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04/04/2006 City CouncilAddition of Executive Session Approve 3/25/06 Minutes Approve 3/28/06 Minutes Approve Claim Checks Claim for Damages Traffic Impact Fee Report April 4, 2006 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Deanna Dawson, Council President Richard Marin, Councilmember Peggy Pritchard Olson, Councilmember Dave Orvis, Councilmember Ron Wambolt, Councilmember ELECTED OFFICIALS ABSENT Michael Plunkett, Councilmember Mauri Moore, Councilmember 1. APPROVAL OF AGENDA STAFF PRESENT David Stern, Chief of Police Duane Bowman, Development Services Director Dan Clements, Administrative Services Director Brian McIntosh, Parks & Recreation Director Dave Gebert, City Engineer Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder Mayor Haakenson requested the addition of a 60 minute Executive Session at the end of the meeting to discuss a real estate matter. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, FOR APPROVAL OF THE AGENDA WITH THE ADDITION OF A 60 MINUTE EXECUTIVE SESSION AT THE END OF THE MEETING TO DISCUSS A REAL ESTATE MATTER. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, FOR APPROVAL OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF MARCH 25, 2006. (C) APPROVAL OF CITY COUNCIL MEETING MINUTES OF MARCH 28, 2006. (D) APPROVAL OF CLAIM CHECKS #86892 THROUGH #87004 FOR MARCH 30, 2006, IN THE AMOUNT OF $414,686.22. (E) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM DAVID M. WHITNEY ($582.65). (F) TRAFFIC IMPACT FEE ANNUAL REPORT. Edmonds City Council Approved Minutes April 4, 2006 Page 1 3. PUBLIC HEARING ON THE EXTENSION OF ORDINANCE NO. 3567 AN INTERIM ZONING Interim ORDINANCE AMENDING THE DEFINITIONS OF SIDE SETBACK ECDC 21.90.050 STREET Zoning Ordinance— SETBACK ECDC 21.90.140 AND REAR SETBACK ECDC 21.85.020. Setbacks Development Services Director Duane Bowman explained the Council previously established this interim zoning ordinance based on an action that overturned a Hearing Examiner decision on October 19, 2004. The Planning Board has worked on the issue and requested it be resolved via the code rewrite. Because the process to rewrite the code would take two years, he recommended the Council adopt the interim ordinance as a permanent ordinance until the rewrite is completed. An extension of the interim ordinance is therefore warranted to allow the Planning Board an opportunity to review the interim ordinance and hold a public hearing on whether to make the ordinance permanent until the code rewrite process is completed. For Councilmember Orvis, Mr. Bowman explained the ordinance needed to remain in place until the code rewrite was complete; his intent was to have the Planning Board adopt the interim ordinance as a permanent interim ordinance. During the code rewrite process, the Planning Board would provide a recommendation regarding how to address issues in the setbacks. Mayor Haakenson opened the public participation portion of the public hearing. There were no members of the audience who wished to provide testimony and Mayor Haakenson closed the public hearing. Ord# 3586 COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO Interim ADOPT ORDINANCE NO. 3586 EXTENDING THE INTERIM ZONING ORDINANCE Zoning Ordinance — AMENDING THE DEFINITIONS OF SIDE SETBACK ECDC 21.90.050, STREET SETBACK, Setbacks ECDC 21.90.140, AND REAR SETBACK ECDC 21.85.020 AND DIRECT THE PLANNING BOARD TO HOLD A PUBLIC HEARING ON THE INTERIM ORDINANCE. MOTION CARRIED UNANIMOUSLY. 4. AUDIENCE COMMENTS Building Ray Martin, Edmonds, commended the Council for their action regarding building heights, pointing out Heights I the height issue had been ongoing since 1997 when the controversial modulation height increase was Citizen adopted. With regard to the Citizen Technology Advisory Committee's report that indicated fiber optics Technology could provide 100 megabytes in 10 years, his research indicated not only was that possible but it was Advisory probable. For citizens interested in determining the speed of their connection, he advised of a website, Committee www.speakeasy.net, that could identify the number of megabytes. His connection via Comcast was 5.5 -6 megabytes and he questioned why he would need 100 megabytes in the future. Petition for Al Rutledge, Edmonds, submitted additional petition signatures in support of a neighborhood park at the Neighborhood old Wood ay Elementary School property. He encouraged the City to get more people involved in this Park effort and encouraged the public to sign a petition. Next he advised of the Edmonds Kiwanis Club's food xiwanis Club drive at Top Foods on April 7 & 8 and offered their address, P O Box 221, Edmonds, for financial Food Drive donations to the food bank. Old woudway Roger Hertrich, Edmonds, explained in his previous comments regarding the old Woodway Elementary Elementary School property, he made statements based on misinformation /lack of information. With regard to his School comment regarding the use of condemnation or eminent domain to acquire the property, he now Property understood that was not possible as the property had not been surplused by the Edmonds School District. He questioned the District's ability to accept /reject the City's offer on property without the District completing the necessary steps that includes surplusing the property, obtaining appraisals, and holding a public hearing. He noted the public and the City were under the impression that the highest bid would be what the District accepted when in actuality it was an RFP process. He suggested the Council identify a Edmonds City Council Approved Minutes April 4, 2006 Page 2 new negotiator, someone who had the City's best interest at heart. He relayed his understanding that a copy of the bid package available from the District was not available at the City until recently, noting without the bid package, the City would not have been aware of the terms. He referred to regulations that the District must follow that were contained in RCW 28A.335 and suggested the City and the School District obtain a copy. 5. MAYOR'S COMMENTS Mayor's Mayor Haakenson encouraged the public to attend one of the Mayor's neighborhood meetings in the next Neighborhood two weeks: April 5 at the Nile Country Club, April 6 in the Brackett Room of City Hall, April 12 at the Meetings Meadowdale Clubhouse and April 13 at Sherwood Elementary. 6. COUNCIL COMMENTS Council President Dawson welcomed Councilmember Orvis' son, Shane, who was in the audience. She also wished Councilmember Orvis a Happy Birthday on April 12. She congratulated Mayor Haakenson who was expecting a grandchild. She advised she would be absent from committee meetings as she would be out of town. Councilmember Wambolt wished Councilmember Orvis a Happy Birthday. Councilmember Marin commented on a Public Works project at the intersection of 80°i Avenue W and Sierra Drive where staff was testing the bypass equipment in preparation to service the lift station the next day. He commended the Public Works staff for their work, noting no one in the neighborhood was aware that work was occurring as the sewer continued to operate as usual. 7. EXECUTIVE SESSION 111 Executive Session At 7:17 p.m., Mayor Haakenson recessed the Council to a 60 minute Executive Session for discussion of a real estate matter. He advised the meeting would be adjourned with no further action following the Executive Session. GARY HAAKENSON, MAYOR SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes April 4,2006 Page 3 AGENDA l a EDMONDS CITY COUNCIL 111=-------- Council Chambers, Public Safety Complex 250 5th Avenue North 7:00 - 10:00 p.m. APRIL 4, 2006 7:00 p.m. - Call to Order and Flag Salute 1. Approval of Agenda 2. Consent Agenda Items A. Roll Call B. Approval of City Council Meeting Minutes of March 25, 2006. C. Approval of City Council Meeting Minutes of March 28, 2006. D. Approval of claim checks #86892 through #87004 for March 30, 2006, in the amount of$414,686.22. E. Acknowledge receipt of Claim for Damages from David M. Whitney ($582.65). F. Traffic Impact Fee Annual Report. 3. ( 15 Min.) Public Hearing on the extension of Ordinance No. 3567, an interim zoning ordinance, amending the definitions of Side Setback (ECDC 21.90.050), Street Setback (ECDC 21.90.140), and Rear Setback (ECDC 21.85.020). 4. Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings. 5. ( 5 Min.) Mayor's Comments 6. (15 Min.) Council Comments ADJOURN I Parking and meeting rooms are accessible for persons with disabilities. • Please contact the City Clerk at(425) 771-0245 with 24 hours advance notice for special accommodations. ❖ A delayed telecast of the meeting appears on cable television-Government Access Channel 21. • Visit the city's website at www.ci.edmonds.wa.us to view copies of all documents for this agenda.