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08/18/1992 City CouncilFINAL APPROVED MINUTES APPROVED 8/25/92 EDMONDS CITY COUNCIL FINAL MINUTES August 18, 1992 The work meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Laura Hall at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT STAFF Laura Hall, Mayor Art Housler, Admin Serv. Director William Kasper, Council President Pro-Tem Brent Hunter, Personnel Manager Steve Dwyer, Councilmember Arvilla Ohlde, Parks & Rec. Mgr. Dave Earling, Councilmember Bob Alberts, City Engineer Michael W. Hall, Councilmember Noel Miller, P.W. Superintendent John Nordquist, Councilmember Arvilla Ohlde, Parks & Rec. Mgr. Tom Petruzzi, Councilmember Rob Chave, Planning Manager ABSENT Jeff Wilson, Planning Supervisor Jeff Palmer, Council President Scott Snyder, City Attorney Rhonda March, City Clerk (Council President Palmer previously notified the Barb Mehlert, Recorder Council of his absence). Jim Cooper, Student Representative Prior to discussing Consent Agenda Items, Mayor Hall requested Item 4, "Presentation by Jerilyn Brusseau, Founder of Peace Table Organization", be discussed, as members of the organization had time constraints. Councilmembers consented. Councilmember Dwyer arrived at 7:03 p.m. PRESENTATION BY JERILYN BRUSSEAU, FOUNDER OF PEACE TABLE ORGANIZATION, ON "PEACETREES CASCADIA" PR GRAM IN PACIFIC NORTHWEST, AUGUST 15 THRU SEPTEMBER 5 Jerilyn Brusseau thanked the Mayor and Council for inviting her organization to the City Council Meeting. Ms. Brusseau said the Peace Table Organization is dedicated to international peace mak- ing through food and hospitality. It is the goal of the Organization to provoke international friendship through the sharing and cooking of food. Ms. Brusseau said approximately three years ago, her organization became involved in a program called Urban Peacetrees, where young people would come together from all over the world to plant trees in inner cities through the United States. Ms. Brusseau introduced Dana Perry, founder of the Earthsteward Network, which is a international conflict resolution organization and creator of the Peacetrees program. Mr. Perry said there are approximately 117 adults from 18 countries who are members of the Peacetrees program. Mr. Perry said the PeaceTrees program allows young adults from many parts of the world to come together to provide environmental restoration. Ms. Brusseau introduced eight members of PeaceTrees Cascadia to the Mayor and City Council. Mayor Hall presented Ms. Brusseau with a Proclamation 'proclaiming August 15 through September 5, 1992 to be PEACETREES CASCADIA WEEKS in the City of Edmonds in support of the cultural understand- ing and environmental restoration that is being created by the Earthsteward Network and Peace Table. CONSENT AGENDA Item (G) was removed from the Consent Agenda. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL - MEMBER EARLING, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items are as follows: (A) ROLL CALL (B) APPROVAL OF MINUTES OF AUGUST 4 AND AUGUST 11, 1992 (C) APPROVAL OF CLAIMS WARRANTS FOR WEEKS OF AUGUST 3 AND AUGUST 10, 1992 AND PAYROLL WARRANTS FOR AUGUST 5, 1992 (D) SET HEARING DATE OF SEPTEMBER 1, 1992 ON RECOMMENDATIONS OF THE HEARING EXAMINER TO APPROVE A PROPOSED SIX -LOT SINGLE-FAMILY PRELIMINARY PLAT FOR PROPERTY ON THE SOUTH SIDE OF 175TH ST. S.W., APPROXIMATELY 700 FEET WEST OF 76TH AVE. W. (APPLICANT: PAUL THOMPSON/JANRIS CONST./FILE NO. P-92-10) (E) FINAL ACCEPTANCE OF WORK BY BLACKLINE, INC. ON THE 1992 SLURRY SEAL PROGRAM AND SETTING THE 30-DAY RETAINAGE PERIOD (F) FINAL ACCEPTANCE OF WORK BY LAKERIDGE PAVING COMPANY ON THE 1992 STREET OVERLAY PROGRAM AND SETTING THE 30-DAY RETAINAGE PERIOD (H) APPROVAL OF SUPPORT EMPLOYMENT POSITION FOR DISABLED WORKER (I) APPROVAL FOR MAYOR TO SIGN CONTRACT WITH PTI ENVIRONMENTAL FOR AN ENVIRONMENTAL AUDIT ON WATERFRONT PROPERTY ($10,000). AUTHORIZATION TO REFUND THE 1988 SEWER TREATMENT PLANT BOND ISSUE AND INCLUDE FUNDING FOR THE CITY'S SHARE OF UPGRADING THE LYNNW00 PLANT PER AGREEMENT SIGNED IN 1987 from Finance ommittee of August 11, 1992 Item G on the Consent A enda 1,l #I!' Councilmember Dwyer asked how it came to be that no provision was made in the budget for the S Al payment to the City of Lynnwood in the amount of $1,310,000. Art Housler, Administrative Services ��' � Director, stated the previous Community Services Director did not provide the Finance Department ,,,je/ 0 with the information saying it should be included in the budget. Mr. Housler said information files. Mr.rardintHouslern sahe amout dide he sh sounot talked twith kthe former Dit ctor,om and could ept in the frmer Cmunity Sernote speculateron why the information wasn't forwarded on to the Finance Department. Mr. Housler offered to contact the former Director for an explanation. Councilmember Petruzzi said it is amazing that the City could have a contingent liability of this amount, not included in the budget. Councilmember Petruzzi said he would like to see Mr. Housler implement a procedure that would put a responsibility and an accountability to the various Depart- ment Heads to make sure that any contingent liabilities are brought to the attention of the Fi- nance Department. Mr. Housler said it will be approximately two weeks before the City of Edmonds receives formal notification from the City of Lynnwood that the $1,310,000 is due. Councilmember Dwyer said he believes the City should break out in the Utility, the funds that go to the different plants. Councilmember Dwyer said he was aware that the City had an obligation to the City of Lynnwood per the agreement, but didn't know exactly how much it was. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO APPROVE THE RECOMMENDED REFUND- ING OF THE 1988 SEWER TREATMENT PLANT BOND ISSUE AND TO INCLUDE THE MONEY NECESSARY TO PAY THE CITY OF LYNNWOOD FOR THE CITY OF EDMONDS' SHARE OF THE CONSTRUCTION AND BUILDING OF THE LYNNWOOD SEWER TREATMENT PLANT. MOTION CARRIED. AUDIENCE Roland Johansson, 20916 76th Ave. W. #14, Edmonds, said he is victim of a crime in which a large amount of money was stolen from his family. Mr. Johansson said he has received unsatisfactory C kk Ze0K treatment from the Edmonds Police Department, and has received virtually no help from them. Mr. Johansson asked the Mayor and Council to look into the matter, and asked them to make sure that gtrd �S when a citizen comes to the Police Department, they are properly taken care of. UU As no other member of the audience came forward, Mayor Hall closed the audience portion of the meeting. REVIEW EDMONDS VISITORS BUREAU PROMOTIONAL VIDEO The Mayor and Council viewed a promotional tape advertising the City of Edmonds. The tape was provided by Councilmember Petruzzi, on behalf of the Edmonds Visitors Bureau. Councilmember I� v Petruzzi said the advertisements are 30 seconds in length and will be shown 266 times per month on CNN, ESPN, USA, TNT, and the A&E channels. HEARING ON PLANNING BOARD RECOMMENDATIONS TO DENY A REQUEST TO REZONE APPROXIMATELY .19 ACRES LOCATED AT 612 EDMONDS WAY FROM RS-6 TO BN APPLICANT: PHILIP BLY/FILE NO. R-1-981 Scheduled from Ju v 21. 1992 CITY COUNCIL APPROVED MINUTES Page 2 August 18, 1992 Councilmember Earling disclosed that he visited the subject property five to eight years ago to establish a value of the property at that time. Councilmember Earling said the property was never subsequently listed, nor did he receive any compensation. Mayor Hall asked members of the audience if they challenged Councilmember Earling's participation in the hearing in light of the information provided. No objections were made. Jeff Wilson, Planning Supervisor, said the Planning Board held hearings on the proposed rezone on January 8, February 12, March 25, and June 10, 1992. At the June 10, 1992 hearing, the Planning Board voted to recommend that the City Council deny the rezone based on the staff's findings and conclusions. At the July 21, 1992 meeting, the City Council set a date of August 18 for a public hearing on the Planning Board's recommendation. Mr. Wilson presented a view foil showing a vicinity map of the subject area. Mr. Wilson said the applicant began operating a dog grooming business at the subject location slightly after the re- zone application proceeded. Mr. Wilson said the applicant was informed that the use was prema- ture, however, as the use was in place, it would be allowed to continue until such a time when a conclusion and decision was made. Mr. Wilson said the requested use is not consistent with the Westgate Study which was completed by the Planning Board, however, noted the City Council has not yet formally adopted the Westgate Study. Mr. Wilson recommended to the Council that they uphold the Planning Board's decision to deny the request to rezone the subject property from RS-6 to BN. Mayor Hall referenced a letter from Dale W. Bonn, 600 Edmonds Way, who opposes the requested rezone from RS-6 to BN for reasons including a negative impact to the neighborhood. Councilmember Dwyer asked when the RS-6 zoning was established for the subject area. It was noted on page 7 of the Planning Division Advisory Report Findings, Conclusions, and Recommendation, that "there doesn't appear to have been any changes in the RS-6 zoning designation in the last 15 years". Councilmember Earling asked why the Westgate Study was not adopted. Mr. Wilson said it is his understanding that the Council is waiting for an updated traffic report for the Westgate Area, which is part of the current Transportation Study. Testimony of the Applicant The Applicant, Philip Bly, was not present in the audience to address the Council, nor was there a representative for the applicant. Public Testimony Mayor Hall asked if there was anyone in the audience wishing to speak on the issue. No member of the audience came forward. Mayor Hall closed the audience portion of the hearing. Council Discussion and Deliberation Councilmember Petruzzi asked the City Clerk if proper notification of the hearing was made, and Rhonda March, City Clerk, replied affirmatively. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER EARLING, TO ADOPT THE PLANNING BOARD'S RECOM- MENDATION FOR THE REASONS SET FORTH BY THE PLANNING BOARD. MOTION CARRIED. PROPOSED ORDINANCE AMENDING STREET STANDARDS FOR ALLEYS k Bob Alberts, City Engineer, said the issue of alleys was discussed with the Council several years fGL ago. The issue, at that time, was whether alleys should conform to the street standards for both pavement and right-of-way widths when a development uses an alley for access. The decision and J modification to the Code was that alleys, when improved, would not need to be improved to the pavement widths and right-of-way widths required in the street standards. Any improvements re- quired would be done within the existing right-of-way for any particular alley. A recent decision by the Hearing Examiner identified a flaw in the City's street standards, Edmonds Community Development Code (ECDC) 18.80.010, which prohibits the City to require a devel- oper to improve an alley even when used for vehicular access to parking spaces and garages. Mr. Alberts proposed an ordinance which would allow improvements to be made to alleys within existing rights -of -way when developments use the alleys for vehicular access. CITY COUNCIL APPROVED MINUTES Page 3 August 18, 1992 Councilmember Kasper said he does not agree with the 16 foot alley designation, and said it should be changed to 15 feet. City Attorney Scott Snyder pointed out that the 16 foot designation already exists in the Code due to prior Council action. Mr. Snyder said the issue at hand is that the Hearing Examiner inter- preted a sentence in the Code as prohibiting or creating an exception that would prohibit the City from requiring a developer to pave the alley. Mr. Snyder said the intent of the proposed ordinance is to permit, under appropriate circumstances, the paving of alleys when they are used for access to the width of the existing alley. Mr. Snyder said without any changes, staff will be unable to require any pavement or improvement of alleys. Councilmember Earling said he is concerned over the increasing costs of housing, and feels the developer would Simply pass on the cost to the homeowner, thereby driving up the cost of housing. Mr. Alberts agreed with Councilmember Earling, however, said he is also concerned that taxpayers should not be responsible for paying for the alley improvements either. Mr. Alberts said the alley improvements usually consist of a simple overlay. Councilmember Kasper said essentially what the City would be doing is using the street right-of- way and the 16 foot, which is part of the street right-of-way in alleys. Councilmember Kasper said the 15 foot figure should be used as most of the alleys in the City fit under this category better than the 16 foot category. Councilmember Hall suggested changing the definition of the right-of-way width for clarification purposes. Councilmember Hall said he agrees with Councilmember Kasper in that there are alleys in Edmonds which are narrower than their right-of-way width which would make them less than 16 feet. As there was a member of the audience wishing to address the subject, COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO HEAR FROM THE PUBLIC. MOTION CARRIED. Peter Beck, 718 Spruce Street, said the real concern is the understanding of what an alley is. Mr. Beck believes it is important that the City take the Official Street Map and define an inven- tory of alleys to identify species specific. Mr. Beck said he agrees with Councilmember Kasper, in that there are a number of alleys narrower than 16 feet. Mr. Beck said after the inventory is done, the information contained within the inventory could be utilized when improvements are made to alleys. Mayor Hall closed the public portion of the discussion. The Council discussed the proposed ordinance at length. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER PETRUZZI FOR DISCUSSION, TO AMEND THE PROPOSED MODIFICATION TO ECDC 18.80.010 TO READ THAT "ALL STREETS AND ACCESS EASEMENTS MUST BE PAVED TO A MINIMUM WIDTH OF 16 FEET UNLESS OTHERWISE PROVIDED HEREIN AND DEVELOPED IN ACCORDANCE WITH THE CITY OF EDMONDS' STREET STANDARDS, ON FILE IN THE CITY ENGINEER' OFFICE. THIS PAVING WIDTH REQUIREMENT IS MODIFIED FOR ALLEYS. ALLEYS SHALL BE PAVED AND OTHERWISE IMPROVED TO A WIDTH COMPATIBLE TO THE ACTUAL EXISTING WIDTH. ALLEYS SHALL BE PAVED AND OTHERWISE IMPROVED WHEN USED FOR VEHICLE ACCESS TO PARKING SPACES. It is noted the key words Councilmember Hall wishes to change is "The actual existing width" instead of "right-of-way width". Under discussion, the majority of Councilmembers felt that be adding "The Actual Existing Width" instead of "right-of-way width" would not accomplish what Staff is trying to do. MOTION FAILED with Councilmember Hall voting in favor of the motion. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI TO APPROVE THE PROPOSE ORDINANCE AS SUBMITTED BY STAFF. Under discussion, COUNCILMEMBER KASPER MOVED TO AMEND THE MOTION TO REFLECT THAT THE MINIMUM WIDTH OF 16 FEET, WHICH IS CONTAINED IN ECDC 18.80.010 BE CHANGED TO 15 FEET. THE AMENDMENT TO THE MAIN MOTION FAILED with Councilmember Kasper voting in favor of the motion. THE MAIN MOTION THEN FAILED with Councilmember Dwyer, Councilmember Nordquist, and Councilmember Petruzzi voting in favor of the motion, and Councilmember Earling, Councilmember Hall, and Coun- cilmember Kasper voting against the motion. As this was a Tie Vote, a vote was required from the Mayor, in which Mayor Hall voted against the motion. Mayor Hall said her intention in voting against the motion was not to vote against the Staff recommendation, but to study the issue further for the purpose of clarification. CITY COUNCIL APPROVED MINUTES Page 4 August 18, 1992 MAYOR Mayor Hall noted two liquor license applications in which Chief Prinz recommended approval: Bua Thai Restaurant and Bickford's Restaurant. No objections were made by Councilmembers. a%iAt the request of Mayor Hall, Rob Chave, Planning Manager informed the City Council that Wendy Q' Schulenberg has been hired as the Associate Planner for the Planning Department. Mr. Chave said 14SSpL1 Ms. Schulenberg was the unanimous choice of the Advisory Committee, and will begin her position with the City on September 1. Mayor Hall referenced a letter from citizen Dorothy Williamson in which Councilmember Kasper 2 Q� provided her. The letter contained 14 items of concerns regarding the Taste of. Edmonds. Don ICt S� V J5 Bartholomaus from the Chamber of Commerce was present in the audience, and a copy of the letter was provided to him. Mayor Hall said overall, the Taste was a success, and noted the quality of 'nlu IWr the food. Mayor Hall asked Mr. Bartholomaus to address the Council regarding the Taste. C° Mr. Bartholomaus said there are always complaints made, however, noted the large number of accli- mates, especially for the beer garden. Mr. Bartholomaus said overall, the Chamber is confident that this was the best "Taste" yet. COUNCIL Councilmember Dwyer said the contributions that the City makes to Snohomish Health District will be approximately a quarter of a million dollars in 1993, and asked the Council Assistant to find + out what the City has contributed in past years. J(LQVJ�S Council -member Dwyer said the Council Assistant had researched AWC dues history at his request, and said he would like to discuss -this on a future agenda for approximately 10 minutes. Councilmember Dwyer said he has heard similar complaints regarding the Taste as is contained in Dorothy Williamson's letter. Councilmember Dwyer said it is now towards the end of August and Yost Pool still does not have �Osf �p the handicap -accessible lift installed. Councilmember Kasper said the Taste has simply become too successful, and has outgrown the present location. Councilmember Kasper said the comments made by Dorothy Williamson should be addressed by the Chamber.'CounciImember Kasper said that the Chamber needs to review all comments and complaints early on, before any planning is done for the Taste. 4 2 6-S �5 Councilmember Hall said the biggest issue he heard concerning the Taste is that there were not ! 10 enough garbage cans. b� Councilmember Petruzzi said he worked in the beer garden or four hours on Saturday and said every- thing went well. Councilmember Petruzzi said he shares Councilmember Dwyer's concern of the handicap -accessible lift not being installed at Yost Pool. Councilmember Petruzzi said we have specified monies al- ready allocated and considering our position on the Americans with Disability Act, the lift should be installed as soon as possible. Councilmember Earling said there are a number of. transportation issues coming up which will af- �Q510 fect everyone. Councilmember Earling said by September 11, 1992, the Regional Transportation Plan will be put into place for Pierce, Snohomish and King Counties. Councilmember Earling identified four areas in which he said he would like input from Councilmembers before the vote takes place at Community Transit Thursday, August 27, 1992. QThe Mayor and City Council recessed to an Executive Session to discuss labor negotiations at 9:10 p.m. Following the Executive Session which ended at 10:00 p.m, Mayor Hall adjourned the meeting. A PERMANENT RECORDING OF ALL COUNCIL MEETINGS ARE KEPT IN THE CITY CLERK'S OFFICE. THE OFFICIAL SIGNED COPY OF THESE MINUTES IS ON FILE IN THE CITY CLERK'S OFFICE. R onda J. March, Vty Clerk Laura . Hall, May CITY COUNCIL APPROVED MINUTES Page 5 August 18, 1992 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 -10:00 p.m. AUGUST 18, 1992 CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (15 Min) (A) ROLL CALL (B) APPROVAL OF MINUTES OF AUGUST 4 AND AUGUST 11, 1992 (C) APPROVE CLAIMS WARRANTS FOR WEEKS OF AUGUST 3 AND AUGUST 10, 1992 AND PAYROLL WARRANTS FOR AUGUST 5, 1992 (D) SET HEARING DATE OF SEPTEMBER 1, 1992 ON RECOMMENDATIONS OF THE HEARING EXAMINER TO APPROVE A PROPOSED SIX -LOT SINGLE-FAMILY PRELIMINARY PLAT FOR PROPERTY ON THE SOUTH SIDE OF 175TH ST. S.W., APPROXIMATELY 700 FEET WEST OF 76TH AVE. W. (APPLICANT: PAUL THOMPSON/JANRIS CONST./FILE NO. P-92-10) (E) FINAL ACCEPTANCE OF WORK BY BLACKLINE, INC. ON THE 1992 SLURRY SEAL PROGRAM AND SETTING THE 30-DAY RETAINAGE PERIOD (F) FINAL ACCEPTANCE OF WORK BY LAKERIDGE PAVING COMPANY ON THE 1992 STREET OVERLAY PROGRAM AND SETTING THE 30-DAY RETAINAGE PERIOD (G) AUTHORIZATION TO REFUND THE 1988 SEWER TREATMENT PLANT BOND ISSUE AND INCLUDE FUNDING FOR THE CITY'S SHARE OF UPGRADING THE LYNNWOOD PLANT PER AGREEMENT SIGNED IN 1987 (from Finance Committee of August 11, 1992) (H) APPROVAL OF SUPPORT EMPLOYMENT POSITION FOR DISABLED WORKER (1) APPROVAL FOR MAYOR TO SIGN CONTRACT WITH PTI ENVIRONMENTAL FOR AN ENVIRONMENTAL AUDIT ON WATERFRONT PROPERTY ($10,000) 2. AUDIENCE 3. (5 Min.) REVIEW EDMONDS VISITORS BUREAU PROMOTIONAL VIDEO 4. (10 Min) PRESENTATION BY JERILYN BRUSSEAU, FOUNDER OF PEACE TABLE ORGANIZATION, ON "PEACETREES CASCADIA" PROGRAM IN PACIFIC NORTHWEST, AUGUST 15 THRU SEPTEMBER 5 5. 6. 7. 8. 9. (30 Min) HEARING ON PLANNING BOARD RECOMMENDATIONS TO DENY A REQUEST TO REZONE APPROXIMATELY .19 ACRES LOCATED AT 612 EDMONDS WAY FROM RS-6 TO BN (APPLICANT: PHILIP BLY / FILE NO. R-1-91) (Scheduled from July 21, 1992) (15 Min.) PROPOSED ORDINANCE AMENDING STREET STANDARDS FOR ALLEYS (5 Min.) MAYOR (15 Min.) COUNCIL EXECUTIVE SESSION ON LABOR NEGOTIATIONS THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE ACCESSIBLE FOR THE DISABLED (An Interpreter for the hearing impaired is available with 24 hours advance notice to the City Clerk at 771-0245)