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01/21/1992 City CouncilTHESE MINUTES SUBJECT TO JANUARY 28 APPROVAL EDMONDS CITY COUNCIL MINUTES January 21, 1992 The meeting of the Edmonds City Council was called to order at 7:15 p.m. by Mayor Laura Hall at the Library. Plaza Room, 650 Main Street. All present joined in the flag salute. Laura M. Hall, Mayor Jeff Palmer, Council President Steve Dwyer, Councilmember Bill Kasper, Councilmember Dave Earling, Councilmember Michael W. Hall, Councilmember John Nordquist, Councilmember Jack Wilson, Councilmember Brett Shirley, Student Representative Councilmember Dwyer arrived at 7:05 p.m. CONSENT AGENDA Items (B), (C), (D), (K), (N) were pulled from the Consent Agenda. STAFF Art Housler, Admin. Serv. Director Buzz Buzalsky, Fire Chief Brent Hunter, Personnel Director Rob Chave, Planning Manager Peter Hahn, Comm. Serv. Director Dan Prinz, Police Chief Jeff Wilson, Planning Supervisor Noel Miller, Public Works Supt. Greg Ramsland, Equip. Rental Supv. Dick Mumma, Building Official Bob Alberts, City Engineer Rhonda March, City Clerk Scott Snyder, City Attorney Barb Mehlert, Recorder COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL PRESIDENT PALMER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include: (A) ROLL CALL (E) AUTHORIZATION TO CALL FOR BIDS FOR LIBRARY BOOK DROP �(F) APPROVAL OF RESOLUTION 735 APPOINTING JOHN NORDQUIST AND MICHAEL W. HALL TO r SNOHOMISH HEALTH DISTRICT BOARD (G) APPROVAL OF RESOLUTION 736 APPOINTING DAVE EARLING AS REPRESENTATIVE AND MICHAEL W. �( HALL, ALTERNATE, TO SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION BOARD (H)OVAL OF INTERLOCAL AGREEMENT FOR SOUTH SNOHOMISH COUNTY NARCOTICS TASK FORCE APPROVAL OF INTERLOCAL AGREEMENT FOR THE SNOHOMISH COUNTY REGIONAL NARCOTICS V1-41(1) TASK FORCE FOR PERIOD OF JULY 1, 1991 THROUGH JUNE 30, 1992 ($6,274). (J) PROPOSED ORDINANCE 2863 FOR EMPLOYEE CONFIRMATION AND APPOINTMENTS ACKNOWLEDGEMENT THAT TERMS OF THE CONTRACT REGARDING MATCHING FUNDS WITH L�1 PATHWAYS FOR WOMEN HAVE BEEN FULFILLED M) APPROVAL OF WARRANTS, PETTY CASH, AND CREDIT CARD EXPENDITURES FOR MONTH OF DECEMBER APPROVAL OF MINUTES OF JANUARY 14, 1992 (Item (B) on Consent Agenda i> COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO DEFER APPROVAL OF THE MINUTES OF JANUARY 14, TO THE JANUARY 28 COUNCIL MEETING IN ORDER TO STUDY THEM FURTHER. MOTION CARRIED. AUTHORIZATION FOR CANCELLATION OF OUTSTANDING UNCOLLECTIBLE ACCOUNTS RECEIVABLE FOR F �,p' `OkP 1988 AND 1990(Item (C) on the Consent Agenda It was noted in the Council packet that this item would be deferred to a future agenda in February, 1992. AUTHORIZATION TO LEASE SEVEN (7) POLICE PATROL CARS FROM FINANCIAL CONSULTANTS INTL. ($97,776) Item (D) on the Consent Agenda 4 _ YCOUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL PRESIDENT PALMER, TO PLACE THIS ITEM ON THE REGULAR AGENDA AND PLACE IT AS ITEM 5B FOR DISCUSSION. MOTION CARRIED. PROPOSED ORDINANCE PROVIDING FOR 1992 PERMIT FEES ADJUSTMENTS AND PROPOSED ORDINANCE PROVIDING FOR 100% RECOVERY OF MEADOWDALE PERMIT REVIEW FEES. (Item (K) on the Consent Agenda COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO PLACE THIS ITEM ON THE JANUARY 28, 1992 REGULAR AGENDA AS A 15 MINUTE DISCUSSION ITEM. Under discussion, it was noted this item has not been before the public, and a discussion was needed on this issue. MOTION CARRIED. APPROPRIATION OF FUNDS FOR PUBLIC WORKS MAINTENANCE MANAGEMENT SOFTWARE ($2.646). Item 1(N) on the Consent Agenda a� Councilmember Kasper stated the Council previously stated the budget would not be altered until the Council could review first quarter revenues, and questioned this expenditure. °7 Mayor Hall asked Councilmember Kasper if he would like this item removed from the Agenda until after the first quarter, or is he simply speaking out against it. Councilmember Kasper stated he would like this item moved until after the first quarter, approximately April. Peter Hahn, Community Services Director, stated this item was discussed before the Community Services Committee the previous week and it was noted this expenditure does not impact the General Fund. Mr. Hahn noted the General Fund part was budgeted and it is presently in the budget in which the Council adopted. Mr. Hahn referenced the Agenda Memo and the non -General Fund break downs which would pay for the expenditure. Councilmember Kasper asked if this expenditure would be used anywhere else in the non -General fund in the City, and Mr. Hahn said it will only be used in Public Works in addition to the Treatment Plant. Mr. Hahn said the hardware was budgeted for 1991, however, the tape back up was not purchased at that time which is necessary, and Mr. Hahn replied there was not enough money to buy it in 1991, and Mr. Hahn feels this item was inadvertently left out of the 1992 Budget. Councilmember Palmer referenced the $246.00 expenditure which is listed as sales tax, and said it didn't appear to come out of any fund, and Mr. Hahn said he is recommending that it come from the three funds that are listed on the Agenda Memo. Councilmember Kasper said it was his hope that in the future, the City would purchase the hardware and software at the same time to alleviate potential problems later on. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE ITEM (N) ON THE CONSENT AGENDA. MOTION CARRIED. Prior to the Audience portion of the meeting, Mayor Hall deferred to Council President Palmer for an announcement. Council President Palmer read a letter into the record dated January 21, 1992, to the Edmonds City Council from Jack M. Wilson: "As you all know from our personal conversations, I am resigning from the Edmonds City EDMONDS CITY COUNCIL MINUTES Page 2 January21, 1992 Council as of January 21, 1992. My respect for all of you and the good work you do is both broad and deep. I feel good that this City has a strong Council that respects the taxpayers money and a Council that will make the right decisions to preserve the quality of life in Edmonds. Thank you all for your support during the past eight years, Sincerely, Jack M. Wilson." Council President Palmer said he would speak to the subject of filling that vacancy during the Council portion o the meeting. Mayor Hall noted Jack Wilson was not present this evening, as he was attending to other matters, otherwise he would be "rolling up his sleeves with the rest of us! Mayor Hall recognized two Boy Scout Troops in the audience: Boy Scout Troop 367 from the Church of Jesus Christ Latter Day Saints; and Boy Scout Troop 301 from Edmonds-Woodway High School. It was noted both troops were present to earn their citizen and community merit badges. AUDIENCE Gerry Jennings, 15205 63rd Ave. West Edmonds, asked the Council to reconsider the Norma Beach/Picnic Point area for possible annexation. Ms. Jennings noted the City of Lynnwood has filed with the Boundary Review Board, which puts the area in a position where it can be taken away from further study. Ms. Jennings requested 1'r✓' the City of Edmonds to petition the Boundary Review Board to request a public hearing on the annexation area (�p1 Ms. Jennings said this basically would provide the residents of the proposed area with a public hearing to express their feelings to the Boundary Review Board, and at the same time it would show an interest by the City of Edmonds, which is what the people are looking for. Ms. Jennings also said it would be beneficial for someone to review the assessed values of the subject areas in the Assessor's Office, as Ms. Jennings said these figures are $5 million more than was previously related to Council. Ms. Jennings said this would be a time consuming procedure, however, it would produce accurate figures. Ms. Jennings said if this area is annexed into Lynnwood, Edmonds would possibly lose a potential large revenue source for the City. Ms. Jennings feels the City should at least pursue an option on this subject. ,,,,A)Mary Storm, 21812 93rd West, Edmonds, addressed the Council on the Flower Basket Program. Ms. Storm �&0 , agreed with the Council that with revenues being short, now is not the time for the City to pay for the flowers; r however, Ms. Storm feels an adoption type of program could be set up, such as the business community and private citizens adopting flower baskets or corner parks, etc. Robert Shannon, 4725 176th St, Lynnwood, addressed the Council on the 1992 Region Xll USA Boxing ,- Championships. Mr. Shannon said he grew up in Edmonds and went to Edmonds schools. Mr. Shannon asked the Council to become a sponsor for the Region XII boxing championships to be held at Edmonds Community College on February 8 and 9. Mr. Shannon said he has set a budget for $6,000 for the tournament and mentioned other cities and private businesses have committed to sponsoring the event. Mr. Shannon stated this championship is the first round of qualifications for the 1992 Olympic Boxing Team which will be held in Barcelona, Spain. Councilmember Nordquist asked that this item be discussed later in the agenda for possible action. It was noted Mr. Shannon was on the 1991 Olympic Team, and has competed all over the world. Mr. Shannon said the sport has allowed him to have many exciting experiences such as having dinner at the White House with the President, as well as contact with Mike Tyson and Muhammad Ali. Councilmember Nordquist thanked Mr. Shannon for putting Edmonds' name into the world and expressed his appreciation for his presentation. Councilmember Nordquist stated Edmonds Fire Chief Buzz Buzalsky is the 1992 Olympic Team Manager, and Mr. Shannon replied he has known Chief Buzalsky for a number a years, and also that the Chief would be present in Barcelona, Spain. Mayor Hall told Mr. Shannon that action would be taken on this subject at the end of the meeting during the Council portion. j� A Norma Beach/Picnic Point area resident living at 4913150th PI. S.W., Edmonds addressed the Council on the proposed annexation. She said she was one of the people who worked very hard to get the residents of Norma EDMONDS CrrY COUNCIL MINUTES (� Page 3 January21, 1992 Beach/Picnic Point area to vote down the annexation into Lynnwood and suggested that would happen again since Lynnwood has filed with the Boundary Review Board. She feels if the area is annexed into Lynnwood, that would mean the area would be involved in a conglomerate instead of a city that is concerned with environmental issues as the City of Edmonds is, and expressed her desire to be annexed into the City of Edmonds. Mayor Hall closed the audience portion. �yON SECOND HEARING REGARDING PROPOSED ZONING FOR AREA LOCATED AT NORTHWEST CORNER OF d" 220TH STREET S.W. AND 92ND AVENUE WEST AND ADOPTION OF PROPOSED ORDINANCE APPROVING jj`fFr>✓ �� ANNEXATION AND ESTABLISHING ZONING (KAY JOHNSON/FILE NO. AX-2-90) Planning Supervisor Jeff Wilson, stated the item before the Council is the second public hearingfor the C�{'r proposed Johnson annexation. Mr. Wilson said the annexation is located at the northwest corner of 92nd Avenue West and 220th Street S.W. Mr. Wilson said the annexation has been previously reviewed by the City Council and Planning Board during a meeting with the petitioners on May 2, 1991 and a public hearing with the Planning Board on June 12, 1991 to establish a recommendation for zoning, and, a public hearing before the Council which was held on July 2, 1991. Mr. Wilson said it was the action of the Council to approve circulation of petitions for annexation which included the zoning of the area as RS-8 and, formally adopt and accept the area into the City of Edmonds upon final publication of the ordinance. Mayor Hall opened up the public portion of the hearing, and as no member of the public came forward, Mayor Hall closed the public portion of the hearing. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCIL PRESIDENT PALMER, TO ADOPT ORDINANCE 2864 PREPARED BY THE CITY ATTORNEY WHICH ACCEPTS THE ANNEXATION AND ESTABLISHES THE ZONING FOR THE AREA. MOTION CARRIED. ,(& SECOND HEARING REGARDING PROPOSED ZONING FOR AREA LOCATED EAST OF 92ND AVE. W. ,9 BETWEEN 218TH STREET S.W. AND 220 STREET S.W. AND ADOPTION OF PROPOSED ORDINANCE ,o"A APPROVING ANNEXATION AND ESTABLISHING ZONING (CARL ASKLUND/FILE NO. AX-1-91 Planning Supervisor Jeff Wilson, said this annexation is located on the north side of 220th St. S.W., east of 92nd Avenue. Mr. Wilson said this is the remaining unincorporated portion located north of 220th Street. Mr. Wilson said this area would be zoned RS-8 as the previous item, and noted it has been reviewed by the Council at a public hearing regarding a circulation of petition, as well as a meeting with residents of the area. Mr. Wilson stated this has also been approved by the Boundary Review Board. Mr. Wilson asked the Council to adopt the final ordinance which would approve the zoning of RS-8 and adopt the annexation. Mayor Hall opened up the public portion of the hearing, and as no member of the public came forward, Mayor Hall closed the audience portion of the hearing. COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST TO ADOPT ORDINANCE 2865 PREPARED BY THE CITY ATTORNEY WHICH ACCEPTS THE ANNEXATION AND ESTABLISHES ZONING FOR THE AREA. MOTION CARRIED. Councilmember Nordquist recognized the members of the audience who now became part of the City of Edmonds as a result of the previous two hearings, and Mayor Hall asked those people to stand up to be officially welcomed into the City of Edmonds. HEARING ON PLANNING BOARD RECOMMENDATION FOR AMENDMENTS TO EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 15.10.000.F (COMPREHENSIVE PLAN - ELEMENTS: BICYCLE PATHS AND (tlrb TRAILS PLAN) TO INCLUDE A WALKWAY BETWEEN HINDLEY LANE AND BROOKMERE DRIVE (APPLICANT: l] CITY OF EDMONDS/FILE NO. (CDC-9-91). Jeff Wilson, Planning Supervisor, said this hearing involves a proposal to amend Edmonds Community Development Code Section 15.10.000.E (Comprehensive Plan - Elements: Bicycle Paths and Trails Plan) to designate a "Neighborhood Trail" (pedestrian path) segment between Hindley Lane and 8th Avenue North. Mr. Wilson stated as part of the Shell Creek project, the City acquired a 6-foot wide strip of land between Hindley Lane and 8th Avenue North for pedestrian access. Mr. Wilson said this issue was first brought before the Council in a different fashion last Spring with an amendment to the Official Street Map to remove a designation of the EDMONDS CRY COUNCIL MINUTES Page 4 January 21, 1992 subject property as a future public right-of-way. At that time, Council asked Staff to proceed to the Planning Board to discuss the merits of adding the 6-foot wide strip to the City's trail plan as a future pedestrian trail segment to connect the two neighborhoods. Mr. Wilson said the Planning Board held a public hearing on July 10, 1991, to review the proposed amendmen' to the City's trail map to add the 6-foot wide strip of land between Hindley Lane and 8th Avenue North as a futur( pedestrian trail. Mr. Wilson said considerable testimony was given during the hearing both in favor and it opposition to the proposed amendment. After consideration of all the testimony and discussion by the Board the Board adopted a recommendation that the proposed amendment be approved, with comment to the Council that the focus of the trail should be in identifying the trail segment as a "neighborhood trail" which is designated and intended for the purpose of providing pedestrian access between the two neighborhoods. Mr. Wilson said the Board believes that it is not appropriate to designate the trail as one that is part of a larger pedestrian trail network which connects the entire City. Mr. Wilson stated he is asking Council to direct the City Attorney to prepare the necessary Ordinance to adopt the recommendations of the Planning Board. Councilmember Kasper stated he wanted to be sure this was designated as a neighborhood trail and not part of the Comprehensive Plan. Mr. Wilson stated the recommendation by the Planning Board clearly states the trail is called a neighborhood connector, and nothing of a greater nature such as part of a regional pathway system. Mr. Wilson referenced vicinity maps of the area and proceeded to illustrate them for the Mayor and Council. Mayor Hall opened up the public portion of the hearing Lee Johnson, 722 Hindley Lane, stated he is the parry who sold the property to the City in the first place. Mr. Johnson expressed his displeasure over the proposed walkway, and Mr. Johnson stated he could repurchase that land from the City if he so desires. Ruth Curl, 725 Hindley Lane, stated she is opposed to the walkway for reasons including safety and privacy reasons. Ms. Curl noted there are children now living in the area, and Ms. Curl is afraid for their safety as she feels the creek poses a hazard to the children who may be tempted to play in it and become trapped. Greg Cobb, 800 Hindley Lane, said his property borders the entire east side of the proposed path. Mr. Cobb stated he is opposed to the proposed walkway and feels it is not just a simple matter. Mr. Cobb opposed the walkway for various reasons including invasion of privacy. Jack Merrill, 845 Brookmere Drive, stated he is in favor of the proposed walkway. Mr. Merrill said he took a position early on to oppose the walkway as he didn't feel it belonged in the Comprehensive Plan, however, now that it has been designated a neighborhood path, Mr. Merrill feels it would be a, good addition to the neighborhood. Pam Smith, 740 Puget Lane, said she is in favor of the proposed walkway for several reasons, including safety for her children. Ms. Smith explained she had 4 kids who attend Holy Rosary, and as it now stands, the children have to walk along Casper Street, which has no sidewalks, and Ms. Smith feels this is not safe for her children. Dick Burgoyne, 750 Brookmere Drive, expressed his opposition over the proposed trail for reasons including privacy and security. Clarke Mahaffey, 820 Brookmere Drive, stated he opposes the proposed walkway. Mildred Mahaffey, 820 Brookmere Drive, stated she also opposes the proposed walkway. Florence Burgoyne, 751 Brookmere Drive, expressed her opposition to the proposed walkway. Bob Smith, 740 Puget Lane, expressed his support for the walkway. Mr. Smith stated the purpose of the City purchasing the property was to basically provide a pathway between the neighborhoods. MR. Smith agreed the condition of the pathway is not particularly safe due to the creek, however, Mr. Smith feels those issues will be addressed by the City. EDMONDS CITY COUNCIL MINUTES Page 5 January21, 1992 Pete Schoenberg, 750 Melody Lane, said he supports the proposed walkway for various reasons including safety issues. Mr. Schoenberg said several families have moved in the area with children, and the children need a safer access than 9th Avenue and Casper Street provides. Robert Albeck, 731 Brookmere Drive, stated he is against the proposed walkway for many reasons including safety. David Hendrickson, 22425 85th West, stated he was opposed to the proposed walkway for safety reasons. Mr. Hendrickson feels an influx of strangers would occur, leaving the neighborhood feeling unsafe. Merle Nelson, 741 Melody Lane, stated she is opposed to the proposed walkway for privacy reasons. Eva Dean, 739 Melody Lane, expressed her support for the proposed walkway. Mrs.Schoenberg, 750 Melody Lane, said she supports the proposed walkway and feels it would be a welcome addition to the neighborhood. Harold Johnson, 721 Hindley Lane, expressed his support for the proposed walkway as he feels it provides a better and safer access for citizens to access the downtown Edmonds area. Brock Brekart, Bell Street, said he supported the proposed walkway as he visits friends in that area often, and the walkway would provide him with safer and better access. Gregg Cobb, 800 Hindley Lane, said he wanted to clarify a statement made by Mr. Smith who stated the 6 foot easement was purchased specifically for a pathway, and Mr. Cobb doesn't feel that was the case. Mr. Cobb feels the land was purchased specifically as part of the easement for the Shell Creek/Hindley Creek drainage project. Lee Johnson, 722 Hindley Lane, feels that everyone who is supporting the proposed walkway does not live on the walkway, and feels if they did they wouldn't support ft. Mayor Hall asked if any other member of the audience wished to come forward to speak on this issue. Since no member of the audience came forward, Mayor Hall closed the public portion of the hearing. City Attorney Scott Snyder stated the instructions from the City to his firm for the acquisition of the easement was to purchase it for use as of walkway to connect Hindley Lane and Brookmere Drive. Mr. Snyder also stated the State has a provision called the Recreational Use Statute which is applicable to walkways and trails, as has been applied to the City of Seattle's extensive parkway system that excludes all known or ascertainable hazards that are normally connected with that kind of recreation. Mr. Snyder said regarding the issue of peat bog, the Statute requires if there are defects in the property, ft has to be clearly signed to address them. Councilmember Kasper stated this issue has been ongoing for approximately four years. Councilmember Kasper said ft has been the policy of the City to try and open up neighborhood connections. Councilmember Kasper noted he has a walkway parallel to his house and stated the walkway is about to be closed, which Councilmember Kasper opposes. Councilmember Kasper stated he has lived in his residence for over 27 years and has never encountered a problem with the walkway as far as citizens using ft for access. Councilmember Kasper said the proposed walkway is a neighborhood connector, not a trail system that is listed on the City's Comprehensive Plan. Councilmember Kasper also stated the cost of implementing this neighborhood walkway will be low. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCIL PRESIDENT PALMER FOR DISCUSSION, TO PROCEED WITH THE NEIGHBORHOOD PATHWAY DESIGNATION OF THE TRAIL. Council President Palmer asked Councilmember Kasper if he is accepting the Planning Board's recommendation that ft be designated a neighborhood connector/pathway. Councilmember Kasper replied he did not want it listed for bicycles, as it is a neighborhood connector. Councilmember Kasper said this does not mean a child cannot ride his bike to school via the path, however, Councilmember Kasper doesn't feel it should be on the trail plan at all and doesn't feel ft should be listed on a regional map. EDMONDS CITY COUNCIL MINUTES Page 6 January21, 1992 Council President Palmer stated he has a designated walkway next to his residence, which is heavily used and has posed no problems whatsoever. Council President Palmer expressed his concern, however, over preserving the privacy of the adjoining properties, Council President Palmer asked Councilmember Kasper if he was willing to AMEND THE MOTION TO INCLUDE DIRECTING THE MAYOR TO PROVIDE THE COUNCIL WITH A PLAN FOR IMPROVING THE STRIP, BRINGING IT UP TO STANDARDS TO REDUCE THE SAFETY CONCERNS Councilmember Kasper said that would be agreeable. Councilmember Hall asked for a clarification on the process when a piece of land is purchased by the City Councilmember Hall asked if the owner of the land who is selling, is made aware that a pathway is a possibility for future usage, or does the City come to the landowner asking for an easement for a particular project, which in this case, was the Shell Creek Drainage project. City Attorney Scott Snyder said in this case, his firm was directed to acquire the strip of land specifically for use as a neighborhood connector. Mr. Snyder said all of the other areas in the Shell Creek area were acquired as a utility easement with the exception of this particular parcel. Councilmember Dwyer stated in other words, the City purchased the property, not an easement. Mr. Snyder said this statement was correct. Councilmember Hall asked if the land owner knew of this potential use for the property, and Mr. Snyder stated he was not sure. Councilmember Hall suggested in the future acquisitions of easements and/or walkways, the City needs to make the intent known up front. Student Representative Brett Shirley said his conception of a neighborhood is about being friendly, and suggested the residents in the subject area give a smile to those who use the path. MOTION, AS AMENDED BY COUNCIL PRESIDENT PALMER, CARRIED UNANIMOUSLY. AUTHORIZATION TO LEASE SEVEN (7) POLICE PATROL CARS FROM FINANCIAL CONSULTANTS INT. t ($97,776) (Item (D) on the Consent Agenda Councilmember Nordquist asked Chief Prinz if the City is purchasing the cars with City money, and then transferring the title over to the leasing company. Chief Prinz deferred the question to Greg Ramsland, Equipment Rental Supervisor. Mr. Ramsland said in order for the City to receive a fleet discount from the State, which amounts to $1500, the City has to place the order, and a third parry can pay the bill. Councilmember Nordquist inquired if City funds would be used for the purchase, and Mr. Ramsland replied negatively. Councilmember Nordquist questioned the concept and reasoning for buying seven cars versus six cars. Chief Prinz said there is a concern that too many miles are being put on the cars. Chief Prinz explained the City is trying to keep the payments as low as possible, and as the price of the vehicles escalate, the higher the residual at the end of the lease. Chief Prinz said if the payments are to be kept where they are at, the mileage on the cars needs to be kept below 75,000 in order to alleviate penalties for mileage over 75,000. Chief Prinz said the leasing company wants to put on a 15 cents per mile penalty over 75,000 miles. Chief Prinz stated one of the problems is the police cars are accumulating 90,000 to 100,000 miles per year depending on the vehicle. Chief Prinz said if a seventh car was purchased, the mileage could be kept down, as well as adding an extra vehicle for the police force. Chief Prinz noted that when a police car is out for service, that leaves one less vehicle for the officers to use, which means officers have to double up. Councilmember Nordquist asked Chief Prinz if he expected the mileage to be held at 75,000 for each car and Chief Prinz feels it would not be feasible. Councilmember Nordquist said his figures showed it would be less expensive to run six cars and run up the 15 cents per mile, rather than have the seventh car. Chief Prinz said the extra car would be available for police use when needed. Councilmember Nordquist asked Chief Prinz if the City is still being provided vehicles for the additional officers from Criminal Justice, and Councilmember Nordquist asked what happened when that sunsets. Chief Prinz said the Criminal Justice issue will be revisited January 1, 1994, and said there would be a vote at that time to see if the people still are interested in imposing the 1/10 of a percent sales tax. Chief Prinz said at that time, the City will have to face the issue of keeping the officers and/or reducing the number of cars. EDMONDS CITY COUNCIL MINUTES Page 7 January21, 1992 Council President Palmer inquired on the downtime record for the patrol cars and asked if the City kept records on this. Mr. Ramsland said there is no record that keeps track of down time. Mr. Ramsland said the basic problem is not time of repair, but waiting for parts to be delivered. Council President Palmer inquired if more than one Chevrolet dealer was contacted for a bid price on the Lumina, and Mr. Ramsland replied negatively. Councilmember Nordquist said he contacted another dealer and was quoted a much lower price than what is being presented. It was noted by Councilmember Nordquist this did not include the police package. Council President Palmer asked Chief Prinz to explain the budgeting for this item. Chief Prinz said the amount of money that is budgeted is $49,000 which would come out of the "B" fund the first year. Chief Prinz said at earlier budget discussions, it was decided the payments would emanate from the "B" fund, and then the General Fund the second year. Council President Palmer said it was his understanding that "B" Fund monies were vehicles specific. Mr. Ramsland said City Code mandates that "B" Fund monies can be used to purchase machinery and equipment. Mr. Ramsland said in the Public Works Departments, where vehicles are utilized for a long period of time, they stand alone on their replacement. Mr. Ramsland said the Police Department, where vehicles are replaced every two years, it is very hard to recoup the monies to replace those cars. Council President Palmer clarified there is not a "B" fund that is generating enough money to replace the patrol cars, and Mr. Ramsland replied affirmatively, not every two years. Council President Palmer said the Council has to be aware of this. Council President Palmer said, the City is going to be in the same boat in two years, and Chief Prinz replied affirmatively, if "B" Fund monies were used in the second year. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO AUTHORIZE TO LEASE SEVEN (7) POLICE PATROL CARS FROM FINANCIAL CONSULTANTS INTL. ($97,776). MOTION CARRIED. HEARING ON PLANNING BOARD RECOMMENDATION FOR AMENDMENTS TO EDMONDS COMMUNITY �t��` DEVELOPMENT CODE SECTION 20.90.010. B. 11.13 TO CLARIFY AND ENHANCE PUBLIC NOTICE PROCEDURES G I ') APPLICANT: CITY OF EDMONDS/FILE NO. CDC-9-91) WV i� F. y Rob Chave, Planning Manager, stated the Planning Board held a public hearing on the proposed amendment April 10, 1991, and has recommended that the ECDC be amended to reflect changes in the City's public notice requirements. Mr. Chave explained that Staff currently is responsible for posting notification of hearings for all projects which currently require notices by the City; and all minor Architectural Design Board projects which involve new or substantially remodeled buildings. Mr. Chave stated the proposal makes the applicant responsible for the posting, and also requires a $50 deposit for each sign the applicant uses. Mr. Chave said the applicant would receive the $50 deposit back when the signs are returned to the City by the applicant, after the proper notification period is completed. Mr. Chave stated this procedure would allow the City to utilize the signs again in the future, thus saving the City money by re -using the signs. Mr. Chave said posting of notification is a time consuming process, and it would free up Staff time considerably if the burden of posting was placed upon the applicant. Mr. Chave also stated the applicant has ready access to the property and is in a better position therefore, to post the property. Mr. Chave also stated Section 20.90.010.B.1 of the ECDC provides for the collecting of fees for the signs, which the City currently does not collect for. Mr. Chave said the alternative to this proposal would be to evaluate what the total cost to the City is in terms of posting of notifications. Mr. Chave stated this cost would include the time it actually takes Staff to post and also the cost of the signs. Mr. Chave said once this is known, that surcharge can be added to the planning fees. Council President Palmer referenced a letter from citizen Jo -Anne Jaech concerning posting notifications. Council President Palmer said the letter requested notification of hearings be posted as soon as the application is processed, instead of no later than 12 noon on the day of the required posting deadline, as stated in Section 20.90.010.13.1 of the ECDC. Council President Palmer inquired on past practices by Staff as far as when they posted. Mr. Chave replied Staff tries to post on or before the posting date, or as soon as possible. Council President Palmer said an application could potentially be received by the Planning Department quite a ways in advance, and Mr. Chave substantiated this statement. Mr. Chave stated in order to conform to the request of the citizen, the City would have to change the parts of the code that set forth the posting dates, which could result in significant changes. EDMONDS CrrY COUNCIL MINUTES Page 8 January 21, 1992 Councilmember Kasper expressed his concern over the $50 deposit for the signs. Councilmember Kasper said the applicant has no control over vandalism of signs, or if the sign is taken from the property. Councilmember Kasper said he doesn't feel the applicant should have to bear the $50 fee if something like that should happen. Councilmember Kasper also stated the $50 per sign is not the true cost of the sign. Mr. Chave said the cost of each sign is approximately $10 per sign, and the reason the Planning Boar( suggested a $50 deposit per sign, was they felt if the deposit was set too low, there would be no incentive tL return the signs to the City. Mr. Chave said the $50 deposit per sign would encourage the applicant to return the signs, therefore, the signs could be used again rather than having to continuously order more signs. Councilmember Nordquist also referenced the letter from the citizen, and noted it made mention of the pink notice sign. Councilmember Nordquist said it was his understanding the Community Services Committee had previously approved a new blue and white sign. Mr. Chave said the pink signs are used for public notices, and are placed in a clear plastic sleeve that is attached to the new blue and white signs. Councilmember Kasper asked Mr. Chave what would happen if the signs were not returned, and Mr. Chave said the signs are to be returned within seven days after the hearing. Mr. Chave further stated the notice contains a date telling the applicant when the notice can be removed. Mayor Hall opened the public portion of the meeting. Since no member of the public came forward, Mayor Hall closed the public portion of the meeting. Councilmember Nordquist expressed his concern of the proposed posting procedures. Councilmember Nordquist feels the applicant might not adequately post the area, thus, members of the community would not be aware of a public hearing. Councilmember Nordquist feels it is a staff obligation to post the property. Councilmember Dwyer asked if there was a provision in the proposal for Staff to check the correct placement of the notifications, and Mr. Chave replied Staff would inspect the signs to make sure proper notification was posted. Councilmember Nordquist said if Staff is going to be checking for proper signage of notifications, they might as well post the property themselves. Mr. Chave said it is time consuming for Staff to post the property. Mr. Chave said if the Council is not comfortable in adopting this proposal, he would suggest that Staff study the current language relating to this matter in the ECDC and come back with proposed fees reflecting the extra effort of Staff having to physically post the property as well as the cost of the sign. Councilmember Earling asked Mr. Chave if he was aware of any other cities who require the applicant to post notification, and Mr. Chave deferred the question to Jeff Wilson, Planning Supervisor. Mr. Wilson stated the jurisdiction he worked for prior to the City of Edmonds utilized this procedure where the burden of posting the site was placed on the applicant. Mr. Wilson said the signs were much larger and the deposit fee was $150. Mr. Wilson said that process was very successful and allowed more efficient use of Staff time, as posting does take considerable time. Mr. Wilson noted the City of Bellevue uses this procedure, however, it was noted the signs cost several thousand dollars as each sign is hand designed. Councilmember Dwyer stated he doesn't feel strongly the recommendation by the Planning Board is wrong, and feels the Planning Board took time to study this issue, and therefore, would defer to their recommendation. Council President Palmer acknowledged the time spent by the Planning Board, however, he feels they took a small portion of the code and turned it into a much larger portion, most of which is concerned about how the City will get their signs back. Council President Palmer stated the real goal was better notification to the public, and feels posting is a Staff responsibility in completing an application. Councilmember Palmer feels the best possible location for posting to allow public viewing might not be where the applicant would post. Council President Palmer feels the City is not in a position to police the signs 24 hours a day, and can see an applicant having to return to the City several times for additional signs because of signs disappearing, etc., and feels it could be a financial burden to the applicant. EDMONDS CFTY COUNCIL MINUTES Page 9 January21, 1992 Councilmember Kasper agreed with Council President Palmer, and said he has seen notification signs laying in the street many times. The City Clerk presented an actual Hearing Notice, which contained warning information regarding removal of the sign before the designated time. For the benefit of all parties present, Council President Palmer read the language of the warning. Discussion ensued on this matter, and it was the consensus of the Council that they were not comfortable with having the applicant responsible for posting notification. With regards to the warning language on the notification, Council President Palmer suggesting placing a dollar amount of the fine on the sign to help alleviate removal of signs before the specified date. Student Representative Brett Shirley expressed his opinion that a dollar amount relating to fine would not detour anyone from removing the sign, if that was their intention. Mr. Chave said the real question is does the Council want Staff to post or the applicant to post. COUNCILMEMBER KASPER MOVED TO PLACE THIS ITEM ON THE COMMUNITY SERVICES COMMITTEE FOR FURTHER REVIEW. MOTION FAILED FOR LACK OF SECOND. Councilmember Nordquist asked Councilmember Kasper what the purpose of the review would be, and Councilmember Kasper said the review would include the issue of posting procedures and penalty issues. Councilmember Nordquist agreed to second the motion, however it was noted the previous motion failed for lack of second, therefore, COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO PLACE THIS ITEM ON THE COMMUNITY SERVICES COMMITTEE FOR FURTHER REVIEW OF POSTING PROCEDURES AND PENALTY ISSUES. MOTION CARRIED with Councilmember Dwyer and Councilmember Earling voting against the motion. HEARING ON AMENDMENT TO EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 19.05.050 TO � I EXPAND AND CLARIFY BONDING AND INSURANCE REQUIREMENTS AND PROVIDING FOR AN EFFECTIVE 5 1 DATE. Planning Manager Rob Chave stated this has previously been presented to the Community Services Community, 1 and Mr. Chave said there existed a few redundancies in insurance and bonding requirements. Mr. Chave said this amendment would remove some of the redundancies, as well as providing applicants with options. Mr. Chave explained as it now stands, it is very difficult to obtain insurance that the ordinance currently requires. Councilmember Kasper asked City Attorney Scott Snyder how these problems began. Mr. Snyder said the City adopted provisions from the City of Seattle's provisions. Mr. Snyder said after the provisions were adopted, it was found the City of Seattle had not been getting the policies their regulations called for, however, the City of Edmonds was. Mr. Snyder said it was found out no one issues an insurance policy for 10 years, which is what the regulation provides for, and secondly with the exception of businesses, it is virtually impossible for anyone to get a personal liability policy. Councilmember Kasper said the City was looking for liability protection and asked how this amendment would provide for that. Mr. Snyder replied the City is better off having provisions that are enforceable, rather than policies that won't pay off when the time comes. Mr. Snyder said sometimes an agent will issue a policy based on information and unless they check the site to see what it is for, Mr. Snyder feels the City would have a difficult time collecting on some of the policies. Mr. Snyder proceeded to review the basic points for the benefit of the new Councilmembers. Mr. Snyder said the original concept has been that in land slide hazard area, the City requires the person who is asking for a building permit to hire a geo-technical engineer and a variety of experts. Mr. Snyder said then the City would review their work and those people are required to indemnify the City from the consequences of them building a house if the construction fails. Mr. Snyder said a past concern of the City was if somebody had their house go down a hillside, they might not be in the best position to follow through their indemnification process. Mr. Snyder said the City has never had any problems with bonding most contractors during construction. Mr. Snyder said the problems start when the owner moves in the house, the contractor leaves, that bond expires and that redundancy is addressed in the ordinance so there is no overlap. Mr. Snyder said Staff first tries to determine EDMONDS CITY COUNCIL MINUTES Page 10 January21, 1992 who is at risk, and what is the cost. Mr. Snyder said the City tries to differentiate the review process between a piece of property that if it fails, only the home owner is at risk, and those situations at worst case scenario, for example if the house is on a cliff over a grade school, the City is going to want some heavy indemnification. Mr. Snyder said as far as options are concerned, this amendment would provide more options to the home owner. The home owner would be asked for an insurance policy, and if not, can the home owner post a letter of credit, or if necessary, post cash. Mayor Hall opened up the hearing for public input. Hearing no input from the public, Mayor Hall closed the public portion of the hearing. Councilmember Dwyer stated as no member of the audience came forward, he gave tribute to the fine work that has been done regarding this issue. Councilmember Dwyer said if this discussion was held several years ago, the Council Chambers would be filled with citizens regarding the issue. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST FOR DISCUSSION, FOR APPROVAL OF THE ORDINANCE AMENDING ECDC 19.05.050 TO EXPAND AND CLARIFY BONDING AND INSURANCE REQUIREMENTS AND PROVIDING FOR AN EFFECTIVE DATE. Under discussion, Councilmember Nordquist asked City Attorney about the Summary of Ordinance included in the packet. Councilmember Nordquist noted the year states 1991, and inquired if that should read 1992, and Mr. Snyder replied affirmatively. It was also noted the Ordinance should be changed to reflect Laura Hall as Mayor. MOTION CARRIED. HEARING ON PLANNING BOARD RECOMMENDATION FOR AMENDMENTS TO EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 20.105.010(A) (4) TO CLARIFY SEPA APPEAL PROCEDURES (APPLICANT: �j CITY OF EDMONDS/FILE NO. CDC-7-91) Rob Chave, Planning Manager, said this amendment is to simply correct inconsistent language in the Ordinance. v Mr. Chave said the amendment would make any SEPA decision appealable, and noted at the present time, there o- is one section that does not allow that. Councilmember Kasper asked if this would be consistent with other cities, and Mr. Chave replied affirmatively. City Attorney Scott Snyder explained when the City adopted SEPA provisions five years ago, it didn't catch that there was an inconsistent appeal provision that related to the old state statute. Mayor Hall opened the hearing up the public, and since no member of the public came forward, Mayor Hall closed the public portion of the hearing. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL PRESIDENT PALMER, TO DIRECT THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCE FOR THE ADOPTION OF THE PROPOSED AMENDMENT TO THE ECDC SECTION 20.105.010 (A) (4) SEE EXHIBIT 1. MOTION CARRIED. , COUNCIL DISCUSSION AND SELECTION OF WATERFRONT CONSULTANT r' Peter Hahn, Community Services Director, stated after the Council selects a Consultant, the Council would then have to schedule some quality time in the near future with Mr. Chave to work on the scope of the study with the chosen consultant. The Council proceeded to discuss the three Consultants and Councilmembers expressed their views as to their preference. Councilmember Nordquist stated he was on the Consultant Selection Committee during 1991 with former Councilmember Hertrich and former Mayor Naughten, and was asked by former Councilmember Hertrich to convey his feelings in the decision -making process. Councilmember Nordquist said it was the opinion of Mr. Hertrich and himself that MAKERS is the strongest candidate for Consultant. Councilmember Kasper stated he has worked extensively in the ferry dock study with Mr. Isley and feels the firm of Hewitt-Isley is the strongest candidate due to the vast knowledge Mr. Isley has with regards to the waterfront, and is miles ahead of the other candidates. Councilmember Kasper feels if another firm is chosen, duplication of EDMONDS CITY COUNCIL MINUTES Page 11 January 21, 1992 work would take place. COUNCILMEMBER KASPER MOVED TO ACCEPT HEWITT-ISLEY AS THE CITY'S WATERFRONT CONSULTANT. MOTION FAILED FOR LACK OF SECOND. Councilmember Nordquist said Councilmember Kasper's comments were taken into account at previous Professional Consultant meetings, and it was the general feeling of several people for the very reason of Hewitt- Isley working with ferry officials so closely, that their mind would be set more toward them than it would the citizens of Edmonds. Councilmember Hall stated his opinion that Hewitt-Isley gave a foregone conclusion that the ferry dock was going to be moved, with no other options. Councilmember Hall felt TRA was more open minded, however, Councilmember Hall feels MAKERS gave the best presentation as having an open mind and trying to get the public involved in the process. Councilmember Kasper stated Mr. Isley's instructions were to study Union Oil by the Council united including the Mayor. Councilmember Earling asked Councilmember Nordquist for more insight as to why he and former Councilmember Hertrich thought MAKERS was the best choice. Councilmember Nordquist felt MAKERS had a better theory and better philosophy, and related more to the needs of the City than the other firms. Council President Palmer said he thought TRA had the better presentation, in light of an earlier presentation made by them at a Saturday session. Councilmember Palmer preferred their emphasis on economic analysis. Student Representative Brett Shirley agreed with Council President Palmer and expressed his favoritism towards TRA. COUNCIL PRESIDENT PALMER MOVED TO SELECT TRA AS THE CITY'S CONSULTANT ON THE WATERFRONT STUDY. MOTION FAILED FOR LACK OF SECOND. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO SELECT -MAKERS- AS THE CITY'S CONSULTANT ON THE WATERFRONT STUDY. Under discussion, Councilmember Kasper reiterated the Council's position that Union Oil is the future site for the ferry, and feels the City needs as much information as possible. Councilmember Kasper feels he can't see how the City can design a program until it has been set that the ferry is definitely going to move, as Hewitt-Isley has explained. MOTION CARRIED with Councilmember Kasper and Council President Palmer voting against the motion. MAYOR Mayor Hall reminded the Council that party caucuses are to be held on March 3rd which is a City Council meeting night, and asked the Council if they wished to hold the meeting on Monday, March 2nd. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO HOLD THE FIRST MEETING IN MARCH ON MARCH 2. MOTION CARRIED with Councilmember Kasper abstaining from voting, as he noted he would be out of town during that time. Mayor Hall noted there are vacancies on various Boards and Commissions and recommended the following ,p,��' individuals to fill those vacancies: f Planning Board: Ken Mattson, position 4, term expiration date of 12/31/95; Jerry Capretta, position 6, term expiration date of 12/31/92.. Arts Commission: Suzetta Glenn, position 1, term expiration date of 12/31/95; Lawrence Gorden, position 7, term expiration date of 12/31/94. Library Board: Mary Kaiser, position 3, term expiration date of 12/31/96. Mayor Hall suggested January 28 at 6:30 p.m., prior to the Council.Meeting be set aside for Council interviews of the Planning Board candidates and February 4 at 6:30 p.m., prior to the Council Meeting be set aside for Council interviews of the Arts Commission candidates and Library Board candidate. EDMONDS CITY COUNCIL MINUTES Page 12 January21, 1992 Councilmember Kasper stated his opinion that all Planning Board Candidates should be interviewed before a vote is taken. Council President Palmer inquired if the Planning Board had input into the selection process, as they have previously requested, and Mayor Hall replied affirmatively. Councilmember Dwyer asked if the Council can be notified as to the Planning Board's recommendation, anc Mayor Hall replied affirmatively. COUNCIL Council President Palmer addressed the issue of the Councilmember Vacancy created by the resignation by Councilmember Wilson. " Council President Palmer referenced his memorandum to the Council regarding the time table in filling the vacancy, as well as a memo from the City Clerk with regards to a notice that would be sent out if the time table was accepted. Council President Palmer also referenced a memorandum from the City Attorney on the process of filling vacancies. Council President Palmer suggested setting Tuesday, February 4 meeting as the official date to nominate and appoint a successor. Councilmember Dwyer said he preferred to have the selection process be lengthened by a week. Councilmember Dwyer feels this would allow a longer time period for people in the community to submit their letters of interest. Councilmember Dwyer also said he would like to restrict the number of occasions the Council will have on which to vote on a replacement. Mayor Hall said she has had at least two callers during the past few days who expressed interest in serving on the Planning Board, however, when they were informed of the vacancy on the Council, they decided to reconsider their interest in serving on the Planning Board. Council President Palmer asked Councilmember Dwyer if he would like the resumes to be due February 6 versus January 30, and Councilmember Dwyer replied affirmatively. Council President Palmer stated the interviews then could be held on Saturday, February 8th from 8:00 to 1:00 and then a final council vote would be held on Tuesday, February 11. It was the consensus of the Council to adopt this schedule. Council President Palmer asked if the Council was interested in interviewing every applicant, versus a selection, and Councilmember Dwyer said he feels every applicant who meets the lawful requirements should be afforded an interview. Councilmember Hall inquired on the length of the interviews, and it was decided each applicant would be afforded no more than 30 minutes and no less than 10 minutes. Council President Palmer noted if the number of applicants exceed the allotted time, Sunday February 9 could be utilized. Councilmember Kasper said it was his hope that the appointed Councilmember would be able to attend the Council Retreat on February 14 and 15. Councilmember Dwyer said the interviews are open to the members of the public, and inquired if the Council has the ability to exclude applicants from attending other applicants interviews. City Attorney Scott Snyder said the Council could request that from the applicants. Council President Palmer also distributed a questionnaire that would be given to all applicants. Council President Palmer noted the questionnaire has been used for previous Council appointments, however, Councilmember Nordquist and himself slightly revised the form. Council President Palmer recommended that the questionnaire be returned along with their resume on the due date, and the City Clerk should make a note of the questionnaire on the Notice so candidates are aware of the questionnaire. Councilmember Nordquist stated the questionnaire is directly lifted from previous experiences and would give something for the Council to refer to during the interview. EDMONDS CITY COUNCIL MINUTES Page 13 January21, 1992 COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO SET FEBRUARY 11, 1992, AS THE DATE TO NOMINATE AND APPOINT A SUCCESSOR FROM THOSE PERSONS WHO HAVE SUBMITTED RESUMES OR WHO HAD RESUMES SUBMITTED ON THEIR BEHALF ALONG WITH THE GUIDELINES OUTLINED BY THE COUNCIL THIS EVENING. MOTION CARRIED. As a procedural matter, COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER EARLING, TO EXTEND THE MEETING UNTIL 10:15 P.M. MOTION CARRIED. With regards to Retreat Topics, Council President Palmer noted Councilmember Nordquist has submitted his J, topics. Council President Palmer informed the Council he and the Council Assistant will be working on an agenda for the various subjects, and proceeded to name the proposed topics. Council President Palmer suggested deferring the Adult Entertainment Hearing from March 2, 1992 to March 17, 1992 in light of the party caucuses. No opposition was noted from the Council. �J Council President Palmer noted the Council Assistant's contract will expire this month and noted he would �t� .)forward a recommendation to the Council regarding this issue. 9 } Council President Palmer referenced the voice mail system, and said the Council should think about what U options they may want in this area, as far as individual voice mail boxes in the Council Office. �-�%' Councilmember Nordquist referenced the article in the Herald dated January 21, 1992, with regards to the 1� raising of business license fees in the City of Mukilteo, and distributed the article to the Council. J Councilmember Nordquist also stated he was a member of the Finance Committee in 1991, and commented on 911, the minutes of that Committee for their first meeting of 1992. Councilmember Nordquist noted the discussion of business licensing for the City has been dropped from future discussion. Councilmember Nordquist said he had done significant work on this subject and unfortunately was not able to complete the subject material before 1992. Councilmember Nordquist noted this was in reference to collecting business license fees for outside contractors who come into the City of Edmonds. Councilmember Nordquist stated the City Clerk advised the Committee that it would not be possible to do this, and feels he should have been contacted by the City Clerk as to his comments on this subject. Councilmember Nordquist asked the Committee to continue that discussion until all of the material is in, as it is another source of revenue for the City. Councilmember Nordquist feels the decision by City Clerk was abrupt and more could be heard on the subject, as many other cities already collect fees for outside contractors. Councilmember Nordquist said he would be providing additional information to the Finance Committee. yvp Councilmember Hall addressed the Picnic Point Annexation. Councilmember Hall said he discussed this with Cw the Boundary Review Board, and they told him Lynnwood has filed for annexation of the Area B section of the Norma Beach property on January 14, 1992. Councilmember Hall believes if the City wants to show interest in �Lbt the area, now is the time. Councilmember Hall believes the City should ask the Boundary Review to hold an open hearing on this subject. Council President Palmer asked for input from City Attorney Scott Snyder. Mr. Snyder said basically the City would be asking for a public hearing on the matter. Council President inquired if all the Boundary Review Boards were public hearings, and Councilmember Hall said he talked with Bonnie Collins with the Boundary Review Board and she stated unless some entity petitions for a public hearing, there would not necessarily be a public hearing, as it would be a Boundary Review Board decision by way of vote. Councilmember Kasper asked on the process of the timing of the hearing, and Councilmember Hall said his information states Lynnwood has stipulated a September 15 election date. Discussion continued on this matter, and Council President Palmer suggested the Council hear again from Ms. Jennings in the audience concerning this matter. As a procedural matter, COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER HALL TO EXTEND THE MEETING. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 14 January21, 1992 COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER HALL, TO SUSPEND THE RULES TO ALLOW ADDITIONAL PUBLIC TESTIMONY. MOTION CARRIED. Gerry Jennings, 15205 63rd Ave. W., Edmonds stated she is only asking the City of Edmonds to request before the Boundary Review Board, a public hearing. Ms. Jennings said the first date possible for that would be May 12th. Ms. Jennings said when the annexation and petition has been filed, there can be no other petition for annexation until after that election, so all the City has to do is to petition for a public hearing which serves two purposes; opens to public hearing, and it also shows interest to the people in Area B that Edmonds is interested in further study. Ms. Jennings said the City can show an interest and at the Boundary Review Board public hearing, what she is asking the City to do is request that Lynnwood be cut off at 99 because the people in Area B do not want Lynnwood. Mayor Hall asked for further public input, and hearing none, Mayor Hall closed the public portion of the meeting. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCIL PRESIDENT PALMER FOR DISCUSSION, THAT THE EDMONDS CITY COUNCIL REQUEST THE BOUNDARY REVIEW BOARD TO HOLD AN OPEN HEARING ON MAY 12, 1992 TO SHOW THE CITY'S INTEREST AND TO ALLOW PUBLIC TESTIMONY. Under discussion, Councilmember Dwyer said the later the election, the better, however, given the diligence and the good faith of the people, he would vote in favor of the motion. City Attorney Scott Snyder recommended placing this motion, if passed, in the form of a formal resolution. Mr. Snyder said the resolution would simply be a formal written resolution to transmit to the Boundary Review. City Attorney clarified if the motion was passed this evening, he would confirm it with a Resolution which would appear on the January 28 Consent Agenda for approval. COUNCILMEMBER HALL MOVED TO AMEND HIS MOTION TO INCLUDE MR. SNYDER'S RECOMMENDATION. THE SECONDER AGREED. MOTION CARRIED UNANIMOUSLY. Councilmember Nordquist referenced Mr. Shannon's earlier request for a $250 donation regarding the boxing championship, and after Council discussion, COUNCILMEMBER NORDQUIST MOVED, SECONDED BY 4" COUNCILMEMBER DWYER FOR DISCUSSION, TO CONTRIBUTE $250 FROM THE PROMOTIONAL FUND TO r+' THE REGION XII USA BOXING ELIMINATIONS FOR THE OLYMPICS TO BE HELD ON FEBRUARY 8 AND FEBRUARY 9. Councilmember Dwyer stated his voting for this motion is inconsistent with his general provision that 'nothing has changed since we have passed the budget; however, Councilmember Dwyer feels it is a contingency, and something the City didn't see coming, and is a generally a good idea. Council President Palmer noted the characteristical exception to this donation is not only the relationship with the City's existing Fire Chief and his participation in the event in Barcelona and his representing Edmonds, but also the representation of the citizens of this Country. MOTION CARRIED UNANIMOUSLY. Brett Shirley discussed the problems associated with the north gate at Edmonds-Woodway High school. Councilmember Dwyer said he believes the Council is on record as having made a promise to do anything the neighborhood involved agrees to. Mr. Shirley feels the problems lie with the faculty of Edmonds-Woodway High School. With no further business, Mayor Hall adjourned the meeting at 10:35 p.m. THESE MINUTES ARE SUBJECT TO JANUARY 28, 1992. THE OFFICIAL COPY OF THESE MINUTES ARE IN THE CITY CLERK'S OFFICE. a �arc, i ty er auras a o EDMONDS CITY COUNCIL MINUTES Page 15 January21, 1992 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 -10:00 p.m. JANUARY 21, 1992 6:45 P.M. - INTERVIEW FOR WATERFRONT CONSULTANT SELECTION (15 MINUTES) CALL TO ORDER-7:10P.M. FLAG SALUTE 1. CONSENTAGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF JANUARY 14,1992 (C) AUTHORIZATION FOR CANCELLATION OF OUTSTANDING UNCOLLECTIBLE ACCOUNTS RECEIVABLE FOR 1998 AND 1990 (D) AUTHORIZATION TO LEASE SEVEN (7) POLICE PATROL CARS FROM FINANCIAL CONSULTANTS INTL ($97,776) (E) AUTHORIZATION TO CALL FOR BIDS FOR LIBRARY BOOK DROP (F) PROPOSED RESOLUTION 735 APPOINTING JOHN NORDQUISTAND MICHAEL W. HALL TO SNOHOMISH HEALTH DISTRICT BOARD (G) PROPOSED RESOLUTION 736 APPOINTING DAVE EARLING AS REPRESENTATIVE AND MICHAEL W. HALL, ALTERNATE, TO SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION BOARD (H) APPROVAL OF INTERLOCAL AGREEMENT FOR SOUTH SNOHOMISH COUNTY NARCOTICS TASK FORCE (� APPROVAL OF INTERLOCAL AGREEMENT FOR THE SNOHOMISH COUNTY REGIONAL NARCOTICS TASK FORCE FOR PERIOD OF JULY 1,1991 THROUGH JUNE 30,1992 ($6,274) (J) PROPOSED ORDINANCE 2863 FOR EMPLOYEE CONFIRMATION AND APPOINTMENTS (K) PROPOSED ORDINANCE 2864 PROVIDING FOR 1992 PERMIT FEES ADJUSTMENTS AND PROPOSED 2865 PROVIDING FOR 100% RECOVERY OF MEADOWDALE PERMIT REVIEW FEES (L) ACKNOWLEDGE THAT TERMS OF THE CONTRACT REGARDING MATCHING FUNDS WITH PATHWAYS FOR WOMEN HAVE BEEN FULFILLED (M) APPROVAL OF WARRANTS, PETTY CASH, AND CREDIT CARD EXPENDITURES FOR MONTH OF DECEMBER (N) APPROPRIATION OF FUNDS FOR PUBLIC WORKS MAINTENANCE MANAGEMENT SOFTWARE ($2,646) 2. AUDIENCE 3 SECOND HEARING REGARDING PROPOSED ZONING FOR AREA LOCATED AT NORTHWEST CORNER OF 220TH STREET S.W. AND 92ND AVENUE WEST, AND ADOPTION OF PROPOSED ORDINANCE 2868 APPROVING ANNEXATION AND ESTABLISHING ZONING (KAY JOHNSTON / FILE NO. AX-2-90) (15 MINUTES) 4. SECOND HEARING REGARDING PROPOSED ZONING FOR AREA LOCATED EAST OF 92ND AVE. W. BETWEEN 218TH STREET S.W. AND 220TH STREET S.W., AND ADOPTION PROPOSED ORDINANCE 2867 APPROVING ANNEXATION AND ESTABLISHING ZONING (CARL ASKLUND / FILE NO. AX-1-91) (15 MINUTES) S. HEARING ON PLANNING BOARD RECOMMENDATION FOR AMENDMENTS TO EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 15.10.000.1' (COMPREHENSIVE PLAN - ELEMENTS: BICYCLE PATHS AND TRAILS PLAN) TO INCLUDE A WALKWAY BETWEEN HINDLEY LANE AND BROOKMERE DRIVE (APPLICANT- CITY OF EDMONDS / FILE NO. CDC-9-91) (45 MINUTES) 6. HEARING ON PLANNING BOARD RECOMMENDATION FOR AMENDMENTS TO EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 20.90.010.B.1.8 TO CLARIFY AND ENHANCE PUBLIC NOTICE PROCEDURES (APPLICANT: CITY OF EDMONDS/FILE NO. CDC-5-91) (15 MINUTES) 7. HEARING ON AMENDMENT TO EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 19.05.050 TO EXPAND AND CLARIFY BONDING AND INSURANCE REQUIREMENTS AND PROVIDING FOR AN EFFECTIVE DATE (15 MINUTES) 8. HEARING ON PLANNING BOARD RECOMMENDATION FOR AMENDMENTS TO EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 20.105.010(A) (4) TO CLARIFY SEPA APPEAL PROCEDURES (APPLICANT: CITY OF EMDONDS / FILE NO. CDC-7-91) (15 MINUTES) 9. COUNCIL DISCUSSION AND SELECTION OF WATERFRONT CONSULTANT (5 MINUTES) 10. MAYOR 11. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE