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05/21/1991 City CouncilTHESE MINUTES SUBJECT TO MAY 28, 1991 APPROVAL EDMONDS CITY COUNCIL MINUTES MAY 21, 1991 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT Larry Naughten, Mayor Jeff Palmer, Council President Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember William Kasper, Councilmember John Nordquist, Councilmember Jack Wilson, Councilmember Ted Hunter, Student Representative STAFF Brent Hunter, Personnel Manager Greg Ramsland, Equipment Spvr. Peter Hahn, Comm. Svc. Director Arvilla Ohlde, Parks & Rec. Mgr. Tom King, Facilities Spvr. Robert Chave, Planning Div. Mgr. Jeff Wilson, Current Planning Spvr. Bob Bower, Treatment Plant Spvr. Wallace Tribuzio, Asst. Police Chief Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Mayor Naughten introduced Enterprise reporter Danielle Brock and welcomed her to the Council meeting. Mayor Naughten called ari executive session following the regular agenda to discuss a property matter and a legal matter. CONSENT AGENDA Items (8), (D), (I), and (J) were removed from the Consent Agenda. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (C) ADOPTED ORDINANCE 2835 AMENDING EDMONDS CITY CODE TITLE 8 REGARDING TRAFFIC CONTROL SIGNS 0"t-(E) AUTHORIZATION TO PURCHASE SAND FOR CIVIC CENTER FIELD FROM BORTH CORPORATION ($3,400) yG�(F) AUTHORIZATION TO CALL FOR BIDS FOR STORM DRAIN, WALKWAY, AND RESURFACING FOR 96TH AVE. WEST ,�z1-- (G) FINAL ACCEPTANCE OF WORK ON DAYTON ST./SR-104 STORM DRAINAGE PROJECT BY WILDER °� �4 Qom• CONSTRUCTION CO., AND SET 30 DAY RETAINAGE PERIOD �YLl� ) REPORT ON QUOTES FOR REPLACEMENT OF FLOOR TILE AT MEADOWDALE CLUBHOUSE AND AWARD OF BID C TO WESTERN CARPET ($5,070.90) APPROVAL OF MINUTES OF MAY 7, 1991 [ITEM (B)_ ON THE CONSENT AGENDA] Councilmember Palmer noted that near the end of the May 7 City Council meeting under "Council", he appointed Councilmember Wilson to be the representative to the Edmonds Visitor's Bureau but as the meeting ended, he realized the City does not have a representative to the EVB and he had requested that the appointment be omitted from the minutes because the motion did not make sense with past actions of the Council. Subsequently, Councilmember Hertrich had objected to the omis- sion and requested it be included in the minutes, and the City Clerk provided the following ex- cerpt from the tape of the meeting: "Council President Palmer reminded the Council of the brief discussion that took place at the last dinner meeting about meeting attendance. He said Council - member Wilson has some additional hours he is willing to commit for Council reasons. Council President Palmer then appointed Councilmember Wilson to be the representative to the Edmonds Visitor's Bureau. He noted that would free up Councilmember Hertrich, who has said he has a lot going on right now anyway". COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER HERTRICH FOR DISCUSSION, TO INCLUDE THE AMENDMENT TO THE MINUTES. Councilmember Hertrich believed any omission from the minutes should be approved by the Council as a whole and not by any one individual member. Councilmember Palmer said oftentimes small items are not included verbatim in the minutes, and he had fully expected that the particular issue was one that would have been fully discussed before voting on it. Councilmember Kasper referred to page 10, paragraph 11, second sentence, and requested that the following underlined wording be included, "Councilmember Kasper said he did not see any justifica- tion for increasing the Mayor's salary, especially when considering that his salary was increased by 31% last year above his original salary, while the employees' salary was only increased by 21% along the same period of time...". Councilmember Kasper also referred to the last paragraph, first sentence, noting the following correction, "Councilmember Kasper believed the mobile office could be located next to an existing building rather than in the proposed location, which would not necessitate the removal of landscaping". Councilmember Hertrich said he did not recall Councilmember Kasper discussing the Mayor's salary as Councilmember Kasper had just stated. Councilmember Hertrich asked the City Clerk to verify that discussion by listening to the tape of that meeting. Mayor Naughten suggested that the Council vote on the motion before them on the first issue. MOTION CARRIED. (Councilmember Kasper later changed his vote to "no".) COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO INCLUDE THE AMENDMENTS TO THE MINUTES AS HE REQUESTED. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER PALMER, COUNCILMEMBER JAECH, COUNCILMEMBER KASPER, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, AND COUNCILMEMBER NORDQUIST OPPOSED. COUNCILMEMBER KASPER CHANGED HIS VOTE TO "NO" ON THE PREVIOUS MOTION. PROPOSED ORDINANCE AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE TO ESTABLISH 18 MONTH TIME LIMIT FOR ARCHITECTURAL DESIGN BOARD APPROVAL LITEM D ON THE CONSENT AGENDA) Councilmember Kasper noted that the Architectural Design Board requirements also apply to subdivi- sions, but he said subdivisions are vested by State law for a three-year period and, therefore, he did not believe the eighteen -month time limit should be imposed on subdivisions. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER PALMER, TO REVIEW THE ISSUE AT A COMMUNITY SERVICES COMMITTEE MEETING. MOTION CARRIED. APPROVAL OF LABOR AGREEMENT WITH INTERNATIONAL ASSOCIATION OF FIREFIGHTERS [ITEM (I) ON THE CONSENT AGENDA) Councilmember Kasper said he removed the item from the Consent Agenda because he intended to vote against the item because he believed the pay increase was excessive. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE ITEM (I). MOTION CARRIEC WITH COUNCILMEMBER KASPER OPPOSED. REPORT ON BIDS OPENED MAY 15, 1991 FOR PURCHASE OF SIX VEHICLES ON 1991 REPLACEMENT PROGRAM, ANC AWARD OF CONTRACT TO GMC TRUCK CENTER 59,390.38 ITEM J ON THE CONSENT AGENDA COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER PALMER, TO DIVIDE ITEM (J) INTO ITEMS P.� (J) AND (K), WITH ITEM (K) AS AUTHORIZATION TO OBTAIN WRITTEN QUOTES FOR TWO POLICE CARS. MOTION CARRIED. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER PALMER FOR DISCUSSION, TO APPROVE ITEV (J) AS AMENDED. MOTION CARRIED. With respect to item (K), Community Services Director Peter Hahn explained that only one bid was received in April for the two Taurus vehicles, which are intended for police use, and no bids were received in May. He said the City is permitted by State law to negotiate when a bid is not responded to. He noted that the dealer who responded to the April bid was willing to sell the Taurus vehicles at the present time for the same unit price that was quoted in April. Councilmember Kasper said the Taurus vehicles were not readily available, and he believed the City should seek two or three bids on vehicles that are available. He did not believe new vehi- cles were necessary, and he suggested that the City purchase vehicles from a car rental agency. EDMONDS CITY COUNCIL MINUTES Page 2 MAY 21, 1991 Equipment Supervisor Greg Ramsland explained that dealers do not want to bid on 1991 Taurus vehi- cles because they are in the process of obtaining 1992 models. He said the dealer who did re- spond to the bid was willing to locate the 1991 Taurus model. He noted that the City could risk a price increase if it waited for the 1992 model to become available. In response to Councilmember Nordquist, Mr. Hahn said the price of the Taurus vehicles was $25,954. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO DISCUSS ITEM (K) ON MAY 28, 1991, AND HE REQUESTED STAFF TO PROVIDE THE COUNCIL WITH PRICES FOR TAURUS VEHICLES FROM BUDGET - RENT -A -CAR. MOTION CARRIED. AUDIENCE Mayor Naughten opened the audience portion of the meeting. Bob Towe, Regional Manager for Chambers Cable, 533 Main St., noted that approximately one year ago Chambers Cable initiated conversations with the Edmonds Police Department about working more closely on common problems, and from those conversations arose the Community Watch Program. He said through Chambers Cable's sophisticated communication system, emergencies that are recognized by field personnel can be transmitted immediately to the proper authorities. Mr. Towe proudly announced that the Washington State Crime Prevention Association awarded Cham- bers Cable with the Crime Prevention Program of the Year plaque for its Community Watch Program. Mr. Towe thanked the Edmonds Police Department for its cooperation, and he showed the Council the plaque. Mayor Naughten closed the audience portion of the meeting. DISCUSSION WITH LOCAL BUILDERS REGARDING DEVELOPMENT PROCESS ISSUES Bjorn Thuesen, local builder and developer, said local builders work closely with Staff, and he asked that the good will and cooperation between Staff and the builders be renewed. He said new regulations are both frustrating to understand and to keep abreast of for the local builders. He {1 said he spoke with Mayor Naughten recently about the problem, and he voiced his concern that there seems to have evolved very little flexibility on the part of Staff to work with the build- ers. Mr. Thuesen requested the City to periodically review the relationship between Staff and builders so that good public relations are maintained. Councilmember Wilson inquired about the outcome of the conversation that Mr. Thuesen had with Mayor Naughten. Mr. Thuesen said Mayor Naughten was very responsive to Mr. Thuesen's concerns, and a member of the Building Department made an on -site visit to his project that same day. Councilmember Wilson noted that Staff is under the direction of the Mayor and not the City Coun- cil. He said although the Council always welcomes input from local builders, any problems that are associated with Staff should be addressed to and resolved by the Mayor. Councilmember Kasper noted that builders were permitted in the past to occupy a building when a bond was posted, but they are no longer permitted to do that. He believed that that issue should be reviewed. He recommended that the City meet with local builders on a periodic basis to dis- cuss any issues of concern and to inform them of new regulations. Doug Herman, Blueprint Homes, 420 - 5th Ave. S., Suite "C", said his perception of existing prob- lems between builders and Staff is that recently -hired Staff members are interpreting the Code in a different manner than Staff has in the past, and that the Planning Board, Architectural Design Board (ADB) and Staff do not always read the Code in the same manner. He suggested that the chairman of the Planning Board, the ADB and Staff meet periodically with local builders to dis- cuss their interpretation of the Code. Community Services Director Peter Hahn said he intends to schedule a meeting with the builders within the next two or three weeks. Mr. Hahn stated that he investigated six instances in which Mr. Herman believed Staff interpreted the Code differently than in past years and ascertained that in all instances Staff's interpreta- tion had not deviated. Mr. Hahn said he enjoyed working with the builders and believed there was a good relationshil with them in general. EDMONDS CITY COUNCIL MINUTES Page 3 MAY 21, 1991 Mr. Hahn said he believed it was a good idea to be flexible, and he believed he could compile a list of instances when Staff has been flexible. He said Staff works very hard to accommodate the builders, and he pledged to continue in that manner. He said there may be a small percentage of time that builders perceive Staff to be uncooperative, and he and the rest of Staff would aspire to lessen that gap. Mayor Naughten said the issues were complex, and a meeting would be scheduled with Staff and builders to resolve the issues. Peter Beck (a member of the ADB) said he believed Staff does an excellent job, and that consisten- cy in interpreting the Code has remained constant over the years. CONTINUED HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PROPOSED REZONE AND COMPREHENSIVE PLAN AMENDMENT FOR TOP FOODS LOCATED AT HIGHWAY 99/220TH ST. S.W. (BRIAR DEVELOPMENT/FILE t� CDC-2-90/R-2-90 City Attorney Scott Snyder stated that in accordance with the appearance of fairness doctrine, the Council is required to reveal any ex parte communications. Mr. Snyder noted that materials were provided to the Council by the applicant in their Council packets and that the City Clerk had received two letters, one from Mr. Horner, dated May 17, and one from Mr. Cotton, dated May 21, as well as petitions. He advised any member of the public who intended to testify and wished to review the additional material to inform the City Clerk. Councilmember Kasper said he had in his possession a letter from Community Transit stating that they intend to relocate the bus stop on 76th Avenue just north of 220th. Mr. Snyder recommended that a copy of the letter be submitted to the City Clerk and that the public have an opportunity to review it. Current Planning Supervisor Jeff Wilson reported that the hearing was a continued hearing on the Top Foods project located at the northwest corner of 220th Street Southwest and Highway 99. He noted that on January 21, 1991 and February 13, 1991, the Planning Board held public hearings on the proposed amendment to the Comprehensive Plan and rezone of approximately 5.5 acres to change the land use designation from high density residential to general commercial. The proposed amend- ment and concurrent rezone application are part of a proposed 10.64 acre commercial development. Mr. Wilson said subsequent to the Council's May 7th hearing on these applications, the applicant submitted to Staff six additional permit applications, two of which were requests for amendments to the Official Street Map to vacate portions of the 216th Street Southwest and 218th Street Southwest rights -of -way as part of the applicant's site development proposal. He said those items are scheduled for a public hearing before the Hearing Examiner on June 6. Mr. Wilson said it is the recommendation of Staff to adopt the Planning Board's Findings of Fact, Conclusions and Recommendations for approval of file numbers CDC-2-90 and R-2-90 and direct the City Attorney to prepare the necessary ordinances. In response to Councilmember Palmer, Mr. Snyder said he included language in the draft ordinance that the Council reserves its legislative and administration discretion to approve or deny the two vacation applications that the applicant filed with respect to the right-of-way that runs across the property. Councilmember Hertrich referred to a letter from Gibson Traffic Consultants dated October 18, 1990. He inquired if the comments with respect to the low estimate of new site trips and high diverted trips were addressed. Mr. Wilson referred to exhibit 11, Section 5, page 53, noting that those issues were responded to in that section. Joel Gordon, Buck & Gordon, representing the applicant, noted that the consultant team was in attendance, and he urged the Council to ask questions of them if there were any remaining. Mr. Gordon said the trip generation data that was used for the proposed project was based on traffic generation figures from the applicant's other stores and from national data for large grocery stores. Mr. Gordon stated that Transpo's analysis of traffic issues underwent review during the EIS pro- cess and was reviewed by City of Edmonds Staff, City of Lynnwood, City of Mountlake and by the Department of Transportation. Mr. Gordon referred to the negative comments of the Gibson letter that were mentioned above and noted that Mr. Gibson submitted a traffic study on another project across Highway 99 in the City of Edmonds and that he relied extensively on Transpo's analysis of the proposed project as the basis for his analysis for the Family Fun Center. EDMONDS CITY COUNCIL MINUTES Page 4 MAY 21, 1991 Mr. Gordon believed the petitions that were submitted to the City were not necessarily probative on the issues that were raised because many of the people who signed the petitions resided in Seattle, Poulsbo, Lynnwood, Mountlake Terrace, Monroe, Langley, Kent, Kirkland, Redmond and ran- domly throughout the City of Edmonds. Mr. Gordon said the applicant will dedicate the right-of-way adjacent to the actual store front- age at the time the project is constructed and will dedicate the rest of the frontage that is in ownership and control of the applicant at the time the City wishes to make improvements to 220th. In addition, he said the applicant will trade an equivalent amount of square footage immediately adjacent to the corner lot with the owner of that lot if the City acquires right-of- way from him so that the owner would not have a net loss of square footage on his property. Councilmember Kasper inquired if the applicant was willing to complete a sixth lane adjacent to his property on 220th if and when the City widened 220th Street. Mr. Gordon said the applicant was willing to dedicate the right-of-way necessary for the ultimate development of 220th but the applicant was having some issue as to whether it would be five or six lanes in that location. He noted that the applicant has been advised that an acceleration lane was not appropriate in that location and that additional right-of-way, except for an acceleration lane, was not necessary to meet the full development that the City desires. Councilmember Kasper said there appeared to be interest on the part on the Council to "carry your west boundary further" so that if 220th is widened, it would not be necessary to tear up existing roadway. Mr. Gordon submitted an exhibit to the City Clerk (marked Exhibit 1) for distribution to the Council which depicted the property in question. Councilmember Kasper said the Council's concern was not so much with the project itself but with the analysis of traffic. He noted that traffic along the Highway 99 corridor is increasing, and he felt it important that 220th remain as congestion free as possible. Councilmember Nordquist inquired if provisions were made for on -site employee parking. Mr. Gor- don replied affirmatively. He noted that employee -parking was designated at the north and south end of the building. In response to Councilmember Hertrich, Mr. Gordon said the debate that was raised by Mr. Gibson was with regard to new trips versus diverted trips, which did not relate to the number of cars that would enter and exit the proposed project but, rather, was a routing and allocation issue; that is, whether they are new trips coming into the area or whether they are trips already circu- lating into the area going to some other destination that would be diverted to the proposed project. Mr. Gordon said it did not relate to the total number of trips that are going to be on Highway 99 and 220th turning into the proposed project. Councilmember Hertrich inquired about the significance of the L.O.S. on page 51 of the Gibson report which indicated that the level of service would go from "E" to "F" at the intersections of Highway 99 and 220th and 220th and 76th and that the average delay would increase from 47 seconds to 137 seconds at those intersections. Kirk Gonberg, Traffic Engineer with Transpo, stated that 76th and 220th would experience an increase in traffic if mitigation measures were not implement- ed but with mitigation measures that were identified in the EIS, future operations were forecast- ed to be somewhat better than exist. Mr. Gonberg said only 3 seconds of delay are predicted at the intersection of Highway 99 and 220th if no improvements are made to the Highway 99 corridor but if Highway 99 were improved to 7 lanes, the level of service would remain at "F" but the delay would be reduced by 50%. Councilmember Dwyer inquired if vehicular trips would be routed in a different fashion by rezon- ing the property in question. Mr. Gordon said the allocation issue was not related to the zoning use. He said to conduct an analysis, a traffic engineer must ascertain the number of trips that would be generated by a particular use but to evaluate the impacts on various intersections, he must project where those vehicles are going to come from. Mr. Gordon said there are different components of the number of trips for any particular use; some are pass -by trips and some are diverted trips. He explained that diverted trips are those trips that are not necessarily going right to store "A" but are in the general vicinity going to another destination which would di- vert to store "A" once in the area. New trips are those percentage of vehicles that are not in the area that are going to come into the area for a particular use. Mr. Gordon said the issue raised by Mr. Gibson was allocation between the percentage of vehicles that are new and the per- centage that are diverted. Mayor Naughten opened the public portion of the hearing. Ray Albano, 20916 - 76th Ave. W., said the proposed project would provide additional revenue for the City and was much better suited to Edmonds than an adult entertainment center. He noted that the proposed project would bring dollars into the community that are otherwise being spent else- where. EDMONDS CITY COUNCIL MINUTES Page 5 MAY 21, 1991 Donna Sorenson, 233 - 3rd Ave. S., said she has shopped at Top Foods in Everett, and she spoke in favor of the proposed project. She said the project would provide a quality business in Edmonds and will keep tax dollars in Edmonds. Debbie Wilcox, 712 - 9th Ave. N., said she represented a large number of Edmonds' residents who would like to shop at Top Foods but do not have the time to drive to Everett. She urged the Council to approve the proposed project so that Edmonds' residents would not be at a disadvantage merely because of their location. Mr. Gordon said he spoke with the applicant with regard to Councilmember Kasper's question about a sixth lane, and the applicant was willing to pave a sixth lane along the entire length of his property on 220th if the City desired a sixth lane and, if necessary, temporarily stripe the area until the City made permanent improvements. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER NORDQUIST FOR DISCUSSION, TO ADOPT ORDI- NANCE 2836 OF THE CITY OF EDMONDS AMENDING THE COMPREHENSIVE PLAN DESIGNATION FROM HIGH DENSITY RESIDENTIAL (MULTIFAMILY) TO GENERAL COMMERCIAL AND THE ZONING CLASSIFICATION FROM RM-2-4 MULTI- FAMILY RESIDENTIAL TO CG-2 COMMERCIAL FOR 5 ACRES OF A 10.64 ACRE TRACT LOCATED AT THE NORTHWEST CORNER OF HIGHWAY 99 AND 220TH STREET SOUTHWEST AND, IN ADDITION, WHEN THE TIME IS PROPER, THAT THE DEDICATION AND PAVING FOR THE SIXTH LANE ON 220TH BE INCLUDED IN THE ORDINANCE AND BE SO STATED IN THE ORDINANCE. Councilmember Nordquist inquired if Councilmember Wilson also intended to include the offer to pave the area. Councilmember Wilson replied affirmatively. MOTION CARRIED. Mr. Snyder noted that the amendment would be reflected in the concomitant agreement and not in the ordinance. The Council recessed at 8:25 p.m. and reconvened at 8:32 p.m. REVIEW ODOR AND NOISE COMPLAINTS REGARDING LYNNWOOD TREATMENT PLANT '1 Dr. Arthur Zoloth, 17006 - 76th Ave. W., chair of the ad hoc Citizens Committee, submitted a letter from Brown & Caldwell Consultants to the City Clerk, as well as a letter to Loren Sand, for distribution to the Council. Dr. Zoloth introduced some of the residents who live adjacent to the Lynnwood Treatment Plant as follows: Kate Fernstrom, John Fulmeir, Stan Buchanan, Diane Broughton, and Neil Johnson. Dr. Zoloth said the Committee was appreciative of the commitment by the Mayor of Lynnwood, sever- al Lynnwood Councilmembers, and Loren Sand in their efforts to resolve the issue. Councilmember Dwyer inquired about the disposition of the residents at the present time. Dr. Zoloth said the residents were working with the City of Lynnwood in a fact-finding process to determine the cause of noise and odor pollution and to define an action plan to resolve those issues. Kate Fernstrom, 7711 - 168th P1., said the odor has increased in frequency and intensity in the two years she has resided in her home, and there were probably only three days out of the year when the problem did not exist. She said she was unable to use her patio last summer and some- times had to close up her house because the odor was so strong. Ms. Fernstrom said she reported the presence of effluent on nearby property and the beach to the City of Lynnwood and subsequently to the Department of Ecology and Snohomish County Health Dis- trict, but each time the complaint was investigated, the effluent was not visible. Councilmember Hertrich said the Snohomish County Health District has communicated to him that they intend to make additional investigations in hopes of observing the effluent. Stan Buchanan, 16852 - 76th Ave. W., said the problem has existed for the 20 years that he has resided in his home and it has worsened over the years. Mr. Buchanan said the noise emanating from the plant is so loud that he cannot leave his windows open at night. He suspected that the noise issue would be unabated if not addressed, and he requested that a full investigation be conducted. EDMONDS CITY COUNCIL MINUTES - Page 6 MAY 21, 1991 Diane Broughton, 17024 - 76th Ave. W., said the noise and odor pollution is present on a daily basis. She felt the quality of life in Edmonds should be better than what the residents are experiencing. Ms. Broughton was hopeful that the City of Lynnwood will either contain the problem or set up a monitoring program so that residents do not have to maintain a constant vigilance of the plant. Dr. Neal Johnson, 7725 - 168th Pl. S.W., said a treatment plant in California has hydrogen sulfide sensors placed around the perimeter of the plant to monitor any escaping gas. He said the residents near the Lynnwood plant feel strongly that sensors should be put in place and that the City of Edmonds should take a more active role in the City of Lynnwood's assessment of the problem. Mayor Naughten said he and Staff have been in communication with the Mayor of Lynnwood and Mr. Sand, who have given assurances that the problem will be resolved. Councilmember Jaech inquired about the time frame in which the problem will be rectified. Mr. Sand said Brown & Caldwell will provide Lynnwood with a draft report of their conclusions on evaluation the noise and odor problems on either Friday or Monday, but a timetable for corrective measures has not been established yet. Mr. Sand said a meeting will be scheduled with the ad hoc committee and subsequently the neighborhood to explain the results of the report and the action plan that will be implemented. Councilmember Jaech suggested that Edmonds' Staff attend those meetings. Councilmember Hertrich inquired if the source of the noise has been identified. Mr. Sand said it appears that acoustical panels should be placed in the main scrubber system and discharge port or that the wall curtains should be extended to baffle the noise. Councilmember Hertrich inquired if Mr. Sand was capable of being contacted by the residents in an emergency situation. Mr. Sand said he has provided the residents with his home telephone number and his beeper number. In response to Councilmember Palmer, Mr. Sand said he did not believe a long-term problem existed at the plant and that the siituation could be corrected within three or four months. Mayor Naughten thanked Mr. Sand and the neighbors for attending the Council meeting. CONTINUED DISCUSSION ON CABLE TV FRANCHISE e Councilmember Palmer noted that the Council has reviewed the proposed agreement and has identi- fied areas that they felt were not up to the standards that they were looking for in a franchise. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO AUTHORIZE THE CITY ATTORNEY TO PREPARE A LETTER GRANTING A THREE-YEAR EXTENSION; THAT IT SPECIFICALLY OUTLINE THE TECHNICAL AND CONSUMER PROTECTION ISSUES THAT ARE NOT CONTAINED WITHIN THE PROPOSED AGREEMENT; THAT THE CITY FOLLOW ALONG WITH THE UTILITIES EQUALIZATION TAX; THAT THE LETTER CONTAIN INFORMATION SUCH THAT IF THEY WISH TO RESPOND WITH SOME KIND OF PROPOSAL, THE COUNCIL WILL CONSIDER IT; AND THAT THE LETTER BE PREPARED FOR SIGNATURE BY THE MAYOR AND COUNCIL PRESIDENT. MOTION CARRIED. REQUEST FOR APPROVAL OF LOCATION OF POLICE DEPARTMENT MOBILE OFFICE Assistant Police Chief Wallace Tribuzio reported that the Community Services Committee has identi- fied the following potential locations for the mobile office: Site A - located in the parking spaces on Edmonds Street just north of the Police Department. Because of the size of the mobile office, the site eliminates all but two parking spaces in the street. Those parking spaces are critical to the operation of the Department. Parking is at a premium in that area and eliminating parking would add to the problem. Placing the mobile office there would create a sight problem for vehicles using the garage and would block the north en- trance to the building. Site B - located in the planting strip between the street and the parking lot. The site allows easy access by employees and does not eliminate any parking places. It also allows for an addi- tional mobile office if needed in the future just north of the site. The location requires remov- al of a twenty foot pine tree and a fifteen foot ornamental plum tree. Site C - located just north of Site B and in the area that was considered for an additional mo- bile office. It appears that the mobile office could be located so that the trees do not have tc be removed. The location will eliminate one parking space and require removal of some shrubs. EDMONDS CITY COUNCIL MINUTES Page 7 MAY 21, 1991 Mr. Tribuzio said it is Staff's recommendation that Site A not be considered because of the nega- tive impact on Department operations and the loss of parking spaces. If an additional mobile office is needed in the future, Chief Tribuzio said the issue can be reviewed at that time and can placed in either Site B or C. Chief Tribuzio said it was preferable to locate the office on Site B with the doors and steps facing the Police Department for security reasons, easier access from the Public Safety Building, and because it will subconsciously allow employees in the mobile office to remain part of the organization. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, THAT THE MOBILE OFFICE BE LOCATED ON SITE C AND THAT SITE B OR A BE CONSIDERED IF AN ADDITIONAL MOBILE OFFICE IS NEEDED. Councilmember Hertrich said he had discussed at a Committee meeting the possibility of locating the mobile office between the brick wall and the building where it says, "not to scale" on the south side, but there is only 12 feet between the building and the wall. He noted that the mo- bile office is 12 feet in width and could not be located in that area. Councilmember Hertrich said he would endorse Site B as the location for the mobile trailer. Councilmember Dwyer noted that the Northwest is a rain -ridden environment, and he was concerned that documentation could get wet when being transferred fro the main office to the mobile of- fice. Chief Tribuzio said there was no need for concern of documentation because the mobile office would be self contained. Councilmember Dwyer inquired about security of the office. Chief Tribuzio said a portable alarm could be installed if security became an issue. Councilmember Palmer said he was prepared to vote in favor of the motion because the City is experiencing a space needs problem, and the mobile office would house one of the City's most vital resources --its security. He noted, however, that approval of the mobile office in no way implied approval for a second mobile office. MOTION CARRIED. MAYOR Mayor Naughten noted that the week of May 19th through the 25th has been declared as National Public Works Week. Mayor Naughten requested confirmation of his appointment of Mary Fischer to the Library Board. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER PALMER, TO CONFIRM THE MAYOR'S APPOINT- MENT OF MARY FISCHER TO THE LIBRARY BOARD. MOTION CARRIED. COUNCIL Council President Palmer thanked the Council for their participation in the Council retreat last weekend. He noted that the minutes are being prepared and, in addition, a list of only the Coun- cil's motions will be prepared. Council President Palmer noted that Police Chief Dan Prinz responded to a letter from Mrs. Lewis regarding illegal fire works in the City of Edmonds. He recommended that a notice of the restric- tions in the City's fireworks ordinance be included in the next water bill. Councilmember Wilson suggested that an additional measure be taken and that an article be placed in the newspaper prior to the 4th of July notifying the public that the City intends to actively enforce the ordi- nance. Council President Palmer noted that a meeting is scheduled on May 22, 1991 at 1:30 p.m. in the Administration Building in Everett to discuss urban boundaries in reference to a map which out- lines anticipated future boundaries of cities. He said he would like the Council to receive a copy of any map that is in existence that was prepared showing those ultimate boundaries. Councilmember Dwyer said the discussion scheduled for next week's Council meeting regarding the Finance Committee's recommendation for the City Council's expense account was removed from the agenda because not all of the information has been compiled, and the item will be rescheduled on June 25, 1991. Councilmember Dwyer said he and his family have gone to Funtasia in Edmonds, and he believes that the business is operating very well and fills a need. Student Representative Ted Hunter commented that the cable t.v. service has improved within the last two years. EDMONDS CITY COUNCIL MINUTES Page 8 MAY 21, 1991 Student Representative Hunter hoped that more effort is made toward mitigating the odor problem at the Lynnwood Treatment Plant and not just to monitor the.problem. Mayor Naughten said mea- sures will be taken to mitigate the odor. Councilmember Hertrich inquired about the date of the Ferry Technical Committee meeting. Communi- ty Services Director Peter Hahn said the meeting is scheduled on May 28th at 9 a.m. at Reid - Middleton and Associates in Lynnwood. Councilmember Hertrich said the approval of the rezone request by Top Foods brought to his mind fl. 1' what he considers a deficiency in the City's Comprehensive Street Plan. He said a recent study has not been conducted in the areas adjacent to Highway 99, and he was concerned with traffic flows and future development. He requested Staff to provide the Council with a list of revisions P that they feel would be important in the Comprehensive Plan. Mr. Hahn noted that a study will be conducted as part of the Comprehensive Transportation Plan. Councilmember Wilson said the Council's retreat was productive. Councilmember Wilson said there was an interesting article in the newspaper recently regarding a debate by congress regarding the cable t.v. ordinance. He recommended that the City, along with other local cities, write letters to the State's congressman and senators in support of the ef- fort to put more control back into municipalities. The Council recessed to an executive session at 9:35 p.m. to discuss a legal matter and property matter for approximately 30 minutes and adjourned thereafter. THESE MINUTES ARE SUBJECT TO MAY 28, 1991 APPROVAL. THE OFFICIAL SIGNED COPY OF THESE MINUTES IS ON FILE IN THE CITY CLERK'S OFFICE. t CQUE INE G. PARRET , City Clerk EDMONDS CITY COUNCIL MINUTES Page 9 MAY 21, 1991 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. MAY 21, 1991 6:45 P.M. - INTERVIEW LIBRARY BOARD APPOINTEE rl At, CAI IMr- 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF MAY 7, 1991 (C) PROPOSED ORDINANCE 2835 AMENDING EDMONDS CITY CODE TITLE 8 REGARDING TRAFFIC CONTROL SIGNS (D) PROPOSED ORDINANCE 2836 AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE TO ESTABLISH 18-MONTH TIME LIMIT FOR ARCHITECTURAL DESIGN BOARD APPROVAL (E) AUTHORIZATION TO PURCHASE SAND FOR CIVIC CENTER FIELD FROM BORTH CORPORATION ($3,400) (F) AUTHORIZATION TO CALL FOR BIDS FOR STORM DRAIN, WALKWAY, AND RESURFACING FOR 96TH AVE. W. (G) FINAL ACCEPTANCE OF WORK ON DAYTON ST./SR104 STORM DRAINAGE PROJECT BY WILDER CONSTRUCTION CO., AND SET 30-DAY RETAINAGE PERIOD (H) REPORT ON QUOTES FOR REPLACEMENT OF FLOOR TILE AT MEADOWDALE CLUBHOUSE AND AWARD OF BID TO WESTERN CARPET ($5,070.90) (I) APPROVAL OF LABOR AGREEMENT WITH INTERNATIONAL ASSN. OF FIREFIGHTERS (J) REPORT ON BIDS OPENED MAY 15, 1991 FOR PURCHASE OF SIX VEHICLES ON 1991 REPLACEMENT PROGRAM, AND AWARD OF CONTRACT TO GMC TRUCK CENTER ($59,390.83) 2. AUDIENCE 3. DISCUSSION WITH LOCAL BUILDERS REGARDING DEVELOPMENT PROCESS ISSUES 4. CONTINUED HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PROPOSED REZONE AND COMPREHENSIVE PLAN AMENDMENT FOR TOP FOODS LOCATED AT HIGHWAY 99/220TH ST. S.W. (BRIAR DEVELOPMENT/FILE CDC-2-90/R-2-90) 5. REVIEW ODOR AND NOISE COMPLAINTS RE LYNNWOOD TREATMENT PLANT 6. CONTINUED DISCUSSION ON CABLE TV FRANCHISE 7. REQUEST FOR APPROVAL OF LOCATION OF POLICE DEPARTMENT MOBILE OFFICE 8. MAYOR 9. COUNCIL (10 MINUTES) (40 MINUTES) (10 MINUTES) (20 MINUTES) (10 MINUTES) THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE