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02/07/1989 City CouncilTHESE MINUTES SUBJECT TO FEBRUARY 21, 1989 APPROVAL EDMONDS CITY COUNCIL MINUTES FEBRUARY 7, 1989 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 Bill Kasper, Council President Steve Dwyer, Councilmember Laura Hall, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember John Nordquist, Councilmember Jack Wilson, Councilmember Dave Berdine, Student Rep. STAFF Mary Lou Block, Planning Div. Mgr. Art Housler, Admin. Svc. Director Peter Hahn, Comm. Svc. Director Jerry Hauth, Hydraulics Engineer Jim Barnes, Parks & Rec. Div. Mgr. Jack Weinz, Fire Chief Bobby Mills, Public Works Supt. Linda McCrystai, Arts Coordinator Dan Prinz, Police Chief Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Mayor Naughten noted that the meeting was incorrectly published in the newspaper as not allowing public participation. He clarified that the meeting was open to audience participation. Mayor Naughten introduced the new Enterprise reporter, Troy Foos. CONSENT AGENDA Items (B), (D), and (F) were removed from the Consent Agenda. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL 64_;,C_ CO-� (C) ACCEPTANCE OF QUIT CLAIM DEED FROM SHIRLEY HENDE, CHARLES WELLS, AND RIA WELLS FOR RIGHT-OF-WAY ADJACENT TO 15901 - 70TH AVE. W. �E) ADOPTED ORDINANCE 2702 RELATING TO THE REGULATION OF THE SALE OF TOBACCO PRODUCTS (G) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH RESPECT TO APPEAL OF ADB DECISION REGARDING LANDSCAPING AT 2201 HIGHWAY 99 (AP-31-88/APPELLANT: WEN-KAI LEE) (H) AUTHORIZATION TO PROCEED WITH DESIGN OF SHELL CREEK/HINDLEY CREEK IMPROVEMENTS (I) FINAL ACCEPTANCE OF WORK BY BRADSHAW GENERAL CONTRACTORS ON FIRE STATION ACCESSORY BUILDING AND SET 30 DAY RETAINAGE PERIOD (J) AUTHORIZATION FOR MAYOR TO EXECUTE AGREEMENT WITH MOUNTLAKE TERRACE FOR LAKE BALLINGER MONITORING AND REHABILITATION ($44,000) (K) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM MARGARET R. BLY ($40) f (L) AUTHORIZATION TO PURCHASE 94 DOZEN SOFTBALLS FOR ATHLETIC PROGRAM FROM BOB SWILLING DISTRICT 10 AMATEUR SOFTBALL ASSN. ($3,166.62) (M) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT FOR PUBLIC HEALTH SERVICE APPROVAL OF MINUTES OF JANUARY 25, 1989 [ITEM (B) ON THE CONSENT AGENDA] Councilmember Kasper referred to a memorandum from the City Clerk as follows: "Councilmember Kasper advised that when he distributed a memo to the Council on January 24 regarding elder13 housing options, he indicated that he wanted it to be included as part of the record. It appar- ently was overlooked, and he would like the subject minutes amended to include the contents of the memo, as follows: "The City of Edmonds needs to provide viable housing options for our elderly. To that end, I suggest' that it should be our goal 'to alter our development regulations to make all forms of elderly housing available in our community'. "By modifying Chapter 20.25 of the Edmonds Community Development Code from not speaking to income level to speak solely to low income, we are leaving out of the solution all of the moderate in- come seniors in Edmonds that would like to have an alternative housing option to their large, nearly empty homes. "As a Council, we should try to encourage the housing industry to create an alternative housing option. Our houses are becoming emptier and so are our schools. We cry about the graying of Edmonds and less and less children. Without an alternative housing option for most of our elder- ly, homes will continue to be partially occupied, thereby not allowing younger families to move into the community. "Our seniors should not have to move away from Edmonds! We need to make available dwelling units that are more suitable to their needs which will free up our housing stock for younger families. "I propose that we, as a Council, sit down with both the Elderly Housing Committee and the Plan- ning Board and hammer out together a policy on senior housing that will keep Edmonds viable and allow our citizens of many years the opportunity of living out their years in their hometown". COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO INCLUDE THE AMENDMENT IN THE MINUTES. Councilmember Hertrich felt the memorandum should not become part of the record because it was not read into the record at the previous meeting. Councilmember Kasper said he had stated that he would not read the memo into the record at that meeting but would submit it to the City Clerk so that it could be incorporated into the minutes. Councilmember Wilson and Councilmember Hall recalled that Councilmember Kasper had made that request. MOTION CARRIED WITH COUNCILMEMBER HERTRICH OPPOSED. �+ Councilmember Kasper made the following correction to page 8, paragraph 1, last sentence: "He fc proposed that items presented by Staff may appear on the Consent Agenda the following meeting". COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE MINUTES AS CORRECT- ED. MOTION CARRIED. Mayor Naughten recommended that Item #8 on the agenda, hearing on appeal of Hearing Examiner decision regarding granting of a fence over 6 feet in height at 9826 Cherry St., be rescheduled to February 21 for a 60 minute hearing to allow Mr. Clark additional time to testify, as he re- quested. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER JAECH, TO RESCHEDULE ITEM #8 TO FEBRUARY 21, 1989. MOTION CARRIED WITH COUNCILMEMBER DWYER OPPOSED. APPROVAL OF AMENDMENT TO MEBT PLAN --MEMBERSHIP STRUCTURE --IN ACCORDANCE WITH COUNCIL ACTION JANUARY 10, 1989 LITEM D ON THE CONSENT AGENDA Approval of this item was deferred to February 21, 1989 because the Notice of Amendment was not completed in time for the Council packet. ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH RESPECT TO APPEAL OF HEARING EXAMINER DECISION UPHOLDING APPEAL OF BYRON CLARK REGARDING ISSUANCE OF BUILDING PERMIT FOR FENCE AT 9826 CHERRY ST., AND STAFF INTERPRETATION OF EDM NDS COMMUNITY DEVELOPMENT CODE CHAPTER 17.30 FENCES AND HEDGES AP-28-88/AP-20-88/APPELLANTS: GRANFORS AND NEWLAND ITEM F ON �Lt THE CONSENT AGENDA COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO RECONSIDER THE COUNCIL'S DECISION AND DELIBERATE THE MATTER FURTHER ON FEBRUARY 21, 1989. Councilmember Kasper said because the issue was very confusing, he reviewed the record and discov- ered that a permit was issued to construct the fence and a conditional use permit was subsequent- ly issued and the fence was constructed higher than the 6 foot height limit. He said he was under the impression when the Council had discussed the issue that a building permit had never been issued. After reviewing the record, he felt the issuance of the conditional use Permit was not germane to the issue. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER KASPER, COUNCILMEMBER DWYER, COUN- CILMEMBER HALL, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER HERTRICH, COUNCILMEMBER JAECH, AND COUNCILMEMBER NOROQUIST OPPOSED. EDMONDS CITY COUNCIL MINUTES Page 2 FEBRUARY 7, 1989 AUDIENCE Mayor Naughten opened the audience portion of the meeting. No public input was offered. Mayor Naughten closed the audience portion of the meeting. SNOTRAN PRESENTATION ON TRANSIT FUTURE Council President Kasper introduced Bill McCully, Director of Transportation Planning for Communi- ty Transit. Mr. McCully played a video tape. It indicated that Everett Transit has provided bus service to 60,000 residents since 1971. Community Transit was established in 1986 and provides service to 275,000 residents. Everett Transit and Community Transit coordinate city, County, and commuter services in Snohomish County. Everett Transit's 36 busses move approximately 1.5 million commut- ers, shoppers, and students each year to local businesses and schools. The system also serves elderly and disabled residents that carry 35,000 annual passengers. On an annual basis, Communi- ty Transit carries approximately 4 million County passengers. The multifaceted network is running new and better services, thus reducing the amount of traffic congestion. However, demand is growing faster than services can meet. Snohomish County is one of the fastest growing areas in the country. Estimates predict a 36% population increase by the year 2,000. The County's Transportation Planning Agency --Everett Transit, Community Transit, and SnoTran--are faced with the issue of whether to continue service as it is presently designed or develop a transit system that really meets the growing needs of Snohomish County. The Agency has launched an integrated planning effort to design a County -wide transportation system to meet the demands through the year 2,000 called Transit Futures. A multi- tude of options have been discussed, but the question remains: What and how much? Public input is encouraged to help develop the future transportation system. Mr. McCully reiterated that a 36% population increase is expected in Snohomish County by the year 2,000. He said that translates to approximately a doubling of employment and population in south- west Snohomish County. Traffic will continue to slow as a result of congestion until it is esti- mated that the speed limit on I-5 southbound from Lynnwood to 175th Street will be 32 mph. Mr. McCully said tomorrow's system will undoubtedly be a hybrid system that will have a number of different alternatives which will include, but not be limited to, expanded commuter services, the establishment of transit centers throughout the County, development of a high -occupancy vehicle lane and possibly an exclusive bus -way system, more park n' ride lots, transit -oriented road improvements, improved services to the elderly and disabled, a rail system. Mr. McCully said the system will be shaped by a partnership of local government, the private sector, and public con- cern. Mr. McCully submitted an informational brochure to the Council and the audience. Councilmember Hertrich suggested that the bus barn for Edmonds School District, which is adjacent to Alderwood Mall, be considered as a possible location for a transit station if the District puts the parcel up for sale. Mr. McCully said he would gladly forward that suggestion to SnoTran and the North Extension Project. CENTENNIAL COMMITTEE UPDATE Barbara Kindness, Chamber of Commerce, reported that the Edmonds Centennial Committee has been meeting for over a year planning events and projects for the Washington Centennial in 1989 and Edmonds Centennial in 1990. The Committee has been coordinating events that will be sponsored by community clubs and organizations, in addition to planning its own events and lasting legacies for the community which require major fund-raising efforts. Donations from businesses, clubs, and individuals are being sought to help finance the projects and events. Ms. Kindness said a Waterfront Festival in May will be the first major Centennial event in 1989. A Kick -Off Party in August will be the start of celebrating the City's Centennial. The Committee requests additional start-up funding from the Hotel/Motel Tax Fund and the Council Contingency Fund. Ms. Kindness noted that it was the recommendation of Staff to approve the budget request for Centennial projects in the amount of $21,900 ($8,420 transferred from the Hotel/Motel Tax Fund and $13,480 from the Council Contingency Fund). Ms. Kindness said every person who contributes to the Centennial will receive a souvenir in memo- ry of the event. The gifts received, she said, will vary depending on the amount of the donation. EDMONDS CITY COUNCIL MINUTES Page 3 FEBRUARY 7, 1989 Councilmember Hertrich inquired if the fund-raising brochure and gifts would generate more than $10,000, which was the cost to purchase those items. Ms. Kindness speculated that the funding - raising event would generate up to $50,000. Councilmember Hertrich inquired if the presentation of gifts to donors was necessary. He noted that the money to purchase the gifts could be used for another project. Ms. Kindness said she thought the donors would appreciate some memorabilia of the Centennial. She likened the Centennial to the Olympics, noting that people donate for the Olympics not simply to possess a souvenir but because it is a nostalgic reminder of the event. Councilmember Wilson inquired if the $5,000 that the City donated for the pictorial history book was included in the 1989 budget. Ms. Kindness replied affirmatively. Councilmember Wilson in- quired about the disposition of monies that will be generated from the fund-raising projects which the City donates funds towards. Ms. Kindness said those funds may be used for musical events. Councilmember Wilson inquired who would administer the money. Ms. Kindness said that issue has not been discussed yet. Arts Coordinator Linda McCrystal said the Centennial Committee was organized to function only through the year 1990. She said it is the Council's prerogative whether or not to eliminate the Centennial Fund and return the funds to the General Fund. Coun- cilmember Wilson inquired if other musical events were planned in addition to the Sunday -in -the - Parks Band concerts, pop concerts, and light opera. Ms. McCrystal replied affirmatively. Councilmember Wilson said the Council has anticipated the Centennial celebration for some time. He thanked the Committee for their efforts. Councilmember Wilson felt the Committee should have sufficient funds to operate with. COUNCILMEM- BER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROPRIATE $35,000 FROM THE COUNCIL CONTIN- GENCY FUND TO THE CENTENNIAL COMMITTEE FOR THE YEAR 1989. Councilmember Hall asked for more clarity regarding the City's funding, noting that a step had been omitted. She said money will be gained from the history book and poster sales and those gains from 1989 should go towards 1990, and then they will be given more City funds. Councilmember Jaech wanted to see the total cost of the Staff time involved. She said some peo- ple may think that the City does not contribute towards events. She felt the costs shown did not include the City's participation, and with all the Staff time and other help she thought they would amount to $75,000 to $100,000. Councilmember Hertrich suggested: 1) that a periodic report of the disposition of the funds that were contributed by the City be submitted to the Council; 2) monies that are derived from City funds which generate additional funds be reimbursed to the Council Contingency Fund. He was opposed to appropriating more than the requested amount to the Centennial Fund and taking more than $13,480 from the Council Contingency Fund. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO TABLE THE ISSUE. He requested that the Committee meet with Staff and provide an accounting of expenditures. A ROLL CALL VOTE WAS TAKEN. MOTION FAILED WITH COUNCILMEMBER KASPER, COUNCILMEMBER HERTRICH, AND COUNCILMEMBER JAECH IN FAVOR; COUNCILMEMBER DWYER, COUNCILMEMBER HALL, COUNCILMEMBER NORDQUIST, AND COUNCILMEM- BER WILSON OPPOSED. A ROLL CALL VOTE WAS TAKEN ON THE MAIN MOTION. MOTION FAILED WITH COUNCILMEMBER DWYER, COUNCIL - MEMBER HALL, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER KASPER, COUNCILMEMBER HERTRICH, COUNCILMEMBER JAECH, AND COUNCILMEMBER NORDQUIST OPPOSED. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE BUDGET REQUEST FOR CENTENNIAL PROJECTS IN THE AMOUNT OF $21,900 ($8,420 TRANSFERRED FROM THE HOTEL/MOTEL TAX FUND AND $13,480 FROM THE COUNCIL CONTINGENCY FUND). COUNCILMEMBER KASPER MOVED TO AMEND THE MOTION TO DERIVE THE FUNDS FOR THE CENTENNIAL PROJECTS SOLELY FROM THE COUNCIL CONTINGENCY FUND. MOTION TO AMEND FAILED FOR LACK OF A SECOND. MAIN MOTION CARRIED WITH COUNCILMEMBER KASPER OPPOSED. Mayor Naughten thanked the Centennial Committee for their efforts. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HERTRICH, THAT A QUARTERLY ACCOUNTING OF STAFF TIME WHICH IS EXPENDED ON THE CENTENNIAL CELEBRATION BE PROVIDED TO THE COUNCIL. MOTION CARRIED. HEARING ON HEARING EXAMINER RECOMMENDATION TO AMEND OFFICIAL STREET MAP TO _DESIGNATE BECK LANE ONE-WAY (ST-4-88/CITY OF EDMONDS) Councilmember Hall clarified that the Hearing Examiner recommended that Beck Lane continue to be used as a two-way primary road access. She suggested that more attention be given to hearing titles. EDMONDS CITY COUNCIL MINUTES Page 4 FEBRUARY 7, 1989 Community Services Director Peter Hahn "reported thatI on December 1, 1988, a hearing was held before the Hearing Examiner to review a request by the City to amend the Official Street Map on Beck Lane, between 5th Ave. S. and 6th Ave. S.. Beck Lane is presently a 15 foot wide alley serving as primary access to several multi -family units. The request to make the alley one-way originated when plans were submitted to the City for several multi -family developments proposing that several alleys be used as primary access, including Beck Lane. During the review process, Mr. Hahn said Staff questioned how a 15 foot alley could be used for primary access when the development code requires a minimum of 22 feet for roads serving 10 lots or more. The issue was discussed at the October 11, 1988 Community Services Committee meeting, including the Staff's interpretation of the Code as it applies to alleys. Mr. Hahn said the Staff's interpretation is that an alley must be widened to meet the street standards or made one-way if it is to be used as primary access. Mr. Hahn said since Beck Lane cannot be widened and the Staff's interpretation of the City Code is a deviation from past approvals, Staff agreed to make the request for a one-way designation instead of the developer making the request. He said Staff does not believe additional two-way traffic should be added to any alley regardless of past approvals unless there are very specific circumstances warranting no change. Mr. Hahn said the Hearing Examiner recommended denial of Staff's request to amend the Official Street Map to make Beck Lane one-way. Therefore, any multi -family development that is proposed adjacent to Beck Lane must use the abutting street as primary access. The alley will continue to be -used as a two-way primary road access for the existing units. Mr. Hahn said according to the Hearing Examiner's Findings and summary, the existing residents would be negatively impacted by changing Beck Lane to one-way. Because there is no history indi- cating that the alley has a traffic problem, Staff would not oppose the Hearing Examiner's Find- ings and recommends that the Council concur with the Hearing Examiner's Findings. Councilmember Kasper inquired what the minimum width of a one-way road is. Mr. Hahn said al- though the Code does not specify the minimum width, the road in question would fall within the 22 foot standard because residents of 30 units use the alley. He noted that the width of a one-way road was irrelevant to the issue before the Council. Mayor Naughten opened the public portion of the hearing. Robert Young, 1110 North 175th, architect for the proposed development on Walnut Street, said he disagreed with the City Engineer's interpretation that alleys should meet street standards be- cause he said an alley is not a street. He said it would seem that it is the City's obligation to provide relief to the property owner by creating either a one-way alley or some other provi- sion. Carol Hardan, 826 Maple, noted that two of the units of the proposed development will access from Walnut Street and the other two will access from the alley. Ms. Hardan said if the alley remains a two-way road, the proposed development cannot be constructed. H.W. Shaw, 515 Walnut, occupant of the home on the subject property, said he has lived on that property for 40 years and has never experienced access problems. Stephen Beck, Jr., 520 Alder, was in favor of maintaining the alley as two-way access. He said a one-way alley would create traffic congestion. Councilmember Hertrich inquired about the width of the alley. Mr. Beck said it is 15 feet in some areas but the majority of the alley is 10 to 12 feet wide. Councilmember Hertrich inquired if the alley was congested with traffic at the present time. Mr. Beck replied negatively. He said, however, traffic congestion would occur if the alley was designated one-way going westbound. Peter Beck, 718 Spruce, said there is no consistent policy with respect to alley designations throughout the City. He said he would like a comprehensive plan for alley designations to be drafted before the Council rendered a decision in the matter before them. Doug Herman, 420 - 5th Ave. S., said he is currently designing a project on 233 - 3rd Ave. S. which is adjacent to a dead-end alley. He said he would like to design the access off of the alley but is unsure where that designation may be placed at the present time. Mr. Herman requested the Council to place the issue of alley designations on the agenda for a public hearing in the near future so the issue can be responded to by the public.' Bert Stole, 8704 - 182nd Pl. S.W., said alleys are used primarily for parking and not for access, noting that they work very well. Mayor Naughten pointed out that the issue before the Council was access to Beck Lane and not alleys in general. EDMONDS CITY COUNCIL MINUTES Page 5 FEBRUARY 7, 1989 Mayor Naughten closed the public portion of the hearing. Councilmember Nordquist inquired why Staff first recommended a one-way designation and then later concurred with the Hearing Examiner to maintain Beck Lane as a two-way road access. Mr. Hahn speculated, on behalf of the Engineering Department, that the Engineering Department had initial- ly polled the residents of Beck Lane and ascertained that they desired a one-way alley designa- tion but later reversed their recommendation because of opposition at a public hearing. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, TO MAINTAIN BECK LANE AS A TWO-WAY ACCESS FROM 5TH AVENUE TO 6TH AVENUE SOUTH, AS STATED IN ST-4-88, UPHOLDING THE HEARING EXAMIN- ER'S RECOMMENDATION. Councilmember Kasper felt that developers will be faced with access problems in the future be- cause a policy for alley designations is not in existence and designations are inconsistent at the present time. COUNCILMEMBER KASPER MOVED TO TABLE THE ISSUE UNTIL A POLICY IS SET FORTH. MOTION FAILED FOR LACK OF A SECOND. MAIN MOTION CARRIED. Councilmember Hertrich highly recommended that the developer of the subject proposal pursue a variance for access from the alley. HEARING TO RECEIVE COMMENTS FROM EDMONDS CITIZENS REGARDING ESPERANCE ANNEXATION Councilmember Hertrich pointed out that many of the citizens were probably under the impression that audience participation was not allowed at the Council meeting due to the incorrect publica- tion in the newspaper. He felt that the public, therefore, had not been properly notified. COUNCILMEMBER HERTRICH MOVED TO RESCHEDULE THE HEARING TO A LATER DATE IN ORDER TO PROPERLY ADVER- TISE THE HEARING. MOTION FAILED FOR LACK OF A SECOND. City Clerk Jackie Parrett noted that an advertisement was placed in the legal section of the newspaper (although not required to be) in addition to the regular publication, and she said she also sent notices to the people of interest for whom she had addresses. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER HALL, TO CONDUCT THE HEARING AS SCHEDULED BUT SCHEDULE A SECOND HEARING ON FEBRUARY 21, 1989 TO INSURE THAT THE PUBLIC HAS AN OPPORTUNITY TO SPEAK. MOTION CARRIED. Tom Snyder, Director of the Postal Service, 8204 - 182nd Pl. S.W., said various incidences of near -misses of mail delivery trucks and vandalism of mail boxes occur in the Esperance area. He spoke in support of annexation of Esperance because he felt police response to occurrences in that area would be quicker if the area were annexed. Finis Tupper, 711 Daley St., felt the City has not properly informed its citizens of the effects of annexation. He requested that information be disseminated to the public before the second hearing takes place. Mr. Tupper inquired about the number of employees that will be hired to provide services to Esperance if annexation occurs and how the ratio of employees to the population will compare to the present ratio. Community Services Director Peter Hahn said 41 employees will be hired as a result of annexation. Mr. Tupper pointed out that only 41 employees will be hired to service an additional 13,000 compared to the present Staff of 182 to a population of 28,000. He inquired if the same level of service can be provided as presently exists with a reduced ratio of Staff to population. Jeff Palmer, 17510 - 76th Ave. W., encouraged further dissemination of information to both Edmonds residents and Esperance residents. He suggested that the information be included in the water bill and appear on the public access station of Chambers Cable. Mayor Naughten noted that an informational brochure will be available for the community as soon as it is printed. EDMONDS CITY COUNCIL MINUTES Page 6 FEBRUARY 7, 1989 HEARING ON HEARING EXAMINER RECOMMENDATION ON APPEAL OF THE OLYMPIC VIEW WATER AND SEWER DISTRICT REGARDING THE ISSUANCE OF A DETERMINATION OF NONSIGNIFICANCE ON THE ADOPTION OF A RESOLUTION TO INITIATE THE ANNEXATION OF THE UNINCORPORATED AREA LYING SOUTH OF THE CORPORATE LIMITS OF EDM NDS, AND D PTI N F REVISED RES LUTI N 2 TO INITIATE SAID ANNEXATION P-32- a- 88 PPELL NT: OLYMPIC VIEW WATER AND SEWER DISTRICT Planning Division Manager Mary Lou Block reported that on August 16, 1988, the Council passed Resolution 678 calling for an election on the annexation of the territory south of Edmonds. The resolution required an Environmental Assessment under the State Environmental Policy Act (SEPA). Ms. Block said the Staff's environmental review resulted in the issuance of a Determination of Nonsignificance. The Determination was appealed by the Olympic View Water and Sewer District (District) to the Hearing Examiner, whose recommendation to the City Council was to uphold the Staff determination. Ms. Block said the City Attorney's office has recommended adoption of a revised Resolution of Intent. She noted that.a revised resolution to initiate annexation proceedings was included in the Council packets and reflects the Staff's environmental determination, the appeal, the Hearing Examiner's recommendation and Council action. It also sets forth in greater detail the dates and actions leading to a November 1989 ballot on annexation. Ms. Block said it was the recommendation of Staff to uphold the Hearing Examiner's recommendation on the environmental action and adopt the revised resolution to commence annexation proceedings. Ms. Block reviewed excerpts of the Hearing Examiner's report as follows: Conclusion r3, "The issues of appeal as raised by the District are not environmental impacts and are directly ad- dressed in RCW Chapter 35.13(A); Recommendation, "In summary, the issues raised by the District involve the provision of public services. Public services were an item that had to be addressed in the environmental checklist (15B). However, the provision of public services, including water service, the retention of employees and other issues raised by the District, are not environmen- tal in nature but are mandated by the provisions of RCW Chapter 35.13(A) and, in particular, the cited sections as set forth in this decision". Mayor Naughten recognized the following. people in the audience: Commissioner of Fire District I Carol Mackey; Commissioner of Olympic View Water District Pat Meeker and Jeff Nelson; and Woodway Mayor JoAnne Brown. Allen Hendricks, 402 - 5th Ave. S., representing the District and the Town of Woodway, stated that the issues that have been raised by the two entities are not environmental issues but are issues that relate to the impact on public service. Mr. Hendricks pointed out that Item 15 of the environmental checklist referred to proposed measures to reduce or control direct impacts on public services. He said those issues have not been addressed yet. Mr. Hendricks inquired if the City intended to leave the District as a separate entity. He noted that Woodway is within the service area of the District and has no contractual relationship with the District for water service; the people of Woodway are customers of the District. He in- quired, also, how the assets would be transferred if the District did not continue to operate. Mayor Naughten said that issue would not be known until a.review of the assets was conducted. He said if annexation does occur, the City will assume the District in its entirety. Mr. Hendricks argued that there must be affirmative action on the part of the City to assume the District, which has not yet taken place. Mr. Hendricks inquired if Woodway would be forced to set up its own utility or if it would become customers of Edmonds if annexation were successful. Councilmember Kasper inquired.if Woodway was part of the District. Mr. Hendricks replied affirmatively. Mayor Naughten inquired if Mr. Hendricks' questions with respect to Woodway could be addressed by Staff that evening. Community Services Director Peter Hahn said he did not think it would be appropriate to address those questions because they were not germane to the SEPA appeal. Mayor Naughten opened the public portion of the hearing. JoAnne Brown, Mayor of Woodway, 23621 - 110th Pl. W., Woodway, said she would like to know what plans the City intended for the Town of Woodway if annexation were successful. Mayor Naughten said Staff would clarify that issue by letter tomorrow. Councilmember Kasper inquired if the town only contracted with the District for water and not sewer services. Mayor Brown replied affirmatively. Councilmember Kasper inquired if Woodway was formally part of the District and not under contract. Mayor Brown replied affirmatively. EDMONDS CITY COUNCIL MINUTES Page 7 FEBRUARY 7, 1989 Mr. Hahn said the issue was not whether the questions that were raised are valid but whether they are part of the environmental assessment. In response to Items 15 (A) and (B) of the environmen- tal checklist, Mr. Hahn said the proposed annexation will not increase population or the number of properties and that the people and properties within the subject County area will be provided services by Edmonds at approximately the same service level provided within its present incorpo- rated boundaries. He said the City intends to provide the necessary resources to serve the unincorporated County area proposed for annexation at approximately the same service level that now exists within its corporate City limits. Mr. Hahn said the only impact that will occur will be an institutional impact, which entailed how the services would be arranged and who they would be provided through. He noted that that process is clearly governed by RCW. In response to a request by Councilmember Hertrich, City Attorney Scott Snyder explained that RCW Chapter 13.35(A) generally governs what rights and obligations cities have when annexing all or a portion of a water district. He said cities have rights to determine whether or not to assume all or a portionable percentage of a water district and its assets. He pointed out that the statute was enacted and in place prior to the adoption of SEPA and he could find no indication of any statutory intent to subordinate those rights to the SEPA obligation. Mr. Snyder noted that the City was in a negotiating position with the District and not a quasi-judicial one. He added that SEPA is not intended to deal with every remote or speculative consequence that can arise out of an action, such as annexation. Mr. Hahn said the service levels were analyzed in great detail. He said the 41 new positions apply only to the General Fund. He noted that every employee of the District will be retained and so the level of service that is currently provided will continue to be provided. He pointed out that several positions in the City do not have to be increased simply because of an increase in population, i.e., the Mayor, Police and Fire Chiefs, Community Services Director, City Engi- neer. Councilmember Hertrich requested Mr. Snyder's opinion of the purpose of the SEPA process because he believed the questions that were raised by the District were relevant to the environmental impact of the Esperance area as a result of annexation. Mr. Snyder said he was only trying to outline what he believed to be the City's basic legal obligation under SEPA. He said he thought it was incorrect to say that because the District has an individual customer relationship with Woodway that a contractual relationship does not exist. Mr. Snyder said SEPA was amended in 1984 to severely restrict socioeconomic impacts of environmen- tal actions in an attempt to emphasize the.environmental aspect. Mr. Snyder said it was his opinion that the issues that were raised by the District were defec- tive in two ways: 1) most of the problems that were raised related more to what would happen after annexation occurred. He noted that the City's statutory prerogative under Chapter 13.35(A) was not limited by SEPA; and 2) the impacts that were discussed are socioeconomic impacts and not environmental impacts. Mr. Hendricks differed with Mr. Snyder's opinion. He felt the issues raised by the District should be addressed before the City exercised its legal prerogative. Mr. Hendricks inquired if the information contained in the brochure regarding the effects of annexation was available to the public and, in particular, to the District. Mayor Naughten said he believed so. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO RELEASE THE INFORMATION THAT WAS REQUESTED TO THE INTERESTED PARTIES AND CONTINUE THE HEARING ON THE APPEAL OF THE HEARING EXAMINER'S DECISION TO FEBRUARY 21, 1989. Mr. Snyder pointed out that the issue could not be placed on the November ballot if the matter was delayed because of time constraints of the Boundary Review Board and County Council. Councilmember Jaech inquired if, under Item 15(A) of the SEPA checklist, the phrase, "would the project result in an increased need for public services..." referred to an increase in the City of Edmonds or in the Esperance area. Mr. Snyder said the City has indicated that it anticipates delivering the same level of service as is currently being provided. COUNCILMEMBER JAECH WITHDREW THE MOTION. THE SECONDER AGREED. EDMONDS CITY COUNCIL MINUTES Page 8 FEBRUARY 7, 1989 COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER KASPER, TO UPHOLD THE HEARING EXAMINER'S RECOMMENDATION ON THE ENVIRONMENTAL ACTION REGARDING ISSUANCE OF A DETERMINATION OF NONSIGNIFICANCE ON THE ADOPTION OF A RESOLUTION TO INITIATE THE ANNEXATION OF THE UNINCORPORATED AREA LYING SOUTH OF THE CORPORATE LIMITS OF EDMONDS, AND ADOPTION OF REVISED RESOLUTION 682 REAF- FIRMING AND REENACTING RESOLUTION 678. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO ELIMINATE THE SECOND HALF OF THE MOTION BECAUSE HE SAID TWO SEPARATE MOTIONS SHOULD BE MADE AND VOTED UPON. Councilmember Wilson agreed to the revision. MOTION CARRIED WITH COUNCILMEMBER HERTRICH OPPOSED. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO ADOPT REVISED RESOLUTION 682 REAF- FIRMING RESOLUTION 678. A ROLL CALL VOTE WAS TAKEN. MOTION FAILED WITH COUNCILMEMBER KASPER, COUNCILMEMBER HALL, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, COUNCILMEMBER JAECH, AND COUNCILMEMBER NORDQUIST OPPOSED. Mayor Naughten pointed out that the annexation issue could not be placed on the November ballot if the resolution was not adopted. Councilmember Dwyer said he would amend his vote to affirma- tive in order to place the annexation issue on the November ballot. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO RECONSIDER THE MOTION. MOTION CARRIED WITH COUNCILMEMBER JAECH AND COUNCILMEMBER HERTRICH OPPOSED. THE MAIN MOTION CARRIED WITH COUNCILMEMBER KASPER, COUNCILMEMBER DWYER, COUNCILMEMBER HALL, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER HERTRICH, COU_NCILMEMBER JAECH, AND COUNCILMEMBER NORDQUIST OPPOSED. Councilmember Jaech felt very strongly that the information that was requested should be made available this week. REQUEST FOR ADDITIONAL APPROPRIATIONS FOR BOYS/GIRLS CLUB ($1,000) On December 20, 1988, the City awarded a contract to Won General Construction to remodel the Boys/Girls Club. The project is funded through HUD and the total budget was needed in awarding the contract. During the demolition phase of the project, a portion of the ceiling and a wall were different than anticipated and require additional work at a cost of $1,000. The options are to delete $1,000 of cabinetwork or increase the budget. Since no additional HUD monies are avail- able, any budget increase would have to come from the City. Staff recommends increasing the budget and appropriating $1,000 from the Building Maintenance Fund 116 ending cash balance. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE THE REQUEST OF $1,000 FOR RENOVATIONS. Councilmember Kasper did not think the monies should be derived from Fund 116 because the request was for remodeling and not maintenance. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROPRIATE THE FUNDS FROM THE COUNCIL CONTINGENCY FUND. Councilmember Jaech said she would incorporate that into her motion. MOTION CARRIED. Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCIL - MEMBER DWYER, TO EXTEND THE MEETING FOR 15 MINUTES. MOTION CARRIED. MAYOR Mayor Naughten noted that an additional $1,000 was requested of the City to complete the Highway 99 Task Force Vision Report. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROPRIATE $1,000 FROM THE COUNCIL CONTINGENCY FUND FOR THE REPORT. MOTION CARRIED. Mayor Naughten reminded the Council of the meeting with the Department of Transportation regard- ing an alternate ferry dock on February 9 from 7 to 9 p.m. Mayor Naughten noted that the County Council reaffirmed the 1978 role of Paine Field for general aviation use. EDMONDS CITY COUNCIL MINUTES Page 9 FEBRUARY 7, 1989 COUNCIL Council President Kasper said the City received a complaint from Mrs. Rice that sufficient park- ing has not been provided for a project on 5th and Main. Mayor Naughten said he informed Mrs. Rice that the project will be required to provide parking in accordance with the Code. Planning Manager Mary Lou Block noted that the property has been grandfathered and one parking space may have to be purchased. gGE 'f� Councilmember Kasper said six people have volunteered to serve on the Cable T.V..Franchise Commit- tee. Councilmember Hertrich said he was disturbed that the newspaper contends that the City and Plan- ning Board are at odds with each other regarding service club signs. He said the Council was in concurrence with the Planning Board to allow off -premise signs for service clubs, but the Plan- ning Board did not feel it was appropriate to erect those signs at the entrances to the City. He suggested that the Council discuss the issue and decide where the signs should be located. Mayor Naughten said a memorandum was included in the Council packets which stated that the City has decided to draft a code amendment. Councilmember Hall inquired about the status of a Council Resource Assistant. Council President Kasper said that issue will be resolved within a week. Councilmember Wilson said he was deeply disturbed because two pieces of correspondence were not disseminated to the Council immediately upon receipt by the City. Mayor Naughten said he was not sure why that happened. Councilmember Wilson said if the person who opens the Council's mail does not forward it to the Council within an appropriate amount of time, then that person should leave the mail alone. Councilmember Nordquist said he was disturbed when he reviewed the 20/20 Committee's report be- cause the issue of parking in the downtown area was dismissed. He pointed out that future con- struction will create a need for additional parking. He requested that parking in the downtown area be considered in the near future. There was no further business to come before the Council and the meeting adjourned at 10:25 p.m. t THESE MINUTES ARE SUBJECT TO FEBRUARY 21, 1989 APPROVAL. f _r JACQUELINE G. PARRETT, City Clerk LARRY S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 10 FEBRUARY 7, 1989 L AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. FEBRUARY 7, 1989 FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF JANUARY 24, 1989 (C) ACCEPTANCE OF QUIT CLAIM DEED FROM SHIRLEY HENDE, CHARLES WELLS, AND RIA WELLS FOR RIGHT -AWAY -ADJACENT TO 15901 70TH AVE. W. (D) APPROVAL OF AMENDMENT TO MEBT PLAN --MEMBERSHIP STRUCTURE, IN ACCORDANCE WITH COUNCIL ACTION JANUARY 10, 1989 (E) PROPOSED ORDINANCE 2702 RELATING TO THE REGULATION OF THE SALE OF TOBACCO PRODUCTS (F) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH RESPECT TO APPEAL OF HEARING EXAMINER DECISION UPHOLDING APPEAL OF BYRON CLARK REGARDING ISSUANCE OF BUILDING PERMIT FOR FENCE AT 9826 CHERRY ST., AND STAFF INTERPRETATION OF EDMONDS COMMUNITY DEVELOPMENT CODE CHAPTER 17.30 (FENCES AND HEDGES) (AP-28-88/AP-20-88/APPELLANTS: GRANFORS AND NEWLAND) (G) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH RESPECT TO APPEAL OF ADB DECISION REGARDING LANDSCAPING AT 2201 HIGHWAY 99 (AP-31-88/APPELLANT: WEN-KAI LEE) (H) AUTHORIZATION TO PROCEED WITH DESIGN OF SHELL CREEK/HINDLEY CREEK IMPROVEMENTS v (I) FINAL ACCEPTANCE OF WORK BY BRADSHAW GENERAL CONTRACTORS ON FIRE STATION ACCESSORY BUILDING, AND SET 30-DAY RETAINAGE PERIOD (J) AUTHORIZATION FOR MAYOR TO EXECUTE AGREEMENT WITH MOUNTLAKE TERRACE FOR LAKE BALLINGER MONITORING AND REHABILITATION ($44,000) (K) AKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM MARGARET R. BLY ($40) (L) AUTHORIZATION TO PURCHASE 94 DOZEN SOFTBALLS FOR ATHLETIC PROGRAM FROM BOB SWILLING DISTRICT 10 AMATEUR SOFTBALL ASSN. ($3,166.62) (M) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT FOR PUBLIC HEALTH SERVICE 2. AUDIENCE 3. SNOTRAN PRESENTATION ON TRANSIT FUTURE 4. CENTENNIAL COMMITTEE UPDATE 5. HEARING ON HEARING EXAMINER RECOMMENDATION TO AMEND OFFICIAL STREET MAP TO DESIGNATE BECK LANE AS ONE-WAY (ST-4-88/CITY OF EDMONDS 6. HEARING TO RECEIVE COMMENTS FROM EDMONDS CITIZENS REGARDING ESPERANCE ANNEXATION 7. HEARING ON HEARING EXAMINER RECOMMENDATION ON APPEAL OF THE OLYMPIC VIEW WATER AND SEWER DISTRICT REGARDING THE ISSUANCE OF A DETERMINA- TION OF NONSIGNIFICANCE ON THE ADOPTION OF A RESOLUTION TO INITIATE THE ANNEXATION OF THE UNINCORPORATED AREA LYING SOUTH OF THE CORPORATE LIMITS OF EDMONDS, AND ADOPTION OF REVISED RESOLUTION 682 TO INITIATE SAID ANNEXATION (AP-32-88/APPELLANT: OLYMPIC VIEW WATER AND SEWER DISTRICT) 8. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING GRANTING OF A FENCE OVER 6' IN HEIGHT AT 9826 CHERRY ST. (APPELLANT: BYRON CLARK) (CU-57-88/AP-26-88) 9. REQUEST FOR ADDITIONAL APPROPRIATIONS FOR BOYS/GIRLS CLUB ($1,000) 10.' MAYOR 11. COUNCIL (15 MINUTES) (15 MINUTES) (30 MINUTES) (20 MINUTES) (30 MINUTES) (30 MINUTES) ( 5 MINUTERS) THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE