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03/19/1996 City CouncilI EDMONDS CITY COUNCIL APPROVED MINUTES MARCH 19, 1996 The Edmonds City Council meeting was called to order by Mayor Fahey at 7:00 in the Library Plaza Room, 650 Main Street, followed by the flag salute. ELECTED OFFICIALS PRESENT Barbara Fahey, Mayor Dave Earling, Council President Tom Petruzzi, Councilmember John Nordquist, Councilmember Roger L. Myers, Councilmember Jim White, Councilmember Gary Haakenson, Councilmember Dick Van Hollebeke, Councilmember ALSO PRESENT Nick Zitzmann, Student Representative STAFF PRESENT Art Housler, Administrative Services Director Paul Mar, Community Services Director Police Chief Tom Miller Fire Chief Michael Springer Jim Walker, City Engineer Jeff Wilson, Current Planning Supervisor Arvilla Ohlde, Parks & Recreation Manager Noel Miller, Public Works'Superintendent Scott Snyder, CityAttorney Lynne Hann, Deputy City Clerk Stephanie Goings, Recorder COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MYERS, FOR PASSAGE OF THE AGENDA. MOTION CARRIED. 2. CONSENT AGENDA ITEMS COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER HAAKENSON, FOR PASSAGE OFTHECONSENT AGENDA ITEMS. The agenda items passed are as follows: (A) ROLL CALL (B) APPROVAL OF COUNCIL RETREAT MINUTES OF FEBRUARY 23 - 24,1996 (C) APPROVAL OF MINUTES OF MARCH 6,1996 (D) APPROVAL OF CLAIM WARRANTS 47862S THRU #8026F FOR THE WEEK OF MARCH 4, 1996 IN THE AMOUNT OF $136,021.19; APPROVAL OF CLAIM WARRANTS #5093S � THRU #8147F FOR THE WEEK OF. MARCH 11, 1996 IN THE AMOUNT FOR $431,023.02; AND APPROVAL OF PAYROLL WARRANTS #6278 THRU 46590 FOR THE PERIOD FEBRUARY 16 THRU FEBRUARY '279,1996 IN THE AMOUNT OF $583,476.65 (E) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM RICH-ARD D. SHORE ($1,344.28) City Council Approved Minutes March 19,1996 Page I 6f 1,4 to pJA6K (F) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH SNOHOMISH COUNTY TO RECEIVE FUNDS FOR "YOUR TICKET TO THE ARTS" JOINT 4$.Ag ($2,500) MARKETING BROCHURE g1q, (G) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH ROB FOLSOME, OMB af-4 ev,10 STUDIO, FOR SUMMER CONCERT STAGE MANAGEMENT ($2,800) Of "I'M'f (H) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH EDMONDS CHAMBER gpffie) OF COMMERCE FOR TASTE OF EDMONDS ko,f.,� (1) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH EDMONDS ARTS FESTIVAL :rwly r5 (J) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH EDMONDS CHAMBER ,,,4 6\lr OF COMMERCE FOR JULY 4TH EVENTS (K) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH EDMONDS-SOUTH .5u,mmoz 144Aka-K SNOHOMISH COUNTY HISTORICAL SOCIETY FOR EDMONDS SUMMER MARKET ,JJ,4 (L) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT WITH THE CITY OF LYNNWOOD FOR RECYCLING COORDINATOR SERVICES Ljtjl� (M) AUTHORIZATION FOR MAYOR TO SIGN RECYCLING GRANT AGREEMENT lt Jr BETWEEN EDMONDS AND WASHINGTON STATE DEPARTMENT OF ECOLOGY "L/Yjt V / (N) AUTHORIZATION TO CALL FOR BIDS TO PURCHASE A CLEANERNACUUM e LOA.4 fAva TRUCK FOR THE PUBLIC WORKS WATER/SEWER SECTION (0) AUTHORIZATION TO CALL FOR BIDS FOR THE 1996 WATER LINE REPLACEMENT PROJECT (P) REPORT ON BIDS OPENED MARCH 12, 1996 FOR THE CITY PARK trry IMPROVEMENTS PROJECT (LOWER RESTROOM AND PARK SHELTER) AND fAhOV0A AWARD OF CONTRACT TO GARY HARPER CONSTRUCTION, INC. ($167,454.65) L. AID (Q) APPROVING EMERGENCY SERVICES COORDINATING AGENCY (ESCA) AS THE t4glif APPOINTED AGENT AUTHORIZED TO SIGN THE NEW MUTUAL AID AGREEMENT ON BEHALF OF THE CITY OF EDMONDS 3. AUDIENCE Natalie Shippen, 1022 Euclid, Edmonds, expressed her concern about the Ferry System moving the rg overhead shed (if built) to its new location, and was interested in who would be paying 35% of the .0,7tx moving costs that the Ferry System will not pay. She suggested that there should be a Sunset Date set on moving the shed since this was an unusual situation, and also that the shed might not be needed if one of the new Jumbo Ferries was used that already meets ADA requirements. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, referred to the newest RTA report and an article in the Seattle Times suggesting that the majority of commuters do not work in Seattle, but rather on the east side. Mr. Rutledge also expressed his concern about traffic/speed of motorists in the area and mentioned two recent accidents on March 12 and March 15. M City Council Approved Minutes March 19,1996 Page 2 Rosemary Schuman, 9110 188th Street SW, Edmonds, expressed her interest in a musical group that played at the Arts Festival in 1993 and 1994, but wasn't at the Arts Festival last year. She stated that she hoped that it could be looked into and arrangements made for the group to play at future Arts Festivals. j,J6 4 HEARING TO CONSIDER AN APPROXIMATELY $9,275,000 PUBLIC —SAFETY BON lab PROPOSITJON TO HE PLACED BEFORE THE CITIZENS OF EDMONDS FOR A VOTE ON sooy THE MAY 21, HALL0 614 rJ -PAP Mayor Fahey introduced the hearing and reviewed the hearing procedure and timeline. She then introduced Council President Earling. Council President Earling shared the staff s findings that in 1961 when the current Public Safety facility was built the population of Edmonds was 8,500 compared with the current population of 36,100. At that time, the land mass inside City limits was approximately a third the size it is today. Also in 196 1, the City had about 40 full-time employees, and today, Edmonds has 238 employees, and is the second largest city in Snohomish County. In 1961 Edmonds had 16 staff members within the police department and hired the City's first 4 firemen. Today, there are 56 police and related staff and 41 making up the fire department staff. The current facilities that house Public Safety are for the most part the same as they were in 196 1, with the exception that one fire station was recently condemned. The police and fire facility in the downtown area has 4 times the number of employees attempting to work there as there were in 1961. Council President Earling stated that the City Council has taken an organized approach, over the past several years, to take care of the inadequate City facilities. The Public Works Building, funded in part by a utilities tax, and the Edmonds Financial Center to house the Planning, Engineering, Administration, Finance, and City Clerks' Office, are results of this planning process. Purchasing the Financial Center represented a savings to the taxpayer of about 2 million dollars over new construction costs. The last piece that is needed by the City is a Public Safety Building and the Council is united in its commitment to this facility. Mr. Earling asked for everyone's' support as they move forward on this issue. Mayor Fahey stated that she agreedwith Mr. Earling. She stated that she was appalled as she learned the conditions that the City employees work in; the inadequacies of the space, and the danger that they are placed in, especially in light of the fact that they are the people who respond to the citizens of Edmonds in an emergency. Mayor Fahey expressed her commitment to help find a solution, and felt that the work that has been done up until now has been very cost affordable and realistic. The Public Safety Bond is an economical and sensible plan to resolve the space needs of the Public Safety Division in Edmonds, which has been woefully overlooked for a very long period of time. She expressed her pride in the current plan and stated that it is the absolute best solution for this problem. Chief Miller and Chief Springer have worked together to assess their needs to provide adequate space for today, and include the option for expansion in the future. Mayor Fahey then encouraged all citizens to listen intently to the presentation, ask any question that they may have and then to support this plan. She then introduced Paul Mar. Paul Mar, Community Services Director, presented sketches of the Civic Center Campus. Mr. Mar stated that since the Fire Station at Five Comers has been abandoned due to condemnation, the replacement of that Fire Station has been incorporated into this project. He discussed the current conditions in the Public Safety Building and pointed out that these were not secure or safe areas for anyone; staff, clients, or citizens. Mr. Mar stated that this plan is for space that is needed now and not in the future. He then presented. information which reflected the costs for 30,000 square feet for the Police and Court functions, and two fire stations, one at the Civic Center, and one to replace the station at Five City Council Approved Minutes March 19, 1996 Page 3 Corners, which are both approximately 7,400 square feet. Building construction costs are estimated to be $3.4 million for the police/courts building and $1.7 million for the two fire stations, for a total of $5.1 million. Site preparation with a major demolition at the Civic Center, will be approximately $400,000, site development costs should be about $1.6 million, of which $400,000 is for storm water retention which is now required by law. Total site work and construction (hard) costs for this project is $7 million dollars. In addition, the soft costs for furnishings, state sales tax, contingency, fees/permits and other costs of developing the project bring the total estimated cost to $9,300,000. This project will comply with all the codes of the City of Edmonds, and no variances will be required. Art Housler, Administrative Services Director, introduced Dick Ellers, with Seattle -Northwest Securities, and Lee Voorhees, bond attorney from Foster, Pepper and Sheffleman. Mr. Housler explained the assumptions which were used in putting the financial projections together. The bond issue term will be 20.5 years, the principal amount will be $9,275,000, interest amount will be $7,823,000, the bond issue date will be July 1, 1996, and bond issue payments will be made on June I and December 1. Mr. Housler stated that the cost to the citizens would be 30 cents per $1,000 of assessed value. Therefore, on a $100,000 home the cost would be $30.00 per year for the 20.5 year period with no increase during that time. Mayor Fahey opened the public portion of the hearing. Beverly Lindh, 945 Maple Street, Edmonds, related an incident that took place 2 1/2 years ago when she went into the police station for the first time. After seeing the working conditions of the employees, with file cabinets everywhere, poor lighting and very little air circulation, she was both appalled and embarrassed that as a citizen of Edmonds, she was providing those working conditions. Ms. Lindh state that it was the responsibility of citizens to provide decent work facilities for those people who work for the citizens of Edmonds. I Ray Albano, 21916 76th Ave West, Edmonds, stated that as a senior citizen on a fixed income he looks very closely at property taxes, but that he was interested in Public Safety and Quality of Life in Edmonds and he was shocked by the facilities the employees of Edmonds Police and Fire work in. He stated that these are the people who maintain much of the quality of life in Edmonds. Mr. Albano thanked the Fire Chief and Police Chief for the good work their departments provide and stated his support. He urged other senior citizens to support this Bond Issue because it is necessary. Dan Prinz, 11110 Berry Lane, Woodway, stated that he has been involved with the City and the Civic Building since 1968 when he became a Police Officer with the City. At that time the facility was crowded and it seemed that every few years they had to move walls and extend out into the lobby. There was and is no air circulation in the building. In the summertime it gets to be 85-90 degrees in the building. In those conditions, people can't work and have to go home early. In*the wintertime it was too cold, causing people to use space heaters in their work areas. From time to time, fuses would blow. There was a lot of sickness and a lot of sick time was being used. Mr. Prinz related stories about the building's fixtures which have been known to catch on fire, about the asbestos in the ceiling, and the inadequate fingerprinting area where prisoners would walk by, causing a potentially dangerous situation. The detectives have no private area for interviews or confidential telephone conversations. Mr. Prinz voiced his support and urged everyone's support as well. Bob Schmitt, 9118 Olympic View Drive, Edmonds, stated that he was President of Local 1828 the Edmonds Professional Firefighters, with 37 members of the Fire Department. One year ago, Captain Bill I City Council Approved Minutes March 19,1996 Page 4 Angel died of cancer, determined to be caused by toxic and deadly smoke he had been exposed to over the years while serving in the Edmonds City Fire Department. Captain Angel received a Medal of Honor, the highest honor, from the International Association of Firefighters. Mr. Schmitt explained that he brought this up to let the citizens know that Edmonds Firefighters have and will continue to make personal sacrifices to protect and serve the City. In return, they ask that citizens provide firefighters with the best and safest fire equipment so they can fight fires, the best and most advanced first aid equipment so they can help citizens in medical emergencies, and proper tools to assist people involved in accidents. Firefighters also need a safe and efficient roof over their heads, they cannot be the best if they are in cramped, outdated or unsafe facilities. They cannot be the best when they suffer through 80-90 degree living quarters, cannot be the best when members of the department are on sick leave or prescribed medication for sinus infections due to the poor ventilation system. The Firefighters also cannot be at their best when they are under a pile of rubble from an earthquake because the Public Safety Building was not safe. Mr. Schmitt asked for the citizens of Edmonds to support this bond issue so the fire department can continue to help whenever called upon. Bruce Witenberg, 8725 Madrona Lane, Edmonds, expressed his support of the Public Safety Bond issue, and stated that he had met with both Chief Springer and Chief Miller and found them to be excellent leaders. Mr. Witenberg stated that he had been a participant in a number of Chief Miller's citizen round tables and had an opportunity to meet many of the officers. He also was given the opportunity to tour the Public Safety Building and was appalled by what he saw. He felt that forcing the Police and Fire Departments to continue to operate out of antiquated, inadequate, and unsafe facilities is not only badfor morale but could adversely impact the safety of the community. The cost of the bond issue to the citizens is nominal in comparison to the benefits that would be received in return. He stated the City has the personnel to do the job, and now they need the facilities that both they and the community deserve. Douglas Steiner, 19807 80th Place West, Edmonds, presented a chart to Councilmembers. Mr. Steiner stated that he moved to Edmonds in 1975 and has enjoyed living here, and that he agreed with almost everything that had been said except the way that the bond was to be financed. He stated that in the past 20 years he has had a 600% increase in his property taxes. He explained the difference in budgets for departments from 1976 to present day. Mr. Steiner requested that the Council consider taking the money out of the budget instead of raising property taxes. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, pointed out that this would not be the only bond citizens of Edmonds would have on their tax bill, and that the Council should take that into consideration. Bob Noack, 317 3rd Ave South, Unit #103, Edmonds, stated he has lived and worked in the community for many years and supports giving the police and fire departments a new, more efficient and well deserved home. Mr. Noack stated that after reviewing his past tax bill, and that portion which goes to the City, he found that the City has not levied the full portion that would be allowed by law, thus saving him money. He felt that, in a way, this was just giving the City the money they could have asked for over the last 10 years to build a new home for the police and fire so they can protect citizens. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMEBER MYERS TO EXTEND THE HEARING. Motion carried. David Page, 1233 Olympic View Drive, Edmonds, related an experience he had in 1992 with the Shift Change Room, a space about the size of a medium-sized walk -in -closet. When the shift changed, about City Council Approved Minutes March 19,1996 Page 5 25 officers would try to do business and get ready as well as get ready for their shift. He also noted that the area for females to change consisted of a space created by moving a couple of file cabinets aside. He then toured the fire department where he found it to be 93 degrees at 7:00 p.m., in the area where officers were expected to sleep so they could respond quickly to an emergency. This experience moved him to start working on the problem, and he explained that the first draft which was brought to the City Council was in the amount of $20,000,000. Obviously, this plan was rejected quickly. Mr. Page thought they had worked hard to get to that figure. He stated since then, the Council, Mayor, Citizens Committee and Administrators have worked hard to get to this bare -bones figure. Mr. Page- stated that the Citizens Committee needed to raise $20,000 for this issue in the public sector, and that the City cannot do it. He quoted from the survey that 90% of the people said they were in favor of the police and fire department, 91% said they would pay more to have the same level of service, but 65% said they were not aware of the problem. Mr. Page stated that it is necessary to make people aware, and asked people to call 776- 2151 if they can help. Mayor Fahey then closed the public portion of the hearing. Mayor Fahey commented on the fact that the City has maintained the facilities but they have been assured that the building is not salvageable. She stated there is no choice but to move forward with the best plan that could possibly be created and make it happen for the good of the people who serve the City and the people being served. Mayor Fahey thanked the Citizens Committee, and Aria Jackson for helping move this project along. She also stated that this was the ultimate time to do this because of the interest rates, and a significant amount of money will be saved by doing this now. Any delays will make the total price of the project continue to go up. Councilmember Petruzzi stated that this was something that was needed now, rather than sometime in the future, and that the current situation is desperate. The Council has worked on this for many years and what has been brought forward is the culmination of alot of hard work by alot of people. Councilmember Petruzzi expressed the Council's commitment to saving money, getting the most out of the citizens tax dollars. He also addressed the issue of taking the money out of the budget and stated that the Council had already taken $5,000,000 for the purchase of the Financial Center, and the funds are simply not available to cover this type of expenditure. He reminded everyone that a 60% yes vote will be required to pass the bond issue. He then suggested that a mail -in ballot would be the best way to give as many people in the community the ability to vote for the bond issue. Art Housler introduced Bond Attorney Lee Voorhees, of Foster, Pepper and Shefflemen, who addressed the Council on the draft of the bond ordinance. He stated that since Mr. Petruzzi expressed his wish to see this as a mail -in ballot, and if that is the case, there will be a few changes in language that need to be made to the ordinance to conform with the expectations of the Snohomish County Auditor's office. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO AUTHORIZE THE FINALIZATION OF A BALLOT PROPOSITION ORDINANCE FOR A $9,275,000 BOND ISSUE TO BE PLACED ON THE MAY 21, 1996 BALLOT WITH THE APPROPRIATE LANGUAGE IN THE ORDINANCE THAT WOULD CALL FOR A MAIL BALLOT. MOTION CARRIED. COUNCILMEM13ER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER. MYERS, TO AUTHORIZE THE PREPARATION OF A BOND BALLOT RESOLUTION TO BE FILED IN SNOHOMISH COUNTY AND SUBMIT BOTH THESE DOCUMENTS TO CITY COUNCIL ON MARCH 25,1996. MOTION CARRIED. I City Council Approved Minutes March 19,1996 Page 6 Mayor Fahey stated that with the timeline, passing this ballot was going to take a Herculean effort since the ballot would be put in the mail on May 3, so that although the closing date is May 21 when the ballots will have to be postmarked, the voting public will receiving them at the first of the month. Which means there will only be a month to put this out to the citizens of Edmonds. Mayor Fahey expressed her regret of not having the television camera/tape (due to technical difficulties) of the presentation and support of this ballot that was shown here tonight. Councilmember Van Hollebeke, expressed his support for the bond as well as his regret at not being able to attend next week's meeting. A five minute break was taken at 8:37 p.m. 5. HEARING ON APPEAL By THE APPLICANT OF THE HEARING EXAMINER'S DECISION- TO APPROVE A PROPOSED SET13ACK VARIANCE (FRE NO, V-95-175) SUBJECT TO A CARI�6 4 9 REDUCTION IN THE REQUESTED VARIANCE, FOR THE CONSTRUCTION OF A A0V PROPOSED DECK ADDJTION TO AN EXISTJNG SINGLE-F-ANMY RESIDENCE LOCATED AT 7804 171ST STREET SOUTHWEST (Applicant/Appellant: -Loren Larson/ File No. AP-96-8). Continued from the meeting of 2/20/96. Mayor Fahey opened the hearing and asked if any Councilmembers had anything to declare. Councilmember Haakenson stated that he lives near the site but has no other knowledge or relation to it. Jeff Wilson, Current Planning Supervisor, presented sketches of the property and stated that the Planning Department has reviewed all materials from the Hearing Examiner. He stated that the main issue was whether the applicant would be deprived of reasonable use of 'his property, Mr. Wilson explained that the purpose of a variance is to allow property owners the ability to modify a setback through bulk standards in order to have reasonable use of the property. The sketches showed that the site is a fully developed single-family residence with a large deck addition already on the site. The Hearing Examiner would still allow for decks to be built on the site but not at the level requested by the appellant. The total request was for approximately 442 square feet, and based on the Hearing Examiner's modified decision, 366 square feet of deck would be allowed. Scott Snyder, City Attorney,'stated that the purpose of a variance is to provide relief from the City's setbacks and that a variance is to be based on topography and issues relating to the property, rather than an individual's use of a property. Councilmember Haakenson asked about the topography on the southern portion of the deck. Jeff Wilson responded that he could not testify to that as he has not viewed the property, but typically there may be some slight change in the topography, however, they generally look for a change with the magnitude of a ravine occurring on a property rather than some slight change in the topography. Scott Snyder, City Attorney asked what the standard height of a fence an individual can construct without pursuing a variance is. Jeff Wilson informed him it was 6 feet. Councilmember Van Hollebeke, asked Jeff Wilson if this was a replacement of a deck that had deteriorated over the years. Jeff Wilson stated that only portions of it are in need of repair and that other portions were new construction. City Council Approved Minutes March 19, 1996 Page 7 Loren Larsen, 7804 171st Street SW, Appellant, presented an overhead of the site and also slides of the property and where the proposed deck would go. Mr. Larsen quoted from the Hearing Examiner's Decision, page 6 ... "If the deck is reduced in size along the western side, adequate provisions will be made to protect the privacy of the neighbors to the west." Mr. Larsen contends that this is not really an issue of privacy. He showed slides of the property and the area in questions, and stated that he felt there was no concern for privacy. He also pointed out that there is more privacy when the leaves are on the trees. Mr. Larsen also requested an explanation as to why there was a change from the original decision. Scott Snyder, City Attorney, questioned the maximum height of the proposed deck, about the portion of the deck where the hot tub would be located, and which feature or characteristic of the lot requires the variance for the deck. Mr. Larsen stated that the extreme setbacks were the reason for the variance because the current setback would be 4 feet inside his house. Mayor Fahey opened the public portion of the hearing. John Oberuaga, 4531 153 Place SW, Edmonds, stated he was attending the meeting to represent his father-in-law, Mr. Christopholos, who is the neighbor at 17017 Talbot Road directly to the west of the applicant. Mr. Oberuaga passed pictures first to the applicant and thento the Council. Mr. Oberuaga stated that everyone around the house can look down on the property and that the issue for the neighbors was that by bringing the deck so close to the property line, it is imposing more on their privacy because it has the effect of your neighbors hovering over you. He stated that the fire code setbacks are put in for a reason and they would like to see them maintained and the Hearing Examiners decision upheld. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, spoke as a citizen of interest and suggested that the timing of the event was off since the Planning Department also presented their case at the last meeting. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY MYERS, TO EXTEND THE HEARING. MOTION CARRIED. Mayor Fahey closed the public portion of the hearing and remanded back to Council. Councilmember Petruzzi inquired from Mr. Wilson about Mr. Vinish's comment at the Hearing Examiner's hearing. Mr. Wilson suggested that after going back over all the records and all the facts, that the Hearing Examiner had made the right decision and the Planning Department was in favor of upholding that decision. Councilmember Petruzzi reminded the Council of the minimum requirements for granting a variance, and stated he did not feel these requirements were being met so he would vote to deny the appeal. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MYERS, TO DENY THE APPEAL AND UPHOLD THE HEARING EXAMINERS DECISION IN EXHIBIT 1. MOTION CARRIED WITH COUNCILMEMBER VAN HOLLEBEKE VOTING NO. 6. HEARING ON ORDINANCE NO. 3075 ESTABLISHING A SIX-MONTH EXTENSION OF A MORATORIUM ON PERMITTING OR APPROVAL OF ANY ANTENNA OR TORE STRUCTURE FOR THE USE IN CELLULAR TELEPHONE ACTIVITIES, EXEAWTING ANY RECEIVING OR TRANSMITTING ANTENNA STRUCTURE REGULATED 13Y THE FCC AND WHICH THE CITY IS PREEMPTED FORM REGULATING (Eile No. CDC-95-62) Jeff Wilson, Current Planning Supervisor, stated that the staff has followed the directions given by Council and formed an Ad Hoc Committee to study the issue and prepare an ordinance for adoption. The recommendations have been forwarded to the Planning Board and they will be holding a hearing on the City Council Approved Minutes March 19,1996 Page 8 draft on March 27. But unfortunately, by the time they would get through this process it would not occur until expiration of the current moratorium. Mr. Wilson stated that the City Attorney has prepared the extension of the moratorium to allow time for the amendment to be completed. Scott Snyder, City Attorney, suggested that since a number of the Councilmembers were not on the Council at the time the moratorium was adopted, he would ask that the Council take official notice of the findings of the last hearing to be made part of the record. Mayor Fahey informed the Council that as a result of the New Communications Act that has been recently passed there are several issues that need to be incorporated into the amendment regarding the placement of cellular towers and other issues involving cellular towers. Mayor Fahey then opened up the public portion of the hearing. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, suggested that in some areas cellular towers are being put in with large trees to shield them, and he didn't see a problem with doing that. There being no further comments, the public hearing was closed. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER MYERS, FOR PASSAGE OF ORDINANCE 3075 ESTABLISHING A SIX-MONTH EXTENSION OF THE EXISTING MORATORIUM ON THE PERMITTING OR APPROVAL OF ANY ANTENNA OR TOWER STRUCTURE FOR THE USE IN CELLULAR TELEPHONE ACTIVITIES, EXEMPTING ANY RECEIVING OR TRANSMITTING ANTENNA STRUCTURE REGULATED BY THE FCC AND WHICH THE CITY IS PREEMPTED FROM REGULATING, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. MOTION CARRIED. 7. HEARING ON ORDINANCE NO. 3076 PROPOSING AMENDMENTS TO EDMONDS COMMUNITY DEVELOPMENT CODE CHAPTER 20.00 TO ESTABLISH A PROCESS. AS OPP REQU 0 1;.4 -JRED BY THE STATE GROWTH MANAGEMENT ACT, FOR THE PROCESSING OF -PO oplor AMENDMENTS TO THE CITY'S COMPREHENSIVE PLAN (File No. CDC-95-193) jq W P. PON ep.* Jeff Wilson, Current Planning Supervisor, stated this action was in response to being allowed to amend the Comprehensive Plan only once a year. The City Attorney's office made some suggestions which are included in the packet which modify the Planning Boards recommendation. Mayor Fahey opened the public portion of the hearing. Since no one wished to speak, the Mayor declared the public portion of the hearing closed and remanded it back to Council. COUNCILMEMMER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER MYERS, FOR PASSAGE OF ORDINANCE 3076. MOTION CARRIED. 8. MAY Mayor Fahey asked for approval to sign the commission for Linda Goodrick to serve in lay position No. 6 on the Architectural Design Board. She also reviewed Ms. Goodrick's qualifications and the process that was followed by Ms. Goodrick in applying for this position. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO COMMISSION LINDA GOODRICK TO THE ARCHITECTURAL DESIGN BOARD. MOTION CARRIED. City Council Approved Minutes March 19, 1996 Page 9 Mayor Fahey informed the Council that she learned that the property appraisal for LID 214 would not be complete by the scheduled April 2 meeting and that hearing needs to be continued to the April 16 meeting. Alq COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER MYERS TO op pig MOVE THE HEARING FOR LID 214 TO APRIL 16,1996. MOTION CARRIED. Mayor Fahey then extended an invitation to the public to attend the first public workshop on the design of Brackett's Landing Park South on Tuesday, March 26, from 6 to 8 p.m. in the Library Plaza Room. 'Pto pftt The Mayor then issued a proclamation proclaiming April 1-7, 1996, Public Health Week in Edmonds. Of' Viol- 9. COUNCIL Council President Earling reminded the Council that next week's meeting would be held on Monday, March 25. He also stated that per the Council Retreat, the Council wanted to hear Committee Reports on the third Tuesday of each month following the committee meetings on the second Tuesday and asked the City Clerk for help in making sure these were scheduled. Student Representative Zitzmann announced the Edmonds Woodway High School's Annual Musical, which is Bye Bye Birdie, which will be performed on March 28, 29, 30 at 7 p.m. and March 31 at 3 p.m. in the Little Theater, and asked that everyone come to see the play. Councilmember Haakenson announced that the Salary Task Force Committee has a new name which is the Comprehensive Human Resource Committee (CHRC) which has been meeting weekly. 0 j4t,01� COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCILMEMBER MYERS, TO 6 6tjr,_e EXCUSE COUNCILMEMBER PETRUZZI'S ABSENCE LAST WEEK. MOTION CARRIED. 4 S Councilmember Petruzzi inquired of City Attorney, Scott Snyder, if there was any new information or legislation regarding campaign signs that are in right-of-ways. Mr. Snyder stated that one of the few things that the City can do is enforce clean-up of the signs after an election, but the City cannot prohibit signs on private property. Councilmember White asked about the block that was to be added to the header of the agenda sheet that was suppose to indicate if the item had been reviewed by a Council Committee. Mayor Fahey stated that they were having difficulties knowing whether an item had come from committee and that the Clerk's Office was trying to work out a process for this. Mayor Fahey also suggested that if the Committee Chair could make a notation on the item it would help in the process. Councilmember Van Hollebeke expressed his delight in the support that was shown for the Public Safety Bond Issue and asked that he be excused from next Monday's meeting as he would convalescing. Mayor Fahey adjourned the meeting at 9:50 p.m. BARBARA S. FAHEY,- MAYOR -SANDRA S. CHASE, CITY CLERK City Council Approved Minutes March 19,1996 Page 10 I I I I AGENDA EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street 7:00 - 10:00 p.m. MARCH 19,1996 SPECIAL MEETING CALL TO ORDER - 7:00 PX FLAG SALUTE I . APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF COUNCIL RETREAT MINUTES OF FEBRUARY 23 - 24,1996 (C) APPROVAL OF MINUTES OF MARCH 6,1996 (D) APPROVAL OF CLAIM WARRANTS #7862S THRU #8026F FOR THE WEEK OF MARCH 4,1996 IN THE AMOUNT OF $130,021.19; APPROVAL OF CLAIM WARRANTS #5093S THRU #8147F FOR THE WEEK OF MARCH 11, 1996 IN THE AMOUNT OF $431,023.02; AND APPROVAL OF PAYROLL WARRANTS #6278 THRU #6590 FOR THE PERIOD FEBRUARY 16 THRU FEBRUARY 29, 1996 IN THE AMOUNT OF $583,476.65 (E) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM RICHARD D. SHORE ($1,344.28) (F) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH SNOHOMISH COUNTY TO RECEIVE FUNDS ($2,500) FOR "YOUR TICKET TO THE ARTS" JOINT MARKETING BROCHURE (G) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH ROB FOLSOME, OMB STUDIO, FOR SUMMER CONCERT STAGE MANAGEMENT ($2,800) (H) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH EDMONDS CHAMBER OF COMMERCE FOR TASTE OF EDMONDS (1) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH EDMONDS ARTS FESTIVAL (J) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH EDMONDS CHAMBER OF COMMERCE FOR JULY 4TH EVENTS (K) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY FOR EDMONDS SUMMER MARKET (L) AUTHORIZATION FORMAYOR TO SIGN INTERLOCAL AGREEMENT WITH THE CITY OF LYNNWOOD FOR RECYCLING COORDINATOR SERVICES (M) AUTHORIZATION FOR MAYOR TO SIGN RECYCLING GRANT AGREEMENT BETWEEN EDMONDS AND WASHINGTON STATE DEPARTMENT OF ECOLOGY (N) AUTHORIZATION TO CALL FOR BIDS TO PURCHASE A CLEANERIVACUUM TRUCK FOR THE PUBLIC WORKS WATER/SEWER SECTION (0) AUTHORIZATION TO CALL FOR BIDS FOR THE 1996 WATER LINE REPLACiMENT PROJECT CITY COUNCIL MEETING AGENDA MARCH 19,1996 PAGE 2 (P) REPORT ON BIDS OPENED MARCH 12,1996 FOR THE CITY PARK IMPROVEMENTS PROJECT (LOWE REST ROOM AND PARK SHELTER) AND AWARD OF CONTRACT TO GARY HARPER CONSTRUCTION, INC. ($167,454.65) APPROVING EMERGENCY SERVICES COORDINATING AGENCY (ESCA) AS THE APPOINTED AGENT AUTHORIZED TO SIGN THE NEW MUTUAL AID AGREEMENT ON BEHALF OF THE CITY OF EDMONDS 3. AUDIENCE (3 minute limit per person) 4. (45 Min.) HEARING TO CONSIDER AN APPROXIMATELY $9,275,000 PUBLIC SAFETY BOND PROPOSITION TO BE PLACED BEFORE THE CITIZENS OF EDMONDS FOR A VOTE ON THE MAY 21,1996 BALLOT 5. (20 Min.) HEARING ON APPEAL BY THE APPLICANT OF THE HEARING EXAMINER'S DECISION TO APPROVE A PROPOSED SETBACK VARIANCE (FILE NO. V-95-175) SUBJECT TO A REDUCTION IN THE REQUESTED VARIANCE, FOR THE CONSTRUCTION OF A PROPOSED DECK ADDITION TO AN EXISTING SINGLE- FAMILY RESIDENCE LOCATED AT 7804 171ST STREET SOUTHWEST (Applicant/Appellant: Loren Larson / File No. AP-96-8). Continued from the meeting of 2/20196. 6. (5 Min.) HEARING ON A PROPOSED ORDINANCE ESTABLISHING A SIX-MONTH EXTENSION OF A MORATORIUM ON PERMITTING OR APPROVAL OF ANY ANTENNA OR TOWER STRUCTURE FOR THE USE IN CELLULAR TELEPHONE ACTIVITIES, EXEMPTING ANY RECEIVING OR TRANSMITTING ANTENNA STRUCTURE REGULATED BY THE FCC AND WHICH THE CITY IS PREEMPTED FROM REGULATING (File No. CDC-95-67) 7. (10 Min.) HEARING ON PROPOSED AMENDMENTS TO EDMONDS COMMUNITY DEVELOPMENT CODE CHAPTER 20.00 TO ESTABLISH A PROCESS, AS REQUIRED BY THE STATE GROWTH MANAGEMENT ACT, FOR THE PROCESSING OF AMENDMENTS TO THE CITY'S COMPREHENSIVE PLAN (File No. CDC-95-193) 8. (5 Min.) MAYOR 9. (15 Min.) COUNCIL I Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at 771-0245 with 24 hours advance notice for special accommodations. The Council Agenda appears on Chambers Cable, Channel 32. Delayed telecast of this meeting appears the following Wednesday, Friday and Monday at noon on Channel 32.