Loading...
03/20/1990 City CouncilTHESE MINUTES SUBJECT TO MARCH 27, 1990 APPROVAL EDMONDS CITY COUNCIL MINUTES MARCH 20, 1990 The regular meet*ng of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT Larry Naughten, Mayor John Nordquist, Council President Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember William Kasper, Councilmember Jeff Palmer, Councilmember Jack Wilson, Councilmember Brian Mason, Student Representative STAFF Peter Hahn, Comm. Svs. Director Wallace Tribuzio, Asst. Police Chief Gordy Hyde, Engineering Coordinator Duane Bowman, Asst. City Planner Art Housler, Admin. Svc. Director Brent Hunter, Personnel Manager Bob Alberts, City Engineer Arvilla Ohlde, Parks & Rec. Mgr. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Councilmember Dwyer arrived a few minutes late and did not vote on any Consent Agenda items ex- cept Item (D). CONSENT AGENDA Items (B), (D) and (I) were removed from the Consent Agenda. Councilmember Hertrich explained that Councilmember Dwyer wanted to address item (D), and he suggested that it be discussed follow- ing items (8) and (I) because Councilmember Dwyer had not arrived at the meeting yet. COUNCILMEM- BER JAECH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (C) ADOPTED RESOLUTION 696 TO IMPLEMENT INCREASED PENALTIES REGARDING UNLAWFUL DRUG ACTIVITIES ON OR NEAR SCHOOL GROUNDS REPORT ON BIDS FOR CENTENNIAL HISTORY BOOK AND AWARD OF CONTRACT TO WALSW.ORTH PRESS ($8,300) (F) APPROVAL OF PARTICIPATION AGREEMENT WITH EDMONDS-SNOHOMISH COUNTY HISTORICAL SOCIETY FOR EDMONDS CENTENNIAL EXHIBIT ($5,000) 04� / (G) AUTHORIZATION TO ACCEPT UTILITY EASEMENTS FOR THE YATES ADDITION DEVELOPMENT PROJECT (H) ADOPTE ORDINANCEINSURAN2765 AMENDING EDMONDS CITY CODE REGARDING MANDATORY AUTOMOBILE LIABIL(J) ACCEPTANCE OF UTILITY EASEMENT FROM ELLEN JANE ORNER AND EDWIN J. ORNER AT 17216 - 3RD �J AVE. W. (K) CANCELLATION OF OLYMPIC VIEW DR. OVERLAY AS A FEDERAL AID PROJECT APPROVAL OF MINUTES OF MARCH 6, 1990 ITEM (B) ON THE CONSENT AGENDA Councilmember Hertrich requested that the minutes be amended on page 9 following paragraph 7 by inserting his comments that had not been included as follows: Councilmember Hertrich asked Mr. Bowman if this was the first time the tree cutting ordinance had been before the Council, and Mr. Bowman said the issue had been before the Community Service Committee last year in July and the Committee recommended that it be put on the Counci-l's agenda for consideration. He said, howev- er, the issue has not been on the Council's agenda until the present time because the Council was involved in the budgetary process and then the agendas were full. Councilmember Hertrich noted that the Council, as a whole, has not seen the ordinance until now. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE THE MINUTES, AS AMENDED. MOTION CARRIED. APPROVAL OF EDUCATIONAL REIMBURSEMENT POLICY (ITEM (I) ON THE CONSENT AGENDA] Councilmember Nordquist said he had additional information that he would like the Council to review. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO MOVE ITEM (I) TO A WORK SES- SION. Councilmember Palmer inquired if there were any pending applications from employees that would be delayed. Personnel Manager Brent Hunter replied affirmatively. MOTION CARRIED. ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW RELATING TO HEARING ON APPEAL OF ARCHITECTUR- E DESIGN BOARD DECISION REGARDING PROPOSED 8 UNIT APARTMENT BUILDING AT 327-329 3RD AVE. S. Councilmember Dwyer referred to paragraph 1 on page 3 of the Findings and Conclusions. He said he was uncomfortable that Staff could alter the requirement to provide twelve foot trees if the species indicated on page 2 were not available. He recommended that the Council either adhere to their original decision, which was to require trees to be a certain height, or send the question of trees back to the Architectural Design Board (ADB). Councilmember Hertrich said he was uncomfortable with the Council's decision to require twelve foot trees because he felt it was an arbitrary decision. He said he would prefer that the ADB make landscaping decisions and not the Council. City Attorney Scott Snyder pointed out that the landscape rendering depicted seven trees and was approved by the ADB but the picture shown to the Council depicted nine trees. Mr. Snyder noted that the Findings and Conclusions included approval of a conditional use permit because any plant over six feet is considered a hedge and requires a conditional use permit. He said the ADB does not typically require a tree height over six feet unless someone applies for such a permit. Councilmember Palmer said he would be more comfortable if the Council reached their own conclu- sion rather than remanding the issue to the ADB because it was before the Council as an appeal of an ADB decision. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO ELIMINATE THE FIRST FULL PARA- GRAPH ON PAGE 3. MOTION CARRIED. In response to Mr. Snyder's comment regarding the discrepancy in the number of trees that were depicted in the two renderings, Councilmember Dwyer questioned if the developer should be bound by the illustration he showed the Council. Councilmember Hertrich said he was comfortable with the ADB's approval of seven trees. Referring to Finding #3, Councilmember Dwyer said there is some question about whether venting is, in fact, provided on the southerly side of the residential building. He recommended that the sentence begin with the words, "The applicant testified that...". COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE ITEM (D) WITH THOSE CHANGES. MOTION CARRIED. Mayor Naughten introduced the new reporter from the Enterprise, Teresa McRae. Administrative Services Director Art Housler said Kathleen Johnson, the insurance manager, has requested the Council to attend a seminar by the Washington Cities Insurance Authority on land use on April 5, 1990 from 6:30 to 9 p.m. in Lynnwood. Councilmember Nordquist, Councilmember Palmer, and Councilmember Kasper indicated that they would like to attend. AUDIENCE Mayor Naughten opened the audience portion of the meeting. No input was offered. Mayor Naughten closed the audience portion of the meeting. EDMONDS CITY COUNCIL MINUTES Page 2 MARCH 20, 1990 MEET WITH PETITIONERS FOR PROPOSED ANNEXATION OF PROPERTY LOCATED AT SR 104 and 97th AVE. W. R BRS UR T 5;;a��Assistant City Planner Duane Bowman reported that the City received a petition request of a small ea along SR 104 in the Westgate area. He said a vicinity map, the 10% petition from Walter Berschauer, and a Certificate of Sufficiency were provided in the Council packets. The signed petition from First Interstate Bank was just received this date and was not included in the Cer- tificate*of Sufficiency computation. Mr. Bowman said there are three questions which must be addressed with each annexation request: 1) whether to accept the annexation; 2) whether to adopt simultaneous zoning regulations; and 3) whether assumption of indebtedness will be required. Mr. Bowman said the proposed annexation area does not appear to pose any significant service problems for utilities or streets. Mr. Bowman said it is the recommendation of Staff that the area be annexed; that simultaneous zoning be established; and that the area assume the indebtedness of the City. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO ACCEPT THE ANNEXATION PETITION; DIRECT STAFF TO PROCEED WITH THE ADOPTION OF SIMULTANEOUS ZONING REGULATIONS; AND DESIGNATE THAT THE ANNEXATION AREA ASSUME THE INDEBTEDNESS OF THE CITY, IF ANY. MOTION CARRIED. DISCUSSION ON RECYCLING WITH LOCAL GARBAGE HAULERS Community Services Director Peter Hahn reported that on January 30, 1990, the Council expressed a preference to implement a curbside recycling program through the City's WUTC regulated haulers, Sound Disposal and Lynnwood Disposal. After discussing implementation of a recycling program with the haulers, Mr. Hahn said a public hearing should be scheduled. Mr. Hahn noted that Assistant City Planner Duane Bowman distributed a draft City ordinance for recycling to the Council, which was similar to the County's ordinance but with several changes. On display was a 90 gallon toter and 3 smaller bins stacked on top of one another for recyclable materials. Nels Johnson, Lynnwood Disposal, said their recycling proposal will consist of collection of traditional recyclable materials (newspaper, aluminum cans, glass, etc.) and collection of yard waste. lie noted that Lynnwood Disposal has experience in both programs because they have imple- mented the program in King County. Mr. Johnson said the recyclable collection will utilize the 90 gallon toter, which contains a small insert for glass. The toters will be collected twice a month on the same day as garbage collection. Mr. Johnson said a 90 gallon container will also be used for yard waste but without the glass insert, and the toters will be collected twice a month on alternate weeks but on the same day as garbage collection. Mr. Johnson said Lynnwood Disposal anticipates an implementation date of July 1, 1990. He noted that Snohomish County is going to increase their dump rates in April. He said he did not know precisely what the rates for recycling will be at the present time because they will be contin- gent upon the County's dump fee increase. Mr. Johnson estimated that the recycling fee, exclu- sive of the dump fee, will be $1 to $2 per month subject to WUTC approval. Mr. Johnson said Lynnwood Disposal has requested municipalities that have implemented the recy- cling program to enact an ordinance prohibiting the placement of yard waste with garbage so that rates can be kept at a reasonable level. He said the rate for yard waste disposal will probably be $3 to $4.50 per month. Councilmember Dwyer inquired if residents could avail themselves of the yard waste service only during the months they needed the service. Mr. Johnson replied negatively. He said Lynnwood Disposal will ask for a one-year commitment. Councilmember Hertrich was concerned whether an elderly or handicapped person could wheel the 90 gallon toter to the curb. Mr. Johnson said Lynnwood Disposal will wheel the toters to the truck for elderly and handicapped people. EDMONDS CITY COUNCIL MINUTES Page 3 MARCH 20, 1990 Councilmember Hertrich inquired how the increase to the County's dump fee will affect the recy- cling fees. Mr. Johnson. said the recycling rates he mentioned earlier were exclusive of any dump fees. He said there will be an increase to the recycling fees because of dump fee increases, but he said there will be an offset because some of the waste stream will be recycled or composted but he was unsure what the trade-off will be. Councilmember Hertrich inquired if the recycling service will be available to multifamily dwell- ings. Mr. Johnson said the service will be available as soon as the WUTC approves the rate for those types of dwellings. Councilmember Hertrich inquired about the.type of container that will be utilized. Mr. Johnson said he envisioned a dumpster-type container for all of the mixed recy- clable materials. In response to Councilmember Palmer, Mr. Johnson said Lynnwood Disposal experimented with recy- cling plastic materials but it was not economically viable. He said Lynnwood Disposal has em- barked on a pilot program in Seattle to recycle PET bottles only. Councilmember Palmer inquired if a third container is necessary for those bottles. Mr. Johnson replied negatively. Councilmem- ber Palmer inquired how the recyclable materials and yard waste toters will be differentiated. Mr. Johnson said the toters will be well marked with decals on the lid and side of the contain- ers. Councilmember Palmer inquired about the profit level of the recycling program. Mr. Johnson said the rate of return will be 5% to 6%, which is the same rate of return for regular garbage service. ' In response to Councilmember Hertrich, Mr. Johnson said the cost of the toter is between $50 and $75 and will be included in the rate. He said the toter will belong to Lynnwood Disposal in order to avoid any confusion about whose responsibility it will be if the containers are damaged or stolen. Councilmember Palmer inquired about the rate for multifamily dwellings. Mr. Johnson estimated that it will be 75% to 80% of regular garbage service. Don Nicholson, Sound Disposal, said he intends to use the 90 gallon toter as well, and collection will be provided on a monthly basis. Councilmember Jaech inquired about the rates. Mr. Nicholson said the fee for recyclable materi- als will be $2.95 per month. Councilmember Jaech inquired about the fee for yard waste. Mr. Nicholson said he has not looked into the costs for yard waste yet. Councilmember Jaech inquired if the pickup truck has separate compartments for different recyclable materials. Mr. Nicholson replied negatively. He said specialized equipment would have to be purchased if separate bins were used to sort recyclable materials. Councilmember Jaech inquired about the cost for a pro- gram that utilizes separate bins for recyclable materials. Nora Smith, Snohomish County Recy- cling Manager, said it would be approximately $1.50 per household per month. Mr. Hahn reviewed page 5 of the proposed ordinance. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO SCHEDULE A PUBLIC HEARING ON APRIL 3, 1990. Councilmember Kasper did not believe the Council should a hold public hearing and pass the ordi- nance on the same night. He thought the Council should "get information and check out the facts". Councilmember Hertrich concurred. Councilmember Dwyer said the Council could vote on the ordinance on April 3 if information was disseminated to the Council in advance and no public input was offered. MOTION CARRIED. Councilmember Palmer requested Staff to look at increased penalties for illegal dumping through- out the City. HEARING ON NORTH MEADOWDALE RD. FUTURE WALKWAYS AND RIGHT-OF-WAY WIDTHS Engineering Coordinator Gordy Hyde reported that at the direction of the Council, Staff has been working with a Citizen Advisory Committee to identify the future location of a walkway along North Meadowdale Road. He noted that an exhibit included in the Council packets depicts the recommended location. Mr. Hyde said Staff has also been reviewing the needs for a future right-of-way for North Meadow - dale Road. He said the Official Street Map shows 60 feet for the entire length of North Meadow - dale Road. He noted that an exhibit included in the Council packets depicts the locations EDMONDS CITY COUNCIL MINUTES Page 4 MARCH 20, 1990 where the right-of-way can be reduced 10 feet on one or both sides of the road. He said in all other locations, Staff believes it would be prudent to maintain 60 feet of right-of-way for fu- ture vertical and/or horizontal changes to the Road. Mr. Hyde said it is the recommendation of Staff to adopt the plan for the location of a future walkway and direct Staff to start the procedure to amend the Official Street Map. Mr. Hyde said the City obtained a geometric survey of North Meadowdale Road from Reid -Middleton & Associates. With that information and input from the Committee, Mr. Hyde said Staff looked at potential locations to provide a safe walkway for pedestrians. Mr. Hyde reviewed exhibit A in the Council packet, which depicted the location of the roadway and location of a potential walkway. Councilmember Kasper inquired about the ,rationale for providing three pedestrian crossings. Mr. Hyde noted that there is an existing crossing at 68th Avenue West.He said the steepness of the topography adjacent to the roadway on North Meadowdale Road dictates the location of the walkway, and the crossings are proposed at the safest location possible with as little impact to the neigh- borhood as possible. Councilmember Wilson asked what signage would be placed at 163rd Place West. Mr. Hyde said he did not know at the present time because the exhibit before the Council was only a predesign illustration. Councilmember Wilson said vehicular traffic travels at a fairly good rate of speed along the roadway. He inquired if a light will be provided adjacent to the Saldin property. Mr. Hyde said advance warning signs will be installed. Councilmember Palmer said there appears to be sufficient width on the south side of the road between the Holley property and the Casper property to install a walkway. Mr. Hyde said the walkway is proposed to be located on the north side of the roadway because: 1) it will give the residents of Meadowdale Heights better access; 2) the property designated as City property, known as Tract 70, will provide the opportunity at a future time to develop a meandering trail off of the walkway and connect with another pedestrian path on the Metco property; 3) as a requirement of the subdivision, Metco is required to construct a walkway across their frontage, which will allow the City to integrate the walkway into that portion of the walkway. Councilmember Palmer inquired why horizontal changes in the road will be necessary. Mr. Hyde said any time horizontal changes are made to an area, cuts and fills are necessary with realign- ment, which creates back sloping and side sloping conditions. Mayor Naughten opened the public portion of the hearing. Paul Joslin, 16219 - 70th Pl. W., said the Walkway Committee reviewed the issue of a walkway adjacent to the City -owned property. Mr. Joslin said he polled the community, and he did not encounter any opposition from residents but, rather, a question of when the walkway will be con- structed. Mr. Joslin said. constructing the walkway along the south side of the roadway adjacent to 164th Street and along the north side up to the Casper property makes_ good sense from a safety stand- point. Mr. Joslin recommended that a walkway be provided at the intersection of North Meadowdale Road and 163rd Place Southwest so that it will tie into an existing walkway on 163rd Place Southwest. Janis Joslin, 16219 - 70th P1. W., was in support of Mr. Joslin's comments. She believed the proposal should be implemented as soon as possible. Ms. Joslin also believed the configuration of the roadway creates a potentially dangerous situation for younger children. Kathleen Johanson, 7309 North Meadowdale Rd., said the issue of the walkway cannot be settled until the right-of-way issue is settled. She said the right-of-way was platted at 40 feet in 1976, but the City proposed a 60 foot right-of-way without notification to property owners and without condemnation proceedings which, she said, is federally unconstitutional. Ms. Johanson said she could sue the City if the City claims inverse compensation or taking without compensa- tion. She said the City could claim the right of easement by prescription or adverse possession, but the City has not taken physical possession of the property for ten years. Dr. Robert Anderson, 7370 North Meadowdale Rd., submitted four pages of "Notes for City Council Hearing" to the City Clerk for distribution to the Council (marked Exhibit 1) and a drawing (marked Exhibit 2). EDMONDS CITY COUNCIL MINUTES Page 5 MARCH 20, 1990 Dr. Anderson noted the following: 1) the presently used right-of-way on North Meadowdale Road is not in the same location as the platted right-of-way; 2) the right-of-way crosses several proper- ties on the south side of the road, including a portion of tract 54; 3) the legal width of North Meadowdale Road is 40 feet, but the City has decreed the road as an arterial feeder or collector, which requires 60 feet according to State-wide standards; 4) if the 60 foot right-of-way becomes legal, property condemnation proceedings are necessary at potentially great cost to the City. Dr. Anderson said there are several structures along North Meadowdale Road which will remain along the edge of the roadway or within the newly established 60 foot right-of-way. He said some residents are opposed to a 60 foot right-of-way because of the terrain and nature of the area; 5) concern has been expressed regarding how to establish a walkway along the roadway without a large cut into the steep bank on the south side and the construction of a costly rock wall around the remaining bank; 6) the City and County gradually moved the paved portion of the right-of-way south around the corner so that the 20 feet of pavement is completely off of the initial right- of-way. Dr. Anderson said the street was also widened in 1985 by 4 feet to install storm and sanitary sewers. He said he retained a private surveyor to solve the problem of questionable locations along the north edge of tract 54, which belongs to him and his wife, and the City's engineers subsequently modified the street map to agree with his survey. Dr. Anderson offered the following solutions: 1) the City deed the platted right-of-way to the homeowners on the north side of North Meadowdale Road; 2) the City establish the right-of-way at 40 feet for the entire length of the road; 3) the City use the proposed diagram in the Council packets to construct the walkway around the corner within 40 feet of the right-of-way without a costly retaining wall. He said he will deed to the City 40 feet from that portion of tract 54 which is crossed by the presently used streets, and he will construct a walkway to the City stan- dards along the north edge of tract 54 around the corner with the stipulation that the City pay for establishing and recording new property lines for both sides of the street. Jeanine Casper, 16100 North Meadowdale Rd., agreed that the community is supportive of a walk- way. She said she walks her young children to the beach everyday and agrees with the design proposed by Staff. Ms. Casper spoke in support of reducing the entire road to a 40 foot right-of-way. She said the houses adjacent to the road will be impacted by anything greater than that. In addition, she said residents wish to retain the character of North Meadowdale Road. Ms. Casper reminded the Council that residents of the area submitted a video tape to the Council in the near past of North Meadowdale Road and also of the 60 foot right-of-way at 196th and 76th. Randy Pfriem, 6923 - 163rd P1. W., said a video tape was also submitted to the Council in the past which illustrated a real need for a walkway. Mr. Pfriem said the City has spent considerable sums of money improving properties in the vicini- ty. He said there is continued development in the area and there will be more pedestrians. He said the walkway would be in integral part of access to all those improvements. Mr. Pfriem said North Meadowdale Road is a potentially dangerous roadway because of the steepness and configuration, and he feared an accident was only a matter of time. He thought the Council was responsible and would make a quick decision because the issue has been pending for about a year and a half. Mr. Pfriem said the only way for pedestrians to cross the roadway at the present time is to walk in the road itself. He said the City must go forward and construct the walkway. Joann Anderson, 7370 North Meadowdale Rd., supported the solutions that Dr. Anderson cited to the Council. She said each one of the solutions works as a system to solve the problems that are facing the City. Mayor Naughten closed the public portion of the hearing. In response to statements by Ms. Johanson, Mr. Snyder noted that State statute requires the City to adopt an Official Street Map which shows potential right-of-way areas. He said the City does not claim that it owns the additional footage in the area but just simply if, at some future date, the City can satisfy constitutional requirements regarding the impact of development, the City can require developers to dedicate the property. Mr. Snyder said the City has tried to be sensitive and has amended its ordinance within the last two years to take into account constitutional limitations. He said the City no longer requires dedication if a resident is remodeling his home or doing work under a building permit on single family property. If a developer objects to the City's planned line right-of-way, Mr. Snyder said the burden is on the City to show that the impacts of development require dedication. EDMONDS CITY COUNCIL MINUTES; Page 6 MARCH 20, 1990 * Councilmember Palmer inquired if the q proposed walkway could be constructed within the existing right-of-way. Mr. Hyde replied affirmatively. (He later clarified that the sidewalk cannot be constructed solely within the 40 foot right-of-way.) Councilmember Hertrich inquired if the proposed walkway will be constructed adjacent to the road. Mr. Hyde replied affirmatively. Councilmember Hertrich inquired if the walkway would be impacted if the existing ten foot lanes were widened. Mr. Hyde replied affirmatively. Council - member Hertrich inquired if the walkway could be constructed to accommodate the widening of the roadway in the future, if necessary. Mr. Hyde said it could possibly be done, but he said he has not reviewed that option. He noted that the sidewalk, as proposed, would require, perhaps, no removal of trees, but a sidewalk constructed further into the bank would require the removal of trees and would be more costly. Councilmember Dwyer inquired if the walkway, as proposed, could be constructed within a 40 foot right-of-way. Mr. Hyde said there are only two locations, as indicated on exhibit A, where 40 feet would serve as adequate right-of-way to construct the walkway. Councilmember Dwyer inquired about Staff's response to Dr. Anderson's proposal. Mr. Hyde said Dr. Anderson's proposal for the sidewalk looks like it has some potential. Assistant City Plan- ner Duane Bowman said he has seen some of the elements of Dr. Anderson's proposal but not all of them. Councilmember Palmer clarified that the recommendation of Dr. Anderson was not the recommendation of the Committee, and the Committee was in agreement with Staff's recommendation. Mr. Hyde con- curred. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO DISCUSS THE ISSUE FURTHER ON MARCH 27, 1990. Councilmember Kasper said he was seriously concerned about the proposal for multiple crossings. He felt the safety of children was far more important than the preservation of trees. MOTION CARRIED. HEARING ON PROPOSED UNDERGROUND WIRING AND DECORATIVE LIGHT PROJECT FROM MAIN ST., WEST OF 3RD VE. City Engineer Bob Alberts reported that undergrounding the overhead wires on Main Street, between 3rd Avenue South and SR 104, was discussed at the February Community Services Committee meeting. Mr. Alberts said with City crews performing all trenching and surface restoration, the estimated cost to underground the wires on both sides of Main Street, install twenty decorative lights, and combine the project with the PUD is $187,000. The estimated cost to underground the wires only on the north side of Main Street and install ten decorative lights on the north side as a com- bined project with the PUD is $53,000. Councilmember Hertrich said he was under the impression that the wires would only be undergrounded to SR 104 on option #1 and would not cross the street by Skipper's. Mr. Alberts said the wire crossing the intersection was only a guy wire and not a service line. Larry Wiese, Snohomish County PUD, South County Manager, explained that the line from 3rd Avenue West to SR 104 is an overhead distribution line that needs replacement as part of routine mainte- nance and because of increased loads in the City. He said the PUD will contribute the cost of that wire. Councilmember Kasper inquired if the PUD has changed its policy with regard to undergrounding. Mr. Wiese replied negatively. Councilmember Kasper inquired if the cost to underground wires would be recovered in the PUD rates if the PUD was required to participate in the project. Mr. Wiese replied negatively. He said the PUD requires full payment of costs by the customer which, in this case, would be the City. Because Staff made no recommendation, Councilmember Kasper asked Mayor Naughten what his recommen- dation was. Mayor Naughten said there are other capital projects that are of a higher priority. He said the City should commit some amount of funding for the project, but he said Staff and the Council need to identify from what source the funds will emanate. Mayor Naughten said he did not think option #1 could be completed in 1990, but he believed a project schedule should be estab- lished. * See Council Minutes of March 27, 1990 EDMONDS CITY COUNCIL MINUTES Page 7 MARCH 20, 1990 Councilmember Wilson said there are few projects in the community that are more appreciated than the improvements that were made from Main to 3rd. He thought it would be a mistake to implement option #2 "because it does not really solve the problem". Councilmember Wilson said the City has funds available to implement option #1. Mayor Naughten opened the public portion of the hearing. No input was offered. Mayor Naughten closed the public portion of the hearing. Councilmember Wilson urged the Council to approve option #1. He proposed transferring funds from the 1/4% Real Estate Sales Tax Fund to the General Fund. He noted that the City realized a sur- plus of $120,000 during the budgetary process last year. Councilmember Kasper said the Council received a list of capital projects, one being parks. He said the 1/4% Real Estate Sales Tax Fund has always been allocated for park improvements. Coun- cilmember Kasper said there are many capital projects that need to be accomplished in the near future but underground wiring can be done at any time. Councilmember Kasper said option #2 seemed to be a project with a reasonable cost. Because undergrounding increases the value of private property, he believed projects like that should be funded by an L.I.D. because private property owners will benefit from the improvements. He recom- mended that the City implement option #2 at the present time and that the Council discuss how to fund the remainder of the project. Councilmember Hertrich concurred. Councilmember Wilson said "it isn't even a contest between the structural needs that we spend in this City versus the aesthetic needs for this community". He said option #2 is not a large amount of money for the community to spend to beautify it, and the City can afford it and has the money. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ADOPT OPTION #1 AND USE THE POR- TION NEEDED FROM THE 1/4% REAL ESTATE SALES TAX FUND AND COMPLETE THE PROJECT. Councilmember Palmer suggested that a majority of the funds for the project be derived from the $120,000 cash carryover instead of depleting the 1/4% Real Estate Sales Tax Fund. Councilmember Kasper said the hearing should be continued so that the Parks Department can be notified that a percentage of the monies from the 1/4% Real Estate Sales Tax Fund are proposed to be utilized to fund the project and to allow them an opportunity to speak to the issue. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO AMEND THE MOTION TO HAVE $120,000 OF FUNDING COME FROM THE CASH CARRYOVER RATHER THAN THE 1/4% REAL ESTATE SALES TAX FUND. A ROLL CALL VOTE WAS TAKEN. MOTION FAILED WITH COUNCILMEMBER JAECH, COUNCILMEMBER PALMER AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER NORDQUIST, COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH AND COUNCILMEMBER KASPER OPPOSED. A ROLL CALL VOTE WAS TAKEN ON THE MAIN MOTION. MOTION FAILED WITH COUNCILMEMBER NORDQUIST, COUN- CILMEMBER DWYER, COUNCILMEMBER HERTRICH, COUNCILMEMBER KASPER AND COUNCILMEMBER PALMER OPPOSED; COUNCILMEMBER JAECH AND COUNCILMEMBER WILSON IN FAVOR. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ADOPT OPTION #2, FUNDING TO COME FROM THE UNANTICIPATED FUNDS. Councilmember Jaech said the City would be throwing money away by only undergrounding the wires on the north side of the street (option #2) because the main distribution wires are on the south side of the street and the PUD would participate in the cost of the undergrounding because they need to replace their lines in the near future. Councilmember Hertrich said the City could defer option #1 to a later date and ask the PUD to defer replacement of their lines until that time. Mr. Wiese said the PUD will replace those lines within the next two years. Councilmember Wilson inquired if monies would be wasted if option #2 was implemented at the present time and option #1 were implemented at a later date. Mr. Alberts replied negatively. He said option #2 can be integrated into option #1 as if it were a phased -in project. MOTION CARRIED. The meeting recessed at 9 p.m. and reconvened at 9:10 p.m. EDMONDS CITY COUNCIL MINUTES Page 8 MARCH 20, 1990 HEARING TO REVIEW STATUS OF HUTT HOUSE Parks & Recreation Division Manager Arvilla Ohlde reported that the City Council reviewed the lease of the house in Hutt Park on February 27, 1990. Discussion included the current rental agreement, current rental rate and review of the Planning Board's recommendations for long-range plans for the house as a rental property. Ms. Ohlde said the Planning Board recommended that the City discontinue renting the house and eliminate the facility. Ms. Ohlde said the City Engineer negotiated a delay on the bid for reroofing the Hutt house. Mr. Ohlde said the park was purchased twenty-three years ago from the Hutt family, and the deed indicated a desire by Mr. and Mrs. Hutt for the park to remain in a natural state and an arbore- tum park -like setting. Ms. Ohlde noted that she placed a copy of the deed and a newspaper arti- cle on the table for the public and submitted copies of the deed to the City Clerk for distribu- tion to the Council (marked Exhibit 1), even though they received copies of the deed on February 27. Ms. Ohlde said the Hutt house is currently rented for $340.37 per month and the cottage is rented for $285. She said the City has received rental payments of $14,476.65 from 1986 to 1989. Ms. Ohlde said Mr. Martin notified Staff that the last sheet on the Council packet entitled "Building Maintenance/Repair" did not reflect electrical and sewer repairs of $13,207. Councilmember Palmer reminded the audience that the hearing encompassed the issue of the status of the house only and did not pertain to any particular renter. Mayor Naughten opened the public portion of the hearing. Rick Sola, speaking on behalf of Olaf and Ann Sola, 18500 High St., expressed their desire to maintain the Hutt property in the natural state and spirit as when it was first deeded to the City. Mr. Sola said any reasonable person should consider the value of tenants in the structures be- cause they provide a deterrent to property damage and undesirable activities. He said the dwell- ings should be properly maintained and should command a fair market rental value. Mr. Sofa said the original agreement with the Hutts cannot be ignored --to preserve and maintain the property and dwellings as a tribute not only to the Hutts but as a tribute to the natural beauty of the community. Mr. Sola suggested that a subcommittee be organized of citizens from the immediate neighborhood to develop a recommendation for submittal to the Planning Board within one year as to a long- range plan for the property. Gordy Holmes, 9224 - 187th St. S.W., said the number of people present at the hearing was indica- tive of the concern that citizens have for the Hutt property. Mr. Holmes said he would like the house to remain because it provides security for the park. Rosemary Schuman, 9110 - 188th St. S.W., said the house is a memorial to the Hutt family. She said the park could not possibly be maintained without a caretaker because the vandalism that would occur without a caretaker would be horrendous. Ms. Schuman said even though the current renter is not at home at all times, the house looks inhabited, which deters vandalism. She said the renter seems to care about the house and main- tains it very well. Ray Gould, 19225 - 92nd W., said the neighborhood really has an interest in the property. He said residents toured the -park and home on Sunday afternoon and held a community meeting on the grounds. Mr. Gould said many of the residents use the property on a regular basis. He said the residents want the park to remain as it exists because they love the beauty and nature of the property. Mr. Gould said residents believe very strongly that the park needs safeguarding and that the house should remain because it is an effective deterrent and control to undesirable activities. EDMONDS CITY COUNCIL MINUTES Page 9 MARCH 20, 1990 Jeretta Graham, 19316 Olympic View Dr., said she and her parents knew the Hutts for many years, and she was very clear what the wishes of the Hutts were. Ms. Graham asked the Council to pre- serve the house and do whatever is necessary to maintain the integrity of the park as it exists. Jim Hennessey, 9309 - 187th S.W., said he has deterred teenagers in the past from abusing the park and continues to serve as a deterrent to undesirable activities. He said the house provides a low profile for the City. Sue Gould, 19225 - 92nd W. was opposed to removing the house because it provides an ;element of security for the park. Ray Martin, 18704 - 94th Ave. W., said the cost sheet that was provided to the Councilwasinade- quate. He pointed out that the sewer was installed in 1986 and that the water/sewer expenditure was a result of two City employees who came to the park with their children looking for water with their rods and accidentally tapped into the water line for the house. Mr. Martin said the City received an estimate to repair the roof in 1986 for $3,885 plus tax, but it will cost more in 1990. Mr. Martin said the City finally has a Parks & Recreation Manager who is sensitive enough to understand the Hutt Park dilemma. Mr. Martin was in favor of establishing a subcommittee to review the status of Hutt Park with respect to long-term plans. He suggested that Ms. Ohlde be designated as the property manager for the park. Mr. Martin noted that Mr. Hennessey has expended a considerable amount of time and effort to improve the house. Mr. Martin said the cost sheet does not serve as a valid document to assess the expenditures to date because it is inaccurate. Mr. Martin requested the Council to retain the house and to delegate Ms. Ohlde as the property manager for the park and to "keep the Public Works and other people out of there". Robert VanCitters, 9131 - 184th S.W., said he has lived next to the park for almost 30 years and he knew the Hutt family. Mr. VanCitters said he uses the park almost daily. He believed the presence of a person in the home definitely serves as a deterrent to vandalism. He said tearing down the house would be the first step towards subjecting the property to some other use. Mr. VanCitters was in favor or organizing a subcommittee to review the long-range plans for the park. Greg Szalay, 18921 - 94th Ave. W., said the park does not seem like a park to him. He said he did not see how a structure on the property is necessary for a caretaker. He noted that the park is no larger than the Edmonds City Park and there are no caretakers for that property. Mr. Szalay said he did not think vandalism was a major concern at Hutt Park because he has never seen any. Lowell Wiseman, 18429 High St., said his home borders the north side of the arboretum, and he feels more secure by the presence of the house and its occupant. He said the neighbors feel the park is a safer place for children to play in because the house is occupied. Mr. Wiseman said the neighbors want the house to remain not only for its sentimental value but also because they feel it provides security to the immediate neighbors. He said additional noise would be created if the house was removed because people would tend to congregate in the open space, and the bald eagles would be discouraged from landing on the property. Donn Wells, 9137 - 186th, said the Hutts established P.A.W.S., the Sculptors' Workshop that now exists at the Anderson Center, the Spay & Neuter Center in north Seattle, as well as many other organizations. He said the spirit of the Hutts still exists within those organizations and it still exists in the park. Mr. Wells said he believed a majority of the citizens of Edmonds are in favor of retaining the house because they perceive it to act as a deterrent to vandalism and because the house is unusu- al and can be enjoyed by people for many years to come. EDMONDS CITY COUNCIL MINUTEST! Page 10 MARCH 20, 1990 Mr. Wells said the present tenant, Mr. Hennessey,. has taken an interest in the house and has repaired it when repairs were needed. Larry Brainard, 18822 - 94th Ave. W., was in favor of retaining the house for a long period of time. He said the fair market rental value of the house should be ascertained. He noted that the rent has contributed a positive cash flow over and above expenses. Mr. Brainard said he believes the park is a safe place because of the existence of the house and tenant. Mr. Brainard said the fauna and flora will cease to exist if the house is removed and the proper- ty is developed. He believed the house to be an asset. He said the funds that are generated from rental income can be utilized to maintain the house, not costing the City any revenues. Wendy Barry, 859 Puget Way, said she walked through the park in the past by accident and thought the house was abandoned. She said she found it very difficult to ascertain where private proper- ty ended and public property began. Ms. Barry said Hutt Park is not a place she intends to visit on her daily walks because she does not think it is a friendly place. Ms. Barry said she did not see the park, as it is utilized at the present time, as a reasonable approach to the property. Ms. Barry said a liability is created with the use of the driveway for the house because it serves as the main pedestrian access to the park. She said the entrance could be blocked off and the park designated for pedestrian access only as one solution to vandalism. Ms. Barry said she did not believe the City should be a landlord. Ms. Barry said she believed the City will comply with the intent of the Hutts if the house is removed because the deed and contract had no stipulations regarding the house. She said removal of the house will reduce the City's liability, will reduce long-term financial drain to the City, and will serve the best interest of the neighborhood. Ms. Barry submitted to the City Clerk her written request from which she had read in her testimo- ny (marked Exhibit 2). Steve Hatch, 1401 - 9th Ave. N., said he did not feel the property was a park the first time he went there, and he felt like he was on somebody's private property. Mr. Hatch said part of the park is not being utilized by the public because the house is occupied by a tenant. He said he would like to be able to go inside the house and see the unusual fea- tures. Mr. Hatch said the City can better determine if the house should be maintained and converted to a memorial to the Hutts if the actual revenues and expenditures were ascertained, or the house would be put to a better use if it were removed and an informational memorial established. Mr. Hatch believed the houses should be torn down or, if they are maintained, utilized for public use rather than for private rental. Frank Anderson, 186th Pl., said the property would be better described as an arboretum. Mr. Anderson said taxpayers have not been supporting the house, which is one of the reasons why it should continue to be rented. He said the City can adjust the rental rate if a fair market rental value is not currently being received. Mr. Anderson agreed that the presence of someone in the house is a benefit to the park. He said the community does not need an open area if the house is removed because the park is different from other City parks. He said the property is an arboretum, and he requested the Council to leave it as it exists. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER JAECH, TO SAVE THE HOUSE AND MAKE THE NECES- SARY REPAIRS AND CONTINUE ON. WITH THE SAME BASIC ARRANGEMENT WITH THE FOLLOWING CHANGES: ENTER INTO AN OPEN-ENDED RENTAL AGREEMENT AT SOME MODEST BUT FAIR RENTAL INCREASE, AND HAVE THE MAYOR, COUNCIL PRESIDENT, AND PARKS & RECREATION DIRECTOR ESTABLISH A COMMITTEE OF INTERESTED PEOPLE TO EVALUATE THE LONG-TERM USAGE FOR THE HUTT HOUSE AND GIVEN THEM ENOUGH TIME TO COVER ALL THE BASES AND THEN, PERHAPS, IN A YEAR OR TWO OR THREE THE COUNCIL CAN TALK ABOUT THIS AND MAKE SOME OTHER DETERMINATION. EDMONDS CITY COUNCIL MINUTES Page 11 MARCH 20, 1990 Councilmember Hertrich said he received a letter from Betty Willett, Secretary of the Soundview Garden Club, stating, in essence, that the members feels the Hutt property should be preserved as a park. Councilmember Hertrich said he called Ms. Willett because she did not mention the house In the letter, and Ms. Willett said she had no opinion about the house but was afraid the park would be developed for some other use. Councilmember Hertrich said her fear emanated from a telephone conversation that the City was thinking of developing the park in a different manner. Councilmember Hertrich said he did not think the City has ever gone on record as taking action of that sort. As a procedural matter, Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO EXTEND THE MEETING. MOTION CARRIED. Councilmember Palmer said he thought the motion was premature because there are a large number of issues that need attention. He said he would like a fire inspection conducted of the house and would like Staff to ascertain what today's costs are of the house and projected costs. Council - member Palmer said the idea of a Hutt arboretum appealed to him. He was deeply concerned with the comments that there was a feeling of not being welcomed or uneasiness and whether the park is a public area or not. He said there was a question in his mind whether the corner house could or could not provide adequate security for the park, as well as a question as to whether a live-in park manager is necessary. Councilmember Palmer pointed out that the cost sheet does not reflect $40 per month for leasehold tax, insurance and other costs associated with the facility so the City may be losing money. He said there is no specific deed requirement that the house remain, and he was certain the the attorney who drew up the document would have been very careful to stipulate that the house remain if that had been the desire of the Hutts. Student Representative Brian Mason said the rental fee could be increased to offset the cost of maintenance. He said signage would help identify the public grounds from the private grounds. Mr. Mason said perhaps a memorial inside the house could be established for the Hutts for the public's benefit. He suggested that the community help maintain the park grounds. Councilmember Nordquist said he served on the Planning Board at the time the Hutts deeded the property to the City, and he said the intent was to accept the property as City property and to provide a home to the Hutts, as well as continue to use it as a neighborhood facility. Councilmember Nordquist said he was privy to the discussions at the time the deed was offered and accepted by the City, and he thought the motion was appropriate. Councilmember Hertrich con- curred. Mr. Snyder inquired if Councilmember Wilson intended that the open-ended rental agreement be a one-year lease that rolls over with renegotiation of rent or a month -to -month lease. Councilmem- ber Wilson said he would yield to the legal opinion of Mr. Snyder. Mr. Snyder said a month -to - month lease gives the City the ability to terminate the lease on a thirty -day notice. Councilmember Palmer inquired what the "necessary repairs" would entail. Councilmember Wilson said he assumed all of the repairs that have been made in the past were necessary, and if the roof was leaking it should be repaired. Councilmember Palmer noted that Councilmember Wilson, in his motion, established the Committee from one to three years. Councilmember Wilson said he wanted them to have enough time to review the issue, but he suspected that they would act in an expeditious manner. Councilmember Palmer said he did not want the Committee to take three years to reach a conclusion. Councilmember Palmer inquired what role the Parks Board would play. Councilmember Wilson said they will act as they have in the past. MOTION CARRIED WITH COUNCILMEMBER PALMER OPPOSED. MAYOR Mayor Naughten announced that a Washington Cities & Towns meeting is scheduled on March 22 in Mill Creek. Mayor Naughten said the City would like to erect a memorial to the Bracketts. He noted that most of the money will emanate from the community, but the City would like to pledge $500. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO ALLOCATE $500 FROM THE CONTIN- GENCY FUND FOR A BRACKETTS MEMORIAL. Councilmember Palmer said he would vote against the motion because he thought City funds could be put to a better use and because he thought projects that require funding should be discussed with the Council prior to becoming public knowledge. Councilmember Kasper concurred. MOTION CARRIED WITH COUNCILMEMBER KASPER AND COUNCILMEMBER PALMER OPPOSED. EDMONDS CITY COUNCIL MINUTES Page 12 MARCH 20, 1990 Mayor Naughten suggested that the City mail a Centennial brochure to all residents and include a survey with the brochure. Councilmember Jaech thought the survey should be a separate item from the brochure. She said she was in favor of the brochure as long as the Centennial Committee funded the cost. She asked the Mayor to submit the costs and issues that will be associated with the survey to the Council before sending it to the community. Mayor Naughten said the Driftwood Players have requested the City to co-sponsor the Edmonds Sto- ries. He said the Historical Society may buy the tickets and sell them and there will be no cost to the City. Mayor Naughten said he serves on the Ethics Committee for Snohomish County, and the City may benefit from the policy that is forthcoming regarding elected officials. COUNCIL Council President Nordquist requested the Council to submit suggestions for the Council retreat at the next Council meeting. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO EXCUSE COUNCILMEMBER JAECH'S ABSENCE FROM LAST WEEK'S COUNCIL MEETING. MOTION CARRIED. Councilmember Palmer thanked Council President Nordquist for attending the Disability Board meet- ing last week in his place. He said he will be unable to attend every meeting, and Councilmember Kasper has agreed to act as an alternate. Mayor Naughten noted that the City crowned a new Miss Edmonds last Saturday, Lori Lettengarver. Councilmember Hertrich said the Council has not discussed acquisition of the last parcel for the Public Works site. Councilmember Kasper suggested that that issue be discussed at next week's meeting. Councilmember Hertrich said the Puget Sound Council of Governments would like to make presenta- tions to the Council. Community Services Director Peter Hahn said the organization will talk about regional development strategies with the Council. No objection was noted by the Council. The meeting adjourned at 10:28 p.m. THESE MINUTES ARE SUBJECT TO MARCH 27, 1990 APPROVAL. AC ELINE G. PA RETT, City'"Clerk L RRY S. NAUGHTEN, a EDMONDS CITY COUNCIL MINUTES Page 13 MARCH 20, 1990 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. MARCH 20, 1990 FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF MARCH 6, 1990 (C) PROPOSED RESOLUTION 696 TO IMPLEMENT INCREASED PENALTIES REGARDING UNLAWFUL DRUG ACTIVITIES ON OR NEAR SCHOOL GROUNDS (D) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW RELATING TO HEARING ON APPEAL OF ARCHITECTURAL DESIGN BOARD DECISION REGARDING PROPOSED 8-UNIT APARTMENT BUILDING AT 327-329 3RD AVE. S. (NOACK/ GROSET/AP-54-89/ADB-112-89) (E) REPORT ON BIDS FOR CENTENNIAL HISTORY BOOK AND AWARD OF CONTRACT TO WALSWORTH PRESS ($8,300) (F) APPROVAL OF PARTICIPATION AGREEMENT WITH EDMONDS-SNOHOMISH COUNTY HISTORICAL SOCIETY FOR EDMONDS CENTENNIAL EXHIBIT ($5,000) (G) AUTHORIZATION TO ACCEPT UTILITY EASEMENTS FOR THE YATES ADDITION DEVELOPMENT PROJECT (H) PROPOSED ORDINANCE 2765 AMENDING EDMONDS CITY CODE REGARDING MANDATORY AUTOMOBILE LIABILITY INSURANCE (I) APPROVAL OF EDUCATIONAL REIMBURSEMENT POLICY (J) -ACCEPTANCE OF UTILITY EASEMENT FROM ELLEN JANE ORNER AND EDWIN J. ORNER AT 17216 73RD AVE. W. (K) CANCELLATION OF OLYMPIC VIEW DR. OVERLAY AS A FEDERAL AID PROJECT 2. AUDIENCE 3. MEET WITH PETITIONERS FOR PROPOSED ANNEXATION OF PROPERTY LOCATED AT SR104 AND 97TH AVE. W. (PETITIONERS: WALT BERSCHAUER, ET AL) 4. DISCUSSION OF RECYCLING WITH LOCAL GARBAGE HAULERS 5. HEARING ON NORTH MEADOWDALE RD. FUTURE WALKWAYS AND RIGHT-OF-WAY WIDTHS 6. HEARING ON PROPOSED UNDERGROUND WIRING AND DECORATIVE LIGHT PROJECT FOR MAIN ST., WEST OF 3RD AVE. 7. HEARING TO REVIEW STATUS OF HUTT HOUSE 8. MAYOR 9. COUNCIL (130 MINUTES) (15 MINUTES) (60 MINUTES) THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE