09/05/1995 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES
SEPTEMBER 5, 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, followed by the flag salute.
ELECTED OFFICIALS PRESENT
Laura Hall, Mayor
Tom Petruzzi, Council President
William J. Kasper, Councilmember
Michael Hall, Councilmember
Dave Earling, Councilmember
John Nordquist, Councilmember
Roger L. Myers, Councilmember
Barbara Fahey, Councilmember
ALSO PRESENT
Emily Shen, Student Representative
1. APPROVAL OF AGENDA
STAFF PRESENT
Tom Miller, Police Chief
Michael Springer, Fire Chief
Brent Hunter, Personnel Manager
Art Housler, Administrative Services Director
Paul Mar, Community Services Director
Rob Chave, Planning Manager
James Walker, City Engineer
Scott Snyder, City Attorney
Phil Olbrechts, City Attorney
Lynne Hann, Deputy City Clerk
Christine Laws, Recorder
Mayor Hall announced that the Executive Session designated as Item G would be increased to 20 minutes.
COUNCIL PRESIDENT PETRUZZI MOVED, SECONDED BY COUNCILMEMBER KASPER, TO
APPROVE THE AGENDA AS AMENDED. MOTION CARRIED.
2. CONSENT AGENDA ITEMS
Councilmember Myers wished to abstain from the vote on Item D because he had not attended the hearing.
Councilmember Nordquist pulled Item G for clarification.
COUNCIL PRESIDENT PETRUZZI MOVED, SECONDED BY COUNCILMEMBER FAHEY, TO
APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED WITH
COUNCILMEMBER MYERS ABSTAINING AS TO ITEM D. The agenda items passed are as follows:
(A) ROLL CALL
(B) APPROVAL OF MINUTES OF AUGUST 22, 1995
(C) APPROVAL OF CLAIM WARRANTS #3196S THRU 93578F FOR THE WEEK OF AUGUST 21, 1995
�l ►'A,jr5 IN THE AMOUNT OF $238,331.04, AND APPROVAL OF CLAIM WARRANTS #3201S THRU #3686S
N/Q>t/iR FOR THE WEEK OF AUGUST 28, 1995 IN THE AMOUNT OF $239,901.06
G �b5 (D) APPROVAL OF FINDINGS OF FACT FROM A HEARING HELD ON AUGUST 22, 1995 ON AN
APPEAL OF THE ARCHITECTURAL DESIGN BOARD'S DECISION APPROVING A PERMIT
aF F
Approved City Council Minutes
September 5, 1995
Page I
REQUEST BY EDMONDS SCHOOL DISTRICT FOR SITE IMPROVEMENTS TO THE SHERWOOD
ELEMENTARY SCHOOL SITE LOCATED AT 22901 - 106TH AVENUE WEST UNDER FILE NO.
ADB-95-71 (Appellant: Sharon Mirante and Jane Roberts / Applicant/Appellee: Edmonds School District
No. 15) (File No. AP-95-120)
,VI 1,mE,rj (E) AUTHORIZATION FOR MAYOR TO SIGN SWAT INTERLOCAL AGREEMENT
(F) AUTHORIZATION TO CALL FOR BIDS FOR THE LIBRARY PLAZA PLANTER REHABILITATION
CAw PROJECT
'010
Councilmember Nordquist pulled Item G for clarification. He was concerned about labor costs and indirect
costs. City Engineer James Walker confirmed that the $12,000 figure shown in the Agenda Memo should
include all labor and indirect costs. He further confirmed that it is intended for Appendix A to also be
included in the $12,000.
Council President Petruzzi further clarified that the amount budgeted for the entire project is $200,000 and
the $12,000 is what is needed to repair the cracks in the incinerator.
COUNCIL PRESIDENT PETRUZZI MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO
APPROVE ITEM G. MOTION CARRIED. The item passed is as follows:
Gv,044fDA (G) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH HDR FOR THE WASTE
/�6R�g nor WATER TREATMENT PLANT INCINERATOR EVALUATION
3. AUDIENCE
Rob King, 20503 - 88th Avenue West, Edmonds, requested clarification regarding the protocol for
finalization of LID 214. City Engineer James Walker indicated the only intent wds to hold a public hearing
1P at the completion of the LID. Mayor Hall suggested Mr. King meet with Mr. Walker regarding the hearing
,[ date and to schedule any meeting. Mr. King reported that he had received an answer from TidyCo refusing
100% of his claim. He also advised that the drain catch basin that was lowered still ponds. Councilmember
Nordquist reminded Council that this matter has been scheduled for the Community Services Committee
next week. Councilmember Fahey confirmed that the public was to be given time during that committee
meeting to voice their opinions and concerns. Mr. King stated he had not yet received a copy of the LID
ordinance from Mr. Mar.
Shawn Richards, Blue Parrot Restaurant, 51 W. Dayton, Edmonds, has a problem with the three hour
parking and towing indications at the fishing pier parking lot. Mayor Hall acknowledged there was an
fjSliG impact but noted he also had restaurant parking as well. It was asked by Mr. Richards if the Police
Department could be persuaded to quit issuing tickets. Mr. Mar indicated this was a two-part ordinance.
From discussions with cabinet, the Police Chief and the City Attorney, he thinks they can refrain from
PRR��d writing tickets until this matter can be resolved. He believes resolution is possible, but details of
implementation must be addressed. Police Chief Miller reiterated Mr. Mar's comments and said they will
continue to issue warning tickets. Council President Petruzzi asked if the towing signs could be covered
until the matter is worked out, and City Attorney Scott Snyder agreed that was appropriate. It was confirmed
for Councilmember Fahey that the ordinance in question was passed on the July 25 Consent Agenda. Mr.
Richards asked to be kept advised of any developments.
James Anneberg, 8410 - 198th Street S.W., Edmonds, presented a problem which lie believes requires an
immediate solution. Mr. Anneberg has a neighbor by the name of David Anderson who he says has been
Approved City Council Minutes
September 5, 1995
Page 2
running a salvage business on his property for the past eight years. Mr. Anneberg described the activities
being pursued and presented photographs taken randomly during the past three years. Allegedly, Mr.
Anderson claims to be licensed by the City of Edmonds to run a "recycling" business, but no license has been
Cppo uncovered; he tells neighbors that is how he supports his family, but tells code enforcement that he has no
business; Mr. Anderson has admitted to Edmonds Police Officer Compton that he was licensed to run a
salvage yard, but Code Enforcement said it cannot obtain evidence. Mr. Anneberg has written to Paul Mar
1494 , 5&p and the Mayor requesting an end to this business, but was advised that it was difficult to prove violation. He
V1 has been trying since 1989 to have someone enforce the code in his neighborhood that disallows such a
,40164 business. He noted further that John Bissell, a code enforcer, has lived directly opposite Mr. Anderson since
1990 and has done nothing to initiate action. Mr. Bissell has relied upon a City policy prohibiting him from
DOM reporting code violations in his own neighborhood. Mr. Anneberg asked the City Council to not dismiss the
protection of Edmonds' neighborhoods as trivial. He believes this issue to be fundamental to good city
government and asked Council to take action immediately.
Mayor Hall recalled previously meeting with Mr. Anneberg and reviewing pictures. She said Code
Enforcement has looked into the matter, and it seems nothing can be done unless it can be proved that he has
been operating a business. Mayor Hall would like the City to fine tune the nuisance ordinance. City
Attorney Snyder advised he had provided a written report on this item. The issues are: 1) Does the City
want to use search warrants, and 2) Can the City ban certain types of vehicles.
Council President Petruzzi would like the Community Services Committee to put this on its agenda and have
Staff prepare a history packet on this property showing whether there is a nuisance and a destruction of
property values. He thinks the neighbors have put up with it long enough. Mayor Hall reiterated her belief
that this is a problem with the ordinance and thinks the City should tighten the nuisance ordinance. Mayor
Hall does not feel this should be before the committee. Council President Petruzzi commented that the
committee can review it to determine exactly what the problem is so that it may later be discussed further.
Mr. Anneberg would like to see some steps taken where people who do this sort of thing do not repeat. He
has no objection to Mr. Anderson running a business, only with the location of that business.
Councilmember Fahey said she would like the Community Services Committee to know what the ordinance
says now and, without imposing into the administrative side of government, come up with some resolution
ideas. She would like to review this at the October committee meeting.
4. COMMENDATION FOR BRAVERY
Police Chief Tom Miller presented in absentia a Commendation for Bravery to John S. Stone, an employee
dp of Petosa's Grocery. On August 4, 1995, Mr. Stone chased down and captured one of two suspects in a purse
A snatch perpetrated on an 89-year-old woman. The victim was uninjured, and the remaining suspect turned
himself in to the police later that day. Mayor Hall read the official Commendation dated September 5, 1995
and gave it to Chief Miller for later presentation to Mr. Stone.
5. RECOGNITION OF NEW VOLUNTEER FIREFIGHTERS AND VOLUNTEER
R FIREFIGHTER COORDINATOR
EFL& Fire Chief Mike Springer recited a brief history of the Fire Department which was started by volunteers.
He then presented to Council, Lt. Michael Heryla who received the two-year appointment as Volunteer
Firefighter Coordinator. Lt. Heryla then introduced new volunteer firefighters Mike Fahey, Michael Throp,
Edward Hart, Thad Hovis, Deborah Bushey, Darin Chambers, Leny Roesch, and Jay Gerlach. Chief
Approved City Council Minutes
September 5, 1995
Page 3
Springer then introduced John Hallcraft and Perry Hart. There are now ten volunteers, five for each of the
two stations.
6. REPORT FROM DOWNTOWN PARKING ADVISORY COMMITTEE
b
Community Services Director Paul Mar introduced Karen Wiggins, Chairperson of the Downtown
Parking Advisory Committee. Ms. Wiggins reported that the committee wishes to reinstall the three-hour
parking in specific areas of the BC zone that were previously removed. The impact on the neighborhoods
was too great. Councilmember Earling asked for a recounting of some of the problems encountered. Ms.
Wiggins indicated that employers and the condos do not have parking available for themselves and their
guests. The committee is trying to alleviate the 24-hour parking that has taken over since the sign removal.
Mr. Mar explained it is in part a recapturing of previously restricted parking areas.
Council President Petruzzi asked why the signs were removed in the first place. Councilmember Hall
advised that they had tried to make everything uniform. This is the only thing that can be done without
pushing the problem to another neighborhood. Councilmember Fahey stated part of it was trying to create
places off of the main business areas where employees could park all day without having to move their cars
every three hours. She believes this would leave more parking for customers and businesses.
Ms. Wiggins stated the committee is looking into establishing employee parking permits which would allow
employees to park in restricted areas.
Councilmember Kasper asked for a review of 3rd and 4th Avenues. What was originally done down there
has since been modified. Councilmember Hall said the construction was an issue on both of these streets but
actually it was ferry parkers causing the problem. Councilmember Kasper said the original thinking was that
3rd and 4th also would be opened for all day parking. Councilmember Hall agreed and stated further that
one of the long-term issues that needs to be addressed is that people do have to park 24 hours a day. He
thinks this is something we have to do to protect the citizens.
COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCIL PRESIDENT PETRUZZI, TO
ACCEPT THE RECOMMENDATION OF THE DOWNTOWN PARKING ADVISORY COMMITTEE
ON REINSTALLING THE THREE-HOUR PARKING RESTRICTIONS IN THE DESIGNATED
AREAS. MOTION CARRIED.
While Ms. Wiggins passed out a synopsis of the Ride Share Car and Van Pool Pilot Project, Councilmember
Hall recognized Officer Debbie Dawson and Rob Morrison as members of the committee. Ms. Wiggins
explained that the committee wishes to institute a city car pool/van pool project effective in January 1996 so
that availability notices and/or registration forms could be mailed out with business license renewal notices.
The committee would like to offer this parking permit at no cost to van pool/car pool people. She also
described the various conditions that would attach to the permits. In discussing the number of individuals
that would comprise a car pool, Ms. Wiggins said they would like to try two the first year as well as try to
establish satellite parking. The Methodist Church and the Westgate Chapel have been contacted. If the
satellite parking is used, it is desired that Community Transit provide a "loop" service at different times to
shuttle people back and forth. Ms. Wiggins also explained that they would like to see a program established
like that of the City of Edmonds which provides for emergency transportation home or to a satellite parking
area for a distance not to exceed 65 miles. It was suggested that decals could be placed in the left rear
window like present residential permits. Councilmember Kasper asked how they arrived at 65 miles.
Personnel Manager Brent Hunter answered that the number came from guidelines provided by Community
Transit. The guidelines provide for 6 trips per year at a maximum one-way distance of 65 miles.
Approved City Council Minutes
September 5, 1995
Page 4
Councilmember Kasper questioned parking all day in front of stores. Ms. Wiggins indicated this is why this
is a pilot project. If it gets to be a problem, they will put on some restrictions. Councilmember Nordquist
discussed what was being done in Kingston, with their van pools bringing people across the ferry and
dropping them off on this side. He questioned why we couldn't do the sane thing from this end. Ms.
Wiggins responded that the committee is starting to work very closely with Community Transit to get more
services to the people. Mr. Hunter interjected that CT has van pooling also where 6-8 people form a pool
and CT furnishes the van to them which goes in a variety of directions, including across the ferry. Mr. Mar
advised Councilmember Nordquist that we are dealing with two different categories of clientele. Student
Representative Emily Shen asked if the local businesses had been asked about this program. Ms. Wiggins
responded in the affirmative. Forms are going out to them which will come back through the committee.
Ms. Wiggins also advised they have a database program for ride sharing. Councilmember Earling thanked
Ms. Wiggins and the committee members for their work on these items. He then asked if any of the
marketing included trying to work with CT regarding publicity, etc.
COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER KASPER, TO
ACCEPT THE RECOMMENDATION OF THE DOWNTOWN PARKING ADVISORY COMMITTEE
ON INITIATING A PILOT PROGRAM ON RIDE SHARE VAN POOLS AND DIRECT STAFF AND
THE CITY ATTORNEY TO DRAFT APPROPRIATE RESOLUTIONS, ORDINANCES, POLICIES
AND PROCEDURES TO START THIS PILOT PROGRAM IN JANUARY 1996. MOTION CARRIED.
Ms. Wiggins reiterated that they are trying to start the employee parking permits on January 1, 1996. They
want to make sure there are spaces to put them and then leave areas open to businesses in town. The intent is
to come back at the November meeting and confirm there will be time to get going for January. She noted it
is a way of enforcing three-hour parking without marking tires. She said they would also be asking for the
possibility of opening up at least temporarily the old Public Works lot to alleviate employee parking permit
problems.
7. DISCUSSION ON THE REGULATORY REFORM ACT
t��
R� Ern City Attorney Phil Olbrechts and Planning Manager Rob Chave led the discussion on the Regulatory
li Reform Act. The primary purpose of this item is to give Council the opportunity to provide direction and/or
RC1 caveats to the Planning Board before the Board generates recommendations on Regulatory Reform. Mr.
Chave indicated Mr. Olbrechts will focus his portion of the presentation on 164 issues. Councilmember
Myers reminded everyone that it should be going by Referendum 48 and not Initiative 164.
Discussion followed with regard to whether or not the Planning Board should prepare a contingency plan for
property regulation amendments in case I-164 is approved in November. There should be some
modifications and delving into environmentally sensitive issues. Council President Petruzzi confirmed that
this area of environmental issues would be most costly to the City. He thinks there should be some changes
but does not want the Planning Board to address all five issues. He wants them to go to ADB standards.
Mayor Hall feels it wise to let the Planning Board decide how they want to deal with it. Council President
Petruzzi thinks it is up to Council to form policy decisions. Mayor Hall, having served on the Planning
Board, says this is totally within the purview of the Planning Board. City Attorney Snyder advised it is a
matter of priorities. By addressing the first issue of environmentally sensitive areas such as wetlands,
streams and wildlife habitats, you are picking up the most costly and most likely issues. The ADB review
will be one of the main regulations of the original reform discussions. Council should look to the
environmentally sensitive and critical issues because that is where most takings are likely to occur.
Approved City Council Minutes
September 5, 1995
Page 5
Councilmember Fahey discussed the different levels of government and the regulations sent down by them.
Mr. Olbrechts said it is more important to save the City from takings claims. Councilmember Fahey says the
City needs to be prepared and would like to see the Planning Board looking at some of these options in the
eventuality that they may pass. Council President Petruzzi confirmed that of the five items listed, Item A is
the most important item.
The second question dealt with whether the Planning Board should prepare a contingency plan for
recommended changes to application fees. Mr. Olbrechts indicated the answer to this question involves a
significant policy question; i.e. , should the costs of review studies. be part of the general fee structure for
permits and therefore paid for by those seeking permits, or should the cost of studies be a budgeted item and
therefore paid for by the public at large. Mr. Chave advised that individuals who come in pay for their own
studies. It is very difficult to ascertain which fee requirements are subject to the 1-164 fee restrictions. The
most likely candidates are those in Categories A and B as designated on page 3 of Exhibit 2. It is
recommended that at this time the Planning Board prepare a response to Categories A and B. For the maps
and studies still required, the Board will need direction from the Council as to how those costs are to be
absorbed -- by increasing all development permit fees or simply by paying for them from general tax
revenues. Council President Petruzzi stated there was nothing in the general fund to take it out of and there
are a lot of other issues that must be addressed. On the matter of fees, he thinks they must look to the people
paying. Councilmember Kasper noted that the City has been funding all critical area studies so far. He
suggested the goal is that the cost of permits will support the permit process. Mr. Chave noted that the
Meadowdale studies and site -specific studies are paid by the applicant. Councilmember Kasper said that all
storm drainage did not go to utilities.
With regard to the question of economic impact assessments, Mr. Chave indicated a similar approach can
work on this question as well. Councilmember Earling asked about the magnitude of the costs which he
estimated would range between $2,000-20,000. He thinks the economic studies will be particularly difficult.
The issue of takings and being paid for takings seems fine until you get into the act and try to figure out how
it will be realistically paid for. Councilmember Earling thinks it cost prohibitive for just about anyone who
has a project being developed. Mr. Olbrechts indicated another choice could be to not require the studies.
Mr. Chave asked for clarification with regard to what he was hearing -- it should not be part of the general
fund and a way is needed to apportion the costs.
Councilmember Kasper talked about the in -fill situation in Edmonds. Mr. Snyder discussed the issue and
indicated the only person likely to be involved is Union Oil.
The next question raised by Mr. Chave was whether Edmonds should offer just one project review process.
Mr. Chave noted the question is whether to retain individual permit processes but have an optional
consolidated process, or whether there should be a single consolidated project review process. The
advantage of individual processes is flexibility, but at the cost of confusion. The advantage of the
consolidated process is simplicity, but it also requires more up -front work by the applicant. Another
argument for keeping the individual process is that someone may want to test the waters in situations where a
project is contingent upon one or two permits. Consolidation of individual permits will also allow more
decision -making forums in the city to conduct open record hearings and closed record appeals. Another
option could be to allow partial projects to be reviewed, but reviewed through a consolidated process. In
other words, all related permits will be reviewed together, but the consolidated approval would not
necessarily represent all of the permits necessary to begin work. Council President Petruzzi requested and
received clarification of the consolidated process and its related hearings. Mr. Olbrechts further indicated
that in consolidated processes only one body hears all hearings. Council President Petruzzi confirmed there
Approved City Council Minutes
September 5, 1995
Page 6
would be no more de novo hearings. Mr. Olbrechts suggested another option is that if you don't have a
public hearing at the lower level, you have it at the appeal level. Discussion followed concerning where the
hearing should take place. It was discussed that if a hearing were before the Hearing Examiner, the decision
could then be appealed to the Council; if the hearing were before the Council, the only appeal would be
through the courts. Mr. Snyder advised it would be very similar to King County hearings. He also indicated
it would avoid sandbagging at the first hearing in order to present primary evidence at a later hearing. Mr.
Olbrechts noted that Council is still the policy maker and only individual projects will be impacted.
Councilmember Fahey asked for confirmation of her understanding that if a builder comes before Council
because the Hearing Examiner made a decision, that Council's only options were to uphold or overturn the
decision, and that it cannot remand back to the Hearing Examiner for further examination. Mr. Olbrechts
said that Council still has the authority to modify the decision. Mr. Chave indicated the limitation is what
Council will hear and the information gathered rather than ability to decide. There are no new issues on
appeal. Council President Petruzzi said that, as far as conducting open public hearings, the preponderance of
opinion is for the Hearing Examiner to hold the public hearings and for Council to handle the closed -record
appeal. Responding to Councilmember Myers' question, Mr. Chave advised that under the modified
consolidated process, there is not a need to explain each individual process. Councilmember Myers asked
Mr. Chave if it were his opinion that it is better and easier for the public to have consolidated processes. Mr.
Chave responded that it is less confusing than having individual permits and processes. Councilmember
Kasper asked what that will do to the ADB and was told that under Regulatory Reform it may need to take
on a different role. He suggested the ADB can still be an advisory agency. Councilmember Petruzzi said
that the modified consolidated process is where the Planning Board should concentrate its efforts.
Mr Chave stated Staff believes the code amendments proposed by the Board will target the process issues,
but any additional public comments will be saved and folded into our general code overhaul scheduled for
next year. Also scheduled for next year are sign issues.
Mr. Chave commented that subdivision review could be assigned to the Hearing Examiner. Councilmember
Kasper confirmed Mr. Chave was discussing final approval. Council President Petruzzi asked
Councilmembers Kasper and Nordquist if they had any problems in the past with having the final approval
before the Council. Councilmember Kasper did not recall any major problems. He thinks it would be
questioned whether the Hearing Examiner should make all decisions. Mr. Chave suggested the Planning
Board could look at possibilities and questions. He finished by saying that the Planning Board will work on
recommendations to bring back to Council.
Mayor Hall called a four -minute break. The meeting reconvened at 9:01 p.m. with Ms. Shen absent.
8. DISCUSSION ON VIDEO TAPING COUNCIL MEETINGS
IP0�0
Council President Petruzzi indicated this matter was before Council at the request of City Clerk Sandy
Pig
t)L Chase. It is her recommendation that these tapes be held for a period of 90 days and then be recycled. Mr.
5 Petruzzi feels it is better to review a meeting when you can actually see who is speaking and believes these
M9�� tapes are the best source. He would like to see them held for two years.
Councilmember Kasper said he had never watched one and never would. He raised the issue of whether a
short meeting recorded over a longer meeting would cause confusion because the rest of the tape could not
be erased. He feels other people have these tapes.. He also noted that these could be used in campaigns. To
him, the 90 days seems short.
Approved City Council Minutes
September 5, 1995
Pale 7
Councilmember Hall suggested keeping one tape and recycling the other two. He also believes these tapes
can be erased with a magnetic eraser prior to re-recording. Mostly what is done is running one tape all the
way through and getting into the second tape. You can easily tell when the meeting ends. He agrees that
there is no need to keep all copies.
Councilmember Fahey would like to see one copy kept to review for a longer period than 90 days. If storage
is a problem, she feels it would be appropriate to store these tapes in the Council office because Council
most likely will be the ones wishing to review them. She further believes the library can decide how long to
keep the tapes available. She also believed a two year period appropriate.
Mayor Hall agreed there could be a longer time frame to save the tapes.
Council President Petruzzi commented that one tape is going to the Clerk, another copy goes to the library
and another to Chambers Cable. Councilmember Hall suggested that since the original goes to Chambers, it
could be sent to the Clerk when they have finished with it. He thinks the library can keep the tapes as long
as they wish.
COUNCIL PRESIDENT PETRUZZI MOVED, SECONDED BY COUNCILMEMBER FAHEY, THAT
COUNCIL'S COPY OF THE TAPES BE KEPT FOR A MINIMUM OF TWO YEARS, THE LIBRARY
KEEP ITS COPIES FOR A MINIMUM OF SIX MONTHS, AND THE OTHERS RECYCLED. CITY
ATTORNEY SNYDER NOTED AS A POINT OF CLARIFICATION THAT THE TAPES ARE NOT AN
OFFICIAL RECORD OF THE COUNCIL, BUT COPIES ARE FOR THE CONVENIENCE OF
COUNCIL. MOTION CARRIED.
9. - DISCUSSION ON PUBLIC SERVICE ANNOUNCEMENTS
G
101 6 Mayor Hall introduced the issue of Public Service Announcements (PSAs) given just prior to the Council
Wp0 5 meetings for the viewing by the citizens on their cable television stations. She asked City Attorney Scott
An Mgt1f Snyder to provide some procedures and rules for the PSAs.
Mr. Snyder explained that as the recent decision of the Supreme Court regarding student newspapers at the
University of Virginia noted, when a public entity creates a "forum" for speech, it loses control of the content
of the material presented. Religious, political and other groups have the right to use the forum in a "content
neutral" format. In an election year this poses special problems, particularly given the City's obligation
under state law not to use public funds to advance candidates or ballot issues. The state of the law has been
over the year to continually extend the right of public expression. It is his recommendation that Council
adopt content neutral rules of procedures regarding Public Service Announcements.
Councilmember Kasper asked if this was a good time to start -- in the middle of an election year. Mayor
Hall believes there is a fail-safe -- limit them to 30 seconds and require them to go through Staff. Mr.
Kasper expressed concern that it could bring about a series of arguments during the audience participation
portion of the meeting. Council President Petruzzi said the City Attorney had taken these issues into account
when he came up with the suggested rules. Mayor Hall clarified that Councilmember Kasper was referring
to arguments arising out of a disagreement with the statements made by the Public Service Announcement.
Councilmember Hall feels the proposed ordinance is very well drafted and incorporates all issues of -
censorship, equal opportunity, and ruling whether there is a needed segregation when there are no limits on
Approved City Council Minutes
September 5, 1995
Page 8
the public participation portion. He suggested if someone was turned down on their script, they can come up
and say it anyway during audience participation.
Councilmember Nordquist stated his belief that Council meetings are getting longer and that the length is at
the beginning of the meeting. The heart of the meeting does not start until about 8:00 p.m. These should be
from 6:00-7:00 and not build into a meeting. He cannot endorse this matter at this time.
Councilmember Myers stated he was originally in favor of the issue. Now, because of regulatory
management he believes Chambers should be the one to deal with the PSAs.
Councilmember Kasper thinks if it is done, Council should have nothing to do with it. Mayor Hall indicated
a desire to wait in order to prevent some of the anticipated difficulties.
COUNCIL PRESIDENT PETRUZZI MOVED, SECONDED BY COUNCILMEMBER MYERS, TO
TABLE THE DISCUSSION. MOTION CARRIED.
10. UPDATE BY COMMUNITY SERVICES DIRECTOR PAUL MAR REGARDING
mwy�L TRANSPORTATION ISSUES AND FUNDING FOR THE MULTIMODAL PROJECT
M
pRl�1- Community Services Director Paul Mar called attention to the fact that the packet memo showed the
activities over the past two months. One piece of good news is that Edmonds has submitted its Section 9
FTA grant 10 months after receiving word of its receipt.
COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER MYERS, TO
ACCEPT THE REPORT. MOTION CARRIED.
11. MAYOR
Mayor Hall reported on a good space needs study meeting. On September 26 the work meeting is a
t
D discussion of the public safety needs. Councilmember Kasper asked whether the Public Safety Space Needs
Committee meetings would be publicized in the future. Mayor Hall indicated that it would probably not be
SRF� necessary because there are only three Councilmembers on that Committee. Councilmember Myers stated
S��DS 'he wuld like the meetings to be publicized and that he was prepared to propose that the City do that. Mayor
Hall stated that she would be conferring with the City Attorney before the issue is discussed further.
Mayor Hall also announced that Charles Day has achieved the position of being a certified financial planner.
She then read a letter from Jim and Betty Kane which contained thanks to the Community Services
Department.
12. INDIVIDUAL COUNCIL REPORTSIIJPDATES ON RESPECTIVE BOARD MEETINGS
(Continued from 8/22/95)
Council President Petruzzi reiterated statements concerning Council's decision on public safety space
needs. He wants to make sure all members are on track about the guidelines for a public safety project as set
forth in the July 25 minutes. He then reviewed and restated the issues. If Council continues to try to expand
the program, there will be problems. He expects that when the committee meets it will be discussing the
public safety issue within the confines of Council policy.
Approved City Council Minutes
September 5, 1995
Page 9
7 Medic 7 and SnoComm are being faced with problems in that all are receiving more calls than the present
�Eotr; personnel can handle. The half-time unit was intended to be a temporary unit. In the July 1995 report, the
unable section stated that Medic 7 and I 1 were unable to handle 62 calls in 1994, 9 of them in Edmonds; in
1995, there were 94 unables with 19 being in Edmonds. Not all have had happy endings. In fact, a couple of
unables had a very negative impact. Further, Council got a letter on August 22 from Adelle Reid regarding a
medical assistance call. Council President Petruzzi suggested the Council consider the second unit working
24 hours.
Councilmember Earling announced that the last roundtable of Snohomish County delegates of the RTA is on
p(A Sept. 14 and coincides with the candidate meeting at the Methodist Church.. He also announced that CT has
just completed its six -year plan for bus needs for Snohomish County. There are a number of innovative
changes in philosophy. He requested Council President Petruzzi to set the matter for a 15 minute
presentation in 4-6 weeks to familiarize Council with the six -year plan. Mr. Earling will contact Staff and
come up with a date.
,*I, Regarding the purchase of the Financial Center, Councilmember Earling thinks it would be good for the
spirit of the city to hold some sort of celebration
would give
1✓'144 'C d R Council a chance to also acknowledge hirpurchase ebuilding. e s Council asbe being willing tos step up and address the of the
City. It will also give Council and the Mayor an opportunity to acknowledge Councilmember Kasper for his
contributions on the space needs. He suggested a commemorative plaque be placed on the building that
would capture this Councils, and especially Councilmember Kasper's, efforts. He asked Council to consider
the matter which he will bring up again later.
Councilmember Myers reported he had attended two space needs meetings and would like the future
�ry-•9u� meetings to be advertised as are the meetings of the City Council. At the last meeting, because all four
�X Council representatives were there, Mr. Kasper had volunteered to leave. Councilmember Myers indicated
PAcoS he had missed Mr. Kasper's expertise. Mayor Hall suggested the possible rotation of Councilmembers.
Further discussion was had regarding possible options and legal ramifications. Limited participation was
stressed if the entire Council were to be present. Open meeting law compliance was also discussed. Several
Council members indicated a strong desire for as many of them as possible to have as much information as
possible so that an informed decision can be made. She again stressed that this is not a Council committee
per se and she would like to have all Councilmembers present at all meetings if that were appropriate. At
this point in time she does not feel it appropriate. Mayor Hall stated that this committee is not a Council
Committee but rather a committee appointed by her to look into the public safety space needs. She indicated
that this has been the procedure for many years, and having all the Councilmembers present would be a
major change from that procedure. She noted that there were only two Councilmembers on the Space Needs
Committee to secure the Financial Center and this committee should work the same way.
Mayor Hall also indicated that the Councilmembers who attend this Space Needs Committee will be rotated.
In addition, minutes and tapes of the committee meetings are available, and there will be an all -Council
discussion on space needs on September 26th. She stated that this issue will be decided after the City
Attorney has had an opportunity to comment.
Councilmember Fahey reported that the Cascade Board has not been meeting. Regarding the grant for a
multipurpose facility, it is anticipated it will get done within the next two weeks. She hopes to have a
Cascade Board report in October or November.
Approved City Council Minutes
September 5, 1995
Page 10
5�lpR51 Councilmember Fahey then reported that the Edmonds Visitors' Bureau was meeting every month and are
1�1 „gyµ working through various materials and are trying to figure out what the appropriate niche is for the ADB in
terms of a more comprehensive program of economic development.
Councilmember Hall passed around a synopsis of what has been done on the Health District. One of the
ad primary issues was the question of when the cities would receive their money back. The answer is that if
AJA
�ltf there is a change in governance, cities will get their proportionate shares. If the building ceases to be used as
pis a public health facility, the cities will get their proportionate shares. Councilmember Hall would have been
more comfortable with some sort of trigger point, but that didn't happen. There was then a brief discussion
of the upcoming mortgage burning party.
Councilmember Kasper commented regarding the space needs committee meetings. He has watched them
S10 all the way through and feels the last person to come in should just sit in the audience. Mayor Hall indicated
#gO that she wants the participation of Council. Mr. Kasper believes there is a need to have them there. He
CpMA1• noted further that when the committee goes off on its own, it comes back with something off the wall. He
thinks it is the Staffs job and Council's job to take part. Their job was to create a committee for the bond
issue and not get into all of planning of the facility.
Councilmember Hall interjected his observation that huge jumbo jets had been flying low across the houses.
He asked if anything could be done.
13. EXECUTIVE SESSION ON LEGAL MATTERS
There being no further business to come before .the Council, the meeting was recessed to a 20-minute
Executive Session on three legal matters at 9:58 p.m., to adjourn from there. .
LAURX-M—3AO.
4/� 25:J Z6�
SANDRA S. CHASE, CITY CLERK
Approved City Council Minutes
September 5, 1995
Page 11
AGENDA
EDMONDS CITY COUNCIL
PLAZA MEETING ROOM -LIBRARY BUILDING
SEPTEMBER 5, 1995
CALL TO ORDER - 7:00 P.M.
FLAG SALUTE
1. APPROVAL OF AGENDA
2. (5 Min.) CONSENT AGENDA ITEMS
(A) ROLL CALL
(B) APPROVAL OF MINUTES OF AUGUST 22, 1995
(C) APPROVAL OF CLAIM WARRANTS #3196S THRU #3578F FOR THE WEEK OF AUGUST 21, 1995 IN THE
AMOUNT OF $238,331.04, AND APPROVAL OF CLAIM WARRANTS #3201S THRU #3686S FOR THE
WEEK OF AUGUST 28, 1995 IN THE AMOUNT OF $239,901.06
(D) APPROVAL OF FINDINGS OF FACT FROM A HEARING HELD ON AUGUST 22, 1995, ON AN APPEAL OF
THE ARCHITECTURAL DESIGN BOARD'S DECISION APPROVING A PERMIT REQUEST BY EDMONDS
SCHOOL DISTRICT FOR SITE IMPROVEMENTS TO THE SHERWOOD ELEMENTARY SCHOOL SITE
LOCATED AT 22901 106TH AVENUE WEST UNDER FILE NO. ADB-95-71 (Appellant: Sharon Mirante and
Jane Roberts / Applicant/Appellee: Edmonds School District No. 15) (File No. AP-95-120)
(E) AUTHORIZATION FOR MAYOR TO SIGN SWAT INTERLOCAL AGREEMENT
(F) AUTHORIZATION TO CALL FOR BIDS FOR THE LIBRARY PLAZA PLANTER REHABILITATION
PROJECT
(G) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH HDR FOR THE WASTEWATER
TREATMENT PLANT INCINERATOR EVALUATION
3.
AUDIENCE (3 minute limit per person)
4.
(10 Min.)
COMMENDATION FOR BRAVERY
5.
(10 Min.)
RECOGNITION OF NEW VOLUNTEER FIREFIGHTERS AND VOLUNTEER FIREFIGHTER COORDINATOR
6.
(30 Min.)
REPORT FROM DOWNTOWN PARKING ADVISORY COMMITTEE
7.
(60 Min.)
DISCUSSION ON THE REGULATORY REFORM ACT
8.
(10 Min.)
DISCUSSION ON VIDEO TAPING COUNCIL MEETINGS
9.
(10 Min.)
DISCUSSION ON PUBLIC SERVICE ANNOUNCEMENTS
10.
(10 Min.)
UPDATE BY COMMUNITY SERVICES DIRECTOR PAUL MAR REGARDING TRANSPORTATION ISSUES
AND FUNDING FOR THE MULTIMODAL PROJECT
11. (5 Min.) MAYOR
12. (15 Min.) INDIVIDUAL COUNCIL REPORTS/UPDATES ON RESPECTIVE BOARD MEETINGS (Continued from 8/22/95)
13. (15 Min.) EXECUTIVE SESSION ON A LEGAL MATTER
Parking and meeting rooms 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.