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07/11/1995 City Council11161y3 EDMONDS CITY COUNCIL APPROVED MINUTES DULY 1191995 Pursuant to notice, the Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Laura Hall at the Library Plaza Meeting Room, Library Building, 650 Main Street, Edmonds. The meeting was preceded by the flag salute. ELECTED OFFICIALS PRESENT Laura M. Hall, Mayor Tom Petruzzi, Council President Barbara Fahey, Councilmember William J. Kasper, Councilmember Michael Hall, Councilmember Dave Earling, Councilmember John Nordquist, Councilmember Roger L. Myers, Councilmember ALSO PRESENT Emily Shen, Student Representative FULL COUNCIL REVIEW AGENDA STAFF PRESENT Michael Springer, Fire Chief Wally Tribuzio, Assistant Police Chief Paul Mar, Community Services Director Brent Hunter, Personnel Manager Chuck Day, Accounting Manager Rob Chave, Planning Manager Steve Bullock, Assistant Planner Kirk Vinish, Planner Noel Miller, Public Works Superintendent Sandy Chase, City Clerk Lynne Hann, Deputy City Clerk Christine Laws, Recorder Council President Petruzzi asked to increase the time on Item B to 15 minutes and to include as Item D on the Full Council Agenda 10 minutes for special comments by the Mayor and Council President. COUNCILMEMBER FAHEY MOVED, SECONDED BY COUNCILMEMBER MYERS, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED. ,r,PO Prior to the commencement of the meeting, Mayor Hall read into the record information regarding the Aoe �� September 1995 primary election on the Gate -Eaton and Snoline-Forshee annexations and the need for �� pg5 pro/con committees to be established for each annexation issue to write statements for or against the `WMMI annexation proposals. These statements will be included in the Local Voters' Pamphlet. Anyone interested should contact the City Clerk no later than July 25. Mayor Hall also noted that simultaneously with this Council meeting, the Boundary Review Board was conducting a hearing at the courthouse on an appeal from the City of Lynnwood from the annexation request of Perrinville. (A) CELLULAR TOWER INFORMATIONAL WORKSHOP R 6151' Community Services Director Paul Mar introduced the subject and passed out an agenda for the presentation of the task force. Mr. Mar noted that the present moratorium expires on October 6 and not September 6 as shown in the packet. APPROVED CrrY COUNCII, MIN=S JULY 11, 1995 PAGE Rondi Hilleso, 1416 N..54th Street, Seattle, WA 98103, was present representing OneComm and to provide an overview of wireless communications. She introduced John Storch, Director of Engineering Operations for OneComm for Western Washington, to discuss the more detailed version of what wireless technology is and how it functions. John Storch, 5808 Lake Washington Boulevard, Suite 400, Kirkland, WA gave a brief background of himself. Mr. Storch described in detail the three elements to a wireless system: dispatch service/cell service; transmission site with land -based equipment; switching office. Councilmember Hall asked for more information on how the switching station works. Using the overhead, Mr. Storch described the switching office functions. Councilmember Hall asked if the switches were recordable, whether it could be determined how many events on a cell site. Mr. Storch responded that generally,. yes; but for each specific switch, no. They can record only the beginnings and end of a call. Councilmember Hall confirmed that they can tell where the originating cell site was located. He then asked where the local switching offices were located. Various speakers responded they were in Kirkland, Eastlake and North Seattle. Mr. Storch then described neighbor sites. Councilmember Fahey questioned whether the signal uses satellites, and short distance line of sight was explained. Councilmember Hall inquired as to whether it could be determined how much money each cell site generated. Mr. Storch replied in the negative and said it could only be determined when and where you place a call. Mr. Hall then asked how it was determined where to put cell sites. Mr. Storch explained that it was a matter of recording traffic stats regarding when an event can't occur. He rationalized that rather than record the norm, they record the exception, report the error, and reduce the amount of data they have to store. Councilmember Hall then confirmed there is no ability to determine or record switches. Councilmember Earling asked Mr. Mar when they were going to hear about the different technologies for the monopoles, lattice towers, and micro facilities. Mr. Mar answered that during the question and answer portion, they would be happy to provide what information they had. Dan Prinz, discussed the 800 megahertz facility. He described it as a simulcast system of nine to ten towers in the Snohomish County area. He went on to provide more detail concerning the closest sites to the Edmonds area. Mr. Prinz would like to co -site with agencies who already have equipment which could keep down the costs of maintenance and equipment. Mr. Prinz went on to explain how there can be problems with services to users on 911 using a cellular phone. Community Services Director Paul Mar discussed health issues. He called Council attention to Tabs 2 and 3 of the Exhibit 2 notebook which contains information on health issues. He indicated the task force had unsuccessfully tried to get a speaker. He asked that if Council wished to get a speaker at a future meeting. He then told Council what it would cost for some of them to appear. Mr. Mar then discussed the impact of magnetic fields. There is no conclusive evidence there is not a health risk. Council President Petruzzi questioned the July 19, 1993 letter from the FDA to CTIA saying there is no risk. He asked Mr. Mar to read and respond to the letter. Councilmember Nordquist commented on an article in the Seattle Times last April referencing two major medical institutions making reference to pacemakers using digital and analog equipment. He then APPROVED CrrY COUNCIL MINUTES DULY 11, 1995 PAGE 2 questioned whether there would be any input from the medical community that may be impacted by equipment like this. Mr. Mar said that expertise was available if desired. Tony Shapiro, 10609 - 226th Street, and Evans Wilson, 22222 - 96th Avenue West, discussed neighborhood concerns. Mr. Shapiro described several primary areas of concern regarding the tower: 1. visual impact 2. location of micro or small towers mounted on telephone poles, which the community feels is better than monopoles 3. placement of towers in single-family zones, and BN zone concerns have been listed as possible exclusions 4. noise pollution, believing even 40 decibels would be disruptive 5. devaluation of property 6. medical impacts 7. acknowledging these companies as utilities when the community does not feel they meet the necessary qualifications for that designation Mr. Wilson stated his presence was primarily to fight for exclusion in location in single-family and multi- family neighborhoods. He thinks that if the neighborhoods could get that, they might be willing to drop some of the disclosure requirements they have been seeking for properties that these facilities would be placed upon, with the exception of schools, churches, and properties within some to be defined number of feet from single-family zones. Mr. Wilson then discussed the disclosure issue. It has been discussed in the committee since the last meeting with Council. Most of the members of the committee suggested there be some sort of public meeting that would need to take place prior to signing a lease, in lieu of a disclosure statement. The only problem is that if the property owner does not attend the meeting then they are not necessarily going to be aware of the opposition which may arise. He went on to relate how it is believed that providing a disclosure statement (citing those in the real estate field as an example) would strengthen the hand of the cellular companies later on if a problem were to arise. Mr. Wilson reminded Council that the Gate -Eaton annexation was brought as a result of the question of cellular towers. He suggested it may be desirable to postpone that annexation until after this issue is resolved. Robert Macaulay, 744 Elm Place, was the speaker regarding property value concerns. He provided his qualifications and discussed studies done, primarily with monopoles. His general impression is that with adequate screening, there would not be a detrimental effect to values. Councihnember Kasper questioned whether measurement of mixed use and condominiums had been done before. Mr. McCauley did not give a direct answer but said he thinks if there was a monopole tower down in the waterfront, and it is blocking the views of condominiums, it would be negative, as far as marketing would perceive it. Councilmember Hall confirmed that Mr. Macaulay had been paid by OneComm for the study in the packet. Kirk Vinish and Steve Bullock discussed regulatory environment. Mr. Vinish reviewed what other jurisdictions have done. Mr. Bullock talked about how the draft ordinance presented could work in the real world of Edmonds from the cellular -based perspective. Mr. Vinish called Council attention to the fact that their notebooks contained no ordinances from Kirkland, Des Moines, or Mukilteo. The reason is that they have nothing of substance on the books. He noted an example of what is contained in Kirkland's new Comprehensive Plan: "... would like to minimize adverse effects on adjacent land usage through careful placement of cellular communications facilities and other above ground utility installations." In talking with other cities, it appears they are waiting for Edmonds to come up with something. Mr. Vinish indicated he had had to rely on Seattle, King County and larger APPROVED CITY COUNCIL MINUTES JULY 11, 1995 PAGE jurisdictions because they have a longer history with cellular facilities and have dealt with this technology in ordinances as best they could. He noted Santa Barbara was used because it has had cellular technology longer. Through its experience it finds it can get by with lower towers. Councilmember Myers questioned whether Mr. Vinish had any information on the topography of Santa Barbara. He was told that Santa Barbara is less hilly which could be why sites were much lower. Mr. Bullock used the overhead to show the present zoning of Edmonds. He provided a detailed discussion on conditional use permit possibilities. Council President Petruzzi asked to go through the proposed ordinance. Mr. Petruzzi feels strongly that Council is first responsible to the people who live in Edmonds. He thinks the City is on the right track in starting to look at micro facilities. He then questioned Mr. Bullock on the meaning of the term "exempt from height requirements". It was confirmed that there would have to be utilization of existing structures. Councilmember Petruzzi then questioned the intervals of the micro facilities and the noise level. Mr. Petruzzi then questioned the multi -family issue stating he does not want monopoles in multi -family neighborhoods. He does not favor monopoles or lattice towers, would not fight them in commercial zones, but would fight them in the rest of the city. He then pointed out that there must be setbacks in multi -family areas, and ADB review would be required prior to installation. Mayor Hall also noted that there had been a lot of negativity. She pointed out that we are all utilizing this technology in the day -today world. She then brought up radio towers. She suggested the City could learn something from that technology. Regarding Mayor's Hall inquiry of placement of towers in tree areas, Mr. Vinish responded that the matter had been discussed internally that even a lattice tower could work if combined with the natural screen of being in a tree. He suggested that may be the direction in which to be going. Mr. Vinish advised Council that if the City excludes monopoles or lattice towers, new providers may not be able to handle the technology. Staff would like to make provisions and have some fairly consistent restrictions on the Conditional Use Permit process, and if the requirements are met, put a cell site somewhere in the city of Edmonds. Council President Petruzzi agreed that he believes matters to be moving in the right direction, but he again expressed his concerns over multi -family locations. Mr. Vinish questioned for clarification whether there would be objection to having these facilities in areas developed in an area such as by the old high school which is also largely multi -family. Mr. Petruzzi answered he would have no objections if it could be made unobtrusive and away from single-family and multi -family, like at the hospital. Mayor Hall mentioned the flag that flies atop Stevens Hospital and how even though it is a moving item, the citizens get used to it. She cited a need to step back and look at what is being discussed. She thinks the task force has done well and expressed her desire to get positive ideas going. Councilmember Earling stressed the fact that visual impact must be minimized. He opined that a site does not belong by the high school. He then questioned why new providers do not have micro facilities. Mr. Vinish advised that it was a purely technical reason. Mr. Earling does not understand why they would put up a series of monopoles when the technology might change in the next five years so the city won't need any of them. Councilmember Earling requested a cost estimate or comparison. If the figures can be broken down it would be helpful to Council. APPROVED CITY COUNCII, MIIdUITS DULY I],1995 PAGE 4 John Storch reported that in a non -committal sense, ATT had done a study similar to what Councilmember Earling was requesting for Bainbridge Island. In that study they found they would be required to put in 40 of the microcells instead of two of the macrocells. To give some information and try to bring Santa Barbara into line, he showed pictures on the overhead showing the types of facilities in use and the differences in vegetation. Councilmember Earling would still like a cost estimate. Roberta Goodenow, ATT Wireless, had their engineering department do a study on whether they could provide coverage to the interior of Bainbridge Island with two 100-foot monopoles or, if they met a height restriction then on the Island, they would need forty 40-foot poles to serve the same area. It became economically unfeasible. Two 100-foot poles cost approximately $1 million. They were looking at that $1 million versus $20 million. Councilmember Earling then questioned the 40-foot poles. He would like to have some discussion on health issues. He would like to have additional discussion and hear from experts and have an opportunity to ask questions. Councilmember Myers questioned the Bainbridge study being done for that specific site. He confirmed with Ms. Goodenow that the study is not transferable to Edmonds; it depends upon the topography and demand. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEM 3ER FAHEY, TO EXTEND THE WORKSHOP 10 MINUTES. MOTION CARRIED. Councilmember Fahey questioned how to better understand the definitions of some of the terms in the regulatory environment section. Mr. Mar directed her to Exhibit 2, Tab 3. Ms. Goodenow called Mr. Mar's attention also to the discussion in Tab 3 on non -ionizing Q&As. She said that was a very good elementary discussion of the technology. Mr. Mar indicated that they have several individuals who could come in to explain the technology and health issues. Councilmember Nordquist asked if there was any possibility of joint venturing towers so the City can limit the number of poles. Mr. Vinish provided a positive response. Councilmember Hall asked Mr. Storch for clarification on roaming and how a bill can be generated. Mr. Storch indicated roaming charges are based on origination of the call and not the destination. Council President Petruzzi asked if the person(s) coming in to speak on health issues could be someone who could submit a white paper to Council as opposed to someone who has worked for the industry. Mr. Mar indicated most of the individuals available have spoken or written on one site or another, but the task force will try to get someone who is objective. Council President Petruzzi. thanked Councilmember Earling for requesting this workshop and indicated he would like to schedule another one for about an hour. He asked Mr. Vinish and Mr. Bullock how much time was needed before there could be substantive changes to the draft ordinance. Mr. Mar suggested at least a 30-45 day period. Another workshop was tentatively scheduled for August 22. Mr. Mar advised Mr. Petruzzi that he had read the article requested. He directed Mr. Petruzzi to the July/August 1993 page with the title "CTIA Drops FDA Role and Cellular Phone Research Program". He believes it an attack on a public relations packet. Mr. Mar reminded Council that in tonight's packet, under separate cover, was a memo from City Attorney Scott Snyder on cellular towers. APPROVED CITY COUNCIL MINMS JULY 11, 1995 PAGE 5 Councilmember Hall suggested that it would be helpful if the academic person brought in to discuss health issues could also address technical issues for Council. Mr. Vinish stated there were a fair number of experts in the area, and that experts on the health issue would be able to also address the technology. Concerning the billing questions of Councilmember Hall, Mr. finish will get back to Council with that information. (B) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT EXTENSION FOR THE PUBLIC SAFETY SPACE NEEDS CONSULTANT 5 pot'6 Community Services Director Paul Mar referred Council to the packets provided which included the �^ f6Ep contract extension with exhibits, scope of work, schedule and fee breakdown. Arai -Jackson is doing the space planning work that would set the parameters of the public safety project. Council has requested an extension and discussion of it has been approved. Council President Petruzzi stated the City is now getting into the second stage of the plan. He also noted the infrequency with which bonds were passed. Part of the problem is that he doesn't think he is ready to go for authorization to sign the contract. In going through the scope of work and talking with some of the Council members, he doesn't feel everyone is on the same page. One of the items specifically mentioned was on page 3, task 4. Mr. Petruzzi did not recall discussing building a fire administration building. He also thought that the parking structure was not to be further considered at this time. He questioned whether those should be part of the study. Mayor Hall discussed a meeting held wherein it was described what steps the City might take to achieve the most advantageous results in terms of the campaign, funding, and education process. A meeting is scheduled on July 20th with all parties. Council President Petruzzi asked Councilmember Nordquist if he would be able to attend a meeting with Mr. Petruzzi and the Mayor at 8:00 a.m. on July 18. Mr. Nordquist will attend. With regard to the meeting with Arai -Jackson on the 20th, Mr. Petruzzi asked if the Council would like to have a special meeting on a Saturday morning. Mayor Hall suggested that may be more appropriate after the initial meeting. Councilmember Fahey would support having a meeting as soon as possible, and preferably on a Saturday. From her viewpoint, it appeared the scope of work had expanded substantially. She indicated there had been several references to alternative sites. She thinks that 5 Corners must be included in the final proposal. She believes all the items raised need to be carefully considered. Each Council member needs to be made part of the discussion early on so that all know what is being discussed and what the potential is, and what the potential funding sources might be. Councilmember Myers confirmed that the campaign being discussed was the bond campaign. He also agrees that it is important a special meeting be had to determine what, in actuality, is being discussed. Councilmember Earling suggested that before a special meeting (which he favors), Council could give Staff a list of concerns to be addressed that day. Councilmember Kasper commented that bringing the fire training station in at this point when we now have to replace the fire station at Five Corners is out of the question for the dollars discussed. There are written APPROVED CITY COUNCIL MINUTES JUL.Y 11, 1995 PAGE 6 records of things said, and now contradictory statements are being made. There are many things which need to be addressed at another meeting. Councilmember Fahey expressed her concern that Council is suddenly talking about a much bigger picture than was being discussed about a year ago when Council started trying to lay out some kind of a comprehensive plan to address the space needs related strictly to the campus and whether to build on campus or buy an administration building. Council had hoped to do all of this in the ballpark of $12 million, $5 million being for administration and $7 million being for safety. She would like to see the basic proposal for what is to be done on the campus site as originally considered and then what Council realistically thinks can be done to handle the problems at 5 Corners. If the choice is made to add a third component of a training facility as a part of that, what the numbers look like to do something like that. She believes there is a lot of confusion. She thinks a training station would have a revenue -generating factor that could possibly help support some councilmanic bonds which could be done as a project apart from tying to get the people to endorse a bond issue that climbs to $8-10 million. Councilmember Fahey thinks a training station could have a positive factor. If there is a wish to expand, Council needs to look at alternative forms of funding and not look at funding totally through the bond. Councilmember Nordquist expressed interest in hearing what the two chiefs think is needed. Mr. Nordquist does not think it needs to be in the same building. He wants to know what the current requirements are. Mayor Hall indicated her belief that would be a good item for a Saturday session. Council President Petruzzi said he is not necessarily in agreement that Council is going to add to what was originally discussed. He has real concern over the bond passing. He reminded Council that only 3 out of 26 bond issues in the last election passed, including EMS bonds. It may be that because of the fact that the City has to build a new fire station at 5 Comers that the fire station that the City has presently is what is used. Mr. Petruzzi is also very concerned about the police facilities. He said there is no way to settle the police issue without a new building. He does not want to jeopardize the whole project by tacking on too much where the people say "no more" and vote it down. Councilmember Fahey raised the issue of the 150-stall . parking facility. She had asked for some consideration of the possibility of putting some additional parking on that campus because it is now known that the entire campus will not be utilized. Ms. Fahey believes it makes sense to have some idea of the numbers as to surface parking costs and locations. She believes it may have been because of her previous comments that this was included in the spectrum of work called for by Arai -Jackson. When looking at a study there needs to be as much information as possible in order to make an informed decision. Councilmember Kasper reminded Council of the original parking capacity needs of 170 stalls which do not reflect large reductions due to TDM requirements. There are a lot of things that can save the City on parking, but that doesn't mean that parking spaces should not be allocated for the City's business purposes, no matter how it is built. Mr. Mar responded to some of Council's questions. With regard to a separate building for administration, it has always been the plan to have fire administration as part of Fire Station No. 7. He confirmed that parking provisions are not part of the public safety bond issue. Parking has been used as a place holder until some future need is identified. Regarding Fire Station No. 6, he included in the Arai -Jackson scope of work the question, "If we replicate Fire Station No. 7 on another site and call it Fire Station No. 6, can we do it once a site is identified during the course of this study?" Regarding the space needs in Councilmember Nordquist's, question, Staff does have updated programs. At a work session or some other forum, that information can be presented to Council. APPROVED C1rY COUNCIL MINUTES JULY11,1995 PAGE 7 After continuing other matters listed, Council President Petruzzi set a meeting for three hours during 6g 'G the July 25 work meeting. Councilmember Kasper asked to cancel TV coverage for that meeting. After ��5��a' discussion it was determined the meeting would be televised. Pi►��4 (C) UPDATE ON EDMONDS FINANCIAL CENTER ACQUISITION PROCESS 1t 1, Community Services Director Paul Mar called Council attention to the packet information and asked if there were questions. Council President Petruzzi announced the City's attorneys are working with council ,of for the sellers in getting an amendment form approved for all the leases which is one of the requirements needing to be done. In talking to the attorneys regarding the timing issue, they did tentatively set August 7 for closing. August 2 has been tentatively set up, and if something goes wrong it can still be closed by the 7th. It is quite possible it will be closed a couple of days prior to August 7. (D) SPECIAL COMMENTS BY THE MAYOR AND COUNCIL PRESIDENT Mayor Hall announced receipt of the final appraisal figure regarding Fire Station No. 10, and noted there is a balance of $297 on that bill. flag O'erI D1. COUNCIL PRESIDENT PETRUZZI MOVED, SECONDED BY COUNCILMEMBER FAHEY, TO /U FORWARD AN ADDITIONAL $294 FOR THE REMAINDER OF THE PAYMENT FOR THE APPRAISAL SERVICES ON THE PURCHASE OF THE FIRE STATION, SUCH MONEY TO COME FROM THE COUNCIL CONTINGENCY FUND. MOTION CARRIED. Council President Petruzzi also said that another meeting needs to be scheduled. He reminded all that there G66 had been quite extensive talk regarding long range salary plans. He then handed out a letter from Personnel S� Manager Brent Hunter. Mr. Petruzzi further advised he had received a memo from Barb Mehlert with information from Redmond which he will pass out. He suggested an entire evening could be used on the fifth Tuesday in August.. Mayor Hall confirmed receipt of a press release regarding the police. She then recounted the event of 11:00 a.m. Thursday when a 10-year old boy was accosted outside the library by two men who took the keys to his parents car. The boy went back inside and reported the incident. The suspects are now in custody. E COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER MYERS, TO EXCUSE THE ABSENCE OF COUNCIL PRESIDENT PETRUZZI FROM THE JUNE 27 MEETING. MOTION CARRIED. There being no further business to come before the meeting for full Council review, the meeting was recessed at 9:09 p.m. to go into individual committee sessions. 0122110— "1 04 MI/ reivir M-2,; ': W�-- M wqlu e- If . Z,4 SANDRA S. CHASE, CITY CLERK APPROVED CITY COUNCIL MINUTES JULY 11, 1995 PAGE 8 JULY 11, 1995 CITY COUNCIL COMMITTEE WORK MEETING (Second Tuesday of Each Month) The three City Council committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not public hearings. The Council will first meet together as a full Council, and will then meet separately as committees in different meeting rooms as indicated below. CALL TO ORDER AT 7:00 P.M. FLAG, SALUTE 1. FULL COUNCIL REVIEW Large Plaza Meeting Room, Library Building (Second Floor) (A) (60 Min.) CELLULAR TOWER INFORMATIONAL WORKSHOP (B) (2 Min.) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT EXTENSION FOR THE PUBLIC SAFETY SPACE NEEDS CONSULTANT (C) (5 Min.) UPDATE ON EDMONDS FINANCIAL CENTER ACQUISITION PROCESS 2. PUBLIC SAFETY COMMITTEE Small Plaza Meeting Room, Library Building (Second Floor) (A) (10 Min.) DISCUSSION ON DIVE RESCUE TEAM AND RESCUE BOAT 3. \ FINANCE COMMITTEE Francis Anderson Center, 700 Main Street, Room 113 (A) (15 Min.) REVIEW OF COURTROOM SECURITY (B) (5 Min.) APPROVAL OF PETTY CASH EXPENDITURES FOR MONTH OF JUNE 1995 4. COMMUNITY SERVICES COMMITTEE Large Plaza Meeting Room, Library Building (Second Floor) (A) (15 Min.) PROPOSAL FOR HOUSING STUDY (B) (lo Min.) DISCUSSION OF NONCONFORMING PARKING LOTS (C) (lo Min.) DISCUSSION OF CITY'S POLICY ON STREET DESIGNATIONS (D) (10 Min.) DISCUSSION OF POSSIBLE SALE OF SURPLUS REAL ESTATE PROPERTIES (E) (15 Min.) DISCUSSION OF 1994 UBC APPENDICES PARKING AND MEETING ROOMS ARE ACCESSIBLE FOR PERSONS WITH DISABILITIES. CONTACT THE CITY CLERK AT 771-0245 WITH 14 HOURS ADVANCE NOTICE FOR SPECIAL ACCOMMODATIONS. THE COUNCIL AGENDA APPEARS ON CHAMBERS CABLE, CHANNEL 32. THIS MEETING IS NOT TELEI7SED.