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05/06/2003 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES May 6, 2003 Following a Special Meeting at 6:30 p.m. for an Executive Session regarding a legal matter, the Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 2505 1h Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Dave Earling, Council President Jeff Wilson, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Dave Orvis, Councilmember Deanna Dawson, Councilmember ELECTED OFFICIALS ABSENT Richard Marin, Councilmember 1. APPROVAL OF AGENDA STAFF PRESENT David Stern, Chief of Police Duane Bowman, Development Serv. Director Stephen Clifton, Community Services Director Arvilla Ohlde, Parks and Recreation Director Noel Miller, Public Works Director Jim Larson, Assistant Admin. Serv. Director Rob Chave, Planning Manager Dave Gebert, City Engineer Darrell Smith, Traffic Engineer Don Fiene, Assistant City Engineer Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER DAWSON MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, FOR APPROVAL OF THE AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER DAWSON, FOR APPROVAL OF THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: (A) ROLL CALL Approve /29/03 Minutes (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF APRIL 29, 2003 Approve (C) APPROVAL OF CLAIM CHECKS #62440 THROUGH #62519 FOR THE WEEK OF Claim APRIL 28, 2003, IN THE AMOUNT OF $94,753.20. APPROVAL OF PAYROLL DIRECT Checks DEPOSITS AND CHECKS #35524 THROUGH #35610 FOR THE PERIOD APRIL 16 THROUGH APRIL 30, 2003, IN THE AMOUNT OF $763,061.91. r(D) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH THE EDMONDS- SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY FOR THE EDMONDS GARDEN & SUMMER MARKETS. Edmonds City Council Approved Minutes May 6, 2003 Page 1 its Festival (E) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH EDMONDS ARTS FESTIVAL ASSOCIATION FOR THE ARTS FESTIVAL. Pedestrian 3. PEDESTRIAN SAFETY IMPROVEMENTS AT DAYTON AND MAIN STREET Safety Improvement at Dayton Traffic Engineer Darrel Smith reviewed citizen concerns with regard to Dayton and Main: and Main St. • Too much speeding on Dayton and Main • Unsafe to cross the street at the Frances Anderson Center • Many citizens desire a mid -block crossway at this location • Many children visit the Frances Anderson Center • Not enough parking near the Frances Anderson Center • Mid -block crossings are statistically not safe at uncontrolled intersections (Washington Cities Insurance Authority (WCIA) recommended not installing a mid -block crosswalk) Mr. Smith displayed a concept evaluation matrix, explaining ten concepts were developed and evaluated, ranging in cost from $5,000 to $143,000. Next, Mr. Smith reviewed two long term improvements staff felt had merit and two short term improvements staff determined could be constructed quickly. Long term Concept B -2 • All way stop at 7"' & Main • Mid -block crosswalk at Frances Anderson Center with a lighted in- ground beacon • Bulb -outs at the four corners of Dayton Avenue and Main Street and on the south side of Dayton at the library • 15 -foot diameter traffic circle at 7`h & Dayton • Cost: Approximately $134,000 • Due to funding constraints, could not be constructed until 2008 Long term Concept B -3 • Same as Concept B -2 with the elimination of the mid -block crosswalk. • Cost: Approximately $65,000 • Due to funding constraints, could not be constructed until 2008 Short term Concept C -1 • All way stop at 7th & Main • Traffic circle at 8`h & Dayton • Cost: Approximately $15,000 • Could be constructed within 12 months. Short term Concept C -2 • Same features as Concept C1 • Bulb -outs at 7"' & Dayton and 7"' & Main • Cost: Approximately $25,000 Mr. Smith reviewed feedback regarding the concepts that was provided at the neighborhood meeting where all ten concepts were reviewed: • Improve public safety • Reduce speeds along Dayton & Main • Construct cost effective improvements Edmonds City Council Approved Minutes May 6, 2003 Page 2 • Construct improvements quickly • Many residents near 8b & Dayton were not in favor of an all way stop there due to additional noise, air pollution, etc. from stopping /accelerating traffic • Concept Cl the best short-time solution • Concept B2 is the best long term solution Mr. Smith reviewed staff's recommendation to phase in improvements, construct Concept Cl in 2003, budget and design for Concept B2, and construct Concept B2 in 2008. He recommended if Concept B2 was selected, staff continue to study other communities' experience with mid -block crosswalks. Councilmember Petso asked whether the design included anything to prevent motorists from cutting around the traffic circle when making a left turn such as directional arrows on the roadway. Mr. Smith answered directional arrows or signage could be included. For Council President Earling, Mr. Smith explained the traffic circle would accommodate 40 -foot buses making a right turn or traveling straight but not a left turn. In his discussion with Community Transit and the School District, only one school district route turned left at this location and they were willing to modify the school bus route to eliminate the left turn. Councilmember Wilson recalled Mr. Smith's indication that Concept C1 could be funded this year and asked whether C2 could also be funded this year. Mr. Smith explained there was $40,000 budgeted in 2003 for walkway and bikeway improvements; $6,000 - $9,000 was already dedicated to bicycle improvements in the City, leaving approximately $30,000. He noted the cost estimate for C2 was approximately $25,000. Councilmember Wilson asked whether the improvements constructed via Concept Cl or C2 could be deducted from the cost of Concept B3. Mr. Smith answered both C1 and C2 could be constructed without requiring any removal of the improvements when either Concept B2 or B3 was constructed. Councilmember Wilson asked whether the bulb -outs could be phased. Mr. Smith answered yes. Councilmember Wilson inquired about the City's liability with regard to mid -block crosswalks, noting staff's recommendation included the mid -block crosswalk even though WCIA and the Department of Transportation expressed concern with mid -block crosswalks. City Attorney Scott Snyder answered there were times when the Council must balance the public good with the potential for liability. As a general rule, when a device of this type was installed, the City was increasing the potential for liability should something go wrong. This must be balanced with whether the problem was better cured via this device that it was worth assuming some additional liability. Mr. Smith referred to the letter from WCIA strongly recommending not installing a mid -block crosswalk, particularly an uncontrolled one and, if the City wanted to proceed, WCIA recommended performing a traffic study. He noted the Federal Highway Administration determined in their study that a stand -alone painted mid -block crosswalk, particularly on a multi -lane roadway, gave pedestrians a false sense of security. The Federal Highway Administration did indicate that with accompanying improvements such as bulb -out or other methods of attracting drivers' attention prior to the crossing, it could be considered for a location with high volume crossing. Councilmember Wilson inquired whether parking spaces would be lost via the mid -block crossing. Mr. Smith answered the crosswalk would result in the loss of 4 -6 parking spaces near the Anderson Center. Councilmember Dawson asked whether other projects would be delayed/eliminated via constructing Concept Cl or C2 this year. Mr. Smith answered the short term improvements (Concepts Cl or C2) would not postpone /eliminate other projects, but constructing the long term options now would. Edmonds City Council Approved Minutes May 6, 2003 Page 3 Councilmember Plunkett inquired about the cost of stop signs. Mr. Smith answered approximately $150. He commented Public Works indicated they had the capability of constructing the C options, however, due to shortage of manpower, they could not do it this year. Mayor Haakenson opened the public participation portion of this item. Harry Stutz, 805 Dayton Street, Edmonds, expressed his support for the Dayton & Main report provided by Mr. Smith and presented on April 21 to the neighbors which itemized various concepts that could improve pedestrian safety by reducing speeds along Dayton & Main. He noted Mr. Smith's report recommended the Concept C1 which would reduce vehicle speeds on Dayton & Main and, most importantly, promote pedestrian safety. He expressed his support for Concept C1 and urged the Council to rapidly implement this improvement. Joe Wermus, 752 Dayton, Edmonds, expressed his support for Concept C1 in recognition of the City's budget constraints. He noted this improvement would slow traffic on Dayton. He strongly supported the traffic circle due to the visual impact as well an effective means of slowing traffic. He indicated that if sufficient funds were available, he would support Concept C2. Roger Hertrich, 1020 Puget Drive, Edmonds, agreed that traffic speeds were the biggest problem on both streets. He noted a less expensive option would be better signage and improved traffic enforcement. He suggested due to the amount of activities occurring in the area, creating a special traffic zone and striping the street to alert motorists of the special traffic zone. He recalled trial bulb -outs were installed in that area previously, pointing out temporary, experimental bulb -outs could be installed. He questioned whether it was practical to have a mid -block crosswalk that close to the crosswalk at the corner. Hearing no further public comment, Mayor Haakenson closed the public participation portion of this item. Hearing no questions for staff, he remanded the item to Council for action. Councilmember Wilson referred to Concepts C1 and C2, questioning whether the bulb -out on Main at 7 t" was necessary as there was already a bulb -out on the other side of the street. Mr. Smith agreed it could be eliminated, saving approximately $3,500. Councilmember Wilson commented this issue was discussed by the Community Services/Development Services Committee and he attended the public meeting which was well attended by residents who were concerned about traffic and particularly pedestrian safety in the area. He supported improving pedestrian safety in that area prior to the Arts Festival, Taste of Edmonds, etc. that increase pedestrian activity in this area. He noted this was an opportunity to phase improvements in a cost - effective manner. He proposed phasing the traffic improvements on Main & Dayton beginning this year with a modified Concept C2 eliminating the bulb -out on the north side of Main Street at 7`h and including the all -way stop at 7"' & Main, an additional crosswalk at 7`" & Main on the east side and a traffic circle at 8`" & Dayton and a bulb -out on the south side of Dayton on the west side of 7"' Avenue. He also supported phasing in the improvements in Concept B2 and re- evaluating the need for a mid -block crosswalk in the future in light of these improvements. Council President Earling agreed. Councilmember Dawson inquired about the cost of Councilmember Wilson's proposal. Mr. Smith answered the cost of a modified C2 less the bulb -out at 7 "' & Main was approximately $21,000. He described the differences between Cl, C2 and modified C2: C1 had no bulb -outs, C2 had bulb -outs at 7"' & Main and 7th & Dayton, and modified C2 had a bulb -out only at 7th & Dayton. Edmonds City Council Approved Minutes May 6, 2003 Page 4 Councilmember Petso commented the bulb -out at 7th & Dayton was very long; she inquired why it was so long and whether it would eliminate parking spaces. Mr. Smith advised no parking was currently allowed at that corner due to the existing crosswalk. He anticipated approximately one parking stall would be eliminated. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO SUSPEND THE RULES TO REOPEN OPPORTUNITY FOR STAFF QUESTIONS. MOTION CARRIED UNANIMOUSLY. Councilmember Orvis inquired whether further Council action would be required prior to construction. Mr. Smith advised staff's recommendation was to construct Concept C1 immediately. Staff would return to Council for direction regarding the B concepts via the TIP and CIP. Mayor Haakenson remanded the matter to Council for action. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO IMPLEMENT CONCEPT C2 AS MODIFIED, ELIMINATING THE BULB -OUT ON THE NORTH SIDE OF MAIN STREET ON THE WEST SIDE OF 7TH, FOR IMPLEMENTATION OVER A 12 -MONTH PERIOD AND STAFF TO RETURN TO COUNCIL WITH A PLAN FOR PHASING FUTURE IMPROVEMENTS FOR EVALUATION AS PART OF THE CIP PROJECTS. Councilmember Plunkett expressed his appreciation to Mr. Smith for his ability to identify workable solutions. MOTION CARRIED UNANIMOUSLY. 4. PUBLIC HEARING ON THE SIX -YEAR CAPITAL IMPROVEMENT PROGRAM (2003 — 2008) -Year apital mprovement Assistant City Engineer Don Fiene explained the Capital Improvement Program (CIP) was a long range rogram planning tool, a blueprint that outlined capital improvements given available resources and showed how and when moneys would be spent. Projects included physical improvement or replacement of city - owned infrastructure and development of new facilities. The CIP was an ongoing process and as needs, public support and resources changed, priorities were adjusted. Mr. Fiene explained the City's CIP was updated annually as a requirement of the Growth Management Act (GMA) with input from Public Works, Community Services, Engineering, Administrative Services, Wastewater Treatment Plant, and Parks & Recreation. He explained most projects were identified in the Comprehensive Plan which included input from staff, the public and consultants. Mr. Fiene explained the 2003 -2008 CIP included projects, costs, and revenues, detailed on 13 spreadsheets for the 13 different funds. The project description book details the name of each project, estimated costs, description of the project, benefit rationale, schedule, and cost breakdowns. He displayed a sample from the CIP project description book. Fund 112 — Combined Street Construction Improvement - Arterial Projects Mr. Fiene reviewed projects funded via Fund 112, explaining this funded street overlays and other road improvements, traffic signals, road stabilization, traffic calming, bikeway and walkway projects. He explained the pre -I -776 revenues were $766,000 per year; the passage of I -776 eliminated $350,000 in revenue or 46% of the budget. He noted most projects already required grants to match the local funds. Edmonds City Council Approved Minutes May 6, 2003 Page 5 He pointed out a budget modification, post I -776, to include proposed mitigation fees as well as major program adjustments. He noted the proposed mitigation fees would generate $135,000. Mr. Fiene advised the passage of I -776 eliminated $2.1 million in revenue for the six year period 2003- 2008 which resulted in substantial cuts to non - motorized projects, walkway and bikeway projects, and cuts and delays in signal projects and overlay projects, resulting in a 60 year overlay cycle versus the optimum of 20 -30 years. He displayed a spreadsheet that identified impacts of the passage of I -776 on Fund 112. He identified projects that were eliminated including $850,000 in citywide overlays (6.5 miles of roadway), five signal projects, $50,000 in citywide street improvements, and $120,000 in citywide bikeway and walkway projects, $85,000 in traffic calming projects, $90,000 in school zone improvements. The 164`h Street pedestrian project and the Pine Street ferry access project were postponed indefinitely. He identified postponed projects including the 72"d Avenue pedestrian project, 96`h Avenue West pedestrian improvements near Westgate Elementary School, 50h & Main crosswalk, Dayton and Main pedestrian improvements, and signal upgrades at 238`h and 100`h Avenue. Mr. Fiene explained the 220`h Street improvement project was retained due to significant grants and low interest loans for the project. He noted the 220`" Street improvement included a left turn lane, sight distance improvements, an overlay, and bike lanes and walkways on each side of the street. He displayed a chart illustrating funding allocation for the 220`h Street improvement project which showed 60% of the project was funded via state grants, 12% by federal grants, 10% from the Storm Utilities, and the remainder from Fund 112 via a low interest Public Works Trust Fund loan. He noted funding had also been retained in Fund 112 for the Olympic View pedestrian improvement for a walkway on the Edmonds side of the roadway. Fund 113 — Multimodal Transportation Mr. Fiene advised Fund 113 funded improvements that would link and/or improve connections between the ferry, bus, pedestrians, bikes, rideshare and trains at the Pt. Edwards site. Fund 114 —Building Maintenance Mr. Fiene explained the funding source for this fund was the General Fund which was heavily impacted by the passage of I -695 and I -776. The fund provided maintenance for the Frances Anderson Center, City Hall, fire stations, library, Public Safety building, Public Works building, and many other city buildings. The average funding from the General Fund allotted to Fund 114 prior to 2001 was approximately $100,000. Over the next six years, this amount was reduced to approximately $56,000 per year or a 44% reduction. He noted these cuts would defer maintenance which could lead to deterioration and damage to the city's capital assets. Fund 125 — Parks, Open Space, Recreational, Beautification Mr. Fiene explained this fund financed improvements /rehabilitation of existing parks, development of new parks, trails, environmental protection /education, cultural arts, pool, sports fields, and waterfront improvements. He displayed examples of projects such as the Civic Center improvements planned in 2003, 2005 and 2007, and the waterfront bulkhead improvements. Fund 326 — Public Safety Building Construction Mr. Fiene explained this funded Fire Station 16 currently under construction on 196`h Street, constructed primarily via a voter approved bond. Fund 330 — Limited Tax General Obligation Bond Projects Mr. Fiene explained projects included the library roof repair, and the Frances Anderson Center window replacement, electrical repair, plumbing repair, and restroom repair. Edmonds City Council Approved Minutes May 6, 2003 Page 6 Fund 412 -100 — Combined Utility Construction Improvement — Water Projects Mr. Fiene explained projects were primarily identified in the adopted 2002 Water Comprehensive Plan. Priorities include improvement in fire flow, replacement of deteriorated pipes, replacement of 1% of pipes. (1.8 miles) per year, and storage control improvements. In 2003, water system improvements would occur in the Seaview area and Five Corner pump station improvements in 2003 -2004. Fund 412 -200 - Combined Utility Construction Improvement — Drainage Projects Mr. Fiene explained these projects were identified in the 2003 Stormwater Comprehensive Plan. The projects addressed capacity problems, maintenance problems, and environmental concerns. He provided examples of projects funded via Fund 412 -200. Fund 412 -300 - Combined Utility Construction Improvement — Sewer Projects Mr. Fiene advised these projects were identified in the 2000 Sewer Comprehensive Plan and included rehab of Lift Station 2 in 2005. Fund 414 — Wastewater Treatment Plant Mr. Fiene advised projects included replacement of worn machinery, equipment and controls for the Wastewater Treatment Plant, improve or replace flow meters, repair outfall lines, and repair influent trunk lines. Mr. Fiene summarized many transportation projects were eliminated or delayed as a result of the passage of I -776. Other than the Building Maintenance Fund which was funded via the General Fund and heavily impacted by cuts as a result of I -695 and I -776, the remaining funds appeared to be meeting minimum needs. Staff's recommendation was to approve the annual update to the Capital Facilities Plan. Mayor Haakenson opened the public participation portion of the public hearing. Roger Hertrich, 1020 Puget Drive, Edmonds, referred to the project book, noting funding for many projects had been deferred to 2008. He recalled a number of signal projects were presented to the Council previously including a signal at 9"' & Casper. This location was identified as one of the most dangerous intersections in Edmonds. Although he questioned the identification of 96' & Casper as a dangerous intersection, he questioned how the project could now be deferred when it was identified as such a dangerous intersection. Mr. Hertrich suggested eliminating the Traffic Engineer position due to the limited number of traffic improvements in the next five years. With regard to the suggestion to eliminate the Traffic Engineer position, Councilmember Dawson pointed out the City had ongoing traffic improvements over the next five years. Further, she credited Mr. Smith with obtaining funding that enabled the City to undertake the 220"' Street project. Mayor Haakenson closed the public participation portion of the public hearing. Councilmember Petso asked whether savings from the 220"' Street Project could be used to fund the Pine Street ferry traffic improvements. Mr. Smith answered yes. With regard to water main improvements and associated overlays, Councilmember Petso asked whether the improvement required a complete street overlay or whether the area could be patched and the savings used for other projects. Mr. Fiene answered it had been the city's policy to overlay the entire street, noting half the overlay was funded via the Water Utility. He noted due to funding constraints in Fund 112, the bulk of overlays would be done in connection with waterline replacements. Edmonds City Council Approved Minutes May 6, 2003 Page 7 Councilmember Petso referred to the $6.9 million in work on 84th Street from 212th to 238th, recalling much of that roadway was in unincorporated Snohomish County. She assumed funds would not be spent on this project until the roadway was within the City's jurisdiction. Mr. Smith explained the intent was not to spend funds in Snohomish County but partner with Snohomish County and fund the City's portion of the road. He noted the primary issue in that area was pedestrian and non - motorized improvements. Councilmember Petso questioned the approximately $7 million cost for pedestrian improvements. Mr. Smith advised the total was approximately $7 million with half the funding from Snohomish County. He noted this project was also included in the RTID. For Councilmember Orvis, Parks & Recreation Director Arvilla Ohlde advised the City Park improvements were postponed until a traffic study was done on a 2 -way road versus a one -way road. Councilmember Dawson clarified the only fund that received moneys from the General Fund was Fund 116, the Building Maintenance Fund, and due to budget constraints, funding had been cut $56,000 or 44 %. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PETSO, TO DIRECT THE CITY ATTORNEY TO DRAFT AN ORDINANCE FOR COUNCIL CONSENT AGENDA APPROVAL ADOPTING THE ANNUAL UPDATE TO THE CAPITAL FACILITIES PLAN AS PART OF THE CAPITAL FACILITIES ELEMENT OF THE COMPREHENSIVE PLAN. Council President Earling recalled two years ago when the initiatives began passing such as I -776, I -695, and 1 -772, the Council knew steps would be necessary to rectify the anticipated revenue shortfalls. The Council also knew these changes would not be evident early in the process. He recalled that although Councilmembers assured voters the initiatives would have an affect, it was not immediately apparent due to the delayed affect of the revenue shortfalls. MOTION CARRIED UNANIMOUSLY. Mayor Haakenson declared a brief recess. ay Care 5. PUBLIC HEARING ON THE PLANNING BOARD RECOMMENDATION TO AMEND THE acilities EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) REGARDING NEIGHBORHOOD DAY CARE FACILITIES. THE PROPOSED AMENDMENT WOULD (1) BRING THE ECDC INTO COMPLIANCE WITH STATE LAW BY INCREASING THE PERMITTED NUMBER OF CHILDREN IN NEIGHBORHOOD DAY CARE FACILITIES TO TWELVE, AND (2) EXPAND THE NEIGHBORHOOD DAY CARE DEFINITION TO INCLUDE THE CARE OF ELDERLY OR DISABLED PERSONS (FILE NO. CDC- 03 -17) Planning Manager Rob Chave explained this was a two part amendment, 1) bring the City's regulations into consistency with State law by increasing the permitted number of children in neighborhood day care facilities to 12; and 2) expand the neighborhood day care definition to include the care of elderly or disabled persons. He advised the Planning Board's recommended draft ordinance was contained in the Council packet. Mayor Haakenson opened the public participation portion of the public hearing. Roger Hertrich, 1020 Puget Drive, Edmonds, urged the Council to consider the rights of residents who live in the single family zone where a day care may be located. He questioned whether there had been Edmonds City Council Approved Minutes May 6, 2003 Page 8 adequate investigation of the affect of 12 children playing outside, vehicles picking up children, etc. He suggested a Conditional Use Permit process to investigate the impact this could have on a neighborhood. Hearing no further public comment, Mayor Haakenson closed the public participation portion of the public hearing. Councilmember Wilson referred to language in Section 21.20.010 regarding adult care that staff recommended be removed, "The definitions of family day -care home and day -care center shall also include facilities designed for the care of adult persons disabled personas, and age ef 63 yews- during normal working hours," questioning why this language was recommended for deletion. City Attorney Scott Snyder responded the State has preempted the City's ability to regulate day cares serving 12 and fewer children; these must be outright permitted uses in single family zones. The City is also required to accommodate the disabled under the Fair Housing Act and Americans with Disabilities Act in its zoning practices and rules. Third, a judge ruling on Bellevue's foster home ordinance, struck down Bellevue's ordinance based on age discrimination. The Planning Board chose to eliminate the wording specifying the disabled and establishing the over age 65 limitation. Mr. Chave explained the next sentence in the ordinance, "The expansion of the definition is intended to permit neighborhood oriented facilities which provide services to the disabled and elderly" provided more clarity. Councilmember Wilson expressed concern with how broad the language would be with the removal of the age requirement, which may lead to unanticipated problems. Mr. Chave recalled the Planning Board's concern was with establishing a somewhat arbitrary age of 65. Councilmember Wilson referred to the language in RCW 35A.63.215, noting it appeared the City could still have a Conditional Use Permit process if it were used solely to evaluate how the City could protect the neighborhood but not outright prohibit a day care facility. He asked what mechanism would the city have to administer issues related to limiting the hours of operation, signage, etc. absent a Conditional Use Permit process. Mr. Snyder suggested, rather than a Conditional Use Permit process which can be a lengthy process and can create a difficult legislative record, enacting development requirements related to RCW 35A.63.215 which state the city may require that the facility: 1) comply with all building, fire, safety, health code, and business licensing requirements, 2) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure, 3) is certified by the office of child care policy licensor as providing a safe passenger loading area, 4) include signage, if any, that conforms to applicable regulations, and 5) limit hours of operation to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day -care and who work a nonstandard work shift. Councilmember Petso referred to a worse case scenario, a PRD- with clustered housing in a cul -de -sac with no parking and no area for children to play, questing whether standards could be established to require adequate vehicle parking and access. Mr. Snyder referred to RCW 35A.63.215 which stated, "no city may enact, enforce, or maintain an ordinance ... or administrative practice that prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day -care provider's home facility." He concluded the city had very narrow limitations under which to regulate family day care facilities. Mr. Chave referred to Item 5, a city may limit the hours of operation, also requires appropriate opportunity be provided for persons who work a nonstandard work shift. He pointed out this limited the City's ability to regulate the hours of operation. Councilmember Dawson questioned the city's ability to regulate hours in light of Item 5 under RCW 35A.63.215. Edmonds City Council Approved Minutes May 6, 2003 Page 9 Hearing no further questions for staff, Mayor Haakenson remanded the matter to Council for action. COUNCILMEMBER DAWSON MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO DIRECT THE CITY ATTORNEY TO DRAFT AN ORDINANCE FOR THE CONSENT AGENDA AS INITIALLY PROPOSED AND INCLUDING THE STRUCK OUT LANGUAGE IN 21.20.010(C) RATHER THAN THE ADDED LANGUAGE. Councilmember Wilson asked whether the motion was also to direct the City Attorney to add development standards to implement the items in RCW 35A.63.215. Councilmember Dawson reiterated her uncertainty that development standards could address those issues and preferred to consider any development standards as a separate issue. Councilmember Wilson commented the requirements in Item 3, "is certified by the office of child care policy licensor as providing a safe passenger loading area" could be addressed via a development standard. Councilmember Dawson clarified her motion did not address development standards. MOTION CARRIED UNANIMOUSLY. Establish- 6. PUBLIC HEARING ON ORDINANCE NO. 3445 ADOPTED PURSUANT TO RCW 35A.63.220; ent of ADOPTING AN INTERIM ZONING REGULATION IMPOSING A MORATORIUM ON THE Opiate Substitution PROCESSING OF PERMIT AND LICENSE APPLICATIONS FOR THE ESTABLISHMENT OF Treatment OPIATE SUBSTITUTION TREATMENT SERVICE PROVIDER FACILITIES WITHIN THE Service CITY rovider acilities City Attorney Scott Snyder explained this was a required public hearing pursuant to the State statute that permitted adoption of interim zoning ordinances but required a public hearing within a specified period of time following passage. He explained Edmonds had no applications for such a facility. The purpose of the moratorium was not to ban or prohibit the use but to allow time to review the City's zoning code. He explained at the current time, this use would be permitted anywhere in the City's medical zone which may be appropriate, or it may be appropriate to establish conditions on siting of the facilities. He explained these facilities were special -use facilities and there were legitimate development standards or conditional use issues regarding where they were located, how they disposed of medical waste, etc. that were appropriate for review. Mayor Haakenson opened the public participation portion of the public hearing. Gary Nelson, Snohomish County Council President, expressed his support for adoption of Ordinance No. 3445, establishing this moratorium. He explained the Snohomish County Council has a dispute with the Department of Social and Health Services (DSHS) regarding 1) the statute was clear that DSHS must certify the credentials of any entity providing methadone or other substitute drug to clients but the Snohomish County Council was charged with responding to the determination of need, 2) certify only programs sited in accordance with appropriate county and city land use ordinances, and 3) hold at least one public hearing in the county in which the facility is proposed to be located and one in the area in which the facility is proposed to be located. He noted in Snohomish County, it appeared DSHS was not following the state statute. He supported the moratorium to provide Edmonds the opportunity to establish standards for the siting of essential public facilities. Mayor Haakenson closed the public participation portion of the public hearing. Edmonds City Council Approved Minutes May 6, 2003 Page 10 COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO REFER THE MATTER TO THE PLANNING BOARD FOR REVIEW AND RECOMMENDATION. MOTION CARRIED UNANIMOUSLY. le.zone of 7. CLOSED RECORD REVIEW OF THE PLANNING BOARD'S RECOMMENDATION TO Property at APPROVE THE REQUEST BY THE CITY OF EDMONDS FOR A REZONE OF THE 8505 PROPERTY LOCATED AT 8505 BOWDOIN WAY FROM PUBLIC (P) TO RM -2.4 owdoin Pay Mayor Haakenson advised this was a Closed Record Review, only parties of record were allowed to speak; however, there were no parties of record other than the City. As this was a quasi judicial hearing, Mayor Haakenson inquired whether any Councilmembers had any ex parte communications or conflicts to disclose. Councilmember Wilson advised he resided within 300 feet of the property and had received notice of this action. He indicated he had not spoken to anyone about it and felt he could judge the matter fairly. There were no challenges to Councilmember Wilson's participation. Planning Manager Rob Chave advised the City owned the property which was zoned Public (P) and used for a fire station. The fire station was no longer in use and the City was seeking to rezone the property to RM 2.4, the same zoning classification as the property to the east. Hearing no questions for staff, Mayor Haakenson remanded the matter to Council for action. COUNCILMEMBER DAWSON MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE APPROVING THE REZONE REQUEST. MOTION CARRIED UNANIMOUSLY. Ik8• CLOSED RECORD REVIEW OF THE PLANNING BOARD'S RECOMMENDATION TO APPROVE THE REQUEST BY THE EDMONDS PUBLIC FACILITIES DISTRICT FOR A REZONE OF THE PROPERTY LOCATED AT 410 4 ""' AVENUE NORTH FROM PUBLIC (P) TO RM -1.5 This agenda item was continued to the meeting of June 17, 2003 at the request of the applicant and approved by the Council President. 9. AUDIENCE COMMENTS There were no members of the audience present who wished to address the Council. 10. MAYOR'S COMMENTS Mayor Haakenson had no report. 11. COUNCIL COMMENTS There were no Council comments. With no further business, the Council meeting was adjourned at 9:07 p.m. G Y HYKENSON, MAYOR SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes May 6, 2003 Page 1 I -� AGENDA ` = EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5th Avenue North 7:00 - 10:00 p.m. MAY 612003 6:30 p.m. - Executive Session Regarding a Legal Matter* The Executive Session will be held in the Jury Meeting Room. 7:00 p.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 April 29, 2003. (C) Approval of claim checks #62440 through #62519 for the week of April 28, 2003, in the amount of $94,753.20. Approval of payroll direct deposits and checks #35524 through #35610 for the period April 16 through April 30, 2003, in the amount of $763,061.91. (D) Authorization for the Mayor to sign contract with the Edmonds -South Snohomish County Historical Society for the Edmonds Garden & Summer Markets. (E) Authorization for the Mayor to sign contract with the Edmonds Arts Festival , Association for the Arts Festival. 3. (45 Min.) Pedestrian Safety Improvements at Dayton and Main Street.* *Public comment will be invited. 4. (30 Min.) Public Hearing on the Six -Year Capital Improvement Program (2003 - 2008). 5. (30 Min.) Public Hearing on the Planning Board recommendation to amend the Edmonds Community Development Code (ECDC) regarding Neighborhood Day Care Facilities. The proposed amendment would (1) bring the ECDC into compliance with state law by increasing the permitted number of children in neighborhood day care facilities to twelve, and (2) expand the neighborhood day care definition to include the care of elderly or disabled persons. (File No. CDC- 03 -17). Page 1 of 2 CITY COUNCIL MEETING AGENDA May 6, 2003 Page 2 of 2 6. (15 Min.) Public Hearing on Ordinance No. 3445 adopted pursuant to RCW 35A.63.220; adopting an interim zoning regulation imposing a moratorium on the processing of permit and license applications for the establishment of opiate substitution treatment service provider facilities within the City. 7. (15 Min.) Closed Record Review of the Planning Board's recommendation to approve the request by the City of Edmonds for a rezone of the property located at 8505 Bowdoin Way from Public (P) to RM -2.4.* *This matter is a Closed Record Review, per state law only parties of record may speak. 8. The following agenda item has been continued to the meeting of June 17, 2003 at the request of the applicant, and approved by the Council President: Closed Record Review of the Planning Board's recommendation to approve the request by the Edmonds Public Facilities District for a rezone of the property located at 410 4"' Avenue North from Public (P) to RM -1.5. 9. Audience Comments (3 Minute Limit Per Person)* *Regarding matters not listed as Closed Record Review or as Public Hearings. 10. ( 5 Min.) Mayor's. Comments 11. (15 Min.) Council Comments 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 as well as a delayed telecast of the meeting appears on AT &T Cable, Channel 21.