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07/16/1996 City Councilapprove Minutes Approve C im nts EDMONDS CITY COUNCIL APPROVED MINUTES JULY 169 1996 Following an Executive Session on a legal. matter, the Edmonds City Council meeting was called to order at 7:20 p.m. by Mayor Barbara Fahey in the Library Plaza Room, 650 Main Street. The meeting was opened with 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 Dick Van Hollebeke, Councilmember Gary Haakenson, Councilmember ALSO PRESENT Alex Moore, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Michael Springer, Fire Chief Paul Mar, Community Services Director Charles Day, Accounting Manager James Walker, City Engineer Rob Chave, Planning Manager Brent Hunter, Personnel Manager John Wallace, City Attorney Sandy Chase, City Clerk Jeannie Dines, Recorder COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER HAAKENSON, TO ADD A 30 MINUTE EXECUTIVE SESSION REGARDING A POTENTIAL LEGAL MATTER AS AGENDA ITEM #11, WITH THE POSSIBILITY OF A DECISION FOLLOWING THE EXECUTIVE SESSION. MOTION CARRIED. (Councilmember Petruzzi was not present for the vote.) COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR APPROVAL OF THE AGENDA AS AMENDED. MOTION CARRIED. (Councilmember Petruzzi was not present for the vote.) 2. CONSENT AGENDA ITEMS COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER MYERS, FOR APPROVAL OF THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED. (Councilmember Petruzzi was not present for the vote.) The items passed are as follows: (A) ROLL CALL (B) APPROVAL OF MINUTES OF JULY 2, 1996 (C) APPROVAL OF CLAIM WARRANTS #9171S THRU #11126F FOR THE WEEK OF JULY 1, 1996 IN THE AMOUNT OF $199,271.64; APPROVAL OF CLAIM WARRANTS #9172S THRU 11265F FOR THE WEEK OF JULY 8, 1996 IN THE AMOUNT OF $288,176.40; AND APPROVAL OF PAYROLL WARRANTS #10927 THRU #11243 FOR THE PERIOD JUNE 16 THRU JUNE 30,1996 IN THE AMOUNT OF $515,024.49 Edmonds City Council Approved Minutes July 16, 1996 Page I namagesfor (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM JOEL MCFARLAND ($99.95), AND FROM UNITED PARCEL SERVICE ($581.00) Ramp (E) REPORT ON QUOTATIONS AND AUTHORIZATION TO PURCHASE A RAMP Trailer TRAILER FROM NOSTAR INDUSTRIES ($6,715.97) Vactor (F) REPORT ON FINAL CONSTRUCTION COSTS FOR THE PUBLIC WORKS VACTOR Decanion t StatDECANT STATION CONCRETE WALL PROJECT AND COUNCIL ACCEPTANCE OF THE PROJECT Air (G) AUTHORIZATION TO CALL FOR BIDS TO REPLACE UNIT #86, A 1986 GRIMMER Compressor SCHMIDT AIR COMPRESSOR Incinerator (H) AUTHORIZATION TO CALL FOR BIDS TO REPLACE INCINERATOR EXPANSION JOINT HPDES (n AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH COSMOPOLITAN Permitting ENGINEERING GROUP FOR NPDES PERMITTING ASSISTANCE Reso e49 (•) RESOLUTION NO. 849 ESTABLISHING A PUBLIC HEARING DATE ON AUGUST 20, Set Hearing 1996, TO CONSIDER A REQUEST TO VACATE THE UNOPENED PORTION OF THE Date - File ST-96-75 20-FOOT WIDE PUBLIC RIGHT-OF-WAY LYING BETWEEN OLYMPIC VIEW DRIVE AND APPROXIMATELY 76TH AVENUE WEST; AND, A REQUEST TO VACATE AN APPROXIMATELY 10 - 20-FOOT WIDE PORTION OF PUBLIC RIGHT-OF-WAY LOCATED ON THE WEST SIDE OF OLYMPIC VIEW DRIVE RUNNING NORTH OF 184TH STREET SOUTHWEST APPROXIMATELY 270 FEET. THE PROPOSED RIGHTS -OF -WAY VACATIONS ARE LOCATED ADJACENT TO THE PROPERTY LOCATED AT 7704 OLYMPIC VIEW DRIVE. (Applicant: Charles Maki / File No. ST-96- 78) 3. AUDIENCE water ski Al Rutledge, 7101 Lake Ballinger Way, Edmonds, commented on the water-ski event on Lake Event Ballinger the previous weekend, noting although it was not a spectator event, it drew participants and resulting revenues to the area. He urged the City to support the event next year. Roger Hertrich, 1020 Puget Drive, Edmonds, said he was told by the City Clerk Sandy Chase as well Ferry Dock as Community Services Director Paul Mar that the Findings of Fact for the hearing regarding the ferry dock were not available. He asked when the Findings of Fact would be available to the public. City Attorney John Wallace answered the Findings of Fact are currently in draft form, and not a document available for public distribution. As soon as they are in final form, they will be available to the public. Financial Rich Demeroutis, 921 Pine Street, Edmonds, questioned the extension of Financial Center tenant Center leases as the additional time costs the City money. Further, he questioned whether it would be necessary Building to install the new roof in the winter, which could cost more. He recommended the tenants fmd alternative lease space until their building is finished as it does not appear their building would be completed by October. Edmonds City Council Approved Minutes July 16, 1996 Page 2 Community Services Director Paul Mar described the City's actions regarding acquisition and financing of the Edmonds Financial Center, including adoption of Ordinance No. 3022 which amended the Capital Facilities Plan (CFP) to purchase the Edmonds Financial Center; adoption of Ordinance No. 3031, which imposed an additional .25% Real Estate Excise Tax to provide funding for projects specified in the CFP; and adoption of Ordinance No. 3034 which issued the General Obligation Bonds to purchase the Edmonds Financial Center (bonds were sold in early July 1995). The sale of the Edmonds Financial Center was closed August 8, 1995. In accordance with Ordinance 3034, the City is required to pay one annual payment ($160,000 in 1996) against the principle and two semi-annual payments ($131,685 each in 1996) —the source of the payments is from the additional 0.25% Real Estate Excise Tax. Mayor Fahey clarified Mr. Mar had responded to Mr. Demeroutis' comments to eliminate any mis- information being broadcast to the public. 4. REPORT ON COUNCIL COMMITTEE MEETINGS OF JULY 9, 1996 Finance Finance Committee Committee I Committee Chair Nordquist reported the Finance Committee reviewed the Business License Brochure which describes services available to businesses in the City. The Finance Committee continued its discussion on Cellular Tower Taxation. Petty Cash Expenditures were reviewed and found to be in order. An authorization to hire three police officers under the Cops Universal Grant was considered. As the Police Chief and Assistant Police Chief were unable to attended the meeting, this subject was placed on next month's agenda to determine the source of additional funding for the three year period. i� Public Safety Committee ty Committee Chair Myers was unable to attend the meeting. Councilmember White advised the 'tte Committee discussed authorization to hire three police officers under the Cops Universal Grant. This was considered to be a public safety issue and the Public Safety Committee advanced the issue for approval to the Finance Committee to determine whether it was feasible to implement the program. Further, the Committee asked that the proposed Ordinance prohibiting parking on narrow streets be placed on the Council agenda. Councilmember Myers noted he and Councilmember Petruzzi planned to change committee assignments, Councilmember Myers will chair the Community Service Committee and Councilmember Petruzzi will chair the Public Safety Committee. Community Community Services services Councilmember Van Hollebeke reported the committee discussed expanding three hour parking on Committee Howell Way which was forwarded to the Council agenda. An update on the Edmonds Elementary School playground project, a cooperative effort between the City and the School District, was presented to the committee. Recreation staff was directed to prepare an informational memo to the Council. Discussion continued on the Planning Division's response to Regulatory Reform, particularly regarding planning fees. Staff was directed to amplify its analysis of costs for planning permits to include the cost for staff review time as well as processing costs and to invite developers/commercial property owners to an open house -type meeting to solicit input on the status of planning fees and proposed solutions. Possible amendments as a result of Regulatory Reform were discussed, including the possibility of public criticism regarding decisions on short subdivision being made at staff level without need for a public hearing. Planning Division Manager Rob Chave provided a Housing Plan Update to the committee, noting a consultant will make a presentation to the City Council at its July 23 meeting and an Edmonds City Council Approved Minutes July 16, 1996 Page 3 in-depth discussion will be held at the joint City Council/Planning Board meeting in August. Councilmember Van Hollebeke thanked Councilmember Petruzzi for his leadership in chairing the committee. 5. HEARING ON ORDINANCE NO.3102 ON EXPANSION OF LIMITED PARKING ON HOWELL Ord. 3302 Parking on WAY xowell way City Engineer Jim Walker advised the proposed ordinance had been discussed by the Community Services Committee as well as by the Parking Committee. He explained the redevelopment on Fifth and Howell has added parking on the street and another proposal will also add parking. This ordinance will create the same type of parking as exists (by ordinance) on the other side of the street, three hour parking and employee permit parking. Council President Earling asked if the restaurant owners had been contacted. Mr. Walker advised the restaurant owners were aware of the proposed ordinance. Engineering Coordinator Gordy Hyde advised the restaurant owners constructed the curbs and the sidewalks and were in favor of the limited parking. Council President Earling asked if the employee permit parking would create a conflict with customer parking. Mr. Hyde said he has not seen a parking problem when he has visited the area. Mayor Fahey opened the public participation portion of the hearing. There were no members of the public present wishing to testify; therefore, Mayor Fahey closed the public participating portion and remanded the matter to Council for action. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MYERS, FOR APPROVAL OF ORDINANCE NO. 3102 EXPANDING LIMITED PARKING ON HOWELL WAY, AND AUTHORIZING STAFF TO POST SIGNAGE AS NECESSARY. MOTION CARRIED. 6. HEARING ON PROPOSED AMENDMENT TO EDMONDS COMMUNITY DEVELOPMENT Seasonal Farmers CODE SECTION 16 50 030 TO ALLOW FOR "SEASONAL FARMERS MARKET" AS A Market PERMITTED OUTDOOR USE IN THE BC ZONE% AND THE CREATION OF A NEW DEFINITION FOR THE TERM "SEASONAL FARMERS MARKET" TO BE INCLUDED IN ECDC SECTION 21 90 009 (Applicant: Edmonds Planning Division / File No. CDC 96-73) Planning Manager Rob Chave reported the Planning Board unanimously recommended the amendment to the Code to allow Seasonal Farmers Markets as an outdoor use in the BC Zone. This use is supported by the Comprehensive Plan as it increases outdoor activity in the downtown area. He stressed this use will not relieve the operator from meeting applicable Code requirements. Mayor Fahey opened the public participation portion of the hearing. Paul Haney, 16431 66th Ave West, Edmonds, explained he is proposing a market near the Waterfront Antique Mall that will sell produce, floral, and other perishable items. He felt such a market would draw visitors to the area and would be a good addition to the waterfront. He urged the Council to approve the amendment as he would like to open the market as soon as possible. Edmonds City Council Approved Minutes July 16, 1996 Page 4 Al Dykes, 3131. E. Madison, Suite 202, Seattle, and owner of the above mentioned property, stated the proposed business would make a positive contribution to the City by increasing pedestrian activity and providing citizens and visitors with options. He urged the Council to approve the amendment. Mayor Fahey closed the public participation portion and remanded the matter to Council for action. Councilmember Petruzzi spoke in support of the amendment, noting Farmer's Markets increase pedestrian traffic in the community and ultimately provide additional revenue for the City. Ord. "03 seasonal COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER HAAKENSON, Farmers Market FOR APPROVAL OF ORDINANCE NO. 3103 AMENDING ECDC SECTION 16.50.030 TO ALLOW FOR "SEASONAL FARMERS MARKET" AS A PERMITTED OUTDOOR USE IN THE BC ZONE. MOTION CARRIED. Ord, 3104 7. ORDINANCE NO. 3104 PROHIBITING PARKING ON NARROW STREETS Parking on Narrow Streets City Engineer Jim Walker advised the proposed ordinance was reviewed by the Public Safety Committee last week. Engineering Coordinator Gordy Hyde explained state law prohibits the parking of vehicles outside of municipal limits on roadways in such a manner as to impede the flow of traffic. The proposed ordinance creates the same restrictions within the City of Edmonds by requiring vehicles to park entirely off the paved section of the roadway on streets without curbs and allows vehicles to park on streets with curbs only if a minimum of 10 feet of lane width remains for vehicles traveling in the same direction. The proposed ordinance also disallows parking in cul-de-sacs when such parking restricts emergency vehicle access. Mayor Fahey said the Public Safety Committee reviewed the proposed ordinance and recommended approval. COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO ADOPT ORDINANCE NO. 3104, PROHIBITING PARKING ON NARROW STREETS. Council President Earling advised when the Public Safety Committee meeting discussed this, their concern was the effect this ordinance would have on neighborhoods that use streets for parking. The Assistant Police Chief assured them that the Police Department did not plan to aggressively enforce the ordinance; enforcement would likely be done on a complaint basis. Councilmember Earling supported the proposed ordinance unless aggressive enforcement was intended. MOTION CARRIED. ADDITION TO THE AGENDA Councilmember Petruzzi said when the Executive Session was added to the agenda, the City Attorney believed the topic was already on the agenda. Since it was not on the agenda, consideration of the ruling made on the ferry dock hearing needed to be added. tion to da - COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, �96 TO ADD TO THE AGENDA AS ITEM #12 POSSIBLE DISCUSSION OF THE DECISION MADE ing - Dock AT THE APPEAL HEARING OF JUNE 18, 1996 REGARDING THE FERRY DOCK. MOTION CARRIED WITH COUNCILMEMBER MYERS VOTING NO. Edmonds City Council Approved Minutes July 16, 1996 Page 5 Amend MEBT '8. APPROVAL OF AMENDMENT TO MUNICIPAL EMPLOYEES BENEFIT TRUST OUBT) Plan PLAN Personnel Manager Brent Hunter explained the City made a change in its MEBT Plan to term life insurance which was reviewed and approved by the City Council last year. The change required some legal work, including an amendment to the MEBT Plan. The amendment was prepared by Paul McDonald, the attorney retained by the MEBT and was reviewed by the MEBT Committee. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, FOR APPROVAL OF THE AMENDMENT TO THE MEBT PLAN AS PROPOSED. MOTION CARRIED. 9. MAYOR Mayor Fahey requested the Council take action on a request for funding from the Police Department for their third annual Management Planning Retreat in September. The expenditure is less than $200 per person; however, as submitted, the total dollar amount, $1,747.62, requires Council approval. Immediate action is necessary to allow a $500 deposit to reserve the facility. Police Management COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER VAN Retreat HOLLEBEKE, TO AUTHORIZE THE MAYOR TO APPROVE THE EXPENDITURE OF $1,747.62 FOR TRAVEL AND LODGING SO NINE MEMBERS OF THE POLICE DEPARTMENT MAY PARTICIPATE IN THE MANAGEMENT RETREAT. MOTION CARRIED. Adult Mayor Fahey urged citizens to participate in the public hearing to solicit input on an ordinance regulating Entertain- adult entertainment which will be held by the Planning Board on July 24 at 7:00 p.m. in the Plaza ment ordinance Meeting Room. The discussion will focus on regulations which require the City to provide appropriate zoning for adult entertainment and where in the City such zoning would be appropriate. Advance information is available at City Hall. Summer Mayor Fahey reminded everyone of the Saturday Market each Saturday on Bell Street between 5th and Events 6th and the Concert in the Park series on Sundays at 3:00 p.m. The July 22 concert will also be the kick- off of Hekinan Week, July 21 - 26. She invited everyone to the family concerts on Thursdays at 11:30 a.m. at the amphitheater at the Anderson Center and to the Youth Circus on July 17 and 1.8. 10. COUNCIL Council President Earling reminded the Council of the special meeting on Thursday at 5:00 p.m. He o_ss and asked any Councilmembers who were interested in attending the Cities and Towns meeting in Marysville Meeting on July 25 to let him know by July 17. Mayor Fahey noted the special meeting on Thursday was to interview the various design teams who have presented designs for the Public Safety facility and was open to the public. Economic Councilmember Van Hollebeke reported the Edmonds Alliance for Economic Development is moving Development ahead with great speed and will have a retreat on August 7. He encouraged citizens to provide input on economic development and methods of achieving it. Edmonds City Council Approved Minutes July 16, 1996 Page 6 Councilmember Petruzzi did not favor the retreat requested by the Human Resource consultant. ncial Regarding Mr. Demeroutis' earlier comments, Councilmember Petruzzi stressed the City had never er ding depended on the rents from the Financial Center to pay the bonds; the rents were viewed as a plus factor to be added to the general fund. By collecting those rents, the City has spent less of the taxpayers' money. The extension of the rental agreement was necessary due to building delays caused by heavy rains earlier this year. RCouncilmember Nordquist asked what the plan was for resurfacing SR 104, if it would extend to the esurfacing SR 104 ferry dock. He suggested the construction schedule be broadcast on the public cable station. Mr. Mar agreed to provide a construction schedule for SR 104 and Hwy 524. Executive Session 6/18/96 appeal Hearing/ Ferry Dock Councilmember Haakenson also did not favor the retreat with the Human Resources consultant. He also thanked staff and Councihnembers for his birthday card. Mayor Fahey clarified the "retreat" referred to by the Human Resources consultant was more of a work session to determine the future direction of the City and how to staff to meet those goals. Student Representative Alex Moore apologized for being unable to attend the Japanese Tea Ceremony as part of Hekinan Week as he will be outof town at a cross-country meet. 11. EXECUTIVE SESSION REGARDING A LEGAL MATTER Mayor Fahey declared the Council recessed to Executive Session at 8:17 p.m. The meeting was reconvened at 8:57 p.m. 12. POSSIBLE DISCUSSION OF THE DECISION MADE ON THE JUNE 18, 1996 APPEAL HEARING REGARDING THE FERRY DOCK No action taken on this item. Following the Executive Session, Mayor Fahey adjourned the meeting at 8:58 p.m. i ..i / RMar� Edmonds City Council Approved Minutes July 16, 1996 Page 7 AGENDA EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street 7:00 -10:00 p.m. JULY 16, 1996 CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF COUNCIL MINUTES OF JULY 2, 1996 (C) APPROVAL OF CLAIM WARRANTS #9171S THRU #11126F FOR THE WEEK OF JULY 1, 1996 IN THE AMOUNT OF $199,271.64; APPROVAL OF CLAIM WARRANTS #9172S THRU #11265F FOR THE WEEK OF JULY 8, 1996 IN THE AMOUNT OF $288,176.40; AND APPROVAL OF PAYROLL WARRANTS #10927 THRU #11243 FOR THE PERIOD JUNE 16 THRU JUNE 30, 1996 IN THE AMOUNT OF $515,024.49. (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM JOEL MCFARLAND ($99.95), AND FROM UNITED PARCEL SERVICE ($581.00) (E) REPORT ON QUOTATIONS AND AUTHORIZATION TO PURCHASE A RAMP TRAILER FROM NOSTAR INDUSTRIES, INC. ($6,715.97) (F) REPORT ON FINAL CONSTRUCTION COSTS FOR THE PUBLIC WORKS VACTOR DECANT STATION CONCRETE WALL PROJECT AND COUNCIL ACCEPTANCE OF THE PROJECT (G) AUTHORIZATION TO CALL FOR BIDS TO REPLACE UNIT #86, A 1986 GRIMMER SCHMIDT AIR COMPRESSOR (H) AUTHORIZATION TO CALL FOR BIDS TO REPLACE INCINERATOR EXPANSION JOINT (I) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH COSMOPOLITAN ENGINEERING GROUP FOR NPDES PERMITTING ASSISTANCE (J) PROPOSED RESOLUTION ESTABLISHING A PUBLIC HEARING DATE ON AUGUST 20, 1996, TO CONSIDER A REQUEST TO VACATE THE UNOPENED PORTION OF THE 20-FOOT WIDE PUBLIC RIGHT- OF-WAY LYING BETWEEN OLYMPIC VIEW DRIVE AND APPROXIMATELY 76TH AVENUE WEST; AND, A REQUEST TO VACATE AN APPROXIMATELY 10 - 20-FOOT WIDE PORTION OF THE PUBLIC RIGHT-OF- WAY LOCATED ON THE WEST SIDE OF OLYMPIC VIEW DRIVE RUNNING NORTH OF 184TH STREET SOUTHWEST APPROXIMATELY 270 FEET. THE PROPOSED RIGHTS -OF -WAY VACATIONS ARE LOCATED ADJACENT TO THE PROPERTY LOCATED AT 7704 OLYMPIC VIEW DRIVE. (Applicant: Charles Maki / File No. ST-96-78) 3. AUDIENCE (3 minute limit per person) 4. (15 Min.) REPORT ON COUNCIL COMMITTEE MEETINGS OF JULY 9, 1996 5. (15 Min.) HEARING ON PROPOSED ORDINANCE ON EXPANSION OF LIMITED PARKING ON HOWELL STREET CITY COUNCIL MEETING AGENDA JULY 16, 1996 PAGE 2 6. (20 Min.) HEARING ON PROPOSED AMENDMENT TO EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 16.50.030 TO ALLOW FOR "SEASONAL FARMERS MARKET" AS A PERMITTED OUTDOOR USE IN THE BC ZONE, AND THE CREATION OF A NEW DEFINITION FOR THE TERM "SEASONAL FARMERS MARKET" TO BE INCLUDED IN ECDC SECTION 21.90.009. (Applicant: Edmonds Planning Division / File No. CDC 96-73) 7. (15 Min.) PROPOSED ORDINANCE PROHIBITING PARKING ON NARROW STREETS 8. (10 Min.) APPROVAL OF AMENDMENT TO MUNICIPAL EMPLOYEES BENEFIT TRUST (MEET) PLAN 9. (5 Min.) MAYOR 10. (15 Min.) COUNCIL 11 'arking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at 771-0245 with 24 hours advance notice to special 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 3Z