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10/15/1996 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES OCTOBER 15,1996, The Edmonds City Council meeting was called to order at 7:03 p.m. by Mayor Barbara Fahey in the Library Plaza Room, 650 Main Street, followed by the flag salute. Barbara Fahey, Mayor Dave Earling, Council President Tom Petruzzi, Councilmember Roger L. Myers, Councilmember Jim White, Councilmember Dick Van Hollebeke, Councilmember Gary Haakenson, Councilmember ABSENT John Nordquist, Councilmember ALSO PRESENT Alex Moore, Student Representative 1. APPROVAL OF AGENDA Michael Springer, Fire Chief Robin Hickok, Police Chief Paul Mar, Community Services Director Art Housler, Administrative Services Director Noel Miller, Public Works Superintendent Charles Day, Accounting Manager James Walker, City Engineer Rob Chave, Planning Manager Brent Hunter, Personnel Manager Carol Morris, Interim City Attorney Sandy Chase, City Clerk Jeannie Dines, Recorder Addition to COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER Agenda HAAKENSON TO ADD "CONSIDERATION TO ALLOCATE $15,000 FROM THE COUNCIL CONTINGENCY FUND TO THE EDMONDS ALLIANCE FOR ECONOMIC DEVELOPMENT" TO THE AGENDA AS ITEM 10A. MOTION CARRIED.. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, FOR APPROVAL OF THE AGENDA AS AMENDED. MOTION CARRIED. 2. CONSENT AGENDA ITEMS Councilmember Petruzzi pulled Item B from the Consent Agenda. Councilmember White pulled Item E. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MYERS, FOR APPROVAL OF THE REMAINING ITEMS. MOTION CARRIED. The agenda items passed are as follows: (A) ROLL CALL Approve (C) APPROVAL OF CLAIM WARRANTS #12196 THRU #12949 FOR THE WEEK OF cl aim SEPTEMBER 30, 1996, IN THE AMOUNT OF $202,818.02; APPROVAL OF CLAIM WARRANTS #12200 THRU #13075 FOR THE WEEK OF OCTOBER 7, 1996, IN THE AMOUNT OF $152,233.25; AND APPROVAL OF PAYROLL WARRANTS #12793 THRU #13026 FOR THE PERIOD SEPTEMBER 16 THRU SEPTEMBER 30, 1996 IN THE AMOUNT OF $461,110.35. City Council Approved Minutes October 15, 1996 Page 1 for (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM MRS. CAROL ages DUTRA ($440.00), DARIN DEARDEN (552.96), AND CITY OF EDMONDS PUBLIC WORKS DIVISION/WATER SECTION ($2,600) Commute (F) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT FOR Trip Redaction CONTINUATION OF COMMUTE TRIP REDUCTION ASSISTANCE FUNDING Towing (G) AUTHORIZATION TO CALL FOR BIDS ON TOWING/IMPOUND SERVICES Services SCADA (H) AUTHORIZATION FOR STAFF TO ADVERTISE FOR REQUEST FOR radPPrpoject QUALIFICATIONS FOR PROFESSIONAL SERVICES FOR THE DEVELOPMENT OF SOFTWARE AND SPECIFICATION OF HARDWARE FOR THE PUBLIC WORKS SCADA UPGRADE PROJECT Utility (1) ACCEPTANCE OF UTILITY EASEMENT FROM ROBERT B. AND JOAN F. Easement KORONKO AT 15814 70TH AVENUE WEST Out-of-state (J) REQUEST AUTHORIZATION FOR OUT-OF-STATE TRAVEL TO ONE -DAY Travel PLASTICS RECYCLING WORKSHOP FOR THE RECYCLING COORDINATOR Reno. ss6 (K) RESOLUTION NO. 856 SUPPORTING THE CITY OF EVERETT AND THE skateboard Facilities MEASSOCIATION OF WASHINGTON CITIES' EFFORTS TO AND RCW 4.24.210 REGARDING LIABILITIES ASSOCIATED WITH SKATEBOARD FACILITIES Councilmember Petruzzi wished to abstain from approval of the minutes as he left the meeting early due to illness. COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, FOR APPROVAL OF CITY COUNCIL MEETING MINUTES OF OCTOBER 1, 1996. MOTION CARRIED, COUNCILMEMBER PETRUZZI ABSTAINED. The item approved is as follows: Approve Minutes (B) APPROVAL OF MINUTES OF OCTOBER 1, 1996 In the interest of time, Councilmember White said he would question Mr. Housler at a later date regarding Item E. COUNCILMEMBER WHITE MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, FOR PASSAGE OF AGENDA ITEM E. MOTION CARRIED. The item approval is as follows: l3eneral Fund (E) REPORT ON GENERAL FUND FINANCIAL POSITION FOR THE PERIOD ENDED SEPTEMBER 30, 1996 Ferry Tom Councell, 18505 83rd Ave, Edmonds, advised he was recently appointed to the Ferry Advisory Advisory Committee Committee for the Washington State Ferry System (WSFS) by the South County Council as the Edmonds Terminal Representative. The function of the Ferry Advisory Committee is to review any proposed substantial expansion or contraction of ferry services. This is done by, 1) a public hearing in the area affected by the ferry revision, 2) review by the Ferry Advisory Committee with the affected communities, 3) a survey of affected ferry users, or 4) a combination of 1-3. Further, representatives of City Council Approved Minutes October 15, 1996 Page 2 each Advisory Committee meet monthly with ferry management and employees to discuss ways to improve ferry service. He noted WSFS's passenger and vehicle traffic volumes are the fifth largest in the world. A 20 year projection of traffic volumes revealed that a 70% increase in volumes will occur between 1995 and 2015. By 2000, WSFS will have reached the maximum carrying capacity of the current ferry system (which includes the three new ferries). Mlroad Mel Critchley, 705 Driftwood Place, Edmonds, referred to a letter from the Federal Railroad Track Issues Administration (FRA). Burlington Northern indicated a new track along the freeway could be installed at a cost of $2 million per mile (45 miles from Seattle to Everett or $90 million). He questioned the RTA's plan to provide $200 million to share the Burlington Northern track when a new track can be built for less money, particularly when the existing tracks must be shared with Amtrak and Burlington Northern Freight. Further, the FRA has indicated the track between Everett and Edmonds is the most costly portion of track and has more delays than any other area. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, reported statewide speed limits will be raised to Speed Limits capacity on Thursday, October 17. He suggested the police department maintain records of speeding tickets and accidents from 205th into Edmonds. He felt the State would reduce speeds when at least two fatalities occurred. Financial Rich Demeroutis, 921 Pine St., Edmonds, said he has not received answers to the questions he asked at Center Building the previous Council meeting. He played a tape of remarks made by Councilmember Van Hollebeke regarding the original purchase price and renovations of the Edmonds Financial Center and whether it would remain under the total budgeted amount for the project. Mr. Demeroutis pointed out the project cost is now over $5.3 million. He recalled, following a consultant's advice in May 1995, that renovations to the Financial Center could exceed $1.4 million, Mayor Fahey compared the building to a) the Taj Mahal, b) a bad dream, c) a prudent use of tax dollars, or d) a fixer upper, and strongly supported the purchase. He noted Council President Earling indicated the building did not need to be completed immediately, which Mr. Demeroutis compared to purchasing a car without the necessary parts. Mr. Demeroutis preferred the City build a new building rather than renovate the Financial Center. Prosecutor c" Mayor Fahey advised that the Prosecuting Attorney retained by the City has resigned to take a position as a full-time judge. The 17 responses the City received to its RFP were short-listed to five. The Selection Committee reviewed the five proposals and reduced the list to three. The Committee then interviewed the remaining three and unanimously recommended the City's use of Jeffrey Goodwin's services. Mr. Goodwin thanked the City for their confidence in him and for the opportunity to represent the City as its Prosecuting Attorney. Mayor Fahey "stated that Mr. Goodwin was selected as he was well prepared, has a great deal of experience, and was able to demonstrate his ability to work effectively with the Police Department to keep them updated on changes in law enforcement. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MYERS, THAT THE COUNCIL AUTHORIZE THE MAYOR TO SIGN THE PROSECUTOR CONTRACT WITH JEFFREY GOODWIN. MOTION CARRIED. City Council Approved Minutes October 15, 1996 Page 3 As it was necessary for Mr. Goodwin to represent the City in court on a matter on October 16; Mayor Fahey signed the contract and swore in Mr. Goodwin. aria 5. PROCLAMATION IN RECOGNITION OF NATIONAL ARTS AND HUMANITIES MONTH Humanities Month Mayor Fahey read a Proclamation declaring October as National Arts and Humanities Month. She presented the Proclamation to Carolyn Stark, Chair of the Edmonds Arts Commission. Ms. Stark thanked the Council for their support and encouraged the public to support events and provide suggestions to the Arts Commission. City Clerk 6. RECOGNITION OF CERTIFICATION RECEIVED BY CITY CLERKSANDY CHASE Certification Mayor Fahey announced that City Clerk Sandy Chase was awarded the designation of Certified Municipal Clerk from the International Institute of Municipal Clerks (IIMC) for achieving its high educational, experience, and service requirements. Ms. Chase was employed as Deputy Clerk with the City of Edmonds in September 1993 and served as City Clerk since 1995. She obtained her status as a Certified Municipal Clerk by receiving her Bachelor of Arts degree in Sociology from California State University - Fullerton. She has also attended the IIMC approved Municipal Clerks Institute conducted by the Graduate School of Public Affairs, University of Washington. This program provides in-depth courses in managerial and leadership skills, social and interpersonal concerns and technical training needed to deal with the challenges taking place in local government. She has attended other seminars sponsored by the Washington Municipal Clerks Association and the City of Edmonds. Mayor Fahey presented a plaque to Ms. Chase and remarked that she is a valued member of the staff —the "glue" that keeps the City together. 7. REPORT ON PRIOR WEEK' COUNCIL COMMITTEE MEETINGS Community Community Services Committee Service Committes e Committee Chair Myers reported that the Committee discussed proposed changes to off-street parking stall dimensions. After discussion with citizens, members of the Downtown Parking Advisory Committee and staff, the Committee directed staff to schedule a public hearing in November on the proposed changes: He noted that this was an example of citizens and government working together. The Committee received a proposal from a citizen to develop a parking lot in the downtown area. The Committee forwarded the information to staff for further deliberation. The Committee also had further discussion on the 1997 Capital Project Budget. Public Public Services Committee services Committee Committee Member White reported that a citizen's group presented a proposal for a stop sign at the intersection of Maple and 7th Avenue. City Engineering discussed the ordinance which establishes criteria for a 4-way stop sign. The Committee directed staff to perform a four -step course of action, 1) evaluate speeding vehicular traffic, 2) allow Block Watch Committee members to use a radar monitoring board, 3) direct the engineer to recount traffic patterns, and 4) add a warning sign to the existing stop signs at Maple and 7th. The Committee discussed proposed changes to add new 3-hour parking zones and directed staff to bring this issue to the full Council for an informational presentation on November 4. Fire Chief Springer presented a discussion item, a training class to be presented on November 9 on Technical Rescue subjects. Fire Chief Springer presented this as an example of what Edmonds could do if it had a more complete training facility. Edmonds Fire personnel will benefit from the class and it will generate revenue for the City. City Council Approved Minutes October 15, 1996 Page 4 Finance Finance Committee committee . Committee Member Haakenson reported that Ms. Chase presented contracts for the City Council minute - takers and the Committee agreed that a fee increase was appropriate. This item will be placed on an upcoming Council Consent Agenda. Administrative Services Director Art Housler presented a proposal for using a credit card system for City purchasing. The Committee recommended that it be tried as a test program when an office supply vendor is selected, and the vendor be asked if this procedure is acceptable. A full recommendation will be made to the Council following the trial period. Executive Secretary Dee McGrath presented and explained the State Contract/Local Government Airfare Use Agreement. The Committee recommended that the item be placed on the Council agenda. Petty Cash expenditures for the month of September were reviewed and approved. Mayor Fahey introduced Interim City Attorney Carol Morris, who assisted in drafting the Adult Entertainment Ordinance. Heating/Air 8. REPORT ON QUOTES AND AUTHORIZATION TO REPLACE THE HEATING/ Conditioning Unit/Plaza VENTILATION/AIR CONDITIONING UNIT FOR THE LIBRARY PLAZA MEETING ROOMS MeetingRms. ($1I,198,70) Public Works Superintendent Noel Miller explained that the replacement of the Library Plaza Meeting Room HVAC unit was presented to the Council two weeks ago and Council recommended that staff seek additional bids. Three quotes were obtained; and staff recommends that the lowest bid, submitted by Cascade Air Conditioning, be approved. Cascade has been informed that they are the low bidder and have indicated that the unit can be ordered on October 16 with installation next week and start-up Monday, October 28. Councilmember Haakenson thanked Mr. Miller for requesting additional bids. COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCILMEMBER MYERS, TO AUTHORIZE STAFF TO ENTER INTO A CONTRACT WITH CASCADE AIR CONDITIONING COMPANY TO REPLACE THE LIBRARY PLAZA ROOM HVAC UNIT IN AN AMOUNT NOT TO EXCEED $11,198.70 (PRICE INCLUDES STATE SALES TAX). Councilmember Myers thanked staff for acting in a timely manner. MOTION CARRIED. Mayor Fahey declared a five minute recess. Ord- 3117 1 9. HEARING ON ORDINANCE NO. 3117 TO AMEND THE EDMONDS COMMUNITY Adult Enter- DEVELOPMENT CODE REGULATING ZONING OF ADULT ENTERTAINMENT FACI tainment IN ORDER TO PERMIT ADULT ENTERTAINMENT USES IN THE EDMONDS GENERAL COMMERCIAL ZONING DISTRICTS Mayor Fahey indicated if the Council did not reach agreement on the proposed ordinance, action would be taken to extend the moratorium on business licenses, building permits and other forms of development regarding adult entertainment for an additional six months. Interim City Attorney Carol Morris said the Planning Board made a recommendation for an ordinance on siting of adult entertainment business in the City of Edmonds. She explained that the United States Supreme Court has said cities must allow for adult entertainment business in the community and that City Council Approved Minutes October 15, 1996 Page 5 ordinances that regulate sites of adult entertainment businesses are constitutional if they meet the three - prong test, 1) must be content neutral, 2) designed to serve a substantial governmdntal interest, and 3) allow. for reasonable alternative avenues of communication. Cities throughout the, United States have taken various avenues to regulate adult entertainment businesses such as concentrating them into one zone, dispersing them throughout zones or a combination of concentration and dispersion (disperse them throughout the city but ensure they are not next to other protected uses or other adult entertainment businesses). Protected uses are normally defined as churches and schools but the City of Edmonds could adopt different definitions of protected uses, depending on the community and reasons for protection as contained in the public record. The record reviewed in this process is very important —the courts have said a city may commission its own study to determine the secondary affects of adult entertainment business on the community or take advantage of studies developed by other cities. Staff used a combination of studies used by cities in this area recently to develop their ordinances (Federal Way and Bellevue) as well as studies developed throughout the United States. The Planning Board held numerous meetings and took testimony from the public and the Police Chief regarding the secondary affects of adult entertainment businesses. Ms. Morris indicated that if the City continues the moratorium, adoption of an ordinance will still be necessary in the future. The risk of adopting an ordinance that prohibits adult entertainment businesses, as suggested during public testimony to the Planning Board, is that the ordinance will be challenged and court decisions are not favorable toward cities that adopt such ordinances. If such an ordinance was challenged and the City lost, the adult entertainment owners would receive a damage award and the City could be left without an ordinance in effect during that time. She stressed this item addressed only the siting of adult entertainment businesses. Planning Manager Rob Chave displayed an adult entertainment analysis map. He explained that the Planning Board agreed on an ordinance, following a lengthy review of the issues, that includes a list of protected uses and a minimum 300 foot setback from those uses. Protected uses, which include residential zones, public use zones, schools, hospital, and community facilities provide a significant buffer along the Hwy 99 corridor. The Planning Board also considered the impact of bars and taverns as testimony; research indicates those uses were not appropriately located near adult entertainment businesses. The final draft ordinance presented to the Planning Board by staff recommended a 500 foot buffer between adult entertainment uses and bars and taverns. The result is a narrow, broken strip of available sites. The Planning Board considered commercial zones throughout the City but found them to be unsuitable and/or unavailable for adult entertainment uses due to the proximity to residential uses, etc. Hwy. 99, while still not a desirable area, was determined by the Planning Board to be the only available area in the City. The Planning Board recommended a 1,000 foot buffer between adult entertainment and bars and taverns. Staffs recommendation, a 500 foot buffer from bars and taverns and 300 foot setback from protected uses, results in 23 acres of available land or 0.5% of the total City area and approximately 20 business locations. The Planning Board's recommendation (1,000 foot buffer between bars and taverns) reduces the available land to 17 acres or 0.3% of the total City area and 12 sites. Both ordinances are the same with the exception of the buffer between bars and taverns. Council President Earling said the Everett decision involved scrutiny of the property available for adult entertainment businesses. He asked the City Attorney to comment on the difference in the Inumber of available sites using a 500 foot buffer and a 1,000 foot buffer. Ms. Morris clarified, that in the Everett decision, the court found that the number of sites available was adequate, but spent a great deal of time determining whether there were adequate sites. The court City Council Approved Minutes October 15, 1996 Page 6 actually reviewed the map and buffers to determine if the sites were legally available. She referred to a memo drafted by Howard Jensen, an attorney in their office, that addresses the issue of sites. She noted that Mr. Jensen, at the request of the Planning Board, called cities in the cases cited to determine the number of available sites in their cities after application of the regulations imposed by their ordinances. Howard Jensen, attorney, advised that the memo analyzes the number of sites that need to be available under the regulations of an ordinance. He indicated the test is "a reasonable number of sites". Following an analysis of ten of the most recent cases in the U.S. Court of Appeals, he determined the key factors include population and demand. Although the number of sites in the cases studied varied from 5 to 20, he recommended 20 sites as a minimum. This should include a few additional sites as some sites may be eliminated during a court challenge. The sites must also be part of the "generic real estate market"; and they must be sites available for commercial development. Councilmember White asked how "a site" was defined. Mr. Jensen advised a site is an actual business location rather than a piece of property. Further, a variety of sites must be available to ensure the availability of sites for different types of adult entertainment (i.e. retail, cabaret). Councilmember White asked if the 9th Circuit Court has considered this issue. Mr. Jensen cited a 1993 decision in which the court addressed economic viability and whether a jurisdiction must take economics into consideration. The 9th Circuit reiterated the Renton decision that economics do not have to be taken into account; sites do not have to be economically viable but must be commercially available. Ms. Morris clarified that the Everett Assistant City Attorney told her that their ordinance was invalidated because it was inconsistent with their Comprehensive Plan as it did not address adult entertainment facilities, but the Zoning Ordinance did. Their Zoning Ordinance allowed too much discretion on the part of the City but the number of sites were found to be adequate. Mr. Chave said staff and the Planning Board treated adult entertainment uses as commercial uses and the Comprehensive Plan contains policies addressing minimizing the adverse effects of commercial uses on surrounding properties, etc. He pointed out that zoning is the weakest method of dealing with adverse effects; it is critical to minimize the effects by licensing and enforcement. Mayor Fahey opened the public participation portion of the hearing. Rachel Martin, 7825 227th Place SW, Edmonds, said she attended meetings in 1978 and recalled Fred Meyer removed Playboy and similar magazines from their shelves in 1978 following her request. She quoted Shakespeare, "one rotten apple spoils the whole barrel", explaining people fight pollution in water and land —pornography is pollution of the soul, home, spirit, family and community. She compared pornography to cancer and said attempts to regulate adult entertainment will not prevent its harm. She has the right to feel safe in her car, home and on the streets, day or night, but she won't feel safe with adult entertainment facilities in her area. She recommended the City "just say no" as the City will pay if they accept it. She summarized, "make no provisions for evil'. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, disagreed with many of the items addressed, noting he was the only one speaking on this issue previously. He explained that in 1990 or 1992, the City of Lynnwood attempted to site adult entertainment near 220th. This resulted in the City leasing a restaurant (near Fred Meyer) for four years at a cost of $40,000 per year to prohibit adult entertainment. He pointed out Edmonds likely would do the same. Lynnwood then attempted to site adult entertainment City Council Approved Minutes October 15, 1996 Page 7 near property he owns in Lynnwood (21024 66th West) but the location of a daycare in that area eliminated that possibility. He said teens cause more problems than adult entertainment. Mel Critchley, 705 Driftwood Place, Edmonds, representing a group of citizens who are in the process of organizing, requested the Council approve a six-month moratorium to allow them time to work with the City. He referred to a petition he is circulating as well as petitions which churches are circulating. He noted that the existing and future adult entertainment businesses on Hwy 99 will create a wall of pornography around the City. If the City approved the moratorium, he recommended the Council read, Slouch Toward Gomorrah, which explains the cause and what can be done about it. He referred to new City buildings, parks, and trails and questioned how the City could allow adult entertainment businesses. He urged the Council to give their group time to organize and allow them to work with the City. . Andrea Vangore, Executive Director of Washington Together Against Pornography (an organization that provides information to citizens and public officials), critiqued Mr. Jensen's draft ordinance at his request and provided him with a letter regarding specific points in the draft. . She indicated that the organization prefers a master ordinance. Although Edmonds' draft ordinance is good overall, it sends a signal that the City is prepared to experiment. She noted it is important to prepare adult entertainment ordinances carefully to ensure that they successfully survive a court challenge. She stressed an ordinance should stick closely to formulas determined to be successful in State and Federal courts. She said the "mistakes" in the ordinance are ones that are routinely made by people new to this issue, who have not adequately examined the issue. She offered to work with City staff to address these areas. She said an argument could be made that Edmonds is unique as it does not have much commercial or industrial property. She did not recommend that the City fight in this manner but rather adopt an ordinance that sends the message to the pornography industry that easy money cannot be made in this city. She noted, on the basis of that message in Bellevue, two businesses closed themselves and a third chose not to open. Jeff Lewis, 23621, 96th Avenue W, Edmonds, indicated that he spoke to the Planning Board and expressed his concern with the impact of adult entertainment businesses on the community. He was active in the issue in Mountlake Terrace and Snohomish County. As the father of four young boys, he came to Edmonds ten years ago as it was a quaint small town, away from adult entertainment issues and traffic problems. He agreed that Edmonds is a unique community with clean parks, clean water and residents who are interested in environmental issues —a community that should not allow the pollution of the minds of youth and adults. He recalled at the Mountlake Terrace adult entertainment hearings, several Shorewood High School students, which is located near an adult entertainment business, testified that patrons often drove by the high school and made rude comments. He preferred not to have adult entertainment in Edmonds and preferred that the Council take a stand. If the City must have adult entertainment, he preferred that it be heavily regulated .and not result in easy money. He suggested that possibly the City has not done enough research and should consider Ms. Vangore's assistance. He pointed out that there are currently 26 registered sexual predators living in Edmonds and questioned the siting of 20 adult entertainment businesses in the City. Arlene Noyes, 22704 56th Ave West, Mountlake Terrace, advised that she has been involved in this issue for many years. She preferred that Edmonds refer to adult entertainment businesses as "sexually oriented businesses" as Mountlake Terrace has done. This type of entertainment is for people who choose to live a different lifestyle than people in this community, and will draw people from outside the community. City Council Approved Minutes October 15, 1996 Page 8 Mayor Fahey read a letter the City received this afternoon from a citizen, Phil Assink. "We face a very serious issue regarding the possible location and regulation of adult sexually oriented entertainment. Please allow this observation. We live in an area that rightly takes the environment very seriously. We are concerned about the delicate balance between nature and people. Whenever possible we seek to create or maintain the best possible natural habitat. We are especially concerned with enhancing the migration of spawning salmon. We ward off predators, ease the paths back upstream and regulate harvest. Consider this analogy, while businesses such as are being discussed have an adverse impact on virtually every aspect of society, I think particularly of children. This is not because they are patrons of such establishments, but because they are negatively impacted by the environment created by such businesses. If I may revisit the salmon analogy, we would give no consideration to any activity that we know would damage their environment. Who would think a child's environment to be any less valuable than that of a fish? I recognize that legally you are expected to zone some space for these . environmentally hazardous businesses. My request would be that you seriously consider making the absolutely smallest number of parcels available and the greatest possible setback from residential, schools and churches. You may detect that I feel one is one too many but. a number I could live. Having been to only one Planning Commission meeting, I am sorry not to be more informed of all the discussion which has transpired. A thought has occurred to me related to other types of businesses near sexually oriented businesses is that these establishments and hotel/motels should also be separated. Close proximity could encourage additional lewd activity. Further, such activity could discourage tourists visiting our fair city. Those paying for accommodations should not be subjected to the unsavory noise and activity generated by such businesses. Again, I recognize that this is a difficult issue in trying to balance legal and community concerns. Please know that I stand firmly behind any resistance that you can promote against such businesses." Mayor Fahey closed the of the hearing. public participation portion Ms. Morris pointed out that if the City further limited sites by setbacks between hotel/motels as suggested in Mr. Assink's letter, the number of available sites would be reduced and the City subject to additional possible challenges. In addition, there has been no evidence introduced into the record that sexual activity is associated with hotels/motels and adult entertainment businesses. She said the ordinance could be changed to identify these businesses as "sexually oriented businesses" rather than adult entertainment. She pointed out that the moratorium has been extended numerous times and there is the possibility of a challenge to the moratorium. She noted Mr. Critchley and Ms. Vangore spoke at Planning Board hearings and had the opportunity to place information into the record. If the Council adopts an ordinance, amendments can be made in the future. She disputed the statement that this ordinance would encourage adult entertainment businesses, stating this ordinance regulates where they may locate. Contrary to Ms. Vangore's statements, Ms. Morris stressed this ordinance was drafted in conformance with a number of ordinances that have been upheld and their firm has been involved in the representation of the City of Bellevue at the Superior Court level on challenges to their ordinance. Perhaps Ms. Vangore is not aware that the City already passed a licensing ordinance; her model ordinance incorporates both the licensing and siting. Councilmember Van Hollebeke stated that prior to his election to the Edmonds City Council, he was asked to serve on the Snohomish County Citizen Advisory Group that drafted legislation for Snohomish County. This group met for over one and one half years and took testimony. He acknowledged that the issue of sexually oriented businesses is an issue most would prefer not to deal with. Without making morale judgment, it makes. little sense that a City like Edmonds must allow this type of business. However, it appears the City is obligated to permit these establishments in the community. The City City Council Approved Minutes October 15, 1996 Page 9 faces the challenge of regulating both the location and the rules under which these establishments operate, as well as comply with the laws and protect the rights of citizens. He thanked the members of the Planning Board and staff who have worked hard to draft the recommended ordinance. He thanked the citizens of Edmonds for attending meetings, writing letters, sharing their ideas and expressing their thoughts and concerns. He assured the public that the City will make every effort to protect the citizen's interests. Student Representative Alex Moore said he could not think of a better cause for the City to fight for than to protect and preserve the morality and enjoyment of the City. The ordinance will not satisfy everyone; he was not satisfied that a sexually oriented business could be located 300 feet from his church or school. Councilmember Petruzzi expressed concern with delaying adoption of an ordinance since cases the City was afraid of several years ago have been heard and decisions are going against the City. He pointed out that there are laws to protect one against physical contamination but none to protect against the contamination of "human garbage." Edmonds' draft ordinance is similar to the Bellevue ordinance, and the ordinance, regarding conduct, is nearly identical to the Bellevue ordinance. The only way to defeat adult entertainment is economically because they do not care about morals. Councilmember Myers agreed that the City does not have the choice of delaying this issue any longer; it must act and make it as advantageous to the City as possible. He stated that he preferred that this type of business be referred to as "sexually oriented business". He added that he supported adoption of an ordinance and felt the alternative could be too damaging to the City. Council President Earling pointed out that the .City has been examining this issue for over five years. The written and oral testimony reveals a moral outcry for the City to do the right thing. Morally, all Councilmembers are aware of the desire of citizens, but the jeopardy the City would be placed in if the Council decides to fight this issue must be considered. The Council must do the responsible thing and not put the City in jeopardy of paying millions in potential losses. After reviewing the issue for five years, and in view of the success the City's law firm has had in defending other municipalities on this issue, the City must draw this matter to a conclusion. He thanked the Planning Board for their thoughtful, high -quality work. The public record they created has demonstrated the amount of public input on this issue. He clarified that although the Planning Board's recommendation was approved by a 4-3 vote, the Planning Board members only disagreed on the 500 or 1,000 foot buffer between bars and taverns; they were united on all other issues. Councilmember White asked whether a more restrictive ordinance could be developed that would survive a court challenge and achieve the City's intent. Ms. Morris said there was not a more restrictive ordinance that would withstand challenges. The only option would be to regulate in a different way, such as spreading out adult entertainment businesses, but that would not be compatible. with residential uses in the City. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER MYERS, TO ADOPT THE PLANNING BOARD'S RECOMMENDATION (EXHIBIT 2), ORDINANCE NO. 3117, WITH TWO RECOMMENDED CHANGES: THE WORDS "ADULT ENTERTAINMENT" IN THE ORDINANCE BE CHANGED TO "SEXUALLY ORIENTED BUSINESS" AND RETAIN THE 500 FEET BUFFER ZONE BETWEEN BARS AND TAVERNS. MOTION CARRIED (6-0), COUNCILMEMBER NORDQUIST WAS NOT PRESENT FOR THE VOTE. City Council Approved Minutes October 15, 1996 Page 10 Mayor Fahey commented that her first visit to the Council Chambers was for a hearing on adult entertainment. At that time, she supported the City saying no. The Mayor's office and staff support Council's action, and changes can be made to the ordinance as changes occur in the court system. She felt the City was being attacked by decisions made by the Supreme Court such as the decision on the Oxford House and this issue. She hoped the City's leadership role would be to encourage changes in laws so establishments are not imposed on communities who do not want them. She advised that any details citizens may desire regarding this ordinance are available through the Mayor's office. Fire station 10. CONTINUED DISCUSSION REGARDING FIRE STATION NO6 LOCATION No. 6 Location Mayor Fahey said a related issue would be discussed in Executive Session at the end of the meeting. Community Services Director Paul Mar displayed a mapof the existing Fire Station #6 site and identified the dedicated public right-of-way, the easement and water tanks. The orientation of the fire bays on Plan 1 resulted in the fifth fire bay being located in the right-of-way; therefore, only Plan 2 can be constructed on this site. Plan 2 requires the apron of the fire station as well as four parking spaces to be located in the right-of-way. To achieve a 7,400 square foot fire station, the first floor will be 4,800 square feet with the remainder on the second floor. Future expansion to a fifth fire bay on this site in the future is possible. He displayed an elevation of a 2-story structure which would be approximately 35 feet in height. As the maximum building height in the Public Zone is 25 feet, the City must obtain a. Conditional Use Permit to construct a 2-story fire station on this site. Off -site parking may be required should the property owner behind the fire station develop his property and require the City to vacate the four parking spaces in the right-of-way. Mayor Fahey declared a brief recess. Mr. Mar displayed a comparison cost analysis of a 2-story fire station on the existing site and new fire station location. He described the approximately 10% increase in cost to build a 2-story. structure, less site development for a 2-story building, demolition costs, the costs of relocating the Fire Station #6 trailer and the cost of leasing a temporary site. The net additional initial cost (excluding land costs) to construct a new station on the existing site is $132,750 more than constructing a station on a new site. Further, he pointed out the analysis of functionality of the current site and a new site. Councilmember Myers questioned the future additional costs (annual) of $77,000. Fire Chief Michael Springer explained that this figure represents the mutual aid call load imbalance (77 calls at $1,000 each) between Edmonds and Mountlake Terrace. This figure was not included in the analysis because there currently is no charge. Mayor Fahey said there have been discussions by Mountlake Terrace regarding this imbalance. She pointed out that the mutual aid agreement can be voided with six months notice. Councilmember White questioned the benefit to Mountlake Terrace for providing $77,000 in services to Edmonds. Fire Chief Springer said during an emergency, there are no boundaries and the imbalance may vary year to year. He noted that eventually, Mountlake Terrace must address a charge for mutual aid imbalance for revenue generation.' Fire Chief Springer said Mountlake Terrace has discussed this issue but has not pursued it. Council President Earling observed that more 2-story homes are built due to economies in construction, and questioned why the cost was higher to build a 2=story fire station. Mr. Mar explained that a fire station is a combination of a residential and commercial structure. There is a significant amount of space City Council Approved Minutes October 15, 1996 Page 11 (4,800 square feet) or high bay area. In a home, residential space can be built over residential space with column structure shared, etc. The design of the fire station requires a great deal of structural integrity. Council President Farling recalled changes in the design of a Community Transit facility that resulted in substantial cost savings. Mr. Mar pointed out that half of the cost difference was the elevator required fora 2-story fire station. Council President Earling questioned the need for an elevator. Councilmember White recalled that he asked the same question and his research confirmed that the public's non-use of the upper floor did not eliminate the requirement for an elevator. An elevator is required to enable fire personnel disabled on the job to perform a function at the station. Councilmember White questioned the difference between structural and floor frame costs in the 2-story construction cost comparison. Mr. Mar indicated he would ask Merritt+Pardini to provide an explanation. Alliance for 10a. CONSIDERATION TO ALLOCATE $15,000 FROM THE COUNCIL CONTINGENCY FUND TO Economic Development THE EDMONDS ALLIANCE FOR ECONOMIC DEVELOPMENT Councilmember Van Hollebeke advised that the Council requested an explanation of the funds requested for the Edmonds Alliance for Economic Development when the presentation was made to the Council previously. Diane Duca, Executive Director of the Edmonds Alliance for Economic Development, explained that the funds include, 1) $5,500 to reinstate radio and print media advertising to promote Edmonds, off-season and for the holidays, to help boost retail sales, 2) $4,000 to match the $4,000 pledged by the Chamber of Commerce to contract with Public Relations Counsel to create a systematic marketing plan for the community and a unifying theme for all advertising and promotional activities, 3) construction of an information center/kiosk in close proximity to the ferry terminal and holding lanes; the Edmonds Alliance for Economic Development's match would be $3,0.00. (This amount could be held until next year, until it is determined whether the Alliance will receive the balance from the Snohomish County Tourism Promotion Projects Program), and 4) $2,500 to fund an intern to create a data base of existing retail and commercial spaces. Councilmember Petruzzi asked how the Alliance is proceeding with its business plan and the time frame. Ms. Duca said the Alliance Board of Directors developed and approved a list of goals and objectives and a time frame. Eight major goals were identified, most are either in the works, or planned for implementation this year or early next year. Councilmember Petruzzi asked if she had researched the availability of grants for economic development. Ms. Duca replied she has not given this as much consideration as she would like; three proposals have been submitted. Councilmember Petruzzi urged her to pursue grant funding. Council President Earling said although the Alliance has a mission statement and goals, he did not understand their plan and did not feel comfortable that there was a solid plan to build upon. He stressed the need for a financial plan, including plans for fund raising. He felt the business community should provide 50% of the Alliance budget. He hoped the next report would identify how funding would be developed. He noted that the Council is committed to a successful economic development plan. Councilmember Haakenson agreed that the four items would benefit Edmonds merchants and agreed with Council President Earling's comments regarding a long term plan for the Alliance. City Council Approved Minutes October 15, 1996 Page 12 COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO APPROVE THE DISBURSAL OF $12,000 FROM THE COUNCIL CONTINGENCY FUND FOR THE EDMONDS ALLIANCE FOR ECONOMIC DEVELOPMENT IMMEDIATELY, AND AN ADDITIONAL $3,060 BE DISBURSED WHEN THE ALLIANCE RECEIVES THE $9,000 MATCHING FUNDS FROM SNOHOMISH COUNTY TOURISM BUREAU FOR CONSTRUCTION OF AN INFORMATION KIOSK. Councilmember Myers indicated he would support the motion but agreed financial support from the business community is necessary. MOTION CARRIED. 11. MAYOR Mayor Fahey announced that she received notification from AWC that there is a vacancy on the Washington State Council on Aging Board which must be filled by an elected City or Town official. Application deadline is November 12. Mayor Fahey advised that the second public meeting on the design of the police, court and fire station building and replacement of Fire Station 46 will be held on Thursday, October 7 from 6:00 p.m. to 8:00 p.m. in the Library Plaza Room. She encouraged residents to provide input during the design phase. Mayor Fahey invited everyone to attend next week's City Council meeting which will include swearing in of the new Police Chief and a reception in his honor. 12. COUNCIL Council President Earling said every voting household should have received information on the RTA as required by State legislation. He urged citizens to review the information as it identifies the basis for the RTA proposal. Student Representative Moore recognized his mother in the audience, thanked her for attending the Council meeting and for her support of his position as Student Representative. Councilmember Myers invited Councilmembers to participate in the selection of a replacement of the Student Representative when his term expires. He reported that a School District staff member expressed appreciation for Arvilla Ohlde's cooperation with the schools. Councilmember Haakenson reported that at their last meeting, the Port discussed the port tax levy charged to port tax residents. They will take public testimony on their 1997 budget at their next two meetings. Councilmember Myers advised that the Needle Exchange Program is being discussed by the Snohomish County Health Board. He urged citizens to contact the Snohomish County Health Board if they have strong feelings about this program. Executive 13. EXECUTIVE SESSION ON A REAL ESTATE MATTER Session Mayor Fahey adjourned the meeting to Executive Session at 10:00 p.m., for approximately 15 minutes, for discussion of a real estate matter. She announced that the Council would adjourn immediately following the Executive Session. BARB R S �._- " v t � CITY MA ANDRA S. CHASE, CITY CLERK City Council Approved Minutes October 15, 1996 Page 13 1 AGENDA _ EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street 7:00 -10:00 p.m. OCTOBER 15, 1996 CALL TO ORDER - 7.00 P.M. FLAG SALUTE 1. APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF COUNCIL MEETING MINUTES OF OCTOBER 1, 1996 (C) APPROVAL OF CLAIM WARRANTS #12196 THRU #12949 FOR THE WEEK OF SEPTEMBER 30, 1996 IN THE AMOUNT OF $202,818.02; APPROVAL OF CLAIM WARRANTS #12200 THRU #13075 FOR THE WEEK OF OCTOBER 7, 1996 IN THE AMOUNT OF $152,233.25; AND APPROVAL OF PAYROLL WARRANTS #12793 THRU #13026 FOR THE PERIOD SEPTEMBER 16 THRU SEPTEMBER 30, 1996 IN THE AMOUNT OF $461,110.35. (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM MRS. CAROL DUTRA ($440.00), DARIN DEARDEN ($552.96), AND CITY OF EDMONDS PUBLIC WORKS DIVISION/WATER SECTION ($2,600) (E) REPORT ON GENERAL FUND FINANCIAL POSITION FOR THE PERIOD ENDED SEPTEMBER 30, 1996 (F) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT FOR CONTINUATION OF COMMUTE TRIP REDUCTION ASSISTANCE FUNDING (G) AUTHORIZATION TO CALL FOR BIDS ON TOWING/IMPOUND SERVICES (H) AUTHORIZATION FOR STAFF TO ADVERTISE FOR REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL SERVICES FOR THE DEVELOPMENT OF SOFTWARE AND SPECIFICATION OF HARDWARE FOR THE PUBLIC WORKS SCADA UPGRADE PROJECT (1) ACCEPTANCE OF UTILITY EASEMENT FROM ROBERT B. AND JOAN F. KORONKO AT 15814 70TH AVENUE WEST (J) REQUEST AUTHORIZATION FOR OUT-OF-STATE TRAVEL TO ONE -DAY PLASTICS RECYCLING WORKSHOP FOR THE RECYCLING COORDINATOR (K) PROPOSED RESOLUTION SUPPORTING THE CITY OF EVERETT AND THE ASSOCIATION OF WASHINGTON CITIES' EFFORTS TO AMEND RCW 4.24.210 REGARDING LIABILITIES ASSOCIATED WITH SKATEBOARD FACILITIES 3. AUDIENCE (3 minute limit per person) 4. (5 Min.) AUTHORIZATION FOR MAYOR TO SIGN PROSECUTOR CONTRACT 5. (5 Min.) PROCLAMATION IN RECOGNITION OF NATIONAL ARTS AND HUMANITIES MONTH 6. (5 Min.) RECOGNITION OF CERTIFICATION RECEIVED BY CITY CLERK SANDY CHASE 7. (15 Min.) REPORT ON PRIOR WEEK'S COUNCIL COMMITTEE MEETINGS 8. (5 Min.) REPORT ON QUOTES AND AUTHORIZATION TO REPLACE THE HEATINGNENTILATION/AIR CONDITIONING UNIT FOR THE LIBRARY PLAZA MEETING ROOMS ($11,198.70) CITY COUNCIL MEETING AGENDA OCTOBER 15, 1996 PAGE 2 9. (90 Min.) HEARING ON PROPOSED ORDINANCE TO AMEND THE EDMONDS COMMUNITY DEVELOPMENT CODE REGULATING ZONING OF ADULT ENTERTAINMENT FACILITIES IN ORDER TO PERMIT ADULT ENTERTAINMENT USES IN THE EDMONDS GENERAL COMMERCIAL ZONING DISTRICTS OR HEARING ON PROPOSED ORDINANCE TO EXTEND THE MORATORIUM ON BUSINESS LICENSES, BUILDING PERMITS AND OTHER FORMS OF DEVELOPMENT REGARDING ADULT ENTERTAINMENT FOR AN ADDITIONAL SIX MONTHS 10. (30 Minj CONTINUED DISCUSSION REGARDING FIRE STATION NO. 6 LOCATION 11. (5 Min.) MAYOR 12. (15 Min) COUNCIL 13. (15 Min.) EXECUTIVE SESSION ON A REAL ESTATE MATTER 1 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, Friday and Monday at noon on Channel 32.