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19821005 City Council Minutes28 October 5, 1982 • The regular meeting of the Edmonds City Council was called to order at 7:35 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT Harve Harrison, Mayor Jo -Anne Jaech Laura Hall Bill Kasper Katherine Allen John Nordquist Larry Naughten CONSENT AGENDA ABSENT STAFF PRESENT Ray Gould Irene Varney Moran, City Clerk Mary Lou Block, Planning Director Art Housler, Finance Director Marlo Foster, Police Chief Jack Weinz, Fire Chief Pat LeMay, Personnel Director Steve Simpson, Parks & Recreation Director Bill Nims, Traffic Engineer Wayne Tanaka, City Attorney Mark Eames, City Attorney Jackie Parrett, Deputy City Clerk Items (B), (D), and (G) were removed from the Consent Agenda. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE.THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the following: (A) Roll call. F_� I', (C) Set date of October 19, 1982 for hearing on Hearing Examiner recommendation to vacate • portion of right-of-way on Caspers St..in vicinity of 101 Caspers St. (Hubbard/ST-5-82) (E) Approval of request from PAWS.for increase in shelter fees to $375 monthly. (F). Authorization to call for bids on October 2.1, 1982 for 1982 street restoration program. APPROVAL OF MINUTES OF SEPTEMBER 28, 1982 [Item (B) on Consent Agenda Councilmember Naughten removed this item from the Consent Agenda to commend the recording secretary, Teresa Quigley, for an outstanding job of preparing minutes of a meeting that was long and difficult. COUNCILMEMBER NAUGHTEN THEN MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO APPROVE THE MINUTES SEPTEMBER 28, 1982. MOTION CARRIED. _AUTHORIZATION TO CALL FOR BIDS FOR LIGHT:SHIELDS FOR CIVIC CENTER FIELD Item D on Consent Agenda Councilnember Nordquist said it had been his understanding that the light shields already had been ordered, but now there was a request to go to bid. Parks.and Recreation Director Steve Simpson responded that 12 had been installed on the worst lights as.a test (two kinds of light shields were tested). The design of the most effective one was not sturdy so they will have them manufactured locally and specifications had been prepared. There are approximately 52 additional shields needed. Ar. Simpson said there are.dark spots on the field which make it dangerous to play on, and they want to be able to turn all the lights on but they cannot do that without the shields or the lights will splash into the neighbors' yards. He acknowledged that there had been dark spots on the field before installation of.the lights but said the field was used for practice at that time and not for competition play. COUNCILMEMBER NORDQUIST MOVED, SECONDED.BY COUNCILMEMBER KASPER, TO'APPROVE ITEM (D) ON THE CONSENT AGENDA. MOTION CARRIED. PROPOSED ORDINANCE ESTABLISHING.3-HOUR PARKING FROM 8:00 A.M. TO 6:00 P.M. ON BELL • AND EDMONDS STS. FROM SUNSET TO:THIRD AVE. AND ON SECOND AND THIRD AVES. FROM CENTRAL BUSINESS DISTR*ICT:TO CASPERS ST. [Item.(G) bm Consent Agenda] Councilmember Nordquist acknowledged.a letter from Mary Duke of 529 Third Ave. objecting to this proposal and he thought there possibly should be another hearing on it. Councilmember Hall agreed and said the City Clerk had alerted her to the fact that there are residential parking permits issued to other residents in the City for a fee and that this should be considered before treating the residents of these streets differently, and possibly the entire system should be changed. Council President Kasper said he thought another hearing was.in order. After discussing a hearing date with Mrs. Duke, COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, TO HAVE ANOTHER HEARING ON THIS ITEM ON OCTOBER 19, 1982. MOTION CARRIED. MAYOR Mayor Harrison presented a memorandum regarding the preliminary budget which he said is a 4.6% increase over that of 1982 and is balanced and requires no new taxes. He briefly reviewed his memorandum, describing the actions taken to balance the budget. Councilmember Hall complimented the Mayor and the Finance Director on'the preliminary budget. Councilmember.Nordquist noted at this time that Item 6 on the agenda, "Hearing on Reconsideration of Parking Formula for Downtown Business Area," was an item in which Councilmember Gould wished to participate. THEREFORE, COUNCILMEMBER NORDQUIST MOVED, SECONDEDA Y COUNCILMEMBER JAECH, THAT ITEM 6 BE CONTINUED TO OCTOBEP, 26, 1982,.BUT.AS A DISCUSSION ITEM AND NOT AS A HEARING. MOTION CARRIED. AUDIENCE Dick Beselin, one of the Harbor Square developers, said they are in the construction of utilities for.Harbor Square and there is a question as to whose responsibility it is to hook up the utilities 0 • October 5, 1982 - continued between Dayton St. and Harbor Square. He reviewed what.had happened in the past regarding the joint vent; --re wi tht� Oi t,y and hope he l;ad absorbed additional costs of the improvements rather than approach the City again w':en the loi ds received were $114,000 hi g'...er• than anticipated. The hook-up now. in question will cost another $4,300-.$5,0-30, a.nd lie said he previously had indicated this particu- lar hook-ur wnould not be a ;.part of his costs, but he said thy. City seems 'to have misun dierstood. He asked t iat -16-h e problem b,. reco n i ze d and a solution found. Al,Morgan of Reid -Middleton & Associates, the, eng i veers for Mjr. 3esel i n on this project, said he thought the misunderstanding occurred in the, initial ,_i s::ussi on wi?en they .weare conce:rne+_ wi t-h a basin -wide solution and E i l l Rims and he had gone over a number of ways to solve the drainage, making a "best guess" as to what the costs would be. He said the question is whether i. would go to the curb line: or stop at the catch basins, and lie said their opinion was that the responsibility of the developers would stop at the catch basins. He said the developers -in-tend com.pl e -i ng the road system before tine winter sets in so completion of the storm lines becomes parainount at this time. He identified on a drawing the hook-up in question. Bill Nims said it was his recollection that the City Engineer had said the developer's responsibility was to the curl, line. Councilmember Hall recalled that Jim Reid went over the ra.noes of curbing, etc., and in her mind Beselin and. Associates were responsible to the curb line. rv.r.Nims said he had listened to the tapes of the discussion but they did not help to clarify the question. Councilmember Hall said she felt the Council really did a good job that night working quickly with Mr. Beselin to resolve the problem. Mr. Beselin responded that they had been ready tc go on the bids when Mr. Adams asked them to put the combined system proposal before the Council and that Fir. Adams had said if the Council did not approve it he world then approve the system Mr. Beselin had ready. He said he had not asked a favor of the City or the Council, and that his original system would have peen much less expensive to him. He said he already had absorbed $9,000-$12,000 over the original estimate, the $15,000 original estimate having come from the City Engineer who real lit did not have enough time in which to do it. He said he was trying back in Fabruary.to put toge+"er a combined system but the response frog she City Engineer's office had been poor and it tool, into July before all this happened. Counci:lmember Kasper said he wanted to lie sure there mere no. trade-offs in that transaction, and Err. Beselin responded that there were none whatsoever, and he said if he were dealing with another private entity he would have split the additional costs with the other party. He said he had nothing to benefit from this but the City did. Mr. Nims stated that the tapes indicated it was the feeling of the Council that Itheit would partici;aate with "^r. 3eselin to do the system .o the curb line but no mcti ons viet e made to indicate that. Mr. Tanaka stated that another question is whether t'1e City's approval of the Beselin system contemplated his going to the curb line. lie said there was originally a plan approved and the di sagreeiiient is vilhet-her or not that original plan would require ahem to go to the property line and get water fro:; upstream. Councilmember Kasper said his reasoning was that the City was taking cam ofthat water if and when they did it, and the Beselin proposal . was for their project. Ho said he 'though-,; :11hey were going at i east to the 'property line and somebody sai d it had to go to lthe cur: 'line. Mr. Desel i n said the" estimate off $15 ,000 was done quickly and they agreed to a0surb tle ex-ra, but when it came to another $4,0O0. they did not think they should also absorb that. COUNCILMEMBER ;I:=,Si'ER MOVED, SECONDED BYCOUNCIL"tE;16Ef: HALL, TO TA�<E THIS MATTER TO THE COMMUNITY DEVELOPMENT/PUBLIC WORKS COMMITTEE NEXT WEEK. He said by that time Mr. Adams will have returned and also in the interim he could study the tapes of the previous discussion. Otherwise, he said; they would have no choice but to leave it where it was. THE MOTION CARRIED. CONTINUED HEARING ON HEARING EXAMINER RECOMMENDATION TO VACATE ALLEY LOCATED EAST OF 7TH AVE., SOUTH OF FIR, NORTH OF ELM, AND WEST OF 'B" AVE. (ST-4-82) Planning Director Mary Lou Block said this hearing had been continued to allow time for the staff to contact one property owner who had not signed the petition. That property owner was sent a notice but no response was received. Ms. Block said a further development had occurred with the discovery of a private drainage line constructed within the alley which was never dedicated to the City. She recommended that if the vacation were approved it be with the provision that the abutting property owners grant easements to each other for the maintenance and operation of the private drainage line, in addition to the conditions stated by the Hearing Examiner. Councilmember Nordquist asked if the parties would work out the easements amongst themselves., and City Attorney Wayne Tanaka responded that they would but that the City should receive copies.. Ms. Block noted that the Council could exclude the one piece of property and retain it as right-of-way. No one in the audience wished to speak on this matter. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE VACATION REQUESTED I14 ST-4-82, EXCEPT FOR THE NORTH PORTION OF PROPERTY ABUTTING 1122 "B" Ave, SUBJECT TO THE CONDITIONS LISTED IN THE HEARING EXA1111NER'S REPORT AND SUBJECT TO THE ABUTTING PROPERTY OW14ERS GRANTING EASEMENTS TO EACH OTHER FOR THE MAINTENANCE AND OPERATION OF THE PRIVATE DRAINAGE LINE, AND THAT THE OWNERS OF EACH BENEFITTING PROPERTY BE CHARGED $250 FOR THE VACATED PROPERTY. (The $250 figure was based on the charge to property owners involved in a recent nearby alley vacation inasmuch as an appraisal would be costly.) MOTION CARRIED. HEARING Oil PROPOSED VACATION OF PORTION OF ALLEY BETWEEN SPRAGUE AND DALEY, 7TH TO 8TH AYES. - (ST- 6-82) The Council had been provided a copy of the Hearing Examiner's report recommending approval of the subj?ct vacation, subject to the condition that upon vacation the adjoining property owners should each receive 7 1/2' of the vacated right-of-way, but if an adjoining property owner does not desire to.receive the land the City should make adjustments accordingly. Planning Director Mary Lou Block located the subject alley on a vicinity map, noting that there is no access from 8th Ave. to the alley at this time and that there is approximately.a 25% slope to the alley. The City had requested easerents from the property owners for improvements to the Shell Creek drainage system, and that was one of the considerations in the City's passing a resolution to initiate the vacation action. Ms. Block read aloud the conclusions of the Hearing Examiner and displayed a drawing which reflected the stream crossing the alley. The hearing was opened. Mrs..Gunnard Swanson, 216 Sunset Ave., said the stream is eroding her property. W. M. Brennan, 756 Daley St., identified his property north of the creek.and.said there was no objection from the neighborsexcept for the Hardestys,who.do not want their half of the alley because they think it will he a rockpile and cause liabilities. He felt that was•a hasty decision on their. October 5, 1982 - continued • part which they made before leaving on vacation. He said their position a day or two before the last hearing was. that they and he were going to help each other move fences, but they evidently changed their minds, and he asked if they could be given more time to change their position again as he thought they would be sorry later for that decision. City Attorney Wayne Tanaka stated that when the alley is vacated the property automatically goes to the owners on either side, regardless of whether they want it or not, especially in this case wherein the City is not requiring compensation. He said the vacated property would automatically go to the Hardestys whether they want it or not. Mrs. E. Adams, 750 Daley St., said she had given the City two easements and she thought it was only fair to get the alley vacated. She said Jerry Hauth, the City's.Hydraulics Engineer, had indicated to her that he thought that was fair and that was how this had come about. No one else wished to speak, and the hearing was closed. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER KASPER$ TO ACCEPT THE RECOMMENDATION OF THE PLANNING DEPARTMENT.AND OF THE HEARING EXAMINER AND TO GRANT THE VACATION, SUBJECT TO THE CONDITIONS LISTED IN THE HEARING EXAMINER'S REPORT EXCEPT FOR THE LAST SENTENCE OF HIS RECOMMENDATION.WHICH STATES ". . . IF AN ADJOINING PROPERTY OWNER DOES NOT DESIRE TO RECEIVE THE LAND THE CITY SHOULD MAKE ADJUSTMENTS ACCORDINGLY.". MOTION CARRIED. A short recess was . announced. HEARING ON USE OF FEDERAL REVENUE SHARING Finance Director Art Housler said it is a legal requirement to have this hearing to give the population an opportunity to give their input on how they would like these funds to be used. He.said that for the last four years the funds had been .used for Police Department salaries, and he saw no reason to change that use, so he recommended the funds be used for. Police Department salaries again. The hearing was opened, no one wished to speak, and the hearing was closed. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER ALLEN, THAT THE $167,678 ALLOCATED TO THE CITY IN REVENUE SHARING' FUNDS BE ALLOCATED FOR POLICE DEPARTMENT SALARIES. MOTION CARRIED. REVIEW OF UTILITY TAX RATE Finance Director Art Housler stated that the utility tax recently had been reduced from 8 1/4% to 6% and to reduce it further in 1983 the tax equalization money would be needed --the other cities must pass the 1/2t optional sales tax. He expects approximately $130.000 in 1983, based on those cities which already have passed it. Mr.. Housler noted that in the budget all the street overlay projects and oil sealing had been cut in order to balance it, and he thought the Mayor's position was that if there is additional money some should be put back into the Street Fund. Councilmember Naughten said he did not think they could go beyond the 6% tax reduction now because they do not know what will happen with the tax equalization question. Councilmember Kasper said when they get into the budget process he felt they should not spend the money until they actually have it. Mayor Harrison said he would like to see $200,000 generated and put into streets. PROPOSED ORDINANCE GRANTING FRANCHISE TO WASHINGTON NATURAL GAS COMPANY City Attorney Mark Eames stated that the City Attorney's Office and Washington Natural Gas had come to agreement on most of the language of the ordinance except for Section 8 which has to do with the hold harmless indemnity clause, and Washington Natural Gas wants an opportunity to discuss this at a work session, perhaps on October 26, 1982. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL - MEMBER NAUGHTEN, TO PLACE THIS FOR DISCUSSION ON THE OCTOBER 26, 1982 WORK MEETING AGENDA. MOTION CARRIED. Councilmember Hall questioned Section 14 which she said gives Washington Natural Gas the opportunity to approve the ordinance after it has been passed by the City Council. Mr. Eames said that is required by State law, and.that was why they were trying to eliminate all problems before the ordinance is passed. He said the existing ordinance will be in effect until the new one is signed. PROPOSED ORDINANCE LEVYING 1983 PROPERTY TAXES Finance Director Art Housler had provided a proposed ordinance with estimated figures inasmuch as the County Assessor's Office had not yet provided a certification. He said once the certification is received, approximately in mid -November, another ordinance will have to be adopted with adjusted figures. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ADOPT ORDINANCE 2321 LEVYING THE 1983 PROPERTY.TAXES. MOTION CARRIED. Councilmember Kasper said he would vote for it at this time but that he does not believe in going to 106% just because 106% is legal. MOTION CARRIED. COUNCIL Councilmember Naughten said he had noticed that the library curbs had been adjusted and that every- thing looked.very nice. Councilmember Naughten stated that he is on the SNOCOM Committee and they are starting dialogue to find a site for SNOCOM. Councilmember Nordquist noted that the Council had not yet received the report from Reid -Middleton on the Highway 99 Study.. Al Morgan of Reid -Middleton was in the audience and took.note of that. Councilmember Nordquist said he had heard rumors that within a few years the treatment plant will have reached its capacity, so he thought it appropriate to ask fora 5-10 year projection of the capacity. -COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ASK THE'OFFICE OF THE MAYOR TO.PROVIDE A REPORT ON THE PROJECTION OF THE CAPACITY OF THE TREATMENT PLANT FOR THE NEXT 5-10 YEARS. MOTION CARRIED. Councilmember Allen noted that the Police Chief had written a memorandum indicating that.the City of Everett is seeking assistance to change State law to permit cities to.restrict sales and use of fireworks further. They want to reduce the time in which fireworks can be sold and to limit the 1 n U 1 1 • October 5, 1982 - continued it I �J 1 size and variety of fireworks. Councilmember Allen thought the City of Everett wanted some local option to make regulations. COUNCILMEMBER ALLEN MOVED; SECONDED BY COUNCILMEMBER BECK THAT THE CITY COUNCIL .JOIN WITH THE CITY OF EVERETT IN THEIR INTENT TI CHANGE THE LEGISLATION REGARDING FIREWORKS. MOTION CA.RRTED. Councilmember Hall stated that there has been some confusion regarding the roles of the Library Board, the Friends of the Library, and Sno-Isle Regional Library, and she asked that the Staff research this. Councilmember Naughten complimented Personnel Director Pat LeMay on the notebook of job descriptions of City employees which he had compiled.and provided to the Council. Councilmember Jaech noted that last week Councilmember Allen asked for an explanation of Item 614 on page 12 of the investment Activities Report. She said that was $750 in the Spacial Library Fund which was established and has been budgeted for lecture speakers. She read a report on that from the Finance Director. Councilmember Jaech had received a letter from Ferral K. and Caroline E. Goodrich about tree heights. A neighbor of these people had planted a row of pine and fir trees across his 150' lot line and the trees now blocked the Sound view of the Gocdrichs. Councilmember Jaech said she had been assured previously that a line of trees constitutes a fence and should be kept to 6' in height. Planning Director Mary Lou Block said that in that previous conversation she had understood Councilmember Jaech to be speaking of a row of pyramidalis. She said she would investigate the question. Councilmember Jaech stated that Planning Board member Ken Mattson was not aware that the Council had referred the matter of helicopters to the Planning Board, and she asked that it be checked. Council President Kasper noted that the Council had, received a memo last week from Property Manager Jim Jessel regarding a preventive maintenance program. Mayor Harrison said this was the beginning of a study to show what the City's overhead is, including buildings that the City, itself, is not using. He said the —program will continue. Council President Kasper said he had a memo from the Personnel Director regarding compensatory time and it will be considered at the next Personnel Committee meeting. COUNCILMEKBER NAUGHTEN MOVED, SECONDED BY COUNCILMEVSER JAECE, TO SCHEDULE A PERSOKNEL COMIITTEE MEETING FOR OCTOBER 26, 1982 at 6:30 PX MOTION CARRIED. There was no further business to come before the Council, and the meeting adjourned at 9:25 p.m. IRENE VARNEY MORAN, ' ty Clerk October 12, 1982 - Work Meeting 50,11n,oual - HARVE HARRISON, Mayor The regular meeting of the Edmonds City Council was called to order at 7:35 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. • PRESENT 0 Harve Harrison, Mayor Ray Gould Jo -.Anne Jaech Bill Kasper Laura Hall Larry Naughten Katherine Allen John Nordquist CONSENT AGENDA STAFF PRESENT Jim Adams, City Engineer Irene Varney Moran, City Clerk Mary Lou Block, Planning Director Jeff Ristau, Accountant Marlo Foster, Police Chief Jack Weinz, Fire Chief Pat Le Kay, Personnel Director Steve Simpson, Parks & Recreation Director Jim Jessel, Property Manager Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk Item (D) was removed from, the Consent Agenda. COUNCILMEMBER COULD MOVED, SECONDED BY COUNCILMEMBER HALL; TO APPROVE THE BALANCE OF THE CONSENT AGENDA, MOTION CARRIED. (Councilmembers Allen and Nordquist were not present for the vote.) The approved items on the Consent Agenda included the following: (A) Roll call. (B) Approval of Minutes of October 5, 19g2. (C) Set date of November 1, 1982 for hearing on Planning Board recommendation to allow minor automotive repair in the BN zone as a conditional use. (E) Authorization to negotiate contract with Northwest Engineering for design of traffic signal at SR 104 and 226th S.W.