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09/01/1992 City CouncilFINAL APPROVED MINUTES APPROVED 9/14/92 EDMONDS CITY COUNCIL DRAFT MINUTES SEPTEMBER 1, 1992 The regular meeting of the Edmonds City Council was called to order at 7:00 pm by Mayor Laura Hall. All present joined in the flag salute. Mayor Hall announced that she and the City Council were going to have an executive session until 7:30 pm in the small Library Plaza Room. Mayor Hall and the City Council returned at 7:30 pm and continued the meeting at the Library Plaza Room, 650 Main Street, Edmonds. PRESENT Laura M. Hall, Mayor Jeff Palmer, Council President Steve Dwyer, Councilmember Dave Earling, Councilmember William Kasper, Councilmember John Nordquist, Councilmember Tom Petruzzi, Councilmember Michael Hall, Councilmember ABSENT STAFF Art Housler, Admin. Srvs Dir. Dan Prinz, Police Chief Buzz Buzalsky, Fire Chief Robert Alberts, City Engineer Rob Chave, Planning Manager Noel Miller, Public Works Supt. Jeff Wilson, Planning Supervisor Christine Sidwell, Info/Arts Coord Mike Springer, Asst. Fire Chief Scott Synder, City Attorney Rhonda March, City Clerk Stacey Law, Dep. City Clerk/Recorder Jim Cooper, Student Representative (Jim Cooper previously notified the City Clerk's office of his absence.) CONSENT AGENDA Item (F) was removed from the Consent Agenda. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. THE APPROVED ITEMS ARE AS FOLLOWS: (A) ROLL CALL (B) CITY COUNCIL MINUTES OF AUGUST 25, 1992 (C) APPROVAL OF CLAIMS WARRANTS FOR WEEK OF AUGUST 24, 1992 (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM DONALD R. DAVENPORT ($273.57) (E) APPROVAL OF PUBLIC UTILITY DISTRIBUTION EASEMENT FOR ELECTRICAL FACILITIES ON CIVIC CENTER PROPERTY ADJACENT TO EDMONDS STREET (G) REPORT ON BIDS OPENED AUGUST 17 TO PURCHASE A BACKHOE/LOADER FOR THE STREET PING SECTION AND AWARD OF BID TO N.C. MACHINERY ($54,212.53) 0H) REPORT ON BIDS OPENED AUGUST 17 TO PURCHASE A BACKHOE/LOADER TRAILER FOR STREET �� SECTION AND AWARD OF BID TO TRIAD MACHINERY ($8,905.42) I) REPORT ON BIDS OPENED AUGUST 17 TO PURCHASE A SEWER JET CLEANER FOR THE SEWER SECTION AND AWARD OF BID TO SEWER EQUIPMENT COMPANY OF AMERICA ($64,883.49) (J) APPROVAL OF CABARET DANCE LICENSE APPLICATION FOR BICKFORD'S RESTAURANT AT 23025 100TH AVE W AUTHORIZATION TO PROCEED ON SECOND BOOK DROP FOR LIBRARY REPORT ON BIDS OPENED AUGUST 20 FOR L.I.D. 213 FOR SEWER IMPROVEMENTS AND AWARD OF CONTRACT TO KING CONSTRUCTION ($497 793 66) [ITEM (F) ON THE CONSENT AGENDAI Councilmember Petruzzi asked how the transferring of the $128,000 from Fund 412 will impact the drainage system process. Bob Alberts, City Engineer, said the reason we would rather replace the water line on 220th is because of the construction activity that is already going to be there on 220th. We might as well replace the water line and get the best price because we already have the contractor there. Councilmember Petruzzi asked then in essence by deferring some projects we are going to be saving money now. Bob Albert said that was correct. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE REPORT ON BIDS OPENED AUGUST 20. FOR L.I.D. 213 FOR SEWER IMPROVEMENTS AND AWARD OF CONTRACT TO KING CONSTRUCTION. MOTION CARRIED. Mayor Hall introduced and welcome the Boy Scouts from Troop 838 in the audience. Mayor Hall informed the audience the scouts are working on a badge and will be taking notes during the meeting. AUDIENCE Dorothy Williamson, 703 Main Street, Edmonds, said she wanted to say thanks because she received three phone calls and one letter in response to her letter of August 16, 1992. Ms. Williamson said she would like to have the council relocate the Taste of Edmonds, to have it taken off of 6th Street from Main to Daley. Ms. Williamson stated that it has been there for 10 years and she thinks it is time to change ft. Ms. Williamson stated that "the Council is overlooking our city codes. The code Ms. Williamson is interested in is that of serving alcoholic beverages on city property. Ms. Williamson also stated that most of the merchants were closed on Sunday during the Taste of Edmonds. Mayor Hall said she has been in contact with the Chamber of Commerce and has discussed this issue. It was noted ft is a Chamber function. Mayor Hall suggested that people with concerns about the Taste of Edmonds get in contact with the Chamber. Councilmember Hall asked that everyone be flexible and work together on this, as that is the only way we can work ft out. Council President Palmer asked that everyone get a list of concerns and have it ahead of time for discussion on the September 29, 1992 work meeting. The Chamber representative said they would be ready with reports on September 29. Mayor Hall asked if anyone would like to speak on anything else that is not on the agenda. h� Peggy O'Neil, 611 Bell Street, said she is concerned about the alley that runs along behind the grandstand because it is not paved. She stated this alley is, used by the City more than any resident, and would like to have ft paved. Ms. O'Neil asked that the Council look into this situation. Mayor Hall asked if anyone would like to speak on anything else that is not on the agenda. Roland Johansson, 20916 76th Ave W, would like to protest against the Police Department. Mr. Johansson stated he has received no help for the things that have been done against himself and his family. Mr. Johansson said that the Chief of Police never has time to meet with him, and has never questioned the suspect. Mr. Johansson asked the City Council to ask the Police Department to take up and at least question the suspect. Mayor Hall said she spoke with Chief Prinz and they did refer out the proper information and ft is out of the City of Edmonds' hands. Mayor Hall asked Chief Prinz to comment on this issue. Chief Prinz said he had been personally involved in this investigation since Mr. Johansson came into the department. Chief Prinz stated this investigation involves the theft of some model airplanes and the theft of $12,000. Due to the time lapse of information from Mr. Johansson, there is no way we can place the suspect in the house with the money or afterwards with the money. Chief Prinz said that there has been an extensive investigation, as much of a investigation as we are going to do; and unless we have some new information, there is no reason for us to continue. Mayor Hall asked for any other comments from the audience. CITY COUNCIL APPROVED MINUTES Page 2 September 1, 1992 Stan Dickison, Chamber of Commerce, 121 5th Ave N., said he thought it would be beneficial if Dorothy Williamson and her people that she is working with meet with him and the Chamber President prior to September 29th to see if there are some suggestions from both sides. Mr. Dickison 'said they have considered alternative sites and continue to look for alternative sites. Mr. Dickison asked if Dorothy Williamson would please contact him and arrange a meeting. Mayor Hall said she thought this would be beneficial. Mayor Hall asked for anyone else in the audience that would like to speak. Mike Jones, 611 Bell Street, said he would like to have the primary access to the alley, south of the grandstand, paved. Mr. Jones asked for some consideration on this, since this is hard on upholstery, stereo equipment, and it is a health hazard. As no other member of the audience wished to come forward, Mayor Hall closed the audience portion. PRESENTATION OF EDMONDS ARTS COMMISSION PERFORMING ARTS SCHOLARSHIP TO KEVIN BRADY Mayor Hall introduced Suzetta Glen. Ms. Glen, representing the Edmonds Arts Commission, stated this is the 8th year that they have awarded a scholarship to an outstanding senior who plans to continue the study of dance, music, or performing arts. On behalf of all the commissioners it was her pleasure to award a $500 performing arts scholarship to Mr. Kevin Brady. Kevin Brady thanked everyone and said he appreciated it. HEARING ON INCREASING WATER RATES AND UTILITY TAXES FOR FUNDING THE PUBLIC WORKS FACILITY Councilmember Petruzzi asked why the Agenda Memo said "recommendation none". Art Housler, Administrative Services Director, said the Council, at the August 25, 1992 City Council Meeting, decided that the utility tax would be the source for funding the General Fund portion of the project. Councilmember Petruzzi stated this is not just a Council decision. Councilmember Petruzzi said the Council is going along with the recommendation set forth by Mayor Hall at the August 25 meeting in which she stated she favored an increase in water rate taxes and utility taxes for the purpose of funding the Public Works Facility, whereby Mayor Hall said she felt the public hearing on September 1, 1992 was moving in the right direction. Mayor Hall concurred with Councilmember Petruzzi. Mr. Housler introduced Dick Ehlers, the City's Bond Finance Consultant from Seattle Northwest Securities. Mr. Housler said approximately ten years ago, the City began to look at sites to relocate the Public Works Facility from the downtown area. Mr. Housler stated up to four years ago, the City began acquiring property on 76th and 212th. During the last four years, ending in 1991, the City has acquired six parcels, totalling approximately 4-1/3 quarter acres. Mr. Housler discussed the space needs problems that exist within City buildings. Mr. Housler said one scenario discussed was to move the present location of the Fire Department to the space that would be vacated by Public Works at 200 Dayton. At that point, the Police Department could expand in the space previously occupied by the Fire Department. Mr. Housler said another scenario was to move the Building Maintenance and Ground Maintenance personnel from City Park to 200 Dayton Street, to allow for future park expansion and development Mr. Housler referenced the Water Rate study performed by Mary Hughes, of Yeasting & Hughes Associates. It was previously reported by Ms. Hughes that the rates should be increased by 25% in 1992; 15% in 1993; and 10% in 1994. Mr. Housler said the majority of the Council at that time objected to such a proposal, and after much discussion and deliberation, placed increased rates in effect on May 15, 1992, of 25% in 1992; 11 % in 1993; and 9% in 1994. Mr. Housler said the rates adopted by the Council reflected the deletion of funding for the Public Works Facility, as at that time, the Council did not yet approve construction of the Public Works Facility. The Council said if they decided at a later date to build the Public Works Facility, then the rates could be adjusted accordingly, which was the action taken by the City Council at the August 25, 1992 City Council Meeting. Mr. Housler illustrated on transparencies, his utility tax options: 1) Increasing just the PUD rate from 5-1/4% to 5%; or 2) Increase three of the utilities (gas, telephone, and water) rates from 5-3/4% and PUD from 5.25% to 5.75%. Mr. Housler distributed a photocopy of the transparency to Councilmembers. CITY COUNCIL APPROVED MINUTES Page 3 September 1, 1992 Mr. Housler said the amount of $3.6 million dollars, which is the cost to construct a Public Works Facility, is shared by other operations within a city such as the Street Department, Vehicle or Motor Pool, and Building Maintenance. Mr. Housler said the Combined Utility also owns 64% of the existing building and would share in that portion of the funding for the new facility. The General Fund, which contains the Motor Pool and Equipment Rental, would provide approximately 24% of the funding for the new facility, and the Street Fund would provide approximately 21 % of the funding for the new facility. Mr. Housler said these amounts, based on a Bond Issue of Debt Service Payment of $321,200 would be broken down as follows: Water Rate would need to be increased which would equal to generating $174,200. The Utility Tax would need to be increased to generate $78,500, and the Motor Vehicle Registration Fee would generate $58,500. Council President Palmer asked Mr. Housler to verify that in 1993, the water/sewer bill would reflect a 6-1 /20 increase in water rates monthly, and in 1993, it would reflect a 64¢ increase monthly, and in 1994, it would reflect a 78-1/2o increase monthly. Mr. Housler replied affirmatively. Council President Palmer asked Mr. Housler if he had considered a third option where a portion of the PUD rate would be considered, and Mr. Housler said that has been considered, along with many others. Mr. Dick Ehlers, Seattle Northwest Securities, said the rate increases submitted by Mr. Housler is the minimum rates the City could adopt and still have the City retain its very good "B" Rating on the Water/Sewer Bonds. Mr. Ehlers said it is important that the City retain that rating. Councilmember Dwyer asked Mr. Ehlers, for the benefit of audience members, to address the history of bond interest rates. Mr. Ehlers said a month ago, rates were lower than they have been since early 1977. Mr. Ehlers said because of the sharp decline in interest rates, the City can derive some very good benefits from refinancing bonds that the City issued in 1988 to fund the Sewer Treatment Plant and at the same time, provide for additional financing. Mr. Ehlers said overall, this is an excellent time for cities to borrow. Public Testimony As no member of the audience wished to speak on this subject, Mayor Hall closed the audience portion of the hearing. Council Discussion and Deliberation Councilmember Petruzzi said he wants to make sure the citizens of Edmonds realize that the Mayor and Council are exercising very good judgement in imposing an increase in rates and the utility tax rate in order to build the Public Works Facility. Councilmember Petruzzi said that due to the low rates in the bond market, it is an excellent time to refinance. Councilmember Petruzzi said by refinancing, the City is saving approximately $450,000. Councilmember Petruzzi said as the City of Edmonds owes the City of Lynnwood $1.3 million dollars for Edmonds' portion of the Sewer Treatment Plant, the City could make payments to Lynnwood, who would in turn, charge the City of Edmonds 8% interest. Councilmember Petruzzi said because the rates are so low, the City of Edmonds is going to be able to fund that money through the bond, therefore, by the city raising the Utilities what the Council already anticipated, the City is going to be able to build the Public Works Facility and pay the $1.3 million dollars to the City of Lynnwood, and save $450,000 by refinancing. Mr. Housler said Mr. Voorhees, from Foster Pepper and Shefelman advised him that the City could use the motor vehicle registration fee tax as a source of funding. However, City Engineer, Bob Alberts, advised him that he wouldn't be able to carry out all his street projects if the City used that money. Mr. Housler asked Mr. Alberts to comment. Mr. Alberts said the registration fee is the City's matching fund for the SR-99 project, which is still very questionable on where that project will go. Mr. Alberts recommended using caution in using the motor vehicle registration fee as a funding source. Councilmember Kasper stated Option 1 is the correct option to adopt. Councilmember Kasper said the City assessed all of the utilities to 8% in 1982, and the City was forced by the State to bring them down to 6%, but the City brought them down to 5-1 /4% on PUD and 5-3/4% on others. Councilmember Kasper said this pushed all of the lost tax ability onto the General Fund for the library bond issue. Councilmember Kasper said the irony is now the City is using that same tax differencial for another new facilities construction project. CITY COUNCIL APPROVED MINUTES Page 4 September 1, 1992 Councilmember Dwyer asked Mayor Hall if her_`r'ecomrriendatioi- has changed in light of what Mr. Alberts has said. Mayor Hall said now is the most fair rate in her mind to ramp the rate up to 6% and she doesn't believe it would jeopardize any projects the City Engineer has. Councilmember Dwyer said what he sees is the utility tax share is $78,500, and there are two options for acquiring that: 1) Raise the PUD rate from 5-1/4% to 6%, and 2) Increase in utilities from 5-3/4% to 6%. Councilmember Dwyer said that doesn't make up the $68,500 of the motor vehicle registration fee to the Street Fund. Councilmember Dwyer said the Street Fund is responsible for their 21.35% of the project. Councilmember Dwyer said he would like to discuss.with Councilmembers, which of the two options for the utility tax is the best to garner that $78,500. Councilmember Dwyer said he would like to know what the City is going to do about the Street Fund portion. Councilmember Dwyer said in his view, the Street Fund portion is not going to be paid for by General Fund monies, unless another discussion takes place on what the City is not going to do with the General Fund. Mr. Alberts said the Street Fund, in essence, is the General Fund. Mr. Alberts cautioned against using the motor vehicle registration fee tax for debt payment. Mr. Alberts said another option is an L.I.D. Mr. Housler said another option is to increase all four utilities' tax rate to the full amount of 6%, which would generate approximately $142,000. Councilmember Dwyer said the problem with this is that the utility rate payers are paying disproportionately into the facility. City Attorney Scott Snyder said utility taxes are basically the cost the City charges the Utility to use the public right-of-way. Mr. Snyder said the rationale of the tax is what allows the City to use the General Fund portion to supplement the Street Fund. Councilmember Dwyer said he understands the City can, however, the question is whether the City should. Councilmember Petruzzi asked how much income could be raised if all four utility taxes were raised to 6%. Mr. Housler said using the 1993 figures, it would be raise $142,000. Councilmember Dwyer asked if the question has been resolved from within the Staff as to the effect of using the motor vehicle registration fee. Mr. Alberts, City Engineer, said from what is known right now, he could proceed with less funds, however, that could change, as he does not knows what lies ahead. Mr. Alberts said funding sources could change at any given time for various street projects that are planned. Councilmember Petruzzi asked Mayor Hall if she would rather raise the full taxes to 6% and raise $142,000 or have a mixture of utility tax and motor vehicle registration fees. Mayor Hall said she prefers the latter. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO FUND THE PUBLIC WORKS FACILITY UTILIZING OPTION THREE, WHICH WOULD INCREASE THE COMBINED UTILITY TAXES TO 6% ACROSS THE BOARD. Under discussion, Councilmember Dwyer said the Street Fund should contribute its proportion of 21.35% of the funding. Councilmember Dwyer said he favors another option which would raise the utility tax and dedicating motor vehicle registration fees to the project. Council President Palmer said one of the problem he sees is the cumulative effect of the water rate increase and then also raising the tax as well. As far as the motor vehicle registration fee, Council President Palmer said the City can proceed without it if the City had to, however, the City has to proceed on what is known at the present time. Councilmember Petruzzi agrees with Councilmember Dwyer in his preference of options. Councilmember Kasper said this is all in the General Fund anyway, and feels it is not effective to separate it out at this point. MOTION FAILED with Councilmember Kasper and Councilmember Hall voting yes, and Councilmember Dwyer, Councilmember Earling, Councilmember Nordquist, Councilmember Petruzzi and Council President Palmer voting no. Lee Voorhees, from Foster, Pepper and Shefelman, said in his opinion, the motor vehicle registration fund could appropriately be budgeted and used by the City to pay debt service on the bond, as has been suggested, to defray a part of the cost of the Public Works Facility. CITY COUNCIL APPROVED MINUTES Page 5 September 1, 1992 COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCIL PRESIDENT PALMER, TO FUND THE PUBLIC WORKS PROJECT BY UTILIZING BOTH OPTION 1 OF THE UTILITY TAX OPTION AND THE MOTOR VEHICLE REGISTRATION FEE. - Under discussion, Councilmember Earling said at the August 25, 1992 City Council Meeting regarding this subject, he stated his concerns that he felt the City was looking at to many projects in an isolated situation. .Councilmember Earling said he has had an opportunity to speak with several of the Councilmembers over the last week to state that his concern is regarding the budget process. Councilmember Earling said he would vote in favor of this project, because of the City's space needs, and the favorable interest rates. MOTION CARRIED UNANIMOUSLY. Councilmember Dwyer asked City Attorney Scott Snyder if his motion was sufficient to cover the situation with the water rates, or whether an additional action is needed. As Mr. Snyder suggested another motion to cover this area, COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ADOPT THE STAFF RECOMMENDATION REGARDING THE WATER RATES IN ORDER TO CONSTRUCT THE PUBLIC WORKS FACILITY. MOTION CARRIED UNANIMOUSLY. Staff Report and Recommendation Chief Buzalsky referred to the handout "Washington Public Fire Educators Position on Private Fireworks Use". This article said that on the state level, educators favor banning all fireworks. Chief Buzalsky then said that 50% of injuries occur with legal fireworks. Chief Buzalsky said. that there is no question about it, fireworks create a lot of fire damage and injuries. In his professional opinion, banning is a wise thing to do. Chief Prinz said he saw this as two issues. One is a public safety/property damage issue and the other is a noise/social issue. Chief Prinz stated that it would be a lot easier to ban the fireworks all together, as it is very difficult for the officers to go out and determine what is safe and sane and what is not. Chief Prinz also stated that realistically it will take a couple of years to make an impact on this. Chief Prinz stated that he thinks a total ban is a way to do it. Councilmember Dwyer asked City Attorney, Scott Synder, if shooting off fireworks is a misdemeanor and is jailable. Scott Synder said that there is no jail time but a fine not to exceed $5,000. Public Testimony Phyllis Lewis, 1037 6th Ave. S., said she really wants fireworks banned. Ms. Lewis stated she collected fireworks (previous year) and had enough to fill an entire box. Ms. Lewis also stated she does not think that fireworks are safe or sane. She also thought that even sparklers are not safe for little kids. She cannot see risking property or injury. Reece Lewis, 1037 6th Ave. S., said that 4th of July at his house is a nightmare. Mr. Lewis stated he lives in fear as fireworks fly over his house. Mr. Lewis asked to please ban the fireworks. Linda Clark, 6703172nd PL SW, said that fireworks are -very dangerous and especially in the heavily wooded areas. Ms. Clark said she lives in a place where there are a lot of pine needles and fireworks land in these dry pine needles. Ms. Clark also said she and her husband are not able to leave their home during this holiday for fear it might be set on fire and nobody would be there. Ms: Clark provided a photograph to the City Clerk which was identified as Exhibit 1. Herman Beela, 11920 216th SW, said he experienced illegal fireworks and he thinks they all should be banned. Mr. Beela presented three photographs of illegal fireworks on the roof of the Seattle Skating Club, which were entered as Exhibit 2. Don Bartholomaus, Chamber of Commerce, asked if the fireworks display was banned. He was informed that it was not. CITY COUNCIL APPROVED MINUTES Page 6 September 1, 1992 As no other member of the audience wished to come forward, Mayor Hall closed the audience portion. Council Discussion and Deliberation Council President Palmer stated he thought it was significant that in this City of 30,000 people, not one person comes forward speaking against this ban. Council President Palmer said it is also significant that every person speaking tonight, including the Police and Fire Chiefs', think that this ban is the right thing to do. Council President Palmer asked Scott Synder if there was any action that needed to be taken regarding this. Scott Synder responded that there was not, but that it could be reaffirmed. COUNCIL PRESIDENT PALMER MOVED TO REAFFIRM OUR ORDINANCE 2888, SECONDED BY COUNCILMEMBER PETRUZZI. MOTION CARRIED with Councilmember Dwyer voting no. HEARING ON PLANNING BOARD RECOMMENDATIONS TO APPROVE A REQUEST TO REZONE APPROXIMATELY .42 ACRES LOCATED AT 18918 80TH AVE. W FROM RS-12 TO RS-8 (APPLICANT: RICHARD MARIN/FILE NO. R-92-69) Staff Report and Recommendation Jeff Wilson, Planning Supervisor, stated that the Planning Board held a meeting on the application on July 8, 1992, and at that meeting they reviewed the staff's recommendation and report with a recommendation for denial. After consideration of materials supplied by the applicant and staff, the Planning Board developed a recommendation to the City Council to approve the proposed rezone request. Mr. Wilson stated that property across the street from the applicant's property is currently RS-8. He also stated that there are some lots immediately to the South of the applicant's property and adjacent to the applicant's property which are segregated into lots that are less than RS-12 standards. The Planning Board had no opposition to this. Councilmember Kasper asked if the lots to the south prior to October 1985 was due to zoning or annexation. Jeff Wilson responded that the property was rezoned. Public Testimony Applicant, Richard Marin, 18918 80th W, said that his lot served as a commercial nursery prior to 1965. Mr. Marin explained that he shares a common boundary with three other 8,000 square foot lots that have homes on them. Mr. Marin explained 5 lots out of 17 are 8,000 square feet lots, that is 47% of the lots on the block. Mr. Marin also said that there is a house built in the last six months on a 8,000 foot lot, so in fact there has been a significant change in the area in the last twenty years that would warrant a review of the current zone designation. Mr. Marin further contended that twenty years ago when his block became part of the City no significant evaluation process took place on zoning, other than to say that there is a RS-12 size zone. Mr. Marin further explained that had they noticed that two other lots had already been subdivided into four RS-8 size lots they might have done something different; there is nothing in the language of the comprehensive plan that provides any distinguishing difference between RS-8 and RS-12 other than size. Mr. Marin said that with the Growth Management Act, he felt that with rezoning his lot it would make it possible for a younger family to buy a lot where there are adequate city services. Mr. Marin then asked the Council to grant his rezone request. Darryl Moen, 18829 81st Ave W., said he is opposing this rezone. Mr. Moen lives two lots North and one lot West in lot 11. Mr. Moen said that Mr. Marin is proposing to build in his back yard. Mr. Moen said he thought that because of the size of the driveway he doesn't see how they meet the size requirement. Mr. Moen stated he didn't want this built in his back yard, once someone does this it will spread. Per Naess, 18919 81 st Ave W., said he also opposes the change from RS-12 to RS-8 because there are so many others with the same idea. He hopes the Council will not grant the rezone request. As no other member of the audience wished to come forward, Mayor Hall closed the audience portion. CITY COUNCIL APPROVED MINUTES Page 7 September 1, 1992 Council Discussion and Deliberation Councilmember Petruzzi said that they were talking about a rezone. Not how he can lay out the lots. Mr. Marin will still have to go through an approval process. Councilmember Petruzzi said that he did not feel that this rezone would affect the overall characteristic of the neighborhood, in that there are adjacent lots both South and East currently zoned RS-8, and it would create more affordable housing. Councilmember Petruzzi also thought that with the Growth Management Act that this is more palatable than waiting until a county board mandated even more dense zoning requirements in our city. Councilmember Petruzzi said he supports Mr. Marin's request for a rezone. Councilmember Earling said he couldn't support the Planning Board's decision on this. Councilmember Earling thought we should have everything in order with the Growth Management Act and Revised Comprehensive Plan before we begin spot rezoning in neighborhoods. Council President Palmer said he thought that the applicant had not met the burden of proof as far as meeting the criteria of the rezone. He stated he thought that there had not been a significant change to warrant a rezone. Council President Palmer felt that it would result in the domino effect, and the traffic and the other effects would be detrimental. Councilmember Hall said he didn't see how this could be detrimental to the neighborhood when you already have a lot of subdivided lots already. Councilmember Hall said that he didn't think that the Growth Management Act is not going to solve all of the problems, and why wait until it gets here. Councilmember Hall also said he hated to tell somebody what to do with his own land. Councilmember Petruzzi repeated his concerns about the possibility of future mandated densities under the Growth Management Act. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER HALL, TO SUPPORT THE PLANNING BOARD'S RECOMMENDATION TO APPROVE THE REQUEST FOR REZONE, OF APPROXIMATELY .42 ACRES LOCATED AT 18918 80TH AVE WEST FROM RS-12 TO RS-8. COUNCILMEMBERS PALMER, EARLING, KASPER, AND NORDQUIST VOTED AGAINST AND COUNCILMEMBERS DWYER, HALL, AND PETRUZZI FOR. MOTION FAILED. COUNCIL PRESIDENT PALMER MADE A MOTION TO DENY THE APPLICATION, SECONDED BY COUNCILMEMBER KASPER. MOTION CARRIED. HEARING ON HEARING EXAMINER RECOMMENDATIONS TO APPROVE A PROPOSED SIX -LOT SINGLE- FAMILY PRELIMINARY PLAT FOR PROPERTY ON THE SOUTH SIDE -OF 175TH ST SW, APPROXIMATELY 700 Q FEET WEST OF 76TH AVE W. (APPLICANT: JANRIS CONSTRUCTION PAUL THOMPSON/FILE P-92-10) Before commencement of the staff report, Council President Palmer said that while this application is in his general neighborhood he had not seen or heard anything of it until he saw his packet over the weekend, and has not had any communication with his neighbors. Councilmember Earling disclosed that Dr. & Mrs. O'Brien were clients. Scott Synder advised Councilmember Earling to step down and he did. Councilmember Earling did not vote on this matter. Councilmember Kasper stated Mr. O'Brien was his family physician, but had no communication with him on this subject. There were no objections. Due to Councilmember Petruzzi's personal property being in such close proximity to the proposed development, and in response to Councilmember Petruzzi's inquiry Scott Synder advised him to step down and remove himself from this discussion. Councilmember Petruzzi did not vote on this matter. Staff Report and Recommendation Jeff Wilson, Planning Supervisor, stated that the Hearing Examiner held a public hearing for this matter on July 2, 1992, with a staff advisory report and the recommendation of approval, subject to certain recommendations. Mr. Wilson stated that the site is currently vacant and is being used as a pasture. Mr. Wilson said that one of the mitigation measures also included in the project was a pedestrian trail to run from 175th Street SW to the Southwest County Park. In that mitigation measure it was identified that a pedestrian trail would run adjacent to the West property line adjacent to lots 5 and 6, then running to the SW County Park. CITY COUNCIL APPROVED MINUTES Page 8 September 1, 1992 Mr. Wilson stated he met with Mr. Thompson and Mr. Thompson said he was able to provide alternatives which resulted in minor redesign of the lot lines for some of the lots in the plat to allow access from the end of the cul de sac street to SW County Park. Councilmember Kasper stated his concerns about the privacy of the backyards on these lots. AS A PROCEDURAL MATTER, COUNCILMEMBER DWYER MOVED TO EXTEND THE MEETING BEYOND 10:00 PM. SECONDED BY COUNCILMEMBER PETRUZZI. MOTION CARRIED. Council President Palmer said that on page 3, item B of the packet, refers to a 10 foot wide public pedestrian easement, the next page refers to a minimum 6 foot wide path, and he wanted to confirm that it will be 10 feet wide. Jeff Wilson said that it will be 10 feet wide with a 6 foot developed portion. Council President Palmer wanted to make sure it was clear that any public path leading into a park is access for anyone, not just the neighborhood. Councilmember Kasper said he was concerned about pedestrian access to the East. Jeff Wilson advised Mr. Kasper that there will be curb and sidewalks installed across the plat. Public Testimony Applicant, Paul Thompson, 18912 86th PI W., said that he has tried to comply with all the City requirements, and worked with the Planning Supervisor, Jeff Wilson. He also stated that he has worked with the neighbors and the O'Briens so it would not infringe on their property rights. Mr. Thompson said that he wanted to clarify the use of the word "neighborhood', and he understands that this path is for the general public. Vern Bower, 15425 Broadway Ave, Snohomish, said that he is the engineer for this project. Mr. Bower said that the off -site improvements were not brought up except for the problem that exists on the North side of 175th, and he. is working to correct that. As no other member of the audience wished to come forward, Mayor Hall closed the audience portion. Council Discussion and Deliberation COUNCILMEMBE14 DWYER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ADOPT THE RECOMMENDED ACTION FROM THE COUNCIL PACKET. MOTION CARRIED. MAYOR Mayor Hall said she had two liquor license applications. The first one is for Portofino Pizza & Spaghetti House. Paula Gotsis is President of the Corporation and Wally Tribuzio, Assistant Police Chief, recommends approval of the application. This is beer and wine only. Mayor Hall said the next one is Pharos Corporation, Romeo's Pizza. Mayor Hall said she knows nothing about the operation of this business, and the Police Department is not able to contact anyone, therefore a recommendation cannot be made at this time. May Hall said regarding the Transportation Commission, she had contacted Brian Sullivan, Mayor of Mukilteo, and they signed a joint letter and had not heard a reply. �l Mayor Hall said she inquired at a staff meeting with Community Services about the pool. The handicap lift unit ►J' did arrive, but had to be sent back, and it would be at least another month before it gets here. COUNCIL Councilmember John Nordquist passed. Councilmember Tom Petruzzi said that Snohomish County will be holding a retreat on September 11-12, and asked who from the City will be attending the retreat. Mayor Hall said she will be there as much as possible. CITY COUNCIL APPROVED MINUTES Page 9 September 1, 1992 Councilmember Dwyer passed. Councilmember Kasper passed. Councilmember Earling said that Fire Chief Buzz Buzalsky gave a presentation to the Rotary Club regarding his trip to Barcelona, and it was really good. He said we should be really proud of him. Council President Palmer wanted to thank Buzz for the momento he brought the Council. Council President Palmer said he is providing a letter to legal council that was sent to his attention from Cascade Geotechnical. Council President Palmer noted he attended the Vela Luka Croation Dance presentation held at the City Park. He said it was a wonderful time. Council President Palmer said that they had to increase the size of the stage, and he thinks one of the things to think about is the possibilities of a permanent stage. Councilmember Hall said he seconded what Councilmember Earling said about Buzz Buzalsky. He also thought he would like to take some time to hear more about it. With no further business, Mayor Hall adjourned the meeting at 10:28 pm. our M. a Mayor ';o �a4arRF7 it ler CITY COUNCIL APPROVED MINUTES Page 10 September 1, 1992 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 -10:00 p.m. SEPTEMBER 1, 1992 SPECIAL MEETING 7:00 P.M. - EXECUTIVE SESSION FOR LABOR NEGOTIATIONS CALL TO ORDER - 7:30 P.M. FLAG SALUTE 1. CONSENT AGENDA (15 Min.) (A) ROLL CALL (B) APPROVAL OF MINUTES OF AUGUST 25, 1992 (C) APPROVAL OF CLAIMS WARRANTS FOR WEEK OF AUGUST 24, 1992 (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM DONALD R. DAVENPORT ($273.57) (E) APPROVAL OF PUBLIC UTILITY DISTRIBUTION EASEMENT FOR ELECTRICAL FACILITIES ON CIVIC CENTER PROPERTY ADJACENT TO EDMONDS STREET (F) REPORT ON BIDS OPENED AUGUST 20 FOR L.I.D. 213 FOR SEWER IMPROVEMENTS AND AWARD OF CONTRACT TO KING CONSTRUCTION ($497,793.66) (G) REPORT ON BIDS OPENED AUGUST 17 TO PURCHASE A BACKHOE/LOADER FOR THE STREET SECTION AND AWARD OF BID TO N.C. MACHINERY ($54,212.53) (H) REPORT ON BIDS OPENED AUGUST 17 TO PURCHASE A BACKHOE/LOADER TRAILER FOR STREET SECTION AND AWARD OF BID TO TRIAD MACHINERY ($8,905.42) (1) REPORT ON BIDS OPENED AUGUST 17, 1992 TO PURCHASE A SEWER JET CLEANER FOR THE SEWER SECTION AND AWARD OF BID TO SEWER EQUIPMENT COMPANY OF AMERICA ($64,883.49) (J) APPROVAL OF CABARET DANCE LICENSE APPLICATION FOR BICKFORD'S RESTAURANT AT 23025 100TH AVE. W. (K) AUTHORIZATION TO PROCEED ON SECOND BOOK DROP FOR LIBRARY 2. AUDIENCE 3. (5 Min.) PRESENTATION OF EDMONDS ARTS COMMISSION PERFORMING ARTS SCHOLARSHIP TO KEVIN BRADY 4. (30 Min.) HEARING ON INCREASING WATER RATES AND UTILITY TAXES FOR FUNDING THE PUBLIC WORKS FACILITY 5. (15 Min.) HEARING ON ORDINANCE 2888 BANNING FIREWORKS EFFECTIVE 1993 (From, July2,1992) 6. (30 Min.) HEARING ON PLANNING BOARD RECOMMENDATIONS TO APPROVE A REQUEST TO REZONE APPROXIMATELY .42 ACRES LOCATED AT 18918 80TH AVE. W. FROM RS-12 TO RS-8 (APPLICANT: RICHARD MARIN / FILE NO. R-92-69) 7. (30 Min.) HEARING ON HEARING EXAMINER RECOMMENDATIONS 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: JANRIS CONST., PAUL THOMPSON/FILE NO. P-92-10) 8. (5 Min.) MAYOR 9. (15 Min.) COUNCIL 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)