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04/21/1987 City CouncilTHESE MINUTES SUBJECT TO APRIL 28, 1987 APPROVAL EDMONDS CITY COUNCIL MINUTES APRIL 21, 1987 The regular meeting of the Edmonds City Council was called to order at 7 p.m. by Mayor Pro Tem Wilson in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag salute. PRESENT ABSENT. STAFF PRESENT Jack Wilson, Council Pres. Larry Naughte.n, Mayor Bobby Mills, Pub. Wks. Supt. John Nordquist `Peter Hahn, Comm. Svc. Dir. Steve Dwyer Art Housler, Admin. Svc. Dir. Laura Hall Duane Bowman, Asst. City Planner Jo -Anne Jaech Jack Weinz, Fire Chief Bill Kasper Can Prinz, Police Chief Lloyd Ostrom Bob Alberts, City Engineer Tony Russell, Stud. Rep. Scott Snyder, City Attorney Gary McComas, Fire Marshal Margaret Richards, Recorder Mayor Pro Tem Wilson presided over the meeting in the absence of Mayor Naughten.. CONSENT AGENDA Item (B) was removed from the Consent Agenda. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEM- BER JAECH, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (C) AUTHORIZATION TO CALL FOR BIDS ON STORAGE AND MAINTENANCE BUILDING AT FIRE STATION 2 (D) SET MAY 5, 1987 FOR HEARING ON APPEAL OF ADB DECISION REQUIRING IRRIGATION FOR PROPOSED TOWNHOUSE AT 8017 - 212TH SW. S.W. (AP-5-87/APPELLANTS: PINNED & MICHEL, INC.) (E) SET JUNE 30, 1987 FOR HEARING ON HEARING EXAMINER RECOMMENDATION FOR PROPOSED 4 LOT SUBDIVISION AT APPROXIMATELY 1116 - 2ND AVE. S. (P-1-87/SEAWOODHOMES) (F) SET JUNE 30, 1987 FOR HEARING ON HEARING EXAMINER RECOMMENDATION TO VACATE UNDEVELOPED PORTION OF 1ST AVE. S., 230' NORTH OF ELM ST. TO SR 104 (ST-2-87/SEAWOOD HOMES) (G) SET MAY 19, 1987 FOR HEARING ON HEARING EXAMINER RECOMMENDATION TO AMEND OFFICIAL STREET MAP TO REDUCE PROPOSED RIGHT-O.F-WAY OF 80TH PL. W., NORTH OF 212TH. ST. S.W. FROM 35' TO 25' (ST-3-87/CITY OF EDMONDS) (H) SET MAY 19, 1987 FOR HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING VARIANCE FOR PROPERTY LOCATED AT.267 - 4TH AVE. S. (AP-6-87/APPELLANT: TOM PETROWITZ) (1) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING PROPOSED CONTRACT REZONE FROM RM-2.4 TO CG FOR PROPERTY LOCATED AT 8009 - 238TH ST. S.W. (R-2-86/DIPANGRAZIO) APPROVAL OF MINUTES OF APRIL 14. 1987 CITEM (B) ON THE CONSENT AGENDA Councilmember Hall made the following additions: page 5, paragraph 5, "Councilmember Hall com- pared the building of the treatment plant to building a house. We don't need to hire a special design architect for drainage of pipes and plumbing"; page 7, paragraph 10, "Councilmember Hall indicated that we have had hearings in the past on small neighborhood issues but something of this magnitude is being neglected as to getting public input. Also, the public needs to know what is happening --what is going on regarding this facility"; page 8, paragraph 3, "The books on AIDS are available in the library". Councilmember Kasper made the following additions: page 7, paragraph 12, "The public has never been informed of the Culp analysis of the cost of going to Harbor Square being less than Union Oil". COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE MINUTES AS AMENDED. MOTION CARRIED. Mayor Pro Tem Wilson recognized Chief of Staff for Congressman John Miller, Bruce Agnew in the audience. Mr. Agnew reported that his office received a letter. from Mayor Naughten recently requesting that the office intercede in the post office's decision to locate a postal annex in the Perrinville area. Ile read a letter which will be sent to the post office into the record which stated, in essence, a request to the postal service to reconsider. its anticipated relocation to Perrin- ville. Mr. Agnew said he will follow the letter up with a telephone call, and Congressman Miller will contact the Post Master in Washington D.C. Mayor Pro Tem Wilson noted that Senator Evans has not received any cooperation from Senator Adams with respect .to that issue. Mr. Agnew said he was acquainted with Bill Hamilton, State Director in Senator Adam's office, and he would speak with him. AUDIENCE Mayor Pro Tem Wilson opened the audience portion of the meeting. Jeff Palmer, 17510 - 76th Ave. W., said he was encouraged by the letter in the Council packets from Parks & Recreation Division Manager Jim Barnes regarding the availability of the Snohomish County park as a potential equestrian facility which may take the place of the site in Perrin- ville. Mr. Palmer said he lives in close proximity to the park and thought it was a very suit- able site for that purpose. He encouraged the Council to further investigate that facility. Mayor Pro Tem Wilson closed the audience portion of the meeting. Councilmember Kasper presented Councilmember Jaech and Councilmember Nordquist with plaques from Community Transit in appreciation of their services. Councilmember Jaech was Chairman in 1985 and Councilmember Nordquist was also a former Chairman. Councilmember Hall said she would like to discuss Item #8 on the agenda - Request for Funding of Departmental Needs ($27,750) - when the Mayor is present. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, THAT ITEM #8 BE DEFERRED TO A MEETING WHEN A FULL COUNCIL AND THE MAYOR IS PRESENT. Councilmember Kasper recommended that Item #14 - Review City -owned Property at Perrinville - also be deferred. Mayor Pro Tem Wilson noted that Mayor Naughten thought it would be appropri- ate, also, to defer discussion of that item until communications are received from the State senators. Councilmember Hall raised a point of order. She noted that a motion was on the floor regarding Item #8. MOTION CARRIED. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO RESCHEDULE ITEM #14 TO MAY 12, 1987. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER DWYER OPPOSED. COUNCIL DECISION ON EXECUTION OF CONTRACT WITH CWC-HDR FOR DESIGN AND CONSTRUCTION MANAGEMENT SERVICES RELATED TO SECONDARY TREATMENT FACILITIES 4,657,845 COUNCIL DECISION ON EXECUTION OF AGREEMENT WITH DEPARTMENT OF ECOLOGY FOR DESIGN GRANT ON SECONDARY WASTEWATER TREATMENT FACILITY COUNCIL DECISION ON RE UEST TO ADVERTISE FOR PROPOSALS FOR VALUE ENGINEERING ON SECONDARY TREATMENT PLANT DESIGN 150 000 COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO DEFER DISCUSSION OF THE ABOVE ITEMS TO MAY 12, 1987 IN LIGHT OF THE FACT THAT A PUBLIC HEARING HAS BEEN SCHEDULED ON APRIL 28, 1987 REGARDING SECONDARY TREATMENT PLANT ALTERNATE SITES. A ROLL CALL VOTE WAS TAKEN. MOTION FAILED WITH COUNCILMEMBER HALL, COUNCILMEMBER KASPER, AND COUNCILMEMBER WILSON IN FAVOR AND COUN- CILMEMBER DWYER, COUNCILMEMBER JAECH, COUNCILMEMBER NORDQUIST, AND COUNCILMEMBER OSTROM OPPOSED. COUNCIL DECISION ON EXECUTION OF CONTRACT WITH CWC-HDR FOR DESIGN AND CONSTRUCTION MANAGEMENT SERVICES RELATED TO SECONDARY TREATMENT FACILITIES 4,657, 845 On March 3, 1987, Staff distributed to the Council the draft agreement for engineering services between the City and CWC-HDR, Inc. Another draft revision to page A-16 was submitted for the March 17, 1987 Council meeting, and the agreement was discussed at that meeting. A revision to EDMONDS CITY COUNCIL MINUTES Page 2 APRIL 21, 1987 page A-27 of the agreement was submitted for the April 14, 1987 Council meeting and the agree- ment, along with a review of the costs in the engineering report, were discussed. Based on the 1985 DOE/EPA Compliance Order No. DE-85-376 to have secondary treatment no later than April 1, 1991 and to reasonably expect to meet that deadline, Staff recommends approval of the CWC-HDR, Inc. agreement for Predesign, Design, and Construction Engineering and Start-up Services and authorization to proceed with Phase I at a cost not to exceed $320,674. Councilmember Nordquist inquired which of the figures - $4,657,845 on the agenda or $320,674 on the memorandum - was the requested allocation to proceed with Phase I. Community Services Direc- tor Peter Hahn replied $320,674. Councilmember Jaech said it was her understanding that the previous motion regarding .the hearing on April 28 encompassed only the discussion of general information for the public's benefit and not relocation of the plant. Councilmember Nordquist recalled that the Main Streets Projects president had sent the Council a letter requesting that the Council insure a decision and action on the best site as well as assurance that the money will not be lost. He said the intention of the motion he made previously was to provide the public with up-to-date information. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE CWC-HDR, INC. AGREE- MENT FOR PREDESIGN, DESIGN, AND CONSTRUCTION ENGINEERING AND START-UP SERVICES AND AUTHORIZE TO PROCEED WITH PHASE I AT A COST NOT TO EXCEED $320, 674. Councilmember Kasper said he would vote against the motion because he felt the Harbor Square site has not been adequately studied. He recommended that the firm of Culp-Wesner be authorized to further investigate that site before a final decision regarding site location is rendered. Councilmember Hall said she, also, would vote against the motion because she felt the public may perceive the public hearing scheduled next week as a mockery if authorization to proceed with Phase I is given prior to the public hearing. Councilmember Hall expressed concern that "the plant to the north" was not taken into considera- tion. She also expressed concern regarding the future should the plant reach full capacity. She requested that Staff provide the Council with data regarding the "northern plant". Mayor Pro Tem Wilson said he, too, would vote against the motion because: 1) he felt it was inappropriate to authorize the expenditure of funds prior to the public hearing; and 2) the is- sues with the other jurisdictions involved with secondary treatment have yet to be resolved. A ROLL CALL VOTE WAS TAKEN.. MOTION CARRIED WITH COUNCILMEMBER DWYER, COUNCILMEMBER JAECH, COUN- CILMEMBER NORDQUIST, AND COUNCILMEMBER OSTROM IN FAVOR AND COUNCILMEMBER HALL, COUNCILMEMBER KASPER, AND COUNCILMEMBER WILSON OPPOSED. . COUNCIL DECISION ON EXECUTION OF .AGREEMENT WITH DEPARTMENT OF ECOLOGY FOR DESIGN GRANT ON SECONDARY WASTEWATER TREATMENT F CILITY The Department of Ecology (DOE) Design Grant Agreement for $3,040,000, of which the City would receive up to fifty percent ($1,520,000), was discussed at the March 17, 1987 and April 14, 1987 Council meetings. The agreement must be fully executed by the City by the end of April 1987 and by the State by July 1, 1987. DOE staff has advised the City to fully execute and submit the agreement to DOE by the end of April 1987. Based on Council's approval of the engineering report and decision to design and construct a 10.8 mgd secondary treatment plant at the existing site, Staff recommends that the Council authorize the Mayor to execute the DOE Grant Agreement. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE EXECUTION OF THE AGREEMENT WITH DOE FOR THE DESIGN GRANT FOR THE SECONDARY WASTEWATER TREATMENT PLANT. MOTION CARRIED WITH COUNCILMEMBER WILSON OPPOSED. COUNCIL DECISION ON REQUEST. TO ADVERTISE FOR PROPOSALS FOR VALUE ENGINEERING ON SECONDARY TREATMENT PL NT DESIGN 15U,000 This issue was presented at the March 17, 1987 and April 14, 1987 Council meetings. Value Engi- neering (VE) is not required for the project but is recommended by the Department of Ecology (DOE). VE scrutinizes the cost effectiveness and question elements of the design. VE, on large projects, has historically proven to pay for itself. The budgeted amount was based on what was reflected in the DOE Grant Agreement. The actual anticipated cost will be much less. If approved, the selection process will take approximately four to eight weeks. EDMONDS CITY COUNCIL MINUTES Page 3 APRIL 21, 1987 Staff recommends that the Council authorize Staff to implement the consultant selection process for VE for the secondary treatment plant design. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER JAECH, TO AUTHORIZE STAFF TO IMPLEMENT THE CONSULTANT SELECTION PROCESS FOR VALUE ENGINEERING FOR THE SECONDARY TREATMENT PLANT IN THE AMOUNT OF $150,000. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER DWYER, COUN- CILMEMBER JAECH, COUNCILMEMBER NORDQUIST, AND COUNCILMEMBER OSTROM IN FAVOR AND COUNCILMEMBER HALL, COUNCILMEMBER KASPER, AND COUNCILMEMBER WILSON OPPOSED. HEARING ON HEARING EXAMINER RECOMMENDATION ON PROPOSED 8 LOT SUBDIVISION AT 7416 MEADOWDALE BEACH RD. P-6-86 ROBERT ALLEN Assistant City Planner Duane Bowman distributed large-scale plat maps of the proposed prelimi- nary plat to the Council and also posted a copy of the map on the bulletin board for the audi- ence's benefit.. Mr. Bowman reported that the subdivision was initially designed as part of planned residential development (PRD) with reduced lot sizes and setbacks. The Hearing Examiner reviewed the PRO proposal and issued a recommendation to eliminate lot #8. The applicant then revised the develop- ment plan to a standard eight -lot subdivision. On March 19, the Hearing Examiner held a public hearing on the revised subdivision request. The Hearing Examiner issued his report on April 9, 1987 recommending approval of the proposed subdivi- sion subject to specified conditions. Mr. Bowman noted that copies of the Hearing Examiner's report, the preliminary plat, and a vicini- ty map were included in the Council's packets. Mr. Bowman said Staff recommends that the Council adopt the Hearing Examiner's decision and grant preliminary approval for the proposed eight -lot subdivision. Mr. Bowman reviewed the location of the proposed development on a transparency of a vicinity map. He said it is located directly west of the Eagle's Nest subdivision and west of Peter Bilder's property, which is located amongst the lots. He then reviewed the original PRD propos- al as well as a revision of the proposal. Access, he said, would be via Eagle's Nest. The Fire Department has required an emergency access through the subdivision. Mr. Bowman said concern was expressed by Staff, as well as the Hearing Examiner, regarding the buildability of lot #8. Staff recommended to the Hearing Examiner that conditions be imposed on that lot if it was approved for development. Councilmember Kasper inquired if the plat was held in ownership by Edmonds View Division #2. Mr. Bowman said not to his knowledge. Councilmember Kasper inquired if the building adjacent to the curve existed or if it was only part of the blueprints. Mr. Bowman said it was only part of the blueprints. Councilmember Nordquist inquired if a walkway was proposed on Meadowdale Beach Road. Mr. Bowman said the concept of a meandering pathway through lot #8 is being discussed as part of the Eagle's Nest Estates. Mayor Pro Tem Wilson opened the public portion of the hearing. Bob Stevenson, Reid -Middleton & Associates, 121 - 5th Avenue North, representing the owner/devel- oper, said the owner has an appertinent easement to the property which runs in a southerly direction along the existing roadway. He said although the developer is not anxious to build the emergency access road, he will do so if it is required. The owner, he said, has made a substan- tial financial commitment to Mr. Bilder, whose property the access road will intersect. The 26 foot right-of-way would be extended through the property. (The sign-up sheet was marked as Exhibit #1.) Harry Hutchins, 16901 - 76th Avenue West, said his lot is immediately west of lots #4 and #8 and will be one of the most affected lots by the project. He said he has followed the hearing process and whole-heartedly supported the proposed project. Penny Jones, 173rd St. S.W., opposed the proposed development due to the increase in traffic the development will generate, she said. Dennis Olson, 7517 - 172nd, said he lives at the corner. He opposed the emergency access road because he said site distance is impaired when one is approaching that corner. EDMONDS CITY COUNCIL MINUTES Page 4 APRIL 21, 1987 Mr. Olson submitted a letter to the Council which he .had prepared. (The letter was marked as Exhibit.N2.) Councilmember Ostrom inquired about the location of the corner. Mr. Olson said it is south of the right-of-way. Mr. Bowman clarified that the secondary access road would intersect the pri- vate easement which connects to. the City right -.of -way of 74th Avenue which then connects to 172nd and wanders back up the hill. Councilmember Ostrom inquired if the private easement is currently being used. Mr. Olson replied affirmatively. Mr. Bowman noted that the Hearing Examin- er prohibited use of that road by the plat. Bollards, he said, would be placed at the exit from the property, and it would be used as an emergency access only. Muriel McClintick, 17029 - 76th West, said she has lived at that residence for sixty-six years. Ms. McClintock said her daughter purchased the private easement that Mr. Olson referred to over to what is now John Wallace's property. Ms. McClintick inquired if John Wallace's letter was received by the Council. Mr. Bowman re- plied affirmatively. Councilmember Kasper inquired about the status of the easement. Mr. Bowman said Mr. & Mrs. Emmel granted an easement to the subject property as a means of access for Mr. Bilder, his heirs assigns, or successors. John Wallace, 7521 - 172nd Southwest, confirmed Ms. McClintick's statements. He said he does own a 20 foot strip from the edge of his property line to 172nd. Mr. Wallace said that roadway was meant as ingress and egress to only his property and adjacent neighbors' properties, as specified on easement documents. He said the emergency vehicles would .have to turn onto his property in order to utilize the proposed emergency access. In addition, he said the roadway would require upgrading. He requested that no further development be made in that area because he said it has already reached its maximum traffic generation capacity. He noted that the City has been asked to place a private road sign to encourage people to turn around at the intersec- tion, but the request has not been acted on. Mr. Wallace said that fie has documentation which indicates the ownership of the private roadway. Dick Massey, 172nd and 72nd West, opposed the proposed emergency access. He said there has not been an emergency access to that area up to the present time. Mr. Massey said the City has been requested several times to install either speed bumps or signs saying "Slow - Children" but has not done so. Lee Dastin, 7202 - 172nd Southwest, suggested that an alternate location for an emergency access be considered. She said she did not know of one person in the neighborhood who was not "dead set" against the proposed emergency -access. Pete Bilder, 7406 Meadowdale Beach Road, said if the proposed emergency access is approved, vehicles will pass by his home only 30 feet away. He said he very strongly objected to granting an easement. Mr. Bilder noted that the preliminary drawings of the development obscurely depict his ease- ment. He said the easement intersects lots N4 and #5 and said the drawings should be adjusted accordingly. Mr. Bilder said a traffic study was, conducted for the development of the eighteen homes east of his property. lie said if the study was reviewed, one would probably find that the additional traffic which would be generated from the proposed project, if approved, and exiting onto Meadow - dale Beach Road would not be acceptable. Councilmember Kasper inquired if Mr. Bilder intends to maintain the easement and use it as an access point to his property. Mr. Bilder replied affirmatively. Councilmember Kasper inquired if Mr. Bilder has relinquished the rights to that easement. Mr. Bilder replied negatively. Councilmember Kasper noted that the easement intersects the proposed lots, as depicted on the blueprints. Councilmember Kasper inquired if Mr. Bilder opposed the emergency access via that easement if the lot lines were adjusted. Mr. Bilder replied "sure" because he said traffic would not pass in front of his home. Ken Astrof, 7311-.172nd Street, was opposed to the proposed emergency access.. He said that roadway would pass between his home and John Wallace's home. Mr. Astrof said the City's easement runs across a fairly large hill, and the roadway exists on Mr. Wallace's property, which serves as his driveway. EDMONDS CITY COUNCIL MINUTES Page 5 APRIL 21, 1987 Mr. Astrof said he was opposed to the proposed emergency access because he believed it would lead to upgrading to a City street in the future. Mr. Astrof advocated the development of a walkway on Meadowdale Beach Road to provide public access to the waterfront. Mavis Norton, 7321 - 172nd Street Southwest, said at the time she purchased her property, the builder was assured by the City that the 30 foot easement it had requested would very unlike- ly be utilized as a road. Ms: Norton said she agreed that the roadway would not be safe as an emergency access because of the site distance hazard due to the blind corners on 172nd. She added that the impact of Ea- gle's Nest Phase I, upon completion, is yet to be known. She requested, if the emergency access is ap roved: 1) that adjacent residents not be assessed any costs associated with that access.; and 2� that the gateway which will be placed across the bollards is properly secured. Mr. Stevenson stated that the developer has agreed. to comply with Fire Department requirements even if the proposed emergency access is not approved. Mr. Bowman submitted letters from Ken and Diane Astrof, Richard Angus, and Molly Walker which were marked as Exhibits N3, 4, and 5 respectively. Councilmember Ostrom said he understood that the proposed emergency access would be via private property. He inquired how private property could be used for such purposes. Mr. Stevenson said the private property is an improved driveway, and the appertinent easement to the developer's property is to the east of the existing driveway and runs from the property down to the public street to the south. He refuted the comment that there is no property access to the south of the subject development. Councilmember Kasper inquired about the terrain of the City's easement. Mr. Stevenson said it will be very expensive to develop the access road on that easement. Councilmember Kasper in- quired if the easement was located in the rockery located along the easterly portion of the road. Mr. Stevenson said the road is approximately 600 feet long and runs north and south. Mr. Stevenson said he walked the property line of Mr. Bilder's property with Mr. Bilder. He said he explained to Mr. Bilder that grading for the proposed roadway would blend in with his topography, and the development would accommodate Mr. Bilder's access along that entire strip. Mr. Stevenson added that in the spirit of cooperation on the project, Mr. Bilder will be provid- ed access where his driveway ends through a superior roadway. He said it was then the develop- er's understanding that the driveway would be relinquished and the walkway and utility access would take the place of the driveway easement. Mr. Snyder recommended that Mr. Stevenson be given.an opportunity to review Exhibits 2 through 5. Councilmember Kasper inquired if the proposed emergency access was intended to service the pro- posed development or also as secondary access to the south. Fire Marshal Gary McComas said any time a dead end single access is proposed, a second means of access is desirable in the event that one of the two accesses is blocked. He said those access points are usually not abused. Mr. McComas said the emergency vehicles are designed for access into difficult areas. The vehi- cles do not travel at high speeds when arriving at an emergency situation. Mr. McComas said at the time that recommendations were made with respect to the proposed develop- ment, he was not aware of easement problems, Mr. Bowman inquired if the Fire Department would use the existing road to serve the Barber, Systad, and McClintick homes in case of an emergency. Mr. McComas replied affirmatively. Mayor Pro Tem Wilson inquired if secondary access points are not always required. Mr. McComas replied affirmatively, as would be the case in a cul-de-sac. Mayor Pro Tem Wilson inquired about the feasibility of the easement on Meadowdale Beach Road as secondary access if the property was widened. Mr. McComas said he has been advised by the engineer that it is not feasible. Mr. Snyder noted that the Council cannot determine who has title to land and must work around that issue. He said the Hearing Examiner provided in his Recommendation q8 that a sprinkler system be installed if the easement could not be proven. Mr. Snyder stated, also, that the fire department of any city, in the event of an emergency, has power to go through and over anyone's property as part of the inherent police powers of the city regardless of whether or not an ease- ment exists. EDMONDS CITY COUNCIL MINUTES Page 6 APRIL 21, 1987 Mayor Pro Tem Wilson closed the public portion of the hearing: COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO REOPEN THE PUBLIC PORTION FOR THREE MINUTES. MOTION CARRIED. . Pat Wallace reminded the Council that a variance was necessary to build the existing five homes. She said the approval of the proposed development would be contrary to City Code. Mr. Bilder pointed out that he owns a 20 foot wide easement from Meadowdale Beach Road through to 172nd Street. He said his rights should be considered prior to allowing the emergency ac- cess. He reiterated that the location of his easement should be clearly and accurately depicted on the blueprints of the proposed development. Mr. Stevenson said Mr. Bilder's. easement has been clearly shown on all of the exhibits that have been presented to the City and is clearly shown on the title. The developer, he said, will provide access through the project road, as well as access to Mr. Bilder's lot where he possess- es no easement on the north side of his property. Mayor Pro Tem Wilson closed the.public portion of the hearing. Councilmember Dwyer said the proposal was not ready for Council because: 1) there were differenc- es to be resolved between the developer and Mr. Bilder; and 2) title to the easement has not been proven. He recommended that the matter be remanded to the Hearing Examiner to make specific findings as to the issues in dispute with regard to access. Mr. Snyder said the easement intersects lots N4, 5, and 8. Section 21.55.020 of the Code, in defining lot areas, states, "Lot area means the horizontal area within the boundary lines of the lot excluding any street rights -of -way and access easement". Mr. Snyder said there is a seri- ous question as to whether that requirement is met. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO REMAND THE ISSUE TO THE HEARING EXAMINER FOR RECONSIDERATION AND.THAT MR. BOWMAN BE INSTRUCTED TO LISTEN TO THE TAPES OF THE COUNCIL MEETING AND CONVEY TO THE HEARING EXAMINER A MEMORANDUM SETTING FORTH THE CONCERNS EX- PRESSED BY COUNCILMEMBER DWYER AND MR, SNYDER, MOTION CARRIED, HEARING ON PROPOSAL TO INCREASE WATER/SEWER RATES IN CONNECTION WITH SECONDARY SEWER TREATMENT PROJECT Councilmember N.ordquist inquired if Staff could provide additional information. Administrative Services Director Art Housler said Staff had recommended to issue the bonds in 1988 and increase the rates on March 1, 1988. Councilmember Nord.quist inquired if rate increase percentages were available. Mr. Housler said he did not have that information available to him at that moment. Councilmember Kasper noted that the analysis performed by Yeasting & Hughes had recommended Oat rates be increased immediately,., as had the committee members. He inquired if it would be beneficial to the City to implement the rate increase immediately rather than delaying an in- crease until after the election year. Mr. Housler said costs are decreased any time a cash pay- ment is made because interest is not paid. He said the issue of just when to implement a rate increase was a political decision between Mayor Naughten and the Council. Councilmember Kasper suggested that a straight percentage rate increase be implemented. Mayor Pro Tem Wilson opened the public portion of the hearing. Jeff Palmer, 17210 - 76th Avenue West, spoke in favor of a gradual phase in of rate increases. He requested that any revenues collected from an increase be strictly utilized for secondary sewer treatment. Roger Hertrich, 1020 Puget Orive, said he had previously suggested that a rate increase be imple- mented immediately. He said it bothered him that the bonds were not issued in the past. Emery Brunauer, 935 Pine Street, inquired how bonds could be issued on rates increased when the cost of the project is unknown and the participation of other jurisdictions is unknown. Jack Paxson, 938 Pine Street, inquired if site location was still in question. Mayor Pro Tem Wilson noted that a public hearing was scheduled on April 28, 1987 regarding secondary treatment plant alternate sites. Mr. Paxson recommended that a 2 to 3% assessment be made on all newly constructed buildings to help fund the plant. He said he checked with the attorney general's office who conveyed to him that such an assessment was legal: EDMONDS CITY COUNCIL MINUTES Page 7 APRIL 21, 1987 Mayor Pro Tem Wilson closed the public portion of the hearing. Councilmember Dwyer said he stated at the retreat that he would not change his position with respect to rate increases unless a significant number of people spoke out during the public hear- ing. He said because 81% of the people who were surveyed were opposed to rate increases at the present time and because only four people attended the public hearing, he would hold fast to his position not to increase rates at the present time. Councilmember Jaech spoke in favor of an immediate rate increase. She noted that rates have not been raised since 1982 and, yet, inflation has continued. She said rates must be increased to fund the secondary sewer treatment project, as well as on-line operations. If a rate increase was implemented at the present time, she said rates will be reduced in the long run. Councilmember Ostrom suggested that a decision be deferred to allow the Council time to digest the information. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO SCHEDULE THE ISSUE FOR FURTHER DISCUSSION ON JUNE 9, 1987. Councilmember Dwyer said he would vote against the motion because of the aforementioned reasons. Councilmember Kasper said he would vote in favor of the motion because all of the site alterna- tives have not been reviewed. Councilmember Hall concurred. MOTION CARRIED WITH COUNCILMEMBER DWYER OPPOSED. The meeting recessed at 8:52 p.m. and reconvened at 9 p.m. MEETING WITH EDMONDS COMMUNITY COLLEGE REPRESENTATIVES TO DISCUSS PACIFIC RIM ACTIVITY IN SOUTH COUNTY AREA Mayor Pro Tem Wilson stated that Tom Neilsen, President of Edmonds Community College, and sever- al Board members and Staff have been invited to discuss their experience with Pacific Rim rela- tionships with the City Council, Edmonds Community College has had a very active Japanese Student Exchange Program for several years that is growing. The relationship has resulted in several visits to Japan by the College staff and Board members. The City of Edmonds is considering a sister city relationship with Hekin.an, Japan to be reviewed on May 5. Mr. Neilsen congratulated the Council on their consideration of Japan, particularly in light of the pending sister city relationship with Hekinan. Mr. Neilsen said the College has had some international experience and has developed very strong friendships with the people of Japan. Mr. Neilsen said 50 students from Japan just arrived yesterday afternoon as part of the Travel Journal Institute Program. He introduced Jim Moratani, President of Travel Journal Institute. Mr. Moratani expressed his appreciation to the Council for being given the opportunity to visit the U.S. again. He noted that he met Jack Wilson in Tokyo in January of this year. Mr. Moratani said he formed the Travel Journal Institute Program last year and had made travel arrangements for 47 students in 1986 and arrangements for 59 students in 1987. Mr. Moratani said he felt the student exchange program is a passport to peace. Mr. Neilsen introduce Roy Gazamori, Director of Colleges of the International Program; Mr. Tojo, head of the Educational Program; Katsu Michimoto; Yumi Kato, student advisor; Herbert Christensen; Maville Wilson, Margaret Haze, Linda Balken; and Von Sherman. Mr. Neilsen said the College receives approximately three hundred international students on a year-round basis. Mr. Neilsen reported that a U.S. delegation of twenty-two people travelled to three cities in Japan recently. lie strongly emphasized that visitors in Japan are treated with warmth and unbe- lievable hospitality. EDMONDS CITY COUNCIL MINUTES Page 8 APRIL 21, 1987 Mr. Neilsen said Edmonds would not only. benefit from an. economic standpoint if it decided to enter into a sister city relationship with Japan but also.from a spiritual standpoint. Ms. Haze said the- City of Fukiyoko is not a small city; its populace is made up of 1,000,000. She said the U.S. delegation was invited to meet their city council and mayor. Ms. Haze said their. experience in Japan was incredibly positive. She said there was little time to tour the country because the visit was official. Ms. Wilson, Chairman of the Board, said she was extremely impressed by the courtesy and hospitali- ty that the Japanese people extended to the U.S. delegation. She said there is no place in the world that can compare with the reception of the Japanese. She said it was very heart warming to learn how anxious they were to increase their relationship with the U.S. Ms. Wilson said her biggest regret was that the delegation did not have an opportunity to tour the country but that she intends to go back to Japan in the near future. Ms. Wilson said world peace through education is a truism, and the world will benefit from more education and international exchanges. Ms. Balken, teacher at Edmonds School District, said she was extremely honored to be part of the U.S. delegation. She said the extent of friendship that was formed between the people associ- ated with the three schools in Japan and themselves was astounding to her. She said she was impressed how the Japanese perceived the U.S. as a country and as a people. Ms. Balken said she only found that the Japanese had a true openness and acceptance and genuine desire to get to know the U.S. delegation on an individual basis. Ms. Balken sai.d Edmonds School District is very excited about expansion of the exchange pro- grams for students and teachers. Ms. Balken related to the Council that she had lost her purse on the train in Tokyo, Japan. She said her purse was located within twenty minutes and retrieved within an hour. Mr. Sherman, Board of Trustees, Edmonds Community College, said he has lived abroad for twenty years and has spent twenty-five percent of that time in the Far East. Mr. Sherman said Americans do not realize the deep commitment of friendship that the Japanese have when they form such a relationship. Mr. Sherman related a story about the trip he and his wife, who is a school teacher at Alkai Elementary School, had made to Japan. He said his wife presented twenty-two letters from each of her students to the Japanese children. They, in turn, sent hundreds of letters and gifts to her classroom through the mail. Mr. Neils.en said approximately three hundred exchange students attend Edmonds Community College on an annual basis. Very often during the course of the students' stay in the U.S. their fami- lies will visit them at least once. lie said forty-two students from different countries partici- pate in the exchange program and Japan is the largest participant. Mr. Neilsen said Japan is unique in its customs in that they form deep and very warm and lasting relationships. He cau- tioned the Council to take the sister city relationship very seriously. He said the City could expect that its Japanese counterparts will very.likely want to visit Edmonds frequently if the relationship is formed. Mr. Neilsen invited the Council and public to an evening of entertainment sponsored by the international students on April 24, 1987 at the Nile Country Club. Tickets for adults are $12 and students are $10. Councilmember Hall expressed her appreciation to the Board members and staff for sharing their experiences with the Council. She said she could identify with.them because she was a housemoth- er to many foreign students. Councilmember Kasper recalled that a sister city relationship had been pursued in the past but to no avail. He noted that there was presently pending a relationship with Japan. Mayor Pro Tem Wilson said Hekinan has expressed a definite interest in Edmonds and a decision will be forthcom- ing. Mr. Neilsen recommended that the Council, as a whole, schedule a trip to Japan. Mr. Neilsen requested: 1) that the City consider co -sponsoring with the College a summer barbecue for the international students; and 2) a meeting be scheduled with the Council and Col- lege Board of Trustees to discuss overall goals. EDMONDS CITY COUNCIL MINUTES Page 9 APRIL 21, 1987 PROPOSED ORDINANCE 2608 AMENDING CITY CODE REGULATING SECONDHAND DEALERS' LICENSES Police Chief Dan Prinz reported that the current ordinance requires secondhand dealers to submit a copy of their paid personal property tax statement with their application for renewal as a means of tracking their inventory. The inventory is no longer shown on the return, and there is no longer a reason to retain that portion of the ordinance. Chief Prinz said Staff recommends passage of the amended ordinance as recommended by the Public Safety Committee. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ADOPT PROPOSED ORDINANCE 2608 AMENDING THE CITY CODE REGULATING SECONDHAND DEALERS' LICENSES. Councilmember Kasper inquired about other regulations governing secondhand dealer licenses. Chief Prinz said there are regulations that no one under eighteen years of age may purchase arti- cles; articles purchased for resale must be reported to the Police Department within a specified period of time; articles for resale must be retained for a specified period of time, as well as other regulations. Councilmember Kasper inquired if the Police Department maintains an inventory of secondhand articles. Chief Prinz replied affirmatively. Councilmember Hall inquired if retailers are considered as secondhand dealers if they retain only two or three secondhand items. City Attorney Scott Snyder replied affirmatively. Councilmember Hall inquired if a dealer would be considered as a secondhand dealer if he/she displayed an an- tique for display purposes only but sold it because a good price was offered. Chief Prinz said the retailer would not encounter problems with the Police Department if only a few secondhand items were sold. Councilmember Jaech inquired if any vendor within the City limits who sells any used merchandise is considered as a secondhand dealer. Chief Prinz said there are exceptions, i.e., books. Councilmember Kasper inquired if furniture is considered as secondhand merchandise. Mr. Snyder replied affirmatively. Councilmember Jaech inquired how new articles would be classified if they were stolen. Chief Prinz said they would. be considered secondhand merchandise unless accompanied by a bill of sale from the dealer. MOTION CARRIED. DISCUSSION REGARDING MANDATORY PARTICIPATION IN MEET TRUST Administrative Services Director Art Housler noted that the MEBT Committee has been uncertain as to whether Council participation in the Plan is voluntary or mandatory. Councilmember Kasper inquired if the Council could change its form of participation at any time. Mr. Housler replied affirmatively. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO LEAVE COUNCIL PARTICIPATION IN THE PLAN OPTIONAL. MOTION CARRIED. APPROVAL OF AMENDED 1987 CHARGES TO STEVENS MEMORIAL HOSPITAL FOR SECURITY SERVICES Police Chief Dan Prinz reported that prior to January 1, 1987, the City employed seven security officers. Three worked full time at the Port of Edmonds and three at the Hospital with one lead person working one-half time at both the Port and Hospital. The lead person supervised the other offices and filled in for sickness, vacation, etc. When the Port cancelled their contract, Chief Prinz said he inquired if the Hospital would expand their coverage to include the one-half time officer. They felt it would be appropriate if the City shared a percentage of the cost. The issue was discussed and a 10% participation was considered equitable. (The City participated with the Port at 25%.) Chief Prinz said Staff recommends that the Council authorize the Mayor to allow a 10% reduction in the cost of the contract with Stevens Memorial Hospital. Councilmember Hall inquired if the contract included policing of the hospital parking lot. Chief Prinz replied affirmatively. Mayor Pro Tem Wilson inquired who supervised the security officers. Chief Prinz said a lead person is employed at the hospital who supervises the officers. Mayor Pro Tem Wilson inquired if EDMONDS CITY COUNCIL MINUTES Page 10 APRIL 21, 1987 the officers participated in Police Department educational programs. Chief Prinz replied affirma- tively. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO AUTHORIZE THE MAYOR TO ALLOW A 10% REDUCTION IN THE COST OF THE CONTRACT WITH STEVENS MEMORIAL HOSPITAL. Councilmember Kasper inquired if any costs would be incurred by the City in connection with the contract. Chief Prinz replied affirmatively. He .said an expenditure of $12,000 will be in- curred, which will be derived from a savings realized from the 25% participation with the Port. MOTION CARRIED. Mayor Pro Tem Wilson adjourned the meeting at 10 p.m. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO REOPEN THE MEETING. MOTION CARRIED. PROPOSED ORDINANCE 2609 AMENDING LICENSING OF PUBLIC MASSAGE PARLORS AND PUBLIC BATH HOUSES Police Chief Dan Prinz reported that Ann Bouc, a licensed massage therapist working at Harbor Square Athletic Club, approached the Council in 1986 regarding the expansion of exemptions under the present massage ordinance. The City Attorney reviewed the ordinance and found some areas to be unenforceable due to unconstitutionality. It was his impression that the current ordinance was enacted to regulate "erotic" massage. However, due to lack of enforcement or violations, no such persons were currently licensed. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO APPROVE PASSAGE OF THE AMENDED ORDINANCE 2609. MOTION CARRIED. REVIEW PLANNING BOARD LIST OF POSSIBLE CODE AMENDMENTS COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO RESCHEDULE THAT ITEM TO A FUTURE AGENDA. MOTION CARRIED. MAYOR Mayor Pro Tem Wilson said an elderly man by the name of Sam Stam used to maintain the Overlook view point on Olympic View Drive. He recently passed away. Ninety-three citizens signed a peti- tion to honor Mr. Stam. Mayor Pro Tem Wilson read a letter into the record from Parks & Recrea- tion Division Manager Jim Barnes which stated, in essence, that the scenic area was maintained by Mr. Stam in good condition for several years but has not been maintained at that same level since his passing. He recommended that the existing bench berepaired, the upper area upgraded, the vegetation trimmed, and that a brass or bronze plaque in Mr. Stam's memory be installed on the bench rather than the installation of a sign. Mayor Pro Tem Wilson supported Mr. Barnes recommendation. Councilmember Dwyer recommended that the issue be further discussed at a work meeting to review the costs. Mayor Pro Tem Wilson recommended that the Community Services Committee review the issue. The Council concurred. COUNCIL Councilmember Dwyer recommended that Dr. Neilsen be invited to the June 16 dinner work meeting to continue the discussion regarding international exchange. Councilmember Kasper said it has come to his attention that a conditional use permit has been applied for for the ferry dock. He requested that the Community Services Committee provide the Council with data relating to that permit by next week. Councilmember Kasper inquired about the outcome of the meetings with the other jurisdictions involved in secondary sewer treatment. Community Services Peter Hahn said he provided the Coun- cil with a copy of the letter that he sent to those jurisdictions. He said a copy of the posi- tion paper that the City Council of Mountlake Terrace adopted last night was also provided to the Council. Mr. Hahn recommended that a discussion regarding those issues be scheduled on May 19, 1987 and that Mary Hughes of Yeasting & Hughes be invited to attend. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO DISCUSS THE AGREEMENTS WITH PAR- TICIPATING JURISDICTIONS ON MAY 19, 1981. MOTION CARRIED. Councilmember Kasper inquired about the outcome of the previous pursuit of a sister city relation- ship with Japan, Councilmember Nordquist said overtures were made to a city in Japan but was not pursued by that city. EDMONDS CITY COUNCIL MINUTES Page 11 APRIL 21, 1967 Councilmember Ostrom said he had distributed a letter to the Council that he wrote yesterday. He read it into the record as follows: "One of the great advantages is that we have very easy ac- cess to our City officials in Edmonds. Citizens can come in the City Hall and discuss matters of concern with City Staff members or even with the Mayor. It is puzzling, then, that someone should find it necessary to write me an anonymous note threatening me with bodily harm. Obvious- ly, there is some matter upon which someone disagrees with my opinions or actions which has aroused sufficient anger that the recourse seems to be to threats of violence and possibly vio- lence itself. What I find puzzling is this: If anyone cares to express an opinion on a matter being considered by the City Council, why not come down to one of our meetings and state that opinion? Or if there's a matter of disagreeing with my opinion, make that opinion known to me. It makes one question the motives of the threatener when that person does not take the opportuni- ty to come out in the open to discuss the issues of concerns. "Since there was an article in a local newspaper only two days before I received this mailed threat, it is difficult not to make the assumption that there is a connection to revelations in that article. "I will not attempt to conjecture as to who might resort to mailing anonymous threats to me due to my actions as a public official. I want you to know that to me this is a matter to be taken seriously. As a result, I've placed the matter into the hands of the Edmonds Police Department. and the Federal Bureau of Investigation. The reason the FBI is involved is that such threats against public officials are a violation of Federal law. "I am writing you to make sure that you are all aware that this incident has occurred and what my attitude and actions have been in relation to it". Councilmember Ostrom reiterated that someone has committed a crime by sending him that threaten- ing letter. Councilmember Dwyer said he supported the way that Councilmember Ostrom responded to that let- ter. He said the City must establish a standard procedure in responding to criminal actions against its officials. * Councilmember Jaech emphasized to the Police Department that it must consider threats of violence against City officials very seriously. Councilmember Jaech said she felt the conditional use permit that has been applied for at the ferry dock is premature and that the issue should be presented to the Council before any action is taken. The meeting adjourned at 10:23 p.m. These minutes are subject to April 28, 1987 approval. ACQ ELINE G. PARRETT, City Clerk JIL'ON, Mayor Pro ten, *See Council Ninutes of May 5, 1987 EDMONDS CITY COUNCIL MINUTES Page 12 APRIL 21, 1987