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19801007 City Council Minutes• September 30, 1980 - continued 1 1 paying a share of the burden equal to what each resident pays. Councilwoman Goetz stated that she felt a consultant really was needed and that money invested in.a private consultant would be money well spent. THE MOTION TO CONTINUE THE HEARING CARRIED. There was no further business to come before the Council, and the meeting adjourned at 11:40 p.m. IRENE VARNEY MORAN, Crfy Clerk October 7, 1980 - Work Meeting HARVE H. HARRISON, Mayor 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 ABSENT STAFF -PRESENT Harve Harrison; Mayor John Nordquist Fred Herzberg, Public Works Director Jo -Anne Jaech Jim Adams, City Engineer • Bill Kasper Irene Varney.Moran, City Clerk Katherine Allen. John LaTourelle, Community Development Dir. Larry Naughten Mary Lou Block, Planning Division Manager Ray Gould Art Housler, Finance Director Mary Goetz Marlo Foster,.Police Chief Gary McComas,.Fire Marshal Jim Jessel, Parks & Recreation Director Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA Items (D), (F), and (J) were removed from the Consent Agenda. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILWOMAN JAECH, TO APPROVE THE BALANCE OF THE CONSENT. AGENDA.. MOTION CARRIED, WITH COUNCILMAN-KASPER ABSTAINING BECAUSE HIS COMPANY IS THE SELLER OF THE PROPERTY INVOLVED IN ITEM (C). The approved items on the Consent Agenda included the following: (A) Roll call. (B). Approval of Minutes of September 30, 1980. (C) Setting date of October 28, 1980 for hearing on.design review for completion of Parkview Firs PRO at 8406-19 Main St. (PRD-2-80) (E) Adoption of Ordinance 2164, amending the Official Street Map to vacate a portion of 4th Ave. S., north of SR 104. (ST-2-80) (G) Passage of Resolution 477,.transferring funds f.rom.Council Contingency Fund to.General. • Fund. .(H) Approval of technical modifications from Fire Department and Engineering Division to pending Community Development Code. (I) Acceptance of report on downtown parking review. PROPOSED ORDINANCE LEVYING PROPERTY..TAXES FOR 1981 [Item (D) on Consent Agenda] Councilman Gould asked if the tax amount.stated was the..maximum.and if the property tax is fixed by law. Finance Director Art Housler responded in the affirmative. -to both questions,.explaining how the taxes are determined:_ COUNCILMAN GOULD MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO APPROVE ITEM` (D) ON -THE CONSENT AGENDA. MOTION CARRIED. PROPOSED ORDINANCE -TRANSFERRING FUNDS FROM OFF-STREET PARKING, ANDERSON CENTER, AND CAPITAL IMPROVEMENTS FUNDS [Item (P) on Consent Agenda] - Councilwoman Allen inquired where the $30,391.to be transferred from the Anderson Cultural Center Fund to the'General Fund would be used. Finance Director Art Housler responded that it will be for the maintenance of that building and will pay for the two maintenance men. The question arose as to whether the 1% for pub.lic.art was a requirement, and Ci:ty.,Attornev Wayne Tanaka stated that 1% of the construction projects-will-be'used for public art unless the Council elects not:to do so, but in .this case=the'Council did elect to do so. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN-GOULD, TO APPROVE ITEM (F) ON THE CONSENT AGENDA. MOTION CARRIED. - AUTHORIZAT.ION TO PURCHASE PORT' SECURITY.:VEHICLE FROM NORMAN CHEVROLET [Item (J) on Consent Agenda] Councilman Kasper said it had been -his understanding that.a vehicle was not to be provided for the Port security. Police Chief Marlo Foster responded that a vehicle is not being provided at the October 7, 1980 - continued • hospital, but is at the Port. COUNCILMAN KASPER THEN MOVED, SECONDED BY COUNCILMAN GOULD, TO APPROVE ITEM (J) ON THE CONSENT AGENDA. MOTION CARRIED. Regarding Item (H) on the Consent Agenda, Councilman Kasper had a concern about standards for parking lots or portions of parking lots designed for the use of compact cars as other cars would be going through them, and Public Works Director Fred Herzberg said the aisles would not be changed. COUNCIL Councilwoman Goetz noted that at last.week's dinner meeting, at which Dr. Harold Reasby had been a guest, Councilman Nordquist had suggested the possibility of .inviting a,seni„or high school student to be a nonvoting member of the Council. This had been discussed by the Council at that meeting. Councilwoman Goetz observed that there are three high schools with Edmonds students and each school could have a -student representative for two months. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUN- CILMAN KASPER, THAT THE SCHOOL DISTRICT, THROUGH ITS SUPERINTENDENT, BE CONTACTED TO ASK THEM TO PROVIDE A NONVOTING STUDENT REPRESENTATIVE TO THE EDMONDS CITY COUNCIL, BEGINNING WITH EDMONDS HIGH SCHOOL AND CONTINUING WITH WOODWAY AND MEADOWDALE HIGH SCHOOLS, THE MANNER OF CHOOSING TO BE LEFT TO THE HIGH SCHOOLS, BUT THE STUDENT MUST BE A RESIDENT OF THE CITY OF.EDMONDS. Discussion brought the suggestion that this might be expanded to include Edmonds Community College. MOTION CARRIED. CONTINUED HEARING ON PROPOSED SPRAGUE ST. LID (Continued from September 30, 1980) City Engineer Jim Adams responded to recommendations made last week by Bill Whiteside, representing the minority property owners involved in the LID, for amendments to the proposed LID. One of the major proposed changes was to provide a 32' wide street, rather than 24'. Mr. Adams said -his division opposed this change because it would create additional pavement, causing additional runoff • and increasing.the storm drainage problems; it would require the removal of many large evergreen trees; considerable earth.removal. would be required and the cost increased by approximately 75%; and the LID would have'to be reconsti'tuted.. He said the intent was to provide a cul-de-sac with a 55' diameter, as requested, and that all underground utility requirements would be completed prior to paving the street. Also, all possible work by the subdivision would be encouraged prior to paving, and in that connection Mr. McGinness had indicated all earth from his property would be removed as soon as the grade can be established. Another request was that all.paving and curb improvements be centered on the center line of the right-of-way, and Mr. Adams said they had attempted to locate the paving as near the center as possible, but there is some shifting to avoid a large cut and to save some trees. He said they would attempt to complete all construction as soon as possible, but it would be physically and legally impossible to finish within 30 days as requested. It was requested that two properties on Sprague St.; east of 8th Ave., be included in the LID, but that would require that they reconstitute the LID, delaying the project by approximately two months.and adding approxi- mately $300 - $40O.to the City's cost. To include those two lots.would decrease the assessment of each of the other lots by approximately 14%. Councilman Kasper commented that the water for the additional two lots could be done by a latecomer charge. The public portion of the hearing was opened. George Walsh, 739 Sprague, said he had measured the street carefully and although they had asked for a 32' street, if the request were reduced to.28' none of the trees would have to be removed. He said there is a bank that'has'sloughed off and that probably willhave to be removed. He said there is a section of trees on the McGinness property, and there are some maples on City right-of-way that are•a''nuisance to,parked cars and it -was their intention.to ask the City to remove the maples as they are in various stages of decay. Regarding drainage, he said the natural contour has.the Harris home on top of the hill and their driveway going down the edge of their property carries the water down to Sprague St. He felt if the original.contour of the land.were followed, changing the slope angle, the water could be dropped into the City alleyway and carried away from Shell Creek. He added, regarding the street width, that people park along the street to use the playfield and the • traffic is reduced to one lane, and they were trying to think ahead about the safety factor, and he noted that there is -a terrible blind spot at the crest of 7th.Ave. He said.they would like to have one lane of parking, and he noted that there is a potential of eight lots which could add a lot of cars to the street. He felt a 24' street would not provide any parking.. He was asked how he felt about rolled curbs and he said they would.be all right if they were concrete, but asphalt would not hold up so it would be unacceptable. Regarding. the 30-day completion period, -he said they did not expect the City to do all its work in that period, only the preparatory work. No one else wished to speak, and the public portion of the hearing was closed. Councilman Naughten felt this situation had gone on long enough. He noted that there had,been:a lot of compromise on both sides, and that the developers would have to put in the water system. He had been surprised when this last-minute request for amendments had been received, but he thought there could be further compromise. COUNCILMAN NAUGHTEN MOVED, SECONDED BY. COUNCILWOMAN GOETZ, TO APPROVE THE SPRAGUE ST. LID AS IT WAS, BUT THAT THE ENGINEERING DIVISION GIVE -CONSIDERATION TO THE DRAINAGE SUGGESTED BY MR. WALSH; THAT THERE BE AN ATTEMPT TO.REMOVE THE BLIND SPOT GOING UP 7TH AVE.; THAT ROLLED CONCRETE CURBS BE INCLUDED; AND THAT. THE MAPLE TREES ON.THE CITY PROPERTY BE REMOVED. ' Councilman Gould felt the street width should be according to current street standards, and he read from the code that the pavement'is 32'.wide on cut -de -sac streets and 28', under special topographic conditions. Mr: Adams stated that the.City also has adopted State standards for Cities which conflict with the City code..- Councilman Kasper felt the key thing was the number of houses'on the. street, which would be approximately 17,.and he noted that the 24' street was accepted to avoid'a major cut. COUNCILMAN NAUGHTEN THEN -AMENDED HIS MOTION, ACCEPTABLE TO THE SECOND, THAT IT INCLUDE A 10-YEAR BOND AND 12-YEAR PAYBACK. Councilman Gould again expressed concern that the street standards were not being adhered to, he and also was concerned that the other two properties should be included. City Attorney Wayne Tanaka stated that those properties could be included at a later date., that 129 Is October 7, 1980 - continued there is a procedure to add them later if they benefit. He said notices would have to be sent to the property owners and if they could demonstrate that their properties did not benefit they would not be included. A ROLL CALL VOTE WAS TAKEN ON THE MOTION, WITH COUNCIL MEMBERS NAUGHTEN, GOETZ, KASPER, AND ALLEN VOTING YES, AND WITH COUNCIL MEMBERS GOULD AND.JAECH VOTING NO. THE MOTION CARRIED. COUNCILWOMAN ALLEN THEN MOVED, SECONDED BY COUNCILMAN GOULD, THAT AT WHATEVER FUTURE DATE IT IS POSSIBLE LOTS 11 AND 12 BE ADDED TO THIS ROLL. It was noted that as those lots are undeveloped they would share in the water cost. Mayor Harrison added that they would then be exempted from the $200 water hook-up fee. THE MOTION CARRIED. MEETING WITH PETITIONERS ON NOTICE OF INTENT TO ANNEX AREA.BETWEN 227TH PL. S.W. AND 228TH ST. S.W., ANV.BETWEEN'SOTHIAVE. W. AND PRESENT CITY LIMITS City Clerk Irene Varney Moran reported that the letter of intent for this proposed annexation was signed by over 65% of the assessed valuation of the area, 10% being required. It is a neighborhood of single-family dwellings on 8,400 sq. ft. lots, zoned RR.8400 by Snohomish County and comparable to City RS-8 zoning. Councilman Kasper noted that a small cul-de-sac area just north of this proposed annexation will have all of its access from the City, and he.asked why it was not included. Vernon Elder, 22701 78th Ave. W., said he was the primary person who had gone through the effort to gather signatures for this annexation, and that he had been involved in the previous Esperance annexation attempt, and the area to which Councilman Kasper referred was a holdout area. In his precinct the Esperance annexation vote had been 68 against and 13 in favor, but after talking to people in his area on an individual basis about the facts of annexation, he had convinced them of the benefits of annexation and he had obtained signatures of 85%. He said it is easier for a person who resides in a small area to approach his own neighbors and it.becomes harder as you move farther • away from your own area. He felt there was no way the County could provide the necessary services to this area, and specifically police protection. He felt other areas eventually would ask for annexation,,but it would take people in those areas to promote it as he had done in his area. Mayor Harrison recommended that the proposed annexation be accepted, and COUNCILWOMAN GOETZ MOVED, SECONDED BY COUNCILMAN GOULD, TO ACCEPT THE PROPOSED ANNEXATION, AND THAT ALL PROPERTY WITHIN THE TERRITORY HEREBY.SOUGHT TO BE ANNEXED SHALL BE ASSESSED AND TAXED AT THE SAME RATE AND ON THE SAME BASIS AS PROPERTY WITHIN THE CITY OF EDMONDS FOR ANY NOW OUTSTANDING INDEBTEDNESS OF SAID CITY, INCLUDING ASSESSMENTS OR TAXES IN PAYMENT. OF ANY BONDS ISSUED OR DEBTS CONTRACTED, PRIOR TO OR EXISTING AT THE DATE OF ANNEXATION. Councilwoman Allen noted that in the proposed Esperance annexation they would not have assumed the City's existing indebtedness, and she questioned whether it was fair to change that. It was pointed out that a mass annexation has certain economies, and there was general agree- ment that the indebtedness should be assumed which has been the normal procedure. THE MOTION CARRIED. The petitioners next will submit the necessary 75% petition. REPORT,ON-ENGINEERING FEE PROPOSALS This report had been requested by the Council on September 9, 1980 when authorization had been solicited for the Mayor to execute a proposed general agreement for engineering services between the City of Edmonds and Reid, Middleton & Associates, Inc. The Council had asked to see comparative rates from other engineering firms. Fee schedules were obtained from URS Company, Giaudrone & Strong, and Gray & Osborne (the general engineering consultant for Lynnwood), and these were presented in the report for consideration by the Council. Public Works Director Fred Herzberg discussed the fees each firm charges and stated that Reid-Middleton's construction costs.and billing rate are, comparable to others in the field, in addition to their having significant experience,and-knowledge of the City system. He said they are readily accessible and always havebeen.very responsive to the: city's needs, and he recommended that the agreement be executed with them. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN KASPER, TO AUTHORIZE THE MAYOR TO SIGN THE GENERAL AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF EDMONDS AND REID, MIDDLETON & ASSOCIATES, INC. MOTION CARRIED. PROGRESS REPORT FROM COMMITTEE REGARDING LONG-RANGE.P.LANS.FOR.PUBLIC SAFETY BUILDING Councilman Kasper, Chairman of the Public Safety Committee, said the written report provided was self-explanatory, but he noted that there seemed to be some.interest from elected people in this City as to raising the question.with the Cities of Mountlake Terrace and Lynnwood of whether they may be interested in a combined public safety facility. Councilman Gould noted that the Council had not indicated to the public why they even were considering this. He said they had talked about it at retreats•as a future need for the City, but he felt they -should spell it out for the public. Councilman Kasper stated that it is set forth somewhere.in.the minutes and in the retreat minutes, and that hi•s committee had followed the specific guidelines set for them as a task force. Council- woman Allen observed that the City already is doing a great.deal of.cooperating with the other two cities and that is working, and.if another step could include public safety activities there could be savings to all of the cities. It was also observed that removal of political boundaries could improve the efficiencies of-interlocal agreements. Councilman Gould, however, noted that this is a volatile issue and he said'the Council needs to know what.the people feel, as they seem to hold dear what they -pay to their cities for police and fire protection. It was suggested that a survey could be made through the new newsletter to find out first how the people of Edmonds feel. It was also suggested that this be discussed with the City Councils of the other two cities to let them know the question.has arisen and to ask -what their reaction woul'd be.. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT THE MAYOR BE REQUESTED -TO CONTACT THE OTHER TWO MAYORS AND DI-SCUSS THIS SUBJECT AND THEN TO.GIVF THE COUNCIL SOME FEEDBACK. MOTION CARRIED. Police Chief.Marlo Foster commented that the only joint facility he has been aware of in recent years was one of Cowlitz County, Kelso, and Longview, and for some reason Kelso did not move into it. Councilwoman Jaech suggested that there be an article in the next newsletter indicating.the Mayors of the three cities will try to meet to discuss the feasibility of this suggestion. Mayor Harrison said he would contact the other Mayors first. A short recess was announced. October.7, 1980 - continued COUNCIL DISCUSSION.OF PROPOSED NOISE ORDINANCE. (Public hearing to be October 21, 1980) Police Chief-- arlo Foster reported that. Planning Division Manager Mary Lou Block and'he had met with the Noise Control Administrator and Deputy Police Chief from the City of Everett to discuss the proposed Edmonds noise ordinance and several suggestions were received which he enumerated in his written report. A copy of the proposed ordinance also*was given to the Noise Control Administrator for the Department of Ecology, but his recommendations had not yet been received. Copies of the Mountlake Terrace and Lynnwood noise ordinances were provided. Councilman Gould cautioned that no extra personnel should be expected to handle noise problems, noting that reference was made to a Noise Control Administrator. Chief Foster responded that in Everett their Safety Officer serves as Noise Control Administrator and devotes 10-20% of his time to it. The report was accepted. REVIEW OF AND AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL COOPERATIVE AGREEMENT FOR PUGET SOUND REGIONAL ARTS AND CONVENTION COMPLEX Planning Division Manager Mary Lou Block noted that the City Attorney found significant problems with the wording of the agreement, particularly with regard to sections that commit the City to certain actions in respect to Phase II. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILWOMAN-GOETZ, THAT THE MAYOR BE AUTHORIZED TO SIGN THE INTERLOCAL COOPERATIVE AGREEMENT WHEN THE CITY ATTORNEY'S CONCERNS HAVE BEEN RESOLVED, AND DELETING THE SECTION ON PHASE II. The Council was in agreement that Phase II,should not be included at all and they noted that the.presentation they received was only for Phase I,.and Phase I was acceptable and that was all to which they were willing to commit. THE MOTION CARRIED. DISCUSSION ON -PROPOSED COMMUNITY IMPACT ORDINANCE City Attorney -Wayne Tanaka stated that there currently is some.litigation in King County regarding a • similar ordinance to that drafted. He felt they had drafted as good an ordinance as they.could, but there was the chance that it may be declared unconstitutional. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO ADOPT ORDINANCE 2167, REQUIRING CERTAIN BUSINESSES TO PREPARE A COMMUNITY IMPACT STATEMENT,. Councilman Kasper suggested it should be held over until Councilman Nordquist is present because he had a special interest in it. Councilwoman.Allen was not sure such an ordinance was needed, feeling it may have an adverse effect on existing bus.inesses or new ones coming into the City. City Clerk Irene Varney Moran responded that the only time a.community•impact statement would be required would be in the case of a.suspicious business, and Councilwoman Allen felt that would be arbitrary and capricious. Mr. Tanaka said businesses could be exempted if they had minimal adverse impacts on the community, but all would be subject to it. He also noted that businesses licensed by the State, such as those having liquor licenses, would be exempt. THE MOTION CARRIED, WITH COUNCIL- WOMAN ALLEN VOTING NO, AND WITH COUNCILMAN GOULD ABSTAINING. Councilman. Gould said he was in favor of the concept.but he had not received a draft of the ordinance in his packet and he felt he should not vote on something.he had not actually read. There was no further business to come before.the Council, and the meeting adjourned to Executive Session at 10:25 p.m. IRENE VARNEY MORAN, Ci Clerk HARVE H. HARRISON, Mayor October 14, 1980 - Work Meeting 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 ABSENT STAFF PRESENT Harve Harrison, Mayor Bill Kasper Charles Dibble, M.A.A. Jo -Anne Jaech Jim Adams, Acting Public Works Director Katherine Allen Irene Varney Moran, City Clerk John Nordquist Mary Lou Block, Planning Division Manager Ray Gould Art Housler, Finance Director Larry Naughten Jack Weinz, Fire Chief Mary Goetz Dan Prinz, Assistant -Police Chief Duane Bowman, Associate Planner Jim Jessel, Parks & Recreation Director Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA Item (F) was..removed from the Consent..Agenda. COUNCILMAN COULD -MOVED,. SECONDED BY COU"NCILWOMAPJ GOETZ, TO*APPROVEATHEkBALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the following: (A) Roll call. (B) Approval of Minutes of October 7, 1980. •