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06/06/1995 City CouncilApproved 6120195 EDMONDS CITY COUNCIL APPROVED MINUTES JUNE 611995 Following a special meeting called pursuant to notice for the purpose of interviewing a Planning Board candidate, the Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Laura Hall in the Library Plaza Room, 650 Main Street, followed by the flag salute. ELECTED OFFICIALS PRESENT Laura Hall, Mayor Tom Petruzzi, Council President William J. Kasper, Councilmember Michael Hall, Councilmember Dave Earling, Councilmember John Nordquist, Councilmember Roger L. Myers, Councilmember Barbara Fahey, Councilmember ALSO PRESENT Emily Shen, Student Representative STAFF PRESENT Tom Miller, Police Chief Michael Springer, Fire Chief Art Housler, Administrative Services Director Paul Mar, Community Services Director Arvilla Ohlde, Parks and Recreations Manager Noel Miller, Public Works Supervisor. Jeff Wilson, Current Planning Supervisor Kirk Vinnish, Planner Steve Bullock, Assistant Planner Scott Snyder, City Attorney Sandy Chase, City Clerk Christine Laws, Recorder 644 Mayor Hall announced the addition of Student Representative Emily Shen and called upon Councilmember Roger Myers to make the official introduction. Ms. Shen is a Senior at Meadowdale High School and is an excellent student, with a lot of enthusiasm, who will well represent the City. Mayor Hall welcomed Ms. Shen and encouraged her to participate as an active member. 1. APPROVAL OF AGENDA Mayor Hall asked to add to the Agenda as Item 4A a five-minute discussion of the Interlocal Agreement between the City and the Port; as Item 4B five minutes regarding authorization to call for bids for wastewater treatment plant dechlorination equipment; as Item 4C five minutes at the request of Police Chief Tom Miller; and, after Item 6 as Item 6A, a 10-minute Executive Session on a legal matter to coincide with a break to allow the School District to prepare for their Item 7 presentation. Councilmember Earling asked to add as Item 5A a 15-minute Executive Session regarding legal and real estate matters. COUNCILMEMBER FAHEY MOVED, SECONDED BY COUNCIL PRESIDENT PETRUZZI, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED. 2. CONSENT AGENDA ITEMS Councilmember Earling pulled Item B; Councilmember Nordquist pulled Items D, F, and G; and Councilmember Kasper pulled Item H. Approved City Council Minutes June 6, 1995 Page 1 COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCIL PRESIDENT PETRUZZI, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The agenda items passed are as follows: (A) ROLL CALL GL'11114 41'5 (C) APPROVAL OF CLAIM WARRANTS #950225 THRU #952804 FOR THE WEEK OF MAY 29, �RRI 1995 IN THE AMOUNT OF $203,592.34 Fes) (E) REPORT ON BIDS OPENED MAY 16, 1995, FOR THE 1995 PUBLIC WORKS FUEL TANK p yf. RE�,o JA REMOVAL PROJECT AND AWARD OF CONTRACT TO STEMEN ENVIRONMENTAL, INC. ($10,928.20, INCLUDING SALES TAX) X 14f1A6Wt1� j5 �` (1) ORDINANCE NO. 3027 AMENDING PENALTY PROVISIONS FOR FIREWORKS ORDINANCE (J) EMERGENCY ORDINANCE NO. 3028 ADOPTING AN EXTENSION TO THE EDMONDS C� rf1tAL INTERIM CRITICAL AREAS ORDINANCE, CHAPTER 20.15(B) OF THE EDMONDS CITY 0R5'4a CODE, FOR AN ADDITIONAL SIX MONTHS TO DECEMBER 13, 1995, AND ADOPTION OF 0,400V FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF THE EXTENSION pot4,4114A (K) CONFIRMATION OF APPOINTMENT TO PLANNING BOARD p pR Item B: Councilmember Earling pulled Item B as Council had been made aware that revision was necessary. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCIL PRESIDENT PETRUZZI, FOR APPROVAL OF THE MINUTES OF MAY 30 WITH THE CHANGES INDICATED. 6 MOTION CARRIED. The agenda item passed is as follows: '4,.4AP w� 30 (B) APPROVAL OF MINUTES OF MAY 30, 1995 tAR Item D: Councilmember Nordquist asked to pull Item D for clarification. He discussed with Public Works Superintendent Noel Miller the fact that the spreadsheet totals on the Agenda Memorandum were erroneous and clarified the tax rate used, and the recommended vendors for the tools and boxes. COUNCILMEMBER NORDQUIST MOVED, . SECONDED BY COUNCIL PRESIDENT PETRUZZI, FOR PASSAGE OF ITEM D. COUNCILMEMBER KASPER VOTED NO BECAUSE HE FEELS COUNCIL IS GIVING THESE PEOPLE A RAISE OVER AND ABOVE THE REST AS IT'S REQUIRED AT MOST LOCATIONS TO BE SUPPLIED BY THE EMPLOYEE. MOTION CARRIED. The agenda item passed is as follows: AAA (D) REPORT ON BIDS OPENED MAY 15, 1995, FOR THE PURCHASE OF HAND TOOLS AND '�(e TOOL BOXES AND AWARD HAND TOOL BID TO SNAP -ON TOOLS CORP. ($11,878.61), Y'65 AND AWARD OF TOOL BOX BID TO SEARS INDUSTRIAL SALES, INC. ($4,484.35) Item F: Councilmember Nordquist asked Community Services. Director Paul Mar whether anyone had checked with the State bid. Mr. Mar did not recall that being done. Approved City Council Minutes June 6, 1995 Page 2 COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER MYERS, THAT ITEM F BE HELD OVER UNTIL WE CHECK TO SEE WHAT THE STATE BID WOULD GIVE AS A PRICE ON THAT. MOTION CARRIED. The agenda item deferred is as follows: �F1PA (F) REPORT ON BIDS OPENED MAY 22, 1995, FOR A MICROFILM READER/PRINTER AND �f epl/t AWARD OF BID TO BELL & HOWELL IN THE AMOUNT OF $7,028, INCLUDING SALES P�9 " TAX AND MAINTENANCE AGREEMENT Item G: Councilmember Nordquist confirmed with Noel Miller who established the value of $12,000. Mayor Hall called upon Parks and Recreation Manager Arvilla Ohlde for additional comment. Ms. Ohlde also wanted to be prudent, so the Cemetery Sexton checked with other vendors regarding the same calibre equipment as being considered here. The Board agrees this is a cost-efficient deal. City Attorney Snyder advised the additional limitation is that because this is from the Water -Sewer Fund, the State Auditor will want to make sure it is reimbursed at a market rate. Councilmember Nordquist asked Mr. Snyder if Council needed to declare it surplus. Mr. Snyder advised that should be a portion of the motion. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER MYERS, FOR APPROVAL OF ITEM G AND THAT COUNCIL DECLARE THE 1986 FORD 555 BACKHOE AS SURPLUS SO THAT IT CAN THEN BE SOLD TO THE CEMETERY. MOTION CARRIED. The agenda item passed is as follows: Ogg opep, (G) AUTHORIZATION TO CALL FOR BIDS TO PURCHASE A BACKHOE LOADER AND SELL CURRENT UNIT #53 TO CEMETERY FOR $12,000 Item H: Councilmember Kasper asked City Engineer Jim Walker for clarification. He confirmed this was not an overlay program but the other street. surface program like the one carried on last year as a test program North of 196th Street. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR PASSAGE OF ITEM H. MOTION CARRIED. The agenda item passed is as follows: l9�� es _,`` (H) AUTHORIZATION TO CALL FOR BIDS FOR THE 1995 STREET SURFACE TREATMENT '�R't� fA PROGRAM fX06 Councilmember Hall noted that during the Consent Agenda, Mr. Bruce Witenberg was confirmed as the new appointment to the Planning Board. Mayor Hall recognized Mr. Witenberg. 3. AUDIENCE 'fail0 Mel Critchley, 705 Driftwood Place, Edmonds, represents the Citizens for Waterfront Access and spog � Railroad Safety. His comments concerned the ski safety nets that are up for the safety of the public, and V01 violations by the railroads as well as train speeds. He also questioned the actions taken on the Financial Center acquisition. He urged Council to reconsider its involvement. Approved City Council Minutes June 6, 1995 Page 3 4. PRESENTATION OF EDMONDS ARTS COMMISSION LITERARY AND PERFORMING ARTS SCHOLARSHIP WINNERS ERR PAR mid Ramona Faires, 619 Elm Place, represented the Edmonds Arts Commission for the presentation to the R�'ra. 1995 Performing Arts and Literary Scholarship winners: Vocalist Rebecca Reed (Meadowdale), Vocalist 50�PS Somer Macek (Meadowdale), and Writer Marit Holmgren (Edmonds Community College). Each of the winners gave a short thank you speech and advised Council of their plans for the future. Additionally, Ms. Holmgren read an original poem about the Oklahoma City bombing. Mayor Hall congratulated the winners. Councilmember Earling additionally thanked all the applicants in the program. He also noted that the reading of the poem emphasized the need to put emphasis on the 17,000 students who are at Edmonds Community College and that we can't afford to hold the students hostage for some of the problems that do exist. 4A. INTERLOCAL AGREEMENT BETWEEN CITY AND PORT it, City Attorney Snyder reported that at the last meeting Council had authorized him to discuss with the 4Go,1 01F, Port an agreement to recognize and provide an audit trail for the monies to hire a consultant to put together D�v� a basic study. The agreement indicates that the City is providing $6,000 to the Port as lead agency to 'o contract for consulting services in order to put together a Strategic Plan for Economic Development. The agreement authorizes the expenditure of funds through the Port as lead agency. Mayor Hall asked Dee McGrath to make copies for Council so discussion could be put over until the end of the meeting. 4B. AUTHORIZATION TO CALL FOR BIDS FOR WASTEWATER TREATMENT PLANT DECHLORINATION EQUIPMENT R' DO w/4 City Engineer Jim Walker reported that the City is under mandate of the Department of Ecology to add a 114,jPOrK dechlorination system to the treatment plant. A meeting was held with Ecology last week, with further 06 discussion Friday. They are willing to approve a simpler system than was originally budgeted, and the treatment plant could install that system themselves. His request was for authorization to purchase the equipment needed, and then the treatment plant will install for an anticipated labor cost of about $2,000. Most of the cost -- about $25-30,000 -- will be for equipment. The City is paying for half as the other portion is Ecology grant. There will be a significant savings. Councilmember Fahey confirmed that this was a budgeted item originally. COUNCIL PRESIDENT PETRUZZI MOVED, SECONDED BY COUNCILMEMBER FAHEY, TO AUTHORIZE STAFF TO CALL FOR BIDS FOR WASTEWATER TREATMENT PLANT DECHLORINATION EQUIPMENT, MOTION CARRIED. 4C. POLICE CHIEF REQUEST REGARDING EXECUTIVE EXCHANGE PROGRAM P00 a Police Chief Tom Miller reported to Council that he had been invited to attend, as an alternate, the ,,q i Washington Association of Sheriffs and Police Chiefs (WASPC) Executive Exchange to Northumbria, ,,,ge. 6E England, from June 17 through June 24, 1995. Food and housing are provided by the Northumbria ,6�gtllj constabulary, and the only cost to the City would be round trip airfair for which current quotes for seven - Approved City Council Minutes June 6, 1995 Page 4 day advance are $636 to $838. There are sufficient funds in Police Training Travel. The program is reciprocal, with police executives from England traveling to Washington in September to visit the cities represented on this trip. COUNCIL PRESIDENT PETRUZZI MOVED, SECONDED BY COUNCILMEMBER FAHEY, TO ALLOW POLICE CHIEF MILLER TO ATTEND THE EXECUTIVE EXCHANGE PROGRAM IN NORTHUMBRIA, ENGLAND, FROM DUNE 17 TO JUNE 24 WITH THE UNDERSTANDING THAT THE COST WILL BE LIMITED TO AIR TRAVEL WHICH IS APPROXIMATELY $636 TO $838, AND THAT THESE FUNDS WILL BE TAKEN FROM THE POLICE TRAINING TRAVEL FUND. MOTION CARRIED. 5. HEARING ON MORATORIUM ON CELLULAR TOWERS AND REPORT OF AD HOC R ADVISORY COMMISSION CAL .fpydERs Community Services Director Paul Mar called Council attention to their Agenda Memorandum as to results of the meetings of the Ad Hoc Advisory Commission as well as the names of those on that Commission. Mr. Mar advised the audience there were copies of the information by the sign-up sheets. He further reported that the purpose of this hearing was to bring back to Council the findings to date, though not complete, and invite public and Council comment. He introduced Kirk Vinnish and Steve Bullock, as the key staff working on this, for further presentations. Planner Kirk Vinnish, reviewed for Council the concerns that had been previously expressed. The Committee has attempted to address these concerns through the regulations discussed and to be discussed tonight. They have taken a "carrot and stick" approach. The carrot essentially consists of micro -cells. The technology is relatively new and relatively expensive, and the industry would rather not go to that if avoidable. There are some real community benefits for going to this type of system. Because of their size and because they are innocuous, they can be located very easily anywhere in the city and not be noticed in any real terms. For that reason, it is recommended that they be permitted in all zones of the city and be exempt from height requirements. While they would have to meet ADB requirements with respect to paint color, if the color were the same as the building, the ADB need not become involved. Further, they could not be located on buildings on which there is residential space directly below them or adjacent to them. They want to encourage the industry to go to this. The other half of the carrot is the Micro -Cell H which are whip antennae or paddles that are greater than four feet high but would be mounted on an existing structure. They would not be allowed to be on a structure built for that purpose. It is not anticipated that the unit, and the building to which it is mounted, will not exceed the existing height limitation of the zone in which they will be found. Again, they want to move the industry in that direction as they are far less obtrusive and address many of the concerns that neighborhood groups expressed during the course of the previous hearings. The ADB would be asked to review all applications for micro -cell technologies as they are being located. One other item of note is that the equipment cabinets that will be associated with whatever facility is built will not be seen by the public. Planner Steve Bullock indicated the reason they are still addressing monopoles and lattice towers is that there will be a lot of new carriers coming into the state of Washington, and only a limited number of the carriers now have a broad and deep enough coverage right now where they can immediately go to a micro - cell type technology. The new carriers are going to need the broader based and wider coverage facilities to start their service. We need to be able to provide them an opportunity to introduce their systems into the area. In the Agenda Memo are the regulations for both monopoles and lattice towers throughout the city. Currently all these transmission use facilities must get a Conditional Use Permit, but it is a very generic permit. The criteria is the same as for all Conditional Use Permits. It is the belief of Staff and the Approved City Council Minutes June 6, 1995 Page 5 Commission that the criteria should be more stringent with some special criteria directly related to these towers and communications facilities. He described the suggested criteria and described current regulations and requirements. He then discussed potential locations for the different types of facilities. Staff and the Commission would like to see included that if those towers cease to be used in the future, they want some provision to allow for their removal so that the City does not end up getting stuck with useless poles around the community. Tony Shapiro, 10609 - 226th Street S.W., is a committee member. He thinks the draft as it stands today is going in the right direction from the community standpoint: He thinks of it more in terms of the proposed pole on 226th Street that was reviewed earlier this year and trying to put that pole in context with this ordinance. His motivation is not that the ordinance be structured such that a pole would not be permissible. He thinks most of his neighbors were concerned about the excessive height. He thinks the ordinance needs to be more detailed in some areas as the draft progresses. Other concerns might be mounting the micro facilities on top of existing poles, obsolescence, and the possibility of facilities being turned over to a holding company from which the City may not be able to collect removal funds. He urged that language get fairly specific, and even a bond be posted that might last 15 years. He believes this is going to be obsolete within the next five or ten years. Mr. Shapiro reiterated that from his perspective, the ordinance is going in the right direction. Commission members present were introduced: Rondi Hilleso, Evans Wilson, and Tony Shapiro. Rondi Hilleso, 1416 N. 54th Street, Seattle, WA 98103, expressed pleasure in being part of the Edmonds Wireless Communications Regulations Commission. She represents OneComm Corp., but she also has direct input with ATT Wireless Services, US West New Vector, and Sprint Telecommunications Vector. She reported that representatives from all of the companies were present at the meeting. She feels the Commission is a large step forward in working together to draft regulatory codes that will work with both the community and the wireless communications industry. There are many details to be worked out: the feasibility of the engineering and technology and what is really possible, along with the concerns of the community. Due to the unique topography of Edmonds and the aesthetic concerns of the community to preserve the views and ambiance of the city, the industry has made some compromises in the ways systems could be configured within Edmonds. Shorter facilities can be constructed, however multiple sites will be needed to cover the ever-increasing demand for the highest quality service to the customer. Through use of the overhead, she explained and showed photographs of actual facilities to give an idea of what these types of facilities actually look like. The spectrum runs the gambit from the micro -cell on a light standard to a lattice tower. She expressed her thanks for allowing the industry to provide input into this process. She looks forward to continued work with the Commission to finalize a draft that is satisfactory to all parties. Mr. Mar closed by stating that the elements of the proposed ordinance are elements other communities are considering. What has been attempted is to tailor the ordinance to fit the needs of this community. Mr. Snyder reminded Council that this is a public hearing which follows the passage of a moratorium ordinance. By state law, a City may impose a moratorium for a period not to exceed six months and is required to follow the passage of the moratorium with a public hearing within sixty days. That is this hearing. The purpose of the moratorium is to provide a community with breathing room and an opportunity to enact in a reasonable way zoning regulations. A moratorium's purpose is not to exclude a use or prevent it. He reminded Council that its task is slightly different tonight than when the ordinance comes back to it. The decision tonight is whether or not to continue with the moratorium and refer this Approved city Council Minutes June 6, 1995 Page 6 matter to the Planning Board with some direction from the Council as to whether this is on target, there are things to be added or deleted. Mr. Kasper asked Mr. Snyder how restrictions such as height limits would be handled. Mr. Snyder said there becomes two focuses on the City regulation -- the City regulates generally in a zoning context. Most of these facilities are built on leased property, and the person leasing the property is still bound by the subdivision restrictions, and any other owner of property within the subdivision can enforce those restrictions against the potential lessor. Mr. Kasper also expressed concern over these facilities being built on top of condominiums and becoming a view obstruction. Mr. Snyder reminded that they would be exempted from the City's height limits. Councilmember Fahey thanked Staff and the Commission for their efforts in getting to this point. She expressed concern when looking at allowing them in multi -residential areas because there are so many condominiums where people put essentially the same value on that type of living situation as they do in a residential section. Because they tend to be in front of the view homes higher up on the hill, it would seem that we could be opening up a zone that could create problems for people living behind. She asked for insight as to the discussion that took place to include multi -residential as a zone where this could be looked at where a single-family residential is not. Mr. Bullock explained the additional criteria that would need to be met. In response to Councilmember Myers inquiry, Mr. Mar advised Council that notices of the hearing were sent to all individuals who had testified at all previous hearings. Councilmember Earling noted that the copy of the minutes attached to the Agenda Memo was incomplete (Exhibit 1). Mr. Mar indicated his belief there was a motion at that meeting. Mr. Earling also believed there was considerable discussion. Councilmember Earling asked Mr. Mar for the updated minutes. He also questioned the matter of Council having a workshop on this issue. The Mayor indicated they were waiting until after this hearing for such a workshop. Mr. Snyder reminded Council that this was the last possible date upon which this hearing could be held. Councilmember Earling wanted to make it clear that he wanted Council to have further information beyond the good work that the Commission has done to this point. Many of the Council members probably need to have information related to safety issues, to how far some of these various technologies can transmit a signal, a lengthy list of concerns Council presumably has. Councilmember Earling is still most interested in receiving more direct information. Mr. Mar said that if at the end of the hearing Council wished additional information pulled for the workshop, he would see that it was put together. The public portion of the hearing was opened. Dallas Snuffer, Lebanon, Missouri, represents Sprint Telecommunications Venture. This is the new PCS organization that is going to install and deploy a communication system within Washington. They got their FCC license in March, and they are now doing preliminary work to identify locations that they will require to install the base operations themselves. They have been working closely with Rondi and the Planning Department. He thanked Kirk Vinnish for his patience and effort. He reiterated that they are trying to find locations and have identified several locations in Edmonds. They are trying to bring the locations to the best place for all concerned. They are looking for rooftops on which to mount equipment so they don't have to put any more monopoles or towers up than absolutely necessary. They are very interested in co -locating with other organizations to insure that they do the best job for the city they can. Approved City Council Minutes June 6, 1995 Page 7 Gerald Vinto, of Sprint Telecommunications Venture, and John Keene believed Mr. Snuffer spoke well and waived their time. Scott Greenberg, 1100 Olive Way, Suite 200, Seattle, Washington 98101, works with URS Consultants as a site acquisition and zoning consultant for US West New Vector Group otherwise known as US West Cellular. He expressed appreciation for the efforts of the committee and Council in looking at coming up with appropriate regulations for wireless cellular facilities. In a general sense, they are looking at predictability. He indicated they would be happy to provide any information requested by either the committee or Council. Roberta Goodnow, works with ATT Wireless in a consulting capacity doing land use work and some of the government relations work as well. She was glad to hear the comments passed on to the committee and Staff on paper are draft elements for an ordinance. The comments are not in ordinance form, and there are a lot of ambiguities that need to be worked out. ATT Wireless wished her to stress that they do need flexibility as technology changes constantly and each carrier has a slightly different need. They need flexibility not only for what is being planned now, but what will be planned one to two years from now. She feels they need to be considered part of the communities infrastructure in the same way as electricity, land line phone, cable television, streets and water system. As stated by Mr. Greenberg, they need to be able to locate throughout the city with a simple, understandable, timely and predictable approval process. Roger Hertrich, 1020 Puget Drive, commented there are a lot of considerations that need to be done at the Planning Board level so there can be additional public hearings on this endeavor. The City has for a long time considered visual impact an important issue. He acknowledged that the Code speaks to underground utilities to remove the poles and wires wherever possible to allow general views of Edmonds to be more natural, relaxed and rural. He believes what is being considered here is quite an addition to that aerial view, and restrictions are needed. One of the problems he has is that in one area they eliminate the need for a Conditional Use Permit which requires a hearing. He thinks a hearing is needed and that a Conditional Use Permit is a good way to do it. He stated that Council is likely to learn something of why some of the rules were instituted prior to consideration of elimination of those code provisions. He suggested caution in zeal to remove old codes while trying to create new ones. Matt Grimley, 24117 - 89th Place West, wished to make sure that this regulation is industry and does not relate to the amateur radio service. There are many FCC rules and federal law that have permitted amateur radio structures. He believes the title of this issue indicates everything is included at this time. He asked that the amateur radio service be protected for the type of service it offers and type of freedom it has used. Mr. Snyder advised that PRB i pre-empts City regulation of amateur ratio facilities. Evans Wilson, 22222 - 96th Avenue West, identified himself as the member of the committee who is least friendly to the industry. From his standpoint the proposed regulations are very preliminary. He saw them this morning for the first time in a different form. He thinks it important that we realize these companies are not utilities but are competing businesses. There are seven licensed providers in the area now, and it is unclear as to how many there could be at some point in the future. He is opposed to the siting of any type of tower in multi -family locations. It is his belief that people who live in apartments often times do not have anyone that can speak for them with the same force as people who reside in single-family neighborhoods. He is less concerned with some of the tall towers that might go in on Highway 99. He thinks there should be some type of disclosure statement that the property owner has signed. In his experience, the owners of the property had no idea what they were getting into when they signed a lease with the wireless provider. One owner was losing tenants; the church ended up with an angry Approved City Council Minutes June 6, 1995 Page 8 neighborhood. He thinks sometimes these property owners are sold somewhat of a bill of goods by the wireless providers and are not adequately informed as to the type of opposition that is likely to arise if they do proceed with the lease. In closing, he addressed Councilmember Myers' earlier question. Members of his group, by and large, would not have been notified of the hearings because they are currently in the process of annexing into the city, but his group is in Snohomish County. There would be a sizeable contingent of people there that would not necessarily be aware of these hearings tonight. The public portion of the hearing was closed. Councilmember Hall asked Ms. Goodnow to come forward for questions. He reiterated his previously - stated belief that these services should be treated like cable TV in regard to putting something back into the community that you are coming into to use. He asked if there were any plans for providers for allowing in the lease rate a user fee to give back to the City for all of the profits that will be received from cellular sites in the city. Ms. Goodnow responded that the cellular phone bill received is taxed at a rate of about 17%, and some of that money does flow back into the local jurisdiction. The industry does provide numerous types of volunteer activities within the community, provide grants, and such. If the question is whether they would be willing to share some of the profits with the City, the answer would most likely be no. It is a difficult kind of thing to administer. From the perspective of ATT Wireless, revenue sharing is not something they would entertain. Mr. Snyder advised that the City of Edmonds imposes a business and occupation utilities tax on cellular phone service in the same amount that it does on the regular phone and other utilities services. Councilmember Hall confirmed with Ms. Goodnow that there are not presently any cell sites in the city at this time. The radius on a typical cell site would be one to three miles (from ATT perspective) for coverage. Topographical characteristics must be considered. Councilmember Hall then asked if it would be possible to reach Kingston. Ms. Goodnow indicated she doesn't have the technical information to answer that question. Ms. Goodnow said that there is nothing between the shoreline and Kingston except the waterway. The signal will be transmitted and received in that area, but she was hesitant to answer the question definitively because it depends upon the system design and what frequencies are being used, as well as other things. Councilmember Hall then questioned the market analysis done with this area. Ms. Goodnow indicated they don't do market analyses by cellular site per se; they are done by markets (Seattle metropolitan market). In order to provide additional service for customers who may not have reliable service, as well as additional customers, additional facilities are needed. It was confirmed that the facilities would not be located in areas where there would be a financial loss. Further discussion followed as to how the decision was made to locate in Edmonds. Mr. Snyder suggested that because of the length of Council's agenda and the fact that the only issue before the Council is whether or not to continue the moratorium in order to gather the information that the Council has been requesting, Council may want to address its technical questions to the Staff so that they may be addressed by the committee at future public hearings where the members of the public were present. Council President Petruzzi agreed with Mr. Wilson's comments. He is very disappointed that people in the county area were not notified considering the amount of people that will be effected and, if all goes well, they will soon be citizens of the community. He believes the City owes them contact on this issue. Council President Petruzzi asked further if there would be any limit to the numbers of poles and antennae. He further agreed with Mr. Wilson that he can't see these in multi -family areas. Council President Petruzzi addressed his financial questions to the Sprint Representative Gerald Vmto. Concerning Councilmember Approved City Council Minutes June 6, 1995 Page 9 Hall's questions, Mr. Petruzzi questioned whether there was not a program that would allow quantification of how much money a company will make when they put in various towers or how much profit could be generated by having sites in Edmonds. Mr. Vinto responded that there are programs to determine what kind of profit they can expect from the area that is being covered. There are traffic counts utilized to determine where to put this service. There are ways to predict with some certainty what kind of profit is going to be made for the entire area. There are also roaming charges collected due to people from other communities coming into the area you are now using. As to the exact amount, he has no knowledge of a specific program that will pinpoint how much profit each individual cell -site will provide to the total take. He reminded Council there are many things that can be done for the communities. Examples included towers for the fire stations and police departments which is a direct cost savings for the community. Mayor Hall reminded that this is a hearing on the moratorium and was to set the tone for the hearing and to gather all these factors for hearing at a later time. At the time a bona fide hearing takes place, all interested parties will be contacted by mail. She thanked the guests for appearing. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO CONTINUE THE MORATORIUM ON CELLULAR TOWERS AND ALSO TO HAVE FINDINGS OF FACT BROUGHT BACK FROM THE HEARING, AND TO SEND THIS TO THE PLANNING BOARD. FURTHER, A WORKSHOP IS TO BE SCHEDULED FOR THE CITY COUNCIL WITHIN 45 DAYS SO THAT THE MANY QUESTIONS THAT HAVE BEEN GENERATED CAN BE ADDRESSED BY THE COUNCIL IN ORDER TO MAKE AN INFORMED DECISION. MOTION CARRIED. 5A. EXECUTIVE SESSION ON LEGAL AND REAL ESTATE MATTER oyot. S655J04 At 8:41 p.m. Mayor Hall recessed the Council to an Executive Session on a real estate matter for 15 minutes. The meeting was reconvened at 9:05 p.m. 6. HEARING ON AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT FOR ACQUISITION OF FIRE STATION NO. 10 FROM FIRE DISTRICT 1. E s1Af1�� Current Planning Supervisor Jeff Wilson provided a brief overview of how the City has arrived at where af'/ fend it is now. Utilizing the overhead, Mr. Wilson described the various areas being annexed, or on which A4A►j51 annexations requests have been made. He then turned the discussion over to Fire Chief Michael Springer. Fire Chief Springer used a slide to show a picture of Station 10. He described in detail the location, the facility, and the types of items included in the proposed sale such as personal property, detailed equipment and aid cars. He described this as a turnkey operation in that the only thing needed is to change the signs. At Mayor Hall's request, further detail was provided on the fire and aid equipment. Administrative Services Director Art Housler then took the next portion of the presentation. Mr. Housler in detail covered Attachments 7, 8, 9 and 10, including details concerning the numbers of employees needed. It would cost the City $184,000 less if it acquired the station and annexed all five areas. Council President Petruzzi asked for Mr. Housler to re -show the overhead showing the comparison between buying or not buying and annexing all five areas. There was further discussion for the benefit of the audience. He indicated we have to start looking at it to mitigate the losses to the City of Edmonds as much as possible. In summary, Council President Petruzzi wished to point out that we were not talking about one-time figures, but annual figures. The fact remains that if we do it this way and then turn around and Approved City Council Minutes June 6, 1995 Page 10 are capable of annexing the rest of the Esperance area, we will not only be in the black but will also have a fire station and engines being paid for in addition to being in the black. Some additional history was provided by Mayor Hall going back a couple of years and up to the Boundary Review process. Mayor Hall acknowledged from the audience Larry Hard who is acting as the City's attorney in this instance because of a conflict of interest Mr. Snyder has because of the representation of both groups. Chief Springer introduced from Snohomish County Fire District No. 1 Battalion Chief Jim McGahee, and Fire Marshall Tom Foster. The Edmonds firefighters stood for recognition. Chief Springer said they were present to represent the concurrence and agreement with the proceedings this evening in acquiring Fire Station 10 and the employees and apparatus. Mayor Hall recognized Firefighter Bob Schmidt who had given Council a run-down and did an excellent presentation very quickly. Councilmember Kasper asked Chief Springer to advise local people that this has no bearing on the other needs for another fire station and retrofitting what we have. Regarding the safety issues, two new facilities for the fire department are still an outstanding issue. Acquiring this fire station is not that answer. It will service the south area and the Esperance area, but there are additional needs they will be looking to be met in the future. The public portion of the hearing was opened. City Clerk Sandy Chase advised that the allotted time frame has elapsed. Council consensus extended this hearing for an additional 20 minutes. Darryl Royce, 9332 - 220th Street S.W., lives in the Esperance district. He wished to express support for acquiring the fire station and getting to a vote. Matt Gormley, 24117 - 89th Place West, lives in the Snoline-Forshee area. Having spoken with Evans Wilson, Mr. Gormley also speaks for the Gate -Eaton area on his behalf. He commended the Mayor and Council, Staff, and Fire District No. 1 for the time spent in resolving this issue. He requested Council act favorably on this agreement. Council's positive action can assure the approval of the Boundary Review Board toward the annexation process, and the Snoline-Forshee and Gate -Eaton areas can look forward to a realistic and successful ballot date. Mayor Hall thanked Mr. Gormley for his professionally done organizational work. Bruce Witenberg, 8725 Madronna Lane, Edmonds, was one of the proponents of the Aurora Marketplace annexation and lives about three blocks from the fire station under discussion. He urged the acquisition. He also congratulated all the members of the City government, Staff and the Fire District for entering into these negotiations and bringing them to fruition. He indicated this matter was not a reflection on the professionalism of the Edmonds firefighters. He is proud to be part of Edmonds and will be more proud to see a sign in his neighborhood saying so. The audience portion of the hearing was closed, and the matter was remanded to Council. Councilmember Nordquist asked the City's attorney for confirmation of what must be included in the motion. Larry Hard, LeSourd and Patten, Seattle, explained that what is needed is a resolution of motion to authorize the Mayor to execute the contract before you. Approved City Council Minutes June 6, 1995 Page 11 COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, TO AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT BEFORE COUNCIL CONCERNING THE PURCHASE OF FIRE DISTRICT NO. 1. Councilmember Kasper confirmed the Mayor's support. Councilmember Earling confirmed with Mr. Hard that part of this agreement is regarding any further annexation action within the Esperance area and also to include the Perrinville Annexation, that the District would not in any way contest any actions that we would seek in those areas. Mr. Hard stated that the Fire District has stated in writing that they have withdrawn any objections they might have had to the Perrinville Annexation. There is a lawsuit in existence now. Immediately upon signing this Mr. Hard will take action to have that dismissed. The agreement also provides that they will also withdraw any objections to any other annexation proceedings -- that includes the Gate -Eaton and Snoline-Forshee annexations. The Boundary Review Board will be notified tomorrow at their meeting by the Fire District that they will withdraw any objections to those two pending annexation proceedings they have before them. We have assurances that there will be no further participation by the Fire District in opposition to any proposed annexation within the Esperance area in the future. Councilmember Earling confirmed the lawsuit pending concerns the Aurora Marketplace. MOTION CARRIED. An official signing ceremony followed. Mayor Hall then recognized Sue Kidd, a reporter from the Enterprise, who is leaving for Federal Way via Bellingham. Mayor Hall thanked her and invited her back any time. AEG. 6A. EXECUTIVE SESSION ON LEGAL MATTER 5�55 Council was recessed at 9A4 p.m. by Mayor Hall to Executive Session on a legal matter. The meeting was reconvened at 10:04 p.m. COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER FAHEY, TO EXTEND THE MEETING. MOTION CARRIED. 6B. CITY ATTORNEY SNYDER'S DISCUSSION OF RESOLUTION DECLARING EMERGENCY SSE , SETTLEMENT AGREEMENT, AND PARTY WALL AGREEMENT e� City Attorney Snyder requested Council to add three agenda items: a Resolution Declaring an Emergency gftoOf6 regarding removal of a structure and repair of a common wall, a Settlement Agreement and Release, and a Delzs,rj Reformation of Party Wall Agreement. R14 6 �AA1 Jphi COUNCIL PRESIDENT PETRUZZI MOVED, SECONDED BY COUNCILMEMBER FAHEY, TO AMEND THE AGENDA TO INCLUDE A RESOLUTION OF EMERGENCY REGARDING REMOVAL OF A STRUCTURE AND REPAIR OF A COMMON WALL, A SETTLEMENT AGREEMENT AND RELEASE, AND A REFORMATION OF PARTY WALL AGREEMENT. MOTION CARRIED. Mr. Snyder said that for some time the City had been the owner of the Anderson Marine property and has been embroiled in pursuit of Shoreline Management Permits and litigation with an adjacent property owner. He happily reported there has been substantial agreement reached. The resolution declares an emergency for shoreline management purposes in order to permit work to be done on the adjacent property owner's structure upon removal of the Anderson Marine Building because that building will then be exposed to the Approved City Council Minutes June 6, 1995 Page 12 elements, and it does not have lateral support for wind and other structural purposes. That conclusion is supported by the report of an independent building official borrowed from the City of Everett which will be entered into this record as part of your legislative findings. The settlement agreement provides for payment of a one-time $80,000 payment by the City for repairs to the common wall and the adjacent property owner's structure for damages incurred in the removal of the City building. The party wall agreement is reformed, ending the City's obligation with respect to the wall and providing the adjacent property owner access for maintenance and reconstruction purposes. If the Council approves these items, the City will commence immediate steps to mobilize its contractor to remove the Anderson Marine Building in coordination with the adjacent property owner's reconstruction of the party wall. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCIL PRESIDENT PETRUZZI, TO APPROVE THE RECOMMENDED ACTION. MOTION CARRIED WITH COUNCELMEMBER NORDQUIST ABSENT. Mr. Mar clarified that the money would come from the 125 Fund. It was Council consensus that the motion should include that the money come from the 125 Fund. 6C. CONTINUED DISCUSSION OF INTERLOCAL AGREEMENT BETWEEN THE CITY AND PORT 14 D��c � � Mayor Hall requested permission to enter into the Interlocal Agreement with the Port to kickoff the r Economic Development Project. COUNCILMEMBER FAHEY MOVED, SECONDED BY COUNCIL PRESIDENT PETRUZZI, TO AUTHORIZE MAYOR HALL TO SIGN THE INTERLOCAL AGREEMENT WITH THE PORT AUTHORIZING THE EXPENDITURE OF FUNDS FOR A CONSULTANT TO DO A STRATEGIC PLAN FOR THE ECONOMIC DEVELOPMENT GROUP THAT HAS RECENTLY FORMED. MOTION CARRIED WITH COUNCILMEMBER NORDQUIST ABSENT. 7. UPDATE ON EDMONDS-WOODWAY HIGH SCHOOL SCHEMATIC DESIGN ,Sro0�1� ppWR Community Services Director Paul Mar introduced the subject and thanked Arvilla Ohlde and Jeff Wilson 41go z for being part of the design team. The District has previously presented its Master Plan to Council and tonight will be showing specific design of the school as it has progressed to date. D�ESi6 Mr. Mar introduced Mike Warden, Executive Director of Planning Committee Relations Department of the School District who introduced Brett Carlstad, Project Manager Sherri Hendricks, and Loren McConneghy who was a principle with the architectural firm doing the design for the Edmonds-Woodway project. Mr. Warden indicated the educational program piece is completed. They have used a large community -based effort to design the elements of the programs for three of the projects -- Edmonds- Woodway, Meadowdale, and Seaview Elementary. He expressed appreciation for Ms. Ohlde's and Mr. Wilson's efforts. Mr. Warden further advised there were four elements brought to the District as being critical elements they wanted the District to consider in the design of the schools. He feels they are on the verge of designing something very unique that will become almost world -class. These designs will sustain education well into the 21 st Century. Education reform was the first item considered, followed by technological capability, partnerships with the community, and the need for the schools to be flexible, adaptable and sustainable with a life of some 50 years. Approved City Council Minutes June 6, 1995 Page 13 Loren McConneghy recognized the fluidity and interchange of this process between the involved parties. He discussed site planning issues and building organizational aspects. Part of the idea of the whole school was to preserve major areas of the fields and existing parking where possible. They have tried to develop a learning village and welcome to the community. Question topics included: parking size, location and enforcement; clarification of the 250 seat theater and its location; the 212th Street entrance; location of science and home economics areas; various aspects of the baseball field; how much is in the budget ($28.4 million); clarification of the tower; the Great Hall and its various acoustical and technical criteria; security needs; Viet Nam Veterans' Memorial (it was confirmed the old one was preserved). There were numerous compliments to the District on the scope and presentation of their plan. Ms. Ohlde also recognized that over 40 citizens have done wonderful things for the school. Student Representative Shen left the meeting. .8. UPDATE BY COMMUNITY SERVICES DIRECTOR PAUL MAR REGARDING L TRANSPORTATION ISSUES AND FUNDING FOR THE MULTIMODAL PROJECT m10PtEGf Community Services Director Paul Mar recapped what had transpired since his last time before Council. P� The train has resumed its stop in Edmonds and fence responsibility has been established. He advised that everything is in place. Once the fences are constructed, the City will maintain the fences. That will come back to Council after the fences are installed, probably this Fall. In about the next 10 days BN will have a Shoreline Permit Application in to the City. Discussion followed concerning train speeds, the appropriate time for the City to again consider filing an action, codes needed in regard to fencing, whether the railroad had been able to meet its. four-hour goal. from Vancouver to Seattle, the desire for a hearing to reaffirm the four "no" votes and also the secondary improvements to be put on the dock (June 20). Councilmember Kasper said it should be left open if it shows in the minutes the reasons for the additional hearing. Councilmember Fahey thanked Mr. Mar for the effort put into this project which is of paramount importance to the business community. 9. UPDATE ON EDMONDS FINANCIAL CENTER ACQUISITION PROCESS 4�A L �0400 �gp Community Services Director Paul Mar called Council attention to the Agenda Memo which contains the �0 6ifio''' weekly reports. It is his understanding the contingencies have been cleared, and he noted the upcoming A6610 actions shown on the Extended Agenda that will need to be completed before the matter is finalized. Councilmember Petruzzi questioned the ADA requirements. He wishes to continue to look at exactly what it is that the City is required to do. Mr. Petruzzi discussed information he had obtained from an outside (a Washington Mutual) source. The Mayor advised that the administration will be dealing with that issue now. Mr. Petruzzi did not wish to be remiss by not mentioning it. Councilmember Hall voiced his caveat regarding use of Washington Mutual consultants in dealing with this issue. Additional discussion followed as to the specific concerns. Approved City Council Minutes June 6, 1995 Page 14 Mayor Hall interjected that Personnel Manager Brent Hunter is very much in tune with the ADA requirements. 10. MAYOR Mayor Hall reported correspondence had been received from a proponent of the pool issue. She also checked on Council receipt of the Edmonds merchant paper. She likes the energy. She said that Rhonda March's retirement party was well attended by people covering a broad spectrum of years. Rhonda had been most appreciative and overcome. Mayor Hall thanked everyone for attending. She further reported that the Citizen's Academy met last night for graduation. She advised that people are most complimentary. She asked if Council had received invitations for an Evening with Volunteers which will recognize volunteers and their activities. Mayor Hall further relayed thanks from the Edmonds Rotary Club for participation and the "running of the balls". 11. COUNCIL All Council members passed due to the late hour. The public being advised there was no further business to come before the Council, the meeting was adjourned at 11:08 p.m. Approved City Council Minutes June 6, 1995 Page 15 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 -10:00 a.m. JUNE 6, 1995 SPECIAL MEETING 6:45 P.M. - INTERVIEW OF CANDIDATE FOR PLANNING BOARD CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. APPROVAL OF AGENDA 2. (10 Min.) CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF MINUTES OF MAY 30, 1995 (C) APPROVAL OF CLAIM WARRANTS #950225 T.HRU #952804 FOR THE WEEK OF MAY 29, 1995 IN THE AMOUNT OF $203,592.34 (D) REPORT ON BIDS OPENED MAY 15, 1995, FOR THE PURCHASE OF HAND TOOLS AND TOOL BOXES AND AWARD HAND TOOL BID TO SNAP -ON TOOLS CORP. ($11,878.61), AND AWARD OF TOOL BOX BID TO SEARS INDUSTRIAL SALES, INC. ($4,484.35) (E) REPORT ON BIDS OPENED MAY 16, 1995, FOR THE 1995 PUBLIC WORKS FUEL TANK REMOVAL PROJECT AND AWARD OF CONTRACT TO. STEMEN ENVIRONMENTAL INC. ($10,928.20, INCLUDING SALES TAX) (F) REPORT ON BIDS OPENED MAY 22, 1995, FOR A MICROFILM READER/PRINTER AND AWARD OF BID TO BELL & HOWELL IN THE AMOUNT OF $7,028, INCLUDING SALES TAX AND MAINTENANCE AGREEMENT (G) AUTHORIZATION TO CALL FOR BIDS TO PURCHASE A BACKHOE LOADER AND SELL CURRENT UNIT #53 TO CEMETERY FOR $12,000 (H) AUTHORIZATION TO CALL FOR BIDS FOR THE 1995 STREET SURFACE TREATMENT PROGRAM (1) PROPOSED ORDINANCE AMENDING PENALTY PROVISIONS FOR FIREWORKS ORDINANCE (J) PROPOSED EMERGENCY ORDINANCE ADOPTING AN EXTENSION TO THE EDMONDS INTERIM CRITICAL AREAS ORDINANCE, CHAPTER 20.15(B) OF THE EDMONDS CITY CODE, FOR AN ADDITIONAL SIX MONTHS TO DECEMBER 13, 1995, AND ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF THE EXTENSION (K) CONFIRMATION OF APPOINTMENT TO PLANNING BOARD 3. AUDIENCE (3 minute limit per person) 4. (10 Min.) PRESENTATION OF EDMONDS ARTS COMMISSION LITERARY AND PERFORMING ARTS SCHOLARSHIP WINNERS 5. (60 Min.) HEARING ON MORATORIUM ON CELLULAR TOWERS AND REPORT OF AD HOC ADVISORY COMMISSION -Continued- EDMONDS CITY COUNCIL MEETING AGENDA JUNE 6, 1995 PAGE 2 6. (30 Min.) HEARING ON AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT FOR ACQUISITION OF FIRE STATION NO. 10 FROM FIRE DISTRICT 1 7. (30 Min.) UPDATE ON EDMONDS-WOODWAY HIGH SCHOOL SCHEMATIC DESIGN 8. (10 Min.) UPDATE BY COMMUNITY SERVICES DIRECTOR PAUL MAR REGARDING TRANSPORTATION ISSUES AND FUNDING FOR THE MULTIMODAL PROJECT 9. (5 Min.) UPDATE ON EDMONDS FINANCIAL CENTER ACQUISITION PROCESS 10. (5 Min.) MAYOR 11. (15 Min.) COUNCIL Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at 771-0245 with 24 hours 9dvance notice for special accommodations. The Council Agenda appears on Chambers Cable, Channel 32. Delayed telecast of this Meeting appears the following Wednesday evening at 7.00 p.m. on Channel 36, and the following Friday and Monday at noon on Channel 32.