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