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01/21/1997 City CouncilAgenda Amended Approve Minutes Approve Year -End Claim Wan -ants EDMONDS CITY COUNCIL APPROVED MINUTES JANUARY 21, 1997 The Edmonds City Council meeting was called to order at 7:00 p.m. by Council President Earling in the Library Plaza Room, 650 Main Street, followed by the flag salute. ELECTED OFFICIALS PRESENT Barbara Fahey, Mayor (arrived 7:03 p.m.) Dave Earling, Council President Tom Petruzzi, Councilmember John Nordquist, CouncilmeJriber Roger L: Myers, Councilmember Jim White, Councilmember Dick Van Hollebeke, Councilmember Gary Haakenson, Councilmember ALSO PRESENT Robbie Cuningham, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Michael Springer, Fire Chief Greg Wean, Assistant Police Chief Paul Mar, Community Services Director Jeff Wilson, Current Planning Supervisor Noel Miller, Public Works Superintendent James Walker, City Engineer Rob Chave, Planning Manager Scott Snyder, City Attorney . Jana Spellman, Council Resource Person Sandy Chase, City Clerk Jeannie Dirges, Recorder Council President Earling reported there had been a request to move Item #6 further down on the agenda as Karen Kirkpatrick of Metricom had a conflict and was not able to be at the meeting until 8:30 p.m. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER . HAAKENSON, TO MOVE AGENDA ITEM #6 TO #9A, FOLLOWING THE HEARINGS. MOTION CARRIED. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER MYERS, FOR APPROVAL OF THE AGENDA AS AMENDED. MOTION CARRIED. 2. CONSENT AGENDA ITEMS COUNCILMEMBER VAN HOLLEBEKE ; MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR APPROVAL OF THE "CONSENT AGENDA AS. PRESENTED. MOTION CARRIED. The agenda items passed are as follows: (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF JANUARY 14, 1997 (C) APPROVAL OF YEAR END 1996 CLAIM WARRANTS #12235 THRU #14877 IN THE AMOUNT OF $35,696.05 Edmonds City Council Approved Minutes January 21, 1997 Page 1 (D) APPROVAL OF CLAIM WARRANTS #12234 THRU #15016 FOR THE WEEK OF JANUARY 13, 1997, IN THE AMOUNT OF $233,210.66; AND APPROVAL OF PAYROLL WARRANTS #14546 THRU #14737 FOR THE PERIOD JANUARY 1 THRU JANUARY 15,1997, IN THE AMOUNT OF $428,908.06 (E) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM MICHAEL E. SALO (Amount Undetermined), MELODY BLOCK-BLAKEMORE ($1 Million), MARVIN E. SMITH (Amount Undetermined), PATRICIA J. DONOHUE ($159.00), REBECCA J. BOWLING ($988.61), EARL M. PINTER ($593.27), AND CARL J. CARUTHERS ($967.84) (F) ACCEPTANCE OF STORM DRAINAGE EASEMENT FROM SCOTT HIGHLAND AT 21821 92ND AVENUE WEST, AND LINDA AND GARY MOORE AT 21823 92ND AVENUE WEST (G) AUTHORIZATION FOR MAYOR TO SIGN AMENDMENT TO FIRE COMMAND AGREEMENT (H) AUTHORIZATION TO PURCHASE SHOP EQUIPMENT FOR TREATMENT PLANT FROM PACIFIC INDUSTRIAL ($5,733) (I) APPROVAL OF VEHICLES TO BE PURCHASED FROM . THE STATE OF PURCHASE CONTRACT 3. AUDIENCE Al Rutledge, 7101 Lake Ballinger Way, Edmonds, cautioned citizens to invest carefully and encouraged them to shop Edmonds. He planned to research the Council's salary in other cities and suggested the Council consider a budget increase if Councilmember salaries were not consistent with other cities. He noted Seattle's Council receives a salary of $75,000 and has two assistants. Elaine Poffenroth, 631 13th Way, Edmonds, explained she was a sympathetic neighbor to the residents of Paradise Lane. She expressed concern with the dangerous condition caused by back -out parking at the Washington Credit Union. She suggested the City determine who owns the wooded area adjacent to the Credit Union and ascertain if that area could be improved. She also, suggested the fence behind the Credit Union be lowered to eliminate that area as a hiding place for thieves. Ardell Morgan, 619 Paradise Lane, Edmonds, explained the Washington Credit Union property has been a church, the Driftwood Players, a Dairy Queen, and a Real Estate Office. Many customers back out next to her fence because the road is very narrow. The Credit Union suggested she install a walkway to provide pedestrian safety at a cost of $4,000. Although the Mayor and City 'staff have been very understanding, she questioned what could be done as this situation is "an accident waiting to happen." She suggested someone measure the width of the lane. Mayor Fahey advised Paul Mar, Community Services Director, is reviewing this matter in an effort to find a resolution. Mel Critchley, 705 Driftwood Place, Edmonds, commented that it was foolish to run a commuter train on the Burlington Northern line. He noted there is a great deal of interest in train issues nationally but little interest locally. He stated that the dangers—slides, cars hit at, intersections, and blind site distances—indicate a need for slower speed limits. He felt it was "ridiculous" to give $200,000 to the RTA when a new track can be built on.the I-5 corridor for less money. He read an article regarding the Edmonds City Council Approved Minutes January 21, 1997 Page 2 FRA officials and said an upcoming bill, HR3578, will reform safety practices of the railroad industry to prevent railroad fatalities, injuries, hazardous material releases, and other purposes. Rich Demeroutis, 921 Pine Street, Edmonds, referred to a statement in the letter he received from Mayor Fahey dated January 2, 1997, regarding the Financial Center Building. The statement indicates that the Council knew the structural issues related to the building and they were fully disclosed prior to the purchase. Mr. Demeroutis requested that information be provided to him and questioned whether the Planning Board knew about the structural problems. He said there was a conflict between the information in Mayor Fahey's letter and the May 16, 1995, Council meeting minutes regarding whether upgrades to the Financial Center would be necessary. He submitted a copy of Mayor Fahey's letter for the record and letters to the Councilmembers who had not responded to his letter of December 22. He noted the City is paying $5.4 million for a building that was to be a $5 million project; a building that cost $4.5 million new. 4. INTRODUCTION OF STUDENT REPRESENTATIVE ROBBIE CUNINGHAM Councilmember Myers explained when the Council adopted the Student Representative Program, it was agreed the assignments would be divided between Edmonds-Woodway (January - June) and Meadowdale (July - December) High Schools. The program was developed to allow the Council to hear the viewpoint of the City's youth and provide students an opportunity to learn about City government. He introduced the new Student Representative, Robbie Cuningham, who is a senior at Edmonds- Woodway High School. Mr. Cuningham described his school activities, thanked the Council for the opportunity and said he looks forward to working with the Council. Mayor Fahey and Council President Earling encouraged him to join in discussions. 5. REPORT ON PRIOR WEEK'S COUNCIL COMMITTEE MEETINGS COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER HAAKENSON, TO MOVE ITEM #5 TO NEXT WEEK'S AGENDA. MOTION CARRIED. Council President Earling explained the Council had a special presentation to make tonight. A few weeks ago Councilmember Nordquist was not able to attend a Council meeting because he was celebrating his 65th birthday. In addition, 1997 represents 30 years of service to the City Council. Council President Earling thanked Councilmember Nordquist for his devotion to the community and expressed his appreciation to him and his family. Mayor Fahey echoed Council President Earling's comments. Council President Earling presented Councilmember Nordquist a plaque in appreciation of his 30 years of service to the Edmonds City Council, ;from 1967 to 1997. Councilmember Nordquist thanked the Council and said he has enjoyed serving the City. He noted he also served on the Planning Board for three years before joining the Council. He reflected on _the achievements during the past 30 years such as Community Transit, the senior center, and new City buildings. He expressed his appreciation to his wife, Delores, and his family (daughter Linda and sons Pete and Jim and their families) for their patience. He commented that when he started, Edmonds' population was 17,000 and the nine page budget was reviewed in one evening. He looked forward to serving the next three years. Edmonds City Council Approved Minutes January 21, 1997 Page 3 Council President Earling declared a 15 minute recess for a reception in Councilmember Nordquist's honor. 7. HEARING ON PROPOSED VACATION OF A CONSTRUCTION AND MAINTENANCE EASEMENT FOR STREAM CHANNEL RESTORATION OF SHELL CREEK (Applicant: Edmonds Engineering Division: File No. ST -96-110 Current Planning Supervisor Jeff Wilson explained this request by the Engineering Division is for vacation of a portion of an existing construction and maintenance easement which was granted to the City as part of the stream channel restoration for Shell Creek. The easement is located on property at 850 Edmonds Street. Once the restoration was completed, the Engineering Division determined that the area of the existing easement can be reduced from a 30 -foot construction easement to a 10 -foot maintenance easement. The Planning Division reviewed the request and recommends the reduction in the easement be granted (reference Exhibit 3). City Attorney Scott Snyder advised the easement was granted without compensation to the property owners. Mayor Fahey opened the public participation portion of the hearing. There were no members of the public present who wished to address the Council. Mayor Fahey closed the audience participation portion of the hearing and remanded the matter to the Council for deliberation. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY; COUNCIL PRESIDENT EARLING, FOR PASSAGE OF ITEM 7 AS RECOMMENDED (APPROVAL OF THE REQUEST TO VACATE A PORTION OF THE CONSTRUCTION AND MAINTENANCE EASEMENT GRANTED BY WILLIAM AND JOANNE PHILLIPS IN ACCORDANCE WITH THE DECEMBER 12, 1996, MEMORANDUM FROM THE ENGINEERING DIVISION AND DIRECT THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCE TO ACCOMPLISH THE VACATION. MOTION CARRIED. HEARING ON RECOMMENDATION BY EDMONDS PLANNING BOARD TO CREATE A NEW CHAPTER IN THE EDMONDS COMMUNITY DEVELOPMENT CODE, CHAPTER 16.53 - "PLANNED BUSINESS - BP". (Applicant: Edmonds Planning Division / File No. CDC -95-139) Current Planning Supervisor Jeff Wilson explained with the adoption of the Comprehensive Plan in 1995, the City identified certain areas in the City for further review. One of these areas was the Westgate Corridor. He displayed the Comprehensive Plan vicinity map and identified the boundaries and land use designation given at that time. The Comprehensive Plan identified Westgate Corridor as "Planned Business"; however, as that designation does not currently exist in the City's Zoning Code, the City must create zoning language to implement the Comprehensive Plan designation of Planned Business for the area. He noted the Council packet includes (tornprehensive Plan goals for the Westgate Corridor, minutes of Planning Board meetings regarding this proposal, and the Planning Board's recommendation that the Council adopt this amendment to the Edmonds Community Development Code, Chapter 16.53 - Planned Business - BP. The Planning Board determined neither the BC or BN zones would accomplish the needs identified in the Comprehensive Plan for this area but a hybrid could provide the basis for developing this new Planned Business zoning designation. Mr. Wilson explained the Planning Board also considered the policies and goals of the Westgate Corridor to keep commercial activities small in scale, minimize impacts on neighborhoods as much as possible, and minimize potential traffic conflicts that may result from large scale commercial activity. Edmonds City Council Approved Minutes January 21, 1997 Page 4 Recognizing that the area is surrounded on the north and south sides by existing single family residences, small scale development was desired to be compatible with those neighborhoods as well as provide access to commercial facilities to meet some of their needs, possibly within walking distance. Permitted primary uses limit development to a single building not to exceed 5,000 square feet. Permitted secondary uses include residential uses above commercial but no density counts were included as it was felt the constraints of the lot size, building height, parking requirements, etc. would dictate the number of units. Permitted uses requiring a Conditional Use Permit include small scale retail in 5,000 to 10,000 square foot buildings. Mr. Wilson described the site development constraints, many of which were taken from the existing BN designation. Councilmember Myers clarified this hearing is to establish the Planned Business zone, not to implement the zoning in any particular area of the City. Mr. Wilson agreed. For Councilmember Petruzzi, Mr. Wilson identified the existing commercial and single family residential areas in the Westgate Corridor. Mayor Fahey opened the public participation portion of the hearing. Roger Hertrich, 1020 Puget Drive, Edmonds, referred to Exhibit 3 (memo to the Council from Mayor Fahey regarding proposed amendments to ECDC Title 16 to incorporate a new chapter entitled "Planned Business") and pointed out although automobile related uses and drive-in/drive-thru businesses are prohibited, many businesses that are permitted (i.e. video and convenience stores) likely would only be accessed by automobiles. He was doubtful a pedestrian -oriented' business area could be created thus creating more traffic in the area. He stressed the importance of getting customers. into the downtown area and pointed out this zoning also eliminates the possibility of multi -family use. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, explained his parents moved from a commercial area on Ballinger Road to their present home in 1986 and were not interested in living in another commercial area. In 1986, they opposed a business zoning next door to their present home. There are now four other business uses on the lake. He urged the Council to consider that people moving into the area likely want to get away from business activity. Jerry Sanders, 741 15th Way SW, Edmonds, said he has lived in his home for 24 years and planned on funds from the sale of his home for his "nest egg". His home was originally appraised at $180,000; it has been listed for sale for eight months and he has lowered the price to $159,500. Potential buyers are concerned with the traffic noise. Most interested purchasers are small businesses that want to move into the area. He urged the Council to approve the rezone of this area for small businesses. City Attorney Scott Snyder clarified the Council is, addressing two separate issues tonight, this hearing addresses only the creation of the Planned Business zone. The next hearing on the agenda will determine the area to be rezoned. Linda Mazzuca, 625 Paradise Lane, Edmonds, said the Planning Board did an excellent job by adding protection to areas surrounding this rezone. She pointed out there was no other choice for zoning the Westgate Corridor other than BN or BC. She supported the creation of the Planned Business zone as it . provides more protection for surrounding uses. Mayor Fahey closed the public participation portion of the hearing and remanded the matter to Council. Edmonds City Council Approved Minutes January 21, 1997 Page 5 Councilmember Petruzzi remarked creating a new Chapter, Planned Business, made sense as there were certain areas of the City where this zoning would be appropriate, particularly those areas impacted by SRI 04 traffic. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO REOPEN THE HEARING. MOTION CARRIED. For Councilmember Petruzzi, Mr. Wilson described the present zoning in the Westgate Corridor which includes single family residential, neighborhood business, and multi -family. Councilmember Petruzzi asked if the Planned Business zoning was more restrictive than Neighborhood Business. Mr. Wilson answered yes, both in the type of uses and the size of the commercial facility. Councilmember Nordquist commented on the amount of traffic on SR 104 and the additional traffic that will be created by the ,super ferries. He described the difficulty entering the roadway and suggested consideration be given to requiring turnaround space on these sites. Mayor Fahey closed the public participation portion of the hearing and remanded the matter to Council. COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO ACCEPT THE PLANNING BOARD'S RECOMMENDATION TO AMEND THE ECDC TO CREATE A NEW CHAPTER, 16.53 - "PLANNED BUSINESS" - "BP" AND ADOPT ORDINANCE 43127 AMENDING THE EDMONDS COMMUNITY DEVELOPMENT CODE. Council President Earling thanked the Planning Board for their thorough investigation of this issue. He supported this action as it was an appropriate resolution for the area. MOTION CARRIED. Mayor Fahey thanked the Planning Board, for the work they did to create this zone which will provide benefits now and in the future. 9. HEARING ON RECOMMENDATION BY THE EDMONDS PLANNING BOARD TO REZONE CERTAIN LANDS LOCATED ADJACENT TO SR -104 (EDMONDS WAYI BETWEEN APPROXIMATELY 102ND PLACE WEST AT THE EAST END, AND PARADISE LANE AT THE WEST END TO "PLANNED BUSINESS." (Applicant: Edmonds Planning Division / File No. R-95- 140. Current Planning Supervisor Jeff Wilson explained this action will , implement the adopted Comprehensive Plan which identified the Westgate Corridor as an area that should be available for small scale commercial opportunities. The Planning Board recognized, and public testimony confirmed,_ the difficulties in selling or maintaining property as a single family residence in this area. He displayed a vicinity map identifying the boundary of the original Westgate Corridor and the area the Planning Board recommends be rezoned. He displayed a map identifying the properties in the Westgate Corridor that the Planning Board recommends be rezoned to Planned Business. He pointed out an error was made west of 15th Way SW; the second and third parcels northwest of 15th Way are deeper and, rather than bisect the properties, the Planning Board recommended Planned Business be included on the entire property which is consistent with the intent of the Comprehensive Plan. Edmonds City Council Approved Minutes January 21, 1997 Page 6 Two areas identified in the Westgate Corridor were not included in the rezone as the Planning Board wanted to study these parcels further when they revisit the Comprehensive Plan. The Planning Board felt further study of these parcels was warranted as their inclusion will extend commercial development around the corner into single family areas. They were concerned with access from neighborhoods and possibly creating more traffic into the neighborhoods. The property west of the Washington Credit Union was also not included in the rezone as the Planning Board wanted to re-evaluate access from the property onto SR 104. Mr. Wilson explained the Planning Board did not change the designation in the area that is currently zoned BN as it is already designated for commercial activity. A rezone to Planned Business at this time could create non -conforming uses. Councilmember Petruzzi asked if the rezone could grandfather existing buildings. Mr. Wilson replied this would still create a non -conforming use. Council President Earling asked if access would be allowed from a cul-de-sac. Mr. Wilson explained access would be limited to Edmonds Way, 15th Way SW and Paradise Lane. Councilmember Myers questioned the use of 15th Way SW as an access route. Mr. Wilson explained there is no specific standard in the rezone that limits or encourages access; that would be dictated by their orientation. This could be a consideration for the two lots on'the corner of 15th Way SW and would be evaluated during the site design process, by the Architectural Design Board (ADB), or potentially through a Conditional Use Permit. Councilmember Myers expressed concern that traffic would short-cut through neighborhoods to reach businesses. Councilmember White asked how access from cul-de-sacs would be restricted. Mr. Wilson answered the site design will address access and the ADB would consider orientation of the property. Mr. Snyder cautioned the Council can only determine whether or not to approve the rezone area recommended by the Planning Commission. The Council can remand other areas to the Planning Board but the Council cannot amend the area in the recommendation as other areas were not identified in the hearing notification. Councilmember Van Hollebeke asked if ingress/egress for commercial use would be different than what exists today. Mr. Wilson answered property owners would be encouraged to combine access where feasible but cannot be required by the City. Councilmember Haakenson asked how the Planned Business zone would provide parking for its customers. Mr. Wilson answered every site development must meet parking requirements on-site with the exception of the BC zone in the downtown area. This will likely result in small scale development due to the constraints provide by building size, access, and parking. Councilmember Haakenson asked how parking off-site would be regulated. Mr. Wilson said the on-site parking requirements are sufficient to handle the employee and customer parking the business generates. Edmonds City Council Approved Minutes January 21, 1997 Page 7 Mayor Fahey opened the public participation portion of the hearing. Jerry Sanders, 741 15th Way SW, Edmonds, asked what zoning is proposed for his property. Mr. Wilson identified Mr. Sanders' property and said it is included in the proposed rezone from Single Family to Planned Business. Roger Hertrich, 1010 Puget Drive, Edmonds, directed the Council's attention to Exhibits 17-20, letters from citizens who are opposed to this rezone. He questioned the viability of a broad-based rezone in this area which forces some residents into circumstances they may not want. He suggested a method be identified which would rezone individual property based on whether property owners wanted the property rezoned. i Seaun Richards, 740 15th Way SW, Edmonds, asked for clarification whether the properties on the corner of 15th Way SW could be voted on by the Council. Mr. Snyder said these properties were not included in the notification; the Council could refer that matter to the Planning Board for a recommendation but cannot act this evening as the Planning Board's recommendation did not include those properties. Mr. Richard explained they purchased their home two years ago. They listed their house for sale last year, after their two-year-old was found. standing a few feet from Edmonds Way. He echoed Mr. Sanders' comments that families are not interested in purchasing their home as it is unsafe for residential/family use. He recommended the properties on 15th St. SW be included in the rezone. Bess Taylor Gross, 637 Washington Place SW, Mukilteo (formerly 665 Edmonds Way), said they moved from Edmonds Way two years ago due to the noise created by 25,000 cars passing their home each day. She supported the rezone to Planned Business and said their former neighbor, Kaisers, would like to be included in the rezone as excluding them leaves their property "stranded". COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCILMEMBER MYERS, TO EXTEND THE DISCUSSION 15 MINUTES. MOTION CARRIED. Brian Johnstone, 701 15th St. SW, Edmonds, said his property is one of the two that are excluded from the rezone. They were notified of all the Planning Board meetings but were not notified that their properties would be excluded. The exclusion was made on December 4, subsequent to the public hearing. He supported the rezone as originally stated (which included his and the Kaiser properties) but did not agree with their properties being excluded. He asked that their properties be rezoned in the near future. Mr. Snyder explained the Council is limited at the public hearing for this rezone to consideration of properties included in the published notice. ' Thomas Snellen, 724 15th St. SW, Edmonds, said'he lives adjacent to the area added. He has received inquiries from commercial realtors who indicate his property value will decrease if multi -family homes are built adjacent to his back yard. He questioned how the property behind his back yard could be utilized. Ken Kaiser, 711 15th St. SW, Edmonds, said his property is the other one the Planning Board excluded from the rezone. Regarding the concern with traffic, he pointed out 15th. St. SW is the school bus route and is used by high school students driving and walking to school. He said this intersection is used extensively by individuals who are not residents; there is already traffic without businesses. Edmonds City Council Approved Minutes January 21, 1997 Page 8 Ron Kenner, 1506 7th PLO S, Edmonds, corrected the statement that the center lot on his cul-de-sac has access from Edmonds Way, access is from 7th Pl. S. He questioned the benefit of having access from the cul-de-sac and recommended all access to that property be from Edmonds Way. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, observed that Edmonds' population and traffic increases every year. He commented the trend is to operate businesses from homes and the City wants to bring in new businesses. He suggested staff contact everyone in the rezone area and make a report. Mayor Fahey closed the audience participation portion of the hearing and remanded the matter to Council. Councilmember Myers expressed his appreciation for the Planning Board's work and urged them to revisit the two areas that were excluded. Although he understood the Planning Board's decision, he sympathized with the residents whose properties were excluded. Mr. Snyder advised the Council can let the Planning Board consider these areas during their annual Comprehensive Plan process or remand consideration of the properties. COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO ADOPT THE PLANNING BOARD'S RECOMMENDATION TO REZONE CERTAIN PROPERTIES WITHIN THE "W]kSTGATE CORRIDOR" TO "PLANNED BUSINESS - "BP" AND DIRECT THE CITY ATTORNEY TO PREPARE THE REQUIRED ORDINANCE FOR ADOPTION BY THE COUNCIL ON THE FEBRUARY 4 CONSENT AGENDA. MOTION CARRIED. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO REQUEST THE PLANNING BOARD MAKE A FURTHER RECOMMENDATION REGARDING THE THREE PARCELS THAT WERE EXCLUDED. Mr. Snyder noted the Planning Board's eight hearings and meetings considered these three properties; therefore, adequate public consideration has been given and the Planning Board could. make a recommendation. However, rezoning other properties would require an amendment to the Comprehensive Plan which requires a public hearing. MOTION CARRIED. 9a. SECOND HEARING REGARDING A FRANCHISE TO UTILIZE PUBLIC RIGHT-OF-WAY FOR RADIO WAVE DATA TRANSMISSION SERVICES BY METRICOMr INC. (formerly Item #6. Mr. Mar explained issues raised at the first hearing for this franchise agreement, held on January 7, 1997, were resolved by City Attorney Scott Snyder, Metricom Representative Karen, Kirkpatrick, and Metricom's legal counsel. A draft ordinance was prepared. Mr. Snyder explained Metricom's operation requires 40 unobtrusive attachments, approximately the size of a notebook, to be installed on the top of 40 light poles. The units relay data transmission from PCs and laptops without the need for a telephone. This is the first franchise the City has approved since the Federal Telecommunication Act was passed in 1996 and it was felt the principles in the contract should be consistent with more intrusive uses. Mr. Snyder described changes to the agreement. Edmonds City Council Approved Minutes January 21, 1997 Page 9 Councilmember Van Hollebeke stressed these are small, unobtrusive units. In addition, this is a non- exclusive franchise; other providers may approach the City. Mr. Snyder noted the Federal Telecommunications Act requires the City to offer their right-of-way on the same competitive terms. For Councilmember Van Hollebeke, Mr. Snyder explained the $2,000 one-time administrative fee covered legal consultation. The $60 per location fee was comparable to other cities, although would not be a major source of revenue as Edmonds owns few light poles. Councilmember Nordquist asked if the franchise was required to have a City business license. Mr. Snyder answered yes. City Clerk Sandy Chase said the fee is $65. Mayor Fahey opened the public participation portion of the hearing. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, asked at what height the units would be mounted. Mr. Snyder answered they would be on top of light poles; they would be visible but not very noticeable. Mr. Rutledge asked who would pay for damages caused by a thrown rock or ball. Mr. Snyder said the City would have no responsibility. Mayor Fahey closed the public participation portion of the hearing and remanded the matter to Council. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER MYERS, FOR PASSAGE OF ITEM #6 (ADOPTING ORDINANCE #3128, GRANTING METRICOM, INC. Metricom A NON-EXCLUSIVE FRANCHISE FOR A WIRELESS DIGITAL COMMUNICATIONS RADIO NETWORK IN THE CITY OF EDMONDS). MOTION CARRIED. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER MYERS, TO EXTEND THE MEETING. MOTION CARRIED. 10. PRESENTATION ON SCHEMATIC DESIGN FOR PUBLIC SAFETY COMPLEX Mr. Mar explained the Merritt+Pardini team completed the schematic design phase for the public safety complex. This four-month process involved a series of work sessions with each of the three major _ tenants and a great deal of public and staff input—police, court administration, and fire—plus other parties such as the City Council and a key citizens focus group. The design process also included a number of public and neighborhood meetings. The schematic design submittal has received the approval of police, court administration and fire. Lee Pardini, Merritt+Pardini Architects, said they are proud of the design and their,ability to stay within the City's budget. Additional meetings will be held with staff to address minor adjustments. Dave Thomas, Project Manager, described .the pre -design and schematic design programming requirements for each department, noting the schematic design column was added to provide a comparison between the pre -design and schematic spaces. He displayed and described the site plan, building design floor plans, and elevations. Cost estimates are approximately $6.9 million and the budget for the project is $6.8 million. Further refinements will be made to bring the project within budget. For Mayor Fahey, Mr. Thomas explained the building height does not exceed 25 feet. Edmonds City Council Approved Minutes January 21, 1997 Page 10 Councilmember Myers asked if the Council chambers and court shared the same space. 'Mr. Thomas answered yes. In pre -design there was 1,200 square feet for the Council chambers and 800 for the court; these were increased to 1,450 and 950 for a combined use. Councilmember Van Hollebeke asked if any effort was being made to retain existing trees on the site. Mr. Thomas answered yes, they tried to retain as many 18 inch caliper trees as possible; smaller trees will be relocated on the site. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO EXTEND THE DISCUSSION FIVE MINUTES. MOTION CARRIED. Imad Bahbah, Merritt+Pardini Architects, displayed and described the fire station site plan, building design floor plans and elevations. The interior and exterior of the building was described. Mr. Bahbah stated this building also does not exceed the 25 foot height limit; the roof form was dictated by the outbay. The building colors have not yet been finalized. Mr. Thomas thanked the Council and the seven departments for their assistance in designing the new public safety complex and requested approval to proceed into the next phase. Upon City Council approval of the schematic design, the project will be submitted to the ADB for their approval. Their intent is to begin site work late this summer and infrastructure in July or August. Councilmember Myers reiterated his concern with the Fire and Police Departments having separate fitness rooms. Councilmember White questioned the size of the courtroom judicial office as he felt it was extraordinarily large. Mr. Thomas replied many spaces were enlarged or reduced to fit within the building. During their meeting with Judge Conroy, he was conservative in his request for space, the Court Administrator wanted more space for the Judge's Chambers. The intent was also to anticipate future space needs. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, FOR APPROVAL OF THE SCHEMATIC DESIGN FOR THE PUBLIC SAFETY COMPLEX. MOTION CARRIED. 11. FINANCIAL OVERVIEW OF THE REMODEL OF THE FINANCIAL CENTER BUILDING (121 5TH AVENUE NORTH Mayor Fahey explained this item was a review of the purchase and remodeling of the Edmonds Financial Center building which is now being converted into City Administration offices, City Hall, and the Mayor's office. This review of the entire project will allow new Councilmembers and citizens to put the project into perspective as many questions have been raised by at least one citizen regarding this project. She pointed out she was not a member of the City Council in 1993 but did follow the process as'a citizen and has reviewed the records. In 1993 the Council hired a consultant to prepare a proposal to resolve the City's space needs for both City administration and public safety. Their original project, as proposed, would cost in excess of $18 million. The administration facilities were estimated at over $7.322 million. The building would have a gross square footage of 45,260 and a net usable space of 32,350. In the Council's view, there were a number of fatal flaws in the proposal as it would require one or more variances. To fit the building on Edmonds City Council Approved Minutes January 21, 1997 Page 11 [7 the campus, either a three story building would be necessary (which would exceed the height restrictions) or the complex spread over the grounds (which would exceed the allowed ground coverage, possibly both). This proposal would totally utilize the space, leave no options for the future as well as require a multi -story parking garage to meet the parking requirements. It may also have required vacation of 6th Avenue, Bell Street, or possibly both. Further, the Council felt. the total cost would be unacceptable to the voters. During 1994 and 1995, two options were proposed. One option, staff s reduction of the consultant's proposal, was not formally proposed at a Council meeting. Staff s efforts to scale down the proposal resulted in a possible total project cost of $12.5 million; including $5.650 million for the 29,000 gross square foot (21,480 net usable) administration building. However, the site would still be totally utilized, leaving no options for the future and may. have required vacation of 6th Avenue, Bell Street or both, as well as require a parking structure. An alternate plan, to purchase and remodel an ,adjacent building for administration was considered by the Council and to utilize the existing site for public safety needs. After consideration, it was believed this could occur by indebting the City for a maximum of $5 million. The building under consideration had a gross square footage of 34,074 feet (25,200 net usable) and would provide additional parking in the adjacent parking lot. After consideration, the Council selected the option to purchase the building although they did not know the total cost of the public safety project at that time. The Council voted to negotiate bonds in the amount of $5 million with the debt served with the proceeds of a 0.25% real estate excise tax. As there was a concern that the tax may not generate enough revenue to debt service the $5 million bond, the Finance Officer suggested the difference between revenues from the excise tax and the bond service be covered by general funds. The Council also set as a goal, completion of the project without impacting `the general fund beyond this. The Council, however, did not preclude the use of associated revenues from the interest on the bond proceeds, leases that were bought out as a result of the purchase, or the interest accumulated on the proceeds of those leases while the project was underway. She stressed there is no record indicating any of the revenues associated with this project could not be reallocated to the project. When plans were developed for remodel of the building, two goals were established—correction of structural deficiencies in the building as determined by the consultant and, as much as possible, the building would be remodeled to make it as efficient and usable as a building custom designed and built from the ground up. Both goals were met. Further, a major remodel required the building be brought into compliance with current codes. After extensive analysis, it was determined the first two floors would need to be gutted and completely redesigned to meet the needs of the various departments. The third floor could be adapted to meet the needs of the City without extensive renovations. All three floors would be fully reinforced structurally and all necessary automated technology would be installed throughout the entire building. r Community Services Director Paul Mar displayed the total project cost for the purchase and renovation of the Edmonds Financial Center building. The total project cost is $5:4 million with the majority of funding realized from the bond issue and its proceeds ($5.37 million). An additional $82,000 from the General Fund will be used for labor, facility maintenance crews, and Engineering who is overseeing administration of the project. He explained Council action is requested to accept the $46,000 Block Grant for Handicapped Accessibility Improvements. Councilmember Petruzzi observed the City's purchase of the Financial Center allowed renovation of the Center and required only one move. Demolition of the existing building and construction of a new Edmonds City Council Approved Minutes January 21, 1997 Page 12 facility would require two moves, rental of alternate facilities and costs to install computers, telephones, etc. twice. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEM 3ER HAAKENSON, TO EXTEND DISCUSSION OF THIS AGENDA ITEM FOR FIVE MINUTES. MOTION CARRIED. Mayor Fahey summarized the purchase and renovation cost of this project are $5,093,716 which includes the purchase price, due diligence, and all known costs regarding renovation as bid by contracts. In addition, roof and air conditioning repairs were required last year when the building was being rented. Other related project costs in the amount of $321,667 are shown on the total project cost analysis. The total purchase, renovation, repair, and other costs total $5,432,592. In addition, it is projected $107,000 will be spent for furniture, fixtures and equipment. She stressed the cost for furniture, fixtures and equipment was never factored into the cost of the building. The cost for the scaled down plan with all costs figured in and elevated to 1996 dollars, would be approximately $6,571,839. As Councilmember Petruzzi indicated, the City avoided the cost of relocation during the building process, the cost of two moves, and ancillary costs such as reprinting paper products twice. The City now has a building that is structurally sound, extremely functional, and contains space to meet the City's needs into the future for significantly less than a structure could be built on the existing campus. As a Councilmember when this project was approved, and the Mayor overseeing the project this year, it was her personal opinion that the Council ' made an excellent decision, and the citizens have been well served. . The Council now knows building the Public Safety facility will cost $9.275 million and a bond has been passed in this amount. This represents the only other indebtedness the City has undertaken; therefore the total cost of the combined project now is $14,275,000. Additional costs are covered by the interest on the bonds, the leases returned to the City, and the interest on the leases. In addition, the $14.257 million includes a fire station that was never anticipated. Citizens are carrying debt service for only the Public Safety facility. She concluded the process has evolved from 1993 with the possible expectation of a project costing $18 million funded entirely through a bond; to a bond for approximately half that amount. She felt criticism of the decisions made in the last three years was unwarranted and commended the Council for their decisions. Councilmember Myers asked when staff was expected to move into the Administration building. Mr. Mar answered their target date is April, 1997. COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, 'TO AUTHORIZE THE MAYOR TO SIGN THE SNOHOMISH COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT CONTRACT FOR HANDICAPPED ACCESSIBILITY IMPROVEMENTS, H&CD 1996 #7 FOR $46,000. Council President Earling stressed since he, Councilmembers Nordquist and Petruzzi have been on the Council, the Council has undertaken three capital cost construction projects. All have been and will be held to public scrutiny to ensure the City spends tax payers' dollars wisely. Much attention has been given to the $5 million figure for the Administration building. The Council proposed $5 million as a cap for the bonding to ensure the costs were held down. It was not necessarily expected that all costs could Edmonds City Council Approved Minutes January 21, 1997 Page 13 be included but funding of additional costs would need to be identified. Edmonds Council has historically been fiscally conservative and that continues today. MOTION CARRIED. 12. MAYOR Mayor Fahey announced she was elected to the Puget Sound Regional Council Executive Board. She noted her service will be beneficial to the City and to her. Mayor Fahey pointed out the President made a Declaration of Emergency and Disaster for the State of Washington. Snohomish County is included in this declaration and qualifies for emergency assistance funds. FEMA is currently setting up an office in Olympia and an additional meeting regarding submission of claims will be held on Friday at 10:00 p.m. which she planned to attend. Funds will be made available to people who have suffered personal property losses, to the City for reimbursement of costs associated with the storm, mitigation of the effects of the storm, and possibly for small businesses that qualify for funding due to storm damage. She encouraged any citizen or small business that felt they incurred storm damage to contact the City for further information. 13. COUNCIL Council President Earling announced he asked Councilmember White to participate in the art selection process for the Public Safety building artwork. Councilmember-Haakenson was selected to serve on the SnoCom/Medic 7 Board as a result of Councilmember Petruzzi's resignation. He further - asked Councilmembers to submit topics and subjects for the retreat. Discussion items planned include the Human Resource Plan and multimodal transportation issues. COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER HAAKENSON, TO EXCUSE COUNCILMEMBER NORDQUIST FOR HIS ABSENCE ON JANUARY 7, 1997. MOTION CARRIED, COUNCH MEMBER NORDQUIST ABSTAINED. Councilmember Myers commended Councilmember Petruzzi for his participation in the Financial Center negotiations. 14. EXECUTIVE SESSION REGARDING A LEGAL MATTER AND PROPERTY ACQUISITION MATTER The Council recessed to an Executive Session at 10:50 p.m. to discuss a legal matter and a property acquisition matter, for approximately 45 minutes, and would be adjourned from there. BARBARA S. FAHEY, MAYOR SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes January 21, 1997 Page 14 AGENDA EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street 7:00 -10:00 p.m. JANUARY 21, 1997 CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF JANUARY 14, 1997 (C) APPROVAL OF YEAR END 1996 CLAIM WARRANTS #12235 THRU #14877 IN THE AMOUNT OF $35,696.05 (D) APPROVAL OF CLAIM WARRANTS #12234 THRU #15016 FOR THE WEEK OF JANUARY 13, 1997, IN THE AMOUNT OF $233,210.66; AND APPROVAL OF PAYROLL WARRANTS #14546 THRU #14737 FOR THE PERIOD JANUARY 1 THRU JANUARY 15, 1997, IN THE AMOUNT OF $428,908.06 (E) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM MICHAEL E. SALO (Amount Undetermined), MELODY BLOCK-BLAKEMORE ($1 Million), MARVIN E. SMITH (Amount Undetermined),. PATRICIA J. DONOHUE ($159.00), REBECCA J. BOWLING ($988.61), EARL M. PINTER ($593.27), AND CARL J. CARUTHERS ($967.84) (F) ACCEPTANCE OF STORM DRAINAGE EASEMENTS FROM SCOTT HIGHLAND AT 21821 92ND AVENUE WEST, AND LINDA AND GARY MOORE AT 21823 92ND AVENUE WEST (G) AUTHORIZATION FOR MAYOR TO SIGN AMENDMENT TO FIRE COMMAND AGREEMENT (H) AUTHORIZATION TO PURCHASE SHOP EQUIPMENT FOR TREATMENT PLANT FROM PACIFIC INDUSTRIAL ($5,773) (1) APPROVAL OF VEHICLES TO BE PURCHASED FROM THE STATE OF WASHINGTON PURCHASE CONTRACT 3. AUDIENCE (3 minute limit per person) 4. (5 Min.) INTRODUCTION OF STUDENT REPRESENTATIVE ROBBI CUNINGHAM S. (20 Min.) REPORT ON PRIOR WEEK'S COUNCIL COMMITTEE MEETINGS• 6. (15 Min.) SECOND HEARING REGARDING A FRANCHISE TO UTILIZE PUBLIC RIGHT-OF-WAY FOR RADIO WAVE DATA TRANSMISSION SERVICES BY METRICOM, INC. 7. (15 Min.) HEARING ON PROPOSED VACATION OF A CONSTRUCTION AND MAINTENANCE EASEMENT FOR STREAM CHANNEL RESTORATION OF SHELL CREEK (Applicant: Edmonds Engineering Division; File No. ST -96-110) 8. (40 Min.) HEARING ON RECOMMENDATION BY THE EDMONDS PLANNING BOARD TO CREATE A NEW CHAPTER IN THE EDMONDS COMMUNITY DEVELOPMENT CODE, CHAPTER 16.53 - "PLANNED BUSINESS - BP". (Applicant: Edmonds Planning Division / File No. CDC -95-139) 1 CITY COUNCIL MEETING AGENDA JANUARY 21, 1997 PAGE 2 9. (40 Min.) HEARING ON RECOMMENDATION BY THE EDMONDS PLANNING BOARD TO REZONE CERTAIN LANDS LOCATED ADJACENT TO SR -104 (EDMONDS WAY) BETWEEN APPROXIMATELY 102ND PLACE WEST AT THE EAST END, AND PARADISE LANE AT THE WEST END TO "PLANNED BUSINESS." (Applicant: Edmonds Planning Division / File No. R-95-140) 10. '(15 Min.) PRESENTATION OF SCHEMATIC DESIGN FOR PUBLIC SAFETY COMPLEX 11. (15 Min.) FINANCIAL OVERVIEW OF THE REMODEL OF THE FINANCIAL CENTER BUILDING (121 5TH AVENUE NORTH) 12. (5 Min.) MAYOR 13. (15 Min.) COUNCIL 14. (45 Min.) EXECUTIVE SESSION REGARDING A LEGAL MATTER AND PROPERTY ACQUISITION MATTER r larking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at 771-0245 with 24 hours advance notice fc pecial accommodations. The Council Agenda appears on Chambers Cable, Channel 32. Delayed telecast of this meeting appear he following Wednesday, Friday and Monday at noon on Channel 32.