXECUTIVE SESSION ON LABOR NEGOTIATIONS, PROPERTY MATTERS, AND TO
REVIEW QUALIFICATIONS OF CANDIDATES FOR POLICE CHIEF POSITION
ADJOURNMENT
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.