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05/18/2004 City CouncilMay 18, 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 Mauri Moore, Councilmember Peggy Pritchard Olson, Councilmember Richard Marin, Councilmember Deanna Dawson, Councilmember ELECTED OFFICIALS ABSENT Dave Orvis, Councilmember 1. APPROVAL OF AGENDA STAFF PRESENT Tom Tomberg, Fire Chief David Stern, Chief of Police Duane Bowman, Development Services Director Dan Clements, Administrative Services Director Noel Miller, Public Works Director Jeannine Graf, Building Official Dave Gebert, City Engineer Jim Larson, Assistant Admin. Services Director Steve Bullock, Senior Planner Star Campbell, Planner Lyle Chrisman, Engineering Program Manager Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER MOORE MOVED, SECONDED BY COUNCILMEMBER MARIN, TO APPROVE THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: (A) ROLL CALL Approve 5111104 Minutes (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF MAY 11, 2004. Approve (C) APPROVAL OF CLAIM CHECKS #71088 THROUGH #71258 FOR THE WEEK OF Claim Checks MAY 10, 2004, IN THE AMOUNT OF $340,696.76. Public Works week (D) PROCLAMATION IN HONOR OF PUBLIC WORKS WEEK, MAY 16- 22, 2004. Agreement (E) AUTHORIZATION FOR MAYOR TO SIGN AN INTERLOCAL COOPERATIVE with AOC AGREEMENT BETWEEN AOC AND THE CITY OF EDMONDS TO PURCHASE A LAPTOP COMPUTER. Pipeline (F) AUTHORIZATION FOR MAYOR TO SIGN A PIPELINE LICENSE AGREEMENT AND License PIPELINE LICENSE REGARDING THE POINT EDWARDS DEVELOPMENT. Edmonds City Council Approved Minutes May 18, 2004 Page 1 Claim for (G) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM SALLY L. JOHNSON Damages ($1,175.30). Dayton and Main Street (H) REPORT ON FINAL CONSTRUCTION COSTS FOR THE DAYTON AND MAIN Pedestrian STREET PEDESTRIAN IMPROVEMENTS AND COUNCIL ACCEPTANCE OF Improvements PROJECT. Motorcycle Safety (I) PROCLAMATION IN HONOR OF MOTORCYCLE SAFETY AWARENESS DAY, Awareness SATURDAY, MAY 22, 2004. Ord(J) ORDINANCE NO. 3500 - PROVISION OF RESCUE OPERATIONS AT THE Rescuee Operations at WASTEWATER TREATMENT PLANT. WWTP (K) AUTHORIZATION FOR MAYOR TO SIGN AN INTERLOCAL AGREEMENT FOR Services - Police POLICE SERVICES WITH THE TOWN OF WOODWAY. Woodway (L) AUTHORIZATION FOR MAYOR TO SIGN AN INTERLOCAL AGREEMENT FOR Fingerprint MAINTENANCE OF THE AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM Identification WORKSTATION WITH THE CITY OF LYNNWOOD. system Lift Station (M) AUTHORIZATION FOR MAYOR TO SIGN ADDENDUM NO. 5 ($13,324) TO LIFT No.1 STATION 1 REHABILITATION PROJECT FOR ADDITIONAL WORK AND APPROPRIATION OF FUNDS FOR FINAL CONTRACT PAYMENT ($11,248). Lift Station (N) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES No. 7 & 8 AGREEMENT WITH HDR FOR LIFT STATION 7 & 8 INTEGRATION & Hearing Examiner Meeting Regarding Tree Cutting on the Triad Property Tree curt"'g Mayor Haakenson announced the Hearin Examiner's hearing regarding tree cutting on the Triad on Triad y g g gb' g Property property scheduled on May 20 was postponed until June 17. The City Council will hold a public hearing June 1 regarding the tree cutting and a settlement agreement proposed by Triad. 3. REPORT BY BRET CARLSTAD OF THE EDMONDS SCHOOL DISTRICT REGARDING THE School DISTRICT'S EMERGENCY RESPONSE AND CRISIS MANAGEMENT. District Emergency Bret Carlstad, Director of Planning, Property, Risk, Safety, Custodial and Emergency Services, RespCrisis Se and Edmonds School District reported approximately two ears ago the Edmonds School District began Crisis � p pp y Y g g Management planning for emergencies and crisis events as well as recovery from such events. This resulted in the development of the Comprehensive Emergency Response and Recovery Plan that acknowledges the importance of preparing in-house at each school as well as within the district and within the community prior to an emergency, how to respond to an emergency and how to recover from an emergency. Mr. Carlstad explained the District received a federal Department of Education grant for emergency planning and crisis management, one of four educational organizations within Washington and 130 in the nation to be selected. The grant allowed the District to proceed more quickly with its preparedness and increase the connection with community emergency service providers. He thanked Police Chief David Stern for his guidance and participation on the grant steering committee and in assisting the District in identifying issues and strengthening ties between the District and City government. Mr. Carlstad explained a key event funded by the grant was training planned to take place in June. He invited the community to connect with their schools and participate in the training event. The training would include incident command system, triage, building evaluation, etc. for staff, volunteers and administrators. Edmonds City Council Approved Minutes May 18, 2004 Page 2 American 4. PROCLAMATION IN HONOR OF THE AMERICAN LEGION AUXILIARY'S POPPY DAY Legion Auxiliary's SATURDAY MAY 29 2004. Poppy Day Mayor Haakenson explained each year around Memorial Day, the American Legion distributed poppies made by veterans. He advised Barbara Klemm and Pam Halsam, members of the local auxiliary, would present poppy corsages to Councilmembers and accept the proclamation. Mayor Haakenson advised the Edmonds American Legion Post and Auxiliary #66 was named in honor of Frank H. Freese, the first Edmonds' son to die in World War 1. Mr. Freese served in France in the US Army where he was awarded the a L'ordre de L'Armee — a citation for bravery — by the French Army. Mr. Freese died at Argonne, October 17, 1918. Mayor Haakenson read the proclamation declaring Saturday, May 29, 2004 as Poppy Day in Edmonds and encouraged all citizens to participate in the goals of the American Legion. Auxiliary by wearing a poppy, the familiar bright -red memorial flower. During this time of heartache, tragedy and upheaval worldwide, Ms. Klemm urged the public to remember the poppies were to honor those who serve the cause of freedom and not political opinions. Community 5. DISCUSSION AND POSSIBLE ACTION REGARDING HOLDING 5Tx TUESDAY FULL Outreach Program COUNCIL MEETINGS IN CONNECTION WITH THE COMMUNITY OUTREACH PROGRAM. Councilmember Moore explained this idea was introduced by Mayor Haakenson, to use meetings on the fifth Tuesdays of the month, which occur approximately four times per year, as a forum for the public to address the Council. She noted the Council currently did not meet when a fifth Tuesday occurred in a month. She explained the proposal was for a less formal meeting, no time limit on speakers, and allowing dialogue with the public although there would not be any Council decisions made at the meeting. Mayor Haakenson pointed out neither he nor staff would attend the meetings. Councilmember Marin pointed out the meetings also would not be videotaped. Council President Plunkett asked the City Attorney to speak to the notification, recording, etc. requirements of such meetings. City Attorney Scott Snyder reminded that the City employs many notification and minute taking techniques that exceed the minimum required by State law. He agreed the meetings proposed to be held on the fifth Tuesday would constitute public meetings as they would be meetings of the Council as a whole to conduct public business via listening to citizen concerns and having policy discussion. He noted this would be a regularly scheduled Council meeting by ordinance; therefore, no additional notice would be required. He noted summary minutes highlighting the topics discussed would be required. Council President Plunkett inquired whether the meetings could be recorded rather than preparing summary minutes. Mr. Snyder agreed the meeting could be recorded although the City Clerk was required to maintain summary minutes of all public meetings. He noted the minutes could be as simple as the time the meeting was convened and adjourned and a notation of the general topics discussed. Councilmember Wilson asked whether it was the intent to hold the meetings in the Council Chambers or whether there would be an opportunity to meet in neighborhoods if a suitable location was available. Councilmember Moore answered holding meetings in neighborhoods was acceptable to her. Councilmember Wilson observed the City would need to advertise the location if a meeting was held other than in Council Chambers. Mr. Snyder agreed. Councilmember Dawson agreed with the proposed concept as well as with Councilmember Wilson's proposal to hold meetings in the community. She suggested initially meeting in Council Chambers and as Edmonds City Council Approved Minutes May 18, 2004 Page 3 the public and Council became more familiar with the process, the meetings could be held in neighborhoods. She noted this would be a good opportunity for members of the public to interact with the Council. Councilmember Marin pointed out the intent was to hear from as many members of the public as possible within a reasonable period of time such as a few hours maximum. Although he agreed with extending the normal speaking time limits, he suggested establishing a reasonable time limit. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER DAWSON, TO PROCEED WITH THE COMMUNITY OUTREACH MEETINGS TO BE HELD ON THE FIFTH TUESDAYS. MOTION CARRIED UNANIMOUSLY. Mayor Haakenson advised the first meeting would be held June 29. Ord# 3501 6. A PROPOSED ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING Amending ORDINANCE NO. 3476 AS A RESULT OF UNANTICIPATED TRANSFERS AND 2004 E3udget EXPENDITURES OF VARIOUS FUNDS AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE Administrative Services Director Dan Clements explained this was a housekeeping mid -year budget adjustment. He referred to the 12 proposed adjustments, six had been previously approved and acted upon informally by the Council and six were revenue increases that arose this year. Mayor Haakenson invited the public to address the Council. There were no members of the public present who wished to provide comment. Council President Plunkett asked for clarification on. Item 11 (Council Contingencies: Create Appropriation after Closing Council Contingency Fund). Mr. Clements explained at the end of 2003, the Council Contingency Fund was closed as a separate fund. The proposed amendment established an appropriation in the Council budget of $25,000 for Council contingencies. Council President Plunkett recalled the Council Contingency Fund was over $100,000. Mr. Clements assured this was a placeholder in the budget for actual expenditures such as the contribution for the FACE economic study, etc. Hearing no further questions, Mayor Haakenson remanded the matter to Council for action. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER DAWSON, TO APPROVE ORDINANCE NO. 3501. MOTION CARRIED UNANIMOUSLY. The motion approved is as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3476 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. Request to 7. PUBLIC HEARING ON A REQUEST TO VACATE A PORTION OF THE SIERRA PLACE Vacate a i RIGHT-OF-WAY IMMEDIATELY SOUTH OF 1142 SIERRA PLACE AND EAST OF THE Portion of DEVELOPED CUL-DE-SAC OF SIERRA PLACE. THIS PORTION CONSISTS OF THE NORTH Sierra Place Right-of-way TWENTY-FIVE (25) FEET OF THE 50 FEET WIDE RIGHT-OF-WAY. (APPLICANT: DARRYL AND SHARI LEWIS / FILE NO. ST-03-176) Senior Planner Steve Bullock recalled a few weeks ago the Council approved setting a public hearing on this request to vacate a portion of the Sierra Place right-of-way. He explained Sierra Place was a developed right-of-way with a road halfway between Olympic Avenue and 12th Avenue North. The topography of the area between the end of the cul-de-sac to 12th Avenue North was very steep and has Edmonds City Council Approved Minutes May 18, 2004 Page 4 remained unimproved due to the steepness of the slope. Mr. Bullock displayed a vicinity map identifying Olympic Avenue, 12th Avenue North and Sierra Place, noting Sierra Place was only developed to the cul- de-sac bulb. He identified the portion of right-of-way that was on the City's Official Street Map as public right-of-way that was currently undeveloped due to the topography. Mr. Bullock advised the applicant, the property owner on the north side of the right-of-way, proposes vacating a portion of the right -of. --way to allow them to develop a single family residence on the vacant property immediately west of this portion of the Sierra Place right-of-way. He noted there were a number of environmental concerns due to wetland, steep slopes, etc. that affect development of the property; the vacation of a portion of the right-of-way would assist the property owner in gaining access to the site. Mr. Bullock explained the Engineering Department reviewed the request and provided several recommendations. He noted the Council packet included an appraisal conducted by a certified MAI appraiser that indicated the value of the land with and without the right-of-way vacation. At Councilmember Wilson's request, Mr. Bullock displayed the wetland delineation, identifying the cul- de-sac bulb, the right-of-way proposed to be vacated and the area of the property encumbered by the wetland. He identified the area of the site where the residence was proposed to be located. Councilmember Moore inquired why it would be in the public interest to vacate the right-of-way. Mr. Bullock answered because of the significant steep slope and wetlands on the property, the applicant considered improving a portion of the public right-of-way to provide a driveway to gain access to the property. However, due to the steepness of the slope and limitations in the engineering code regarding steepness of a driveway, the house would have to be moved further to the west, closer to the wetland. A longer driveway would allow them to move the house further from critical areas. He noted the wetland was viewed as a fairly significant wetland and preservation of wetlands was a benefit to the community. Applicant Larry McAndrews, President, McAndrews Group, 91.4 140th Avenue NE, Bellevue, agreed there was a public interest because by vacating the right-of-way and allowing the property owner to utilize the right- of-way for access rather than a steeper access, they could avoid development in a greater amount of the wetland. He provided a history regarding the site, recalling several years ago the Council reviewed an application to divide the property into three lots. His understanding was the Council rejected the application and suggested the developer return with a two -lot plan. In the interim, Mr. Lewis purchased the property and proposed to develop a residence on the site. He noted the only developable portion of the site was on the east and the only recourse for access was across the wetland in some manner. He explained the proposed alignment was selected as a street could not be developed to the city's standards within the right-of-way and the access would facilitate preservation of the wetland and impacts to the wetland. City Attorney Scott Snyder referred to Mr. McAndrews indication that the property owner's plans were to construct a single family residence. Recognizing that once the property was vacated, the property would belong to the property owner and they could apply for a subdivision or other development, he asked whether the property owner would be amenable to providing written, recordable notice limiting development on the site to one house. Mr. McAndrews answered yes. Mayor Haakenson opened the public participation portion of the public hearing. Jay Swank, 1140 Sierra Place, Edmonds, inquired how water runoff from this area would be addressed as there was significant natural runoff across the steep slope hillside. Planner Star Campbell advised staff was reviewing a Reasonable Use Exception for the applicant which would be required to locate a residence on the property due to the significant encumbrance by critical Edmonds City Council Approved Minutes May 18, 2004 Page 5 areas. Via that process, there was a hearing with the Hearing Examiner and availability of more detailed development plans for review. She advised property owners within 300 feet of the property would be notified of the Hearing Examiner hearing. Mr. Snyder pointed out engineering standards require that construction of a residence not impair the existing natural drainage way. Mayor Haakenson invited Mr. Swank to visit City Hall to pose further questions to staff regarding development of the property. Hearing no further questions of staff, Mayor Haakenson remanded the item to Council for action. COUNCIL PRESIDENT PLUNKETT MOVED, SECONDED BY COUNCILMEMBER WILSON, TO DIRECT THE CITY ATTORNEY TO PREPARE A RESOLUTION OF "INTENT TO VACATE" THE SUBJECT PORTION OF SIERRA PLACE RIGHT-OF-WAY IMMEDIATELY EAST OF (VACANT) 1142 SIERRA PLACE AND NORTH OF THE DEVELOPED CUL-DE-SAC OF SIERRA PLACE. PURSUANT TO ECDC SECTION 20.70.140 THE APPLICANT MUST PROVIDE PAYMENT OF $3,750 (ONE HALF OF THE FAIR MARKET VALUE) WITHIN 90 DAYS OF THE ADOPTION OF SAID RESOLUTION, OTHERWISE THE VACATION APPROVAL SHALL BECOME NULL AND VOID. Mr. Snyder inquired whether the Council wished to impose the restriction of one single family residence. Ms. Campbell explained via the Reasonable Use Exception and similar processes where sites were encumbered with critical areas, the Critical Areas Ordinance allowed preservation of critical areas and buffers as native growth protection areas and required it be recorded with the title to the property. She noted this would set aside that portion of the site, preventing future development. She stated that would likely occur in this instance. Councilmember Dawson supported Mr. Snyder's recommendation to impose a restriction of one single family residence. She noted the restriction was acceptable to the applicant and the public interest was dependent on the property developing as the applicant indicated. If it were developed with two lots, it may not meet the public benefit requirement. Councilmember Wilson concurred, noting there was nothing that would preclude later subdivision of this property in the future. He supported incorporating a limitation of one single family dwelling on the property into the motion. Council President Plunkett asked whether staffs recommendation was as Mr. Snyder suggested. Ms. Campbell noted it may not need to be a requirement of the street vacation but it was likely staff would recommend it as part of the Reasonable Use Exception. COUNCIL PRESIDENT PLUNKETT ACCEPTED THE LIMITATION OF ONE SINGLE FAMILY RESIDENCE ON THE SITE AS A FRIENDLY AMENDMENT. MOTION CARRIED UNANIMOUSLY WITH THE INCLUSION OF THE FRIENDLY AMENDMENT. 2003 8. PUBLIC HEARING ON THE ADOPTION OF THE 2003 INTERNATIONAL BUILDING, FIRE, InternBuilding, Fire MECHANICAL, AND SUPPLEMENTAL CODES AND APPENDICES INCLUDING THE 2003 Building, Fire Mechanical, & UNIFORM PLUMBING CODE. Supplemental Codes Building Official Jeannine Graf explained the movement to create national building construction codes began over eight year ago. At the urging of private industry as well as private government, the three model code groups in the United States formed the International Code Council (ICC) and created the first International Codes including the International Building Code, the International Residential Code, the Edmonds City Council Approved Minutes May 18, 2004 Page 6 International Mechanical Code, and the International Fuel Gas Code. She noted the Plumbing Code was still the Uniform Plumbing Code because the ICC had not yet created an International Code. Ms. Graf advised the State Legislature passed HB 1734 and Governor Locke signed the bill into law on May 14, 2003 with an effective date of July 1, 2004. As a result, Title 19 of the Edmonds Community Development Code was rewritten to accommodate adoption of the international codes. At the request of the Edmonds Historic Preservation Commission, she noted Title 19 also included adoption of the State Historical Building Code. Further, the proposal includes the adoption of the International Fire Code. Ms. Graf indicated that Acting Fire Marshal Mike Smith was in the audience to answer any questions related to the International Fire Code. Ms. Graf further noted adoption of the international codes eliminated the need for a separate chapter on Flood Plain Management as federal FEMA standards were incorporated into the International Codes. All ADA codes were also incorporated into the International Code eliminating the need for a State Barrier Free Code. Councilmember Wilson clarified the adoption of the International Codes did not prevent Edmonds from having local amendments. Ms. Graf agreed. Councilmember Wilson noted the City had the ability to adopt amendments consistent with the international codes that reflected local issues. Councilmember Marin recalled his support for reestablishing an Appeals Board. He inquired about the current status of an Appeals Board in Edmonds. Ms. Graf advised of the nine positions, one person applied for the architect position, three applied for the general contractor/builder/developer position, and three lay persons applied for the citizen position, leaving six vacancies. Councilmember Marin thanked staff for their efforts to establish an Appeals Board and recognized that a Board of Appeals would be part of the proposed code. Councilmember Marin referred to page 60 of the ordinance regarding the use of a regional Appeals Board and suggested revising a sentence in Section 19.80.030, Snohomish County Regional. Board of Appeals, as follows, "At such time that a Regional Board of Appeals is established within Snohomish County, the city reserves the right to abande replace the local city Board of Appeals in lieu of said regional Board once an Interlocal Agreement is approved and adopted by Council action. The proposed change was acceptable to Ms. Graf and Mr. Snyder. Mr. Snyder suggested replacing "in lieu of with "with." Mayor Haakenson opened the public participation portion of the public hearing. Hearing no comment, he closed the public hearing for comment. Hearing no further questions of staff, he remanded the matter to Council for action. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER MARIN, FOR ADOPTION OF THE OF THE 2003 INTERNATIONAL BUILDING, FIRE, MECHANICAL, AND SUPPLEMENTAL CODES AND APPENDICES INCLUDING THE 2003 UNIFORM PLUMBING Ord# 3502 CODE WITH THE AMENDMENTS PROPOSED BY COUNCILMEMBER MARIN ON PAGE 60. Building MOTION CARRIED UNANIMOUSLY. Codes The Ordinance adopted reads as follows: ORDINANCE NO. 3502 OF THE CITY OF EDMONDS, WASHINGTON, REPEALING AND REENACTING TITLE 19 BUILDING CODES, EXEMPTING ONLY THE EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA PROVISIONS FROM CHAPTER 19.05. 9. AUDIENCE COMMENTS 3-minute Timer for Mayor Haakenson referred to his remarks several weeks ago regarding timing of speakers and comments speakers from the public expressing their appreciation for his remarks because they had not previously understood Edmonds City Council Approved Minutes May 18, 2004 Page 7 how speakers were timed. He explained City Council policy was to allow a speaker three minutes to address the Council. His responsibility as Chair of the Council meeting was to enforce the Council's rules. He noted that while most speakers try to be succinct with their remarks, they seldom know when their time has expired unless informed. Mayor Haakenson noted in the past there had been a small red light on the podium that flashed when speakers had 30 seconds remaining and was solid when a speaker was out of time. Because the small red light clearly was not effective, Mayor Haakenson explained a new speaker warning light had been installed on the podium that was easily visible by speakers, the audience, the television audience, Councilmembers and himself. He noted when the light flashed, a speaker needed to wrap up their comments. When the light was solid red, the speaker's time had expired and they should conclude their comments and leave the podium. FACE Project Jack Bevan, 19210 — 94th Avenue W, Edmonds, commented the Fine Arts Center of Edmonds (FACE) on Edmonds did not belong on the Edmonds waterfront. He referred to the Port of Edmonds Strategic Advisory Waterfront Committee's recommendation in October 1999 that the Port decline the FACE proposal as the Committee felt the construction of a large building was not the highest or best use of Port waterfront land and other aspects of the project. The committee cited parking and traffic problems as potential negative impacts on the existing Port functions and tenants. He referred to an April 2004 comment by Port Commissioner Orvis indicating that when he spoke with Port District residents last year, he did not find a lot of support for the project. He referred to Port Executive Director Chris Keuss' recent report indicating people did not like the FACE project on the waterfront or the fiscal ranges of the FACE project. Mr. Bevan pointed out the limited economic return of FACE. Although he supported the concept of FACE, he did not support the location on the waterfront. Ray Martin, 18704 — 94te Avenue W, Edmonds, supported the concept of the outreach meeting on the fifth Tuesday and suggested the Council not institute any restrictions on speakers. He commented on the Edmonds cost to place a funding measure for the Edmonds Crossing project on the ballot and encouraged the Crossing Project Council to reconsider their position on the project. Tree xamoval Roger Hertrich, 1020 Puget Drive, Edmonds, relayed Mr. Bowman's indication that he was instructed Oil Triad site by Mayor Haakenson not to discuss tree removal on the Triad site with the public because all inquiries were to be made through Mayor Haakenson. Mr. Hertrich encouraged the Council to obtain the Environmental environmental checklist submitted by Triad. Their description of the site in the environmental checklist check List on did not reference Puget Sound, indicated there were no unstable soils, erosion controls used Best rriaa site Management Practices as a standard, and indicated there was no water on site. He questioned whether the Triad project was within 200 feet of Puget Sound and therefore regulated by the Shoreline Management Program. He noted the checklist referred to hawks and eagles but there was no recommendation regarding replacement of snags or tall trees for eagles to nest. The Forestry Report regarding the tree removal plan refers to slope failure, yet it has been said there is no failure of the slopes. With regard to water, a year-round flow was indicated in the reports which may be interrupted via construction. He recommended water flow be studied and any interruption avoided. He challenged the Council to look into the information provided on the environmental checklist. Mayor Haakenson thanked Mr. Hertrich for making his comments to the Council as the Council would be ruling on the proposed Triad development agreement. He clarified Mr. Bowman encouraged Mr. Hertrich to call him (Mayor Haakenson) for answers to his questions which Mr. Hertrich did not do. 10. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF MAY 11, 2004 Public Safety Committee I Public Safety Committee Councilmember Dawson advised the Committee discussed the renewal of an Interlocal Agreement with Woodway for police services. She explained this agreement, approved on the Consent Agenda, was the Edmonds City Council Approved Minutes May 18, 2004 Page 8 same as the existing agreement to provide first response police services when a Woodway officer was not on duty or unavailable to respond. She noted Woodway inquired about Edmonds providing animal control services; however, due to lack of staffing, that service would not be offered as part of the agreement. The Committee then discussed an Interlocal Agreement for maintenance of the automated fingerprint identification system workstation with the City of Lynnwood. The City previously had access to a similar system in Everett during business hours which was not convenient to access. Lynnwood obtained the same system and via an Interlocal Agreement, the cities will share the cost — approximately $1,500 annually. She noted this was approved on the Consent Agenda. Next, the Committee discussed an ordinance for provision of rescue operations at the wastewater treatment plant which the Council approved on the Consent Agenda. The last item the Committee discussed was a Citizens Assistance Program whereby firefighters could provide members of the community who were in need with a gift card up to a $100 using funds donated by the Edmonds Fire Safety Foundation. Finance Finance Committee Committee Councilmember Marin reported the Committee reviewed a proposed budget amendment as a result of unanticipated transfers and expenditures of various funds and recommended approval. This item was reviewed and approved as Agenda Item 6 tonight. Community/ Community Services/Development Services Committee Development Councilmember Wilson reported the Committee considered an all -way stop warrant analysis for the Services Committee intersection of 76th Avenue West and Meadowdale Road. The Committee concurred with the Engineering staffs recommendation not to install an ail -way stop as the intersection did not meet warrants. It was suggested the Police Department conduct additional speed control in the neighborhood. The agenda item regarding continued discussion on Planned Residential Development variances was postponed to the June 8 meeting due to the City's Attorney's unavailability. Next the Committee discussed the current criteria for home occupations and staff provided a list of code enforcement cases in the recent past. The Committee referred the review of the City's home occupation regulations to the Planning Board. Staff then provided a review of the City's current policy regarding play structures in response to a code enforcement case. Staff did not recommend any additional zoning code modifications as the issue was addressed via the City's regulations. The final item on the Committee's agenda was an update regarding the Comprehensive Plan review and update process. He encouraged the public to participate in the May 26 open house regarding the Critical Areas update. 11. MAYOR'S COMMENTS Walkway/ Mayor Haakenson pointed out the City's walkway and bulkhead replacement project won the Project of lkhead Project Award the Year Award for 2004 from the American Public Works Association, Washington State Chapter. He congratulated the Parks and Engineering staffs for their efforts. 16aMEK11001141ii[K41► 1►9ImaIg PSRC Councilmember Moore reported on the PSRC Economic Development District Board meeting, explaining Develop this Board was created b Executive Director Bob Drewel in an effort to create a region -wide economic Development y g District Board development plan. She noted the Board was working with the four Economic Development Councils in the region, federal and state government, and private and civic interests. She attended as an alternate from the Cities and Towns; the City's regular delegate was Mayor Haakenson. Councilmember Marin reported on the Flag Retirement Ceremony held in. City Park last evening Flag retirement sponsored by American Legion Post 66, VFW Post 8870 and the City. He described the ceremonial ceremony burning of one flag and the boy scouts who then burned the flags that had been contributed by the community. Edmonds City Council Approved Minutes May 18, 2004 Page 9 Councilmember Marin reported the Snohomish County Board of Health passed a resolution in support of oalt of I-890 which would eliminate smoking m all public laces. He explained the Board of Health recognized xealth g P P P b'n that a number of studies indicated eliminating smoking in public places did not have a monetarily detrimental effect on establishments and some evidence indicates business may prosper when smoking is eliminated. He noted the Board of Health supported I-890 due to the significant health risks to employees from secondhand smoke. Executive 13. EXECUTIVE SESSION REGARDING TWO LEGAL MATTERS Session At 8:10 p.m. Mayor Haakenson recessed the Council to a 20 minute Executive Session regarding two legal matters. He advised the Council may return to regular session following Executive Session and take action. The meeting was reconvened at 8:25 p.m. 14. AUTHORIZATION FOR MAYOR TO SIGN CHANGE ORDER NO. 8 TO THE LIBRARY ROOF Library Roof [Repair REPAIR AND BUILDING WATERPROOFING CONTRACT IN THE AMOUNT OF $98,711.68 FOR THE IMPACTS OF BROKEN HOSE BIBB PIPE. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCIL PRESIDENT PLUNKETT, THAT THE COUNCIL AUTHORIZE THE MAYOR TO SIGN CHANGE ORDER NO. 8 TO THE LIBRARY ROOF REPAIR AND BUILDING WATERPROOFING CONTRACT IN THE AMOUNT OF $98,711.68 FOR THE IMPACTS OF BROKEN HOSE BIBB PIPE. MOTION CARRIED UNANIMOUSLY. Councilmember Dawson noted that Washington Cities Insurance Authority would reimburse the city for this cost. With no further business, the Council meeting was adjourned at 8:30 p.m. ?PKENSON, MAYOR SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes May 18, 2004 Page 10 LL AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5th Avenue North, Edmonds 7:00 - 10:00 p.m. MAY 18, 2004 7:00 P.M. - Call to Order Flag Salute 1. Approval of Agenda 2. Consent Agenda Items (A) Approval of City Council Meeting Minutes of May 11, 2004. (B) Approval of claim checks #71088 through #71258 for the week of May 10, 2004, in the amount of $340,696.76.* *Note: Information regarding claim checks may be viewed electronically at www.ci.edmonds.wa.us. (C) Proclamation in honor of Public Works Week, May 16 - 22, 2004. (D) Authorization for Mayor to sign an Interlocal Cooperative Agreement between AOC and the City of Edmonds to purchase a laptop computer. (E) Authorization for Mayor to sign a Pipeline License Agreement and Pipeline License re4arding the Point Edwards Development. (F) Acknowledge receipt of Claim for Damages from Sally L. Johnson ($1,175.30). (G) Report on final construction costs for the Dayton and Main Street pedestrian improvements and Council acceptance of project. (H) Proclamation in honor of Motorcycle Safety Awareness Day, Saturday, May 22, 2004. (1) Authorization for Mayor to sign an Ordinance for the provision of Rescue Operations at the Wastewater Treatment Plant. (J) Authorization for Mayor to sign an Interlocal Agreement for Police Services with the Town of Woodway. (K) Authorization for Mayor to sign an Interlocal Agreement for Maintenance of the Automated Fingerprint Identification System workstation with the City of Lynnwood. Page 1 of 2 CITY COUNCIL MEETING AGENDA MAY 18, 2004 Page 2 of 2 (L) Authorization for Mayor to sign Addendum No. 5 ($13,324) to Lift Station No. 1 Rehabilitation Project for Additional Work and Appropriation of Funds for Final Contract Payment ($11,248). (M) Authorization for Mayor to sign Professional Services Agreement with HDR for Lift Station 7 & 8 Integration & Rehabilitation Project. 3. (5 Min.) Report by Beet Carlstad of the Edmonds School District regarding the District's Emergency Response and Crisis Management. 4. (5 Min.) Proclamation in honor of the American Legion Auxiliary's Poppy Day, Saturday, May 29, 2004. S. (15 Min.) Discussion and possible action regarding holding 5th Tuesday Full Council Meetings in connection with the Community Outreach Program. 6. (15 Min.) A Proposed Ordinance of the City of Edmonds, Washington, amending Ordinance No. 3476 as a result of unanticipated transfers and expenditures of various funds, and fixing a time when the same shall become effective. (Public comment will be received.) 7. (30 Min.) Public Hearing on a request to vacate a portion of the Sierra Place right-of-way immediately south of 1142 Sierra Place and east of the developed cul-de-sac of Sierra Place. This portion consists of the north twenty-five (25) feet of the 50 feet wide right-of-way. (Applicant: Darryl and Shari Lewis / File No. ST-03-176). 8. (30 Min.) Public Hearing on the Adoption of the 2003 International Building, Fire, Mechanical, and Supplemental Codes and Appendices including the 2003 Uniform Plumbing Code. 9. Audience Comments (3 Minute Limit Per Person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings. 10. (15 Min.) Report on City Council Committee Meetings of May 11, 2004. 11. (5 Min.) Mayor's Comments 12. (15 Min.) Council Comments 13. (15 Min.) Executive Session regarding a real estate matter. ADJOURN Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at (425) 771-0245 with 24 hours advance notice for special accommodations. The Council Agenda appears on cable television Government Access Channel 21.