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19800805 City Council MinutesJuly 30, 1980 - conti.nued (Council/ADB special meeting) 1 Ll No final conclusions were reached at.th.is meeting but the issues were discussed frankly and Councilman Gould submitted a draft of proposed changes to the existing sections of the Code relating to PRDs. The City Council will consider the .final draft of'the.new Community Development Code on August 26, 1980 acid it "s expected that PRDs will be discussed again at that time. The meeting adjourned at 9:35 p.m. IRENE VARNEY MORAN, Ci Clerk August 5, 1980 RY,Nf G W—, Acting Council President/Mayor Pro tem The regular meeting of the Edmonds City Council was called to order at 8:05 p..m. by�Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT Harve Harrison, Mayor • Jo -Anne Jaech Bill Kasper Katherine Allen John Nordquist Ray Gould Larry Naughten Mary Goetz STAFF PRESENT Charles Dibble, M.A.A. Jim Adams, City Engineer Mary Lou Block, Planning Division Manager Art.Housler, Finance Director Jim Jessel, Parks & Recreation Director, Jack Weinz, Fire.Chief Jim Murphy, City Attorney Jackie Parrett, Deputy City Clerk Mayor Harrison requested that Item 10 on the Agenda be moved to Item 3 because the Finance Director who was on vacation was present to make a presentation on Item 10. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO MOVE AGENDA ITEM 10, DISCUSSION ON.INSURANCE POOLING, TO ITEM 3 ON THE AGENDA. MOTION CARRIED. CONSENT AGENDA Item (D) was removed from the Consent. Agenda. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN KASPER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included..the following: (A) Roll call. (B) Approval of Minutes of July 29, 1980. (C): Adoption of Ordinance 2156, providing for excused absences by members of•boards•and commissions. PROPOSED -RESOLUTION OF INTENTION, AMENDING RESOLUTION OF INTENTION 255, TO SET DATE OF SEPTEMBER 9, 1980 FOR HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PROPOSED LID.ON SPRAGUE ST., BETWEEN 7TH AND 8TH _Item D on Consent Agenda • Councilwoman Allen noted that this Resolution of Intention was for the street LID only and there was some concern because the applicants had amended their application to include a water line.. She said this Resolution of Intention which was proposed this evening did not include a water line and that should be understood. Sproule McGinness, one..of .the petitioners, said they'had.requested the amendment to include the water 1-A ne because the Engi.neering Division insisted the water line be replaced, and if it -is to be required -they wanted it in the LID. His understanding was that the existing water line was not adequate to service -fire equipment. Peggy Harris, another of the petitioners, noted that there, had just.been an increase.in the water rates which is supposed to be used to replace inadequate lines in Edmonds, so she asked why.their line could not be included. She felt the City should replace the line since it is needed to serve fire equipment. Mayor Harrison explained that the line should be put in when the street goes in rather than wait until it comes up on a priority list and then tear up the street to install it. George Walsh, 739 Sprague, said the residents on the street are not interested in putting in -a water line at this time. He said when the Fire Department tested their water mains a few days previously they were told they were as well protected as 80% of the people in Edmonds. They did not want to pay for new water mains. Fire Chief Jack Weinz stated that the water main there is 4" and it should be 8", and it would not."be adequate when the additional houses are built there. Mayor Harrison suggested that the City establish that street as a priority for upgrading the water.main. The Council discussed the problem, after which COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, THAT THE DISCUSSION'REGARDING PASSAGE OF THIS PROPOSED RESOLUTION OFA NTENTION BE CONTINUED TO AUGUST 19, 1980 IN ORDER TO OBTAIN ADDITIONAL INFORMATION AS TO THE WATER LINE COSTS, WHAT THE CITY NORMALLY WOULD CONTRIBUTE_, WHERE THIS PARTICULAR IMPROVEMENT IS ON THE CITY'S PRIORITY LIST, AND THE PERCENTAGE OF OWNERSHIP OF THE SIGNERS OF THE PETITION. MOTION CARRIED. [Item (D) on the Consent Agenda was not approved.] MAYOR Mayor Harrison read a letter from the Snohomish County Boundary Review Board, addressed to -the City of Mount lake Terrace, giving notice -that the Board may hear the Nile annexation at the September 9; 1980 meeting,_that determination to be made at the August 11, 1980 meeting. DISCUSSION ON INSURANCE POOLING • Finance Director Art Housler reported on a study made on the feasibility of twelve Puget Sound 8 - continued August 5, 19 0• cities, including Edmonds, pooling together for self-insurance. The basis of the study was (1) to influence insurance companies indirectly to reduce the premium rates, (2) compare the.City'5 loss, control performance with that of other cities, and (3) learn firsthand.if.joining a pool would be advantageous for the City of Edmonds. Mr. Housler discussed the advantages and disadvantages of .pooling and he recommended that the City not become a member of,the,pool at this time but consider it again next year. His reasons were: (1) Practically all of the figures provided by the cities were unverified, thereby allowing for inconsistencies. (2) The City of Edmonds had the next to best loss control performance of all the cities participating in the study, so the City's share of the premiums would be proportionately more adversely affected than the ten other cities which had worse records. (3) In addition to being required to pay $2,941 this year (10t per capita) for organiza- tional costs, someone from the City would be required to be involved,.and during the first year that undoubtedly would mean a lot of time and labor dollars. (4) A specimen of the insurance policy was not provided which means it is unknown whether the City would be getting less coverage, the same coverage, or more coverage, and most policies have exclusions of one form or another. Mr. Housler noted that there probably will be an additional entry fee in one year. Councilwoman,Goetz commented that the City currently is using a local firm, and she felt that was Councilman preferable when possible. Nordquist added that the City had joined a form of pool several years ago and was not happy with it, and when it left the pool it had to re-establish a position, and now he felt it would be best just to observe this pool for the next year. He felt the City had established itself too well to give that up to someone else's advantage. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN GOETZ', TO ACCEPT THE REPORT OF THE FINANCE DIRECTOR AND HIS RECOMMENDATION NOT TO JOIN THE POOL AT THIS TIME, AND THAT THE FINANCE DIRECTOR BE INVITED TO MAKE A FOLLOW-UP REPORT IN AUGUST OF 1981. MOTION CARRIED. COUNCIL Councilwoman Goetz noted that a petition had -been received this evening from a group of citizens asking for help in stopping a noise problem in their neighborhood caused by one family's use of "dirt bikes" and race cars. Mayor Harrison read the petition aloud, and Councilwoman Jaech suggested it be set for a hearing as she had a number of questions to ask; and that is the procedure established by the Council. Jodine Sherin, 7905 207th P1. S.W., spokesperson for the group, said it had become a.public nuisance situation as the man is throwing rocks at people and shooting fireworks which are a danger to the shake roofs in the neighborhood. She said they have to call the police frequently and five families had filed complaints with the Police Department. She asked that the hearing not be delayed because of the danger involved. COUNCILWOMAN JAECH MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO SET THIS MATTER FOR PUBLIC HEARING ON AUGUST 12, 1980. MOTION CARRIED. The Council requested a report from the Police Department and legal advice as to what could be done. Councilman Naughten had received a call from a person in the Westgate area who was concerned with the cutting into the bank at the new Albertsons site. Planning Division Manager Mary Lou Block responded that they are replacing an old retaining wall with a new one and making a level base. She said representatives from both the Planning Division and Engineering Division had been at the site, this date to observe the activity. Councilman�Naughten complimented the responsible department on the hanging baskets in the downtown, area which have done a great deal to enhance the City. Councilwoman Jaech advised that she would not be present at the special meeting the.following day for the bid opening on the Anderson Center bonds as her employer will be one of the bidders and that would be a conflict of interest on her part. Councilman Nordquist advised that it was time to renew the City's membership in the South Snohomish County Chamber of Commerce. if the Council wished to continue that membership. The fee is $200.. • COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO RENEW THE CITY'S MEMBERSHIP IN'THE SOUTH SNOHOMISH COUNTY CHAMBER OF COMMERCE. MOTION CARRIED. Councilman Nordquist noted that the Council secretary, Judie Gilbo,.was celebrating her..10-year anniversary as an employee of the City. Councilman Nordquist also noted that on August 11 the City of Edmonds w ill have been incorporated 90 years and he suggested that at 7:45.p.m. on.August 19, just before the -Council meeting, that 90th anniversary be observed by inviting al.l past Council members for a simple celebration and serving a cake. That was very agreeable to the Council. Councilman Kasper added that he had been able to obtain a film on the subject of growth/no-growth policy for cities and hewould like to.present it at 7:00 p.m. on August 19. The Council was interested in seeing the film and agreed on that date. AUDIENCE Floyd Smith, 814 Dayton, announced that the Early Settlers will be having their annual picnic at the City Park on August 10. HEARING ON P.C.-RESOLUTION 659, PROPOSED VACATION OF RIGHT-OF-WAY TO REMOVE_A PORTION OF 84TH-AVE. W., LOCATED SOUTH OF 202ND ST. S.W. (ST-6-80) Planning Division Manager Mary Lou Block stated that this portion of right-of-way was of no use to the City and the Official Street Map had been amended by Ordinance. 167l to reduce the right-of-way along this portion of 84th Ave. W. from 60' to 30'. There was.a finding of no significant adverse environmental impact by'this proposed action.. The 30' had been dedicated in conjunction with a' r� L 95 August 5, 1980 - continued subdivision, and subsequently the Official Street Map was changed. She recommended the vacation and that the area be returned to the dedicating party. The public portion of the hearing was opened'. Ken Figgins stated he had dedicated the property when the right-of-way was required.to be 60' and now it was -just a,jog°in the right-of-way. He also stated.that he -is still the owner of record although he is selling the property. -The public portion of the :hearing was closed. COUNCILMAN NAUGHTEN=MOVED., SECONDED B.Y.-,COUNCILWOMAN ALLEN, TO ADOPT ORDINANCE 2157, PURSUANT -TO P.C. RESOLUTION 659,''AND THAT.THE.'RIGHT-OF-WAY VACATED WILL REVERT TO THE.ABUTTING PROPERTY OWNER AT NO CHARGE TO HIM AS HE WAS.THE DEDICATING PARTY. MOTION CARRIED. HEARING -ON 5-LOT SUBDIVISION AT .19804.MAPLEWOOD DR. - BESELIN/PHELPS (P-2-80) Planning Division Manager'Mary Lou Block located the site on a vicinity map and showed slides of the property. There .is an existing home on the property and.a garage. An access easement would serve that property from the east. Access for the remaining.lots willbe from 12th-Ave. An additional access is provided to Lot 1, the.lot with the existing house on it, because it is possible that it could be�subdivided in the future. Also, Lot 4 has an area large enough to allow future subdivision but it is an area of steep topography and the Planning Division had recommended to the Planning Commission that a covenant be placed on that lot to prevent future subdivision. At the Planning Commission. -hearing it was stated by a representative of the.applicants that any future subdivision would have to be approved by the City so he requested that.such.a covenant not be required. The Planning Commission did not recommend the requirement of such a covenant. Other details of the proposal were provided in the minutes of the Planning Commission hearing. Ms. Block recommended that the Council approve the.proposed subdivision with the following conditions: (1) No cutting or clearing of any vegetation from elevation 290 downward on Lot 4 and from elevation 345 downward on Lot l; aAree cutting plan to be submitted and approved by the Planning Division before.any trees 8" in diameter -or over are cut on'the remainder of the site. (2).A temporary siltation/drainage plan to be submitted and approved by the Engineering Division prior to -any filling and grading. (3) Lot S4 is a flag lot with the front.designated as the southeast line,.the rear as the northwest line, and the sides as the northeast and southwest lines. The public portion of the hearing was opened. Jerry, Lovell of.Lovell-Sauerland.and Associates, representing.the applicants, said the applicants had two concerns, that of the future subdivision.capability of.Lot 4 and that of tree cutting. They requested that.the suggested.covenant..not be placed on Lot 4. Regarding tree.cutting, Mr. Lovell said this is view property and has a,potential for very good view if the the property i.s substantially cleared'of trees. They recognized that there is a steep slope on Lot 4 that must be handled carefully, but he'said the property is valuable and worth spending the money to.provi.de support for retention of the slopes.. Dick Beselin, 1027 Cascade Lane, one of the applicants, said he.intended building his home on Lot 4 and he did not want to take out any more trees than necessary but, at the same time, he had paid a view property price and it will be costly to develop the property. He said he did not want to strip the property but there are some trees in the suggested restricted area which he may -want to cut down for view, but-he.would leave the stumps. He did not want to be totally precluded from cutting in the area from elevation 290 down. Councilman Gould suggested that future subdivision of Lot 4 should be planned for now. He noted that even though a future subdivision would have to be approved by the City, it would be done by the Planning Staff and not by the City Council, and that was a general problem the Council had to face. Ms. Block noted that the concern-by.the Planning Staff was for the stabilization of the bank. Councilman Gould said.he had no problem with tree cutting to allow a view as long as it caused no problems to the drainage. The public portion of the hearing was then closed. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN KASPER, TO APPROVE THE SUBJECT SUBDIVISION WITH THE STIPULATIONS STATED BY THE PLANNING DIVISION. MOTION CARRIED. A short recess was -announced during which Mayor Harrison left. Mayor Pro tem Nordquist conducted the balance of the meeting. • CONTINUED -HEARING ON PETITION FOR.VACATION OF RIGHT-OF-WAY AND.AMENDMENT TO OFFICIAL STREET MAP TO REMOVE -A PORTION -OF 8TH AVE. N...; BETWEEN ALOHA:AND DALEY = P C RESOLUTION 653 (ST-17-79) Councilman -Kasper left the rostrum because he is one of the petitioners in this action. Planning Division Manager..Mary. Lou B1ock..said they had heard nothing further from the church. The City Attorney had provided a memorandum discussing his research of case law on this subject, hi's resulting advice being.that if the church.continues to object the City cannot proceed with this resolution. The hearing was opened to the public. Don Schroeder., one of the peti'tioners.for the vacation, said that.all of the church's development on that site has been done by vi.rtue..of a Conditional Use Permit.which does not state that the church enjoys access from 8th Ave. N.. He.said.again that during their hearings they had stated they had no interest in access.to 8th Ave.,N. and, further, that they had waived their rights to -protest any LID to improve 8th Ave. N. and thereby abrogated their interest in 8th Ave. N.- He suggested that if circumstances had.changed and they now wanted access then their Conditional Use Permit should be revoked and -.a new set of hearings held. Mr. Schroeder then asked the Council to continue this until September 2.and he would come up with.a.different plan and file an amended petition. It was then suggested that the Council initiate the vacation by resolution. Floyd Smith, a member of the Planning Commission, recalled the complaints by the neighbors before the Planning Commission when the hearings were held on the church development, those complaints having.to do with the traffic. He felt the Council should initiate the street vacation by resolution. The public portion of -the -hearing was closed. COUNCILMAN.NAUGHTEN MOVED, SECONDED BY.000NCILMAN GOULD, THAT.ST-17-79 BE DENIED BECAUSE OF THE PROTEST BY..50%.OF THE ABUTT.ING..PROPERTY, OWNERS.,. MOTION CARRI.ED.. COUNCILWOMAN ALLEN THEN MOVED, SECONDED BY.COUNCILMAN.NAUGHTEN,...THAT.THE CITY ATTORNEY..BE.INSTRUCTED TO PREPARE A RESOLUTION STATING 'THE. CO.UNCIL'WILL�INITIATE A VACATION OF A PORTION OF 8TH AVE. Ni, FROM THE PROPOSED CUL-DE-SAC SOUTH OF ALOHA TO'THE NORTHERLY BOUNDARY OF DALEY. MOTION CARRIED.. It was requested that when this is presented for hearing that the minutes be provided of the Planning Commission hearing on the church development regarding access for that development. a 6 August 5, 1980 - continued CONTINUED .HEARING .ON PROPOSED AMENDMENT TO OFFICIAL STREET MAP,TO.ADD A PROPOSED CUL-DE-SAC, VICINITY OF.8TH AVE: N. AND ALOHA ST. = P.C. RESOLUTION 654 (.ST-5-80 Planning Division Manager Mary Lou Block stated.that this action should be taken in -conjunction with the previous -item. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILWOMAN GOETZ,.TO CLOSE THE HEARING ON ST-5-80 AND TO CONTINUE DELIBERATION ON IT UNTIL AUGUST 19, 1980 WHEN -THE -RESOLUTION REQUESTED IN THE LAST MOTION WILL BE CONSIDERED. MOTION CARRIED. Councilman.Kasper then returned to the rostrum. DISCUSSION ON PROPOSED COMMUNITY IMPACT,STATEMENT REGARDING BUSINESSES City Clerk Irene Varney Moran had provided copies of ordinances from several cities which require community impact statements in connection with business license applications for businesses which may have -a detrimental effect on family -oriented communities. She.noted that drug paraphernalia and saunas/massage parlors -presently are regulated by City ordinances, but adult bookstores are'not. If an ordinance.were to be passed requiring the community impact statement, the burden for preparation would be on the applicant, not on the City: She felt it would not add appreciably to any City' workload. Councilman Naughten commented that he felt this was an excellent idea. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT AN ORDINANCE SIMILAR TO THE MARYSVILLE ORDINANCE REQUIRING COMMUNITY IMPACT STATEMENTS FOR CERTAIN TYPES OF BUSINESSES... City Attorney Jim Murphy noted that it had been suggested previously that the Planning Advi.sory Board should discuss this. Councilman Gould responded that he favored this very strongly and felt the City should act before it -gets a problem. THE MOTION CARRIED.. Councilman Naughten stated at this time that he had overlooked asking for an Executive Session following this evening's meeting, so was doing so at-thi;s:aime; to_dioscuss" arlegal:_question, regarding the fishing pier parking lot. y CONTINUED REVIEW OF NEWSLETTER AND/OR OTHER ALTERNATIVES Councilwoman Goetz had contacted Bonnie Morin who edits Mountlake Terrace's newsletter and had received a breakdown of costs for a proposed Edmonds newsletter.. The breakdown indicated a total production, printing, and paper cost of $581 monthly and postage for approximately 8,400 residences within the Edmonds city limits (addressed to Postal Patron) of $705.50.monthly. This proposal was discussed, with Councilwoman Allen suggesting it be started and run for.the rest of the year as a trial, and the last quarter was agreed on as a trial period. COUNCILWOMAN JAECH MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO INVITE BONNIE MORIN TO THE SEPTEMBER 2, 1980 COUNCIL MEETING TO DISCUSS A PROPOSED NEWSLETTER FOR THE CITY OF EDMONDS. MOTION CARRIED. Councilwoman Goetz will contact Bonnie Morin. There was no further business.to come before the Council, and the meeting adjourned to Executive Session at 10:50 ,p.m. IRENE VARNEY MORAN, ity Clerk HARVE H. HARRISON, Mayor August 6, 1980 - Special Meeting A special meeting of the Edmonds City Council was held at 11:00 a.m. in the Council Chambers of the Edmonds Civic Center for the purpose of opening bids for the purchase of $3,400,000 par value of Limited Tax General Obligation Bonds, proceeds of which will be used for the rehabilitation of the Frances E. Anderson Cultural and Leisure Center. PRESENT ABSENT STAFF PRESENT Harve Harrison., Mayor Jo -Anne Jaech Charles Dibble, M.A.A. Bill Kasper Art Housler, Finance Director Katherine Allen Jim Jessel, Parks & Recreation Director John Nordquist Jackie Parrett, Deputy City Clerk Ray Gould Larry Naughten Mary Goetz Also in attendance was the City's financial advisor, Dick Kennedy. Four bids were received, as follows: Seattle -First National Bank Average interest rate: 8.500703% Rainer National Bank Seattle-Northwest'Securities Corporation John Nuveen & Co. Incorporated 8.59195 8.635857% 8.7512 The Council discussed whether to accept any of.the bids, and the City's financial advisor was asked his -opinion. Mr. Kennedy responded that.they.always say when the bids received are representative of the market then a municipality would be..well advised to accept.the lowest bid and complete the 1 1 0 0 1 1