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01/20/1987 City CouncilTHESE MINUTES SUBJECT TO FEBRUARY 3, 1987 APPROVAL EDMONDS CITY COUNCIL MINUTES JANUARY 20, 1987 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. Laura Hall, Council.Pres. Peter Hahn, Comm. Svc. Director Steve Dwyer Jim Barnes, Park & Rec. Div. Mgr. Jo -Anne Jaech Jack Weinz, Fire Chief Bill Kasper Bobby 11ills, Public Wks. Supt.. John Nordquist Dan Prinz, Police Chief Lloyd Ostrom Scott Snyder, City Attorney Jack Wilson Jackie Parrett, City Clerk Tony Russell, Student Rep. Margaret Richards, Recorder CONSENT AGENDA Items (0), (E), (F), and (H) were removed from the Consent Agenda. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE BALANCE OF THE_CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (B) APPROVAL OF MINUTES OF JANUARY 13, 1987 (C) ADOPTED RESOLUTION 653 COMMENDING STUDENT REPRESENTATIVE TOM PETERSON (G) RECOMMENDATION FOR APPROVAL OF TAXICAB LICENSE RENEWAL OF YELLOW/PLAZA CAB FOR 1987 (1) ACCEPTANCE OF QUITCLAIM DEED FROM AGNES R. JOHNSON, STEPHEN V. JOHNSON, AND NANCY R. JOHNSON FOR STREET RIGHT-OF-WAY AT 6925 - 176TH ST. S.W. (J) ACKNOWLEDGMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM CARRIE A. SCHLADETZKY ($133.78) (K) AUTHORIZATION FOR BELL -WALKER ENGINEERS TO PROCEED WITH COLLEGE PLACE TRAFFIC STUDY ($6,400) (L) SET FEBRUARY 3, 1987 FOR HEARING ON APPEAL OF ADB DECISION REGARDING PROPOSED DEVELOPMENT AT 8339 - 212.TI-I ST. S.W. (AUB-50-86/APPELLANTS: MR. AND MRS. CLYDE M. CLARK) AUTHORIZATION FOR MAYOR 10 SIGN APPENDIX B (OPERATION AND MAINT.:NANCE RESPONSIBILITIES FOR 1987) TO MEAD.OWDIILE PLAYFIELD AGREEMENT ON THE CONSENT AGLNDAJ Councilmember Hall expressed concern regarding the agreement. S>le referred to a memorandum dated December 15, 1986 from Parks & Recreation Division Manager Jill Barnes stating that no savings would be realized, as was previously alluded to. She also expressed concern that phases IV and V .may not be completed with revenue available. Mr. Barnes said the memorandum made reference to the fact that there was a recognized shortfall of $.450,000 in the original agreement which might be made up from either grants or lower construction costs. Mr. Barnes said it has not been determined if the $60.0,000 will be sufficient to complete all of the play fields. He said it is not clear if the lighting for all of the play fields will be installed. Councilmember Hall in- quired when phases IV and V will be completed and if the additional monies will be payable at that time. Mr. Barnes said the City is not obligated to expend more than $600,000 but may choose to enter into an agreement whereby the lighting for the remaining fields will be installed at some time in the future. Councilmember Hall inquired if additicnal monies to fund the play field will be addressed in the 1988 budget. Mr. Barnes replied negatively. Community Services Direc- tor Peter Hahn noted that funding for maintenance and operation will be addressed in the 1988 budget. Councilmember Wilson inquired if the City has realized the cost savings from the accelerated payments. Mr. Barnes said when the original bids were received, they were higher than what the architect anticipated. Because the two sections and payments were combined, the costs were low- ered to the original estimates. He said phase III is currently out to bid, and it is estimated that the bids will be in the amount anticipated. Councilmember Kasper inquired how the structuring of the maintenance and operation costs were authorized. He noted that that issue was never before the Council. Mr. Hahn said the issue was presented to the Council in the 1987 budget. Councilmember Kasper requested that a detailed report be submitted to the Council. Councilmember Jaech requested that the Council be provided with a report identifying operational expenses as well as the extent of participation from Snohomish County and the School District. She noted that the Council was not informed, to her knowledge, that there was a shortfall in revenues. She requested that additional information be provided to the Council before it ap- proves that item. Councilmember Kasper said he did not recall that the School District was exempt from participa- tion for maintenance. Mayor Naughten said that the contract included that provision. He suggest- ed that the Council examine the original agreements. Councilmember Ostrom expressed disappointment because he said the City entered into the contracts on the premise that it would realize a substantial savings if it accelerated payments. He recom- mended that the issue be placed on a work session agenda. Councilmember Hall cited a section of the December 17, 1985 Council minutes as follows: "Council - member Jaech inquired what amount of money the City of Edmonds is required to commit for phase II. Mr. Evans replied $106,000. Mr. Simpson said the City of Edmonds is requested to commit an additional $106,000 in 1986 which would accelerate the project ahead one year. He said there was a sufficient unexpended balance in Fund 125 to fund that. Administrative Services Director Art Housler stated the City of Edmonds would realize a savings of $74,000 by accelerating the project. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE EXPENDING $226,000 IN THE 1986 BUDGET FOR THE MEADOWDALE PLAYFIELD PROJECT FROM FUND 125. MOTION CARRIED WITH COUNCILMEMBER OSTROM OPPOSED". Mr. Hahn clarified that the City has not expended monies in addition to what was already antici- pated. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, 10 SCHEDULE THE ISSUE FOR FURTHER DISCUSSION ON FEBRUARY 10, 1.987. MOTION CARRIED. ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF HEARING EXAMINER DECISION REGARDING ISSUANCE OF BUILDING PERMIT AT 15810 - 15TH PL. W. (GIL THIRY, OWNER Mr. Snyder said Kimberlee McDonald, attorney representing Mr. Thiry, had a number of objec- tions to the Findings as drafted for the Council's review. Ile suggested that the matter be sched- uled on the February 3, 1987 agenda and allow him to review the Findings to reflect those objec- tions. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER KASPER, TO SCHEDULE ITEM (E) ON THE FEBRU- ARY 3, 1987 AGENDA. MOTION CARRIED. ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF HEARING EXAMINER Utc1SIUN RtbARu1NG CUNU111UNAL USE PERMIT REQUEST TO EXTEND NONCONFORMING COMMERCIAL USE AT 8413 196TH ST. S.W. CU-20-86/APPELLANT: GORDON VAN MERE ITEM­(­F)—ON THE CONSENT AGENDA Councilmember Nordquist expressed concern that the conditions, as enumerated in the Findings, will not be reflected in the minutes next week if the Findings are adopted. lie recommended that the Hearing Examiner's Findings of Fact be included in the minutes. He expressed concern that a citizen who wishes to review the minutes of any meeting will not. have easy access to Findings of Fact if they are not included in the minutes. City Clerk Jackie Parrett reminded the Council EDMONDS CITY COUNCIL MINUTES Page 2 JANUARY 20, 1987 that the minutes have evolved to 14 to '. cages and inclusion of the Findings would add to the volume. She said the minutes are summa,'y ,ninutes. She noted that documents of hearings before the Hearing Examiner are available and on file in the Planning Department. Councilmember Nord- quist recommended that a notation be included in the minutes which reflect the location of those documents. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEM (F). MOTION CARRIED. PROPOSED RESOLUTION 654 AMEND114G ASSESSMENT ROLL OF LID 212 [ITEM (H) ON THE CONSENT AGENDA) Councilmember Hall said she removed Item (11) because City Attorney Scott Snyder wished to address that issue. Mr. Snyder said he had concerns regarding another issue and not Item (H) and apolo- gized for the mistake. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO APPROVE ITEM (H). MOTION CARRIED. Councilmember Nordquist raised a point of order. He recommended that the format regarding the meeting on January 22, 1987 for the consultant selection be discussed following Item 8. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, TO DISCUSS THE FORMAT FOR THE MEETING ON JANUARY 22, 1987. MOTION CARRIED. PRESENTATION OF RESOLUTION OF COMMENDATION TO. STUDENT REPRESENTATIVE TOM PETERSON Councilmember Hall noted that incumbent Student Representative Tony Russell, Woodway High School, and former Student Representative Tom Peterson, Edmonds High School, were in attendance at the meeting. Tom's family was in the audience. Councilmember Hall requested them to stand for recognition. Councilmember Hall read Resolution 653 into the record which commended Tom Peterson for his par- ticipation and deep interest in the Council during his tenure from September 30, 1986 to December 31, 1986. She presented Tom with the Resolution and a memento. She noted that besides the Na- tional Merit Scholar, Tom has recently been elected as student of the month at Edmonds High School. PRESENTATION OF RECOGNITION AWARDS TO 1986 RETIRED BOARD/COMMISSION MEMBERS Mayor Naughten presented the following people with plaques in recognition of their past services to the City of Edmonds: Chuck Cain - Civil Service Commission; Michael Pederson - Architectural Design Board; Heather McCartney - Architectural Design Board; Lawrence Parrett - Architectural Design Board; Bill Mathias - Planning Board; Bonnie Aylesworth - Youth Activities Board (YAB); Valerie Harris - YAB; Fritz Whitney - YAB; Chris Bader - YAB; Michelle Allen - YAB; Dawn Marti - YAB; Leah Beaman - YAB; Donald Stone - YAB; and Tammy Schwartze - YAB. AUDIENCE Mayor Naughten opened the audience portion of the meeting. No audience participation was of- fered. Mayor Naughten closed the audience portion of the meeting. MEETING WITH PETITIONERS FOR PROPOSED ANNEXATION OF SHERWOOD LEMENTARY SCHOOL (EDMONDS SCHOOL DISTRICT) AND AREA BETWEEN 226TH ST. S.W. AND 231 ST. ST. S.W. Planning Division Manager Mary Lou Block reviewed the area of the proposed annexation on a vicini- ty map on the overhead .projector. Ms. Block reported that the City has received petitions requesting annexation of the Sherwood Elementary School and adjacent neighborhoods into the corporate limits of Edmonds. Included in the Council packets were a vicinity map, copies of the 10% petitions, and copies of the certifi- cates of sufficiency. The following are three questions which must be addressed with a-ich annexation request: 1) wheth- er to accept the annexation; .2) whether to adopt simultaneous zoning regulations; 3) whether or not assumption of indebtedness will be required. The proposed annexation area poses no significant service problens for utilities or streets. EDMONDS CITY COUNCIL MINUTES Page 3 JANUARY 20, 1987 Ms. Block said it is the recommendation of Staff that this area be annexed; that simultaneous zoning be established; and that the area assume the indebtedness of the City of Edmonds. The City Attorney, she said, will provide the form of the motion requiring the assumption of indebted- ness. Ms. Block said the total assessed value of the area is $9,658,050. Ms. Block noted that petitioners from the residential area were present in the audience. Howev- er, no one from the School District was present, but they wished their petition to stand as pre- sented. Mayor Naughten noted that a representative from the School District approached the City approxi- mately one year ago with a request to annex Sherwood Elementary School into the City in order to enhance police enforcement. Ray Olsen, 228th and 106th P1. W., said annexation proposals for the proposed area began approx- imately four years ago. lie said the neighborhood is anxious to be annexed because it will en- hance police security in the area as well as enable citizens to become .involved in local govern- ment without driving to Everett. Mayor Naughten noted that taxes will be lowered by approximately 12% if the annexation is ap- proved. Mike Blancheau, 22616 105th Ave. W., pointed out that the agenda reflects the proposed annexa- tion between 228th St. and 231st. - He said it should be 226th St. S.W. Ile spoke in favor of the annexation. Rich Allen, 1815 - 80th Ave. W., said there are a number of Edmonds citizens whose children at- tend school outside of the City of Edmonds. He said it is frustrating when a situation arises which calls for the attention of a police officer because they do not arrive on the scene for approximately thirty minutes. Mayor Naughten noted that annexation would increase revenues to the city generated by property taxes by approximately $15,000, Mayor Naughten inquired what action was appropriate. City Attorney Scott Snyder said the motion should include, if the Council wished to adopt Staff's recommendation: 1) language with respect to acceptance of the annexation, and if the Council desired to impose simultaneous zoning wording to the effect as follows: a recommendation that the, appropriate zoning be considered by the Planning Board and a recommendation to the Council regarding the zoning to be imposed and reflect- ed in the petition to be circulated; 2) determination by the Council whether all or any portion of the current taxation and indebtedness should be imposed on the newly annexed area. If the Council desires the current indebtedness be assumed by the area annexed, the following language should be included in the Council's motion: "The City Attorney is directed to include in the ordinance, and also in the petition to be circulated throughout the area proposed for annexation, a statement that upon annexation all property within the area to be annexed shall be assessed and taxed at the same rate and on the same basis as the property within the City of Edmonds is as- sessed and taxed in order to pay for the then outstanding indebtedness to the City which has been approved by the voters, contracted for, or incurred prior to and existing at the date of the annexation". COUNCILMEMBER NOROQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, "i-HAT THE PROPOSED ANNEXATION WILL BE ACCEPTED; SIMULTANEOUS ZONING REGULATIONS BE ADOPTED; ASSUMPION OF INDEBTEDNESS BE REQUIRED; AND THE LANGUAGE, AS STATED BY THE CITY ATTORNEY ABOVE, BE INCLUDED. MOTION CARRIED. Councilmember Kasper referred to the Hearing on Hearing Examiner Recommendation on Proposed 12 Lot Subdivision at 15720 - 68th Ave. W. (Item #6) and Hearing on Hearing Examiner Recommendation regarding Appeal of Determination of Nonsignificance Issued by Edmonds Community Services Depart-' ment for Proposed 11 Lot Subdivision at 657 - 9th Ave. N. (Item #7). He said because Metco was one of his customers and he was the seller of property at 657 9th Ave. N., he would step down from the dais during those hearings, and he left the room. EDMONDS CITY COUNCIL MINUTES Page 4 JANUARY 20, 1987 HEARING ON HEARING EXAMINER RECOMMENDATION ON .PROPOSED 12 LOT SUBDIVISION AT 15720 - 68TH AVE. W.7P-4-86/METCO CONSTRUCTION Planning Division Manager Mary Lou Block reported that on September 15, 1986, the City Council granted preliminary approval. for a nine -lot subdivision on the property located at 15720 - 68th Ave. W. Since that time, the developer has obtained additional property and is now seeking ap- proval for a revision to the subdivision to allow twelve lots. On December 4, 1986, the Hearing Examiner held a public hearing on the revised subdivision re- quest. The Hearing Examiner issue his report on December 31, 1986 recommending approval of the proposed subdivision subject to certain specified conditions. Ms. Block noted that copies of the Hearing Examiner's report, the preliminary plat, vicinity map, the original plat, and the minutes from September 15, 1986 City Council meeting were included in the Council's packets. Ms. Block said it was the recommendation of Staff to adopt the Hearing Examiner's recommendation and grant preliminary approval for the proposed twelve -lot subdivision. Ms. Block referred to a vicinity map of the proposed subdivision on the overhead projector. Because the applicant acquired three additional lots and the recommendation was made that access to the subdivision be relocated to an area within the plat, she said the applicant seeks approval of a twelve -lot subdivision. Ms. Block reviewed the recommendations of the Hearing Examiner as follows: "...it is hereby recommended to the City Council of the City .of Edmonds that the Council approve the proposed revisions to the subdivision at 15720 - 68th Ave. W., Edmonds, WA. The Council should allow an additional three lots to be located within the Preliminary Plat; should reduce the required street setbacks on lots 1 - 6 from 15 feet to 25 feet; and should allow for the redesign of 175th Pl. S.W. These Preliminary Plat modifications should be approved to the following: 1) the applicant must comply with all engineering requirements listed in Exhibit 5; ) the applicant must comply with all conditions of mitigation as listed in Exhibit 4; 3) no clearing shall be allowed below the top of the bank. The restrictions against clearing shall be shown on the face of the recorded final Plat. Clearing shall include grubbing of brush or cutting of trees. The only exception to the prohibition against clearing shall be for trees or vegetation that are .dead, dying, diseased, or pose a hazard to the public. Prior to the cutting of any trees, the applicant shall provide evidence of the condition of the tree to the Planning Department of the City of Edmonds; 4) dedi- cation of 5' of right-of-way along the west side of 68th Ave. W. per the Official Street Map; 5) a standard fire hydrant shall be required near the property line between Lots 2 and 3; 6) the existing house on Lot 9 sh.all change its address and access off 157th P1. S.W.; 7) a tree cut- ting plan showing the location of major stands of trees and individual trees over 8" in diameter must be provided; 8) Lot 1 is a corner lot. The setbacks shal' be those shown on Exhibit 3; 9) Lot 11 is a flag lot. The setbacks shall be those as shown can Exhibit 3; 10) the open space tract shall be dedicated to the City of Edmonds; 11) the street setbacks for Lot 1 - 6 shall be those as shown on Exhibit 3". Councilmember Nordquist noted that the minutes of September 15, 1986 reflect that Ms. Block recom- mended, if the Council approved the proposed subdivision, that the motion include that the only disturbance would be access to the park. He inquired if that provision was included in the Find- ings. Ms. Block said they were indirectly. She said Snohomish County Park had requested that a pathway be provided down either the right-of-way of 68th West or adjacent to it. Because that area is a steep -slope area and Staff determined that it would be difficult to build a pathway, Staff recommended that a walkway be provided in the future if it was possible. Councilmember Jaech inquired if the open spaces that have been deeded to the City are invento- ried. Ms. Block said the Deeds and Easements Map reflect those open spaces. Councilmember Jaech inquired: 1) if the City is required to maintain those areas; 2) if the City assumes any liabili- ty for slide potential to those areas. Community Services Director Peter Hahn said less slide potential could be anticipated if those areas are retained in their natural state. Ms. Block said the City does assume liability of the property if it accep':s dedication to the City. Coun- cilmember Jaech inquired why the open space must be deeded to i.he City. Ms. Block said it must be deeded to either the County or the City if it is deeded. EDMOPDS CITY COUNCIL MINUTES Page 5 JANUARY 20, 1987 City. Attorney Scott Snyder noted that a third alternative would be to place a covenant on the property or show it on the face of the subdivision plat restricting its use. Mayor Naughten opened the public portion of the hearing. Jurgen Sauerland, representing the applicant, said because of the steep -slope area that has severe development limitations, it was determined not to provide a walkway to the open space. Mr. Sauerland said it was also determined that the best use of that open space would be to dedi- cate it to the City in the event the City acquired the property owned by Snohomish County. If the City decided not to accept the dedication, that area could be included in the plat and as- signed an equal and undivided interest to the owners of the homes in the subdivision. Mr. Sauerland said resubmission of the subdivision was based upon the requirement by the City to provide a looping water system from 70th Avenue to 68th Avenue as well as to relocate the home sites away from the top of the slope. He said the vegetation within the sloping area and side and rear yard areas will remain in its natural state. Mr. Hahn noted that an additional Fire Department requirement may include another fire hydrant. Ms. Block noted that a provision should be included to accommodate the request from Snohomish County that a walkway may be developed in the future if the City accepts the dedication to accom- modate the request from Snohomish County. Mr. Sauerland said he did not believe it would be in the best interest of the City to require the provision of a walkway because the open space is rather steep, and there should be a minimal amount of disturbance to that area. Mr. Sauerland said he thought it would be foolish to place a walkway anywhere near the top of the bank. Mayor Naughten closed the public portion of the hearing. Councilmember Jaech recommended: I)that the City not accept dedication of the open space; 2) that the open space be included in the plat with each owner assigned an equal and undivided inter- est with covenants or an agreement with Snohomish County. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ADOPT THE HEARING EXAMINER'S RECOMMENDATION AND GRANT PRELIMINARY APPROVAL FOR THE PROPOSED TWELVE -LOT SUBDIVISION WITH THE PROVISO THAT ALLOWANCES BE MADE REGARDING THE REQUIRED NUMBER OF FIRE HYDRANTS AND THAT THE AREA DESIGNATED AS OPEN SPACE BE DIVIDED AMONGST THE LOTS IN THE SUBDIVISION WITH COVENANTS. Mr. Snyder noted that an alternative form of the motion would be that the open space shown on the preliminary plat be first offered for dedication to Snohomish County. Should they fail to accept it, it could be impressed with a covenant for open space in accordance with language approved by the City Attorney. COUNCILMEMBER JAECH SAID SHE WOULD ACCEPT THAT INCORPORATION INTO THE MOTION. THE SECONDER AGREED. MOTION CARRIED. (The Hearing Examiner's complete report is available in the Planning Department.) HEARING ON HEARING EXAMINER RECOMMENDATION REGARDING APPEAL OF DETERMINATION OF NONSIGNIFICANCE ISSUED. BY EDMONDS COMMUNITY SERVICES OEIAARIMENT FOR PROPOSED 11 LOT SUBDIVISION AT 657 - 9TH AVE. N. AP-20-86/APPELLANTS: ROBERT SSTARK, AND KEITH ELLIS Planning Division Manager Mary Lou Block reported that on November 13, 1986, Staff issued a Deter- mination of Nonsignificance (DNS) pursuant to the State Environmental policy ACT (SEPA) for a proposed eleven -lot subdivision request of William Kasper and Homeland Homes for property locat- ed at 657 - 9th Avenue North. On November 24, 1986, Robert: Stark and Keith Ellis filed an appeal of the DNS. The Hearing Examiner held a public hearing on the appeal on December 18, 1986. On January 5, 1987, the Hearing Examiner issued his report recounnending to the City Council that the appeal of the SEPA DNS be denied. Ms. Block noted that copies of the Hearing Examiner's report, the appeal letter, the proposed plat, and a vicinity map were included in the Council's packet. Ms. Block said it was Staff's recommendation to adopt the Hearing Examiner's recommendation to uphold the DNS and deny the appeal. EDMONDS CITY COUNCIL MINUTES Page 6 JANUARY 20, 1987 Ms. Block noted that the only issue before the Council at that time was the DNS and the appeal and not a hearing with respect to the subdivision itself or any aspect of the subdivision other than environmental situations. Ms. Block reviewed the Conclusions contained in the Hearing Examiner's report as follows: "1) the applicant has requested approval of an 11 lot subdivision on. property located at 659 - 9th Avenue North, Edmonds, WA. A DNS has been issued for the proposed subdivision. The date of issue of the DNS was November 13, 1986..The appellants. have filed an appeal of this DNS; 2) the city of Edmonds Planning Department has jurisdictional authority to review the environmental impacts and to make a threshold determination pursuant to the SEPA; 3) the only environmental issue that has been questioned in the City's DNS is the traffic issue; 4' during the street map amendment conducted in 1981 of streets within the immediate vicinity of the subject property, the issue of the amount of traffic that will be generated from the proposed subdivision was adequately ad- dressed. The City Council and.the Planning Commission of the City of Edmonds have addressed the issue and have determined that traffic will not impact the surrounding properties nor the subject property; 5) the environmental. review of the proposed project has been made pursuant to SEPA and the environmental laws of the City of Edmonds as set forth in the ECDC. It appears that the DNS is reasonable and will adequately address the environmental issues resulting from the devel- opment of the proposed subdivision. "Based on the preceding Findings of Fact and Conclusions, the testimony and evidence submitted at the public hearing and upon the impressions of the Hearing Examiner at a site view, it is hereby recommended to the City Council of the City of Edmonds that the City of Edmonds DNS for an 11 lot subdivision at 659 - 9th Avenue North, Edmonds, Washington, be upheld and that the appeal of Keith Ellis and Robert Stark be denied. "All the testimony and evidence presented at the public hearing were considered in making this recommendation. From the testimony and evidence submitted, it appears that the only environmen- tal issue that is the subject of this appeal involves the traffic to be generated by the proposed _ subdivision. The traffic in the area was adequately addressed (luring street map amendments that occurred in 1981. Ordinances 2218 and 2219 of the City of Edmonds were enacted after the Plan- ning Commission and the City Council of the City of Edmonds considered traffic in the general vicinity and, in particular, the traffic to be generated from t'ie proposed subdivision. At that time, a DNS was issued. "It is noted that the City of Edmonds Engineering Department ias looked at the traffic issue. They have determined that the improvements on 7th Avenue North make that street a collector arte- rial. They have also determined that Aloha Street is of adequate right-of-way to provide for parking on both sides of the street and two travel lanes.. The traffic to be generated from the proposed subdivision will travel these roads. These roads are ,)f adequate width and development to handle any traffic to be generated. Thus, it appears that the appeal of the DNS based on traffic is unfounded. It is therefore recommended that the City Council adopt the DNS as issued by the City Staff on November 13, 1986 and deny the appeal". Councilmember Hallinquired which of the eleven residences was not identified. Councilmember Ostrom replied William Kasper's home. Mayor Naughten opened the public portion of the hearing. Keith Ellis, the appellant, had signed in to speak but was not present at the time of the hear- ing. Hank Lewis, 221 James, representing Homeland Homes, noted that William Kasper's home is on Lot 11. The home not identified in the report was Jeffrey Ames' home. Mr. Lewis said he was present in support of Staff's recommendation. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO ADOPT THE HEARING EXAMINER'S RECOM- MENDATION TO UPHOLD THE DNS AND DENY THE APPEAL. MOTION CARRIED. (The Hearing Examiner's complete report is available in the Planning Department.) EDMONDS CITY COUNCIL MINUTES Page 7 JANUARY 20, 1987 HEARING ON PROPOSED RESOLUTION 655 MODIFYING SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM In June 1986, the Six -Year (1987-1993) Transportation Improvement Program .(TIP) was approved by Council in accordance with State requirements. Since the TIP approval, Staff has identified the need to improve the railroad signalization and approaches at the Dayton Street crossing of the Burlington Northern tracks. In order to apply for federal funds and to use arterial street mon- ies, the project must be on the Six -Year TIP. The TIP has been modified with the addition of Item 4, Dayton Street Railroad Crossing Improvements on Page 1, Traffic Signalization, Channeli- zation projects. The project is anticipated to cost $179,000 with $9,000 from the -City and the remaining amount from the Federal aid and safety programs. A request for approval funding will be presented to Council at a later date. Staff recommends that the Council adopt the attached resolution modifying the Six -Year (1987-1993) TIP by including the Dayton Street Railroad Crossing Improvements. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ADOPT THE ATTACHED RESOLUTION MODIFYING THE SIX -YEAR (1987-1993) TIP BY INCLUDING THE DAYTON STREET RAILROAD CROSSING IMPROVE- MENTS. MOTION CARRIED. Councilmember Kasper returned to the dais. DISCUSSION REGARDING JANUARY 22, 1987 CONSULTANT SELECTION MEETING Councilmember Nordquist inquired about the format regarding the discussion. He said he was under the impression that the discussion would only encompass questions which the Council had with respect to the presentations made by the consultants on Saturday, January 10, 1987. Councilmem- ber Hall said the two finalists were advised that they would have a maximum of ten minutes to recapitulate their presentation. The remaining forty-five minutes would be devoted to questions and answers. She noted that Councilmember Jaech had suggested that questions by the Council be submitted in writing so that they are not duplicated.. Councilmember Nordquist said he felt the consultants who were not selected as finalists would not be treated fairly if the two finalists were allowed to present their proposals again. Councilmember Wilson said he, also, was under the impression that the Council would select a consultant at the next meeting. He said he did not feel that the Council could ask any questions that were relevant or pertinent that were not already asked. Councilmember Ostrom said he did not feel that further presentations were necessary. He said his understanding was that the Council would have an opportunity to ask questions of the two final- ists. Councilmember Jaech said she would like the opportunity to reassess the presentations which were given on Saturday and ask several more questions of the finalists to enable her to make a deci- sion based on logic and a fresh recollection. Councilmember Kasper said he did not feel that further presentations were necessary. He said there were questions with respect to the Engineering report that he would like answers to. He said he was not convinced that building the proposed plant at. the existing site would be more cost effective than relocating it. Councilmember Wilson noted that relocating the plant was not one of the criteria that was given to the prospective consultants. He said although that issue was discussed at some length, to pose that question would seem unfair to the applicants who were not selected and not given an opportunity to address that issue. Councilmember Ostrom said he felt the issue of whether the plant should be relocated was absolute- ly out of order and asked the Council President to rule it out or order. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, THAT THE PRESENTATION BE LIMITED TO RESPONSES TO QUESTIONS POSED BY THE COUNCIL AND THAT NO ADDITIONAL FORMAL PRESENTATIONS BE INVIT- ED OR ANTICIPATED. MOTION CARRIED. Mayor Naughten noted that he is also a voting member of the Consultant Selection Committee. He said the Committee was expanded to include the Council. Councilmember Jaech said she recalled that the Council made a motion to bypass the consultant selection process so the Council only could make the decision. City Attorney Scott Snyder recommender; that the motion be reviewed. He said the ordinance provides for a consultant selection committee, and the Mayor is a member. He EDMONDS CITY COUNCIL MINUTES Page 8 JANUARY 20, 1987 noted that the Council could only amend the ordinance. by another ordinance and not by motion. He said, however, the Council could make.a motion to reflect its desires. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER DWYER, TO INCLUDE THE MAYOR AS PART OF THE CONSULTANT SELECTION COMMITTEE. MOTION CARRIED WITH COUNCILMEMBER JAECH OPPOSED. MAYOR Mayor Naughten reminded the Council of the Association of Snohomish County Cities and Towns meet- ing on January 29, 1987 at Nendell's Hotel banquet room at 6:30 p.m. COUNCIL Council President Hall reminded the Council of the secondary sewer treatment consultant selection meeting on January 22, 1987 at the Library Plaza Room at 7 p.m. Councilmember Dwyer raised a point of order. He inquired if the public portion of the hearing on the hearing on proposed resolution 655 modifying six -year TIP was opened. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER NOROQUIST, TO RECONSIDER PRIOR ACTION ON THAT ISSUE TO ALLOW THE PUBLIC AN OPPORTUNITY TO SPEAK. MOTION CARRIED. Mayor Naughten opened the public portion of the hearing. No public input was offered. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ADOPT THE ATTACHED RESOLUTION MODIFYING THE SIX -YEAR (1987-1993) TIP BY INCLUDING THE DAYTON STREET RAILROAD CROSSING IMPROVE- MENTS. MOTION CARRIED. Council President Hall noted that her tenure as Council President ended that evening. She said she enjoyed her term and welcomed the newly elected Council President, Councilmember Wilson. Councilmember Wilson suggested that the Council pursue investigations of the endeavors by Edmonds Community College regarding the program on which his recent trip to Japan was based. He said Japan views the City of Edmonds as the political base with respect to the sister city relation- ship. He. suggested that. representatives from the College be invited to a future work meeting to apprise the Council of their program. Councilmember Wilson recommended continuation of the current Council committees through the end of January. He asked if the Council wished to continue the committee format as it has been the past year or if they had other recommendations. He said he felt there were times when the commit- tees reviewed administrative problems. Councilmember Kasper suggested that the structure of the committees be broken down into six sectors with a Councilmember in charge of each sector. Coun- cil President Hall concurred. She recommended that the Conanunity Services Committee be divided into four sectors and form liaison -type duties. Councilmember Jaech said she liked the way the committees were structured at the present time but suggested that administrative issues be referred to Administration. Councilmember Wilson expressed concern that oftentimes the Council will be apprised of an issue subsequent to its release in the newspapers because it has been reviewed in Committee with the press present. Councilmember Nordquist concurred with Councilmem- ber Jaech regarding current committees. lie said other system, were attempted in the past but proved to be unworkable. Councilmember Ostrom said he felt the present system was the best for- mat to follow. Councilmember Kasper suggested that hearings be heard on additional nights. Council President Hall recommended that Council committee meetings be combined with work meetings. Councilmember Wilson recommended that the Council commence discussion regarding major budgetary issues no later than April to enable Administration to factor those concerns into the budget. He also recommended that the Council hold the retreat in February. Council President Hall suggested that reservations be sought soon because the facilities will fil" up early. Councilmember Nordquist noted that the Christmas tree disposal service was well received. Councilmember Nordquist said he had the pleasure of attendi•ig Councilmember Ostrom's wife's concert last Friday at the Driftwood Theater. Fie said the performance was excellent. Councilmember Jaech referred to the memorandum from Community Services Director Peter Hahn regard- ing the sewage swap with Metro. She said she read an article in the paper regarding that issue long before the Council received information from Staff. She requested that Staff inform the EDMOHDS'CITY COUNCIL MINUTES Page 9 JANUARY 20, 1987 Council about issues before they are published in the newspapers. Mr. Hahn said he wrote the memo the same day Metro called him. Councilmember Jaech noted that he was quoted in the Wednes- day Times which goes to press on Monday. Councilmember Jaech referred to a memorandum from Mr. Hahn with respect to the consultant selec- tion process. Mr. Hahn said there are many refinements which can be made and will be made at several junctures. Councilmember Dwyer announced that Fire Chief Jack Weinz was elected as the new Vice-chairman of SnoCom. Mayor Naughten reminded the Council of the meeting at Meadowdale at 7 p.m. on January 21, 1987. Councilmember Kasper said he would not vote on the consultant selection on January 22 until he received information regarding the basis of the estimate of the cost of building a new plant versus the cost of replacing the existing plant including the cost of the sale of the land. The meeting recessed to an Executive Session at 8:54 p.m. to discuss property and labor negotia- tion matters for approximately 3.0 minutes. These minutes are subject to February 3, 1987 approval. J&PQUEONE G. PAR ETT, City Clerk r�ll L RRY'S. AUGHTEN EDMONDS CITY COUNCIL MINUTES Page 10 JANUARY 20, 1987