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06/15/1999 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES JUNE 159 1999 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Pro Tem Haakenson in the Third Floor Conference Room, City Hall Building, 121 - 5`h Avenue North. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Pro Tem Dave Earling, Councilmember John Nordquist, Councilmember Michael Plunkett, Councilmember Jim White, Councilmember Thomas A. Miller, Councilmember ABSENT Barbara Fahey, Mayor Dick Van Hollebeke, Councilmember ALSO PRESENT Meghan Cross, Student Representative STAFF PRESENT Kevin Taylor, Acting Fire Chief Al Compaan, Assistant Police Chief Ray Miller, Development Services Director Rob Chave, Planning Manager Noel Miller, Public Works Director Stephen Koho, Wastewater Treatment Plant Mgr Brian McIntosh, Cultural/Recreation Supervisor Frances Chapin, Cultural Program Coordinator Scott Snyder, City Attorney Sandy Chase, City Clerk Jeannie Dines, Recorder Mayor Pro Tem Haakenson advised the audience that Mayor Fahey was out of town attending the National Mayor's Conference. 1. APPROVAL OF AGENDA Mayor Pro Tem Haakenson requested Item #3 (Presentation of Recipients of the Youth Services Unit ange to D.A.R.E. Role Model Scholarships for 1999) be removed from the agenda and rescheduled for the June Agenda 22 Council meeting. COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO REMOVE ITEM 3 FROM THE AGENDA. MOTION CARRIED. COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER WHITE, FOR APPROVAL OF THE AGENDA AS AMENDED. MOTION CARRIED. 2. CONSENT AGENDA ITEMS Councilmember Plunkett requested Item I be removed from the Consent Agenda, Councilmember Miller requested Item B be removed, Councilmember Earling requested Item N be removed, and Councilmember Nordquist requested Items H and M be removed. Edmonds City Council Approved Minutes June 15, 1999 Page 1 1 COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR APPROVAL OF THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The consent agenda items approved are as follows: (A) ROLL CALL pprove (C) APPROVAL OF CITY COUNCIL MEETING MINUTES OF JUNE 1, 1999 /1 Minutes (D) APPROVAL OF CLAIM WARRANTS #29390 THROUGH #33196 FOR THE WEEK OF pprove JUNE 1, 1999, IN THE AMOUNT OF $572,472.76. APPROVAL OF CLAIM WARRANTS Claim #29396 THROUGH #33423 FOR THE WEEK OF JUNE 7, 1999, IN THE AMOUNT OF Warrants $702,432.12. APPROVAL OF PAYROLL WARRANTS #24387 THROUGH #24545 FOR THE PERIOD MAY 16 THROUGH MAY 31, 1999, IN THE AMOUNT OF $371,704.49. APPROVAL OF PAYROLL WARRANTS #23752 THROUGH 23801 (POLICE RETROACTIVE) FOR JUNE 2,1999 IN THE AMOUNT OF $45,404.42. laim for Damages (E) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM THOMAS OLSON ($600.00) reatment Plant (F) REPORT ON BIDS OPENED ON APRIL 19, 1999 FOR TREATMENT PLANT Chemicals CHEMICALS AND AWARD TO NORTHSTAR CHEMICAL, INC. Surplus Library (G) AUTHORIZATION TO SELL SURPLUS LIBRARY FURNITURE urniture (J) APPROVAL OF UPGRADE TO THE FIRE DEPARTMENT AIR COMPRESSOR V (K) APPROVAL OF LEGISLATIVE FINDINGS FOR A PUBLIC HEARING HELD ON MAY 18, 1999, ON INTERIM ORDINANCE NO. 3248 DECLARING A ZONING MORATORIUM ON ZONING CODE ENFORCEMENT ACTIONS RELATED TO THE KEEPING OF ANIMALS rd. #3254 mending (L) ORDINANCE NO. 3254 AMENDING SECTION 1 OF ORDINANCE NO. 3248 TO 10rd. #3248 CLARIFY THE APPLICATION OF THE ZONING MORATORIUM REGARDING ENFORCEMENT ACTIONS RELATING TO THE KEEPING OF ANIMALS Item B: Approval of City Council Meeting Minutes of May 27, 1999 Councilmember Miller advised he pulled this item from the Consent Agenda in order to abstain from the vote, as he was not present at the May 27, 1999 Council meeting. Approve 1127 mutes COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER WHITE, FOR APPROVAL OF CONSENT AGENDA ITEM B. MOTION CARRIED, COUNCILMEMBER MILLER ABSTAINED. The item approved is as follows: (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF MAY 27, 1999 reatment Item H: Authorization to Purchase an Upgrade for Existing Klampresses at the Treatment Plant lant from Ashbrook ($193,040.00) am resses I Councilmember Nordquist referred to the conditions of sale on page 3 of Ashbrook's proposal which indicate the first piece of equipment will be installed and tested, and if it performs satisfactorily, the contract will be paid and the second piece of equipment installed. Councilmember Nordquist said his understanding of State regulations regarding the sale of equipment to governmental agencies is that all Edmonds City Council Approved Minutes June 15, 1999 Page 2 equipment must be installed before it is paid for. Mr. Snyder said his understanding was this was two separate actions, purchase and installation of one piece of equipment and another action for purchase and installation of the second piece of equipment. Councilmember Nordquist requested staff provide clarification. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER WHITE, FOR APPROVAL OF CONSENT AGENDA ITEM H, SUBJECT TO CLARIFICATION OF TERMS OF PAYMENT. MOTION CARRIED. The item approved is as follows: (I) AUTHORIZATION TO PURCHASE AN UPGRADE FOR EXISTING KLAMPRESSES AT THE TREATMENT PLANT FROM ASHBROOK ($193,040.00) allfield Item I• Authorization for Mayor to Sign Interlocal Agreement with Edmonds School District for provements Ballfield Improvements at the Former Edmonds- Woodway High School Site Councilmember Plunkett asked if this had been reviewed by the Community Services/Development Services Committee. Cultural/Recreational Supervisor Brian McIntosh advised it was discussed by the Committee at their June 8 meeting. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR APPROVAL OF CONSENT AGENDA ITEM I. MOTION CARRIED. The item approved is as follows: (1) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT WITH EDMONDS SCHOOL DISTRICT FOR BALLFIELD IMPROVEMENTS AT THE FORMER EDMONDS- WOODWAY HIGH SCHOOL SITE Item M: Proposed Ordinance Vacatine a Portion of a Platted but Unbuilt Right- of -Wav of a Portion of 180' Street SW, Located in the City of Edmonds,_ and_Establishine Consideration for Such Vacation Councilmember Nordquist advised he was absent from the Council meeting when this item was discussed and would abstain from the vote. Ord. #3255 Vacating a COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, FOR Portion of APPROVAL OF CONSENT AGENDA ITEM M. MOTION CARRIED, COUNCILMEMBER 180" St. sw NORDQUIST ABSTAINED. The item approved is as follows: Right-of- way (M) ORDINANCE NO. 3255 VACATING A PORTION OF A PLATTED BUT UNBUILT RIGHT -OF -WAY OF A PORTION OF 180"; STREET SW, LOCATED IN THE CITY OF EDMONDS, AND ESTABLISHING CONSIDERATION FOR SUCH VACATION eso#954 Item N: Proposed Resolution in Support of the Appointment of Former State Senator Jeannette Cen alCPuget Wood to an Open Position on the Central Puget Sound Growth Hearings Board Hearings Councilmember Earling commented the public is fortunate to have former elected officials who are Board Appointment staying active. e commended s. Wood her interested in sta ti He M Wd for hwillingness to serve and looked forward oi to her participation. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR APPROVAL OF CONSENT AGENDA ITEM N. MOTION CARRIED. The item approved is as follows: Edmonds City Council Approved Minutes June 15, 1999 Page 3 (1) RESOLUTION NO. 954 IN SUPPORT OF THE APPOINTMENT OF FORMER STATE SENATOR JEANNETTE WOODS TO AN OPEN POSITION ON THE CENTRAL PUGET SOUND GROWTH HEARINGS BOARD 3. PRESENTATION OF RECIPIENTS OF THE YOUTH SERVICES UNIT D.A.R.E. ROLE MODEL 1.uth rvices SCHOLARSHIPS FOR 1999 holarships This item was rescheduled for the June 22 Council meeting. Public Art— 4. PUBLIC HEARING ON PUBLIC ART FOR LYNNDALE PARK AND AUTHORIZATION FOR Lynndale MAYOR TO CO -SIGN CONTRACT BETWEEN THE ARTIST TEAM AND THE CITY OF [Park EDMONDS AND CITY OF LYNNWOOD Cultural Program Coordinator Frances Chapin explained a year ago the City entered into an interlocal agreement with Lynnwood for joint development of Phase III improvements in Lynndale Park. As the improvements were subject to the 1% for Arts, approximately $5,000 was allocated for artwork. Both communities' Art Commissions previously approved the addition of matching funds to bring the total to $10,000. The public art prospectus for Lynndale Park was approved by Edmonds City Council on February 16, 1999. A joint jury for the art selection was established with members of both Lynnwood and Edmonds City Councils and Art Commissions and citizens from both cities including two youth who are skateboarders as well as artists. Three finalists were selected and asked to develop a . specific proposal for the site. The joint Edmonds/Lynnwood Arts Selection Jury held a public meeting for presentation of the three finalists and selected the art proposal by Simpson and Georgiades. The final step is to hold a public hearing prior to Council authorization for the Mayor to co -sign the contract for the artist selection. Gail Simpson, on behalf.of the artist team Simpson and Georgiades, displayed a model and drawing of their proposed artwork entitled, "Fluid Motion." She described the artwork, which will consist of railings in three areas adjoining the skate park. She described the durability and safety of the artwork, method for anchoring the railings, and their experience with artwork installations in other cities. Ms. Chapin commented the artwork would be visible from a distance as visitors walk through the park so it has a broader impact, reaching other areas of the park. Mayor Pro Tern Haakenson opened the public participation portion of the hearing. There were no members of the audience who wished to provide comment; therefore, Mayor Pro Tern Haakenson closed the public participation portion of the hearing and remanded the matter to Council for action. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER MILLER, TO AUTHORIZE THE MAYOR TO CO -SIGN THE CONTRACT WITH GAIL SIMPSON AND ARISTOTLE GEORGIADES TO PROVIDE ARTWORK FOR LYNNDALE PARK PHASE III IMPROVEMENTS. MOTION CARRIED. ECDC 16.50 5. PUBLIC HEARING ON THE RECOMMENDATION OF THE PLANNING BOARD TO Setback equvements APPROVE A PROPOSED AMENDMENT TO EDMONDS COMMUNITY DEVELOPMENT CODE CDC) SECTION 16.50 REGARDING SETBACK REOUIREMENTS IN THE BC ZONE FOR UNDERGROUND STRUCTURES (File No. CDC -98 -174 Planning Manager Rob Chave explained the intent of the proposed amendment was to allow underground structures in the "Community Business - BC" zone (such as parking structures, utility vaults, etc.) to be exempt from the 15 foot setback requirement when the "BC" zone is adjacent to a residential zone. This would allow underground structures to be located up to the property line since they are not visible above Edmonds City Council Approved Minutes June 15, 1999 Page 4 the surface, provided that the above surface area is landscaped in accordance with requirements in the ECDC. Councilmember White asked how this would impact what could be built underground. Mr. Chave answered, as was discussed by the Planning Board, it is hoped more developers will be able to provide on -site parking rather than paying into the in- lieu -of- parking fund. As there is no maximum density in the BC zone, to the extent parking can be provided in an economical manner on site, the development potential of a site can be maximized, creating the possibility for smaller units and thus possibly more affordable units. He noted the proposed revision would not change the height limits or bulk requirements above ground. For Councilmember Earling, Mr. Chave explained the existing landscaping and screening requirements would remain. Mayor Pro Tem Haakenson asked how the adjacent residential property would be protected from excavation on an adjacent "BC" zoned property. Mr. Chave answered the building inspector would ensure there is adequate shoring, etc. and this would be monitored throughout construction. City Attorney Scott Snyder advised Appendix 70 of the State Building Code provides extensive emergency powers to the Building Official to act in the event of a collapse. Each property owner owes a duty of lateral and subjacent support to their neighbors to ensure the embankment is maintained. Mayor Pro Tem Haakenson opened the public participation portion of the hearing. Jacque Mayo, 415 Main Street, Edmonds, said this is an opportunity to tuck parking under buildings with the same landscaping requirements. He supported the amendment, as it would provide an additional 15 feet on each side of a building for parking. He commented two recent studies indicate the shortage of parking in the downtown and RM zoned areas and this would be a helpful solution. Hearing no furthering comment, Mayor Pro Tem Haakenson closed the public participation portion of the hearing and remanded the matter to Council. Councilmember White commented this creative proposal provides a method for providing additional parking underground and creates the possibility for higher density and thus a possibility for lower priced units. COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, FOR APPROVAL OF ORDINANCE NO. 3256 TO AMEND ECDC SECTION 16.50. MOTION CARRIED. The ordinance reads as follows: W ORDINANCE NO. 3256 — AMENDING THE EDMONDS COMMUNITY DEVELOPMENT CODE, SECTION 16.50.020 SITE DEVELOPMENT STANDARDS (A.) TABLE, TO LIMIT BUILDING AND STRUCTURE SETBACK TO THOSE STRUCTURES LOCATED ABOVE GRADE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. CDC 6. PUBLIC HEARING ON THE PLANNING BOARD'S RECOMMENDATION TO APPROVE A 16.20.050.D PROPOSED AMENDMENT TO EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) Satellite Dish SECTION 16.20.050.13 REGARDING REGULATIONS FOR SATELLITE DISH ANTENNAS (File Antennas No. CDC- 98 -89) Planning Manager Rob Chave explained the intent of the proposed amendment was to comply with Federal Communications Commission (FCC) regulations which exempt satellite antennas under one Edmonds City Council Approved Minutes June 15, 1999 Page 5 meter in size from local regulations and zoning. He said the City's current regulations would remain, only the size of the satellite antennas they apply to would change. Further, a section has been added to the ECDC to address amateur radio towers. Councilmember White pointed out Section E3 on page 5 of the ordinance indicates amateur radio towers may be ground or roof - mounted and Section E6 indicates amateur radio antennas shall be screened by a view obstructing fence, wall or hedge six feet in height. He asked if the 6 -foot screening applied to the roof - mounted amateur radio antennas. Mr. Chave answered no. Councilmember Nordquist recalled a concern arose some time ago regarding a telescoping tower. He observed the ordinance indicated the height of a tower may not exceed 65 feet when extended. City Attorney Scott Snyder referred to the second paragraph of Section E4 on page 6 of the ordinance which states the maximum combined height of a structure and roof - mounted antenna shall not exceed a height of 25 feet above the existing roofline or such height limit as is applicable to the zone in which located, whichever is greater. Councilmember Miller observed the ordinance indicated satellite dishes shall be finished in non - garish colors. He asked if advertising could be painted on a satellite dish and not be considered garish. Mr. Snyder answered that a clause could be added excluding advertising as the City can distinguish between commercial advertising and free speech. Mr. Chave pointed out there is a similar proposal prohibiting signs on amateur radio towers (Section E7 on page 6 of the ordinance). COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER WHITE, TO AMEND THE ORDINANCE TO PROHIBIT COMMERCIAL ADVERTISING ON SATELLITE DISHES. MOTION CARRIED. Mayor Pro Tem Haakenson opened the public participation portion of the hearing. Hearing no comment, he remanded the matter to Council for action. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER MILLER, FOR PASSAGE OF ORDINANCE NO. 3257 AS AMENDED. MOTION CARRIED. The motion reads as follows: Ord #3257 ORDINANCE NO. 3257 - AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY Site DEVELOPMENT CODE, SECTION 16.20.050 SITE DEVELOPMENT STANDARDS — Development ACCESSORY BUILDINGS BY AMENDING SUBSECTION D AND ADDING A NEW Standards (Accessory SUBSECTION E TO CLARIFY REQUIREMENTS RELATING TO SATELLITE TELEVISION Buildings) ANTENNAS AND AMATEUR RADIO TOWERS BY THE AMENDMENT OF PARAGRAPH D AND THE ADDITION OF A NEW PARAGRAPH E, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. 'iAmend ECDC 7. PUBLIC HEARING ON THE PLANNING BOARD RECOMMENDATION TO APPROVE A 0.90.010.D.4, PROPOSED AMENDMENT TO EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) Applications SECTION 20.90.010.D.4, CREATING A SUNSET DATE FOR INCOMPLETE AND COMPLETE APPLICATIONS (File No. CDC -98 -114) Planning Manager Rob Chave explained the proposed amendment creates a "sunset date" for complete and incomplete permit applications to ensure that all permits proceed through the process in a timely manner. Currently, the code does not specify any time limits for determining when an inactive or incomplete application can be considered void. Under the existing procedures, staff notifies an applicant Edmonds City Council Approved Minutes June 15, 1999 Page 6 when their application is not complete and indicates the additional information required. Occasionally nothing is done for a long period of time but the City does not have guidance regarding when to consider a complete application null and void and return it to the applicant. The amendment would establish a simple time frame when applications would be considered void. City Attorney Scott Snyder explained the six -month period is also the period the State Building Code provides for complete applications. If an application is approved, there is a deadline to act upon it; however, if the application is not complete, there is currently no guidance for voiding the application. Mayor Pro Tem Haakenson opened the public participation portion of the hearing. Shawn Richardson, 802 Main Street, Edmonds, said he wanted to find out the time frames, what happens when an applicant is constantly challenged about a situation, and the definition of a complete or incomplete application. He has been involved in a situation for 17 months that is still unresolved. Hearing no further comment, Mayor Pro Tem Haakenson closed the public participation portion of the hearing. Mr. Chave explained when an application is submitted, staff determines whether the materials are complete enough to enable review to begin. The six -month time frame does not apply to staffs review of the application, only to submittal of a complete application. If it is determined an application is not complete, the applicant may submit additional information and staff again determines if the application is complete. This may occur numerous times. Mayor Pro Tem Haakenson asked if the six -month period applied if there is ongoing interaction between the City and applicant. Mr. Snyder said the way the ordinance is written, once staff makes a written determination of incompleteness, the applicant has six months to correct it -- one six month period only. If the applicant disagrees with the staff determination of whether the application is complete, the applicant can appeal the staff decision to the Hearing Examiner and City Council; the six -month period would not begin until a decision is reached. Mr. Chave asked Mr. Snyder to comment on a situation when staff makes a decision that an application is incomplete, sends a letter to the applicant advising them, the applicant provides the information they believe is necessary within a month but the applicant is still not complete. Does the six month period begin again or is it still within the same six months? Mr. Snyder answered there is only one six-month period during which there can be as much discussion /submittal of information as is necessary. He referred to Section 20.90.010.D.4 which indicates, "...the applicant shall receive one, and only one, six - month opportunity to correct the application..." Mr. Snyder said it would be difficult to respond to Mr. Richardson's individual situation and it likely would be inappropriate as it is in process. Councilmember White asked for an example of an incomplete application. Mr. Chave answered it could be as simple as not including a site plan that showed height calculations, not properly delineating parking, that the applicant did not realize there was a 10 foot setback instead of 15, did not complete a SEPA checklist, etc. Mayor Pro Tem Haakenson remanded the matter to Council for deliberation and action. Edmonds City Council Approved Minutes June 15, 1999 Page 7 COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ADOPT PROPOSED ORDINANCE NO. 3258 TO AMEND ECDC SECTION 20.90.010.D.4. MOTION CARRIED. The Ordinance reads as follows: 7rd. 3258 ORDINANCE NO. 3258 - AMENDING SECTION 20.90.010 OF THE EDMONDS COMMUNITY JApp DEVELOPMENT CODE, APPLICATION PROCEDURES, RELATING TO APPLICATION rocedures PROCEDURES FOR DEVELOPMENT PERMITS OR OTHER CITY APPROVAL UNDER THE ECDC, BY ADDING A NEW SUBSECTION, ECDC 20.90.010(D)(4), ESTABLISHING A TIME LIMIT FOR COMPLETION OF INCOMPLETE APPLICATIONS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. 8. AUDIENCE COMMENTS arking Karen Wiggins, 152 3r1 Avenue S, Edmonds, Chair of the Downtown Edmonds Parking Committee, arage said the Committee has met with Councilmembers White, Earling and Plunkett twice but do not yet know the maximum amount the City is willing to contribute toward the parking garage. She said it was mentioned during these meetings that the City is donating the land for the garage. She clarified the land is not being donated by the City, it is owned by the citizens. She said the City is constructing a total of 104 parking spaces on the site, 81 in the area planned for the new garage. The Committee was told the 81 parking spaces may be for the public; she did not believe this was correct because the 81 parking spaces are part of the Code - required parking for the new Public Safety buildings under construction. She pointed out there are 328 part-time and full -time City employees, although she acknowledged not all of them are at this facility or work weekdays. However, at least on weekdays, all the 104 spaces will be occupied by City employees and any public visiting the Public Safety facilities. There were 92 parking spaces required to meet the City's Development Code and 12 more than required are planned. Ms. Wiggins distributed copies of a proposed funding plan to the Council. She explained the proposed funding plan was developed using information from Councilmembers White, Earling and Plunkett and staff. She explained the proposed plan would raise more funds than needed; the additional funds will be used to give the businesses outside the BC zone something for their funding. She stressed the need to present the proposed funding plan to the business community to ensure their support. She said many businesses have commented on the lack of support they feel from the City for the business community. She said this must be changed by doing something positive to support the business community, which will increase tax revenues, thereby decreasing the reliance on property taxes. Woodway net Robertson, 10523 240`h Place SW, Edmonds, submitted letters from Lawrence Michael [Highlands Investments (LMI) regarding the emergency fire access for the Woodway Highlands project. She explained the Woodway Council held a meeting Monday night and will meet again on Thursday; they must make a decision in a short period of time. She referred to the letters from LMI pointing out the letters refer to the locked and gated fire lane that was constructed to provide emergency access for Chevron. Several members of Woodway's Planning Commission and Council would like to have a gate there, which the existing residents do not want. She objected to the 14 -foot strip of pavement with 2 feet of gravel on each side referred to in the letter from LMI, because it would require weeding. She preferred 16 feet of pavement if it was to be paved. She commented about the ongoing drainage problems in the area. Councilmember Plunkett asked if Ms. Robertson was referring to an easement. Ms. Robertson said the letter from LMI indicated they only need a Right -of -Way Use permit and does not mention an easement. They have tried to determine the history of the fire lane and believe it was constructed to serve Chevron. Edmonds City Council Approved Minutes June 15, 1999 Page 8 When the development was built years ago, garages were placed on it like it was owned. Councilmember Plunkett clarified Ms. Robertson's concern was the intent for the development in Woodway to use the easement behind her house. Ms. Robertson answered yes as well as the addition of pedestrian traffic. City Attorney Scott Snyder said Ms. Robertson's reference to a Right -of -Way Use Permit refers to Woodway and would apply only to their portion of the right -of -way. In order for the emergency access to be used as a walkway within the City of Edmonds, two separate actions would need to occur: 1) the walkway and sidewalk system map in the Comprehensive Plan would need to be amended with the recommendation of the Planning Board and action of the City Council, and 2) the walkway would need to be approved as part of the City's Transportation Improvement Plan (TIP). His understanding is this walkway is not currently shown in the Edmonds Comprehensive Plan and it is not in the TIP. Setback Roger Hertrich, 1020 Puget Drive, Edmonds, commented a number of underground garages are Requirements I somewhat visible on sloped areas. If there is any visibility from the street, allowing them to go to the property line would be an error. He was also concerned that this may preclude the location of future utilities in that area as well as may eliminate the ability for drainage to dissipate and possibly create drainage problems for the adjacent property. Although the City is on record as promoting business in the downtown Edmonds, changes in regulations no longer require 50% residential and 50% commercial, the requirement now is only commercial use in the first 30 feet of the main or street floor. Mr. Snyder said the issue Mr. Hertrich is referring to is on appeal. Mr. Hertrich said he is referring to one that is already built. Mr. Hertrich said the building next to Claire's on 3' Avenue has an entrance onto 3' Avenue on the main floor, taking up BC use which is not allowed in the code. He said only Building office, retail or stairs are allowed on the first floor. He urged the City to address the loss of BC use. Mr. Heights Hertrich also referred to the "proposal" in the visioning process for 35 -foot height, plus 5 feet, and urged Councilmembers running for office to consider whether they would support that "proposal." He observed the visioning report has not yet been presented to the Council. In response to Mr. Hertrich's question regarding setback requirements for underground structures in the BC zone, Mr. Snyder said the ordinance still prohibits any above ground structure within 15 feet of the property line; none of the structure can be above ground within 15 feet of the property line. arking 1 9. DISCUSSION REGARDING THE PROPOSED UNDERGROUND PARKING GARAGE Garage Councilmember Earling reported that Councilmembers Plunkett, White and he met twice with several members of the Downtown Parking Committee and several citizens. He said the group discussed the square footage tax and recommend consideration of this tax be discontinued as it is cumbersome, difficult to implement, and likely difficult to enforce. Another issue that arose was that many of the projected income streams included in the original proposals had the potential for being very unpredictable such as the forecast for on- street permits which the potential increase (from $25 per year to $125 per year) may not generate the predicted revenue amount. They were also concerned with the funds to be generated by the in- lieu - parking fund as a predictable income source. They were agreeable to using any funds from these sources (parking permits and in- lieu -of- parking funds) to lower the debt but would recommend against using them for payment of the bond. Councilmember Earling' explained the two taxes they feel that have the most potential are the employee tax and the Gross Receipts Tax. If the Council decides to fund the garage, the City needs to "guarantee" a certain annual payment they will contribute which would add some predictability to the amount the Edmonds City Council Approved Minutes June 15, 1999 Page 9 business community would need to contribute via either an employee tax or Gross Receipts Tax. It is important to identify this number as soon as possible to provide adequate time to survey the business community regarding their support for this proposal to ensure the Council does not implement a tax that the business community disagrees with. There has been some discussion regarding a citywide employee tax (head tax) which is outlined in the proposal Ms. Wiggins distributed. Councilmember Plunkett supports the concept, Councilmember .White was concerned about a citywide tax, and he (Councilmember Earling) needed more information. At the last meeting, staff was asked to determine the amount of parking the current project provides. Community Services Director Paul Mar indicated 81 parking stalls would be available at the Public Safety Complex although a handout provided tonight shows as many as 104. Although he was not certain why the amounts differed, it appeared there was a potential for another 20 stalls. However, at least for the 81 stalls staff identified, there was a projected construction cost of approximately $300,000. The 181 parking stalls were projected to cost $1.5 million thus the additional 100 stalls have an additional potential cost of $1.2 million. He suggested the Council consider that the City would be providing 81 stalls at the Public Safety complex, in addition to the 44 stalls under City Hall, and 21 stalls south of City Hall, although he agreed many would be used for employee parking. He pointed out the need for evening and weekend parking has been expressed and suggested the Council consider the value the parking spaces at City facilities in the downtown area would have to the community. If the Council decides not to move forward with the proposal for the underground parking garage, he suggested the conversations with the business community be used as an impetus to move forward with some action, such as a resolution imposing a tax designated for construction of a parking facility. Councilmember Plunkett thanked Councilmember Earling for facilitating the meetings regarding the parking garage. He asked how the 81 spaces for the Public Safety complex were determined. Planning Manager Rob Chave was not aware of how the 81 spaces was determined but agreed the City's Code had parking requirements based on the use of a building. Councilmember Plunkett asked if the 81 - 104 spaces were specifically for the use of the Public Safety complex and not public use. Mr. Chave said he could not address whether they were for public or non - public use. Councilmember Plunkett referred to Exhibit 4 in the Council packet (Comparative Capacity and Cost Analysis Parking at Public Safety Complex) and said the 81 - 104 parking stalls at the Public Safety Complex were for emergency and City vehicles, as well as people using the complex but did not address the parking deficit the parking committee is trying to address by the proposed downtown garage. Councilmember Earling agreed in order to accurately compare the numbers, the exhibit should have indicated the cost for parking capacity of the proposed underground garage as 181 spaces (rather than 100 spaces) at an estimated cost of $1.5 million. Councilmember Plunkett preferred the comparisons be on separate pages as this would provide a more clear representation of the Public Safety complex and the downtown parking garage. Councilmember Earling clarified he has not implied there would be extra public spaces available during the day at any of the three City facilities' parking lots during the day. He was only attempting to indicate that as many as 145 additional parking spaces would be available in the evening and on weekends that could be utilized by the public. For Councilmember Nordquist, Councilmember Earling said there will be a 45- minute presentation/discussion at the June 22 Council meeting; this information was being presented to the Council tonight to provide them an opportunity to review it prior to that meeting. Councilmember Edmonds City Council Approved Minutes June 15, 1999 Page 10 Nordquist said the merchants on Hwy. 99 or in Westgate may question why they would be required to contribute to a parking garage when they cannot utilize it. Further, questions have been asked whether the tax would apply to the School District, the hospital, and other major employers in the City. Councilmember Earling said Ms. Wiggins' letter makes several points regarding how businesses outside the downtown area would benefit. Councilmember Nordquist said although the public is not totally against the concept of a downtown parking garage, many are also interested in addressing parking deficits in the waterfront area. Councilmember Miller asked if it had been determined if an excise tax in the Commercial Business zone would generate sufficient funds. Councilmember Earling said the City has requested figures from the Department of Revenue to determine the tax amount that would be needed to be implemented. It is hoped this information will be available by Friday and will be included in Council packets. In response to Councilmember Nordquist's question regarding why the tax would be collected City -wide, Councilmember Plunkett pointed out funds are collected Citywide for the improvements underway on Hwy. 99. As a community, funds are collected and distributed Citywide. He suggested a cap on the amount that could be collected from each business so that no business would pay more than $125, regardless of the number of employees. 10. REPORT ON COUNCIL COMMITTEE MEETINGS omm. serv./ Community Services/Development Services Committee nee. serv. Councilmember Nordquist reported the committee discussed the following items: ommnittee • Administrative Temporary Use Permit for Downtown Pedestrian Activities. The Health District reviewed the proposal and indicated they had no concerns. This item will be discussed with the Council on June 29. • The future of supplying water to Edmonds was discussed including the possibility of the City joining the Cascade Water Alliance consortium. • Staff reviewed the Six -Year Transportation Improvement Program, which will be presented to the Council at a hearing on June 22. • The committee discussed the draft Sanitary Sewer Comprehensive Plan, a study prepared by Hydraulic Engineer Don Fiene. • The Interlocal Agreement with Edmonds School District for the ballfield improvements at the former Edmonds - Woodway High School was reviewed and was approved on the Consent Agenda as Item I. • Staff also presented an overview of the joint project with Lynnwood at Lynndale Park. blie Safety Public Safety Committee Committee Councilmember White reported the committee discussed the following items: • A proposed "Junk Vehicle" ordinance and requested the City Attorney draft an ordinance relating to vehicles parked on City streets with expired licenses plates. • The committee reviewed the Woodway Fire Service Contract. • An upgrade to the Fire Department's air compressor was discussed and approved on tonight's Consent Agenda as Item J. finance Finance Committee Committee Councilmember Earling reported the committee discussed the following items: ■ Staff presented information on ways to generate additional revenue including a review of all utility taxes. Staff pointed out there is currently no tax on solid waste or sanitary sewer and all rates were Edmonds City Council Approved Minutes June 15, 1999 Page l l not uniformly set at 6 %. By bringing all to 6% including sanitary sewer, staff indicates an additional $420,000 could be generated each year. This will be placed on the Council's June 29 agenda for discussion. ■ A discussion of potential funding sources for the underground parking garage followed. ■ Staff provided an update on the General Fund including projections for next year and the next five years. This information will be presented to the Council on a future agenda. 11. MAYOR PRO TEM'S REPORT [Parking Mayor Pro Tem Haakenson asked if the figures from the Department of Revenue were critical for the Garage June 22 discussion. Councilmember Earling answered until that information is available, the City cannot determine a tax rate to be implemented to fund the garage but discussion could take place without that information. Mayor Pro Tem Haakenson said if the figures from the Department of Revenue are not available for the June 22 meeting, the discussion could be continued on June 29. Councilmember Earling agreed, noting a decision must be made soon in the event a change to the work order is necessary. wilding In response to Mr. Hertrich's comments regarding the HyattPalma visioning process, Mayor Pro Tem eights Haakenson said their report suggests the Council consider a 35 -foot height limit. The report has not been presented to the Council and no Councilmembers have indicated their support for an increase to 35 -foot heights. rt Festival I Mayor Pro Tem Haakenson encouraged the public to attend the Art Festival at the Frances Anderson Center this weekend. 12. COUNCIL REPORTS nilding Councilmember White said the Council is already receiving comments from citizens regarding the Heights suggestion in the HyattPalma's visioning report that the Council consider a 35 -foot height limit. He stressed this issue is not before the Council. The Council has read the discussion, but it is inappropriate for the Council to take a position or even comment because there has not been any input from the public. Waste and Councilmember Miller said the solid waste and sanita ry sewer tax discussed b the Finance Committee rite and y Sanitary Sewet was a possible funding source for the garage. Tax Councilmember Nordquist referred to a letter he received from a citizen, Michael Buchannon, who along 1061e Service with other citizens are unhappy with Chambers Cable's service in the Edmonds area. He said this will be . discussed when a final review is provided regarding the progress of the rebuild. He encouraged the public to turn off their television sets and get out and see the beautiful town of Edmonds. Rep rttRep. Student Representative Meghan Cross thanked the Council for the opportunity to serve as the Student Representative. She said it has been an educational experience. She announced this would be the last meeting she would be attending as Student Representative. With no further business, the Council meeting was adjourned at 8:40 p.m. BARBARA O. / - SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes June 15, 1999 Page 12 AGENDA EDMONDS CITY COUNCIL CITY HALL BUILDING 121-5 TH AVENUE NORTH, THIRD FLOOR 7:00 -10:00 P.M. JUNE 15, 1999 SPECIAL MEETING LOCATION 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 MAY 27, 1999 (C) APPROVAL OF CITY COUNCIL MEETING MINUTES OF JUNE 1, 1999 (D) APPROVAL OF CLAIM WARRANTS #29390 THROUGH #33196 FOR THE WEEK OF JUNE 1, 1999, IN THE AMOUNT OF $572,472.76. APPROVAL OF CLAIM WARRANTS #29396 THROUGH #33423 FOR THE WEEK OF JUNE 7, 1999, IN THE AMOUNT OF $702,432.12. APPROVAL OF PAYROLL WARRANTS #24387 THROUGH #24545 FOR THE PERIOD MAY 16 THROUGH MAY 31, 1999, IN THE AMOUNT OF $371,704.49. APPROVAL OF PAYROLL WARRANTS #23752 THROUGH #23801 (POLICE RETROACTIVE) FOR JUNE 2, 1999 IN THE AMOUNT OF $45,404.42. (E) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM THOMAS OLSON ($600.00) (F) REPORT ON BIDS OPENED ON APRIL 19, 1999 FOR TREATMENT PLANT CHEMICALS AND AWARD TO NORTHSTAR CHEMICAL, INC. (G) AUTHORIZATION TO SELL SURPLUS LIBRARY FURNITURE (H) AUTHORIZATION TO PURCHASE AN UPGRADE FOR EXISTING KLAMPRESSES AT THE TREATMENT PLANT FROM ASHBROOK ($193,040.00) (1) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT WITH EDMONDS SCHOOL DISTRICT FOR BALLFIELD IMPROVEMENTS AT THE FORMER EDMONDS- WOODWAY HIGH SCHOOL SITE (J) APPROVAL OF UPGRADE TO THE FIRE DEPARTMENT AIR COMPRESSOR (K) APPROVAL OF LEGISLATIVE FINDINGS FOR A PUBLIC HEARING HELD ON MAY 18, 1999, ON INTERIM ORDINANCE NO. 3248 DECLARING A ZONING MORATORIUM ON ZONING CODE ENFORCEMENT ACTIONS RELATING TO THE KEEPING OF ANIMALS (L) PROPOSED ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 3248 TO CLARIFY THE APPLICATION OF THE ZONING MORATORIUM REGARDING ENFORCEMENT ACTIONS RELATING TO THE KEEPING OF ANIMALS (M) PROPOSED ORDINANCE VACATING A PORTION OF A PLATTED BUT UNBUILT RIGHT -OF -WAY OF A PORTION OF 180TH STREET SW, LOCATED IN THE CITY OF EDMONDS, AND ESTABLISHING CONSIDERATION FOR SUCH VACATION (N) PROPOSED RESOLUTION IN SUPPORT OF THE APPOINTMENT OF FORMER STATE SENATOR JEANNETTE WOOD TO AN OPEN POSITION ON THE CENTRAL PUGET SOUND GROWTH HEARINGS BOARD CITY COUNCIL MEETING AGENDA JUNE 15, 1999 Page 2 of 2 3. (5 Min.) PRESENTATION OF RECIPIENTS OF THE YOUTH SERVICES UNIT D.A.R.E. ROLE MODEL SCHOLARSHIPS FOR 1999 4. (20 Min.) PUBLIC HEARING ON PUBLIC ART FOR LYNNDALE PARK AND AUTHORIZATION FOR MAYOR TO CO -SIGN CONTRACT BETWEEN THE ARTIST TEAM AND THE CITY OF EDMONDS AND CITY OF LYNNWOOD 5. (45 Min.) PUBLIC HEARING ON THE RECOMMENDATION OF THE PLANNING BOARD TO APPROVE A PROPOSED AMENDMENT TO EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) SECTION 16.50 REGARDING SETBACK REQUIREMENTS IN THE BC ZONE FOR UNDERGROUND STRUCTURES (File No. CDC -98 -174) 6. (10 Min.) PUBLIC HEARING ON THE PLANNING BOARD RECOMMENDATION TO APPROVE A PROPOSED AMENDMENT TO EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) SECTION 16.20.050.13 REGARDING REGULATIONS FOR SATELLITE DISH ANTENNAS (File No. CDC- 98 -89) 7. (10 Min.) PUBLIC HEARING ON THE PLANNING BOARD RECOMMENDATION TO APPROVE A PROPOSED AMENDMENT TO EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) SECTION 20.90.010.D.4, CREATING A SUNSET DATE FOR INCOMPLETE AND COMPLETE APPLICATIONS (File No. CDC -98- 114) 8. AUDIENCE COMMENTS (3 Minute Limit Per Person) 9. (10 Min.) DISCUSSION REGARDING THE PROPOSED DOWNTOWN PARKING GARAGE 10. (15 Min.) REPORT ON COUNCIL COMMITTEE MEETINGS 11. (5 Min.) MAYOR'S REPORT 12. (15 Min.) COUNCIL REPORTS 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.