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01/18/1985 City CouncilTHESE MINUTES SUBJECT TO JANUARY 22 APPROVAL EDMONDS CITY COUNCIL MINUTES January 18, 1985 The reg.ular.meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag salute. PRESENT Larry Nauahten, Mayor John Nordquist Steve Dwyer Laura Hall Jo -Anne Jaech Bill Kasper Lloyd Ostrom Jack Wilson Doug Reuble, Student Rep. CONSENT AGENDA STAFF PRESENT Jim Adams, City Engineer Steve Simpson, Parks & Recreation Director Bobby Mills, Acting Public Works Superintendent Jack Weinz, Fire Chief Art Housler, Administrative Services Director Dan Prinz, Police Chief Pat LeMay, Personnel Director Mary Lou Block, Planning Director Peter Hahn, Community Services Director Jackie Parrett, City Clerk Scott Snyder, City Attorney Shirlie Witzel, Recorder Items (B), (E), and (G) were removed from the Consent Agenda for discussion. COUNCILMEMBER NOROQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, 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 Claims for Damages from Kenneth A. Schlosser ($219.91) and George Herr ($537.38). (D) Adoption of Ordinance 2476 vacating portion of 104th Ave. W., South of 228th St. S.W. (ST-3-84) (F) Authorization for Mayor to sign Hearing Examiner Contract. (H) Report on bids opened December 2.0, 1984 for 1985 diesel fuel requirements and award to low bidder, Davis Industries ($38,350). (I) Acceptance of Quit Claim Deed from Oskar and Ellinor Allestad for street right-of-way: (J) Approval of Cabaret Dance License for Sailor's Restaurant. APPROVAL OF MINUTES OF JANUARY 8, 1985 [Item (B) on Consent Agendal Councilmember Hall asked that page seven, paragraph six, under Council, be corrected to read "Councilmember Hall asked that the staff get all packet information to the City Clerk's office in time to avoid after hour delivery by the Police at time and a half pay." COUNCILMEMB'ER HALL MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE MINUTES OF JANUARY 8, 1985 AS AMENDED. MOTION CARRIED. PROPOSED ORDINANCE 2477 ADOPTING COMPREHENSIVE SIDEWALK PLAN AND REGULATIONS (CDC-11-84) Councilmember Kasper asked who would be paying for the corner parks that will be required at all downtown intersections, the City or the private sector. In reply, Planning Director Mary Lou Block said the private sector had shared the cost of the most recent corner parks. She added that a property owner wishing to do any improvements would be required to pay for that corner park; however, if the City planned the upgrading.as is contemplated on Dayton, the City would pay the cost. She said a matching basis formula could be explored in Community Services Committee, but funding is not spelled out in the proposed ordinance. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ADOPT THE SIDEWALK ORDINANCE AS DRAFTED BY THE CITY ATTORNEY WITH THE STIPULATION THAT A FORMULA FOR MATCHING FUNDS BE PURSUED BUT THIS STIPULATION NOT BE INCLUDED IN THE ORDINANCE. MOTION CARRIED. AUTHORIZATION FOR MAYOR TO SIGN MAIN ST. PROGRAM CONTRACT [Item (G) on Consent Agenda Councilmember Jaech noted that she favors the Main St. Program working through the National Historic Trust for preservation and restoration of older buildings. She expressed concern that the funds be designated for payment of the Program Coordinator, which is not covered in the contract. City Attorney Scott Snyder replied that the contract had been written in the standard form, prohibiting the City from donating money. Ms. Block explained that the salary and office support of the Program Director constitute the main expense of the Main St. Program. Mr. Snyder noted that the City's contribution is a portion of the total amount and, by itself, would not pay anyone's salary. Councilmember Jaech asked for clarification of the City's position in relation to current problems being experienced by the Port. Mr. Snyder said he was not aware of the specific nature of the problem the Port is having; however, the City has the power to support and enhance the downtown area. Ms. Block explained that the Port had apparently given the funds without a contract and the expenditure was questioned by the State Auditor. In response to another question from Councilmember Jaech, Ms. Block said the funds will be utilized by the Main St. Program, not the DDAT. COUNCILMEMBEP. 1AECH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO AUTHORIZE THE MAYOR TO SIGN MAIN ST. PROGRAM CONTRACT. MOTION CARRIED. Ms. Block introduced Judy Helgreth, the new Main St. Program Coordinator. Ms. Helgreth expressed her enthusiasm for the very successful Main St. Program, which has met with success in many cities and states. She thanked everyone for their support and looked forward to working with the City_ AUDIENCE Ned Laurine, 1233 7th Ave. S., asked what the City stand is on the satellite dish antennas that people are installing? Mayor Naughten said the subject has not been discussed. Councilmember Jaech said she and Councilmember Hall had requested that the Planning Board discuss and define the problem. Mr. Snyder explained that this would fall within the accessory dwelling unit classification if the antenna were located within the setback limitations. Mr. Laurine said some cities outlaw these antennas if cable television is available. Councilmember Hall described the mobile satellite antennas and noted these are a problem also. Ms. Block said the Planning Board had discussed the issue but no code amendment had been written. Mayor Naughten advised Mr. Laurine the subject would be explored and he would be informed. Mr. Laurine also raised the problem of contractors who are not furnishing sani-cans for their workers, especially in residential areas, where facilities are not available. He objected to this practice and will report this to the Police as indecent exposure if it happens again. In addition, he said the construction in his neighborhood is near a creek that is already in danger of being polluted. Councilmember Jaech set a date of February 12 for a report from the staff on the satellite antennas. Councilmember Dwyer suggested a hearing be held by the Planning Board and final action by the Council on February 12. Councilmember Jaech felt that would not provide sufficient time for action by the Planning Board; therefore, she asked that a staff report be submitted to the Council on February 12 to be referred to the Planning Board. Martha Emmons, 22504 96th Ave W., asked the Council to consider opening a road to provide double access to Woodway High School. During the morning, the afternoon or any special event, there is a traffic problem. She felt installation of a stop light would be too expensive for the number of times during the day it would be needed. She said access could be doubled and traffic could flow two ways if a city street were opened to access to all. The street has a gate across it now, she said, and realizes the resident would like to have it closed; however, she also lives on a busy street with the resultant annoyances and said this is one of the things to which you adjust. She asked that the gate across this street be opened and shut as the other gates at Woodway are each day before school, after school and during special events. She asked the Council to give consideration to this proposal. Mayor Naughten explained that a traffic count had just been taken on 100th Ave. W. Ms. Emmons interrupted to ask if the Mayor was aware the counter was placed on the street during Christmas vacation and during the ice and snow conditions. Mayor Naughten said the count would be verified and an authentic traffic count would be obtained. He said there would probably be a hearing on the question of the gate after the reports are before the Council. EDMONDS CITY COUNCIL MINUTES Page 2 - January 15, 1985 Natalie Shippen, 1022 Euclid Ave., asked several questions regarding the status of the PUD transmission line proposal. In response, Mr. Snyder said the original proposal was dead unless resubmitted to the ADB. He explained that the suit regarding the variance granted by the Hearing Examiner to the PUD is still before the Snohomish County Superior Court with a return date in late February and there is an understanding with the PUD attorney that the matter will be referred back to the City Council for a rehearing after the report of the Citizen's commission is received. He noted that the agreement allows the City to create a new record since the original recording of the hearing was not complete. The appeal can be withdrawn if the PUD decides not to continue with the project. He said the project is alive at this time and the PUD could reapply to the ADB at any time. Ms. Shippen asked if the recommendation of the Citizen's committee would go directly to the ADB. Mr. Snyder said the recommendation would be returned to the Council and could be utilized as testimony or a part of the record in any subsequent variance proceeding before the Council. Councilmember Dwyer interjected that part of the record that does not exist was his motion to deny the PUD application and the reasons for that denial. One of the reasons, he said, was no factual basis existing in the record to demonstrate that this was a superior route over other possible routes and the PUD had conceded that that was a legitimate criteria for the Council to consider. Therefore, he believes this would provide some indication and reference that could be introduced into the hearing as to what the alternative routes are. In response to another question from Ms. Shippen, Mr. Snyder said it is not the Council's decision to direct the placement of the PUD transmission lines; the Council has variance authority to make a decision on a particular route submitted by the PUD. He noted that any decision regarding the utility lines would go before the ADB at some point for approval. HEARING ON 6-LOT SUBDIVISION AT 606 AND 612 9TH AVE. S. (HOMELAND HOMES/P-5-84) Planning Director Mary Lou Block reviewed the recommended approval and conditions issued by the Hearing Examiner on December 11, 1984 in this matter and displayed transparencies depicting the proposed subdivision. Mayor Naughten opened the public hearing. Hank Lewis, 21723 97th Ave. W., representing Homeland Homes, does not object to any of the conditions contained in the Hearing Examiner's report; however, he asked that individual tree removal be left to negotiation with the staff. He said in .certain situations he will be dealing with pre -built homes and would like to give that person the opportunity to select which trees they would like to retain. He said he does not know at this time which lots will be pre -sold. In response to questions from Councilmember Dwyer, Ms. Block explained that a tree cutting plan will be submitted upon application for a building permit and Mr. Lewis said he would have no problem in working with the Community Services Director and his staff in determining which trees should be cut. Since no one else wished to speak on this subject, Mayor Naughten closed the hearing. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE 6-LOT SUBDIVISION AT 606 AND 612 9TH AVE. S. (HOMELAND HOMES/P-5-84) WITH THE ADDITIONAL PROVISION THAT THE DEVELOPER WORK WITH THE COMMUNITY SERVICES DIRECTOR AND STAFF TO SELECT TREES THAT PRE -BUILT PURCHASERS WANT REMOVED. MOTION CARRIED. HEARING ON RECONSIDERATION OF COVERING YOST POOL Parks and Recreation Director Steve Simpson summarized the information that had been submitted to the Council during 1984 consideration of this subject. If the Council decides to pursue a semi -rigid cover for Yost pool, he said the .next step would be to ask the Finance Committee for recommendations for financing the cover and have the staff ask for proposals from the supplier. In response to several questions from the Council, Mr. Simpson explained that the $51,000 would assume a spa and other fitness facilities in the program. The figure does not take into account any debt service as was done with some other figures and is the least expensive way of operating the pool; he noted that in looking at more exotic pool covers more staff had been planned. He said some items that were to be considered for renovation were not included in the original budget amount of $119,000. According to the pool architect, the pool was designed as an enclosed pool but footings have not been poured for a cover. Mr. Simpson had suggested in the information before the Council that the pool cover might be extended to cover the upper deck rather than roofing that area, which could result in a savings. The spa would be located near the main pool, he said, the upper deck could be a game room or fitness area. He noted that amenities such as a sauna, food service, etc. may make the difference between breaking even or having a 50% operating subsidy each year. fie would estimate subsidy costs will be higher the first year in addition to the setup costs because it will.take at least that long to establish a clientele. EDMONDS CITY COUNCIL MINUTES Page 3 - January 15, 1985 Before opening the public hearing, Mayor Naughten recognized the following people, present in the audience: Kathy Samels, former reporter for the Herald, who had covered City Council meetings; State Representative Katie Allen; and County Councilmember Bruce Agnew. Mayor Naughten then opened the public hearing. He reported that he had received nine letters from citizens supporting covering of the pool. Mr. Snyder advised that the letters were on file with the City Clerk. Diane Lewis, 1427 7th P1. S., said she has not supported a pool cover in the past because she has been busy driving her child to swimming. She asked the Council to support a year- round swimming program for the City at Yost pool. She recounted the swimming career of her daughter who had to learn to swim at other pools and must also compete at other facilities. Even so, her daughter has volunteered as a teacher and aide at Yost pool during the summers. A year-round pool in Edmonds would help to relieve the pressure on existing pools and, she feels, both the school district and her daughter's swim team would use a covered Yost pool. She noted that many Edmonds' residents use both the Mountlake Terrace and Lynnwood pools and would be glad to support a covered pool at Yost. Judith Nelson, 21806 96th Ave. W., felt more people would be present this evening if notice of the hearing had been received earlier. She has supported Yost pool from the beginning and, in 1983, originated a petition that was delivered to the City Council. She said the pool is used by people for different reasons during the summer; during the winter, she must use other pools. She believes it is past time to meke the necessary repairs, update the facilities and cover the pool. Because of the unique setting of the pool, she urged the Council to choose a covering that will not obscure the beautiful surroundings. She urged the Mayor and Council to take positive steps in community progressiveness and vote yes on the Yost Park Pool issue. Katherine Allen, 21712 85th P1. W., has supported a cover for Yost pool since she was a member of the Council. She noted the pool was designed to be covered originally, providing a year-round. recreation program for the City of Edmonds. This is a capital investment and will have a return; the cost is reasonable to the City for the service offered to residents of the City. She suggested that use of the pool for school teams be explored with the School District since there are not enough pools in the area to provide adequate time for team use. She feels there are potential income producing areas that could be explored. In reference to the amenities such as food and beverages, etc., she said they are not essential; however, in comparing pools that have these amenities and those that do not, it is worth spending the money for the amenities because revenue from these sources may pay for the pool totally. She urged funding for covering the pool as a worthwhile expenditure. Sherry Wetmore, 21919 98th Ave. W., asked that Yost pool be scrapped and a new olympic-size pool facility be built with more options available than Yost pool could ever have. She favors a covered pool but feels covering Yost would not be worth the money, if another site is available that would offer an olympic-size pool. She does not agree that the swim teams from two schools could be accommodated at Yost because it is not large enough. She said the schools are paying $18.00 an hour for pool use and believes they would be glad to have a pool within the Edmonds area that they could use. If the only way to get a covered pool is to cover Yost, she would agree with a cover; however, she believes the. City should look a step beyond and build something that will have more to offer the residents. In her opinion, renovation of an old facility will cost more in the long run than building a good pool. Since there was no one else wishing to speak, Mayor Naughten closed the hearing. He suggested the information before the Council be refined with reference to the figures quoted, bringing those figures back to the Council at which time financing options could be discussed. He indicated that he would be interested in a convertible cover. Councilmember Jaech recommended contacting Everett for their experience since they covered their pool recently, if the Council wishes to pursue that course. Mayor Naughten added that the City must determine the potential customers for the pool, also. Councilmember Hall suggested that the Council do a little dreaming and look beyond just Yost pool, knowing it is in a state of disrepair and must be renovated before it can be enclosed. The possibility of Olympic Elementary School as a pool site should also be considered, she said, in addition to possible locations that have not been weighed. She then suggested that a date be set for a staff report. Mr. Simpson asked for an indication from the Council regarding the Yost pool cover proposal, since further research EDMONDS CITY COUNCIL MINUTES Page 4 - January 15, 1985 will involve City staff time as well as the staff time of company representatives. Councilmember Hall indicated her support of a pool cover if certain conditions exist. Councilmember Nordquist said he had voted to build the pool in 1972 if the public would buy the top. Uere is ft top yet, but he is willing to try for it again. Councilmember Nordquist said the School District turned down a proposal to place the pool on the Edmonds Senior High School campus 12 years ago. He now hears that the School District wants pool time and there may be room for a joint venture with them. Councilmember Hall said a pool at the school might leave very little time for the average citizen to use the pool. She asked that the staff report back to the Council with the necessary information. Councilmember Kasper had asked that this subject be scheduled for discussion when the Council was talking about a completely new complex. He felt this was an opportunity to save the pool; expending $115,000 on repairs of an uncovered pool does not seem to be a good use of those funds. He said the money will probably not be available for a total pool program while the City is committed to the Meadowdale Playfield project. If traffic can be generated in Yost pool over the next few years, for an expenditure of approximately $150,000, it should be studied as a stopgap measure until funding is available. He said it would cost $6-7,000 a month for a year-round pool, as opposed to $10,000 a month for three months. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, THAT THIS ITEM BE CONTINUED TO FEBRUARY 26. MOTION CARRIED. HEARING ON BALLINGER TRAFFIC ISLAND AT 75TH/23OTH S.W. Mayor Naughten advised the audience that 40 minutes has been allotted for this hearing and 15 people have signed to speak. He asked that 8 people be chosen to testify before the Council and those 8 limit their comments to 3 minutes each. City Engineer Jim Adams discussed the history of this traffic circle and the study results obtained. He said a traffic control device is not warranted by traffic conditions. On a transparency, he indicated an alternative to the traffic circle using buttons to channel and direct the traffic plus installation of a yield sign on 230th St. S.W. He noted that rumble strips could be installed to warn motorists of an approaching intersection. In response to questions from the Council, Mr. Adams described a traffic count of 580 cars as one car every minute during rush hour; qualification for a stop sign would require a traffic count of 600 cars per hour for 8 hours. Mayor Naughten opened the public hearing. Pricilla Reuble, 23319 75 th Ave W., voiced her opposition to the barrels. She said people cannot attain more than 35 mph speeds on these streets because of the stop sign locations. She said there are no sidewalks on these streets and, as a parent, she would not allow children to play in the front yard of abutting properties. She feels this should be the homeowner's responsibility, not the City's. Ron Howard., 23823 74th Ave. W., commented on a news article in the Edmonds View in which a staff member was quoted: He suggested that the stop sign on 74th Ave W. and 230th could be moved to the eastbound corner of 75th W. and 230th and would be better used. He noted there is also a stop sign located at 75th W. and 74th P1. Neither of these intersections carry the 600 cars per hour described by the City Engineer, he added. Gerald Blevins, 7427 230th S.W.', does not support installation of the barrels or the alternative design presented by the City Engineer. He expressed concern that traffic travelling on 75th in a northwesterly direction will be heading for his home as they round the barrels. He said it is possible to reach a speed of 40 mph and it is difficult to maneuver around the barrels at that speed. He does not feel comfortable with the barrels or the alternative proposal presented this evening. Delores M. Manache, 23040 75th Ave. W., distributed a diagram of the intersection in question. She said deliveries to her home as well as other homes in the area have been blocked since the barrels have been installed. However, she would not object, if there were a good reason for the barrels to be there. In reference to the dangers to children and pets, she said she never allows her children to play in the street and her pets are on a leash when out of her yard. She asked if there were net a leash law in the City and saw no reason to block access to her home because people do not observe that law. William Tarbet, 22930 75th Ave. W., addressed the inconvenience caused take Ballinger property owners by the traffic circle. He said the Council must show probable cause and prima facie evidence for not installing the Lake Ballinger traffic circle, supporting his position by citing several court cases. He said they have called the Edmonds Police EDMONDS CITY COUNCIL MINUTES Page 5 - January 15, 1985 Department many times because of the traffic speed. He said traffic has been slowed by the circle and there must be a controlled speed in'the neighborhood. Gary Engel, 22924 75th Ave. W., said the traffic circle is inconvenient and difficult to manuever around. He had first brought a petition before the Council to effect a solution for the speed of traffic on this street. He noted that people living on the south side of the intersection do not have the same type of problem, since the majority of traffic to the north of the intersection is using the street as a bypass to the freeway. He feels the circle has slowed traffic. He would support the alternative solution. The benefits of the circle would seem to far outweigh the inconvenience. caused, he added. Mr. Engel said there are 10 children between the ages of 1 and 10 who live on the north side of 75th Ave. He supports the installation of something to slow traffic. Barbara Dukes, 22902 75th Ave. W., felt installation of the barrels was for the benefit of residents on the north side of 75th Ave. She would support the alternative presented this evening or a stop sign on the north side. She suggested the traffic control could be installed only on the north side and not on the south side if residents there are opposed. Because there are no sidewalks, the children walking to the bus stop use the street, she said, and the speed of the traffic is not safe. She presented two letters from residents, unable to attend this evening, in support of a traffic control. Ed Bahr, 23004 75th Ave. W., thanked Councilmember Hall and any others who looked at the intersection. He said people on the north side of 75th Ave. are not all happy with the traffic circle. He described the greater amount of traffic that used the streets when the golf clubhouse was located on the west side of the lake and there were more children in the neighborhood than there are. now. He resents not being able to get out of his driveway and especially when there is snow present. He said there is a playground available for children to play rather than in the street. He distributed pictures of conditions on the street during the recent snow and ice and described the difficulties people experienced. Mr. Bahr called attention to the blind corner that exists at 230th St. and 75th Ave., caused by trees on City property. He favors stop signs being installed. Since there was no further time available, Mayor Naughten closed the hearing. In response to a question from Councilmember Hall, Mr. Snyder said the traffic circle was installed by motion and the Council could direct the staff to remove it by motion. Councilmember Hall said the Council had acted to aid the neighborhood with a traffic problem and had not considered all sides and issues. She suggested the barrels be removed and the buttons be used .for traffic direction on a trial basis, since both the police and fire department do not favor the circle. After looking at the intersection, Councilmember Ostrom is not convinced that is a good location for a traffic circle but is convinced that something must be done to slow traffic; however, the barrels should not be removed until a better solution is found. He believes the Council should also focus on traffic control north of the intersection. Councilmember Hall said there are stop signs north of the intersection now. Councilmember Wilson observed that most of the traffic is attempting to avoid the intersection at 228th St.; therefore COUNCILMEMBER iJILSON MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER HALL, TO REMOVE THE BARRELS AND PLACE A STOP SIGN ON THE RIGHT SIDE GOING SOUTH ON 75TH AVE. W. AND ON THE RIGHT HAND SIDE GOING EAST ON 230TH ST. S.W. AT THAT INTERSECTION. Councilmember Hall asked if he were aware there would be two stops within a short distance on 75th. Councilmember Nordquist explained that the two Stop signs just south of the intersection in question were placed because of sight limitations and because of an accident. Mr. Adams again displayed a transparency of the intersection and demonstrated the placement of the proposed stop signs. COUNCILMEMBER OSTROM ASKED IF COUNCILMEMBER WILSON WOULD AGREE TO A THIRD STOP SIGN ON 75TH AVE. GOING NORTH. THIS WAS AGREEABLE TO BOTH MAKER AND.SECONDER OF MOTION. Councilmember Dwyer expressed concern with stop signs being installed on a trial basis. Mr. Adams explained that traffic revision signs are used to notify traffic of changes. MOTION CARRIED. Mayor Naughten recessed the meeting for 10 minutes, reconvening at 9:17 p.m. REQUEST BY MEADOWDALE RESIDENTS TO REVIEW THEIR LEGAL QUESTIONS AND REVIEW ORDINANCE 2445 ESTABLISHING THE LANDSLIDE HAZARD AREA City Attorney Scott Snyder summarized the actions and correspondence regarding this subject. Mayor Naughten asked those wishing to speak to limit their comments to five minutes. EDMONDS CITY COUNCIL MINUTES Page 6 - January 15, 1985 Roger McCorkle, 20316 Dayton Ave. N., said, during recent meetings of the residents in the community, the ordinance and other problems have been discussed. He said the petition he was presenting to the.City at this time asks the Council to advise City staff: 1. To work with the community engineer in arriving at a survey and consider participating in the cost; 2. To study the possibility of reducing the width of 75th Ave. W. to less than 60'; 3. To eliminate the covenant portion of Ordinance 2445; and 4. To request that the City encourage the hook-up of as many sewer systems as possible during this .- winter to get as much water as possible out of the ground. Mike Lantz, 15706 75th P1. W., said he is an attorney but is not being retained by residents and is acting only as a spokesperson for residents. During a meeting of residents in the community, he said 50% of the residents wished to have the covenant portion of Ordinance 2445 stricken. Through his and others' investigation it has been found that financing for properties subject to the covenant will not be available. If that is the case, he said, property in the Meadowdale area that has not been previously developed will be worthless. This addresses another problem, the assessment of the L.I.D. cannot take place on these properties and he suggested there may be a legal question as to whether the City has not "just bought" all of these properties. He acknowledged the concern of the City regarding liability but suggested that may be a moot question if the property cannot be sold. lie said there are two items the City must accomplish in development of the area and elimination of their liability. One item is when the City becomes aware of the hazard and an obligation is taken to notify everyone of the hazard;. he believes that has taken place at the time the moratorium was established. The second item is that liability of the City rests, not with notification to future owners, but. rests with the building permit process which is already in place. The covenant is unenforceable as a matter of law in his opinion and eliminates any development of the property because financing is not possible. Robert Anderson, 7370 N. Meadowdale Rd, questioned the application of the Meadowdale provisions to the entire City since this compounds the problem raised in the original ordinance. He said informal discussion with mortgage bankers indicates very serious devaluation of their property and the method of assessment chosen for the sewer program depends upon an increased valuation of the property. He questioned uniform application of the covenant to all properties since geological conditions vary. In looking at the 2.5 year history of his property, he has found trees on his property that are from 50-200 years old, indicating there have not been any 25 year slide problems. He described the reasonable precautions that had to be exercised in developing their property. He asked the Council to consider, in reaching a decision, the time table necessary to meet the final assessment roll which will be in March or April. If nothing has been resolved concerning the covenant, he said property owners would have no alternative except to challenge that roll. He said the last major slide was in 1955 when the reasonable precautions previously mentioned were not observed in development of a property in the lower Meadowdale area. He asked the Council to consider the issues facing the property owners in Meadowdale, problems of devaluation, and the differences lot by lot which are not considered in a uniform covenant. Bruce Agnew, 16000 75th P1. W., agreed with Dr. Anderson's comments. He had purchased his property in 1981 with a cabin that was built in 1927; there is a 4 inch crack in the foundation as evidence of the only slippage on his lot during the last 60 years. He said it is frustrating to be told your property is in a 90% slide area and there has been no such activity. He noted that there are areas north of Meadowdale in the County that have seen slide activity and are more unstable than the Meadowdale area. He said the County, on advice of the Prosecutor's Office, has not placed any covenant in the title or deeds. He urged the City to be very careful in that regard because mortgage bankers have indicated that it could be an issue. In discussion with contractors, soils engineers and structural engineers, he has been told that it is possible to build on his lot with the use of retaining walls and pilings. He urged the City to take the building permits on a case by case basis. Mr. Agnew said he would not be applying for a building permit until next summer; however, he must make a decision regarding the design before then. He felt it is important that the Meadowdale community and the City agree on a soils engineer to do the samples that could be used in issuing building permits. Pat Scully, 22424 31st S.E., Bothell, a general contractor representing both his father and himself, had discussed financing with Washington Federal Savings and Loan. He was told mortgage money would not be available for houses built in the Meadowdale area because of the covenant; in addition, he was told that availability of construction loans was questionable. EDMONDS CITY COUNCIL MINUTES Page 7 - January 15, 1985 George Hager, 18624 84th Ave W., said he had discussed the availability of mortgage financing with his banker. He was told there was no possibility because of the covenant; however, if a decision was made at a higher level to finance in that area, the percentage of the total amount would be less and the interest rate would be a great deal higher. Since there was no one else wishing to speak, Mayor Naughten returned the meeting to the Council. Councilmember Dwyer proposed that the staff identify and isolate the various issues that have been raised this evening and compile a written response to the Council by February 12 for use in reaching a decision. He said action must be taken soon, but not necessarily this evening. Councilmember Kasper asked the status of the appraisals in the area; suggesting action should be taken after they are completed. Mr. Adams said they should be completed within 2 weeks. Mr. Snyder explained that both a geological consultant, a geotechnical engineer, and an appraiser to look at the question of valuation for purposes of adjusting the final assessment roll. Councilmember Ostrom agreed with Councilmemher_Dwyer's proposal. He believes the main issue is the wording of the covenant and feels the focus should be on wording that will protect the City without placing a burden on the property owner. Councilmember Kasper asked for specific recommendations from the staff. He said the City has attempted to solve the water problem with the L.I.D. and have property that can be developed; now, the covenant is restricting that development and must be addressed. He said there is a major problem with financing when a cloud is placed on the title. Councilmember Hall said both the hold harmless and disclaimer are needed. She feels the public has been duly notified as a result of the moratorium. Now after all of the efforts of the City, the development of the area is still being impeded. She said trees may be a gauge, but as building takes place, it is difficult to predict what will happen. She agreed that the problem must be addressed. She added that she had been told moneys may be withheld but during further discussion had been told the building permit process would be what was considered not the covenant. Councilmember Ostrom asked if improper development in the area cannot be approached through the permit process and remove it from the area of the covenant. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO CONTINUE DISCUSSION OF THIS ITEM TO FEBRUARY 26. Councilmember Ostrom questioned the length of time. COUNCILMEMBER DWYER CHANGED THIS MOTION TO READ FEBRUARY 12, AGREEABLE TO SECOND. MOTION CARRIED. Since it was now 10:00 p.m., Mayor Naughten adjourned the meeting. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO REOPEN THE MEETING. MOTION CARRIED. HEARING ON PROPOSED SALE OF CITY PROPERTIES LOCATED AT 76TH AVE., NORTH OF 244TH; AND TWO LOTS AT 200TH W. AND 84TH (LOCATED BEHIND 8421 AND 8427 200TH W. City Engineer Jim Adams said the property located at 76th Ave. W. located north of 244th St. S.W. was purchased with UAB funds and any funds realized from a sale of this property may have to be used to reimburse the State. He does not have an answer and would suggest waiting until there is a determination. He said the other property under consideration was acquired from an L.I.D. He displayed transparencies of the properties and explained that there are questions regarding the accuracy of the property lines. He said, in response to a question from the Council, that this was a shortplat but a metes and bounds description was used. Mr. Adams suggested that sale of this property be delayed until a survey or clarification of property lines has been determined. Mayor Naughten opened the public hearing. Margaret K. Ghrames, 8421 200th S.W., circulated a copy of a survey of the property. She described her purchase of the property and the problems she had encountered with discrepancies in measurement of property lines. She had also found soon after purchase that the adjoining house at 8427 200th S.W. was hooked on her water line and sewer line. The survey she had distributed established the boundaries of the property, she said; however the legal descriptions are still overlapping and the easement is not located as shown on the map displayed by the City Engineer earlier. She agreed that the property should not be sold until the property lines have been straightened out. She asked the Council to negotiate with adjacent property owners before selling the property for development since this would make an excellent green belt. She also requested that all adjacent property owners receive notification prior to any action being taken. John Weist, 8427 200th St. S.W., would like to see a survey of all of the property and the boundaries straightened out. He described the boundary lines that are in question EDMONDS CITY COUNCIL MINUTES Page 8 - January 15, 1985 including the back property line; and indicated that these measurements were taken from both the edge and midline of 200th St. He expressed interest in working out an agreement to purchase the City property and maintain it as a greenbelt.. Since there was no one else wishing to speak, the Mayer closed the public hearing. Councilmember Jaech agreed that the issues raised should be clarified before anything is done with the property. She said.Councilmember Kasper had suggested that a title company might be able to resolve the situation before instituting a survey. After the boundary questions have been resolved and the property is ready for sale, she asked that photos of the property be provided for Council information. Mr. Adams explained that he had discussed this with the title company and is asking for authorization to negotiate with the neighbors to determine where the boundaries should be and expend $1500 for a survey. In response to a question from Councilmember Kasper, Mr. Adams said he had net discussed sharing the cost of the survey with the neighbors. (At this point a member of the audience collapsed and there was a brief interruption as he was aided. Councilmembers Hall left the dais to offer her assistance and was not present during subsequent voting.) COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO CONTINUE DISCUSSION OF THIS ITEM TO THE FEBRUARY 12 MEETING. MOTION CARRIED. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO CONFIRM THE APPOINTMENT OF BILL MORAN TO POSITION 5 ON THE CEMETERY BOARD, TERM TO EXPIRE DECEMBER 31, 1988. MOTION CARRIED. COUNCILMEMBER JAECH MOVED; SECONDED BY COUNCILMEMBER NORDQUIST, TO CONFIRM THE APPOINTMENT OF LEE LEACH TO POSITION 6 ON THE ARTS COMMISSION, TERM TO EXPIRE DECEMBER 31, 1986; AND THOMAS R. MURPHY TO THE ALTERNATE POSITION ON THE PLANNING BOARD, TERM TO EXPIRE DECEMBER 31, 1985. MOTION CARRIED. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO CONTINUE COUNCIL REVIEW OF NONREPRESENTED SALARY RANGES TO THE JANUARY 22 MEETING. MOTION CARRIED WITH COUNCILMEMBER KASPER VOTING NO. Since there was no further business to come before the Council, Mayor Naughten adjourned the meeting at 10:20 p.m. ACQ LINE G. ARRETT, City Clerk AU EN, y0 EDMONDS CITY COUNCIL MINUTES Page 9 - January 15, 1985