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19780207 City Council Minutes1'; 0 January 31, 1978 - continued reviewed by sections, and that the Staff could prepare the matrix for each particular issue. It was agreed that the 200 series of the plan, the environment section, would be a good place to start. MOTION:: COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN CLEMENT, THAT A STUDY OF SECTION 203, SOILS AND TOPOG- GRAPHY, OF THE COMPREHENSIVE POLICY PLAN BE PLACED ON THE FEBRUARY 28, 1978 AGENDA. MOTION CARRIED. DISCUSSION ON QUESTION OF FORMING COUNCIL COMMITTEES Councilman Herb suggested it might be beneficial to have Council committees to study and report on specific agenda items. Discussion revealed that most of the other Council members did not see a need for standing committees, and Mayor Harrison pointed out that the Council is too small a body for com- mittees. It was noted that from time to time committees are formed when there is a need, but it was not felt standing committees should be formed. ALTERNATIVES FOR EDMONDS 201 FACILITY PLAN (SEWAGE TREATMENT) Public Works Director Leif Larson commented that the Clean Water Act of the United States required that secondary treatment would be required for plants emptying into such places as Puget Sound and that second- r ary treatment should have been implemented by July 1, 1978. Guidelines had not been forthcoming from the Environmental Protection Agency fast enough, and there also had been a question of service areas. It was finally decided that Edmonds should plan for the area presently served by the Edmonds treatment Plant. Allen deSteiguer of Reid, Middleton, & Associates gave a presentation outlining the various alternatives. He said there was not much difference in the three processes environmentally, except for the third process which makes a noise in producing oxygen, and because of the proximity to residences across from the plant there would be a significant environmental impact. With the proper enclosure, however, he said the noise could be mitigated, and their intention was to enclose whichever process • was selected. Mountlake Terrace, Ronald Sewer District,, and Olympic View Water District had recom- mended either— Alternative B=3D (upgrading the existing plant to secondary treatment by construc- tion of an oxygen -activated sludge process), Alternative B-6A (construction of a new ABF secondary plant at a new site), or B-6B (construction of a new oxygen -activated sludge secondary plant at a new site. Mr. Larson reported that Alternative B-3D would be the most cost effective based on Environmental Protection Agency guidelines, while Alternative B-6B appeared to present the lowest customer rate increase. These were based on 90% cost participation by federal and state agencies. Mayor Harrison stated that he was in favor of moving the entire operation to a new site at Pine St. because he felt the existing site is a very critical location in relation to the ultimate development of the City. He said at some point that site will be out of place and the sooner the plant is moved the better off the City will be. Councilman Gould noted that it may be better to leave it where it already has been accepted. Councilwoman Allen said she saw no point in doubling the size of the plant at its present location. Mayor Harrison added that it is a very offensive situation and his recommendation was no .further expansion of the existing plant even if it meant no secondary treatment. He said further analysis may be necessary, including further figure analysis. Councilman Gould suggested a delay in submission be requested, without penalties. He said he would like to know (1) What possible penalties would be incurred ifa plan were not passed by the current appropriate date and (2) Would it be possible to get a formal approval to delay. He said that even if a plan is approved it seems there would still be a way to change the plan because of finding a more cost effective plan. He said a public hearing also should be held to see where the citizens want their treatment plant. Mr. Larson suggested presenting both Alternatives B-3D and B-6B, with the aspect that the preferable one is the relocation. Councilman Gould said we would not like to see a preference indicated because at this point he could not MOTION: say he preferred a new location. X'MOTION WAS MADE BY COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN CARNS, THAT THE CONSULTANTS BE INSTRUCTED TO PREPARE A PLAN WHICH INCLUDES ALTERNATIVES"B-3D AND B-6B, with no preference indicated. MOTION CARRIED. There was no further business to come before the Council, and the meeting was adjourned at 11:00 p.m. IRENE VARNEY MORAN, ity Clerk HARVE H. HARRISON, Mayor February 7, 1978 The regular meeting of the Edmonds City Council was called to order at 7:40 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT STAFF PRESENT Harve Harrison, Mayor Charles Dibble, M.A.A. Mike Herb Leif Larson, Public Works Director Phil Clement John LaTourelle, Community Development Director Katherine Allen Noelle Charleson, Assistant City Planner John Nordquist Irene Varney Moran, City Clerk Ray Gould, Lila Crosby, Finance Director Tom Carns Jack Cooper, Fire Chief Larry Naughten John Wallace, City Attorney Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk 0 February 7, 1978 - continued CONSENT AGENDA MOTION: Items (D), (E), (I), and (M) were removed from the Consent Agenda. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The balance of the Consent Agenda contained the following: (A) Roll call. (B) Approval of Minutes of January 31, 1978. (C) Adoption of Ordinance 1973, Revision of Septic Tank Code. (F). Passage of Resolution of Intention 251 and setting date for Sewer LID, 3rd Ave. S. from Pine to Elm St. (G) Authorization for Mayor to sign agreement with Snohomish Health District for 1978 contribution. (H) Setting date of February 21, 1978 for hearing of preliminary plat approval of "North Star." (File P-2-78) (J) Setting date of February 2.1, 1978 for hearing of Consideration of Exceeding Zoning Restrictions on Five Corners Water Tank Project. (L) Authorization to issue Street Use Permit for Bradbury's.T.V. PROPOSED ORDINANCE AMENDING ORDINANCES 1885, 1938, 1962, AND 1966, AUTHORIZING CERTAIN TRANSFERS AND APPROPRIATIONS [Item (D) on Consent Agenda] PROPOSED RESOLUTION AUTHORIZING AN INTERFUND LOAN FROM GENERAL TO STREET [Item (E) on Consent Agenda] • Councilman Gould asked that these two items be removed'from the Consent Agenda, asking what the items were. that caused the shifts in the expenditures. Public Works Director Leif Larson explained that, after preparation of the 1978 Budget, the equipment rental rates were increased,. resulting in additional expenditures in the Street Department. Also, the Budget had been prepared on the basis of 21% employee benefits, which had.been raised to 26%, increasing the costs for LID 203. Some of the labor costs for the Laurel' Way LID had been carried over into 1978, and funds had both come in and were paid out for that MOTION: -project in 1978. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN CARNS, TO APPROVE ITEMS (D) AND (E) ON THE CONSENT AGENDA, ADOPTING ORDINANCE 1974 AND RESOLUTION 391, RESPECTIVELY. MOTION CARRIED. REVIEW OF HARVEY'S TAVERN CABARET DANCE LICENSE - 60-DAY TRIAL PERIOD EXPIRES FEBRUARY 19, 1978 [Item (I) on Consent Agenda] Councilman Nordquist asked that this item be removed from the Consent Agenda. He said there was no problem with i,t, but he wished to abstain from voting on the item because his wife is employed by the CPA firm serving this tavern and is the accountant handling this particular account. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILWOMAN ALLEN, TO APPROVE ITEM (I) ON THE CONSENT AGENDA. MOTION MOTION: CARRIED, WITH COUNCILMAN NORDQUIST ABSTAINING. J 0OT I ON : OTION 1 CITY ABSORPTION OF COST FOR VACATION OF RIGHT-OF-WAY ON 80TH AVE. W. [Item (K) on Consent Agenda] Councilman Clement asked that this item be removed from the Consent Agenda. He said it seemed strange to him that the City would vacate this property to the property owners and because they said they did not want it if they had to pay the $25 fee for registration that the City would go ahead and give the property to them and also pay for the registration. He asked if the City was really that anxious to give away that property. Councilman Gould said he, also, was concerned with this. Mr. Larson explained that two of.the property owners concerned were willing to pay the fee, but one said he did not want the property back and would not pay the fee. Mr. Larson said the costs would remain the same to the City whether this item were approved or not. After some discussion, Mr. Larson said he did not think it was worth expending more effort on this, considering the small costs involved. COUNCILMAN CARNS THEN MOVED, SECONDED BY COUNCILMAN HERB, TO APPROVE ITEM (K) ON THE CONSENT.AGENDA. A ROLL CALL VOTE WAS TAKEN, WITH COUNCIL MEMBERS.CARNS, HERB, ALLEN, AND NAUGHTEN VOTING YES, AND COUNCIL MEMBERS CLEMENT, GOULD, AND NORDQUIST VOTING NO. MOTION CARRIED. PROPOSED ORDINANCE AMENDING ORDINANCE 1964 (1978 BUDGET) TO AUTHORIZE AN INCREASE IN APPROPRIATIONS AND EXPENDITURES OF THE GENERAL FUND 001 (Item (M) on the Consent Aqendal Councilman Carns asked that this item be removed from the Consent Agenda. He inquired when the Fire . Chief's vehicle would be purchased, and he was advised it would be done after passage of this ordinance. COUNCILMAN CARNS THEN MOVED, SECONDED BY COUNCILMAN NAUGHTEN, TO APPROVE ITEM (M) ON THE CONSENT AGENDA, ADOPTING ORDINANCE 1975. MOTION CARRIED. COUNCIL Councilman Carns requested that Items 11 and 12 on this evening's agenda be heard together as one item,... Councilman Gould said he had received a number of telephone calls from people who would like to give testimony when the Council hears a reconsideration of Seaview Pines #2, and he asked that such public input be permitted. Councilman Gould said he had also received a call from John McGibbon, Chairman of the Planning Commission, who had noted that the Council will be discussing one section of the Policy Plan on February 28. Mr. McGibbon had requested that two members of the Planning Commission be permitted to give input at that meeting (a work meeting) so as to provide the Council with the Planning Commission's thinking on the long-range planning for the City. Councilman Gould felt this was a good idea and, therefore, COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT TWO MEMBERS OF THE PLANNING COMMISSION BE PERMITTED TO TAKE PART IN THE FEBRUARY 28 DISCUSSION OF THE POLICY PLAN. MOTION CARRIED. 1.82 February 7, 1978 - continued Councilman Nordquist advised he had received a call from Dr. Hyatt of the Snohomish County Health District and she had not yet been notified of the other representative from the City in addition to Councilman Nordquist. He requested that Dr. Hyatt's office be notified that Councilwoman Allen is the other representative. MAYOR Mayor Harrison reported on the Medic 1 Task Force. He said the South County Advanced Life Support Task Force had prepared a resolution stating the intent to enter into an interlocal agreement for the provision of an advanced life support program for South Snohomish County, but the resolution contained some debatable material about the recommended budget of.the program, organization struc- ture, and revenue sources. Therefore, the Mountlake Terrace Council had voted it down, pending further information, and Lynnwood and Fire District 1 had taken no action. Mayor Harrison felt it would be in order for .the Edmonds Council to pass a motion supporting the establishment of an inter - local agreement in principle. He said the Task Force could then, at their next meeting on February 22, discuss what an interlocal agreement should contain. He said there is presently a trial advertisement going out to a number of cities, seeking applications for certified paramedics to go on an,eligibility list. If sufficient response is received they will then concentrate on soliciting contributions to the program and hire an eight -man crew, perhaps as soon as this summer. He said they already had been approached by eight to ten certified paramedics who were interested in joining the program, and it was felt that by hiring certified paramedics the expensive training program could be avoided and the operation could get under way much sooner. He asked the Council to support the establishment of an interlocal agreement, which would be establishing the program in principle. He said each jurisdiction will be asking their Council for $100 "seed" money to fund the program on an'i►iterim basis for stationery, advertising, etc. At Councilman Carns' request, Fire Chief Cooper read.the advertisement which had been placed seeking sertified paramedics. Council- man Carns stated he was totally in favor of a paramedic program._ COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NORDQUIST, THAT THE CITY COUNCIL GO ON REOCRD AS SUPPORTING THE BASIS IDEA OF A PARA_ • MEDIC PROGRAM IN SOUTH SNOHOMISH COUNTY AND LOOK TOWARDS THE DAY AN INTERLOCAL AGREEMENT WILL BE SIGNED BY ALL JURISDICTIONS. MOTION CARRIED. COUNCILWOMAN ALLEN THEN MOVED, SECONDED BY COUNCILMAN GOULD, THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT A RESOLUTION TRANSFERRING $100 FROM THE CONTINGENCY FUND TO THE GENERAL FUND TO HELP FUND THE PARAMEDIC PROGRAM ON AN INTERIM BASIS. MOTION CARRIED. HEARING WITH LIBERTY CABLE TV RE FRANCHISE AGREEMENT Councilman Carns had requested this hearing and he cited the Council minutes of February 24, 1976 in which Ted Lovett, Libert CATV local manager, stated that their agreement provided that they would service all homes in Edmonds by June- 30, 1976. He also cited the CATV Renewal Permit which stated if the service was not provided by that date Liberty CATV could request an extension if the failure to complete was the result of any public utility company's failing to authorize use of its poles by Liberty CATV. Councilman Carns said the work had never been completed, as witnessed by the many complaints he had received from citizens who had tried to get cable service, and to his knowledge Liberty CATV had never asked the Council for an extension. He said he felt this hearing should establish why they had not complied with their agreement and why they had not asked for an extension if they could not comply, and also how widespread the problem really is. Ted'.Lovett responded that when he appeared before the Council on February 24, 1976 he was trying to make clear to the Council that they were proceeding with the underground construction in the City to the best of their ability and had purchased all the equipment necessary for the underground construction. He said that he had not formally requested an extension but he had been in contact with various.Ci.ty of- ficials and members of the Council during the past 22 years to state they were still in litigation with PUD over the use of the PUD poles. He said they did receive a new interim agreement from PUD in December which will allow them to make application for use of PUD poles. He said they presently are doing engineering in the unserved areas and are preparing pole applications for those areas. He said they are doing preliminary engineering on the overhead construction and are getting bids for the major portion of the overhead construction. Further, he said the litigation with PUD is still not resolved. He was asked what his time schedule was for completion of the construction but he said he could not give an answwer at this time. He was asked how the suit got started and he responded that PUD had wanted an increase to $11 per pole rental fee and they refused to pay it, hav- ing previously paid approximately $3.50 per pole. He said the interim agreement provides rental at $6 per PUD owned pole per year and $3 per jointly owned pole per year. The hearing was opened to the public. Dick Cole of 7313 Soundview Dr. said he had been trying to get TV cable service since February of 1968. He said the service is only 2/10 of a mile away from him but he has been unable to be connected. He felt if'a company was to have an exclusive franchise for an area it should be obligated to provide service to everyone in that area. He urged the Council to look seriously at whether or not Liberty CATV was the right company to provide cable service. Bill Hulbert, Manager of PUD, elaborated on the litigation between PUD and Liberty. He said the court had awarded judgment to PUD and Liberty had appealed to the State Supreme Court. He said their rate was not $11, as stated by Mr. Lovett, but $3 for jointly owned (with General Telephone) poles and $6 for wholly owned poles. He said the $11 figure had been reexamined shortly after it was announced and was adjusted to $6 and it was the $6 figure which Liberty had refused to pay. He said they could have paid the $6 fees under protest and still gone to court and if PUD had been ruled against, the rental fees would have been rebated. He said there generally are five or six customers on a pole. Ed Hansen, attorney for PUD, said the pole attachment fee is not a TV cable fee only and that a wide variety of people -have occasion to place facilities on PUD poles. He said this was not a cost passed on only to Liberty CATV, but they were the only ones to voice a protest. He said the State Supreme Court will be hearing their arguments in about two weeks. Mr. Lovett said they have only one or two subscribers per pole, and he said he could provide a tentative work schedule in about two weeks. Mr. Hulbert said PUD would assume some of the responsibility for delay if they cannot get at the work schedule set up by Mr. Lovett. 1 0 1 February 7, 1978 - continued • Councilman Clement referred back to the original agreement and noted that Liberty had failed to perform service,.relying on the words in the agreement that waived completion upon request based on failure or'refusal of any public utility company to authorize in- stallation of Liberty's equipment on such utility's poles. Councilman Clement said there had been no failure to authorize, that the failure or refusal had been on the part of Liberty to accept the price terms. He said the Edmonds citizens had been put in the middle and the Council had been put at a significant disadvantage by Liberty's not requesting an extension as they said they would and by implying that the right to hook up was denied them when in fact Liberty had made the denial. He said Liberty had further implemented a price increase under the terms of.an ordinance that was passed i.n exchange for this agreement when in fact they had not upheld the agreement. Mr. Lovett cited,a letter from PUD of May 20, 1976 in which PUD returned applications for contact to poles, saying they were not accepting appli- cations. Mr. Hulbert said they were not accepting the applications because Liberty was re- fusing to pay the rate. Roger Williams of 16706 74th P1. W. said he had tried for three years to get cable service and had been told by Liberty that they did not service his area although they said they did have the franchise for that area. He said he thought there probably were a number of com- panies which would like the opportunity to offer service and would be more aggressive in following up on service.. He said he resented the lack of candor from Liberty and he appre- ciated the explanations from the PUD people this evening. Mike Chambers of 17129 72nd W. said he had tried to get the cable service since it first was available in Edmonds but the standard answer had been that Liberty had no plans to expand into his area. The suggestion had been made earlier that possibly the FCC should have jurisdiction over this matteraand he strongly urged against that. He said the local government was the only chance they had to get service from these people. He agreed with Mr. Williams that another franchise holder should be sought. Bill Yeager of 7003 165th St. S. W. said the Council had an obligation to the citizens of Edmonds to see they have good service, and he asked that Liberty's franchise • be cancelled. Mr. Lovett said he would like to return in two weeks with a construction time- table and that he would like an extension of the agreement. The public portion of the hear- ing was then closed. Councilman Clement said a rate increase was to be effected without hearing as long as it was CPI justified but it was required that Liberty adhere to the Renewal Agreement, which they had ►iot.done.He asked about options to rescind the rate increase or provide for a rebate. City Attorney John Wallace said there is a revocation process that can be initiated if they have violated the terms and conditions of the permit. Councilman Naughten said the fran- chise is based on service and nothing had been heard but complaints about service and ex- cuses. He said he did not see any reason why they could not have paid the pole fees under protest and continued service. He was concerned that the citizens should get some service and he said Liberty had gone too long without providing it. He felt a positive schedule should be provided immediately for service or else the Council should proceed with a revo- cation hearing. Councilman Carns again cited the System Completion section of the Renewal Permit, saying Liberty had not done what was required, and he said he took exception to Mr. Lovett's statement that he did not mean what he said at the February 24, 1976 meeting when he said their agreement called for service to all homes in Edmonds by June 30, 1976. Councilman Carns said it was in their agreement and based on that they were granted a 25¢ per month increase. He felt Liberty was clearly in violation of the agreement and that MOTION: Liberty had no empathy for the citizens or the Council. COUNCILMAN CARNS THEN MOVED THAT THE COUNCIL SET FOR MARCH 21, 1978 A PUBLIC HEARING AS TO THE REVOCATION OF THE LIBERTY CATV (Failed) FRANCHISE WITH THE CITY OF EDMONDS. COUNCILMAN GOULD SECONDED THE MOTION, REITERATING THAT IT WILL BE A SEPARATE AND PERHAPS DUPLICATE HEARING. Councilman Herb spoke against the mo- tion, saying this matter is at the Supreme Court level and Liberty is just as convinced they are right as PUD is that PUD is right. He felt there would be some justification in giving Liberty a six-month or nine -month extension. He said it was necessary to see what they do now that the litigation is about to conclude. Also, he said it was necessary to know what alternatives there were, especially if the franchise were revoked, and how quick- • ly someone else could take over the franchise. Councilman Clement was against the motion because Liberty's motivation between now and the hearing date would disappear and the people would get no service during that time. He said he felt they deserved two weeks to provide a completion program and then if at any time they did not meet their schedule then they should be given the 30 days' notice of a revocation hearing. Councilman Carns said that if they presented a reasonable proposal at the March 21 hearing the Council would be re- sponsive to that, but Councilman Clement said that during that six weeks period there should be a lot of hook-ups completed. THE VOTE WAS TAKEN, WITH COUNCIL MEMBERS CARNS AND GOULD MOTION: VOTING YES, AND COUNCIL MEMBERS HERB, CLEMENT, ALLEN, NORDQUIST, AND NAUGHTEN VOTING NO. MOTION FAILED.. COUNCILMAN CLEMENT THEN MOVED THAT LIBERTY CATV BE INSTRUCTED TO PROVIDE THE COUNCIL WITH A DETAILED IMPLEMENTATION PLAN FOR COMPLETION OF CABLE•SERVICE IN THE CITY OF EDMONDS AT THE MEETING OF FEBRUARY 21, 1978. COUNCILMAN CARNS SECONDED THE MOTION. MOTION CARRIED. City Attorney John Wallace advised that there still had been no fdrmal request from Liberty CATV for extension of their Renewal Permit, and that the Council had not granted any extension. A short recess was announced. HEARING ON DESIGN REVIEW - "PARKSIDE WEST" (FILE PRD-4-77) Assistant City Planner Noelle Charleson said this PRD was proposed in an environmentally sensitive area which has steep slopes and heavily wooded areas. She showed the location 183 February 7, 1978 - continued on a Zoning Map, noting that the zoning is RS-20 and that this zoning was probably es- tablished to provide open space in this type of area. She showed slides of the site, not- ing that there are two flat knolls. with a steep ravine running between them in an east -west direction. She referred to the Policy Plan which states careless grading should be pre- vented in such areas as this and that natural slopes should be protected. She said key questions which should be addressed were: Does the proposal save steep slopes and natural vegetation? Is drainage properly addressed? Are characteristics of the site retained? Ms. Charleson said this was an ideal site for PRO development because the steep slopes could be retained and the homes well located on the property. The applicant had pro- posed to concentrate construction on the two knolls and had proposed building attached housing of the townhouse type, clustering the units on each knoll, 11 on one and 6 on the other. She said a 30' right-of-way was requested instead of 40' because of the severe topographic conditions and so the houses would not be pushed so far back into the ravine. Ms. Charleson said the trees to be preserved were indicated and the applicant had done a good job of saving trees. She said the proposal had been before the Planning Commission and the Amenities Design Board. She said the houses will be substantially buffered from the road by existing vegetation. Regarding trees left in the open space area, Ms. Charleson said that in the past the Planning Department had requested that the City Council establish a tree -cutting restriction on such property so that the homeowners are not permitted to cut down any of the vegetation unless there is a safety hazard such as a dead tree. The site contains over 11 acres. The applicant had proposed a retention -detention system for runoff on the site. A gravel walkway was proposed on the west side of 68th Ave. The un- developed area will constitute over 50% of the site. A fire hydrant will be at each cul- de-.sac. They will be to the sanitary sewer system.' Ms. Carleson said that al- '.connecting though there will be some cuts and fills, they will be minor and vegetation will be sub- stantially preserved. She said the architect had sited the units to the maximum preserva- tion of the existing features of the lots and that maximum open space will be preserved. She displayed the architect's renderings of the type of development proposed and said it will be required that they build that type of unit. She did not believe there would be • any significant adverse environmental impact if the engineering requirements for drainage were met, and she recommended approval because she felt it was a good proposal for this area and substantially met the requirements of the Policy Plan. Public Works Director Leif Larson said the City of Lynnwood had installed sewers in this area so the site can.be sewered. With regard to the below standard street, he said there is a provision that a 30' right-of-way may be granted under special circumstances and in this case the special circumstances would be the effort to keep the buildings away from the ravine and reduce the impact on the site. He said the only stipulation is that when the roadway is only 24' wide there should be provision for additional parking in the vicinity of the buildings because there would be no room to park on the street. Councilman Gould expressed his appreciation for the Planning Division's examining this proposal in relation to.the Policy Plan. He thought,the request for street modification not only met the street standards but also con- formed to two parts of the Policy Plan, one in the environment section and another in the transportation section. The public portion of the hearing was opened. Tom Archey, the developer, said he would answer any questions. He said the present goal was to keep the units in the $60,000 to $80,000 price range. Mr. Archey asked for an ex- tension to one year from the required three months in which to put in the improvements to the site. Ms. Charleson felt that was an appropriate request and noted that the Planning Division was preparing a proposal to amend the three month requirement, extending it to one year. Cherie Prias of 16415 68th Ave. W. was concerned that there should be adequate park- ing on the site so the development does not cause parking on the adjacent street. She said there is already a parking problem from the Community Club and the area is very dark and the parking presents a hazard. She asked also if it was possible to light that portion of 68th Ave. Public Works Director Leif Larson said he would investigate the situation. The public portion of the hearing was closed. MOTION: COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN GOULD, TO APPROVE THE DESIGN REVIEW OF (Amended) PARKSIDE WEST WITH THE RIGHT-OF=WAY MODIFICATION FROM 40' TO 30' WITH ALL ENGINEERING RE- • QUIREMENTS BEING MET, WITH THE PROPOSED GRAVEL WALKWAY, AND WITH THE EXTENSION TO 12 MONTHS FOR INSTALLATION OF THE INITIAL IMPROVEMENTS. COUNCILMAN CLEMENT MOVED TO AMEND THE MOTION TO INCLUDE THE REQUIREMENT THAT THE HOUSING DEVELOPMENT BE SUBSTANTIALLY THE SAME AS THAT INDICATED IN SECTION AA OF THE PROPOSAL PRESENTED. COUNCILMAN GOULD SECONDED THE MOTION TO AMEND. THE MOTION TO AMEND CARRIED. THE MAIN MOTION, AS AMENDED, THEN CARRIED. HEARING ON PRELIMINARY PLAT APPROVAL - "BROOKVIEW" (FILE P-1-78) Assistant City Planner Noelle Charleson said this was a 10-lot subdivision, also in an area with steep slopes and with two ravines and an intermittent stream. This is not an environ- mentally sensitive area, however. The zoning is RS-12, and the lots are on a bluff and most will have views of Puget Sound. She showed slides of the site, noting that previous devel- opment on this street had been accomplished on fill. She said questions to consider were how much of the existing terrain, topography, and existing stream should be preserved on the site. She said the homes will be in the $150,000 price range, and a big issue was access to Lots 8,9, and 10. The developer proposed to fill and culvert a portion of the gully adjacent to the access easement, over which gully access would be provided to Lots 8,9, and 10. She said that portion of the gully presently is full of brush and brambles but it could be improved. All trees of 8 or larger diameter which are located outside any roads, drives, or structures must be retained. Ms.'Charleson displayed the site plan, noting that no dirt E • February 7, 1978 - continued or fill would be permitted to go beyond ,the lines indicated on each lot. With the excep- tion of the access to.Lots 8, 9, and 10, she said the site was not difficult to develop. A .50' wide right-of-way was proposed, and the Planning Commission had recommended a side- walk be located on the north side of the street. She said that would pose some problems in terms of the gully if it was to be preserved. She said the Council could waive the sidewalk requirement if they felt the topography did not require a sidewalk. The Planning Commission had recommended that the paved portion of 175th St. be pushed as far north as possible to save a stand of trees. The water in the gully comes from three drain lines in the area and the gully has been_culverted to the east. A'letter from Jerry Lovell, engineer for the proposal, indicated 1,700 cu.yds. of fill would go into'the gully and the gully would be devegetated before filling. The length of the fill would be 170'. Ms. Charle- son said the Planning Commission had recommended a modification to 28' of pavement for 175th St., instead of 32. A modification was also recommended on the lot -width dimension ratio for Lots 8, 9, and 10, and Ms. Charleson said that posed no problem on lots as large as these. She recommended approval of both modifications. The public portion of the hear- ing was opened. Jerry Lovel of Lovell-Sauerland and Associates, Inc..explained that when this area had been subdivided by Philo Lund he had retained 25' of property over which he gave an access ease- ment to the O'Brfens and the Lunds, directly west of him. The easement road dipped to the south in order to stay away from the gully and be on stable land. Mr. Lovell said they pro- posed to fill a portion of the gully with good fill from the top of the knoll above the gully. Bernie,Baker of 7605 175th S.W. elaborated on the streams which run into the gully. John Strand of 911 Sea V:ista,.Pl•.. said he was interested in owning a home in this development and he had walked the area and -it was his opinion, for safety's" sake., that -it would 'be best to fill the portion of the gully proposed by the developer. He said it has a very steep drop and was dangerous. Paul O'Brien of 7812 17th S.W. asked that the Council require that the developer spare the bank and the trees located 50' from his house, where -the extension of • 175th St. was proposed. Mr. Lovell said he thought that could be done by centering the roadway in the right-of-way. Community Development Director John LaTourelle said he and his Staff found very little to recommend the filling in of that gully and stream.. He said they felt it should be retained. He pointed out that the long-range effect of picking away at the.small tributaries is that the sponge effect disappears and the soil does not have the opportunity to retain the mois- ture that feeds the creeks, and in. the winter months you get high velocity water and in the summer it dries up. He said they are trying to preclude that, and he pointed out the scour- ing effect high velocity water has on the ravine. Mr. LaTourelle said they felt also that the paving in.front of the O'Brien property can and should miss those trees. Further, they found little need for sidewalks of any kind as the area is sparsely developed and it is not likely there will be large numbers of small children on that deadend street. He said they found no justification for imposing the lot -width dimension ratio requirement. Mr. LaTourelle felt also that there were ways to landscape the gully under discussion so that it could be- come a real amenity for the properties located there. The public portion of the hearing was. then closed. MOTION: Councilman Gould said he was sensitive to the environmental consideration and COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN CARNS, THAT THE BROOKVIEW PLAT BE GIVEN PRELIMINARY APPROVAL WITH THE FOLLOWING STIPULATIONS: THE PAVING OF 175th ST. TO BE 28' WIDE AND WILL BE SO POSITIONED AS TO MISS THE STAND OF TREES ON THE O'BRIEN PROPERTY; THAT THE SIDEWALK REQUIRE- MENT BE WAIVED; THAT THE LOT RATIO REQUIREMENTS FOR LOTS 8, 9, AND 10.'BE WAIVED; AND THAT THE ACCESS TO LOTS 8, 9, AND 10 BE FROM AN ACCESS ROAD, TO CITY REQUIREMENTS, FROM LOT 10 AS DESCRIBED BY THE ASSISTANT CITY PLANNER. MOTION CARRIED. HEARING ON P.C. RESOLUTION 579, RECOMMENDING APPROVAL'OF PROPOSED AMENDMENT TO OFFICIAL STREET MAP.TO ADD VIEWMOOR PL. (FILE ST-1-78) • Assistant City Planner Noelle Charleson said this proposal to add Viewmoor P1. to the Offi- cial Street Map was in conjunction with the Viewmoor subdivision which recently was heard by the Council. She showed the location of the proposed street. She said it is.a cul-de- sac under 400' in length and the right-of-way requirement is 40'.. She said they had con- currence of the property owner to the north and this will also serve as an access to his property which will probably be developed in a mirror image to the Viewmoor development. She did not anticipate any significant adverse environmental impact from this proposal, and she recommended approval. The public portion of the hearing was opened, no one wish - MOTION: ed to speak, and the public portion was closed. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT ORDINANCE 1976.BE ADOPTED PURSUANT TO P.C. RESOLUTION 579. MO- TION CARRIED. HEARING ON POLICY FOR LID'S Public Works Director Leif Larson said a proposed resolution had been drafted following the last discussion of this matter on January 10. The public portion.of the hearing was open- ed, no one .wished to speak, and the. public portion was closed. Councilman Clement felt that Improvements 6 through 10 indicated on the attachment should not be allowed without under- ground wiring and he thought paragraph 2 should be deleted. Councilman Carns pointed out that it was the intent that these should be heard on a case -by -case basis, so he found par - MOTION: agraph 2 satisfactory. COUNCILMAN CARNS THEN MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO INSTRUCT THE CITY ATTORNEY TO PREPARE THE FINAL DRAFT OF THE RESOLUTION REGARDING LID POLICY. MOTION CARRIED, WITH COUNCILMAN CLEMENT VOTING NO. 0 18 6 February-7, 1978 - continued APPOINTMENTS OF FINANCE DIRECTOR AND DIRECTOR OF ADMINISTRATIVE SERVICES • PROPOSED ORDINANCE SETTING SALARIES FOR FINANCE DIRECTOR AND DIRECTOR OF ADMINISTRATIVE SERVICES Councilman Carns had requested these items be heard together. He noted that Ordinance 1967 reflected the grade of the Finance Director to be E-11 and that it was now proposed to be downgraded to E-10; and the new position of Director of Administrative Services was pro- posed to be E-10. He said the new Director of Administrative Services was proposed to be the former Finance Director, but with a salary cut of $90 per month. He said he could not concur with that inasmuch as that particular person was probably one of the hardest work- ing people on the City Staff and probably put in more hours on the job than anyone. He said he found the proposed salary cut very offensive. Therefore, COUNCILMAN CARNS MOVED, SECOND- ED BY COUNCILMAN NAUGHTEN, THAT ORDINANCE 1977 BE ADOPTED BUT THAT THE WORDING BE AMENDED TO INDICATE THE SPECIFIED SALARY OF THE DIRECTOR OF ADMINISTRATIVE SERVICES TO BE $1,790. MOTION CARRIED. COUNCILMAN CARNS THEN MOVED, SECONDED BY COUNCILMAN GOULD, TO APPROVE THE MAYOR'S APPOINTMENT OF ARTHUR HOUSLER TO THE POSITION OF FINANCE DIRECTOR AND THE APPOINT- MENT OF LILA CROSBY AS DIRECTOR OF ADMINISTRATIVE SERVICES. MOTION CARRIED. There was no further business to come before the Council, and the meeting adjourned at 11:35 p.m. ,4'/_,1,1 _,f, ez��� IRENE VARNEY MORAN ITY CLERK February 14, 1978 - Work Meeting HARVE H. HARRISON, MAYOR The regular meeting of the Edmonds City Council was called to order at 7:30 p.m. by Mayor Pro tem Tom Carns in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. Mayor Harve Harrison arrived shortly after the call to order and conducted the balance of the meeting. PRESENT ABSENT STAFF PRESENT 1 Harve Harrison, Mayor Larry Naughten Charles Dibble, M.A.A. Mike Herb Leif Larson, Public Works Director Phil Clement John LaTourelle, Community Devel. Dir. Katherine Allen Irene Varney Moran, City Clerk John Nordquist Art Housler, Finance Director Ray Gould Jim Murphy, City Attorney Tom Carns Wayne Tanaka, City -Attorney Jackie Parrett, Deputy Clerk CONSENT AGENDA MOTION: A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN GOULD, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The Consent Agenda contained the following: (A) Roll call. (B) Approval of Minutes of February 7, 1978. (C) Setting date of February 28, 1978 for hearing of P.C. Resolution 580, recommending • approval of amendment to Official Street Map to reduce right-of-way on 196th bet-. ween 76th Ave. W. and a point east of 81st P1. W. (File ST-13-77) (D) Approval of Street Use Permit, sign for Von Max Restaurant, 512 5th Ave. S. COUNCIL Councilman Nordquist noted that a subscription to the Western Sun recently had been approved for the Mayor's secretary and there now was one indicated for the Mayor's Administrative Assistant. Councilman Nordquist thought that seemed like an unnecessary expenditure and asked that it be given further consideration. He also inquired about an expenditure of $850 to the University of Oregon for a seminar.. M.A.A. Charles Dibble responded that the Personnel Secretary and the Personnel Consultant (Tom'Purton) had attended the seminar but the cost would be refunded by an IPA grant. Councilman Nordquist then distributed a report on year- end statistics from the Snohomish Health District. They had been reviewed at the Health District meeting this date and he felt they would be of interest to the Council. The Council was interested and asked that he continue to provide the year. -end statistics. Councilman Carns reported that he had pursued the idea of Staff -Council luncheons and had discussed this with the M.A.A. Councilman Carns said immediate topics being considered for discussion at such luncheons were (1) What can Staff members do to make Council meet- ings more efficient, and (2) What kind of topics would be desirable for future discussions. He asked which day of the week would be best on which to have the luncheons and it was agreed that Thursdays would be best. Councilman Nordquist noted that there was a group of young people in the audience from College Place Junior High School who were doing research for their Social Studies Class. 11