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05/19/1987 City CouncilTHESE MINUTES SUBJECT TO MAY 26, 1987 APPROVAL EDMONDS CITY COUNCIL MINUTES MAY 19, 1987 The regular meeting of the Edmonds City Council was called to order at 7 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag sa- lute. PRESENT Larry Naughten, Mayor John Nordquist Steve Dwyer Laura Hall Jo -Anne Jaech Bill Kasper Lloyd Ostrom Jack Wilson Tony Russell, Student Rep. STAFF PRESENT Mary Lou Block, Planning Div. Mgr. Jack Weinz, Fire Chief Bob Alberts, City Engineer Art Housler, Admin. Svc. Director Peter Hahn, Comm. Svc. Director Duane Bowman, Asst. City Planner Bobby Mills, Pub. Wks. Superintendent Dan Prinz, Police Chief Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Mayor Naughten announced that item N8, Review of City Participation with Port of Edmonds for Expansion of Public Parking Facility along Waterfront, has been postponed to an indefinite date in the future because the PortofEdmonds did not receive the information it has been awaiting. Mayor Naughten announced that an Executive Session will be held following the items on the agenda to discuss a property matter. CONSENT AGENDA Items (B) and (D) were removed from the Consent Agenda. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda .include the following: (A) ROLL CALL 610• (C) ADOPTED RESOLUTION 657 COMMENDING STUDENT REPRESENTATIVE TONY RUSSELL V-,, (E) ADOPTED ORDINANCE 2618 ADOPTING STATE STATUTES CONCERNING LOST AND UNCLAIMED PROPERTY (F) ADOPTED ORDINANCE 2619 VACATING EASTERLY 20 FEET Of UNDEVELOPED RIGHT-OF-WAY OF 78TH AVE. W. ADJACENT TO RESIDENCE AT 23627 - 78TH AVE. W. (ST-1-87/CITY OF EDMONDS) n'iEB % (G) APPROVAL OF MEBT PLAN AMENDMENT CONFIRMING OPTIONAL PARTICIPATION BY CITY COUNCIL (H) APPROVAL OF 1987 INTERLOCAL AGREEMENT WITH SNOHOMISH COUNTY FOR JAIL SERVICES *7�� APPROVAL OF MINUTES OF MAY 12, 1987 [ITEM (B) ON THE.CONSENT AGENDA] Councilmember Hall made the following correction: page 1, last paragraph, "I want reference to the Mayor's $300 to $400 per month expenditures"; page 4, paragraph 2, "She suggested that a _.park might be -an ideal use,for that parcel". Councilmember Kasper made the following addition: page 4, first sentence, "The City Planner, Mr. LaTourelle, indicated at a meeting in 1979 if the present site was reused, an EIS would be re- quired to mitigate the impact". COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE MINUTES AS AMENDED. MOTION CARRIED. PROPOSED ORDINANCE 2167 ESTABLISHING EDMONDS CENTENNIAL FUND [ITEM (D) ON THE CONSENT AGENDA] -7A4'`d� Councilmember Jaech referred to page 3 of the proposed ordinance as follows: the private funds donated for the purposes of promoting the Centennial celebration shall not be deemed I subject to any constitutional restriction on expenditure relating to the City of Edmonds". She inquired who will acknowledge receipt of the funds and approve the expenditures. City Attorney Scott Snyder said procedures will be established by the Administrative Services Director. He said that clause addresses the issue of requests to expend donations for a particular cause and the prohibition against giving away public money or lending credit by the City. Councilmember Jaech requested that assurance be provided to people who donate money for public purposes that those funds will be expended in a prudent manner. Mr. Snyder suggested that that issue be dis- cussed with the Administrative Services Director. He noted that the expenditure of funds donated by the public would be subject to Council approval. Councilmember Jaech requested that Staff provide the Council with information with respect to the process that will be utilized for approv- ing and appropriating the expenditures. Councilmember Kasper inquired about the City matching donations by the private sector. Mr. Sny- der recommended that the City carefully restrict the use of those funds. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE ITEM (D) WITH THE PROVISO THAT THE COUNCIL RECEIVE INFORMATION WITH RESPECT TO THE PROCESS IN WHICH THE FUNDS WILL BE AP- PROVED AND EXPENDED. MOTION CARRIED. AUDIENCE Mayor Naughten opened the audience portion of the meeting. Robert L. McKenzie, 8125 - 186th St. S.W., noted that a City easement adjacent to 8311 Talbot Road has been in existence for a considerable length of time. He said development has commenced in the immediate area recently and a new fence has been constructed only inches away from the existing fence. He inquired: 1) if residents will be allowed to continue to utilize the pathway to access Puget Sound; 2) how City vehicles will access the sewer pumps located on the easement. He noted that the fence is approximately 25 feet away from the sewer pumps. Community Services Director Peter Hahn said the long fence which separates the new house from the older one and which leads down to the lift station will be removed, and a new legal description for a new path for the lift station maintenance and pedestrian traffic will be drafted. He noted that the neigh- bors will be contacted, and they will have an opportunity to review the new legal description. Mayor Naughten directed Mr. McKenzie to the Planning Department if he desired additional infor- mation. Mayor Naughten closed the audience portion of the meeting. PRESENTATION OF COMMUNITY SERVICE AWARD TO PAULA VALENZUELA, FORMERLY MISS EDMONDS Mayor Naughten stated that the Community Service Award was established three years ago to recog- nize individuals and corporations who have made a significant contribution in improving the quali- ty of life in the community. Mayor Naughten said Ms. Valenzuela was Miss Edmonds in 1986 and was the first Miss Edmonds in over a decade. She represented Edmonds for the year 1986 in several events, including the Seafair Pageant competition and parade; helped reintroduce a Miss Edmonds pageant in Edmonds; has been the recipient of an outstanding array of individual awards during and since high school; played an important role as an example of generosity to her community; has been an excellent representative and example of youth, quality, energy and beauty, which represents our community. Mayor Naughten presented Ms. Valenzuela with the Community Services Award. PRESENTATION OF RESOLUTION OF COMMENDATION TO STUDENT REPRESENTATIVE TONY RUSSELL 'P Council President Wilson presented Student Representative Tony Russell with the Resolution in appreciation of his service as a student member of the Edmonds City Council for the term January 1987 to May 1987. Mayor Naughten inquired about Mr. Russell's future plans. Mr. Russell said he plans to attend Washington State University in the Fall and will transfer to West Point, majoring in economics and minoring in political science. l�.Vaza;ZZ4-•v COUNCIL ACTION ON HEARING EXAMINER RECOMMENDATION. TO VACATE NORTHERLY 120 FEET OF UNDEVELOPED ,tom .v RIGHT-OF-WAY OF 7TH AVE. S. SOUTH OF FIR ST. ST-4-86/SHIRLEY ABRAHAMSON C_ON_TINUED FROM MAY 5 PUBLIC HEARING Planning Division Manager Mary Lou Block reported that on May 5, 1987, the City Council held a public hearing on the street vacation request of Shirley Abrahamson. The specific request involved vacating the northerly 120 feet of 7th Ave. S.-, south of Fir Street. EDMONDS CITY COUNCIL MINUTES Page 2 MAY 19, 1987 She said the City Council requested the Engineering Division to prepare a drawing reflecting a turnaround configuration at the northerly end of 7th Avenue South north of Elm Street. A copy of that drawing is attached to the Council packets. Ms. Block said it is the Planning Staff's recommendation to vacate the right-of-way as recommend- ed by the Hearing Examiner subject to retention of a ten foot pedestrian easement and the dedica- tion of the area required by the hammerhead turnaround, as shown on the City Engineer's drawing. Ms. Block referred to Exhibit B, noting that the preferred alternative was configuration B-1 because she said it would not impact the stream. She said properties on the right would have to access through the alley of Fir Street. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO ACCEPT STAFF'S RECOMMENDATION FOR A HAMMERHEAD TURNAROUND ON LOT 2 BEHIND THE LOTS ON FIR STREET AND TO ADOPT ORDINANCE 2620 VACAT- ING 7TH AVE. S. FOR 120 FEET SOUTH OF FIR BUT TO RETAIN A 10 FEET EASEMENT DOWN THE CENTER COMPRISED OF 5 FEET OFF THE EASTERLY PART AND 5 FEET OFF THE WESTERLY PART. MOTION CARRIED. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING VARIANCE FOR PROPERTY LOCATED AT 267 - �� 4TH AVE. S. AP-6-87/TOM PETROWITZ Planning Division Manager Mary Lou Block reported that in 1985, the Building Division discovered an addition that was made to the residence at 267 - 4th Ave. S. The addition was built without a permit and is within 18 inches of the south side yard. The City initiated proceedings to require the property owner to either remove the addition or obtain a variance and building permit. On March 5, 1987, the Hearing Examiner held a public hearing on the variance request of Tom Petrowitz to reduce the required south side yard setback for the addition to the house located at 267 - 4th Ave. S. from 10 feet to 18 inches. On March 31, 1987, the Hearing Examiner issued his decision denying the variance request. On April 14, 1987, Mr. Petrowitz filed an appeal seeking to overturn the Hearing Examiner's deci- sion. Ms. Block said it is Staff's recommendation to uphold the Hearing Examiner's decision. Ms. Block referred to the Hearing Examiner's Decision as follows: "Based upon 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 ordered that the requested variance for a reduction of the side yard setback from 10 feet to 18 inches at 267 - 4th Avenue South, Edmonds, Washington be denied. The basis of this denial is as follows: 1) in order for a variance to be granted within the City of Edmonds, the criteria, as set forth in the ECDC 20.85.010, must be satisfied. All of the criteria must be satisfied. The present applica- tion involves a difficult situation. The applicant. has enclosed a patio, which is located in the side yard setback. The enclosure was made prior to the variance request. However, the criteria for the review of the variance must still be applied. From the review, it would appear that all of the criteria, except for the showing of special circumstances necessary for the granting of a variance and the showing of a lack of a special privilege, have been met; 2) the applicant failed to provide adequate testimony or evidence to show special circumstances for the granting of a variance. From the testimony and the evidence submitted, it appears the main reason for the variance and the enclosure is to provide privacy for the residents on site. This, in and of itself, is not a special circumstance necessitating a variance. It is a special privilege being granted to the applicant; 3.) even though the applicant has already constructed the enclosure, it is subject to review. It is subject to the same review as if no construction had occurred. With the lack of special circumstances and the determination that a variance would be a special privi- lege to the applicant, the variance must be denied. The applicant must remove the enclosure; 4) the drainage problem of the condominium adjacent to the property does not warrant the granting of a variance. This would appear to be a problem that must be resolved by the condominium owners. It is recommended that the applicant consult with the necessary city department to ensure that the condominium property is drained properly. If, after significant research and investigation, it is determined that the condominium cannot be drained in any manner except onto the applicant property, then a variance may be warranted. However, an additional hearing must be held on that particular issue". Ms. Block said the subject property is located on 4th Avenue north of Walnut Street. Exhibit #3, a vicinity map, was displayed on the overhead projector. Councilmember Dwyer inquired how the issue was brought to the attention of the Building Divi- sion. Ms. Block said Staff received a complaint. EDMONDS CITY COUNCIL MINUTES Page 3 MAY 19, 1987 1 Ms. Block referred to Exhibit #4, a diagram depicting the house, garage, and the enclosed struc- ture. . Councilmember Ostrom inquired if the existing garage was a nonconforming structure. Ms. Block replied affirmatively. Councillmember Ostrom inquired if the addition was constructed without a permit. Ms. Block replied affirmatively. Mayor Naughten opened the public portion of.the hearing. Tom Petrowitz, 267 - 4th Ave. S., inquired how his taxes were allowed to double in the last several years due to the addition if the addition was not legal. Mr. Petrowitz noted that the adjacent apartment complex has revised the carport by expanding the capacity as well as the height. Mr. Petrowitz said no one seems to be complaining about the addition to the subject property any longer. He said the addition serves the following purposes: 1) conserves energy, 2) pro- vides security to the contents of the enclosure, 3) solves the drainage problem which emanated from the adjacent apartment complex, 4) mitigated the noise from the hot tub. Councilmember Jaech inquired who owned the house. Mr. Petrowitz said his mother did. Bill Mathias, 540 Holly Dr., said he believes the Hearing Examiner and Staff made the correct decision. He noted that the applicant did not obtain necessary permits to construct the addi- tion. He urged the Council to deny the appeal. City Attorney Scott Snyder said he inspected the property with Mr. Petrowitz and ascertained from Mr. Petrowitz that there had originally been a fiberglass roof and wall with one electri- cal outlet and a concrete patio floor. Mr. Snyder said he observed that insulation, a wall, a ceiling, a light.fixture, a rug, a dance floor, and a space heater had been added. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ADOPT THE HEARING EXAMINER'S FIND INGS OF FACT SUPPLEMENTED BY THE TESTIMONY PROVIDED BY MR. SNYDER AND ADOPT THE HEARING EXAMIN- ER'S CONCLUSIONS AND DECISION. MOTION CARRIED. (The complete report of the Hearing Examiner is on file at the Planning Department.) HEARING ON PLANNING BOARD RECOMMENDATION FOR PROPOSED REZONE OF PROPERTIES LOCATED ON SOUTHEAST CORNER OF 84TH AVE. W. AND 212TH ST. S.W. FROM RM-.2.4 TO BN R-2-87/JIM GRAVES, ET AL. Planning Division Manager Mary Lou Block reported that on April 8, 1987, the Edmonds Planning Board held a public hearing on the request of Jim Graves to rezone the properties located on the southeast corner of 84th Ave. W. and 212th St. S.W. from RM-2.4 to BN. Ms. Block said one concern that Staff raised regarding the rezone request was the inclusion of lots #7 and #8 of Hawarden Tracts. These two lots are fully developed with a duplex, a fourplex, a residence, and an office building. If these lots were included in the BN zone, the multifamily residential uses will be made nonconforming. This could pose a problem for the fu- ture owners. Ms. Block said the Planning Board recommended approval of the entire rezone request. She noted that a copy of the Board's recommendation was attached to the Council packets. Ms. Block said it is Staff's recommendation to approve the rezone with the exception of lots #7 and #8. Ms. Block reviewed the Hearing Examiner's Findings of Fact as follows: "1) the rezone area con- tains approximately 2.05 acres of land and is located on the southeast corner of 84th Ave. W. and 212th St. S.W. in the Five Corners neighborhood. The subject properties are presently developed with two single family homes, two office buildings, two duplexes, and St. Matthew Lutheran Church. Presently, the area is zoned RM-2.4; 2) the area is bordered by commercial development to the north, northwest, and west. To the south and east is a mixture of multifamily and single family residential uses; 3) a determination.of nonsignificance has been issued by the City on the rezone request; 4) the subject property is designated by the Comprehensive Plan Map as Commercial Business and High Density Residential. The proposed zoning would not conflict with the Comprehen- sive Plan". EDMONDS CITY COUNCIL MINUTES Page 4 MAY 19, 1987 Ms. Block then reviewed the Hearing Examiner's Conclusions of Law and Recommendation as follows: "1) the proposed zoning conforms to the Comprehensive Plan of the City of Edmonds; 2) the pro- posed zoning will establish zoning for the subject area that is consistent with the developing nature of the Five Corners neighborhood; 3) no significant adverse environmental impact will result from the rezone request. "The Planning Board of the City of Edmonds recommends to the City Council that Application R-2-87 be approved. This recommendation was approved by the Planning Board with Hank Lewis and Jeff Palmer opposed". Ms. Block referred to a vicinity map on the overhead projector which included the property that is proposed to be rezoned. Ms. Block pointed out that Mr. Palmer and Mr. Lewis were not opposed to the rezone itself but to the inclusion of lots #7 and #8. Councilmember Kasper inquired about the use of the building located on the corner of 82nd and 212th. Ms. Block said it is an office building. Councilmember Kasper inquired if Shannon Towing formerly occupied Lot #3. Ms. Block replied affirmatively. Councilmember Kasper noted that the use, then, is commercial. Ms. Block said the applicant desires to provide a service applicable to the BN zone and not to an RM zone. Councilmember Kasper requested Ms. Block to reiterate the problem that would arise if lots #7 and #8 were were rezoned. Ms. Block said multi- family uses are not an outright permitted use in the BN zone. She said the existing uses on lots #7 and #8 would then become nonconforming. Councilmember Nordquist inquired if the applicant was the owner of the property located on the corner of 84th Ave. W. and 212th St. S.W. Ms. Block replied affirmatively. Councilmember Nord- quist inquired what lot the applicant owned. Ms. Block replied Lot #3. Councilmember Nordquist inquired who owned Lots #7 and #8. Ms. Block said Mr. McKinley and Dr. Rosenblatt respective- ly. Councilmember Nordquist inquired if the church was officially notified of the proposed re- zone. Assistant City Planner Duane Bowman replied affirmatively. He said everyone within the rezone area was notified. Councilmember Dwyer inquired about the zoning of the lot immediately to the south of lot #8. Ms. Block replied multifamily. Councilmember Kasper inquired where the commercial uses were located. Mr. Bowman indicated the location of the commercial uses on the vicinity map. Mayor Naughten opened the public portion of the hearing. Tim McDevitt, 22224 - 98th Ave. W., spoke in favor of the proposed rezone. Mr. McDevitt said he is Mr. Graves attorney but has also been a long-time customer of his. He said Mr. Graves has lived in Edmonds for twenty-three years. His last two barber shops were displaced because the leases expired. Mr. Graves, he said, has been looking for a location to operate his business for the last six months and has considered lot #3. Mr. McDevitt noted that the rezone proposal is consistent with the Comprehensive. Plan because of the fact that four of the five corners arecurrently zoned BN. Councilmember Dwyer inquired why lots #4, #7, and #8 should not be excluded. Mr. McDevitt said he did not have an opinion on that issue. Ray McKinley, 3521 - N.W. 68th, Seattle, said he owns lot V. He noted that Lot #7 is sur- rounded by an area zoned for business use. Mr. McKinley said he did not understand the ration- ale for excluding lot #7 from the proposed rezone. Councilmember Ostrom inquired if a multifamily structure was located on lot #7. Mr. McKinley clarified that two duplexes are located on lot #7 and not a four-plex. Dr. Michael Rosenblatt, 8936 - 179th P1. S.W., said he has been practicing podiatry at Five Corners for 14 years and plans to retire in 15 years. He spoke in favor of the proposed rezone. Dr. Rosenblatt said Mr. Graves has been forced to -relocate his business.. He said Mr. Graves deserves an opportunity to service his customers. Dr. Rosenblatt expressed concern that his business would become nonconforming if the rezone was approved. He said he has no intention of expanding his business in any way. He inquired about EDMONDS CITY COUNCIL MINUTES Page 5 MAY 19, 1987 1 the ramifications to his business if the rezone is approved. City Attorney Scott Snyder said in accordance with the nonconforming use statute, the use, as well as a commercial use, may continue as long as .it was not expanded in any way. He said the use by a renter must generally conform to the use at the present time. Dr. Rosenblatt inquired about the ramifications if the area was rezoned. Mr. Snyder said the usage would have the full breadth of neighborhood commercial uses permitted in that zone. Dr. Rosenblatt noted that there is a four-plex which adjoins his building and inquired about that issue. Mr. Snyder noted that section 17.40.010 (G) provides that residential uses can be continued as long as the use is continued until it is abandoned. If damage occurs. in excess of 50% to the structure, it may be reestablished if refurbishing commenc- es within one year of the date damage occurred. Ms. Block pointed out that improvements to non- conforming structures may not exceed 25% of the assessed valuation in any one given year. Dr. Rosenblatt requested the Council to include his lot #8 in the proposed rezone. Councilmember Wilson inquired about the rationale for including lot #4. Ms. Block said it was included as part of the original application, but there was no argument in favor or opposed to including it. Councilmember Jaech inquired if notification was sent to the surrounding residential areas at the time that the issue was discussed at the. Planning Board level. Ms. Block said people were noti- fied within 80 feet of the subject property, which would include lots 1, 2, 3, 11, 6, 5, 27, and 28. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO ACCEPT THE PLANNING BOARD'S RECOM- MENDATION AND INCLUDE LOTS #7 and #8. Councilmember Jaech expressed concern that the rezone, as proposed by Councilmember Kasper, would encroach too far into the residential community. She said a line must be drawn between the com- mercial uses and residential uses. .She said.she would.not vote in favor of the motion. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER DWYER, TO AMEND THE MOTION TO EXCLUDE LOTS # 4, #7, and #8. Councilmember Kasper pointed out that a commercial use presently exists on lot #4. Councilmember Dwyer said he did not think it was necessary to include lots # 4, #7, and #8. Councilmember Hall said she was in favor. of including lots #7 and #8 because it was consistent with land use planning when considering the comprehensive plan of the area. Councilmember Kasper said it would not be rational to exclude lots #4, #7, and #8 if a structure exists on lots #6 and #11. -.He inquired if residential uses exist on lots # 6 and #11. MOTION TO AMEND CARRIED WITH COUNCILMEMBER KASPER OPPOSED. THE MAIN MOTION CARRIED. (The complete report of the Hearing Examiner is on file at the Planning Department.) DISCUSSION OF METRO SEWAGE EXCHANGE Community Services Director Peter Hahn reported that the issue was reviewed by the City Council on April 14 when Metro officials presented the swap options. The Council was informed that the preliminary cost figures would be refined and presented to the Metro Water Quality Committee.on May 14. The current revised costs have not been provided to Edmonds, but. Metro's Director of Water Quality projects that the swap option is more closely comparable in cost to the construc- tion of a new Richmond Beach facility. The primary benefit to Edmonds would be the potential to not be required to construct a parallel force main from the Lake Ballinger Lift Station to Highway 99. The Department of Ecology (DOE) has required Mountlake Terrace to provide the force main because of previous leakage and over- flows in 1985 and 1986. The cost of the project is $1 million. To date, DOE has not formally notified Mountlake Terrace that the mandated project would not be necessary. Implementation of the swap could have considerable construction impacts. Metro flows would be routed to the City via Puget Sound most likely under Dayton Street (if the present site is re- tained). The public has stated that any construction and trenching on Dayton is unacceptable. It is conceivable that improvements to the outfall might require a second pipe or a larger pipe EDMONDS CITY COUNCIL MINUTES Page 6 MAY 19, 1987 under Dayton so the Metro line would not be the cause of disruption. However, Mr. Hahn said it is too early in the predesign phase to ascertain that. In addition, he said there will be sub- stantial construction impacts in the Lake Ballinger area, but there would be some construction impacts to that area if the parallel force main was constructed. The Metro swap would not affect Edmonds costs other than the potential savings on the Ballinger force main. Metro would construct all the needed transport facilities, and Edmonds would main- tain the same agreements that presently exist without the swap. Mountlake Terrace, which is most interested in the swap option, also disagrees with the Edmonds position regarding the revised agreements. Mountlake Terrace is also a portion of the service area that would be routed to Metro. In the event that a satisfactory agreement cannot be reached with Mountlake Terrace, the City's obligation to provide treatment services ends in 1999. The question is: How can Edmonds accept a long-term responsibility from Metro if Mountlake Terrace is uncertain? Without participation from Mountlake Terrace, the Edmonds east service area, in- cluding Edmonds Highway 99 and Ronald Sewer District flows, would not provide sufficient flow for an equivalent one-to-one swap. There is no indication that the Metro Water Quality Committee would be in favor of the swap, even with the revised costs. The revised costs will be presented to Metro on May 14, and a decision will be made on May 28. Metro would like to know Edmonds position with respect to the acceptabil- ity of the swap option. The swap should be seriously considered only if: 1) DOE definitely rescinds its order to con- struct a redundant sewer line, 2) Mountlake Terrace agrees to the terms of the revised service agreements as outlined by the Edmonds City Council, and 3) no additional costs are incurred. Councilmember Jaech noted that another impact to the City would be the inclusion of Metro in the secondary wastewater treatment agreement with the participating jurisdictions if the swap agree- ment is consummated. Mr. Hahn said there would be no impact to the design or construction costs to the secondary treatment plant. He said a contract would have to be entered into with Metro for the exchange of equivalent flows. Councilmember Dwyer inquired if Edmonds east would be required to pay the same rates as Metro customers. Mr. Hahn replied negatively. Councilmember Jaech inquired if service to the Edmonds east flows and billing could be handled by Metro rather than Edmonds if the swap is consummated. Mr. Hahn said the concept was interesting and feasible, but he noted that Edmonds has always had substantially lower rates than Metro. He said Metro has made a policy decision to not process additional flows from Snohomish County. Councilmember Dwyer inquired if all Metro customers pay the same rates. Mr. Hahn said they pay the same overall rates. Councilmember Dwyer inquired if people whose flows were directed to Richmond Beach would pay the same rates as those flows to Westpoint. Mr. Hahn replied affirma- tively. Councilmember Hall inquired if the outfall would require upgrading, thus commencing construction on Dayton Street, if the treatment plant is built on the present site. Mr. Hahn said that scenar- io is a possibility. Councilmember Kasper noted that the pipeline from.Mountlake Terrace does not intersect Dayton Street but makes a circuitous route down 3rd Avenue and behind the Public Works building. Mr. Hahn concurred. He said a new pipe would have to be installed in a northerly direction and east- erly direction toward the plant to route the Richmond Beach flows to the plant. He noted that the engineering report is not detailed enough at the present time to determi-ne exactly where the pipes will be laid. Councilmember Kasper asked why the pipes could not be laid through the SR 104 bypass instead of via downtown Edmonds. Mr. Hahn said the route is shorter. Councilmember Kasper said he thought Staff's recommendation has merit. CONSIDER $350 SIX-MONTH LOAN TO EDMONDS CENTENNIAL COMMITTEE Mayor Naughten reported that he has appointed an Edmonds Centennial Committee to coordinate and plan the two very important centennial celebrations coming up in 1989 and 1990 (State Centennial and City of Edmonds Centennial). Mayor Naughten said an Edmonds 1990 Centennial Pin prototype has been approved by the Committee and will be available in several weeks. The requested $350 interest -free loan will pay costs of an initial supply of pins, which will be on sale beginning with the upcoming 4th of July cele- bration. If the promotion is successful, the Committee will reorder the pin and sell it as a fund raiser from now until 199.0. EDMONDS CITY COUNCIL MINUTES Page 7 MAY 19, 1987 Mayor Naughten said Staff recommends that $350 is transferred from the General Fund operating cash to the Edmonds Centennial Fund. Linda McCrystal, the City's representative to the Commit- tee, will be authorized to manage deposits and withdrawals to the fund. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER WILSON, TO TRANSFER $350 FROM THE GENER- AL FUND OPERATING CASH TO THE EDMONDS CENTENNIAL FUND AT AN INTEREST -FREE RATE FOR SIX MONTHS. MOTION CARRIED. APPROVAL OF MEBT PLAN AMENDMENT ALLOWING_ EMPLOYEES TO WITHDRAW THEIR FUNDS FOR FINANCIAL HARD AlSHIP Administrative Services Director Art Housler reported that the MEBT Committee has been studying for some time the effect and benefit of allowing employees to withdraw funds from their account due to financial hardships. The cities of Bellevue, Kirkland, and Mountlake Terrace have includ- ed in their plans a hardship provision for several years. In studying the plans of these three cities, the Committee learned that the provision would have no effect on the accounts of other employees; would have no effect on the City's qualifying status as a retirement/benefit plan under IRS Code section 401; and would have no effect on an continued participation of an employ- ee. Mr. Housler said the Committee distributed an advisory ballot to all employees. A tally of the ballots resulted in 72 employees in favor of the amendment and 75 employees opposed to the amend- ment. Approximately 20 employees did not vote. In making their recommendation, the Committee considered: 1)the favorable experience of the other cities; 2) approximately one half of the employees are in favor of the amendment; and 3) there would be no effect on the Plan or other employee accounts. Mr. Housler said the Committee recommends that the Council approve the amendment to the Plan. Mr. Housler noted that City employees also participate in an alternate retirement plan. Councilmember Dwyer noted that a majority of the Plan participants voted against amending the Plan. Councilmember Kasper inquired if the Plan was in lieu of Social Security.. Mr. Housler replied affirmatively. Councilmember Kasper noted that Social Security participants are not allowed to withdraw funds for hardship reasons. Mr. Housler noted that only the percentage of funds contrib- uted by the employee may be withdrawn and not the percentage contributed by the City. Councilmember Ostrom expressed concern that an employee who withdraws funds will diminish his/her retirement fund and may not have adequate income to live on upon retirement age and will suffer. Mr. Housler pointed out that an employee may withdraw the money upon termination of his/her job with the City. Councilmember Nordquist inquired if a penalty is imposed for early withdrawal. Assistant City Planner Duane Bowman said there is a penalty for withdrawing the portion of funds that the City contributes as well as the interest earned on that portion. Mr. Bowman urged the Council to approve the amendment to the Plan. He noted that although a majority of the balloted votes were opposed to the amendment that a percentage of employees did not respond. He reiterated that the amendment will not affect the accounts of employees who do not exercise the hardship option. Councilmember Hall suggested that a hardship fund be established in which employees can withdraw monies for emergency situations rather than from the MEBT Plan. Councilmember Ostrom noted that the Council has not had an opportunity to hear from the employees who voted against amending the Plan. Councilmember Jaech noted that a percentage of the employees who did not respond to the ballot were Councilmembers. She said most of. the Councilmembers abstained from voting to ascertain the opinion of Staff with respect to the amendment. Councilmember Nord quist inquired if the "vesting City's portion" would be reduced if an employee withdrew half of the funds when he/she was only half vested. Mr. Housler said it continued. Councilmember Kasper inquired about the disposition of .the fund in that i.nstance. Mr. Housler said 70% of the money is deposited into the participant's fund and 30% into the Administrative fund. He said the participant may withdraw the funds to the point of vesting and if he/she is not fully vested, the non -vested portion is placed in the Administrative fund. EDMONDS CITY COUNCIL MINUTES Page 8 MAY 19, 1987 City Attorney Scott Snyder noted that withdrawal of funds only affects the employee's portion. He clarified that Mr. Bowman is not a member of the Committee, and he was only speaking as a City employee. Councilmember Kasper inquired how many requests to withdraw funds for hardship reasons have been made in the last year. Mr. Housler replied approximately five. Mr. Snyder noted that there is a similar provision in the Deferred Compensation Plan for hardship withdrawals. He recalled that only two requests for withdrawals have been made in the last three years. Councilmember Kasper noted that a participant of the Plan may not borrow against those funds. Mr. Housler concurred. COUNCILMEMBER KASPER MOVED TO APPROVE THE AMENDMENT TO THE PLAN AS RECOMMENDED BY THE MEBT COMMIT- TEE. MOTION DIED FOR LACK OF A SECOND. Councilmember Nordquist inquired if any Councilmember was involved in the decision -making process with respect to the Plan amendment up to the present time. Mr. Housler replied negatively. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO DENY THE AMENDMENT TO THE MEBT PLAN. MOTION CARRIED WITH COUNCILMEMBER DWYER, COUNCILMEMBER HALL., COUNCILMEMBER JAECH, COUNCIL - MEMBER OSTROM, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER KASPER AND COUNCILMEMBER NORD- QUIST OPPOSED. MAYOR Mayor Naughten announced that $32,000 of sales in cemetery lots have been sold to date. Councilmember Kasper said his .secretary thought it .was humorous that .an advertisement for the cemetery lots was included in the water bill. Mayor Naughten announced that May 17th through the 23rd has been proclaimed as National Public Works Week in the City of Edmonds. All citizens and civic organizations are invited to acquaint themselves with the problems involved in providing Public Works services and to recognize the contribution that Public Works employees make toward the health, safety, and welfare of the citi- zens. COUNCIL Council President Wilson said it has been brought to his attention that the minutes of some cit- ies identify subject matters in the margin, which is helpful in researching the minutes. Council - member Nordquist suggested that the agenda be included as part of the minutes. City Clerk Jackie Parrett pointed out that subject matters are typed in bold letters and underscored for each item in `the minutes. She noted that the Council Assistant could research the minutes for Councilmembers by using the computer indexing system. She said each item is assigned a number, indexed and entered into the computer for reference. She noted that the corrections to minutes are maintained in the minute book. Ms. Parrett inquired if the subject matter could be handwrit- ten in the margins. Councilmember Wilson and Councilmember Kasper concurred. She said the min- utes are printed edge to edge and are then reduced, which creates the margin. Councilmember Hall was in favor of entering the subject matter in the margins by computer entry. Councilmember Jaech inquired if the corrections could be indexed. Ms. Parrett replied affirmatively. Council - member Ostrom noted that it would be an involved and complex process to enter the subject matter in the margins by computer entry. Councilmember Hall said she was waiting for the verbatim minutes of the meeting of April 28, 1987 and would like them as quickly as possible. Ms. Parrett said she had not received them yet. Councilmember Nordquist expressed his appreciation to.Council President Wilson for providing verrbatim minutes of the Port Ludlow meeting. He inquired if everyone had received them. Councilmember Nordquist noted that Staff has analyzed a potential swap of the Lake Ballinger treatment station. He requested that further analysis be conducted by Culp-Wesner-Culp. Commu- nity Services Director Peter Hahn said that firm has already conducted a study for Mountlake Terrace for the entire station. Councilmember Nordquist inquired if that study could be provided to the Council. Mr. Hahn replied affirmatively. Councilmember Kasper inquired about the request of the Port of Edmonds in the Staff minutes, item #6. Police Chief Dan Prinz said the Port.has requested the Police Department to consider enforc- ing the parking regulations on Port property. EDMONDS CITY COUNCIL MINUTES Page 9 MAY 19, 1987 Councilmember Ostrom said the Council received a copy of a report to the Police Department with respect to an animal control problem. Chief Prinz said the issue was referred to the City Attor- ney on April 21. Councilmember Ostrom said he reviewed the minutes of last week's Council meeting, which he did not attend, and thought he understood the discussion regarding wastewater treatment until he received a memorandum from Mayor Naughten stating that Staff will pursue the feasibility of an alternate site. He said no such discussion was reflected in the minutes to authorize Staff to conduct a feasibility study. Mayor Naughten said the intent was to conduct .a preliminary cost-free study to determine the viability of an alternate site. Mayor Naughten said he be- lieved that study was necessary in determining the most viable site and eliminating the sites which were not viable in order to avoid conflicts in the future. He noted that continued discus- sions regarding alternate sites for secondary wastewater treatment is scheduled on May 26. Coun- cilmember Ostrom expressed concern because he said Council approval for such studies is usually obtained first. Councilmember Nordquist noted that studies were conducted for the Public Works site, Chase Lake, as well as a number of others at the impetus of committees. Councilmember Jaech referred to a memorandum from Fire Chief Jack Weinz. She said she attended a "� meeting last night which was held in response to a fire which occurred in the area of 9th Avenue 7tiY.¢� and Walnut. She noted that only three lines into SnoCom are provided for the bowl area of the City. She said a lot of citizens were not able to reach a SnoCom representative when they called about the fire. Councilmember Jaech said the telephone company estimated that an addition- al line would cost $60 per month. She said the lines are'staffed by two people for each shift at SnoCom. She requested that those issues be investigated. Councilmember Dwyer said each dispatcher is capable of handling two 'incoming calls. He said he would address the issue of whether or not there is adequate staffing at the next Public Safety meeting. He said the SnoCom staff is trained to extract information as expediently as possible. Councilmember Dwyer said he would listen to the tapes of the fire event to ascertain the events of that evening. Councilmember Jaech said the public was concerned about the .staffing level of the Fire Depart- ment, as were the fire fighters, and about response time. She requested Chief Weinz to address those issues. Councilmember Hall complimented the fire fighters in the expedient and efficient manner in which they responded to the fire. She inquired about the response time. Chief Weinz said the department responded to the emergency in 3.49 seconds from the time SnoCom received the first call until the first fire engine arrived on the scene. Chief Weinz said all of the issues were discussed at last night's meeting, and he believed that the concerns of the citizens were appeased at the close of the meeting. Chief Weinz said he would address the issues of staff- ing levels during the budget process. Councilmember Kasper recommended that the volunteer fire fighter program also be reviewed. Councilmember Ostrom expressed his appreciation to Chief Weinz for providing the Council with the report. He said he did not recall ever receiving a request for additional Staff and, thus, found it hard to believe that the Fire Department was under- staffed. Chief Weinz said he made no such request during the recent budget process because he knew there were no funds available for additional Staff due to the loss of revenue sharing funds. Councilmember Jaech noted that the public did seem to be appeased at the close of the meeting. Councilmember Dwyer inquired if any calls were made to SnoCom before the call that Chief Weinz referred to as the first call. Chief Weinz responded negatively. Councilmember Dwyer clarified that all calls to SnoCom are recorded on a twenty-four hours basis. Councilmem- ber Jaech requested that the issue of Staffing levels of the Fire Department be discussed at a Public Safety Committee meeting in August in preparation for the budget process. The Council recessed to an Executive Session at 9:30 p.m. to discuss a property matter for approx- imately 15 minutes and to adjourn following the session. These minutes are subject to May 26, 1987 approval. 1 _ �, -.ACELINE G. PARRETT, City Clerk ,CARRY S. NAUGHTEN, Mayor *See Council Minutes of Flay 26, 1987 EDMONDS CITY COUNCIL MINUTES Page 10 MAY 19, 1987