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06/19/1987 City CouncilTHESE MINUTES SUBJECT TO JUNE 39, 1987 APPROVAL v-� EDMONDS CITY COUNCIL MINUTES JUNE 9, 1987 (WORK MEETING) The regular meeting of the Edmonds City Council was called to order at 7 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 Jack Wilson, Council Pres. Steve Dwyer Laura Hall Jo -Anne Jaech Bill Kasper John Nordquist Lloyd Ostrom Scott Tracy, Student Re.p., CONSENT AGENDA Mary Lou Block, Planning Div. Mgr. Jim Barnes, Parks & Rec. Div. Mgr. Jack Weinz, Fire Chief Art Housler, Admin. Svc. Director Dan Prinz, Police Chief Bob Alberts, City Engineer Peter Hahn, Comm. Svc. Director Bobby Mills, Public Works Supt. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Items (B) and (C) were removed from the Consent Agenda. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The ap- proved items on the Consent Agenda include the following: (A) ROLL CALL (C) AUTHORIZATION TO SELL TWO SURPLUS POLICE VEHICLES (D) AUTHORIZATION FOR BUILDING AND GROUNDS SECTION TO PURCHASE SURPLUS AID CAR FROM FIRE DEPARTMENT ($5,000) (E) ADOPTED ORDINANCE 2622 FIXING COUNCIL SALARIES FOR COUNCILMEMBERS ASSUMING OFFICE ON OR AFTER JANUARY 1, 1988 (G) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING CITY COUNCIL DECISION DENYING APPEAL OF TOM PETROWITZ FOR PROPOSED VARIANCE AT 267 - 4TH AVE. S. (AP-6-87) P APPROVAL OF MINUTES OF JUNE 2, 1987 [ITEM (B) ON THE CONSENT AGENDA] Councilmember Ostrom made the following addition: page 2, paragraph 3, "Councilmember Ostrom felt this was a complete waste of rate payers' money". Councilmember Hall made the following correction: page 1, under "Approval of Minutes", she re- quested that the statistics that she referred to as stated by the Department of Ecology be includ- ed. They are as follows: "In 1987-88, we may get 50% funding but they're not sure after that. Therein, it may be only 30-40%, if that." Councilmember Hall read a memorandum from the City Clerk with the following corrections: the hearing caption on page 5, half way down the page, should read, "HEARING ON HEARING EXAMINER RECOMMENDATION TO AMEND THE OFFICIAL STREET MAP TO REDUCE THE PROPOSED RIGHT-OF-WAY OF 80TH PL. W., NORTH OF 212TH, FROM 35 FEET TO 25 FEET (ST-3-87/CITY OF EDMONDS; paragraph 4, page 5, which begins, "Mr. Bowman ..." should begin, "Ms. Block..." COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE MINUTES AS AMENDED AND CORRECTED. MOTION CARRIED. PROPOSED ORDINANCE 2623 AMENDING SUBDIVISION CODE TO ALLOW REVISIONS TO APPROVED SHORT SUB- DIVISITN_S_[_1T_E_M_.T_FJ ON THE CONSENT AGENDA Councilmember Jaech inquired about the difference in processing a short plat and a standard subdi- vision. Planning Division Manager Mary Lou Block said subdivision applications are heard by the Hearing Examiner and then by the Council, but short subdivision applications are reviewed at Staff level only unless appealed. She said improvement requirements are based on the number of lots rather than on the type of subdivision. Councilmember Jaech inquired if short plat applica- tions may. be submitted if the Council approves the ordinance, providing that the subdivision does not exceed four lots. Ms. Block said the ordinance was passed by the legislature and will become law whether the City adopts the ordinance or not. Councilmember Jaech inquired if one lot of a three -lot subdivision may be further subdivided for a total of four lots. Ms. Block replied affirmatively. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE ITEM (F). MOTION CARRIED. Council President Wilson introduced the new Student Representative, Scott Tracy from Meadowdale High School. Mr. Tracy said he would serve as student representative until September 2. He explained that he was absent from the last Council meeting because he was in a school play.. Councilmember Hall raised a point of order. She requested that an Executive Session be held to discuss a legal matter following the agenda. CWC/HDR TREATMENT PLANT MONTHLY REPORT City Engineer Bob Alberts said Gordon Culp of CWC-HDR was present to make a progress report on the predesign stage in accordance with the engineering agreement. He introduced Gordon Culp and Bud Benjes of CWC-HDR. Mr. Alberts said the Consultant Selection Committee has selected CH2M Hill to do the Value Engineering (VE) for the project. Mr. Benjes submitted a written monthly report to the Council. Mr. Culp said the predesign report will be completed in August. Part of the process is VE. He said an independent firm will review the work to insure that the design is, in fact, the most cost-effective design. Mr. Culp said the budget projections are on target. Approximately 27% of the project has been completed to date. He said the work schedule has been itemized into sixty-four tasks so that progress can be monitored very carefully. The schedule, he said, was extended thirty days as a result of the addition of the Pine Street study. Mr. Culp reviewed the work performed to date as follows: concept of consolidation of flows from various areas to one incoming pump station; physical inspection and field work related to outfall evaluation. Mr. Culp said it appears that the existing pipe between the plant and water can be aligned without constructing a second pipe down Dayton Street; sludge disposal report will be ,forthcoming in June; completion of initial analysis of construction staging options and traffic flow during construction; work on lidding and alternatives has commenced. Mr. Culp said geotechnical and field work for the Pine Street site has commenced, and the geotechnical work has been positive. He said a plant can be constructed on the site but the hatchery must be relo- cated. Mr. Culp said it will take approximately four weeks to receive appraisals on the property once authorization is given to make those appraisals. He suggested that the Council authorize that portion of the second phase in the interest of time. Councilmember Ostrom inquired what item #50 of the report was, Construction Costs, and how it related to the project. Mr. Benjes said construction costs were the major expenditure of over- all project costs. He said relatively detailed construction cost estimates can be made subse- quent to detailed layouts and preliminary structural calculations. Councilmember Ostrom inquired if the actual project cost can be projected by the middle of next month. Mr. Benjes replied affirmatively. Councilmember Jaech stated that the aesthetic features of the plant have not been addressed yet. She inquired how that issue will be factored into the project. Mr. Benjes said lidding evalu- ation will commence in June. Mr. Culp said a percentage of the basic engineering groundwork will be done before the aesthetic features are discussed. Councilmember Hall inquired about the noise impact. Mr. Culp said the overall noise level will not be any greater than the noise level at the present time and will probably be less. Council - member Hall inquired if the noise impact would be lessened if the plant was constructed at a different site than the present plant. Mr. Culp said most noise sources are within structures, and the impact can be controlled with the type of material that is used to build that structure. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO AUTHORIZE STAFF TO COMMENCE WITH PROPERTY APPRAISALS. Mayor Naughten inquired if the motion included both sites. Councilmember Kasper replied affirmatively. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER HALL, COUNCILMEMBER NORDQUIST, COUNCILMEMBER KASPER, AND COUNCILMEMBER WILSON IN FAVOR; COUNCIL - MEMBER DWYER, COUNCILMEMBER OSTROM AND COUNCILMEMBER JAECH OPPOSED. EDMONDS CITY COUNCIL MINUTES Page 2 JUNE 6, 1987 COUNCIL DELIBERATION ON HEARING EXAMINER RECOMMENDATION TO AMEND THE OFFICIAL STREET MAP TO REDUCE THE PROPOSED RIGHT-OF-WAY OF 80TH PL. W., N`aRTH OF 21 TH FROM 35 FEET TO 25 FEET ST-3-8 /CIT OF DM NDS FROM JUNE 2 Planning Division Manager Mary Lou Block reported that the Engineering Division has prepared a U i drawing, at the request of the Council, reflecting the existing street and parking conditions along 80th Pl. W., north of 212th St. S.W., which was included in the Council packets. Councilmember Kasper inquired how many dwelling units and parking stalls were located on 80th Pl. W. Planning Division Manager Mary Lou Block replied 37 units and 58 parking stalls. Councilmem- ber Kasper expressed concern regarding the density on 80th P1. He inquired if the side yard setback of properties could be reduced rather than the right-of-way. Mr. Block said only four units could be developed rather than the five planned if the side yard setback was reduced. Councilmember Kasper inquired if the City was precluded from making an exemption to the Code with respect to density. City Attorney Scott Snyder said several of the variance criteria could not be met, and if a variance was granted a special privilege would also be granted. Councilmember Kasper inquired if any structures were located within the 25 foot right-of-way. City Engineer Bob Alberts said a parking strip exists on the east and west sides, properties surrounded by fences, large trees and landscaping, and power poles exist within the right-of-way. Councilmem- ber Kasper inquired if the Fire Department has reviewed the proposed amendment. Mr. Alberts replied affirmatively. Mr. Alberts showed slides of the subject property. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO ADOPT THE HEARING EXAMINER'S RECOMMENDATION TO AMEND THE OFFICIAL STREET MAP TO DELETE THE DEDICATION REQUIREMENT AND SUBSTI- TUTE THE REQUIREMENT FOR A TEN FOOT PEDESTRIAN AND UTILITIES EASEMENT. Councilmember Kasper clarified that no other alternative was available but to reduce the right- of-way. MOTION CARRIED. COUNCIL DISCUSSION OF PROPOSED INCREASE IN WATER/SEWER RATES IN CONNECTION WITH SECONDARY SEWER t ",y NIr ^ TREATMENT PROJECT FROM APRIL 21 PUBLIC HEARING 1.�'" Councilmember Wilson said he felt the rates should have been increased in the past and was in favor of doing so at the present time. Councilmember Hall expressed concern regarding the unsigned contracts with the participating agencies and the effect of those contracts on rates. Community Services Director Peter Hahn said negotiations are going very well with those agencies, and the contracts would have no effect on rates. Councilmember Hall inquired if data has been gathered regarding the impact of the con- tracts to rates. Mr. Hahn replied affirmatively. Councilmember Hall inquired when that informa- tion would be made available to the Council. Mr. Hahn said the Council received that information at the March retreat in a report from Mary Hughes. Councilmember Hall requested that more con- crete information be made available. Mr. Hahn said the rates have been projected based on the agreements with the participating agencies, and that information was included in the report from Ms. Hughes. Councilmember Hall said Ms. Hughes' project was outdated. She inquired how rates could be projected at this time when they should have been increased a year ago. Mr. Hahn said refined project rates are forthcoming, but he noted that precise needs of the project will not be known for some time. Councilmember Kasper said he felt the Council was being "stonewalled". He said the council should vote to increase rates to at lease cover costs to the end of this year. Administrative Services Director Art Housler said Staff would be willing to project a rate structure for in- creased rates when the Council instructed them to do so. Councilmember Hall concurred with Councilmember Kasper that the Council has been stonewalled. She requested that a rate structure be provided to the Council. Mayor Naughten said it was not Staff's responsibility to initiate the formulation of a rate structure. He said the continuation of the discussion that evening from a past meeting was a directive of the Council. He noted that the Council has had data available to them since the retreat as well as other information. He inquired why the Council insisted that they did not have information available to them. Councilmember Kasper inquired what rate structure would be necessary to fund the project to date. Mayor Naughten said data has indicated that sufficient funds are in reserves to fund the project to date. Mr. Hahn confirmed that the 1987 expenditure for water and sewer projects is EDMONDS CITY COUNCIL MINUTES Page 3 JUNE 6, 1987 supportable by the present rates. He said the report submitted by Mary Hughes projected rates through the year 2002. Councilmember Kasper said rates will have to be increased beyond what has been projected because an increase has not taken place yet. He inquired what a reasonable rate would be at the present time. Mr. Hahn reiterated that the figures in the Hughes report fully fund the entire construc- tion project as well as ongoing sewer projects. Councilmember Dwyer said he did not recall a majority of the Council voting in favor of a propos- al to raise rates in March of 1988. He said citizens revealed in a survey that they desired to pay later, and the Council has done nothing to change that direction of the project by a majority vote. Councilmember Ostrom said he felt it was unfair to "jump all over Staff" because the Council has given them no direction. , He said "someone was trying to turn this into another political flip -all for some reason". He suggested that the Council submit a motion for a percentage in- crease. Councilmember Jaech said tapes of the retreat will reveal that the Council directed Staff to provide them with figures for a rate increase. She expressed concern that sufficient information regarding all aspects of the project was not available and, thus, she would not be able to vote on any rate increase proposal at the present time. Councilmember Kasper said that whatever rate increase was proposed that "you're still going to be behind so by waiting you're accomplishing nothing". Mr. Hahn said the total sewer bill will be $18.70 in 1992 as opposed to present day rates of $7.46, assuming a 30% grant is available from the State. Councilmember Wilson said he did not believe that the issue of rate increases was politically motivated. He noted that Mary Hughes had stated in the past that it would be in the best inter- est of the City to raise rates as early as possible. Councilmember Wilson said a modest increase would be appropriate. He said it was not in the best interest of the relationship between Staff and Council for the Council to demean Staff. He said he did not believe the Council has given Staff clear directive with respect to a rate increase. Mayor Naughten suggested that the issue be discussed at a public hearing if the Council proposed a rate increase. Councilmember Dwyer noted that this discussion was a continuation of a recent public hearing and very few citizens attended. Mr. Hahn suggested that the hearing be scheduled subsequent to the receipt of the most recent construction cost figures, which would be in July. Councilmember. Hall inquired of Council President Wilson what date was available to set a hearing. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO NOT CONSIDER ANY RATE INCREASE TO BE EFFECTIVE PRIOR TO FEBRUARY 1988. Council President Wilson said July 14 was available. Councilmember Dwyer requested that discus- sion be directed towards the motion. Mayor Naughten called for the question on the motion. Councilmember Hall raised a point of order. She said she objected to the motion because she was waiting for a reply from Council President Wilson and Staff. Mayor Naughten noted that she had received that information already. Councilmember Hall inquired if the Mayor's action was appro- priate. City Attorney Scott Snyder said the issue was purely a parliamentary question for the Mayor to rule on. A ROLL CALL VOTE WAS TAKEN. MOTION FAILED WITH COUNCILMEMBER DWYER AND COUNCILMEMBER OSTROM IN FAVOR; COUNCILMEMBER HALL, COUNCILMEMBER JAECH, COUNCILMEMBER KASPER, COUNCILMEMBER NORDQUIST, AND COUNCILMEMBER WILSON OPPOSED. Councilmember Jaech suggested that the hearing be scheduled on July 21 after receipt of informa- tion from Staff. Council President Wilson suggested that Council discussion continue on July 14. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO SCHEDULE A PUBLIC HEARING ON JULY 21, 1987 TO DISCUSS RATE INCREASES AND THAT STAFF PROVIDE THE COUNCIL WITH ADDITIONAL INFOR- MATION ON JULY 7, 1987. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER HALL, COUNCILMEMBER JAECH, COUNCILMEMBER KASPER, COUNCILMEMBER NORDQUIST, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER DWYER AND COUNCILMEMBER OSTROM OPPOSED. Mr. Alberts reiterated that negotiations with the participating agencies have been favorable. He said Staff hopes to present a statement of understanding between the City and two major EDMONDS CITY COUNCIL MINUTES Page 4 JUNE 6, 1987 agencies which will establish their rate structure. He said if the statement of understanding is acceptable to all parties, the participating agencies will fund their percentage of the engineer- ing costs immediately. CONSIDER GIFT OF TOTEM POLE TO CITY FROM EDMONDS HISTORICAL SOCIETY Mayor Naughten reported that the City has been offered a gift of a totem pole by the Historical Society. The pole was donated to the Society by Totem Fish N' Chip Restaurant in December 1985. The pole dates back to 1939. The pole is 30 feet in length and has been completely refurbished and painted. The pole can be seen at the Edmonds Lumber Yard. The City, Arts Commission, and the Society have agreed on a location to erect the pole which is approximately 40 feet west of Peter Hahn's office on the grass in front of the pine tree. The Historical Society's 250 members are enthusiastic about donating the totem pole to the City. The Society feels that the totem pole represents part of the area's earlier history and its na- tive American culture. Douglas Egan, founder of the Historical Society, said the pole was acquired by the Society in December 1985 from Mr. Gary Card as a gift. From carvings at the base of the pole, it is be- lieved the pole was carved and erected in Seattle in 1939. It was purchased by Mr. Card in 1976 and erected at 9910 Edmonds Way where it stood for 10 years. The carvings include those of flow- ers, fish, birds, and animals relating to the Northwest. It differs somewhat from the well known Alaska and British Columbia poles and is original in design. The pole was carved from a piece of red cedar measuring 18 inches at the base and tapering to approximately 12 inches at the top. Mr. Egan said the Society would like the pole to be erected for public viewing and has offered it to the City of Edmonds for that purpose. Councilmember Ostrom inquired if the Society knew who carved the totem pole. Mr. Egan replied negatively. He said the name "George" is carved on the pole, which is a common name amongst Indians. He said Don McQuade, Northwest Indian Tribal Council, has inspected the pole and be- lieves it should be preserved. Councilmember Ostrom inquired if the pole could be erected near the museum or Chamber office. Mr. Egan said those locations were considered but sufficient room is not available. He noted that the Arts Commission disapproved of locating the pole in the triangle by the museum. Councilmember Jaech inquired if the triangle by the ferry terminal was considered. Mr. Egan said the Arts Commission was not enthusiastic about that location, either. Mayor Naughten said the Arts Commission felt that the pole should be placed in a natural setting because they consider it an item of color and interest rather than a work of art for public display. Councilmember Hall said she disagreed with the Arts Commission. She questioned why the pole was restored just to "hide it". She inquired if the name Doug Kunkel was inscribed at the base of the pole. Mr. Egan said he did not believe so. He said a number of names had been carved on the pole but were illegible due to wear and tear over time. Mr. Egan said people who have been con- nected with the pole in past years were consulted but were unable to provide additional informa- tion. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER NOROQUIST, TO ACCEPT THE TOTEM POLE AS A GIFT AND APPROVE $500 FOR INSTALLATION COSTS. MOTION CARRIED. REVIEW OF POTENTIAL REVENUE SOURCES 1 Mayor Naughten said he attended a seminar in San Antonio, Texas which focused on seventeen ways to raise revenue for cities. He said he purchased a tape of the seminar and has outlined the information and provided that information to the Council. Mayor Naughten said a key point of interest was the development of a financial plan to analyze the choices a city might have for non -property tax sources of revenue and only impose new taxes if property taxes are relieved. Councilmember Wilson expressed interest regarding the storm drainage utility. Mayor Naughten said Staff has requested that that information be forwarded to the City. Councilmember Ostrom reiterated that citizens should be encouraged to purchase their automobile licenses from the City rather than out of town so that the excise tax remains within the City. Councilmember Wilson said if citizens were made aware of sources of revenue to the City and en- couraged to spend their dollars in the City, they would alter their spending habits and purchase items from local businesses. EDMONDS CITY COUNCIL MINUTES Page 5 JUNE 6, 1987 Councilmember Dwyer inquired if the items listed in the December 8 memorandum, with the exception of B & 0 taxes, were General Fund items. Mr. Housler replied affirmatively. Councilmember Dwyer noted that there was a potential source of revenue of $148,000 listed in the memorandum. City Attorney Scott Snyder reported that the legislature has added another item for a possibTe source of revenue, municipal transportation districts, which authorizes cities to impose charges on such developments as the construction of a multi -residential apartment to cover the cost of off -site improvements to the road system. Mr. Snyder said information will be provided to the Council as part of the legislative update. Councilmember Dwyer inquired about the potential revenue source via the Library District. Mr. Housler said that concept was abandoned because it would be more costly to property owners. Council President Wilson said the revenue list will be expanded and included as part of the infor- mation for the budget process. REVIEW PROPOSED SOLUTION FOR MEADOWDALE AREA ROAD LOCATION/LEGAL DESCRIPTION DISCREPANCIES City Engineer Bob Alberts reported that the City, property owners in the Meadowdale area, and survey companies have been aware for years that there are survey control problems along 75th Pl. W. between 156th St. S.W. and 164th St. S.W. Generally speaking, the street right-of-way for 75th Pl. W., 74th P1. W. (unopened), and adjacent property descriptions do not necessarily match _the physical improvements, streets, and structures built in the area. Staff has been working with property owners to determine a solution to the problem, as outlined in the January 23, 1987 Community Services Committee memorandum and January 27, 1987 minutes. The resolution to the problem is to establish a new center line for 75th Pl. W., establish a 40 foot right-of-way, and do an area -wide trade, swap, vacation, or dedication of properties. To resolve problems with 74th P1. W., access easements to the properties would be provided and 74th Pl. W. would be vacated. This concept would require the approval and cooperation of every proper- ty owner affected, including the City. The property owner most involved in resolving this problem has been Mr. Roger McCorkle. It is Staff's understanding that Mr. McCorkle will bear all costs to survey the street, prepare all legal documents, and insure that all documents are executed. Mr. McCorkle would like, in re- turn for his costs to date and costs to solve the problem, a 40 foot strip of unused right-of-way approximately 683 feet in length located between his property and the 75th P1. W. right-of-way. Although the 40 foot strip would not be used for widening 75th Pl. W., the Community Services Committee felt this property should be held for the public. Mr. Alberts said Mr. LeRoy Middleton of Reid, Middleton & Associates has been Staff's advi- sor on this project. Staff would request that Mr. Middleton continue to be the City's advisor and that the Council authorize $2,000 from the Engineering Professional Services Budget to contin- ue the project. The City has expended approximately $1,400 to date on the project. It is Staff's recommendation that the Council approve the plan to accept and vacate right-of-way for 75th Pl. W. to conform to the actual location of 75th Pl. W., vacate 74th P1. W., north from 164th St. S.W. to North Meadowdale Road in exchange for easements, and authorize $2,000 for consultant fees. Mr. Alberts reviewed a vicinity map of the subject property on the overhead projector, as well as a topography map which depicted the subject road and existing structures. Councilmember Ostrom inquired if all property owners were in agreement with the proposed resolu- tion. Mr. Alberts said Staff was unsure. He noted, however, that part of the proposal, if Coun- cil concurs, is that the property owners conduct the necessary leg work. Mike Lantz, lots 3 and 4, Block 28, Meadowdale Beach, clarified that the proposed resolution does not affect his property. Mr. Lantz said a survey was conducted last year at the expense of the property owners to deter- mine the lot lines and corner points. He said the road encroaches on approximately thirteen properties. Mr. Lantz said it has been the consensus of the Citizens Committee to do deed swaps to resolve the issue in the most efficient and cost-effective manner. He noted that a swap is not possible for several properties south on 75th. He asked the Council to bear in mind that a deed was given to the City for the square footage involved for the road and suggested that the Council consider the granting of a variance on lot sizes for building purposes at a future date, if necessary. EDMONDS CITY COUNCIL MINUTES Page 6 JUNE 6, 1987 Mr. Lantz said the neighborhood was concerned that the Community Services Committee has contem- plated building a view site in the neighborhood. Mr. Lantz said the area is not geared for a high traffic area and, in addition, the Building Department could not issue a building permit to build a retaining wall due to the severity of the slope. Councilmember Kasper inquired how much footage Mr. McCorkle would gain if the resolution was approved. Mr. Lantz replied one lot, noting that the gain would not be one lot in itself but a percentage that would constitute the square footage of one lot. City Attorney Scott Snyder said, in his opinion, that little liability lay with the City regard- ing the configuration of 75th P1. W. He said the proposal would, however, resolve a problem that affects possibly 100 property owners in the vicinity with relatively minor administrative costs. He said many property owners, because of the way the road meanders, find themselves with substan- dard, nonconforming lots. Mr. Snyder said there are four components in coordinating the proposed resolution: 1) establish escrow arrangements so as residents obtain deeds for realignment from property owners and those deeds would be executed, 2) the City would begin to process a vacation ordinance that would encom- pass the sites for vacation, 3) the City would process amendments to the Official Street Map as well as variances for the substandard lots, 4) the City would approve vacations, amendments to the Master Street Map, variances, and authorize the release and recordation, upon the effective date of the ordinance, of deeds that had been escrowed. Councilmember Jaech inquired if Mr. Snyder agreed with Staff's recommendation. Mr. Snyder said that the proposed resolution was an opportunity for the City to do something positive for those residents. Councilmember Ostrom inquired if the problem adjacent to Mr. McCorkle's property would remain unsolved even if the roadway issue was resolved. Mr. Snyder replied affirmatively. Councilmem- ber Ostrom said he believed that an ordinance exists which establishes the value of the 40 foot right-of-way. Mr. Snyder concurred. Councilmember Ostrom said in light of the ordinance, there was very little leeway with respect to the issue unless the cost of the survey was commensurate with the value of the right-of-way. Mr. Snyder said the ordinance could always be amended, or Council could authorize a reduced amount when dedications come from one tract of land. Mr. Sny- der noted that citizens feel strongly that, because of the extent of Mr. McCorkle's involve- ment, that Mr. McCorkle should receive compensation for his efforts. Councilmember Ostrom inquired about the value of the right-of-way. Mr. Snyder said the north part of lot 6 up to the boundary is virtually worthless except to Mr. McCorkle because public improvements cannot be made there. Councilmember Kasper inquired if it has been considered for trail usage. Mr. Snyder said to safely build in that area would require the removal of earth which would cut off access to the road. In addition, soils engineers recommend that areas intended for trails or other activities related to nature remain in its native growth state. Councilmember Ostrom inquired about the cost of the survey and value of the right-of-way. Mr. Snyder said the maximum value would be approximately $28,000, noting that lots 1 through 6 are virtually unbuildable. He said the value of the right-of-way would be limited, then, to lots 7 through 10, which would be valued at approximately $10,000. Mr. Snyder said if Staff had undertaken the efforts that Mr. McCorkle has engaged in, their time could be valued at $5,000 or more. Mr. Alberts surmised that another survey which needs to be made would cost between $15,000 and $20,000. Councilmember Nordquist noted that a swap involving the north end occurred in past years. He inquired how that parcel related to the resolution. Mr. Lantz said he understood that that par- cel would belong to the property owner to the north. Mr. Lantz said the original survey cost approximately $25,000, which was absorbed by the individu- al property owners. He said that survey was accomplished solely through the efforts of Mr. McCorkle. Mr. Lantz said he personally believed that Mr. McCorkle has earned that 40 foot strip. Mr. Snyder said there are a wide range of potential solutions that could give the City additional park -like property or maintain park facilities in the Seaside Avenue area that would still allow Mr. McCorkle to recapture that area in his subdivision and still vacate the area adjacent to 75th Pl. W. Mr. Snyder noted that City ordinance provides that if property was originally dedicated by the individual, as was that additional property, compensation is not necessarily required. Councilmember Ostrom requested that a proposal be presented to the Council that includes assessed property values, the survey cost, as well as other related costs. EDMONDS CITY COUNCIL MINUTES Page 7 JUNE 6, 1987 Councilmember Kasper said the swap appeared to be feasible. i.e inquired if that area was gov- erned by the Shoreline Management Act. Planning Division Manager Mary Lou Block replied affirma- tively. Councilmember Jaech said she agreed with the suggestions made. She expressed concern regarding the extent of Mr. Snyder's involvement in comparison with Staff's involvement. Mr. Snyder clari- fied that he was heavily involved in discussions that evening because he has sat with the Commit- tee as the Mayor's appointee. Mr. Hahn said Staff was supportive of the survey issue, and the remaining issue was legalities. Councilmember Dwyer inquired what the $2,000 figure on the agenda memorandum represented. Mr. Alberts said that amount, if approved, would be utilized for consultant fees. Mr. Alberts said the public was interested in ascertaining whether the right-of-way was held in interest by the City as view property or if the City was willing to exchange it. Councilmember Ostrom noted that that property could only be exchanged for a like piece of property according to the Shoreline Management Act. Ms. Block clarified that that 40 foot strip was not included under that Act. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO AUTHORIZE $2,000 FOR CONSULTANT FEES. PRESENTATION OF PROPOSED SETTLEMENT IN LAKESHORE DEVELOPMENT LITIGATION City Attorney Scott Snyder reported that by shifting the proposed driveway on 212th St. S.W. to the extreme easterly property line, it would then permit full use of the center two -way -left -turn lane for vehicles exiting the property and proceeding eastbound on 212th St. S.W. The effective use of this same two -way -left -turn lane for left turns into the site by vehicles traveling eastbound would be limited by the close proximity of the sign marking the west end of the turn lane. Only one full-size car could feasibly maneuver into a safe position out of the eastbound travel lane. Providing a raised island around the sign marking the turn lane and extending approximately 75 feet toward the intersection would be desirable. The cost of providing that improvement would be less than $1,000. Mr. Snyder said the developer does not wish to cut off access at his own expense. He said there are ways to pursue the .issue rather than by arguing that would be less costly. He suggested, if the Council desired to discuss the issue in detail, that they do so during the Executive Ses- sion. The Council desired to continue the discussion during the Executive Session and reconvene the meeting to render a decision. Q� MAYOR y' Mayor Naughten requested confirmation of Bill Mathias as the alternate member to the Planning Board. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER JAECH, TO CONFIRM MAYOR NAUGHTEN'S APPOINTMENT OF BILL MATHIAS AS THE ALTERNATE MEMBER OF THE PLANNING BOARD, TERM TO EXPIRE•DECEM- BER 31, 1989. MOTION CARRIED. Mayor Naughten said the Sherwood annexation meeting at Sherwood Elementary School was inter- esting. He said the residents were friendly.. Mayor Naughten announced that the Beach Dance was cancelled due to poor weather conditions but has been rescheduled on June 15th at the beach. Mayor Naughten said he received a call from Universal Studios in California. They wish to film a mini-series in Edmonds entitled "A Year in the Life". Mayor Naughten announced that the cemetery sold 425 lots to date totalling $63,750 in revenue. COUNCIL Council President Wilson inquired of volunteers of Staff and Council to represent the City on Thursday night at 7 o'clock in a ball game as part of the Meadowdale Playfield dedication. Coun- cilmember Dwyer, Mayor Naughten, Art Housler, Peter Hahn, Dan Prinz, Jack Weinz, and Scott Snyder volunteered. Council President Wilson read a letter he received from the Edmonds Arts Festival Council into the record. The Arts Council enclosed parking permits for the area between the library and the Anderson Center. June 14th at 3 p.m. was scheduled for the Council and Mayor to select the City's purchase of art. Council President Wilson inquired about the amount of expenditure the Council wished to allocate for an art piece, and he suggested $500. The Council concurred and asked what had been budgeted. Administrative Services Director Art Housler noted that $1,000 had been budgeted. EDMONDS CITY COUNCIL MINUTES Page 8 JUNE 6, 1987 Council President Wilson noted that a work dinner meeting was scheduled on June 16th. He in- quired what the Council's pleasure was with regard to that meeting, considering that several Councilmembers would be out of town. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO RESCHEDULE THE WORK DINNER MEETING TO JUNE 15. A ROLL CALL VOTE WAS TAKEN. COUNCILMEMBER JAECH AND COUNCILMEMBER OSTROM ABSTAINED. Councilmember Ostrom noted that the City Attorney provided the Council with information stating that any one Councilmember could refrain from vot- ing if they so desired. Councilmember Jaech and Councilmember Ostrom said they abstained from voting because it did not matter to them. MOTION FAILED WITH COUNCILMEMBER HALL AND COUNCILMEM- BER KASPER IN FAVOR; COUNCILMEMBER DWYER, COUNCILMEMBER NORDQUIST, AND COUNCILMEMBER WILSON OP- POSED; COUNCILMEMBER JAECH AND COUNCILMEMBER OSTROM ABSTAINING. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO CANCEL THE MEETING ON JUNE 16. A Il�ROLL CALL VOTE WAS TAKEN. MOTION FAILED WITH COUNCILMEMBER JAECH AND COUNCILMEMBER OSTROM IN FAVOR; COUNCILMEMBER DWYER, COUNCILMEMBER KASPER, COUNCILMEMBER NORDQUIST, AND COUNCILMEMBER WILSON OPPOSED; COUNCILMEMBER HALL ABSTAINING (because it did not matter to her). Councilmember Nordquist said he and Councilmember Hall attended a Health Board meeting that after- noon. He said the most prominent and alarming problem at the Health District is a rising inci- dence of AIDS in the County. Councilmember Dwyer said the Architectural Design Board occasionally imposes restrictions on applications before them that require a variance. He requested that the Council review that policy. He said he received a memorandum from the City Attorney recently with respect to employ- ees who work on the fire/rescue boat and being uninsured. He requested that that memorandum be distributed to Councilmembers and Staff and that Staff discuss the issue and submit a report at the Public Safety meeting on June 23. He also requested that a report regarding the issue of the fire station at Five Corners be submitted to the Public Safety Committee on June 23. Councilmem- ber Dwyer referred to the memorandum from the City Clerk regarding handbills and handbill licens- es for political candidates. He suggested that door bell activity for political campaigns be exempted before the end of the filing period in July. Councilmember Hall inquired if the Advisory Committee that the Mayor appointed will report direct- ly to him and then the Mayor will relay that information to the Council. Mayor Naughten replied affirmatively. V Councilmember Hall pointed out that Dr. Charles LaWarn of Meadowdale High School has been hon- ored with the designation of "Best Teacher of the Year" in the State of Washington. She request- ed that the Council President write a letter to Dr. LaWarn in recognition of his accomplish- ments. She noted that Dr. LaWarn's son was hired this summer to maintain the Library Plaza Room. Council President Wilson also noted that a resident of Edmonds has been designated as "Psychologist of the Year". Councilmember Hall noted that the Health District is considering a proposed increase in rates. She said she had information that she would provide the Council with respect to that issue as well as a possible relocation of the Health District. Councilmember Jaech requested that she be supplied with the minutes of the Council retreat. Councilmember Jaech said the Public Safety Committee will be discussing SnoCom emergency calls, which emerged as a result of the fire on Walnut Street. She requested that information be sent to the people who attended the hearing regarding that issue. Councilmember Jaech requested a new copy of the City Code, as did Councilmember Hall. Councilmember Jaech requested that Staff provide the Council with background information regard- ing a provision with respect to the waiver of required parking spaces of new developments via a notarized letter from the developer stating that a percentage of the tenants will not require on -site customer parking. Councilmember Jaech inquired if the position at the treatment plant has been filled. Community Services Director Peter Hahn replied affirmatively. Councilmember Jaech inquired why all of the typewriters in City Hall are being replaced simultane- ously. She said it was her understanding that there was an amortization schedule. She requested that information be provided to the Council. Councilmember Jaech said the Council will participate in the 4th of July parade. The City has provided a truck for the Council. She requested Councilmembers to inform her by next week if they plan to participate. EDMONDS CITY COUNCIL MINUTES Page 9 JUNE 6, 1987 Councilmember Kasper inquired about the expenditure for the Union Oil marsh and hatchery. Plan- ning Division Manager Mary Lou Block said the City received the CZM grant for 1987, and all ork must be completed by the end of June. The two elements were rehabilitation design work for he stream in the Union Oil marsh at a cost of $1300 and trail improvement design for the Yost Park/Shell Creek Basin pathway at a cost of $1400. She said two entities have been selected to perform the work, William Way of Watershed Company and Miles Hanchett of Quest Northwest. Ms. Block requested authorization to proceed with the improvements. COUNCILMEMBER DWYER MOVED, SEC- ONDED BY COUNCILMEMBER NORDQUIST, TO AUTHORIZE STAFF TO PROCEED WITH THE IMPROVEMENTS AND HIRE THE WATERSHED COMPANY AND QUEST NORTHWEST TO PERFORM THE WORK. MOTION CARRIED. The meeting recessed to an Executive Session at 9:50 p.m. to discuss a legal matter and recon- vened at 10:05 p.m. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO REOPEN THE MEETING. MOTION CAR- RIED. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE SETTLEMENT WITH REGARD TO THE LAKESHORE DEVELOPMENT (ITEM #8) AS RECOMMENDED BY THE CITY ATTORNEY. MOTION CARRIED WITH COUNCILMEMBER NORDQUIST OPPOSED. The meeting adjourned at 10:06 p.m. These minutes are subject to June 30, 1987 approval. ACQdELINE G. PARRETT, City Clerk t LARRY S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 10 JUNE 6, 1987