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
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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
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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
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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.