Loading...
03/17/1992 City CouncilTHESE MINUTES SUBJECT TO MARCH 24 APPROVAL EDMONDS CITY COUNCIL MINUTES March 17, 1992 The meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Laura M. Hall at the Library Plaza Room, 650 Main Street. All present joined in the flag salute. PRESENT Laura M. Hall, Mayor Jeff Palmer, Council President Steve Dwyer, Councilmember Dave Earling, Councilmember Michael W. Hall, Councilmember Bill Kasper, Councilmember John Nordquist, Councilmember Tom Petruzzi, Councilmember Brett Shirley, Student Representative STAFF Art Housler, Admin. Serv. Dir. Peter Hahn, Comm. Serv. Dir. Rob Chave, Planning Manager Bob Alberts, City Engineer Arvilla Ohlde, Parks & Recreation Mgr. Buzz Buzalsky, Fire Chief Dan Prinz, Police Chief Mike Springer, Asst. Fire Chief Bill Angel, Fire Captain Christine Sidwell, Arts Coordinator Noel Miller, P.W. Supt. Dick Mumma, Building Official Rhonda March, City Clerk Scott Snyder, City Attorney Barb Mehlert, Recorder Mayor Hall called for an Executive Session after Item three regarding a property matter, a legal matter, and a personnel matter. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL PRESIDENT PALMER, TO ADD THE EXECUTIVE SESSION FOLLOWING ITEM THREE ON THE AGENDA. MOTION CARRIED. CONSENT AGENDA Items (C), (F), (I), (K), and (Q) were removed from the Consent Agenda. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL PRESIDENT PALMER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. THE APPROVED ITEMS ARE AS FOLLOWS: (D) ROLL CALL APPROVAL OF MINUTES OF MARCH 2, 1992 AND COUNCIL RETREAT MINUTES OF FEBRUARY 14 AND 15,1992 ACKNOWLEDGEMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM LAURA BOOTH ($214.81), PEGGY A. DECARLO (APPROX. $150.00), AND JANET M. MORTON ($121.50). (E) APPROVAL OF RESOLUTION #740 COMMENDING BRETT SHIRLEY, STUDENT REPRESENTATIVE (G) REPORT ON BIDS OPENED MARCH 2, 1992, FOR A 318 JOHN DEERE LAWN AND GARDEN TRACTOR OR EQUIVALENT AND AWARD TO AUBURN LAWN AND GARDEN ($5,107.04 INCL. WSST) (H) REPORT ON BIDS OPENED MARCH 2, 1992, FOR A FORD TRACTOR LOADER, MODEL 7410 OR EQUIVALENT AND AWARD TO BRIM TRACTOR ($5,220.75 INCL. WSST) (J) APPROVAL OF FINDINGS OF FACT ON DENIAL OF THE APPLICATION OF DR. SUCHERT TO l REZONE APPROXIMATELY 5.26 ACRES LOCATED ON THE SOUTHWEST SIDE OF MAIN STREET, WEST OF FIVE CORNERS INTERSECTION, FROM RS-8 TO RM-2.4 TO ALLOW 86 MULTIPLE -FAMILY UNITS (FILE NOS. R-6-88 AND CDC 5-88) (FROM FEBRUARY 18, 1992) l (L) PASSAGE OF ORDINANCE 2872 ADOPTING PLANNING BOARD RECOMMENDATION REGARDING A STAFF INITIATED REZONE OF PROPERTY LOCATED AT 19017, 19023 AND 19031 83RD AVENUE WEST FROM PUBLIC USE TO RS-12 TO CORRECT AN ERROR ON THE ZONING MAP (APPLICANT: CITY OF EDMONDS/FILE NO. R-2-91) (FROM MARCH 2,1992) (M) ACCEPTANCE OF PEDESTRIAN AND UTILITY EASEMENT FROM PHYLLIS H. WIGGINS, 16012 74TH PLACE W. FOR PROPOSED CONSTRUCTION OF NORTH MEADOWDALE ROAD WALKWAY (N) AUTHORIZATION FOR MAYOR TO EXECUTE AGREEMENT WITH MOUNTLAKE TERRACE ' FOR LAKE BALLINGER MONITORING AND REHABILITATION ($19,292) (0) APPROVAL OF RESOLUTION OF INTENTION 268 SETTING APRIL 7, 1992, AS THE PRELIMINARY ASSESSMENT ROLL HEARING FOR PROPOSED LOCAL IMPROVEMENT DISTRICT FOR CONSTRUCTION OF SANITARY SEWERS AND IMPROVEMENT OF WATER MAINS IN THE VICINITY OF 218TH ST. S.W. AND 92ND W. Q o� {P) FINAL ACCEPTANCE OF WORK BY CONCEPTION COMMUNICATIONS, INC. AND INTRA- COMMUNICATIONS NETWORK FOR THE TELECOMMUNICATIONS AND WIRING CONTRACT, f� AND SET 30-DAY RETAINAGE PERIOD. QN "(R) PASSAGE OF ORDINANCE 2873 AMENDING THE CITY CODE FOR APPROVING PAYMENT OF ' CLAIMS, DEMANDS AND VOUCHERS (S) AUTHORIZATION TO CALL FOR BIDS TO PURCHASE ONE LASER LEVELER FOR PUBLIC WORKS CONSTRUCTION PROJECTS ($8,000) Councilmember Dwyer arrived at 7:04 p.m. APPROVE CLAIMS WARRANTS FROM #920737 TO #921355, FOR THE WEEKS OF MARCH 2. AND MARCH 9, 1992 AND PAYROLL WARRANTS FROM #920821 TO #921106. (Item (C) on the Consent Agenda) Councilmember Petruzzi asked Administrative Services Director Art Housler to clarify entries on Page 37 of the Warrants Register. Mr. Housler explained the entries were made to correct a previously entered incorrect BARS Number. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE ITEM (C) ON THE CONSENT AGENDA. MOTION CARRIED. IN AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT WITH LYNNWOOD FOR PUBLIC ART AT MEADOWDALE PLAYFIELD ($15,000) AND APPOINTMENT OF COUNCILMEMBER MICHAEL W. HALL AS CITY REPRESENTATIVE (Item (F) on Consent Agenda) Councilmember Petruzzi inquired on the amount budgeted for the acquisition of art. Arvilla Ohlde, Parks and Recreation Manager, said the Arts Commission has $40,000 to be used for public arts projects. Ms. Ohlde said the Arts Commission is asking permission to use $15,000 of the $40,000 at the present time to proceed with the purchase of public art to be displayed at Meadowdale Playfield. Councilmember Dwyer asked where the idea first came from for the venture and inquired on site selection at the playfield and asked how much discretion would the City be giving the Artist. Councilmember Dwyer also inquired on future maintenance of the public art. Ms. Ohlde said the idea came from the City of Lynnwood, but in cooperation with the City of Edmonds. Ms. Ohlde said the public art would be a very low maintenance item. EDMONDS CITY COUNCIL MINUTES Page 2 March 17, 1992 Josephine Fye, Edmonds Arts Commission Chair, said there are two specific locations at the playfield which the Arts Commission prefers. Ms. Fye said the Arts Commission will be working with the Artist on this issue. Ms. Fye said the selection committee has the final decision on where the art work would be placed. Councilmember Dwyer noted page 1 of the Prospectus explains this differently. Ms. Fye said the Prospectus is only a guide. Councilmember Kasper said he was not aware the Arts Commission had plans to purchase a major piece of art in 1992. Ms. Fye said it was not planned, however, the opportunity presented itself, and the Arts Commission felt it was a good opportunity. Councilmember Kasper inquired why the School District and Snohomish County were not participating. It was noted Snohomish County was not able to participate due to the way their ordinance is structured to site -specific, and the School District is financially unable to participate. Councilmember Kasper said he is concerned because of the recent budget crunch, and now the City is spending a large amount of money on public art. Councilmember Kasper was concerned the Finance Committee was not made aware of the purchase. Ms. Fye apologized for not bringing this to the attention of the Council earlier. Council President Palmer said the Meadowdale Playfield is used extensively by Edmonds' residents and the constant focus on the bowl for art work and other attractions for the City is being broadened. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO APPROVE ITEM (F) ON THE CONSENT AGENDA. Under discussion, Councilmember Dwyer said his vote in favor of this is based on the City's assurance there would be no siting that would interfere with the uses of the field and if maintenance or a buy out is necessary in future years, the funds would not come from Parks and Recreation funds, rather from Arts Commission funds. MOTION CARRIED with Councilmember Kasper voting no. REPORT ON BIDS OPENED MARCH 2 1992 FOR A CHEMICAL CONTAINMENT UNIT FOR HAZARDOUS MATERIALS AND AWARD TO PUGET SOUND SEED COMPANY ($16,935.46 INCL. WSST) (Item (1) on the Consent Agenda) Councilmember Petruzzi inquired on the funding source for this item. Arvilla Ohlde, Parks and Recreation Manager replied Fund 125. Council President Palmer inquired if Fund 125 was the Parks Acquisition and Improvement Fund. Ms. Ohlde replied affirmatively. Council President Palmer asked if this was the appropriate fund, as it seemed to him that it was more of a maintenance fund item. Councilmember Kasper felt the money should not come out of Fund 125. Councilmember Nordquist asked Mr. Housler if this expenditure from Fund 125 would be considered a correct use of funds by the State Auditor's requirements, and Mr. Housler replied affirmatively. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE Item (I). MOTION CARRIED with Councilmember Kasper voting no. PROPOSED INTERIM CRITICAL AREAS ORDINANCE 2874 (FROM MARCH 2, t992) Item (K) on the Consent enda Councilmember Hall said he is opposed to the passage of the ordinance. Council President Palmer said the Council may want to include a "sunset clause" into the proposed ordinance so all parties working underneath the ordinance will know exactly how long the rules will exist and when they will be re- examined. City Attorney Scott Snyder said he would bring a separate ordinance to the Council at the March 23 meeting addressing the Sunset Clause and vesting provisions. EDMONDS CITY COUNCIL MINUTES Page 3 March 17, 1992 COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO DIRECT THE CITY ATTORNEY TO PREPARE A SUNSET CLAUSE AND VESTING PROVISION DESIGNATING JULY 1, 1994 AS THE SUNSET DATE TO BE ATTACHED TO ORDINANCE 2874. MOTION CARRIED with Councilmember Kasper and Councilmember Hall voting no. COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE ITEM (K) ON THE CONSENT AGENDA. Motion carried with Councilmember Hall and Councilmember Kasper voting no. ACCEPTANCE OF ANONYMOUS GIFT OF $20,000 FOR FUNDING OF FLOWERS BASKETS PROGRAM FOR 1992 (Item (0) on the Consent Agenda) Councilmember Nordquist expressed his appreciation for the donation, however it is his belief that when a budgeting process is entered and certain stipulations have been made to the budget, the City should try to work it out within the parameters. Councilmember Nordquist feels the City might have been able to pay for the flower basket program, thus the gracious donation might not have been necessary. Councilmember Kasper noted the flower basket program is escalating more each year and said at some point more volunteers would be needed to keep up with the program. Councilmember Dwyer noted the success of the recent EMS levy and said the City's financial picture has changed for the better because of the passage. Councilmember Dwyer wanted to make sure the donor still wanted to make the donation in light of this. Mayor Hall noted the donor wanted to bestow the gift to the City regardless. The Council expressed their appreciation for the gift. Council President Palmer noted there was not a single member on the Council who wanted to see the flower basket program cut. Council President Palmer said it was strictly a budgetary consideration that ended up being offered by Staff and former Mayor. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO ACCEPT ITEM (Q) ON THE CONSENT AGENDA. MOTION CARRIED. AUDIENCE PORTION Mayor Hall asked if any member of the public wished to speak. As no member came forward, Mayor Hall closed the audience portion of the meeting. PRESENTATION OF RESOLUTION OF COMMENDATION #740 TO BRETT SHIRLEY, FOR HIS CONTRIBUTIONS AS STUDENT REPRESENTATIVE. Council President Palmer read Resolution #740 commending Student Representative Brett Shirley for his contributions as Student Representative. The Mayor and Council recessed to an Executive Session at 7:55 p.m., and reconvened at 8:45 p.m. AID CAR BID REVIEW Staff Report and Recommendation Buzz Buzalsky, Fire Chief, said on October 29, 1991, the Council approved authorization to solicit bids for a new aid car to replace the used air car purchased in 1984. Mr. Buzalsky said the aid car is two years past the recommended five-year life span for this type of emergency response vehicle. Mike Springer, Assistant Fire Chief, provided the. Council with a history of the aid car in question and said it desperately needs replacing. EDMONDS CITY COUNCIL MINUTES Page 4 March 17, 1992 Bill Angel, Captain in the Fire Department, said the subject aid car needs extensive repairs, both mechanically and cosmetically. Chief Buzalsky noted three bids were received by the City. Chief Buzalsky said the low bid by McPhersen Supply Company does not meet the specifications of the City. Chief Buzalsky suggested the Council accept the second lowest bid from Hughes Fire Equipment. Chief Buzalsky recommended $2,500 be approved to purchase a new mobile radio for the unit. Chief Buzalsky recommended the purchases be funded from the Fire/Aid Vehicle Fund ($50,000) with the remainder provided from the Council Contingency Fund ($30,250). Chief Buzalsky said the Contingency Fund would be reimbursed after the monies are recouped from the EMS Levy budget in 1993. Chief Buzalsky said there were other options available rather than borrowing from the Council Contingency Fund. Chief Buzalsky noted the $30,250 would not be needed until approximately July, 1992. Council Discussion and Deliberation COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO REJECT THE LOW BID FROM MCPHERSEN SUPPLY COMPANY AS IT DOES NOT MEET THE SPECIFICATIONS SET FORTH BY THE CITY AND AWARD THE BID TO THE SECOND LOWEST BIDDER, HUGHES FIRE EQUIPMENT, IN THE AMOUNT OF $71,860.00 PLUS TAX. MOTION CARRIED. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO REFER THE FUNDING OF THE $30,000 TO THE FINANCE COMMITTEE WITH THE FINANCE COMMITTEE TO COME FORTH WITH THEIR RECOMMENDATION WITHIN 30 DAYS. Councilmember Kasper inquired on the radio purchase. Councilmember Kasper said it is City policy to go out to bid for this purchase as it is a $2,500 purchase. Council President Palmer concurred. It was noted by Assistant Fire Chief Springer that the State Contract was utilized in this case. It was the consensus of the Council that the Fire Department go out to bid for the radio per the City's policy. In light of this information, COUNCILMEMBER NORDQUIST WITHDREW HIS MOTION. THE SECONDER AGREED. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER DWYER, TO TAKE $30,250.00 OR LESS OUT OF THE COUNCIL CONTINGENCY FUND WITH THE STIPULATION THE MONEY BE REFUNDED TO THE COUNCIL CONTINGENCY FUND BY DECEMBER 31, 1993. MOTION CARRIED. Councilmember Kasper inquired on the disposition of the current aid car. Assistant Fire Chief Springer said the aid car would be put up for bid. PRESENTATION BY MARY HUGHES OF YEASTING & HUGHES, AND FIRST PUBLIC HEARING ON RECOMMENDED WATER RATE INCREASE. ,lv Consultant Report and Recommendation Mary Hughes, Water Rate Consultant, provided her report and analysis to the Council regarding a proposed water rate increase for the City of Edmonds. Ms. Hughes said the City of Edmonds is unique in the fact that they haven't increased water rates for nine years, however, the average cost of water purchased from suppliers has increased nearly 60% in the last seven years alone. Ms. Hughes said the City needs to increase water rates by 50% over the next three years to meet increasing operating costs, to keep the water utility in good operating condition, to fund capital projects, and to pay revenue bond debt service. Ms. Hughes recommended the increases be staged over the next three years with an increase for 1992 as soon as possible of 35%; an additional 10% in 1993; and the remaining 5% in 1994. Ms. Hughes said with no rate increase, operating costs would exceed operating revenues in 1993 by approximately $45,000 with no excess available to fund capital or renewal costs, or pay debt service on outstanding bonds. Ms. Hughes said the proposed increase is not out of line compared to other municipalities. EDMONDS CITY COUNCIL MINUTES Page 5 March 17, 1992 Councilmembers were concerned over the recommendation for an initial increase of 35%. Councilmember Petruzzi requested the Water Consultant study another formula such as a 25% initial increase versus 35%. Audience Participation Bjorn Thuesen, 322 Main Street, reminded the Council of the public reaction to the last increase in water rates several years ago. With no other member of the audience wishing to come forward on this subject, Mayor Hall closed the audience portion of the hearing. Council Discussion and Deliberation Councilmember Dwyer stated the City has gone a long period of time without an increase in rates partially because of the dramatic increase in sewer rates due to the construction of the sewer treatment plant. Councilmember Dwyer said there was no desire from the City to increase both water and sewer rates at the same time. No action was taken on this item. The Council noted another public hearing was scheduled for Tuesday, March 31, in order to receive additional public input. ,Br HEARING ON PLANNING BOARD RECOMMENDATION FOR AMENDMENT TO EDMONDS COMMUNITY d DEVELOPMENT CODE CHAPTERS 16.65 - OPEN SPACE, AND 16.80 - PUBLIC USE (APPLICANT: CITY OF EDMONDSIFILE NO. CC-3-91) (CONTINUED FROM MARCH 2, 1992. Staff Report and Recommendation Q Rob Chave, Planning Manager, referred to the information contained in the Agenda Memo. The Agenda Memo stated the proposed amendments to the "Open Space" Chapter, are intended to clarify the purpose, applicability and procedural aspects contained in the Chapter. The creation of a new Chapter; Chapter 16.60 - "Public Use", is intended to address the need for specific development regulations for property zoned "Public Use". Audience Portion Roger Hertrich, 1020 Puget Drive, referenced a setback measurement of 10 feet which is listed under the Public Use section. Mr. Hertrich said it has been City policy to require at least a 15 feet setback from residential -zoned properties. As no other member of the audience came forward, Mayor Hall closed the audience portion of the hearing. Council Discussion and Deliberation Councilmember Dwyer agreed that the 10 feet setback should be changed to 15 feet setback if it abuts a residential zone. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO CHANGE SECTION 16.80.030, PARAGRAPH ONE, BY INSERTING "15 FEET" BETWEEN THE WORDS "AND" AND "FROM" ON LINE TWO SO THE CLAUSE WILL READ: "... AND 15 FEET FROM ADJACENT RESIDENTIALLY ZONED PROPERTIES...." MOTION CARRIED. Councilmember Dwyer addressed paragraph 2 of Section 16.80.030 which describes adjusting setbacks for structures that go above 25 feet up to 60 feet. Councilmember Dwyer compared a hypothetical building of 60 feet high which would be intrusive, versus a flag pole 45 feet high which would not be intrusive. It was the consensus of the Council to leave this paragraph unchanged at the time being. EDMONDS CITY COUNCIL MINUTES Page 6 March 17, 1992 CONTINUED COUNCIL DELIBERATION ON PROPOSED ORDINANCE FOR 1992 FEE ADJUSTMENTS (CONTINUED FROM FEBRUARY 4, 1992 AND MARCH 2, 1992) 41 Staff Report and Recommendation AV Rob Chave, Planning Manager, provided information on staff time and costs associated with each type of building permit. Mr. Chave said the figures are estimates and reflect a "general idea" of how much time is spent on each type of permit. Councilmember Dwyer referenced a letter from a local businessman who indicates Single -Family permit fees are "carrying" the department. Councilmember Dwyer asked Mr. Chave if he disagreed with this statement, and Mr. Chave said there are many permits associated with a Single -Family permit such as grading permits, electrical permits, etc. Dick Mumma, Building Official, said Single -Family Typical permits are not carrying a disproportionate part. Councilmember Petruzzi asked Mayor Hall if she has had an opportunity to thoroughly review the materials presented by the Planning Department. Mayor Hall replied negatively, however, Mayor Hall said she is on record in 1986 as being in favor of recouping all administrative costs, thus a 30% increase. As a procedural matter, COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER TO EXTEND THE MEETING. MOTION CARRIED. Councilmember Petruzzi said Council President Palmer had previously stated at the February 4, 1992 Council Meeting that the Council may want to consider leaving surplus funds with the department to reduce fees the following years, versus the present method of placing fees into the General Fund. Councilmember Petruzzi said he would like this included in any motion that is made this evening. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER PALMER, TO ALLOW INTERESTED PARTIES OF THE AUDIENCE TO COME FORWARD TO SPEAK ON THE ISSUE. MOTION CARRIED. Audience Participation Eric Thuesen, 17926 Talbot Road, does not agree with 100% recovery. Mr. Thuesen said the building fees charged for Single -Family development does not represent the largest portion of business the City of Edmonds is presently doing. Mr. Thuesen said the City of Edmonds is doing more business in the area of additions and remodeling. Mr. Thuesen feels the fees should be readjusted to reflect where the City is doing the most business. Tom Belt, 917 9th Ave. South, said the Single -Family permits are more than carrying their fair share of the costs in the Building Department. Mr. Belt said there are many permit fees involved in a single-family development which increases the costs of homes in Edmonds. Mark McNaughton, 1047 Spruce Street, said the City is continuing to see larger number of inexpensive permits being issued such as remodels, etc. Mr. McNaughton said the City is going to have to address this issue and make everybody pay their fair share. Mr. McNaughton said builders are charged twice for plan check fees. Mayor Hall said she will be reviewing the plan check fee issue with Staff in the near future. Mayor Hall closed the audience portion of the hearing. Council Discussion and Deliberation After further Council discussion, COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER HALL TO 1) RAISE THE FEES EFFECTIVE APRIL 1 BY 20%; 2) INSTRUCT THE BUILDING OFFICIAL TO ADDRESS THE SHIFTING OF THE COSTS IN ALL CATEGORIES AND EDMONDS CITY COUNCIL MINUTES Page 7 March 17, 1992 REPORT BACK TO THE COUNCIL BEFORE APRIL 1ST, AND 3) ANY SURPLUS FUNDS WITHIN THE DEPARTMENT BE LEFT IN THAT DEPARTMENT TO REDUCE FEES FOR THE FOLLOWING YEAR. Under discussion, City Attorney Scott noted he has drafted a Resolution of Intent for the Council at their request in a previous meeting on this subject. Councilmember Palmer said he is concerned that the categories that are already too high would be even higher when the 20% came into effect April 1 and asked Staff to address this issue. As a motion was on the floor, COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCIL PRESIDENT PALMER TO SUSPEND THE RULES TO ALLOW STAFF PARTICIPATION. Peter Hahn, Community Services Director, said revenues would be raised by 20%, not each fee. Councilmember Dwyer said he would vote against the motion as he doesn't agree with 100% recoupment. MOTION CARRIED with Councilmember Dwyer voting no. CONTINUED COUNCIL DISCUSSION ON PAINE FIELD EXPANSION AND PROPOSED RESOLUTION #741 OPPOSING THE PENDING RECOMMENDATION OF THE PUGET SOUND AIR TRANSPORTATION or COMMITTEE TO CONVERT PAINE FIELD INTO A COMMERCIAL ROLE AND THE DEVIATION FROM THE 1978-1979 MEDIATED ROLE (CONTINUED FROM FEBRUARY 11, 1992). Council President Palmer and Mayor Hall said the following people have expressed their opposition to the proposed Paine Field Expansion through letters and phone calls to the City: Cheryl Hague, B. Roth, Doris Garberson, Linda and Chuck Mackie, Ellen M. Kline, Dr. James Schmidt, Bob Schroff, and Eugene and Joan Lewis. Council President Palmer referenced two large maps which showed depictions of the likely flight paths that would come into existence if expansion was allowed at Paine Field. It was noted the flight paths cover the entire Edmonds area. Council President Palmer strongly recommended adoption of the proposed resolution to begin the process of protecting the City of Edmonds from the negative impacts of the proposed Paine Field Expansion. Council President Palmer said many citizens have come forward with good information on this and have voiced their opposition. Councilmember Nordquist said he has received calls from citizens regarding the low flying aircraft over the City of Edmonds at the present time and is concerned with the use of the field at present. Councilmember Nordquist said the use of the field needs to be returned to general aviation. Councilmember Dwyer said this is a regional problem and doesn't feel the ultimate solution is going to be housed entirely in King County. Councilmember Dwyer predicts the South County communities who are entering into this resolution opposing the proposed expansion, will end up being pitted against each other in the future. The Council agreed in opposing the proposed expansion of Paine Field. COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, FOR PASSAGE OF RESOLUTION #741. MOTION CARRIED. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, THAT THE MAYOR AND COUNCIL PRESIDENT DRAFT A LETTER EXPRESSING THE CONCERNS OVER THE INTRUSIVE AIR TRAFFIC AT. PAINE FIELD CURRENTLY. MOTION CARRIED with Councilmember Kasper voting no. EDMONDS CITY COUNCIL MINUTES Page 8 March 17, 1992 APPROVAL OF FINDINGS AND FACTS ON APPEAL OF PRELIMINARY ADB DECISION REGARDING A &0* NEW 3-STORY MIXED USE OFFICE/5-UNIT APARTMENT BUILDING AT 504 HOLLY DRIVE (APPLICANT: ROBERT BUTTERFIELD / APPELLANT: ROBERT DRISCOLL / FILE NO. ADB-107-91/AP-92-10) (FROM P MARCH 2, 1992) City Attorney Scott Snyder noted Councilmember Kasper was not present during the March 2 discussion and asked Councilmember Kasper if he has had an opportunity to review the records of the prior proceedings. Councilmember Kasper replied affirmatively. City Attorney Scott Snyder referenced two versions of Findings and Fact for consideration by the City Council. Mr. Snyder said the motion passed March 2 did not address the issue of stories. Mr. Snyder said Version 1 makes a finding with regards to finding the 3-story design inappropriate under ADB criteria. Mr. Snyder said Version 2 makes a finding that there is no limitation to stories in the code, and defers the decision to the ADB. Mr. Snyder said this is a preliminary review and the applicant could expect some feedback or comments from the ADB regarding the preliminary design. Council Discussion and Deliberation Councilmember Dwyer said it was his intent to limit the proposal to two stories and addressed the issue of mixed use. Councilmember Hall said he doesn't agree with the assessment that 25 feet means two stories. The Council discussed many issues such as primary use versus secondary use, buffers, number of stories, and setbacks. After discussing both versions of the Finding of Fact, COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER HALL, TO RECONSIDER THE PREVIOUS ACTION MADE BY COUNCIL AT THE MARCH 2 CITY COUNCIL MEETING. MOTION CARRIED with Councilmember Hall, Councilmember Kasper, Councilmember Palmer and Councilmember Earling voting yes, and Councilmember Dwyer, Councilmember Nordquist, Councilmember Petruzzi voting no. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER HALL, TO REMAND THE ISSUE TO THE ADB. Under discussion, City Attorney Scott Snyder, said if the Council is going to take action different than the motion made at the March 2 meeting, the City needs to inform the public. COUNCILMEMBER PETRUZZI WITHDREW )v HIS MOTION. THE SECONDER AGREED. COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, FOR DISCUSSION TO CONTINUE THIS ITEM TO APRIL 21,1992. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PALMER, TO AMEND THE MAIN MOTION TO PROVIDE FOR ADDITIONAL PUBLIC TESTIMONY ON APRIL 21. MOTION CARRIED. THE MAIN MOTION, AS AMENDED, THEN CARRIED. MAYOR Mayor Hall noted three liquor license applications: Engel's Pub, Red's Steak House and the Rancho Chico Restaurant. No objections were noted from the Council. Mayor Hall asked Councilmember Kasper if he would attend the upcoming meeting in Olympia regarding the ferry dock. Councilmember Kasper replied affirmatively. Mayor Hall thanked the committee who worked on the EMS levy. Mayor Hall said the le asked with an y � y �p approximate 94% approval. EDMONDS CrrY COUNCIL MINUTES Page 9 March 17, 1992 COUNCIL Councilmember Dwyer said he is beginning to get comments in the nature of complaints about the change in the City Council Minutes. Councilmember Dwyer said people feel they are not getting an idea of who is saying what. Councilmember Petruzzi said the Chamber of Commerce is contributing $25,000 which matches the contribution from the City for the Edmonds Visitors Bureau. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER HALL TO EXCUSE COUNCILMEMBER KASPER'S ABSENCE ON MARCH 2. MOTION CARRIED. Councilmember Palmer thanked Student Representative Brett Shirley for his contributions during his term. Council President Palmer reminded the Council of the Association of Snohomish County Cities & Towns Dinner at Fishhouse Charlie's on March 26, 1992. AJ Council President Palmer said there is a sandwich board sign on the street opposite 504 Holly Street and asked Staff to look into the matter. Councilmember Earling said he would be attending a Community Transit Meeting on April 7 and asked that the Adult Entertainment Hearing be moved forward on the Agenda. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER KASPER, TO MOVE THE ADULT ENTERTAINMENT HEARING FROM APRIL 7, 1992 TO MAY 5, 1992. MOTION CARRIED. ' With no further business, Mayor Hall adjourned the meeting at 11:41 p.m. THESE MINUTES ARE SUBJECT TO MARCH 23, 1992 APPROVAL. THE OFFICIAL SIGNED COPY OF THESE MINUTES ARE IN THE CITY CLERK'S OFFICE. A PERMANENT RECORDING OF ALL COUNCIL MEETINGS ARE KEPT IN THE CITY CLERK'S OFFICE. onda J. Har h, City Clerk LauH 11 , "1 vor EDMONDS CITY COUNCIL MINUTES Page 10 March 17, 1992 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 -10:00 p.m. MARCH 17, 1992 BALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF MARCH 2, 1992 AND COUNCIL RETREAT MINUTES OF FEBRUARY 14 AND 15, 1992 (C) APPROVE CLAIMS WARRANTS FROM #920737 TO #921355, FOR THE WEEKS OF MARCH 2 AND MARCH 9, 1992 AND PAYROLL WARRANTS FROM #920821 TO #921106 (D) ACKNOWLEDGMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM LAURA BOOTH ($214.81), PEGGY A. DECARLO (APPROX. $150.00), AND JANET M. MORTON ($121.50) (E) APPROVE PROPOSED RESOLUTION #740 COMMENDING BRETT SHIRLEY, STUDENT REPRESENTATIVE (F) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT WITH LYNNWOOD FOR PUBLIC ART AT MEADOWDALE PLAYFIELD ($15,000) AND APPOINTMENT OF COUNCILMEMBER MICHAEL W. HALL AS CITY REPRESENTATIVE (G) REPORT ON BIDS OPENED MARCH 2, 1992, FOR A 318 JOHN DEERE LAWN AND GARDEN TRACTOR OR EQUIVALENT AND AWARD TO AUBURN LAWN AND GARDEN ($5,107.04 INCL WSST) (H) REPORT ON BIDS OPENED MARCH 2, 1992, FOR A FORD TRACTOR LOADER, MODEL 7410 OR EQUIVALENT AND AWARD TO BRIM TRACTOR ($5,220.75 INCL. WSST) (1) REPORT ON BIDS OPENED MARCH 2, 1992 FOR A CHEMICAL CONTAINMENT UNIT FOR HAZARDOUS MATERIALS AND AWARD TO PUGET SOUND SEED COMPANY ($16,935.46 INCL WSST) (J) APPROVAL OF FINDINGS AND FACTS ON DENIAL OF THE APPLICATION OF DR. ROBERT SUCHERT TO REZONE APPROXIMATELY 5.26 ACRES LOCATED ON THE SOUTHWEST SIDE OF MAIN STREET, WEST OF FIVE CORNERS INTERSECTION, FROM RS-8 TO RM-2.4 TO ALLOW 86 MULTIPLE -FAMILY UNITS (FILE NOS. R-6-88 AND CDC-5-88) (FROM FEBRUARY 18, 1992) (K) PROPOSED INTERIM CRITICAL AREAS ORDINANCE 2872 (FROM MARCH 2, 1992) (L) PROPOSED ORDINANCE 2873 ADOPTING PLANNING BOARD RECOMMENDATION REGARDING A STAFF INITIATED REZONE OF PROPERTY LOCATED AT 19017, 19023 AND 19031 83RD AVENUE WEST FROM PUBLIC USE TO RS-12 TO CORRECT AN ERROR ON THE ZONING MAP (APPLICANT: CITY OF EDMONDS/FILE NO. R-2-91) (FROM MARCH 2, 1992) (M) ACCEPTANCE OF PEDESTRIAN AND UTILITY EASEMENT FROM PHYLLIS H. WIGGINS, 16012 74TH PL W. FOR PROPOSED CONSTRUCTION OF NORTH MEADOWDALE ROAD WALKWAY (N) AUTHORIZATION FOR MAYOR TO EXECUTE AGREEMENT WITH MOUNTLAKE TERRACE FOR LAKE BALLINGER MONITORING AND REHABILITATION ($19,292) (0) APPROVE RESOLUTION OF INTENTION 268 SETTING APRIL 7, 1992 AS THE PRELIMINARY ASSESSMENT ROLL HEARING FOR PROPOSED LOCAL IMPROVEMENT DISTRICT FOR CONSTRUCTION OF SANITARY SEWERS AND IMPROVEMENT OF WATER MAINS IN THE VICINITY OF 218TH ST. SW AND 92ND W. CONTINUED AGENDA EDMONDS CITY COUNCIL PAGE 2 MARCH 17, 1992 (P) FINAL ACCEPTANCE OF WORK BY CONCEPTION COMMUNICATIONS, INC. AND INTRA COMMUNICATIONS NETWORK FOR THE TELECOMMUNICATIONS AND WIRING CONTRACTS, AND SET 30-DAY RETAINAGE PERIOD (0) ACCEPTANCE OF ANONYMOUS GIFT OF $20,000 FOR FUNDING OF FLOWERS BASKETS PROGRAM FOR 1992 (R) PROPOSED ORDINANCE 2874 AMENDING THE CITY CODE FOR APPROVING PAYMENT OF CLAIMS, DEMANDS AND VOUCHERS (S) AUTHORIZATION TO CALL FOR BIDS TO PURCHASE ONE LASER LEVELER FOR PUBLIC WORKS CONSTRUCTION PROJECTS ($8,000) 2. AUDIENCE 3. PRESENTATION OF RESOLUTION OF COMMENDATION #740 TO BRETT SHIRLEY, FOR HIS CONTRIBUTIONS AS STUDENT REPRESENTATIVE (5 MINUTES) 4. AID CAR BID REVIEW (15 MINUTES) 5. PRESENTATION BY MARY HUGHES OF YEASTING & HUGHES, AND FIRST PUBLIC HEARING ON RECOMMENDED WATER RATE INCREASE (45 MINUTES) 6. HEARING ON PLANNING BOARD RECOMMENDATION FOR AMENDMENTS TO EDMONDS COMMUNITN DEVELOPMENT CODE CHAPTERS 16.65 - OPEN SPACE, AND 16.80 - PUBLIC USE (APPLICANT: CITY OF EDMONDS/FILE NO. CDC-3-91) (CONTINUED FROM MARCH 2, 1992) (15 MINUTES) 7. CONTINUED COUNCIL DELIBERATION ON PROPOSED ORDINANCE 2875 FOR 1992 FEE ADJUSTMENTS (CONTINUED FROM FEBRUARY 4, 1992 AND MARCH 2, 1992) (30 MINUTES) 8. CONTINUED COUNCIL DISCUSSION ON PAINE FIELD EXPANSION AND PROPOSED RESOLUTION #741 OPPOSING THE PENDING RECOMMENDATION OF THE PUGET SOUND AIR TRANSPORTATION COMMITTEE TO CONVERT PAINE FIELD INTO A COMMERCIAL ROLE AND THE DEVIATION FROM THE 1978-1979 MEDIATED ROLE (CONTINUED FROM FEBRUARY 11, 1992) (15 MINUTES) 9. APPROVAL OF FINDINGS AND FACTS ON APPEAL OF PRELIMINARY ADB DECISION REGARDING A NEW 3- STORY MIXED USE OFFICE / 5-UNIT APARTMENT BUILDING AT 504 HOLLY DRIVE (APPLICANT: ROBERT BUTTERFIELD / APPELLANT: ROBERT DRISCOLL / FILE NO. ADB-107-91 / AP-92-10) (FROM MARCH 2, 1992) (5 MINUTES) 10. MAYOR 11. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE