Loading...
05/05/1987 City CouncilTHESE MINUTES SUBJECT TO MAY 12, 1987 APPROVAL 1 The regular Naughten in lute. PRESENT EDMONDS CITY COUNCIL MINUTES MAY 5,1987 meeting of the Edmonds City Council was called to order at 7 p.m. by Mayor Larry the Plaza Meeting -Room of the Edmonds Library: All present, joined.:in.the. flag sa- Larry Naughten, Mayor Jack Wilson, Council Pres. Steve Dwyer Laura Hall Bill Kasper John Nordquist Lloyd Ostrom Tony Russell, Student Rep. ABSENT STAFF PRESENT Jo -Anne Jaech Mary Lou Block, Planning Div. Mgr. Peter Hahn, Comm. Svc. Director Bob Alberts, City Engineer Bobby Mills, Public Works Supt. Jack Weinz, Fire Chief Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Councilmember Dwyer arrived a few minutes late and did not vote on the Consent Agenda. CONSENT AGENDA Items (B) and (D) were removed from the Consent Agenda. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include.the following: (A) ROLL CALL (C) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FODAMA.GES FROM SEAN WILLIAM PIELOW ($250) (E) SET MAY 19, 1987 FOR HEARING ON PLANNING BOARD RECOMMENDATION FOR PROPOSED REZONE OF PROPERTIES LOCATED ON THE SOUTHEAST CORNER OF 84TH. AVE. W. AND 212TH ST. S.W. FROM RM-2.4 TO BN (R-2-87/JIM GRAVES, ET. AL.) (F) AVE. W REPOROANDBIDS AWARDOPENED CONTRACT3TO BERTFOR ROBISONWATER CONSTRUCTIONSTREET ($291,435IMPROVEMENTS 80TH INCLUDING SALES TAX) (G) AUTHORIZATION TO SURPLUS 1979 FORD VAN AID UNIT APPROVAL OF MINUTES OF APRIL 21 AND APRIL 28, 1987 [ITEM (U) ON THE CONSENT AGENDA] Councilmember Kasper inquired whether approval of the April 28.'minutes should be deferred to a future date. He noted that Community. Services Director Peter Hahn had mentioned that the Council may wish ,that verbatim minutes -be prepared. Councilmember Nordquist noted that a statement was omitted which was made by Councilmember Hall to the effect that "Lynnwood is building a humungous plant on one side of 99 and Edmonds on the other side when we already share one to the north and where we have other districts to the south of us", noting that it was a regional issue.•. He said that excerpts of the meeting that were not reflected in the minutes could be referenced if verbatim minutes were prepared.. Councilmember Kasper said he was uncertain if verbatim minutes�.were necessary but was not pre- pared to approve the minutes without first listening to the tapes of that meeting. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO DEFER APPROVAL OF THE APRIL 28, 1987 MINUTES UNTIL MAY 12, 1987. MOTION CARRIED. Councilmember-Hall requested'that the incident of a bomb threat made upon her be included on page 12 of the April 21, 1987 minutes. COUNCILMEMBER HALL MOVED,. SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE THE APRIL 21, 1987 MINUTES AS AMENDED. MOTION CARRIED. APPROVAL OF PURCHASE Or INSTALLATION/MODIFICATION OF RADAR UNIT FOR FIRE BOAT ($5,299.25) Councilmember Kasper noted that the funds for the radar unit for the fire boat were not in the budget but it was explained to him that the funds had been included in the preliminary budget but were cut from the final budget. Fire Chief Jack Weinz added that the request for the radar equip- ment and installation was included in the preliminary budget. However, the fire/rescue boat was eliminated from the budget but was later funded and he assumed that included radar equipment. Councilmember Kasper inquired if the radar would be used in foggy weather or to detect and appre- hend other boats. Chief. Weinz .said. the radar.will be used in limited visibility conditions and emergency situations. Councilmember Nordquist inquired about the scope of service of the fire boat. Chief Weinz said the fire boat will respond to fires and life threatening situations within the jurisdiction of the City of Edmonds, which is designated by the north and south boundaries out to mid channel. Councilmember Nordquist said it was his understanding that the Coast Guard wishes to reduce their services and consign a percentage to local jurisdictions: Chief Weinz affirmed his understand- ing. Councilmember Nordquist suggested that the Coast Guard allocate funds to the local jurisdic- tions for those services. Chief Weinz said a meeting is scheduled on May 12 to discuss those issues. He noted that the Coast Guard wishes to reduce services because of a limited budget, and it is not likely that they would be willing to help local jurisdictions with funding. *Councilmember Kasper stated his opposition to the fire/rescue boat. He said the boat should be manned under the control of the Port of Edmonds and not the City. COUNCILMEMBER D.WYER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE ITEM (D). MOTION CARRIED WITH COUNCILMEMBER KASPER OPPOSED. Mayor Naughten noted that a Scout troop was in attendance at the meeting. The Scout leader iden- tified the troop as Troop 265 of Edmonds. Councilmember Hall raised a point of order. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, TO CONVENE AN EXECUTIVE SESSION FOLLOWING ITEM #8 ON THE AGENDA TO DISCUSS A POTENTIAL LAND ACQUISITION. MOTION CARRIED WITH COUNCILMEMBER DWYER AND COUNCILMEMBER OSTROM OPPOSED. AUDIENCE Mayor Naughten opened the audience portion of the meeting. Jeff Palmer, 17510 - 76th Ave. W., offered a recommendation for the Council's consideration. He said several counties have used balloting by mail very successfully. He compared costs, using 1984 figures, as follows: primary or general election - $3-$4 per vote cast; mail -in ballot - $1.64 per vote cast. Mr. Palmer said the turnout for regular and special elections have been approximately 25% whereas mail -in ballots average a 52% to 53% response. Mayor Naughten closed the public portion of the hearing. SECOND HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PROPOSED CONCOMITANT ZONING AGREEMENT - - -- --. ­nr �gKin AWE .1 Amn 919TW Staff distributed a packet of information to the Council (which was later described as a petition from adjoining resident's). Planning Division Manager Mary Lou Block reported that on March 25, 1987, the Planning Board reviewed and approved the enclosed concomitant zoning agreement proposed by Edmonds Associates (also known as Allied Building Products, Inc.) in conjunction with the anticipated annexation of their property located at 72nd Ave. W. and 212th St. S.W. to the City of Edmonds. On March 31, 1987,1the City Council held a first hearing on the matter. Since State law requires two hearings on preannexation zoning, the item was scheduled before the Council for a second hearing. In the interim, the project has been reviewed and approved by the Architectural Design Board (ADB). Ms. Block said Staff recommends that the Council accept the proposed project and ADB approved site plan and instruct the City Attorney to prepare an ordinance which incorporates the concomi- tant zoning agreement and establishes preannexation zoning for that area. Councilmember Kasper raised a point of order. He said he objected to receiving the packet dis- tributed to the Council during the meeting. *See Council Minutes of May 12, 1987 EDMONDS CITY COUNCIL MINUTES Page 2 MAY 5, 1987 F Mayor Naughten inquired about the packet contents. Ms. Block said it was the neighborhood peti- tion. Councilmember Ostrom observed that the petition was received by the City on April 8. He inquired why it was not included as part of the Council packet. Ms. Block said the information was only a petition and was not voluminous material. She said she intended to briefly address the petition and circulated the petition for the Council's benefit. Ms, Block said the petition was not in- cluded in the Council packet because she thought it might change the focus of the hearing. Councilmember Hall suggested that the Council take a few moments to review the petition as a courtesy to those people who signed it. City Attorney Scott Snyder clarified that the proceeding before the Council was legislative and not quasi-judicial. Ms. Block referred to Exhibit A, Process and timetable for Review of Concomitant Zoning and Archi- tectural Design Issues. She said the proposed annexation and proposed building permit is being processed by Snohomish County with input from the City. A meeting is scheduled on May 8, 1987 with both entities to review the SEPA determination. Ms. Block referred to the petitions from Aldercrest Nursing Home and Madison House, which ad- dressed concerns regarding traffic impacts. She said the Mayor and Staff members met with those residents to discuss their concerns, as did the applicant on a separate occasion. Councilmember Dwyer inquired about the result of those meetings. Mayor Naughten said the resi- dents were assured at the conclusion of the meeting that the impact would not be as devastating as they had believed it would be. They preferred that a warehouse be constructed on the property rather than a retail use which would generate a high volume of traffic. He noted that Allied Building Products demonstrated to the residents the truck volume and noise impacts. Mr. Snyder said he would. review normal regulator procedures regarding truck traffic at the close of the hearing if the Council desired. Edwin Reife, Allied Building Products, said John Olson, branch manager, and Robert Heller, attorney, had accompanied him to the meeting. Mr. Reife said the company was a community -conscious company. He said he believes that the ADB requirements have been satisfied. Mr. Reife added that he met with Snohomish County repre- sentatives, reviewed the project with them, and the requirements made by the County have been met. Mr. Reife said he has not had an opportunity to review the petitions. Ms. Block provided Mr. Reife with a copy of the petitions. Mr. Reife said representatives of the company met with the, residents. of Aldercrest Nursing., Home and Madison House to discuss their concerns and followed the meeting up with a letter con- firming the issues discussed at that meeting. He said it was his understanding that the parties were in agreement. Mayor Naughten opened the public portion of the hearing. Vince Responte,. 840 - 171st P1. N.E., Bellevue, owner of the 212th Medical Center, requested that a rendering of the project be made available for his review. Mr. Reife reviewed a plot plan with Mr. Responte. Mayor Naughten recommended that Mr. Responte contact the City Plan- ning Department for further details. Councilmember Dwyer suggested that Mr. Reife and Mr. Responte discuss the details amongst themselves at the close of the hearing. Mr. Heller explained that the letter sent by Allied Building Products to the participants of the meeting held at Madison House was included in the Council packet because of a request he had made of the City Clerk. He said the issues of traffic impact were reviewed at that meeting and an actual demonstration was made at that time. He said the consensus of the residents was that the impact was minimal. Mr. Heller said a clockwise circulation pattern will be used which will minimize traffic volumes. He noted that Allied Building Products has agreed to widen 72nd Avenue. Councilmember Kasper inquired about the status of the jog in the street. City Engineer Bob Al- berts said the road, at the widest point, is 36 feet and will remain a two-lane road. The applicants are requested to widen the road to a minimum of 30 feet, and at the time that the area develops that it be further widened to 36 feet and that curbs., gutters, and a sidewalk be provid- ed. EDMONDS CITY COUNCIL MINUTES Page 3 MAY 5, 1987 Councilmember Ostrom inquired if Aldercrest Nursing Home and Madison House were notified of the hearing. Ms. Block replied affirmatively. Councilmember Kasper inquired if the Park 212 Homeowners' Association has made any comments in connection with the proposed project. Ms. Block said representatives of the association attended the aforementioned meeting and signed the petition. She noted that the petition was received by the City prior to that meeting. Community Services Director Peter Hahn clarified, for the audience's_ benefit, that Snohomish County is the lead agency with respect to the SEPA determination. fie referred any inquiries in that regard to the County Planning Department. Councilmember Kasper noted that the proceeding before the Council was the final review. However, the County would still have further input. Mr. Hahn concurred. Ms. Block noted that an ordi- nance drafted by the City Attorney would be subject to Council review. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER WILSON, TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE WHICH INCORPORATES THE CONCOMITANT ZONING AGREEMENT AND .ESTABLISHES PREANNEXATION ZONING FOR THE AREA. Councilmember Ostrom inquired about the regulatory procedures with respect to truck traffic. Mr. Snyder said there are available a variety of tools to adjust the traffic pattern.even after com- pletion of the project. *Mr. Snyder noted that the proceeding before the Council at the present time was the final step short of adopting the ordinance and annexing the property. He said under the agreement, Adminis- tration will be authorized, after Council action and adoption, to issue a letter committing utili- ty services to the project. Councilmember Kasper said he understood that the Council may determine the annexation period at their discretion. Mr. Snyder concurred. He said a memorandum of understanding has been drafted and included in the agreement which states that if it is necessary to execute a new petition at some later date in order to add property, delete property, or change boundaries, the applicant will execute that agreement. MOTION CARRIED. (The complete report of the Planning Board is available in the Planning Depart- ment.) HEARING ON HEARING EXAMINER RECOMMENDATION TO VACATE. NORTHERLY 120 FEET OF, UNDEVELOPED RIGHT- OF-WAY OF 7TH AVE. S. SOUTH OF FIR STS T.T-4-86/SHIRLEY ABRAHAMSON Planning Division Manager Mary Lou Block reported that in September of 1986, Shirley. Abrahamson applied to short subdivide her property at 640 Fir Street into two lots. Because 7th Ave. S.. is unopened immediately east of her property, she was faced with improving that right-of-way in conjunction with the subdivision of her property. Rather than developing the right-of-way, Ms. Abrahamson and the property owner on.the east side of 7th Ave. S. petitioned the City to vacate the right-of-way. On December 18; 1986, the Hearing Examiner held a public hearing on the petition of Shirley Abrahamson and Dwight Jackson to vacate the northerly 120 feet of 7th Ave. S. south of Fir Street. The Hearing Examiner, in his report dated January 5, 1987, recommended approval of the requested street vacation subject to a number of conditions, including compensation to the City for vacating the right-of-way. Ms. Block said it is Staff's recommendation to adopt the Hearing Examiner's recommendation to approve street vacation ST-4-86 subject to the conditions listed in the Hearing Examiner's report. The conditions shall be set forth in a covenant to be recorded with the Snohomish county Auditor. The City Attorney will prepare the necessary ordinance and covenant. Mr. Block reviewed the Hearing Examiner's recommendation as follows: "Based on the preceding Findings of Fact and Conclusions, the testimony and evidence submitted at the public hearing, and upon the impressions of the Hearing Examiner at a site review, it is hereby recommended that the City Council approve the vacation of the northern 120 feet of undeveloped right-of-way of 70 Avenue South south of Fir Street in the City of Edmonds. This right-of-way should be vacated subject to the following conditions: 1) the City shall be paid compensation for the vacated right-of-way based upon the formula of 75% of the assessed value of the adjacent properties; 2) the. right-of-way shall be required to be maintained i.n its present natural state; 3) the *See Council Minutes of May 12, 1987 EDMONDS CITY COUNCIL MINUTES Page 4 MAY 5, 1987 right-of-way should be vacated and divided with half of the vacated property going to the appli- cant Abrahamson and half of the vacated property going to the applicant Jackson; 4) the lots which will be enlarged by the vacated right-of-way shall have minimum side yard setbacks of 35 feet; 5) should the City decide to use its power of eminent domain to reopen the right-of-way in the future, the value of compensation to be paid by the City to the property owners shall be the same amount paid to the City for the vacation of the right-of-way.. In addressing the Hearing Examiner's recommendation #5, City Attorney Scott Snyder stated that the State ordinance which authorizes vacations permits the City to reserve certain easement rights in that vacation, but among those is.not the right to.limit,an individuals constitutional right to fair compensation upon a later acquisition. Mr. Snyder recommended, if the City antici- pated that some time in the future it may wish to acquire the right-of-way and is concerned about the 75% assessed acquisition cost, that #5 be deleted and that the Council instruct him to re- serve the maximum easement rights that would be available, Based upon Mr. Snyder's recommendation, Ms. Block recommended that a pedestrian easement be re- tained through the right-of-way. Councilmember Dwyer expressed concern that Dwight Jackson and Chris Keuss were indicated in the introduction of the Nearing Examiner's report as presenting testimony and evidence but no testimony or evidence are indicated in the record by those gentlemen: Councilmember Ostrom expressed concern that the Hearing Examiner's. report states that no adverse testimony was received and questioned that statement. Councilmember Kasper said he was unable to follow the Hearing Examiner's Conclusions because he felt further information was necessary. Ms. Block clarified that the sign-up sheet does not necessarily mean that people who signed it testified, but they could have been in attendance and desired to receive a copy of the Hearing Examiner's report. Councilmember Kasper noted that the report states that four individuals pre- sented testimony and evidence. Councilmember Nordquist inquired about access points to the subject property. Ms. Block reviewed access via a vicinity map on the overhead projector. Councilmember Kasper noted that there are undeveloped parcels adjacent to the subject property. He inquired if letters have been received by the City that the vacation is not objectionable. Ms. Block replied negatively. Mayor Naughten opened the public portion of the hearing. Shirley Abrahamson, 19528 - 36th Ave. N.E., Seattle, said the vacation is only for lot #1. She said she also owns lot #2 but does not intend to develop that parcel. She said a street will be provided to adjoin the dead end if lot #2 is subdivided -in the.future. Councilmember Kasper inquired who owned the property across the street from lot #2. Ms. Abrahamson replied Dwight Jackson. Ms. Abrahamson clarified that Mr. Keuss owns property several blocks away from the subject property and was only interested in the committee's action with respect to creeks and streams. Mayor Naughten -inquired if Mr. Keuss testified at the hearing before the Hearing Examiner. Ms. Abrahamson said lie asked questions regarding the creeks in the surrounding area. Mayor Naughten closed the public portion of the hearing. Councilmember Dwyer inquired why the City was not concerned about vacating the right-of-way. Ms. Block said access points are available for all affected areas. She added that Staff determined that it was desirable to retain the stream rather than asphalt it: Councilmember Kasper inquired about the number of homes in existence south of the street vacation to Elm. Ms. Block replied ten. Councilmember Kasper inquired how a turnaround would be provid- ed. Ms. Block said the Engineering Department has determined that a turnaround could be provided in the existing right-of-way. She said the street improvements would be designed at the time of development. Councilmember Wilson inquired about the Fire Department's comments with respect to an alternate access for 7th Ave. Ms. Block said the Fire Department had not set forth any requirements. EDMONDS CITY COUNCIL MINUTES Page 5 MAY 5, 1987 Councilmember Kasper said he would not vote in favor of vacation of the right-of-way unless a street easement, as well as an easement for the "other property", was required by the City as part of a covenant. Mr. Snyder noted that the City could require, in lieu of monetary compensa- tion, an equivalent square footage of land as compensation. Councilmember Dwyer inquired if the entire right-of-way must be vacated. Mr. Snyder replied negatively. COUNCILMEMBER KASPER.MOVED, SECONDED BY COUNCILMEMBER DWYER, TO ADOPT THE HEARING EXAMINER RECOM- MENDATION AND FINDINGS OF FACT AND REQUIRE THAT THE PROPERTY OWNER OF THE SOUTHERLY LOT N2, AS WELL AS THE PROPERTY OWNER ACROSS THE STREET IN AN EASTERLY DIRECTION, PROVIDE A DEED FOR A FU- TURE CUL-DE-SAC AS REQUIRED TO SERVE ALL OF THE PROPERTIES ON THE STREET. Councilmember Ostrom referred to the Hearing Examiner's Findings of Fact N4, noting that the criteria of the Edmonds Community Development Code 20.70.020 (B) was not enumerated. He said the Hearing Examiner's report was hastily formulated and was unclear. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO AMEND THE MOTION TO INCLUDE A RE- QUIREMENT THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT THE ORDINANCE SUCH THAT THE CITY RESERVES SURFACE AND SUBSURFACE EASEMENTS, AS WELL AS A PEDESTRIAN EASEMENT, ACROSS THE VACATED PROPERTY. Mr. Snyder suggested, in the interest of adding certainty to the Council's final decision, that the Council continue the hearing to a future date at which time he would present an ordinance plus a design drafted by the City Engineer of a precise legal description .of,.the, property. to be dedicated as additional right-of-way for the cul-de-sac. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO FURTHER AMEND THE MOTION THAT THE COUNCIL'S DECISION BE DEEMED TENTATIVE AND CONTINUE THE MATTER TO MAY 12, 1987. THE AMENDMENT TO THE MOTION CARRIED. THE MAIN MOTION, AS AMENDED, CARRIED WITH COUNCILMEMBER OSTROM ABSTAINING BECAUSE THE FINDINGS WERE NOT CLEAR. Staff requested additional time to prepare the information suggested by Mr. Snyder. COUNCILMEMBER DYWER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO CONTINUE THE MATTER TO MAY 19, 1987. MOTION CARRIED. (The complete report of the Hearing Examiner is on file at the Plan- ning Department.) HEARING ON HEARING EXAMINER RECOMMENDATION TO VACATE EASTERLY 20._FEET-OF UNDEVELOPED RIGHT -OF - Planning Division Manager Mary Lou Block'reported that in 1980, Wesley Hansen dedicated the westerly 30 feet of his property to the City of Edmonds, as required by the Official Street Map, as a condition of approval of a two -lot subdivision of his property at 23627 - 78th Ave. W. The City amended the Official Street Map in 1985 to reduce the proposed right-of-way for 78th Ave. W. between 236th St. S.W. and 238th St. S.W. from 60 feet to 40 feet. That action prompted the request to return the easterly 20 feet of right-of-way dedicated by Mr. Hansen. On February 19, 1987, the Hearing Examiner held a public hearing on the street vacation request. The Hearing Examiner issued his report on May 6, 1987 recommending approval of the street vaca- tion. Ms. Block said Staff recommends adoption of the Hearing Examiner's Findings and Recommendation to approve ST-1-87. Since Mr. Hansen was the original donor of the land, no compensation should be required. The City Attorney will prepared the necessary ordinance. Ms. Block said the vacation of the right-of-way was initiated by Resolution #652 of the Council on January 6, 1987. Ms. Block reviewed the Hearing Examiner's Conclusions as follows: 1) the applicant has requested approval of a vacation of the flat, unimproved easterly 20 feet of right-of-way located on 78th Ave. W. in front of the residence at 23627 - 78th Ave. W. in the City of Edmonds, Washington; 2) the criteria of ECDC 20.70,020 (B) have been reviewed, and the application satisfies these criteria; 3) the requested right-of-way vacation is consistent with the Comprehensive Plan of the City of Edmonds. The right-of-way is of no use to the City at this time; 4) no easements are necessary within the right-of=way; 5) because the City has no use for the right-of-way, there should be no compensation required. EDMONDS CITY COUNCIL MINUTES Page 6 MAY 5, 1987 Councilmember Dwyer inquired of what import it was that Mr. Hansen was the donor of the land, Ms. Block said the ordinance states that no compensation is required if the person who dedicated the property has made the request. Councilmember Kasper inquired about the width of 78th Ave. W. Ms. Block said the street is 40 feet wide between 236th St. S.W. and 238th St. S.W. Councilmember Kasper inquired about the width beyond that distance. Ms. Block said it is 40 feet to the north and 60 feet south of 238th. Mayor Naughten:. opened. the public. port.ion. of.. the .hearing. Arlene Hansen, 23627 - 78th W., said the street ends at 236th and does not extend north of it. Ms. Hansen said a determination of the issue would resolve the question of the extent of area to be maintained by herself. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO RETURN THE FOOTAGE TO WESLEY HANSEN AND INCLUDE THE DONOR CLAUSE. MOTION CARRIED. (The complete report of the Hearing Examiner is on file at the Planning Depart- ment.) HEARING ON APPEAL OF ARCHITECTURAL DESIGN BOARD DECISION REQUIRING IRRIGATIN FOR PROPOSED TOWNHOUSE AT 8017 - 212TH ST. S.W. AP-5-87/APPELLANTS:_ _PINNED__& MICHEL, INC.) Planning Division Manager Mary Lou Block reported that in 1986, the Architectural Design Board (ADB) developed standards for use in reviewing landscape plans. One of the standards included the requirement for an automatic sprinkler system for multi -family projects over four units. On April 1, 1987, the ADB granted preliminary approval of a proposed five -unit townhouse devel- opment by Pinneo & Michel, Inc. for property located at 8017 - 212th St. S.W.. On April 9, 1987, Pinneo & Mi.chel filed an appeal seeking to overturn the requirement that automatic irrigation be installed. Ms. Block noted that a copy of the appeal letter was included in the Council packets. Ms. Block said it is Staff's recommendation to uphold the ADB requirement to provide an automatic sprinkler system. Ms. Block reviewed one of the standards developed by the ADD which requires that an automatic sprinkler system be installed in all lawn areas, commercial areas, and multi -family developments of five dwelling units or greater. Councilmember Dwyer inquired if the sprinkler system was a lawn sprinkler and not a fire safety sprinkler. Ms. Block replied affirmatively:. Councilmember Dwyer referred to Exhibit 2, ADB-9-87. He said that exhibit seemed to be totally unrelated to the issue before the Council and was confusing to him. Councilmember Hall con- curred. Ms. Block noted that the ADB required, on page 11, that an irrigation system be provided throughout the landscaped area. She said the issue of a fire sprinkler system would be reviewed by the Board of Appeals and not by the City Council. Mayor Naughten opened the public portion of the hearing. Greg Pinneo, 13105 Puget Sound Blvd., said he and his business partner have built and own five multi -family dwellings on 212th St. S.W. The dwellings, he said, are typically rented at a moder- ate price range to families with children. Mr. Pinneo said it has been his experience that systems required in other cities for multi -family dwellings area nuisance as well as a hazard because children of the tenants mutilate the pvc pipe. Mr. Pinneo noted that the ADB recently approved a six -unit complex adjacent to the subject proposal and did not require a sprinkler system. He said the City requires that a landscape bond is posted to insure the life of plantings for three years. Mr. Pinneo said an automatic sprin- kler system in the northwest is not necessary due to the amount of rainfall. He added that the requirement for an irrigation system would cause the price of rental fees to increase. Mr. Pinneo said the same concern was expressed to the ADB with respect to a proposed office building on 210th and 76th West, and the sprinkler system requirement was waived. He said he Would have made the same request for the subject proposal at the ADB meeting but did not have an EDMONDS CITY COUNCIL MINUTES Page 7 MAY 5, 1987 opportunity to do so. Mr. Pinneo displayed a three�dime.nsional rendering of the proposed project to the Council, noting that a large percentage of the surface was impermeable and the perimeter landscaping was minimal. Councilmember Dwyer inquired what action was requested of the Council. Ms. Block said the Coun- cil may uphold or overturn the ADB decision or remand it to the ADB. Mr. Snyder said -the. ADB, standards. wereadopted. by. the ADB. and.are'not ordinance criteria. Coun- cilmember Dwyer inquired if the Council was involved in the adoption of those standards. Mr. Snyder replied negatively. Councilmember Hall said she felt that an automatic sprinkler system for a multi -family dwelling unit which is rented to a family with small children was an undue expense. Councilmember Ostrom noted that testimony was given by Mr. Pinneo that a sprinkler system has not been required for other projects within the City. He inquired whyy-a sprinkler system was required for the subject proposal. Ms. Block said the six -unit complex referred to by Mr. Pinneo was approved prior to the adoption of the ADB guidelines. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER DWYER, TO UPHOLD THE ADB RECOMMENDATIONS BUT DELETE THE REQUIREMENT FOR AN AUTOMATIC SPRINKLER SYSTEM.. Councilmember Dwyer said it has consistently been his position with regard to Code requirements that the words of an applicant who pleads poverty fall upon his deaf ears. However, the appli- cant, he said, seems to have legitimate reasons for the alternative he proposes and, most impor- tantly, the Council would not waive a Code requirement by upholding the appeal. MOTION CARRIED WITH COUNCILMEMBER OST'ROM OPPOSED. HEARING ON PLANNING BOARD RECOMMENDATION TO AMEND COMMUNITY DEVELOPMENT CODE TO ALLOW MOBILE Planning Division Manager Mary Lou Block reported that mobile home parks, as planned residential developments (PRD), were deleted as a permitted use in the CG zone when the City amended the Edmonds Community Development Code (ECDC) in 1985 to implement the Highway 99 Study. That action created a problem in that mobile home parks were effectively prohibited in the entire City. Such action could mean that the City would have to allow mobile homes in all zones. On October 8, 1986, the Planning Board held a public hearing to consider an amendment to the ECDC to allow mobile home parks as a permitted use in the CG or CG2 zone districts,. provided that they are developed as PRD's. Ms. Block said the proposed Code amendment reinstitutes the for- mer wording in the Code. Ms. Block said it is Staff's recommendation to adopt the Planning Board recommendation and direct the City Attorney to prepare the necessary ordinance. Councilmember Ostrom inquired why the deletion of mobile home parks in the CG zone could mean that the City would have to allow mobile homes in all zones. City Attorney Scott Snyder stated that there is a provision of State law that prohibits the prohibition of mobile homes or struc- tured families from cities. Councilmember Kasper inquired if there was also in effect an ordinance with respect to pornograph- ic establishments which does not designate specific zones for those establishments. Mr. Snyder said that issue will be discussed sometime during.the Summer. Mayor Naughten opened the public portion of the hearing. No public input was offered. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER DWYER, TO ADOPT THE PLANNING BOARD RECOMMEN- DATION AND DIRECT THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCE. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 8 MAY 5, 1987 ING ON PLANNING BOARD RECOMMENDATION TO AMEND COMMUNITY DEVELOPMENT_ CODE CLARIFYING RECON- Planning Division Manager Mary Lou Block reported that the present reconsideration procedure for Hearing Examiner decisions or recommendations is ambiguous. A literal interpretation of the present Code allows an applicant to decide whether or not the Hearing Examiner may reconsider his decision or recommendation. On March 11, 1987, the Planning board held a public hearing to consider possible changes to the reconsideration procedures for Hearing Examiner decisions or recommendations. The Board felt that changes were necessary to clarify the procedures. Ms. Block noted that a copy of the Planning Board recommendation was attached to the Council packets. Ms. Block said it is the recommendation of Staff to adopt the Planning Board's recommendation and direct the City Attorney to prepare the necessary ordinance. Ms. Block said City Attorney Scott Snyder has indicated that the existing time requirement to file a request for reconsideration was not included in the Planning Board's recommendation. She recommended that the ten-day period be retained. Ms. Block said Mr. Snyder suggested that the words "may" be changed to "shall"; that anyone who has an ownership interest be allowed to re- quest reconsideration of a decision; and that errors or omissions be included as the reason for a request for reconsideration. Councilmember Hall inquired when the time period would commence if more than one person filed a request. Mr. Snyder said he defined the three types of errors and solutions to those errors in his recommendation: 1) an omission on the part of the Hearing Examiner - the Hearing Examiner would correct the error and reissue a new decision; 2) additional information that a citizen wishes to be included in the record - the Hearing Examiner could alter his decision to include that information; 3) the error applies to the heart of the decision - a new public hearing would be held. Mr. Snyder said he included language to indicate that there will be one period for reconsideration which will commence on a specific date. Councilmember Dwyer suggested that any request for reconsideration fall within the initial ten-day period. Mayor Naughten opened the public portion of the hearing. Kevin Hanchett, 8504 - 231st St. S.W., suggested, in light of the events and expenses that occurred over the past year with respect to the Hanchett subdivision proposal, that the City require that a $1,000 bond be posted by an appellant to deter appeals merely for delay tactics. Jeff Palmer, 17510 - 76th Ave. W., inquired if his understanding was correct that the wording of the ordinance would be changed to require that appeals may be filed only by persons with an owner- ship interest. Mr. Snyder replied negatively. He said he added a third category to the ordi- nance to include anyone who has an ownership interest in property that would be affected. Councilmember Kasper inquired what criteria determined when a bond is required. Mr. Snyder said that issue is purely a policy decision as there is no State statute in existence which prohibits or sets a standard for adoption. Councilmember Kasper inquired if the applicant whose project is appealed would be the person that would request that a bond be posted. Mr. Snyder said in cer- tain cases, bonds are imposed in cities which have strong Hearing Examiner systems with optional appeals and revisions by the city council. In that instance, bonds are utilized to encourage full use of the Hearing Examiner system. He said, however, that issue is very hard to generalize. Mayor Naughten closed the public portion of the hearing. Councilmember Dwyer expressed concern regarding the language in the second sentence of the first paragraph of the Planning Board recommendation, which reads: "Any such reconsideration request must cite specific reference to findings and criteria contained in the ordinances governing the type of application being reviewed". He noted that a person who files a reconsideration request may not be able to cite both references to the findings and criteria. He recommended that the word "and" be changed to "or". Councilmember Dwyer added that reconsideration requests should be ■ allowed to cite matters omitted from the findings and not be restricted to the matters contained within the findings. Mr. Snyder noted that he included in his recommendation the error and/or omission language. EDMONDS CITY COUNCIL MINUTES Page 9 MAY 5, 1987 COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER DWYER, TO ADOPT THE PLANNING BOARD RECOMMEN- DATION AND DIRECT THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCE. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO AMEND THE MOTION TO INCORPORATE THE CHANGES DISCUSSED BY HIMSELF AND THE CITY ATTORNEY. Councilmember Hall inquired if Mr. Snyder has had "any direct contact with the bonding issue that was brought up tonight". Mr. Snyder replied negatively. Councilmember Hall suggested that that issue be reviewed. MOTION TO AMEND CARRIED. THE MAIN MOTION, AS AMENDED, CARRIED. The Council recessed to an executive session at 9 p.m. to discuss a property matter and recon- vened the meeting at 9:17 p.m. CONSIDERATION OF HEKINAN, JAPAN AS A SISTER CITY Mayor Naughten stated that the.purpose of a sister city relationship is to mutually promote cul- tural understanding and goodwill for the benefit of the citizens whose cities are in an official sister city affiliation. The Edmonds Sister City Committee (ESCC) was formedby a group of citizens in 1985 who wanted the City to pursue a relationship with Himeji, Japan. In 1986, the ESCC Chair Delores Uhlman toured several cities in Japan and selected Hekinan as a viable match for Edmonds. The City of Hekinan was also interested in establishing a relationship with Edmonds and so the court- ship ensued. City officials and student representatives from Hekinan visited Edmonds on two occasions which was followed by a formal statement from the Mayor of Hekinan confirming their interest in a sister city relationship with Edmonds. Several events will take place subsequent to the City of Edmonds designating Hekinan as its sis- ter city: 1) ESCC will become the official City Committee to develop the relationship and raise funds to host the guests. The ESCC will pursue and develop a subcommittee; 2) the City will provide support to ESCC and assume official/ceremonial responsibilities which would in- clude official visits to Hekinan by City officials and community leaders. The City would, in turn, host visits by Hekinan officials to Edmonds and initially fund gifts and events as planned; 3) the City will initially underwrite the expense of the ESCC until it has established revenue sources to fund those expenses. It was noted that the City of Seattle budgets $1,000 to each of the thirteen sister city committees and they, in turn, raise sufficient funds to support each program. Mayor Naughten enumerated the benefits of a sister city program as follows: promotes the City, tourism, and goodwill; trade exhibits; economic development; learning. experience for. citizens of both cities; any citizen can become involved; student/teacher exchanges; people -to -people ex- changes; art and cultural exchanges; trade missions; international relations; physician exchang- es; and medical/scientific exchanges. Mayor Naughten said a sister city relationship would offer the citizens of Edmonds an opportunity to become involved in a international relationship. Mayor Naughten said the City of Edmonds represents a strong, stable financial and educational base to support and appreciate a quality sister city relationship that can foster and promote long-term benefits. The citizens of Edmonds are well traveled and can support an international relationship. The City plays a dominant regional role in its influence and attractiveness as a sister city, Mayor Naughten reviewed the proposed 1987 budget, noting that $3,000 would be utilized to enter- tain the Japanese visitors and $4,000 utilized to fund an official visit to Hekinan by the Mayor and Council President. Councilmember Wilson cautioned the Council that involvement with Hekinan in a sister city rela- tionship would involve a deep commitment and that the City must be represented with quality and class. He said he felt the City and its citizenry would derive a great cultural, as well as financial, benefit from such a relationship. Councilmember Wilson noted that support groups, such as the Tourism Committee, could promote interest in the sister city program. EDMONDS CITY COUNCIL MINUTES Page 10 MAY 5, 1987 Councilmember Kasper said he thought the program had merit but suggested that a more in-depth investigation of the feasibility of a relationship with Hekinan be made before the City delved into the program. - ' Councilmember Nordquist said there has been interest. in the community with respect to a sister city relationship with Japan. lie reviewed past .events in which a relationship was pursued with Japan. He said he did not feel that an extensive review of the feasibility of a relationship was necessary. Councilmember Kasper noted that the past interest in that relationship dissolved. Councilmember Nordquist.,said, reviving .an..interest was only a matter of contacting support groups to organize the program. Councilmember Ostrom said he thought the program had. merit. He expressed concern, however, that the City would become involved and committed to supporting another program in addition to many other programs. He requested that the ESCC and other support groups set forth a comprehensive plan which outlines the sources of revenue to fund the program. He said he was willing to pro- vide seed money to initiate the program but was not interested in becoming financially committed on a long-term basis. Councilmember Wilson said the program will not sustain itself unless the ESCC functions effec- tively. He concurred that the City should not and cannot put itself in a position of indefinite- ly supporting the program but should, rather, assist the program in its initial phase. He noted that the ESCC has a long. list of potential fund raising events. He suggested that $3,000 be allocated in 1987 to assist theprogram, with smaller contributions made in following years. Mayor Naughten reported that the ESCC was formed one and a half years ago. The Committee pur- sued various cities but narrowed the choice to .Hekinan, Japan. He said the Committee will be reconstituted if, and when, a city•is adopted. Councilmember Hall said she was in favor of the sister city relationship. She said the budget that the City has proposed is grossly inadequate. She recommended: 1) that a Staff person be designated to represent the City; 2) that criteria be set forth for: a) selecting a sister city, b) the extent of participation, c) establishing a budget: Councilmember Hall said she was will- ing to appropriate funds to draw up the criteria but not to appropriate $21),000 to commence the relationship. Councilmember Ostrom expressed concern that the designation of a Staff person would mean an even deeper involvement on the part of the City. Councilmember Wilson said a liaison for the City was necessary, but he said the ESCC would be responsible for supporting the program. Councilmember Dwyer said a determination must be made whether the City is willing to make a seri- ous commitment to a sister city relationship and support the program. He suggested that Staff contact cities who have engaged in sister:city relationships..to review their programs.. Councilmember Ostrom said he felt it would be premature to take action that evening because suffi- cient information was not available to make a determination. Delores Uhlman said the Committee commenced its investigation of a sister city relationship on a very broad basis two years ago. She said the Committee was of the impression that it was ini- tially charged with identifying a sister city. She said because a city has been identified, the Committee would like to proceed with its task. Ms. Uhlman said the City of Hekinan was selected because of its resources and willingness to engage in a relationship. The Committee, she added, has discussed the same concerns that the Council has voiced. Councilmember Ostrom inquired what the annual budget has been projected to be. Ms. Uhlman said a number of expenses to be expected would be funds to host the Japanese visitors on touring excur- sions, farewell dinners, and greet and entertain the mayor of Hekinan. She said developing the - interest of the community was dependent on actually establishing the relationship and then set- ting goals. Councilmember Ostrom inquired what plan has been formulated to generate funds. Ms. Uhlman said she projected that a committee will be established by the Sister City Committee to generate interest in the community which, in turn, will generate those funds. Councilmember Hall said the Council must Have assurance that the community will be receptive to supporting the program. Otherwise, financial support will suffer, as well as the City's foreign counterpart. Councilmember Wilson noted that it is difficult to develop and improve the Committee if a sister city relationship does not exist. He said the, concerns of both the Committee and the City EDMONDS CITY COUNCIL MINUTES Page 11 MAY 5, 1987 are legitimate. He said he did not think that the financial contribution by the City would be large during the initial phase. He noted that the City must give some sort of direction because the mayor of Hekinan is scheduled to visit Edmonds in June. Student Representative Tony Russell suggested that the programs of local cities which have engaged in sister city relationships be reviewed. He said a question in his mind was: Has the Committee researched other cities' experiences. Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCIL - MEMBER OSTROM, TO EXTEND:THE.MEET1NG TO 10:30 P.M.. MOTION.CARRIED. Ms. Uhlman said she had voluminous material of research that has been conducted but did not present all of that information to the Council because she felt it would overwhelm them. She said the program of other cities engaged in sister city relationships is structured by subcommit- tees which are headed by an executive committee. Mr. Russell said a comparison of other cities' expenditures would assist the City in formulating its own budget. Ms. Uhlman said the potential for revenue is dependent upon the number of activities that are pursued. She said the Committee needed a base source of funding to initiate further action. Councilmember Dwyer said he felt the City would not be interested in providing seed money unless it committed itself to the program. He said, however, the Council must first know the amount of the expenditure that the City would contribute,and for. what.length•of time it. would. contribute. those funds. Councilmember Wilson said the City may be willing to further pursue its involvement subsequent to the review of a detailed plan and expenditures of other cities involved in a sister city relation- ship. Councilmember Hall inquired if that investigation would involve municipal funding matched by funding from the private sector. Councilmember Wilson replied affirmatively. Councilmember Ostrom requested that a report be provided to the Council which identifies the amount of expenditure necessary to fund the program as well as the source of revenue. Councilmember Kasper expressed concern that the Council was reacting to the issue rather than acting upon it. He noted that the Mayor of Hekinan is scheduled to visit Edmonds in the Summer and the City must act on that premise. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER DWYER, THAT A REPORT BE SUBMITTED TO THE COUNCIL ON JUNE 9, 1981 SETTING FORTH THE DEFINITIVE COSTS OF OTHER CITIES ENGAGED IN A SISTER CITY RELATIONSHIP, THE METHODOLOGY OF FUND RAISING WHICH WILL BE UTILIZED BY THE SISTER CITY COMMITTEE, AND A FIVE-YEAR COMPREHENSIVE PLAN. MOTION CARRIED. REVIEW MAYOR'S 1987 SALARY ADJUSTMENT Councilmember Nordquist noted that a current survey update of six comparable cities with full- time mayors was attached to the Council packets. He said Community Transit was included in the past as an additional comparison. The last and only increase the Mayor has received was in 1985 at 4%. At that time, the Council agreed to review the Mayor's salary increases simultaneously with review of the exempt employees. However, that review was not conducted in 1986 or 1987. Councilmember Nordquist reviewed Exhibit N2, Mayor Salary Survey, which indicated that the City of Edmonds annual salary was the lowest compared with 7 other entities. He then reviewed the Mayor's total salary increases through the years 1984 to 1987 as follows: 1984 - 0%; 1985 - 4%; 1986 - 0%. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO INCREASE THE MAYOR'S SALARY BY 3% RETROACTIVELY FROM JANUARY 1, 1987. Councilmember Kasper said he felt that a 3% increase was a reasonable increase based on a formula of a 50% inflation factor. *Councilmember Hall said the recommended increase was appropriate so long as the mayorial duties were executed on a full-time basis. She suggested that the Mayor's monthly expenditures be re- viewed. Councilmember Wilson said he would vote in favor of the motion because he felt the Mayor's salary has been low in the past and remains low. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES *See Council Minutes. of May 12, 1987 Page 12 MAY 5, 1987 PROPOSED ORDINANCE 2610 AMENDING COMMUNITY DEVELOPMENT CODE ON LOCATION OF PRIVATE FIRE HYDRANTS Fire Chief Jack Weinz reported that a typographical error wa' recently discovered in the Communi- ty Development Code. The attached ordinance corrects the error. It refers to private fire hy- drants being placed along a perimeter line 50.0 feet from a building. The distance should be 50 feet. Chief Weinz said the issue has been discussed at the Public Safety Committee and is presented to the Council with!the.Committee.'s approval., Chief Weinz said Staff recommends that the Council authorize the Mayor to sign the attached ordi- nance. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO AUTHORIZE THE MAYOR TO SIGN THE ATTACHED ORDINANCE. MOTION CARRIED. PROPOSED ORDINANCE 2611 AMENDING COMMUNITY DEVELOPMENT CODE ON SMOKE DETECTOR REQUIREMENTS Fire Chief Jack Weinz reported that on May 4, 1982, the Edmonds City Council passed Ordinance 2290 which required a minimum audibility for fire alarm systems. Staff is requesting that that section be amended to provide that those requirements are separate life and safety regulatory provisions of the Edmonds Community Development Code and not an amendment to the Uniform Fire Code. Chief Weinz said the issue has been discussed at the Public Safety Committee and is presented to the Council with the Committee's approval. Chief Weinz said Staff recommends that the Council authorize the Mayor to sign the attached ordi- nance. City Attorney Scott Snyder noted that the amendment was suggested by the Uniform Building Council. COUNCILMEMBER HALL MOVED, SECONDED BY CO.UNCILMEMBER NORDQUIST, TO AUTHORIZE THE MAYOR TO SIGN THE ATTACHED ORDINANCE. MOTION CARRIED. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER HALL, TO EXTEND THE MEETING TO 10:40 P.M. MOTION CARRIED WITH COUNCILMEMBER NORDQUIST OPPOSED. PRELIMINARY REVIEW OF AGENCY SEWER TREATMENT AGREEMENTS Community Services Director Peter Hahn reported that the City of Edmonds, Mountlake Terrace, and the Olympic View Water District (OVWD) have exchanged official position papers. Ronald Sewer District (RSD), an agency which contributes sewage flow through its own contract with Mountlake Terrace, has also received a copy of the City's position paper and has responded. The town of Woodway has formally requested that its number of connections be increased from 70 to 464. Mr. Hahn noted that a table summarizing the position of the agencies was attached to the Council packets. Mr. Hahn said the Mayor and CS Director have been continually in direct communication with Mountlake Terrace and OVD. Roberts and Shefelman have drafted a preliminary agreement. Mr. Hahn noted that one item which needs clarification is land costs. He said there appears to be a willingness to pay for the parcel which the City purchased in 1984 for plant expansion to secondary treatment. However, purchasing the existing site or the Public Works site or other sites is strongly opposed. A second item that Staff recommends be reviewed is allocation of operations and maintenance costs by capacity versus flow. He noted that it is more conventional to allocate 0 & M by flow rather than capacity. Mr. Hahn said one item that was not discussed by the Council was an oversight committee, which the participating agencies wish to see in various forms. He said the oversight committee will be modeled after the Water. Purveyors Committee. Mr. Hahn reported that Mountlake Terrace is in disagreement with all of the major points made by the City but OVWD is more amenable. They have agreed to buying their capacity and financing their percentage of utilization. However, they are not in total agreement on the land issue. Mr. Hahn said OVWD expressed concern regarding a clause in the annexation provision which states that the City may, at its discretion, take control of its facility upon annexation. Mr. EDMONDS CITY COUNCIL MINUTES Page D MAY 5, 1987 Hahn said the City never has, to his knowledge, exercised that clause unless annexation has reached a 60% level. Mayor Naughten said most agencies felt that they could finance their percentage of utilization. Mr. Hahn noted that they have changed their position, and Mountlake Terrace does not wish to finance its utilization based on capacity. Mr. Hahn said RSD will enter into an agreement with Mountlake Terrace but prefers to have their own agreement with the City. Mr. Hahn recommended that the City obtain an agreement with at least one of the major partici- pants (OVWD). He noted. that Roberts & Shefelman were requested to draft a preliminary con- tract. Councilmember Dwyer inquired if OVWD is in agreement on 0 & M costs. Mr. Hahn said a majority of the entities felt 0 & M should be based on flow. Councilmember Dwyer encouraged the City to continue the negotiations with OVWD because, he said, it will secure greater capacity for the plant in a logical service area and, also, provide a model agreement to present to the remaining agencies. He said Woodway should either be annexed into the City or finance their percentage of service. MAYOR Mayor Naughten noted that Katie Allen is being treated at Stevens. Memorial Hospital for. phlebitis and is staying.in room.721. COUNCIL Councilmember Kasper expressed concern that information continues to be distributed to the Coun- cil during a meeting rather than before the meeting. He said that practice should stop. Councilmember Hall expressed concern that the tapes of the meeting were not secured immediately following the meeting. City Clerk Jackie Parrett noted that the recorder is under contract with the City and works out of her home. She said the recorder cannot file the tapes i.mmediat.ely because she must have access to them when transcribing the minutes and it is unreasonable to expect the recorder to go back to the office at 11 p.m. to duplicate the tapes before going home. Ms. Parrett said the tapes are immediately duplicated on Thursday and filed. Councilmem- ber Dwyer reminded Councilmember Hall that a stenographic record was made of the meeting. Coun- cilmember Hall noted that the preservation of the tapes was a charge of the City Clerk. Council - member Dwyer said there is no court that would not accept a court reporter's stenographic record of the proceedings of the meeting. Councilmember Hall disagreed because she said the re -cord could be damaged in transit. City Attorney Scott Snyder said the City is only required to have minutes of the meeting under its normal procedure. He noted, however, that the stenographic record and tapes of the meeting are transported together. He inquired if the Council was amena- ble to receiving the - minutes. -two weeks, later i.n. order.. to allow ,time to copy and file the tapes before preparing the minutes. The Council did not respond. Councilmember Dwyer said he was not willing to spend one tax payer's dollar on the "notion that Margaret, like Karen Silkwood, is trying to get home before she's run off the road with the tapes". Councilmember Dwyer commended Student Representative Tony Russell for a good performance and assertiveness that evening. The meeting adjourned at 10:45 p.m These minutes are subject to May.12, 1987 approval ;JAVC45i�LINEG. PARRETT, City Clerk LARRY S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 14 MAY 5, 1987 1