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07/19/1988 City CouncilTHESE MINUTES SUBJECT TO AUGUST 2, 1988 APPROVAL EDMONDS CITY COUNCIL MINUTES JULY 19, 1988 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT Larry Naughten Bill Kasper, Council President Laura Hall Roger Hertrich Jo -Anne Jaech Steve Dwyer Jack Wilson ABSENT STAFF John Nordquist Mary Lou Block, Planning Div. Mgr. Bobby Mills, Public Works Director Peter Hahn, Comm. Svc. Director Jack Weinz, Fire Chief Chris Beckman, Engineering Coord. Duane Bowman, Asst. City Planner Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Councilmember Dwyer entered a few minutes late and did not vote on the Consent Agenda. CONSENT AGENDA ITEMS (D), (F), and (G) were removed from the Consent Agenda. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The ap- proved items on the Consent Agenda include the following: (A) ROLL CALL (B) APPROVAL OF MINUTES OF JULY 12, 1988 P (C) TOPORT ON BIDS HANSON WESTERNRCONSTRUCTIONN OF ($6,903C94TE WALL AT INCLUDING SALESETPARK AND AWARD OF CONTRACT TAX) (E) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM MAURINE WILLIAMSON ROY ($600+) (H) REPORT ON BIDS OPENED JULY 13, 1988 FOR CONSTRUCTION OF 212TH ST. S.W. REHABILITATION AND AWARD OF CONTRACT TO LAKESIDE INDUSTRIES, INC. IN THE AMOUNT OF $145,621.90 REPORT ON BIDS FOR SECURITY FENCE AT LIFT STATION #7 AND AWARD OF CONTRACT TO CITY WIDE FENCE COMPANY 1,581 43 INCLUDING SALES TAX LITEM D ON THE CONSENT AG NDA )aAJQ / - Councilmember Hertrich inquired where the additional $5,599.28 will emanate from. Community fx�,c S7A,7 Services Director Peter Hahn replied from the balance of Fund 412. Councilmember Hertrich in- ,tee. quired why the project cost was over the budgeted amount. Mr. Hahn said the generator cost more .�` than Staff anticipated. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE ITEM (D). MOTION CAR- RIED. Councilmember Kasper requested that the cost of individual project items be provided to the Coun- cil rather than just the total project budget. REPORT ON BIDS OPENED JULY 12, 1988 FOR ASPHALT CRACKSEALING MACHINE AND AWARD OF BID TO ALBINA ASPHALT CO. 1,430.65 ITEM F ON THE CONSENT AGENDA Councilmember Hertrich inquired if it was standard practice to proceed with a project when only one bid was received. Public Works Director Bobby Mills said Staff spoke with several distribu- tors around the area. The specifications for the item were advertised, and a company was select- ed that could meet those specifications. Mr. Mills said no other company responded that could provide the item as specified. Councilmember Hertrich inquired if machinery is normally budgeted from the same fund as materials are. Mr. Mills replied negatively. He said, however, monies were earmarked from the same fund for both materials and the cracksealing machine for that partic- ular project. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEM (F). MOTION CARRIED. FINAL PLAT APPROVAL OF 7 LOT SUBDIVISION OF EAGLE'S NEXT ESTATE (P-6-86/ROBERT_ ALL_EN ITEM (G) ON THE CONSENT —A ND Councilmember Kasper pointed out that a fire exit was not required for the subdivision despite the recommendation of the Fire Department. He said the City Engineer told the Council that Peter Bilder would have an emergency access by way of tract 200 but has since found out that that is not the case. Councilmember Kasper asked the City Attorney what the solution to that problem may be. City Attorney Scott Snyder noted that there are very few circumstances under which final plat approval could be denied and that Mr. Bilder's tract was not a part of the subdivision. He P suggested that a public hearing be scheduled if the Council had any questions regarding the subdi- vision. Councilmember Kasper expressed concern that the information that was presented to the Council during the hearing and on which they based part of their decision was incorrect. Pete Bilder, 7406 Meadowdale Beach Road, said he has an exclusive easement to exit his property in a westward direction. He said he was sure that his neighbor, Bob Allen, would not object if he utilized his property during an emergency. Councilmember Kasper said if Mr. Bilder's concerns were addressed then he was satisfied as well. Mr. Bilder requested to be allowed to give further testimony regarding the subdivision. Mayor Naughten stated that further testimony was not allowed unless the Council voted to reopen the hearing. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEM (G). MOTION CAR- RIED. Councilmember Hall suggested that Mr. Bilder make his statements concerning the subdivision dur- ing the audience portion of the meeting. AUDIENCE Mayor Naughten opened the audience portion of the meeting. Pete Bilder, 7406 Meadowdale Beach Road, said lots 5, 6, and 7 of Eagle's Nest Estates were grad- ed and the soil was placed on lots 2, 3, and 4. He said his view will be impacted if the height ®� limit of structures on lots 2, 3 and 4 exceed Code requirements. He requested the Council to oversee the development of those lots in order to insure that the Code is complied with. �e,,,,or✓ Tom Strickland, 929 Cary Road, agent for property at 1018 Puget Drive, requested the Council to reconsider its decision of June 21 regarding the liquor license application at that address. He said the applicant has addressed numerous issues raised by Staff and adjacent neighbors in an attempt to develop the project in a manner that is conducive to the residential atmosphere. He 3 said Roy and Trudy Stringer will operate the store as individuals and not as franchise operators. Mr. Strickland submitted 45 affidavits (marked Exhibit 1) of people whose signatures appeared on the petition that was submitted to the Council on June 21 stating that they did not sign that particular petition. He said the 900 people who signed the petition believed they were signing a petition to keep the B & H Grocery in business. Mr. Strickland also submitted a petition (marked Exhibit 2) with over 100 signatures in support of a neighborhood grocery at 1018 Puget Dr. and stating no objection to wine and beer sales. Councilmember Hall expressed concern regarding the City's procedure for the admission of peti- tions. She questioned the validity of the petition that was submitted to the Council on June 21 because it was a photocopy and not an original, children's names appeared on it, and signatures of residents who had moved away from the City appeared on it. Councilmember Hall requested the City Attorney to draft an ordinance which included the following provisions regarding petitions: 1) only an original document will be accepted; 2) the originator must be identified; 3) the document must be dated and submitted in a timely fashion; 4) only persons 18 years or older may sign a petition in connection with a liquor license application. In light of the testimony that was presented, Councilmember Hall recommended that the liquor license application for 1018 Puget Drive be reconsidered by the Council. Mayor Naughten noted that the City received a letter from the person who submitted the petition to deny the liquor license application stating that it was circulated when the B & H Grocery was still in business. He said the Police Department received 41 letters from people whose signa- tures appeared on the petition stating that they did not sign that petition but did sign a peti- tion in support of the continued operation of the B & H Grocery and had no objection to the issu- ance of a beer and wine license. EDMONDS CITY COUNCIL MINUTES Page 2 July 19, 1988 Mayor Naughten suggested the ordinance also include a provision that a percentage of the people who sign a petition be contacted by telephone to validate their signatures. Mayor Naughten also felt that the liquor license application should be reconsidered by the Coun- cil. Arvalene McKenzie, 9230 Olympic View Drive, said she and other family members signed a petition in support of the continued operation of the B & H Grocery and not a petition opposing the liquor license application, although their names appeared on it. Ms. McKenzie said she considered the issue to be a very serious one because she said her name appeared on a petition with a different heading on it than she had signed. A woman in the audience indicated that she had the original petition in her possession. Council - member Hertrich suggested that the people who questioned the validity of the petition peruse the original document to ascertain whether or not that was, in fact, the document that they had signed. Richard McKenzie, 9230 Olympic View Drive, said he signed an original petition two years ago in support of the continued operation of the B & H Grocery. He said the petition that was submitted to the Council was a photocopy of a petition and was misrepresentative of the signatories. He was very concerned that a self-interest group continued to thrive in the City and continued to misrepresent its citizens. Councilmember Hall explained that the Council was under the impression that the petition was an original document when it was first presented to them. She said the Council based its July 21 decision on the sentiments of the people who signed that petition. She said the Council would try to rectify the matter. Bryce Holland, Bogel & Gates, Seattle, attorney representing Mr. Strickland, offered his assis- tance to the City in resolving the issue. Mr. Holland said it was possible that the signature portion of the petition was attached to a petition with a different heading to create a document which no one ever intended to sign. Mr. Holland said RCW 66.24.010, which addresses local government comment for a liquor license application, states that objections can be made by a local government authority against only the applicant or the premises and that the authority must submit facts corroborating its objections. Mr. Holland questioned what objections could be made against the premises, noting that a building permit had already been issued for the property at 1018 Puget Drive. He added that no objections had been made against the applicant. Mr. Holland questioned the procedure of the Council in consideration of the liquor license application and whether State law was being complied with because, he said, no objections had been made with respect to either the premises or the appli- cant. Councilmember Dwyer suggested that Mr. Holland contact the State Liquor Control Board and tell the Board that he did not think the Council's opinion was germane. Marguerite Lester, 1047 Puget Drive, said she contacted over 100 people who signed the petition in question to verify their signatures and learned that many of them had not signed a petition with the heading in opposition of the liquor license application. She felt that an investigation should be conducted. Dave Earling, 17511 Talbot Road, said the presumptions that were made to the City Council when the petition in question was submitted were that the signatures were recently gathered; the signa- tures were gathered from local residents; and that the signatures were gathered to deny the liq- uor license application. Mr. Earling said the petition was not a valid petition and was an affrontal to the citizens of Edmonds, the Mayor, the City Council, and to the integrity of the City's system of government. He said all sense of ethics, decency, and fair play were lost when the petition was submitted. He requested the Council to reconsider its action on June 21 and to investigate the genesis of the petition. Mr. Earling asked why Councilmember Hertrich was allowed to vote on the matter before the Coun- cil. He pointed out that Councilmember Hertrich lives across the street from the subject proper- ty and was active in the issue of permitting a convenience store in the area prior to his appoint- ment to the City Council. He questioned how Councilmember Hertrich could vote in an unbiased manner. Mr. Earling said although Councilmember Hertrich was technically allowed to vote on the issue, there was a question of the Appearance of Fairness Doctrine and of prejudgmental bias. Councilmember Hertrich said he spoke with the City Attorney that afternoon with respect to the same issues raised by Mr. Earling. He requested Mr. Snyder to expound on their conversation. Mr. Snyder said both prejudgmental bias and the Appearance of Fairness Doctrine are related to the exercises of quasi-judicial power by the Council. He said the Council will be making an administrative recommendation or comment when it renders its decision with respect to the peti- tion. Mr. Snyder said it was his opinion that prejudgmental bias or the Appearance of Fairness EDMONDS CITY COUNCIL MINUTES Page 3 July 19, 1988 Doctrine were not issues of contention concerning Councilmember Hertrich's participation in the vote and he, therefore, would not be barred from making the legislative vote. Harold Schnarre, 1028 Puget Drive, who originally submitted the petition in question, said the petition was circulated when the B & H Grocery was still in operation. He submitted seven addi- tional pages (originals) to the City Clerk (Marked Exhibit 3) which he said contained ninety-two signatures. Mr. Schnarre said citizens had in inherent right to petition their government. He said the City Council should consult with the City Attorney if they believed that it could restrict that right. Mr. Schnarre said there was another petition that was circulated at the time the petition in question was circulated. He said it is possible that the people who stated that they did not sign the petition in opposition of the liquor license application did not read the heading and that is why they thought they signed the other petition. Mr. Schnarre said the statement that the petition in question was pieced together with a different heading was a falsehood. Councilmember Hertrich asked Mr. Schnarre if he brought the original petition with him. Mr. Schnarre replied affirmatively. Councilmember Hertrich asked Mr. Schnarre if he would surrender the original petition to the City Clerk so that people who signed that petition could peruse it. Mr,..Schnarre replied affirmatively. Roy Stringer, 5018 Sound Avenue, Everett, said he and his wife have entered into an agreement to act as the operators of the convenience store. Mr. Stringer said he has conducted business in Edmonds in past years and has been an honest businessman, as people can attest, and he said he intends to continue to conduct business accordingly in the future. Mr. Stringer said a liquor license was necessary for the convenience store to compete with other convenience stores in Edmonds. City Clerk Jackie Parrett informed the Council that Mr. Schnarre was unwilling to release the original petition. Mayor Naughten said that Staff would contact Mr. Schnarre, then, if the origi- nal document was needed. Stan Dickison, 121 - 5th Avenue North, President of the Edmonds Chamber of Commerce, said he would have concurred with the action of the Council on June 21 if he had attended the meeting on that night. He said, however, in view of the testimony that was presented to the Council since that time, he would hope that the Council would reconsider its decision. Councilmember Wilson said the petition that was presented to the Council greatly affected its June 21 decision. Councilmember Wilson made the motion that follows because he said the Council was blatantly deceived into believing that the 900 signatures were gathered in opposition of the liquor license: COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, THAT THE CITY COUN- CIL REVERSE ITS JUNE 21 DECISION AND APPROVE THE LIQUOR LICENSE APPLICATION FOR THE CONVENIENCE STORE LOCATED AT 1018 PUGET DRIVE AND THAT THE STATE LIQUOR CONTROL BOARD BE NOTIFIED IN WRITING. Councilmember Wilson requested Councilmember Hertrich to step down from the dais when the vote was taken. He said because the City Attorney had earlier stated that prejudgmental bias was an issue, it appeared that Councilmember Hertrich was perfectly willing to place the City at legal risk. Councilmember Wilson said it was his opinion that Councilmember Hertrich orchestrated the whole issue and has abused his legislative position and fiduciary responsibility. Councilmember Hertrich pointed out that it was the Council's policy not to vote on an issue when public input should be taken and until the matter was properly posted as a public hearing. He said he spoke with the City Attorney with respect to his participation in the vote and was advised that his participation would not conflict with the Appearance of Fairness Doctrine or be considered prejudgmental bias. Councilmember Hertrich noted that only a small percentage of the signatures on the petition in question were invalid and the remaining signatures should not be discounted. He asserted that the petition was presented to the public as a petition opposing the liquor li- cense application and the people whose signatures appeared on it who state that they did not sign that petition did not read what they were signing. Councilmember Kasper said he would vote in favor of the motion to reconsider the Council's deci- sion based on the testimony that was presented to them that evening. Councilmember Dwyer said in light of the testimony that was presented that evening, the Council should either schedule a hearing to gather further evidence or grant Mr. Strickland's request that the Council not make a decision and allow the State Liquor Control Board to adjudicate the matter. Councilmember Wilson asked Councilmember Hertrich if he intended to abstain from voting. Council - member Hertrich replied negatively. EDMONDS CITY COUNCIL MINUTES Page 4 July 19, 1988 A ROLL CALL VOTE WAS TAKEN. A TIE VOTE WAS MADE WITH COUNCILMEMBER KASPER, COUNCILMEMBER HALL, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, AND COUNCILMEMBER JAECH OPPOSED. MAYOR NAUGHTEN BROKE THE TIE VOTE BY VOTING IN FAVOR OF THE MOTION. MOTION CAR- RIED. Mayor Naughten closed the audience portion of the meeting. The meeting recessed at 8:10 p.m. and reconvened at 8:15 p.m. yii�� i�(y fV FIRST HEARING REGARDING RENEWAL OF CABLE TELEVISION FRANCHISE City Attorney Scott Snyder stated that the Federal Communications System requires that the City's Ix -franchise renewal process be taken in two separate steps: 1) that public hearings be conducted to determine if the franchise should be renewed, and 2) a second series of hearings be held if the franchise is not renewed. Mr. Snyder noted that Bob Towe, Chambers Cable, and Kay Deasy, Viacom, were in the audience to answer any questions that might be raised by the public. He noted that they would be back before the Council for a full presentation at a later date. He said both representatives have requested that the presentation of Viacom regarding future needs of the City not be presented at the same public. meeting as the Chambers presentation so as not to confuse the hearing process with discus- sions. of the two franchises. Mr. Snyder said Viacom desires only to continue to service the eighty customers which they presently service. It does not seek an area -wide franchise. Mayor Naughten opened the public portion of the hearing. Jeff Palmer, 17510 - 76th Avenue West, said he would like the community bulletin board channel broadened into a full public access channel. Randall Dodd, 16323 - 71st Place West, said the service offered by Chambers Cable is very limited because their equipment is outdated. He inquired if the Council would ask its franchise, Cham- bers Cable, to update their equipment. Mr. Dodd said he would be willing to volunteer his servic- es for technical advice to Chambers Cable and the Council. Denise Bohnke, 18829 - 94th Avenue West, said her cable service would have been disconnected several times if she or her husband had not been at home at the time the service men arrived at their home and explained to them that they were current on their payment. Ms. Bohnke said her service was ultimately disconnected so she called the main office and discovered that her service was disconnected because the paperwork of the former occupant had not been processed yet. Ms. Bohnke said the service that is offered by Chambers Cable is very limited. She thought the company should be required to update their equipment in order to provide better service. * Michael Holland, 604 Glen Street, Public Access Producer, Viacom, said he spoke with Chambers Cable several months ago about a public access system but was told that the company did not have the capability to offer that service. Mr. Holland said he believed that the F.C.C. requires cable.companies to offer that service. Mayor Naughten closed the public portion of the hearing. Councilmember Hall said she was unhappy with the billing system of Chambers Cable because the billing periods quite often overlap with one another. Mayor Naughten noted that the next hearing was scheduled on August 16, 1988. The Council requested that a report regarding public access requirements be provided as well as the services that other local cable companies offer. HEARING ON PROPOSED AMENDMENTS TO THE EDMONDS COMMUNITY DEVELOPMENT CODE REGARDING HOUSING FOR THt ELDERLY CDC- -8 Planning Division Manager Mary Lou Block reported that the issue of elderly housing was first addressed by members of the Elderly Housing Committee, who met approximately twelve times over the seven month period from October 1986 to April 1987. The Committee prepared a report with recommendations that was presented to the Planning Board on April 22, 1987. Subsequently, the Planning Board has spent many hours reviewing the Committee's recommendation and the Edmonds Community Development Code (ECDC), has toured elderly housing facilities, and has taken testimony from various interested parties. * See Council Minutes of August 2, 1988 EDMONDS CITY COUNCIL MINUTES Page 5 July 19, 1988 Ms. Block said the Board has concluded that no significant changes to the ECDC are warranted at this time. They accepted the Committee's recommendations with respect to minor changes to the Code, i.e., changes in definitions, etc. However, they did not accept the recommendations to change density requirements for all elderly housing and to allow retirement facilities in BC and BN zones, as well as in RM zones. The changes recommended by the Board include: 1) establishing new definitions for hospitals, congregate care facilities, and foster homes; 2) changing the title of Chapter 20.25 of the ECDC inserting the words "low income" in certain sections of that chapter and amending the parking requirement to one parking space per unit; and 3) amending Chap- ter 16.30.020 allowing community facilities to be developed by private parties as well as public entities. Ms. Block pointed out that specific recommendations of the Planning Board were inadvertently excluded from the Council packets. Assistant City Planner Duane Bowman submitted the recommenda- tions to the Council, as well as a comparison of existing legislation, Planning Board recommenda- tions, and Elderly Housing recommendations. Ms. Block introduced Norma Bruns and Dorothy Williamson of the Elderly Housing Task Force in the audience and Jeff Palmer and Hank Lewis, Planning Board members. Councilmember Hall inquired if low-income elderly housing and regular elderly housing were dis- cussed -concurrently or separately by the Planning Board and Committee. Ms. Block said the Commit- tee addressed housing for both regular elderly housing and low-income housing, and the Planning Board addressed both types of housing but did not make a recommendation for changes to the Code for regular elderly housing. Ms. Block said the Board believed that the only change to the Code should be to include the words "low income" so that the advantage for density and parking per- tained only to low-income housing and not to regular elderly housing. Councilmember Jaech inquired if a distinction will be made in the Code between low-income and standard housing for the elderly. Ms. Block replied negatively. Councilmember Jaech recommended that that distinction be made. She inquired how the Code would be applied to a facility which houses elderly residents with varying income levels. Ms. Block said the Planning Board has recom- mended that the density and parking provisions apply only to housing that is built for low-income. Councilmember Kasper said in comparison to the study by the Elderly Housing Task Force, the proce- dure by the Planning Board seemed rather arbitrary. He inquired why more information on HUD programs was not included. He suggested that the Council review the issue further during a work- ing meeting. Councilmember Hertrich expressed concern that the recommendation before the Council did not de- fine low-income housing. He recommended that that issue be reviewed by the Planning Board. Ms. Block pointed out that low-income housing is referred to in the Code by those people who qualify for HUD projects. Councilmember Hertrich inquired if low-income housing will be included in the definition section of the Code. Ms. Block said the definition of low-income will be necessary as it pertains to those people who qualify by income. Mr. Palmer added that to include the HUD definition of low-income would mean constantly updating the Code because the HUD standards are constantly changing and so the mere reference to the HUD standard was appropriate. Mayor Naughten opened the public portion of the hearing. Hank Lewis, Planning Board member, read a statement into the record prepared by the Board stat- ing, in essence, that the Board initiated discussion regarding elderly housing to clarify City of Edmonds development guidelines and to bring them into line with current needs, demands, and pub- lic sentiment. Mr. Lewis said housing for the elderly is an overwhelming and complex issue. He said the Board spent countless hours discussing particular aspects of elderly housing, and the consensus of the Board was that the ECDC should be modified to allow consistent administration and to address the potential options available to elderly people but that significant zoning changes should not take place which would allow higher densities, height variances, parking reduc- tions, or intrusions into business zones. Mr. Lewis said he supported Councilmember Kasper's recommendation that the Council further review the issue of elderly housing at a later date. He said although the Planning Board felt that the entire issue of elderly housing was overwhelming and confusing, they believed that its recommenda- tion was responsive to the community's needs and was capable of being administered. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO DISCUSS THE ISSUE OF ELDERLY HOUSING AT THE SEPTEMBER 13 WORK MEETING. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 6 July 19, 1988 HEARING ON HEARING EXAMINER RECOMMENDATION TO VACATE A PORTION OF UNDEVELOPED RIGHT-OF-WAY OF vm.�/�'. NORTH ME D WD L ROAD IN VICINITY F 16224 NORTH MEAD WD LE ROAD ST-3-88 METC NS RUC I N W Planning Division Manager Mary Lou Block reported that on June 16, 1988, the Hearing Examiner held a public hearing on the petition of Metco Construction to vacate a portion of right-of-way and, vacant City property along the east side of North Meadowdale Road. Ms. Block said the peti- tioner proposes to include the vacated property as part of a planned short subdivision. The residents of the neighborhood objected to the vacation request on the basis that it would mean the loss of trees along North Meadowdale Road and would increase the density of the intended develop- ment. The Hearing Examiner issued a report on July 7, 1988 recommending that the City Council vacate the right-of-way and property, subject to the conditions listed in his report. Ms. Block said the Hearing Examiner felt that the proposed vacation request met all the required review criteria, subject to the City being compensated for the property and utility easements being reserved. Assistant City Planner Duane Bowman indicated the location of the property in question via a vicinity map. Councilmember Dwyer inquired if the applicant would have a right to possess the property in ques- tion.: tf. the criteria as set forth in the Edmonds Community Development Code governing right-of- way vacations was met or if the disposition of that property was left to the Council's discre- tion. City Attorney Scott Snyder said the disposition of the property that was in fee ownership of the City was subject to Council determination; however, the right-of-way must be utilized for a street or an attendant street purpose (walkway, bike path, parking). Mr. Snyder said if the Council chose to retain that parcel and not vacate it, its decision should be based upon a find- ing that it is necessary to the City for a road or an attendant road use. Councilmember Dwyer inquired if the applicant needed both the fee -owned property and the right- of-way in order to accomplish the proposed subdivision. Ms. Block replied affirmatively. Councilmember Hertrich inquired if Metco Construction was currently engaged in a project in the immediate vicinity of the subject property. Ms. Block replied affirmatively. Councilmember Hertrich noted that testimony was given at the hearing before the Hearing Examiner regarding the poor quality of work by Metco Construction of a project in the immediate vicinity, and they feared that the trees would be lost if the property was vacated, thereby impacting the corridor of North Meadowdale Road. He inquired if the Hearing Examiner addressed that issue in his re- port. Ms. Block replied affirmatively. She referred Councilmember Hertrich to Recommendation N3. Councilmember Hertrich inquired if the Hearing Examiner addressed the change in character to the vicinity if the trees were removed. Ms. Block replied negatively. Mayor Naughten opened the public portion of the hearing. Jerry Lovell, Lovell-Sauerland & Associates, 19400 - 33rd Ave. W., Lynnwood, stated that the Meadowdale plat was recorded approximately seventy years ago. At the time the plat was recorded, it was badly surveyed and the location of North Meadowdale Road did not correspond to the right- of-way maps. The City of Edmonds attempted to correct this misalignment of the road with the right-of-way by passage of Ordinance 1853, which mandated the City to conduct a survey to locate the existing roadway within the existing right-of-way. As a result of that survey, much of the original right-of-way from North Meadowdale Road was vacated to the adjoining property owners. However, a small portion of the right-of-way was not vacated. Mr. Lovell said the actual roadway is located approximately sixty feet west of the center line of the platted right-of-way. Councilmember Wilson noted that the Hearing Examiner recommended that the applicant must seek final approval of any clearing or cutting on the subject property. He said, however, testimony was not given at the hearing to alleviate the concerns of adjacent property owners. Mr. Lovell said he had a preliminary clearing and grading plan with him. fie said he had no objection to retaining all of the trees near lot 4 within the right-of-way. Mayor Naughten opened the public portion of the hearing. Randy Pfriem, 6923 - 163rd Pl. S.W., submitted affidavits (marked Exhibit 1) to the City Clerk. Mr. Pfriem said the adjacent residents were opposed to selling the City -owned property. He said the applicant did not adhere to an approved tree cutting plan for an adjacent development and created a development that looks like a retail and commercial complex. Mr. Pfriem said the community was not properly notified of the proposed action contrary to the testimony given during the hearing before the Hearing Examiner that proper notice was given. He EDMONDS CITY COUNCIL MINUTES Page 7 July 19, 1988 recommended that the Council immediately review the notification process because he said the system does not work. Mr. Pfriem said the proposed action was in direct conflict with the intent of the Comprehensive Plan. He read sections of the Comprehensive Plan into the record. Councilmember Dwyer inquired if the fee -owned property was wooded and in its natural state. Mr. Pfriem said that the property was the most wooded property in the area. Councilmember Wilson inquired if Mr. Pfriem's fears would be allayed if the developer strictly adhered to the approved tree cutting plan and did not remove any vegetation whatsoever on the property in question. Mr. Pfriem replied negatively. Glen Loboudger, 15920 - 72nd Ave. W., said he, too, could subdivide his property and make a con- siderable profit if he sold his property. He likened the sale of his property and development to that of the proposed action, but he said he did not believe either transaction would be right. Mr. Loboudger strongly opposed the proposed action. He asked the Council not to sell its proper- ty because he said the tree line would be destroyed. Mary Pfriem, 6923 - 163rd P1. S.W., was opposed to the sale of the property in question to Metco Construction Company. She said she was appalled to think that elected officials would consider selling: land that belongs to every citizen of Edmonds. She suggested that the property be desig- nated as a pedestrian/bicycle right-of-way. Janis Joslin, 16219 - 70th Pl. W., said the property in question is a tree -covered lot that bor- ders North Meadowdale Road. She said the neighborhood has strongly indicated by petition to the Planning Department and by letters to the Hearing Examiner that they wish to maintain the tree line character of the valley. Ms. Joslin said the neighborhood is concerned that Metco Construc- tion Company will continue to develop property in the manner that they have in the past and re- move a large percentage of the trees on the subject property if it is vacated. Ms. Joslin said the property in question is publicly owned and should remain so. She said she wanted a guarantee that the land would remain tree covered for the benefit of the neighborhood and the community. In addition, as a biologist, she requested that the land be maintained in a forested lot for the benefit of the local wildlife and the migratory birds. She noted that several residents have commented that the adjacent development that Metco developed has negatively impacted the local population of deer, coyote, quail, and other wildlife. Ms. Joslin said the residents are concerned that Metco has been unwilling to adhere to commit- ments for adjacent developments and believes, therefore, that Metco will strip the trees from the area if they are granted the vacation request. Ed Huebner, 15719 - 70th Ave. W., asked Mr. Bowman if Metco Construction was involved in the Steele Park addition. Mr. Bowman replied affirmatively. Mr. Huebner said the developer did a "lousy job" and removed a great majority of trees. He said he was appalled at the quality of work that Metco does and "gets away with". Mr. Huebner said he realized that some trees must be removed in order to develop a lot. He said, however, he felt the best use of the property in question was its use at the present time. Councilmember Kasper inquired if the property in question was once part of tract 70. Mr. Lovell replied affirmatively. He said tract 70 was once part of the property platted as Westmont View. In the process of platting that subdivision, he said the developer dedicated the 60 foot right- of-way for Meadowdale Road and also conveyed part of tract 70 that lies easterly of the 60 foot right-of-way to the City. Councilmember Kasper noted that the property in question must be sold to an adjacent property owner if it is vacated. Mr. Lovell pointed out that Metco Construction is one of two adjacent property owners. Mayor Naughten closed the public portion of the hearing. Councilmember Dwyer said because there has been no testimony given that would indicate that the City will ever utilize the property which it holds a right-of-way interest in, there is no reason not to offer to vacate it. However, he said, there is good reason not to convey the parcel that the City owns in fee, that being the testimony of residents requesting the City to retain that parcel so that it will lie in its natural state. He said it would be more in keeping with the intent of the Comprehensive Plan to keep that parcel in its natural state than to convey it to a private party in order to allow it to be developed to a more intensive use. EDMONDS CITY COUNCIL MINUTES Page 8 July 19, 1988 J Councilmember Hertrich said he was in favor of retaining both parcels of land because they con- tribute to the aesthetic quality of the community. * Councilmember Kasper was concerned that there is no requirement in the Code to reduce a lot size if a pathway is designated which intersects a lot. He recommended that the subdivision be ap- proved but that the City retain a tree and walkway easement. Mr. Snyder noted that the applicant just provided him with a copy of a deed. He requested the Council to reopen the hearing to address that issue. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO REOPEN THE HEARING TO ALLOW MR. SNYDER TO ELABORATE ON THE ISSUE OF THE DEED. MOTION CARRIED. Mr. Snyder requested the applicant to address the issue rather than him- self. Mr. Lovell said the document was a copy of a quit claim deed from Westmont View Joint Adventure to the City of Edmonds. He said the deed conveys the portion of lot 70 Meadowdale Beach lying northeasterly of Meadowdale Road. Mr. Snyder inquired where Mr. Lovell acquired that document. Mr. Lovell said he thought he acquired it from the title company. Mr. Snyder stated that the document was a standard quit claim deed for road purposes typically prepared by the City Street Department and conveys a right-of-way and not fee title. Councilmember Dwyer stated, then, that the City did not possess any fee property. Mr. Snyder concurred. Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCIL - MEMBER HALL, TO REOPEN THE MEETING. MOTION CARRIED. Mr. Snyder said the decision before the Council was whether to continue the hearing to obtain record title from the auditor's office. Councilmember inquired if the hearing should be repub- lished if it was continued. Mr. Snyder said the hearing would not have to be republished if continued to a date certain. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO CONTINUE THE HEARING TO AUGUST 16, 1988. MOTION CARRIED. HEARING ON PROPOSED ORDINANCE ESTABLISHING A PROCEDURE FOR TERMINATION OF WATER SERVICES TO C T.. 111. LIrAWILMAI C CI inC UA7ADn ADCA L[Un CATI OD DC1:11U Tn rMDI V WTTP CITY NOTTFT- Community Services Director Peter Hahn reported that the City has sought legal alternatives for achieving 100% sewer hookups in the Meadowdale area for the past two years. The City has taken the only legal remedy available to it --imposition of the full sewered rates --and, yet, 13 proper- ties remain unconnected. The State Legislature failed to pass a proposed bill that would have given the City injunctive powers. Mr. Hahn said the City Attorney's office has been researching this topic and has developed an alternative that would work. With the creation of the Combined Utility, the City has the authori- ty to shut off water service from properties that refuse to hook up. Mayor Naughten opened the public portion of the hearing. Mike Rusnak, 15620 - 72nd Ave. W., said he felt the proposal to shut off water service was "unciv- ilized". He said he was not connected to the system yet because he did not believe it was the best way. He noted, however, that he is in negotiations with the City Engineer's office at the present time. Glen Loboudger, 15920 - 72nd Ave. W., said he was maddened at the residents who have not hooked up yet. He said he was sure the City would work with any resident: that was experiencing a hard- ship. Mr. Loboudger's philosophy was that citizens should comply with the City's regulations if they chose to use City water. Randy Pfriem, 6923 - 163rd P1. S.W., agreed that shutting off water service was a "drastic and barbaric" method. He suggested that alternative methods be considered to induce hookup. Councilmember Wilson inquired how extensively Staff consulted with residents who have not hooked up. Mr. Hahn said letters were sent to residents requesting them to hook up, but he said each and every one of them were not contacted by telephone. He said Staff was hoping they would at- tend the hearing. Mr. Hahn said if the ordinance is adopted, their water service will not be shut off immediately as Staff is willing to meet with them and work with them. Councilmember Jaech inquired if a notice of the hearing was sent to the residents who were not hooked up. Mr. Hahn replied affirmatively. Councilmember Jaech inquired if any one of those residents contacted Staff. Mr. Hahn replied negatively. * See Council Minutes of August 2, 1988 EDMONDS CITY COUNCIL MINUTES Page 9 July 19, 1988 Councilmember Hall said she felt Administration was at fault with respect to the residents who refuse to hook up. She said they were informed that they must connect to the system sixteen months ago and Staff has not compelled them to do so. Mr. Snyder pointed out that Staff has made every effort possible to induce those residents to hook up but to no avail, and that is why the proposed ordinance was before the Council. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ADOPT ORDINANCE 2676. Council - member Hertrich emphasized that Staff is willing to work with the residents who are experiencing difficulties in hooking up. MOTION CARRIED. REPORT ON BIDS OPENED JULY 13 1988 FOR CONSTRUCTION OF 1988 OVERLAY PROGRAM AND RECOMMENDATION TO AWARD CONTRACT TO LAKESIDE INDUSTRIES($125,075.50) yap Community Services Director Peter Hahn reported that at the June 7, 1988 Council Meeting, the 1988 Pavement Overlay Program was reviewed, as well as improvements to streets in the area of 97th Avenue and 216th Street. The Council authorized advertisement of the overlay program and gave Staff direction on the options for the 97th Avenue, et al, street improvements. The Council was given three options for paving the 97th neighborhood streets: Initial Estimate Low Bid Second Bid OPTION A (chip seal, etc.) $ 5,000 - - Option B (resurface) $35,000 $22,161.75 $23,963.75 Option C (reconstruct) $45,000 $36,037.50 $65,230.000 Mr. Hahn noted that the City Engineer recommended Option B. Councilmember Kasper inquired why no bid was received for Option A. Mr. Hahn said that work would be performed by the City's subcontractor. Councilmember Wilson'said he was in favor of Option A. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE OPTION A WITH THE BASE BID. Councilmember Hall. recalled that the City Engineer did not recommend Option A because he said a chip seal would last only about five years. Mr. Hahn clarified that Option A would cost $18,000 and not $5,000. COUNCILMEMBER HERTRICH WITHDREW THE SECOND. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE OPTION B. MOTION CAR- RIED WITH COUNCILMEMBER KASPER OPPOSED BECAUSE HE SAID CITY FUNDS WERE NOT AVAILABLE TO DO ROAD IMPROVEMENTS AND THEY SHOULD BE FUNDED BY AN L.I.D. AUTHORIZATION FOR MAYOR TO SIGN CEMETERY SALES CONTRACT --COMMISSION SERVICES Community Services Director Peter Hahn reported that the Council directed Staff to prepare a new contract with Mrs. Marla Depew for cemetery lot sales and services associated with burials. The Council also directed the Grounds section of the Public Works Division to assume the maintenance of the cemetery grounds. In response to Council's direction, Staff has presented the following for approval: 1) a new contract for the above -mentioned services; 2) a request for one new position in the Grounds section of Public Works. Cemetery maintenance will require 725 hours, which is the equivalent of approximately 0.4 full-time people. The section is understaffed so a full-time person would narrow the gap, as well as provide the needed Staff time for cemetery maintenance; 3) a separate contract for completion of surveys and burial records will be prepared. Mr. Hahn noted that the original contract for full services (maintenance, plot sales, and burial services) as originally submitted and recommended by the City administration was included in the Council packets. EDMONDS CITY COUNCIL MINUTES Page 10 July 19, 1988 Mr: Hahn said the Grounds Supervisor has developed a contingency plan in the event that a new person is not approved. He emphasized that the level of maintenance in certain areas of the City must be reduced in that event. Councilmember Jaech clarified that the Council had discussed that maintenance of the cemetery grounds would be performed by the Public Works Division on a temporary basis until the Council resolved the maintenance agreement with the Hubbard Foundation. Councilmember Hall felt that hiring a new person in the Grounds Division would be "stacking the deck". She did not think it would be appropriate in light of the proposed contract. Mr. Hahn noted that cemetery maintenance will require 725 hours, or 0.4 full-time person. He said because the City cannot hire 0.4 person and because the Grounds Division is understaffed, a new position in Grounds is requested. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE CONTRACT WITH MARLA DEPEW. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER KASPER, COUNCILMEMBER HALL, COUNCILMEMBER HERTRICH, AND COUNCILMEMBER JAECH IN FAVOR; COUNCILMEMBER DWYER AND COUNCIL - MEMBER WILSON OPPOSED. Councilmember Jaech requested that the City, Hubbard Foundation, and the Board meet to resolve the issue of maintenance of the cemetery. MAYOR Mayor Naughten noted that Mr. Albright Doug Albright, Ogden, Ogden & Murphy, was in attendance to discuss S.E.I.U. labor negotiations during an Executive Session following the regular agenda. Mayor Naughten said the Highway 99 Task Force needs approximately $5,000 to complete the next hase of development. He asked the Council to pledge $1,000 with the understanding that the % other jurisdictions will contribute. He also requested that the City reimburse him $500 for expenses that he already paid from his budget that relate to the Task Force. COUNCILMEMBER WIL- SON MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROPRIATE $1,000 FROM THE COUNCIL CONTINGENCY FUND TO THE HIGHWAY 99 TASK FORCE AND $500 TO REIMBURSE THE MAYOR FOR WORK HE HAS PERFORMED ON THE TASK FORCE. MOTION CARRIED. Mayor Naughten reported that he and Councilmember Kasper met with the Port of Edmonds. Discus- sions revolved around problem solving and cooperation between the Port and the City. Mayor Naughten announced that the City received a $16,900,000 grant from EPA last Friday. ayor Naughten referred to the letter from Sherry Claussen withdrawing her appeal regarding the �% c � Esterberg plat, as well as a letter from Jim Allendoerfer, representing the subdivision appli- cant, objecting to the withdrawal. City Attorney Scott Snyder said the decision before the Coun- cil was either to set a date to hear Esterberg s complaint about the withdrawal or simply dismiss the appeal. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER JAECH, TO DISMISS THE APPEAL. Councilmember Kasper inquired if the project could be appealed in the future. Mr. Snyder said because the Hearing Examiner required that a tree cutting plan be submitted to Staff for review and approval, any Staff decision is appealable and the issue could be back before the Council. He said the subdivision will receive final approval if the appeal is dismissed but the only issue of contention would be the number of trees that could be removed. Councilmember Dwyer expressed concern that other citizens who may have filed an appeal but did not do so because Ms. Claussen had filed an appeal will not have an opportunity to be heard because Ms. Claussen withdrew her appeal and the appeal period has expired. Mr. Snyder said if the Council was looking for a direc- tive, he would recommend that the issue be scheduled on the August agenda, at which time the Council could rule on the procedural motion and determine whether or not to proceed on the appeal. MOTION CARRIED. COUNCIL ouncilmember Kasper inquired if the City has. given its citizens in north Edmonds the same assur- nces that Lynnwood has with respect to noise and odor control at the secondary treatment plant. ommunity Services Director Peter Hahn said he was not aware of Lynnwood's proposal. Councilmem- ber Kasper requested that that issue be researched. Councilmember Jaech inquired if the patch on the sidewalk in front of the library was temporary, noting that the City had not allowed that type of repair in the past. Public Works Director Bobby Mills said the patch was temporary. EDMONDS CITY COUNCIL MINUTES Page 11 July 19, 1988 Councilmember Jaech inquired about the construction project at Doces Mall. Planning Division Manager Mary Lou Block said the interior of the mall was under remodel. Councilmember Hertrich noted that PSCOG has an extensive work program scheduled for 1989. He said the issue regarding Paine Field will be put to a vote again because the word "modified" was referred to in the Scot vote but did not appear in the original motion. He said Snohomish County officials intend to discuss the word "modified" in.the near future. He requested the Council to authorize him to vote to abstain the decision until Snohomish County officials render their defi- nition of the word "modified" and, also, that both minority and majority reports of the Task Force be presented to the Council. The Council told Councilmember Hertrich to proceed. Councilmember Wilson reminded the Council of the meeting with the School Board on July 22. Councilmember Hall requested that her absence be excused when she was at the AWC meeting. COUN- CILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER DWYER, TO EXCUSE COUNCILMEMBER HALL'S ABSENCE. MOTION CARRIED. Councilmember Hall said Bjorn Thuesen had expressed his concern to her that older buildings in Edmonds are being demolished. She suggested that the Community Services Committee review the issue of preservation of historical buildings in Edmonds. M"r...Mi:Tls reported that the Public Works Department will commence a project next Monday on 212th and 82nd because Staff discovered that the sewer manhole was too high and must be lowered to get proper flow in the sewer line. The meeting recessed at 11:15 p.m. to an Executive Session for approximately 15 minutes to dis- cuss the S.E.I.U. labor negotiations. THESE MINUTES ARE SUBJECT TO AUGUST 2, 1988 APPROVAL. g7. JACQUELINE G. PARRETT, City Clerk LARRY S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page '12 July 19, 1988