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05/17/1994 City CouncilTHESE MINUTES WERE APPROVED AT THE MAY 24, 1994 CITY COUNCIL MEETING EDMONDS CITY COUNCIL APPROVED MINUTES MAY 17 1994 The City Council meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Laura Hall in 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 Jeff Abdo, Student Representative APPROVAL OF THE AGENDA STAFF Paul Mar, Community Services Director Brent Hunter, Personnel Mgr. Tom Miller, Police Chief Noel Miller, Public Works Supt. Jeff Wilson, Planning Supr. Chuck Day, Accounting Mgr. Mike Springer, Asst. Fire Chief Rhonda March, City Clerk Scott Snyder, City Attorney Barb Mehlert, Recorder Council President Nordquist noted two agenda requests: 1) Remove Retreat Minutes and continue them to the next meeting for approval, and; 2) Item (M) to be continued to the next meeting Councilmember Kasper requested the scheduled Executive Session also include discussion on a Real Estate Matter. CONSENTAGENDA Item (B) was removed from the Consent Agenda. (A) ROLL CALL ^ S �-�S (C) APPROVAL OF CLAIMS WARRANTS FOR WEEKS OF MAY 2 AND MAY 9, 1994, �Q� AND APPROVAL OF PAYROLL WARRANTS FOR THE PERIOD OF APRIL 16 THROUGH APRIL 30, 1994 U�cl (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM SUSAN J. JENSEN AND LAEBUGTEN SALMON CHAPTER (E) REPORT ON BIDS OPENED APRIL 26, 1994 FOR THE 1994 WATER MAIN REPLACEMENT PROGRAM AND AWARD OF CONTRACT TO PARAMOUNT '1�0J 5 PACIFIC CORPORATION ($365,697.92 INCLUDING SALES TAX) (F) AUTHORIZATION TO CALL FOR BIDS FOR THE 1994 STREET SURFACE TREATMENT PROGRAM CITY COUNCIL APPROVED MINUTES MAY 17, 1994 Page 1 THESE MINUTES WERE APPROVED AT THE MAY 24, 1994 CITY COUNCIL MEETING k+'ry9i�a5iii (G) AUTHORIZATION TO CALL FOR BIDS FOR VEHICLE EXHAUST REMOVAL SYSTEM FOR FIRE STATION NO. 6 (�10 (H) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT WITH PATRICIA HOLIHAN STEINHARDT FOR CULTURAL ARTS O,.V✓� ASSESSMENT 0, 7� 1� (I) AUTHORIZATION TO CALL FOR BIDS FOR THE CITY PARK MAINTENANCE U BUILDING REROOF PROJECT (J) AUTHORIZATION FOR MAYOR TO SIGN SCOPE OF WORK AS A SUPPLEMENTAL AGREEMENT TO THE EXISTING PROFESSIONAL SERVICE AGREEMENT WITH REID MIDDLETON TO PROVIDE SURVEY FOR PHASE 1 AND 2 OF CITY PARKS ($4,200) (K) AUTHORIZATION TO FUND REQUEST FROM EDMONDS BOYS AND GIRLS CLUB FOR REPAIR TO TWO HEATING VENTS ($875.00 PLUS WSST) (from May 3, 1994) (L) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH SNOHOMISH COUNTY REGARDING EMERGENCY VEHICLE OPERATION TRAINING (N) ORDINANCE 2981 AMENDING ORDINANCE 2936 TO CORRECT A SCRIVENER'S ERROR RELATING TO EDMONDS COMMUNITY DEVELOPMENT CODE, SECTION 17.40.030 - NON -CONFORMING LOTS U n (0) APPROVAL OF POLICE SUPPORT LABOR AGREEMENT P APPROVAL OF REVISED PURCHASING POLICY INCREMENTAL DOLLAR 0-r () LIMITS (Q) ACCEPTANCE OF QUIT CLAIM DEED FOR TEN -FOOT STREET DEDICATION FROM THOMAS AND MARILYN DEGAN AT 15520 75TH PLACE WEST (R) ACCEPTANCE OF QUIT CLAIM DEED FOR STREET DEDICATION FROM JEANNETTE M. SARRASIN AT 505 OLYMPIC AVENUE (S) ACCEPTANCE OF QUIT CLAIM DEED FOR STREET DEDICATION FROM ROBERT KECHLEY, ELIZABETH KENNEDY, AND GERALD AND CAROL SAMS AT 24211 76TH AVENUE WEST (T) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT AMENDMENT # 1 WITH LANDAU ASSOCIATES FOR GEOTECHNICAL CONSULTANT SERVICES IN CONJUNCTION WITH THE PUBLIC WORKS OPERATIONS AND MAINTENANCE CENTER ($4,500) APPROVAL OF MINUTES OF MAY 3. AND MAY 10, 1994 1. LL 1 4' . . AUDIENCE CITY COUNCIL APPROVED MINUTES MAY 17, 1994 Page 2 THESE MINUTES WERE APPROVED AT THE MAY 24, 1994 CITY COUNCIL MEETING Fred Langer, 7701 Meadowdale Beach Road, requested his appeal be dropped regarding the Combined Hearing listed as Item Six on the agenda. This relates to. "APPEAL OF THE HEARING EXAMINER'S DECISION TO DENY APPEALS OF THE PLANNING DIVISION's approval. Mr. Langer referenced a court order dismissing the appeal. It was noted the City Attorney has a copy of the court order. 0 tROCLAMATION RECOGNIZING MAYOR'S ANNUAL TRANSPORTATION DAYAS PART OF NATIONAL TRANSPORTATION WEEK Y Mayor Hall proclaimed May 20, 1994 as the first Mayor's Annual Transportation Day. Mayor Hall read the proclamation into the record. The proclamation, in part, stated May 16, through 20 is recognized as National Transportation Week in support of community transit activities and other forms of transportation across the nation; and stated the City, as part of its Ridesharing Program, is sponsoring an educational event on May 20 to promote the awareness of alternative modes of transportation for all employees in Edmonds. Mayor Hall asked Personnel Manager Brent Hunter to address this issue. Mr. Hunter invited everyone to attend the event which will inform individualsof alternative modes of transportation which are available for commuters. Booths and displays will be set up with informational materials and suggestions on alternative ways to travel to and from the workplace. Mr. Hunter said representatives will be present at the event from Community Transit, Regional Transit Authority, Department of Transportation, as well as City staff. PRESENTATION OFARTS COMMISSION SCHOLARSHIPS TO AMY HORN AND JENIFER PETERSEN i lye'' Chair of the Arts Commission and Chair of the Scholarship Committee provided background �1�i5�'"' Suzetta Glen, p p g S(� information on the Scholarship Program and of this year's recipients. Ms. Glen noted this is the 10th annual Scholarship Award of the Edmonds Arts Commission. Two scholarships were awarded: $1000 scholarship awarded to Amy Horn for Literary Arts and $1000 to Jenifer Peterson for Performing Arts. Ms. Horn, daughter of John and Maureen Horn of Edmonds, is a Senior at Bush School with plans to pursue a career in Journalism. Ms. Horn illustrated her talents by reciting a poem in which she wrote. Ms. Petersen, daughter of Robert and Jeannine Petersen of Edmonds, is a Senior at EdmondsWoodway High School. Ms. Peterson has plans to pursue a career in Theater Arts and Dance. Ms. Peterson illustrated her talents by performing a piece from Shakespeare. Both recipients received a round of applause from the Mayor, City Council and audience. Councilmember Earling thanked each recipient for sharing their talent with the audience. Councilmember Earling said as he has a background in music, he appreciates the work and efforts put forth. Councilmember Earling complimented Suzetta Glen and the Arts Commission on the high quality scholarship recipients they have found over the last four to five years. Mayor Hall agreed and said she is confident each recipient will excel in their chosen field. COMBINED HEARING ON THE FOLLOWING APPEALS PERTAINING TO A PROPOSED 4-LOT SHORT PLAT FOR PROPERTY LOCATED AT 7037 MEADOWDALE BEACH ROAD SUBMITTED B Y KENNETH HOLLAND UNDER CITY OF EDMONDS PLANNING DIVISION FILE NO S-93-52 CITY COUNCIL APPROVED MINUTES MAY 17, 1994 Page 3 THESE MINUTES WERE APPROVED AT THE MAY 24, 1994 CITY COUNCIL MEETING (1) APPEAL OF THE HEARING EXAMINER'S DECISION TO DENYAPPEALS OF THE PLANNING DIVISION'S FINAL APPROVAL. AND (2) A SUBSEQUENT "REQUEST FOR RECONSIDERATION" (APPELLANTS: Tl:ornas and Martha Walker/AP-94-22). It was noted by Mayor Hall that the third issue `APPEAL OF THE HEARING EXAMINER'S DECISION TO DENY APPEALS OF THE PLANNING DIVISION'S FINAL APPROVAL (Appellants; Fred Langer & R.W. Kunz/AP-94-24) was dropped and is a moot issue at this point. (See Mr. Langer's statement under "Audience". Staff Report Jeff Wilson, Planning Supervisor, presented the staff report. Mr. Wilson gave background on the application. The application was a request by Mr. Holland to subdivide Parcel land into four lots. Mr. Wilson said there is currently an existing single family house on the property. Access is located on Meadowdale Beach Road, to the west of 72nd Ave. West. The property would gain access via easement road off of Meadowdale Beach Road - it would access all four lots in the proposed short plat. After the short plat went through the review process with the City Staff, a decision was issued on the preliminary short plat to approve it, and subsequently there was a final short plat which is also approved by the City. At that point in time, appeals were filed regarding the short plat approval. The Hearing Examiner held hearings on this appeal, issued a decision regarding those appeals, denying the appeals, and also modifying what the staff s original approval of the short plat was. After the Hearing Examiner's decision was issued, requests for reconsideration were filed with the Hearing Examiner by Mr. Langer, Mr. Kunz, and a request was filed by Mr. and Mrs. Walker. The Hearing Examiner, after reviewing the request for reconsideration, denied both requests for reconsideration. Mr. Wilson said there are six issues the appellants, Mr. and Mrs. Walker raise: 1. The Hearing Examiner erred in not disapproving the proposed subdivision on the basis of storm water drainage and retention 2. The subject property is located within a Critical Area, having slopes of more than 15% and less than 30% 3. Proposed Lot 1 appears to come within the definition of a "flag lot" 4. Proposed Tract (presently ingress/egress tract) is presently used to provide access to the Farmer property adjacent to the east. The use of Tract A to provide access to four additional lots will violate ECDC as it is not 30 feet wide. 5. Adverse Possessions Claims 6. The Hearing Examiner erred in not disapproving the proposed subdivision because it clearly violates the condition imposed by the City upon the Peterson subdivision. Questions from the Council before the Public Hearing is opened Councilmember Dwyer asked Mr. Wilson to address the withdrawal of an appeal by Mr. Langer, which occurred under the audience portion. CITY COUNCIL APPROVED MINUTES MAY 17, 1994 Page 4 THESE MINUTES WERE APPROVED AT THE MAY 24, 1994 CITY COUNCIL MEETING Mr. Wilson said his understanding of Mr. Langer's action tonight, is to withdraw their appeal of the Hearing Examiner's decision regarding their original action which was an appeal of staff decision of the short plat. Councilmember Dwyer asked if this has to do with the adverse possession claim. Mr. Wilson said several of the claims in their request had to do with issues regarding adverse possession. It was noted Mr. Langer provided the City Attorney with a legal document. The document in question is a copy of an order dismissing the adverse possession claim which was executed today by a judge of the Superior Court. Mr. Wilson said the document does have an effect on staff s recommendation, and asked that staff s second recommendation on the Agenda Memo be deleted. Councilmember Fahey referenced several pages within the Agenda Packet. Ms. Fahey referred to page 149 where it states "A covenant is to be placed in the file and is to be recorded on the face of the document to prohibit any future subdivision of Lots 3 and 4". Councilmember Fahey referenced other areas where basically the same language is stated. Councilmember Fahey said it seems to her that in 1976, it was made very clear that the property shall never be further subdivided. Councilmember Fahey asked what conditions exist today that didn't exist in 1976 which would now allow the property to be subdivided. Ms. Fahey said some of the recorded documents indicate there were environmental issues involved. Mr. Wilson said he does not believe there were or are any environmental issues. The language stated on Page 149 regarding no future subdivision was listed within a Staff Review of Proposed Subdivision. Mr. Wilson referenced pages 95 through 96 of the Agenda packet which is the actual record of the subdivision which was recorded against the property when it was subdivided in 1976. The actual condition states ".....lots 3 and 4 as described above shall be held, sold and conveyed subject to the following restrictive covenant: There shall be no further subdivision of said Lots 3 and 4 until and unless such proposed subdivision of said Lots 3 and 4 meets with requirement of the City of Edmonds subdivision ordinance as to access, and any all other requirements which may be hereafter established by the City of Edmonds." Mr. Wilson said these are the conditions that Staff is currently looking at in terms of complying with and reviewing it to determine whether any subdivision can occur. City Attorney Scott Snyder said in the late 1970's, provisions such as the ones on page 149 were fairly common provisions for anything within the area that later was subject to LID 210 and the construction of stormwater sewage improvements and what has later been designated as the Landslide Hazard Area west of Perrinville. Mr. Snyder said by reviewing the address, this would appear to be within that area. Mr. Snyder said the City installed, through anLID and homeowner costs, a series of stormwater improvements that the water of the property substantially reduced the landslide susceptibility of most of the area from 90% to approximately 30%. Mr. Snyder said although he cannot say if this particular property was within this improvement district, it�s close enough to the area, that this would have been a standard requirement imposed. Public Testimony Jeffrey Lavison, Attorney, spoke on behalf of the Applicants, Mr. and Mrs. Holland. Mr. Lavison said the Planning Department approved the proposed short plat after the Hollands had met the many criteria established by the City of Edmonds. Mr. Lavison said the adverse possession claims are now dismissed, as the City Attorney noted via the court order presented this evening. Mr. Lavison said his client disagrees that the proposed Tract A is presently used to provide access to the Farmer property adjacent to the east. Mr. Lavison said Mr. Farmer's primary access is off of Meadowdale Beach Road. With regard to proposed Lot 1 being a "flag lot", Mr. Lavison said the appellant does not identify whata flag lot is, so he cannot address this issue. CITY COUNCIL APPROVED MINUTES MAY 17, 1994 Page 5 THESE MINUTES WERE APPROVED AT THE MAY 24, 1994 CITY COUNCIL MEETING Mr. Lavison said his client disagrees with the appellant that the subject property is located within a critical area. Mr. Lavison said the recorded document has to be relied upon, and the recorded document does not preclude his client from subdividing his property. Mr. Lavison requested the Hearing Examiner's Decision be upheld. Testimony of the Appellant Tom Walker, 7121 Meadowdale Beach Road, presented several overhead transparencies. Mr. Walker said reasons to deny this subdivision include the following: • Clear evidence showing City intent to prohibit subdivision; • Extensive and severe surface water problems will be caused; • Access is not to code and is dangerously inadequate. Mr. Walker went into detail regarding each of the reasons. Mr. Walker referred to the recorded plat map which says "No further division of lots 3 and 4". In the city's subdivision file, the plat map marked in red "Final Documents " is noted, "No further division of lots 3 and 4". Mr. Walker said Planning staff review of the Peterson subdivision from a hearing of May 27, 1976 is marked on Page 1 "A COVENANT IS TO BE PLACED IN THE FILE AND IS TO BE RECORDED ON THE FACE OF THE DOCUMENT TO PROHIBIT ANY FUTURE SUBDIVISION OF LOTS 3 AND 4. Mr. Walker said he and his wife bought their property based on the recorded document which states that no further subdivision would be allowed on the subject property. Mr. Walker said if the proposed subdivision is now approved, it will devalue his own property. At the conclusion of his testimony, a "Summary of Oral Testimony and copies of Overhead slides" were presented to the City Clerk, for distribution to the Mayor and City Clerk. This was marked as Exhibit 1. Council Discussion and Deliberation Councilmember Petruzzi said Mr. Walker pointed out that "Exhibit D" was referenced in a recorded document referred to by Mr. Walker. Councilmember Petruzzi said Exhibit D is clearly attached to the recorded short subdivision and Exhibit D clearly states "there shall be no further subdivision on lots 3 and 4 until and unless such proposed subdivision of said Lots 3 and 4 meets with requirements of the City of Edmond subdivision ordinance...". Councilmember Petruzzi said you have to rely on all pages of the recorded document, not just one page of the document. Mr. Walker referred to a recorded short plat map which is also part of the recording which states "no further subdivision". Councilmember Petruzzi said Mr. Walker is not reading the rest of the document and has to take into account Exhibit B which is included in the recorded document. Audience Participation T. J. Christianson, 8727 Talbot Road, said he feels strongly in protecting the environment in which we live. Mr. Christianson said he believes we should try to preserve the quality of the community. With no other audience member coming forward, Mayor Hall closed the audience portion of the hearing. Continued testimony of the Applicant CITY COUNCIL APPROVED MINUTES MAY 17, 1994 Page 6 THESE MINUTES WERE APPROVED AT THE MAY 24, 1994 CITY COUNCIL MEETING Mr. Lavison, Attorney for the Applicant, stated the following points: • The Walker's are asking the Council to engage in a great deal of speculation about what happened 18 years ago. Mr. Lavison cautioned the Council against entering into this type of speculation. • Regarding Page 149 of the Council packet, Mr. Lavison said language states ...... The covenant shall run to the City as grantee....". Mr. Lavison said this language seems to give the City, as the grantee, the power to change whatever they deem necessary. • Mr. Lavison said you have to look at all the documents that were recorded, not just some of them. Mr. Lavison said if you are going to rely on the recorded document, you must rely on all of them. • In closing, Mr. Lavison recommended the City Council uphold the Hearing Examiner's decision and deny the appellants' appeal. Jeff Wilson, Planning Manager, said Mr. Walker has provided one plat map, which was recorded with the record of short subdivision. Mr. Wilson said there is also a second plat map which was recorded approximately two days later which contains the full survey version of the short plat. Mr. Wilson said he thinks this second plat map was missing out of the originally reported short plat, or at least the map was. That appellant, Mr. Walker, questioned the fact that the Record of Short Subdivision and Exhibit D were notarized by different notaries. Mr. Walker felt this was a complete hassle "unless you were trying to hide something." Mr. Walker said it also clear that Peterson made the effort to record the subdivision documents himself, on the same day as the City approval, rather than letting it be recorded in due course by the City. Mr. Walker wanted to know why this occurred. Jeff Wilson stated it is not uncommon for the developer to record the documents, as they do have a choice. As the City Clerk, Rhonda March, was one of the individuals who notarized a referenced document , City Attorney Scott Snyder interviewed Ms. March regarding her signature on the document. For the record, it was noted Ms. March was an employee by the City in the late 1970's. At that time, her last name was "French". Her position at the time she notarized the documents, was Administrative Secretary in the Public Works Department. For the record, Ms. March stated she notarized the document and said it was very typical as she was only one of two or three other individuals working for the City who were Notary Publics. Mr. Snyder asked Ms. March why there would be two notaries used in a situation like this; one of the City's record of short subdivision and another for the covenants. Ms. March said it is not unusual to occasionally have a second document and it may have been prepared by an engineering firm that was processed at a different date than the other document. Mr. Snyder said Mr. Wilson indicated the City's process at this point is to gather documents together, approve them for recording, and have them transmitted together. Mr. Snyder asked Ms. March if this was the same process used by the City in 1976. Ms. March said she believes so. Councilmember Dwyer asked if it is the opinion of Staff that the ingress/egress are of adequate width, required by the City. Mr. Wilson replied affirmatively. Council Discussion and Deliberation Councilmember Petruzzi referenced page 149. Councilmember Petruzzi asked Mr. Wilson if this is a "Staff Review of the Proposed Subdivision", as stated on this page. Mr. Wilson said yes. Councilmember Petruzzi asked if recommendations are sometimes changed by a body that Staff presents them too? Mr. Wilson said this is correct. CITY COUNCIL APPROVED MINUTES MAY 17, 1994 Page 7 THESE MINUTES WERE APPROVED AT THE MAY 24, 1994 CITY COUNCIL MEETING Councilmember Fahey referenced page 174 of the agenda packet and said the Hearing Examiner indicated the short plat was filed with the County Auditor, although it differed from the wording as recommended by the Planning Department and City Engineer. The Hearing Examiner said it is the document to be considered approved. Councilmember Fahey asked Mr. Snyder in his opinion, if this was an accurate statement, and the fact that two separate documents, there could have at the very least, been some confusion over whether or not this could ever be subdivided? Mr. Snyder said in most cases, absent Fraud or a deliberate attempt to alter a document to be recorded, a final document, approved by the City, will control. Mr. Snyder said one of the rights of an individual, under State Statute, is a right to subdivide their property as long as it meets certain dimensional requirements and they meet procedural prerequisites and statutes. Mr. Snyder said the City Council has the ability to further subdivide land, and whether it is a covenant or simply a subdivision application, the City Council, as the legislative body of the City makes the decision on whether land should be further subdivided. Mr. Snyder said regardless of how the covenant is interpreted, the Council has the ability to subdivide land subject to the provisions of the City's ordinance. Councilmember Petruzzi, said while he agrees some of the verbiage in some of the documents may have been somewhat confusing, he believes you have to look at the entire picture. Councilmember Petruzzi said the fact is Exhibit D was attached to the recorded subdivision document when it was notarized by Rhonda. Councilmember Petruzzi said when looking at a document, you must look at the entire document, not just parts of the document to make a decision. Based on this, Under discussion, Councilmember Fahey said she can sympathize with Mr. Walker, in that it was indicated in some of the documents that the property cannot be further subdivided. Councilmember Fahey, stated, however, she does agree with Councilmember Petruzzi that Exhibit D is clearly referred to which gives a different message. Councilmember Fahey agrees with Councilmember Petruzzi that you have to look at all of the documents that were recorded. Councilmember Hall complemented both sides on their organizational skills regarding the preparation of hearing materials. fTI 1 CARR.1r13.::::.......:::::::.:.:..::::::::::::::::......::::::::::::::::::::::::::.:::::::::::::.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.::::::::::::::::::::::::. As a procedural matter, Scott Snyder asked Mayor Hall to ascertain whether R.W. Kunz, one of the appellants listed in the appeal that was withdrawn earlier by Mr. Lander, was present. Mayor Hall asked if he was present in the audience. He was not. At 8:50 p.m., the Mayor and City Council recessed for a short break, and reconvened at 9:00 p.m. HEARING ON COMMUNITYASSESSMENT RELATIVE TO PROPOSED EXTENSION OF rLnl�a CHAMBERS CABLE FRANCHISE Paul Mar, Community Services Director, provided the staff report. Mr. Mar stated three representatives li from Chambers are present in the audience: Councilmember Petruzzi referenced a letter this evening from legal Council of Chambers. Councilmember Petruzzi asked the City Attorney if he feels the City has given proper notice to Chambers Cable. Mr. Snyder explained approximately five years ago, during the renewal process which was initiated, the City hired a consultant, held extensive public hearings, commissioned the experts to do a technical CITY COUNCIL APPROVED MINUTES MAY 17, 1994 Page 8 THESE MINUTES WERE APPROVED AT THE MAY 24, 1994 CITY COUNCIL MEETING evaluation of the system, and paid for a consumer satisfaction survey and did a variety of reports to address three of the four basis for review of renewal. The City Council of that time deferred consideration of the fourth aspect, which was the need within a community for public education, governmental access and its requirements. Mr. Snyder said because of the very recent nature of the City's last report, which was then followed by months and years of negotiations, his suggestion was the City Council hold a public hearing at this time, which is the reason why the Council is holding a public hearing this evening. Mr. Snyder said the Cable Act does not have a specific requirement regarding notice - the notice that was given was the same notice before public hearings in the past process the City followed in which this franchisee was involved and there was not any objections at that time. Mr. Snyder said it seems there is a misperception the City Council is entering into a pattern of one year extensions. Mr. Snyder said as he told a representative of Chambers today, it is his understanding the Council is looking at a one year extension solely for record keeping purposes so it is clear that when the franchise will expire on its terms, the City provided an adequate opportunity for continuation of the franchise during a review of the franchise itself and renewal. Mr. Snyder said while the City recognizes the Franchisee has requested a 15 year term, the Council has made no decision, but the Council is looking at the franchisee renewal proposal with an open mind preparing to enter into negotiations. Public Testimony Patricia Black, 615 Sater Lane, said she has lived at this address for almost 21 years. Ms. Black expressed her disappointment with Chambers and said they have poor customer service. Ms. Black said many times they will do "testing" during prime time hours resulting in no reception of several channels. Ms. Black said Chambers provides poor service. Joe Spitts, 24032 79th Place West, expressed his disappointment with Chambers Cable. Mr. Spitts said he doesn't believe they are a very good cable company. Mr. Spitts said he would like to see Viacom or TCI serve the area. T. J. Christopher, resident of Edmonds, said Chambers Cable has an inadequate system. Mr. Christopher said he has been to very remote areas which have better cable services than Chambers provides Edmonds residents with. Chambers Cable Representatives. Silvia Sicamore, Senior Vice President of Chambers Cable, referenced the company's position paper. Ms. Sicamore said the goal of the Emonds Cable Company (Chambers) is to provide excellent service to its subscribers. Ms. Sicamore said she believes the conditions regarding extensions to Edmonds Community College, etc. should be discussed and worked out in the cable renewal process; rather than placing them in the proposed ordinance which provides for a one year extension. Ms. Sicamore said this is what Chambers objects to. Ms. Sicamore explained the company is not opposed to providing for these "conditions", however, the proposed one year renewal should not include any new conditions, and should not be tied to the one year renewal. Ms. Sicamore said she understands there have been problems with the time delay regarding televising of the City Council Agenda, and said that problem is being resolved. John Arnold, one of the legal council for Chambers Cable, referenced a letter from one of his partners to the City outlining the Company's legal position in this matter. Mr. Arnold said he wants to make sure the letter is part of the record. Mayor Hall said it will be included as part of the record. Mr. Arnold said, basically the. Cable Act asks Chambers and the City to work towards negotiating a cable franchise which will service the citizens of the city. Mr. Arnold described the process for this, which is included in the letter. Mr. Arnold said the renewal process, according to the Cable Act, can take two forms; informal which is the negotiation process, or a more formal process whereby Chambers makes a specific proposal to the City, and then depending on whether successful negotiations have taken place, an CITY COUNCIL APPROVED MINUTES MAY 17, 1994 Page 9 r!' THESE MINUTES WERE APPROVED AT THE MAY 24, 1994 CITY COUNCIL MEETING administrative process would follow and then ultimately to judicial review. Mr. Arnold said Ms. Sicamore is urging that an informal process take place. Mr. Arnold said Chambers is asking the City to follow the Cable Act, which does not include adding items in piece meal fashion, such as the conditions, but instead discussing them during the negotiations. Mr. Arnold said the Cable Act does not allow for a process which "unfairly or unilaterally imposes conditions on Chambers as a condition of either renewal or extending the franchise while we negotiate". Mr. Arnold said public access is not an issue of concern that Chambers is opposed too, they are, however, opposed to how it is being introduced, which is outside the Cable Act requirements. Councilmember Petruzzi referenced and read from the letter from legal council from Chambers. Councilmember Petruzzi said he cannot believe the posture of the letter. Councilmember Petruzzi said the letter is extremely threatening and cannot believe it was sent. Councilmember Petruzzi said he favors an informal process, such as Chambers has described, but is appalled that before negotiations have even begun, a threatening letter such as this would be even sent to the City. Council President Nordquist said the City Council has never taken a vote on whether to televise all future Council meetings. Council President Nordquist suggested that portion of the ordinance be deleted at this time, thus amending section 1, page three. Councilmember Dwyer said he would like to see sentence one on page 3 of the proposed ordinance kept intact and remainder deleted. Councilmember Dwyer agrees the conditions should not be part of the extension. Councilmember Dwyer agrees they should be discussed in negotiations. Ms. Sicamore said Chambers is willing to continue televising the Agendas, and any other tapes brought to them regarding governmental issues. Ms. Sicamore assured the City Council they are more than willing to air any future Council Meetings if asked. As a procedural matter, :0tOWARORA un ,�.i.... .........:......_..fit.....: T_ EIEYlRYI._...................................................................,............................ Councilmember Hall asked if Chambers operates under the authority of the 1984 Cable Act. Ms. Sicamore said the 1992 Cable Act amended the 1984 Cable Act, and said yes, the company does operate under this. ..::.......::.. t?T . h...;�AR....... .:::::::::............... Under discussion, Councilmember Hall asked if the maker of the motion would consider adding language stating Chambers has agreed to continue airing Council Agendas and they agree to play tapes provided by the City. .....:::::.::.>::::::::.:.:::::: tTlGl4IR)€E...::............::::..::::::::::::::::::::::::...:::::::::::::::::.:::::::................................................:.:.:.:.::::::::::::::::::::::::::: Councilmember Petruzzi said he doesn't believe that is necessary, as he is taking their word they will do as they say. CITY COUNCIL APPROVED MINUTES MAY 17, 1994 Page 10 THESE MINUTES WERE APPROVED AT THE MAY 24, 1994 CITY COUNCIL MEETING * SEE FURTHER ACTION BY CITY COUNCIL ON THIS ISSUE ON PAGE 11 OF THESE MINUTES) Councilmember Hall noted the "conditions" are not anything new. Councilmember Hall said according to the Cable Act, requests such as these should be granted by the Franchisee with no questions asked. DISCUSSION ON SEVERANCE PAY Brent Hunter, Personnel Manager, provided the Staff Report. The discussion was on a proposed Personnel Policy, which would provide a Severance Pay benefit to the Department directors. The policy would provide three months of salary as a severance benefit in the advent the director is involuntarily discharged without cause by the Mayor. The City Council suggested this come back on the June 14th Council Agenda for further discussion. Councilmember Dwyer said before discussing the policy and fine tuning it, he suggests the Council discuss the philosophy behind it such as why is it needed. Councilmember Dwyer said he is unaware of any problems which has necessitated a policy of this kind. CONTINUED DISCUSSION ON CHAMBERS CABLE FRANCHISE City Attorney Scott Snyder asked for a point of clarification. Mr. Snyder said following action of the Council regarding the issue, representatives from Chambers expressed concern to him regarding the motion of rejecting the 15 year franchisee agreement request. Mr. Snyder said they said they do not want the record to reflect their request for a franchise renewal has been denied. Mr. Snyder said this will require them to initiate judicial review within 30 days. Mr. Snyder asked for clarification on this issue. MAYOR Mayor Hall's announcements included the following: • First Annual Transportation Day will be held on May 20, 1994 at the Library Plaza Room. • Upcoming waterfront festival • Summer Concerts in the Park • Invitation to Al Schweppe's swearing in ceremony at County Council Chambers • Meeting at Mountlake Terrace regarding potential fire consolidation COUNCIL Councilmember Nordquist asked Councilmembers to contact the Council Office if they want to be part of the 4th of July parade. CITY COUNCIL APPROVED MINUTES MAY 17, 1994 Page 11 THESE MINUTES WERE APPROVED AT THE MAY 24, 1994 CITY COUNCIL MEETING Councilmember Hall asked for a date certain to discuss televising of Council Meetings. Council President Nordquist scheduled this for the next work meeting. EXECUTIVE SESSION i-Q,v ( At 10:40 p.m, the Mayor and City Council recessed to an Executive Session to discuss a labor and a real estate matter. The Mayor and City Council adjourned thereafter, at approximately 11: 15 p.m. CITY COUNCIL APPROVED MINUTES MAY 17, 1994 Page 12 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 - 10:00 a.m. MAY 17, 1994 CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF COUNCIL RETREAT MINUTES OF MARCH 18 AND 19, 1994, AND THE MINUTES OF MAY 3, 1994 AND MAY 10, 1994 (C) APPROVAL OF CLAIMS WARRANTS FOR WEEKS OF MAY 2 AND MAY 9, 1994, AND APPROVAL OF PAYROLL WARRANTS FOR THE PERIOD OF APRIL 16 THROUGH APRIL 30, 1994 (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM SUSAN J. JENSEN AND LAEBUGTEN SALMON CHAPTER (E) REPORT ON BIDS OPENED APRIL 26, 1994 FOR THE 1994 WATER MAIN REPLACEMENT PROGRAM AND AWARD OF CONTRACT TO PARAMOUNT PACIFIC CORPORATION ($365,697.92 INCLUDING SALES TAX) (F) AUTHORIZATION TO CALL FOR BIDS FOR THE 1994 STREET SURFACE TREATMENT PROGRAM (G) AUTHORIZATION TO CALL FOR BIDS FOR VEHICLE EXHAUST REMOVAL SYSTEM FOR FIRE STATION NO.6 (H) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT WITH PATRICIA HOLMAN STEINHARDT FOR CULTURAL ARTS ASSESSMENT (1) AUTHORIZATION TO CALL FOR BIDS FOR THE CITY PARK MAINTENANCE BUILDING REROOF PROJECT (J) AUTHORIZATION FOR MAYOR TO SIGN SCOPE OF WORK AS A SUPPLEMENTAL AGREEMENT TO THE EXISTING PROFESSIONAL SERVICE AGREEMENT WITH REID MIDDLETON TO PROVIDE SURVEY FOR PHASE 1 AND 2 OF CITY PARKS ($4,200) (K) AUTHORIZATION TO FUND REQUEST FROM EDMONDS BOYS AND GIRLS CLUB FOR REPAIR TO TWO HEATING VENTS ($875.00 PLUS WSST) (from May 3, 1994) (L) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH SNOHOMISH COUNTY REGARDING EMERGENCY VEHICLE OPERATION TRAINING (M) PROPOSED ORDINANCE AMENDING EDMONDS CITY CODE SECTIONS 8.48 AND 8.64 REVISING DOWNTOWN AREA PARKING RESTRICTIONS AND PARKING INFRACTION PENALTIES (from April 19, 1994) - continued - EDMONDS CITY COUNCIL AGENDA PAGE 2 MAY 17, 1994 (N) PROPOSED ORDINANCE AMENDING ORDINANCE 2936 TO CORRECT A SCRIVENER'S ERROR RELATING TO EDMONDS COMMUNITY DEVELOPMENT CODE, SECTION 17.40.030 - NON -CONFORMING LOTS (0) APPROVAL OF POLICE SUPPORT LABOR AGREEMENT (P) APPROVAL OF REVISED PURCHASING POLICY INCREMENTAL DOLLAR LIMITS (Q) ACCEPTANCE OF QUIT CLAIM DEED FOR TEN -FOOT STREET DEDICATION FROM THOMAS AND MARILYN DEGAN AT 15520 75TH PLACE WEST (R) ACCEPTANCE OF QUIT CLAIM DEED FOR STREET DEDICATION FROM JEANNETTE M. SARRASIN AT 505 OLYMPIC AVENUE (S) ACCEPTANCE OF QUIT CLAIM DEED FOR STREET DEDICATION FROM ROBERT KECHLEY, ELIZABETH KENNEDY, AND GERALD AND CAROL SAMS AT 24211.76TH AVENUE WEST (T) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT AMENDMENT #1 WITH LANDAU ASSOCIATES FOR GEOTECHNICAL CONSULTANT SERVICES IN CONJUNCTION WITH THE PUBLIC WORKS OPERATIONS AND MAINTENANCE CENTER ($4,500) 3. AUDIENCE 4. (5 Min.) PROCLAMATION RECOGNIZING MAYOR'S ANNUAL TRANSPORTATION DAY AS PART OF NATIONAL TRANSPORTATION WEEK 5. (90 Min.) PRESENTATION OF ARTS COMMISSION SCHOLARSHIPS TO AMY HORN FOR LITERARY ARTS AND JENIFER PETERSEN FOR PERFORMING ARTS 6. (45 Min.) COMBINED HEARING ON THE FOLLOWING APPEALS PERTAINING TO A PROPOSED 4-LOT SHORT PLAT FOR PROPERTY LOCATED AT 7037 MEADOWDALE BEACH ROAD SUBMITTED BY KENNETH HOLLAND UNDER CITY OF EDMONDS PLANNING DIVISION FILE NO S-93-152: (1) APPEAL OF THE HEARING EXAMINER'S DECISION TO DENY APPEALS OF THE PLANNING DIVISION'S FINAL APPROVAL, AND (2) A SUBSEQUENT "REQUEST FOR RECONSIDERATION" (Appellants: Thomas & Martha Walker/AP-94-22) AND (3) APPEAL OF THE HEARING EXAMINER'S DECISION TO DENY APPEALS OF THE PLANNING DIVISION'S FINAL APPROVAL (Appellants: Fred Langer & R. W. Kunz / AP-94-24) 7. (20 Min.) HEARING ON COMMUNITY ASSESSMENT NEEDS RELATIVE TO PROPOSED EXTENSION OF CHAMBERS CABLE FRANCHISE 8. (15 Min.) DISCUSSION ON SEVERANCE PAY 9. (5 Min.) MAYOR 10. (15 Min.) COUNCIL 11. (20 Min.) EXECUTIVE SESSION REGARDING LABOR NEGOTIATIONS 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.