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06/19/2001 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES JUNE 199 2001 Special The Special Edmonds City Council meeting was called to order at 5:00 p.m. by Council President Earling in the Brackett Meeting Room, City Hall, 121 5`i' Avenue North, Edmonds. ELECTED OFFICIALS PRESENT Dave Earling, Council President Michael Plunkett, Councilmember Thomas A. Miller, Councilmember Dave Orvis, Councilmember (Arrived at 5:15 p.m.) Richard Marin, Councilmember ELECTED OFFICIALS ABSENT Lora Petso, Councilmember STAFF PRESENT Stephen Clifton, Community Services Director Cindi Cruz, Executive Assistant Sandy Chase, City Clerk The purpose of the Special Meeting was for the City Council to interview candidates for the Edmonds Public Facilities District Board. The following candidates were interviewed: JoAnne Nelson James Monroe Doug Dewar Jan Connor Judi Schmitt Chris Guitton Council President Earling announced that the City Council would not be meeting in Executive Session at 6:30 p.m. as was previously published. The meeting adjourned at 6:21 p.m. n/N" �'R" • • ' SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes June 19, 2001 Page 1 1 1 EDMONDS CITY COUNCIL APPROVED MINUTES JUNE 199 2001 Following a Special Meeting at 5:00 p.m. to interview candidates for the Edmonds Public Facilities District Board, the Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Dave Earling, Council President Thomas A. Miller, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Dave Orvis, Councilmember Richard Marin, Councilmember 1. APPROVAL OF AGENDA STAFF PRESENT Duane Bowman, Development Serv. Director Stephen Clifton, Community Services Director Peggy Hetzler, Administrative Services Director Noel Miller, Public Works Director Jim Larson, Assistant Admin. Serv. Director Dave Gebert, City Engineer Don Fiene, Assistant City Engineer Kathleen Taylor, Planner Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER MARIN, FOR APPROVAL OF THE AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS Councilmember Marin requested Item E be removed from the Consent Agenda, Councilmember Petso requested Item G be removed and Councilmember Miller requested Item B be removed. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: (A) ROLL CALL pprove (C) APPROVAL OF CLAIM CHECKS #48584 THROUGH #48766 FOR THE WEEK OF Claim JUNE 4, 2001, IN THE AMOUNT OF $247,748.53. APPROVAL OF CLAIM CHECKS Checks #48767 THROUGH #48864 FOR THE WEEK OF JUNE 11, 2001, IN THE AMOUNT OF $240,787.12. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #2071 THROUGH #2190 FOR THE PERIOD MAY 16 THROUGH MAY 31, 2001, IN THE AMOUNT OF $731,063.30. Ftro] (D) APPROVAL OF LIST OF BUSINESSES APPLYING FOR RENEWAL: OF THEIR LIQUOR LICENSES WITH THE WASHINGTON STATE LIQUOR CONTROL BOARD Edmonds City Council Approved Minutes June 19, 2001 Page 1 actor Station (F) AUTHORIZATION TO CALL FOR BIDS FOR THE PUBLIC WORKS VACTOR Cano STATION CANOPY Office Supplies (H) AUTHORIZATION FOR MAYOR TO SIGN OFFICE SUPPLIES, FURNISHINGS, Purchasing EQUIPMENT, AND PRINTING PURCHASING AGREEMENT WITH LUND'S OFFICE Agreement ESSENTIALS Woodway (I) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL COOPERATION Vehhicle icle Maintenance AGREEMENT FOR VEHICLE MAINTENANCE SERVICES BETWEEN THE CITY OF Services EDMONDS AND THE TOWN OF WOODWAY School Resource (•n AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT TO fficer PROVIDE SCHOOL RESOURCE OFFICER TO EDMONDS SCHOOL DISTRICT rd# 33" (K) ORDINANCE NO. 3365 AMENDING CHAPTER 8.48 PARKING OF THE EDMONDS Vehicle Imnound CITY CODE RELATING TO VEHICLE IMPOUND Ord# 3366 (L) ORDINANCE NO. 3366 AMENDING SECTION 6.40.130 OF THE EDMONDS CITY 1Commercial 14andbills CODE TO CLARIFY A PROHIBITION AGAINST PLACING COMMERCIAL HANDBILLS ON VEHICLES Item B: Approval of City Council Meeting Minutes of June 12, 2001 Change to Councilmember Miller referred to the Finance Committee minutes, and requested his inquiry in the Finance second paragraph regarding whether the request for proposal was a best price award reflect that he asked Committee Minutes whether it was a best value award. COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF CONSENT AGENDA ITEM B. MOTION CARRIED UNANIMOUSLY. The item approved is as follows: Approve 6/12/01 (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF JUNE 12, 2001 Minutes Item E: Report on Final Construction Costs for the 2001 Yost Pool Improvements and Council Acceptance of Proiect Councilmember Marin recognized and congratulated Jim Roberts, Dave Timbrook, and Rich Lindsey for their involvement with this project. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MILLER, FOR APPROVAL OF CONSENT AGENDA ITEM E. MOTION CARRIED UNANIMOUSLY. The item approved is as follows: ost Pool Improve- (E) REPORT ON FINAL CONSTRUCTION COSTS FOR THE 2001 YOST POOL ments IMPROVEMENTS AND COUNCIL ACCEPTANCE OF PROJECT Item G: Authorization to Call for Bids for the 200 Davton Street Public Works Building Roof Replacement Councilmember Petso noted the packet states the Council discussed and approved the funding for this project during the budget process, however, she recalled the discussion was to allocate $250,000 to move the Facilities Maintenance operation into the old Public Works building. This item requested approximately half those funds be used to replace the Public Works building roof, yet the Council had not had an opportunity to discuss why that would be advisable. Public Works Director Noel Miller explained this 33 -year old building housed the Public Works operations from 1967 to 1994. The planned use for the building was to use a portion of it to relocate the Facilities Maintenance operation who currently share quarters with the Parks Maintenance division in City Park. The reason for the relocation Edmonds City Council Draft Minutes June 19, 2001 Page 2 was to lessen the impact on the day -to -day City operational activities in City Park. He explained the pre - engineered building and foundation were structurally sound, but renovations would be necessary to relocate Facilities Maintenance to this building. He explained the building was currently used for covered, heated storage for Public Works equipment on a seasonal basis as well as a community benefit for the Driftwood Players and others groups. Based on previous Council direction, staff was moving forward with necessary renovations to utilize the building, which includes replacing the roof. He explained staff discovered deterioration/rust in the building's roof. He noted detailed engineering will continue to determine what will be required to relocate Facilities Maintenance into this building. Councilmember Petso asked whether there would be an opportunity for Council to re- evaluate the project if the bid was significantly over the estimate. Mr. Miller answered the proposed action was only to seek bids; once bids were received and determined to be responsive, staff would request Council authorization to expend the funds. 00 Dayton COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER MARIN, FOR Public APPROVAL OF CONSENT AGENDA ITEM G. MOTION CARRIED UNANIMOUSLY. The item Works approved is as follows: Building Roof (G) AUTHORIZATION TO CALL FOR BIDS FOR THE 200 DAYTON STREET PUBLIC WORKS BUILDING ROOF REPLACEMENT 3. APPOINTMENT OF PUBLIC FACILITIES DISTRICT BOARDMEMBERS JFlities int c Councilmember Petso advised she was unable to attend a majority of the interviews for the Public ict Facilities District (PFD) Boardmembers and would therefore excuse herself from the process. d Councilmember Petso left the Council dais. Council President Earling explained the Council had spent considerable time over the past several weeks developing a plan for the PFD. He explained the PFD board positions as well as a description of the process and the timeline to determine whether a project was feasible had been advertised in the press. He noted there was a wonderful response and the Council met yesterday and again tonight to interview 11 candidates. He emphasized the consistently high quality of the applicants and their interest in the project. The 11 candidates were Kay Mahaffey, Quentin Clark, Karen Wiggins, John McGibbon, Terry Vehrs, JoAnne Nelson, James Monroe, Doug Dewar, Jan Connor, Judi Schmitt, and Chris Guitton. Council President Earling commented an Executive Session was scheduled but not held following the applicant interviews due to the Council's preference to discuss the selection in an open meeting. He advised a joint meeting with the PFD Board was scheduled for Tuesday, June 26 as part of the Council agenda to address several details. Mayor Haakenson opened the floor to nominations. Councilmember Miller echoed Council President Earling's comments regarding the applicant's qualifications. He noted there were five positions on the PFD Board, two with four -year terms, one with a three -year term, one with a two -year term and one with a one -year term. He commented it may be best to nominate a slate of boardmembers. COUNCILMEMBER MILLER NOMINATED THE FOLLOWING APPLICANTS TO THE PUBLIC FACILITIES BOARD: TERRY VEHRS, JOHN MCGIBBON, JAN CONNOR, JAMES MONROE, AND KAY MAHAFFEY. COUNCILMEMBER MARIN SECONDED THE NOMINATION. Edmonds City Council Draft Minutes June 19, 2001 Page 3 Councilmember Plunkett commented on the difficulty of selecting boardmembers for the PFD. He stated the combination of individuals nominated would do an excellent job and he could endorse this composition. Councilmember Marin echoed the previous comments regarding the quality of the applicants. He noted there would be opportunities for additional volunteers to assist the PFD Board in bringing this project to fruition over the coming year. Council President Earling noted the qualifications of the nominees included involvement in the hotel /motel industry, the Chamber of Commerce, economic development, the military, the arts community, a past Chair of the Planning Board, and a lifelong Edmonds resident. He supported the nomination, noting this selection of applicants offered a good variety and combination of expertise. NOMINATION CARRIED UNANIMOUSLY (5 -0). (Councilmember Petso did not participate in the vote.) Council President Earling randomly selected the terms for the boardmembers as follows: One year term — Jan Connor Two -year term — James Monroe Three -year term — Kay Mahaffey Four -year term — Terry Vehrs and John McGibbon Mayor Haakenson read the resolution appointing the above individuals to the Board of Directors to the Edmonds Public Facilities District. Reso# 1002 Appointing COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO Board of Directors for APPROVE RESOLUTION NO. 1002, APPOINTING A BOARD OF DIRECTORS TO THE e Public EDMONDS PUBLIC FACILITIES DISTRICT. MOTION CARRIED UNANIMOUSLY (5 -0). Facilities (Councilmember Petso did not participate in the vote.) District Councilmember Petso returned to the Council dais. Six -Year 4. PUBLIC HEARING ON SIX -YEAR TRANSPORTATION IMPROVEMENT PLAN Transporta- tion Improvement Assistant City Engineer Don Fiene commented the Transportation Improvement Plan (TIP) explained Plan State law required the City to update their TIP by July 1 each year. The TIP is a planning tool for local state and federally funded projects and is used by Puget Sound Regional Council (PSRC), the Transportation Improvement Board and other funding agencies to prioritize projects for funding. He noted the TIP was similar to the Capital Improvement Plan (CIP) that was presented to the Council - earlier this year. Mr. Fiene described differences between the TIP and CIP; 1) the CIP is a revenue balanced program, the TIP lists all potential projects (basically a wish list), 2) some additional projects have been identified since the CIP was developed, 3) the TIP includes 2007 projects as it covers the years 2001 -2007 and the CIP covers only 2001 -2006. Mr. Fiene described new projects added to the TIP including two bank stabilization projects on 74th Place (North Meadowdale) and 1001h Avenue W (Firdale area), 96 "' Avenue W walkway project (anticipated to be ranked high as it is near a school), 84t" Avenue W & 238th SW widening, sidewalks and bikeway (identified in the Transportation Element for 2006 - 2010). He reviewed the projects listed on the TIP and Edmonds City Council Draft Minutes June 19, 2001 Page 4 provided a brief description of each project. He noted that although it was not required to show projects that were locally funded, the City has traditionally shown all anticipated or planned projects. Councilmember Plunkett asked whether the TIP included funded projects as well as projects awaiting funding. Mr. Fiene answered the intent of the TIP was to identify projects so that they could be prioritized for competitive funding. He noted the TIP included funded and unfunded projects as the TIP was not required to be revenue balanced. Councilmember Plunkett asked how citizens interested in a sidewalk project could get their project on the list. Mr. Fiene answered there would be opportunity for public input during the upcoming update to the Walkway Comprehensive Plan. Councilmember Plunkett asked how a citizen interested in a street project could get it on the project list. Mr. Fiene answered there would be opportunity for the public to voice their concerns during the upcoming update to the Transportation Element of the Comprehensive Plan. Councilmember Miller noted the signal on 196th & 88th appeared to have slipped from 2003 to 2005. Mr. Fiene replied that I -695 reduced TIP funding of several projects and several projects slipped due to voter approval of that initiative. Councilmember Miller noted some projects on the 6 -year plan actually took 8- 10 years to complete. Mr. Fiene agreed, noting outside funding was necessary for many projects. If the outside funding was not obtained, some projects slipped to later years. He pointed out the importance of identifying projects to enable them to be prioritized by the state and federal. As a member of the PSRC Transportation Policy Board, Council President Earling commented it would be helpful if staff provided him a summary of the projects Edmonds was bringing forward, noting he planned to request the same information from other Snohomish County suburban cities. He said this allowed him to review the projects prior to their presentation to the PSRC. Mayor Haakenson opened the public participation portion of the public hearing. Roger Hertrich, 1020 Puget Drive, Edmonds, commented the first three items on the TIP (Edmonds Crossing Pine Street to Ferry, phases la, lb and lc) represented a great deal of money and said the public should be advised what right -of -way acquisition was being acquired. He noted there were expenditures by federal, state and local, yet he was uncertain what the City was acquiring. He noted there was approximately $2.8 million scheduled in 2002 for engineering, $1 million of it local funding. He questioned what was being engineered and why the City was expending so much on a State project. He also questioned what was being constructed during the construction phase in 2005 -2006. Hearing no further public comment, Mayor Haakenson closed the public participation portion of the public hearing. In response to Mr. Hertrich's comments, Community Services Director Stephen Clifton explained there were three phases in the Edmonds Crossing project. Phase 1 was shown on the TIP, broken into three sub - phases. He said Phase 1 would cost approximately $80 million including right -of -way acquisition, preliminary and final engineering and construction. He said the TIP did not contain the detail related to the right -of -way acquisition. The TIP indicated which agency would fund the cost; the only local expenditure in 2002 was $275,000. He pointed out local funds could be State dollars. If all proceeds according to plan, construction of Phase 1 will be underway in 2005 and will include construction of the roadway, piers, and slips. He anticipated Phase 2 of the project would be constructed in 2015. Edmonds City Council Draft Minutes June 19, 2001 Page 5 Councilmember Petso requested staff respond to the audience comment regarding what rights -of -way were being acquired. Mr. Clifton explained the existing Unocal property would be purchased. He said it was not indicated as the Unocal property because the State required it to be defined as right -of -way acquisition as it will be used for right -of -way purposes in the future. Councilmember Petso noted there appeared to be $2.6 million in local funding and asked whether it all had to come from the City. Mr. Clifton answered no, local funds could be defined as City or State funds; federal funds could not be matched with other federal funds and State funds could not be matched with other State funds but State and local funds could be matched with federal funds. He explained although this would eventually become a State project, the City was currently undertaking the lead in the environmental process to allow the project to move into the right -of -way acquisition and construction phase. He noted the City has been very successful in obtaining federal grants and State and local matching funds to conduct the environmental process. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MARIN, TO REQUEST THE CITY ATTORNEY DRAFT A RESOLUTION ADOPTING THE SIX YEAR TIP AND PLACE THE ITEM ON THE COUNCIL CONSENT AGENDA FOR JUNE 26, 2001. Councilmember Marin recognized although it would be preferable to address all the needs at once, there was simply not enough funding available. He noted as the projects were described to the Community Services/Development Services Committee last week, it was apparent the Engineering Department was aware of the needs in the City and were working to obtain funding for the projects. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Gerald Budd, 9221232 nd , Edmonds, advised he planned to start a computer business in the City in the Parking next month. He described the difficulty he experienced meeting clients downtown and proposed another Permits category be added to the City's existing parking permits for residents and employees. The new permit would be for people doing business in downtown Edmonds. He suggested the permit could be slightly more expensive than the $25 residential permit. Tony Shapiro, 10609 226`h Street SW, Edmonds, raised concern regarding the utilization of the Unocal BrightWater reatment site for the BrightWater treatment facility. He noted the facility could have short-term benefits for the 117acility City such as income and /or mitigation for the impacts of the facility. He acknowledged although there were some desirable aspects to placing playgrounds and other activities over the treatment facility's ponds, it would be more beneficial for the City to develop the property for commercial purposes such as businesses, housing, etc. He noted this was view property that was unique to the region and losing the ability to develop the site for commercial purposes would be unfortunate. He urged the Council to consider all ramifications of siting a treatment facility on the Unocal site. Roger Hertrich, 1020 Puget Drive, Edmonds, agreed with the previous speaker's comments regarding the siting of the BrightWater facility. Regarding Agenda Item 6, he urged the Council to require a compensa- developer who was allowed to project living area outside the building envelope over the street to provide ion for Use f R -O -W something for what he got. He recommended the Council accept staff's recommendation for tradeoffs. Mr. Hertrich referred to new 3 -hour parking signs during the hours of 12:00 a.m. to 6:00 a.m. and questioned who planned to enforce the 3 -hour parking limit. He recommended the City not erect signs if the restrictions could not be enforced. Edmonds City Council Draft Minutes June 19, 2001 Page 6 6. CONSIDERATION OF PROPOSED ORDINANCE ~AMENDING EDMONDS COMMUNITY U DEVELOPMENT CODE CHAPTER 18.70 ALLOWING BAY WINDOWS AND OTHER ARCHITECTURAL FEATURES TO ENCROACH INTO THE RIGHT -OF -WAY AND PROPOSED RESOLUTION Planner Kathleen Taylor explained at Council request following the June 5 public hearing, two ordinances were prepared for Council review. The first ordinance contained the Planning Board's recommendation that no tradeoffs be required for allowing encroachment into the right -of -way. The second ordinance requires tradeoffs and the resolution outlines the specific tradeoffs. City Attorney Scott Snyder explained the tool the City would use to permit bay windows or other architectural features that encroached into the right -of -way was an encroachment permit. He explained the encroachment permit was revocable by the City at any time if the right -of -way was needed, if it created an unsafe condition or did not meet the terms under which the permit was issued. He pointed out this ability to revoke the encroachment permit severely limited the value of the encroachment. He commented it may be difficult for a lender to lend money for a project if there was no right to use the property for a specified period of time. Therefore, a ten year period with a review at the end of the ten years and the ability for the City to require additional compensation if desired, was addressed in the ordinances. He assured the ordinance allowed for removal of the encroachment if the public needed the right -of -way for a use incompatible with the construction. Councilmember Orvis asked what protection the public had from nuisances if the permit could only be revoked in ten years. Mr. Snyder answered in the event of a nuisance or unsafe condition, the City could require immediate removal at any time. He said the City would also have the right to remove an encroachment that was unsafe and bill the cost to the property owner. Councilmember Orvis asked whether there were any bonding requirements. Mr. Snyder explained there were no bonding requirements. He explained the City previously required bonding but as bonds were issued annually, it became extremely onerous for staff to keep records of bonds to ensure they were issued. He said due to the City's ability to remove the encroachment, the bonding requirement was removed during an earlier revision to the encroachment regulations. Councilmember Petso asked whether a provision could be inserted into the ordinances that prevented the overhang from creating or increasing view blockage. Mr. Snyder commented the appropriate mechanism would be the resolution and agreed such a provision could be added. He said the applicability of the provision was limited to the Central Business District; therefore, the views would be down streets. He noted the projects would also be subject to the Architectural Design Board (ADB) review process and view blockage was one of the issues considered by the ADB. For Councilmember Plunkett, Ms. Taylor advised the proposed trade -offs were outlined on page 20 of the packet (page 2 of the resolution). Mr. Bowman commented the fifth tradeoff, "other appropriate benefit, such as a contribution to public art or street amenities" was included to address a unique element a developer may propose. Mayor Haakenson remanded the matter to Council for action. Councilmember Orvis spoke in favor of Option 1, the Planning Board's recommendations that did not require tradeoffs. He pointed out the community received better looking buildings with greater incentive for modulation, thereby improving the character of the City. The public also got "teeth;" in case of nuisances, the City can require the encroachment be removed. The public gave up a 2 -foot region of air Edmonds City Council Draft Minutes June 19, 2001 Page 7 space 2 stories up and above, air space the public would likely never use. The property owner got a better unit and added 1 -3% of foot space. He noted the costs to the property owner were significant due to the requirement to reinforce the side of the building, pay for additional building materials, obtain additional permits, and maintain the side of the building. In addition, financing may be more difficult with an encroachment. He summarized the community received something but gave little and it was basically a wash for the property owner. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER MARIN, TO ADOPT OPTION 1. Councilmember Marin also favored Option 1, which supported the Planning Board's recommendation that tradeoffs were not necessary. He expressed concern that the tradeoffs would contribute to the perception that Edmonds was a difficult place to build. Councilmember Petso suggested the resolution be revised to include language that no view blockage be created or increased by the overhang. Mr. Snyder said the resolution accompanied only Option 2; if Option 1 was approved, no compensation would be required. Councilmember Petso asked how view blockage could be protected under Option 1. Mr. Snyder answered it would be addressed by the ADB when reviewing a project. Council President Earling expressed support for the improvements the proposed amendment would provide. He noted one of the long term goals of the downtown business community was to improve the pedestrian experience. He noted the tradeoffs proposed by staff were relatively inexpensive, would add value to the property and to the community, and were very practical elements such as awnings, public open space, additional landscaping, extension of the sidewalk or other appropriate elements. He did not support the proposed motion as he preferred tradeoffs be required. UPON ROLL CALL, THE VOTE WAS A TIE, COUNCILMEMBERS PLUNKETT, ORVIS AND MARIN IN FAVOR, AND COUNCIL PRESIDENT EARLING, AND COUNCILMEMBERS PETSO AND MILLER OPPOSED. Mr. Snyder explained pursuant to State law, the Mayor may vote to break ties but not in relation to the passage of an ordinance, an appropriation for the expenditure of money or the granting of a franchise. Therefore, in this instance, the ordinance would not pass as it required four affirmative votes. COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO ADOPT OPTION 2 INCLUDING THE FOLLOWING VIEW BLOCKAGE LANGUAGE IN SECTION 1 OF THE RESOLUTION, "NO PROPOSAL SHALL BE APPROVED WHICH WOULD RESULT IN A SIGNIFICANT VIEW BLOCKAGE FROM PUBLIC OR PRIVATE PROPERTY." Mr. Snyder explained there was an appeal process (to the Council) for establishing compensation. The appeal was not quasi judicial and the Council retained ultimate legislative discretion to determine the compensation. Mayor Haakenson restated the motion as follows: APPROVAL OF THE ORDINANCE AND RESOLUTION IN ATTACHMENT 2 WHICH WOULD ALLOW THE ENCROACHMENTS AND PROVIDE FURTHER POLICY DIRECTION THAT ADDITIONAL COMPENSATION TO THE PUBLIC IS NEEDED BEYOND THE IMPROVED BUILDING DESIGN THAT WILL DIRECTLY RESULT FROM THE ENCROACHMENT ITSELF AND INCLUDING THE PROPOSED LANGUAGE REGARDING VIEW BLOCKAGE. Edmonds City Council Draft Minutes June 19, 2001 Page 8 43367 treet Right - f -Way Use/ Encroach- ment Permits Reso# 1003 Compensa- ion for Use of Public Right-of- Way 7 MOTION CARRIED UNANIMOUSLY. The ordinance and resolution that were adopted read as follows: ORDINANCE NO. 3367 AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE CHAPTER 18.70 RELATING TO STREET RIGHT -OF -WAY USE AND ENCROACHMENT PERMITS IN ORDER TO PROVIDE FOR THE ISSUANCE OF SUCH PERMITS FOR ARCHITECTURAL FEATURES WITHIN THE CENTRAL BUSINESS DISTRICT OR OTHER DISTRICT WHICH PERMIT ZERO LOT LINE DEVELOPMENT RESOLUTON NO. 1003 AMENDING THE CITY'S FEE SCHEDULE ESTABLISHED PURSUANT TO RESOLUTION NO. 967, AS AMENDED TO ESTABLISH STANDARDS FOR THE REQUIREMENT OF COMPENSATION FOR USE OF PUBLIC RIGHT -OF -WAY REPORT ON CITY COUNCIL COMMITTEE MEETINGS Public Public Safety Committee Safety Committee Councilmember Petso explained the committee discussed prison transport to /from Lynnwood for arraignment. Staff developed short term and long term solutions and anticipates the cost could be paid from the Criminal Justice Fund rather than the General Fund. The short term solution would be to use the Lynnwood court (for a fee) and the long term solution would be a video link to the jail which would include the cost of establishing the video link. This was an information item only and no action was taken. The second item the committee discussed, an Interlocal Agreement with Edmonds School District to provide a School Resource Officer, was approved on the Council Consent Agenda. The committee also discussed a vehicle impound ordinance which would streamline the process for impounding illegally parked vehicles. This item was approved on the Consent Agenda. The final item was a review of the City's animal control policy. Several proposals were made including licensing cats, increasing the licensing fee for unaltered pets, imposing penalties for strays picked up repeatedly, altering animals upon adoption, and creating a fund for animal education and altering. Further revisions to the animal control policy will be forthcoming. Community Community Services/Development Services Committee Services/ Councilmember Orvis advised the committee discussed the Transportation Improvement Program that the Development Council also reviewed tonight. The committee next discussed the Black Rock Cable franchise which will Services Committee be presented to the Council for first reading soon. He explained the proposal coming to the Council will only allow Black Rock to place their cable on existing telephone poles and no new poles will be erected. He said the proposal encourages competition with AT &T for internet service and possibly cable service. The committee then discussed an improvement to the City's water service, protection against backflow. As this is a State mandate, the committee directed staff to bring the ordinance to the full Council on a future Consent Agenda. The committee discussed a sewer pretreatment ordinance that would aid staff with enforcement of requiring businesses (restaurants) to install adequate grease traps or interceptors to keep fats, oils, and grease out of the system and avoid the expense and damage that results from cleaning the sewer lines. A finalized ordinance will be presented to the Council in July. The final item the committee discussed was a handbill ordinance, which was approved on tonight's Consent Agenda. Finance Finance Committee ommittee Councilmember Miller explained the committee discussed the process staff undertook to solicit proposals from office supply firms and the evaluation process that included a comparison of price as well as level of service, willingness to accommodate City procedural preferences, etc. Although Lund's was not necessarily the lowest price, they were the overall best value and agreed to a price guarantee. The contract was approved on tonight's Consent Agenda. Edmonds City Council Draft Minutes June 19, 2001 Page 9 8. MAYOR'S COMMENTS Medic 7 Mayor Haakenson advised at the Medic 7 Board meeting last week, Mountlake Terrace and Brier withdrew from Medic 7. Effective January 1, 2002, Mountlake Terrace and Brier will provide paramedic service via Fire District 1. He commented efforts were underway to provide paramedic services via the fire service and assured citizens would see no difference in the service. 9. COUNCIL COMMENTS Interim COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MILLER, TO Council APPROVE THE FOLLOWING INTERIM COUNCIL COMMITTEE APPOINTMENTS: Committee Appoint- FINANCE COMMITTEE — COUNCIL PRESIDENT EARLING ents COMPREHENSIVE HUMAN RESOURCES COMMITTEE — COUNCILMEMBER PETSO DOWNTOWN PARKING COMMITTEE — COUNCILMEMBER ORVIS PORT OF EDMONDS — COUNCILMEMBER MARIN SNOHOMISH COUNTY TOMORROW (ALT) — COUNCILMEMBER MARIN SUGGESTION COMMITTEE — COUNCILMEMBER PLUNKETT. MOTION CARRIED UNANIMOUSLY. Intersection Council President Earlin complimented staff on the intersection safe markings that were in lace at f 88a' and g p �' g p 188th 88th and 188th. He suggested consideration be given to utilizing this method in other areas of the City. Council President Earling commended Mr. Clifton for his efforts with regard to the Public Facilities District, noting he was very professional and organized. Councilmember Marin suggested the public observe the traffic calming device in place at 88th and 188th, an optical illusion whose intent was to slow traffic. He commended the Engineering and Public Works departments for utilizing this concept. Cyber School Councilmember Orvis congratulated the Cyber School Foundation who raised $12,500 and awarded two Foundation $5,000 grants to local organizations, Clothes for Kids and Pathways for Women. Seattle Councilmember Miller recalled several weeks ago Councilmembers and the Mayor received letters Public cress regarding pornography on basic cable television via the Seattle Public Access channel AT &T provides. Channel After exploring this matter with the City Attorney and staff, he learned the City could replace the Seattle Public Access channel with a different public access channel. A public hearing to gather public input on this matter will be held in the near future. Library/ Councilmember Miller reported on the recent Sno -Isle Library public hearing regarding Internet filtering. tntemet He expressed disappointment in the public hearing, which included the use of a facilitator who did not Filtering select all audience members who wished to speak, including him. Although he was concerned with children viewing pornography on computer terminals as they walk through the library, his concern regarding the ability for adults to download and swap child pornography, a major industry, was not addressed at Sno - Isle's public hearing. He said only installing filters on computers in the children's section would not address this problem. He planned to provide comment directly to the Sno -Isle library. With no further business, the Council meeting was adjourned at 8:33 p.m. 4t2la� GA HAA NSON, MAYOR '�.4 SANDRA S. CHASE, CITY CLERK Edmonds City Council Draft Minutes June 19, 2001 Page 10 1 AGENDA " EDMONDS'CITY 66UNCIL Council Chambers, Public Safety Complex 250 5th Avenue North 7:00 - 10:00 p.m. JUNE 19, 2001 SPECIAL MEETING 5:00 p.m. - Interview Candidates for the Edmonds Public Facilities District Board 6:30 p.m. - Executive Session to Discuss the Qualifications of Candidates for Appointment to the Edmonds Public Facilities District Board (The interviews and Executive Session will be conducted in the Brackett Meeting Room, City Hall, 121 5th Ave N.) 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 June 12, 2001 (C) .Approval of Claim Checks #48584 through #48766 for the Week of June 4, 2001, in the Amount of $247,748.53. Approval of Claim Checks #48767 through #48864 for the Week of June 11, 2001, in the Amount of $240,787.12. Approval of Payroll Direct Deposits and Checks #2071 Through #2190 for the Period May 16 Through May 31, 2001, in the Amount of $731,063.30. (D) Approval of List of Businesses Applying for Renewal of Their Liquor Licenses with the Washington State Liquor Control Board (E) Report on Final Construction Costs for the 2001 Yost Pool Improvements and Council Acceptance of Project (F) Authorization to Call for Bids for the Public Works Vactor Station Canopy (G) Authorization to Call for Bids for the 200 Dayton Street Public Works Building Roof Replacement Page 1 of 2 CITY COUNCIL MEETING AGENDA JUNE 19, 2001 Page 2 of 2 (H) Authorization for Mayor to Sign Office Supplies, Furnishings, Equipment, and Printing Purchasing Agreement with Lund's Office Essentials (1) Authorization for Mayor to Sign Interlocal Cooperation Agreement for Vehicle Maintenance Services Between the City of Edmonds and the Town of Woodway (J) Authorization for Mayor to Sign Interlocal Agreement to Provide School Resource Officer to Edmonds School District (K) Proposed Vehicle Impound Ordinance (L) Proposed Ordinance Amending Section 6.40.130 of the Edmonds City Code to Clarify a Prohibition Against Placing Commercial Handbills on Vehicles 3. (30 Min.) Appointment of Public Facilities District Boardmembers 4. (20 Min.) Public Hearing on Six -Year Transportation Improvement Plan S. Audience Comments (3 Minute Limit Per Person) 6. (45 Min.) Consideration of Proposed Ordinance Amending Edmonds Community Development Code Chapter 18.70 Allowing Bay Windows and Other Architectural Features to Encroach into the Public Right -of -Way and Proposed Resolution 7. (15 Min.) Report on City Council Committee Meetings 8. ( 5 Min.) Mayor's Comments 9. (15 Min.) Council Comments 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 as well as a delayed telecast of the meeting appears on AT &T Cable, Channel 21.