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07/02/1996 City CouncilI I I -pp--- I Winutes I jApprove Iminutes I ICIa.,l .. :. t. I U im for ges EDMONDS CITY COUNCIL APPROVED MINUTES JULY 29 1996 Following an Executive Session on a legal matter, the Edmonds City Council meeting was called to order at 7:10 p.m. by Mayor Barbara Fahey in the Library Plaza Room, 650 Main Street. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Barbara Fahey, Mayor Dave Earling, Council President Tom Petruzzi, Councilmember John Nordquist, Councilmember Roger L. Myers, Councilmember Jim White, Councilmember Dick Van Ho.1lebeke, Councilmember Gary Haakenson, Councilmember ALSO PRESENT Alex Moore, Student Representative 1. 1 APPROVAL OF AGENDA STAFF PRESENT Michael Springer, Fire Chief Tom Miller, Police Chief Paul Mar, Community Services Director Art Housler, Administrative Services Director Rob Chave, Planning Manager Scott Snyder, City Attorney Sandy Chase, City Clerk Jeannie Dines, Recorder COUNCELMEMBER. MYERS MOVED, SECONDED BY COUNCILNMMBER VAN HOLLEBEKE, FOR APPROVAL OF THE AGENDA. MOTION CARRIED. 2. CONSENT AGENDA ITEMS COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMENMER VAN HOLLEBEKE, FOR APPROVAL OF THE CONSENT AGENDA. MOTIONCARRIED. Theitems passed are as follows: (A) ROLL CALL. (B) APPROVAL OF MINUTES Of JUNE 25,1996 (C) APPROVAL OF SPECIAL MEETING MINUTES OF JUNE 27,1996 (D) APPROVAL OF CLAIM WARRANTS #9169S THRU #10992F FOR THE WEEK OF JUNE 24,1996 IN THE AMOUNT OF $195,772.37 (E) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM MICHAEL JUSTIN KARR ($100,000) Edmonds City Council Approved Minutes July 2, 1996 Page I Ord S 9 -179 (F) 309"1 SOTH AVENUE WEST PUBLIC RIGHT-OF-WAY ADJACENT TO THE PROPERTY T- ORDINANCE NO. 3098 VACATING A PORTION OF THE EASTERN 5-FOOT OF THE .LOCATED AT 19525 * 80TH AVENUE WEST IN EXCHANGE FOR DEDICATION OF CERTAIN OTHER PROPERTY FOR RIGHT-OF-WAY PURPOSES. (Applicant: Kenneth Johnson / File No. ST-95-179) *Note: Item F was reconsidered at the end of the meeting, and a revised ordinance replaced the ordinance contained in the packetfor the consent agenda. Ord. 3099 (G) ORDINANCE NO. 3099 AMENDING THE EDMONDS COMMUNITY DEVELOPMENT Wireless co=uni CODE TO CREATE A, NEW CHAPTER (CHAPTER 20.50) RELATING TO THE Cat on Facilities REGULATION OF WIRELESS COMMUNICATION FACILITIES AND AMENDMENTS TO TITLE 21 "DEFINITIONS". THESE AMENDMENTS EXEMPT ANY RECEIVING OR TRANSMITTING ANTENNAS REGULATED BY THE FCC WHICH THE CITY IS PRE-EMTTED FROM REGULATING. Pine (H) AUTHORIZATION FOR MAYOR TO SIGN A SUPPLEMENTAL AGREEMENT TO Ridge Park THE EXISTING PROFESSIONAL SERVICE AGREEMENT WITH REED MIDDLETON TO PROVIDE PINE RIDGE PARK SURVEY ($11,750.00) Cemetery well. (1) AUTHORIZATION FOR PURCHASE OF PUMT FOR CEMETERY WELL ($5,451.97) 3. AUDIENCE Adul t el Critchley, 705 Driftwood Place, Edmonds, indicated he missed the recent forum on adult Enter- entertainment and noted the lack of participation was due to the time of year. Further, many people who tainment: worked on this issue would have liked to attend but may have thought the battle was over. On a different matter, he questioned whether 8923 236th Ave. SW was within the City limits and, if so, there is an elicit business at that address that should be taken care of by the City. Further, he explained the recent ValuJet investigation has revealed the FAA is in a position similar to the Federal Railroad Association, Train responsible for both promotion and safety. He thanked the Council for considering safety during their recent consideration of expansion of the ferry terminal and reiterated the need for an overpass due to the railroad tracks in the downtown area. He noted during a recent vacation, he learned there are other cities who are fighting the railroad and the railroad does not want to participate in any 9afety measures. He urged the Council to stand by its safety vote. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, congratulated Councilmember Roger Myers on his Adul t appointment as Athletic Director for the Edmonds School District for one year. Also, he urged the Miter- tainment Council to notify the approximately 25 people who attended the recent forum on adult entertainment of the upcoming public hearings. F Brent Masters, 24585 Madura Drive NE, Vingston, former Co -Chair of the Edmonds Parking TZM n a. I' Advisory Committee, indicated he missed the recent meeting on the ferry terminal. In talking with others, it was determined erroneous information was presented at the meeting. City Attorney Scott Snyder interrupted, stating the Council had not yet entered its Findings on that issue. Additional testimony would be considered ex-parte communication and the public hearing would be required to be reopened. Edmonds City Council Approved Minutes July 2, 1996 Oage 2 Councilmember Petruzzi did not want to reopen the public hearing and recommended Mr. Masters make his comments to the newspaper and not directly to the Council. Mr. Masters acknowledged the Council's wish not to reopen the public hearing but encouraged the Council to look at their options for reopening the issue as important information had not been heard from constituents in Kitsap County. Mayor Fahey commented regarding the adult entertainment issue. She noted there would be additional opportunity for public input as public hearings will be held when the proposed ordinance is reviewed by the Planning Board and also when it is considered by the Council. Mr. Snyder noted ihe recent forum revealed citizens preferred future ordinances refer to adult entertainment as "sexually oriented businesses". 4. HEARING RESOLUTION NO. 848 AUTHORIZING CIRCULATION OF 60% ANNEXATION Reso 848 PETITION FOR TBE "SEAFIRST BANK[KRAVAGNA TRUST" ANNEXATION OF THE Annexation Petition UNINCORPORATED AREA LOCATED IN THE SOUTHEAST CORNER OF 76TH AVENU WEST AND OLYMTIC VIEW DRIVE. THE RESOLUTION WILL ALSO ESTABLISH THE BOUNDARIES OF THE PROPOSED ANNEXATION, ESTABLISH ZONING FOR PROPOSED ANNEXATION AREA AND DETERAHNE WHETHER OR NOT ANNEXATION WILL BE SUBJECT TO THE EXISTING BONDED INDEBTEDNESS OF THE CITY. (Eroponents: Seafirst Bank, Trustee for Anton Kravagna and Agent for Dorothy Dorothy Kravagna / He No. AX-96-65) Kra.vagna; Planning Manager Rob Chave indi cated this was a two part action by the Council, 1) to hold a meeting with the petitioner to discuss their annexation proposal, and 2) to hold a public hearing. At the conclusion of the hearing, the Council is asked to take action as outlined in staffs recommendation. Mr. Chave displayed the annexation proposal, noting this is an attempt to complete annexation of unincorporated areas in and around Perrinville. This property (southeast of the intersection) was left out by the Boundary Review Board (BRB) in 'the pending annexation effort northeast of the Perrinville intersection. Michael Murray, 2600 Two Union Square, 601 Union Avenue, Seattle, an attorney representing Seattle First National Bank as Trustee and agent for Dorothy Kravagna, explained both property owners, who own 100% of the assessed valuation of the property, have petitioned the City to complete the annexation as presented. Councilmember Petruzzi recalled an appeal had been filed on the BRB's decision concerning the proposed Perrinville Annexation, and inquired about the status. Mr. Murray explained there are two appeals, one by the City of Edmonds and one by SeaFirst National Bank and Dorothy Kravagna. The appeals are pending, therefore he could only state, as contained in the record, that the appellants believe the contest of the original annexation proposal- by . the City of Lynnwood of Edmonds' annexation was incorrect and fatally flawed as was the BRB's decision. The decision seemed to be based on the assumption that if this area was excluded from the balance of the annexation, it would be annexed into the City of Lynnwood. There was neither a factual or legal basis for this which was pointed out to the City of Lynnwood, the BRB, and Snohomish County Council following the BRB's action. Further, there was no opportunity for the property owner to comment on the affect this would have. In the absence of annexation and the fact that the City of Lynnwood cannot force the annexation of the property without Edmonds City Council Approved Minutes July 2, 1996 Page 3 the consent and participation of the property owner, an eight acre island of unincorporated Snohomish County would be created. City Attorney Scott Snyder explained there cannot be two annexations pending for the same property but that issue does not arise until the Council's action to accept the annexation petition The issues addressed by Mr. Murphy should be considered by the Council before its final decision, but this action is' only to begin the process. Mr. Murray noted as part of this process, the annexation petition would be submitted to the BRB for its action. Mayor Fahey opened the public participation portion of the hearing. There was no public participation. Mayor Fahey closed the public participation portion and remanded the matter to Council for action. COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCILMENMER MYERS, FOR THE RECOMMENDED ACTION (ADOPTION OF RESOLUTION NO. 848 AUTHORIZING THE PREPARATION AND CIRCULATION OF "60%" ANNEXATION PETITIONS FOR SIGNATURE). MOTION CARRIED. 5. HEARING ON PLANNING BOARD RECOMMENDATION TO APPROVE A PROPOSED F -� -T E, � 7- REZONE OF APPROXIMATELY 8,127 SQUARE FEET (.19 ACRES) FROM RS-8 TO mtl.5. St. SW 3;th THE SUBJECT PROPERTY IS CURRENTLY -DEVELOPED WITH A SINGLE FAMILY RESIDENCE AND LOCATED AT 8629 238TH STREET SOUTHWEST, (Applicant: Edmonds Planning Division / File No. R-96-59) Planning Manager Rob Chave explained when the annexation of this property was completed, the comparable existing zoning in the County was adopted. The rezone of this property from RS-8 to RM- 1.5 is supported by the existing zoning and development pattern as well as the Comprehensive Plan. Therefore, staff recommends the change in zoning. Mayor Fahey opened the public participation portion of the hearing. Estella Radu, 8629 238th St. SW, Edmonds, said they believe the property should be rezoned as all surrounded property is multi -family. She urged the Council to approve the rezone. In response to Council President Earling's question, she answered the Villa Royale is adjacent to their property. 4 Mayor Fahey closed the public participation portion and remanded the matter to Council for action. COUNCIELMEMBER PETRUZZI MOVED, SECONDED BY COUNCELMEMBER NORDQUIST, TO APPROVE THE REZONE REQUEST AND AUTHORIZE THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCE FOR COUNCIL ADOPTION. MOTION CARRIED. 6. HEARING ON PROPOSED AMENDMENT TO EDMONDS COMMUNITY DEVELOPMENT or,. '100 CODE SECTIONS 16.50.010.A.7 AND 16.60.010.D.1 TO DELETE A SUPERSEDED SUNSET Stu'set CLAUSE. (Applicant: Edmonds Planning Division / File No. CDC-96-57) Clause, Planning Manager Rob Chave explained this was primarily a housekeeping matter. The original ordinance for Saturday Markets contained a Sunset Clause which permitted the markets for only one year. When the ordinance to allow Saturday Markets permanently was adopted, the reference to the Sunset Clause was not deleted. Edmonds City Council Approved Minutes July 2, 1996 Page 4 Mayor Fahey opened the public participation portion of the hearing. There were no members of the public who wished to speak; therefore, the public participation portion was closed and the matter remanded to Council. COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE ORDINANCE NO. 3100 CONTAINED IN EXHIBIT 1. MOTION CARRIED. The Ordinance reads as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ANlENDING THE PROVISIONS OF SECTIONS 16.50.010(A)(7) AND 16.60.010(D)(1) TO DELETE A SUPERSEDED SUNSET CLAUSE. 7. ORDINANCE NO. 3101 AMENDING EDMONDS CITY CODE CHAPTER 9.20 TO READ 10rd. .31011 Sidewalksl SIDEWALK CONSTRUCTION AND MAINTENANCE Administrative Services Director Art Housler explained in the Rivett v. Tacoma case, the Washington State Supreme Court found that the City of Tacoma's ordinance requiring the abutting landowner to indemnify the City against claims for damages was unconstitutional. This and recent changes in legislation which limit abutting property owner's responsibility for construction and reconstruction of sidewalks, necessitate a revision in the City's existing ordinances. Mr. Housler congratulated City Attorney Scott Snyder for working with the Washington State Insurance Authority to develop a model ordinance for the entire m'surance pool. City Attorney Scott Snyder pointed out "Director of Public Works" in the ordinance should be changed to "Community Services Director". Mr. Snyder explained as a result of the Rivett v. Tacoma case, the City can no longer require abutting property owners to indemnify the City from damages. In addition, the State Legislature enacted limits on the percentages that can be assessed against abutting property owners for sidewalk repair and prohibits City's from passing costs back to abutting property owners for damage caused by the City's failure to enforce its ordinances or for damage caused by the City. COUNCILNIEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER HAAKENSON, THAT THE COUNCIL ADOPT ORDINANCE NO. 3101, WITH THE CHANGE IN LANGUAGE AS REFLECTED IN THE DISCUSSION TO CHANGE THE DIRECTOR OF PUBLIC WORKS TO COMMUNITY SERVICES DIRECTOR. MOTION CARRIED. The Ordinance reads as follows: AN ORDINANCE AMENDING THE EDMONDS CITY CODE BE REPEALING CHAPTER 9.20 SIDEWALK CONSTRUCTION AND ENACTING IN ITS PLACE AN AMENDED CHAPTER ENTITLED SIDEWALK CONSTRUCTION AND MAINTENANCE. RECONSIDERATION OF CONSENT AGENDA ITEM 4F Reconsider .Agenda Item #F City Attorney Scott Snyder advised he was out of the room when the Council adopted the Consent Agenda, including Item F, which vacates a portion of right-of-way on 80th Avenue. The ordinance was revised to reflect the reservation of a pedestrian easement, but the fax copy of the revised ordinance did not reach the City Clerk in time. He requested the Council reconsider the passage of Consent Agenda Item F and vote on the adoption of the revised ordinance which preserves the pedestrian easement and accepts the dedication by quit claim deed. Edmonds City Council Approved Minutes July 2, 1996 Page 5 COUNCILMEMBER NORDQUIST MOVED, COUNCILMEMBER MYERS SECONDED, FOR RECONSIDERATION OF ITEM F. MOTION CARRIED. COUNCIULMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEI�IBER MYERS, FOR PASSAGE OF ITEM F. Councilmember Haakenson pointed out the ordinance referred to the City Council of Poulsbo. Mr. Snyder advised that would be corrected. MOTION CARRIED. 8. MAYO 14th If Mayor Fahey announced start times and locations for the 4th of July children's and main parade. July Followingthe parade, the Fire Department will have its traditional water ball contest. Other activities will take place at City Park, including a one plane air show over Puget Sound by Al Hendricks. The evening will conclude with fireworks at the Boys Club field. Mayor Fahey announced the youth circus taking place on July 17 and 18 at the Civic Center Playfield Events and the City's Concerts in the Park series which begins July 7 and continues through August 25. Saturday, July 6 is the first of several Summer Saturday Markets presented by the Edmonds Historical Society between 5th and 6th on Bell Street. Mayor Fahey advised there will be a hearing before the Puget Sound Regional Council on July 11 to EPuget address the issue of the third runway at SeaTac. Cities are asked to participate and be represented in the Sound Regional vote. She advised the amendments to the Metropolitan Transportation Plan were available at the Mayor's co=Cil office if any Councilmembers were interested in attending. 9. COUNCI Councilmember Petruzzi said he would be unabl e to attend a meeting of the SnoCom/Medic 7 Board on Thursday July I I at 8:00 a.m. and asked Mayor Fahey to attend in his place. Mayor Fahey agreed. Councilmember Myers reflected on the recent tragedy of the servicemen in Saudia Arabia and urged everyone to appreciate what they have in this country. Councilmember Nordquist complimented Fire Chief Springer, his staff and Mayor Fahey for the program at the Open House for Fire Station No. 10. He also thanked the City of Lynnwood for participating in the program. Mayor Fahey thanked Councilmembers Nordquist, Myers, and Petruzzi for attending the Fire Station open house. She thanked Fire Chief Springer for planning the event and for officially acknowledging the Fire Station as part of the Edmonds Fire Department. Mayor Fahey announced the Old Settler's Association annual picnic on August I I at City Park. Families who settled in the area before 1940 are asked to contact Glen Polzin at 776-8595. With no further business, Mayor Fahey adjourned the meeting at 8:00 p.m. 'Mr t CiTy" =M* BAPBAPA'S. FAB,EYF IS RA S. mwplz Edmonds City Council Approved Minutes July 2, 1996 Page 6 11 I I AGENDA EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street 7:00 - 10:00 p.m. JULY 2,1996 SPECIAL MEETING 0 w ...... I ..... :A1EGA!.'.MAT E T :SESSI WREGARDING: .... ......... 1*1.'O�-.."i*.'�ii.�""*050.0*..T * " ** * * ... * 101 . . ......... ... CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF MINUTES OF JUNE 25,1996 (C) APPROVAL OF SPECIAL MEETING MINUTES OF JUNE 27,1996 (D) APPROVAL OF CLAIM WARRANTS #9169S THRU #10992F FOR THE WEEK OF JUNE 24,1996 IN THE AMOUNT OF $195,772.37 (E) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM MICHAEL JUSTIN KARR ($100,000) (F) PROPOSED ORDINANCE VACATING A PORTION OF THE EASTERN 5-FEET OF THE 80TH AVENUE WEST PUBLIC RIGHT-OF-WAY ADJACENT TO THE PROPERTY LOCATED AT 19525 80TH AVENUE WEST IN EXCHANGE FOR DEDICATION OF CERTAIN OTHER PROPERTY FOR RIGHT-OF-WAY PURPOSES. (Applicant: Kenneth Johnson / File No. ST-95-179) (G) PROPOSED ORDINANCE AMENDING THE EDMONDS COMMUNITY DEVELOPMENT CODE TO CREATE A NEW CHAPTER (CHAPTER 20.50) RELATING TO THE REGULATION OF WIRELESS COMMUNICATION FACILITIES AND AMENDMENTS TO TITLE 21 "DEFINITIONS". THESE AMENDMENTS EXEMPT ANY RECEIVING OR TRANSMITTING, ANTENNAS REGULATED BY THE FCC WHICH THE CITY IS PRE- EMPTED FROM REGULATING. (H) AUTHORIZATION FOR MAYOR TO SIGN A SUPPLEMENTAL AGREEMENT TO THE EXISTING PROFESSIONAL SERVICE AGREEMENT WITH REID MIDDLETON TO PROVIDE PINE RIDGE PARK SURVEY ($11,750.00) (1) AUTHORIZATION FOR PURCHASE OF PUMP FOR CEMETERY WELL ($5,451.97) 3. AUDIENCE (3 minute limit per person) 4. (20 Min.) HEARING ON PROPOSED RESOLUTION AUTHORIZING CIRCULATION OF 60% ANNEXATION PETITION FOR THE "SEAFIRST BANKIKRAVAGNA TRUST" ANNEXATION OF THE UNINCORPORATED AREA LOCATED IN THE SOUTHEAST CORNER OF 76TH AVENUE WEST AND OLYMPIC VIEW DRIVE. THE PROPOSED RESOLUTION WILL ALSO ESTABLISH THE BOUNDARIES OF THE PROPOSED ANNEXATION, ESTABLISH ZONING FOR THE PROPOSED ANNEXATION AREA AND DETERMINE WHETHER OR NOT THE ANNEXATION WILL BE SUBJECT TO THE EXISTING BONDED INDEBTEDNESS OF THE CITY. (Proponents: Seafirst Bank, Trustee for Anton Kravagna and Agent for Dorothy Kravagna; Dorothy Kravagna I File No. AX-96-65) 5. (15 Min.) HEARING ON PLANNING BOARD RECOMMENDATION TO APPROVE A PROPOSED REZONE OF APPROXIMATELY 8,127 SQUARE FEET (.19 ACRES) FROM RS-8 TO RM-1.5. THE SUBJECT PROPERTY IS CURRENTLY DEVELOPED WITH A SINGLE-FAMILY RESIDENCE AND LOCATED AT 8629 238TH STREET SOUTHWEST. (Applicant: Edmonds Planning Division / File No. R-96-59) CITY COUNCIL MEETING AGENDA JULY 2,1996 PAGE 2 6. (10 Min.) HEARING ON PROPOSED AME NDMENT TO EDMONDS COMMUNITY DEVELOPMENT CODE SECTIONS 16.50.010.A.7 AND 16.60.010.D.1 TO DELETE A SUPERSEDED SUNSET CLAUSE. (Applicant: Edmonds Planning Division / File No. CDC-6-57) 7. (20 Min.) PROPOSED ORDINANCE AMENDING EDMONDS CITY CODE CHAPTER 9.20 TO READ SIDEWALK CONSTRUCTION AND MAINTENANCE 8. (5 Min.) MAYOR 9. (15 Min.) COUNCIL I 4 I Parking and meeting rooms are accessiblefor persons with disabilities. Contact the City Clerk at 771-0245 with 24 hours advance noticefor special accommodations. The Council Agenda appears on Chambers Cable, Channel 32. Delayed telecast ofthis meeting appears thefollowing Wednesday, Friday and Monday at noon on Channel 32.