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04/04/2000 City CouncilChange to Agenda Closed Record Meeting — Wassail Appeal EDMONDS CITY COUNCIL APPROVED MINUTES APRIL 4, 2000 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Gary Haakenson in the Library Plaza Room, 650 Main Street, followed by the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Thomas A. Miller, Council President Dave Earling, Councilmember Michael Plunkett, Councilmember Jim White, Councilmember (arrived 7:02 p.m.) Lora Petso, Councilmember Dave Orvis, Councilmember Christopher Davis, Councilmember ALSO PRESENT Maia Krause, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Robin Hickok, Police Chief Ray Miller, Development Services Director Peggy Hetzler, Administrative Services Director Arvilla Ohlde, Parks and Recreation Director Jeff Wilson, Planning James Walker, City Engineer Don Fiene, Assistant City Engineer Scott Snyder, City Attorney Jana Spellman, Senior Executive Council Asst. Sandy Chase, City Clerk Jeannie Dines, Recorder COUNCIL PRESIDENT MILLER ,MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO ADD "QUOTES TO REPAIR AND SHOTBLAST THE VEHICLE BAY CONCRETE FLOOR FOR FIRE STATION #17 AND AWARD OF A CONTRACT TO CNC & SONS, INC. ($4,881.57)" AS ITEM L ON THE CONSENT AGENDA. MOTION CARRIED (6 -0). (Councilmember White was not present for the vote). Councilmember Miller advised the applicant for the Closed Record Meeting (Agenda Item #4) requested the meeting be postponed. Sally Wassall, 342 Sunset Avenue, Edmonds (appellant in Agenda Item #4), requested postponement of the appeal to allow time for Mayor Haakenson to meet with representatives of the Washington Utilities and Transportation Commission and Burlington Northern/Santa Fe Railroad in an attempt to solve the problem of trespassers on the railroad tracks to work out a more common sense solution instead of the fence along the bluff on Sunset Avenue. She also requested a Councilmember and she be present and involved at these meetings. She pointed out the 1,350 signatures on the petitions include signatures from people who visit this location to .enjoy the fabulous view. She thanked audience members who were present to show their support for finding a better solution to the trespass problem and asked them to stand. Regarding Ms. Wassall's request for a Councilmember and she to be present at the meeting, Mayor Haakenson. asked that not occur to- allow the organizations to reach a conclusion. He offered to meet Edmonds City Council Approved Minutes April 4, 2000 Page 1 1 with the neighborhood after those meetings had been held. He cautioned that having, too many people involved in the process would be problematic. City Attorney Scott Snyder advised that elected officials who participated in those meetings could be challenged and lose their right to participate under the Appearance of Fairness Doctrine. COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER WHITE, TO POSTPONE THE CLOSED RECORD MEETING UNTIL THE MAY 2 COUNCIL MEETING. MOTION CARRIED UNANIMOUSLY. Councilmember Plunkett asked Mr. Snyder to comment on the materials that had been presented by the applicant. Mr. Snyder recommended the brief presented to Councilmember Plunkett be provided to the City Clerk and redistributed as part of the Council packet. He explained the brief was a written argument referencing the record. Councilmember White advised he also received a packet of information but had not opened it because it clearly would supplement the record. Mr. Snyder said, the appellant was allowed to submit written comments in addition to oral comments; the brief appeared to be . only a written argument. The other documents, as Councilmember White indicated, clearly supplemented the record. He explained the Council's record would be "tainted" if the materials that - supplemented the record were considered as part of the appeal; therefore, they would be maintained for the Council's review after a decision was made. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS Councilmember Petso requested Consent Agenda Item B be removed from the Consent Agenda. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: Edmonds City Council Approved Minutes April 4, 2000 Page 2 (A) ROLL CALL pprove Claim (C) APPROVAL OF CLAIM CHECKS #35946 THROUGH #40005 FOR THE WEEK OF Checks MARCH 27, 2000, IN THE AMOUNT OF $380,598.35 Claim for. Damages (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM JANICE CLARK ($1,426.00) Hwy 99 Project (E) UPDATE ON HIGHWAY 99 PROJECT Parking (F) APPROVAL OF REVISION OF OVERTIME PARKING FINES fines Sale of (G) AUTHORIZATION TO SELL UNIT #981 (A 1995 CHEVROLET CAPRICE POLICE ehicle CAR) TO FINANCIAL CONSULTANTS INTERNATIONAL, INC. Vof i (I) AUTHORIZATION TO CONTRACT WITH JAMES MURPHY AUCTIONEERS TO SELL SURPLUS CITY VEHICLES Edmonds City Council Approved Minutes April 4, 2000 Page 2 Energy Improve- (I) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH SNOHOMISH ments at COUNTY PUD FOR MANAGING ENERGY IMPROVEMENTS AT THE TREATMENT WWTp PLANT Pavement (J) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT Condition Evaluation WITH PAVEDEX , INC. FOR ENGINEERING AND CONSULTING SERVICES FOR PAVEMENT CONDITION EVALUATION Ord #3301 Incr. % of (K) ORDINANCE NO._ 3301 AMENDING EDMONDS CITY CODE SECTION 8.51.040(A) TO Employee INCREASE THE PERCENTAGE OF EMPLOYEE PARKING PERMITS ALLOWED Parking Permits (L) QUOTES TO REPAIR AND SHOTBLAST THE VEHICLE BAY CONCRETE FLOOR Repair FOR FIRE STATION #17 AND AWARD OF A CONTRACT TO CNC & SONS, INC. Vehicle Bay ($4,881.57) Concrete Floor Item B: Approval of City Council Meeting Minutes of March 28, 2000 Councilmember Petso requested her comment in the seventh paragraph on page 15 be revised to read, " Councilmember Petso pointed out this one of these items may not be time sensitive." Approve 3/28 COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCIL PRESIDENT MILLER, FOR Minutes as APPROVAL OF ITEM B AS AMENDED. MOTION CARRIED UNANIMOUSLY. The item Amended approved is as follows: (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF MARCH 28, 2000 Multiple Sclerosis 3. PROCLAMATION REGARDING MULTIPLE SCLEROSIS AWARENESS WEEK Awareness Week Mayor Haakenson introduced Vicki Granade, co- facilitator of the Sno -King Multiple Sclerosis (MS) Support Group and special honoree at the Snohomish County MS Walk to be held on Saturday, April 8. Mayor Haakenson read a proclamation in honor of MS Awareness Week, April 2 — 8, 2000 and presented the proclamation to Ms. Granade. On behalf of the Sno -King MS Support Group and people throughout the State of Washington, Ms. Granade thanked the City for the proclamation and urged the public to support the walk this weekend. Closed 4. CLOSED RECORD MEETING — APPEAL OF THE HEARING EXAMINER'S DECISION Record GRANTING APPROVAL OF THE APPLICATION BY THE CITY OF EDMONDS Meeting - ENGINEERING DIVISION ON BEHALF OF BURLINGTON NORTHERN /SANTA FE Wassail RAILROAD FOR REAPPROVAL OF A SHORELINE SUBSTANTIAL DEVELOPMENT Appeal PERMIT TO CONSTRUCT APPROXIMATELY 2,000 LINEAR FEET OF TUBULAR METAL SAFETY FENCING RANGING FROM 3 TO 4 FEET IN HEIGHT. THE PROPOSED FENCING WILL BE CONSTRUCTED ON TOP OF THE BLUFF WITHIN THE BURLINGTON NORTHERN /SANTA FE RAILROAD RIGHT -OF -WAY PARALLEL TO SUNSET AVENUE BETWEEN APPROXIMATELY EDMONDS STREET AND CASPER STREET (Appellant: James & Sally Wassall / File No. AP -00 -26 / Applicant: City of Edmonds Engineering Division & Burlington Northern /Santa Fe Railroad / File No. SM -99 -176) This item was postponed to the May 2 Council meeting (action taken under Agenda Item #1). Edmonds City Council Approved Minutes April 4, 2000 Page 3 Sanitary 5. PUBLIC HEARING ON THE CITY OF EDMONDS SANITARY SEWER COMPREHENSIVE er Comp PLAN Assistant City Engineer Don Fiene explained the Sanitary Sewer Comprehensive. Plan identified problems in the sanitary sewage conveyance system lased on feedback and input from the Sewer Division,' hydraulic analysis of the pipe system, run time information from sewer lift stations, and flow meter information from the City's treatment plant. He advised the Plan was reviewed by Council committee on two occasions. Mr. Fiene explained the Plan was developed by considering the overall service area, the City's Growth Management Plan, the City'sLand Use Plan, historical flow rates, and projected peak hour flow rates. A conveyance system analysis was conducted that included a determination of future system conditions at full build -out. The lift station analysis utilized feedback from the Sewer Division and lift station run times. An inflow and infiltration analysis of the system was also conducted to provide background on the system and to identify inflow /infiltration problems including localized high flow rates during storm events. An analysis of operation and maintenance was conducted that indicated the Sewer Division was well organized and performed preventative maintenance. A group comprised of City Engineer Jim Walker, Public Works Director Noel Miller, Water /Sewer Supervisor Jim. Waite, and Sewer Leadperson Chad Cross identified problem areas and made recommendations regarding priorities for a Capital Improvement Plan. Mr. Fiene displayed the 6 -year Capital Improvement Plan identifying projects such as 1) replacement of a section of the Admiral Way sewer main, 2) replacement of Lift Station #1 due to problems with the electrical system, wet well and pumps and highest run time of any lift station, 3) pipe replacement on the SR 104 system from 2nd Avenue S due to multiple unsealed gaskets, 4) and rectify problems with the electrical panels and wet wells at several other lift stations. He pointed out the. estimated costs were conservative and staff would seek the most economical method to solve the problems. Mr. Fiene said an unanticipated project fund of $125,000 was proposed to address problems that arise during the year. He explained this amount was determined by considering the cost of reactive projects that had been done over the past five years. Councilmember Orvis asked Mr. Fiene'to address sewer problems near Lake Ballinger and the possibility of it being over capacity. He observed it was project #31 and asked if staff was comfortable with that prioritization. Mr. Fiene answered there was also a problem at Metro's Ballinger Lift Station. He said the intent was to focus on reducing inflow and infiltration to that system as well. as to encourage other agencies to address their lift stations. He said during a large storm event, back -up occurred from the lift - station; it was unknown if the capacity of the line was a problem. Councilmember Orvis asked if that situation would worsen with the Sundquist annexation. Mr. Fiene answered that area was already sewered and was within the Olympic View Water and Sewer District. Councilmember Plunkett asked if staff's request to approve the Sanitary .Sewer Comprehensive .Plan included a request to approve the proposed rate structure. Mr: Fiene answered no. Councilmember Earling referred to Table 1, population estimate, observing 1992 was used as a baseline and 6.1 % added each year and asked how annexations were included. Mr. Fiene answered the analysis Edmonds City Council Approved Minutes April 4, 2000 Page 4 was conducted of the City's conveyance system; most of the annexation areas were within Olympic View Water and Sewer District. Mayor Haakenson opened the public participation portion of the public hearing. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, stated that meetings had been held over the past three years regarding flooding in the Lake Ballinger area and recommended the Council review the minutes of those meetings. He said the City was responsible for the Ballinger lift station. Regarding the sewer rate increase, he cautioned an initiative proposed to be on the ballot this fall would require a rebate on any tax increases. He suggested the City place all increases on the ballot this year. Hearing no further public comment, Mayor Haakenson closed the public participation portion of the hearing. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCIL PRESIDENT MILLER, FOR APPROVAL OF THE SANITARY SEWER COMPREHENSIVE PLAN AND AUTHORIZE THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR AN AMENDMENT TO THE UTILITIES ELEMENT OF THE COMPREHENSIVE PLAN. MOTION CARRIED UNANIMOUSLY. Bikeway 6. PUBLIC HEARING ON THE CITY OF EDMONDS BIKEWAY COMPREHENSIVE PLAN Comp Plan Assistant City Engineer Don Fiene explained the Bikeway Comprehensive Plan was developed over the past year with a great deal of feedback and interaction with the Planning Board and the Edmonds bike group. He explained the Intermodal Surface Transportation Efficiency Act requires the City to consider bicycles in its long -range transportation planning. Further, to obtain grants from the Transportation Improvement Board (TIB), the . City must have a multimodal element in its Comprehensive Plan that includes sidewalks as well as bike trails, routes and paths. The previous plan, developed in 1992, had numerous perceived flaws such as little prioritization and illogical routes. Benefits of the Plan include a healthier lifestyle for participants, less traffic congestion, less consumption of finite natural resources and less air and water pollution. Goals sought by the Plan are to promote more bicycling activity, provide safer opportunities, provide more recreational opportunities, better service to schools and businesses, service to transit opportunities and connecting bicycling opportunities in other jurisdictions. To determine bike routes to make improvements to, Mr. Fiene explained route location criteria was developed that included value criteria (service to schools, service to public transit, service to.recreational opportunities, service to businesses, connections to adjacent jurisdictions, and directness) and safety criteria (motorized traffic speed, roadway width, motorized traffic volume, roadway grade, sight distance, intersection problems). The existing bicycle routes were rated based on their value and safety characteristics. He explained routes with high value were given the highest priority, however, high value roads with a great deal of safety problems would require large scale, high -cost improvements to correct. Therefore, improvements were separated into two categories, small and large bikeway projects. Small bikeway projects were those that could be addressed via simple improvements such as replacement of catch basin grates, work orders for sight problems, safety hazards, street lighting and signage with funding from the Parks Open Space Recreation Beautification fund. The budget for small bikeway improvements was approximately $24,000 per year. Special small bikeway improvements include a small section to connect the regional interurban trail from ,Everett to Seattle, informational signage (instructing motorists to yield to bicycles) and striping at busy intersections. Edmonds.City Council Approved Minutes April 4, 2000 Page 5 u 1 Mr. Fiene advised that the RCW requires '/z of 1% of all motor vehicle funds be used for bike paths, approximately $5,000 per year. He reviewed large bikeway projects, explaining the City did not currently have funding for these projects. He pointed out most of the large bikeway projects would be part of large street improvement projects. He explained the first priority would be a bikeway, on 220th. Mr. Fiene said all the large bikeway projects would require outside funding such as ISTEA grant funds that require the City to provide matching funds. Mr. Fiene explained WSDOT's Design Manual was used to develop design standards and the Manual of Uniform Traffic Control Devices was used as a guideline for signage. Mr. Fiene stated that prior to the development of this plan, there were no criteria for new development to provide bicycle parking. This plan proposes that new commercial development on private property provide one bike rack for every 12 automobile parking spaces. He commented this requirement was consistent with other jurisdictions such as Shoreline and Bothell. He advised $1,000 would be set aside annually to provide bicycle parking at City facilities. Standards and maintenance requirements were also developed for bicycle parking. Councilmember Petso asked if the $1,000 for bicycle parking was in addition to the $2400 for small bicycle improvements. Mr. Fiene answered it was included in the $24,000. Councilmember Petso referred to the maintenance requirements outlined in the plan such as the City clearing debris from bikeways and asked if staff felt this requirement was feasible. Mr. Fiene answered. the Plan was reviewed by Public Works Director Noel Miller and Street Supervisor Jim Kammerer who did not indicate it was not feasible. Councilmember Petso asked if any feedback had been obtained from developers regarding the bike rack requirement. Mr. Fiene answered no. Councilmember Petso asked if signage was planned for the intersection of 76' and 244''`.. Mr. Fiene answered only signage was planned at this time with the possibility of a major project in the future, as this would be part of the interurban trail. He commented such an improvement would require the cooperation of other jurisdictions. He said a group comprised of several jurisdictions currently meets to discuss issues regarding interurban trail. Councilmember Petso asked if on- street parking was allowed on 76''' Avenue. Mr. Fiene answered yes, commenting the roadway was fairly wide and safe. Councilmember Davis recalled Mr. Fiene indicated %z of 1% of motor vehicle funds or approximately $5,000 must be spent on bike paths and asked if this amount.was being spent currently. Mr. Fiene was uncertain and said the funds could be accumulated for a larger project. Councilmember Orvis asked if the signage was intended to be bike path signs or also safety signs. Mr. Fiene answered there are signs that indicate "bike route" and informational signs such as "share the road." He commented studies have shown that bike route signs alert drivers to share the road and make it more likely for bicyclists to utilize that route. Councilmember Orvis asked if stop signs were proposed to make intersections safer for bicyclists. Mr. Fiene answered the Bikeway Comprehensive Plan did not include additional stop signs, only signs such as alerting vehicles to yield.to bicyclists in the right turn lane. For Councilmember Plunkett, Mr. Fiene advised studies indicate bike racks encourage bicycling. He said Planning Boardmember John Dewhirst, a Transportation Specialist for Snohomish County, agreed. Edmonds City Council Approved Minutes April 4, 2000 Page 6 He commented provisions for bicycle parking were added to the Plan after learning this fact. The Plan also includes standards for locating and constructing bike racks. Mayor Haakenson opened the public participation portion of the public hearing. John Larpenteur, 20423 81" Avenue W, Edmonds, Chairman of the Edmonds Bicycle Group, said they enjoyed working with Mr. Fiene and other members of City staff during the development of this Plan and appreciated the opportunity to make changes to the Bikeway Plan. He supported having bicycle routes signed to assist bicyclists, particularly children, .ideniify the safest, easiest routes. As a bicycle commuter. from Edmonds to' South Everett, he supported the establishment of safe routes through Edmonds. He pointed out Edmonds could obtain State and Federal grant funds with a Bikeway Plan in place. Therese Coleman, 1721177 Ih Avenue W, Edmonds, commented as a school bus driver, she understood the needs of students who must ride their bicycles to and from school and said improved signage proposed in the plan would raise the awareness of motorists to the presence of bicycle traffic which would' promote safe travel for students. She said the awareness of motorists to share the road with bicycles was also important for bicycle commuters, like her. She said another benefit of the Plan was the creation of linkage and continuity for the local and interurban bikeways. She,said that continuity would make it easier for bicyclists to traverse the region safely and directly. The Plan also recognizes the benefits of separating the needs of bicycle commuters from recreational bicyclists. Ginny Burger, 22910, 102 "d Place W, Edmonds, a high school counselor at Edmonds- Woodway High School, said she was stunned by the number of bicycles parked on the high school campus when the school opened. She. said planners had not anticipated the freedom that a centrally located high school would provide for bicyclists nor had they realized students now have access to Community Transit buses that have bicycle racks.. She said implementation of the 2000 Bikeway Comprehensive Plan would greatly, increase the safety for cycling high school students, would free parents of the demands of driving students and provide much needed vigorous exercise for teens. She commented on the high level of depression teens are experiencing and being treated for via medication, pointing out the strong correlation between good mental health and vigorous exercise. She summarized implementation of the Bikeway Plan would promote both physical and mental health for the next generation. Steve Burger, 22910 102nd Place W, Edmonds, support ed adoption and implementation of the 2000 Bikeway Comprehensive Plan and said a balanced transportation system was essential for a healthy, livable, viable community. He said transportation choices should include safe and convenient alternatives to vehicles including bicycles, walking and public transit. He said any efforts to make the community more bicycle - friendly would enhance the quality of life of citizens. He commented the ferry brought many bicycles to the'area and the multimodal transit center would bring many more. He said encouraging both recreational cyclists and bicycle commuters was also good for the vitality of downtown Edmonds. He hoped bicycling in this area would become like it is in Europe, immensely popular, widely accepted and relatively safe. He urged the Council to approve and implement the Bikeway Comprehensive Plan. Hank Landon, 23106 1001h Avenue W, Edmonds, explained he has been a bicycle rider for 25 years and his three children rode their bicycles to school and continue to be involved in bicycle riding. He said the proposed Bikeway Comprehensive Plan was an excellent step to promoting safety for bicyclists, particularly children. He explained bicycle parking was important to provide a place for bicyclists to Edmonds City Council Approved Minutes April 4, 2000 Page 7 secure their bicycles and bicycle parking and bicycle use promotes the City's small town atmosphere. He commented Sound Transit's plans would: increase the need for bicycle parking. He said bicycle parking was cost effective, explaining he offered, an allocation to employees who, chose to ride their bicycle versus driving which allowed the business to save money. He advised the Edmonds Bicycle group raised funds to assist businesses provide bicycle parking and offered to assist the City with. bicycle parking. Al Rutledge, 7101 Lake Ballinger Way, "Edmonds, said although he favored the Bikeway Comprehensive Plan, he stressed the City needed to have a Bikeway Plan in place to receive State grant funds. He submitted a letter from a citizen expressing concern with bicycle use on SR, 104. He also expressed concern with bicycling between 76`' and Hwy. 99. He provided a copy of a letter expressing concern with the bicycle routes. Rob Morrison, 250 Beach Place, Edmonds,. spoke in favor of the Bikeway Comprehensive Plan in memory of his friend Don Carr, with whom he worked hard on transportation problems in the City for several years. Hearing no further comment, Mayor Haakenson closed the public participation portion of the hearing. Councilmember Petso asked Mr. Fiene to address Mr. Rutledge's concern regarding safety. Mr. Fiene agreed in the current state, the area was very dangerous and improvements would be part of a larger project. He said although the value was high due to the connection to adjacent jurisdictions, funding a large project may not be feasible. Councilmember Petso clarified bicyclists would not be encouraged to use that route at this time. Mr. Fiene agreed.- Councilmember Earling thanked Mr. Fiene and the Planning Board for their efforts to develop the Bikeway Comprehensive Plan. He recalled when the previous Bikeway Plan was developed in 1992, comments were made that although there were a number of good ideas, they were not linked together logically and no funding mechanisms were identified. He requested the Council be informed of any grant opportunities to allow the Council and the-bike group to provide assistance. Councilmember Petso said at least one citizen expressed concern with the proposal to pave a portion of a bike path through Yost Park. She recommended staff address those concerns when that project was undertaken. Councilmember Petso said although she understood the value of bike parking in recreational areas and for Community Transit, she suggested that issue be referred to the Community Services Committee to consider instances when bike parking would not be appropriate. Councilmember Plunkett pointed out there were still numerous issues to be resolved and extensive work remained to be done. He was comfortable with moving forward with adoption of the Bikeway Comprehensive Plan with the understanding safety and other details would be resolved during • the process. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER PETSO, TO APPROVE THE BIKEWAY COMPREHENSIVE PLAN AND AUTHORIZE THE . CITY ATTORNEY TO. PREPARE AN ORDINANCE FOR AN AMENDMENT TO THE TRANSPORTATION OBJECTIVES AND POLICIES ELEMENT OF THE* COMPREHENSIVE PLAN. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes April 4, 2000 Page 8 7: AUDIENCE COMAMNTS At Mayor Haakenson's request, City Attorney Scott Snyder explained that while a closed record appeal was pending, the Council could consider only evidence from the record and argument regarding the appeal only at a public meeting at which the item had been noticed. As Agenda Item #4 was continued; he requested audience members not speak to the Council regarding the Sunset Avenue fence., Citizens could ask Mayor Haakenson to be proactive and seek solutions although that request had been made numerous times at the previous Council meeting. Safety Teresa Verhey, 19115 Ocean Avenue, Edmonds, said five years ago she appealed to the City Council Fencing on cean Ave. the first determination regarding the proposed fencing along Ocean Avenue. She recalled that the fencing issue transpired prior to Mayor Haakenson becoming a member of the Council or Mayor and unfortunately he must follow . through with decisions made under a prior administration. She said decisions initially made by the WUTC regarding Ocean Avenue did not require fencing on any street. A judge later determined two areas of the entire length between Seattle and Blaine were to be fenced, Sunset and Ocean Avenues. She said Ocean Avenue was a 660 -foot long dead -end street in a quiet residential area with no documented history of accident/injury on or around the tracks for the past 90 years. She advised the tubular steel, 42 -inch high, two rail, blue fence was determined to be the greatest visual deterrent to trespassers. She said a better visual deterrent such as low brush, shrubbery, or brier was never considered. She said issues regarding Ocean and Sunset were separated only for permitting purposes and were inextricably intertwined. She urged the Council to take the time to review the entire record, to gain a better grasp of the enormity and long -term consequences of fencing whether on Ocean or another street. She urged the Council to consider whether the fencing represented what Edmonds stood for, pointing out that currently Ocean and another street provide pristine and unobstructed beauty for everyone to enjoy. Mr. Snyder commented the fence on Ocean Avenue had already been permitted and the appeal period expired, therefore, comment was acceptable. aseball Alvin Rutledge, 7,101 Lake Ballinger Way, Edmonds, advised a free baseball clinic was being held at linic Bellevue Community College on Monday, April 10, 1:00 — 3:00 p.m. and would include two former Mariner baseball players. Sewer Rates Les Blume, 19026 Olympic View Drive, Edmonds, said a survey he conducted of adjacent cities' sewer rates indicated Bothell's monthly rate was $31.21 and Brier's rate was $25.68 per month. He advised Edmonds' rate was $43.94 for single family dwelling and $35.30 for multiple family dwellings. He questioned why Edmonds provided multifamily dwellings an $8.60 bi- monthly'reduction as compared to single- family dwellings. Although he recognized the need to increase the sewer capacity and the condition of the sewers, he recommended this disparity be decreased. He referred to a copy of a property tax statement, pointing out the 1998 statement indicated "City /Road/Lib" and the 1999 statement indicated only "City of Edmonds." He pointed out a recent survey indicated only 25% of the population believed the government.was honest. Procceedu res Roger Hertrich, 1020 Puget Drive, Edmonds, complimented the Mayor for his assistance in Meeting postponing the closed record meeting (Agenda Item #4) and complimented the Council on the procedure u .followed with regard to the postponement of the closed record meeting. He stressed the Council had the ultimate power to continue a hearing, hear testimony, or postpone a hearing. He questioned why several weeks ago the Council followed a different procedure for developer Brad Butterfield and property owner Edmonds City Council Approved Minutes April 4, 2000 Page 9 Al Dykes. Mr. Hertrich recalled no packets were available, a prior decision was made by the legal department to postpone and the Council did not have the ability to make a decision. 8. MAYOR'S REPORT Eoml Mayor Haakenson advised staff_ was in the process of moving into the new Public Safety complex. Telephones would be connected Friday evening and the Police and Fire Departments would occupy the P y g p pY building on Saturday morning. Once asbestos removal was completed in the old buildings, they would be demolished and excavation, drainage, landscaping and paving would be done to complete the project. He said the project would be completed in July or possibly sooner, weather permitting. 9. COUNCIL REPORTS Isewer Rates Councilmember Petso said she observed outdoor watering this weekend due to the nice weather. She pointed out that under the proposed sewer rate schedule, water usage in April was winter water and would raise a citizen's sewer rate for the entire year, perhaps without their realizing it. Councilmember Davis advised he attended the Downtown Parking Advisory Committee meeting, a joint Downtown meeting with the Chamber of Commerce. Two of the items discussed were approved on the Consent Parking g pP Advisory . Agenda, a revision in overtime parking fines and an increase in the percentage of employee parking Committee permits allowed. He reported the meeting also .included a presentation from the Assistant City Manager in Kirkland, regarding similar parking problems Kirkland encountered and solutions they developed. Councilmember Davis advised that information would likely be presented to the Council within the next three months. Week Student Representative Maia Krause reported this was Care Week, which included workshops to promote caring in school. She said spring sports were well underway and the new schedules had been finalized for next year. In response to Mr. Hertrich's comments, City Attorney. Scott Snyder explained because Ogden Murphy Meeting Procedures Wallace had resented a position in support of staff a pp eals , they were barred from representing the Council at the hearing referred to by Mr. Hertrich. Therefore, the Council obtained special counsel to represent them. Although the advice provided by special counsel to the Mayor may have been appropriate in some jurisdictions based on their rules and procedures, it did not apply to Edmonds. Mr. Snyder said the Council considered several years ago whether to delegate to the Council President or Mayor the ability to grant a continuance and made a decision not to. Special counsel was unaware of that decision. In the absence of delegating the ability to grant a continuance to the Mayor or Council President, once a matter was placed on the agenda and notice published to the public, only the Council could continue a matter at a public meeting. He commented this was the first time this issue arose for Mayor Haakenson and special counsel was not aware of the City's procedure. Executive 10. EXECUTIVE SESSION REGARDING A REAL ESTATE MATTER Session At 8:35 p.m., Mayor Haakenson recessed the Council to Executive Session regarding two real estate matters. for approximately 20 minutes. He advised no action was anticipated and the Council would adjourn immediately following the Executive Session. GARY , . ENSON, MAYOR -SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes April 4, 2000 Page 10 0 AGENDA EDMONDS CITY COUNCIL well Plaza Meeting Room - Library Building 650 Main Street 7:00 -10:00 p.m. APRIL 4, 2000 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 28, 2000 (C) APPROVAL OF CLAIM CHECKS #35946 THROUGH #40005 FOR THE WEEK OF MARCH 27, 2000, IN THE AMOUNT OF $380,598.35 (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM JANICE CLARK ($1,426.00) (E). UPDATE ON HIGHWAY 99 PROJECT (F) APPROVAL OF REVISION OF OVERTIME PARKING FINES (G) AUTHORIZATION TO SELL UNIT #981 (A 1995 CHEVROLET CAPRICE POLICE CAR) TO FINANCIAL CONSULTANTS INTERNATIONAL, INC. (H) AUTHORIZATION TO CONTRACT WITH JAMES MURPHY AUCTIONEERS TO SELL SURPLUS CITY VEHICLES (I) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH SNOHOMISH COUNTY PUD FOR MANAGING ENERGY IMPROVEMENTS AT THE TREATMENT PLANT (J) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT WITH PAVEDEX, INC. FOR ENGINEERING AND CONSULTING SERVICES FOR PAVEMENT CONDITION EVALUATION (K) PROPOSED ORDINANCE AMENDING EDMONDS CITY CODE SECTION 8.51.040(A) TO INCREASE THE PERCENTAGE OF EMPLOYEE PARKING PERMITS ALLOWED 3. (5 Min.) PROCLAMATION REGARDING MULTIPLE SCLEROSIS AWARENESS WEEK • s 4. (75 Min.) CLOSED RECORD MEETING — APPEAL OF THE HEARING EXAMINER'S DECISION GRANTING APPROVAL OF THE APPLICATION BY THE CITY OF EDMONDS ENGINEERING DIVISION ON BEHALF OF BURLINGTON NORTHERN /SANTA FE RAILROAD FOR REAPPROVAL OF A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT TO CONSTRUCT APPROXIMATELY 2,000 LINEAR FEET OF TUBULAR METAL SAFETY FENCING RANGING FROM 3 TO 4 FEET IN HEIGHT. THE PROPOSED FENCING WILL BE CONSTRUCTED ON TOP OF THE BLUFF WITHIN THE BURLINGTON NORTHERN /SANTA FE RAILROAD RIGHT -OF -WAY PARALLEL TO SUNSET AVENUE BETWEEN. APPROXIMATELY EDMONDS STREET AND CASPER STREET. (Appellant: James & Sally Wassall / File No. AP -00 -26 / Applicant City of Edmonds Engineering Division & Burlington Northern /Santa Fe Railroad / File No. SM -99 -176) *Please -note 9 request for continuance /s- pending* 5. (15, Min.) PUBLIC HEARING ON THE CITY OF EDMONDS, SANITARY SEWER COMPREHENSIVE'PLAN 6. (30 Min.). PUBLIC HEARING ON THE CITY OF EDMONDS BIKEWAY COMPREHENSIVE PLAN 7. AUDIENCE COMMENTS (3 Minute Limit Per Person) LL_ CITY COUNCIL MEETING AGENDA APRIL 4, 2000 Page 2 of 2 8. (5 Min.) MAYOR'S REPORT 9. _(95 Min.) COUNCIL REPORTS 10. (20 Min.) EXECUTIVE SESSION REGARDING A REAL ESTATE MATTER 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 46. Delayed telecast of this meeting appears the following Wednesday at noon and 7: 00 p.m., as well as, Friday and Monday at noon on Channel 46.