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HomeMy WebLinkAbout19841127 City Council Minutes·-32 November 20, 1984 -continued Councilmember Jaech noted the same problem exists on January. l. COUNCILMEMBER KASPER MOVED THAT THE JANUARY l COUNCIL MEETING BE CANCELLED. Motion died for lack of a second. Councilmember Jaech expressed concern regarding work being done at Willow Creek on retaining walls. Ms. Block said someone would investigate the digging. Mr. Snyder suggested that anytime a Council-person receives such a call, the information should be forwarded immediately to the appropriate City Department for action. Councilmember Jaech said the December 1 budget meeting would be held in the Community Services Building staff lounge at 8:00 a.m. Councilmember Jaech asked for a staff report on the problems at Wade James Theatre that were reported in the newspaper. She also asked for a status report on the Museum elevator. Councilmember Dwyer reported that the Olympic School Committee met last week and would be reporting periodically on their progress. Councilmember Jaech said City Attorney John Wallace had noted that a Councilmember cannot miss three consecutive meetings unless their absence is excused by the Council. He had suggested that the Council vote on excused absences. She noted that members should notify the City Clerk, the Council Resource Person or the Council President if they will not be in attendance. Since it was 10:00 p.m., Mayor Naughten adjourned the meeting~ COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO CONTINUE THE MEETING THROUGH THE COUNCIL PORTION OF THE MEETING. MOTION CARR I ED . . . COUNCILMEMBER JAECH MOVED TO NOTE.FOR THE RECORD THAT COUNCILMEMBERS JACK WILSON AND LAURA HALL WERE EXCUSED THIS EVENING. MOTION FAILED FOR LACK OF A SECOND. The Council discussed the need for a motion in the event.a councilmember is absent. Councilmember Ostrom saw no reason to change the present method, Councilmember Dwyer said it should be handled as an item on the Consent Agenda the following week. Mr. Snyder said there was a concern, since there is a provision in RCW 35.12.060 for removal of a Councilmember if three consecutive meetings are missed and not excused. Student Representative Suzanne Adams reported that the Youth Activities Board had met on November 19, deciding to have a dance on Friday, December 14, for Junior High Students. She said a DJ would provide music and admission would be.$1.00 plus a can of food for the Food Bank. Ms. Adams invited Councilmembers to serve as chaperones for the dance. She said, if the dance were a success, one would be planned for Senior High students in January. Since there was no further business to come before the Council, the meeting was adjourned at 10:10 p.m. LARRY S. NAUGHTEN, Mayor November 27, 1984 -Work Meeting The regular 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 Naughten, Mayor Jo-Anne Jaech Steve Dwyer Laura Hall Bill Kasper John Nordquist Lloyd Ostrom Jack Wilson Suzanne Adams, Student Rep. CONSENT AGENDA STAFF PRESENT Art Housler, Administrative. Services Director Bobby Mills, Acting Public Works Superintendent Ron Schirman, Acting Fire Chief Jim Adams, City Engineer 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 Item (E) was removed from the Cohsent Agenda for discussion. COUNCILMEMBER HALL 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. (B) Approval of minutes of November 20, 1984. (C) Acknowledgment of receipt of claim for damages from Leonard H. Peoples (unspecified amount) (D) Authorization for Mayor to execute labor agreement with SEIU Local 6. I I I I I I I I I I . ---' ...... ,.,---------------.. 33~ November 27, 1984 -continued PROPOSED ORDINANCE AMENDING SECTION 8.64.080 OF EDMONDS CITY CODE TO ALLOW BUSES ON 76TH AVE. W. [Item (E) on Consent Agenda] Councilmember Kasper believes the exception from the 10,000 lb. load limit for municipal buses should be approved for all gross limit streets except. Pine St. from Third to Fifth St. COUNCIL- MEMBER KASPER MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER HALL, TO ADOPT THE EXCEPTION TO THE lo;ooo LB. LOAD LIMIT FOR MUNICIPAL AND SCHOOL BUSES FOR All STREETS EXCEPT PINE ST. BETWEEN THIRD ST. AND FIFTH ST. Councilmember Kasper explained that Pine St.· is too narrow to accommodate large buses or vehicles. He said the proposed modification would eliminate the need to amend the ordi- nance at another time, since allowing the exceptioQ on 76th Ave. W. leaves no justification for not making the change on all other arterials. MOTION CARRIED .. Later it was noted by the City Attorney that the motion to amend the ordinance did not include a motion to approve the ordinance as amended. He suggested the subject be scheduled for the Consent Agenda on December 4, 1984, because the change was a major one. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO INSTRUCT THE . CITY ATTORNEY TO DRAFT THE ORDINANCE AS AMENDED AND PLACE THE ORDINANCE ON THE DECEMBER 4, 1984 CONSENT AGENDA. MOTION CARRIED. PUBLIC HEARING ON 1985 BUDGET Mayor Naughten opened the public hearing. Since there was no one wishing to speak, the hearing was closed. CONTINUED DISCUSSION AND RECOMMENDATION ON HIGHWAY 99 CONCEPTS AS SET FORTH IN PLANNING BOARD POSITION PAPER (FROM NOVEMBER 5) Councilmember Jaech questioned the City's ability to handle sewer and storm drainage requirements for the Highway 99 area. Community Services Director Peter Hahn replied that contracts had been let for a number of sewer system improvements in that area; in addition a pre-annexation issue next to Highway 99 had raised the same question of sewer capacity. He had requested an assessment from the City Engineer of the sewer system elements in the .area and the treatment pl ant capacity; a draft report is expected within the week. He said the study was undertaken because of questions relating to the amount of flow that could be accepted from the area. Councilmember Jaech. asked. how develop- ment outside the City, served by Edmonds sewer and storm drainage systems, is controlled to afford equal treatment for those people who have plans for development of property within Edmonds. Mr. Hahn noted that the larger developments, which present problems for the sewage capacity of the sys- tem, are brought to the City's attention; it is the single family residences that go un-noticed. He said capacity should not be used up outside the City limits precluding any ability to provide service within the City. City Attorney Scott Snyder w.ill be presenting a report dealing with the valid legal bases for making adjustments or discriminating validly amongst development proposals. Reid Shockey, of Shockey and Associates, asked the Council for their comments on the remainder of the report from the Planning Board -On Highway 99, emphasizing that the position paper represents suggestions from the Planning Board. The aim of the paper is to generate discussion to determine the regulations and policy the Council expects from the Planning Board. The Planning Board will be presenting proposals for Code changes within the next month for Council consideration. On page 10 of the report, Council member Wilson questioned why the concept of "boulevard" was abandoned except as part of voluntary improvement efforts. Mr .. Shockey said Highway 99 was recognized as a traffic carrying arterial and .the "boulevard" concept is not practical; however, should property owners band together to request this concept, the City would consider and accommodate that request. Councilmember Jaech suggested any dividers should be required to have a more visually attractive finish than blacktop. Councilmember Dwyer expressed concern regarding the Code amendments mentioned in footnote 25 on page 11. Mr. Shockey replied that a new zone might be presented or a conditional use· permit for the general commercial zone, in line with the "node" concept. Councilmember Dwyer asked. that the "node" concept be defined to eliminate need for a conditional use permit to implement .the statement. Mr. Shockey said the Planning Board is just in the first stage~ of determining how that will work. He said a bell curve would be used to determine the heights, focussing on the important factors to be considered in determining these heights, such as view obstruction, casting shadows on residential properties or overwhelming those properties. He said anyone wishing to develop a property should be able to look at the code and compute these factors against the formulas in the code obtaining a good . idea of what will be allowed. However, he suggested the code contain enough latitude to allow creativity in design. Councilmember Kasper said the Planning Board is attempting to hand the study back to the Council to do their job. He said it would be logical to draw up.regulations that allow these developments in areas that do not cause these situations. He described development in Bellevue which does not concentrate higher development on cross streets. Mr. Shockey said Bellevue is a central business district while Highway 99 is a strip commercial zone with residential properties located closely to the commercial property. The Pl.anning Board is willing to entertain unlimited heights but does not want high-rise buildings next to residential properties. In regard to the incentive program, Councilmember Dwyer asked how and when these incentives are awarded or earned. Mr. Shockey said the incentive~ are earned through development of the b~ilding in respect to the above mentioned factors and through good design of the building. The proposal would be presented when the developer applied for a conditional use permit with an automatic review before the Architectural Design Board and the Planning Board prior to appearing before the Hearing Examiner for decision under a specific set of criteria. Councilmember Kasper noted that, if a variance or conditional. use permit is required, it will not be applied for in this town because people do not expect to receive them; if a height requirement is 3 .. 4~ ------- November 27, 1984 -continued set at 35.', there will be no applications to exceed that height. Mr. Shockey said the problem would be avoided by defining the criteria in the Code and saying to developers that, if they meet the criteria in developing their property, they will be granted the permit. Mayor Naughten asked what was meant by numerous streets being closed to prevent customer traffic invasion of residential areas. Mr. Shockey replied that nonarterial streets intersecting with Highway 99 should be re- stricted to. the point of closure to protect the adjacent neighborhoods, resulting in development of other arterials to a full right-of~way. In response to a question from Councilmember Kasper, Mr. Shockey noted.that the customer from outside the immediate.area will use the arterials; however, he 1 said th~re would still be an impact on the neighborhoods if they are not protected. In regard to view loss, Mr. Shockey said there would be some loss, if there are to be any large buildings, however the Board would like to insure no total view loss. The view may vary from territorial to mountain, he said, and noted that he.will be travelling the strip with Mr. Hahn and Ms. Block to determine the views which will then be marked on the Highway 99 aerial photo. Councilmember Ostrom disagreed with the statement that the City wo.uld trade-off view_ for high land utili.zation. Mr. Shockey used an example of 40% loss of view as being an acceptable loss and used a visual aid to illustrate how that would work for various. properties at differing distances. Council-1 member Jaech asked the City Attorney to insure that this concept can be legally drafted so the City is not being discriminatory. Councilmember Kasper objected to adopting a view corridor concept on Highway 99 and not doing the same in the bowl area. Mr. Snyder said the Council is empowered to address different vicinities within the City. The last sentence on page 12 did not appear to be correct to Councilmember Kasper; by the time Edmonds has completed this process, he said, the others will have all their building written off. He objected to a binding boundary for the area, since it may be that one house may have to be done. Mr. Shockey said boundaries could not be binding on future. decision makers, but the study sends a message of intention to developers of the strip and protection of residential areas. · During a discussion of the impact Highway 99 development will have on the sewer system, the possibility of imposing a building moratorium was discussed. Mr. Snyder noted that the report expected from the City Engineer will address not only specific areas but the City as a whole and cautioned that a moratorium should be examined very carefully. At the conclusion of reviewing the report, Mr. Shockey said the Planning Board is preparing their next report, addressing specific items, policy changes, etc., and will begin work on a third docu- ment containing proposals for amendments to the Community Development Code. Hearings will be held on the proposed changes. He said the Board will have sufficient information before the Council on January 8 to give the Council an opportunity to study the proposals before the Town Meeting at Ballinger later that month. Councilmember Kasper said he would support changes that will set forth what the Council will or will not do in order that any applicant will know what to expect when applying for any permits. DISCUSSION OF OLYMPIC VIEW WATER DISTRICT'S INTENT TO TERMINATE AGREEMENT FOR FURNISHING WATER City Attorney Scott Snyder reviewed the actions leading up to the current intent on Olympic View Water District's part. He agreed this might be an attempt to attain a negotiating position. The options before the Council, he said, include: l. Taking over the lines of the water district, or 2. Negotiate with the District on billing. Mr. Hahn interjected that there appears to be a problem in the response time when there are complaints since the complaint must be routed through the City and then to Olympic View. Mayor Naughten said if the City takes over the lines and purchases water from Seattle, it will be at the new water rate which is twice as much as the old water rate. Councilmember Kasper suggested the Council look at the sewer contract, also, in considering any renegotiation of the water contract. Mr. Snyder suggested that the matter be scheduled for an executive session if the Council decides to postpone decision. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO SCHEDULE DISCUSSION OF THE CONTRACT DURING EXECUTIVE SESSION ON DECEMBER 11 AT 6:00 P.M. MOTION CARRIED. Later, after checking the RCW, Mr. Snyder found there was no provision for discussing the matter in executive session. COUNCILMEMBER NORDQUIST THEN MOVED, SECONDED BY COUNCILMEMBER HALL, TO SCHEDULE THIS MATTER ON THE REGULAR AGENDA ON DECEMBER 11. MOTION CARRIED. ·Mayor Naughten recessed the meeting for 15 minutes, reconvening at 8:40 p.m. DISCUSSION OF COMMUNITY SERVICES DEPARTMENT BUDGETS (STREET, WATER, SEWER, EQUIPMENT RENTAL, ENGINEERING) Acting Public Works Superintendent Bobby Mills reviewed the Street, Water, Sewer, and Equipment Rental budgets and answered specific questions for the Council. Councilmember Nordquist asked that a list of all new equipment that is being purchased, what is being salvaged, and how the van for Parks and Recreation is going to be funded other than the B Fund, be prepared for the Saturday, December 1, budget meeting. City Engineer Jim Adams reviewed the Engineering budget for the Council. MAYOR Mayor Naughten asked the Council's wishes on the proposed resolution supporting SB 4872 relating to control of pornography and other moral nuisances. Councilmember Ostrom said this is not like en- dorsing a subject that is a worldwide issue, it is a matter affecting the City; however, the infor- mation before him is not explicit enough .. Councilmember Jaech asked that a copy of the bill be obtained and the Council review the current ordinance dealing with this matter before making a decision. I I I I I I I I November 27, 1984 -continued The Mayor asked for comments on the Emergency Service Coordinating Agency. Councilmember Kasper understood there was to be no coordinator for the agency. Councilmember Dwyer said that was the original intention but the agency ha'd determined a coordinator was needed; the City will still realize a net gain over the former agency. Mr. Snyder suggested the Council reserve decision on funding until they have seen the new plan. Mayor Naughten reported that the .Ballinger area residents had requested the Town Hall meeting be held on January 28, 1985 rather than January 29. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCIL- MEMBER OSTROM, TO HOLD THE TOWN HALL MEETING ON JANUARY 28, 1985 AT A SITE TO BE DETERMINED IN THE BALLINGER AREA. MOTION CARRIED. Mayor Naughten noted that Parks and Recreation Director Steve Simpson and he had attended a Town Hall meeting at Edmonds High School on Monday, November 26, held by the Interschool Council. He said it was a lively meeting at which the topics of abortion, prayer, competition in schools and children: pro or con, were discussed. The Mayor asked the Council 1 s wishes in regard to a. request from the Chamber of Commerce for $800 for Christmas decorations. COUNCILMEMBER NORDQUIST. MOVED,. SECONDED BY COUNCILMEMBER HALL, TO INSTRUCT THE CITY ATTORNEY TO PREPARE THE NECESSARY DOCUMENTS TO SUPPORT THE.CHAMBER OF COMMERCE WITH $800 TO BE TAKEN FROM THE COUNCIL CONTINGENCY FUND. MOTION CARRIED WITH COUNCILMEMBER KASPER VOTING NO. Mayor Naughten suggested the Counc i 1 might want to cancel the Council meeting.scheduled for January 1, 1985 as the December 25 meeting had been cancelled. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, TO CANCEL THE JANUARY 1, 1985 COUNCIL MEETING. MOTION CARRIED. Mayor Naughten pointed out the meeting would hava to be adjourned because of the hour if there were no motion to continue. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER JAECH, TO EXTEND THE MEETING UNTIL THE AGENDA WAS COMPLETED. MOTION CARRIED. COUNCIL Councilmember Hall asked how Council members are to .advise they will not be present, in order to comply with the Attorney's request for excused absences from Council meetings, when they do not wish to advertise their absences. Mr. Snyder suggested that notice to the Council President or Council Resource Person and a notation during the meeting that a person would not be present would be suffi- cient. His concern related to the provision under State law that three consecutive unexcused absences would constitute forfeiture of office. He suggested that each Council member be advised that this provision exists and insure any extended absence be acted upon by the Council by the third meeting. Councilmember Hall expressed appreciation for the letter from Burlington Northern and will be waiting to see what actions are taken. Councilmember Nordquist noted that the Edmonds Cable Company is acqu1r1ng franchise rights from GTE. He asked if the City franchise also included a three percent of gross receipts payment. Mr. Snyder said the provision is included in the City's franchise to the Cable Co. Councilmember Jaech asked the City Attorney to look at the contract and report if anything needs to be done. Councilmember Kasper commented on the water problems in the area. He does not see how the City can continue to operate with outside agencies; the City is building systems that are owned by others and should rather be built for the City. Mayor Naughten said the consultant selection for study of water systems in the City will take place on Friday, November 30; information from the study will be used for a five-year plan. Councilmember Kasper reiterated his concern regarding areas on Highway 99 and in the City that cannot be supplied adequately with water and must be solved as soon as possible. Councilmember Kasper asked about the status of the Union Oil Waterloop project. Mayor Naughten said Union Oil Company has agreed to a. contribution but is awaiting official confirmation from Los Angeles. After negotiations are completed with Union Oil, negotiations with the Port will follow. He noted that the L.I.D. would not be started until Spring. Councilmember Jaech requested that a letter be sent to the Washington Department of Transportation asking that the extra holding lane on Highway 104 be opened on heavy traffic days. Councilmember Kasper said they are also holding the loading traffic signal too long. Councilmember Jaech asked for the status of the reports requested on the Wade James Theatre. Mr. Hahn said a status report as well as an update of the meeting with the Block Grant Coordinator will be ready by next week. Councilmember Jaech reminded the Council of the budget meeting on Saturday, December 1, 1984 at 8:00 a.m. Councilmember Jaech asked for feedback from Community Services on the situation at Willow Creek on the additional digging and water problems; she would also like to know if there is a conditional use permit for the project. Councilmember Jaech asked that the proliferation of readerboard signs with flashing lights on Highway 99 be investigated. Since there was no further business to come before the Council, the meeting was adjourned at 10:15 p.m. LARRY S. NAUGHTEN, Mayor 35