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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. t� vA 0 t KID 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 C w��� 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-,, L1111 �� 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.