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01/16/2001 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES JANUARY 16, 2001 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Gary Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds, followed by 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 ALSO PRESENT Tyler Fisher, Student Representative STAFF PRESENT Robin Hickok, Police Chief Duane Bowman, Development Serv. Director Stephen Clifton, Community Services Director Brent Hunter, Human Resources Director Rob Chave, Planning Manager Dave Gebert, City Engineer Debbie Dawson, Animal Control Officer Zack L--ell, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. APPROVAL OF AGENDA COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, hange to TO ADD "AUTHORIZATION FOR THE MAYOR TO SIGN AN AGREEMENT FOR genda MUNICIPAL COURT JUDGE SERVICES WITH JAMES WHITE" AS CONSENT AGENDA ITEM E. MOTION CARRIED UNANIMOUSLY. COUNCILMEM 3ER ORVIS MOVED, SECONDED BY COUNCILMEMBER MILLER, FOR APPROVAL OF THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER MILLER, FOR APPROVAL OF THE CONSENT AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: (A) ROLL CALL pprove 1)! 01 (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF JANUARY 2, 2001 inutes (C) APPROVAL OF CLAIM CHECKS #45563 THROUGH #45599 FOR THE WEEK OF DECEMBER 25, 2000, IN THE AMOUNT OF $66,526.19. APPROVAL OF CLAIM pprove CHECKS #45601 THROUGH #45712 FOR THE WEEK OF JANUARY 1, 2001, IN THE laim AMOUNT OF $551,467.42. APPROVAL OF CLAIM CHECKS #45713 THROUGH #45720 becks FOR THE WEEK OF JANUARY 8, 2001, IN THE AMOUNT OF $1,523.26. APPROVAL OF PAYROLL CHECKS #32057 THROUGH #32155 FOR THE PERIOD DECEMBER 16 THROUGH DECEMBER 31, 2000, IN THE AMOUNT OF $341,602.82 Edmonds City Council Approved Minutes January 16, 2001 Page 1 laims for (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM MICHAEL rages SUSSMAN ($774.32), AND JEANETTE GUSTAFSON (AMOUNT UNDETERMINED) ge (E) AUTHORIZATION FOR THE MAYOR TO SIGN AN AGREEMENT FOR MUNICIPAL tract COURT JUDGE SERVICES WITH JAMES WHITE Process for Filling Council Vacancy Council President Earling announced 14 applications for the vacated Council position #6 had been ouncil acancy received. Interviews will be conducted on Saturday, January 20, 2001, from 8:30 a.m. to 2:00 p.m. in the Third Floor Great Room of City Hall. Applicants.will be given approximately two minutes to make an opening statement and describe their background. Councilmembers will then ask questions of the applicant followed by a brief opportunity for the applicant to make closing comments. 3. PUBLIC HEARING REGARDING PROPOSED AMENDMENTS TO EDMONDS COMMUNITY egulation DEVELOPMENT CODE CHAPTER 17.35, REGULATION OF ANIMALS IN THE ZONING £Animals CODE. THE CITY COUNCIL IS SEEKING PUBLIC COMMENT ON AN UPDATE TO THE ZONING CODE WHICH WOULD ALLOW THE FOLLOWING: INCREASE THE NUMBER OF "DOMESTIC ANIMALS" (DOGS, CATS, ETC.) PERMITTED FROM 3 TO 5. PERMIT "COVERED ANIMALS" (HORSES, COWS, ETC.) SO LONG AS THEY COMPLY WITH ADOPTED ANIMAL CONTROL REGULATIONS GOVERNING SIZE OF LOT AND HOW THE ANIMALS MUST BE CARED FOR (NO CHANGE FROM EXISTING CODE) PERMIT FOWL (CHICKENS, DUCKS, ETC.) AS A "GRANDFATHERED" USE ONLY, AND ESTABLISH A REGISTRATION PROCESS TO IDENTIFY THE EXISTING GRANDFATHERED USES. Planning Manager Rob Chave explained the City adopted updated animal control regulations, City Code Chapter 5.05, within the past year. The amendments proposed tonight will update the land use portion of the code which governs the number and type of animals. The proposed changes are to increase the number of domestic animals (dogs, cats, etc.) allowed from three to five. He clarified the number of small animals such as hamsters, gerbils, fish, etc. would not be regulated. He said no change was proposed for covered animals (horses, cows, etc.) as long as they complied with adopted animal control regulations governing the size of lot and how the animals must be cared for. Mr. Chave explained the most significant change relates to fowl; the regulations as proposed would allow a period of time to register this use but not allow new uses to be instituted once the registration period ended. Once a resident registered their fowl, an Animal Control Officer would ensure the animals were being maintained according to animal control regulations. If so, the use would be authorized as a non -conforming use. Notification of the registration period would be accomplished via utility bills (a three month process to complete the entire cycle). Councilmember Plunkett asked whether the death of a resident's chickens would end the grandfathered use. Mr. Chave said individual fowl would not be registered, only the use. As long as the use continued, the resident would be allowed to maintain the fowl as long as they complied with animal control regulations. If the use was discontinued for a period of time (90 days was proposed in the ordinance), the use could not be established again. Mayor Haakenson opened the public participation portion of the hearing. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, agreed with the proposal to increase the number of domestic animals from three to five although this may result in more dogs running loose within the City. Edmonds City Council Approved Minutes January 16, 2001 Page 2 He pointed out problems that have occurred on Lake Ballinger due to geese and beaver and recommended the City remove the beavers from the area. Sherry Steckly, 22007 100th Avenue W, Edmonds, requested the number of domestic animals not be increased to five, pointing out the increase in noise and the increase in animal control officer resources would diminish the quality of life in the City. She also cited the possible impact on the Police Department of residents calling 911 regarding barking dogs, etc. when an Animal Control Officer was not available. The proposed increase in the number of domestic animals could increase the number of dogs in their 6-house neighborhood from the current allowable 18 dogs to 30 dogs. She said that was an excessive number for an urban setting. Elaine Yard, 9209 Olympic View Drive, Edmonds, recalled there had been a number of residents including children at the last public hearing regarding this issue who described the importance of pets and the respect/love they gained from the animals. She noted these residents did not feel the need to be present tonight. She pointed out the importance of residents being allowed to use their property. She recommended the Council review former Councilmember White's testimony regarding property owners' right to use their private property. Roger Hertrich, 1020 Puget Drive, Edmonds, distributed a copy of ECDC Chapter 17.60 that refers to performance standards that are maintained by the Planning Department. He also distributed a copy of City Code Chapter 5.05, an ordinance used by Animal Control Officers. He said Chapter 17.60 addressed odors, dust, waste disposal and open storage. Chapter 5.05 addressed noise, running loose and causing damage. He commented although there were two different sections of the code that addressed animals, the Animal Control Officer used only one and not the other and the Planning Department used only one and not the other. He recommended the nuisance section of the code be revised and put in a format the Animal Control Officers could use. When someone complained about an animal causing a nuisance, the Animal Control Officer would have the tools to enforce the regulations. He said this would allow anything that left the property (light, noise, animal, etc.) to be regulated. Colleen Cody, 9406 216th Street SW, Edmonds, stated the regulations should not depend on the number of animals or the type of animals a resident keeps and it should not be limited to only dogs and cats. She noted her family has kept various animals at different times that were not a nuisance to the neighbors. She commented friends have more than five domestic animals; if they were unable to care for them, possibly the animals should be removed. However, if residents are able to care for the animals and they are not causing a nuisance, the animals should be allowed to remain. She recommended utilizing a microchip license rather than license tags for animals. Mayor Haakenson closed the public participation portion of the hearing. Councilmember Davis referred to Mr. Rutledge's comment regarding wildlife and asked how that would be addressed. Mr. Chave answered wildlife would be addressed by the Department of Wildlife. Councilmember Davis recalled the comment that an increase from three to five domestic animals might place a strain on Animal Control Officers. Police Chief Robin Hickok advised the Animal Control Officers participated in the decision to increase the number of domestic animals from three to five and agreed it would not be a burden. He commented many residents are currently out of compliance by having two dogs and two cats so five was identified as an acceptable compromise. Mr. Chave stated testimony provided to the Planning Board indicated problems were created by behavior rather than numbers and the focus of enforcement should be on the animals' behavior and how it was kept. Edmonds City Council Approved Minutes January 16, 2001 Page 3 Councilmember Davis recalled a commen'fihat because',' this :was nuisance driven, perhaps the City should strengthen the nuisance regulations rather than limiting property rights and how a property can be used. Mr. Chave responded that was the approach taken in the proposed amendment. He said amendments to Chapter 5.05 were proposed last year by Animal Control to update the regulations for consistency, to clarify the animal control regulations and allow better enforcement of the regulations. Because the animal control regulations were updated, it was appropriate to update land use regulations. Councilmember Petso posed a hypothetical situation, if a resident had property large enough to accommodate a horse, he/she could acquire a horse. However, unless the property owner registered the chickens, he/she could acquire more horses, goats, pigs, etc. but not chickens. Mr. Chave answered yes as long as the property was large enough to accommodate more covered animals. Councilmember Petso asked why horses but not chickens were allowed. Mr. Chave answered it was due to a history of more complaints regarding fowl, particularly chickens, than complaints regarding covered animals. The number of problems that have arisen regarding chickens indicate it is probably not an appropriate use. He pointed out chickens could be kept on smaller properties than covered animals and therefore could be found in more densely populated neighborhoods. Councilmember Miller referred to Ms. Cody's testimony that allowing only five domestic animals would be too restrictive and asked for clarification regarding the total number of animals allowed. Mr. Chave said five domestic animals would be allowed in addition to chickens and covered animals (if the resident had sufficient property). Councilmember Miller asked if Animal Control Officers had been involved in developing the proposed amendments. Chief Hickok answered yes, they reviewed Chapter 5, the regulations used by Animal Control Officers and worked with Planning on the proposed amendments to Chapter 17 including researching current standards for the amount of property needed for a horse. He commented one of the problems with chickens was they wake their neighbors at 4:30 a.m. Councilmember Plunkett commented the regulations had been under review and modification for over a year. He asked how many public hearings had been held. Mr. Chave answered there had been at least two Planning Board hearings and one Council public hearing. Mr. Chave said the Planning Board discussed the regulations for most of a year. Councilmember Plunkett noted the Community Services Committee also reviewed the regulations. Council President Earling commented there had been excellent citizen participation throughout this process and staff as well as the Planning Board recommended the proposed amendments. He recommended the Council move forward with the ordinance; if weaknesses were identified, further amendments could be made. Mayor Haakenson remanded the. matter to Council for deliberation. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MILLER, TO DIRECT STAFF AND THE CITY ATTORNEY TO DEVELOP AN ORDINANCE FOR APPROVAL ON THE CONSENT AGENDA AS SOON AS POSSIBLE. Councilmember Miller acknowledged Ms. Yard's comment that the previous City Council public hearing on this issue drew a substantial crowd. Tonight there were few people at the public hearing, due i Edmonds City Council Approved Minutes January 16, 2001 Page 4 primarily to the efforts of the Planning Board and Planning staff to develop a fair compromise. He agreed it was appropriate to implement the proposed amendments. Councilmember Plunkett offered to have the matter referred to the Community Services Committee for further review if Councilmembers still had questions/concerns. Councilmember Petso said she would support the portion of the ordinance that did not reflect a change (allowing horses) and the portion that increased the number of domestic animals. She expressed concern with proceeding with the proposal to regulate chickens and preferred to regulate the off -property impacts rather than the chickens themselves. She found it odd that a property owner with sufficient land could have a horse but not chickens. She was confident staff could develop a method that strengthened the nuisance ordinance so that chickens could be regulated by their off -property impacts. She asked if staff considered this. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO TEMPORARILY SUSPEND THE RULES TO ALLOW MR. CHAVE TO ANSWER COUNCILMEMBER PETSO'S QUESTION. MOTION CARRIED UNANIMOUSLY. Mr. Chave said the Planning Board's original recommendation suggested chickens could be kept if regulations were established in Chapter 5.05. He said the Planning Board did not consider the nuisance regulations in the land use code. When Chapter 5.05 was amended, Animal Control was aware chickens created a nuisance. However land use regulations referred to numbers, the amount of property, etc. and issues such as noise, waste removal, etc. were not addressed by land use regulations. Councilmember Petso asked why, if the Planning Board discussed amending animal control regulations, that approach was not pursued. Mr. Chave answered that ordinance was considered by the Council at the last public hearing. Following the discussions with Council in November, staff considered the Planning Board recommendations, recommendations from the Community Service Committee and drafts developed by staff in an attempt to develop a reasonable compromise which resulted in the proposed ordinance. Councilmember Petso asked if it would be possible to draft regulations that would address the off -site impacts of chickens. Mr. Chave said possibly the animal control regulations could be strengthened. He pointed out in light of the history of complaints regarding fowl, it was viewed as an inappropriate use in the City. Mayor Haakenson stated the Council would return to the rules of deliberation. Councilmember Orvis suggested if further review was desired, the matter be referred to the Public Safety Committee because animal enforcement was a public safety issue. He suggested adopting the first two parts of the ordinance and referring the third to committee. UPON ROLL CALL, COUNCIL PRESIDENT EARLING, COUNCILMEMBERS DAVIS, AND MILLER VOTED IN FAVOR OF THE MOTION, AND COUNCILMEMBERS PETSO, PLUNKETT AND ORVIS VOTED IN OPPOSITION, RESULTING IN A TIE VOTE. Mayor Haakenson pointed out numerous public hearings had been held by the Planning Board and City Council and the issue had been discussed extensively by the Community Services Committee. Edmonds City Council Approved Minutes January 16, 2001 Page 5 MAYOR HAAKENSON VOTED IN FAVOR AND THE MOTION CARRIED. 4. AUDIENCE COMMENTS Al Rutledge, 7101 Lake Ballinger Way, Edmonds, commented that the IRS announced returns filed by Apri1 16 may be eligible for a 1997 rebate. To reduce the impact of recent increases in water and sewer Ideas for rates he listed opportunities for saving water such as repairing leaks taking shorter showers running full Saving � pp g P� g � g � g Water loads in the washer and dishwasher, turning off the water while brushing teeth and installing water saving devices. enior Ray Albano, 20916 76th Avenue W, Edmonds, stated he lived on a fixed income and although his itizens/ Social Security increased, his Medicare, co -payment and medicines also increased. He pointed out ixed electricity rates had also increased substantially. He urged the Council, when adopting increases, to ncome realize that the population of Edmonds was aging, the majority of residents are over 60 years old. He said a committee called the "Over the Hill Gang" was being formed to develop initiatives. He also commented the campaign to secure funding for the Public Safety building was worth it. egulation I Roger Hertrich,1020 Puget Drive, Edmonds, commented the Council's vote on amendments to ECDC £Animals Chapter 17.35 regarding regulation of animals was unfortunate because enforcement needed to be addressed in one code. He pointed out with the 33% increase in utility rates, the City's taxes on the tility Rates increase would total over $30.0,000. Those funds should be returned to the citizens but the City stated its utility costs were also increasing. He noted other cities participating in the sewer treatment plant pay their bill in December, causing the City to lose interest that could be collected throughout the year if payment were required on a quarterly basis. On another matter, he stated his opposition to the City -Isle Mary I changing the rate it charged citizens for the library, commenting the current rate was considerably less exation than what Sno-Isle would charge. He urged the Council to consider that shifting the burden for library funding was a form of increased taxation. Roger Oliver, 1031 2nd Avenue S, Edmonds, commended the people who made the Public Safety building possible. He commented the tank -effect of the Council Chambers were reminiscent of the soon to be removed Union Oil tanks and he recommended the outside walls be used to display public art. nimal 5. AUTHORIZATION FOR MAYOR TO SIGN CONTRACT FOR ANIMAL KENNELING Kenneling SERVICES WITH ADIX BED AND BATH FOR DOGS AND CATS, INC. Services Police Chief Robin Hickok explained this issue was presented to the Public Safety Committee who recommended it be presented to the Council. He described kenneling services used by the City over the past 27 years. In 1973, the City took stray animals picked up by animal control to Everett. In the early 1980's, the City began contracting with PAWS which continued for 16 years. Approximately three years ago, PAWS adopted a no -kill policy and due to requirements for more space, they canceled several cities' contracts, including Edmonds. The City then contracted with Adix Bed and Bath, a for -profit agency in the City. He said 75% of dogs picked up are returned to their owners within 1-4 days. Chief Hickok further reported that during the time the City contracted with PAWS, no euthanasia statistics were available. He reviewed euthanasia statistics for 1998 — 2000. In 1998, of the 198 dogs picked up, 6 were euthanized for disposition/behavior; 4 for medical/health/sick, and 2 for space. In 1999, of the 197 dogs picked up, 7 were euthanized for behavior; 2 for medical/health, 1 for space and 2 at the owner's request. In 2000, due in part to Adix Bed and Bath's expansion of their kennel, of the 196 dogs picked up, no animals were euthanized for space, 3 were euthanized for disposition/behavior, 2 for Edmonds City Council Approved Minutes January 16, 2001 Page 6 medical/health, and 1 for injury. He said the City had a higher cat adoption and return to owner rate, 14- 15% versus Everett's rate of 4%. He said much of the reasons the adoption rates had increased was due to Adix Bed and Bath efforts. He was proud of the adoption rate and that no animals were euthanized for space. He recommended the contract with Adix Bed and Bath be continued for three years. Councilmember Petso asked if a six month notice of termination had been added to the contract. Chief Hickok answered yes. Council President Earling observed the expenditure required was $20,400. Chief Hickok indicated the City had saved $14,000 over the past three years by contracting with Adix Bed and Bath. Lynnwood currently pays $33,000 per year for their contract with PAWS. He projected a savings of $40,000 over three years with the contract with Adix Bed and Bath. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PETSO, TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT FOR ANIMAL KENNELING SERVICES WITH ADIX BED AND BATH FOR DOGS AND CATS, INC. Councilmember Plunkett commented the contract before the Council was different than the contract presented to the Public Safety Committee. He said his intent was to discuss issues regarding animal licensing and how those issues could affect the contract for animal kenneling services before a three year commitment was made. Insofar as a 180 day termination clause was added, he would support the contract and the licensing issue could be addressed separately. MOTION CARRIED UNANIMOUSLY. 6. PROPOSED RESOLUTION DECLARING THE NEED FOR THE HOUSING AUTHORITY OF Housing SNOHOMISH COUNTY TO OPERATE WITHIN THE BOUNDARIES OF THE CITY OF Authority of EDMONDS Snohomish County — equest to Development Services Director Duane Bowman explained the proposed resolution would authorize the Aerate in Snohomish County Housing Authority (SCHA) to operate a project within the city limits of Edmonds. Edmonds The project, Edmonds Highlands Apartment complex, is located off Edmonds Way. SCHA's intent is to purchase, operate and manage the complex for low and moderate income housing as well as transitional housing. The Community Services/Development Services Committee reviewed the proposal on December 12 and it was referred to the full Council for review. As directed by the committee, he contacted Lynnwood and Marysville who have complexes operated by SCHA and received positive feedback regarding the operation of SCHA developments within their cities. Lynnwood indicated SCHA took over some complexes that were somewhat questionable in their operation, cleaned them up and there have been no problems with SCHA's operation of those complexes. Mr. Bowman explained the property SCHA proposes to operate in Edmonds is located at 23326 Edmonds Way. The property is currently zoned RM 1.5 and is fully developed. The surrounding uses are a mixture of multifamily, single family and commercial. The property is currently well maintained. Bob Davis, Executive Director, Snohomish County Housing Authority (SCHA), 12625 4th Avenue West, Everett, said the proposal was a new approach for SCHA. In the past several months, the Gates Foundation made a large commitment to transitional housing, to provide housing for low income Edmonds City Council Approved Minutes January 16, 2001 Page 7 families with children facing homelessness. The Gates Foundation asked housing providers in King, Snohomish and Pierce Counties to develop proposals for utilizing these funds. The proposed project would be undertaken in partnership with Pathways for Women. SCHA proposes to acquire and operate the existing multifamily, development utilizing loan guarantees provided by Snohomish County and operate the project as a non-profit development servicing low and moderate income families. The funds provided by the Gates Foundation would be used to set aside 12 units for very low income families who are working with Pathways for Women and are ready for transitional housing with services provided. The Gates Foundation will provide capital grants as well as funds for services on an ongoing basis to assist Pathways for Women in providing services. Mr. Davis explained the SCHA must have the permission of the local jurisdiction to operate within its boundaries. Councilmember Orvis observed off -duty police officers were hired to patrol complexes in other areas and asked if that was planned for this complex. Mr. Davis said security officers were utilized in developments that had substantially deteriorated and that had substantial criminal activity. As part of their turnaround program, security provided by the local police department (paid for out of SCHA's budget) on an ongoing basis was used to stabilize the development. The Edmonds Highlands development is a stable development without criminal activity and does not warrant the need for security. Through Pathways for Women and SCHA's Resident Resources Department, services will be made available to residents of the complex to enhance the community. If a police presence was deemed necessary to improve security, that could be provided by coordinating with the Edmonds Police Department. Councilmember Orvis asked what type of maintenance/renovations were anticipated for the complex. Mr. Davis answered the 10-year old complex was in good condition and few major renovations would be necessary. He said the most likely repair would be to decks and sidewalks, an area where many multifamily complexes throughout the northwest have experienced structural problems due to wet weather. Any problems will be identified via their due diligence process. Councilmember Orvis recalled GMA required the City to provide low income housing. Mr. Bowman answered affordable housing goals were outlined in the Comprehensive Plan and this project would assist the City in meeting those goals. Councilmember Orvis asked if there were currently any projects in the City that qualified as affordable housing. Mr. Bowman answered SCHA operates a senior complex on 3rd. Councilmember Davis asked whether the current residents of the complex would be displaced. Mr. Davis answered there would be no displacement. As turnover occurs, 12 units would be used for Pathways for Women residents. He anticipated the due diligence process would find that over 50% of the existing residents were low income working families that would be eligible to live in the complex. As the development is operated well currently, SCHA plans to retain the current property management company. Councilmember Petso asked whether SCHA or the City had notified residents of the complex and/or adjacent neighbors that this was being contemplated. Mr. Davis answered no, once the purchase and sale agreement was executed, hopefully within the next few days, residents would be informed and meetings scheduled to describe the proposal. Councilmember Petso observed if there was objection from either an existing resident or a neighbor, it would then be too late to do anything. Mr. Davis agreed. Edmonds City Council Approved Minutes January 16, 2001 Page 8 Responding to questions, Mr. Bowman explained there was multifamily development to the south, single family development to the west (at a higher elevation), one single family house immediately to the north, and a mixture of multifamily, commercial and single family development across the street. Councilmember Petso inquired about the property tax implications of this, recalling if the proposal were approved, the property would no longer be subject to property taxes. Mr. Bowman answered ownership by a non-profit agency would remove the property from property tax rolls. Councilmember. Petso asked the .amount of the property taxes. Mr. Davis answered approximately $74,000 per year; of that, Edmonds receives approximately 23-25%. Councilmember Petso asked if the process could be structured so that notice was provided to residents and neighbors. Mr. Bowman answered the City had the authority to grant SCHA permission to operate the project. A public hearing process to accept public input could be established if the Council desired. Councilmember Petso asked Mr. Davis if the project was time critical. Mr. Davis answered as long as the City's approval was granted within 30 days of the execution of the Purchase and Sale Agreement. Councilmember Petso asked if a public hearing could be held within 30 days. Mr. Bowman answered yes, if it was undertaken quickly. He suggested the Council select a date and staff would begin notification. Council President Earling asked if the approach used to present this to the Council was typical of the approach used by the SCHA to request permission to operate within the City. Mr. Davis answered yes, a number of things occur simultaneously, permission is requested from the City, the due diligence process begins, and a contingency loan agreement is requested from the County. He said the current seller's market creates some pressure to complete the transaction. Council President Earling observed unless structural damage identified in the due diligence process needed to be corrected, the complex would not visibly change. Mr. Davis agreed. He said if differences were observed, he could be contacted. Council President Earling commented the only change in the client base would be the 12 transitional housing units. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER DAVIS, TO EXTEND DISCUSSION OF THIS ITEM FOR 10 MINUTES. MOTION CARRIED UNANIMOUSLY. Councilmember Miller expressed concern with approving the resolution without holding a public hearing. Although he did not advocate or object to SCHA, he recalled the impact of locating the Options Program in the City without notifying residents. Due to the unpleasantness of that experience, he was sensitive to the need for a public hearing. He observed the proposal by SCHA was to take over a 120 unit complex and devote 54 units for low/moderate income, 54 units for any family and 12 units as transitional housing. He commented 120 units was a good -size apartment complex and neighbors would likely want to be informed of ownership/management changes and any impacts that may have on the neighborhood. He was also sensitive to the SCHA's desire to execute a Purchase and Sale Agreement and close the sale within 30 days. COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO HOLD A PUBLIC HEARING TO CONSIDER ADOPTION OF THE PROPOSED RESOLUTION AUTHORIZING THE SNOHOMISH COUNTY HOUSING AUTHORITY TO OPERATE WITHIN THE CITY LIMITS OF EDMONDS FOR THE ACQUISITION AND OPERATION OF THE EDMONDS HIGHLANDS PROJECT. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes January 16, 2001 Page 9 The public hearing was scheduled for January.30 2001. '' < 7. REPORT ON COUNCIL COMMITTEE MEETINGS Public Safety Committee Councilmember Plunkett reported the committee discussed the animal control shelter contract with Adix Bed and Bath which was approved as Agenda Item 5. He commented much of the discussion at the committee was resolved by the change in the contract. Due to time devoted to discussion regarding the contract with Adix, discussion regarding fees for licensing animals was tabled for a future meeting. mance Finance Committee ommittee Councilmember Davis reported Administrative Services Director Peggy Hetzler responded to concerns/questions submitted by Councilmember Orvis regarding General Fund impacts resulting from Sno-Isle annexation. The committee recommended this issue be discussed further at the Council retreat. The second item discussed by the committee was the effect of electrical utility increases on the City including additional revenues generated by increased utility rates as well as the additional costs the City will incur. The committee recommended this be incorporated into the discussion at the retreat regarding impacts to the General Fund. ommunity Community Services/Development Services Committee Services/ Councilmember Orvis reported the committee discussed the City's policy regarding undergrounding Se. ommittee utilities. Under federal law, the City cannot give preferential treatment to any cable provider. Cable providers have been installing cable along Hwy. 99 and are now turning west. Some of the cable providers would like to use the utility pole, however, the City's code requires all new utilities be undergrounded to protect the community from unsightly clutter as well as to protect views. Staff has been very consistent in applying the code but there was some concern regarding making the interpretation consistent with the code. The committee directed staff to develop a draft ordinance to reflect the current interpretation. 8. MAYOR'S REPORT Mayor Haakenson had no report. no. County 9. COUNCIL REPORTS Cities & Towns Council President Earling announced the Snohomish County Cities and Towns meeting on January 25 Meeting and encouraged Councilmembers to become active in this organization. Public Councilmember Plunkett observed Mayor Haakenson had put his heart and soul into getting the Public Safety Safety building completed. When Mayor Haakenson took office, the building was 30-40% complete Building with innumerable problems that occurred on a daily basis. Councilmember Plunkett expressed his thanks Completion to Mayor Haakenson for overseeing the building completion. Councilmember Plunkett also expressed his appreciation to Facilities Manager Tom King, City Clerk Sandy Chase, Senior Executive Council Assistant Jana Spellman, Administrative Assistant Linda Ross, Engineering Project Specialist Jim Roberts, Construction Engineer Mike Linn and Electrician Gene Evans. an urces Councilmember Orvis advised the Comprehensive Human Resources Committee meets January 17 at mittee Ioe 4:30 p.m. Edmonds City Council Approved Minutes January 16, 2001 Page 10 ort Councilmember Davis reported on a Port of Edmonds work meeting he attended where the main topic was further discussion regarding the Port's master plan and how the Port will change in the future. He said the meeting was well attended and the Port is well on its way to making improvements. With no further business, the Council meeting was adjourned at 8:35 p.m. 4 : 2i� GXRY Vl � ON, MAYOR SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes January 16, 2001 Page 11 1 AGENDA EDMONDS CITY COUNCIL Council Chanbers,; `Publid"Safety Complex 250 5t" Avenue North 7:00 -10:00 p.m. JANUARY 16, 2001 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 JANUARY 2, 2001 (C) APPROVAL OF CLAIM CHECKS #45563 THROUGH #45599 FOR THE WEEK OF DECEMBER 25, 2000, IN THE AMOUNT OF $66,526.19. APPROVAL OF CLAIM CHECKS #45601 THROUGH #45712 FOR THE WEEK OF JANUARY 1, 2001, IN THE AMOUNT OF $551,467.42. APPROVAL OF CLAIM CHECKS #45713 THROUGH #45720 FOR THE WEEK OF JANUARY 8, 2001, IN THE AMOUNT OF $1,523.26. APPROVAL OF PAYROLL CHECKS #32057 THROUGH #32155 FOR THE PERIOD DECEMBER 16 THROUGH DECEMBER 31, 2000, IN THE AMOUNT OF $341,602.82. (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM MICHAEL SUSSMAN ($774.32), AND JEANETTE GUSTAFSON (AMOUNT UNDETERMINED) 3. (60 Min.) PUBLIC HEARING REGARDING PROPOSED AMENDMENTS TO EDMONDS COMMUNITY DEVELOPMENT CODE CHAPTER 17.35, REGULATION OF ANIMALS IN THE ZONING CODE. THE CITY COUNCIL IS SEEKING PUBLIC COMMENT ON AN UPDATE TO THE ZONING CODE WHICH WOULD ALLOW THE FOLLOWING: Increase the number of "domestic animals" (dogs, cats, etc.) permitted from 3 to S. Permit "covered animals" (horses, cows, etc.) so long as they comply with adopted animal control regulations governing size of lot and how the animals must be cared for (no change from existing code). Permit fowl (chickens, ducks, etc.) as a "grandfathered" use only, and establish a registration process to identify the existing grandfathered uses. 4. AUDIENCE COMMENTS (3 Minute Limit Per Person) 5. (20 Min.) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT FOR ANIMAL KENNELING SERVICES WITH ADIX BED AND BATH FOR DOGS AND CATS, INC. 6. (10 Min.) PROPOSED RESOLUTION DECLARING THE NEED FOR THE HOUSING AUTHORITY OF SNOHOMISH COUNTY TO OPERATE WITHIN THE BOUNDARIES OF THE CITY OF EDMONDS 7. (15 Min.) REPORT ON COUNCIL COMMITTEE MEETINGS 8. ( 5 Min.) MAYOR'S REPORT 9. (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.