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19820216 City Council MinutesFebruary 16, 1982 • The regular meeting of Harrison in the Council salute. PRESENT Harve Harrison, Mayor Katherine Allen Bill Kasper Ray Gould Laura Hall John Nordquist the Edmonds.City Council was called to order at 7:35 p.m. by Mayor Harve Chambers of the Edmonds Civic Center. All present joined in the flag ABSENT STAFF PRESENT Larry Naughten Jack Mitchell, Public Works Superintendent Jo -Anne Jaech Jim Adams, City Engineer Bill Nims; Engineering Coordinator Mary Lou Block, Planning Director Irene Varney Moran, City Clerk Marlo Foster, Police Chief Jack Weinz, Fire Chief Art Housler, Finance Director Jim Jessel, Parks and Recreation Director Mark Eames, City Attorney Teresa Quigley, Recording Secretary Councilmembers Naughten and Jaech had notified the Council that they would be absent this evening. CONSENT AGENDA Items (D), (E), and (H) were removed from the Consent Agenda. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER HALL, 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 February 9, 1982. (C) Set date.of March 2, 1982 for hearing on Hearing Examiner recommendation to approve access easement to Wanda Moore across north boundary of Pine Ridge Park (Moore/ST-11-81). (F) Adoption of Ordinance 2274, adopting the 1980 to 1985 Parks and Recreation Comprehensive Plan. (G) Authorization for Mayor to execute amendment to the Cooperative Interlocal Agreement for HUD Block Grants. (I) Passage of Resolution 519 regarding MFOA Conference in 1989. REPORT ON BIDS OPENED JANUARY 21, 1982 FOR LIBRARY SHELVING r_It_e­m­TDT on Consent Agenda Councilmember Hall advised that as the library shelving came in under bid, it was suggested by Don Schroeder that the excess monies could be used to buy additional shelving that will be needed, and that perhaps it would be less expensive to purchase the additional shelving along with the 108 units let out for bid. COUNCILMEMBER HALL THEN MOVED THAT DISCUSSION ON ADDITIONAL LIBRARY SHELVING BE PLACED ON THIS EVENING'S AGENDA AS ITEM 11, WITH DISCUSSION REGARDING HB 1014 BEING MOVED TO ITEM 12. Councilmember Gould questioned whether the bids were established to purchase a set amount of shelving or to purchase as much shelving as $30,000 would buy. Councilmember Allen stated that all of the reports that the Council has been given show a need for 108, units of shelving; therefore, that was the amount let for bid. COUNCILMEMBER GOULD SECONDED THE MOTION FOR DISCUSSION. Councilmember Kasper suggested that this item be placed on the March 9, 1982 City Council agenda following"further study of the library needs. He observed that the Council is dealing with a committee that may not understand the City's bid procedures and may mistakenly have thought that they could spend the full amount of $30,000 on shelving, whereas in actuality, $30,000 was the limit set to purchase 108 units. THE MOTION THEN CARRIED, WITH COUNCILMEMBER ALLEN VOTING NO. COUNCILMEMBER ALLEN THEN MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE THE BIDS FOR THE 108 UNITS OF LIBRARY SHELVING AS REPORTED, AWARDING THE BID TO INTERIOR SPACE DESIGN IN THE AMOUNT OF $21,708.80.(INCLUDES WASHINGTON STATE SALES TAX). MOTION CARRIED. REPORT ON BIDS OPENED FEBRUARY 9, 1982 FOR PURCHASE OF WATER METERS FOR 1982 [Item (E) on Consent Agenda Councilmember.Kasper questioned the bid procedure for purchase of water meters. Public Works Superintendent Jack Mitchell explained that approximately five years ago the Council authorized a meter replacement program, and each year money is budgeted for the purchase of 500 meters. He noted that they are attempting to standardize the kind of meters purchased, and that approxi- mately $6,000 was saved this year by changing from bronze to plastic chambers. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE BIDS AS REPORTED, AND AWARD THIS BID TO WESTERN UTILITIES SUPPLY COMPANY IN THE AMOUNT OF $21,885.42 (INCLUDES WASHINGTON STATE SALES TAX). MOTION CARRIED. AUTHORIZATION FOR MAYOR TO EXECUTE WATER PURVEYOR CONTRACT.WITH CITY OF SEATTLE Item H on Consent Agenda Councilmember Allen questioned why the Version A contract was chosen over Version B. Public Works Superintendent Jack Mitchell. explained that Version B was drafted by the eastside purveyors and is more complicated and would be more expensive to support. He advised that the City I.i 1 1 C� 1 1 February 16, 1982 - continued Attorney and City Engineer had reviewed this contract without negative comments. Councilmeriiber Gould asked if Edmonds' water rates could increase due to possible future capital projects such as a water filtration.plant. He aslso asked if the City could withdraw from the 30-year contract. Jack Mitchell advised that the City would have to pay a proportionate share of any improvement that would reflect on Edmonds' water supply; however-, that he did not foresee any immediate major water improvements. He stated that the City could withdraw from this contract with five years' notice to the City -of Seattle. Councilmembers noted that this contract along with the City''s contract with Alderwood Water District would.,provide the necessary supply of water at all times. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER KASPER, THAT THE MAYOR BE AUTHORIZED TO EXECUTE THE WATER PURVEYOR CONTRACT WITH THE CITY OF SEATTLE. MOTION CARRIED. AUDIENCE Bill Crow,-338 3rd Ave. S., spoke regarding Edmonds'.water/sewer rates. He indicated that he felt the rates for single family residences versus apartment/condominium dwellings were inequitable. He stated that the low income people are paying higher rates than the higher income, even though they receive a 50% discount. He advised that.he would be using various methods to educate the citizens on this situation. REPORT FROM COMMUNITY TRANSIT ON BUS ROUTES IN DOWNTOWN EDMONDS Mayor Harrison moved this item up on the agenda in order to accommodate out-of=town guests. The Council had requested several months ago that a representative from Community Transit be invited to a Council meeting in order to explain the new bus route. City Engineer Jim Adams introduced Roy Sorensen, Supervisor of Transit Services.of Community Transit. Mr. Sorensen understood that the main question people had was why the.route had been changed from Main St. • to Dayton St. He explained that Jim Adams had telephoned him several months ago saying he had * talked.to.the Mayor and that they would like to have the buses off of Main St. as they were causing a traffic jam. He stated that over a period of several months he had been working with Jim Adams on this, and as of.January 31 of this year the route was changed. Mayor Harrison asked if the Daytona°St::• route°`.was workthg:.out: any�.:better. `Mr.::?Sorensen stated that they .presently have a storage problem as there are fewer places for buses to lay over; however, they are working with Metro to'arrange for more space. He stated that temporarily when the Senior Citizen Center parking spaces are full they have an .agreement with the Ferry System to use their holding lanes for layover points. Dut to the traffic -situation at that site, buses are sometimes delayed in the.ir'schedules. Councilmember.Allen expressed concern over this situation. Mayor Harrison asked whether Community Transit had received.any complaints about the Main St. bus route other than from the City, and Mr. Sorensen responded in the negative. Councilmember Hall suggested using smaller. buses. Councilmember Nordquist.relayed concern expressed by Old Milltown merchants over the buses using up to three parking spaces on Fifth and Dayton for stops.and also the parking on the northwest corner. They -have suggested that the buses stop across the street in the space next to the ARCO service station. Mr. Sorensen stated that they have received this complaint, and that he and Engineering Coordinator Bill Nims will be working on this problem. He indicated that there would be no objection to that move. Councilmember . Nordquist asked whether the Chamber of Commerce had been advised of the change in bus schedules. Mr. Sorensen stated that they had not, but that in the future they would be happy to inform them of any changes. Councilmember Kasper asked Mr., Sorensen if he had any advance notice of the mass transit site at 205th and Meridian. Mr. Sorensen said that concerns Seattle Metro, and they have received notices regarding hearings. HEARING ON PROPOSED ANNEXATION OF AREA EAST OF 76TH AVE. W., NORTH OF OLYMPIC VIEW DR. City Engineer Jim Adams stated that this is the second hearing required on this proposed annexation. He said that.on December 1, 1981 the City Council had met with the initiating parties. At that time,.the Council agreed to accept the proposed annexation, to adopt simultaneously zoning regulations, and to require annexed properties to assume bonded indebtedness. Slides of the site.were shown. Mr. Adams reported that the Planning Advisory Board had conducted a public hearing on the proposed zoning on September 23, 1981 and recommended zoning the property to RS- 12 and BN. Also, that the Snohomish County Boundary Review Board had waived review. Mr. Adams stated that it is now being recommended that the proposed ordinance be adopted, annexing this area into the City. The hearing was opened, no one wished to speak, and the hearing was closed. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO ADOPT ORDINANCE 2275, ANNEXING THE SUBJECT PROPERTY TO THE CITY.OF EDMONDS AND DESIGNATING THE ZONING OF THAT PROPERTY AS RS- 12 ON ALL LOTS EXCEPT A PORTION OF'LOT 7 WHICH IS TO BE ZONED.BN, BASED UPON THE FINDINGS OF FACT OF THE PLANNING ADVISORY BOARD AND IN ORDER TO BE CONSISTENT WITH THE COUNTY'S ZONING. MOTION CARRIED. HEARING ON AMUSEMENT GAMES TAX. (ORDINANCE 2253) City Clerk Irene Varney Moran stated that at the January 19, 1982 Council meeting John Clark of the Washington State Licensed Beverage Association, representing Edmonds business people who have video games in their establishments, spoke in opposition to the amusement game ordinance which changed the City's fees on video games from $25 annually per game to $40 per month, or $480 annually per game. A request was made for reconsideration of the ordinance on the basis that video games in some:Edmonds establishments did not make enough from these amusement devices to pay that large a fee. As a result, the Council set.a hearing this evening to review the video game license fee. Given to the Council for review were a summary of fees charged in surrounding cities along with their appropriate ordinances, Edmonds' amusement game ordinance, names of those businesses having amusement devices, and a determination by the Finance Department of the 1982 budgeted revenue from video games. Ms. Moran adivsed that at the present time Edmonds has approximately 69 video games; however, as.the machines are moved around frequently, it is a constantly changing situation. Ms. Moran suggested that the Council consider charging 10% on the gross receipts -from these video machines, as she felt that would be a more equitable • *See amendment - February 23, 1982 .391 February 16, 1982 - co.ntinued i method than the present one. She also recommended that this change in fees be made retroactive to January. 1, 1982, as some companies have paid their fees: ands -.others: ,have -not..+:Councilmember Allen questioned how difficult it would be to monitor the gross receipts of each business. Ms. Moran stated that there is a form supplied by each distributor to each establishment that shows the establishment's portion of the gross receipts, and that a copy -of this would be sufficient to compute the license fee. Mayor Harrison referred to a report given to the Council by John Clark, showing the monthly average gross receipts from video game amusement devices located in Edmonds' taverns. He asked Ms. Moran if there were amusement devices located in other estab- lishments and if so, whether the City had any information on.what their gross receipts average. Ms.- Moran'said there are amusement devices in other businesses; however, she did not have information on`their receipts. Ms. Moran stated that only two distributors had paid the 1982 license fees. The hearing was opened. John Clark of the Washington State Licensed Beverage Association spoke in favor of a reduced license fee for video games. He represented the five tavern owners in Edmonds. Mr. Clark referred to the report he had compiled on tavern receipts from video games. He stated that in most cases the tavern owner.does not own the machines and splits the receipts with the distributor, normally on a 50/50 basis. He stated that video games are not the prime source of revenue for the average tavern operator, and that a $40 per month per machine fee leaves very little profit for either the operator or the distributor. Mr. Clark indicated that the current license fee would make it prohibitive for distributors to do business with Edmonds' tavern owners, and removal.of the machines would mean less income for the tavern owners. He indicated that he did not like the idea of payment according to gross receipts due to the paperwork that would be involved and, rather, he suggested a.flat annual fee of $4.0 per machine. He said that the tavern owners were willing to set up a committee to work with the Council in establishing a fair fee. Mr. Clark then introduced Harvey Hillin, 200 James St., of Canteen Services, Inc. Mr. Hillin, • as along -time resident, expressed appreciation of the City of Edmonds. He stated that Canteen Service was one of the few companies that paid the 1982 license fee, but that it could not continue paying this amount. He said that other cities in which they operate do not charge such a high fee and that the video games will not support the license fee. He indicated that other distributors had already removed their machines from Edmonds' businesses. His feelings were that charging according to gross receipts would invite dishonest bookkeeping. Mr. Hillin asked at a later t.i.me for an explanation of the consequences of moving video machines from one establish- ment to another. It was his understanding that an additional fee would be charged each time. He said that the machines must be moved, as individuals learn -how to play the machine without putting in additional money. Mayor Harrison stated that the City's main concern was how many machines each distributor had, notwhere they are located, and that he understood there to be no extra fee for.moving a machine. Councilmember Nordquist asked Mr. Hillin if he had machines in Mountlake Terrace and, if so, if he felt comfortable with their fees. Mr. Hillin said that they do have machines in Mountlake Terrace.and that he was not comfortable with their fees, but he could work with them. Councilmember Hall asked Mr. Hillin what he considered an amusement center to be, and he said an establishment with ten or more machines. Mr. Clark came back to the podium to express concern that Edmonds was being compared with.larger cities such as Seattle. He stated that it was an unfair comparison as Seattle machines have high volume. He stated that it was his personal opinion that because there are no personal services required by the City to service the amusement devices that they should not be entitled to revenue from any of them. He stated that Bremerton's fees are being reduced and that he felt Seattle's would also be lowered. Councilmember Nordquist noted that he personally was asking about Mountlake Terrace, not Seattle. Mr. Clark indicated that he liked the method Mountlake Terrace used to establish their fees. Eric Andersen, 4012 N.E. 73rd, Seattle, owner of 5 Corners Deli -Market, stated that he has 20 machines in his store, all owned by.Canteen Services, so from the sound of it, if there were no changes in the fees, he probably would not have to worry.about it, because he would no longer have any machines. He felt most businesses would keep only one or two machines at the most, if i any were available. He indicated that it is very uncertain how long video games would sustain interest; that in his business you have to be flexible and if you are not making money on an item, you change to something else. He also stressed that the small businesses in Edmonds should not be compared with arcades such as in the Alderwood Mall and downtown Seattle. Darrell Storkson, 701 Stitch Rd., Lake Stevens, owner of S VS Amusement Company, stated that he operates in Lynnwood, Mountlake Terrace, and King County. He said he can live with Lynnwood's fees but cannot afford to operate with Edmonds' fees. He indicated that he would like the Council to consider fees such as Lynnwood has. The hearing was closed. Councilmember Gould stated that he had made a mistake voting for the $40 per month per video machine, due to incomplete and inaccurate information and .the fact that the Council was trying to balance the budget and needed more revenue. He suggested setting a flat fee of $8 1/3 per machine per month or $100 per machine per year. He felt that this fee could be shared by the distributor and the operator. In response to a question, he stated that there would be no other fees such as amusement center, master license, or operator fee. He noted that according to the information distributed by John Clark that each operator is grossing an average of approximately $50 per month per machine. Councilmember Nordquist expressed concern that video games were a fad and would not be around very long. He compared Councilmember Gould's suggestion with Lynnwood's fees and indicated that he preferred Lynnwood's as they were not quite as high. Councilmember Kasper stated that he did not want to encourage distributors to pull their machines out of the businesses and amalgamate them in an arcade. Councilmember Gould agreed, stating that amusement centers are a concern of many parents, as their children spend all of their money in them. He felt that a flat fee would control this type of situation. Councilmember Kasper indicated that arcades should have a surcharge, and Councilmember Hall agreed that they should make it more enticing to keep the machines dispersed in businesses. ON 0 39.3- • February 16, 1982 - continued THE BASIS OF DISCUSSION, COUNCILMEMBER HALL MOVED,.SECONDED BY COUNCILMEMBER NORDQUIST, THAT EDMONDS ADOPT THE SCHEDULE THAT MOUNTLAKE TERRACE IS PRESENTLY USING FOR VIDEO GAME LICENSES, TO INCLUDE A $250 DISTRIBUTOR'S LICENSE FEE, $150 PER YEAR FOR ARCADES OF 6 TO 10 MACHINES, $300 PER YEAR FOR ARCADES OF 11 TO 15 MACHINES, $500 PER -YEAR FOR ARCADES OF 16 OR MORE MACHINES, PLUS $50 PER YEAR PER MACHINE Councilmember Gould stated that he could not support that motion, as it would tend to cause amusement centers to proliferate in the City and he felt they have no redeeming value. It was noted that the topic of discussion was video games only, that other gamesand machines such as pool tables and pinball machines are licensed at $25 per year per game.. City Clerk Irene Varney Moran explained that pull tabs are covered under a different ordinance. COUNCILMEMBER NORDQUIST WITHDREW HIS PREVIOUS SECOND. MOTION FAILED FOR LACK OF A SECOND. Councilmember Kasper stated that he would like to give this to the Finance Committee to study and offer a recommendation to the Council. He indicated that he would like to see a comparison of the revenue that would be received using the $100 per game per year fee with Mountlake Terrace's fee schedule. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER ALLEN, THAT THE CITY MODIFY THAT PORTION OF THE CURRENT AMUSEMENT GAMES ORDINANCE THAT PERTAINS TO VIDEO GAMES FROM $40 PER MONTH PER MACHINE TO $8.50 PER MONTH PER MACHINE OR $100 PER YEAR PER MACHINE. Councilmember Kasper felt that the ordinance should include a clause regarding arcades. Both Councilmember Allen and Mayor.Harrison stated that they felt the $100 per year fee would be high enough to discourage arcades. Councilmember Allen said that if arcades did come about, they could recon- sider the fees. A ROLL CALL VOTE WAS TAKEN, WITH COUNCILMEMBERS ALLEN AND GOULD VOTING YES; AND WITH COUNCILMEMBERS KASPER, HALL, AND NORDQUIST VOTING NO. MOTION FAILED. A recess was announced. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER ALLEN, THAT THE CITY MODIFY THAT PORTION OF THE CURRENT AMUSEMENT GAMES ORDINANCE THAT PERTAINS TO VIDEO GAMES FROM $40 PER MONTH PER MACHINE TO A $250 DISTRIBUTOR'S LICENSE FEE, PLUS A CHARGE OF $50 PER MACHINE PER YEAR. A ROLL CALL VOTE WAS TAKEN, WITH COUNCILMEMBERS ALLEN AND NORDQUIST VOTING YES, AND WITH COUNCILMEMBERS KASPER, GOULD, AND HALL VOTING NO. MOTION FAILED. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER ALLEN, THAT THE ORDINANCE BE AMENDED TO READ $350 DISTRIBUTOR'S LICENSE FEE, PLUS $60 PER MACHINE PER YEAR. Councilmember Kasper stated that he felt that the previous motion's fees were too low. In response to Councilmember Nord- quist's question, the City. Clerk stated that there were approximately nine video game distributors operating in the City of Edmonds. MOTION FAILED, WITH COUNCILMEMBERS ALLEN, GOULD, HALL, AND NORDQUIST VOTING NO. COUNCILMEMBER HALL MOVED TO AMEND THE ORDINANCE ON VIDEO GAMES TO A $250 DISTRIBUTOR'S LICENSE FEE, PLUS $150.PER YEAR FOR 1 TO 10 MACHINES, $300 PER YEAR FOR ll OR MORE MACHINES, AND $50 PER YEAR PER MACHINE. MOTION FAILED FOR LACK OF A SECOND. COUNCILMEMBER GOULD�MOVED, SECONDED BY COUNCILMEMBER ALLEN, THAT THIS ITEM BE PLACED ON THE MARCH 2 COUNCIL AGENDA. COUNCILMEMBER ALLEN WITHDREW HER SECOND. MOTION FAILED FOR LACK OF A SECOND. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO AMEND THE VIDEO GAMES FEES TO $300 PER YEAR DISTRIBUTOR'S LICENSE FEE, PLUS $50 PER YEAR PER MACHINE. A ROLL CALL VOTE WAS TAKEN, WITH COUNCILMEMBERS'ALLEN, HALL, AND NORDQUIST VOTING YES, AND WITH COUNCILMEMBERS GOULD AND KASPER VOTING NO. MOTION CARRIED. COUNCILMEMBER HALL THEN AMENDED HER MOTION, SECONDED BY COUNCILMEMBER GOULD, TO INCLUDE THAT THIS CHANGE IN VIDEO GAMES FEES WILL BE RETROACTIVE TO JANUARY 1, 1982. MOTION CARRIED. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, THAT ITEM 7 BE ADDRESSED AS THE NEXT ITEM ON THE AGENDA. MOTION CARRIED. • REPORT FROM HEARING EXAMINER AND REVIEW OF HEARING EXAMINER CONTRACT James Driscoll, the Hearing Examiner, discussed the system in effect since mid-1981, referring to a report provided.earlier to the Council. He went over the various types of hearings that he has held, the majority of which have involved conditional use .permits or variances. He said that an average of three to four hearings are held every other Thursday. Mr. Driscoll stated that as a result of the Council approving his recommendation and changing the ordinances allowing administrative handling of conditional use permits for home day care for six or less children, for bus shelters, and for the height of fences, many hours have been saved by both the Planning Department and his office. Mr. Driscoll stated that the only concern he has is with Section 20.'100.010 G of the Community Development Code. This section currently allows the Hearing Examiner to reopen a hearing only upon approval of the applicant. He stated that this has caused some problems, and recommended that this section be amended by eliminating the clause "With approval of the applicant" and substituting the words "Upon a motion of the applicant or a party to the hearing; the Hearing Examiner may reopen the hearing." He felt this would provide for a more thorough and fair method of hearing.. Mr. Driscoll explained that parties to the hearing meant parties of record and he noted that occasionally there is a need for a hearing examiner pro tem. He stated that the Code now allows the Mayor to appoint the Hearing Examiner Pro tem, and that he had been satisfied with the pro tem appointed in his place; however, that he believes the process would run more smoothly if there were a permanent pro tem or if he had approval to have a pro tem come in whenever he cannot sit on a hearing. He stated that this need may come up more often -in the future. Mr. Driscoll praised the City Planning and Engineering staffs for their performances in these hearings. He stated that at the request': of the Council he is including additional findings for any testimonies that the public makes in his hearings. He stated that the hearing process is going smoothly, that he has enjoyed the past year, and that he -desires to continue as the -Hearing Examiner. He advised that his proposed three-year contract is the same as the previous year's, except that he has left open his compensation for the years after February 1, 1983. Compensation for the first year of the contract will remain at $25 per hour for a maximum of 50 hours per calendar month. Mayor Harrison stated that he was 0 94 February 16, 1982 - continued • well. satisfied with Mr. Driscoll.and would recommend that his proposal for a new contract be approved by the Council. Councilmember Hall questioned..whether.use.of.his own secretarial services has worked out satisfactorily. Mr. Driscoll stated that he was satisfied. Council - member Kasper asked if Mr. Driscoll would be interested in the City's providing him with secretarial services, and he responded that he would be interested but felt that with the present volume of work it is less expensive to use his own secretary. He stated that the big advantage would be elimination of the Planning Department's present services as a conduit to the Council and to the public. Planning Director Mary.Lou Block strongly recommended that the City continue to use Mr. Driscoll's secretarial services as it is more cost effective. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE PROPOSED PERSONAL SERVICES CONTRACT WITH JAMES DRISCOLL. MOTION CARRIED. IT WAS THEN MOVED BY COUNCILMEMBER GOULD, SECONDED BY COUNCILMEMBER ALLEN, THAT SECTION 20..100.010 G OF THE COMMUNITY DEVELOPMENT CODE BE REFERRED TO THE PLANNING ADVISORY BOARD FOR MODIFICATIONS CONCERNING THAT PORTION THAT'WILL ALLOW THE HEARING EXAMINER TO RECONSIDER ACTION BASED UPON ADDITIONAL EVIDENCE AS PRESENTED BY ONE OF THE PARTIES. MOTION CARRIED, WITH COUNCILMEMBER KASPER ABSTAINING. He explained that he.may have a plat this year. It was noted that Mr. Driscoll does not accrue additional employee benefits under this contract. HEARING ON REVISED 6-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 1982-1988 Engineering Coordinator Bill Nims gave a report on the transportation program while showing slides of the projects planned. He stated that the Public Works Committee has reviewed the plan and that the Staff recommends approval. The hearing was opened, no one wished to speak, and the 'hearing was closed. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER KASPER, TO PASS RESOLUTION 520, ADOPTING THE TRANSPORTATION IMPROVEMENT PROGRAM FOR 1982-1988. MOTION CARRIED. APPROVAL OF CABARET DANCE LICENSE FOR THE CRAZY LOBSTER RESTAURANT As Councilmembers Kasper and Nordquist have family members employed by Pantley's, the Council did not have a quorum to vote on this item. THEREFORE, COUNCILMEMBER ALLEN MOVED, SECONDED BY COUN- CILMEMBER KASPER, THAT THIS ITEM,BE CONTINUED TO THE FEBRUARY 23 COUNCIL MEETING. MOTION CARRIED. REVIEW SECTION 17.40..030 OF COMMUNITY. DEVELOPMENT CODE Planning Director Mary Lou Block reviewed the request of Michele McFadden, an attorney representing a joint owner.of four lots in the Plat of Meadowdale Beach, for a change in the Community Develop- ment Code regarding nonconforming lots and the requirement that they be combined to make legal lots. Ms. Block stated that the reasons for requirement of an owner of a series of nonconforming lots to resubdivide to aggregate the lots into a conforming configuration are: (1) To provide a method to control the aggregation of nonconforming lots so as to avoid the sale of a nonlegal lot to an innocent purchaser; and (2) To provide a method of insuring proper dedication of roads and installa- tion of needed public improvements. She recommended.approval of this change in the Code with a recommendation that a clause be incorporated requiring the filing of a covenant with the Snohomish County Auditor describing the aggregated lots in order to protect a prospective buyer. She advised that this covenant would include a provision to insure completion of the required improvements with the issuance of a building.permit or an.agreement to support an LID for water, sewer, and street improvements. Any required dedication would also be recorded at this time. She stated that use of this method would reduce the paperwork, delay, and expense associated with a subdivision and that the City Attorney's Office felt it was reasonable. Ms. McFadden spoke in favor of this change in the Code. Mayor Harrison recommended.that the Council approve the adoption of this procedure. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER KASPER, THAT THE CITY ATTORNEY BE DIRECTED TO PREPARE AN ORDINANCE TO AMEND SECTION 17.40.030 OF THE COMMUNITY DEVELOPMENT CODE AS PROPOSED, INCLUDING ADOPTION OF THE RECOMMENDATIONS OF THE PLANNING'DEPARTMENT. MOTION CARRIED. DISCUSSION ON ADDITIONAL LIBRARY SHELVING Councilmember Nordquist advised that it was his understanding through conversations with Sno-Isle Regional Library that they were comfortable opening the library with the amount of shelving that was let for bid. Edmonds Librarian Kathy Turner advised the Council that many changes had taken place since the original budgeting for shelving, and that there still were some improvements that could be made in order to maximize the size of the book collection. She stated that Mae Schoenrock had made the commitment that Sno-Isle would provide 75% of each section of the collection within six months from the library opening, and then they will continue to grow thereafter. Councilmember Gould understood that the City's commitment was to see that the library is adequately shelved. He stated that it appeared that someone estimated the amount of shelving that could be purchased with $30,000 rather than what the total need was, and Ms. Turner agreed. She stated that before there was a floor plan the $30,000 was estimated based upon doubling the amount of shelving that the present library has. Councilmembers Gould and Kasper stated that they had never received a commitment in writing from Sno-Isle as to what was going to be done with the space. Ms. Turner stated that if they wished she would see that they received one. They asked that an explanation on the timing of the additional 25% be included. Councilmembers agreed that Mae Schoenrock should attend the March 9 Council meeting.in order to explain Sno-Isle's position, and they requested that they receive a written commitment from her by March 4 to study before the meeting. Ms. Turner stated that she would advise Ms. Schoenrock of the Council's request. Councilmember Nordquist questioned what would happen if the furniture bid, for which $60,000 has been budgeted, came in at a lesser amount. It was agreed that a list should be provided to the Council of the furniture that Sno-Isle feels is required before going to bid, and that this list should be signed by Kathy Turner, Jim Jessel, and Don Schroeder,Chairman of the Library.Fundraising Committee. DISCUSSION REGARDING HB 1014 Councilmember Kasper reported on House Bill 1014 relating to revenue and tax substitution. He informed the Council that this bill has been refiled. 1 • 1 • February 16, 1982 - continued COUNCIL JU I. LJ n U 1 1 Councilmember Nordquist referred.to a letter, a copy of which the Council had :received, addressed to the.Snohomish Health District from Deborah Whittal, 16019 N. Meadowdale Rd., concerning an adjacent property owner who will not,cooperate in detection of the source of sewage seepage on Meadowdale Rd. He requested that the City Attorney contact the Health District's attorney to see if together they could find the source of this septic leak. Councilmember Gould reported for the public record that he had talked to Shirley Thompson, 9319 217th St. S.W., and related concerns that she had expressed. Councilmember Kasper referred to a letter from Mr. White, requesting attendance of a City repre- sentative at the meetings of the South County Chamber United Government Community Issues Committee. Councilmember Kasper stated that he had received a letter from Senator Gould regarding House Bill 4603. Councilmember Kasper stated that.he had asked City Engineer Jim Adams if it would be more feasible to use gas heating in the new library, and Mr. Adams had responded that the library was too far into completion to change the heating system now. Councilmember Kasper again expressed concern over the mass transit hearings on 205th and Meridian. Councilmember Nordquist advised him that a representa- tive from Mass Transit is available to give a presentation on the project. Councilmember Allen stated that she had attended a special dinner for Rosalynn Sumners where Ms. Sumners received well deserved recognition. There was no further business.to come before the Council, and the meeting adjourned at 11:35 p.m. ,IRENE VARNEY MORAN, C' Clerk February 23, 1982 - Work Meeting 0 HARVE H. HARRISON, Mayor The regular meeting of the Edmonds City Council was called to order at 7:30 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 Bi 11• .Kasper Katherine Allen Jo -Anne Jaech Ray Gould Laura Hall John Nordquist Larry Naughten CONSENT.AGENDA STAFF PRESENT Jack Mitchell, Public Works Superintendent Jim Adams, City Engineer Irene Varney Moran, City Clerk Mary Lou Block, Planning Director Marlo Foster, Police Chief Jack Weinz, Fire Chief Art Housler, Finance Director Jim Jessel, Parks & Recreation Director Felix deMello, Building & Grounds Foreman Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk Items (B), (E), and (G) were removed from the Consent Agenda. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the following: (A) Roll call. (C) Acknowledgment of receipt of Claim for Damages from David Lawton Bryce in the amount of $1,032.20. (D) Authorization for Mayor to issue "Notice to Proceed" to Reid, Middleton & Associates for preparation of final plans and specifications for Meadowdale storm sewer improvements. (F.) Authorization for Mayor to execute contract with Nancy Dilworth for landscape design services. APPROVAL OF MI14UTES OF FEBRUARY 16, 1982 [Item (B) on Consent Agenda] Councilmember Allen referred to the item, "Report from Community Transit on Bus Routes in Downtown Edmonds," the sentence beginning on 'the sixth line of that item, which states "He (Roy Sorensen) explained that Jim Adams had phoned him several months ago saying that he had talked to the Mayor and that they would like to have the buses off of Main Street as they were causing a traffic jam." She asked for clarification as to who wanted the buses: off of Main St., finding the word "they" ambiguous. This was clarified to indicate the City and Community Transit, and Councilmember Allen