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02/17/2004 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES February 17, 2004 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Michael Plunkett, Council President Jeff Wilson, Councilmember Peggy Pritchard Olson, Councilmember Dave Orvis, Councilmember ELECTED OFFICIALS ABSENT Mauri Moore, Councilmember Richard Marin, Councilmember Deanna Dawson, Councilmember ALSO PRESENT David Dwyer, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Tom Tomberg, Fire Chief David Stern, Chief of Police Dan Clements, Administrative Services Director Brent Hunter, Human Resources Director Rob Chave, Planning Manager Steve Bullock, Senior Planner Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCIL PRESIDENT PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF THE AGENDA. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS Mayor Haakenson stated that Councilmember Wilson requested Item F (Final Approval of a 22 Lot Plat / PRD on Main Street Just West of Five Corners. The Project will be Recorded as Madrona Cove. Applicant: Phoenix Development / File Nos. PRD-2002-171 and P-2002-172) be removed from the Consent Agenda as he was absent from the meeting when the matter was discussed. As approval of an ordinance required the affirmative vote of at least four Councilmembers, the item would be rescheduled for the February 24 agenda. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM F. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF FEBRUARY 3, 2004. (C) APPROVAL OF CLAIM CHECKS #68697 THROUGH #68874 FOR THE WEEK OF FEBRUARY 2, 2004, IN THE AMOUNT OF $262,343.94. APPROVAL OF CLAIM CHECKS #68875 THROUGH #69022 FOR THE WEEK OF FEBRUARY 9, 2004, IN THE AMOUNT OF $196,790.99. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #37552 THROUGH #37636 FOR THE PERIOD JANUARY 16 THROUGH JANUARY 31, 2004, IN THE AMOUNT OF $812,035.99. Edmonds City Council Approved Minutes February 17, 2004 Page 1 (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM LISA FREERKS ($100.00). (E) APPROVAL OF LIST OF EDMONDS BUSINESSES APPLYING FOR RENEWAL OF THEIR LIQUOR LICENSES WITH THE WASHINGTON STATE LIQUOR CONTROL BOARD. (G) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT RELATING TO THE TRANSFER OF THE 1938 FORD FIRE ENGINE. (H) AUTHORIZATION TO PURCHASE 2004 HARLEY-DAVIDSON MOTORCYCLE. (I) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT WITH CITY OF LYNNWOOD FOR A SHARED DOMESTIC VIOLENCE COORDINATOR. (J) DECLARING EIGHT PERSONAL COMPUTERS SURPLUS AND TRANSFERRING THEM TO THE EMERGENCY SERVICES COORDINATING AGENCY (ESCA). City Attorney Scott Snyder explained the Council received a Motion to Reconsider from one of the appellants in ADB-03-56 and AP-03-142 (a new mixed use building at 215 Fifth Avenue North). He explained such motions required a two part response; staff would provide the information to the Council at the next meeting; any member who voted in favor of the project may move to reconsider the matter. If the motion for reconsideration is approved, the parties would be notified and the Council would deliberate at their next meeting. For clarification, Mr. Snyder explained Council procedures require a Motion to Reconsider be initiated by a member of the prevailing side. 3. INTRODUCTION OF NEW MEMBERS OF THE CITIZENS COMMISSION ON SALARIES OF ELECTED OFFICIALS Council President Plunkett advised that one of the Council appointments to the Citizens Commission on Salaries of Elected Officials, Jay Grant, was made previously by former Council President Earling. Human Resources Director Brent Hunter explained the Citizens Commission on Salaries of Elected Officials reviewed the salaries of the City Council and Mayor every other year and recommended appropriate salary levels to attract and retain qualified people for public office. He explained one member of the seven member board was appointed by the Mayor, two were appointed by the Council, and four were appointed by the Commission members. He explained over the next two months, the Commission would be reviewing the salaries of elected officials including gathering input from citizens, holding public hearings and providing a recommendation to the Council in early May. If the Council wished to act on. the Commission's recommendation, adoption of an ordinance would be required to enact any change. Mr. Hunter introduced the current Chair of the Commission, Bill Brougher. He introduced Donn. Wells, the Mayor's appointment to the Commission, and described his experience as a Human Resources Director for the University of Washington, a legislative lobbyist, and previous service on the Civil Service Committee and the Snohomish County Commission on Salaries of Elected Officials. Mr. Hunter introduced Jay Grant, previously appointed by former Council President Earling, and described his background as a congressional lobbyist with considerable experience in insurance and legislative issues, and who was the past president of the State and National Associations of Underwriters. Mr. Hunter then introduced Tony Baron, a Commission appointment, a retired military commander and retired major account executive. He introduced Janice Flaagan, a Commission appointment, who has considerable Human Resource experience, currently serving as a Senior Personnel Specialist for the Edmonds City Council Approved Minutes February 17, 2004 Page 2 Seattle Municipal Court. Mr. Hunter noted that John Jordan, a Commission appointment, a CPA and the comptroller for Christian Ministries, was unable to attend tonight's meeting. Mayor Haakenson thanked the members for volunteering to serve on the Commission on Salaries of Elected Officials. 4. PUBLIC HEARING ON REGULATIONS CONCERNING AMATEUR RADIO ANTENNAS. THE PROPOSAL WOULD REVISE CHAPTER 16.20 ECDC TO CLARIFY HOW AMATEUR RADIO ANTENNAS ARE REGULATED AND SET STANDARDS AND THRESHOLDS FOR THEIR REVIEW AND PERMITTING. (FILE NO. CDC-03-4) Council President Plunkett explained this was a public hearing; the Council would take public testimony and discuss the matter and direct the City Attorney to draft an ordinance for future Council action. Planning Manager Rob Chave recalled the Council previously held a work session on this matter, a recommendation of the Planning Board to amend the City's regulations regarding amateur radio antennas. He explained the regulations had been in place for a number of years and technology had changed since they were adopted. Further, the Federal Communications Commission (FCC) issued a ruling that made the City's current regulations inconsistent with what the City could regulate. Specifically, the City required a Conditional Use Process fee which would exceed the cost of an antenna and under the FCC ruling, it appeared that fee was potentially prohibitive to allowing a citizen to exercise the rights granted via their FCC license. Mr. Chave explained the FCC granted a license to an individual, not for a particular type of antenna, but to engage in amateur radio; amateur radio antennas were a device used by those individuals to exercise their rights granted via the FCC license. The City could only exercise limited regulatory authority and could not create a situation in which the licensee was unable to exercise their rights such as fees that were too high. Mr. Chave explained the Planning Board developed a two -tiered process that would permit outright antennas that were under a certain height and if that threshold was exceeded, a staff review, staff decision, and public notice to neighbors within 300 feet would be required. He explained notice to neighbors would inform them an antenna would be installed and provide them the opportunity to initiate discussion with the applicant. If the applicant and neighbors could not reach an amicable agreement, the issue could be referred to the Hearing Examiner. The Hearing Examiner could not deny the applicant the ability to exercise their rights under the FCC license but may, via the negotiation process, assist the applicant and neighbor in resolving concerns regarding the facility. Mr. Chave pointed out in addition to amending the Code, the Council would need to establish appropriate fees for the Conditional Use Permit and Hearing Examiner; the Planning Board did not provide a recommendation with regard to fees. He explained fees for a Conditional Use Permit were approximately $500 which likely constituted an excessive fee under the FCC ruling. The Hearing Examiner fee was approximately $1200, also likely excessive under the FCC ruling. Mr. Chave displayed a diagram illustrating antenna heights that would be permitted outright, 1) a mast antenna 12 feet above the 25 foot height limit in a single family residential zone, 2) a 25-foot ground - mounted antenna, and 3) an antenna on accessory structures that did not exceed the 25 foot height limit. He explained an antenna under these limits would not require a permit. The maximum height limit of an antenna when extended during use was 65 feet. Antennas above these height limits would require administrative review and potentially Hearing Examiner negotiation if necessary. He noted the applicant, if the City's regulations would not allow them to exercise their rights under the license granted by the Edmonds City Council Approved Minutes February 17, 2004 Page 3 FCC, could also utilize the Hearing Examiner process to explain how the City's regulations did not allow them to exercise their rights due to a technological impracticality, etc. City Attorney Scott Snyder recalled at the last meeting a question was raised regarding the 12-foot height limit and whether that encouraged that structure rather than other structures. His response at the time was the 12 foot limit was due in recognition of existing television antennas, however, an individual involved in this issue, Mr. Waldburger, pointed out the FCC regulations created a safe harbor for 12-foot high mast devices atop a primary residence. Further, FCC guidance provides that cities may have permit regulations when masts exceeded 1.2 feet above a residence. Mayor Haakenson opened the public participation portion of the public hearing. He advised the Council received a memo from Lynne Gross, Director of the Emergency Services Coordinating Agency in. Snohomish County, stressing the importance of the Edmonds Amateur Radio Organization. The Council also received a letter from John Waldburger, who was unable to attend tonight's meeting, in support of the proposed Code revision. Robert Preston, 809 Carey Road, Edmonds, explained amateur radio operators provided a public service and served to enhance communication of emergency service for Police and Fire Departments as well as relief efforts of the Red Cross and Salvation Army. The Emergency Services Coordinating Agency (ESCA) utilized Radio Amateur Civil Emergency Service (RACES) operators (22 of 57 whom lived in Edmonds) to assist during emergencies. He noted operators volunteered their time and equipment and were not compensated for their efforts, therefore, the fee to establish an amateur radio antenna should not be a burden on the operator. He referred to the outright permitted antenna 12 feet above a 25-foot tall residence with a maximum height of 37 feet and inquired about the height limit for a one-story residence. He recommended an antenna up to 65 feet be a staff decision and not be limited to telescoping antennas. Dan White, 9119 206th Place SW, Edmonds, noted amateur radio operators expended considerable sums on radios and associated equipment. As volunteers for ESCA RACES, members assisted the City in emergencies. He noted the cost to construct an antenna on his lot would be $1,500 - $3,000 and he would appreciate a low cost permit. He suggested a no cost permit for ESCA RACES members. Bonnie Nord, 24025 79t" Place W, Edmonds, expressed her support for a waiver of permit fees for antennas for active, registered emergency services ham radio operators. These volunteers supported hospitals, Red Cross, police, fire and government in communication emergencies. She noted substantial fees would make it difficult to recruit volunteers in a large scale emergency, and suggested a one-time fee of $100 fora family. She commented on the learning experience her son receives as a ham operator. Sylvia Hochman, 300 2"d Avenue N #2A, Edmonds, commented she belonged to the group interested in John Waldburger's amateur radio antenna as it is directly opposite their condominium and would potentially impact their views. She noted the Code did not address multiple roof -mounted antennas. She referred to Mr. Snyder's August 27, 2003 memorandum regarding FCC regulations which indicated while local authorities must reasonably accommodate amateur radio communications, the amateur radio operator did not have an absolute right to install the antenna of their choice but local authorities should engage in an interactive process to negotiate placement to reasonably accommodate amateur communications and protect the health, safety and aesthetics considerations. She requested an opportunity to provide further written comment. Mr. Snyder advised that if the Council chose to allow further public comment, they could extend the public hearing rather than closing it. He explained State Statute required a majority vote of the total number of members to approve an ordinance which would require the four Councilmembers present to Edmonds City Council Approved Minutes February 17, 2004 Page 4 vote in the affirmative. He suggested the Council also may want to allow the absent Councilmembers an opportunity to participate in this decision. Lee Tyson, 20832 88t" Place W, Edmonds, referred to a letter he submitted to the Council prior to the work session regarding this issue. Mayor Haakenson advised his letter was part of the record. Mr. Tyson commented although he understood the concerns of those with views, in a crisis, people with views would also be anxious to receive emergency services. He suggested the Council consider whether views should preclude the satisfactory operation of an amateur radio station that supported emergency services. He recalled comments during the work session that inferred the laws were outdated because they were enacted in the 1930's and assured the laws of physics had not changed since 1930. He supported establishing a reasonable fee for amateur radio antennas. Mr. Snyder referred to suggestions made in Mr. Preston's letter , advising the changes he suggested were easily incorporated in the ordinance. With regard to comments made by Ms. Hochman, specifically the potential proliferation of antennas, Mr. Snyder advised the ordinance addressed that issue by permitting neighbors to initiate an interactive process via the Hearing Examiner if they believed there were less burdensome ways to achieve full use of the operator's license. With regard to aesthetics, federal case laws on aesthetics, particularly the FCC direction, appeared to allow the City to regulate or prohibit antennas in historic districts. He noted the City had a Historic Register and if someday a Historic District was established, the City could limit amateur radio antennas in the district. Council President Plunkett commented there could be a desire/need by an amateur radio operator for more than one antenna. Mr. Chave answered that was his understanding, agreeing some operators utilized more than one antenna. He explained the ordinance did not prohibit more than one antenna and included a process to address concerns that may arise. Council President Plunkett noted that because this was a legislative versus a quasi judicial matter, the public could talk with Councilmembers outside the public hearing. Mr. Snyder answered members of the public could contact Councilmembers with regard to this issue, although if they wanted their comments in the record, they should be submitted to the City Clerk to allow all Councilmembers to receive their comments. Councilmember Wilson referred to the suggestion to waive fees for certain users such as those involved with ESCA and asked if that was possible. Mr. Snyder answered the Council would need to establish a rational basis for establishing that type of fee. He noted there was likely a method for establishing a graduated fee structure. Councilmember Wilson inquired whether there was a limitation on the number of antennas on one site. Mr. Chave answered there was no limitation in the ordinance at this time. Mr. Snyder noted there was also no limitation on the number of dishes, television antennas, air conditioning units, vents, or other such structures. Councilmember Wilson referred to the comment regarding a 12 foot antenna on a one story house versus a 12 foot high antenna on a 25 foot house. Mr. Snyder answered the 12 feet above the roofline was the safe harbor established by the FCC. He pointed out the difference in scale between a 25 foot tower on a 12 foot house and a 12 foot tower on a 25 foot house. He noted the ordinance could be revised to a 37 foot overall height limit. Councilmember Wilson inquired whether a 12-foot tall antenna would be allowed on a structure that was non -conforming with regard to height. Mr. Snyder answered an antenna 12 feet above the height of the zone would be allowed. Councilmember Wilson questioned whether this was counter to the FCC's safe Edmonds City Council Approved Minutes February 17, 2004 Page 5 harbor provisions of 12 feet above the roofline of the structure. Mr. Chave recalled the ordinance stated 12 feet if mounted on the principle structure and did not address non -conformity of the structure. The regulations with regard to an accessory structure addressed the height limit of accessory structures in the zone and allowed antennas only to the overall height limit of the zone. Therefore an antenna mounted on a non -conforming accessory structure would be limited to a 25 foot height limit. He noted there were no provisions in the ordinance for non -conforming structures, potentially allowing a 12-foot antenna on a structure that was over the height limit. Councilmember Wilson observed the ordinance did not address the number of antennas that could be constructed in a neighborhood or their proximity to one another. Mr. Chave responded that presumably the FCC would consider that when granting a license. Councilmember Wilson noted if the FCC granted a license to an individual, they may not consider the location. Mr. Snyder agreed. Councilmember Orvis inquired when a telescoping tower was required. Mr. Snyder stated if an operator wanted to utilize the distance between 37 feet and 65 feet, a telescoping tower would be required. Mayor Haakenson remanded the matter to Council for further direction regarding extending the public hearing. Council President Plunkett suggested Mr. Snyder utilize the information provided to prepare a final version of an ordinance for public hearing and possible Council action, noting this would allow the absent Councilmembers an opportunity to hear public comment. Councilmember Wilson suggested the revised ordinance include a provision with regard to height of antennas on non -conforming structures and establishing a 37 foot height limit on a non -conforming structure. He noted it may be problematic to waive fees for members of certain organizations due to the difficulty in ensuring they remained members of the organization. He suggested a reasonable fee structure be established that would not inhibit operators' ability to exercise the rights granted via the FCC license but would also cover some of the City's administrative costs. Although he preferred a more proactive process for citizens, he understood that FCC regulations limited the City's ability to regulate amateur radio antennas. He agreed with keeping the public hearing open to allow the absent Councilmembers to participate in the discussion and allow additional public testimony. COUNCIL PRESIDENT PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO KEEP THE PUBLIC HEARING OPEN AND RECONVENE DISCUSSION ON MARCH 2, 2004. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Mike Steer, Vice President, Edmonds Police Officers Association, read a letter to the Council, Mayor and citizens on behalf of the Edmonds Police Officers Association members describing why they were actively involved in the levy lid lift process, Proposition 1, in the November 2003 election. The letter cited substantial reductions in Police Department personnel, equipment and resources in 2003 including two full-time and one part-time positions, noting their responsibilities were absorbed by the remaining workforce. The Police Department hoped the various issues that lead to the financial situation the City was experiencing would stabilize during 2003 but the levy lid lift was prepared to be presented to the voters. As data presented to the Police Officers Association membership indicated elimination of six full- time and ten part-time positions as a worse case scenario for 2004, the Association believed it was in the City's and their best interest to actively support any effort to affect the end result to retain resources to provide the quality and level of service citizens enjoyed. The letter described how the Association partnered with the Edmonds Fire Department as well as the Edmonds Citizens for Public Safety Edmonds City Council Approved Minutes February 17, 2004 Page 6 Committee, both via numerous volunteer hours and funding from the three entities in excess of $12,000. He noted following this effort, information was provided by administration that funding was not as bleak as previously believed and no cuts in personnel were experienced. He noted if provided the same information today regarding reductions in staffing and resources that was provided at the start of the process, it was hoped that the loyalty and support exerted would be repeated. The Association expressed their thanks for all who supported their efforts. Stephen Bernheim, 216 4tn Avenue N, Edmonds, was next to address the Council. City Attorney Scott Snyder inquired whether Mr. Bernheim's comments were in regard to his Motion for Reconsideration. Mr. Bernheim answered it was related tangentially. Mr. Snyder advised if his intent was to discuss a matter currently before the Council on which the hearing had been closed and with regard to which a Motion to Reconsider had been filed, he would ask Mayor Haakenson to rule him out of order. Mr. Bernheim referred to minutes from 1997 that he became aware of following the decision the Council made at their last meeting with regard to a 30 foot building. Mayor Haakenson interrupted Mr. Bernheim, stating the minutes were not part of the closed record hearing record. Mr. Snyder explained his intent was not to stifle Mr. Bernheim's comments, noting he had filed a Motion to Reconsider that would be considered at the next Council meeting. He reiterated tonight's meeting had not been advertised as a continuation of the process, the applicant and other neighbors were not present and any comment would be outside the record. He explained the Appearance of Fairness Doctrine prohibited communications regarding a matter outside the record of the proceeding. Mr. Bernheim questioned the restriction on a citizen's right to comment to the Council during Audience Comments. He continued his comment regarding the 1997 minutes and was again interrupted by Mayor Haakenson who explained the Council would take Mr. Bernheim's Motion to Reconsider under advisement and if the Council made a decision to reconsider the matter, he would be asked to provide further comment. Mr. Bernheim stated he was shocked that it had reached this point and appreciated the Council's consideration of his Motion to Reconsider. Mr. Snyder explained this was not a limitation placed on citizens by the City Council. The Regulatory Reform Act passed by the State Legislature required that only one open record hearing and one closed record hearing be held on any subject. The Appearance of Fairness Doctrine prohibited the Council from considering any evidence in a quasi judicial matter unless it was entered into the record of the proceeding and the record of the proceeding was limited to appropriately noticed public hearings held on the record. He explained the Legislature's intent with the Regulatory Reform Act was to rectify endless permit processes to which the Master Builders Association and other influential state lobbyists objected. He noted some now feel the pendulum had swung too far the other direction and was a subject the Council and citizens may want to urge the Association of Washington Cities to make a legislative priority. Roger Hertrich, 1020 Puget Drive, Edmonds, provided his impression of the previous speaker's comments, noting Mr. Bernheim was attempting to educate the Council with regard to past actions. He urged the Council to consider whether all the information was provided when making their decision on Mr. Bernheim's Motion to Reconsider. He referred to Consent Agenda Item F, final approval of a PRD. Mr. Snyder cautioned Mr. Hertrich not to refer to any matter related to his pending appeal. Mayor Haakenson noted the Council had not completed the decision as the matter was removed from the Consent Calendar awaiting decision. Mr. Hertrich pointed out that the packet materials regarding Consent Agenda Item F, both the Hearing Examiner public hearing and the City Council closed record hearing, did not include any reference to height. He referred to a decision made after the Hearing Examiner and Council's approval. Mr. Snyder interrupted Mr. Hertrich, stating his comment was not appropriate. Mr. Hertrich summarized the issue before the Council was much larger and final approval may not be on what the Council originally approved. Edmonds City Council Approved Minutes February 17, 2004 Page 7 6. PROPOSED ORDINANCE REPEALING EDMONDS CITY CODE CHAPTER 1.14 PUBLIC OFFICIAL DISCLOSURE — PROHIBITED INTEREST, AND AMENDING CHAPTER 1.20 COPIES, CERTIFICATIONS AND TRANSCRIPTIONS OF PUBLIC RECORDS TO ADD A NEW SECTION 1.20.080 RELATING TO THE FILING OF PUBLIC DISCLOSURE FORMS. Administrative Services Director Dan Clements explained for a number of years, the City has required locally elected officials to file duplicate public disclosure reporting forms with the City Clerk, the same information filed with the State of Washington. He noted the information was available online at the Washington State Public Disclosure Commission; the proposed ordinance would eliminate the duplicate filing requirements and the efforts associated with storing documents, sending reminder notices, etc. Mr. Clements noted another section was being revised that eliminated redundant conflict of interest provisions by repealing Chapter 1.14 requirements. He noted this was a housekeeping requirement to align the City's statutes with State statutes. City Attorney Scott Snyder explained that since the City enacted these provisions, the State Legislature enacted RCW 42.23, a Code of Ethics for Municipal Officers that was virtually the same as the provisions in the City Code. He noted this provided for a redundancy of City provisions and would address the issue of the City administration policing the City Council. He noted a citizen could request the Public Disclosure Commission and the Prosecuting Attorney enforce provisions and could bring their own action if they did not agree with the answer provided by the Public Disclosure Commission or Prosecuting Attorney. Mr. Clements noted to ensure citizens had access to information, for those who did not have access to a computer, the ordinance provided for free computer access on the first floor of City Hall and/or printing of a paper copy free of charge. Councilmember Wilson asked whether the elimination of Chapter 1.14 retained the requirement that Councilmembers provide public disclosure of campaign contributions over $250 from any party related to a quasi judicial matter. Mr. Snyder answered the requirement was eliminated and instead provided that copies could be made available. Councilmember Wilson clarified citizens would be required to review the records rather than Councilmembers making disclosures with regard to contributions. Mr. Snyder agreed, noting the State statute that defined conflicts of interest and Appearance of Fairness Doctrine violations states that a campaign contribution provided to the Public Disclosure Commission and statements made by the candidate in the election process were not subject to the Appearance of Fairness Doctrine. Therefore they were not technically violations of the statute and would not need to be revealed according to State law. Mayor Haakenson pointed out if the four Councilmembers present voted unanimously to approve the ordinance it would be approved, if any were opposed, there would not be sufficient votes for approval and the ordinance would need to be rescheduled for another agenda. COUNCILMEMBER WIL,SON MOVED, SECONDED BY COUNCIL PRESIDENT PLUNKETT, TO CONTINUE THE MATTER TO A FEBRUARY 24 WORKSHOP TO ALLOW DISCUSSION OF THE POLICY IMPLICATIONS OF THE CHANGES. MOTION CARRIED UNANIMOUSLY. 7. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF FEBRUARY 10 2004 Community Services/Development Services Councilmember Wilson reported the Committee continued their discussion of the design guidelines and requested feedback from the Architectural. Design Board and Planning Board for consideration by the Committee at their March meeting. The Committee also directed the City Attorney to prepare an interim ordinance addressing the issue regarding roof modulation which would insert "building and roof' into the Edmonds City Council Approved Minutes February 17, 2004 Page 8 appropriate section of the Edmonds Community Development Code for consideration by the full Council on February 24. Next, staff updated the Committee on the status of the parking study to familiarize Councilmember Moore with the study as well as address additional questions. The Planning Board has scheduled a public hearing in March and the Committee plans to hold a special meeting to consider the Planning Board's recommendation prior to forwarding it to the full Council for consideration. City Attorney Scott Snyder advised the interim ordinance provides for the setting of a public hearing following adoption of the interim ordinance. He noted this exception applied only to moratoriums and interim ordinances which had only a limited effective period. Finance Committee Councilmember Orvis reported the Committee discussed updating the public disclosure requirements and surplusing personal computers to ESCA, items the Council addressed previously on the agenda. Staff also provided the Committee an update on the status of negations with Olympic View Water District. Public Safety Committee Councilmember Olson reported the Committee discussed authorization to purchase a 2004 Harley- Davidson motorcycle, authorization for the Mayor to sign an Interloeal Agreement with the City of Lynnwood for a shared Domestic Violence Coordinator, and accepting title to the 1938 Ford fire engine which were all approved on the Consent Agenda. 8. MAYOR'S COMMENTS Mayor Haakenson explained the character generator for Channel 21, which created the information displayed on Channel 21 with the exception of the City Council meeting videos, was broken and is being repaired. While the equipment is being repaired, Channel 21 will continue displaying the Council meeting video. Mayor Haakenson advised Human Resources Director Brent Hunter was retiring effective February 27. Mayor Haakenson announced last week he received and today he accepted Parks & Recreation Director Arvilla Ohlde's notice of retirement effective March 31. 9. COUNCIL COMMENTS Councilmember Orvis reported the Port reaffirmed a resolution similar to the ordinance reaffirmed by the Council supporting legislation that would prohibit King County from condemning land outside its borders. Councilmember Wilson commented Parks & Recreation Director Arvilla Ohlde was a very valuable asset to the community and would be missed. With no further business, the Council meeting was adjourned at 8:25 p.m. Edmonds City Council Approved Minutes February 17, 2004 Page 9 appropriate section of the Edmonds Community Development Code for consideration by the full Council on February 24. Next, staff updated the Committee on the status of the parking study to familiarize Councilmember Moore with the study as well as address additional questions. The Planning Board has scheduled a public hearing in March and the Committee plans to hold a special meeting to consider the Planning Board's recommendation prior to forwarding it to the full Council for consideration. City Attorney Scott Snyder advised the interim ordinance provides for the setting of a public hearing following adoption of the interim ordinance. He noted this exception applied only to moratoriums and interim ordinances which had only a limited effective period. finance IFinance Committee Committee Councilmember Orvis reported the Committee discussed updating the public disclosure requirements and surplusing personal computers to ESCA, items the Council addressed previously on the agenda. Staff also provided the Committee an update on the status of negations with Olympic View Water District. Public Safety Committee ublic Safety Councilmember Olson reported the Committee discussed authorization to purchase a 2004 Harley- Davidson motorcycle, authorization for the Mayor to sign an Interlocal Agreement with the City of Lynnwood for a shared Domestic Violence Coordinator, and accepting title to the 1938 Ford fire engine which were all approved on the Consent Agenda. 8. MAYOR'S COMMENTS Governmen Mayor Haakenson explained the character generator for Channel 21, which created the information cress displayed on Channel 21 with the exception of the City Council meeting videos, was broken and is being hannel2l repaired. While the equipment is being repaired, Channel 21 will continue displaying the Council meeting video. Employee I Mayor Haakenson advised Human Resources Director Brent Hunter was retiring effective February 27. Retirements Mayor Haakenson announced last week he received and today he accepted Parks & Recreation Director Arvilla Ohlde'.s notice of retirement effective March 31. 9. COUNCIL COMMENTS ortof I Councilmember Orvis reported the Port reaffirmed a resolution similar to the ordinance reaffirmed by the Edmonds Council supporting legislation that would prohibit King County from condemning land outside its borders. Councilmember Wilson commented Parks & Recreation Director Arvilla Ohlde was a very valuable asset to the community and would be missed. With no further business, the Council meeting was adjourned at 8:25 p.m. G4&Y ENSON, MAYOR .Z,� W . &,ae, SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes February 17, 2004 Page 9 AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5th Avenue North 7:00 - 10:00 p.m. FEBRUARY 17, 2004 7:00 o.m. - Call to Order Flag Salute 1. Approval of Agenda 2. Consent Agenda Items (A) Roll Call (B) Approval of City Council Meeting Minutes of February 3, 2004. (C) Approval of claim checks #68697 through #68874 for the week of February 2, 2004, in the amount of $262,343.94. Approval of claim checks #68875 through #69022 for the week of February 9, 2004, in the amount of $196,790.99. Approval of payroll direct deposits and checks #37552 through #37636 for the pay period January 16 through January 31, 2004, in the amount of $812,035.99. (D) Acknowledge receipt of Claim for Damages from Lisa Freerks ($100.00). (E) Approval of list of Edmonds businesses applying for renewal of their Liquor Licenses with the Washington State Liquor Control Board. (F) Final approval of a 22 lot Plat / PRD on Main Street just west of Five Corners. The project will be recorded as Madrona Cove. (Applicant: Phoenix Development / File Nos. PRD-2002-171 and P-2002-172) (G) Authorization for Mayor to sign the Agreement relating to the Transfer of the 1938 Ford Fire Engine. (H) Authorization to purchase 2004 Harley-Davidson motorcycle. (1) Authorization for Mayor to sign Interlocal Agreement with City of Lynnwood for a shared Domestic Violence Coordinator. (J) Declaring eight personal computers surplus and transferring them to the Emergency Services Coordinating Agency (ESCA). Page 1 of 2 CITY COUNCIL MEETING AGENDA February 17, 2004 Page 2 of 2 3. ( 5 Min.) Introduction of new members of the Citizens Commission on Salaries of Elected Officials. 4. (60 Min.) Public Hearing on regulations concerning amateur radio antennas. The proposal would revise Chapter 16.20 ECDC to clarify how amateur radio antennas are regulated and set standards and thresholds for their review and permitting. (File No. CDC-03-4) 5. Audience Comments (3 Minute Limit Per Person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings. 6. (10 Min.) Proposed Ordinance repealing Edmonds City Code Chapter 1.14 Public Official Disclosure - Prohibited Interest, and amending Chapter 1.20 Copies, Certifications and Transcriptions of City Records to add a new Section 1.20.080 relating to the filing of public disclosure forms. 7. (10 Min.) Report on City Council Committee Meetings of February 10, 2004. 8. ( 5 Min.) Mayor's Comments 9. (15 Min.) Council Comments ADJOURN Parking and meeting rooms are accessible for persons with disabilities. Please contact the City Clerk al (425) 771-0245 with 24 hours advance notice for special accommodations. The Council Agenda as well as a delayed telecast of the meeting appears on cable television Government Access Channel 21.