02/21/1995 City CouncilApproved City Council Minutes
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EDMONDS CITY COUNCIL APPROVED MINUTES
FEBRUARY 21,1995
The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Laura Hall in the Library
Plaza Room, 650 Main Street. The meeting was preceded by the flag salute.
ELECTED OFFICIALS PRESENT
Laura Hall, Mayor
Tom Petruzzi, Council President
Barbara Fahey, Councilmember
William J. Kasper, Councilmember
Michael Hall, Councilmember
Roger L. Myers, Councilmember
John Nordquist, Councilmember
ABSENT
Dave Earlmg, Councilmember
STAFF PRESENT
Tom Miller, Police Chief
Michael Springer, Fire Chief
Brent Hunter, Personnel Manager
Arvilla Ohlde, Parks and Recreations Manager
Art Housler, Administrative Services Director
Paul Mar, Community Services Director
Rob Chave, Planning Manager
Jeff Wilson, Planning Supervisor
Noel Miller, Public Works Superintendent
Scott Snyder, City Attorney
Sandy Chase, Deputy City Clerk
Christine Laws, Recorder
Mayor Hall announced that she was being taped on CNN and was going to have to leave about 8:30 at
which time she will turn the meeting over to Council President Tom Petruzzi. The interview was to deal
with the Oxford case that City Attorney Scott Snyder will be arguing before the Supreme Court on
March 1, 1995. It was unsure when the interview would be aired.
1. APPROVAL OF AGENDA
Council President Tom Petruzzi asked to move Items D and N from the Consent Agenda and make them
Items 9 and 10, respectively, moving the Mayor to Item 11 and Council to Item 12. He also added a 20
minute Executive Session on a real estate matter as Item 13.
Councilmember Roger Myers requested moving Item 6 to Item 4, moving everything else down one.
COUNCILMEMBER BARBARA FAHEY MOVED, SECONDED BY COUNCIL PRESIDENT
TOM PETRUZZI TO APPROVE THE AGENDA AS REVISED. MOTION CARRIED.
2. CONSENT AGENDA ITEMS
Councilmember Myers asked to pull Item C. He indicated a memo had been received from City Clerk
Rhonda March regarding some needed changes of a housekeeping nature to the minutes of February 14.
COUNCILMEMBER ROGER MYERS MOVED, SECONDED BY COUNCILMEMBER
BARBARA FAHEY, THAT THE HOUSEKEEPING CHANGES SUGGESTED BY CITY CLERK
RHONDA MARCH BE INCORPORATED INTO THE MINUTES OF FEBRUARY 14 AND
THAT THE REVISED MINUTES BE APPROVED. MOTION CARRIED.
APPROVED CITY COUNCIL MINUTES
FEBRUARY 21, 1995
PAGE 1
Councilmember Bill Kasper pulled Items G, I, S, U and V.
COUNCILMEMBER BARBARA FAHEY MOVED, SECONDED BY COUNCIL PRESIDENT
TOM PETRUZZI, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION
CARRIED. The agenda items passed are as follows:
ppf.
(A)
(B)
(E)
ROLL CALL
APPROVAL OF MINUTES OF FEBRUARY 7, 1995
ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM R. SCOTT NEUDORFER
($92.30) AND JAMES HOWARD KRIETLE, SR (AMT. UNKNOWN)
AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONSULTANT
CONTRACT WITH DEWILLIAM/CHARF FOR LIMITED FEASIBILITY STUDY FOR
LOCATING AN AQUATIC/RECREATION COMPLEX ($14,231)
AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH EDMONDS CHAMBER OF
COMMERCE FOR 4TH OF JULY EVENTS
APPROVAL OF FINAL PLAT FOR "HELLEREN LANE" AND AUTHORIZATION FOR
MAYOR TO SIGN FINAL PLAT DOCUMENTS (APPLICANT: WARREN MURPHY ET
AL. / FILE NO. P-94-55)
ACCEPTANCE OF EASEMENTS ON SUMMIT LANE FOR WATER MAIN
(L) ACCEPTANCE OF UTILITY EASEMENT FOR HELLEREN LANE
(M) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW UPHOLDING THE
APPEAL OF .HEARING EXAMINER'S DECISIONS GRANTING APPROVAL OF A
CONDITIONAL USE PERMIT AN A HEIGHT VARIANCE (FILE NO. V-94-168) APPLIED FOR
BY CELLULAR ONE FOR THE CONSTRUCTION OF A 60-FOOT TALL MONOPOLE
CELLULAR TOWER ON A BN ZONED PARCEL LOCATED AT 10030 EDMONDS WAY
(Appellant: Karen Singleton - File No. AP-94-202 / Applicant: Cellular One - File Nos. CU-94-167
& V-94-168)(from hearing of February 7, 1995)
W
ACCEPTANCE OF UTILITY EASEMENT AT 829 ALOHA STREET FROM MICHEL
CONSTRUCTION, INC.
ACCEPTANCE OF 5-FOOT STORM DRAINAGE EASEMENT AT 1057 DALEY STREET FROM
CLASSICO HOMES, INC.
REPORT ON FINAL CONSTRUCTION COST FOR THE 72ND AVENUE/212TH STREET
SIGNAL PROJECT AD COUNCIL ACCEPTANCE OF PROJECT
REPORT ON FINAL CONSTRUCTION COSTS FOR THE LIFT STATION BACKUP POWER
PROJECT AN COUNCIL ACCEPTANCE OF PROJECT
AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT WITH SNOHOMISH
COUNTY FOR FCAAP FUNDING FROM STATE DEPARTMENT OF ECOLOGY FOR TALBOT
ROAD STORM DRAINAGE IMPROVEMENTS
APPROVAL OF WASTEWATER TREATMENT PLANT JOB DESCRIPTIONS (from Finance
Committee of February 14, 1995)
* RESOLUTION 811 INCREASING FIRE DEPARTMENT APPROPRIATIONS BY $6,000 AND
TRANSFERRING BALANCE OF 1994 ENDING CASH BALANCE OF GENERAL FUND #001 TO
THE COUNCIL CONTINGENCY FUND #119 (from Finance Committee of February 14, 1995)
*See Minutes of 3/21/95, page 2, paragraph 2. $6T999 $8,000
APPROVED CITY COUNCIL MINUTES
FEBRUARY 21, 1995
PAGE 2
�11(Y) APPROVAL TO EXTEND BANKING SERVICE AGREEMENT FOR ONE YEAR PER
EXISTING AGREEMENT WITH U. S. BANK (from Finance Committee of February 14, 1995)
to
Councilmember Kasper pulled Item G because he felt that without a map showing the boundaries, the
booth locations needed to be addressed prior to approval. He indicated a need for access to some properties
during the Edmonds Arts Festival. Arvilla Ohlde will arrange to have access.
COUNCILMEMBER BILL KASPER MOVED, SECONDED BY COUNCILMEMBER ROGER
MYERS, TO APPROVE ITEM G. MOTION CARRIED. The item passed is as follows:
(G) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH EDMONDS ARTS FESTIVAL
Councilmember Kasper pulled Item I for the reason there was not a map showing the boundaries and where
the stands would be located. He was provided a map.
COUNCILMEMBER BILL KASPER MOVED, SECONDED BY COUNCILMEMBER MICHAEL
YJ HALL, TO APPROVE ITEM I. MOTION CARRIED. The item passed is as follows:
(1) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH EDMONDS CHAMBER OF
COMMERCE FOR TASTE OF EDMONDS
Councilmember Kasper pulled Item S because he thinks it should be moved to a work session. He said the
City had job descriptions that require Public Works mechanics to furnish their own tools, yet they are
buying a whole set of tools for everybody. It must be dealt with separately. He talked to Staff about that.
Noel Miller, Public Works Superintendent, advised that Brent Hunter had pulled the current job description
of February 1987, and they could not find where it was a requirement. He thinks it more a policy.
Councilmember Kasper thinks that because it is a policy of the City it should be moved to a .work session
for audit. Council President Petruzzi suggested that since it was a $16,500 expenditure it should be moved
to the next Committee Meeting through the Finance Committee.
Councilmember Mike Hall asked that the matter be put to a vote. He confirmed with Mr. Miller that this
amount had been budgeted. Mr. Miller went on to state that many agencies do supply tools for their
mechanics. The City supplies tools to all other personnel. Councilmember Hall suggested there was
liability if the employees were asked to bring their own tools to work. He thinks the City should provide
the tools needed for these people to work for the City. He does not favor delaying this matter any further.
Councilmember Kasper said he had today spoken with three different people and received three different
responses to his question. When Greg was hired, he was the last man hired that didn't have to bring his
own tools. Since then, they have brought their own tools. There are only two mechanics plus Greg, and
three sets are requested. He feels it obvious they have been supplying their own tools, that it is in their job
description and has never been changed.
Mayor Hall stated that in this instance it was not in the job description. She also mentioned that talking to
three staff members takes up staff time, and she suggested he could go to her office any time for answers.
City Attorney Scott Snyder advised that three motions would be in order: a motion to approve, a motion to
table, or a motion to continue to a work session.
COUNCILMEMBER BILL KASPER MOVED, SECONDED BY COUNCIL PRESIDENT TOM
PETRUZZI, THAT ITEM S BE TABLED. ROLL CALL OF COUNCIL SHOWED: MYERS,
NO; FAHEY, NO; HALL, NO; KASPER, YES; NORDQUIST, YES; PETRUZZI, YES. MAYOR
HALL VOTED NO. MOTION FAILED.
APPROVED CITY COUNCIL MINUTES
FEBRUARY 21, 1995
PAGE
COUNCILMEMBER MICHAEL HALL MOVED, SECONDED BY COUNCILMEMBER
BARBARA FAHEY, TO APPROVE ITEMS. ROLL CALL OF COUNCIL SHOWED: HALL,
YES; KASPER, NO; MYERS, NO; PETRUZZI, YES; NORDQUIST, NO; FAHEY, YES. THE
VOTE WAS 3-3. CITY ATTORNEY SNYDER ADVISED THAT WHILE THE MAYOR CAN'T
VOTE ON A MATTER FOR THE APPROVAL OF FUNDS, THE MONEY IS ALREADY
BUDGETED, THEREFORE SHE CAN BREAK THE TIE. MAYOR HALL VOTED YES.
MOTION CARRIED.
COUNCIL PRESIDENT TOM PETRUZZI MOVED, SECONDED BY COUNCILMEMBER
ROGER MYERS, FOR RECONSIDERATION OF THE LAST MOTION. ROLL CALL OF
COUNCIL SHOWED: MYERS, YES; FAHEY, NO; HALL, NO; KASPER, YES; NORDQUIST,
YES; PETRUZZI, YES. THE VOTE IS 4-2. MOTION CARRIED.
COUNCILMEMBER MIKE HALL MOVED, SECONDED BY COUNCILMEMBER BARBARA
FAHEY, TO APPROVE ITEM S. ROLL CALL OF COUNCIL SHOWED: HALL, YES;
KASPER, NO; MYERS, NO; PETRUZZI, NO; NORDQUIST, NO; FAHEY, YES. THE VOTE
WAS 4-2 AGAINST. The item defeated was as follows:
(S) AUTHORIZATION TO CALL FOR BIDS TO PURCHASE 3 HAND TOOLS AND 3
ROLLAWAY TOOL BOXES
Council President Petruzzi indicated his desire to have the Finance Committee list this as an item discussion
•� on the next Committee Meeting on March 14.
Councilmember Kasper pulled Item U because he wished to vote against it.
COUNCILMEMBER MICHAEL HALL MOVED, SECONDED BY COUNCILMEMEER BARBARA
FAHEY, TO APPROVE ITEM U. COUNCILMEMBER BILL KASPER VOTED NO. MOTION
CARRIED. The item passed is as follows:
(U) APPROVAL OF CONFIDENTIAL SECRETARY POSITIONS (from Finance Committee of
February 14, 1995)
Councilmember Kasper pulled Item V because it, again, has to do with the lead mechanic's job and is the
Oisame situation where the job description is inconsistent with what the practice has been in the department.
Mayor Hall confirmed with Councilmember Kasper that he was aware this came from the Finance
Committee. He said neither the Finance Committee nor he were aware of the situation until today of the
job description situation.
COUNCILMEMBER ROGER MYERS MOVED, SECONDED BY COUNCILMEMBER
BARBARA FAHEY, TO APPROVE ITEM V. COUNCILMEMBER BILL KASPER VOTED NO.
MOTION CARRIED. The item passed is as follows:
(V) APPROVAL OF LEAD ' MECHANIC JOB DESCRIPTION (from Finance Committee of
February 14, 1995)
3. AUDIENCE
Dorothy P. Gross, 10615 - 237th Place SW, in the Woodway Meadows neighborhood of unincorporated
Snohomish County, presented a request for annexation to the city of Edmonds. This request is on behalf of
the Holiday Hills, Sherwood Village, and Woodway Meadows neighborhoods and certain contiguous
streets, all within Lane voting precinct. The area contains approximately 191 households, a school
APPROVED CITY COUNCIL MINUTES
FEBRUARY 21, 1995
PAGE 4
property, and a cemetery. The package submitted for consideration includes a map of the area of 105
residents supporting the request.
Clyde Davison, P. O. Box 1041, Edmonds, indicated his desire to speak on the Agenda Memo regarding
the Treatment Plant positions specifically relating to Plant Maintenance Supervisor and Plant Operations
Supervisor. He is adamantly opposed to these positions going salary non-exempt because the Treatment
Plant is grossly understaffed, and these positions would for the most part be non -working. He stated they
are running on a ghost staff right now. He does not feel the author of the memo is aware of the problems.
He thinks it counterproductive in that it worsens the situation. He suggested this matter should be stricken
from the agenda and discussed further. He said he represented just about everyone at the Plant. Mr.
-Q Davison said they had been told at several meetings that this situation was not going to take place. He
received the Agenda Memo today. Mayor Hall suggested that since Council couldn't act on this, that Mr.
Davison take the matter up with Brent Hunter. Discussion ensued regarding the fact that this had been on
the Consent Agenda already passed and that the matter can now only be readdressed through Mr. Hunter.
Councilmember Hall expressed his opinion it was nice to see City employees coming to Council meetings
and his appreciation for the feedback. Mayor Hall expressed appreciation for the big orders run through a
very lean staff.
Gary Ostlund, 22604 - 106th Avenue West, presented a memorandum to Council and commented on
Q Agenda Items 6 and 7. He had received in writing that the applicant on Item 6, the OneComm Corp.,
actually withdrew its application, and that withdrawal had been accepted. His written comments are
basically regarding the Comprehensive Plan and made assuming the OneComm application has been
withdrawn. He said the attachments to his letter are significant for impacting the city as far as upcoming
Comprehensive Plan issues. He expressed his belief the system works and thanked Council and the Mayor
for putting up with some of the rather vocal residents. He believes, though, that the real issues were
addressed which are the height restriction in Edmonds and what it will mean for the community down the
road to adhere to that. He went on to state that he is an advocate for the purpose of the cellular towers.
Cellular communication is here, and higher levels of technology are coming upon us. Because of that, he
believes it even more urgent that this issue be addressed in the Comprehensive Plan. There should be a
place for those towers if a tower is what it takes. Possibly the water tower issue could again come up for
consideration as a logical place for everybody to locate these towers. He thinks perhaps locating more than
one company's tower antenna upon a high structure like that might actually benefit the city.
Al Rutledge, 7101 Lake Ballinger Way, Edmonds, spoke regarding the Edmonds School District 15 school
bus. He recommended that Councilmembers write individual letters to their school districts about the
school bus for kids. He noted a program on TV showing parents, clowns, and students from the third,
fourth and fifth grades showing what happens when they jump around in buses. This was put on TV, but
he hasn't seen anything in the local papers.
Mr. Rutledge went on to discuss the issue of the $75,000 grant that was written up in the Seattle Times. A
couple of weeks ago he spoke to the police department and advised them that Congress was arguing about
eliminating this. He stated that right now there are no grants and that if this bill is signed, they will give
money to states and cities to do what they want with the money.
Mr. Rutledge said that as far as the Lake Ballinger issue is concerned, the recommendation of the Lake
Ballinger residents is for the City to work with Mountlake Terrace to drop the lake five to six inches at a
J , certain date. He said you have to go to the State of Washington to do this because of its guideline on how
high these lakes can be. When Council meets with the people on the 28th of February, it would be
1 appreciated if the subject would be brought up concerning dropping the lake.
1
APPROVED CITY COUNCIL MINUTES
FEBRUARY 21, 1995
PAGE
Mr. Rutledge further announced that he had talked to the School District regarding the Master Plan -
ordinance concerning drainage. He said they do not have in the school bond $250-300,000 necessary for
this new drainage system. He reported the District had suggested it may need another bond issued.
' The audience portion of the meeting was closed.
V
4. CONTINUED HEARING FROM JANUARY 17, 1995 ON APPEAL OF HEARING EXAMINER'S
DECISION TO GRANT APPROVAL OF VARIANCE AND A CONDITIONAL USE PERMIT TO
INCREASE THE MAXIMUM PERMITTED HEIGHT FOR A CELLULAR
COMMUNICATIONS MONOPOLE AT 650 EDMONDS WAY (APPLICANT: ONECOMM
CORP. - FILE NOS. V-94-152 AND CU-94-151 / APPELLANT: PETER HART, ET AL - FILE
NOS. AP-94-181)
t7 Current Planning Supervisor Jeff Wilson noted that Council packets contain the letter from OneComm
Corporation indicating their desire to withdraw their variance application and the Conditional Use Permit
application. Staff responded by acknowledging the withdrawals. If the applicant wants to reinitiate these
processes, it would have to start all over. He recommended that Council acknowledge the requests for
withdrawal and close the continued public hearing.
City Attorney Scott Snyder advised that once Council has opened a public hearing, it has sole jurisdiction
over whether a matter is withdrawn or continued. Council has to take action Since it can only act at a
public hearing, Staff could do no more than acknowledge the withdrawal. He suggested a motion to accept
the withdrawal of the applications so that the record is complete.
COUNCILMEMBER JOHN NORDQUIST MOVED, SECONDED BY COUNCILMEMBER
MICHAEL HALL, TO ACCEPT THE WITHDRAWALS OF THE TWO APPLICATIONS.
MOTION CARRIED.
� Mayor Hall announced to the audience that this matter would not be further discussed. Council President
Petruzzi reiterated that this effectively means these applications are dead. He announced that at the work
meeting on March 28, Council will be discussing the possibility of a moratorium on these towers until we
are able to decide how and where to allow them to be built. Mayor Hall said that, based on her
conversation with OneComm, they want further directive.
5. PROCLAMATION AND PRESENTATION IN RECOGNITION OF PARKS AND RECREATION
SERVICES
Parks and Recreation Manager Arvilla Ohlde placed a watercolored proclamation that is waiting to be
signed in front of Mayor Hall. Ms. Ohlde said that it was an honor to come before Council and
compliment the City of Edmonds on its continued support of the Parks and Recreation services to the
citizens of the community. Cities who provide parks and recreation services understand the importance of
the programs to assure the health of their communities. The benefits can be viewed in the lives of the
people served.
The National Park and Recreation Association, the Pacific Northwest Regional Council, and the
Washington Recreation and Park Association has prepared a proclamation that is traveling throughout the
state in honor of the benefits of parks and recreation and what they contribute to the health of the
community. Additionally, a 12-minute video presentation was prepared which displays the benefits of
APPROVED CITY COUNCIL MINUTES
FEBRUARY 21, 1995
PAGE
parks and recreation in the areas of personal, social, economic and environmental benefits. The National
Parks and Recreation Association has produced a publication called "Beyond Fun & Games"' which
provides evidence of emerging roles seen in our communities in public recreation. It includes profiles on
successful programs that illustrate and clarify the need for diversity in our communities as they try to put
out a positive impact to the citizens and society as they become increasingly at risk. A photocopy of the
publication was presented to Deputy City Clerk Sandy Chase for the Council library along with a copy of a
Time Magazine article. On November 14, 1994, Time Magazine did a nationwide study on the benefits of
recreation in the prevention of youth crime. The title was "Going Soft on Crime." Ms. Ohlde next showed
the video presentation.
At Ms. Ohlde's request, Mayor Hall read the Proclamation. Mayor Hall indicated the City of Kent, City of
Renton, and City of Bellevue have already signed the Proclamation. Mayor Hall further commented on
Ms. Ohlde's hard work and travel in working on parks, working on combining with police activity all over
the country, putting on workshops, and working on receiving grants for the City of Edmonds to bring our
money home.
COUNCILMEMBER BARBARA FAHEY MOVED, SECONDED BY COUNCILMEMBER
ROGER MYERS, FOR PASSAGE OF THE PARKS AND RECREATION PROCLAMATION.
MOTION CARRIED.
6. REPORT ON FEDERAL CRIME BILL FUNDING AND AUTHORIZE FUNDING OF ONE
POLICE OFFICER
Police Chief Tom Miller said Council should have received packet information on the COPS FAST Federal
Crime Bill funding discussed in the Public Safety Committee and public budget hearings as it regards the
funding in this particular program for communities under 50,0000. He. reminded Council that Edmonds
has received a $75,000 grant over three years for the COPS FAST funding, and the letter of commitment
!( from the Department of Justice is included in the packets. He expressed his pleasure on receiving the grant.
Council President Petruzzi asked the question Mr. Rutledge brought up concerning Congress wanting to
dismantle this operation. He expressed concern over whether the City would actually receive the monies.
Chief Miller responded that he had talked to Steve Carlisle about this last week when he called. He said the
funding was there now and urged the City to act swiftly in order to obligate the money so that any changes
that might come as a result of action by Congress won't preclude Edmonds taking and obligating the
money. It has been explained to Chief Miller that if Congress should make any changes to the Crime Bill,
it will not be retroactive to money that is obligated to cities such as the money we have from them. Next
year's rounds or rounds made later in the year may have problems because of changes. Council President
Petruzzi confirmed that Chief Miller was asking for a $22,500 local match and that the Department intends
to hire in about two weeks. He asked Chief Miller for assurance that the money would be received. Chief
Miller could only base his assurances on what he had been told by the Department of Justice. Discussion
followed concerning the City funding 47% of the cost of an additional officer. It is Chief Miller's
understanding the "apple" is there for a full three years.
Councilmember Fahey voiced support of this action. She reminded Council that during the budget process
she had reserved the fact that the City might have to fund not just one, but possibly four, of these positions.
She complimented Chief Miller on moving forward with this and procuring the funds for us to have one
new officer.
COUNCILMEMBER BARBARA FAHEY MOVED, SECONDED BY COUNCILMEMBER
MICHAEL HALL, THAT COUNCIL AUTHORIZE THE FUNDING FROM THE COUNCIL
APPROVED CITY COUNCIL MINUTES
FEBRUARY 21, 1995
�v PAGE 7
CONTINGENCY FUND TO HIRE ONE POLICE OFFICER, WITH A COMMITMENT TO
ABSORB THE POSITION AT THE END OF THE GRANT PERIOD. COUNCILMEMBER BILL
KASPER NOTED THAT WITH THE ANNEXATIONS UPCOMING, HIRING WILL
PROBABLY BE DONE ANYWAY. MOTION CARRIED.
Councilmember Hall thanked Chief Miller for his work. He cited it as an example of using our resources
well in sending him to the East Coast. Being there when the funds were being distributed could be
responsible for our getting these funds.
7. HEARING ON UPDATED COMPREHENSIVE PLAN
nw Rob Chave, Planning Manager, reported that the purpose of this item was to have a general hearing on the
��• updated Comprehensive Plan to allow people to provide general comments on the issues, concerns and
ideas they have before the specific element -by -element language reviews are begun in March. This is the
first and only opportunity for public input on general subjects. After the hearing is closed, Mr. Chave
�j would like to briefly run down some of the various items that are related to the Comprehensive Plan that
are eluded to in the Council packets. There are a lot of implementation issues at various stages of
completion that will be seen in addition to the plan elements.
Mayor Hall opened the public portion of the hearing with Roberta Goodnow, Cellular One, 617 Eastlake
Avenue West, Seattle. , She said that her position is working with cities and counties throughout the state on
their growth management efforts as well as instituting some development regulations to accommodate
cellular and wireless technologies in local land use and zoning codes. She expressed interest in Cellular
One working with some of the community groups to include wireless and cellular communications into the
Edmonds growth management efforts, Comprehensive Plans, and eventual development regulations.
Cellular One, working with its competitor U. S. West New Vector, have developed a model ordinance for
incorporation of cellular and wireless facilities in local land use and zoning codes. Their efforts are part of
a larger consortium of utilities which include the more traditional utilities and which is also working on its
own developmental regulations. They are going out as a group of utilities and calling on cities and counties
for input. Ms. Goodnow hoped a positive approach could be derived rather than a moratorium. She
suggested an ad hoc task force composed of community stakeholders, city residents, etc., to develop those
policies.
Jane Tuttle, 7723 - 209th Street SW, Edmonds, used a map made by Sherry Hendricks to show where she
lives and to provide visual clarification of the areas she was discussing. She stated that she lives North of
212th and that 77th, 78th, and 209th make up the fork of roads and the culdesacs. She indicated that in
some of the maps that have been produced for the Comprehensive Plan rezoning has been involved in that
area. She asked that the area not be rezoned. Her neighborhood is all single-family homes, multi -ethnic,
and a wonderful neighborhood which she would like to see stay that way. Ms. Tuttle also thanked the
people who work on the planning area of the city as they have been very helpful when questioned.
Roger Hertrich, 1020 Puget Drive, imagines that the Comprehensive Plan includes the Westgate area and
the Westgate Planning Study that has never been completed. He wondered if that would be pursued in line
-..`` with this program, if it was a separate study, and whether there was an intention to complete it.
� V'
Mr. Hertrich also noted his belief that the traffic element for the Comprehensive Plan has not yet come to a
satisfactory end. He thinks there are a lot of people who feel the traffic situation will be "swept under the
rug". He said he referred to the study that was discussed for during the non -ferry time. He has spoken to
no one who had seen a traffic counter. He feels there are some things falling behind which he hopes can be
resolved.
APPROVED CITY COUNCIL MINUTES
FEBRUARY 21, 1995
PAGE
Councilmember John Nordquist responded to Mr. Hertrich by suggesting that he pick up an agenda to the
February 22 Planning Board meeting. Item 6A is a review of the Westgate Study and Highway 104
corridor.
Chris Kirk is the architect who has been working with the Stevens Hospital District on its Master Plan
/ which is part of the Comprehensive Plan. The Master Plan draft was submitted in October. Since then
there have been discussions with Council members, the Planning Board, and the citizens' committee through
�( which they have learned a lot about the city's interests and concerns about the hospital's relationship to
Highway 99 and the commercial potential of that area. He reviewed some proposed clarifications or
additions to the hospital's Master Plan that are related specifically to what has been learned. The District is
not currently planning any significant development on the campus other than the central mechanical
building which is up near the existing buildings. Any future inpatient clinical facilities will be located near
the existing hospital buildings, toward the West side of the campus away from Highway 99. The District
has no plans to purchase additional non -medical property fronting on Highway 99. The District's need for
outpatient facilities could be met in building shared commercial uses, and the District would encourage the
development of high quality, mixed -use commercial projects along Highway 99 which could include both
retail and medical uses. The District would support the City if the City proposed rezoning the multi -family
area North of the hospital campus for medical or commercial uses. If that happened, the District would
strongly consider that area for growth. It has not done it to this point because it did not want to be first to
suggest that the single-family houses should be displaced by an institution. The East boundary of the
Master Plan_ area is now proposed to be moved Westward away from Highway 99 so that property facing
the West side of Highway 99 remains as a general commercial area which will allow the same variety of
commercial uses it does today. The boundary of the medical use zone has not been determined but would
be pulled back at least one property depth behind Highway 99. It is hoped the City would support and
assist the Hospital District with development of hospital identification on Highway 99 and improvements
along 216th Street which create an appropriate entrance to the hospital campus. The area of greatest
allowable height in the Master Plan area have no height limit. The Master Plan proposed a step -height
envelope over the hospital campus and that the highest part in the center which runs into and abuts the
City's high-rise zone along Highway 99 would have no height limit.
Councilmember Kasper asked if what was presented was a new height map. Mr. Kirk indicated it was
pretty much the same except that it has dimensions shown. Councilmember Kasper indicated he had talked
to Staff about this, and it appears there is nothing in there that talks about side yards and setbacks, only
height. He noted that while there was not previously concern over height limit, today an unlimited height
limit is being discussed. He asked Mr. Kirk if they could live with a height limit, and Mr. Kirk said they
could. Mr. Kirk further stated that they had originally proposed a 120' height limit which is about the
height of the existing hospital tower. It was suggested by people in the oversight committee that possibly
that height should be unlimited. It was not the District's proposal. They could live easily with the 120'
originally proposed. Councilmember Kasper expressed his belief that with CG-2 they had a limit with an
ability to higher by conditional use permit. Mr. Kirk agreed it was somewhat confusing because originally
the District did not propose specific heights or dimensions in the Master Plan; it would be part of the
zoning. City staff thought it might be better to bring it back and put it into the Master Plan.
Councilmember Kasper asked for clarification on oversight committee. He was advised it consisted of
citizens and two City Council.members that have been reviewing the Master Planning process and the
development of the zoning code and land use regulations. Councilmember Kasper said he had been advised
that has to do with the ADB and not the entire zoning in the Comprehensive Plan.
Mayor Hall called upon Rob Chave for comment. He indicated that basically the group was formed to look
at specifically ADB related issues and some other items including how to go through the master planning
APPROVED CITY COUNCIL MINUTES
FEBRUARY 21, 1995
PAGE 9
process. It involves looking at how the Master Plans work in the Comprehensive Plan and also how those
are implemented in the zoning codes.
Council President Petruzzi asked Mr. Kirk if these were additions or clarifications. Mr. Kirk answered
that the moving of the boundary of the Master Plan area is a new point; having no height limit in the
highest part of the campus is a new point; the rest is more or less clarifications. Council President Petruzzi
said he didn't have a problem generally with the 120' height limit. His concern was it sounding like the
District wanted to push the envelope right to the boundaries rather than step up the heights. Mr. Kirk
assured that the District is still proposing the step plan as shown.
Councilmember Fahey commented that she is a member of the oversight committee, and they have worked
through this and tried hard to reflect in the Master Plan the previous planning and desires that have gone on
the part of the Council, especially related to Highway 99 and the height nodes. She complimented Mr. Kirk
on the work done by the hospital to reflect the concerns and bring the clarifications forward.
Gretta McKay lives at 1118 - 1 lth Place North which is at the corner of 1 lth and Puget Drive. She asked
if there had been any consideration given in the Master Transportation Plan to the noise pollution of
Highway 524 that goes past her house and others along the area. She had heard in original meetings that
there were scheduled for either three or four lanes from the top of 196th down to Caspers. If not, she
wanted to bring attention to the fact that neighbors cannot speak to one another across the road on 1 lth,
12th, or Viewland due to the noise pollution of that street. She asked Council to consider the quality of the
lives on that street.
Sherry Hendricks, Project Manager for the Edmonds-Woodway High School for the School District
highlighted the previously presented Master Plan. This Master Plan was the first step in the pre -design
phase for the new high school and was developed last Spring. The programming phase has been
completed, and the design phase is just beginning. She reiterated some of the proposed outlines of setbacks
and heights as well as traffic and circulation. Construction is hoped to start toward the end of 1996. She
said the existing 29-acre site is an important one -- it has a long term historical educational use, it is a key
element of the City's proposed activities center, and it also has the School District's stadium which is a
district -wide facility used by all schools. The traffic plan that is part of the SEPA process has just been
initiated, and there are no results yet. Better transit access is being pursued. There are a variety of mixed
uses around the site. There are elements of the site that are going to remain in much the same locations as
previously. The area where the stadium is located will remain pretty much untouched. The athletic fields
will remain primarily where they are, although conversations are being held with the Parks Department in
regard to the best location for a potential swimming pool. Some of those locations could lift the athletic
field uses. The school itself will be located in the Northeast corner of the site, almost within the same
footprint as before. With the larger square footage, it is anticipated the new school will have two , and
perhaps three, stories in height.
Mayor Hall turned the meeting over to Council President Petruzzi and left to attend the CNN interview at
8:25 p.m.
Ms. Hendricks reported further that the major elements of the new school include a number of classroom,
administrative and support areas, as well as a couple of performing arts facilities. They are anticipating an
approximately 5,000 square foot black box theater that will accommodate approximately 250 people.
Additionally, they have upsized what would typically be the student commons and are placing an emphasis
on making that a good music performing facility large enough and with flexible seating to provide for a
number of uses.
APPROVED CITY COUNCIL MINUTES
-- FEBRUARY 21, 1995
PAGE 10
Ms. Hendricks has had conversations with the Police Department about ways to accommodate a satellite
precinct in the school. She is excited by the opportunities and benefits that would provide both to the City
and the School District. It is hoped a beneficial arrangement can be made.
The current program for the school anticipates approximately 216,000 square feet. They are still looking
at fitting within the maximum 75' height requirement over 15% of the building area with other areas being
up to 45' in height. They are anticipating that the setbacks will be appropriate to the pedestrian -oriented
zone that the City desires in this area. They are also looking at amenities for that street area. They wish to
encourage pedestrian access. They hope to provide easily visible major entrances. They are looking at
ways of designing the layout of the building to encourage student circulation to the corner rather than
cutting across the streets to adjacent uses. They intend to provide good exterior lighting that will insure
safe and secure access to the building. Congregational areas are also being reviewed. Parking spaces are
contemplated to be a maximum of 500 spaces. Changing the parking configuration will help to encourage
more community use and accessibility of the building. They are also looking at developing a
Transportation Demand Management Plan that will help them to mitigate some of the parking requirements
in the area. They have discussed sharing after-hours parking facilities with Stevens Hospital.
Councilmember Myers indicated he was impressed with what was presented to Council. He asked if there
was any talk at this time about relocating the baseball field. The possibility is being explored.
Councilmember Fahey asked for clarification of how the parking situation was to be addressed and also
asked if more parking spaces would be added since she believed the census will rise when the students
return to that school. Ms. Hendricks referred her to Property Manager Brett Carlstad who is much more
familiar with the Transportation Demand Management Plan. She did indicate, however, that they are
looking at the possibility of doing some permitting for their own student parking. Use patterns may also
change. Because of all the variables, it is difficult at this time to estimate parking needs for all the various
uses.
Dee Giguere, 1018 Walnut Street, has been following the transportation element of the Comp Plan since
December 1992. She asked about the status of the transportation element and, in general, the Comp Plan
EIS. Council President Petruzzi indicated he would be asking Mr. Chave at least one of those questions,
and the other could be asked as well.
Carl Keller, 4343 - 86th Avenue SE, Mercer Island, represents UNOCAL at these hearings. He thanked
Staff for an invitation to participate in these proceedings, for its cooperation in hearing UNOCAL's
concerns, and for being receptive to some of the things UNOCAL has done and thought appropriate to the
development of this process. UNOCAL has consistently thought that it was in the best interests, given the
volatile types of issues with which the City of Edmonds is faced with transportation elements regionally and
those things that are local in terms of questions that need to be fleshed in, that the City remain very flexible
in the kinds of things adopted so that it is able to adapt changes over the next 6-18 months as things begin
to develop.
Council President Petruzzi closed the public portion of the hearing and remanded the matter back to
Council.
Councilmember Hall disclosed that he is a member of the Stevens Hospital Foundation Board of Directors
in case anyone wished to challenge his participation. Council President Petruzzi said there would be no
vote this meeting. City Attorney Snyder advised that the Appearance of Fairness Doctrine applies only to
quasi-judicial decisions like the passage of the Comprehensive Plan. Unless Councilmember Hall has a
APPROVED CITY COUNCIL MINUTES
- FEBRUARY 21, 1995
PAGE 11
specific financial interest in a specific element of the implementation portion that is a rezone, he would not
be barred from participating in any portion.
Council President Tom Petruzzi asked Rob Chave about the traffic study Mr. Hertrich had recommended.
It was Mr. Chave's understanding that a traffic study was being done by the Engineering Department.
Community Services Director Paul Mar interjected that, as Acting City Engineer Jim Walker reported a
short while ago, the City is doing a traffic count while the ferry is down., and the traffic counts will be done
again once after the auto ferry resumes in the next two weeks. In that way there can be a fair comparison.
DOT is also doing some surveys, as is the City of Lynnwood. All of these efforts will be coordinated, and
the results will be brought to Council at an appropriate time. Council President Petruzzi was told there
would be brief discussion of the Westgate Study.
Councilmember Kasper asked Mr. Chave if there were minutes to oversight committee meetings. Mr.
Chave replied in the affirmative. It is not a work that has been completed. It was a group that was formed
with two Councilmembers, members of the ADB, the Planning Board, and public entities such as the
School District, hospital, Port, etc., to look at some of the code provisions that effect master planning, the
Comprehensive Plan, the ADB and some of those things. It is not trying to rewrite all the codes, but is
trying to address some of the issues. He has been doing meeting summaries for those. When those are
completed, the summaries and recommendations are being sent to the Planning Board where it will actually
consider the recommendations, hold public hearings, some up with a set of recommendations to put forward
then to the Council.
Mr. Chave reported that the Comprehensive Plan is in draft form nearing completion. The major element
that has not been tied up is transportation. The Planning Board did a presentation wherein they stated they
wanted to do some more work on it. The matter was remanded to them, and they have been working
diligently to try and craft some changes, emphasizing more on transit, clarifying and addressing concerns -
on street widening, and those recommendations, he believes, will be coming back to Council in mid -March.
The next meeting where the Planning Board will address transportation issues will probably be the second
Wednesday in March. When the transportation recommendations will be coming to Council, and at that
point specific review of the plan elements will be done. In the March and April time frame is when most of
the work will occur. In May and June, they will be doing follow-ups. Some of the issues raised in the
Comprehensive Plan are actually implementation issues because they address zoning or some specific
regulations on how, for example, Master Plans will be implemented. The policy is set at the Comp Plan,
and some of the specific implementing regulations are what Council will be seeing in some of the May and
June time frame. That is the work that is being discussed by the Code and Development Oversight
Committee and is the actual changes in zoning regulations that are really part of the Comprehensive Plan
but need to addressed separately. In the May -June time frame specific recommendations will be seen on the
Architectural Design Board, how to streamline it and improve that process, how the Master Plan and
medical zoning would be recommended to work, some updates and improvements of coordination issues
between Shorelines, Critical Areas and SEPA. During June and July would be the code overhaul, housing
study, parking study, and monitoring program.
Mr. Chave reported that depending upon how Council feels, there are a couple of major projects that could
potentially be done this year: 1) the housing study, and 2) the parking study. The housing study is
presently in the budget and includes trying to target policies that address affordable housing, etc. Because
of property values and views, it is thought to be quite a challenge. Some good points have come up in the
Cultural Arts Plan about trying to jointly work on economic development, arts, and affordable housing all
at once with some targeted projects. The parking study Mr. Chave believes is a long-standing issue that
has come up from time to time in the context of the downtown waterfront plan, the transportation plan, and
project -by -project reviews seen .over the years. He does not believe this study is something funded now in
APPROVED CITY COUNCIL MINUTES
FEBRUARY 21, 1995
PAGE 12
the budget, but something Councilmember Dave Earling and others had previously indicated a desire to
address. The question which should be discussed in Committee is whether this is the year to do it and how
it will be funded. There are also some new issues which have come about which must be creatively
addressed such as the Transportation Demand Management., shared parking and the like. Some of the
plans the school district and hospital are doing may' -provide some suggestions to the City as the regulations
are reviewed.
Mr. Chave went on to explain that the monitoring program tracks development in the city and is something
that must be much more consistent and comprehensive than in the past. That includes not only
development on the ground, but also the permitting process. Mr. Chave thinks it would be beneficial to
Edmonds to evaluate our own permitting process as well as compare it to some of the other processes
around the state and country.
Code overhaul is being taken one piece at a time. The first piece is included in the ADB revision of the
Shoreline Critical Areas which is already targeted for May or June. Because of the organic evolution of
Edmonds' code, it is in the position of needing to do a major overhaul that makes sure that definitions are
consistent and that the same words are used in the places they are intended to be. They are also working on
making the entire process of permitting regulation on the part of the City a lot friendlier to the public. The
desire is to start the latter part of this year as an ongoing effort into next year.
Responding to Councilmember Fahey, Mr. Chave explained that urban design has not reached the stage
where it has gone out to the public. It is going to be a major public outreach effort is probably the second
and definitely the third quarter of this year through workshops, visual diagrams, pictures and photographs,
and as much as can be done to try to get consensus on how people feel a bout urban design and what they
want to see in the urban design element. It is not a required element of the Comprehensive Plan. That is
why it is not included in the first phase, but it is something that is a keystone of the plan because with just
about all of the elements we talk about the need to have it compatible with the city, to have it something
that is consistent with the character of the city, and to do that it is felt there needs to be something that
portrays visually what that picture of the City is. One of the hallmarks of what that urban design element
would be is the differences of each area and the need to treat each area differently. A lot of the
streamlining is keyed to the ability to measure a project against urban design guidelines. Mr. Chave further
explained that economic development is something that really hasn't gone further than an idea. He
indicated he was looking for guidance out of the Council Retreat. He thinks that ultimately it is appropriate
that ideas about economic development be incorporated into the Comprehensive Plan as a policy framework
of what the City feels about economic development. It could be part of the urban design and cultural arts
pictures.
Mr. Chave again asked for direction from Council as to whether it agrees that it is important and whether
Council wishes to proceed with it this year.
Councilmember Kasper noted that the draft is shown complete on the master plans and asked how
Westgate fits into that completion. Mr. Chave said that is something the Planning Board is reviewing now.
There will be additional discussion February 23, and he hopes that they will have some recommendations
coming to the Council during the first part of March. The review is not completed.
Councilmember Fahey had clarified to her the distinction between the Master Plan versus Westgate as
Westgate being part of a small area plan rather than a master plan. It is similar but not the same.
APPROVED CITY COUNCIL MINUTES
_ FEBRUARY 21, 1995
PAGE 13
He suggested targeting either next meeting or the Committee night to talk about the long-term studies.
Direction is needed before commencement. Mr. Chave will be scheduling this for the next Committee
meeting and will have Councilmembers Kasper and Fahey on that
8. CONFIRMATION OF APPOINTMENTS TO SISTER CITY COMMISSION
Council President Tom Petruzzi read into the record the Agenda Memo originated by Mayor Hall with her
recommendations for filling the two vacant positions on the Sister City Commission and reappointment on
another position.
COUNCILMEMBER JOHN NORDQUIST MOVED, SECONDED BY COUNCILMEMBER
MICHAEL HALL, TO CONFIRM THE APPOINTMENTS OF IYOKO OKANO (SISTER CITY
COMMISSION POSITION NO.7) AND JUNE CORNETT (SISTER CITY COMMISSION
POSITION NO.8) FOR TERMS FROM 2/21/95 TO 12/31/97. MOTION CARRIED.
COUNCILMEMBER JOHN NORDQUIST MOVED, SECONDED BY COUNCILMEMBER
MICHAEL HALL, THAT THE APPOINTMENT OF HELLON WILKERSON FOR ANOTHER
TERM ON POSITION NO.9 BE CONFIRMED. MOTION CARRIED.
9. APPROVAL OF CLAIMS WARRANTS #950505 THRU #950744 FOR WEEK OF FEBRUARY 6,
1995, AND CLAIM WARRANTS #950119 THRU #950895 FOR THE WEEK OF FEBRUARY 13,
1995
Council President Petruzzi moved this off of the Consent Agenda because he had questions of
Administrative Services Director Art Housler. Discussion followed regarding a couple of items, including
a cherry wood desk system for the Street Department and the secretarial station and WS Supervisor's office
station for the Water and Sewer Departments. Council President Petruzzi thinks the Finance Committee
should in the near future review the parameters used by, and give direction to, Staff in ordering furniture.
COUNCIL PRESIDENT TOM PETRUZZI MOVED, SECONDED BY COUNCILMEMBER
BARBARA FAHEY, TO APPROVE ITEM 9. MOTION CARRIED.
Councilmember Nordquist indicated this had been put in his committee and he did not feel comfortable
about dealing with this item without Council President Petruzzi sitting in. He thinks the way the Council
controls the money is through the budget process. Also, being in the business, he didn't think he should be
advising as to what should be bought. He would be happy to participate, but doesn't want to get into
micromanagement issues.
10. PROPOSED SALARY ORDINANCE 3008 FOR 1995 FOR NON -REPRESENTED EMPLOYEES
(Item N from the Consent Agenda)
President Petruzzi said he pulled item N from the Consent Agenda. He discussed Section 1.4 as it
Councilp g
concerns temporary employees. His concern is over the hiring of someone who is not classified as a
consultant and should have been classified as a consultant, and was brought on board under a part-time
employee program. This particular position was one the Council had at first rejected in the budget
discussion, then tabled because Council wasn't sold on the need for that. Council President Petruzzi
advised Council he requested City Attorney Snyder to write a new ordinance with only one change. With
Section 1.4 the Mayor is still authorized to establish wages and market rates for temporary employees hired
through appropriately budgeted funds within the 1995 budget. Then the following is added: "This
authorization is limited to the establishment of wages at $10 per hour or less. City Council authorization
` shall be required for any wages in excess of $10 per hour."
t� APPROVED CITY COUNCIL MINUTES
FEBRUARY 21, 1995
PAGE 14
COUNCIL PRESIDENT TOM PETRUZZI MOVED, SECONDED BY COUNCILMEMBER
ROGER MYERS, TO PASS ITEM 10 WITH THE SUBSTITUTED ORDINANCE WITH THE
NEW LANGUAGE READ.
Councilmember Hall had a problem with spending attorney's time and City Council money without first
asking the City Council. He described the situation as one where someone asked for an ordinance to be
changed and drafted and brought to the City Council on a Consent Agenda. Council President Petruzzi
responded that he did not ask for this to be on the Consent Agenda. He also stated his belief that he is
authorized to request such changes. He asked for it to be clear in the record that this was under his
authorization, within his authority, and that this cost the City $12.
City Attorney Snyder suggested to Brent Hunter that it might be helpful for the Council to address with
regard to their conversation earlier in the day. Mr. Snyder said he asked Mr. Hunter to check and see who
would be effected. It was Mr. Snyder's understanding that the $10 would authorize almost all of the basic
part-time, summer recreation people, but there will be a category of instructors and others that he felt Mr.
Hunter should address. Mr. Hunter stated that Mayor Hall had asked him to address this issue.
Administration does not have a problem with establishing pay rates for the temporary employees, but the
$10 will place an impact on the City. There are three areas he has thought about since this afternoon.
First, the $10 is low. There are several temporary positions currently on staff that is above $10. He cited
as an example that the minute taker is above $10. Council President Petruzzi interjected that was a
contract situation. Mr. Hunter said that posed another problem. In the past Council has asked
Administration not to bring all of these small contracts to the Council which promotes a gray area with
small contract employees. They have not all been brought to Council but have been handled as an
administrative detail. Council has allowed the Mayor the discretion to approve that. The $10 per hour for
skilled help will not be enough. Also, there will be additional time for Staff to prepare and Council to
approve it. The most important impact is that it will take away the ability to react to problems as they
arise. He cited the reception desk as an example of one place where a temporary is going to be billed at a
rate of at least $13.50 per hour for the agency. He feels it will limit Staffs ability to fill a critical position
which could be in any department.
Mr. Hunter's recommendation is to refer this to the Finance Committee. That would free up the ordinance
so that the City can deliver the pay checks to those non -represented employees. It would also give a little
more time to develop some options to review to address the entire problem of the temporary employees.
Council President Petruzzi indicated he generally did not have a problem with that approach but asked if
they could live without a Section 1.4 during that period of time. Mr. Hunter reminded Council that this is
the first time it has been in a salary ordinance. City Attorney Snyder explained that it was raised at the last
several Council discussions about whether there was authorization for the temporary summer employees.
To cover that, first 1.4 was put in, and then it was amended to include a cap. Council President Petruzzi
stated he saw no problem with this going to the Finance Committee. He said this would not be a problem
except that someone was hired (in direct contradiction to what the Council wanted). Councilmember Hall
called a point of order. He said the Mayor has the ability and obligation to hire and fire employees. The
City Council has the opportunity to take votes on the consideration of that issue, but the whole issue of 1.4
is the fact that the Mayor is authorized and has the ability to establish wages at the market rate for
temporary employees hired through appropriately budgeted funds. He thinks that appropriate and does not
think it appropriate for Council to mircomanage and tell the Mayor or any administrator who is a full time
employee of the City to limit their ability at a $10 an hour figure. That is not within Council's purview.
Councilmember Myers asked to see a list of the people who would be effected Discussion followed, and
it was felt by Councilmember Hall that perhaps Council President Petruzzi was giving the impression that
the Mayor does not have the authority. That was not Mr. Petruzzi's intent. He clarified his position
APPROVED CITY COUNCIL MINUTES
FEBRUARY 21, 1995
PAGE 15
concerning the hiring of this new consultant at a high rate after Council had declared it inappropriate
timing.
COUNCIL PRESIDENT TOM PETRUZZI WITHDREW HIS MOTION. THE SECOND WAS
ALSO WITHDRAWN.
Council President Petruzzi confirmed that it was Mr. Hunter's desire to pass this tonight without Section
1.4. Councilmember Nordquist asked Mr. Hunter about the Section 1.2 indication that merit increases
shall be given to C-2s through F-2s and from where the money would come. Mr. Hunter responded that
this was the issue amendment discussed earlier by Mr. Snyder. The $80,480 included monies for the
COLA, the Mayor's salary increase, and the $10,000 adjustment. It did not include money for the merit
increases. There is $6,500 originally budgeted in the salary pooi for the merit increases. It was Mr.
Housler's intent to come back and ask for a transfer at a later point. Mr. Snyder indicated that the original
version of Section 1.4 in Council's packets contained a list, but the revision did not. Mr. Hunter explained
it is the 1995 salaries, reflecting both COLA and 3.5% salary adjustments discussed in Executive Session.
City Attorney Scott Snyder spoke at the earlier request of Mayor Hall. He explained there had been some
impression in the public that the Mayor's salary was made retroactive. The law is such that only an
employee as opposed to an elected official can have their salary made retroactive in consideration of
employment. That was the reason the prior ordinance on the Mayor's salary dated from the effective date
of February 15. Apparently, comment and mail had been received, so he wished to make this clarification.
Councilmember Kasper thinks there should be clarification as to what constitute a temporary employee.
COUNCIL PRESIDENT TOM PETRUZZI MOVED, SECONDED BY COUNCILMEMBER
ROGER MYERS, TO PASS ITEM 10 WITH THE EXCEPTION THAT SECTION 1.4 BE
REMOVED COMPLETELY.
�} Discussion followed regarding clarification of amounts and designations of funds being transferred from
the Council Contingency Fund. It was also questioned whether there are any sections other than Section
1.4 that have not been in the ordinance before. City Attorney Snyder says it is virtually identical. The
state statute regarding budgeting provisions has a section that requires the City to pass an annual salary
ordinance. The implication from the statute is that the Council will assign wage or salary categories for all
City employees. Wage, the more proper term for a temporary employee, is paid by the hour and has never
been addressed. For audit purposes, and because the question had been raised, Mr. Snyder had added
Section 1.4 to basically codify the way things have been done in the past.
COUNCILMEMBER BILL KASPER VOTED NO BECAUSE OF THE MAYOR'S SALARY.
MOTION CARRIED TO APPROVE PROPOSED ORDINANCE 3008 FOR 1995 FOR NON -
REPRESENTED EMPLOYEES.
Council President Petruzzi asked Mr. Hunter to come back to the March 14 Finance Committee
meeting to discuss Section 1.4.
10. MAYOR
In Mayor Hall's absence due to the CNN interview, Council President Petruzzi moved on to the Council
portion of the agenda.
12. COUNCIL
Council President Petruzzi called Council's attention to the packets in which the Council Retreat Agenda
and packet information are located. It should also contain a letter from Mr. Petruzzi. He stated further he
APPROVED CITY COUNCIL MINUTES
FEBRUARY 21, 1995
PAGE 16
had requested some information from Art Housler regarding a listing of general fund selected 1995 budget
cuts. In light of the fact the City is $71,000 over, less that amount obligated for hiring a police officer this
evening, he wised to go over some of the items that were cut to see if Council wished to reinstate them.
Some of those mentioned included the $10,000 transfer from the LEOFF Catastrophic Illness Fund,
another $10,000 Street Fund, another $15,000 Street Beautification Fund, and $7,500 for Fire Department
,1 CPR Programs, $22,000 for the Recycle Guy, and more. Councilmember Kasper suggested that since
�}Y Council does not have January's financial report, and there is some falling off of sales tax in the area, this
matter be put off until after the end of the quarter. The matter will be reviewed in April
Council President Petruzzi also indicated receipt of a letter sent to him by Police Chief Miller in which he
made some good recommendations on how things could be done in the course of a discussion with all of the
staff at the retreat. He indicated it was outlined in an excellent fashion, but since time for an open
discussion is limited to one hour, not all of the suggestions may be used. He suggested the outline could be
useful on a fifth Tuesday with a special work meeting scheduled based around this type of setup.
Lastly, Mr. Petruzzi commented on a letter received from the Snohomish County Alliance to End
Homelessness. He acknowledged a number of people work for the homeless in King and Snohomish
Counties. He implored those listening to do whatever they could to assist with this program and provided a
phone number. He cited specifics as to the service provided, including how many were turned out. There
are success stories, but not enough.
Fire Chief Mike Springer reported he had discussed earlier with the Mayor a situation with a negotiation of
contracts with Fire District No. 1 and our attorney representative, Larry Hard. There was $2,000
originally allocated to that fund which has now been expended. A request is going to be made for
additional funds to go into the Fund for Larry Hart. It was questioned when a report would be received.
City Attorney Snyder suggested that this be treated as a report that funds are expended and additional
money will be needed. The budget category for miscellaneous attorney services isn't limited to Mr. Snyder
but can continue to be expended. At some point a budget adjustment will need to be made. Mr. Snyder
was asked if there was an invoice. Mr. Snyder indicated that because of a conflict, he had to stay out of
specific discussion on this. Mr. Housler stated that Barb Mehlert has a copy of the invoice.
Councilmember Hall reminded Council that there was over a year in the negotiation process prior to Mr.
Hard being hired. Attorney's fees were kept at a minimum because Council did not feel it necessary to hire
him from the very beginning. Councilmember Hall expressed his opinion that Mr. Hard has done quite a
good job for the City for $2,000. Following additional discussion, it was the consensus 'of Council that an
updated report be requested of Mr. Hard. Chief Springer was asked to request such a report. It was
suggested that Mr. Hard could be invited to a Council meeting for update purposes. Councilmember Fahey
,Jr received confirmation that part of the holdup on the negotiations concerned the annexations. Attorney Hard
P was hired to draft a contract to take over all of the fire service in the Esperance area, including station,
assets and personnel. Chief Springer recommended a $2,000 allocation.
COUNCILMEMBER BARBARA FAHEY MOVED, SECONDED BY COUNCILMEMBER
MICHAEL HALL, TO ALLOCATE AN ADDITIONAL $2,000 FROM THE COUNCIL
CONTINGENCY FUND TO CONTINUE THE NEGOTIATION PROCESS WITH THE
LAWYER THAT HAS BEEN HIRED FOR THAT PURPOSE. COUNCILMEMBER BILL
KASPER VOTED NO. MOTION CARRIED.
Councilmember Fahey clarified she had prepared three separate memos for the Council retreat which have
all been included together under agenda Item 7 (Economic Development). One memorandum deals with
space needs, one with economic development, and one with vision and goal setting.
APPROVED CITY COUNCIL MINUTES
FEBRUARY 21, 1995
PAGE 17
Councilmember Fahey also indicated she had received an invitation to attend a meeting of a large group
operating in South Snohomish County that is trying to address the question of a convention center versus
performing arts versus the full comprehensive package. It comes down to who gets their foot in the door
first as to who gets the hotel and motel tax funds. By virtue of the fact she is sitting on the Cascade Board
and the oversight committee, they asked her to please attend this meeting as a representative of the City. In
addition, they are inviting others including Ross Wood from Woodway, Dave Gossett both from Mountlake
Terrace and the Cascade board. She wanted to make sure there was no Council objection to her
participation in that breakfast meeting on Monday. No objections were raised.
Councilmember Kasper expressed his concern over oversight committees. He believes that they should be
looked into with regard to what is happening with them. He thinks it is important that summary minutes
are made of those meetings and that those minutes be made available to Council for review. Discussion
followed. Paul Mar thinks that from Staff perspective in orchestrating and coordinating all the efforts of
this particular committee that the two councilmembers who participate do so primarily as individual
citizens of the city, but he agreed that they are councilmembers just as Chris Kirk is representing the
hospital that we get those viewpoints on. As Mr. Chave mentioned earlier, it is a brainstorming process,
and they will bring forth the recommendations and findings to the Planning Board at which point they
become open for public hearings. Mr. Mar said he would provide a copy of the packet Mr. Chave puts
together to Councilmember Kasper.
Councilmember Myers supported Council President Petruzzi's thought regarding the homeless situation.
He was amazed, distressed and then saddened by the number of students we have that are homeless.
Homelessness is a problem in our community:
Councilmember Nordquist indicated he has recently received copies of newspaper articles regarding
cellular towers. He reported this issue was also brought to the attention of the Health District last Saturday
morning, and they are going to begin a study now of the cellular ban, probably working in conjunction with
getting some outside input, and perhaps feed that information back to the City.
Councilmember Nordquist's other concern deals with the litigations that are in process. Discussion
followed regarding the need for both oral and written reports.
Council President Petruzzi asked Deputy Clerk Sandy Chase to set an executive session on legal
matters in two weeks.
13. EXECUTIVE SESSION ON REAL ESTATE MATTER
There being no further business to come before the meeting, the meeting was recessed at 9:45 p.m. to an
20-25 minute executive session on legal real estate matters, to adjourn from there.
THE ORIGINAL SIGNED COPY OF THESE MINUTES, AS WELL AS A TAPED RECORDING OF ALL
COUNCIL MEETINGS, CAN BE LOCATED IN THE CITY CLERK'S OFFICE.
RHO(dDA J. .ARCH, CITY CLERK
APPROVED CITY COUNCIL MINUTES
--FEBRUARY 21, 1995
PAGE 18
FEBRUARY 21, 1996
CALL TO ORDER - 7:00 P.M.
FLAG SALUTE
1. APPROVAL OF AGENDA
2. (10 Min.) CONSENT AGENDA ITEMS
(A) ROLL CALL
(B) APPROVAL OF MINUTES OF FEBRUARY 7, 1995
(C) APPROVAL OF MINUTES OF FEBRUARY 14, 1995
(D) APPROVAL OF CLAIM WARRANTS #950505 THRU #950744 FOR WEEK OF FEBRUARY 6, 1995, AND
CLAIM WARRANTS #950119 THRU #950895 FOR THE WEEK OF FEBRUARY 13, 1995
(E) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM R. SCOTT NEUDORFER ($92.30) AND
JAMES HOWARD KREITLE, SR. (AMT. UNKNOWN)
(F) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONSULTANT CONTRACT WITH
DEWILLIAM/CHARF FOR LIMITED FEASIBILITY STUDY FOR LOCATING AN AQUATIC/RECREATION
COMPLEX ($14,231)
(G) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH EDMONDS ARTS FESTIVAL
(H) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH EDMONDS CHAMBER OF COMMERCE
FOR 4TH OF JULY EVENTS
(1) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH EDMONDS CHAMBER OF COMMERCE
FOR TASTE OF EDMONDS
(J) APPROVAL OF FINAL PLAT FOR "HELLEREN LANE" AND AUTHORIZATION FOR MAYOR TO SIGN
FINAL PLAT DOCUMENTS (APPLICANT: WARREN MURPHY ETA L / FILE NO. P-94-55)
(K) ACCEPTANCE OF EASEMENTS ON SUMMIT LANE FOR WATER MAIN
(L) ACCEPTANCE OF UTILITY EASEMENT FOR HELLEREN LANE
(M) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW UPHOLDING THE APPEAL OF
HEARING EXAMINER'S DECISIONS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT AND A
HEIGHT VARIANCE (FILE NO. V-94-168) APPLIED FOR BY CELLULAR ONE FOR THE CONSTRUCTION
OF A 60-FOOT TALL MONOPOLE CELLULAR TOWER ON A BN ZONED PARCEL LOCATED AT 10030
EDMONDS WAY (Appellant: Karen Singleton - File No. AP-94-202 / Applicant: Cellular One - File Nos.
CU-94-167 & V-94-168) (from Hearing of February 7, 1995)
(N) PROPOSED SALARY ORDINANCE FOR 1995 FOR NON -REPRESENTED EMPLOYEES
(0) ACCEPTANCE OF UTILITY EASEMENT AT 829 ALOHA STREET FROM MICHEL• CONSTRUCTION, INC.
(P) ACCEPTANCE OF 5-FOOT STORM DRAINAGE EASEMENT AT 1057 DALEY STREET FROM CLASSICO
HOMES, INC.
(Q) REPORT ON FINAL CONSTRUCTION COSTS FOR THE 72ND AVENUE1212TH STREET SIGNAL
PROJECT AND COUNCIL ACCEPTANCE OF PROJECT
Consent Agenda continued
EDMONDS CITY COUNCIL AGENDA
FEBRUARY 21, 1995
PAGE 2
(R) REPORT ON FINAL CONSTRUCTION COSTS FOR THE LIFT STATION BACKUP POWER PROJECT
AND COUNCIL ACCEPTANCE OF PROJECT
(S) AUTHORIZATION TO CALL FOR BIDS TO PURCHASE 3 SETS OF HAND TOOLS AND 3 ROLLAWAY
TOOL BOXES
(T) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT WITH SNOHOMISH COUNTY
FOR FCAAP FUNDING FROM STATE DEPARTMENT OF ECOLOGY FOR TALBOT ROAD STORM
DRAINAGE IMPROVEMENTS
(U) APPROVAL OF CONFIDENTIAL SECRETARY POSITIONS (from Finance Committee of February 14,1995)
(V) APPROVAL OF LEAD MECHANIC JOB DESCRIPTION (from Finance Committee of February 14,1995)
(W) APPROVAL OF WASTEWATER TREATMENT PLANT JOB DESCRIPTIONS (from Finance Committee of
February 14, 1996)
(X) PROPOSED RESOLUTION INCREASING FIRE DIPARTMENT APPROPRIATIONS BY $8,000 AND
TRANSFERRING BALANCE OF 1994 ENDING CASH BALANCE OF GENERAL FUND #001 TO THE
COUNCIL CONTINGENCY FUND #119 (from Finance Committee of February 14,1995)
(Y) APPROVAL TO EXTEND BANKING SERVICE AGREEMENT FOR ONE YEAR PER EXISTING
AGREEMENT WITH WITH U.S. BANK (from Finance Committee of February 14, 1996)
3. AUDIENCE
4. (15Min.) PROCLAMATION AND PRESENTATION IN RECOGNITION OF PARKS AND RECREATION SERVICES
5. (10Min.) REPORT ON FEDERAL CRIME BILL FUNDING AND AUTHORIZE FUNDING OF ONE POLICE OFFICER
6. (10Min.) CONTINUED HEARING FROM JANUARY 17, 1995 ON APPEAL OF HEARING EXAMINER'S DECISION
TO GRANT APPROVAL OF VARIANCE AND A CONDITIONAL USE PERMIT TO INCREASE THE
MAXIMUM PERMITTED HEIGHT FOR A CELLULAR COMMUNICATIONS MONOPOLE AT 650
EDMONDS WAY (APPLICANT: ONECOMM CORP. - FILE NOS. V-94-152 & CU-94-151 / APPELLANT:
PETER HART, ET AL - FILE NOS. AP-94-181)
7. (60Min.) HEARING ON UPDATED COMPREHENSIVE PLAN
8. (2Min.) CONFIRMATION OF APPOINTMENTS TO SISTER CITY COMMISSION
9. (5 Min.) MAYOR
10. (16 Min.) COUNCIL
Parking and meeting room are accessible for persons with disabilities. Contact the City Clerk at 771-0245 with 24 hours
advance notice for special accommodations.
The Council Agenda appears on Chambers Cable, Channel 32. Delayed telecast of this Meeting appears the following
Wednesday evening at 7.00 p.m, on Channel 36, and the following Friday and Monday at noon on Channel 32.