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07/02/1985 City CouncilTHESE MINUTES SUBJECT TO JULY 9 APPROVAL EDMONDS CITY COUNCIL MINUTES JULY 2, 1985 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Pro Tem John Nordquist in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT John Nordquist Larry Naughten, Mayor Art Housler, Admin. Svcs. Director Steve Dwyer Tom Cole, Student Rep. Peter Hahn, Comm. Svcs. Director Laura Hall Dan Prinz, Police Chief Jo -Anne Jaech Jack Weinz, Fire Chief Bill Kasper Pat LeMay, Personnel Manager Lloyd Ostrom Mary Lou Block, Planning Director Jack Wilson Jim Adams, City Engineer Roger Dalzell, Crime Watch Jackie Parrett, City Clerk Scott Snyder, City Attorney . Shirlie Witzel, Recorder Mayor Pro Tem Nordquist reported that Mayor Naughten is progressing very well and expects to chair the Council meeting next week. CONSENT AGENDA Items (I) and (Q) were removed from the Consent Agenda for discussion. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ADD ITEM (R), ORDINANCE AMENDING PENALTIES FOR DRIVING WHILE INTOXICATED, AND APPROVE THE BALANCE OF THE CONSENT AGENDA. The approved items on the Consent Agenda included the following: (A) Roll call. (B) Approval of minutes of June 18, 1985. (C) Passage of corrected Resolution 623 authorizing City participation in State Deferred Compensation Program. (D) Approval of funds to arbitrate the City/School District appraisals of the Olympic School ($1,500). (E) Instruct City Attorney to draft ordinance permitting angle parking on Sunset Ave. (F) Report on bids for sale of excess IBM Memory Typewriter and award of bid to Alice. Brown ($556.50). (G) Acceptance of Quit Claim Deed from Daniel and Donna Tscherne for street right-of-way. (H) Acknowledgment of receipt of Claims for Damages from Thomas M. Walton ($500) and Carol Oehler ($16). (J) Final acceptance of work by Grade, Inc., for 1984 pedestrian walkway project and setting of 30-day retainage period. (K) Final acceptance of work by Grade, Inc., for construction of Sea Vista Pl. LID 212. (L) Acceptance of Quit Claim Deed for right-of-way from Ralph Perrigoue. (M) Adoption of Ordinance 2503 vacating a portion of the unbuilt right-of-way of North Meadowdale Rd., in vicinity'of 164th St. S.W. (ST-4-85). (N) Adoption of Ordinance 2504 vacating 164th St. S.W. from North Meadowdale Rd., east to 68th Ave. W. (ST-1-82). (0) Adoption of Ordinance 2505 and final PRO and Subdivision approvals for 20-lot subdivision at 16400 68th Ave. W. (Meadowdale Heights/P-1-84 and PRD-1-84). (P) Adoption of Ordinance 2506 and final PRO approval for Edmonds View Divisions 1 and 2 (PRD-1-81 and PRD-2-81). (R) Adoption of Ordinance 2507 establishing new penalty for driving while intoxicated. APPROVAL OF AMENDMENT TO SEWER SERVICE AGREEMENT WITH TOWN OF WOODWAY :Item (I) on Con- sent Agen a Councilmember Kasper questioned the wisdom of approving this agreement before the Council has looked at all contracts dealing with this issue. He said gerrymandering the boundaries could result in the City being forced to accept more than 70 hookups. He added that there is new information available that should be seen by the Council before a decision is made. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO PLACE THIS ITEM ON THE AUGUST 13 AGENDA FOR DISCUSSION. Councilmember Dwyer asked if a delay would cause any problems. Councilmember Kasper was not aware of any time considerations; he said this would result in a total realignment of sewerage and he is not willing to approve the agree- ment until the Council can look at the entire picture. In response to Councilmember Dwyer's question, Community Services Director Peter Hahn said he and Mayor Naughten had discussed the proposed amendment and agreed that the City could handle 70. He said there is a time factor involved for some individuals. Councilmember Ostrom asked for clarification of the information required by Councilmember Kasper. Councilmember Kasper said there are sewer installations in excess of the number of units that the City now services; changing the boundaries could result in delivery of all 70 customers this year rather than over a period of four or five years. He would like to know the number of commitments that now exist and would like to see the staff and consul- tant study on this subject. Mr. Hahn said there are 30 hookups in Woodway as of this date and the area to be added would have a maximum of nine if and when they are connected. City Attorney Scott Snyder commented that the contract is for 70 but the City could have an enforcement problem. He said the contract provides an indemnification provision if an individual is denied service and brings a claim against Edmonds. Councilmember Kasper suggested the sewage might be delivered to Olympic View and then to Edmonds. Mr. Snyder said the agreement with Olympic View defines the service area and excludes Woodway, but again that could be an enforcement problem. Councilmember Hall agreed with what Councilmember Kasper had said but felt the Council could approve the amendment and deal with the issue of excess customers later. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEMBERS KASPER AND WILSON VOTING YES AND COUNCILMEMBERS NORD- QUIST, DWYER, HALL, JAECH, AND OSTROM VOTING NO. MOTION FAILED. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO SCHEDULE THIS ITEM ON THE JULY 9 AGENDA FOR DISCUSSION. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEMBERS JAECH, KAS- PER, OSTROM AND WILSON VOTING YES AND COUNCILMEMBERS NORDQUIST, DWYER, AND HALL VOTING NO. MOTION CARRIED. INSTRUCT CITY ATTORNEY TO DRAFT ORDINANCE PLACING NO PARKING RESTRICTION ON 7TH AVE. S. BETWEEN ELM ST. AND BIRCH ST., AND ON ELM ST. FROM 6TH T 8 H VE. S. Item 0 on Consent Aoenda Because public hearings have been held on parking changes in the past, COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO SCHEDULE A PUBLIC HEARING ON THIS SUBJECT FOR JULY 16, 1985. Councilmember Kasper asked if a hearing had not already been held and Coun- cilmember Jaech replied that the hearing had concerned widening the street. Mr. Hahn asked if the Council intended that an ordinance be prepared for presentation at the.hearing. Councilmember Jaech replied in the affirmative. MOTION CARRIED WITH COUNCILMEMBER WILSON VOTING NO. AUDIENCE Norm Nelson, 15729 75th Pl. W., expressed concern regarding assessment bills received from the City. After paying sewer service fees on three buildings, utility taxes on telephones, lights and water, taxes and sewer assessment, he questions the fairness of having to pay $900 for a side sewer. Asked by Mayor Pro Tem Nordquist if he had called the Public Works Department, Mr. Nelson said he had and was advised that nothing could be done. Mayor Pro Tem Nordquist then asked Mr. Hahn to meet with Mr. Nelson to discuss these concerns. Jack Tornquist, 23126 102nd Pl'. W., indicated his opinion that a walkway on 102nd Pl. is not necessary with the gate closed. EDMONDS CITY COUNCIL MINUTES Page 2 July 2, 1985 Leslie Caplan, 23207 102nd P1. W., expressed concern about construction of a walkway on 102nd Pl. She said the traffic study indicated a cost of $20,000 but she feels the esti- mate is incorrect because no storm drainage facilities, grading, or tree cutting costs are included. She also indicated that there would be costs involved if the main water line developed problems and the walkway had to be dug up. In addition, she said there is no pedestrian problem with the gate closed; if the gate were opened, then it would become necessary but would need curbs because of the danger during winter weather. She asked if the cost of a walkway would be assessed against the property owners. Mayor Pro Tem Nordquist replied in the negative. Ms. Caplan said the neighborhood would support a light on 100th or a policeman to direct traffic, but they are very concerned about any possibili- ty of opening the gate. Jim Pellegrino, 8018 200th St. S.W., spoke in favor of the walkway on 200th from 76th to Maplewood Dr. He said there is no sidewalk there now and it is heavily used by pedestrians who must walk in the street during the winter because the storm drainage ditch is muddy and wet. He said it is amazing that no one has been hit yet. Arthur Stone, 200th and 81st, expressed concern about the lack of walkways on 200th and favors construction. He agreed that there are many children and adults that use this street as pedestrians. He urged the Council to approve this walkway. Karl Borchardt, 7710 200th St. S.W., agreed that a sidewalk is needed where the previous gentlemen live; however, he and his neighbors are concerned about the proposed raised side- walk near their homes, which will block all of the homes on the south side of 200th St. He said there would be no objection to the sidewalk if it were level with the street, allowing access to parking and property. In addition, he said there has been trouble with the water mains and fears the walkway would have to be torn up whenever these troubles occur. Don Carey, 19919 80th Ave. W., spoke in favor of the sidewalk. He said there is limited sight distance on two hills on this street and the sidewalk is needed. He agreed that some people will lose parking spaces in front of their homes, but feels the safety of the chil- dren is more important. Carl Warren, 7725 200th St. S.W., favored the sidewalk and encouraged the Council to approve construction. PRESENTATION OF COMMUNITY SERVICE AWARD TO WILLIAM WRIGHT CRIME WATCH VOLUNTEER Mayor Pro Tem Nordquist invited Councilmember Hall to join him in making the presentation. Councilmember Hall said Dr. Wright has been working with the Crime Watch program for many years and is now working on the Block Watch program, also. Mayor Pro Tem Nordquist read the inscription on the plaque and presented it to Dr. Wright. Dr. Wright expressed his surprise and thanked the Council for the award. Mayor Pro Tem Nordquist asked for nominations from the Council for a Pro Tem President in the event he must leave the Council meeting for some reason. COUNCILMEMBER OSTROM NOMINAT- ED COUNCILMEMBER JAECH, SECONDED BY COUNCILMEMBER NORDQUIST. MOTION CARRIED. CONTINUED COUNCIL DELIBERATION OF 6-YEAR TRANSPORTATION PLAN: Community Services Director Peter Hahn explained that the specific projects for 1986 were advertised with the Council Agenda to place them before the community. He noted that new information on Elm St. was included in the Council packets. He said a survey of the proper- ties that abut the section on Elm St. were surveyed and it was determined that of the five or six properties involved, each one had a two car garage, each one had parking on the side for up to four to six cars and several had easy accessibility to A St. The survey, coupled with the information in the packet, is complete. He added that the additional lane of parking on Elm St. would cost $50,000 and, based on the forgoing facts, he does not see the need for a third lane for parking. Councilmember Kasper asked for a summary of how projects are placed on the plan. City Engineer Jim Adams said the letter is ready but he had not had an opportunity to get the let- ter to the Councilmember. Mr. Hahn said the 6-year plan is a perpetual plan and is adjusted and updated in the current year'for that year and the succeeding year. Since the projects are broken into various categories, Mayor Pro Tem Nordquist suggested that each category be considered individually. SIGNALS: 212th & 76th, 208th & 76th, and 220th & 100th. COUNCILMEMBER JAECH MOVED, SECO ND—ED BY COUNCILMEMBER OSTROM, TO APPROVE THIS CATEGORY. Councilmember Wilson asked if the problem at 208th & 76th is not caused during the time parents are taking their children to school. City Engineer Jim Adams said that was partially true, however, this intersec- EDMONDS CITY COUNCIL MINUTES Page 3 July 2, 1985 tion was identified by a consultant as having major problems. He said part of the problem is the fact that Lynnwood has jurisdiction on the east side of the intersection and many of the complaints at this time are from west bound traffic. Councilmember Wilson suggested that a U-turn area be designed to allow parents to exit to the east, relieving the conges- tion and saving $100,000 for a signal. Mr. Adams said the intersection meets all the crite- ria for a signal, was identified by the Traffic Safety Committee as needing a signal, and the Committee has allocated the money for assistance. He said the suggestions made by Councilmember Wilson would relieve the problem, but not to the extent required. Councilmem- ber Wilson disagreed and believes the problem could be corrected without a signal. Council - member Kasper agreed that there are things that could be done and said this is one of the areas in which the City is lax. MOTION CARRIED. ROADWAY RESTORATION: 80TH Ave. (212th to 220th), Maple St. (5th to 9th), and Olympic View Dr. curve at Sunset Way). COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THIS CATEGORY. Councilmember Kasper said Maple St. above 6th is relative- ly new and is being replaced already. Mr. Adams said there is a need to replace the road- way; those places that have failed will be dug out and the base replaced. He said the project has been on the 6-year plan and was moved up because Public Works staff believe the work must be done. In addition, a letter requesting the work was received from residents after the project had been placed on the list. MOTION CARRIED. MAJOR STREET CONSTRUCTION: 220th (100th to 84th), 220th (east City Limits to Highway 99) and Pioneer Way Main to Shell Valley). Mr. Adams said the 220th improvements from the east City Limits to Highway 99 are funded by the Urban Arterial Board (UAB); the 220th improvements from 100th to 84th are dependent upon UAB funding and must be included on this 6-year plan to be considered by them; and Pioneer Way is planned to be funded with an LID. Councilmember Jaech asked if curbs and sidewalks will be included in any improvement. Mr. Adams replied in the affirmative. In response to a question from Councilmember Hall, Mr. Adams said Pioneer Way is shown accessing to Main St. on the Official Street Map. COUNCIL - MEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE MAJOR STREET CONSTRUC- TION AS LISTED. MOTION CARRIED. WALKWAYS: Councilmember Wilson asked why the walkways are raised as they are on 206th and--wFy tthe Meadowdale Beach Rd. walkway was placed ahead of the 200th St. walkway. Mr. Adams replied that the raised walkway provides a method to protect the pedestrian from vehicular traffic. He noted that there is sufficient funding in the proposed budget to construct all of the walkways. Meadowdale Beach Rd. (76th to Olympic View Dr.): Mr. Adams indicated that there would be 00 yards of sidewalk built adjacent to the Peter Bilder development and this section is needed to complete that portion. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THIS WALKWAY. MOTION CARRIED. 200th (76th to Maplewood Dr.): Councilmember Hall asked if there were any possibility of designing a walkway that would not eliminate parking for residents on the street. Mr. Adams said the walkway will inconvenience some of the people. Mr. Hahn said the City has received 42 cards favoring the sidewalk and approximately five or six cards opposing it. Mayor Pro Tem Nordquist asked if any engineering drawings had been done on the proposal that could be shown to residents. Mr. Adams replied affirmatively, saying they could place stakes to indicate the location. He said if a curb and gutter are constructed the code allows one access to each property not to exceed 20 ft. He said if this is to be done next year, the project must be included in the 6-year plan; the project could be discussed dur- ing the budget sessions and not be included in the budget if the Council does not wish to proceed. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE WALKWAY ON 200TH FROM 76TH TO MAPLEWOOD DR. Councilmember Hall suggested that the project be placed at the bottom of the list to afford more time for consideration. MOTION CARRIED. Caspers (Sunset to 3rd)• In response to a question from Councilmember Kasper regarding the location of the walkway, Mr. Adams said it is planned for the north side of Caspers and he has not discussed this with any of the residents since the concrete was installed on Sunset. Because this should be on the 6-year plan, COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO APPROVE THE CASPERS (SUNSET TO 3RD) WALKWAY ON THE SIX -YEAR PLAN. MOTION CARRIED. 102nd Pl. (Woodway High School to SR 104): Councilmember Dwyer noted that the Council often has requests from groups wanting something; however, it appears that the residents on 102nd Pl. would like to have the Council leave them alone. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBEP. JAECH, TO DELETE THE WALKWAY ON 102NO PL. FROM THE SIX -YEAR PLAN. MOTION CARRIED. EOMONOS CITY COUNCIL MINUTES Page 4 July 2, 1985 REPORT ON CODIFICATION COSTS City Clerk Jackie Parrett indicated that the information before the Council was provided in response to their request during the budget process last year. Based on the information received from Book Publishing and the City Attorney, Ms. Parrett recommended that the City continue to use the.City Attorney for codification services. Councilmember Ostrom said this was a very good report. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, TO ACCEPT THE REPORT AND CONCUR IN THE RECOMMENDATION. MOTION CARRIED. DISCUSSION ON SELECTION OF LABOR NEGOTIATOR Based on prior discussions and research, COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEM- BER KASPER, TO APPROVE SELECTION OF DOUG ALBRIGHT AS CHIEF LABOR NEGOTIATOR FOR THE CITY OF EDMONDS. Councilmember Dwyer, having no strong feelings either way regarding Mr. Dibble or Mr. Albright, will vote in favor of the motion. Councilmember Ostrom does not feel strong- ly about the matter but he would have supported the other candidate because that was Mayor Naughten's recommendation. Councilmember Wilson feels the City has no need to go to the outside for a labor negotiator since this has been done in-house in a very satisfactory manner. He said the person proposed is qualified and will support the motion in the inter- ests of harmony; however, he feels this will cost the City a substantial amount of money. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEMBERS DWYER, HALL, KASPER, AND WILSON VOTING YES AND COUNCILMEMBERS NORDQUIST, JAECH, AND OSTROM VOTING NO. MOTION CARRIED. Councilmember Hall commented that she agreed the City should not go outside for labor negotiations since the City employs a capable negotiator. However, in view of the fact the Mayor wished to go outside for this, she wished to honor a portion of that request. She agrees that too much is spent on labor negotiations. She said an in-house negotiator has a background and sounding board to seek legal advice as necessary. She thanked Personnel Manager Pat LeMay for his past labor negotiations. MAYOR Mayor Pro Tem Nordquist asked for approval of a permit for the Girls' and Boys' Club conces- sion stand during the Fourth of July. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE PERMIT. MOTION CARRIED. A letter from Rob Morrison regarding the concrete bulkhead at Olympic Beach Park had been received asking for a hearing to discuss the matter. Mayor Pro Tem Nordquist turned the letter over to Mr. Hahn, who said there is no urgency in this matter and suggested that a date in August or September be set. Mayor Pro Tem Nordquist presented an application for a liquor license, which was acceptable to the Council, for Mama's Mexican Kitchen, 10008 Edmonds Way. The Council questioned an application from F & P Inc., 407 Howell Street, because of a possible zoning problem with a warehouse in this location. Councilmember Kasper suggested that.any zoning problem be addressed when application for a business license is made. There were no other objections. An application from Harbor Square Athletic Club, 160 Dayton St., for restaurant and dining place, beer and wine on the premises, received no objections. Mayor Pro Tem Nordquist noted that Chief Weinz will be the administrative head of the City on Friday, July 5, 1985. Mayor Pro Tem Nordquist said the Mayor had appointed Lawrence Parrett to the Architectural Design Board. An interview with the Council was set for 6:45 p.m. on July 16. COUNCIL Councilmember Wilson displayed the painting by CH sse Bennett that was purchased by the Council at the Arts Festival. Councilmember Jaech commented that the selection of a loca- tion for hanging the painting is to be decided by the Council. Councilmember Wilson volun- teered to compile a list of suitable locations for hanging the Council art purchases, for use in rotating those purchases. He also volunteered to catalog the art purchases. Council - member Jaech said the Arts Commission has done that already. Councilmember Dwyer suggested that the City Attorney pursue a franchise between the PUD and the City along the same lines as the franchise between the PUD and Snohomish County. Coun- cilmember Hall said, at this point, the Community Services Director should begin.discussion EDMONDS CITY COUNCIL MINUTES Page 5 July 2, 1985 with the County and the PUD and the Attorney be brought in later in the proceedings. Mr. Snyder agreed, adding that there is a need for an indemnification clause. He suggested that a franchise similar to that recently negotiated by Mill Creek might be considered. Councilmember Dwyer said he is concerned about possible liability and is interested in getting the process started. Councilmember Jaech reported that the Administrative Services Committee had discussed the use of a Bond Financial Advisor and this will be on the Council agenda next week. Also dis- cussed was benefit cost containment and a decision was made that it would not.be appropri- ate for Councilmembers to be a part of the exploratory discussions since they will be decid- ing on the end result. Councilmember Wilson asked why a financial advisor would be neces- sary, since the bonds could be placed with a bond house. Councilmember Jaech explained that an advisor would give a broader picture of what is available in the bond market. Councilmember Jaech asked what had happened at the lift station at Lake Ballinger. Mr. Hahn said he had noticed the activity there, with crews from Mountlake Terrace, but had not had time to determine the cause. Councilmember Hall reported that the Community Services Committee had a round table discus- sion with PUD representatives, who had indicated that the PUD could do nearly anything desired if funding is provided: She said communication lines had been established with them and it is hoped to accomplish the same with GTE and cable TV. Councilmember Ostrom read a letter from residents of Ocean and Water Ave. regarding prob-. lems being experienced with parking, noise, alcohol, etc. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER DWYER, TO HOLD A PUBLIC HEARING ON AUGUST 20 ON THE PROBLEMS EXISTING ON OCEAN AND WATER AVE.THAT WERE MENTIONED IN THE LETTER. MOTION CARRIED. Councilmember Kasper commented that the memo from the City Attorney had clarified the Mayor's position regarding annual and sick leave. The meeting was recessed to Executive Session at 8:45 p.m. for discussion of labor negotia- tions and I egal advice, adjourning at 9:55 p.m. (,JACUOELINE G. PARRETT, City Clerk EDMONDS CITY COUNCIL MINUTES Page 6 July 2, 1985