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05/15/1990 City CouncilTHESE MINUTES SUBJECT TO MAY 22, 1990 APPROVAL EDMONDS CITY COUNCIL MINUTES MAY 15, 1990 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Pro Tem Nordquist at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag sa- lute. PRESENT John Nordquist, Mayor Pro Tem Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember William Kasper, Councilmember Jeff Palmer, Councilmember Jack Wilson, Councilmember Brian Mason, Student Representative ABSENT STAFF Larry Naughten, Duane Bowman, Asst. City Planner Mayor Peter Hahn, Comm. Svc. Director Bob Alberts, City Engineer Art Housler, Admin. Svc. Director Bobby Mills, Public Works Supt. Dan Prinz, Police Chief Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Council President Nordquist served as Mayor Pro Tem in the absence of Mayor Naughten. CONSENT AGENDA COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (B) APPROVAL OF MINUTES OF MAY 1, 1990 (C) AUTHORIZATION TO ADVERTISE FOR BIDS FOR PUBLIC WORKS EMPLOYEE UNIFORMS AND LAUNDRY SERVICE ($30,000) (D) ACCEPTANCEPOF WORK BY KID CONSTRUCTION FOR DOWNTOWN HANDICAP RAMPS, AND SET 30 DAY RETAIKOD E) REPORT ON BIDS OPENED APRIL 25, 1990 FOR 1990 STREET OVERLAY PROGRAM AND AWARD OF CONTRACT TO ASSOCIATED SAND AND GRAVEL T- (F) AUTHORIZATION TO CALL FOR BIDS FOR COMPLETION OF REROOFING OF ANDERSON CENTER �G) ACKNOWLEDGMENT OF RECEIG DR.PTCLAIM FOR DAMAGES FROM PROFESSIONAL REALTY OPTIONS (GENE ($ ) (H) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH STATE DEPARTMENT OF REVENUE FOR ADMINISTRATION AND COLLECTION OF LOCAL NATURAL GAS USE TAX (I) REPORT ON AND REJECTION OF BIDS OPENED MAY 8, 1990 FOR CENTENNIAL PLAZA BRICKWORK PROJECT AND AUTHORIZATION TO CALL FOR RE -BID AUDIENCE Mayor Pro Tem Nordquist opened the public portion of the meeting. No public input was offered. Mayor Pro Tem Nordquist closed the public portion of the meeting. N-LHEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING REQUIRED STREET AND SIDEYARD SETBACKS AT-23 - 5CANT: FRED AND PR15CILLA REUBLE/FILE AP-6-90/V-7-90— Assistant City Planner Duane Bowman reported 'that Fred and Priscilla Reuble built a boat shed without a building permit within the required street and south sideyard setbacks on their proper- ty at 23319 - 75th Ave. W. The Reubles were directed by the City to apply for a variance if they wished to keep the structure. Mr. Bowman said the Hearing Examiner held a a public hearing on March 22, 1990 on the Reubles' variance request. On April 5, 1990, the Hearing Examiner issued his decision denying the request- ed variances to reduce the street setback from the required 25 feet to 2 feet and to reduce the south sideyard setback from the required 10 feet to 3 feet for the boat shed. Mr. Bowman noted that he had circulated photographs of the neighborhood and the boat shed to the Council that were entered as an exhibit at the Hearing Examiner meeting. Mr. Bowman reviewed a transparency depicting the location of the existing house, carport and boat shed. He noted that a variance had previously been granted for the house and carport. In response to questions by Councilmember Hertrich, Mr. Bowman said the shed sits on a slab but has not been anchored to a foundation. He said there is a home located to the south of the sub- ject property that is setback 28 feet from the shed; and there is a 12 foot undeveloped private easement that runs along the length of the south property line. Councilmember Hertrich requested City Attorney Scott Snyder to explain how the Code defines a temporary structure and a permanent structure. Mr. Snyder said the Code does not refer explicit- ly to the terms "permanent" or "temporary" but refers to a structure as a combination of materi- als attached to the ground and a building as a structure with a roof. Councilmember Dwyer inquired if anyone else besides Steve Akers had expressed an opinion at any hearing with regard to this matter. Mr. Bowman replied negatively. Priscilla Reuble, 23319 - 75th Ave. W., said the boat used to be stored at a relative's house on Camano island but was moved onto the subject property so that Mr. Reuble can work on it and as a matter of convenience. Ms. Reuble said the boat and trailer measures 22 feet and is too long to park in the garage be- cause the garage is only 19 feet 10 inches. She said the boat is a valuable racing boat, and the shed was constructed to protect it from the elements and from vandalism. Ms. Reuble said she backs into her driveway because the Planning Department recommended when the variance for the carport was being processed that vehicles do not back onto 75th Ave. W. Ms. Reuble said there is a high degree of visibility on 75th for both the Reubles and for oncoming traffic when they are exiting the shed. She noted that the shed is not an eyesore because it blends in with the house and the surroundings. With regard to the Findings of Fact of the Hearing Examiner, Ms. Reuble noted that their address was incorrectly printed as 75th Avenue West when it is, in fact, 75th Place West. Ms. Reuble. said the only place the shed can be located on the subject property is where it pres- ently exists because access to the property is limited to 75th Avenue West and the property slopes steeply away from 75th Place West to the east. She said construction is limited on the north side of the property because there is a 7.5 foot.water line easement running the entire length of that elevation. She noted that there is 28 feet between the existing shed and the neighbor's house, which includes a 12 foot easement. Ms. Reuble said the Hearing Examiner referred to the shed as a detached garage, but she said it is not intended to be used as a garage; only as a storage shed because it is only 8 feet 9 inches and cannot accommodate a vehicle. Ms. Reuble said the shed was constructed to protect the boat from the weather and the pine trees. She said the shed cannot be located anywhere else on the property without removing the trees. In response to a statement in the Findings of Fact, Ms. Reuble said only one variance was granted to the Reubles for the carport, and there has been no other car storage. She clarified that any other variances that were granted for the property were obtained by the previous owner for build- ing purposes. To clarify an earlier statement in response to a question by Councilmember Hertrich, Mr. Snyder stated that "setback" is defined as the minimum distance that buildings/structures or uses must be set back from a lot line. He said there are definitions in the Code for temporary and perma- nent structures, but all structures must be set back from a property line. Mayor Pro Tem Nordquist opened the public portion of the hearing. Steve Akers, 23325 - 75th Ave. W., said he was in support of the variance request because the shed is well built and is more aesthetically appealing than a tarp would be. Additionally, he said he would prefer that none of the trees on the Reubles' property are taken down to accommo- date storage for the boat. Mr. Akers clarified that the private easement south of the Reubles' home is owned by the neighbor behind him. EDMONDS CITY COUNCIL MINUTES Page 2 MAY 15, 1990 Earl Govier, 23326 - 76th W., said he probably sees the shed more than anyone else in the neigh- borhood, and he said he has no objection to its presence. Mr. Govier said he would rather see the shed than the boat with a tarp over it. Mayor Pro Tem Nordquist closed the public portion of the hearing. Councilmember Hertrich referred to Conclusion f3 in the Hearing Examiner's report regarding spe- cial circumstances. Because of the steepness of the topography, he said it was apparent to him that special circumstances do exist and that the criteria, therefore, have been satisfied. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO UPHOLD THE APPEAL AND APPROVE THE VARIANCE. To more specifically address the criteria, Councilmember Dwyer said the existence of special circumstances relates to the topography of the lot; approval of the variance would not be a grant of a special privilege because structures like the boat shed exist in the City in single family zones; the proposal is consistent with the Comprehensive Plan; no testimony of any detrimental nature to the surrounding property has been given; the variance request is the minimum necessary because it is not of a type which lends itself to automobile use but is defined strictly for the use of the boat; the shed is located in proximity to the road that other structures on the lot are located; the location of the shed lends itself to the preservation of trees on site; the easement to the south provides a side yard setback. Councilmember Palmer disagreed with the comments that were made in support of the motion. He said the argument that the shed can'only be used for storage and cannot accommodate vehicles was a weak argument because a vehicle could be parked in that structure. He said there is the poten- tial for an accident when the boat is backed into the shed and pulled out of the shed. Further, the easement to the south may not remain indefinitely. And, lastly, the variance request would be a grant of a special privilege. A ROLL CALL VOTE WAS TAKEN. MOTION FAILED WITH COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, AND COUNCILMEMBER JAECH IN FAVOR; COUNCILMEMBER NORDQUIST, COUNCILMEMBER KASPER, COUNCILMEMBER PALM - ER, AND COUNCILMEMBER WILSON OPPOSED. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO UPHOLD THE HEARING EXAMINER DECISION AND DIRECT THE CITY ATTORNEY TO DRAFT THE FINDINGS AND CONCLUSIONS. MOTION CARRIED WITH COUNCILMEMBER NORDQUIST, COUNCILMEMBER KASPER, COUNCILMEMBER PALMER, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, AND COUNCILMEMBER JAECH OPPOSED. Councilmember Hertrich asked Mr. Snyder if the shed has to be completely removed. Mr. Snyder said not only does the shed have to be removed, but storage in that location is prohibited, as well. Mayor Pro Tem Nordquist noted that an executive session will be held following the agenda to discuss a land acquisition matter. SECOND HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PROPOSED ORDINANCE AMENDING COMMUNITY DEVELOPMENT CODE RELATING TO LAND CLEARING N UT N DC-2-89/ DM Assistant City Planner Duane Bowman reported that on March 6, 1990, the City Council held a pub- lic hearing on the Planning Board's recommendation for a proposed code amendment which would establish new regulations governing tree cutting and clearing in Edmonds. Mr. Bowman said the need for a clearing ordinance has been emphasized during the two months since the Council hearing. During that period, he said there have been at least four instances where a clearing ordinance would have prevented indiscriminate tree cutting, the most notable being on the YMCA property on 212th Street Southwest. Mr. Bowman noted that a copy of the minutes from the March 6, 1990 Council meeting and the pro- posed clearing regulations were included.in the Council packets. Mr. Bowman said it is the recommendation of Staff to adopt the Planning Board's recommendations and direct the City Attorney to prepare the necessary ordinance. Mr. Bowman explained that the intent of the proposed ordinance is not to prohibit people from cutting trees but to make them think about it in the process. Councilmember Hertrich inquired about the lot size that will require a permit to cut trees. Mr. Bowman reviewed titled 18.45.030, which outlined exemptions from the provisions of the chapter. EDMONDS CITY COUNCIL MINUTES Page 3 MAY 15, 1990 Councilmember Hertrich inquired if the owner of a lot capable of being subdivided could claim exemption from the proposed ordinance applying item (C) of 18.45.030 - routine landscape mainte- nance and gardening. Mr. Bowman said routine maintenance could be done on a double lot, but a permit would have to be issued for any tree cutting. Councilmember Hertrich inquired if a two-year time limit in which tree cutting would be prohibit- ed on a lot that is capable of being subdivided would simplify the matter. Mr. Bowman replied negatively. He reminded Councilmember Hertrich that the intent of the ordinance is not to prohib- it tree cutting but to encourage people to selectively remove a tree. Councilmember Wilson inquired how a developer will be restricted from planting trees that will grow in excess of the 25 foot height limit. Mr. Bowman said that issue'is addressed in the ADB landscape ordinance that was recently adopted. Councilmember Wilson asked who will enforce that ordinance. Mr. Bowman said Staff will enforce it. Councilmember Wilson inquired if the develop- er of a subdivision will be required to place covenants on the land restricting the growth of a tree to a certain height. Mr. Bowman said the developer of a view lot usually institutes private restrictive covenants. Councilmember Wilson inquired if the City can require a developer to institute covenants to that effect. Mr. Bowman replied affirmatively. Councilmember Jaech inquired if a permit can be issued to remove a tree that exceeds the height limit in an area that has instituted a height restriction on trees. City Attorney Scott Snyder replied affirmatively. He suggested that the covenant governing the lots be approved by the City Council as part of the subdivision process. Councilmember Palmer said circumstances may arise where the City may want to look at a reduced fee or elimination of the fee for smaller projects or for a lot that is capable of being subdivid- ed. Councilmember Palmer pointed out that the Planning Board has recommended that private cove- nants for new subdivisions and PRD's should address view encroachment and problems that might restrict view corridors. Mayor Pro Tem Nordquist opened the public portion of the hearing. Kathryn Peterson, 16710 - 76th Ave. W., said she lives. in an environmentally protected area. She spoke in favor of the proposed ordinance because she has observed the detrimental effect to the environment when tree cutting is not regulated. Ms. Peterson said she felt the residents in -her neighborhood have a responsibility to preserve their neighborhood not only for themselves but for the benefit of generations to. come. Ms. Peterson strongly urged the Council to adopt the proposed ordinance. Margaret Stalker, 958 Sprague St., said she likes trees but objects to trees that are allowed to grow to excessive heights and block views. Chester Curtis, 402 - 9th Ave. S., said he was opposed to the proposed ordinance for the follow- ing reasons: 1) no one has stated a need for the ordinance. He recalled that Mayor Naughten stated earlier that most of the lots in Edmonds have already been developed. Mr. Curtis said the few lots that are not developed can be controlled by the landscaping ordinance; 2) there is no consistency in the Code with regard to height restrictions because the City allows trees to grow to excessive heights but regulates the height of buildings to 25 feet; 3) he did not believe it was a good policy to adopt an ordinance that will devalue property by retaining trees that grow to excessive heights and create view obstructions. Mr. Curtis believed the City should do all it can to protect property values and the rights of its citizens. Nancy May, 1350 - 6th Ave. S., spoke in support of the proposed ordinance. She said it was obvi- ous to her that a process is necessary to eliminate the indiscriminate cutting of trees. Ms. May said she did not believe a property owner is entitled to the same view and conditions that existed at the time he/she purchased a home. Ms. May said she did not think the proposed ordinance is a view ordinance because tree cutting is a separate issue from views. Ms. May said the quality of life in Edmonds is dependent upon a farsighted and detailed process for development. Ms. May felt more strength is needed in section 18.45.030(B) in order to prevent clearing of trees before Architectural Design Board approval is granted for a project. EDMONDS CITY COUNCIL MINUTES Page 4 MAY 15, 1990 Richard Slettvet, 21027 Shell Valley Way, spoke in support of the proposed ordinance. He said the environment is in such a state that everyone needs to make sacrifices and political decisions to start doing a better job of protecting the environment. Pat Ford, 7114 - 164th St., spoke against the proposed ordinance because he said it will preclude people from retaining their views. Mr. Ford said residential property values have greatly depre- ciated in his neighborhood because unattended trees have created view obstruction. He noted that the City has imposed a height restriction on buildings, and he questioned why the City would not impose the same restriction on planted trees. Jeannie Anderson, 16727 - 74th Pl. W., strongly urged the Council to adopt the proposed ordinance. Ms. Anderson suggested that no fee be charged to obtain a permit for the developer, as well as the single family home owner, to encourage developers to go through the process. Ms. Anderson inquired if tree cutting for installation and maintenance of public utilities would be precluded in parks or environmentally sensitive areas if the ordinance is adopted. Mr. Bowman said the Parks Board would review that type of development, but it would not necessarily be pre- cluded from occurring. Ms. Anderson inquired about the wording on page 8 regarding topping not being an appropriate pruning method. Mr. Bowman said the Planning Board has recommended that topping of trees not be considered as a method of pruning. Hugh Gardner, 15712 - 71st Ave. W., said his view of the Sound has been completed obstructed over the years because the trees in front of his lot have grown to excessive heights. Mr. Gardner said he would appreciate it if the City took some action to protect views that have been obstruct- ed. Mr. Gardner was opposed to topping of trees. He believed trees that are excessively high should be removed and a tree planted in its place that will only grow to a certain height. Mayor Pro Tem Nordquist closed the public portion of the hearing. Mr. Snyder noted that the Planning Board's comments that topping is not an acceptable form of pruning related to public land, and nothing in the ordinance limits pruning methods on private property. Councilmember Palmer recommended the following amendments to the proposed ordinance; 1) require tree covenants in new subdivisions and PRD's; 2) do not charge a permit fee for one year, if the ordinance is enacted, and no permit fee thereafter for requests within a one year period to cut five or less trees that are determined by Staff to be insignificant. Councilmember Palmer said he thought it was "time to bite the bullet", and he recommended passage of the proposed ordinance. Councilmember Hertrich said he fully supported prohibiting developers from clear cutting trees on a lot for development, but he did not believe the City should mandate what a private property owner may do on his own lot. Councilmember Hertrich recommended that a waiting period be includ- ed in the proposed ordinance, as well as a monetary fine, to deter developers from illegally cutting trees on a lot. Councilmember Dwyer noted that most of the decisional criteria in the proposed ordinance is phrased in terms of no more construction than, necessary for the proposed development. He in- quired what wording could be written into the ordinance that would encompass that provision that does not relate it just to proposed development. Mr. Snyder said the performance standards or the definition of routine maintenance could be referred to. He noted that routine maintenance does not deal with removing dead or diseased trees but only to pruning or trimming. Mr. Snyder said removing trees on a .larger lot for: fire wood, inappropriate plantings or removing dead or diseased trees would seem to be a reasonable expansion of the code. Councilmember Kasper said the City is made up of areas that have different characteristics from one another, and the ordinance does not address each of those areas specifically. He suggested that the proposed ordinance be discussed further in a committee meeting. Councilmember Wilson noted that testimony was given that the Council has been derelict for not doing more about mitigating problems with tree heights that impact views. He explained that the courts have held that it is not within the City's power to govern that issue and so the City's hands are somewhat tied. He said the institution of a covenant on the face of a plat can quickly resolve a dispute between property owners in a civil lawsuit. Councilmember Wilson said the City EDMONDS CITY COUNCIL MINUTES Page 5 MAY 15, 1990 does have control, however, over trees that block views in the public right-of-way, and he recom- mended that the Council establish a process to provide relief in that instance. He also suggest- ed that interested citizens form a group to mediate a dispute between neighbors when a tree is blocking someone's view. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO TABLE THE ISSUE UNTIL JUNE 26, 1990 FOR CONTINUED DELIBERATION. Councilmember Palmer said it behooves the Council to immediately pass the concepts outlined in the ordinance and then work out the details in a work meeting. MOTION CARRIED WITH COUNCILMEMBER PALMER OPPOSED. Councilmember Jaech inquired if the Council could impose a moratorium on tree cutting until the ordinance is adopted. Mr. Snyder replied negatively. He said a moratorium prevents the City from issuing a permit, and he pointed out that there is nothing in place at the present time to prohibit or require a permit. SECOND HEARING ON CURBSIDE RECYCLING PROGRAM AND PROPOSED ADOPTION OF ORDINANCE IMPLEMENTING Community Services Director Peter Hahn reported that following the first Council hearing on the recycling ordinance on April 3, the City mailed to over 9,000 households a letter from the Mayor and the Council President announcing the May 15th hearing on recycling and describing elements of the recycling program. Only about 20 telephone calls and a couple of letters were received by way of public comment. Mr. Hahn said the proposed ordinance has been amended to reflect Council direction with regard to multifamily facilities for recycling. He said that particular element is also scheduled for discussion by the Planning Board. Mr. Hahn reviewed the other amendments from the April 3 hear- ing as follows: prohibition of mixing of yard waste and garbage once yard waste services are available; "singe family" is changed to "non -multifamily"; the goals for effective dates were postponed from July 1, 1990 to September 1. Mr. Hahn noted that the County Council recently approved the long haul option to Klickitat County and set a tipping fee of $62 per ton for service areas that have implemented a recycling program and a fee of $72 per ton for service areas that do not have a recycling program in place. Mayor Pro Tem Nordquist opened the public portion of the hearing. James Chapman, 23321 - 75th Ave. W., spoke in favor of the ordinance because he said it will encourage people to recycle who do not recycle at the present time. Mr. Chapman said plastics are one of the major problems, in- the waste stream, and he urged that the section of the proposed ordinance addressing plastics be strengthened to the effect that the City and the hauler shall together aggressively work to find a marketplace to institute recycling of plastic materials. Mr. Chapman said the section of the proposed ordinance that refers to the City recycling its own materials is vague. He suggested that the City, limit its use of utensils to paper utensils in- stead of plastic and that the City publish all its literature on recyclable paper. Mr. Chapman also suggested that the haulers provide an annual report to the City with regard to the success rate of the program. Judith Gorman, 1010 Brookmere Dr., said she fully supports the recycling program. She felt the cost of recycling should be borne by everyone. Because the program is a new program in Edmonds and not everyone is accustomed to recycling, Ms. Gorman suggested that incentives be provided. She thought a credit system for a full recycling bin and less in the garbage bin will encourage people to participate. Ms. Gorman said the issue of plastics needs to -be addressed more specifically and that a market- place for recycling of those materials should be -more aggressively sought. Joan Giehl, 307 Caspers, said the City -funded .'recycling information cart is located in Dayton Place and will soon have the City's logo on it and information that the City has funded it. EDMONDS CITY COUNCIL MINUTES .Page 6 MAY 15, 1990 Ms. Giehl felt recycling is a community responsibility and that everyone in the community should bear the costs. She said people who choose not to recycle add to the burden that everyone shares, and she said it is important that awareness is heightened. Ms. Giehl was hopeful that a community -wide composting program will be implemented. Richard Slettvet, 21027 Shell Valley Way, said the City needs to take leadership with regard to the solid waste stream problem, and he suggested that the City Council and Planning Board refrain from using styrofoam cups and that the City ban the use of styrofoam cups and plastic materials at City events (i.e, the Taste of Edmonds). David Wiggant, 8601 - 188th, requested clarification of some of the wording contained in the public notice for the hearing. Mr. Hahn clarified that Sound Disposal serves approximately 20% of Edmonds customers, Lynnwood Disposal serves approximately 80%, and Northwest Disposal serves approximately 70 customers in Edmonds. He said the services provided by those haulers for recy- cling will be very similar. Mr. Wiggant did not feel that the details of the recycling program have been "worked out proper- ly", and he thought the City should not rush into an agreement until all options are fully ex- plored. Mr. Hahn explained that the ordinance is not an agreement between the City and the haul- ers but it is one of intent, and he said the only agreement that exists is a tariff between the Washington Utilities and Transportation Commission (WUTC) and the haulers. Mr. Hahn said the City Council intends to review the performance of the haulers and has a number of options to do different things with the haulers if the City is not satisfied with the program. Mr. Wiggant inquired if his understanding was correct that the City can set recycling rates with review by the WUTC. Mr. Hahn replied affirmatively. He said, however, the City can opt into a spectrum of minimum involvement to maximum involvement by actually forming a utility, but the Council made a determination to allow the WUTC to set the rates. Councilmember Jaech inquired about the process involved if the City actually set the rates. Mr. Hahn said the agreement be- tween the City and haulers may have to be amended to state that the City will set the rates, or the City can pay the WUTC to provide services for accounting and calculating the rates. Mr. Wiggant was hopeful that the recycling program will allow him to reduce his garbage bill as a result of less volume and that solid waste generated by thew City will be reduced from $62 per ton to $44 per ton. He believed Edmonds should be a leader in the area as a City committed to mini- mizing its detrimental contribution to the environment. Brian Laws, representing Fibres International in Bellevue, was hopeful that the City will solicit RFP's for the recycling program and allow Fibres International to be involved in the process. Mr. Laws said Fibres International provides 'collection services for the Cities of Redmond and Bellevue and five cities in eastern Snohomish County. He said the organization has the ability to provide a full spectrum of services ranging from residential curbside recycling and yard waste programs, commercial and apartment recycling, yard waste drop sites, and pallet recycling in industrial centers. He noted that the City can custom write an RFP. Councilmember Hertrich inquired if the organization picks up plastic materials. •Mr.'Laws replied affirmatively. Councilmember Palmer inquired what would prevent Fibres International from approaching the WUTC with a proposal for a recycling program with set rates for Edmonds. Mr. Hahn said the Waste Not Washington Act gives the City the authority to bid a recycling program. Pete Jacobtruk, 7671 - 199th St. S.W., said he currently takes his recyclable materials to a parking lot in front of a church. He said the benefit 'to him is not that he has reduced his garbage volume but that he is benefitting the community as a whole. He was concerned, however, with the mess that accumulates at the drop-off site. Mr. Jacobtruk urged the Council to consider allowing citizens to take their recycle materials to a drop-off site rather than force everyone to participate in a curbside recycling program. He thought an effort should be made, though, to improve the aesthetic quality of the drop-off sites. Councilmember Hertrich noted that the tipping fee will increase from $62 per ton to $72 per ton if the City does not implement a recycling program. John Paul Jones, Executive Director of Washington Waste Management Association, P.O. Box 1486, Olympia, speaking on behalf of the organization, was in support of the ordinance. He said the ordinance meets the goals of 1671; is a public/private cooperative effort; and recognizes the need to be environmentally conscious and, yet, be economically viable. EDMONDS CITY COUNCIL MINUTES Page 7 MAY 15, 1990 Mr. Jones said the resources of the Association are available to Sound Disposal and any other membership. Mayor Pro Tern Nordquist closed the public portion.of the hearing. In response to comments by the public, Mr. Hahn said the following amendments to the proposed ordinance can be made: amend 7.70.030(I) to reflect more participation on the City's behalf; 7.70.030(H) can be amended to provide that rates shall be spread across all customers; 7.70.070(A) can be amended to read, "It is the intent of the City Council to formally review the programs of the two haulers after approximately one year of operation and at approximately one year intervals thereafter". Mr. Hahn noted that Redmond is the only local city that is instituting a recycling program on the same scale and aggressiveness as the non -multifamily class. He added that it is the Council's decision whether or not to strengthen 7.70.120(3). Councilmember Palmer recommended the following changes to the proposed ordinance: 7.70.030(3)(4) - change the word "cans" to "containers"; change the wording in the last paragraph of 7.70.030(A) to read, "Other recyclable materials, such as plastics or waste oil, may be collected on a contin- uing basis at the option of the City...". Councilmember Hertrich requested the haulers to com- ment on that proposed amendmentl:ore the Council took any action; 7.70.030(H) - include wording that rates shall be spread among all customers. Councilmember Jaech said implementation of the rate structure must be well thought out so that incentives are not taken away. Mr. Hahn said yard waste will not be included in the basic rate. He said the rate will always include recycling fees, and the rates will be differentiated only by the number or size of containers a person uses. Councilmember Jaech was interested in providing incentives for people to recycle and dispose ofi yard waste. properly to prevent illicit dumping. Nora Smith, Snohomish County Recycling Manager, said there is an argument in favor of spreading the cost among all customers because she said the number of people who would use the service would be fewer if the rates were not assessed to everyone and the rates would be greater if the service was not provided to everyone. She said the entire community will benefit from a curbside recycling program even if some individuals take their recyclable materials to a drop-off site because there will be a reduction in the volume of'garbage in the system. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO CONTINUE THE DISCUSSION TO MAY 22, 1990 AND INVITE THE HAULERS AND COUNTY Tb PARTICIPATE, AND RESCHEDULE THE REVIEW OF THE WESTGATE PLANNING STUDY TO JUNE 5, 1990. MOTION CARRIED. REVIEW CITY PROSECUTOR PROPOSAL FROM CITY ATTORNEY P City Attorney Scott Snyer said the resume of David Steiner is acceptable to Police Chief Dan Prinz. Mr. Snyder said Steiner will provide basic prosecution services at a rate of $3,200 per month. If Mr. Steiner is unable to cover a court date,>his flat fee will be reduced proportion- ately and Ogden Murphy Wallace will provide a. prosecutor at its retainer rate. Mr. Snyder said Mr. Steiner and Ogden Murphy Wallace will be liable to indemnify the City for any acts of malprac- tice and loss due to intentional acts or negligence. Councilmember Hertrich inquired if the other candidate for the prosecutor's position was accept- able to Chief Prinz. Chief Prinz replied affirmatively. Councilmember Hertrich inquired what the benefit to the City would be in hiring Mr. Steiner, who is an out-of-town attorney, versus the other candidate, who practices locally. Councilmember Wilson said the Council will have more control. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER PALMER, TO ACCEPT THE CITY ATTORNEY'S RECOM- MENDATION FOR PROSECUTING SERVICES. Councilmember Hertrich was uncomfortable with the recommendation because he said Mr. Steiner is not a local attorney; costs will be higher because Mr. Steiner's services will be billed through the City Attorney's office rather than directly,; Mr. Steiner does not have a partner to cover court dates if he is unable to attend. Councilmember Palmer said there is an advantage to hiring Mr. Steiner because there will be better coordination of services; an opportunity for cost con- tainment; and a competent degree of oversight. Councilmember Hertrich said he was still not satisfied with the justification for hiring Mr. Steiner. Councilmember Dwyer asked Mr. Snyder to estimate how many hours would be spent per month for oversight of the contract. Mr. Snyder estimated five hours. Councilmember Dwyer recalled that EDMONDS CITY COUNCIL MINUTES Page 8 MAY 15, 1990 the City reduced its retainer hours by 5 or 6 hours per month, but 5 to 6 hours per month of retainer hours will be added if Mr. Steiner is hired which, he said, does not translate into a cost savings. Councilmember Jaech inquired why a Prosecutor Pro Tem could not be hired in the event that Mr. Steiner is not available. She inquired if the amount of malpractice insurance is adequate. In response to Councilmember Dwyer, Mr. Snyder said Mr. Steiner's services plus oversight fees will cost the City $43,200 per year but if Mr. Snyder acted as the City's prosecutor, the fee would be $60,000 per year. In response to Councilmember Jaech, Mr. Snyder said Mr. Steiner's insurance policy limits are $500,000/$1,000,000 and he will be required to name the City as an additional named insurance with a thirty -day notice. Councilmember Jaech noted that the Municipal Court judge's performance is not overseen by any- one. She questioned why it is proposed that Mr. Steiner's performance be overseen by the City Attorney. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER NORDQUIST, COUNCILMEMBER KASPER, COUNCILMEMBER PALMER, AND COUNCILMEMBER WILSON IN FAVOR;- COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, AND COUNCILMEMBER JAECH OPPOSED. REVIEW COUNCIL PRESENTATION TO STATE TRANSPORTATION COMMISSION REGARDING FERRY Councilmember Kasper noted that a draft statement of the Council's presentation was prepared to _�N" 4 present to the State Transportation Commission, which was circulated to the Council. He said C benefits of the Union Oil site, parking, vans, intermodal and commuter aspects and smaller fer- ries will be discussed. As a procedural matter, Mayor Pro Tem Nordquist adjourned the meeting at 10 p.m. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO EXTEND THE MEETING UNTIL 10:30 P.M. MOTION CARRIED. MAYOR Mayor Pro Tem Nordquist said the following liquor licenses were recommended to be approved if no objection was noted: House of Teriyaki, beer and wine on premises; 101 Sunset Strip Restaurant, change in corporate officers; and Ciao Italia, beer and ,wine on premises and bottled wine to go. No objection was noted by the Council. F' Councilmember Jaech said she has received a complaint:'from a citizen that a commercial truck is traveling on Walnut Street. City Attorney Scott Snyder stated that chapter 8.56 provides that any commercial vehicle over 10,000 pounds can be prohibited on residential streets if signage is posted. Community Services Director Peter Hahn said' it would be impractical to place signage everywhere that trucks are prohibited but Staff can put signage where they are permitted. Councilmember Jaech noted that items are being placed on the Administrative Services Committee agenda that do not relate to administrative services, and she asked that it be discontinued. .� Councilmember Kasper requested that the issue of tandem parking be set for a public hearing. Mayor Pro Tem said he would schedule a hearing on June 5, 1990. For Staff's benefit, Councilmember Palmer noted that only the City Council and City Attorney will attend the executive session on Saturday and the City Council, City Attorney and Mayor only will attend the public disclosure session during the council retreat. The meeting recessed to an executive session at 10:10 p.m. to'discuss a land acquisition matter and adjourned thereafter. THESE MINUTES ARE SUBJECT TO MAY 22, 1990 APPROVAL.: UCQWtLINE G. PARRETT, City Clerk LARRY S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 9 MAY 15, 1990 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. MAY 15, 1990 6:30 P.M. -- EXECUTIVE SESSION: LABOR NEGOTIATIONS CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF MAY 1, 1990 (C) AUTHORIZATION TO ADVERTISE FOR BIDS FOR PUBLIC WORKS EMPLOYEE UNIFORMS AND LAUNDRY SERVICE ($30,000) (D) ACCEPTANCE OF WORK BY KID CONSTRUCTION FOR DOWNTOWN HANDICAP RAMPS, AND SET 30-DAY RETAINAGE PERIOD (E) REPORT ON BIDS OPENED APRIL 25, 1990 FOR 1990 STREET OVERLAY PROGRAM AND AWARD OF CONTRACT TO ASSOCIATED SAND AND GRAVEL (F) AUTHORIZATION TO CALL FOR BIDS FOR COMPLETION OF REROOFING OF ANDERSON CENTER (G) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM PROFESSIONAL REALTY OPTIONS (GENE SYLTE) REPRESENTING DR. FRANK PACIFICO ($200); (H) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH STATE DEPARTMENT OF REVENUE FOR ADMINISTRATION AND COLLECTION OF LOCAL NATURAL GAS USE TAX (I) REPORT ON AND REJECTION OF BIDS OPENED MAY 8, 1990 FOR CENTENNIAL PLAZA BRICKWORK PROJECT, AND AUTHORIZATION TO CALL FOR RE -BID 2. AUDIENCE 3. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING REQUIRED STREET (30 MINUTES). AND SIDEYARD SETBACKS AT 23319 75TH AVE. W. (APPELLANT/APPLICANT: FRED AND PRISCILLA REUBLE/FILE AP-6-90/V-7-90) 4. SECOND HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PROPOSED (45 MINUTES) ORDINANCE AMENDING COMMUNITY DEVELOPMENT CODE RELATING TO LAND CLEARING AND TREE CUTTING (CDC-2-89/CITY OF EDMONDS) 5. SECOND HEARING ON CURBSIDE'RECYCLING PROGRAM AND PROPOSED ADOPTION OF (30 MINUTES) OF ORDINANCE 2772 IMPLEMENTING RECYCLING PROGRAM 6. REVIEW CITY PROSECUTOR PROPOSAL FROM CITY ATTORNEY 7. REVIEW COUNCIL PRESENTATION TO STATE TRANSPORTATION COMMISSION REGARDING FERRY 8. MAYOR 9. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE