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03/17/1998 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES MARCH 17, 1998 Following a Special Meeting at 6:30 p.m. to interview candidates for the Arts Commission and the Library Board, the Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Barbara Fahey in the Library Plaza Room, 650 Main Street. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Barbara Fahey, Mayor Gary Haakenson, Council President Dave Earling, Councilmember John Nordquist, Councilmember Michael Plunkett, Councilmember Jim White, Councilmember Dick Van Hollebeke, Councilmember Thomas A. Miller, Councilmember ALSO PRESENT Lisa Shin, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Michael Springer, Fire Chief Robin Hickok, Police Chief Paul Mar, Community Services Director -Cindi Cruz, Executive Assistant Art Housler, Administrative Services Director Jeff Wilson, Planning Supervisor James Walker, City Engineer Scott Snyder, City Attorney Lynne Hann, Deputy City Clerk Jeannie Dines, Recorder COUNCIL PRESIDENT HAAKENSON . MOVED, SECONDED BY COUNCILMEMBER ddition to Benda EARLING, TO ADD "RECONSIDERATION OF THE VOTE ON THE PROPOSED AMENDMENT TO ECDC PERTAINING TO THE REGULATIONS GOVERNING THE LOCATION OF COMMUNITY FACILITIES IN SINGLE FAMILY (RS) ZONES" TO THE AGENDA. Councilmember Plunkett said a vote to reconsider must be taken at the next regularly scheduled meeting. City Attorney Scott Snyder agreed that a "vote to reconsider must take place before the close of the meeting or at the next regularly scheduled meeting. He noted there are no statutory regulations, the Council is only bound by its own rules. COUNCILMEMBER WHITE MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO SUSPEND THE RULES. MOTION CARRIED. Mr. Snyder clarified the only action the Council could take tonight was to reconsider and then set a public hearing for a future date. MOTION (TO RECONSIDER) CARRIED. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR APPROVAL OF THE AMENDED AGENDA. MOTION CARRIED. Edmonds City Council Approved Minutes March 17, 1998 Page 1 2. CONSENT AGENDA ITEMS COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCIL PRESIDENT HAAKF.NSON, FOR APPROVAL OF THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED. The agenda items approved are as follows: (A) ROLL CALL pprove Minutes (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF MARCH 10, 1998 pprove Claim (C) APPROVAL OF CLAIM WARRANTS #21430 THRU #23789 FOR THE WEEK OF Warrants MARCH 9,1998, IN THE AMOUNT OF $353,532.29 6 Ave. W/ (D) REPORT ON BIDS OPENED MARCH 5, 1998, FOR THE CONSTRUCTION OF THE 2161s St. SW 76TH AVENUE WEST /216TH STREET SOUTHWEST SIGNAL AND AWARD OF Signal CONTRACT TO SERVICE ELECTRIC ($86,666.00, Excluding Sales Tax) Police (E) APPROVAL OF PURCHASE OF 1997 LEASED HARLEY - DAVIDSON POLICE otorcycles MOTORCYCLE AND LEASE OF TWO HARLEY- DAVIDSON POLICE MOTORCYCLES FROM LYNNWOOD CYCLE BARN, INC. olunteer irefighter (F) APPROVAL OF REVISED VOLUNTEER FIREFIGHTER PROGRAM Program ettlement (G) AUTHORIZATION FOR MAYOR TO SIGN A SETTLEMENT AGREEMENT WITH EDMONDS SHOPPING CENTER ASSOCIATES Ir (H) AUTHORIZE THE MAYOR TO SIGN A CONTRACT FOR PROVIDING FINANCIAL SERVICES TO SNOCOM AND MEDIC 7 (I) ORDINANCE NO. 3195 AMENDING THE EDMONDS CITY CODE SECTION 7.30.040, Ord. #3195 SEWER UTILITY CHARGES, TO PROVIDE FOR INCREASES TO BE EFFECTIVE Sewer and APRIL, 1, 1998 AND JANUARY 1, 1999, REPEALING SECTION 7.50.050 AND Stormwater Utility ENACTING IN ITS PLACE A NEW SECTION 7.50.050 ESTABLISHING RATES AND Charges CHARGES FOR THE STORM-WATER UTILITY TO BE EFFECTIVE APRIL 1, 1998 AND JANUARY 1, 1999 Ord. #3196 Emergency I (J) ORDINANCE NO. 3196 AMENDING CHAPTER 6.60 ECDC IN ORDER TO PROVIDE Operations I FOR MODIFICATIONS TO THE CITY'S EMERGENCY MANAGEMENT 1plan ORGANIZATION AND TO ELIMINATE THE NEED FOR COUNCIL APPROVAL OF MODIFICATION TO THE CITY'S EMERGENCY OPERATIONS PLAN 3. AUDIENCE Waterfront Roger Hertrich, 1020 Puget Drive, Edmonds, referred to the review done by Mr. Macaulay on the Park Associates Waterfront Park Associates property. Mr. Hertrich said Mr. Macaulay's review could possibly save the City and County a lot .of money as he found numerous errors in the Clarke appraisal. He said Mr. Macaulay's report was highly critical of the Clarke appraisal, stating it was not in conformance with universal appraisal standards and the values were not reasonable. Mr. Hertrich pointed out the public's concern with the appraisal had been valid. He recommended the City consider returning the grant or obtaining an independent appraisal from Mr. Macaulay. Further, he questioned the Council's ability to suspend the rules. Edmonds City Council Approved Minutes March 17, 1998 Page 2 Skateboard Fred Show, 8804 216th Street SW, Edmonds, a 48 year resident and retired teacher in the Edmonds Park School District, encouraged the Council to move forward with the proposed skateboard park at Lyndale Park. He recalled earlier skateboarding activities, noting the proposed skateboard park was a win -win situation. He volunteered his assistance with the project. Mayor Fahey explained Parks and Recreation Director Arvilla Ohlde is coordinating the City's efforts with Lynnwood, who is the lead city on this project. She assured funding for this project remained in the City's budget. Two way Lucien Schmidt, 545 3rd Avenue S, Edmonds, said on March 2, he requested the Council grant him the Traffic in opportunity to make a ten minute presentation entitled, "Two Way Traffic in City Park ?" He explained City Park his immediate goal was to persuade the Council that further efforts regarding two -way traffic should be postponed until certain pre- conditions are met, 1) a comparative written traffic engineering report for City Park and surrounding City streets is prepared by a qualified expert, and 2) the maintenance facility is removed from City Park. He noted the traffic study was omitted from the process prior to adoption of the Master Plan for City Park and removal of the maintenance facility was given high priority in 1992 when the Master Plan was adopted. ASCD Al Rutledge, 7101 Lake Ballinger Way, Edmonds, objected to the remarks made by Council President oposat Haakenson following his comments regarding Medic 7 and Jim Smith's proposal for the Cultural Arts Stadium and Convention District. On another matter, Mr. Rutledge announced a Friends of Athletics meeting on Thursday at 7:00 p.m. Laura Petso, 10616 237th Place SW, Edmonds, presented information to the Council on behalf of one of her neighbors. Ms. Petso thanked Mayor Fahey for attending their event on Saturday. ezone City Attorney Scott Snyder observed the information submitted was notes from the Environmental pplication Checklist and explained items related to a rezone application must be presented to the Council during the open hearing. Ms. Petso said this information was not being presented in connection with the rezone process but regarding representations made by staff at the March 2 Council meeting and made to her in correspondence from Mayor Fahey. Mr. Snyder said a copy would be retained for the City Council at the hearing in the event .questions arise about the Appearance of Fairness Doctrine. Ms. Petso said her impression from the March 2 Council meeting was that staff considered the collector /arterial language unrelated to the Edmonds School District's use of the property at 104th and 237th and the material distributed to Council appeared to contradict that representation. Her understanding was this material was received by the City in October 1997. If the City was aware of the connection, she requested an explanation of the representations made at the March 2 meeting regarding churches being the impetus for the amendment and that the City was not aware of any connection regarding the use of the School District property. Mayor Fahey said the event Ms. Petso referred to at the beginning of her comments was a statewide chess tournament for elementary students, grades 1 -5. She said nearly 600 children attended the event at Edmonds - Woodway High School, noting these children are some of the future leaders. She complimented Ms. Petso for her work with these children and for bringing the event to Edmonds. kateboard Wendi Roesel, PO Box 753, Edmonds, a local professional photographer and part-time skateboarder, oncerns said she and her partner, Mike Blair, recently started a new company, Charged Skateboards and plan to Edmonds City Council Approved Minutes March 17, 1998 Page 3 market skateboards and related items as well as produce a video. She urged the cities of Edmonds and Lynnwood to move forward with construction of the Lyndale Skateboard Park. She recalled an incident that occurred recently near Sunset and Main involving three Edmonds Police Officers and three young skaters. Following a brief conversation with the officers, she indicated one of the officers was verbally abusive to her. She objected to being verbally abused by the officer and has filed a complaint against the officer. Her primary concern was the children, asking who speaks for them and makes decisions for them. She questioned where youth should skate if skateboarding on public streets was illegal. She challenged everyone to join together to build the skateboard park to eliminate the debate on the issue. ater&ont Mel Critchley, 705 Driftwood Place, Edmonds, referred to an article dated March 10, 1995, regarding Park Assoc. the Council's discussion of connections to the Financial Center,. indicating there were financial connections between Mayor Fahey and Councilmembers Petruzzi and Earling and the owners of the Financial Center. He said there are similar connections to the Waterfront Park Associates. He referred to another article that stated the Council supported the Financial. Center purchase even at an elevated price and he said the same thing is happening with the purchase of the Waterfront Park Associates property. He observed citizens were aware of errors and omissions in the appraisal but the Council cannot see them. He referred to a letter from the Senior Park Planner that states "an unreasonably high asking price would nullify a deal." He urged the Council to "back away from this because it doesn't look right." He recalled the Port of Edmonds abandoned their efforts to acquire the property. In addition, he referred to citizens who circulated petitions regarding Medic 7 who were later sued by the City and reiterated his comment that the citizens were "bludgeoned into submission." He urged the Council to re- evaluate the purchase of the Waterfront Park Associates property. City Attorney Scott Snyder objected to Mr. Critchley's last statement and explained, regarding the initiative litigation, the citizens were named as representatives of those parties who circulated the petition. By state law, the three people named in the suit were the officers who registered with the Public Disclosure Commission as circulating the petition. They were representatives of a class action, and no damages were sought, no fees were incurred, but, by order of the Court, they were the required parties in the litigation in order to determine the validity of the initiative and in order for a preliminary injunction to be issued. The temporary restraining order and preliminary injunction resulted in Council President Haakenson's negotiation with those who circulated the Medic 7 petition. They were informed in writing on three occasions, prior to filing the suit, that the suit was upcoming. The individuals were not sued individually and were not "bludgeoned" in any way. He said Mr. Critchley's comments bordered on an accusation that his (Mr. Snyder's) conduct was unethical in bringing the suit, which he took very seriously. He offered to discuss the facts with Mr. Critchley individually to prevent future misstatements. etition - Seaun Richards, 802 Main Street, Edmonds, said two months ago he began a campaign to have four stop signs stop signs installed around the Frances Anderson Center. He said the school bus now picks up his child n Main St. on his side of the street. He submitted signatures he has collected to the City Clerk and said something still should be done. Skateboard I Michael Blair, 18631 1st Avenue NW, Shoreline, recommended a cover be constructed over the ark skateboard park so it could be used year round. During wet periods, skateboarders find other covered areas that may not allow skateboarding. Mayor Fahey objected to comments that misrepresent the truth, particularly Mr. Critchley quoting newspaper articles out of context that contain untrue statements. She stressed there was never any Edmonds City Council Approved Minutes March 17, 1998 Page 4 evidence, aside from a random statement, that she, Councilmembers Petruzzi or Earling had financial dealings with the owners of the building purchased for use as City Hall. She strongly objected to Mr. Critchley's public allegations and said all relationships with the owners of the Financial Center as well as the partners of the Waterfront Associates have been revealed. Until it can be shown that she or any Councilmember were hiding something, she requested Mr. Critchley not state misrepresentations and inaccurate facts. 4. REPORT ON COUNCIL COMMITTEE MEETINGS mane Finance Committee Committee Committee Member Miller reported the Finance Committee reviewed and approved the lease of two 1998 Harley- Davidson police motorcycles. The committee also reviewed and recommended approval of the purchase of one of the motorcycles that had been leased in 1997. Both items were approved on tonight's Consent Agenda. A request for funding from ASCENT 21, previously approved by the City Council subject to review by the Finance Committee, was discussed and approved. A request for payroll /accounts payable accounting services from SNOCOM was discussed and approval recommended. This item was approved on the Consent Agenda. Petty Cash expenditures for the month of February were reviewed and approved. E iie Public Safety Committee ty Committee Member White reported the Public Safety Committee reviewed street closure issues mittee including barricade types and requirements for emergency access for fire department apparatus. This item was referred to full Council. ESCA Director Lyn Gross discussed the importance of the proposed Emergency Management Ordinance, which will allow the Emergency Management Committee members to make alterations to the Emergency Plan as needed with Mayoral approval. The committee approved this item and recommended it be placed on the Consent Agenda for approval (approved as Item J). The issue of fireworks was discussed and referred to full Council for review including public input regarding the fireworks ordinance. Discussion followed regarding volunteer firefighters and changes the Fire Department wants to make regarding the function of volunteers. This was approved as Item F on the Consent Agenda. The lease of two police motorcycles as well as the purchase of one of the 1997 leased motorcycles was discussed and approved; these items were approved on tonight's Consent Agenda. Community Community Services Committee Services Committee Committee Member Van Hollebeke reported Recreation Supervisor Brian McIntosh provided an update on the City's highly successful gymnastics program. The committee discussed the role of the Architectural Design Board (ADB), and determined further discussion and Council guidance were necessary regarding various roles in the City's design review process, adequacy of the City's design guidelines for effective design review, and how best to create a workable process in light of regulatory reform. The committee directed staff to formulate a goal statement on the design review process and develop options to achieve the goal and present these to the Council at a future work meeting. Revenue generating ideas for the treatment plant were discussed, including the results of a pilot program assisting the Alderwood Water District and set forth a proposed similar program with the City of North Bend. It is anticipated these programs would generate additional revenue to the Combined Utility Fund while allowing the equipment to be operating at a more efficient level. Other potential cost reductions by using alternative fuel sources to purchase diesel for operating the incinerator were discussed. The impact of closing Main Street from 5`b Avenue to between 3`d and 4' Avenues for events on Saturdays during the summer months was discussed. It was recommended staff perform further investigations and analysis, formulate some solution options on the specific issues and present these to the Council at a near - future Edmonds City Council Approved Minutes March 17, 1998 Page 5 meeting. The workplan for sewer capital improvements for Perrinville was reviewed and the committee recommended staff continue to pursue the LID. unicipal 5. APPOINTMENT OF MUNICIPAL COURT JUDGE AND AUTHORIZATION FOR MAYOR TO ourt Judge APPROVE JUDGE'S CONTRACT Mayor Fahey said an independent evaluation of Judge Conroy has been underway. She explained since she took office, she has made every effort to maintain a complete separation between branches of government, noting the District Court must operate completely independent of the Mayor's office and Council so that no action of the court is impacted by the opinions of the Council or the Mayor. When the time for reappointment of Judge Conroy came, she felt it was appropriate to establish an evaluation process. With the concurrence of the Council, an independent evaluation was begun and. a recommendation made regarding the reappointment of Judge Conroy. The independent committee was comprised of former Councilmember and current South Snohomish County South District Court Judge Steve Dwyer, Snohomish County Superior Judge Joe Tibido, and citizen/attorney Bruce Witenberg. She noted the committee created very specific criteria and gathered information. As she has known Judge Conroy for a long time on a personal basis, she wanted his appointment to be as unbiased as possible. She noted that although many judges are elected, an election is not required for a part-time judge. Mayor Fahey said this process may become a pilot program for other cities that have part-time judges. The report indicated high acclaim for the work Judge Conroy has done for the City throughout the 12 years he has served and a strong recommendation that he be reappointed. She asked for the Council's approval to appoint Judge Conroy to another four -year term as well as authorization to sign a four -year contract at the increased compensation level of $58,000. She clarified the recommendation to increase the salary for Judge Conroy included the same hourly rate but increased the number of hours per week. In the contract established four years ago, he was only paid for 14 hours per week; Mayor Fahey said she is aware he works 20+ hours per week and this likely would increase due to annexations, etc. She noted a salary adjustment would be included in the 1999 budget. As these additional funds were not allocated in the 1998 budget, she recommended the ending cash balance in the criminal justice fund be allocated to Rind the additional $8,000. Councilmember White recalled on Novemberr25, 1997, he made comments regarding the . Municipal Court and the perception of lack of independence. He was out of town for the next meeting and when he returned, the Council had established the performance review process. He was surprised and embarrassed by this action and recalled he commented on November 25 that his remarks were not directed toward Judge Conroy in any way. He recalled comments in the community indicated "the Council was out to get Judge Conroy." His comments on November 25 were a suggestion to consider more specifically defining how the role of court is separated from the executive branch due to some procedural appearance problems that arose. He noted the survey indicated, "it is clear somewhat of a problem exists, at least in perception, as related to whether the municipal court operates independent of the other two branches of government." As a result the recommendation was, "the City must endeavor to correct the perception (held by a significant minority of respondents) that the judge is not allowed to act as an independent official." He noted the system allowed an affidavit of prejudice to be filed against a judge at any time without any reason. An insignificant number of affidavits have been filed against Judge Conroy. He commented he has appeared before Judge Conroy prior to his service on the Council and in Lynnwood and has found him to be an excellent jurist. He reiterated his concern with the perceptions created by this review although he felt the review was appropriate for any judge in Judge Conroy's position. Edmonds City Council Approved Minutes March 17, 1998 Page 6 COUNCILMEMBER WHITE MOVED, SECONDED BY COUNCILMEMBER EARLING, TO AUTHORIZE THE MAYOR TO CONFIRM JUDGE CONROY FOR THE NEXT FOUR YEAR PERIOD AND AUTHORIZE HER TO SIGN A COMPENSATION CONTRACT AS REQUESTED. Councilmember Van Hollebeke commented the process was an excellent idea. He noted over 193 attorneys who have had dealings with the City's Municipal Court were surveyed. The methodology the committee used was very thorough and fair and reaffirmed the strength of Judge Conroy and the impartiality of the court. He complimented Mayor Fahey for initiating the process. Councilmember White pointed out although the $56 per hour compensation may appear high; it was actually $106 per hour less than the going rate. Mayor Fahey advised the hourly rate in the contract would remain at $56 this year and a recommendation would be made to increase it to $58 in 1999. MOTION CARRIED. Mayor Fahey swore in Judge Conroy. E 6. REPORT ON BIDS RECEIVED FEBRUARY 24..;1998 FOR THE PUBLIC SAFETY COMPLEX CONSTRUCTION AND AWARD OF CONTRACT TO COLUMBIA PACIFIC ($6.287,180,00 Including Sales Tags Community Services Director Paul Mar noted the excellent design of the police /courts and fire station and how they are sited on the campus contributed to the excellent bids received for the project. He expressed his gratification for the cooperative effort of everyone who participated in this process. He reported a low bid was received within the approved budget. He explained the design process began 19 months ago and culminated in the opening of bids on February 24. He acknowledged those who played a key role in the design process including Lee Pardini and Dave Thomas of Merritt+Pardini who led the design effort, Police Chief Robin Hickok and staff, Fire Chief Mike Springer and staff, Court Administrator Joan Ferebee and her staff for their assistance with the design, and City Engineer Jim Walker, Construction Engineer Mike Linn, and Executive Assistant Cindi Cruz. Mr. Mar explained the robust construction environment in the Puget Sound resulted in a very volatile and uncertain market. The project was put out for bid in late 1997 and interested bidders were allowed to review the project over the holidays. Over 100 bid sets were purchased; on the City's typical capital project, only 10 -20 bid sets are purchased. Seven general contractors submitted bids; the high between the low and high bids was 9 %, a very acceptable range for this type project. The bid package included the base bid and nine bid alternates. The reason bid alternates were included was because the maximum construction budget cannot exceed funding levels and the City is prohibited from negotiating bids. He explained the City worked with the design team to remove "highly desirable" items that could be omitted if the bids were high. Seven of the nine bid alternates were additives and two were deductive alternates. Based on the base bid, five alternates were selected, Alternate 1 (add low E glazing to fire station) and Alternate 5 (add low E glazing to police /courts) represent minor added costs that increase the energy efficiency of the buildings, Alternate 3 (deduct for CO exhaust system in apparatus bay) was recommended by the Fire Department, Alternate 8 (add type CC light fixtures) and Alternate 9 (add historic interpretive shelter kiosks) would enhance the esthetics of the campus entry from the 5' Avenue side. The remaining four alternates can be added in the future if they are deemed important enough and the project stays within budget. The City is currently involved in asbestos abatement of the buildings to be demolished. If the contract is awarded tonight, staff will work with the low bidder to execute a contract within the next 2 -3 weeks with the goal to begin demolition in mid - April. Edmonds City Council Approved Minutes March 17, 1998 Page 7 Based on the importance and high visibility of the project, Mr. Mar suggested the Council and Mayor consider a groundbreaking ceremony. He expressed staff and citizens' gratitude for the inspirational leadership of the Mayor and the Council in developing this project. He anticipated reporting completion of the project on schedule and within budget a year from this summer. Councilmember Nordquist asked if a profile on Columbia Pacific was available. Mr. Mar answered a reference check was completed. They have worked on a large number of projects in the Puget Sound area and are based in Seattle. Councilmember Nordquist asked if Columbia Pacific had constructed any other municipal buildings. Mr. Mar answered they are currently working on a building for the Covington Water District and have done fire stations, medical buildings, etc. Councilmember Miller thanked Mr. Mar and his staff for the tremendous job they have done over the past 19 months. COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO AWARD A CONTRACT TO COLUMBIA PACIFIC IN THE AMOUNT OF $6,287,180, INCLUDING SALES TAX, FOR CONSTRUCTION OF THE PUBLIC SAFETY COMPLEX PROJECT AT THE CIVIC CENTER SITE AND AUTHORIZE THE ADDITIONAL APPROPRIATION OF $869,898 FROM FUND 326 ENDING CASH BALANCE FOR THIS PROJECT. MOTION CARRIED. Mayor Fahey explained this action authorized the negotiation of a contract for $6,287,180. There is also a need to set aside a contingency amount of $628,718 for a total amount of $6,915,898. An ending cash balance of approximately $2 million remains in the bond fund for construction of the other fire station. Mayor Fahey thanked Mr. Mar for his efforts as well as Merritt+Pardini for the incredible job they did designing the project that resulted in a successful bidding process. She explained the City is required to accept the lowest bidder unless there is reason to question the quality of their work. Staff has completed significant reference checks on the work of Columbia Pacific and have not identified any reason to believe they are not a credible contractor. Mayor Fahey declared a brief recess. -- Councilmember Nordquist left the meeting at 8:10 p.m. 7. DISCUSSION REGARDING PROPOSED VACATION OF RIGHTS -OF -WAY IN THE Proposed Vacation of MEADOWDALE AREA Rights -of- ay in the Community Services Director Paul Mar explained materials for agenda items 7 -22 were provided Area Meadowdale together to eliminate the confusion that arose at the February 3 hearing and to assist the Council in considering the 15 hearings on tonight's agenda. He noted the samples and public notices included with Agenda Item 7 applied to all 15 hearings. He briefly reviewed the organization of the Council packet for each of the 15 hearings, noting each agenda item included the resolution, vicinity map identifying the specific location of the proposed right -of -way. vacation, a detailed right -of -way map for each specific hearing, and any citizen comment letters received prior to 12:00 p.m. on Thursday. Mr. Mar explained the right -of -way vacation process can be initiated by an adjoining property owner or by the City. Two criteria must be met: 1) there must be a public benefit and 2) the property shall not Edmonds City Council Approved Minutes March 17, 1998 Page 8 deny access as a result of the vacation. A citizen can initiate the process if the owners wish to acquire an adjoining right -of -way. The City must determine this right -of -way is not needed for future street use. The citizen then completes the application process including an application fee and other associated costs, obtain an appraisal at the owner's expense, and, if approved by the City Council, compensate the City for acquiring the right -of -way. The City can initiate the right -of -way vacation process if it determines street development is not necessary in a right -of -way. The City must also adhere to the right -of -way vacation process that includes public notification. The City chose to initiate the right -of -way vacation process for the 15 rights -of -way in the Meadowdale area to relieve the abutting property owners from bearing the cost of the vacation process. He noted over 600 notices for tonight's hearing were mailed to affected property owners as well as separate notice to over 300 residents in the Meadowdale area. He explained any property owner abutting a proposed vacation could submit a written objection to the City prior to 5:00 p.m. today. If 50% or more of the abutting property owners objected, the vacation process would be halted. Any comment letters received from a property owner who did not abut a specific right -of -way was considered a general comment letter and could not be used to calculate the 50% threshold for halting the process. The Council, however, could use the information in making its decision on the right -of -way vacation. fi Mr. Mar explained the effect of a right -of -way vacation on property valuation was not included in the Council packet, as staff had not received a response from the assessor's office until last Wednesday. He explained the question posed to the Assessor was, "Is there a 'general rule' that is followed on the effect of vacating a right -of -way on valuation of the abutting property." According to the Assessor, there is no general rule. The valuation is dependent on the potential benefit of the vacation on the adjoining property. The assessor recommended that citizens who have questions go to the Assessor's office with the specific property information and the Assessor would attempt to determine the valuation effect. Mr. Mar indicated the City received an additional seven comment letters since the Council packet was prepared, five from abutting property owners and two general comment letters. Mr. Mar distributed information to the Council identifying the two right -of -way vacations that would not be heard tonight due to the objection of 50% or more of the abutting property owners in Resolution No. 910 (Agenda Item 17 - 156' Street Southwest, 45 feet east of 75a' Place West to 345 feet west of 72nd Avenue West) and Resolution No. 913 (Agenda Item 20 - 158`h Street Southwest, between 74' Place West and 72nd Avenue West). Mr. Mar explained staff would present the physical characteristics of each proposed vacation and identify easements that would be retained by the City. He suggested after the close of the public testimony portion of each hearing, that staff be allowed to respond to any public input prior to remanding the item to the Council. If Council sensed a decision could not be reached on a property right -of -way vacation without extensive deliberation, he suggested the item be continued until the end of the meeting or to a future date to allow all hearings to proceed tonight. City Attorney Scott Snyder addressed issues raised in citizen letters, including balancing the concerns of abutting property owners (privacy, potential personal liability for use of the easement area, etc.) in areas where pedestrian easements are proposed to be maintained with the concerns of citizens who want the ability to develop future pedestrian access maintained. These comments specifically relate to Resolution Nos. 909, 912, 914, and 904. He explained a property owner who allowed their property to be used for recreational purposes had liability only for latent (hidden) defects in the property. As a result, as long as there were no hidden defects, neither the City nor abutting property owners would have liability for Edmonds City Council Approved Minutes March 17, 1998 Page 9 recreational use of the property. If the Council chose to retain a pedestrian easement, he recommended the Council consider whether the entire 40 feet would be necessary (pedestrian easements in the past have typically been 10 feet wide). He noted the City retained the right of passage across the property but the underlying fee would remain the abutting property owner's. He clarified if the Council retained pedestrian easement, they were being retained not for the purpose of access to the railroad tracks or private tidelands but held for potential future use as part of the City's trail system. Potential use and public benefit should be considered by the City's Planning/Park Board for inclusion in the City's trail system, including a recommendation regarding trail development in a future CIP. This process would limit the City's potential liability for use of the easement areas. For Councilmember White, Mr. Snyder said the retention of a pedestrian easement, would include the above process. Portions of 8. RESOLUTION NO 901 - HEARING ON THE PROPOSED VACATION OF PORTIONS OF Lund's LUND'S GULCH ROAD (WITHIN MEADOWDALE COUNTY PARK ulch Rd. Planning Supervisor Jeff Wilson explained the maximum permissible street grades in the City are 15% and maximum driveway grades are 20 %. As a comparison, the grade of Main Street is approximately 11% and the grade of Walnut Street, one of the steepest in the City, is 17 %. Mr. Wilson displayed the detailed right -of -way map and explained this proposed vacation is currently abutted by one property owner, totals approximately 1,356 linear feet, and contains steep slopes of approximately 40% with heavy native vegetation. There are no existing utilities within the right -of -way and the Engineering Division review determined the right -of -way is unsuitable for construction as a public street and no additional utility extensions would be required within the right -of -way. Upon vacation, the City would not retain any easement for utility or other purposes. Mayor Fahey opened the public participation portion of the hearing. Douglas Grier, 16431 74th Place W, Edmonds, said the right -of -way vacation near his property was halted by 51% of the abutting property owners submitting objections. He referred to a letter written by the City to one of his neighbors on January 3, 1997, shortly after the slides occurred in the Meadowdale area. He noted the slide occurred just north of his property and east of the property owner to whom the letter was addressed. The letter from Building Official Jeannine Graf stated an embankment owned by the addressee was determined to be a hazard to life and limb and a danger to property down slope. The addressee was directed to 1) engage a geotechnical engineer to inspect the site, and 2) initiate temporary improvements to maintain the time frame specified by the geotech and. move promptly to restabilize the slope. The letter stated failure to comply with the terms of requirement could result in civil or criminal liability. Dr. Grier explained simultaneously to this letter, the City indicated it was too dangerous to dig out LID 210 that was under the slide. He noted he wrote to the City during the previous two years stating LID 210 was not functioning and the slopes were heavily watered. It was determined the property that slid was City property and the City reluctantly addressed the problem 10 months later. He noted the decision in Phillips v. City of Seattle placed greater obligation on. cities to maintain their utilities and easements and if they do not, there are stricter liabilities. He stressed this was what was initiating these vacations. He said anyone in favor of the right -of -way vacation was giving up their rights and giving the City more control. Janet Phillips, 17100 156th Street SW, Edmonds, addressed a number of the proposed vacations. She asked the public benefit of the vacations and recommended street ends be retained for view. She was Edmonds City Council Approved Minutes March 17, 1998 Page 10 glad consideration was being given to pedestrian access to provide opportunity for children to explore. She asked why this process did not begin with the Planning Board. Pat Kenyon, Staff Planner for Snohomish County Parks Department, said four of the proposed vacations were of interest to them, including this one. He said the Parks Department recently received the packet from their Property Management office and has not had an opportunity to research the pros and cons of the proposed vacations. He said any transfer of ownership should be provided at no cost to the County for public benefit and acceptance of any vacated right -of -way would be subject to approval of the Snohomish County Executive. COUNCIL PRESIDENT HAAKENSON MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO EXTEND THE HEARING FOR FIVE MINUTES. MOTION CARRIED. (Councilmember Nordquist was not present for the vote.) Roger Hertrich, 1020 Puget Drive, Edmonds, said as each vacation is concerned, the Council's goal should be to determine the public benefit including whether there is a traditional view corridor and the possibility of creating a public park or greenbelt. He recommended staff provide an answer to these questions for each proposed vacation. He noted some'of the areas could be paved for viewpoints with handicap accessibility. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, suggested the areas be considered for youth facilities. Hearing no further comment, Mayor Fahey closed the public participation portion of the hearing. City Attorney Scott Snyder explained the City has right -of -way easement to construct a road but did not have the right to construct a park or use the property for greenbelts or view corridors. The City may retain it if it has a legitimate transportation use for the property, noting pedestrian use is a form of transportation and could include viewpoints and handicap accessibility. Regarding Dr. Grier's comment, the proposed right -of -way vacations either have no City facilities constructed in them or the City is proposing to maintain a utility easement for the existing facilities. Therefore, the City's obligation to maintain any existing facilities would remain even if the easement were vacated. The public benefit of the proposed vacations include: 1) returning property to the tax rolls thereby increasing property values and tax revenue, 2) although current State law does not allow liability for unimproved street right -of- way, a slide in the right -of -way area causes the City to be party to that litigation and associated costs, and 3) balancing the interest of abutting property owners with the cost of the slides to all citizens of Edmonds. He said the history of the Meadowdale landslide mass is well documented and goes back many years. When a slide occurs on unimproved, unopened street right -of -way in an area where the City has no facilities, the City (and therefore all taxpayers) assists in funding the debris cleanup. The Council must balance the costs to the property owner who enjoys the view and has chosen to live in the Meadowdale area with spreading the cost to all taxpayers in the City. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCIL PRESIDENT HAAKENSON, TO EXTEND THE HEARING AN ADDITIONAL FIVE MINUTES. MOTION CARRIED. (Councilmember Nordquist was not present for the vote.) Mr. Wilson said the following comments were general and would apply to each of the proposed vacations. He explained seven years ago, the street vacation process began with the Hearing Examiner and proceeded to the Council for final decision. The only amendment to that process during the past Edmonds City Council Approved Minutes March 17, 1998 Page 11 seven years has been to hold the hearing at the Council level. Review and approval of right -of -way vacations by the Planning Board have never been required. For each of the proposed vacations on the agenda, no compensation is required from the underlying property owner to receive the vacated property. Mayor Fahey remanded the matter to Council for deliberation. Council President Haakenson observed the only member of the public who spoke to the specific agenda item was the Snohomish County Park Department. Due to the terrain of the property, staff has indicated this property is unsuitable for construction of a public street and was not necessary for the extension of public utilities. He noted there were no letters from the public regarding this vacation. COUNCIL PRESIDENT HAAKENSON MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO DIRECT THE CITY ATTORNEY TO PREPARE THE APPROPRIATE ORDINANCE, TO BE PLACED ON A FUTURE COUNCIL CONSENT AGENDA, VACATING SAID RIGHT -OF -WAY WITHOUT REQUIRING THE ABUTTING PROPERTY OWNERS TO PAY COMPENSATION TO THE CITY FOR THE VACATION OF SAID RIGHT -OF -WAY. MOTION CARRIED. (Councilmember Nordquist was not present for the vote.) 9. RESOLUTION NO. 902 - HEARING ON THE PROPOSED VACATION OF PORTIONS OF AN Portions of an Unnamed UNNAMED STREET (WITHIN MEADOWDALE COUNTY PAW Street Within Planning Supervisor Jeff Wilson displayed the detailed site map, explaining the right -of -way is abutted Meadowdale ounty P ark by one property Y owner, and contains slopes of approximately 40 %. The fight-of-way does not contain any existing public utilities. The proposed vacation would vacate the public right -of -way without a request to retain an easement. The Engineering Department has determined it would not be feasible or necessary to construct a public street in this right -of -way and is unsuitable for a public street or extension of public utilities. City Attorney Scott Snyder said all street right -of -way being proposed had not been acquired by the City of Edmonds but were inherited when the area was annexed from Snohomish County. The rights -of -way were all hypothetical streets; to his knowledge neither the City nor Snohomish County had ever attempted to construct a road in any of these rights -of -way. Mayor Fahey opened the public participation portion of the hearing. There were no members of the public present who wished to comment on this item; Mayor Fahey closed the public participation and remanded the matter to Council. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER WHITE, TO DIRECT THE CITY ATTORNEY TO PREPARE THE APPROPRIATE ORDINANCE, TO BE PLACED ON A FUTURE COUNCIL CONSENT AGENDA, VACATING SAID RIGHT -OF -WAY WITHOUT REQUIRING THE ABUTTING PROPERTY OWNERS TO PAY COMPENSATION TO THE CITY FOR THE VACATION OF SAID RIGHT -OF -WAY. MOTION CARRIED. (Councilmember Nordquist was not present for the vote.) Portions of 10. RESOLUTION NO. 903 - HEARING ON THE PROPOSED VACATION OF PORTIONS OF 72" 2nd Ave. w AVENUE WEST (320 FEET NORTH OF 156TH STREET SOUTHWEST TO CITY OF EDMONDS . CORPORATE LIMITS) Planning Supervisor Jeff Wilson displayed the detailed site map and said this right -of -way is abutted by three property owners, has approximately 776 linear feet, and contains slopes in excess of 40 %. The area Edmonds City Council Approved Minutes March 17, 1998 Page 12 does not contain any existing public utilities and the Engineering Division has determined the right -of- way is not necessary or feasible for the construction of a public street or construction of public utilities. Council President Haakenson asked if any of the three abutting property owners had submitted correspondence. Mr. Wilson answered no correspondence had been received regarding this vacation. Mayor Fahey opened the public participation portion of the hearing. Caren Dyson, 15610 72nd Avenue W, Edmonds, said they are opposed to most of the proposed vacations with the exception of those in the park and were concerned with pedestrian uses. She favored maintaining the section of 156' from 76'b to the water for pedestrian access. She said the section of right -of -way from their property to Meadowdale Beach Road was regularly used as a pedestrian access and it was important that be maintained. She was also concerned that the right -of -way vacation could eliminate access to some developable areas. She said the street in front of her home is 18 feet wide and a wider road would be required if additional development occurred. Hearing no further comment, Mayor Fahey closed the public participation portion of the hearing. Mr. Wilson said staff has ensured the right -of -way vacation would not deny any property right of access. City Engineer Jim Walker said the right -of -way would be split between the adjoining property owners; the private property owner would gain a 20 -foot strip of land that could be used for access. Councilmeniber Plunkett asked if the appearance of the right -of -way indicated it was a commonly used pedestrian access. Mr. Walker said the area Ms. Dyson was referring to was to the south of the proposed vacation and was more commonly used as pedestrian access. If the proposed right -of -way vacation is approved, a 20 -foot wide strip would remain as part of the park, which likely could continue to be used as a pedestrian easement. Ms..Dyson agreed her comments were directed at the portion of 72" that runs in the opposite direction. COUNCILMEMBER WHITE MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO DIRECT THE CITY ATTORNEY TO PREPARE THE APPROPRIATE ORDINANCE, TO BE PLACED ON A FUTURE COUNCIL CONSENT AGENDA, VACATING SAID RIGHT -OF -WAY WITHOUT REQUIRING THE ABUTTING PROPERTY OWNERS TO PAY COMPENSATION TO THE CITY FOR THE VACATION OF SAID RIGHT -OF -WAY. MOTION CARRIED. (Councilmember Nordquist was not present for the vote.) Portions of 111. RESOLUTION NO. 904 - HEARING ON THE PROPOSED VACATION OF PORTIONS OF 72 "d 72°d Ave. AVENUE WEST (FROM THE SOUTH PROPERTY LINE OF THE SERIO PLAT TO MEADOWDALE BEACH ROAD, 705 FEET) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE Planning Supervisor Jeff Wilson displayed the detailed site map and explained the right -of -way is abutted by five property owners, has approximately 1,680 linear feet, and contains steep slopes in excess of 27% based on recent calculations. The right -of -way contains existing utilities (a water line). The Engineering Division has determined, that while it may not be necessary for construction/extension of a public street, it would be necessary for the City to retain an easement to provide for the existing utilities and the potential extension of additional utilities. Edmonds City Council Approved Minutes March 17, 1998 Page 13 Mayor Fahey opened the public participation portion of the hearing, noting Ms. Dyson's comments referred to this vacation. Jeanie Anderson, 16727 74 " Place W, Edmonds, said she was not an abutting property owner but did use this area. The street end to the north is part of a popular trail that goes through a greenbelt connected to a Meadowdale subdivision. She was not requesting development of an actual trail but was concerned that vacation of the right -of -way would prevent pedestrian use of the area. She pointed out the importance of pedestrian access in an area where streets could not be constructed. She requested a pedestrian easement be retained in this right -of -way. Hearing no further comment, Mayor Fahey closed the public participation portion of the hearing. Upon review of Ms. Anderson's letter, Mr. Wilson said staff would concur with including pedestrian easement in this right -of -way via the process suggested by Mr. Snyder. Mayor Fahey remanded the. matter to Council. COUNCH.MEMBER WHITE MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO DIRECT THE CITY ATTORNEY TO PREPARE THE APPROPRIATE ORDINANCE, TO BE PLACED ON A FUTURE COUNCIL CONSENT AGENDA, VACATING SAID RIGHT -OF -WAY, WITHOUT REQUIRING THE ABUTTING PROPERTY OWNERS TO PAY,COMPENSATION TO THE CITY FOR THE VACATION OF SAID RIGHT -OF -WAY, RETAINING AN EASEMENT FOR UTILITIES, AND MAINTAINING A PEDESTRIAN EASEMENT, ADOPTING THE RECOMMENDATION MADE BY THE CITY ATTORNEY, AND THAT THE EASEMENT BE NO LESS THAN 20 FEET IN DIAMETER. MOTION CARRIED. (Councilmember Nordquist was not present for the vote.) Mr. Snyder asked if the intent was to retain a 20 -foot pedestrian easement in the center of the right -of- way. Council President Haakenson suggested the westerly 20 feet of the easement be vacated and retain the easterly 20 feet for pedestrian easement. Mr. Wilson said the ownership of the right -of -way would determine how it would be vacated. COUNCILMEMBER WHITE MOVED,.,SECONDED BY COUNCIL PRESIDENT HAAKENSON, TO VACATE THE WESTERN 20 FEET OF THE EASEMENT AND RETAIN THE EASTERLY 20 FEET FOR PEDESTRIAN ACCESS. MOTION CARRIED. (Councilmember Nordquist was not present for the vote.) onions of 72"d Ave. W 12. SOLUTION NO 905 - HEARING ON THE PROPOSED VACATION OF PORTIONS OF 72'''n AVENUE WEST (FROM NORTH MEADOWDALE ROAD TO A POINT 378 FEET SOUTH) RESERVING UTILITY EASEMENTS. SURFACE AND SUBSURFACE Planning Supervisor Jeff Wilson noted a letter regarding this vacation was received after the packet was prepared was included in the information distributed this evening. He displayed a detailed site map and explained this right -of -way is abutted by three properties, has approximately 530 linear feet, and contains steep slopes that range from 30 -50 %. There are existing public utilities within the right -of -way, primarily a storm sewer system. The Engineering Division has determined this right -of -way is not necessary for construction/extension of a public street but recommends an easement be retained for the utilities and extension of any future utilities. Edmonds City Council Approved Minutes March 17, 1998 Page 14 For Councilmember White, Mr. Walker explained the portion of the right -of -way closest to Meadowdale Road has a fairly slight slope for 100 -200 feet and becomes severely sloped for the remaining portion up to the existing 72nd right -of -way. Councilmember Plunkett asked if a pedestrian easement would be appropriate in this area. Mr. Wilson said staff has not determined a need for a pedestrian easement in this portion of the right -of -way. Mayor Fahey opened the public participation portion of the hearing. Roger Hertrich, 1020 Puget Drive, Edmonds, observed staff said they did not expect a need for a pedestrian easement. He questioned the traditional use of the right -of -way and whether residents utilize the area as a trail. He encouraged the Council to ask the traditional use of each right -of -way proposed to be vacated. Jeanie Anderson, 16727 74th Place W, Edmonds, echoed Mr. HertricWs comments. Although she did not use the area as a pathway, she did not want an easement to be omitted if the area was utilized by residents. She said it was important to consider pedestrian pathways in areas where roads could not be constructed. 1 Mayor Fahey closed the public participation portion of the hearing. Mr. Wilson said the main reason staff would recommend no pedestrian easement be retained in this right -of -way was their concern with how a safe trail could be constructed on slopes in excess of 50 %. Mayor Fahey remanded the matter to Council. , Councilmember White observed this right -of -way appeared to be a natural access to Meadowdale Beach Road. One letter was submitted to the Council that identified this right -of -way as a pedestrian easement. However, due to the topography, the public should not be encouraged to use it. He preferred it be retained until staff had an opportunity to consider whether it was a practical location for a pedestrian easement. City Attorney Scott Snyder said this matter could be continued to - allow staff to provide further information. Council President Haakenson said he used to live in the same neighborhoods as Ms. Anderson, and this right -of -way is very wet and steep and was not a proper place for a pedestrian easement. Councilmember White preferred the potential for a pedestrian easement be considered by the Planning/Park Board. COUNCILMEMBER WHITE MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO CONTINUE THIS MATTER TO GIVE THE PLANNINGIPARK BOARD AN OPPORTUNITY TO REVIEW IT AND ADVISE THE COUNCIL MORE FULLY ON ITS PRACTICAL USES AND SET A DATE CERTAIN TO REVIEW IT WITHIN 60 DAYS. A ROLL CALL VOTE WAS TAKEN. THE VOTE WAS 4 IN FAVOR AND 2 OPPOSED. MOTION CARRIED. (COUNCILMEMBERS PLUNKETT, EARLING, WHITE, AND VAN HOLLEBEKE VOTED IN FAVOR; COUNCIL PRESIDENT HAAKF.NSON AND Edmonds City Council Approved Minutes March 17, 1998 . Page 15 COUNCILMEMBER MILLER OPPOSED THE MOTION. COUNCILMEMBER NORDQUIST WAS NOT PRESENT FOR THE VOTE.) Mr. Snyder suggested the Council ask Parks and Recreation Director Arvilla Ohlde to provide any recognized urban trail standards as well as aerial photographs of the area to determine whether it would be feasible to construct an urban trail. or`8 w 13. RESOLUTION NO. 906 - HEARING ON THE PROPOSED VACATION OF PORTIONS OF 73RD AVENUE WEST (NORTH OF 156TH STREET SOUTHWEST) Planning Supervisor Jeff Wilson displayed a site map and explained the property is abutted by nine properties, contains 1,538 linear feet, and steep slopes in excess of 60% with native vegetation. The right -of -way does not currently contain any public utilities. The Engineering Division determined the right -of -way is not necessary for the future development of a public street or the extension of any utilities and recommends vacation of the right -of -way without retention of an easement. He noted correspondence related to this item was included in the information provided to the Council tonight. Council President Haakenson observed nine property owners abutted the property, only one submitted correspondence. Mayor Fahey opened the public participation portion of the hearing. Roger Hertrich, 1020 Puget Drive, Edmonds, used the example of steps on Daley Street between the 700 and 800 block to illustrate there were methods of providing access on steep slopes. He said it was important that the Planning/Park Board review any vacations that might have the possibility for a pedestrian easement. He said his comments regarding the stairs did not apply to this vacation but were intended as an example regarding the previous vacation Hearing no further comment, Mayor Fahey closed the public participation portion of the hearing and remanded it to Council. COUNCILMEMBER WHITE MOVED, SECONDED BY COUNCILMEMBER EARLING, TO DIRECT THE CITY ATTORNEY Tod' PREPARE THE APPROPRIATE ORDINANCE, TO BE PLACED ON A FUTURE COUNCIL CONSENT AGENDA, VACATING SAID RIGHT -OF -WAY WITHOUT REQUIRING THE ABUTTING PROPERTY OWNERS TO PAY COMPENSATION TO THE CITY FOR THE VACATION OF SAID RIGHT -OF -WAY. MOTION CARRIED. (Councilmember Nordquist was not present for the vote.) Portions of 14. RESOLUTION NO 907 - HEARING ON THE PROPOSED VACATION OF PORTIONS OF 74TH PLACE WEST (SOUTH OF 162ND STREET SOUTHWEST) RESERVING UTILITY EASEMENTS SURFACE AND SUBSURFACE Planning Supervisor Jeff Wilson displayed the site map and explained the right -of -way was abutted by two .property owners, was approximately 240 linear feet, and contained slopes of approximately 18 %. The right -of -way contains existing public utilities (sanitary sewer and storm sewer). The Engineering Division has determined the right -of -way is not necessary for construction/extension of a public street but recommends an easement over the area be retained for the existing public utilities or the extension of future public utilities. He said no recommendation was made regarding a pedestrian easement. Edmonds City Council Approved Minutes March 17, 1998 Page 16 Mayor Fahey opened the public participation portion of the hearing. As there were no members of the public present that wished to comment; Mayor Fahey closed the hearing and remanded it to Council. Councilmember White observed there was no correspondence submitted regarding this proposed vacation. COUNCILMEMBER WHITE MOVED, SECONDED BY COUNCILMEMBER MILLER, TO DIRECT THE CITY ATTORNEY TO PREPARE THE APPROPRIATE ORDINANCE TO BE PLACED ON A FUTURE COUNCIL CONSENT AGENDA, VACATING SAID RIGHT -OF -WAY, RETAINING AN EASEMENT FOR UTILITIES, AND WITHOUT REQUIRING THE ABUTTING PROPERTY OWNERS TO PAY COMPENSATION TO THE CITY FOR THE VACATION OF SAID RIGHT -OF -WAY. MOTION CARRIED. (Councilmember Nordquist was not present for the vote.) Portions of 15. RESOLUTION NO. 908 - HEARING ON THE PROPOSED VACATION OF PORTIONS OF 75TH 5t °Ave. W. AVENUE WEST (NORTH OF 156TH STREET OUTHWEST) Planning Supervisor Jeff Wilson displayed a site map and explained the right -of -way was abutted by five properties, contained approximately 1,500 linear feet, and contained steep slopes in excess of 60% with heavy native vegetation. The right -of -way does not contain any existing public utilities and staff recommends an easement not be retained upon vacation of the right -of -way for extension of any further utilities. The Engineering Division has determined this area is unnecessary and unsuitable for the development of any public streets. He noted there was correspondence submitted regarding this vacation. He explained this right -of -way runs across the slope, requiring any pedestrian or utility improvement to be benched into the slope. Councilmember Miller observed there was a letter submitted in favor of the vacation signed by Thomas and Marilyn Degan, Theresa Aldridge, Kenneth Miller, and Mickey Andahl. Mr. Wilson pointed out the letter also indicated they did not support a pedestrian easement in this area. Mayor Fahey opened the public participation portion of the hearing. As there were no members of the public who wished to address the Council, Mayor Fahey closed the public hearing and remanded the matter to Council for action. COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO DIRECT THE CITY ATTORNEY TO PREPARE THE APPROPRIATE ORDINANCE, TO BE PLACED ON A FUTURE COUNCIL CONSENT AGENDA, VACATING SAID RIGHT -OF -WAY WITHOUT REQUIRING THE ABUTTING PROPERTY OWNERS TO PAY COMPENSATION TO THE CITY FOR THE VACATION OF SAID RIGHT -OF -WAY. MOTION CARRIED. (Councilmember Nordquist was not present for the vote.) Portions of 16. RESOLUTION NO. 90 - HEARING ON THE PROPOSED VACATION OF PORTIONS OF 156TH 156'" St. SW STREET SOUTHWEST (WEST OF 75TH PLACE WEST) RESERVING UTILITY EASEMENT SURFACE AND SUBSURFACE Planning Supervisor Jeff Wilson displayed a site map and explained the right -of -way was abutted by two properties, contained approximately 360 linear feet, and contained steep slopes in excess of approximately 45 %. The right -of -way does not contain any existing public utilities. The Engineering Division has determined it would be unsuitable for development of a public street as well as extension of Edmonds City Council Approved Minutes March 17, 1998 Page 17 any public utilities. A recommendation has been included that a 20 -foot wide easement be retained for potential pedestrian use and access to this area. Mayor Fahey opened the public participation portion of the hearing. Theresa Aldridge, 15604 75 'h Place W, Edmonds, said she and Dr. Degan are the abutting property owners. She supported the vacation but did not support maintaining a pedestrian easement. She explained the slopes in this area are in excess of 50% and her residence could be endangered by potential slope movement. She was told by the City she could not construct a retaining wall, should one become necessary, if this easement was in place. She requested no pedestrian easement be retained because pedestrian access is not practical and offered to submit a topographic map and photographs. She said there had been slides in the immediate vicinity. She clarified she was in favor of maintaining pedestrian access, but not in this area due to the instability of the soil. Tom Degan,15520 75th Place W, Edmonds, said this is a very steep area and there are slopes both east to west and north to south that are in excess of 45 -50 %. He said the only way to access the beach was with a rope that led to the railroad tracks. He pointed out the entrance to Meadowdale County Park and the Wharf were within 1/2 mile. He stressed this was not an area traditionally used by pedestrians and would be unsuitable for pedestrian access. Hearing no further comment, Mayor Fahey closed the public participation portion of the hearing COUNCILMEMBER WHITE MOVED, SECONDED BY COUNCILMEMBER MILLER, TO EXTEND THE MEETING 30 MINUTES. MOTION CARRIED. (Councilmember Nordquist was not present for the vote.) Mr. Wilson provided the Council with options for consideration. He displayed the map illustrating all rights -of -way being considered for vacation. He pointed out Resolution 912 (Agenda Item 19) was similar to the right -of -way vacation currently under consideration. He suggested the Council continue deliberation on this item after Resolution 912 has been considered to determine which one would be more feasible for public access. He pointed out the public access in both areas was not necessarily access down the slope but the potential for a pedestrian overpass if any public tidelands are obtained. l Councilmember White asked the distance between Resolutions No. 909 to 912. Mr. Walker answered it was approximately 700 feet. For Mayor Fahey, Mr. Snyder explained the City's retention of pedestrian access should be for the potential link to a park or access to public tidelands and not to encourage trespass on private property. COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCIL PRESIDENT HAAKENSON, TO ADOPT RESOLUTION NO. 909, WITH NO PEDESTRIAN ACCESS. MOTION CARRIED. (Councilmember Nordquist was not present for the vote.) 17. RESOLUTION NO. 910 - HEARING ON THE PROPOSED VACATION OF PORTIONS OF 156' for sc. sw STREET SOUTHWEST (45 FEET EAST OF 75"' PLACE WEST TO 345 FEET WEST OF 72ND AVENUE WEST) Proposed vacation halted due to the receipt of objections from 50% or more of the abutting property owners. Edmonds City Council Approved Minutes March 17, 1998 Page 18 onions of 18. RESOLUTION NO 911 - HEARING ON THE PROPOSED VACATION OF PORTIONS OF 156' t56'" st. SW STREET SOUTHWEST (BETWEEN 68TH AVENUE WEST AND 70TH AVENUE WEST) Planning Supervisor Jeff Wilson displayed a site map and explained the proposed right -of -way vacation is abutted by five properties, contains approximately 1,200 linear feet, and has steep slopes in excess of approximately 60 %. The right -of -way runs across the slope. The right -of -way does not currently contain any existing utilities. The Engineering Division's review determined this area is not necessary for the construction or extension of any existing streets or any future utilities and recommends approval of the vacation without easements. Mayor Fahey opened the public participation portion of the hearing. Phyllis Jaussaud, 6818 157th Place SW, Edmonds, said this cleared up who owned the easement. She described a branch that broke off a tree in the easement two years ago and the City told her the property belonged to the County and the County said it belonged to the City. (She eventually had a friend cut the branch.) She questioned how a road could be constructed in this area due to ravines on both ends. She did not object to the vacation of the right -of -way but questioned whether she would be required to pay taxes on the additional 40 feet. Mayor Fahey answered the information from the Assessor's Office indicated the additional property should not significantly change the valuation of the property unless it increase the potential for building on the property. The Assessor indicated each right -of -way must be considered on a case -by -case basis. Mr. Snyder pointed out the Assessor must research where the property originally came from to determine where it goes upon vacation. Further, the square footage of the property would determine whether the vacation would increase the developability of the property. Eric White, 15601 76th Avenue W, Edmonds, did not object to the vacation. COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO DIRECT THE CITY ATTORNEY TO PREPARE THE APPROPRIATE ORDINANCE, TO BE PLACED ON A FUTURE COUNCIL CONSENT AGENDA, VACATING SAID RIGHT -OF -WAY WITHOUT REQUIRING THE ABUTTING PROPERTY OWNERS TO PAY COMPENSATION TO THE CITY FOR THE VACATION OF SAID RIGHT -OF -WAY. MOTION CARRIED. (Councilmember Nordquist was not present for the vote.) onions of 19. RESOLUTION NO 912 - HEARING ON THE PROPOSED VACATION OF PORTIONS OF 158TH 15a'" St. sw STREET SOUTHWEST (WEST OF 75TH PLACE WEST) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE Planning Supervisor Jeff Wilson displayed the site map and explained the right -of -way was abutted by two property owners, had 300 linear feet, and contained steep slopes in excess of 50 %. The area does not contain any existing facilities and the Engineering Division has determined this right -of -way is not necessary for construction of any street or extension of utilities. Staff does recommend a 40 -foot wide easement be retained for potential future pedestrian access. Councilmember Van Hollebeke questioned why the right -of -way was being vacated if the pedestrian easement was retained. Mr. Wilson responded that this action would'vacate the City's ability to construct Edmonds City Council Approved Minutes March 17, 1998 Page 19 a street in this location. The reason retention of a 40 foot wide easement is recommended is to allow flexibility until the actual facilities are designed. Mayor Fahey opened the public participation portion of the hearing. Gil Thiry, 15810 75ei Place W, Edmonds, said his property was on the south side of the right -of -way. He said this was a very steep slope and recommended the vacation be postponed until staff determines what could be constructed in that area. He asked if there was any time schedule for the pedestrian access. Mr. Wilson answered no. Mayor Fahey asked Mr. Thiry if he favored vacation without the retention of a pedestrian easement. Mr. Thiry answered yes, commenting he did not support vacation of the property if a. pedestrian easement was retained. Grady Helseth, 14204 — 64te Avenue W, Edmonds, said his property is north of the right -of -way proposed to be vacated. He pointed out the similarities between this property and the 150" vacation which both have very steep slopes. He was concerned with the possibility of a "Picnic Point type" park, particularly in an area where there is access within 1/2 mile. He pointed out the north -south slope would require a large retaining wall. He said there would be some benefit to his acquiring half of the right -of- way as 8 feet on the north side of his property was taken by adverse possession creating a lot that is only 37 feet wide. He referred to Mr. Snyder's comment that a 40 -foot easement may not be necessary, pointing out any pedestrian easement provided access to the railroad tracks. There have been slides in the area in the past. He questioned why pedestrian access was necessary in this area, noting it would be very expensive. He requested the right -of -way be vacated without a pedestrian easement and if that was not possible, he suggested the Council visit the area and indicate what could be constructed. COUNCIL PRESIDENT HAAKENSON MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO EXTEND DISCUSSION OF AGENDA ITEM 19 FOR FIVE MINUTES AND THE MEETING FOR ANOTHER 1/2 HOUR. MOTION CARRIED. Hearing no further comment, Mayor Fahey closed the public participation portion of the hearing. Mr. Wilson said this area was considered fo- retention of a pedestrian access as a result of the draft Shoreline Master Plan and trying to find different points of access to safety' cross the railroad tracks. It was concluded an overpass from the bluff could be constructed to safely cross the railroad tracks to reach the tidelands. Council President Haakenson said this appeared to be the same situation as the previously requested pedestrian access and had even steeper slopes that only provide access to the railroad tracks. Access is available at the park and wharf. He had difficulty envisioning a Picnic Point type overpass in this neighborhood. COUNCIL PRESIDENT HAAKENSON MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO DIRECT THE CITY ATTORNEY TO PREPARE THE APPROPRIATE ORDINANCE, TO BE PLACED ON A FUTURE COUNCIL CONSENT AGENDA, VACATING SAID RIGHT -OF -WAY WITHOUT REQUIRING THE ABUTTING PROPERTY OWNERS TO PAY COMPENSATION TO THE CITY FOR THE VACATION OF SAID RIGHT -OF -WAY AND WITHOUT A PEDESTRIAN EASEMENT. MOTION CARRIED. (Councilmember Nordquist was not present for the vote.) Edmonds City Council Approved Minutes March 17, 1998 Page 20 [Portions of 1 20. RESOLUTION NO. 913 - HEARING ON THE PROPOSED VACATION OF PORTIONS OF 158TH 158'" St. Sw STREET SOUTHWEST (BETWEEN 74TH PLACE WEST AND 721D AVENUE WEST) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE Proposed vacation halted due to the receipt of objections from 50% or more of the abutting property owners. Portions of 21. RESOLUTION NO. 914 - HEARING ON THE PROPOSED VACATION OF PORTIONS OF 164TH 164'" St. SW STREET SOUTHWEST (WEST OF 75TH PLACE WEST) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE Planning Supervisor Jeff Wilson displayed a site map and explained the right -of -way abutted two properties, had approximately 540 linear feet, and contained steep slopes of approximately 40 %. This right -of -way contains existing utilities (storm sewer). The Engineering Division's review determined this right -of -way is not necessary for construction of a future street but recommends an easement be retained for the existing utilities as well as potential future utilities. The proposed 40 -foot easement would also provide the potential for future public /pedestrian access in-this area. Mayor Fahey opened the public participation portion of the hearing. Sun Nguyen, the abutting property owner on the north side, requested the Council not retain a pedestrian easement for the same reason many others have indicated. Hearing no further comment, Mayor Fahey closed the public participation portion of the hearing. Mr. Snyder said State law prohibits the City from vacating street ends that abut a body of water. The proposed rights -of -way are subject to vacation as they are separated from the Puget Sound from the Burlington Northern property. Mayor Fahey remanded the matter to the Council. COUNCILMEMBER VAN. HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER MILLER, TO DIRECT THE CITY ATTORNEY TO PREPARE THE APPROPRIATE ORDINANCE, TO BE PLACED ON A FUTURE COUNCIL CONSENT AGENDA, VACATING SAID RIGHT -OF -WAY WITHOUT REQUIRING THE ABUTTING PROPERTY OWNERS TO PAY COMPENSATION TO THE CITY FOR THE VACATION OF SAID RIGHT -OF -WAY AND WITHOUT A PEDESTRIAN EASEMENT. MOTION CARRIED. (Councilmember Nordquist was not present for the vote.) onions of 22. RESOLUTION NO. 915 - HEARING ON THE PROPOSED VACATION OF PORTIONS OF 17211D 172 °d St. sw STREET SOUTHWEST (FROM 235 FEET WEST OF 74TH AVENUE WEST TO 76TH AVENUE WEST) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE Mr. Wilson displayed a site map and explained this right -of -way abuts seven properties, has approximately 1,300 linear feet, and contains steep slopes in excess of 40 -60% throughout the area. The right -of -way contains existing utilities (storm sewer). The Engineering Division's review determined the right -of -way is not necessary for construction of a future street but recommends a utility easement be retained for the existing utilities as well as any potential utility extensions. He recommended approval of the vacation with retention of a utility easement. Edmonds City Council Approved Minutes March 17, 1998 Page 21 Mayor Fahey opened the public participation portion of the hearing. Craig Ford, 17207 76 " Avenue West, Edmonds, said six of the seven property owners agree with the proposed vacation. He pointed out there was also a natural gas line in the right -of -way in addition to the • storm sewer and asked if the storm sewer would be maintained by the City if the right -of -way was vacated. Mr. Walker answered yes. City Attorney Scott Snyder said the City's retention of an easement is for all utilities, current and future, as well as all franchisees. Anthony Agah, 7527 172nd Street SW, Edmonds, said he represented the owners of 17121, 17117, and 17111 who favored the vacation and the utility easement. He pointed out there are east -west slopes as well as north -south slopes and they are concerned if the vacation takes place, the property owners may disturb the surface and cause further erosion. He supported the vacation but with a communication from the Planning Department regarding their rights on the property. Hearing no further comment, Mayor Fahey closed the public participation portion of the hearing. For Mayor Fahey, Mr. Wilson explained steep slopes in excess of 40% are the highest category of regulation in the City and no construction is allowed to occur in that area or the buffer areas. Mr. Snyder said although the City had a tree clearing ordinance, single family lots are exempt from the ordinance. He suggested if this vacation was approved, a restriction on clearing be included to maintain the stability of the ground for the purpose of maintaining the utilities. Craig Ford, 17207 76`h Avenue West, Edmonds, noted all vegetation on the north side was removed when the new storm sewer was constructed a year ago; therefore, any regulations would create a greater burden on the south side property owners. Mr. Snyder suggested restoration requirements be included. Mayor Fahey remanded the matter to Council. COUNCIL PRESIDENT HAAKENSON MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEEE, TO DIRECT THE CITY ATTORNEY TO PREPARE THE APPROPRIATE ORDINANCE, TO BE PLACED ON A FUTURE COUNCIL CONSENT AGENDA, VACATING SAID RIGHT -OF -WAY WITHOUT REQUIRING THE ABUTTING PROPERTY OWNERS TO PAY COMPENSATION TO THE CITY FOR THE VACATION OF SAID RIGHT -OF -WAY, RETAINING A UTILITY EASEMENT AND INSERTING MR. SNYDER'S RESTORATION LANGUAGE. MOTION CARRIED. (Councilmember Nordquist was not present for the vote.) Council President Haakenson thanked Messrs. Mar, Walker, and Wilson for their presentations as well as Executive Assistant Cindi Cruz for her assistance. Councilmember White echoed Council President Haakenson's comments. community 22A. RECONSIDERATION OF THE VOTE ON THE PROPOSED AMENDMENT TO ECDC Facilities in PERTAINING TO THE REGULATIONS GOVERNING THE LOCATION OF COMMUNITY Single FACILITIES IN SINGLE FAMILY (RS) ZONES Family Zones Edmonds City Council Approved Minutes March 17, 1998 Page 22 Council President Haakenson explained after the March 2 Council meeting, he felt he may have voted incorrectly as a result of information he was not aware of at the time. COUNCIL PRESIDENT HAAKENSON MOVED, SECONDED BY COUNCILMEMBER EARLING, TO RECONSIDER THE VOTE ON THE PROPOSED AMENDMENT TO EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 16.20.010.C.1 PERTAINING TO THE REGULATIONS GOVERNING THE LOCATION OF COMMUNITY FACILITIES IN SINGLE Reconsider- FAMILY (RS) ZONES (Applicant: Edmonds Planning Division / File No. CDC -97 -123) UPON Non of . WHICH ACTION WAS TAKEN ON MARCH 2. Community Facilities in Councilmember Plunkett clarified his concern with the original motion for reconsideration (under Ingle Family Approval of the Agenda) was his impression that a hearing would be held tonight. Zones — Scheduled Councilmember White said he was not resent at the initial vote and would not participate in the vote for or April 21 p P p reconsideration. MOTION CARRIED, COUNCILMEMBER WHITE ABSTAINED. Council President Haakenson scheduled the reconsideration for April 21. Mayor Fahey asked the date for considering the right -of -way vacation that was continued (Agenda Item 12). Council President Haakenson scheduled that item for April 21 also. Mr. Wilson asked if a review by the Planning Board was desired. It was the consensus of the Council to have staff review the matter. 23. MAYOR'S REPORT Appoint- Mayor Fahey requested the Council confirmation of the appointment of Wendy Turner to the Library ments to Board and Joena Sadier to the Arts Commission. Library Board and Arts COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER VAN Commission HOLLEBEKE, TO CONFIRM THE APPOINTMENT OF WENDY TURNER TO THE LIBRARY BOARD AND JOENA SADIER TO THE ARTS COMMISSION. MOTION CARRIED. South Snohomish Mayor Fahey advised on March 31 at Edmonds Community College, there would be a gathering of County governing agencies in South Snohomish who have formed a coalition to work in partnership. This group Governing includes the School District, Edmonds, Edmonds Community College, Stevens Hospital and other Agencies Meeting organizations. Seattle City Councilmember Sue Donaldson will make a presentation on America's Promise and what Seattle is doing to initiate this concept. She encouraged Councilmembers to attend. Puget Sound Regional Mayor Fahey encouraged the Council to attend the Puget Sound Regional Council general assembly on Council March 19 at 3:00 at the Museum of Flight followed by a dinner. This is the annual event and elected General officials are asked to attend to confirm the budget for the coming year and any other proposed actions. Assembly 24. COUNCIL REPORTS Excused bsence COUNCIL PRESIDENT HAAKENSON MOVED, SECONDED BY COUNCILMEMBER MILLER, TO EXCUSE COUNCILMEMBER EARLING FROM THE COUNCIL MEETINGS OF JANUARY 22, FEBRUARY 3, AND MARCH 10. MOTION CARRIED. Edmonds City Council Approved Minutes March 17, 1998 Page 23 Excused COUNCIL PRESIDENT HAAKENSON MOVED, SECONDED BY COUNCILMEMBER MILLER, ence TO EXCUSE COUNCILMEMBER WHITE FROM THE COUNCIL MEETING OF MARCH 2. MOTION CARRIED. Council President Haakenson thanked Councilmembers Van Hollebeke and Miller and Mayor Fahey for attending the Public Education Foundation fundraiser as well as Councilmember White for his contribution. Medic 7 Councilmember Plunkett observed Medic 7 recently passed standards for ALS service in South Snohomish County and will vote on May 14 whether to add another 12 hours of Medic 7 service. He said the Fire Tac committee desires to make a presentation to the Council. He asked if a hearing would be scheduled regarding the Medic 7 proposals and if the Council's input would include a vote prior to May 14. Council President Hiaakenson explained a presentation would be made to the Council and he would seek the Council's guidance which he would present to the Medic 7 Board. He said the presentation would not address adding staff or hours and would only address levels of service. He said there was no reason for a public hearing. 1 i1 Mayor Fahey said the Medic 7 SnoCom Board will discuss this issue and hopefully make a decision at the April meeting but this can' only be accomplished if the information requested related to this issue is available. Until a decision hash been made, the Council cannot take any action. Councilmember Van Hollebeke pointed out the article in Northwest Travel, the highest circulation travel. magazine on the west coast, noting Edmonds is featured with a five page colored spread entitled, "Edmonds Waterfront Wonderland and Flower Community." There is also a two -page article on Cafe Pinceau. Mayor Fahey noted the feature was a result of the work of the McMakens who do the public relations work for the Edmonds Alliance for Economic Development. She expressed her pleasure with the publicity for Edmonds. With no further business, the Council meeting was adjourned at 11 :00 p.m. BARBARA S. FAHEY, MAYOR SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes March 17, 1998 Page 24 AGENDA EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street 7:00 -10:00 p.m. MARCH 17, 1998 SPECIAL MEETING 6:30 P.M: - INTERVIEW CANDIDATES --FOR THE ARTS COMMISSION AND LIBRARY BOARD ' 7:00 P.M. - CALL TO ORDER FLAG SALUTE 1. APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF MARCH 10, 1998 (C) APPROVAL OF CLAIM WARRANTS #21430 THRU #23789 FOR THE WEEK OF MARCH 9, 1998, IN THE AMOUNT OF $353,532.29 (D) REPORT ON BIDS OPENED MARCH 5, 1998, FOR THE CONSTRUCTION OF THE 76TH AVENUE WEST /216TH STREET SOUTHWEST SIGNAL AND AWARD OF CONTRACT TO SERVICE ELECTRIC ($86,666.00, Excluding Sales Tax) (E) APPROVAL OF PURCHASE OF 1997 LEASED HARLEY- DAVIDSON POLICE MOTORCYCLE AND THE LEASE OF TWO HARLEY - DAVIDSON POLICE MOTORCYCLES FROM LYNNWOOD CYCLE BARN, INC. (F) APPROVAL OF REVISED VOLUNTEER FIREFIGHTER PROGRAM (G) AUTHORIZATION FOR MAYOR TO SIGN A SETTLEMENT AGREEMENT WITH EDMONDS SHOPPING CENTER ASSOCIATES (H) AUTHORIZE THE MAYOR TO SIGN A CONTRACT FOR PROVIDING FINANCIAL SERVICES TO SNOCOM AND MEDIC 7 (1) PROPOSED ORDINANCE AMENDING THE EDMONDS CITY CODE SECTION 7.30.040, SEWER UTILITY CHARGES, TO PROVIDE FOR INCREASES TO BE EFFECTIVE APRIL 1, 1998 AND JANUARY 1, 1999, REPEALING SECTION 7.50.050 AND ENACTING IN ITS PLACE A NEW SECTION 7.50.050 ESTABLISHING RATES AND CHARGES FOR THE STORMWATER UTILITY TO BE EFFECTIVE APRIL 1, 1998 AND JANUARY 1, 1999 (J) PROPOSED ORDINANCE AMENDING CHAPTER 6.60 ECDC IN ORDER TO PROVIDE FOR MODIFICATIONS TO THE CITY'S EMERGENCY MANAGEMENT ORGANIZATION AND TO ELIMINATE THE NEED FOR COUNCIL APPROVAL OF MODIFICATION TO THE CITY'S EMERGENCY OPERATIONS PLAN 3. AUDIENCE (3 minute limit per person) 4. (15 Min.) REPORT ON COUNCIL COMMITTEE MEETINGS 5. (151141n.) APPOINTMENT OF MUNICIPAL COURT JUDGE AND AUTHORIZATION FOR MAYOR TO APPROVE JUDGE'S CONTRACT 6. (5 Min.) REPORT ON BIDS RECEIVED FEBRUARY 24, 1998 FOR THE PUBLIC SAFETY COMPLEX CONSTRUCTION AND AWARD OF CONTRACT TO COLUMBIA PACIFIC ($6,287,180.00, Including Sales Tax) CITY COUNCIL MEETING AGENDA MARCH 17, 1998 PAGE 2 OF 2 7. (10 Min.) DISCUSSION REGARDING PROPOSED VACATION OF RIGHTS -OF -WAY IN THE MEADOWDALE AREA 8. (10 Min.) RESOLUTION NO. 901 - HEARING ON THE PROPOSED VACATION OF PORTIONS OF LUND'S GULCH ROAD (WITHIN MEADOWDALE COUNTY PARK) 9. (10 Min.) RESOLUTION NO. 902 - HEARING ON THE PROPOSED VACATION OF PORTIONS OF AN UNNAMED STREET (WITHIN MEADOWDALE COUNTY PARK) 10. (10 Min.) RESOLUTION NO. 903 - HEARING ON THE PROPOSED VACATION OF A PORTION OF 72ND AVENUE WEST (320 FEET NORTH OF 156TH STREET SOUTHWEST TO CITY OF EDMONDS CORPORATE LIMITS) 11. (10 Min.) RESOLUTION NO. 904 - HEARING ON THE PROPOSED VACATION OF A PORTION OF 72ND AVENUE WEST (FROM THE SOUTH PROPERTY LINE OF THE SERIO PLAT TO MEADOWDALE BEACH ROAD, 705 FEET) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE 12. (10 Min.) RESOLUTION NO. 905 - HEARING ON THE PROPOSED VACATION OF A PORTION OF 72ND AVENUE WEST (FROM NORTH MEADOWDALE ROAD TO A POINT 378 FEET SOUTH) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE 13. (10 Min.) RESOLUTION NO. 906 - HEARING ON THE PROPOSED VACATION OF A PORTION OF 73RD AVENUE WEST (NORTH OF 156TH STREET SOUTHWEST) 14. (10 Min.) RESOLUTION NO. 907 - HEARING ON THE PROPOSED VACATION OF A PORTION OF 74TH PLACE WEST (SOUTH OF 162ND STREET SOUTHWEST) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE 15. (10 Min.) RESOLUTION NO. 908 - HEARING ON THE PROPOSED VACATION OF A PORTION OF 75TH AVENUE WEST (NORTH OF 1567" STREET SOUTHWEST) 16. (10 Min.) RESOLUTION NO. 909 - HEARING ON THE PROPOSED VACATION OF A PORTION OF 156TH STREET SOUTHWEST (WEST OF 75' PLACE WEST) RESERVING UTILITY .EASEMENTS, SURFACE AND SUBSURFACE 17. (10 Min.) RESOLUTION NO. 910 - HEARING ON THE PROPOSED VACATION OF A PORTION OF 156TH STREET SOUTHWEST (45 FEET EAST OF 75TH PLACE WEST TO 345 FEET WEST OF 72ND AVENUE WEST) 18. (10 Min.) RESOLUTION NO. 911 - HEARING ON THE PROPOSED VACATION OF A PORTION OF 156TH STREET SOUTHWEST (BETWEEN 68- AVENf1E WEST AND 70- AVENUE WEST) 19. . (10 Min.) RESOLUTION NO. 912 - HEARING ON THE PROPOSED VACATION OF A PORTION OF 158TH STREET SOUTHWEST (WEST OF 75TH PLACE WEST) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE 20. (10 Min.) RESOLUTION NO. 913 - HEARING ON THE PROPOSED VACATION OF A PORTION OF 158TH STREET SOUTHWEST (BETWEEN 74m PLACE WEST AND 72ND AVENUE WEST) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE 21. (10 Min.) RESOLUTION NO. 914 - HEARING ON THE PROPOSED VACATION OF A PORTION OF 164TH STREET SOUTHWEST (WEST OF 75TH PLACE WEST) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE 22. (10 Min.) RESOLUTION NO. 915 - HEARING ON THE PROPOSED VACATION OF A PORTION OF 172ND STREET SOUTHWEST (FROM 235 FEET WEST OF 74TH AVENUE WEST TO 76TH AVENUE WEST) RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE 23. (5 Min.) MAYOR'S REPORT 24. (15 Min.) COUNCIL REPORT Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at (425) 771 -0245 with 24 hours advance notice for special accommodations. The Council Agenda appears on Chambers Cable, Channel 32. Delayed telecast of this meeting appears the following iFednesday, Friday and Monday at noon on Channel 32.