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HomeMy WebLinkAbout19840919 City Council Minutes4.72 September 11, 1984 -continued COUNCIL. Councilmember Ostrom read minutes of the. December 15, 1981 Council meeting regarding the In Lieu Parking Fees. He noted that the fees were to be reviewed annually at budget time, however, that ·has not occurred since the provision was not included in the ordinance. Councilmember Jaech suggested · those fees be reviewed when the Council reviews the Public Works and Engineering fees on October 9. Col.incilmember Ostrom asked the City Attorney to prepare the necessary amendment to the ordinance incorporating this provision. Council President Jaech asked the Council for their view~ on a letter of support from the Council for the Main Street Program and read a sample letter. The Council approved the letter. She then asked for their comments regarding the economic condition of the Downtown area and the reasons for any health or distress since Council Views are needed to complete that question on the Main Street· application. Councilmember Ostrom noted the downtown area is suffering from competition with suburban malls and is in need of revitalization. Mayor Naughten commented that the economic con-dition. is varied. Councilmember Wilson remarked that it is a difficult environment to survive in. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO HAVE THE ADMINISTRATIVE BRANCH COMPOSE AN ANSWER TO THE QUESTION FOR THE MAIN STREET APPLICATIO~. MOTION CARRIED. Councilmember Nordquist inquired regarding an appeal of a Hearing Examiner decision submitted by J. P. Takahashi of J. P. 's Restaurant .. Ms. Block said the appeal was received prior to the decision being made and nn appeal has been received since the decision was made. She said Mr. Takahashi was advised the appeal was premature and she will advise Councilmember Nordquist of the appeal deadline. Councilmember Nordquist remarked that neighbors of the Chase Lake property are not aware of the. City's interest in acquiring that property. Councilmember Nordquist asked if businesses are being required to obtain a Conditional Use Permit in the Westgate area to remain open after 11:00 p.m. and before 6:00 a.m. Ms. Block replied that both Olsen's and First Serve have permits. Council President Jaech adiised the Council that the City is required to adopt a package of SEPA policies and procedures on or before October 1, 1984. Before an ordinance can be adopted there must be an opportunity for public input. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO ACCEPT PUBLIC COMMENT ON THE NEW SEPA POLICIES AND PROCEDURES ON SEPTEMBER 19; 1984. MOTION CARRIED. Councilmember Dwyer expressed appreciation to Burt Ketcham of the Chamber of Commerce for his work on the Olympic parade. · Councilmember Hall echoed those sentiments and comme~ted upon the pleasure ~he experienced as a participant in the celebration. Councilmember Hall announced the Candidates' Fair, September 13, at the United Methodist Church at 6:30 p.m. Candidates for the First Congressional District, 21st Legislative District and PUD Commissioners will be present. Councilmember Kasper asked if there were a time frame for the Chase Lake soil study .. Mr. Adams said it should be ~one in 7-10 days. Councilmember Kasper asked if there had been an appeal on the Hearing Examiner's decision to allow new power poles to exceed the 25' height limitation. Ms. Block advised there has been an appeal. The Council recessed to an Executive Session at 9:40 p.m. and adjourned at 10:05 p.m. ··4~.~.· LARRY S. NAUGHTEN, Mayor September 19, 1984 -Special Wednesday Meeting The regular meeting of the Edmonds City Council was called to order a_t 7:00 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the fl~g salute. PRESENT Larry Naughten, Mayor Jo-Anne Jaech Steve Dwyer Laura Hall Lloyd Ostrom Jack Wilson ABSENT . STAFF PRESENT John Nordquist Art Housler, Admin. Svcs. Director Steve Dahl, Student Rep.· Bobby Mills, Actg. Pub. Wks .. Supt. Dan Prinz, Police Chief Jim Adams, City Engineer Pat LeMay, Personnel Director Scott Snyder, City Attorney Shirlie Witz~l, Recorder Mayor Naughten said Councilmember Nordquist was at a Community Transit meeting. CONSENT AGENDA Item (H) was removed from the Consent Agenda. COUNCILMEMBER JAECH MOVED, SECONDED ·BY COUNCILMEMBER OSTROM, TO APPROVE THE BALANCE Of THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the following: (A) Roll call. I I I I I I I I I I September 19, 1984 -continued (B) Approval of minutes of September 11, 1984. (C) Acceptance of Quit Claim Deed from Walter J. and Donna Lee Moss, Jr. (D) Set date of October 2, 1984 for hearing on Appeal of Hearing Examiner's decision in matter of two-lot short subdivision at 818 7th Ave. N. (S-18-84) (E) Passage of Resolution 602 commending Student Representative Steve Dahl. (F) Adoption of Ordinance 2459 regulating Tow Truck Businesses. (G) Report on bids opened September 11, 1984 for telemetry modifications and additions, and award of contract to Stead and Baggerly, Inc., in the amount of $31 ,262. AUTHORIZATION TO ADVERTISE FOR CONSTRUCTION OF WATER/SEWER PROJECTS [Item (H) on Consent Agenda] Cour:icilmember Kasper questioned whether these items were non-LID items. Mayor Naughten replied that these had been identified as needed items from the original Highway 99 study. Councilmember Kasper pointed out the Latourelle study had been adopted by the Council and a priority list had been es- tablished from the Reid-Middleton study public hearings. He did not understand the delay and argu- ments r·egarding Highway 99, since projects are being funded, and some people think the Highwy 99 study is not completed. City Engineer Jim Adams said the items were approved during the 1983 budget hearings arid were funded in the 1984 budget but were not accomplished sooner because of problems in prop.erty acquisition. He noted the importance of continuing the priority of these projects because the~e are serious sewer problems. In addition, there cannot be any further development until the water flow reaches Highway 99 nor is there adequate flow for fire protection. Mayor Naughten said that there is a present need regardless of what is done on Highway 99. Councilmember Kasper asked if there were any factors for change in the priorities that were discussed for the upcoming study of Highway 99. Councilmember Ostrom noted that there had been no discussion of further study of High- way 99; the Council was waiting for recommendations. from-.the Planning Board based on past studies. He said that was the purpose in funding a consultant to aid the Planning Board. Councilmember Kasper described the apparent confusion that still exists within the Planning Board as to their as.si.gnment. He suggested the Highway 99 situation should be discussed in Staff meeting. COUNCIL- MEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO AUTHORIZE ADVERTISEMENT FOR CONSTRUCTION OF WATER/SEWER PROJECTS ($365,600). MOTION CARRIED. AUDIENCE Dale Folkerts, 4303 l98th S. W., Lynnwood, of The Herald, questioned the discussion of a budget item during Executive Session of the Council on September 11. He noted that. discussion dealt with fund- ing of a position as opposed to any personal qualification of the person in that position. He said The Herald feels that discussion of rentention of positions should be a matter for open meetings, since closed meetings are for discussion of individual performance or qualifications. City Attorney Scott Snyder agreed that budget items are to be discussed in meetings open to public comment and passed in public. However, he said, the issue in question began as a Personnel matter and ended as a budget item, at which time the Council deferred further conversation to a regular budget discus- sion during an open meeting. As an observer and legal advisor, Mr. Snyder found no problem with the duscussion as indicated. Michael Cornwell, 1123 5th Ave. S., a member of the Baha'i Community in Edmonds,. said that Community was asking the City Council to pass a resolution condemning the persecution of the Baha'i in Iran. Mr. Cornwell indicated the resolution would shed light on the situation existing in Iran and result in such recognition acting as a deterrent, would make a statement locally as to religious persecu- tion and upholding human rights, and would comfort members of the Baha'i in Edmonds with family members in Iran. Mayor Naughten nbted that the Washington State Legislature had passed a joint resolution condemning Iranian governmental actions. Councilmember Jaech explained that Council policy has been to not take action on issues concerning national items, school board items or other items that do not pertain to the Council's jurisdiction. Since the Council represents the citizens of Edmonds, she expressed belief that a hearing would be necessary before the Council could take such an action. Councilmember Dwyer expressed willingness to join in a resolution similar to the State Legislature's. He noted that most citizens of the community would disapprove of the perse- cutions that are occurring in nations such as Iran. Councilmember Hall agreed with Ms. Jaech that resolutions of this type have not been expressed in the past. She noted that Mr. Cornwell 's appear- ance makes the subject public and invited him to explain more fully the actions that are being condemned. Mr. Cornwell briefly described some of those actions. COUNCILMEMBER DWYER MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER KASPER, TO PASS A RESOLUTION SIMILAR TO THE WASHINGTON STATE LEGISLATURE JOINT RESOLUTION REGARDING THIS MATTER. Councilmember Ostrom sypathized with the cause represented by Mr. Cornwell, but believes Council policy is proper. He said everyone would agree in condemning these actions; however, others have appeared before the Council seeking affirmation of national political policy but were refused. He does not believe the Council should make pronouncements on affairs outside their jurisdiction. Councilmember Hall expressed support for the Baha 1 i Community but hesitated to join a resolution while she represents all citizens of many faiths. Councilmember Wilson agreed with statements of other Councilmembers and sympathized with the situation being presented, but stated a resolution would not be within the Council's jursidiction. Councilmember Kasper noted that a resolution con- cerning the nuclear arms race had passed swiftly, even though that was a political issue. He *indicated support of the resolution, although he feels it is not necessary to come to the Council. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEMBERS DWYER AND KASPER, VOTING YES; COUNCILMEMBERS JAECH, HALL, OSTROM AND WILSON VOTING NO. MOTION FAILED. ~ave Earling, 8629 187th Pl. S.W., presented an update on the Main Street Program. The application is nearly completed and funding has reached $35,200. The Port Commission matched the City's con- tribution of $7,500 last week. Individual contributions are now being sought. He noted that com- petition will be very stiff, but they are confident that Edmonds will be successful. Mr. Earling * See October 9, 1984 Minutes ~ 473. 474 ?- September 19, 1984 -continued also thanked the City for use of the Plaza Meeting room for the teleconference that was held on Tuesday, September 18. He noted that October 12 is the latest date for notice of the cities that have been selected. Bill Tyler, 8024 215th St. S.W., reported that a member of the Edmonds Boys' Club, Tony Agtarap, had been named National Boy of the Year. Last night he was honored with a five minute visit with Presi- dent Reagan, including getting to sit in the President's chair. Mr. Tyler is very proud of the young people of Edmonds and thanked the Council for their recognition of their achievements. Mayor Naughten will send Tony Agtarap a personal letter of congratulation and encouraged others to do so. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO DRAFT A RESOLUTION OF COMMENDATION IN RECOGNITION OF THE ACHIEVEMENTS OF TONY AGTARAP. MOTION CARRIED. MEETING WITH PETITIONERS FOR PROPOSED ANNEXATION OF AREA LOCATED SOUTH OF 224TH, WEST OF 99TH AVE. W., AND EAST OF lOOTH AVE. W. (AX-1-84) . Planning Director Mary Lou Block introduced this item as an opportunity for the Council to meet with petitioners of the proposed annexation. Ms. Block said the proposed annexation proposes no signi- ficant service problems for utilities or streets and said the staff recommends the area be annexed, that simultaneous zoning be required and the area assume the indebtedness of the City of Edmonds. Mayor Naughten invited any petitioners present to speak. Joanne Torsey, 22432 98th Ave. W., started the petition this summer after reading that Edmonds was encouraging annexation of small parcels. She approached neighbors like herself, who would like to vote for the Edmonds Mayor and City Council, and are now asking to become members of this delightful commu_niJ.y on the bay. Mayor Naughten said he had never heard such good reasons to annex. Con Redmonds, 22424 98th Ave. W., related their attempts to annex.this portion of property during the las~?~ years. He agreed completely with Ms. Torsey. " Since no one else wished to speak, Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, THAT THE PROPOSED ANNEXATION BE ACCEPTED, THAT ALL PROPERTY WITHIN THE TERRITORY HEREBY SOUGHT TO BE ANNEXED SHALL BE ASSESSED AND TAXED AT THE SAME RATE AND ON THE SAME BASIS AS PROPERTY WITHIN THE CITY OF EDMONDS FOR ANY NOW OUTSTANDING INDEBTEDNESS OF SAID CITY INCLUDING ASSESSMENT OF TAXES AND PAYMENT OF ANY BONDS ISSUED OR DEBTS CONTRACTED, PRIOR TO OR EXISTING AT THE DATE OF ANNEXATION AND THAT SIMULTANEOUS ADOPTION OF PROPOSED ZONING REGULATIONS BE REQUIRED. MOTION CARRIED. CONTINUED HEARING ON PROPOSED 30-LOT PRELIMINARY SUBDIVISION BETWEEN 172ND ST. S.W. AND MEADOWDALE BEACH Rd~; WEST OF 72ND AVE. W. (P~4~84/0LD NATIONAL BANK FINANCIAL SERVICES) Councilmember Jaech brought everyone up to date and stated this item was continued from September 4 to determine legalities that could be imposed by the Council to address concerns of various Council members. City Attor.J.ley Scott Snyder rev.iewed the results of meetings with the Triad group and Mr. Nicholai of ONB Firiancial Services: 11 1. All improvements required by virtue of the ordinances of the City, the Hearing Examiner's recommendation and the engineering department be completed or adequately assured by bond prior to final subdivision approval. 11 2. That all conditions of PRO approval be met prior to final subdivision approval. The PRO documents would be incorporated by reference on the face of the subdivision plat. 11 3. ·•That the subdivision plat contain a covenant that no building permit application may rely upon the plat as a basis for consideration until such time as: a. Plan for the individual dwelling unit are reviewed by a licensed architect who certifies the plans as in compliance with the PRO documents and design criteria, and b .. The plans are approved by the PRO Homeowners Association as being in compliance with the PRO documents and design criteria.11 If approved~ ·Mr.· Snyder satd, these conditions should be incorporated and adopted along with the findin_gs_,QJ the Hearing Examiner. He recommended these conditions be placed on the face of the purchasing~ document and that would make it virtually impossible for anyone to acquire the property, properly covenanted in accordance with these recommentations, without getting full notice of the restrictions. Ms. Block indicated that a decision should be based on the Council's satisfaction, or lack thereof, with the agreement that had been prepared. In response to a question from Councilmember Jaech, Ms. Block noted that designated open space would remain the same. Mayor Naughten opened the public hearing. Lisa Verner, 11415 N. E. 128th St., Kirkland, of Triad Associates, represented Old National Financial Services. She said she was prepared to answer questions on the matter and presented a sugge~t~d fourth condition to be considerd as paragraph 4 of the conditions read earlier ''The applicant covenant that the future sale of the unbuilt-upon lots shall be as either a total unit or as Phase I or Phase II independently.11 She agreed with the other three conditions brought before the Council and requested approval of the preliminary plat. I I I I I / I I I I I September 19, 1984 -continued Councilmember Kasper expressed his concern that lots might be. sold to persons not realizing the complications of the PRO, but felt his questions had been answered and was glad to note that the issues involved had been worked out. Mr. Snyder recommended approval of the additional condition submitted by Ms. Verner. Councilmember Dwyer raised the question of the transferability of this action, a question posed by Mr. Bildei at the original hearing.· Ms. Verner replied that Mr. Bilder's concern related to a permit for site grading which would not be transferable. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ACCEPT THIS PROPOSAL AS RECOMMENDED BY THE STAFF AND THE CITY ATTORNEY INCLUDING PARAGRAPHS ONE THROUGH FOUR AND BASED ON THE RECOMMENDATIONS OF THE HEARING EXAMINER. MOTION CARRIED. PROPOSED ORDINANCE 2460 AMENDING OFFICIAL STREET MAP, REDUCING PROPOSED RIGHT-OF-WAY OF 72ND AVE. W. BETWEEN 172ND ST. S.W. AND MEADOWDALE BEACH RD. (ST-2-84) Councilmember Jaech noted concerns expressed by Councilmember Nordquist regarding consideration for a walkway or bike path on this street. Ms. Verner of Triad Associates said the pathway would not be affected by the amendment. In conjunction with this project, they wished to reduce the west side of the right-of-way from 30' to 20'. This would leave a 50' right-of-way within which would be con- structed.a pathway and stairs from the top of the hill down to Meadowdale Beach Rd. Councilmembe~ Jaech asked why this request had not been made before, since this project was the same as the one previously presented. Ms. Verner thought it had been an oversight. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, THAT THE RIGHT-OF-WAY BE REDUCED FROM 60' TO 50', WITH THE REDUCTION BEING ON THE WEST SIDE OF THE STREET. MOTION CARRIED. HEARING ON APPEAL OF HEARING EXAMINER'S DECISION TO ALLOW NEW POWER POLES TO EXCEED THE 25' PERMITTED HEIGHT LIMIT (APPELLANT: KARL NIGGOL) Councilmember Jaech announced that she would not participate in the hearings on this and the following item because of a State ordinance called the Appearance of Fairness Doctrine. She would like this issue to be given a fair hearing and had decided not to be present. At this point · Councilmember Jaech left the room. Ms. Block asked if both items 5 and 6 c6uld be introduced because of their integral relationship and any action be taken in two separate motions. Mr. Snyder said two separate records must be made. Ms. Block then stated that on August 2, 1984 a· public hearing was held by the Hearing Examiner regarding a request by Snohomish County PUD for a variance to allow new ll5 kv transmission line power poles to exceed the permitted 25' height limit. The Hearing ·Examiner issued his report approving the variance on August 24. On September 7, 1984 an appeal of the Hearing Examiner's decision was filed by Karl Niggol. Ms. Block read the Hearing Examiner's decision for the audience. Mayor Naughten opened the public hearing. Karl Niggol, 809 Walnut St., submitted a letter which was read into the record as an ex~parte communication by Councilmember Hall at the direction of Mr. Snyder. Mr. Niggol felt the PUD had handled the project with complete disregard to the residents of Walnut St. He stated that they presented their case showing only new lines and poles, but not the clutter that would be created in adding to old, existing. lines. He feels they have failed to look at alternate routes .. He noted two possible alternate routes and hoped the Council would consider his suggestions. Dan Carroll, 717 Cedar St., read his letter of September 19, 1984 into the record. In it he acknowledged that a 115 kv transmission line needs to be built and that time is of the essence. However, he objects to the PUD plan for Walnut St. and urged the Council to uphold the appeal to the Hearing Examiner's decision, instruct the PUD to re-engineer some alternate routes and ask the PUD to meet informally with the ADB, City representatives', commercial interest$ and citizens. Trudy Thronbrough,.821 Walnut St., concurred with Mr. Carroll. She questioned the plausibility of very high poles in any residential district and wondered if there could· be possible alternate plans. She asked if Dayton St. had been considered or Edmonds Way from the substation past Albertsons and on to the downtown shopping area .. She said the business disctrict dominates those areas and hoped they would be considered rather than residential areas. Janet Shuh, 827 Walnut St., said that the installation of new, excessive height poles would not affect her view, but in the interest of community betterment, she was speaking out in opposition to selection of a residential street for this project. She urged keeping commercial developments on commercial streets, and asked that the City Council request selection of an alternate route. William Grosvenor, 752 Walnut St., read hi~ letter into the record, objecting to the plan because it will not eliminate existing poles but will add additional poles of a taller height. He asked that the PUD be required to investigate alternate solutions and asked the City Council to deny the proposed variance .. Dan Jaech, 546 Walnut St., described the poor communication with Walnut St. residents regarding this issue. They do not want to incur unreasonable costs for themselves or other residents, nor cut off power to .those who need it, but want to work with ~he PUD and the touncil to resolve this problem. He noted that the homes and the views involved also enhance the community. Mr. Jaech said they have not complained about spending City money for the construction of roads and drainage in other areas such as Meadowdale because these things benefit the community at .large. This proposal is different because a few are asked to carry the load for a lot of people. He agreed that the project should be placed in a business or commercial zone ... Since the PUD will not be able to proceed with the project until next spring, there would be time for the PUD to w.ork with the community. He agreed that greater power is needed for Harbor Square, waterfront development and backup sources for other areas such as Meadowdale and Maplewood. He said undergrounding is expensive and is not being proposed. He suggested the hearings be continued to a future date to insure a reasonable solution, that a September 19, 1984 -continaed committee be formed consisting of the City Engineer, representatives of the PUD and ~itizens of the community to study alternative routes. These alternatives would be presented to .the ADg for public hearing, recommendation to the Council and final resolution after all of the alternatives have been studied. Jean Yost, 536 Walnut St., having lived. in. the area many years and seen many changes, believed the issue before the Council' is one that citizens would like to revise if it should be approved. She said that would be too expensive once the poles and wires are in place. Since there has not been an adequate study of alternate possibilities, she asked the Council to take the time. to make a good decision, considering the. impact on a residential street with expensive views. · Jean Marr, ~04 6th Ave. S., said the issue is complex, involving two different needs: l. The need for electrical power, and 2. The need to enjoy their homes and views~ The Councilmembers have been asked to consider only one option, alternative routes and designs have not been considered. She asked that time be taken to do proper research, study of all impacts, look at the entire picture and make a reasonable decision. Since the PUD cannot put the project together until next spring, she said, the Council has the time. James Fitzgerald, P.O. Box l, Kirkland, .representing General Telephone, said that the Company is interested in this hearing because certain poles are shared with the PUD. General Telephone be~ lieves that state law provides for regulation of public utilities by the Washirigton Utilitie~ ~nd · Transportation Commission and they are not subject to regulation by the City, particularly in this instance. There are no prohibitions ·in state regulations regarding the height of utility poles. If the City requires undergrounding, the cost of this would have to be borne by the City or by the adjoining property owners. He said General Telephone believes poles are not structures as that term is used in the Edmonds Zoning Code, the City does not have the authority to regulate the poles by zoning, and the City Council should be aware that the City could be responsible for bearing the cost of undergrounding. Councilmember Dwyer asked GTE's position on the question of whether the availa- bility or non-availability of alternate routes is a valid ground for denying a varia_nce request and secondly, who has the burden of demonstrating that there are or are not alternative routes availa- ble. Mr. Fitzgerald replied that he had not anticipated the question, but he believed GTE would not object to alternate routes if there were no increased costs in providing service with respect to the ratepayers in general versus the benefits to those receiving the benefit. Councilmember Kasper asked how much of the GTE system.was underground but Mr. Fitzgerald had no idea of the percentage of overall transmission system of telephone lines that were underground. Councilmember Kasper said he asked because GTE was the maj~r obstacle when 9th Ave. was done, while ads were run saying that 50% of their system was underground. He asked if GTE used the same argument concerning rates throughout the county that was used by the PUD. Mr. Fitzgerald replied that, as a general philosophy, General Telephone favors undergrounding in new construction or wherever it is financially feasible. He added that it is the position of the Company with respect to undergrounding of existing facilities that the cost should be borne by either the people requesting or the people benefitting from the underground. He said ratepayers living in other jurisdictions should not be asked to pay for an aesthetic benefit for people living in one particular locale. In response to a question from Councilmember.Ostrom, Mr. Fitzgerald did not know if there were underground conduits existing under Walnut St. but offered to research his notes to determine if any exist. · Stephen Lamphere, senior legal assistant for Snohomish County PUD, said the PUD had requested a variance which was granted by the Hearing Examiner to .exceed the 25 1 height restriction for struc- tures along Walnut St. The Hearing Examiner found that all Code requirements were met. Mr. · Lamphere asked that the City Council confirm the Hearing Examiner's decision granting that variance. Councilmember Dwyer asked what the PUD's position would be as to the applicability of his previous question concerning alternate routes. Mr. Lamphere replied that any alternate route would require a variance. The proposals presented to the Council previously included several different possibili~ ties. He said the poles along Walnut St. are old and new poles would have to be installed. A variance would be required in any respect. Councilmember Dwyer asked what the PUD response would be to a findipg that Section 20.85.010 F had not been met because the PUD had not demonstrated that other routes are unavailable and that those other routes might have less impact on the community. Mr. Lamphere said the Council would be substituting its judgement for that of the Hearing Examiner since the Hearing Examiner found that all those requirements were met. He said the PUD does study available routes and had testified that the Walnut St. route was decided upon by the PUD because it was the cheapest route. Referring to an earlier discussion with th~ PUD where Mayor Naughten and he were present, Council- member Ostrom·said the idea had arisen of pursuing a compromise and forming a citizens' committee to work with the PUD, and perhaps the telephone company, to find an acceptable solution to the situ- ation. He said the variance becomes moot in view of those discussions and asked if the hearing could not.be continued to a future date giving the interested parties an opportunity to work to- gether on the problem. Mr. Lamphere said the PUD would be satisfied if the City Council confirmed the variance request and the design feature were remanded to the ADB for consideration by them, the PUD and other interested parties. He said confirmation of the variance would be needed if Walnut St. were selected for transmission facilities. He continued that the PUD had prevailed before the Hearing Examiner and would like to capture their good fortune while they have it. Since the dis- cussion referred to by Councilmember Ostrom would constitute an ex~parte communication, Mr Snyder asked Mr. Ostrom to review the substance of the discussion held with the PUD earlier Wednesday, so those taking the opposing side would have an opportunity to know what was discussed and have an opportunity to rebut if they wished. Councilmember Ostrom said the discussion centered around understanding the requirements and determining the problem. They had discussed possible alternatives, the subject of alternative routes, ~he subject of alternative types of poles, and the fact that concrete or metal poles might be less objectionable. He said they discussed the heights of the poles that are there and that are projected to be there under the PUD. plan. According to one PUD engineer, he said, the average height is misleading because certain terminus points could be 90 1 poles, but the average height of the poles to be installed would be lower than the average of the poles that are there now. Also, he I I I I I I I I I I September 19, 1984 ~ continued said, the poles that are there would.all be removed under the PUD proposal, to be replaced by completely new poles which would more nearly;conform.to the contour of the land, instead of tall and short poles being staggered down the hill. He said the PUD officials expressed their willingness and desire to work with the City on this problem, speaking in terms of a citizens• committee, comRosed of their entire customer set, to look at the issue of undergrounding and view sensitive areas. Councilmember Ostrom had proposed a citizens• committee in.Edmonds to work with the PUD, the ADB, and the City Engineer to find a palatable solution for the community as a whole. Since the PUD had indicated their willingness to lbok at alternate routes, he now suggested the hearing might be deferred until there is an opportunity to have those discussions. Mr. Lamphere said, for that reason, the PUD is asking for confimation of the variance and referral of the design to the ADB. Granting the variance is one of the two items that are required to construct anything. He added that the PUD had looked at alternates before deciding on Walnut St. Unfortunately citizen input and contact with the community was not initiated earlier, but there is now another opportunity for this since the PUD is unable to complete this project during 1984 due to winter's onset. He said the PUD has taken steps to re-energize the Edmonds substation at the 55 kv level so Edmonds would be fully served during the winter. Councilmember Dwyer asked, if the Council were to grant the variance with the understanding that a committee would be formed, would the .PLJD agree that the ultimate decision of that committee would be relevant consideration in the architectural design review. Mr. Lamphere replied there may be the possibility that other routes are more costly, that other routes have different design considerations and all of those things could be melded together. He said their chief executive had taken the position that the PUD would cooperate in the best interests of both the City and PUD customers as a whole. Councilmember Kasper said the Council must decide the appeal based on the facts of the Hearing Examiner and must not get off on other tangents. He was not disagreeing with what had.been said but felt a decision must be made to delay a decision or grant the variance with a condition attached that the line would be built if a resolution of the problem is not reached within a set number of months. He said letting this matter run into another season would be irresponsible. Mr. Snyder agreed that the Council is obligated to either decide the issue or delay the decision for a specific period of time. He said .in asking Councilmember Ostrom to review the discussion a variety of things were introduced which are not relevant to this proceeding; however, there was an obligation that an ex-parte communication which might relate to the subject must be explored. Roger Hertrich, 1020 Puget Dr., interpreted the granting of the variance as a green light for construction on Walnut St. and no other alternatives as to location. He said the Code does not speak to the protection of view but does speak to the protection of the residential area of the community. If the variance were denied this evening, he said, the City would carry equal or more weight in presenting alternative locations to the PUD. He urged a delay or denial of the variance. This would provide opportunity to select another location. Mike Echelbarger, 16608 76th Ave. W., represented the 500 members of the Chamber of Commerce. He urged the Council to uphold the decision of the Hearing Examiner on the basis that there was no merit to the appeal. He said the Hearing Examiner hears the facts not the emotion of the matter. He felt it would be inappropriate to ask the businesses and residents of Edmonds to pay for under- grounding power on Walnut .St. He noted that Mr. Jaech mentioned the Meadowdale sewer and storm sewers. Mr. Echelbarger said most of the City has those services and tying that situation into this particular question was not appropriate. The Chamber would urge the Council to re-establish the undergrounding fund, using the ll5 kv line question as the catalyst, moving forward with the concept of undergrounding in the City of Edmonds. Council member Dwyer asked if the Chamber had a position on whether the particular route selected is a pertinent question for the Council 1 s consideration in ruling on the variance. Mr. Echelbarger said they understood other routes were considered and this was the most cost-effective route that the PUD could take. He added that he would hate to see the same situation one year from now, with the PUD having to delay upgrading that power station becuase there is no agreement. Finis Tupper, 7ll Daley St., said this was a major transmission line to service the entire community. After listening to the legal counsel of the PUD, he said, it is important that appeal to the variance be upheld. The decision affects neighborhoods throughout Edmonds. upholding the Hearing Examiner's decision would give a green light not only for Walnut St. throughout the entire city. the He said but· Mayor Naughten asked if anyone had questions for Councilmember Ostrom regarding the meeting held with the PUD. Jean Marr, 504 6th Ave .. S., asked if all the wires could be put on one pole, even the new ones. Councilmember Ostrom said he thought that was true but it would require coordination with the other utilities such as GTE and Cable TV. He added that that is the kind of thing that should be discussed by a committee. Walt Simon, 810 Walnut St., asked if any new poles being installed would also be moved in towards the property of the people on Walnut. City Engineer Jim Adams replied that the City attempts to place all obstructions. to the public right-of-way back a minimum of two feet from the traveled way. He sai~ it is possi~le that the present poles are closer than two feet to the traveled way from the curb line and the City would try to have the poles replaced behind the sidewalk if there is sufficient right-of-way .. Mayor Naughten closed the public hearing. In response to a question from Councilmember Hall, Bryan White, transmission engineering supervisor for the PUD, replied that the City Engineer had called the PUD to say that the pole locations were September 19, 1984 -continued unacceptable right behind the curb and that any new poles would have to be moved behind the sidewalk to meet city requirements. To avoid a zigzag effect, Mr. Adams was told all the poles would be replaced. Additionally, Mr. White said the present proposal, replacing all the poles and making all of them about the same height, would actually make the new 115 kv poles around five feet shorter than the'~()nes that are there now. Mayor Naughten asked if that included the possibility of moving everything to the new pole, including the cable and telephone lines that are on the south side of Walnut St. Mr. White said GTE had an open invitation to use PUD poles~ Councilmember Wilson asked Mr. Snyder if upholding the decision would circumvent the Council's ability to study the situation without fear that the PUD could go ahead at a more rapid pace than might be anticipated. Mr. Snyder said construction requires approval of the variance and approval of the design by the ADB. Councilmember Dwyer asked Mr. Snyder if there had been sufficient record established that there was a relevant question concerning whether the best route had been selected, and if _the PUD representative's response to Mr. Dwyer's question about what this committee might do if the variance were approved ahd the process continued, was sufficient to guarantee that that *question would also be applicable in a subsequent ADB Hearing. Mr. Scott replied that the Council has the ability to consider alternative routes unde~ Subsection F. 'He added that it is the Council's responsibility to consider what evidence is in the record of the existence of viable alternative routes, as opposed to statements that they do exist. Councilmember Kasper agreed that that was a relevant point and asked if the PUD was required to present alternatives or if the City *must challenge them. Mr. Scott said if sufficient testimony is in the record to raise a doubt or question, testimony to that point would be appropriate. The Council must determine that the issue was raised by competent evidence tonight and, if that was raised, has the PUD addressed or rebutted it. Councilmember Kasper asked if a time limit or condition could be placed on the app~oval of the variance. He suggested that the variance could be granted and then expect the PUD to act in good faith to resolve the matter of routing .and design. Mr. Snyder replied that the decision on a variance is a yes or no decision, there is no condition of time involved and the Council would be relying on the good faith of the PUD. Councilmember Hall asked for clarification in regard to a 'municipality's right to regulate utilities as presented by Mr. Fitzgerald. Mr. Snyder said there are two separate state statutes, one regard- ing franchising and another in RCW 35 A relating to cities such as Edmonds that gives ample author- ity to regulate those heights so long as it is consistent with state law. He clarified that he was discussing authority within and crossings of street rights-of-way Linder the City's general powers relating to the regulation of street rights-of-way. · Councilmember Kasper noted that information is not available on other routes· and fears they may be precluding Walnut St. from ever being undergrounded by actions taken during the hearing. He said the cost of undergrounding has not been determined and feels it is necessary information. He would like to have the information on cost before making a decision and would also like to see the other routes that ·were considered. · Councilmember Hall said the Council is delaying the inevitable. Finding a commercial route may also have an impct on another area. She said the appeal should be upheld, a committee consisting of the PUD, General Telephone and the Cable TV could be formed .to work on a solution. She said she doesn't like delay, but doesn't want to foist this on another neighborhood, either. She recalled the time when poles and wires were a beautiful sight in contrast to the present when the utility companies are asked to update their technology and solve the undergrounding problem. COUNCILMEMBER HALL MOVED DENIAL OF THE HEARING EXAMINER'S DECISION TO LET THE HEIGHT OF THE POLES EXCEED 25'. Mr. Snyder reiterated that denial must be based on the criteria of the varance statute and not on the possi- bility Of other remedies. He then read the appropriate criteria. Councilmember Hall said approval of the variance would impose upon this one area a burden that is not shared by the total city at *this point. Mr. Scott explained that, in using Section E of the criteria, it would be necessary to include some factual issue as to why the sought variance is more detrimental than a situation that currently exists. He said a specific finding of fact and conclusion of law to support that fact must be reached. COUNCILMEMBER HALL WITHDREW HER MOTION. COUNCILMEMBER KASPER MOVED TO CONTINUE AND REOPEN THE HEARING TO A DATE CERTAIN. He asked if 30 days would be reasonable and asked that further information on alternate routes considered and the cost thereof be furnished the Council. Mr. Lamphere said the PUD as experts in utility design considered a variety of things, chose a particular design, and made application for a variance which was approved by the Hearing Examiner. He said the alternatives that were considered and the positive and negative factors of each of those compared to Walnut St. could be furnished. He commented that the City is asking applicants in a variance process to give them a laundry list from which to choose. In his view, an application for a variance is not a laundry list but a specific request for permission, based on facts that apply to the law. In reaching a conclusion with regard to the PUD's variance, he said, a denial can't be based upon dislike of the decision of the Hearing Examiner but on good solid reasons. However, the PUD will certainly riot present the City with those reasons, he said, since they want approval of the variance. MOTION DIED FOR LACK OF A SECOND. Mr. Lamphere continued that the City has not seen information on alternative routes or figures relating to the economy of the choice because the issue before the Hearing Examiner did not concern any other proposals. Councilmember Kasper reiterated that he believes the information is vital in making a decision as to placement of the wires. Mr. Snyder concurred with the PUd's position that they do not· have to prove that there are no alternatives existing, rather they have a right to have their request considered on its own merit. Mr. Lamphere then reminded the Council that the variance had been granted for one particular option, a design in one particular place. Location of the utility wires in another area, he said, would require the District to request another variance. This could result in another group of people protesting the District's proposal in their neighborhood, he added. * See October 9, 1984 Minutes I I I I I I I I I I ~ ----;-----.;.-.;.:: ----- September 19, 1984 -continued Councilmember Dwyer agreed with Councilinember Kasper that it doesn't make any difference to the PUD whether the variance is affirmed or denied, since the PUD must come back for a variance if another location is chosen. · Councilmember Ostrom believed the PUD and the residents are interested in looking for a solution that will be workable. He said no one wants to spend three million dollars to underground all of Walnut St. He suggested the variance be denied, a citizens' committee be formed to work with the utilities and come up with a comprehensive statement of position, so the PUD will have the support of City government as well as the public. COUNCILMEMBER OSTROM MOVED TO UPHOLD THE APPEAL OF THE HEARING EXAMINER'S DECISION, BASED ON THE FACT THAT THIS VARIANCE WOULD CONSIST OF A SPECIAL PRIVI- LEGE TD PROPERTY OWNERS, TO THE PUD IN T~IS CASE, SINCE THE HOUSES IN THAT ZONE ARE LIMITED TO 25'. He explained that approval of the variance would not be consistent with the comprehensive plan. He added that there are statements in the Comprehensive Plan that relate to preserving views in the City Nor is the variance consistent for purposes of the zoning ordinance, he said. MOTION DIED FOR LACK OF A SECOND. Due to the 10:00 p.m. hour, the meeting was automatically adjourned. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO REOPEN THE MEETING. MOTION CARRIED. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO CONTINUE THE HEARING AND DISCUSSION AND VOTE UNTIL OCTOBER 16. Mr. Snyder pointed out that the Council has the prerogative to reopen and continue the public hearing. The hearing at this point has been closed and no additional testi- mony need be taken. If the Council wishes additional testimony, he said, the hearing should be continued to a date certain. Once the meeting ends and the hearing has been closed, it would be necessary to republish the hearing to take more testimony. COUNCILMEMBER KASPER WITHDREW HIS MOTION AGREEABLE TO SECOND. COUNCILMEMBER KASPER MOVED TO CONTINUE THE PUBLIC HEARING TO OCTOBER 16, 1984 .. MOTION DIED FOR LACK OF A SECOND. Councilmember Ostrom objected that a continuation would delay the decision but would not resolve anything. He said the Council should deny the variance and then get people together to reach a solution to the problem. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO UPHOLD THE APPEAL BASED ON THE FINDING THAT THERE HAS BEEN COMPETENT EVIDENCE PRESENTED THAT THERE MAY BE ALTERNATIVE ROUTES AVAILABLE AND THAT THIS EVIDENCE WAS NOT REBUTTED BY THE APPLICANT AND THAT THEREFORE THE VARIANCE GRANTED CANNOT BE FOUND TO BE THE MINIMUM NECESSARY INTRUSION AS REQUIRED UNDER SECTION F. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEMBERS DWYER, OSTROM AND WILSON VOTING YES; COUNCILMEMBtRS HALL AND KASPER VOTING NO. MOTION CARRIED. Mr. Snyder noted the Council may reach a decision in a hearing by a majority of the votes of the Council present. COUNCILMEMBER KASPER MOVED TO ADJOURN. Ms. Block asked the Council to take testimony on the next agenda item before adjourning. MOTION DIED FOR LACK OF A SECOND. REHEARING ON APPEAL OF ADB DENIAL OF TRANSMISSION LINE PROJECT ALONG WALNUT ST. BETWEEN 3RD AVE. S. AND 96TH AVE. W. (APPELLANT: SNOHOMISH COUNTY PUD) Ms. Block explained that this was a rehearing on this matter .. She said staff recommends remanding the matter to the ADB for review under specific code section, together with a referral to a citizen committee-to work as an ad hoc task force, with recommendations reported to the ADB and subsequently to the City Council. Councilmember Ostrom suggested that Assistant City Planner Duane Bowman might spearhead any committee so formed. Mayor Naughten opened the public hearing. Stephen Lamphere, previously identified, said there was now no proposal before the City and withdrew the appeal. In view of Mr. Lamphere's action, Mayor Naughten closed the hearing. 479 COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO MOVE ITEM 8, BUDGET DISCUSSION, ON THE AGENDA TO THE SEPTEMBER 25, 1984 MEETING. MOTION CARRIED. Mayor Naughten recessed the meeting for 15 minutes at 10:15 p.m~ Councilmember Jaech returned to the dais when the meeting reconvened. PUBLIC COMMENT ON ADOPTION OF STATE ENVIRONMENTAL PROTECTION ACT POLICIES AND PROCEDURES Mr. Snyder explained that the State has adopted new policies and procedures and Wash1ngton cities are required to adopt them by October 1. He said public comment must be heard before an ordinance can be prepared adopting those rules which are required by the State and which will also incorporate existing City policies, procedures and statutes, whenever a choice is available. Mayor Naughten opened the meeting for public comment. Since there was no one present who wished to speak on this matter, the hearing.was closed. MAYOR Mayor Naughten said video tapes of the Olympic parade are available for $20.00 and can be ordered through his office. The Mayor advised that a tour of the Meadowdale playfield area for the Council is scheduled on September 29, 1984, Saturday, at 9:00 a.m. 480 September 19, 1984 -continued Mayor.Naughten said he had made a selection for the Community Services Director. References are being checked and a .recommendation will be presented to the Council on September 25 for confirma- tion. The candidate will be present during the Council dinner meeting for interview. The Mayor reported there is a meeting of the Snohomish County Cities on November 22 at the Everett Yacht Club at 6:30 p.m. Anyone. wishing to attend please notify the Mayor's office. Mayor Naughten noted the passing of long-time city resident, Bill Crow, who will be missed but never forgotten. The Mayor asked Mr. Snyder to discuss the claim form exhibit from the City's new insurance carrier. Mr. Snyder said there had been little c·laim activity inthe first quarter and.a review of the .claim history was held until the second .quarter. If the Council wishes, a representative of the carrief would be available for discussion of the claims history at a work session. Councilmember Jaech asked if the question regarding settlement of claims prior to notification of the Council had been resolved. Administrative Services Director Art Housler said there is no longer a problem. The Council saw no need to have the carrier report at this time, but asked that they be kept apprised of any litigation that may arise. Mr. Snyder then described anti-trust legislation now being reviewed by the Senate. The legislation is important to the City, since the City has ·acquired anti-trust liability, treble damages, through various Supreme Court cases. The Council must make decisions and may be liable for those decisions. He recommended that the Council authorize the Mayor to write .State senators urging their support of HR 6027. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO AUTHORIZE THE MAYOR TO WRITE THE APPROPRIATE LETTERS. .MOTION CARRIED. Mayor Naughten asked the Council's wishes concerning committee meeting times. Councilmember Hall said the evening meeting does not lend itself to digging into the issues and requires the staff to wait too long. Councilmember Jaech felt it should work since it would be part of the Council meeting just as Finance and Personnel Committees are now. The Council indicated their willingness to try the new times. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER DWYER,. TO INSTRUCT THE CITY ATTORNEY TO DRAFT A. REVISED ORDINANCE ALLOWING THE COUNCIL THE NECESSARY FLEXIBILITY TO TRY THIS NEW PROGRAM DURING 1985. · Councilmember Jaech explained ·that the change would be delayed until 1985 because of the the budget hearings that are scheduled before the end of the year. MOTION CARRIED WITH COUNCILMEMBER KASPER VOTING NO. The Mayor said there will be a meeting September 20, Thursday, at 10:00 a.m. to discuss secondary treatment with other cities involved and the Council is·invited. There is also a meeting at 11:00 a.m. at the Ronald Sewer District to which the Council is invited. Mayor Naughten read two letters commending the Police, Fire Department and the Medics regarding their response to emergency calls. COUNCIL COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ELECT COUNCILMEMBER HALL AS CHAIRMAN OF THE PUBLIC SAFETY COMMITTEE. MOTION CARRIED. Council President Jaech asked Mr. Snyder to explain the memo concerning deputy city attorneys and the request for their confirmation. Mr.· Snyder said the people named in the memo try cases in the police court. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO CONFIRM THE PEOPLE LISTED IN THE CITY ATTORNEY'S MEMO OF SEPTEMBER 10, 1984 AS DEPUTY CITY ATTORNEYS. MOTION CARRIED. Council President Jaech suggested that the agenda item concerning Undergrounding Policy for Edmonds scheduled for September 25 be removed from the agenda in view of the actions taken earlier in the evening. The Council agreed. Councilmember Kasper asked that a report on Union Oil Beach be furnished to him. ·He would like to know where the matter now stands. Mr. Housler replied that there was no written report, just a discussion of the status. The Mayor asked that an update be furnished to the Councilmember. Councilmember Hall asked Mr. Scott to explain his memo concerning the hiring freeze. Mr. Snyder said the discussion arose during Council review of the reorganization. There was a motion passed -which placed the city in the position of having a hiring freeze .. However, there have been a number of inconsistent hirings since that date. He noted that a motion is valid as long as it is followed and when it is no longer followed it is no longer valid. He advised the motion could be rescinded, the current practice could be f6llowed or an ordinance could be passed making it illegal to hire. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO RESCIND FORMER MOTION OF JANUARY 13, 1981, LIFTING THE HIRING FREEZE. MOTION CARRIED WITH COUNCI.LMEMBER KASPER VOTING NO. Mayor Naughten recessed the meeting to an Executive session to discuss labor negotiations at 11:00 p.m.; meeting adjourned at 12:00 midnight. LARRY S. NAUGHTEN, Mayor I I I • I I