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02/27/1990 City CouncilTHESE MINUTES SUBJECT TO MARCH 6. 1990 APPROVAL EDMONDS CITY COUNCIL MINUTES FEBRUARY 27, 1990 (WORK MEETING) The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT Larry Naughten, Mayor John Nordquist, Council President Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember William Kasper, Councilmember Jeff Palmer, Councilmember Jack Wilson, Councilmember Brian Mason, Student Representative CONSENT AGENDA STAFF Mary Lou Block, Planning Div. Mgr. Peter Hahn, Comm. Svc. Director Bob Alberts, City Engineer Art Housler, Admin. Svc. Director Bobby Mills, Public Works Supt. Arvilla Ohlde, Parks & Rec. Mgr. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ADD TO THE CONSENT AGENDA ITEM (S) - ADOPTION OF ORDINANCE 2761 PROVIDING FOR CONDEMNATION ACTION FOR ACQUISITION OF PROP- ERTY FOR PUBLIC WORKS FACILITY, ITEM (T) - ADOPTION OF ORDINANCE 2762 PROVIDING FOR CONDEMNATION ACTION FOR ACQUISITION OF CERTAIN EASEMENTS FOR SHELL CREEK PIPELINE, AND AMENDING ORDINANCE 2751, AND ITEM (U) - AUTHORIZATION TO SEEK APPLICATION FOR CONSULTANT REGARDING ENHANCING OR REPLACING CITY'S TELEPHONE SYSTEM. MOTION CARRIED WITH COUNCILMEMBER KASPER OPPOSED Items (B), (C), (E), (L), (M), (N), (0), (R), (S), (T), AND (U) were removed from the Consent Agenda. [Item (Q) was reconsidered by the Council later in the evening.] COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL �) AUTHORIZATION TO PURCHASE FOUR -GAS VEHICLE EMISSION ANALYZER FOR EQUIPMENT RENTAL SECTION ($5,800) (F) ADOPTED ORDINANCE 2756 CONFIRMING MONTHLY PARKING FEE AT CITY 4TH AVE. PARKING LOT (G) ADOPTED ORDINANCE 2757 AMENDING EDMONDS CITY CODE 4.60 RELATING TO TAXICABS TO EXCLUDE �.�.� LIMOUSINES AND CHAUFFERS, IN ACCORDANCE WITH RECENT STATE LEGISLATION (H) APPROVAL OF TAXICAB LICENSE RENEWAL FOR A-1 TAXI, INC. I) APPROVAL OF TAXICAB LICENSE RENEWAL FOR GREEN RIVER HAULING, DBA NORTHWEST CAB, PLAZA CAB, AND YELLOW CAB (J) AUTHORIZATION TO REPLACE UNIT #12 (1977 FORD PICKUP/STREET DEPT.) AND PURCHASE 1990 CHEVROLET PICKUP FROM WASHINGTON STATE PURCHASING CONTRACT ($12,652) (K) AUTHORIZATION TO REPLACE UNIT #89 (1980 FORD PICKUP/WATER DEPT.) AND PURCHASE 1990 CHEVROLET PICKUP FROM WASHINGTON STATE PURCHASING CONTRACT ($12,652) P) ADOPTED ORDINANCE 2758 AMENDING OFFICIAL ZONING MAP, CHANGING ZONING CLASSIFICATION AT 7315 - 212TH ST. S.W. FROM RM-.4 TO CG-2 (R-1-89/PEEHL/DOUGLAS) �.V40 APPROVAL OF MINUTES OF FEBRUARY 13, 1990 AND FEBRUARY 20, 1990 [ITEM (B) ON THE CONSENT AGENDA] Councilmember Kasper referred to the memorandum from the City Clerk in which Councilmember Kasper requested two amendments on page 6 of the February 20, 1990 minutes as follows: Following Coun- �{-cilmember Hertrich's motion to adopt the Northwest Energy Code near the top of the page when Councilmember Kasper seconded the motion, he made some comments which were not included in the minutes. He said he agreed with Councilmember Hertrich, and the PUD would have to work out with e� the builders the problems of the air exchange. He said the home builders were going to provide him some cost differentials but he had not received them so he would just have to go with what the the Council had, and he thought this was the solution. He said he thought they should take the PUD's "so-called bribe" and see what they could do with it, and there is a certain period of time, 90 to 120 days, that the people can shuffle within, and he thought it justified for the Council to move on it at this time. The second amendment requested by Councilmember Kasper is near the bottom of the page under "Coun- cil" regarding the TIB. He asked the Mayor how Edmonds participation came in with this TIB and was it presented to the Council. The Mayor replied "no", and Councilmember Kasper asked, "What IR do we have to do on it?" The Mayor said it is Highway 99, and the City of Lynnwood put in the application for the total improvement of Highway 99, including Edmonds, along with the County, the City of Lynnwood and everyone else on behalf of the four agencies. Councilmember Kasper asked when the four agencies approved, it, and the Mayor said they have not approved it yet and nothing was required from the agencies, only the approval of the gas tax. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO INCLUDE THE AMENDMENTS TO THE MINUTES. MOTION CARRIED. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE FEBRUARY 20, 1990 MINUTES, AS AMENDED, AND TO APPROVE THE FEBRUARY 13, 1990 MINUTES. MOTION CARRIED. AUTHORIZATION TO HIRE GUARINO EXCAVATING INC. FOR DEMOLITION OF HOUSES AND FOUNDATIONS AT NEW PUBLIC WORKS SITE 3 0 I M C N THE CONSENT GENDA )��Councilmember Palmer pointed out that the Staff report indicates that Guarino Excavating bid the off'" job at $6,340 including sales tax but the bid in the contract does not include sales tax. Public Works Superintendent Bobby Mills said that was an oversight on Staff's part. Councilmember Palm- er inquired if tests were conducted to ascertain if there is asbestos in the houses. Mr. Mills replied negatively, but he noted that the proper permits will be obtained before demolition takes place. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE ITEM (C). MOTION CAR- RIED. AUTHORIZATION TO CALL FOR BIDS FOR DECORATIVE STREET LIGHTING FOR 5TH AVE. S. AND CENTENNIAL PROJECT ITEM E ON THE CONSENT AGENDAJ Councilmember Kasper said he was under the impression when the issue was discussed previously . that larger poles were going to be installed at the intersections of 5th and Main Street because those areas are heavily used by pedestrians during special events. City Engineer Bob Alberts said it was his understanding that heavier light poles were going to be installed at the corner of 5th and Dayton Street but not at 5th and Main. Councilmember Kasper said he did not recall that discussion. Community Services Director Peter Hahn recalled that the Council had approved the light poles at 5th and Dayton. Mr. Alberts said the base of the poles at 5th and Main would have to be replaced with a bigger base if larger poles were installed. Councilmember Hertrich inquired about the cost per pole. Mr. Alberts replied approximately $1,400. Councilmember Kasper inquired about the cost for the heavier poles. Mr. Alberts said they would cost an additional $150 per pole. Mr. Alberts suggested that Staff obtain bids for both types of poles. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO OBTAIN BIDS FOR BOTH TYPES OF POLES. MOTION CARRIED. AUTHORIZATION TO PURCHASE ADDITIONAL VEHICLE FOR SEWER DEPT. 1990 DODGE ONE -TON FLATBED, FROM WASHINGTON STATE PURCHASING CONTRACT 12, 9 ITEM L N THE CONSENT AGENDAJ Councilmember Palmer inquired why a Dodge truck is requested rather than a Chevrolet truck, as is �,rp`"" requested in Items (J) and (K) on the Consent Agenda. He questioned if repairs and parts would not be more economical if all City vehicles were the same make. Public Works Superintendent Bobby Mills said the City has a variety of makes of vehicles, and the Dodge flatbed truck is the model that happens to be on the State contract. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE ITEM (L). MOTION CARRIED. OPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING PROPOSED 8 LOT PLAT AT APPROXIMATE- LY 7729 - 234TH ST. S.W. P-6-89/BRANDEL ITEM M ON THE CONSENT AGENDA MAP, REMOVING UNBUILT CUL-DE-SAC AT THE WEST PROPOSED ORDINANCE 2760 AMENDING OFFICIAL STREET TERMINUS OF 231ST ST. S.W. ST-5-89/BRANDEL ITEM N ON THE CONSENT AGENDA Councilmember Jaech said the items were removed from the Consent Agenda by Councilmember Kasper because he was not present at the hearings and was unable to vote on them. EDMONDS CITY COUNCIL MINUTES Page 2 FEBRUARY 27,1990 COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEMS (M) AND (N). MO- TION CARRIED WITH COUNCILMEMBER KASPER ABSTAINING. PROPOSED ORDINANCE 2759 AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE TO ALLOW SMALL ANIMAL HOS- PIT LS AS A PRIMARY PERMITTED USE IN THE BN ZONE DC- -8 IT M N THE ONSENT AGENDA Item (0) was inadvertently removed from the Consent Agenda. COUNCILMEMBER JAECH MOVED; SECONDED BY COUNCILMEMBER KASPER, TO APPROVE ITEM (0). MOTION CARRIED. FORMAL APPROVAL OF APPROVED ITEMS FROM FEBRUARY 20, 1990 ADMINISTRATIVE SERVICES COMMITTEE MEETING LITEM Q N THE CONSENT GENDA COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO RECONSIDER ITEM (Q). MOTION CAR- RIED. With respect to Item A in the Council packet memorandum, "Transfer from Council Contingency Fund #119 (Personnel Reserve) to the General Fund #001, Accounting Division, for emergency personnel assistance", Councilmember Kasper said he had made a motion at the Administrative Services Commit- tee meeting to transfer monies from the Council Contingency Fund on a monthly basis only until ,the Council met as a whole and decided how to disburse the funds. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO MODIFY PARAGRAPH "A" OF THE MIN- UTES TO REFLECT A DRAW DOWN AS WAGES ARE REQUIRED ON A MONTHLY BASIS. MOTION CARRIED. The other items listed in the memorandum were considered approved. They were: (B) - appropriate $8,590 of the General Fund #001 cash carryover to the Parks & Recreation Division for a recreation activi- ty; (C) - approve an interim increase of 15% in each of the income levels required to qualify for a low income water utility base rate discount; and (D) - approve the continuance of the H.O. Hutt property rental lease agreement on a month -by -month basis until a market rental survey is complet- ed. The survey is to be done immediately. Review the status of the Hutt house, including previ- ous and current Planning Board recommendations, and expenditure totals. FORMAL APPROVAL OF APPROVED ITEMS FROM FEBRUARY 20 1990 COMMUNITY SERVICES COMMITTEE MEETING ITEM R ON THE CONSENT AGENDA Councilmember Kasper said he was surprised that the minutes from the meeting were on the Consent Agenda for approval because that is a deviation from past practice. He noted that there was not a quorum at the meeting after 10:30 p.m. City Attorney Scott Snyder said the structure of the committee in the past has been to have as many Councilmembers present as were available, or in the specifically designated committees con- sider Staff items and then submit them to the Council for final approval. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO ACCEPT THE LIST WITHOUT APPROVING OR DENYING ANY ITEM. MOTION CARRIED. ADOPTION OF ORDINANCE 2761 PROVIDING FOR CONDEMNATION ACTION FOR ACQUISITION OF PROPERTY FOR PUBLIC WORKS FACILITY LITEM S ON THE CONSENT AGENDA City Attorney Scott Snyder said Mrs. Wolfe is disabled and is represented by an attorney -in - fact. He recommended passage of the condemnation ordinance to expedite the matter. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER PALMER, TO APPROVE THE ORDINANCE 2761. MOTION CARRIED. ADOPTION OF ORDINANCE 2762 PROVIDING FOR CONDEMNATION ACTION FOR ACQUISITION OF CERTAIN EASEMENTS FOR SHELL CREEK PIPELINE, AND AMENDING TWOINANCE 2751 LITEM T N THE CONSENT AGENDA City Attorney Scott Snyder noted that the ordinance represents a change in the path of the ease- ment in order to have it pass wholely across one tract. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEM (S). MOTION CARRIED WITH COUNCILMEMBER KASPER ABSTAINING. EDMONDS CITY COUNCIL MINUTES Page 3 FEBRUARY 27,1990 AUTHORIZATION TO SEEK APPLICATION FOR CONSULTANT REGARDING ENHANCING OR REPLACING THE CITY'S TELEPHONE SYSTEM LITEM U ON THE CONSENT AGENDA Councilmember Nordquist noted that the Chairman of the Telephone Committee has recommended that Che City retain a telecommunications consultant to assist the City in evaluating the options of urrent system enhancement. Councilmembers Nordquist and Hertrich served on the Committee and agreed with the recommendations. Councilmember Palmer inquired if the consultant would make a presentation to the Council or only to the Telephone Committee. Councilmember Nordquist said the Council will be involved in the process, and he encouraged any Councilmember to participate in the discussions. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE ITEM (U). MOTION CARRIED. Council President Nordquist introduced' -.-the new Student Representative, Brian Mason CWC-HDR MONTHLY RE V-- Bud Benges, CWC-HDR, Inc., reported that operation of the new Phase I treatment facilities contin- _ ues. He said the contractor has corrected deficient items identified when operation was taken over by the City of Edmonds. The contractor is hauling liquid primary sludge from the new treat- ment plant to Seattle Metro with two tanker trucks leaving the plant site daily. Mr. Benges said demolition of the existing treatment plant is near completion. The contractor has started excavation and soil removal activities where the Phase II secondary treatment struc- tures will be installed. Excavation and material removal from the plant site will continue for approximately one month. Construction of the sludge incinerator and mechanical and electrical in the solids process building is on schedule. Mr. Benges said construction of the Phase II shoring/cutoff wall auger cast piles is complete. Installation of the wall tieback assemblies will begin as excavation of the area progresses. The independent audit regarding Phase II shoring/cutoff wall installation claims through December 31, 1989 has been received. The audit substantiated the $75,000 cost settlement offered by the con- tractor, and the item will be incorporated into change order number 5. Mr. Benges said change order number 4 for $40,070 has been executed. He said the change order was primarily for corrosion protective coatings added to the existing primary clarifier and in- stallation of a temporary odor control exhaust stack. Mr. Benges said construction of meter stations 1, 2 and B are near completion. Construction activities for meter station 3 located at the off -ramp of SR-104 and SR-99 near the Denny's Res- taurant will begin the end of February. Mr. Benges said an amendment for the engineering services contract has been submitted for addi- tional geotechnical inspection, underwater marine construction inspection, and calibration of customers' meters. Mr. Benges said amendment number 8 to the CWC-HDR agreement has been included in the Council packets in the amount of $41,773.39 for inspection services provided by subconsultants and cost to calibrate existing flow meters in the system. * Mr. Benges noted that the project is approximately fifty percent complete, and the total contract amount remains within the one percent of the original bid. In response to Councilmember Hertrich, Mr. Benges said the audit substantiated the subcontrac- tor's claim for $75,000 but the City incurred an additional cost of $6,000 for bonds and adminis- trative costs. He said CWC-HDR still anticipates that Landau & Associates will be called upon with regard to the engineering work as it continues to minus 6 elevation. Mr. Benges said the subcontractor's fee has been amended because it was not anticipated that consulting and inspec- tion work during the construction phase would be as extensive as it is. * Councilmember Nordquist inquired about the location of the.meter station. Dan Harmon, CWC-HDR said it will be located in the grassy area of the off -ramp near Denny's Restaurant on SR-104 and SR-99. Councilmember Nordquist requested that construction not take place during peak hour traf- fic. Mr. Harmon said traffic will not be impacted because there will be no work that will take place in the roadway. * See Council Minutes of March 6, 1990 EDMONDS CITY COUNCIL MINUTES Page 4 FEBRUARY 27,1990 * Councilmember Dwyer inquired if the monies remaining in the budget are sufficient to complete the treatment plant. Mr. Benges replied affirmatively. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER PALMER, TO APPROVE AMENDMENT #8. MOTION CARRIED. COUNCIL DISCUSSION OF CABLE TV NEGOTIATION PROCEDURE WITH CONSULTANT City Attorney Scott Snyder submitted informational material to the Council. Mr. Snyder noted that the City's Cable TV Consultant, Les Page, was present to answer any ques- tions. Mr. Snyder said Chambers Cable has requested authorization from the Council to delete a wide variety of organizational and financial information from their application. Mr. Snyder said that information is not typically necessary for renewal of a franchise but given the manner in which it was acquired from Liberty Cable with none of the information on file at the City, he advised the Council to obtain that information for the City's file for public scrutiny. Mr. Snyder noted that Viacom Cable serves approximately eighty units in a former annexation ar- ea. He recommended that the City enter into a letter of franchise agreement with Viacom whereby they agree to accept the terms of the City's franchise .ordinance in terms of the technical stan- dards and other requirements, acknowledging that their franchise is simply the right to serve those customers and that if, at any time, they attempt to sell their franchise or interest they would have only one market, the existing franchisee(s). Mr. Snyder said Mr. Page has indicated that it is standard practice for him to work with the City Attorney in the negotiating process: Mr. Snyder said the depth, length, and flavor of the negoti- ation process will be set by the franchisee when they submit their proposal. He said he has discussed with Council President Nordquist the option of using the Consultant Selection Committee as the negotiating team with Mr. Page advising the group as to the technical nature and financial data. Mr. Snyder said the Cable Advisory Committee has expressed an interest in being involved in the negotiating process, and he suggested that the Council respond to their request as a courtesy to them. The Council recessed to an executive session at 7:57 p.m. to discuss negotiation of a publicly bid contract and reconvened at 8:20 p.m. Councilmember Nordquist left the meeting when the Council recessed to executive session. HIGHWAY 99 TASK FORCE PRESENTATION Mayor Naughten introduced the Chairman of the Highway 99 Task Force, Debra Springer, and Task y� Force member, David Porter. Mayor Naughten reported that in 1982, the City of Edmonds designated the portion of Highway 99 in the City of Edmonds as an area to promote present and future economic development as a means of increasing City tax revenues. Mayor Naughten said the City hired a consultant and conducted a series of studies that produced a set of recommendations in 1985. Mayor Naughten said the City, in 1987, formed a Highway 99 Task Force Committee to implement the City's plan. He said the Task Force expanded the study area from 205th S.W. north to 164th S.W., and the participating agencies included the Cities of Lynn- wood and Mountlake Terrace and Snohomish County. Also included on the Task Force were local property owners, residents and merchants. Mayor Naughten said there is a lot of interest in the Highway 99 study because of the area's growth and the opportunity to improve the area's visual image, to resolve traffic problems, and update the long-range comprehensive planning. Mayor Naughten said during the course of the study, two issues emerged that changed the emphasis of the Task Force: 1) current traffic volumes and the problems with traffic congestion beyond peak hours were identified; and 2) local concern over transportation was identified as the number one growth issue facing our region and state. * See Council Minutes of March 6, 1990 EDMONDS CITY COUNCIL MINUTES Page 5 FEBRUARY 27,1990 Mayor Naughten said the public's real sense of the area's growth is in their everyday exposure to traffic problems, delays and congestion. Concern was not only expressed with a future vision for the study area, but in the present transportation problems and issues and their improvement. Mayor Naughten said the study team conducted an analysis from August 15, 1988 to November 10, 1989 in which public meetings were held to obtain information, and identify values and goals of residents and the business community. The study resulted in the formulation of the Highway 99 Baseline Re ort which indicated that Highway 99 is, number one, a transportation issue and, sec- ondly, a commercial area for economic development. Ms. Springer noted that the Puget Sound Council of Governments (PSCOG) recognized Highway 99 as a transportation corridor in 1987 and made recommendations for it as a transportation corridor. She said the Task Force was formed in response to their recommendation but also recognized High- way 99 as a commercial corridor and as a key revenue generator for many of the jurisdictions along the Highway. Ms. Springer reviewed a slide presentation of Highway 99 with the Council, noting that a majority of the uses along that stretch of road are commercial but there is a small number of residential and industrial uses. She said the Highway is zoned for commercial uses, but directly, behind it it is zoned as multiple family and behind that it is zoned as residential. Ms. Springer said there are some sidewalks and crosswalks along the Highway but they are con- structed in a very sporadic manner. She said the roadway, measuring from the center of the cen- ter turning lane, is approximately 30 feet wide to the white line along the shoulder but the right-of-way is 100 feet. The Highway is a five -lane roadway with 2 lanes running northbound and 2 lanes running southbound with a center turning lane. Ms. Springer said there is a continuous shoulder along the entire length of the road. Ms. Springer said the Highway is at near capacity at the present time, and the issue of safety is of key concern. She showed a slide of cars parked adjacent to the Highway, pointed out that some of the cars projected into the right-of-way. She said traffic engineers refer to situations where two cars intersect or two people and a car intersect as conflict points, and many conflict points have been identified along Highway 99 which, she said, create many opportunities for acci- dents. Ms. Springer said the orientation along Highway 99 is difficult because much of the development looks alike and signage is inadequate, which makes it hard for people to ascertain where they are. Ms. Springer said the gateways to Highway 99 (205th Street, for example) are very weak in that there is no signage welcoming people to Snohomish County. Ms. Springer said there are inconsistent design standards along Highway 99 from each of the four jurisdictions. Ms. Springer reviewed the recommendation from the Task Force for Highway 99 as follows: 1) pre- serve the open space and stands of mature trees along the Highway by either purchasing the proper- ty, which would be held in public trust, or through mandatory retention; 2) erect new landmarks to improve the orientation and preserve existing landmarks; 3) protect residential neighborhoods from intrusion from traffic and incompatible land uses by a) installing traffic diverters or barriers to close off the roadway connecting residential areas to Highway 99, or b) require strict standards between the commercial zone and residential zone with some sort of visual barri- er; 4) improve street signage so that it is more visible and legible to vehicular traffic; 5) improve pedestrian safety by constructing more sidewalks and crosswalks; 6) widen the Highway to seven lanes (three lanes northbound, three lands southbound and a center turning lane). Mayor Naughten said the Transportation Improvement Board (TIB) has made funding available to improve projects, provided that the gas tax is approved. He said the Cityy of Lynnwood, acting as the lead agency for several jurisdictions, submitted an application for $12.5 million to improve Highway 99 and the application was approved. Mr. Porter reviewed the structure of funding that is proposed for improvements to Highway 99 as follows: TIB - $12.5 million; Transportation Benefit District - $900,000; Department of Transpor- tation - $1.2 million; Community Transit - $200,000; City of Mountlake Terrace - $50,000; Snohomish County - $50,000; City of Lynnwood - $50,000; and City of Edmonds - $50,000. Councilmember Hertrich said it appears that a majority of the improvements will occur within the boundaries of Lynnwood and Snohomish County so he was surprised that 1.6% of the total project EDMONDS CITY COUNCIL MINUTES Page 6 FEBRUARY 27,1990 cost is proposed to be shared equally amongst the four jurisdictions. Mayor Naughten said the costs will be broken down proportionately on a benefit basis. Councilmember Hertrich said he was hopeful that the third lane will be designated as a High Occupancy Vehicle (HOV) lane and that secondary road access is planned from residential and multiple family zones to the Highway to provide better circulation while, at the same time, providing greater protection to residential areas. Ms. Springer said the implementation of access road is a logical approach but is economi- cally unfeasible. Councilmember Jaech requested that landscaping be provided in the medians. Ms. Springer said the Highway will be resurfaced within the next several years, and the medians will be replaced and plantings will be provided. Mayor Naughten said the Task Force is excited that a source of funding is forthcoming with the approval of the Governor's gas tax proposal. He said the following action is recommended as an outline to achieve the goals presented in the Task Force's report: 1) endorse the Highway 99 Baseline Report as a basis for the Highway 99 Comprehensive Plan; 2) form an Executive Oversight Committee; 3) form a three -agency Planning Departments Committee (Snohomish County, Edmonds, Lynnwood) to produce overall comprehensive development standards for the project outside of the right-of-way within the next six months; and 4) obtain participating agencies letters of commit- ment to the following Highway 99 Improvement Plan: a) once the project's TIB funding source is available, hire a consultant to begin preliminary design of the project within the 100 foot right-of-way; b) designate one agency as the lead agency for the entire project; and c) once final design and funding are approved, designate a construction coordinator. Mayor Naughten noted that the City of Everett plans to widen Evergreen Way to seven lanes and install sidewalks and curbs up to 144th. Councilmember Palmer was hopeful that the Executive Oversight Committee establishes some sort of a dispute resolution function to resolve conflicts that may arise between the commercial and residential areas. Councilmember Hertrich inquired if improvements to Highway 99 take into consideration the impact of ferry traffic at major intersections. Ms. Springer said improvements to traffic circulation at 196th and Highway 99 have been proposed by the City of Lynnwood in a separate application to the Washington State Department of Transportation. Councilmember Hertrich inquired if improve- ments to any of the major intersections will be addressed. Mayor Naughten replied affirmatively. Bruce Agnew, Chief of Staff for Congressman John Miller, reported that Congress anticipates an increase of funding for transportation from $12.5 billion to $15 billion nationwide which will be accomplished by redirecting monies that are currently allocated for interstate completion to suburban/urban areas for interstate improvements and, specifically, HOV lanes. Mr. Agnew said the top priority in the project is HOV extensions up to Alderwood Mall and on major arterials. He said because Highway 99 is a major arterial, it could very well qualify for HOV treatment. Additionally, he said Congress is proposing to abolish some of the narrow categorical grants in order to give local governments flexibility in the expenditure of those monies, which would be helpful in the Federal Urban system and which Highway 99 falls within. Mr. Agnew said he was confident that Congress is going to support discretionary funds that can be used by local govern- ments if there is a substantial local match and private sector participation. Councilmember Hertrich inquired if federal monies could be utilized to relocate the ferry termi- nal in Edmonds. Mr. Agnew said UMPTA will fund both passenger -only ferries and dock improvements that are related to passenger -only ferries and transit centers near ferry terminals. FINAL REVIEW OF SOLID WASTE INTERLOCAL AGREEMENT WITH SNOHOMISH COUNTY i ace Community Services Director Peter Hahn noted that the Council reviewed the interlocal agreement on January 30 to considerable extent. He said the draft had a number of changes based on com- ments by the Council's Community Services committee, and the last item of concern, length of the agreement, has been reduced from 30 years to 20 years. Mr. Hahn said a number of cities and towns have already adopted the agreement, and a number are scheduling adoption on February 27. At a Snohomish County Mayors' meeting on February 21, he said all of the attending cities appeared to favor the draft agreement (included in the Council packets). However, he said there was also a consensus to get a full briefing on the long haul option by the County as soon as possible. Councilmember Hertrich noted that the County did not select the lowest bidder to dispose of solid waste via the long haul option because their program would not be operational for two years and chose, instead, the next lowest bidder. He said he was concerned about the extent to which the EDMONDS CITY COUNCIL MINUTES Page 7 FEBRUARY 27,1990 City's input will be considered when the County entertains costly disposal options. Karen Nachjiri, Project Manager for Snohomish County Solid Waste Division, said the County has not made a final decision yet as the adoption hearing for the comprehensive plan is scheduled tomorrow and a public hearing for the long haul option is scheduled on March 21, 1990. She said the County Council does take into consideration comments made by the Solid Waste Advisory Committee, of which the City is a member. Ms. Nachjiri said the County asked for bids to be submitted for long haul with start up to begin in July 1990, June 1991, June 1992 and June 1993 but the lowest bidder was ruled out because they could not implement their program until 1993. Ms. Nachjiri said the County Executive would like to reserve as much local landfill capacity as is possible. She noted that, in the long term, the County will be saving a lot of money because the longer it can preserve landfill capacity at home, the more benefit will be derived because another landfill will not be sited or developed in the County. She said the contract term is for 21 years with an option to renegotiate every 7 years. Councilmember Wilson inquired how City costs would be affected if it engaged in an aggressive recycling program. Ms. Nachjiri said the City will not be requested to commit to a certain ton- nage of solid waste per year and will, in fact, be encouraged to recycle more materials. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE INTERLOCAL AGREE- MENT AND THE ORDINANCE. MOTION CARRIED. (The ordinance adopting the plan will be on the next Consent Agenda.) Mr. Hahn reminded the Council that a meeting is scheduled on March 13 to discuss long haul. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER PALMER, TO APPOINT COUNCILMEMBER NORDQUIST AS THE COUNCIL'S REPRESENTATIVE. MOTION CARRIED WITH COUNCILMEMBER WILSON OPPOSED AND COUNCILMEM- BER HERTRICH ABSTAINING. CONTINUED DISCUSSION ON ACCESSORY DWELLING UNITS, AND SET HEARING DATE (CONTINUED FROM DECEMBER 2 1989 Planning Division Manager Mary Lou Block said the issue was continued from the December 27, 1989 Council meeting. She said Staff conferred with the City Attorney to determine what changes were requested by the Council, and the memorandum enclosed in the Council packets from the City Attor- ney outlines the items that were changed. Ms. Block reviewed the amendments to the ordinance. Councilmember Palmer inquired.what standard would be applied to determine whether or not an acces- sory dwelling unit has been removed. Ms. Block said a kitchen. Councilmember Palmer inquired if the removal of a locked door or removal of separation of the two units would be sufficient proof that an accessory dwelling unit is no longer in use. City Attorney Scott Snyder replied affirma- tively. Councilmember Palmer inquired if the City will be an actual party to the covenant. Mr. Snyder said only in the sense that the City will record it. Councilmember Palmer inquired if the City will be required to file a revocation with the County, thus clearing up any cloud on a title, in the event that an accessory dwelling unit is removed, revoked or expired. Although there is no requirement in the ordinance, Mr. Snyder recommended that the City file a revocation with the County. Councilmember Palmer requested that wording to that effect be included in the ordinance. Councilmember Palmer inquired about transferability of a permit for an accessory dwelling unit. Mr. Snyder said a permit is not transferable to another site and if the applicant ceases to be a resident of the home for which a permit for an accessory dwelling unit was issued, the use will expire. Councilmember Palmer inquired if a new purchaser of a home with an accessory dwelling unit could use the financial hardship waiver to his/her advantage by stating that he/she cannot meet the monthly mortgage payments. Mr. Snyder said a financial hardship must be unanticipated at the date of acquisition, and the City will require a copy of the loan application document to ascertain if the buyer has indicated a rental income. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER JAECH, TO SCHEDULE A PUBLIC HEARING ON APRIL 3, 1990. MOTION CARRIED. AUTHORIZE APPLICATION FOR COASTAL ZONE MANAGEMENT GRANT FUNDS Planning Division Manager Mary Lou Block reported that the City received application forms for Coastal Manager Grant (CZM) 306 and 306 A grant funds from the Department of Ecology, which EDMONDS CITY COUNCIL MINUTES Page 8 FEBRUARY 27,1990 must be completed and submitted to the State by February 28th and March 2nd. Ms. Block said CZM 306 funds are intended to fund planning and public information efforts for the waterfront and related watersheds, and CZM 306 A funds are available for small acquisition and construction projects. Ms. Block said the Community Services Committee recommended on Tuesday evening that the Planning Board submit a recommendation, and the Board recommended that Staff submit applications for CZM 306 funding for the following projects: 1) continued monitoring of environmental impact of Brackett's Landing Phase I; 2) study of potential pedestrian access over railroad tracks to pub- lic tidelands; 3) study of potential "daylighting" of stream that flows out of the marsh and through a pipe to Puget Sound. Study of the function of the tide gate in the pipe through which this stream flows and determination of whether it should be removed or replaced; 4) design of marsh walkway and public access to Goodhope Pond; and 5) wetlands inventory. The Board recommen- dation that Staff submit applications for CZM 306A funding for the following projects: 1) renova- tion of the Beach Ranger public information facility; 2) construction of a marsh walkway; and 3) bollards, bike racks, and benches for the existing pedestrian path from 75th Place West to 75th Avenue West. Ms. Block said the Planning Board has recommended five items under the 306 category, but she believed three or four is a more reasonable number to accomplish. Councilmember Hertrich inquired about the location of the walkway. Ms. Block said it would be constructed from the hatchery belt on the east side of the marsh and would tie into the walkway around Harbor Square and along the north boundary to the lookout. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO AUTHORIZE A CZM 306 APPLICATION FOR ITEMS 4, 3 and 1 IN THAT ORDER. MOTION CARRIED. Councilmember Palmer noted that the Beach Ranger public information facility was recently renovat- ed. He inquired what improvements were necessary and if the facility would have to remain as a Beach Ranger.facility for twenty-five years if the City received funding to make those improve- ments. Parks & Recreation Division Manager Arvilla Ohlde said minor improvements were made to the facility last year but it did not make it conducive to public use or access into the build- ing. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER JAECH, TO AUTHORIZE A CZM 306A APPLICATION FOR ITEM #2. MOTION CARRIED. 7(� REVIEW OF HUTT HOUSE STATUS XVzy Parks & Recreation Manager Arvilla Ohlde reported that on February 20, 1990, the Administrative 7 QQ Services Committee received a request from Staff to authorize an outside review of the rent to be assessed to the Hutt house. The Committee brought up the question of the Hutt house future and requested an immediate review. Ms. Ohlde said the review included the previous and updated Plan- ning Board position, a compilation of costs, and the status of the roofing contract. Ms. Ohlde said the Planning Board considered the matter on February 21, 1990 and reaffirmed its 1986 position to remove the house. Ms. Ohlde said the City Engineer contacted the roofing contractor and ascertained that the City can withdraw from the contract at a minimal cost (a few hundred dollars) compared to the $6,000 to complete the job and the contract is on hold. Mayor Naughten noted that the City received a letter from several neighbors requesting that no permanent action be taken on the Hutt house pending further options and recommended that a commit- tee to study the matter be established (on which they would serve), the rent be increased by $100 per month, that the lease be extended for one year, and that the Mayor and Council review the matter within one year. Councilmember Jaech said she received a telephone call from Marge and Ray Martin concerning the house. Councilmember Wilson said the City accepted the property in good faith, and the wishes of the Hutts were fairly clear at that time. He said the City is morally obligated to put to rest any discussion of removing the house. City Attorney Scott Snyder read paragraph "E" on page 3 of the deed into the record, noting that there is no mention in the deed or conditional sales agreement of having to retain the house. Ms. Ohlde submitted a newspaper article to the City Clerk for distribution to the Council which quoted Mrs. Hutt's desire to retain the trees and the arboretum atmosphere. EDMONDS CITY COUNCIL MINUTES Page 9 FEBRUARY 27,1990 Councilmember Palmer reported that King County Council recently determined that lands acquired and held for park purposes cannot be used for non -park purposes. He said it was their judgment that that precluded the use of houses on park property for any purpose other than directly and clearly serving park and recreational functions, and it was their opinion that rental houses were not conducive to the reasons for acquiring parklands. He noted that the Parks Board has stated that the Hutt house inhibits park use. Councilmember Hertrich noted that many citizens were interested in the status of the park, and he recommended that the roof project be postponed and a public hearing be scheduled. Councilmember Palmer said a review of that nature ignores that similar conditions exist in several other parks in the City. He believed a discussion with respect to policy is a separate issue from individual rental houses. He did not believe the idea of a subcommittee was a good one. He said the City has selected members of the community to serve on the Parks Board, and it is part of their respon- sibility to assess the needs of the community in regard to all parks. He said the idea that was put forward identified a select group of persons with a specific link to the park, a specific role in how it is developed. Councilmember Jaech said the two structures in the park have the potential to be used for park or recreational functions. She said many citizens are interested in the disposition of the park, and she believed a public hearing should be held and then a decision made. Councilmember Dwyer believed it would be best not to have the structures in the park, but he was most concerned about the desire of the Hutts when they deeded the property to the City. As a procedural matter, Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO EXTEND THE MEETING FOR FIFTEEN MINUTES. MOTION CAR- RIED. Councilmember Kasper said he objected to the tenant "running around causing trouble to stay in that house". He believed the rent is too low and should be more than doubled. He said the only reason the tenant is in the house is to prevent deterioration of the structure. Councilmember Kasper noted that the cottage is in a fairly good position for security purposes, and he said the house has aesthetic quality but should not be maintained as a rental unit. Councilmember Palmer wished to restrict the discussion at the hearing to only that of the struc- ture within the park or the rent and not regarding any tenant. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER JAECH, TO SCHEDULE A PUBLIC HEARING ON MARCH 20, 1990. MOTION CARRIED WITH COUNCILMEMBER KASPER AND COUNCILMEMBER PALMER OPPOSED. Mr. Snyder said the cottage was being utilized for security purposes when the property was first rented, and the house was rented, generally, to preserve it while it underwent improvements. He said the lease has always contained a provision that the current tenant would be the first person to be offered the property, but the Council reserved the ability to take that property out of lease. Mr. Snyder said the key issue is that the City has a clear public benefit that will sus- tain rental as long as the property is preserved for a specific purpose but if, at some point, the property were used simply for rental purposes, he said it.would be a violation of general State law regarding the use of park property. MAYOR Mayor Naughten noted that the Council received an invitation from the International Student Organ- ization at Edmonds Community College to attend their "Carnival of Peace" on March 2, 1990. Mayor Naughten said he will be out of town on March 6, 1990 attending the National League of Cities conference. COUNCIL Councilmember Palmer said he would like a copy of the appraisal for the Tuson property. Councilmember Palmer suggested that the Council discuss at the Council retreat the public disclo- sure information that the City requires. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO RESCHEDULE THE MARCH 13, 1990 MEETING TO MARCH 12, 1990 BECAUSE OF THE POLITICAL CAUCUSES TO BE HELD ON MARCH 13. MOTION CAR- RIED WITH COUNCILMEMBER HERTRICH OPPOSED. EDMONDS CITY COUNCIL MINUTES Page 10 FEBRUARY 27,1990 Councilmember Palmer inquired about the status of the prosecutor selection process. City Attor- ney Scott Snyder said he met with Personnel Manager Brent Hunter and Police Chief Dan Prinz and received general parameters. He said he will try to meet with the selected attorney on Friday to get a rough outline of a contract. Councilmember Kasper said it sounded pretty political to him and that he had not seen who the other applicants were. Councilmember Kasper said the Puget Sound Council of Governments (PSCOG) maintains that the City is still a member of that organization even though the City formally withdrew its membership. Councilmember Kasper noted that he attends the meetings as a Community Transit representative and that the Mayor attends those meetings as a SnoTran representative. Mayor Naughten said the City is still technically a member for another year. Mr. Snyder said he delivered a resolution to the City and included language specifically addressing the situation that when a Councilmember as a delegate to another body is appointed as a delegate to PSCOG, he is not representing the City. City Clerk Jackie Parrett noted that that the resolution is scheduled for next week's Council meeting. Mayor Naughten adjourned the meeting at 10:15 p.m. COUNCILMEMBER PALMER MOVED, SECONDED BY COUN- CILMEMBER WILSON, TO EXTEND THE MEETING. MOTION CARRIED. * Councilmember Kasper said he spoke with State officials who assured him that jumbo ferries will be in Edmonds. Councilmember Kasper noted that the State Transportation Commission will be in Edmonds either on March 16th or March 17th. Councilmember Kasper said he wanted to participate in the discussion regarding senior housing options on March 20 but would be out of town. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEM- BER JAECH, TO RESCHEDULE THE DISCUSSION TO MAY 15, 1990. MOTION CARRIED WITH COUNCILMEMBER HERTRICH OPPOSED. The Council recessed to an executive session at 10:16 p.m. and adjourned thereafter. THESE MINUTES ARE SUBJECT TO MARCH 6, 1990 APPROVAL. ACQ LINE G. PARRETT, City Clerk SJVAUGHTEN, I Mayor * See Council Minutes of March 6, 1990 EDMONDS CITY COUNCIL MINUTES Page 11 FEBRUARY 27,1990 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. FEBRUARY 27, 1990 WORK MEETING - NO AUDIENCE PARTICIPATION CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF FEBRUARY 13, 1990 AND FEBRUARY 20, 1990 (C) AUTHORIZATION TO HIRE GUARINO EXCAVATING, INC., FOR DEMOLITION OF HOUSES AND FOUNDATIONS AT NEW PUBLIC WORKS SITE ($6,340) (0) AUTHORIZATION TO PURCHASE FOUR -GAS VEHICLE EMISSION ANALYZER FOR EQUIPMENT RENTAL SECTION (E5,800) (E) AUTHORIZATION TO CALL FOR BIDS FOR DECORATIVE STREET LIGHTING FOR 5TH AVE. S. AND CENTENNIAL PROJECT (F) PROPOSED ORDINANCE 2756 CONFIRMING MONTHLY PARKING FEE AT CITY 4TH AVE. PARKING LOT (G) PROPOSED ORDINANCE 2757 AMENDING EDMONDS CITY CODE 4.60 RELATING TO TAXICABS TO EXCLUDE LIMOUSINES AND CHAUFFERS, IN ACCORDANCE WITH RECENT STATE LEGISLATION (H) APPROVAL OF TAXICAB LICENSE RENEWAL FOR A-1 TAXI, INC. (I) APPROVAL OF TAXICAB LICENSE RENEWAL FOR GREEN RIVER HAULING, DBA NORTHWEST CAB, PLAZA CAB, AND YELLOW. CAB (J) AUTHORIZATION TO REPLACE UNIT Y12 (1977 FORD PICKUP/STREET DEPT.) AND PURCHASE 1990 CHEVROLET PICKUP FROM WASHINGTON STATE PURCHASING CONTRACT ($12,652) (K) AUTHORIZATION TO REPLACE UNIT #89 (1980 FORD PICKUP/WATER DEPT.) AND PURCHASE 1990 CHEVROLET PICKUP FROM WASHINGTON STATE PURCHASING CONTRACT ($12.652) (L) AUTHORIZATION TO PURCHASE ADDITIONAL VEHICLE FOR SEWER DEPT., 1990 DODGE ONE -TON FLATBED, FROM WASHINGTON STATE PURCHASING CONTRACT ($12,892) (M) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING PROPOSED 8-LOT PLAT AT APPROXIMATELY 7729 234TH ST. S.W. (P-6-89/BRANDEL) (N) PROPOSED ORDINANCE 2758 AMENDING OFFICIAL STREET MAP, REMOVING UNBUILT CUL-DE-SAC AT THE WEST TERMINUS OF 231ST ST. S.W. (ST-5-89/BRANDEL) (0) PROPOSED ORDINANCE 2759 AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE TO ALLOW SMALL ANIMAL HOSPITALS AS A PRIMARY PERMITTED USE IN THE BN ZONE (CDC-6-89) (P) PROPOSED ORDINANCE 2760 AMENDING OFFICIAL ZONING MAP, CHANGING ZONING CLASSIFICATION AT 7315 212TH ST. S.W. FROM RM2.4 TO CG2 (R-1/89 PEEHL/DOUGLAS) (Q) FORMAL APPROVAL OF APPROVED ITEMS FROM FEBRUARY 20, 1990 ADMINISTRATIVE SERVICES COMMITTEE MEETING (R) FORMAL APPROVAL OF APPROVED ITEMS FROM FEBRUARY 20, 1990 COMMUNITY SERVICES COMMITTEE MEETING 2. CWC-HDR MONTHLY REPORT AND APPROVAL OF AMENDMENT i8 TO ENGINEERING AGREEMENT 3. COUNCIL DISCUSSION OF CABLE TV NEGOTIATION PROCEDURE WITH CONSULTANT 4. HIGHWAY 99 TASK FORCE PRESENTATION 5. FINAL REVIEW OF SOLID WASTE INTERLOCAL AGREEMENT WITH SNOHOMISH COUNTY 6. CONTINUED DISCUSSION ON ACCESSORY DWELLING UNITS, AND SET HEARING DATE (CONTINUED FROM DECEMBER 27, 1989) 7. AUTHORIZE APPLICATION FOR COASTAL ZONE MANAGEMENT GRANT FUNDS 8. REVIEW OF HUTT HOUSE STATUS 9. MAYOR 10. COUNCIL 11. EXECUTIVE SESSION - LITIGATION REPORT THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE