No preview available
03/20/2001 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES March 20, 2001 Following a Special Meeting at 6:15 p.m. for an Executive Session regarding a real estate matter and to meet with candidates for the Library Board, Planning Board and Sister City Commission, the Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5 h Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Dave Earling, Council President Thomas A. Miller, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Dave Orvis, Councilmember Christopher Davis, Councilmember Richard Marin, Councilmember ALSO PRESENT Tyler Fisher, Student Representative APPROVAL OF AGENDA STAFF PRESENT Tom Tomberg, Fire Chief Robin Hickok, Police Chief Duane Bowman, Development Serv. Director Stephen Clifton, Community Services Director Peggy Hetzler, Administrative Services Director Brent Hunter, Human Resources Director Arvilla Ohlde, Parks and Recreation Director Rob Chave, Planning Manager Dave Gebert, City Engineer Don Fiene, Assistant City Engineer Jeannine Graf, Building Official Scott Snyder, City Attorney Linda Hynd, Deputy City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder Change to COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO genda WITHDRAW ITEM O FROM THE CONSENT CALENDAR AND PLACE IT ON THE AGENDA AS ITEM 3A. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS Councilmember Marin requested Items E, G and M be removed from the Consent Agenda. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MILLER, FOR APPROVAL OF THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1 (A) ROLL CALL I Approve , /13/01 Minutes (B) (C) APPROVAL OF CITY COUNCIL MEETING MINUTES OF MARCH 13, 2001 APPROVAL OF CLAIM CHECKS #47025 THROUGH 47209 FOR THE WEEK OF pprove laim Checks MARCH 12, 2001, IN THE AMOUNT OF $300,936.40 Edmonds City Council Approved Minutes March 20, 2001 Page 1 i Cder (D) APPROVAL OF LIST OF BUSINESSES APPLYING FOR RENEWAL OF THEIR sLIQUOR LICENSES WITH THE WASHINGTON STATE LIQUOR CONTROL BOARD (F) AUTHORIZATION TO DISPOSE OF THE 1969 SNORKEL LADDER TRUCK THROUGH A NATIONAL APPARATUS BROKER AND DEPOSITING THE RETURN Truck INTO THE 005 FUND Fourth of (� AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH THE GREATER July Parade/ Fireworks EDMONDS CHAMBER OF COMMERCE FOR THE FOURTH OF JULY PARADE AND FIREWORKS DISPLAY Festival (I) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH THE EDMONDS ARTS FESTIVAL ASSOCIATION FOR THE ARTS FESTIVAL Summer (J) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH THE EDMONDS- Market SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY FOR THE SUMMER MARKET Uniform Contract (K) AUTHORIZATION FOR MAYOR TO SIGN ADDENDUM TO BLUMENTHAL'S UNIFORM CONTRACT Law Enforcement Mutual Aid () L AUTHORIZATION FOR MAYOR TO SIGN SNOHOMISH COUNTY INTERLOCAL Agreement LAW ENFORCEMENT MUTUAL AID AGREEMENT #3352 (N) ORDINANCE NO. 3352 EXTENDING THE DEADLINE FOR ACCEPTANCE OF THE phia TELECOMMUNICATIONS FRANCHISE GRANTED TO ADELPHIA BUSINESS ness SOLUTIONS OPERATIONS, INC. UNDER ORDINANCE NO.3333 i.si chise #997 (P) RESOLUTION NO. 997 AMENDING THE FEE SCHEDULE ADOPTED BY nding RESOLUTION NO. 967 ESTABLISHING FEES FOR THE CITY'S PLANNING, PUBLIC he Fee WORKS, BUILDING, AND OTHER FEE STRUCTURES, INCLUDING A SAVINGS Schedule CLAUSE Item E: Authorization for Mayor to Provide a Temporary Easement to Washington State Department of WSDOT Transportation (WSDOT) Temporary Councilmember Marin recalled last week the Council approved a motion with the term "license," Easement however, WSDOT has requested the use of the term "easement" and asked why. Jeff Lundstrom, Project Engineer, WSDOT, explained when he presented the proposed change to WSDOT's Real Estate Services Division, they pointed out the term "license" was not normally used in that manner by WSDOT and there was the possibility of confusion with the use of that term. The term "temporary easement" was commonly used by WSDOT and resulted in the Council's intent, the establishment of a one-year termination date. City Attorney Scott Snyder agreed "temporary easement" would fulfill the Council's intent. Councilmember Marin said his intent was to ensure there was an opportunity to change the shape, location and/or size of the structure located in front of a residence. He said the term "temporary easement" would still accomplish his intent. Mr. Lundstrom said WSDOT would have until April 2, 2002 to make a permanent arrangement. Councilmember Plunkett said he had been told the easement was 92 feet wide in some places and asked why the easement needed to be that wide for WSDOT to reach the control box. Mr. Lundstrom answered Edmonds City Council Approved Minutes March 20, 2001 Page 2 the easement incorporated the area from Pine Street to the outer limit of the right-of-way adjacent to Mr. Locke's property. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO APPROVE CONSENT AGENDA ITEM E. MOTION CARRIED UNANIMOUSLY. The item approved is as follows: (E) AUTHORIZATION FOR MAYOR TO PROVIDE A TEMPORARY EASEMENT TO WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT) Item G: Authorization for Mayor to Sign Contract with the Greater Edmonds Chamber of Commerce for rite of the Taste of Edmonds Edmonds Councilmember Marin said the diagram indicated the street where police and fire access was located would be closed. He requested assurance the Police and Fire Department would have adequate access. Mayor Haakenson advised this was done every year. The Fire Department had two exits and the Police Department had an exit on the west side. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MILLER, FOR APPROVAL OF CONSENT AGENDA ITEM G. MOTION CARRIED UNANIMOUSLY. The item approved is as follows: (G) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH THE GREATER EDMONDS CHAMBER OF COMMERCE FOR THE TASTE OF EDMONDS Ord #3351 Item M: Proposed Ordinance Amending Provisions of Ordinance No. 3340, Annual Salary Ordinance for Amend Budget Year 2001, to Permit Additional Flexibility to the Mayor Regarding the Granting of Wage Increases Annual to the Position of Police Chief Salary Councilmember Marin expressed concern with the proposal as resented and referred it be structured so Ordinance — p p p p p Police Chief that it was not specific to one position. Mayor Haakenson recalled at one time Human Resources Director Brent Hunter suggested the proposed ordinance permit the Mayor to grant wage increases to any directors rather than just the position of the Police Chief. Mayor Haakenson said the wording could be changed to reflect Mr. Hunter's suggestion. Councilmember Miller noted the request was to increase the salary level to a level previously authorized by the Council and questioned why this specific action was required. COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, FOR APPROVAL OF CONSENT AGENDA ITEM M. MOTION CARRIED (5-2), COUNCILMEMBERS MARIN AND PETSO OPPOSED. The item approved is as follows: (M) ORDINANCE NO. 3351 AMENDING PROVISIONS OF ORDINANCE NO. 3340, ANNUAL SALARY ORDINANCE FOR BUDGET YEAR 2001, TO PERMIT ADDITIONAL FLEXIBILITY TO THE MAYOR REGARDING THE GRANTING OF WAGE INCREASES TO THE POSITION OF POLICE CHIEF onfinn Appoint- 3. CONFIRMATION OF MAYOR'S APPOINTMENT OF CHARLES LANASA TO THE LIBRARY ents to BOARD, GARY GUENTHER TO THE PLANNING BOARD, AND JEANNETTE SALLINEN TO Library and THE SISTER CITY COMMISSION Planning Boards, Sister City COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO omm. CONFIRM THE APPOINTMENT OF CHARLES LANASA TO THE LIBRARY BOARD, GARY GUENTHER TO THE PLANNING BOARD, AND JEANNETTE SALLINEN TO THE SISTER CITY COMMISSION. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes March 20, 2001 Page 3 Mayor Haakenson introduced the new Boardmembers/Commissioner and thanked them for volunteering. o #996 3a. RESOLUTION NO. 996 RECOGNIZING THE CYBERSCHOOL'S YOUTH IN PHILANTHROPY y erschool EFFORTS FOR THEIR OUTSTANDING EFFORTS IN ADDRESSING THE SOCIAL NEEDS OF oath in THE RESIDENTS IN SNOHOMISH COUNTY (Formerly Consent Agenda Item O) hilanthropy At Councilmember Orvis' request, Bill Carlstrom, Cyberschool instructor and trustee and past president of the Board of Trustees of the Glaser Foundation, explained the Youth in Philanthropy program began at the Edmonds Cyberschool (a resource center for homeschool families) 1 %2 years ago when the grant writers for Children, Youth and Families, a Washington DC based organization, asked if the Cyberschool youth could create a web page for them which was accomplished. Subsequently, a challenge grant was obtained from the Glaser Foundation which required the youth raise $500 to be matched by $10,000 from Glaser to be spent on community service projects.. The youth completed the grant application, created a website for the Cyberschool foundation, served on the Board of Directors of the Cyberschool Foundation and will be awarding $10,000 in two $5,000 grants to community service organizations to whom they have sent an RFP. The youth will conduct another fundraiser in May which will be matched by an additional $2,500 from the Glaser Foundation for additional grant opportunities. He recognized several students in the audience. Councilmembers congratulated the students and Councilmember Orvis read a resolution recognizing the Cyberschool's Youth in Philanthropy for their outstanding efforts in addressing the social needs of the residents in Snohomish County. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER MARIN, FOR APPROVAL OF RESOLUTION NO. 996. MOTION CARRIED UNANIMOUSLY. Public 4. PROCLAMATION IN HONOR OF PUBLIC HEALTH WEEK, APRIL 2 — 8, 2001, AND Health Week PRESENTATION TO COUNCILMEMBER DAVE ORVIS, HEALTH DISTRICT REPRESENTATIVE FOR 2000 Councilmember Marin (Health District Representative for 2001) read a proclamation declaring April 2 — 8 as National Public Health Week and presented the proclamation to Dave Peterson, a member of the Health District Executive Leadership Team. Mr. Peterson expressed his gratitude to the City for their support of the Health District. He presented Councilmember Orvis (Health District Representative for 2000) a resolution passed by the Health District Board in recognition of his dedication and interest in the health and well being of the citizens of Snohomish County. elegation 6. INTRODUCTION OF THE MAYOR'S DELEGATION TRAVELING TO HEKINAN FOR THE raveling to UNVEILING AND DEDICATION OF "THE CRANE" PUBLIC ART SCULPTURE ekinan Mayor Haakenson explained Hekinan Mayor Nagashima extended an invitation to the Edmonds Sister City Commission and Edmonds citizens and community leaders to visit Hekinan and participate in the unveiling and dedication of "The Crane" public art sculpture. The sculpture will be the finale honoring the City of Hekinan's 501h anniversary, which included the construction of the new Hekinan City Hall and the placement of the public/privately funded art sculpture from the citizens and City of Edmonds. Edmonds City Council Approved Minutes March 20, 2001 Page 4 Mayor Haakenson advised the Mayor's delegation of 22 guests, artists, community leaders, past and present Sister City Commissioners, former Mayor Fahey, and City staff will travel to Hekinan and participate in the dedication and unveiling on March 24, 2001. As he was unable to attend the dedication, his representative in Hekinan will be Lawrence Cretin, Sister City Commission Chairman and Edmonds Employee of the Year for 2000. Mr. Cretin advised the members of the March 2001 Mayor's delegation to Hekinan are: Barbara Fahey, Iyoko Kano, Carolyn Hanson, Sara Nelson, Mike Mangione, Darlene McLellan, Steve Jensen, Dr. Ellen Kahn, Valerie Cole -Kelley, Patrick Fahey, Dr. Robert Killian, Pam Nelson, Carl Lewellen, Brian McIntosh, Birgitte McIntosh, Kaiija McIntosh, Kelci McIntosh, Karsten McIntosh, Dr. Frances White - Chapin, and Anne Chapin. Mr. Cretin advised he would deliver Mayor Haakenson's personal message to Hekinan's Mayor as well as a letter to the President of the Library Board and a letter from Fire Chief Tom Tomberg to the Hekinan Fire Chief. The Crane' 5. PROCLAMATION — DEDICATION OF "THE CRANE" PUBLIC ART PIECE TO THE CITY OF Public Art HEKINAN iece Mayor Haakenson read a proclamation regarding the visitation of the Edmonds' delegation to unveil and dedicate "The Crane" public art piece to the City of Hekinan on March 24, 2001. 7. AUDIENCE COMMENTS Al Rutledge, 7101 Lake Ballinger Way, Edmonds, asked whether a Town Meeting had been scheduled eetings regarding the library annexation. He also suggested a Town Meeting be held after Sound Transit's March 29 public hearing. I sound Rich Demeroutis, 921 Pine Street, Edmonds, suggested Council President Earling resign from the ransit Sound Transit Board. He expressed concern with the City's purchase of the Finance Center and the City not declaring how much over budget the purchase and renovations were. He was also concerned with a Devserv. proposed $20,000 remodel of the Development Services Department using funds from saved salaries, epi. questioning why those funds were not returned to the General Fund. He questioned why a fully emodel renovated building needed to be further remodeled. He questioned whether the Public Safety Complex Library was over -budget. He questioned why the Council would support the taxpayers spending $500,000 more lAnvexation for library services (via annexation) than the City was currently paying for the same services. He said citizens would likely not be supportive of future tax increases for sewer and road improvements. He expressed concern with the redesign of Brackett's Landing North rather than only repairing the seawall. Library Annexation Mayor Haakenson advised a Town Meeting regarding library annexation would be held on April 21 at Town 9:00 a.m. at the Edmonds Theater. ' Meeting 8. CLARIFICATION AND FINAL APPROVAL OF PROPOSED ORDINANCE AMENDING THE Community I PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE RELATING TO Facilities COMMUNITY FACILITIES AND PUBLIC USES Planning Manager Rob Chave advised the City Attorney provided two options for the Council's consideration. Mr. Chave pointed out staff was also seeking direction to the Planning Board regarding whether to review existing "P" zones and, when the Planning Board considers rezoning properties currently zoned "P," that they also consider amending the code to allow permitted schools to automatically obtain a Conditional Use Permit (CUP) if the zoning was changed. He emphasized the Planning Board would review the issue, develop a proposal, hold public hearings, etc. Edmonds City Council Approved Minutes March 20, 2001 Page 5 City Attorney Scott Snyder explained the Council's motion regarding a change in Section 17.100.050(i) regarding school heights was to require a CUP for gymnasiums to a height of 35 feet. Mr. Snyder clarified when he began making that change, he determined that section already had a provision that allowed any portion of a structure to be increased above the maximum height in a zone with a CUP. Adding a limitation on gymnasiums to 35 feet without a limitation on other parts of the structure seemed at odds with the Council's intent, particularly since the testimony provided addressed gym height and not other parts of the structure. Therefore, the sections were worded with a 35-foot height limit on gymnasiums as well as other parts of the structure. Mr. Snyder explained the second issue was consistency, pointing out the importance of not imposing a greater burden on churches than any other non-residential use. He pointed out there were zones in the City where heights of 35 feet and higher were permitted, particular in the high-rise nodes on Hwy. 99. To address this issue, language was added to Version II of the ordinance stating a CUP could be requested in residential neighborhoods and other areas where the 35-foot height could not be achieved. Mr. Snyder said the final issue was having a CUP required for churches in residential neighborhoods not located on a collector or arterial; a requirement schools did not have. He requested the Council provide clarification on this issue, pointing out Version II treated schools and churches identically, neighborhood churches and elementary schools did not require a CUP, community churches and schools over 600 students or 60,000 square feet would require a CUP. Mr. Snyder explained the purpose of this item was to clarify which of the versions met the Council's intent. If the Council wished to develop another version or the Council wanted to deliberate the changes further or make any substantive changes, it would be appropriate to continue the matter to a future meeting and provide notice to the public of the Council's continued deliberation. Councilmember Petso referred to page 18 of Version 11 of the ordinance, pointing out that between the January version of the ordinance and the March version, large (community) churches had the phrase "collector" added to their permissible designations [Section 17.100.020(D)(2)]. She preferred the Planning Board's recommendation be utilized which required large churches be on a minor arterial or within 1,200 of a principle arterial. She suggested this could be accomplished by eliminating the words "collector or" in paragraph D2 (Community churches with a seating capacity of more than 250 shall be located adjacent to a Eelleeter-er minor arterial street, or within 1,200 feet, as measured along the centerline of the right-of-way, of a principal arterial street.). Mr. Chave advised collector streets were not classified as neighborhood or arterial. Councilmember Petso said it appeared the Planning Board's intent was to restrict the siting of large churches to a minor arterial or within 1,200 feet of a principle arterial, regardless of whether the 1,200 was a collector or a local street. Mr. Chave advised there were relatively few streets in the City designated as collector; however, one was 7"' Avenue. He recalled a change was made to the Transportation Element of the Comprehensive Plan several years ago, making 7th a collector to bring the large church on 7th Avenue into conformance. Councilmember Petso asked whether the large church on 7`h Avenue was within 1,200 feet of a principle arterial. Mr. Chave was not certain. Councilmember Petso said her concern was because the Hearing Examiner had granted CUPS by determining a street (i.e. 238t) functioned as a collector and based his decision on that determination. She did not want residential streets to be determined to be collectors, thus allowing a mega church in a small residential area. Mr. Chave advised "collector" was a defined Edmonds City Council Approved Minutes March 20, 2001 Page 6 term in the Transportation Plan and the Hearing Examiner could not unilaterally change that; he could only make a recommendation. Councilmember Petso asked whether there were other provisions in the ordinance that addressed the church on 7th Avenue if the language "collector or" was removed. Mr. Chave answered the church on 7th Avenue would be required to obtain a CUP. He commented Councilmember Petso appeared to be addressing conditions for new churches. Councilmember Petso agreed. Mr. Snyder commented if the church on 7th Avenue were non -conforming, it could not expand. A provision in the ordinance allowed churches to expand as long as the aspect of the church being expanded was not non -conforming; however, if the location of the church caused it to be non -conforming, any expansion would require a CUP. Councilmember Petso observed the church could expand but would need a CUP. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MILLER, TO EXTEND THIS ITEM FOR 5 MINUTES. MOTION CARRIED UNANIMOUSLY. Mayor Haakenson asked if "collector" was removed, would that change what the church on 7th Avenue believed would be required when they attended previous discussions regarding this issue. Mr. Chave answered it would depend on whether the church was within 1,200 feet of an arterial. As the ordinance was currently drafted, a church on a collector would be allowed to expand without a CUP. If "collector" was eliminated and the church was not within 1,200 feet of an arterial, a CUP would be required. Mr. Snyder advised it would be a substantive change and he would recommend notice be provided if that change was desired. Mr. Chave pointed out it was also unknown whether other churches would be impacted by the change. Councilmember Orvis referred to the matrix he prepared and said according to the matrix, in Version H a church or school that was below the size and height threshold would not be required to obtain a CUP. Mr. Chave agreed. Councilmember Orvis pointed out any significant expansion of either the church or school would require SEPA and Architectural Design Board (ADB) review. Mr. Chave agreed SEPA and ADB review would be required for any significant change. Councilmember Orvis pointed out those were public processes that included appeal to the City Council. Mr. Chave pointed out a small alteration such as to the entry would not trigger a review; adding a classroom or nursery would trigger a review. Mayor Haakenson clarified if the Council wished to support Version II, the ordinance would need to include "collector or" in the document. Mayor Haakenson remanded the matter to Council for action. Council President Earling thanked staff and Mr. Snyder for responding to the Council's direction. He supported adoption of Version II which accomplished what he intended by the Council's previous action and treated churches and schools fairly. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MILLER, FOR APPROVAL OF ORDINANCE NO.3353 WITH THE INCORPORATION OF VERSION II. COUNCILMEMBER DAVIS MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO EXTEND THIS ITEM 15 MINUTES. MOTION CARRIED UNANIMOUSLY. Councilmember Plunkett pointed out adopting the ordinance as drafted would potentially allow community churches on collector streets and he questioned whether this was the Council's intent. His understanding was that the Council was satisfied with neighborhood churches in residential areas but did Edmonds City Council Approved Minutes March 20, 2001 Page 7 �: . 11 not recall any discussion regarding community churches on collector streets which would place them dangerously close to neighborhoods. He' eC ncouraged the 60h6l to table the ordinance to allow staff to provide additional information to address the issue Councilmember Petso raised. He was hesitant to vote against the motion due to the work and time that had been put into the ordinance. Councilmember Petso noted the ordinance as presented in January required new large churches to be on minor arterials or within 1,200 feet of a major arterial. She said this provided significant protection to citizens, particularly those who lived near 238th. She recalled the Hearing Examiner ruled 238th to be a collector street without any other action by the City and granted a CUP to Faith Community Church within the past few years on that basis. She said if 238th could be deemed a collector, streets near large vacant school district properties could be deemed collectors and she assumed, giving deference to "the church on 7th that managed to get this phrase slipped into this ordinance between January and now" that the school district could then enter a long term lease with any church including the Westgate Chapel and place the church in a residential neighborhood away from an arterial resulting in increased traffic on neighborhood streets. She supported delaying action on the ordinance to ensure the church on 7th was addressed and prevent a mega church from locating in a neighborhood. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO TABLE THE ORDINANCE. UPON ROLL CALL, THE MOTION FAILED (3-4), COUNCILMEMBERS PLUNKETT, PETSO AND ORVIS IN FAVOR, COUNCIL PRESIDENT EARLING, AND COUNCILMEMBERS MILLER, DAVIS, AND MARIN OPPOSED. Mayor Haakenson asked staff to address Councilmember Petso's comment "the church on 7th that managed to get this phrase slipped into this ordinance between January and now." Mr. Chave said he had not been contacted by the church on 71h Councilmember Petso apologized for drawing that conclusion, assuming the church on 7th had requested "collector or" be included in the ordinance. Regardless of how it had been included, she stressed the language was not in the January version and had not been suggested by Council but was included in the March 6 version. She said by including this language, there was the risk of a mega church locating in a residential area but removing the language and requiring an existing facility to obtain a CUP was a relatively minor inconvenience. Councilmember Plunkett supported allowing staff 1-2 weeks to resolve the issue of the church on 7th and prevent the possibility of a community church locating in a residential neighborhood. Council President Earling asked whether the Council could take action on the ordinance tonight and an amendment be prepared and returned to the Council for a public hearing. Mr. Snyder advised the amendment would need to be referred to the Planning Board for a recommendation, which could take several months. UPON ROLL CALL, THE MOTION CARRIED (4-3), COUNCIL PRESIDENT EARLING, AND COUNCILMEMBERS MILLER, DAVIS, AND MARIN IN FAVOR, AND COUNCILMEMBERS PLUNKETT, PETSO AND ORVIS OPPOSED. Council President Earling requested the Planning Board review the two items Mr. Chave requested Council provide direction on (whether to review existing "P" zones and when the Planning Board considered rezoning properties currently zoned "P", that they also consider amending the code to allow permitted schools to automatically gain a Conditional Use Permit (CUP) if the zoning was changed). Edmonds City Council Approved Minutes March 20, 2001 Page 8 Council President Earling also requested the Planning Board also clarify their intent regarding collector streets. Mr. Snyder advised staff would also like to address the ADB requirements related to steeples and other church symbols. It was the consensus of the Council to allow staff to address that issue. Assistant 9. APPROVAL OF NEW ASSISTANT BUILDING OFFICIAL POSITION Building official tion Human Services Director Brent Hunter advised funding for this position was included -in the 2001 budget, subject to Council approval of the position at a later date. He said the position was reviewed by the Human Resources Committee in December and January and it was recommended the position be presented to the full Council for discussion. He noted the justification for the position outlined in the Council packet was primarily growth within the building division over the past few years. He explained this would create an additional supervisory position but would not result in any additional staffing in the building division as it would be handled via an internal promotion of existing staff. The proposed cost for the position was $4,240. The recommended salary level was N9 within the non -represented scale. Councilmember Marin asked what the impact on service to the public would be. Development Services Director Duane Bowman explained when the Building Official was absent, there was no one to make interpretations of the Uniform Building Code (UBC), requiring anyone seeking an interpretation to wait until her return. The creation of this position would allow the Assistant Building Official to provide interpretation in the Building Official's absence. Councilmember Marin concluded this would improve service. Mr. Bowman agreed. For Councilmember Orvis, Bowman advised there were approximately 30 employees in Development Services. Councilmember Orvis observed there were five supervisory staff members including the Development Services Director, the Planning Manager, the Building Official, the City Engineer and the Assistant Engineer. Mayor Haakenson remanded the matter to Council for action. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MILLER, FOR APPROVAL OF THE NEW ASSISTANT BUILDING OFFICIAL POSITION. Councilmember Orvis explained he opposed the creation of this position because it had the tendency to narrow the organizational structure rather than broaden it as recommended by the City's Human Resources Study as well as an independent study recommended to Pierce County. He referred to the Human Resources Study which concluded the City should consider increasing the span of control to flatten the organization over time by taking advantage of opportunities as they arise such as turnover and retirement. Councilmember Orvis noted the organizational structure recommended in the Human Resources Study did not include an Assistant Building Official position. Councilmember Orvis referred to a performance review done for Pierce County that recommended a manager to non -manager ratio of 1:12. He cited several resources used for the performance review that recommended increasing the manager to non -manager span to 1:12, to 1:14, to 1:15 and to 1:25-75. He summarized the performance review done for Pierce County developed a standard for non -manager to manager ratio of 1:8, lower than several studies suggested. He noted the City's Development Services Department had 24 non -manager employees and five managers, a ratio of 1:4.8, considerably lower than the 1:8 standard. Approving the Assistant Building Official would reduce the standard to 1:3.8 as well as deviate from the recommendations in the City's Human Resources Study. Edmonds City Council Approved Minutes March 20, 2001 Page 9 Councilmember Orvis urged the Council to consider the long term cost of this action. He supported streamlining the permitting process via Regulatory Reform and eliminating unnecessary regulations that consumed staff time and cost taxpayers more money. He said although some may feel adding staff will assist with streamlining the permitting process, staffing in Community Services and Development Services has increased by 22% in the past five years although the population has increased by only 9%. He summarized he would not support the creating of the Assistant Building Official position based on the City's Human Resources Study, the study prepared for Pierce County, concerns with costs, and that enough staff had been added to Development Services. Councilmember Petso recalled at the budget meeting last year she questioned approving funds in the budget before the Human Resources Committee reviewed the position to determine whether the position was appropriate. Although she acknowledged the Building Official made a reasonable case during the budget meetings for the creation of the position, one of the few expenses the Council could control during this financial crisis was wages, salaries and promotions. She said at another time she may be able to support the creation of the position such as if the library vote passed or unanticipated revenues materialized, however, she would oppose the creation of this position at this time. Councilmember Davis asked whether there were many rules, regulations and codes the City did not have control over and was required to interpret. Mr. Bowman answered the UBC was one example and only the Building Official could interpret the UBC. Councilmember Davis asked how revenue was obtained for a majority of the Development Services' expenses. Mr. Bowman answered the Building Department was funded completely via permit fees. For Council President Earling, Mr. Bowman explained in the Building Official's absence, staff could answer questions but could not interpret the UBC such as approving the use of an alternate material. Council President Earling requested staff provide an example. Building Official Jeannine Graf recalled ten instances in the past year when developers had waited for an interpretation until she returned from vacation. She recalled an example when a developer requested an alternate use of material for fire caulking. She was out of the office and the developer had to wait until her return, which could have delayed the project two weeks. She recalled another example when an interpretation for an architect who wanted to duct bathroom fans through 1-joist rather than running them parallel. Although he respected Councilmember Orvis budgetary concerns, Council President Earling said if by streamlining the process it slowed projects, it ultimately cost the consumer more. UPON ROLL CALL, THE MOTION CARRIED (5-2), COUNCIL PRESIDENT EARLING, AND COUNCILMEMBERS MARIN, MILLER, DAVIS AND PLUNKETT IN FAVOR, AND COUNCILMEMBERS ORVIS AND PETSO OPPOSED. 10. REPORTS ON COUNCIL COMMITTEE MEETINGS Finance Finance Committee Committee Councilmember Davis reported staff provided an update regarding the use of additional electrical utility tax revenue collected over the next year. A presentation will be made to the Council at the March 27 meeting including a review of capital and infrastructure projects that could be funded with those revenues. U.munityCommunity Services/Development Services Committee Councilmember Orvis reported the committee discussed engineering inspection and review fees and development project peer review fees. This item was approved as Item P on the Consent Agenda. The Edmonds City Council Approved Minutes March 20, 2001 Page 10 committee was also provided a proposal to remove a planter at 555 Walnut because the tree had been removed. Councilmember Marin reported on a discussion regarding traffic calming approaches, describing unintentional speed increases that occur on inclines as a result of new car manufacturers reducing the drag -causing components in transmissions in an effort to meet mandated target MPG goals. The committee discussed a hierarchy of traffic calming approaches to assist motorists. Staff will propose a comprehensive plan to address neighborhood traffic calming during the budget process this year. ublic Public Safely Committee safety Councilmember Plunkett reported the committee discussed an addendum to Blumenthal's Uniform ommittee contract which was approved on the Consent Agenda as Item K. Councilmember Plunkett reported south Snohomish County cities have had a handshake agreement with regard to mutual aid. The committee reviewed a proposed Snohomish County interlocal agreement between law enforcement agencies for mutual aid, which was approved as Item L on the Consent Agenda. Next, positive and negative aspects of a DWI Vehicle Impound Proposal were discussed. This item was tabled to a later date and Councilmember Miller will provide further information to the Public Safety Committee. The committee then discussed the possibility of Chelan County Sheriff's Department storing the City's prisoners in their jail facility at a cost of $48.00 per day. The proposal could save the City up to $15,000 on one prisoner the department currently has in custody and would save thousands more in the future. Chelan County would pickup and transport the prisoners as needed. The committee authorized the Police Chief to research and present a full contract to the Council. 11. MAYOR'S REPORT Mayor Haakenson acknowledged Snohomish County Councilmember Gary Nelson in the audience. sound Mayor Haakenson reported during the audience comment portion of the meeting, a citizen commented on ransit the City's lack of diligence in addressing the Sound Transit project. Mayor Haakenson advised a Technical Advisory Committee with representatives from staff, the Council and citizens, had been meeting on a regular basis regarding the Edmonds portion of the project. He assured the City was doing its part to ensure Sound Transit and light rail reached Edmonds eventually. Library Mayor Haakenson repeated his announcement regarding a Town Meeting regarding library annexation on Annexation Saturday, April 21 from 9:00 — 11:00 a.m. at the Edmonds Theater. The format will include 5-minute Town presentations by a Councilmember, the Sno-Isle Library, members of the proponents for annexation, and Meeting members of the opponents of annexation and he will serve as moderator. Following the presentations, there will be an opportunity for questions and answers. 12. COUNCIL REPORTS Councilmember Plunkett suggested Snohomish County Councilmember Nelson ,report on issues the County Council was addressing. Councilmember Orvis reported on a meeting of Chamber of Commerce stakeholders from which four hamber of ommerce meetings were held regarding City codes, design guidelines, marketing and parking. The meeting Stakeholders regarding design guidelines identified stakeholders' concerns with the design guidelines. A list of proposed changes will be presented to the Planning Board on March 28. Edmonds City Council Approved Minutes March 20, 2001 Page 11 Elected Councilmember Miller acknowledged Kevin Clarke and `Ellen' Ernst in the audience, members of the Ecials Elected Officials Salary Commission. A public hearing regarding elected officials salaries will be held mission on the first Monday and Wednesday in April in the City Hall great room at 7:00 p.m. ethnical Councilmember Marin reported he participates on the Technical Advisory Committee for the Sound Advisory Transit project and the subcommittee for public art associated with the transit station. He said the Committee committee addressed traffic routing on Railroad Avenue. The committee steered Sound Transit away r Sound from the option that would require entering Brackett's Landing South. Four options for bus travel in and Transit P q g g p around the station are being considered as well as concepts for the canopies on the platform. The subcommittee selected an artist to provide art for the station. ransporta- I South Snohomish Councilmember Gary Nelson reported the number one issue of concern in ion Issues J Snohomish County was transportation and transportation funding. Snohomish County has been following the Legislature's activities to determine how capacity problems on thoroughfares in the area will be solved. The Washington State Association of Counties and the Washington State Association of Cities have been testifying before the transportation committees of the House and State Senate to ensure the priority of Snohomish County projects are addressed with adequate revenue. In August/September 2001, new census figures will be provided to the Snohomish County. He commented the allocation of projected populations growth within each city often results in friction between the County and cities. He hoped via the Snohomish County Tomorrow committee, the population growth could be allocated in a manner that each city could appropriate plan for the density through the coming 10-15 years. V Councilmember Nelson said another issue facing the county was planning of respective urban areas. One of the issues was where Edmonds, Lynnwood, Mukilteo and Everett wanted their boundaries to be in the next 15-20 years. Snohomish County suggested Edmonds consider a joint meeting with these cities to consider each city's logical boundaries. He noted of particular concern was the unincorporated area to the north of Meadowdale and west of Hwy. 99. The reason Snohomish County was interested in this was to determine which city would be accountable for the population growth. He requested consideration be Long Range given to having a Councilmember, the Mayor or staff member participate with Snohomish County to Plans for determine the long range plans for annexation to Edmonds. He noted it was the intent of GMA for the nexation counties to set up the urban growth areas that would ultimately become city jurisdictions and eliminate unincorporated county areas. Mayor Haakenson asked when the meetings would be held. Councilmember Nelson replied by the end of the year, sometime between July and November 2001. Mayor Haakenson suggested staff make a presentation to Council at a work session regarding the unincorporated areas around Edmonds and the pros and cons of annexing those areas. Council President Earling asked whether Snohomish County had any cost analyses regarding improvements that have been accomplished and the cost of the remaining improvements in unincorporated areas. Councilmember Nelson commented on improvements that have been completed, pointing out the water and sewer district, Fire District and interested communities will be participants in the discussion. He said Snohomish County did not have up-to-date information regarding investments that would be necessary. mty Jail Councilmember Nelson said Snohomish County was also contracting with eastern Washington communities to store prisoners due to overcrowding in the County jail. Snohomish County was considering a long term plan for a new jail in Snohomish County so that it would no longer be necessary to transport prisoners to eastern Washington. Edmonds City Council Approved Minutes March 20, 2001 Page 12 Mayor Haakenson observed most of the area zoned for business has been annexed and the residential areas remained. Councilmember Nelson agreed. Mayor Haakenson said this issuer would be placed on a future Council work session and Councilmember Nelson would be informed of the date. With no further business, the Council meeting was adjourned at 8:40 p.m. �a. /� ,� SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes March 20, 2001 Page 13 1 AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5t" Avenue North 7:00 -10:00 mm. MARCH 20, 2001 SPECIAL MEETING 6:15 P.M. — EXECUTIVE SESSION REGARDING A REAL ESTATE MATTER - Police Training Room 6:45 P.M. — MEET WITH CANDIDATES FOR THE LIBRARY BOARD, PLANNING BOARD AND SISTER CITY COMMISSION — Police Training Room 7:00 P.M. - CALL TO ORDER FLAG SALUTE 1. APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF MARCH 13, 2001 (C) APPROVAL OF CLAIM CHECKS #47025 THROUGH #47209 FOR THE WEEK OF MARCH 12, 2001, IN THE AMOUNT OF $300,936.40 (D) APPROVAL OF LIST OF BUSINESSES APPLYING FOR RENEWAL OF THEIR LIQUOR LICENSES WITH THE WASHINGTON STATE LIQUOR CONTROL BOARD (E) AUTHORIZATION FOR MAYOR TO PROVIDE A TEMPORARY EASEMENT TO WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT) (F) AUTHORIZATION TO DISPOSE OF THE 1969 SNORKEL LADDER TRUCK THROUGH A NATIONAL APPARATUS BROKER AND DEPOSITING THE RETURN INTO THE 005 FUND (G) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH THE GREATER EDMONDS CHAMBER OF COMMERCE FOR THE TASTE OF EDMONDS (H) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH THE GREATER EDMONDS CHAMBER OF COMMERCE FOR THE FOURTH OF JULY PARADE AND FIREWORKS DISPLAY (1) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH THE EDMONDS ARTS FESTIVAL ASSOCIATION FOR THE ARTS FESTIVAL (J) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH THE EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY FOR THE SUMMER MARKET (K) AUTHORIZATION FOR MAYOR TO SIGN ADDENDUM TO BLUMENTHAL'S UNIFORM CONTRACT (L) AUTHORIZATION FOR MAYOR TO SIGN SNOHOMISH COUNTY INTERLOCAL LAW ENFORCEMENT MUTUAL AID AGREEMENT (M) PROPOSED ORDINANCE AMENDING PROVISIONS OF ORDINANCE NO. 3340, ANNUAL SALARY ORDINANCE FOR BUDGET YEAR 2001, TO PERMIT ADDITIONAL FLEXIBILITY TO THE MAYOR REGARDING THE GRANTING OF WAGE INCREASES TO THE POSITION OF POLICE CHIEF (N) PROPOSED ORDINANCE EXTENDING THE DEADLINE FOR ACCEPTANCE OF THE TELECOMMUNICATIONS FRANCHISE GRANTED TO ADELPHIA BUSINESS SOLUTIONS OPERATIONS, INC. UNDER ORDINANCE NO. 3333 Page 1 of 2 CITY COUNCIL MEETING AGENDA MARCH 20, 2001 Page 2 of 2 (0) PROPOSED RESOLUTION RECOGNIZING THE CYBERSCHOOL'S YOUTH IN PHILANTHROPY EFFORTS FOR THEIR OUTSTANDING EFFORTS IN ADDRESSING THE SOCIAL NEEDS OF THE RESIDENTS IN SNOHOMISH COUNTY (P) PROPOSED RESOLUTION AMENDING THE FEE SCHEDULE ADOPTED BY RESOLUTION NO. 967 ESTABLISHING FEES FOR THE CITY'S PLANNING, PUBLIC WORKS, BUILDING, AND OTHER FEE STRUCTURES, INCLUDING A SAVINGS CLAUSE 3. ( 5 Min.) CONFIRMATION OF MAYOR'S APPOINTMENT OF CHARLES LANASA TO THE LIBRARY BOARD, CARY GUENTHER TO THE PLANNING BOARD, AND JEANNETTE SALLINEN TO THE SISTER CITY COMMISSION 4. ( 5 Min.) PROCLAMATION IN HONOR OF NATIONAL PUBLIC HEALTH WEEK, APRIL 2 — 8, 2001, AND PRESENTATION TO COUNCILMEMBER DAVE ORVIS, HEALTH DISTRICT REPRESENTATIVE FOR 2000 5. ( 5 Min.) PROCLAMATION — DEDICATION OF "THE CRANE" PUBLIC ART PIECE TO THE CITY OF HEKINAN 6. ( 5 Min.) INTRODUCTION OF THE MAYOR'S DELEGATION TRAVELING TO HEKINAN FOR THE UNVEILING AND DEDICATION OF "THE CRANE" PUBLIC ART SCULPTURE 7. AUDIENCE COMMENTS (3 Minute Limit Per Person) 8. (10 Min.) CLARIFICATION AND FINAL APPROVAL OF PROPOSED ORDINANCE AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE RELATING TO COMMUNITY FACILITIES AND PUBLIC USES 9. (10 Min.) APPROVAL OF NEW ASSISTANT BUILDING OFFICIAL POSITION 10. (15 Min.) REPORT ON COUNCIL COMMITTEE MEETINGS 11. ( 5 Min.) MAYOR'S REPORT 12. (15 Min.) COUNCIL REPORTS Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at (425) 771-0245 with 24 hours advance notice for special accommodations. The Council Agenda as well as a delayed telecast of the meeting appears on AT&T Cable, Channel 21.