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03/18/1986 City CouncilTHESE MINUTES SUBJECT TO AP.RIL 1, 1986 APPROVAL EDMONDS CITY COUNCIL MINUTES MARCH 18, 1986 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag sa- lute. PRESENT STAFF PRESENT Larry Naughten, Mayor Mary Lou Block, Planning Div. Mgr. John Nordquist Peter Hahn, Comm. Svcs. Director Steve Dwyer Steve Simpson, Parks & Rec. Mgr. Laura Hall Bob Alberts, City Engineer Jo -Anne Jaech Bobby Mills, Pub. Wks. Supt. Bill Kasper Pat LeMay, Personnel Director Lloyd Ostrom Art Housler, Admin. Svcs. Dir. Jack Wilson Jerry Hauth, Hydraulics Engineer Cindy Browne, Student Rep. Jack Weinz, Fire Chief Robin Hickok, Asst. Police Chief Chris Beckman, Engineering Coord. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder PRESENTATION AND OFFICIAL 14ELCOME BY MAYOR TO FOREIGN EXCHANGE STUDENTS Mayor Naughten requested the exchange students and their teacher, Gertrude Sauermost, to stand for the reading of the proclamation. He read the proclamation into the record, and Police Offi- cer Marty Speckmaier assisted with the reading of the students' names. Mayor Naughten presented Ms. Sauermost with a replica of the first ferry that was in service in Edmonds, the official proclamation, and copies of the proclamation for each of the students accompanied by a bumper sticker that says, "It's an Edmonds kind of Day". Ms. Sauermost expressed her appreciation. She said she was surprised that this week was proclaimed the welcome week for the German students because everyone has already been so kind and friendly. She and her students are happy to be in the United States and are having a wonderful time. Ms. Sauermost presented Filmore Sankey, President of Woodway high School, with an album of a popular German group called "Bap" and a book filled with photographs of Germany as a token of her appreciation. Mr. Sankey expressed his appreciation to Ms. Sauermost and, in particular, to Susanne Hall, who was tremendously instrumental in coordinating the sister school relationship. He also thanked the volunteer parents and students for their hospitality in hosting their German visitors, and Mayor Naughten and the City Council. Mayor Naughten recognized Susan Hall for the tremendous amount of effort and coordination she put forth in making the sister school relationship successful. He presented her with a replica of the first ferry in Edmonds as a token of appreciation. Ms. Hall said the warm welcome the City has extended to the students was very appreciated. She said some of the students patrolled with Police Officer Marty Speckmaier last night and answered a call of a burglary in progress, which was very exciting to them. She expressed her appreciation to the parents who extended their homes and hospitality to the students. She asked the home stay parents to stand. Mayor Naughten also expressed his appreciation. The meeting recessed at 7:12 p.m. and reconvened at 7:1.5 p.m. CONSENT AGENDA Items (G), (H), (I), (K), (L), (N), (0), and (R) were removed from the Consent Agenda. COUNCIL - MEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE BALANCE OF THE CONSENT AGEN- DA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (B) APPROVAL OF MINUTES OF MARCH 10, 1986 (C) ACKNOWLEDGEMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM JAMES E. TASCHE ($6,350.90+) (D) ADOPTED ORDINANCE 2552 DEFINING APPEAL PROCEDURES RELATING TO HEARING EXAMINER RECOMMENDATIONS ON LOCAL IMPROVEMENT DISTRICT FINAL ASSESSMENT ROLLS (E) ADOPTED RESOLUTION 638 SETTING HEARING DATE OF APRIL 24, 1986 FOR FINAL ASSESSMENT ROLL HEARING ON LID 212 BEFORE THE HEARING EXAMINER (F) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH JAMES DRISCOLL FOR HEARING EXAMINER SERVICES FOR LID 212 (J) ADOPTED ORDINANCE 2553 AMENDING GRADES OF CERTAIN CITY POSITIONS (M) APPROVAL OF FINAL PLAT FOR 6-LOT SUBDIVISION OF WILLOW CREEK LOCATED AT 211TH PL. S.W. AND 80TH AVE. W. (P-3-80/RON SNARE) (P) REPORT ON BIDS OPENED MARCH 11, 1986 FOR MINI -PASSENGER VAN AND AWARD TO ALLEY CHEVROLET ($12,534.74) (Q) ACCEPTANCE OF EASEMENT FROM JAMES AND BARBARA SOLIE REPORT ON BIDS OPENED FEBRUARY 25, 1986 FOR 1986 FUEL AND LUBRICATING OIL AND AWARD OF CONTRACT TO DAVIS INDUSTRIES 55,992 ITEM G ON THE CONSENT AGENDA Councilmember Nordquist expressed concern regarding the heating oil because, he said, the market is dropping and he did not wish to lock into a set price if a rate decrease should occur. Public Works Superintendent Bobby Mills said this issue was taken into consideration when the bids were solicited, and a percentage of margin was included in the bid price, which will decrease with the rates. If rates increase, the percentage of profit will remain the same. Councilmember Nord- quist inquired if that provision is included in the bid documents. Mr. Mills replied affirmative- ly. Councilmember Nordquist asked how often Davis Industries would provide new readings. Mr. Mills said they will provide the prices every time fuel is delivered. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE ITEM (G). MOTION CARRIED. PROPOSED ORDINANCE AMENDING PROVISIONS OF EDMONDS CITY CODE RELATING TO MASSAGE BUSINESS [ITEM H N THE COWNT AGENDA Councilmember Ostrom asked what the specific problems were that the local massage therapist in- quired about. City Attorney Scott Snyder said the City had inquiry from two very legitimate massage therapists in Edmonds because they felt singled out for review, as they had already been licensed by the State. In reviewing the ordinance and discussing the situation with Police Chief Prinz and the Public Safety Committee, Mr. Snyder said it was ascertained that: 1) the City was not following the regulatory structure in effect; 2) a number of the criteria the City was re- quired by Code to review were not constitutional; and 3) the criteria was redundant in view of the position taken by the City. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEM (H), ADOPTING ORDINANCE 2554. MOTION CARRIED. APPROVAL OF PROPOSED RATE INCREASE BY SOUND DISPOSAL, INC. FOR GARBAGE COLLECTION Councilmember Jaech said she felt a public hearing should first be posted and held before a rate increase is approved. Councilmember Nordquist asked City Attorney Scott Snyder if a hearing would be held for the sole purpose of receiving public input and to approve the rate increase. Mr. Snyder said the Washington Utilities and Transportation Commission has already held a hear- ing. There is a State statute governing garbage utilities which specifies that city councils have the right to approve or disapprove rates. However, he said City Clerk Jackie Parrett point- ed out that the statute is far older than the rate review procedure. Mr. Snyder noted if the statute was reviewed, the authority of the City to disapprove a properly heard rate would be questionable. Regardless, the City has the right to hear and approve the rate. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO HOLD A HEARING ON APRIL 1, 1986 TO DISCUSS THE RATE INCREASE. MOTION CARRIED. PROPOSED ORDINANCE ESTABLISHING PARKING RESTRICTIONS ON OCEAN AVE. ITEM (K) ON THE CONSENT AGEND Councilmember Jaech said she was not in agreement with this decision and did not feel she could vote in favor of passing the ordinance. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE ITEM (K), ADOPTING ORDINANCE 2555. MOTION CARRIED, WITH COUNCILMEMBER JAECH AND COUNCILMEMBER OSTROM OPPOSED. EDMONDS CITY COUNCIL MINUTES Page 2 MARCH 18, 1986 PROPOSED ORDINANCE RELATING TO REAPPOINTMENT OF BOARD AND COMMISSION MEMBERS WHO HAVE NOT MAINTAINED AT ND NCE ITEM L ON THE CONSENT AaENDA Councilmember Hall asked Mayor Naughten what his rationale was regarding the modifications to the ordinance relating to Board and Commission appointees. Mayor Naughten said he felt a vacation should be an allowable excuse because it is a volunteer board oftentimes served by retired per- sons, and vacations are common. He said the Planning Board is comprised of seven members with an alternate so getting a quorum poses no problem. Also, the City Council is often excused due to vacations, which is acceptable. Mayor Naughten said he felt ti►e situation would be more equita- ble if vacations were excusable absences for the Board. Councilmember Wilson inquired at what point it would pose a problem if vacations became repeti- tive. Mayor Naughten said if vacations become a pattern or if it appeared that a member was abusing the situation, they would be confronted. Councilmember Jaech said an absence doesn't necessarily have to be automatically excused, as Councilmembers vote whether or not to excuse an absence. Councilmember Wilson inquired if the Planning Board has the same parameters that the Council has to excuse individual members. Mayor Naughten said they may excuse for illness or business. City Attorney Scott Snyder noted that the current provision is more restrictive than the State statute that deals with the Council. The ordinance before the Council at the present time would render it less restrictive, but there are no parameters for excuses of absenct mem- bers. Councilmember Dwyer stated that the Council's ability to excuse one another is defined by statute because of their elective position. There is no statutory requirement for volunteer boards so they are at the Council's discretion. Councilmember Hall recommended that Board mem- bers notify the Chair prior to an absence. Councilmember Ostrom said lie favored an excused ab- sence due to a vacation but did not favor waiving the one-year requirement before reappointment. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE AMENDMENT TO, SECTION 1.05.010B. MOTION CARRIED. Councilmember Dwyer disagreed with an ordinance bar to reappointment. He said the situation could be remedied either by: 1) non -reappointment by the Mayor, or; 2) non -confirmation by the Council. Councilmember Hall suggested a stipulation be implemented in the directive to the Mayor to state that a one-year waiting period is preferable. Councilmember Ostrom said he preferred that the ordinance remain as it is. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO AMEND SECTION 1.05.030 AS SET FORTH ON PAGE 2 OF THE PROPOSED ORDINANCE. A ROLL CALL VOTE WAS TAKEN. THE MOTION FAILED WITH COUNCILMEMBER DWYER, COUNCILMEMBER HALL, AND COUNCILMEMBER KASPER IN FAVOR; COUNCILMEMBER JAECH, COUNCILMEMBER NORDQUIST, COUNCILMEMBER OSTROM, AND COUNCILMEMBER WILSON OPPOSED. The revised ordinance will appear on the April 1 agenda. PROPOSED ORDINANCE ADOPTING STATE ENERGY CODE [ITEM (N) ON THE CONSENT AGENDA] Councilmember Jaech said it was difficult for Councilmembers to peruse the large document provid- ed to them over the weekend and make a determination in that short period of time. She recommend- ed that Staff, in the future, highlight material which they feel is significant. Mayor Naughten recommended that this item be scheduled for a fifteen -minute presentation by Staff. Councilmem- ber Kasper inquired why this issue was not presented to the Council earlier. City Attorney Scott Snyder said the ordinance was just recently received. He said agencies are required to adopt the ordinance by April 1, and any amendments made by Council have to be reviewed by the State Build- ing Code authority and individually approved. Mr. Snyder suggested, since the Council is mandat- ed to pass and enforce the ordinance by April 1, to pass the ordinance and forward it for further review. Councilmember Nordquist noted that information in an AWC memorandum states that the Council is not required to adopt the insulation requirements of the ordinance because of an unnec- essary and excessive cost to a building. He said he was not prepared to accept the ordinance until he received AWC clarification on this section. Councilmember Kasper said he has not had an opportunity to review the information provided by Staff. Mayor Naughten stated that this ordi- nance will impact every community because the State will not provide funds for inspection purpos- es. Councilmember Kasper said the ordinance does not define specific areas and felt there are particular areas which could be reduced. Mayor Naughten inquired if the City had discretion. Mr. Snyder said any changes that relate to single-family homes have to be specifically approved by the State Building Code. Councilmember Hall recommended that the Council participate more actively in AWC conferences, as this was an issue discussed at one of ti►e meetings. Community Services Director Peter Hahn said originally the new standards proposed by the BPA through the Northwest Planning Council were very stringent, and people were very aware of the cost implications and concerned with affordable housing and environmental hazards. AWC presented the standards to the State legislature, and a compromise energy code surfaced, which is the one which will be effective April 1. Mr. Hahn said he was unaware of the AWC memorandum but would research it. He noted that a Council meeting is scheduled for April 1 and inquired if passing the ordinance then would pose a problem. Mr. Snyder said a week or two would not place the City in any insurmountable difficulty because if the Council were to adopt the Code, it would take EDMONDS CITY COUNCIL MINUTES Page 3 MARCH 18, 1986 because if the Council were to adopt the Code, it would take sixty to ninety days for the amend- ments to be reviewed. COUNCILMEMBER NOROQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO REMOVETHIS ITEM FROM THE AGENDA AND PLACE IT ON THE COMMITTEE MEETING AGENDA OF COMMUNITY SERVIC- ES ON MARCH 25, 1986. MOTION CARRIED. a11THnRT7AT10N FOR MAYOR TO SIGN AGREEMENT WITH EVERETT COMMUNITY COLLEGE FOR POLICE INTERN Councilmember Jaech said although she was in favor of the program, she was concerned about pres- sure from Staff to replace a student with a permanent employee if he/she is no longer available. Assistant Police Chief Robin Hickok said he did not think that situation would arise because the Police Department has had a student intern program in effect for twelve years with Shoreline Communit College, Everett Community College and Washington State University, and this program is basically a continuation. He said it will allow students to perform a variety of tasks which, in the past, were hired out at $6 to $7 an hour. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEM- BER NOROQUIST, TO APPROVE ITEM (0). MOTION CARRIED. AUTHORIZATION FOR MAYOR TO SIGN LEASE AGREEMENT FOR NEW PATROL CAR TO REPLACE UNIT 818 ($16,800) ITEM R N THE C NSENT AGENDA Councilmember Kasper inquired about the cost increase of $300 per car oil the monthly lease. Assistant Police Chief Robin Hickok said the cost increase was attributable to the lease of all equipment on the cars. Councilmember Kasper noted that the full-size Impalas will incur an addi- tional cost for mileage, et cetera. Mr. Hickok said Administrative Services conducted some stud- ies and determined that the lease agreement is a more feasible arrangement for the City. He said cars in other police departments that are not leased sit in back lots for quite a while before they are sold, and at a lower price. Councilmember Wilson commented that the Impalas are more comfortable than smaller cars, particularly given the long period of time that police officers spend in their cars. Councilmember Kasper said that there is no evidence that the Department has considered any other car other than the Impalas. Mr. Hickok said the Department considered Ford cars, but the lease agreement on Impalas was better. tie added that the Impalas are more comfort- able cars than the Fords, and the maintenance costs less. Councilmember Jaech suggested that fleet reports be attached to requests for vehicle replacement in the future. COUNCILMEMBER WIL- SON MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE ITEM (R). MOTION CARRIED, WITH COUNCIL - MEMBER KASPER OPPOSED. City Attorney Scott Snyder noted, for the record, that Item (H), which was passed, is Ordinance 2554; Item (J), which passed, is Ordinance 2553; and Item (K) is Ordinance 2555. Councilmember Hall raised a point of order and called an executive session following Item N10 on the agenda to discuss the following issues: 1) personnel, 2) legal, and 3) property. AUDIENCE Mayor Naughten inquired if there was any audience input. No one wished to speak so Mayor Naught - en closed the audience portion of the meeting. HEARING ON HEARING EXAMINER RECOMMENDATION FOR PROPOSED 11-LOT SUBDIVISION AT THE NORTHERN TERMINUS Of THE DEVELOPED RIGHT-OF=WAY OF PIONEER WAY IN SHELL VALLEY P-6-85/DAV D LAWN) Planning Division Manager Mary Lou Block gave background information. She said the area is zoned RS-8, is a hilly, undeveloped topography with a variety of vegetation and significant trees. Access to the proposed subdivision would be via Pioneer Way. There are adequate pads on each lot for development of a single-family dwelling. Ms. Block read the Hearing Examiner's recommenda- tion for approval of a preliminary plat into the record. She reviewed the plat and a vicinity map on the overhead projector. Councilmember Kasper inquired what the estimated trip increase was, which was attributable to the development of the plat. Ms. Block replied between seventy and one hundred and ten trips per day. Councilmember Kasper inquired if a traffic count was conducted for Shell Valley. Ms. Block said she did not believe so. Community Services Director Peter Hahn said there are sixty-nine developed lots, but a traffic count has not been conducted. Councilmember Ostrom referred to Findings of Fact, N16-6 which states, "All building pads should be located as close to Pioneer Way as possible He inquired what would happen if a plat did not comply with this provision. Ms. Block said if a plat was not being developed according to that provision, the builder would be requested to comply. Mayor Naughten opened the public portion of the hearing. EDMONDS CITY COUNCIL MINUTES Page 4 MARCH 18, 1986 Dave Larson, the applicant, said he read the Hearing Examiner's report and Engineering require- ments and has no objections. Robert Stevenson, Reid -Middleton & Associates, 121 5th Ave. N., representing the developer, Mr. Larson T Mr. Gradwohl, said he would be happy to answer any technical questions regarding the proposed development. No questions were asked. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE HEARING EXAMINER'S RECOMMENDATION FOR PROPOSED 11-LOT SUBDIVISION AT THE NORTHERN TERMINUS OF THE DEVELOPED RIGHT-OF- WAY OF PIONEER WAY IN SHELL VALLEY (P-6-85/DAVID LARSON). MOTION CARRIED. HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PROPOSED AMENDMENTS TO SECTIONS 16.30.030 AND 16.30.0 0 OF COMMUNITY DEVELOPMENT CODE REGARDING SITE DEVELOPMENT STANDARDS AND EXCEP Community Services Director Peter Hahn displayed the applicable sections of the Edmonds Community Development Code on the overhead projector. Planning Division Manager Mary Lou Block gave back- ground information. She said, currently, single-family setbacks on lots of 10,000 square feet or less are allowed only in an RM-3 zone. The proposed amendment would allow RS setbacks for single- family homes on lots less than 10,000 square feet in an RM zone. She read the Planning Board's Recommendation, Amendment #2 and #3 into the record, stating that these provisions are consistent with the Code but were not included under RM zones and have caused misunderstanding and confusion to a lot of people. Ms. Block displayed transparencies which illustrated a lot development according to the existing Code and a lot development according to the proposed amendments. Mr. Hahn said the existing Code reduces the buildable lot size of a corner lot by 20% and reduces the number of parking spaces. The proposed amendment would not reduce the lot size as much and would allow a consistent pattern of a 10 foot front setback and a 10 foot side setback. He said the impact of changing a corner lot from a 15 foot setback to a ten foot setback will result in a 5,175 square foot buildable area as opposed to 4,400 square feet, and would be more consistent with surrounding lots (5,500 square feet). Councilmember Dwyer inquired why duplexes were included in proposed Amendment #1. Ms. Block said duplexes, in many jurisdictions, are allowed in single-family zones as a single-family dwelling. City Attorney Scott Snyder said he attended the Planning Board meeting on December 11, 1985, and he understood the discussion to incorporate consistency between RS and RM zones. Councilmember Dwyer inquired if duplexes are treated differently than triplexes. Ms. Block replied affirmative- ly. Mayor Naughten opened the public portion of the hearing. Since no public input was forthcoming, Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO ADOPT THE PLANNING BOARD RECOMMEN- DATION AMENDMENT #1 DELETING THE WORDS "AND DUPLEXES". MOTION CARRIED. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ADOPT PLANNING BOARD RECOMMENDA- TION AMENDMENT #2 IN ITS ENTIRETY. Councilmember Jaech said she would vote against the motion because it will increase the bulk of a building in an RM zone. Councilmember Dwyer inquired if the amendment would be acceptable to her if the first sentence of the proposal were eliminated. Councilmember Jaech said she did not see why porches, patios, and decks should be allowed to project into a required setback in an RM zone. Councilmember Kasper said the encroachments would improve the livability and design of a unit. Councilmember Ostrom noted that this amendment would really be approving a larger building. Councilmember Jaech said these additions are al- ready allowed but within the building pad. She said she objected to changing the building pad in an RM zone. MOTION CARRIED, WITH COUNCILMEMBER JAECH AND COUNCILMEMBER OSTROM OPPOSED. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ADOPT PLANNING BOARD RECOMMENDA- TION AMENDMENT #3. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED, WITH COUNCILMEMBER DWYER, COUN- CILMEMBER JAECH, AND COUNCILMEMBER OSTROM OPPOSED, COUNCIL DETERMINATION REGARDING OPTIONS ON CLOSURE OF 7TH AVE. S. NORTH OF BIRCH ST. (FROM DECEMBER 17 Community Services Director Peter Hahn gave background information. He said the purpose of a yellow line is to convey no passing and to, separate the two opposing travel lanes. However, EDMONDS CITY COUNCIL MINUTES Page 5 MARCH 18, 1986 there has been a perception by residents that the speed has increased on 7th Avenue since the solid yellow line was installed. City Engineer Bob Alberts showed a video tape of 7th Avenue. He reviewed a vicinity map of 7th Avenue and Elm and solutions to traffic and safety issues. Councilmember Jaech inquired about the width of Birch Street. Mr. Alberts said it was 32 feet wide. Councilmember Jaech inquired if the number "50" on the vicinity map in the cul-de-sac reflected the street width. Mr. Alberts said that was the right-of-way width. Councilmember Jaech noted that the rights -of -way appear twice as wide as the lane on 7th Avenue South. Mr. Alberts said when the right-of-way is extended south from Elm, the tire road width will measure 22 feet curb to curb. Councilmember Ostrom inquired if Staff discussed the proposals with the Citizen Committee. Mr. Alberts replied negatively. Mr. Hahn said because the second committee meeting evolved into an unplanned public hearing, the proposals were not discussed because no one was interested in pursu- ing them. Councilmember Ostrom stated, in his opinion, the proposals would not satisfy the con- cerns of the residents. He said when the Council considers local problems, the number one consid- eration should be to the residents. He said signs do not solve the speeding problem. Mr. Hahn said that a parking lane will not solve the speeding problem. One of the preferred solutions, he said, other than closing 7th Avenue, is to install a formalized third lane of parking, but that would be inconsistent with the Code. Mr. Hahn said if the Council wished to expend money to provide another lane of parking, that would be fine. However, that will not address the speeding problem. The Citizen Committee commented that Edmonds is a City of hills, and a third lane will still have two lanes of traffic, which may or may not resolve the speeding problem; the traffic count showed that 7th Avenue is very typical residential traffic. Councilmember Jaech said she strongly objected to using the traffic count as a viable source because the street was closed and was advertised as closed. The only reason the street was reopened was because the motion that closed it expired when the Council meeting was cancelled due to a snow storm and a number of people who had been using the street were unaware that it had been opened. She said it is also her understanding that although the barricades have been removed, the "street closed" signs are still up. Mr. Hahn said at least one resident said the traffic count was typical. Councilmember Jaech said the City erred when the street was not widened in accordance with other streets when the building on the west side was constructed. She said to tell people on 7th Avenue that they cannot have parking when everyone else does is a "slap in the face". The street needs to be widened, which means acquire the right-of-way, straighten the "line", and remove the sidewalk so parking is allowed. Councilmember Kasper inquired about the street width of the right-of-way at the corner of Elm Street. Mr. Hahn said the right-of-way is 55 feet, not the paved surface. Councilmember Kasper inquired about the width of the street at the corner at Elm Street and 7th Avenue. Mr. Alberts said it was 55 feet wide. Councilmember Kasper inquired about the width of the Elm Place subdivi- sion where the sidewalk is. Mr. Alberts replied 55 feet. Councilmember Kasper pointed out.that the street was on the master plan but was reduced to 22 feet. He inquired if the street width was modified in the subdivision of a plat and not in a separate action. Ms. Block said street width is not shown on the Comprehensive Street Plan. The Plan only shows right-of-way width. Councilmember Kasper asked what the width of the right-of-way is on the Comprehensive Street Plan. Mr. Hahn said it is presumably 55 feet. Councilmember Kasper noted that streets were installed in reduced right-of-ways without measuring first the impact to the neighborhood. He said a 22 foot road is designed for residential streets; however, 7th Avenue is a through street. He concurred with Councilmember Jaech's statement that it should be corrected. Councilmember Hall said when the development was approved, an unpaved area was planned to provide available parking. The unplanned sidewalk decreased the workability and access of the develop- ment. Mr. Alberts said Staff analyzed 7th. Avenue from the standpoint that there has been no accident history, and Staff did not w.itness any transient traffic when recording the area. If the street is closed, it will interrupt emergency vehicle access, the postal service and garbage service. Mr. Hahn added that from Staff's point of view, widening the road is preferable to a closure. He noted that Councilmembers also received a petition from Birch Street residents. Councilmember Jaech inquired about the cost to widen the street. Mr. Alberts estimated it would cost between $5,000 to $6,000 to remove the existing sidewalk on the west side, relocate the curb and gutter and storm drain system on the west side, and install a paved lane. If this is contin- ued down to Birch, it will cost an additional $5,000. Councilmember Kasper inquired about taking the. sidewalk out on the west side to provide EDMONDS CITY COUNCIL MINUTES Page 6 MARCH 18, 1986 parking. Mr. Hahn said it would involve more than simply removing the sidewalk because the lane would require 8 feet, and the sidewalk is approximately 5 feet; grading and gravelling would need to be done. Mr. Alberts said that that would be a viable parking solution. Councilmember Jaech recommended parking on the east side to allow for an additional 4 to 5 feet for better visibility to the houses on the crest of the hill; this would force cars away from the houses that are travelling through. Mr. Alberts said that would impact the home on the southwest corner of Elm because it would produce a jog in the road. Mr. Hahn said there would not be enough width to provide an 8 foot parking lane on the east side and 2 travel lanes 11 feet wide; that is why parking was recommended on the west side. Councilmember Wilson noted that parking on the east side may not be an issue to lots 700 and 701 because they have parking on Elm Place and Elm Street. Mr. Alberts concurred. Councilmember Wilson inquired if a jog would still remain if parking were not allowed on Elm Street. Mr. Al- berts said the jog would not be there if parking was installed on the west side. But if parking was installed on the east side, cars would have to jog the road. Mr. Hahn said an engineering problem would be created if the travel lanes were moved over to the west side and suddenly switched to the east side on Elm. Mr. Alberts noted that the original jog could be relocated from the south end of the block to the north. Councilmember Wilson suggested that parking not be allowed at the north end but allowed on the east side south of Elm Place West only and two travel lanes moved to the west side. Mr. Hahn said there is a difference between an unimproved gravel shoulder and fully -paved lane because portions of an unimproved shoulder drop off abruptly. And if a travel lane were comptemplated, a "shy distance" would be necessary but would add to the construction project and cost. Councilmember Wilson said this issue has been before the Council since the time he was first elected. People .were assured at that time that improvements would be made, which has not happened. He said he felt it was the Council's responsibility to remedy the situation, even if a cost is incurred. Councilmember Hall read a letter into the record from the Citizens Committee of 7th Avenue, 6th P1. South and Birch Street signed by Joyce Kasper. She inquired if this solution was the consen- sus of the Committee. Mr. Hahn said the Committee was comprised of five members who resided on Birch Street and two members who resided on 7th. Councilmember Hall recommended that more citi- zen input be gathered and brought back before the Council before a decision is reached. Mr. Alberts said the issue of whether the street should remain closed or be opened has to be decided. Councilmember Hall said she believed the street should be opened, but it is not a safe street and should be analyzed. Mr. Hahn said if parking is an issue, a third lane will solve the problem. However, if speeding is an issue, a third lane alone will not address the problem. Councilmember Ostrom said he agreed with Councilmember Hall that more information is necessary, but suggested that a public hearing be scheduled. He said if Council is not presented with a solution, the street should remain closed. Councilmember Kasper recommended, if parking is de- sired, removing the sidewalk past. Elm Place. Mayor.Naughten said he agreed with Councilmember Ostrom that this issue should be decided after a public hearing so people have an opportunity to speak. Councilmember Ostrom read a petition into the record which requested that 7th Avenue South remain closed with a barricade at the present location. He recommended that this request be complied with until a solution is presented. Councilmember Hall noted that petitions were also submitted conveying the opposite position. She said, however, the issue that is before the Council is opening or closing 7th Avenue. She scheduled a hearing for April 15th, 1986 to further discuss this issue, with Council concurrence. Council requested Staff to provide them with information regarding: 1) proposal which addresses the concerns of residents on 7th Avenue; 2) the cost of removing the sidewalk and installation of parking on the west side; 3) the cost to install park- ing on the east side and pave the streets; 4) proposals for opening and closing the street; and 5) funding source. Councilmember Dwyer said the present situation on 7th Avenue is a fluke, and it is wrong to leave the street open without a vote to open or close it. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO DISCUSS THIS ISSUE AT A HEARING SCHEDULED ON APRIL 15, 1986. MOTION CARRIED. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEM- BER OSTROM, TO CLOSE 7TH AVENUE SOUTH 1N THE MANNER IT WAS CLOSED BEFORE UNTIL THE COUNCIL VOTES ON A PROPOSAL. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED, WITH COUNCILMEMBER HALL, COUNCILMEM- BER NORDQUIST, AND COUNCILMEMBER WILSON OPPOSED. The meeting recessed at 9:25 p.m. and reconvened at 9:30 p.m. EDMONDS CITY COUNCIL MINUTES Page 7 MARCH 18, 1986 PRESENTATION AND COUNCIL REVIEW OF MEADOWDALE PLAYFIELD DEVELOPMENT Parks and Recreation manager Steve Simpson Gave background information. He said the project is more than an athletic complex; it is also a neighborhood park. and includes nonspecific play areas and a pond. He showed a video tape of the site. He said the layout of the park is a "dog - boned" shape, and the major design element is curved linear ,rather than straight lines, which depict more of a neighborhood park versus a formal athletic complex. lie said Staff analyzed the maintenance agreement and found it to be deficient and incomplete. Public Works is in the pro- cess of reviewing it, and it will be discussed with the .City of Lynnwood within the next two weeks. Councilmember Kasper inquired if funding problems were anticipated. Mr. Simpson replied negative- ly. Mayor Naughten urged Councilmembers to visit the site. Mayor Naughten inquired when games would be scheduled. Mr. Simpson said the first fields will be opened for use in the late summer or fall of this year. Staff's only concern was to not allow people on the site until the con- struction equipment is removed. COUNCIL APPROVAL OF ADJUSTMENT OF NONREPRESENTED EMPLOYEES' SALARIES AND SALARY RANGES Personnel Director Pat LeMay gave background information. He reiterated information in a memoran- dum addressed to Councilmembers on January 2, 1986. Mr. LeMay read into the record a representa- tive list of an across-the-board increase to nonrepresented employees from other cities compara- ble to Edmonds as follows: Lynnwood, 3% increase in January 1986; Olympia, 3% increase in Janu- ary 1986; Redmond 3.5% increase; Auburn, 2%; Kent, 3%; Mercer Island, 2.5%; Mountlake Terrace, 3%; Renton, 3%. He said in every case a cost of living increase was granted and at the same time the salary ranges were adjusted . Mr. LeMay strongly urged the Council to approve a 3% cost of living increase for all nonrepresented employees and to adjust the salary ranges for all nonrepresented positions by 3%; make such action effective January 1, 1986; and to direct the City Attorney to draft the salary ordinance to accomplish this. Councilmember Wilson inquired if the other cities also granted step increases. Mr. LeMay said they gave across-the_board increases and at the same time adjusted the salary ranges so everyone could get the increase. Councilmember Kasper inquired if the other cities had a merit program. Mr. LeMay said the City of Lynnwood has a modified merit program but he was not sure about the other cities. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE A 3% COST OF LIVING INCREASE FOR ALL NONREPRESENTED EMPLOYEES AND ADJUST THE SALARY RANGES FOR ALL NONREPRESENTED EMPLOYEES BY 3% EFFECTIVE JANUARY 1, 1986, AND DIRECT THE CITY ATTORNEY TO DRAFT THE SALARY ORDI- NANCE TO ACCOMPLISH THIS. Councilmember Nordquist said he has heard Mr. LeMay make this presentation on three different occasions; that he is obviously involved in the increase and is gaining in the benefit as well as other nonrepresented employees. He suggested that more incentive be directed into jobs because the merit program was unsuccessful. Councilmember Hall said she agreed with Councilmember Nord- quist. She inquired if Mayor Naughten recommended Mr. LeMay's recommendation. Mayor Naughten replied affirmatively. Councilmember Wilson said some action was in order. However, the raise consists of 6% or more in an economy that is far from going up 6%. He said if the City could afford such a raise, that was fine, but adjustments may be forthcoming. Mayor Naughten inquired if Councilmember Wilson was referring to the merit program. Councilmember Wilson asked how automatic the merit program was. Mayor Naughten said it was administered on an employee's anniversary date. Councilmember Kasper queried what the total increase for salary and benefits was in 1984 and 1985. He said City employees were well paid compared to other city employees. He said he was not willing to vote in favor of the recommendation. Mayor Naughten said the salary of City em- ployees, compared to other cities, was neither High nor low, but, as a whole, ranged in between. Councilmember Hall recommended this issue should be anticipated each year prior to negotiations and Staff notified that negotiations will begin next year on a zero -raise basis. MOTION CARRIED, WITH COUNCILMEMBER JAECH AND COUNCILMEMBER KASPER OPPOSED. Councilmember Jaech said she was not in favor of the ranges. She said she would vote against a cost -of -living in- crease next year but in favor of the merit program. She said the City cannot afford to pay 65% of their budget for salaries. Councilmember Hall noted that the County pays 75% of their budget for salaries. EDMONDS CITY COUNCIL MINUTES Page 8 MARCH 18, 1986 Mr. LeMay responded to a comment by Councilmember Nordquist saying he was not "topped out", but two of the management team members and eight other people were or were close to being "topped out". He said Council should be consistent and not burden nonrepresented Staff and exclude repre- sented Staff. MAYOR Mayor Naughten noted that Jeremiah Long, attorney for the Dorchester Condominium, sent a letter to the Council requesting reconsideration of the Dorchester decision. City Attorney Scott Snyder said City ordinances clearly provide on appeal to the Council that the applicant and owner of the property receive notice. Mr. Snyder said he checked with Susan Painter of the Planning Depart- ment and owners as of the date of appeal did not receive notice. The Planning Department fol- lowed normal procedures, but it is unusual to have an applicant at that stage who is no longer the owner of the property. The Tenants' Association, which owns the common areas that would be affected by the parking, were not notified by mail either. He suggested that the Council make a motion to reconsider and set another hearing. Councilmember Jaech inquired if the attorney for the Association was present at the hearing. Mr. Snyder replied negatively. He said an attorney representing Mr. Bedall was present. He added that the notice that was given does not comply with the ordinance, and any one of the seventeen people who did not receive notice could appeal to Superior Court. If it is appealed, he said it is likely that it will be remanded to the Council after some expense. Council President Hall requested the consensus of the Council. Councilmember Dwyer said the Council does not have a choice if it has a requirement in the Code which was not complied with. Council President Wall set a hearing date on this issue for April 15th. Mayor Naughten announced that Snohomish County has scheduled a meeting of the Association of Washington Cities and Towns on April 3, 1986 at Weller's Chalet in Arlington. COUNCIL Councilmember Jaech recommended that the Planning Board present their reasons for their decision regarding the disposition of Hutt Park at the joint meeting, and that public input be allowed. Council President Hall noted that a meeting has not been scheduled with the entire Planning Board. She suggested that since the minutes were available ,that the meeting take place. Mayor Naughten recommended to schedule the meeting on April 15. MAYOR NAUGHTEN ADJOURNED THE MEETING AT 10:05 p.m. COUNCILME14BER DWYER MOVED, SECONDED BY COUN- CILMEMBER NORDQUIST, TO EXTEND THE MEETING TO 10:15 p.m. MOTION CARRIED. Councilmember Ostrom recommended ttiat a hearing be 'scheduled to discuss the Hutt Park issue. Councilmember Kasper inquired if the Planning Board minutes were in general circulation yet. Community Services Director Peter Hahn replied negatively. Council President Hall scheduled a public hearing on April 15, Councilmember Jaech said she requested the Council Assistant to gather ordinances for her because Colorado and Oregon passed laws restricting and enforcing the type of inserts for fireplaces and woodburning stoves. She requested that the Council pursue implementation of a similar law as soon as possible. City Attorney Scott Snyder said he would be happy to gather that information for the Committee and present it with the Energy Code. Council President Hall inquired about the swimming pool project at Yost Park. Mr. Alberts said the project is continuing, but a problem has been encountered with the structure that is on top of the swimming pool and cost overruns are anticipated. Council President'Hall announced that a meeting has been scheduled on March 31 with the Mountlake Terrace City Council to discuss the shooting of water fowl on Lake Ballinger. Councilmember Dwyer requested that notices be sent regarding the. Dorchester hearing to anybody that appeared and spoke. Councilmember Dwyer inquired if any response has been received from the legislature regarding the Council's request which would enable them, rather than the Mayor, to have employment authority over the Council Assistant as a City employee. Council President Hall replied negatively. The meeting recessed to Executive Session at 10:12 p.m. to discuss personnel, legal and property matters not to exceed Ahirty minutes. r K EDMONDS CITY COUNCIL MINUTES Page 9 MARCH 18, 1986 L