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06/04/1996 City CouncilI jAdd Item Ito Agenda Iminutes I cla�-M warrants 3094] 0 0 n g g] ing d EDMONDS CITY COUNCIL APPROVED MINUTES JUNE 49 1996 The Edmonds City Council meeting was called to order at 7:02 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 Dave Earling, Council President Tom Petruzzi, Councilmember John Nordquist, Councilmember Roger L. Myers, Councilmember Jim White, Councilmember Di ' ck Van Hollebeke, Councilmember Gary Haakenson, Councilmember ALSO PRESENT Alex Moore, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Tom Miller, Police Chief Paul Mar, Community Services Director Art Housler, Administrative Services Director Jeff Wilson, Current Planning Supervisor Kirk Vinish, Planner Steve Bullock, Assistant Planner Brent Hunter, Personnel Manager Scott Snyder, City Attorney Sandy Chase, City Clerk Jeannie Dines, Recorder COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO ADD REGULATIONS FOR ADULT ENTERTAINMENT FACILITIES AS AGENDA ITEM 5A. MOTION CARRIED. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER MYERS, FOR PASSAGE OF THE AGENDA AS AMENDED. A40TION CARRIED. 2. CONSENT AGENDA ITEMS COUNCIULMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILM EMBER HAAKENSON, FOR APPROVAL OF THE CONSENT AGENDA AS SUBMITTED. MOTION CARRIED. The agenda items passed are as follows: (A) ROLL CALL (B) APPROVAL OF MINUTES OF MAY 28,1996 (C) APPROVAL OF CLAIM WARRANTS #9160S THRU #10387F FOR THE WEEK OF MAY 27,1996 IN THE AMOUNT OF $199,909.72 (D) ORDINANCE NO. 3094 AMENDING SECTION 10.40.020(C)(2) OF THE EDMONDS CODE IN ORDER TO CLARIFY THE PLANNING BOARD ROLE IN REGARD TO PARKING Edmonds City Council Approved Minutes June 4, 1996 Page I Ord. 3095 (E) ORDINANCE NO. 3095 AMENDING SECTION 10.16 OF THE EDMONDS CITY CODE Cemetery TO INCREASE THE CEMETERY BOARD ALTERNATE MEMBERS FROM ONE TO Board TWO lCall for jBids (F) AUTHORIZATION TO CALL FOR BIDS FOR 76TH AVENUE WEST AND 9TH AVENUE NORTH STREET REHABILITATION PROJECT IS7udge (G) AUTHORIZATION FOR MAYOR TO SIGN AGREEMINT WITH CH2M HILL FOR lHopper EVALUATION AND RECOMMENDATION OF SLUDGE HOPPER MODIFICATIONS Ord. 3096 (H) ORDINANCE NO. 3096 AMENDING THE PROVISIONS OF SECTION 4.12.030 TO Street CLARIFY LICENSE FEES APPLICABLE TO ASSOCIATED SOLICITORS, PEDDLERS Vendors AND STREET VENDORS 3. AUDIENCE Al Rutledge, 7101 Lake Ballinger Way, Edmonds, referred to the City of Everett's RTA proposal, stating Citizen he was opposed to the RTA plan unless there was a proposal submitted for the City of Edmonds. He Ca7ments indicated he heard that Council President Earling was paid by the RTA and that he would be resigning Re: RTA from the Council if the RTA plan passed. Councilmember Petruzzi urged Mr. Rutledge to have the facts before making inaccurate statements. He noted Council President Earling has served as the Chair of the RTA and has consistently been a regional leader in the RTA. Mr. Earling has reported the facts to the Edmonds City Council and has represented the City of Edmonds in an exemplary manner. He noted the citizens of Edmonds have been so well informed that Edmonds was one of only a few areas to pass the RTA plan previously. Mayor Fahey explained it is not unusual for a Councilmember to serve on a committee outside the Council and to be given a stipend in the form of a salary to cover travel expenses, etc., as is done with the RTA Board. An individual paid for a committee is not paid by the City for the same service. She stressed it is common knowledge Mr. Earling has worked on the RTA plan; the plan reflects the views of Edmonds which the Everett plan does not. 4. INTRODUCTION OF NEW STUDENT REPRESENTATIVE. ALEX MOORE IStudent Rep. Councilmember Haakenson introduced the new Student Representative, Alex Moore. - It was noted that he is a student at Meadowdale High School. Student Representative Moore said he was excited to be at the Council meeting and thrilled to have been selected to represent the youth of Edmonds. He looked forward to learning from the Council and perhaps the Council learning from him. Mayor Fahey invited Student Representative Moore to attend next week's Council Committee meetings. She encouraged him to comment on any items the Council discusses. 5. REVIEW CHANGES TO THE PROPOSED ORDINANCE AMENDING EDMONDS Wirele ss CO NITY DEVELOPMENT CODE TO CREATE A NEW CHAPTER RELATING TO THE Comwun i ca - RE ULATION OF WIRELESS COMMUNICATION FACILITIES (Applicant: Edmonds Planning tion Division / File No. CDC-95-0 Faci 7ities City Attorney Scott Snyder explained this discussion was not an advertised public hearing but intended to coordinate Council comments made at the May 7 hearing, provide additional information in response to Council questions, and allow staff to gather additional information for the public hearing on June 18. Edmonds City Council Approved Minutes June 4, 1996 Page 2 I I Staff would like the public hearing to encompass some additional areas of the City for consideration as the Cable Act of 1995 included a provision which prohibits communities from enacting ordinances which have the affect of prohibiting cellular transmission facilities. He clarified the wording of the Act takes into account that geography and the limits of technology may make an otherwise rational ordinance have the effect of prohibiting communication facilities. Planner Kirk Vinish explained the ordinance reflects the recommendations made in Community Service Director Paul Mar's May 30 mem. * o. He displayed Snohomish County's zoning for wireless communication towers and identified the areas where towers are permitted with and without a Conditional Use Permit (CUP), noting Snohomish County's criteria is far less restrictive than the Edmonds criteria. Assistant Planner Steve Bullock displayed unique topographic characteristics in the Edmonds area, explaining a 100' pole located on the Highway 99 corridor prevents transmission beyond the bluff. A 200'tower located on the Highway 99 corridor still results in some areas in Edmonds which do not have line of sight communication from the tower. He explained the Wireless Communication Committee had two objectives, 1) to prepare an ordinance that fits the needs of the community by locating structures in areas that would minimize the impact to the community, and 2) to allow the facilities to be located in areas that allow the wireless communication industry to provide service into the bowl area as they are mandated to do by the FCC. Mr. Bullock described elevation levels.in Edmonds, noting carriers would like to locate along the 300' - 400' ridge to give them the best chance to provide service to the downtown bowl area. Mr. Bullock identified sites that will provide the objectives of the committee—Edmonds-Woodway High School, Yost Park, Maplewood Park, Southwest County Park, Fire Station at 5 Comers and the new Edmonds High School site. The committee felt that the towers could be permitted in these six areas if they met the criteria of the CUP. Regarding the Council's question whether a CUP should be required for all Monopole II facilities (over 60' in height or Lattice Towers), the committee determined that all General Commercial Zones within 300' of a Single Family Residential zone should require a CUP. The committee felt a CUP for areas in the General Commercial Zones that are not within 300' of a Single Family Residential Zone would not be productive as the criteria for those structures would be difficult or impossible to meet due to the limited vegetation and few buildings over 3 0' in height. Councilmember Myers asked if Monopole II facilities would be allowed to be located in parks. Mr. Bullock advised the committee proposed that Yost, Maplewood and South County Parks could have those facilities if they met the criteria for the CUP. The rationale for, locating in a densely vegetated area that is used less than some other areas such as the High School was that it seemed best to locate a facility over 60' in height in an area that minimizes the visual impact to the surrounding neighborhood. Councilmember Myers noted because there is less use of the park, there may be a higher risk of vandalism, climbing the tower, liability, etc. He preferred the towers not be located in parks. Mr. Snyder explained that although an area may be zoned as having a potential for a site, the City as a lessor of the property may impose various restrictions (such as indemnity, screening, height limits, etc.).. Council President Earling described towers in other areas which he felt were ugly. He stressed that "real people" live along Highway 99 and are within 300' of some poles. He grappled with the idea of afacility in a park and looked forward to a discussion of newer technology at the June 18 public hearing. Edmonds City Council Approved Minutes June 4, 1996 1 Page 3 Councilmember Haakenson also expressed concern with a Monopole II located in a park. While South County Park may be an ideal place to hide a facility, the seclusion would make it more attractive for climbing, etc.. Councilmember Petruzzi accepted that he did not have a choice, an ordinance must be put into place. He strongly opposed locating facilities in parks, pointing out that no other commercial enterprises are allowed in parks. Community Services Director Paul Mar displayed photographs of the CG Zone on SR 99, a 80' high telephone pole in the CG Zone at Harbor Square, the 70-80' high light standards and 85' high stadium lights at Edmonds-Woodway High School, a cellular tower east of the cemetery on 205th (showing how the trees obscure the tower), a 80' power pole in Yost Park, a 100' Monopole in Shoreline (on 15th Avenue NW, north of 175th), and antennas on the Fire Station at 5 Comers and water tanks. He also displayed a photograph of a Wireless Communication Tower, designed to look somewhat like a tree. Mr. Vinish reviewed the areas where Monopole I towers are permitted with and without a CUP. He said discussion with the carriers indicate they do not anticipate a need for a lot of towers and plan to focus on macro or mini facilities at this time. Carriers have also indicated they are willing to locate on existing light standards and other similar facilities. Referring to question/answer ZI on Mr. Mar's May 30 memo, Councilmember Petruzzi suggested an overlay of the CG District be created. He reviewed questions Z2 - Z5 which represented his concerns and the answers provided by Mr.. Mar, pointing out Councilmembers objected to locating towers in parks. Mr. Mar questioned whether a macro facility (a whip antenna) on an existing structure, such as the 80' high light standard in the CG Zone in Harbor Square, would be acceptable to the Council. He advised the ordinance as modified, would not permit a Monopole IIALattice Tower in the Harbor Square CG Zone; however, micro, mini and macro facilities are permitted in a CG Zone. He explained the micro facility would be approximately 4' in height, gray in color and 2 " in diameter. Councilmember Nordquist asked what the transmission/receiving range of the various poles would. be. Mr. Mar said carriers have indicated locating micro facilities on the top or side of buildings would be sufficient for their needs. Councilmember Nordquist expressed concern with "over-poling"the town. Mr. Mar advised the ranges could be included in the staff presentation at the June 18 public hearing. Mr. Vinish noted topography is the primary restraint the cellular carriers are faced with. Councilmember Van Hollebeke asked that further description of the operation and application of the smaller antennas be provided at the June 18 public hearing. COUNCELMEMBER MYERS MOVED, SECONDED BY COUNCELMEMBER PETRUZZI, TO EXTEND THE DISCUSSION AN ADDITIONAL TEN MINUTES. MOTION CARRIED. Mayor Fahey reiterated the Council may ultimately be forced to make some choices as the City is required, under the Telecommunications Act, to provide reasonable access for siting facilities throughout the City. The staff considered parks as they may be the only viable place to locate a facility. Mr. Snyder noted a possibility would be to have an overriding Special Use Permit that would permit a carrier to present and attempt to convince the Council of the suitability of another location. He reminded the Edmonds City Council Approved Minutes June 4, 1996 Page 4 Council that their decision would be based on the information developed at the June 18 hearing; when carriers will provide further information. 5a. ORDIN ANCE NO. 3097 OF THE CITY OF EDMONDS, WASHINGTON, ADDING A NEW Ord. 3097 CHAPTER 4.52 TO EDMONDS MUNICIPAL CODE ENTITLED "REGULATIONS FOR ADULT Adu7t ENTERTAINMENT FACILITIES" RELATING TO THE REGULATION OF ADULT Enter- ENTERTAINMENT FACILITIES AS DEFINED HEREIN, PROVIDING FOR THE LICENSING tainment OF SUCH BUSINESSES, FURTHER PROVIDING STANDARDS OF CONDUCT AND OPERATION, INCLUDING THE REGULATION OF CERTAIN PHYSICAL FEATURES OF ADULT ENTERTAINMENT FACILITIES, AND ESTABLISHING MISDEMEANOR OFFENSES AND PENALTIES FOR VIOLATIONS. City Attorney Scoff Snyder explained the City created, after a series of public hearings, a moratorium on adult entertainment facilities until the Planning Board can make a recommendation regarding a zoning structure. This ordinance was brought to the Council for three reasons, 1) it is important the Council have strong, constitutionally supportable underlying licensing regulations, 2) at the series of moratorium hearings, the Council adopted as part of its Finding of Fact, studies from other cities showing severe secondary impacts on businesses., schools and residences from unregulated facilities, and 3) regardless of the City's ultimate zoning, strong licensing provisions are important to assist the Police Department in enforcement. Mr. Snyder explained the ordinance is based on the recent experiences of Bellevue and Federal Way, provides for limitations on licensing, advertising, view, separation of customers and patrons, etc. He recommended passage of the ordinance with the understanding that if the moratorium or the City's I ordinance were challenged or overturned, the City would have strict licensing provisions in place. The licensing provisions will be returned to the Council for reconsideration as part of the zoning to allow the Council to review them in depth. Councilmember Myers requested the words "The City Council" be inserted in the 5th WHEREAS on page 1. Mr. Snyder suggested a motion to approve include that revision. Referring to page 6, Section 3, fourth line, Councilmember Myers requested the word "arrange" be changed to "arranged". In response to a question regarding the need for a public hearing, Mr. Snyder advised the ordinance is a licensing provision and not a zoning change; therefore it was within the Council's legislative discretion to enact this ordinance without a public hearing. However, the City is required to consider public evidence and create a record when it enacts a provision that may restrict the exercise of free speech. As indicated in the ordinance, the Council has had four public hearings regarding adult entertaimnent since October 1995; therefore, the legislative record is cumulative. Councilmember White expressed concern that the Council had not had an opportunity to review the 30 page ordinance in detail. He noted there were two paragraph 13's on pages 20 and 21 containing conflicting information. Mr. Snyder said the ordinance could be placed on a future agenda for review; however, he recommended more restrictive, up-to-date licensing be put into effect. , COUNCILMEMBER. VAN HOLLEBEKE MOVED, SECONDED BY' COUNCILMEMBER MYERS, THAT THE CITY COUNCIL PASS ORDINANCE 3097 REGARDING REGULATING ADULT ENTERTAINMENT FACILITIES LICENSING AS PRESENTED WITH THE MINOR AMENDMENTS FOR CLARIFICATION. MOTION CARRIED. Mayor Fahey said the ordinance could be scheduled for fiirther discussion at the Council's June work session and then placed on the July Consent Agenda. Councilmember Myers suggested the Council Edmonds City Co uncil Approved Minutes June 4, 1996 Page 5 submit written questions to staff to be addressed prior to a discussion. Mr. Snyder agreed and offered to bring his "adult entertainment expert" to the work session. Mayor Fahey requested Council provide their concerns to Community Services Director Paul Mar to allow staff adequate time to provide answers prior to the work session. Mayor Fahey declared a five minute recess. 6. AUTHORIZATION TO ADVERTISE REQUEST -FOR PROPOSALS FOR COMPREHENSIVE HUMAN RESOURCES PLAN Personnel Manager Brent Hunter highly recommended this project for the City, noting the last time the City used a consulting firm to analyze the City's workforce was 30 years ago. He explained the proposal was to contract for a professional management consulting firm to analyze the organization and workforce of the City with the goal of becoming more efficient and effective. The intent is to advertise the project immediately with the goal of having the consultant hired within 5-6 weeks and the project completed by year end. Referring to the funding proposal, he noted the figures were based on an estimate provided to the City and was not a bid. The figures were based on a formula using number of employees; therefore, the figures would be reduced proportionately if the project were bid less. For Councilmember Nordquist, Mr. Hunter advised the RFP would be advertised in the Journal of Commerce, and he planned to contact the Health District, Bothell, and AWC to ask who they received proposals from. He also planned to contact firms in the Yellow pages under Business Management Consultants and General Management Consultants. For Council President Earling, Mr. Hunter clarified staff would only be advertising for the RFP, the Consultant Selection Committee would select a consultant and negotiate a contract. The contract would then be brought back to the Council. COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, THAT THE CITY COUNCIL AUTHORIZE STAFF TO ADVERTISE FOR REQUEST FOR PROPOSALS FOR THE COMPREHENSIVE HUMAN RESOURCES PLAN. MOTION CARRIED. Councilmember Haakenson said due to the short time frame, he and Mr. Hunter had a concern with the Council Selection Committee selecting a consultant as it is also working on design issues as a result of the Public Safety Bond. Mr. Hunter recommended the Human Resources Committee be considered to make the selection—Councilmember Petruzzi and Haakenson to serve as a Consultant Selection Committee for this project. Council President Earling confirmed the recommendation. Mr. Mar reminded the Council the interviews for the Public Safety consultant was scheduled for July 18. 7. MAYO Pub7ic ayor Fahey announced a Public Information Forum regarding adult entertainment was scheduled for in fo 7:00 p.m., June 19 at the Senior Center. The forum would allow participation in the process of defining Forum the adult entertainment ordinance. Edmonds City Council Approved Minutes June 4, 1996 Page 6 " t f Mayor Fahey announced Bianca Kajlich was selected as the new Miss Edmonds. Further, the City continues to seek funding for the Fourth of July fireworks; she invited businesses or individuals worok]s interested in making a contribution to contact the Chamber of Commerce. Ichurch ayor Fahey announced the City is accepting proposals for uses of the historical church. The City 1Bui Iding would like o see it moved rather than destroyed. Councilmember Myers pointed out the Council must approve the offer for sale or declare the building surplus before accepting proposals for its use. I 8. COUNCIL Council President Earling pointed out a discussion of which City Council appointments qualify for compensation is scheduled for June 25. At the request of Councilmember Myers, a discussion of general compensation for Councilmembers will be included. Mr. Earling announced he would make a presentation to the Council at the end of the month to describe the minor changes made to the draft RTA plan. The Council could then evaluate the changes and determine whether they wished to take an official position on the plan. Councilmember Nordquist pointed out the amount of time it takes to be a Councilmember. He thanked Council President Earling for his participation on the RTA Board. Councilmember Petruzzi thanked Council President Earling for his involvement in the difficult struggle to retain the Commuter Train in the RTA plan. Councilmember Van Hollebeke reported on a meeting he attended, "Local Dialogue on Poverty", which focused on problems and solutions. He noted it was the largest meeting anywhere in the country. Councilmember Myers said he served as a judge for the Miss Edmonds Scholarship Pageant and was impressed by the talent and poise of the contestants. He thanked Amy Sterling for Co -Chairing the pageant and suggested the Pageant and the Waterfront Festival be combined. He welcomed Student Representative Alex Moore. Mayor Fahey advised there have been discussions of combining the pageant with the Waterfront Festival. She recognized Amy Sterling's mother who also assisted with the pageant. Mayor Fahey announced she would be out of the City most of next week attending the Association of Washington Cities meeting; Council President Earling would be acting as Mayor Pro Tem. With no further business, the meeting was adjourned at 9:05 p,m. BARBARA S. FAHEY, MAYOR' SAMRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes June 4, 1996 Page 7 AGENDA EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building Tor 650 Main Street 7:00 - 10:00 p.m. JUNE 4,1996 CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF MINUTES OF MAY 28,1996 (C) APPROVAL OF CLAIM WARRANTS #9160S THRU #10387F FOR THE WEEK OF MAY 27,1996 IN THE AMOUNT OF $199,909.72 (D) PROPOSED ORDINANCE AMENDING SECTION 10.40.020(C)(2) OF THE EDMONDS CITY CODE IN ORDER TO CLARIFY THE PLANNING BOARD ROLE IN REGARD TO PARKING (E) PROPOSED ORDINANCE AMENDING SECTION 10.16 OF THE EDMONDS CITY CODE TO INCREASE THE CEMETERY BOARD ALTERNATE MEMBERS FROM ONE TO TWO (F) AUTHORIZATION TO CALL FOR BIDS FOR 76TH AVENUE WEST AND 9TH AVENUE NORTH STREET REHABILITATION PROJECT (G) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH CI-12M HILL FOR EVALUATION AND RECOMMENDATION OF SLUDGE HOPPER MODIFICATIONS (H) PROPOSED ORDINANCE AMENDING THE PROVISIONS OF SECTION 4.12.030 TO CLARIFY LICENSE FEES APPLICABLE TO ASSOCIATED SOLICITORS, PEDDLERS AND STREET VENDORS 3. AUDIENCE (3 minute limit per person) 4. (5 Min.) INTRODUCTION OF NEW STUDENT REPRESENTATIVE, ALEX MOORE 5. (45 Min.) REVIEW CHANGES TO THE PROPOSED ORDINANCE AMENDING E DMONDS COMMUNITY DEVELOPMENT CODE TO CREATE A NEW CHAPTER RELATING TO THE REGULATION OF WIRELESS COMMUNICATION FACILITIES (Applicant: Edmonds Planning Division I File No. CDC-96-67) 6. (15 Min.) AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSALS FOR COMPREHENSIVE HUMAN RESOURCES PLAN 7. (5 Min.) MAYOR 8. (15 Min.) COUNCIL Parking and meeting rooms are accessiblefor persons with disabilities. Contact the City Clerk at 771-0245 with 24 hours advance notice for special accommodations. The Council Agenda appears on Chambers Cable, Channel 32. Delayed telecast of this meeting appears thefollowing Wednesday, Friday and Monday at noon on Channel 32.