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04/07/1998 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES APRIL 7. 1998 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Barbara Fahey in the Library Plaza Room, 650 Main Street, followed by the flag salute. ELECTED OFFICIALS PRESENT Barbara Fahey, Mayor Gary Haakenson, Council President Dave Earling, Councilmember John Nordquist, Councilmember Michael Plunkett, Councilmember (arrived 7:08 p.m.) Jim White, Councilmember (arrived 7:09 p.m.) Dick Van Hollebeke, Councilmember ABSENT Thomas A. Miller, Councilmember ALSO PRESENT Lisa Shin, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Paul Mar, Community Services Director Rob Chave, Planning Manager Noel Miller, Public Works Director James Walker, City Engineer ' Brent Hunter, Human Resources Director Scott Snyder, City Attorney Sandy Chase, City Clerk Jeannie Dines, Recorder ddition to Mayor Fahey requested two items be added to the Consent Agenda. (1) approval of out -of -area training genda for Kevin Taylor, and (2) authorization to negotiate contract for Wastewater Treatment Plant auxiliary generator installation design with Wood/Harbinger, Inc. COUNCII.MEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCIL PRESIDENT HAAKENSON, TO ADD APPROVAL OF OUT -OF -AREA TRAINING AS CONSENT AGENDA ITEM L, AND AUTHORIZATION TO NEGOTIATE CONTRACT FOR WASTEWATER TREATMENT PLANT AUXILIARY GENERATOR INSTALLATION DESIGN WITH WOOD/HARBINGER, INC. AS CONSENT AGENDA ITEM M. MOTION CARRIED. (Councilmembers White and Plunkett were not present for the vote.) Council President Haakenson requested Agenda Item 5 (Proposed Resolution of Appreciation to the Mr. Allen Fritzberg Family and Authorization to Record Deed) be removed from the agenda per Parks and Recreation Director Arvilla Ohlde's request (further details regarding this matter were needed). COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, FOR APPROVAL OF THE AGENDA AS AMENDED. MOTION CARRIED. (Councilmembers White and Plunkett were not present for the vote.) Edmonds City Council Approved Minutes April 7, 1998 Page 1 1 [1 2. CONSENT AGENDA ITEMS Councilmember Van Hollebeke requested Item B be removed from the Consent Agenda. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, FOR APPROVAL OF THE REMAINING CONSENT AGENDA ITEMS. MOTION CARRIED. (Councilmembers White and Plunkett were not present for the vote.) The agenda items approved are as follows: (A) ROLL CALL (C) APPROVAL OF CLAIM WARRANTS #21432 THRU #24058 FOR THE WEEK OF pprove MARCH 23, 1998, IN THE AMOUNT OF $380,027.00. APPROVAL OF CLAIM laim arrants WARRANTS #21441 THRU #24174 FOR THE WEEK OF MARCH 30, 1998, IN THE AMOUNT OF $222,974.86. APPROVAL OF PAYROLL WARRANTS #19991 THRU #20142 FOR THE PERIOD OF MARCH 16 THRU MARCH 31, 1998, IN THE AMOUNT OF $437,018.88. Sale of (D) REPORT ON SEALED BIDS OPENED MARCH 23, 1998 FOR THE SALE OF THE 1989 Rescue Boat 19 -FOOT ALMAR ALUMINUM RESCUE BOAT AND AWARD TO RANDY PRESTON IN THE AMOUNT OF $6,502. Engineering (') REPORT ON BIDS OPENED MARCH 23, 1998, FOR THE PURCHASE OF A NEW opier AUTOMATIC FEED PLAIN PAPER ENGINEERING COPIER AND AWARD OF CONTRACT TO C4 IMAGING SYSTEMS, INC. ($10,373.47, Including Sales Tax) Senior Center (F) REJECTION OF BIDS OPENED MARCH 24,1998, FOR CONSTRUCTION OF THE 1998 Improvements IMPROVEMENTS OF THE SOUTH COUNTY SENIOR CENTER AND AUTHORIZATION TO CALL FOR NEW BIDS Highway 99 (G) REPORT ON HIGHWAY 99 PROJECT AND AUTHORIZATION FOR MAYOR TO rolect SIGN INTERLOCAL AGREEMENT axi License (H) APPROVAL OF 1998 TAXI LICENSE FOR CHECKER CAB COMPANY, INC. aca-on of (1) PROPOSED ORDINANCES RELATED TO VACATION OF RIGHTS -OF -WAY IN THE ghts -of- MEADOWDALE AREA Way Ord. #3197 ❑ ORDINANCE NO. 3197 VACATING PORTIONS OF LUND'S GULCH ROAD (WITHIN MEADOWDALE COUNTY PARK) Ord. #319-8 El ORDINANCE NO. 3198 VACATING PORTIONS OF AN UNNAMED STREET (WITHIN MEADOWDALE COUNTY PARK) d. #3199 ❑ ORDINANCE NO. 3199 VACATING A PORTION OF 72ND AVENUE WEST (320 FEET NORTH OF 1561" STREET SOUTHWEST TO CITY OF EDMONDS CORPORATE LIMITS) Ord. #3200 ❑ ORDINANCE NO. 3200 VACATING A PORTION OF 72 "d AVENUE WEST (FROM THE SOUTH PROPERTY LINE OF THE SITIO PLAT TO MEADOWDALE BEACH ROAD, 705 FEET) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE Edmonds City Council Approved Minutes April 7, 1998 Page 2 Ord. #3201 ❑ ORDINANCE NO. 3201 VACATING A PORTION OF 73"D AVENUE WEST (NORTH OF 156TH STREET SOUTHWEST) rd. #3202 ❑ ORDINANCE NO. 3202 VACATING A PORTION OF 74TH PLACE WEST (SOUTH OF 162ND STREET SOUTHWEST) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE rd. #3203 ❑ ORDINANCE NO. 3203 VACATING A PORTION OF 75TH AVENUE WEST (NORTH OF 156x" STREET SOUTHWEST) ❑ ORDINANCE NO. 3204 VACATING A PORTION OF 156TH STREET SOUTHWEST Ord. #3204 (WEST OF 75TH PLACE WEST) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE rd. #3205 ❑ ORDINANCE NO. 3205 VACATING A PORTION OF 156TH STREET SOUTHWEST (BETWEEN 68TH AVENUE WEST AND 70TH AVENUE WEST) Ord. #3206 ❑ ORDINANCE NO. 3206 VACATING A PORTION OF 158TH STREET SOUTHWEST (WEST OF 751H PLACE WEST) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE Ord. #3207 ❑ ORDINANCE NO. 3207 VACATING A PORTION OF 164TH STREET SOUTHWEST (WEST OF 75TH PLACE WEST) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE Ord. #3208 El ORDINANCE NO. 3208 VACATING A PORTION OF 172ND STREET SOUTHWEST (FROM 235 FEET WEST OF 74TH AVENUE WEST TO 76TH AVENUE WEST) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE ruck ervice (J) AUTHORIZATION TO ADVERTISE FOR BIDS TO PURCHASE FOUR (4) TRUCK odies SERVICE BODIES sphalt otter (I) AUTHORIZATION TO SELL UNIT #56, A 1984 ROSCO VIBRASTAT ASPHALT ROLLER AT JAMES MURPHY AUCTION ut -of- rea (L) APPROVAL OF OUT -OF -AREA TRAINING Training Ww`rP i (M) AUTHORIZATION TO NEGOTIATE CONTRACT FOR WASTEWATER TREATMENT Auxiliary PLANT AUXILIARY GENERATOR INSTALLATION DESIGN WITH Generator WOOD/HARBINGER, INC. Item B• Approval of City Council Meeting Minutes of March 24,1998 Councilmember Van Hollebeke said he was absent from the March 24, 1998, meeting and would abstain from the vote. Council President Haakenson indicated he was also absent. Mayor Fahey asked if approval of this item would need to be delayed due to the lack of a quorum. City Attorney Scott Snyder explained according to Roberts Rules of Order, if an individual's abstention resulted in a lack of a quorum, their abstention was counted in the affirmative. Edmonds City Council Approved Minutes April 7, 1998 Page 3 1 COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR APPROVAL OF CONSENT AGENDA ITEM B. MOTION CARRIED. (Councilmembers rove White and Plunkett were not present for the vote.) The agenda item approved is as follows: utes (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF MARCH 24,1998 3. AUDIENCE Financial I Ray Albano, 20916 76th Avenue W, #1, Edmonds, referred to the discussion at the last meeting su 1air,g regarding the Council's relationship to the owners of the Financial Center and said Mayor Fahey, Councilmembers Earling and Petruzzi accepted $100 campaign contributions and one of the partners of the Financial Center was . Councilmember Petruzzi's campaign manager. He acknowledged the contributions were returned "after the fact." He urged the Council, through their representative to the ASCD Cultural Arts Stadium District (CASCD), to require the board to publicize the financial figures presented Proposal to the Council and not to take a position until the financial figures were publicized. Jim Anneberg, 8410 198th Street SW, Edmonds, said this is the third time he has been to the Council Request to regarding the recycling /junk yard that has been operating in their neighborhood for at least 11 years. He Amend said the City has not taken any effective action other than requiring the person operating the junkyard to Zoning . Code clean up his yard last summer. He described materials this individual continually moves on and off his property and suggested an amendment to the zoning code be considered to target specific items on this individual's property such as a 12,000 lb. flatbed truck, a forklift, and a large commercial dumpster to prevent their being stored on property in an RS -8 zone. Mayor Fahey said she thought this situation had been resolved. As it appeared it had not been, staff would look into the matter again. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, referred to his letter to the City, which he copied to the School District, regarding the letter received from the Master Builders Association on August 26. He discussed the letter with the School District and requested the City provide him a copy of the letter from the City to the School District, if one existed. Also, he said the School District was unaware of the Imedic 7 rescue unit/Medic 7 "problems" and suggested the School District participate in funding of Medic 7. He said he was unable to discuss Medic 7 further until they make a presentation to the City. Roger Hertrich, 1020 Puget Drive, Edmonds, criticized Mayor Fahey for her "outburst" at the March 17 meeting in response to a citizen stating his opinion. He also objected to the City Attorney's statement that the citizen's comments were "baloney." Mr. Hertrich said Mr. Critchley deserved a public and written apology. He felt the Mayor's outburst was intended to eliminate public participation and to scare citizens away. Rich Demeroutis, 921 Pine Street, Edmonds, questioned why there had not been any discussion of the edic 7 City of Lynnwood taking over the Medic 7 program, noting Lynnwood's offer would reduce costs by $50,000 as well as eliminate the $200,000 shortfall that would be created if District 111 withdraws. He noted there have been rumors that the City was negotiating with District 111 for an Advanced Life Support program and stressed the citizens of Edmonds want Medic 7 and two units responding at night. Regarding Mr. Critchley's comments about the "bludgeoning" of citizens in the community regarding Medic 7, he agreed the documents sent to the citizens named in the law suit referred to court costs and reasonable attorney fees. He said the lawsuit contained inaccurate information regarding when the petition was submitted. Regarding the City's purchase of the Waterfront Park Associates tidelands, he noted Mr. Clarke did a study for Kevin P. Hanchett, one of the partners of Waterfront Park Associates, Edmonds City Council Approved Minutes April 7, 1998 Page 4 regarding the tidelands. The study indicated, through this park project, the City of Edmonds had diminished the value of the subject property in effect by taking private property rights, as the public now accesses and utilizes the area for recreation and additional security risks are a potential burden to the subject property. He questioned the City hiring the same individual to do an appraisal of the property for the City. Council President Haakenson said the City of Lynnwood has still not made a proposal to the Medic 7 Board regarding taking over Medic 7. Regarding having two medic units available at night, he explained the Council has had nearly a dozen letters and telephone calls regarding an additional 12 -hour medic unit. He stressed this was not currently being discussed. He read a chronology which indicated the Medic 7 Board adopted a level of service policy on March 12 which stated the Board wanted medics to respond to 80% of all medic calls within 8 minutes or less. The minutes of the Board meeting state, "the level of service plan needs to go to each City Council for concurrence with the Board. The cost is not a topic at this time." Council President Haakenson said a presentation regarding the level of service policy will be made to the Edmonds City Council in April. After all Council presentations are made, and assuming all concur with the level of service policy, the Board will then consider implementation of that policy. Currently, during the hours of 8:00 a.m. to 8:00 p.m., paramedics respond to 79% of the calls in Edmonds in 8 minutes or less. During the hours of 8:00'p.m. to 8:00 a.m., paramedics respond within 8 minutes or less to 72% of the calls in Edmonds. Although a lot has been said in the community about adding a 12 -hour medic unit to improve nighttime averages, this has not yet been considered by the Medic 7 Board. Only the level of service policy is being considered at this time. He pointed out the Edmonds area receives the best paramedic service anywhere in the country, which the Medic 7 Board wishes to maintain. Mayor Fahey said the telephone calls and letters have indicated citizens are concerned they are in danger of dying because a response vehicle is not available. She was appalled anyone would say the level of service would be diminished to scare citizens. She explained there are two tiers of service; the first, basic life support (BLS), is provided by a vehicle located at every fire station that responds 24 hours a day, 7 days a week. Advance life support (ALS), Medic 7, provides advanced service such as stabilization and transport to a hospital. She stressed the action of the Medic; 7 Board would not result in a team/vehicle not being available to respond to a medical emergency. She stressed there was no reasons for Edmonds citizens, particularly seniors, to think anything had happened to change the quality or level of service being provided. She urged those individuals to cease using scare tactics to force the Medic 7 Board to make a premature decision. Mayor Fahey said she has never had a conversation with Fire District 111 to negotiate an alternate form of providing ALS services in Edmonds. She said Fire District 111 has indicated if Edmonds were to consider contracting with Lynnwood, they too would be interested in contracting; however, the details or costs of that issue have not been discussed. Fe--O—Td—s-1 4. PROCLAMATION IN RECOGNITION OF NATIONAL RECORDS MANAGEMENT WEEK anage- ment Week Mayor Fahey read the Proclamation declaring April 5 - 11, 1998, as National Records and Information Management Week. The management of records and information is critical to every business, organization and government agency in facing the complexities of regulations and customer service. Control of records and information is necessary for reduction of risk and liability as well as for compliance with global standards. The management and staff of the City of Edmonds have demonstrated their recognition of the importance of records and information management and continue to work toward uniform standards and practices in that regard. Edmonds City Council Approved Minutes April 7,1998 Page 5 6. CLOSED RECORD MEETING ON THE APPLICATION BY AMY MONTGOMERY AS AGENT quest to end FOR BILL & MONTY MONTGOMERY FOR AN AMENDMENT TO THE CITY'S OFFICIAL icial STREET MAP TO REMOVE THE PROPOSED 60 -FOOT WIDE 4TH AVENUE SOUTH RIGHT- et Map OF -WAY ALIGNMENT BETWEEN HOWELL WAY AND THE SOUTH TERMINUS OF THE ]e St -97 EXISTING 4"; AVENUE SOUTH RIGHT -OF -WAY, SOUTH OF WALNUT STREET (Applicant: t41) Bill Montgomery / File No, St -97 -141) Councilmember Earling said one of the agents in his office was working with the property owner on this issue; therefore, he would step down and not participate in the decision. Mayor Fahey asked if any Councilmembers had any ex parte communication to disclose. There were no disclosures. Mayor Fahey asked if any member of the audience wished to challenge the participation of any Councilmember. There were no challenges. City Attorney Scott Snyder explained that as a result of regulatory reform, this hearing was held as a closed record meeting. Only individuals who provided testimony to the Hearing Examiner and are now parties of record have the ability to speak at the closed record hearing. However, no new information could be presented and remarks must be directed toward information contained in the record developed by the Hearing Examiner. Mayor Fahey described the process and time lines of each party. Planning Manager Rob Chave displayed a vicinity map and identified the right -of -way. He explained the proposal was an amendment to the Official Street Map. The Hearing Examiner, who held .a public hearing, recommended approval. Staff also recommends approval. Larry Naughton, 729 Laurel Street, real estate agent for Bill Montgomery, said they support the amendment to remove the future right -of -way for the following reasons, 1) the Montgomery's property, at the end of 4th Avenue, is on the right -of -way and represents approximately 2,300 square feet and is part of the package for a condominium to be constructed on the site, and 2) if the right -of -way were developed, approximately 42 parking spaces and six businesses would be eliminated. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, FOR THE PASSAGE OF FILE NO. ST -97 -141. MOTION CARRIED (Councilmember Earling did not participate in the vote.) Mayor Fahey declared a brief recess. When the meeting reconvened, Councilmember Earling had not yet returned. COUNCIL PRESIDENT HAAKENSON MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO MOVE ITEM 10 TO ITEM 6A. MOTION CARRIED. Councilmember Earling returned at 7:50 p.m. 6A. COUNCIL REPORT COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, xcused TO EXCUSE COUNCIL PRESIDENT HAAKENSON AND COUNCILMEMBER VAN bsences HOLLEBEKE FROM THE MARCH 24 MEETING. MOTION CARRIED, COUNCIL PRESIDENT HAAKENSON AND COUNCILMEMBER VAN HOLLEBEKE ABSTAINED. There were no other Council reports. Edmonds City Council Approved Minutes April 7, 1998 Page 6 7. CLOSED RECORD APPEAL MEETING ON AN APPEAL OF THE DECISION BY THE Cellular HEARING EXAMINER TO APPROVE CONSOLIDATED PERMIT APPLICATIONS (FILE NOS. Tower Application ADB -97 -129 & CU -97 -130) BY WESTERN WIRELESS CORPORATION FOR COMPLIANCE pli By Western WITH THE CITY ARCHITECTURAL DESIGN BOARD SITE DESIGN CRITERIA, AND A Wireless CONDITIONAL USE PERMIT APPLICATION FOR THE DEVELOPMENT OF A 120 -FOOT TALL MONOPOLE CELLULAR COMMUNICATION TOWER. THE SUBJECT PROJECT IS LOCATED AT 8505 BOWDOIN WAY AND IS ZONED BOTH "P- PUBLIC" AND "RM -2.4 - MULTIFAMILY "Appellant• Davis et al; Applicant: Western Wireless Corporation) Mayor Fahey explained the process for this closed record appeal would be the same as described for Item 6. She asked if any Councilmembers wished to disclose any ex parte communication. There were no disclosures. Mayor Fahey asked if any member of the audience wished to challenge the participation of any Councilmember under the Appearance of Fairness Doctrine. There were no challenges. Mayor Fahey described the process and reminded participants that information must be included in the existing record. Planning Manager Rob Chave explained this was an application by Western Wireless to place a Monopole H at the indicated site. He clarified the original application was for a 120 foot pole which was amended at the Hearing Examiner hearing to a 110 foot pole. The Architectural Design Board (ADB) conducted a meeting and recommended denial to the Hearing Examiner but included conditions if the Hearing Examiner were to approve the application. The Hearing Examiner has included those recommended conditions in his approval. This is an appeal of the Hearing Examiner's decision; the City received two letters from nearby residents, one who is adjacent to the property, whose comments were contained in Exhibits 4 and 5 on pages 234 and 236 of the Council packet. Council President Haakenson said Councilmember Miller requested he ask whether installing antennas on light standards at the new Edmonds - Woodway High School site had been considered. Mr. Chave said it would be up to Western Wireless to determine whether a site that far away would meet their service needs. His understanding was that the proposed site was the closest site that would serve downtown Edmonds. Council President Haakenson observed this was likely the reason why a site on Hwy. 99 was not suitable. Mr. Chave agreed. Councilmember Nordquist said the Conditional Use Permit indicated the pole would also be used by SnoCom. He asked if the City of Edmonds would also utilize the pole. Mr. Chave said that was a potential but only SnoCom and Western Wireless were users at this time. Mr. Snyder said unless the information was included in the record, it could not be addressed. Council President Haakenson said he is the Vice -Chair of the SnoCom Board but was not aware of any conflict this would cause. Steve Bullock, Western Wireless Corporation, 3650 131st Avenue SE, Bellevue, explained Edmonds adopted a wireless communications ordinance in 1996. One of the specific locations identified for a facility such as the one being proposed was this site. Western Wireless feels they have considered the City's Code and identified a location that meets those criteria. He said the fire station site currently had a 100 -foot guide tower; the monopole will allow SnoCom to move their antenna from the guide tower to the monopole and could ultimately result in the removal of the guide tower. Therefore, the monopole could be considered as the replacement of an existing feature rather than a new tower. He pointed out Edmonds City Council Approved Minutes April 7, 1998 Page 7 the photo simulations submitted by the appellant contradict the photo simulations submitted by Western Wireless. He explained Western Wireless floated balloons to the proposed height to determine the height of the pole placed on the photo simulations. The location of the pole in the photo simulations submitted by the applicant is too far north and the height of the pole is shown higher than on the photos submitted by Western Wireless. He stressed the photo simulations submitted by Western Wireless were very accurate due to the method used to create them. He requested the remainder of his time be reserved for rebuttal. Councilmember Van Hollebeke inquired if camouflaging the pole, such as a simulated tree, had been considered. Mr. Bullock said no; his understanding of artificial tree towers has been that they look good at first but rust and deterioration result in "a big red tree." He said many of the tree towers are designed for other areas and do not simulate fir trees well, many are palm trees and pine trees (which do not grow to this height west of the Cascades). He noted there was no guidance in the code indicating this should be pursued. Mayor Fahey asked if there was any objection to Council President Haakenson participating in the hearing as a result of his position as Vice -Chair of the SnoCom Board. No objections were stated. Shelly Hart, 8605 Bowdoin Way, Edmonds, identified their property on the map and stated she hoped this issue had not already been decided due to the revenue provided, the fear of a lawsuit from the applicant, and the possibility of the City using the tower. Regarding the site selection, they provided testimony and a letter at a meeting in June 1996 but never heard anything further about this issue. They only became aware of it when a neighbor two blocks away informed them. At the ADB hearing on January 7, the ADB members did not know the location of other sites approved by the Council and could not understand how the Council ever approved this site: She questioned the purpose of the ADB if they carried no authority and had no input in light of their decision to deny the application 5 -1. She questioned why the applicant was permitted to provide notification. She said if notification was required of property owners within a 300 foot distance of a 25 foot structure, it would seem notification of a structure 4%z times that height would require notification to property owners within 1,200 feet. She questioned why the applicant was allowed to select the combined hearing process so the ADB's decision was only a recommendation. She referred to the alleged adequate landscaping of the pole with existing 30 - 80 foot trees, pointing out the trees next to-the water tank are not 80 feet tall and the tower will be 2%2 times the height of the water tank. She noted the trees may also be removed because the land has been sold and may be developed into a 66 -unit condominium. She pointed out the proposed pole would provide Western Wireless with one square mile of coverage, and Western Wireless stated a pole of this height would allow them to construct only one pole rather than many. Ms. Hart noted every member of the ADB, except one, was against the proposed pole and the one member in favor said the site was a public use facility and a commercial use. Further, the Hearing Examiner's decision requested submittal of a coverage map, which was not done. The Hearing Examiner also asked for information regarding a lower tower, which was not provided. She said the Hearing Examiner's decision was appealed because it was based on Western Wireless's Exhibits T and U and the belief that impact would not be significant. She noted Exhibit T was an impact investigation done in Wake County, North Carolina and questioned whether this represented a comparable study to Edmonds as the site being compared was located on US 401. She said the houses in the study were 3,000 - 3,500 feet from the site, her home is'' /2 block from the site and all the citizens who submitted letters are less than 3 blocks from the site. Exhibit U, the appraisal comparable study, included property that ranged in value from $425 - $1,000 per acre; her lot is $198,000 per acre. Further, the properties in the study range from 13 to 28 acres. She questioned how the Hearing Examiner could base his approval of the application based on a study that was not Edmonds City Council Approved Minutes April 7, 1998 Page 8 comparable to Edmonds or Five Corners. She pointed out the properties in the study were non- productive agricultural with a scattering of residential dwellings and most were up to 1 -3/4 miles from the site and had no view of the site. She questioned whether any member of the Council would purchase a house across the street from such a facility. She urged the Council, as her advocate, to protect her from such a facility locating across the street from her home. Bill Davis, 21102 Summit Lane, Edmonds, said the tower, in its lowest form of 110 feet, was 2.4 times the height of the highest tank at Five Corners. He said the tower would be visible from Main Street as well as Bowdoin and there would be microwave towers on the top. He said they have heard another company is interested in co- locating on the tower which will result in a tower "bristling" with antennas and will not be as invisible as Western Wireless would like. The "visual blight" will have an effect on more residents than were ever notified of the application. He questioned whether notification of residents within 300 feet was adequate for a tower 110 feet in height. He supported the ADB's denial of the application based on the protection of aesthetic and desirable environment and minimizing incompatible and unsightly surroundings which prevent orderly community development and reduce community values. He pointed out none of the citizens who spoke at the Hearing Examiner's hearing were in favor of this tower. He was particularly concerned that the Hearing Examiner allowed the admission of the comparison study because it has no comparison or relation to the impact of cellular towers on a dissimilar area. He questioned whether the Hearing Examiner considered the statement by a REMAX broker (page 233) that cellular towers are beginning to carry a similar negative stigma as high tension lines and that any time the number of potential buyers for property is limited, the true value is limited. He questioned why the coverage maps requested by the Hearing Examiner for current and future coverage for a lower tower were not provided. He said although staff recommended the Council approves a 110 -foot high tower at Five Corners, no staff or Councilmembers would have to live with a 100 -foot tower in their backyards. Five Corners residents, however, will have to look at the "visual monstrosity" for many years and cannot block it from view. He urged the Council to consider whether they would like this in their backyard. Jerome Hanson, 8510 214th Place SW, Edmonds, reiterated the previous comments. He said the Hearing Examiner indicated he would take another look at the site but did so from his car. Mr. Hanson pointed out, using a hand level, he determined his living room window is 7.2 feet higher than the street. He pointed out a higher elevation made the tower more visible than appeared in the drawings. He questioned the elevation at the base of the .tower, pointing out no construction documents had been submitted. He also questioned what would be constructed at the top of the tower. He urged the Council not to approve the application and to identify another site. Ray Albano, 21916 76th Avenue W, #1, Edmonds, said he managed the Summit Place Apartments, 8503 Bowdoin Way, which are adjacent to the site, and they did not receive notice. If they had, they would have been involved. City Attorney Scott Snyder said the City Code provides that the notice be mailed by the applicant to the registered property owner. Mr. Albano requested the Council table this issue to a time indefinite until the issue could be studied. Hearing no further comment, Mayor Fahey closed the public participation portion. Edmonds City Council Approved Minutes April 7, 1998 . Page 9 Mr. Bullock said there was insufficient time available to do a specific study; therefore, an available study was used. He noted each report has a summary section that indicates, after inspecting all sites in surrounding neighborhoods and carefully considering the investigation information, it was concluded telecommunication installations have no detrimental affects on neighboring property values. Another section of the reports indicated the examination of the effects of existing transmission tower sites and surrounding properties and examination of other studies on the subject and available.data indicate that in general, transmission towers are not the type of use that are so intrusive as to have inherently negative impact on surrounding property values. He said the only impact that could be argued was the visual impact as there would not be any significant impact on existing City infrastructure, the use of existing City facilities, and would provide a benefit to the community. He agreed the appraisal report was not specific to Edmonds and wished a more comparable could have been developed. He noted the reports submitted indicated the studies the licensed appraisers considered said that this type of facility did not have an impact on property values. He said one of the reasons this site was chosen was due to its location near the change in grade making it the only site necessary in Edmonds. Councilmember White referred to the comment that there had not been sufficient time for a study. Mr. Bullock said the Hearing Examiner continued the hearing for two weeks for additional information such as appraisal reports. Existing reports and studies were identified, as there was insufficient time to commission a specific report. Councilmember Van Hollebeke referred to the questions regarding the actual visual appearance of the structure and how it is constructed. Mr. Bullock referred to page 239, an elevation drawing showing the specific height of the water tank at 45 feet; the proposed monopole is 110 feet from the base of the water tank. The pole will not have the standard top hat type installation with a triangular platform, but will have three arms on the top, as shown in the drawing, with antennas mounted on the end of the arms. The antennas are approximately 6 inches wide by 5 feet tall. COUNCIL 'PRESIDENT HAAKENSON MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO EXTEND THE DISCUSSION 15 MINUTES. MOTION CARRIED. Councilmember Van Hollebeke asked if the coverage maps had been made available. Mr. Bullock said they were submitted to the Hearing Examiner ,along with the appraisal reports. He said the coverage maps show the proposed site and surrounding sites with radiating circles indicating signal strength moving away from the tower. If there are gaps between the towers, they cannot communicate to each other to maintain a continuous call. Without the proposed site, there is a large hole in Edmonds; with the proposed site there would be positive coverage from downtown Edmonds, to Shoreline, up to Hwy. 99 and adjacent sites. Mr. Snyder asked if the coverage map was included in the packet. Mr. Bullock answered no. Mr. Snyder said the transcript and record appeared to be incomplete. Council President Haakenson asked if the Hearing Examiner had the coverage maps when making his decision. Mr. Bullock said the Hearing Examiner requested this information following the hearing; as. the Hearing Examiner had the appraisal reports, he assumed he also had the coverage maps. Mr. Snyder said as all the records did not appear to be available, the Council had the option of continuing the meeting until the records were available. Edmonds City Council Approved Minutes April 7, 1998 Page 10 Councilmember Van Hollebeke asked Mr. Bullock to clarify what the purpose of the coverage maps was and what impact they would have. Mr. Snyder said Mr. Bullock could explain from the materials provided but if the information was not there, he could not expand upon it. The Council's option would be, if it is believed something is missing, to continue the matter until it can be determined what is in the record. He noted procedural issues have been raised regarding notice and the coverage maps. He said the Council may wish to consider remanding the matter to ensure notice has been sent in accordance with ordinance by comparing the ownership rolls with mailing records from the applicant as well as to supplement the Council packet so a full record is available when making a decision. Councilmember Nordquist asked who determined the 100 -foot height. Mr. Snyder answered Western Wireless determined the height on their application. If constructed, the Building Official would ensure the structure complied. For Councilmember Earling, City Clerk Sandy Chase said the mailing list was provided by the Planning Division. The Community Development Code requires the applicant to develop the mailing list within certain requirements. Mr. Snyder explained the rationale is that the applicant is responsible for failures in the list. Councilmember Earling observed this matter would need to be continued particularly to examine notification. He requested the mailing list be obtained to determine whether notification was adequate. Mr. Chave clarified the site address of the property Mr. Albano referred to was on the mailing list and the notification was not returned. Regarding the coverage map, they were omitted from the packet, as they were not listed in the Hearing Examiner's exhibits. For Council President Haakenson, Mr. Chave explained the three coverage maps show predicted coverage with a 50 foot antenna, with a 120 foot tower, and without the proposed site. Council President Haakenson asked staff to explain the applicant's choice of hearing processes. Mr. Chave explained the goal of regulatory reform was to consolidate hearings and the process so all decisions are made at once. Under the City's system, the applicant did not have to do that. In this situation, the applicant wanted both decisions to take place concurrently, an option that is preferred by the City. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER WHITE, TO CONTINUE THIS MATTER UNTIL COORDINATION WITH PLANNING STAFF CAN OCCUR TO ENSURE ALL INFORMATION HAS BEEN RECEIVED. Council President Haakenson asked if this would include coverage maps. Councilmember Earling said it would include coverage maps as well as notification records, noting if a problem was encountered regarding the notification, re- notification may be necessary. Councilmember White asked if there was a 90- day time frame. Mr. Snyder answered yes. He pointed out regulatory reform did not provide for additional testimony but court cases have established the principle that in an equal protection or due process argument, where an individual was not notified, it is timely at any time during the course of a proceeding. Therefore, a denial or remand on that basis would be appropriate. Regarding Ms. Hart's comments, he noted the Council was sitting as a quasi-judicial body, not elected representatives and were not the citizens' representative but an independent decision - maker. He said the Council's decision must be based on substantial and competent evidence. Edmonds City Council Approved Minutes April 7, 1998 Page 11 Washington State law states a property owner may always testify regarding their own personal property. Therefore, citizens' comments based on other than health impacts are substantial and competent. The Council is prohibited by federal law from considering health impacts; only visual impacts can be considered. Council President Haakenson asked when the 90 days expired. Mr. Chave said the matter was currently at the 90 -day deadline. If the applicant was agreeable, the Code allowed the deadline to be extended. Council President Haakenson suggested the continued closed record meeting on this matter be scheduled for April 28. Mr. Bullock said if April 28 was the soonest the matter could be considered again, they would comply. He asked what other information was being requested, noting the coverage maps were available and he was confident the notice list was correct. Council President Haakenson said the only information being requested was the notification and coverage maps. Councilmember Van Hollebeke observed the appellants appeared to be frustrated with the delay and asked if the matter could proceed if the appellants were agreeable. Mr. Snyder said the matter could proceed but the appellants did so at their own risk realizing a decision could be overturned by anyone who did not have notice and chose to appeal. The issue regarding the coverage maps could be resolved by a recess to allow the Council to review the maps in staff s file. Councilmember Earling appreciated Councilmember Van Hollebeke's comments; however, he pointed out the Council, as a quasi-judicial body,.must make its decision based on good information. He noted the Council was unaware at this time whether this was good information and preferred further information be provided prior to making a decision. Mayor Fahey restated the motion: TO CONTINUE THE CLOSED RECORD MEETING TO APRIL 28 FOR THE PURPOSE OF GATHERING THE REQUESTED INFORMATION TO COMPLETE THE RECORD THAT HAS ALREADY BEEN ESTABLISHED. MOTION CARRIED, COUNCILMEMBER VAN HOLLEBERE OPPOSED. andwich 8. DISCUSSION OF PROPOSED ORDINANCE RELATED TO SANDWICH BOARD SIGNS oard signs Planning Manager Rob Chave said this item was discussed at the February Community Services Committee meeting. He said the City is beginning a review of its sign codes. The City has a history of difficulty with sandwich board signs in commercial districts in the City. The option discussed with the Community Services Committee and recommended in the ordinance contained in the packet is to establish a six month grace period for businesses that have a sandwich board sign for advertising in a location adjacent to their business that would not obstruct traffic while examining the issue during the six month period. City Attorney Scott Snyder said the ordinance contained a blank for a hearing date that needed to be set within 60 days. Mr. Chave explained the hearing could be beneficial to staff to solicit additional testimony regarding this issue. Councilmember Van Hollebeke asked the process to involve the public. Mr. Chave said an informational meeting has been tentatively scheduled for the first week in May. A City -wide mailing to announce the City is examining the code, specifically signs and parking regulations, is planned as well as newspaper announcements. He said sandwich board signs have been an issue for a long time; businesses want a Edmonds City Council Approved Minutes April 7, 1998 Page 12 way to advertise in commercial areas. Staff will attempt to have as public a process as possible to solicit input from residents, businesses, visitors to the City, etc. He noted this issue must also be considered by the Planning Board which would include public hearings. Councilmember Earling referred to the ordinance and asked if "business district" referred to any business zone in the City. Mr. Chave said the ordinance was non - specific and applied to any place sandwich board signs are currently allowed as a temporary sign. Councilmember Nordquist pointed out signage is only enforced on a complaint basis. He said the ordinance may give a false sense that the sign code would be enforced. He preferred the six -month period to study the issue take place, noting the business /traffic season was approaching. He indicated he would not support the ordinance. Councilmember Earling recalled much has been made over the safety hazard caused by sandwich board signs and asked if there was documentation regarding complaints, injuries, etc. Mr. Chave said staff could report on official communications but suspected many complaints were hearsay and not formal complaints. He said it was hoped the public meeting would solicit input from the public. 1. Mr. Snyder referred to Councilmember Nordquist's comments, and said he has expressed concern regarding the impact of opening up downtown and business district sidewalks as a place for expression. One reason for the ordinance as a study period is to emphasize that it remains illegal to use sandwich board signs. The Washington Supreme Court has expanded the campaign sign rules to cover City rights- of-way; one of the few areas that are still off limits are downtown city sidewalks which are crowded venues. Without rules, he was concerned campaign signs could expand to the sidewalk because the City may not restrict political or free speech in a way that is more restrictive than commercial speech. Council President Haakenson requested the ordinance be revised to read, "in any business district" rather than "in the business district in Edmonds." He was concerned with continuing to discuss the removal of sandwich boards without offering any alternatives such as directory maps, etc. Mayor Fahey said there have not been an extraordinary amount of claims for damages against the City for injury caused by sandwich board signs but the potential for injury exists. She noted there are a substantial number of things required by the City's insurance provider to maintain a low risk factor, including not allowing obstructions in the public right -of -way. She said there have been a number of businesses, particularly on weekends, who place sandwich boards not only in the immediate proximity of their own businesses, but also in areas away from their business and even in the middle of sidewalks. Staff has written letters to some of the "worse offenders" which they have consistently chosen to ignore. The intent was to accommodate sandwich boards in the area adjacent to businesses' private property that do not create a hazard and give staff the ability to confiscate hazardous signs. She said it was her intent to confiscate signs, particularly on weekends, while this issue is being studied. She noted many business owners have complained about sandwich boards placed in front of. their businesses that represent other businesses. Councilmember Earling requested staff provide information regarding the actual number of complaints, injuries, etc. Council President Haakenson asked if staff had the ability to confiscate signs now. Mr. Chave answered it was difficult to distinguish between temporary signs and those that are semi - permanent. Edmonds City Council Approved Minutes April 7, 1998 Page 13 COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, FOR APPROVAL OF ORDINANCE NO. 3209, WITH THE REQUESTED ADJUSTMENT, "IN ANY BUSINESS DISTRICT" AND TO SCHEDULE A HEARING FOR MAY 19,1998. - A ROLL CALL VOTE WAS TAKEN: COUNCILMEMBERS VAN HOLLEBEKE, PLUNKETT, EARLING AND WHITE VOTED IN FAVOR; COUNCIL PRESIDENT HAAKENSON AND COUNCILMEMBER NORDQUIST WERE OPPOSED. MOTION CARRIED. ORDINANCE NO. 3209 READS AS FOLLOWS: Ord. #3209 Relating to AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE Permits P PROVISIONS OF CHAPTER 20.60 RELATING TO SIGN PERMITS TO PROVIDE FOR AN Per INTERIM STUDY PERIOD REGARDING A -FRAME AND SANDWICH BOARD DIRECTIONAL SIGNS, DESIGNATING A SIX -MONTH STUDY PERIOD, DIRECTING ENFORCEMENT PRIORITIES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE 9. MAYOR'S REPORT Mayor Fahey encouraged the Council to read the brochures provided in the Council packet from the National League of Cities regarding challenges that city government faces at the federal level. our of 3 Mayor Fahey reported on the tour that several members of the Edmonds Alliance for Economic as by Development (EAED) took of two cities and one business district. The Board met with representatives lliance for Econ. of the Renton City Council and staff to discuss their economic development issues and what prompted velop. them to make the decisions they have made. She noted the initial effort in Renton came from the citizens who wanted the Council to be more proactive in economic development. The Board visited Kirkland and found they too have economic development issues but they came from within the city due to the need for a component in their Comprehensive Plan that addressed economic development. Kirkland found the enactment of some of their zoning regulations regarding height to encourage commercial development resulted in six stories of multifamily rather than four stores of commercial due to the difference in height between floors for commercial versus residential. This resulted in numerous large multifamily dwellings. The Board also visited University Village to see what could be done to create a pedestrian friendly environment. She explained University Village is an open air, roofless mall, with an ambiance similar to what is hoped can be created in Edmonds. Ted Hickle, 3820 191st Place SW, Edmonds, asked to read a statement regarding Medic 7. Council President Haakenson said a presentation from the Fire Tac to the Edmonds City Council was scheduled for April 28. With no further business, the Council meeting was adjourned at 9:19 p.m. BARBARA S. FAHEY, MAYOR -,!� Z • &-4ep SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes April 7, 1998 Page 14 AGENDA EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street 7:00 -10:00 p.m. APRIL 7, 1998 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 MARCH 24, 1998 (C) APPROVAL OF CLAIM WARRANTS #21432 THRU #24058 FOR THE WEEK OF MARCH 23, 1998, IN THE AMOUNT OF $380,027.00. APPROVAL OF CLAIM WARRANTS #21441 THRU #24174 FOR THE WEEK OF MARCH 30, 1998, IN THE AMOUNT OF $222,974.86. APPROVAL OF PAYROLL WARRANTS #19991 THRU #20142 FOR THE PERIOD OF MARCH 16 THRU MARCH 31, 1998, IN THE AMOUNT OF $437,018.88. (D) REPORT ON SEALED BIDS OPENED MARCH 23, 1998 FOR THE SALE OF THE 1989 19 -FOOT ALMAR ALUMINUM RESCUE BOAT AND AWARD TO RANDY PRESTON IN THE AMOUNT OF $6,502 (E) REPORT ON BIDS OPENED MARCH 23, 1998, FOR THE PURCHASE OF A NEW AUTOMATIC FEED PLAIN PAPER ENGINEERING COPIER AND AWARD OF CONTRACT TO C-4 IMAGING SYSTEMS, INC. ($10,373.47, Including Sales Tax). (F) REJECTION OF BIDS OPENED MARCH 24, 1998, FOR CONSTRUCTION OF THE 1998 IMPROVEMENTS OF THE SOUTH COUNTY SENIOR CENTER AND AUTHORIZATION TO CALL FOR NEW BIDS (G) REPORT ON HIGHWAY 99 PROJECT AND AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT (H) APPROVAL OF 1998 TAXI LICENSE FOR CHECKER CAB COMPANY, INC. (1) PROPOSED ORDINANCES RELATED TO VACATION OF RIGHTS -OF -WAY IN THE MEADOWDALE AREA ❑ ORDINANCE NO. 3197 VACATING PORTIONS OF LUND'S GULCH ROAD (WITHIN MEADOWDALE COUNTY PARK) ❑ ORDINANCE NO. 3198 VACATING PORTIONS OF AN UNNAMED STREET (WITHIN MEADOWDALE COUNTY PARK) ❑ ORDINANCE NO. 3199 VACATING A PORTION OF 72ND AVENUE WEST (320 FEET NORTH OF 156TH STREET SOUTHWEST TO CITY OF EDMONDS CORPORATE LIMITS) ❑ ORDINANCE NO. 3200 VACATING A PORTION OF 72ND AVENUE WEST (FROM THE SOUTH PROPERTY LINE OF THE SITIO PLAT TO MEADOWDALE BEACH ROAD, 705 FEET) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE ❑ ORDINANCE NO. 3201 VACATING A PORTION OF 73RD AVENUE WEST (NORTH OF 156-" STREET SOUTHWEST) ❑ ORDINANCE NO. 3202 VACATING A PORTION OF 74TH PLACE WEST (SOUTH OF 162ND STREE SOUTHWEST) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE C3 ORDINANCE NO. 3203 VACATING A PORTION OF 75T T H AVENUE WEST (NORTH OF 156T" STREET SOUTHWEST) ❑ ORDINANCE NO. 3204 VACATING A PORTION OF 156TH STREET SOUTHWEST (WEST OF 75TH PLACE WEST) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE CITY COUNCIL MEETING AGENDA APRIL 7, 1998 PAGE 2 ❑ ORDINANCE NO. 3205 VACATING A PORTION OF 156TH STREET SOUTHWEST (BETWEEN 68TH AVENUE WEST AND 70TH AVENUE WEST) • ORDINANCE NO. 3206 VACATING A PORTION OF 158TH STREET SOUTHWEST (WEST OF 75TH PLACE WEST) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE • ORDINANCE NO. 3207 VACATING A PORTION OF 164TH STREET SOUTHWEST (WEST OF 75TM PLACE WEST) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE • ORDINANCE NO. 3208 VACATING A PORTION OF 172ND STREET SOUTHWEST (FROM 235 FEET WEST OF 74T" AVENUE WEST TO 76TH AVENUE WEST) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE (J) AUTHORIZATION TO ADVERTISE FOR BIDS TO PURCHASE FOUR (4) TRUCK SERVICE BODIES (K) AUTHORIZATION TO SELL UNIT #56, A 1984 ROSCO VIBRASTAT ASPHALT ROLLER AT JAMES MURPHY AUCTION 3. AUDIENCE (3 minute limit per person) 4. (5 Min.) PROCLAMATION IN RECOGNITION OF NATIONAL RECORDS MANAGEMENT WEEK 5. (5 Min.) PROPOSED RESOLUTION OF APPRECIATION TO THE MR. ALLEN FRITZBERG FAMILY AND AUTHORIZATION TO RECORD DEED 6. (20 Min.) CLOSED RECORD MEETING ON THE APPLICATION BY AMY MONTGOMERY AS AGENT FOR BILL & MONTY MONTGOMERY FOR AN AMENDMENT TO THE CITY'S OFFICIAL STREET MAP TO REMOVE THE PROPOSED 60 -FOOT WIDE 4TH AVENUE SOUTH RIGHT -OF -WAY ALIGNMENT BETWEEN HOWELL WAY AND THE SOUTHERN TERMINUS OF THE EXISTING 4TH AVENUE SOUTH RIGHT -OF -WAY, SOUTH OF WALNUT STREET (Applicant: Bill Montgomery / File No. ST -97 -141) 7. (30 Min.) CLOSED RECORD APPEAL MEETING ON AN APPEAL OF THE DECISION BY THE HEARING EXAMINER TO APPROVE CONSOLIDATED PEf MIT APPLICATIONS (FILE NOS. ADB -97 -129 & CU -97 -130) BY WESTERN WIRELESS CORPORATION FOR COMPLIANCE WITH THE CITY ARCHITECTURAL DESIGN BOARD SITE DESIGN CRITERIA, AND A CONDITIONAL USE PERMIT APPLICATION FOR THE DEVELOPMENT OF A 120 -FOOT TALL MONOPOLE CELLULAR COMMUNICATION TOWER. THE SUBJECT PROPERTY IS LOCATED AT 8505 BOWDOIN WAY AND IS ZONED BOTH "P- PUBLIC" AND RM- 2.4 — MULTIFAMILY." (Appellant: Davis, et al; Applicant: Western Wireless Corporation) 8. (10 Min.) DISCUSSION OF PROPOSED ORDINANCE RELATED TO SANDWICH BOARD SIGNS 9. (5 Min.) MAYOR'S REPORT 10. (15 Min.) COUNCIL REPORT Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at (425) 771 -0245 with 24 hours advance notice for special accommodations. The Council Agenda appears on Chambers Cable, Channel 32. Delayed telecast of this meeting appears the following Wednesday, Friday and Monday at noon on Channel 32.