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09/25/1990 City CouncilTHESE MINUTES SUBJECT TO OCTOBER 2. 1990 APPROVAL EDMONDS CITY COUNCIL MINUTES SEPTEMBER 25, 1990 (WORK MEETING) The regular meeting 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 ABSENT STAFF Larry Naughten, Mayor John Nordquist, Mary Lou Block, Planning Div. Mgr. Steve Dwyer', Councilmember Council President Art Housler, Admin. Svc. Director Roger Hertrich, Councilmember Arvilla Ohlde, Parks & Rec. Mgr. Jo -Anne Jaech, Councilmember Dan Prinz, Police Chief William Kasper, Councilmember Bob Alberts, City Engineer — Jeff Palmer, Councilmember Peter Hahn, Comm. Svc. Director Jack Wilson, Councilmember Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Councilmember Dwyer arrived a few minutes late and did not vote on approval of items on the Con- sent Agenda. CONSENT AGENDA Items (C) (K), (L), and (M) were removed from the Consent Agenda. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CAR- RIED. Item (B) was approved with the corrections noted in the memorandum (see following para- graph). The approved items on the Consent Agenda include the following: (A) ROLL CALL (B) APPROVAL OF MINUTES OF SEPTEMBER 18, 1990 (WITH CORRECTIONS) !2�+"✓�a ``�J� (D) FINAL ACCEPTANCE OF WORK BY KATHOL ROOFING FOR ANDERSON CENTER ROOF REPAIR PROJECT, AND SET 30 DAY RETAINAGE PERIOD I R F,� ,b.0 °'(E) FINAL ACCEPTANCE OF WORK BY KAR-VEL CONSTRUCTION FOR 1990 WATERLINE REPLACEMENT PROGRAM, AND SET 30 DAY RETAINAGE PERIOD q� (F) FINAL ACCEPTANCE OF WORK BY ASSOCIATED SAND AND GRAVEL FOR 1990 STREET OVERLAY PROGRAM, AND SET 30 DAY RETAINAGE PERIOD Qom` (G) APPROVAL OF DEPOSIT OF POLICE AUCTION PROCEEDS INTO DRUG ENFORCEMENT FUND (H) WIILLOWOCREEKNPLANNED95 AMENDING RESIDENTIALORDINANCE DEEVELOPMENT02TOODELETELCITY DEVELOPMENTGMAP, AND AUTHORITYY OFABUOILD- ING D I) ACCEPTANCE OF EASEMENT FROM MARWOOD K. AND BEVERLY A. BINGHAM FOR INSTALLATION OF SANITARY AND STORM SEWER AT 15805 - 72ND AVE. W. �J) ACCEPTANCE OF EASEMENT FROM PETER SALAMONSEN FOR INSTALLATION OF SEWER AT 629 GLEN ST. (N) APPROVAL OF HAMMONU, COLLIEP. AND WADE-LIVINGSTON ASSOCIATES, INC., FOR DESIGN OF 96TH AVE. W. STORM DRAINAGE SYSTEM ($13,000) APPROVAL OF MINUTES OF SEPTEMBER 18, 1990 ITEM (B) ON THE CONSENT AGENDA The minutes were approved with the following corrections submitted by the City Clerk: On page 4, paragraphs 8 and 9 begin with, "Mr. Johnson:..". In both instances, that should be "Mr. Smith...", alluding to Bob Smith, whose testimony begins in paragraph 7. There are two errors in dates that should be corrected. The first, on page 8, third paragraph, is the meeting date change because of the election. The motion should read, "...TO MOVE THE NOVEMBER 6, 1990 COUNCIL MEETING TO NOVEMBER 5 BECAUSE OF THE GENERAL ELECTION", instead of from November 5 to November 4. The second correction is on page 9, third paragraph, regarding the excused absences of Councilmember Jaech and Councilmember Kasper. Councilmember Kasper meant for his absences of October 2 and October 9, 1990 to be excused, instead of September 25 and October 2. -,AUTHORIZATION TO TRANSFER $13,993 FROM COUNCIL CONTINGENCY FUND TO COMBINED UTILITY FUND FOR D� ACQUISITION OF PROPERTY LITEM C ON THE CONSENT AGENDAI Councilmember Hertrich questioned the practice of sharing the cost to acquire property between the Council Contingency Fund and the Combined Utility Fund. He inquired how it is determined from which fund or funds monies are to be derived for a particular acquisition. City Attorney Scott Snyder said there are no legal limits or guidelines as to which funds are to be used, and it is an item of Council discretion. Community Services Director Peter Hahn said Staff tried to determine to what uses that parcel would be put to when it was initially under consideration for acquisition, and as best as they could determine, the property would have an equal use. bl"0c f r,-!' Councilmember Wilson said he, also, thought a larger percentage of the funds should emanate from the Combined Utility Fund for acquisition of the property rather than an equal share between the Combined Utility Fund and the Council Contingency Fund. He suggested that Staff refine the formu- la that is used to determine what percentage to derive from any particular fund in the future. Mr. Hahn said if, in the future, it is determined that the function of the Public Works Building leans more towards one use than another, Staff can review that issue and make adjustments, if it is legal. COUNCILMEMBEk KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH FOR DISCUSSION, TO APPROVE THE TRANSFER. Councilmember Hertrich thought the formula that is presently used for acquisitions for utilities is not equitable and should be reconsidered for future acquisitions. In response to a question by Councilmember Wilson with respect. to changing the present formula, Mr. Snyder said the Council's motion would need to be codified in the form of an ordinance at year end which makes adjustments within the budget. He said if the Council can justify a higher percentage line usage, that formula can be incorporated into the final budget transfer. MOTION CARRIED. APPROVAL OF ACCESS EASEMENT AT SOUTHEAST CORNER OF PINE RIDGE PARK AT 208TH ST. S.W. AND 83RD AVE. W. LITEM K ON THE CONSENT AGENDA At the request of Councilmember Hertrich, City Attorney Scott Snyder explained that title docu- ments for the 30 foot strip of land between Mr. Thuesen's PRO and Pine Ridge Park shows an excep- tion of the south 30 feet, meaning that the transfer was never executed (the City did not pur- chase that parcel). He said it appears that Robert Swanson began to reserve an easement for a road in the early 1950's, but there is no record that the easement exists because the County purged all of those documents in its system in 1965. He noted that the parcel in question has a gas transport pipeline on it, a City sewer line, a private easement for a road, and overhead utility wires. Mr. Snyder said the City is shown on County tax records as the owner of the strip in question but no one has paid taxes on it for 25 years. He said the City has, however, owned the property and could produce records of maintenance for the entire park and portions of the area and claim ad- verse possession of the strip. He recommended that the City treat the property as its own and use quit claim language in the transfer of easements to Mr. Thuesen and that the City quit claim whatever interest it may have, if any. Mr. Snyder said the property is a debased parcel, and if someone were to come forward at a later date and show good title to it, the City could acquire it for less money than it would cost to do a quiet title action. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH FOR DISCUSSION, TO AUTHORIZE MAYOR NAUGHTEN TO SIGN THE PROPOSED ACCESS EASEMENT ON THE SOUTHWEST CORNER. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER PALMER, TO AMEND THE MOTION THAT THE CITY QUIT CLAIM WHATEVER INTEREST IT MAY HAVE, IF ANY, ON LINE 2. MOTION CARRIED. . THE MAIN MOTION, AS AMENDED, CARRIED. FINAL APPROVAL OF PLANNED RESIDENTIAL DEVELOPMENT/SUBDIVISION OF PARK COURT AND ADOPTION OF COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER PALMER, TO ADOPT THE PROPOSED ORDINANCE GRANTING FINAL APPROVAL TO THE PRD OF PARK COURT. EDMONDS CITY COUNCIL MINUTES Page 2 SEPTEMBER 25, 1990 Councilmember Palmer noted that the Council received correspondence from Eric Thuesen requesting that the City change the fire lane designation because it meets all street standards but just lacks the extra width. Councilmember Palmer felt the Council should resolve that issue. He inquired of the City Attorney if it would be more appropriate to delete the fire lane designation at the present time rather than at a later date. City Attorney Scott Snyder noted that the appli- cant would be required to go through the PRO amendment process if the Council did not act now. Because the Council had already found that a public safety problem exists, Mr. Snyder suggested that the Council make a motion to determine that they find that the substitution of a properly signed public road for a fire lane would not be a substantial PRO amendment and Staff could make that determination. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO AMEND THE MOTION TO INCLUDE THAT THE COUNCIL FINDS THAT THE SUBSTITUTION OF A PROPERLY SIGNED PUBLIC ROAD FOR A FIRE LANE WOULD NOT BE A SUBSTANTIAL PRO AMENDMENT AND STAFF COULD MAKE THAT DETERMINATION. Planning Division Manager Mary Lou Block noted that the language contained in the joint use and maintenance agreement for the road states, "Parties agree not to obstruct, impede or interfere or park in the private road. This will allow for reasonable use of the private road for ingress and egress of public safety vehicles as well as private vehicles". Councilmember Hertrich said there was some confusion as to who the request emanated from. Coun- cilmember Palmer said Mr. Thuesen made the request. Councilmember Hertrich inquired if Eric Thuesen and Thuesen Custom homes were one in the same. Councilmember Palmer said he did not believe so. Councilmember Hertrich inquired, then, if the applicant was Eric Thuesen and not Thuesen Custom Homes. Councilmember Palmer replied affirmatively. Councilmember Dwyer inquired if the covenants would be enforceable by adjoining property owners only or if the City could have standing to enforce the terms. Mr. Snyder said basically only the abutting property owners could enforce the terms, but he said the City would remove vehicles from the road in an emergency situation. Ms. Block clarified that Eric Thuesen and Thuesen Custom Homes were one in the same. MOTION TO AMEND CARRIED WITH COUNCILMEMBER DWYER OPPOSED. THE MAIN MOTION, AS AMENDED, CARRIED WITH COUNCILMEMBER DWYER OPPOSED. AUTHORIZATION TO RETAIN BELL -WALKER ENGINEERS TO REVIEW SAFEWAY PROJECT ON SR 99, LAKE BALLINGER AREA TRAFFIC IMPACTS, AND POTENTIAL TRAFFIC SIGNAL AT SR 99/236 H S1. S.W.5,000 IT M M N ✓� THE CONSENT AGENDAS 7 COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER PALMER, TO AUTHORIZE BELL -WALKER AS ENGI- NEERS FOR THE LAKE BALLINGER TRAFFIC IMPACT STUDY FOR THE SAFEWAY PROPERTY AND THAT WRITTEN NO- TICE BE GIVEN TO COMMERCIAL PROPERTY OWNERS SOUTH OF 236TH TO THE COUNTY LINE BECAUSE ANY MODIFI- CATION TO THE LIGHT ON 238TH WILL BE A MAJOR IMPACT. MOTION CARRIED. At the request of Mayor Naughten, the discussion sequence of item 5 (Presentation of Snohomish County Tomorrow report, and item 9 (Review and approval of proposed public media presentation on ferry terminal) were reversed as a courtesy to Jeannie McMacken, who was in attendance to make a presentation on item 9. CWC-HDR MONTHLY REPORT Bud Benges, CWC-HDR, Inc., reported that the primary clarifier roof precast members are in- stalled. Final painting of primary clarifier number 1 is in progress. Construction of the solids processing and sludge incineration facilities continues with minor cleanup and repair items remaining. The City of Edmonds is operating the solids processing facil- ities on behalf of the contractor until substantial completion is granted. Acceptance testing and air quality emissions testing for the incinerator were completed at the end of August 1990. Construction of the secondary treatment units continues. The aeration basin precast roof members are installed, and installation of piping and miscellaneous mechanical items continues in the aeration basins. The contractor is continuing with placement.of final clarifier walls and has started form work for the blower building suspended floor slabs. Installation of the access tunnel walls along the west end of the aeration basins is completed. The contractor has started construction of the effluent pumping station below grade concrete walls. EDMONDS CITY COUNCIL MINUTES Page 3 SEPTEMBER 25, 1990 Change Order Number 8 has been executed by the City of Edmonds. Change Order Number 9 ($44,678) has been negotiated with the contractor, which includes electrical test equipment items needed for maintenance purposes that were requested by the City. Construction of the Edmonds wastewater meter station project is complete with the exception of several minor punch list items. The contractor has indicated that a claim will be submitted for $36,000 for construction impacts due to underground debris and a gas line that was encountered at meter station number 3. Councilmember Dwyer inquired if the potential claim for $36,000 will be paid out of the wastewater meter station line item. Mr. Benges replied affirmatively. He noted that a cost overrun of 10% will occur if the claim is processed. With respect to change order number 9, Councilmember Dwyer inquired why the electrical equipment was not purchased initially. Mr. Benges explained that the equipment was not included in the contract because there was no one at the plant that had the capability to use that equipment, but the City has since retained an em- ployee who has the ability to do preventive maintenance and break -down maintenance on much of the electronic equipment. City Engineer Bob Alberts noted that the Council had approved acquisition of that equipment in the past. Councilmember Palmer inquired if the purchase of that equipment was related to the outside sales of other equipment that was to be surplussed to offset the cost. Mr. Alberts re- plied negatively. REPORT FROM CABLE TV CONSULTANT REGARDING FEDERAL LEGISLATION GOVERNING CABLE TV AS IT AFFECTS Because the consultant was unable to attend the Council meeting, City. Attorney Scott Snyder re- ported that passage of the house bill for cable deregulation has no companion bill in the senate so it promises to be a lengthy procedure for senate review. He said the bill is less favorable to cities' authority in regulating than the current statute. Mr. Snyder said the City's fran- chise would permit inclusion of greater powers if they are granted to the City in the course of the legislative process but if the City's powers are restricted, having a signed franchise agree- ment in place could be helpful, if the City is not preempted. The Council recessed to an executive session at 7:32 p.m. to discuss cable t.v. franchise negotia- tions and reconvened at 8:19 p.m. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO ADOPT THE RESOLUTION 708. MOTION CARRIED. REVIEW AND APPROVAL OF PROPOSED PUBLIC MEDIA PRESENTATION ON FERRY TERMINAL 11 f Jeannie McMacken, of McMacken and Company, stated that the Council received a proposal for a multi-imaoe Dresentation on the ferry terminal at the special council meetina on Auaust 21. At that time, some of the Council felt that a complete tactical program was necessary and that the multi -image presentation was only one piece of an overall communications plan. She said the Council suggested that a strategic plan be developed which included some of the traditional tacti- cal elements of an issues -oriented campaign. Ms. McMacken said because of an expansion plan due to the increased ridership on the Edmonds - Kingston ferry route, the Edmonds City Council has recommended that the ferry terminal be moved from its present location off Main Street to another area that is more suited to the projected increase in traffic and congestion. Ms. McMacken said there are a myriad of tactics available to inform the community of the Coun- cil's position on the issue and influence public opinion and garner support. She recommended the following: 1) Press relations and media kit: develop fact sheets and press information. Arrange one-on-one press briefings and a tour of the present facility and proposed location. Keep the issue alive through a planned program of story placements geared to keep ferry ridership and issues in the news over a period of time. 2) Informational meetings: hold'a series of meetings with Edmonds organizations (business and service groups) and illustrate the issue with prepared visuals. Hold a series of meetings for the public in the same manner. EDMONDS CITY COUNCIL MINUTES Page 4 SEPTEMBER 25, 1990 3) Multi -image program: present the visual issue through illustration of a visual medium. The program will document problems and solutions using testimonials. It would be used as an integral part in all meetings. It may be possible to extend the use of the program by placing the video version in the library. 4) Direct mail: create an informational brochure that would be mailed to all Edmonds' residents documenting the issue. Photography from the multi -image program could be used as illustrations in the piece. Additional pieces could be left in the library, given to ferry riders, etc. Councilmember Wilson expressed his appreciation to Ms. McMacken for her presentation, but he questioned the necessity of the proposal. He said the location of the terminal is an issue that will be determined by the legislature and not by the citizens of Edmonds. Councilmember Wilson wondered if it would be a wise expenditure of money to embark on the program. Mayor Naughten believed the proposal was a worthwhile venture because he said the Council will receive more community support and, consequently, political support, if the public is more aware of the Coun- cil's position. Councilmember Wilson said the issue has been reported by the press on many occa- sions. He said if the public is not aware of the Council's position by now, they must not be interested in the issue. Councilmember Kasper said the community has not voiced opposition to the Council's position. He thought it would be premature at this point to launch a multi -image program because the City does not know what the solution to the issue is. Councilmember Palmer also thanked Ms. McMacken for her proposal, but he was concerned about the timeliness of such a program. In addition, he thought it would be wise for the Council to consid- er presentations from several other firms before making a selection. COUNCIL SELECTION OF PREFERRED REGIONAL DEVELOPMENT STRATEGY The presentation was not made because it was the consensus of the Council that it would be redun- dant to state on the record which growth strategy they preferred because the City is represented in other capacities in a number of other organizations that are involved in the issue at the present time. REVIEW OF STRUCTURE DESIGN OF INTERPRETIVE CENTER FOR BRACKETT'S LANDING UPLANDS IMPROVEMENT Parks & Recreation Division Manager Arvilla Ohlde reported that the City Council voted on August 7 to exclude the construction of the interpretive shelter on the Brackett's Landing Upland Im- provements Project. On August 14, she said Roger Hertrich, Chairman of the City Council Community Services Committee, requested that the City Council reconsider the construction of the shelter and take a tour of other shelters in Lynndale Park and Meadowdale Beach Park to see actual examples of natural log structures. The designer, Atelier, p.s., was available with design options, and Frances Murphy, Chairman of the Brackett's Landing Foundation, spoke on the essential need of an interpretive shelter at Brackett's Landing. Ms. Ohlde said Atelier, p.s. has verbally indicated that they can design a more natural structure for the same construction cost of $64,110. Ms. Ohlde said in order to provide the additional designs and presentations for the natural struc- ture, a cost amendment to the original contract of $1,800 needs to be approved by the City Coun- cil. Ms. Ohlde said the Council may elect to support the August 7 action eliminating the interpretive shelter portion of the Brackett's Landing Upland Improvements Project, in which case Atelier, p.s., will complete construction documents for the site development and Alternatives 1 through 4 and 6 through 10. Or the Council may elect to proceed with the construction of the interpretive shelter and request that a construction design be developed by Atelier, p.s., that reflects the natural structures that were discussed at the August 7 Community Services meeting. Ms. Ohlde noted that the interpretive shelter is the final aspect of the 1985 IAC grant funded through the Federal Land and Water Conservation Funds. If the shelter portion of the project is eliminated, in order to complete the project contract with IAC, she said the City must formally request that the scope of the initial project be diminished to exclude the interpretive shelter portion and the State will then close the project and complete final inspection review. Ms. Ohlde said $9,000 from IAC, anticipated as final reimbursement upon completion of the shelter, would be not received by the City. Ms. Ohlde said it is Staff's recommendation to approve additional funding of $1,800 to Atelier, p.s., for completion of the interpretive shelter at Brackett's Landing or direct Staff to make a EDMONDS CITY COUNCIL MINUTES Page 5 SEPTEMBER 25, 1990 formal request to IAC to eliminate the interpretive shelter portion of the IAC grant and complete final inspection of the Brackett's Landing Upland Improvements Project. Ms. Ohlde noted that several other alternative options that were discussed at previous Council meetings, such as bulkhead repairs or a new roof, can be contracted with Atelier for bid if the Council chooses not to construct an interpretive shelter. She explained that items can be deduct- ed if the City's bid to a consultant or a construction company comes back greater, and the items can be accomplished as individual projects in the future. Councilmember Wilson inquired about the dimensions of the proposed structure. Ms. Ohlde said she believed it is 20'x42'. Councilmember Dwyer said he acquiesced into approving a structure on the beach, but he was some- what unnerved about the construction cost of $64,110. He inquired if a smaller building would be less costly. Councilmember Kasper replied negatively. Councilmember Dwyer said he did not have a sense as to what the minimum size of the building could be while still serving the intended use. Councilmember Wilson said he could not envision a building the size that is proposed on the water- front because he thought it was inappropriate in a natural setting. Councilmember Hertrich said he initially thought it was appropriate for him to support a shelter on the beach when the issue was first brought to the Council because he is in support of the Beach Ranger Program and interpretive program. He said he is still bothered, though, with the proposal, especially in light of the high cost to construct the shelter and because of a lack of enthusiasm on the part of the Council to construct a structure on the beach. Councilmember Palmer said he did not believe the key. element is whether or not to construct a building on the beach but is, rather, the value of the Beach Ranger Program and educational pro- grams. He said he would like to pursue additional designs for a natural structure. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE ADDITIONAL FUNDING OF $1,800 TO ATELIER, P.S., TO COMPLETE THE DESIGN OF A NATURAL STRUCTURE, AND INCLUDE THE BID SPECI- FICATIONS AND ALTERNATE OPTIONS. MOTION CARRIED. REVIEW STATUS OF YOST POOL COVER " Parks & Recreation Division Manager Arvilla Ohlde reported that review of the feasibility study completed several years ago by ORB Architects on coverage of Yost Pool provides a comprehensive reference. She said the consensus of past reports favor an air structure system. She noted that the investment is minimal, and the benefits can be obtained at a relatively conservative capital outlay of approximately $150,000 to $200,000. Ms. Ohlde said the Council needs to proceed with the next step in the pool covering process which is to direct Staff to prepare a formal Request for Proposals (RFP). She said the City Council will then direct Staff to seek authorization to begin the public advertisement for the RFP for the cover. Councilmember Kasper inquired if the pool cover would connect with the other building. Ms. Ohlde replied negatively. She said the air structure system would cover the pool itself and surround- ing deck area. Councilmember Kasper inquired if the cover was transparent. Ms. Ohlde said it is opaque. Councilmember Hertrich inquired about the cost to operate an indoor pool. Ms. Ohlde said she is familiar with the operation of a pool in Bremerton, and it costs approximately $200,000 per year. She noted, however, pools with revenue -producing programs, such as in Mountlake Terrace, can offset the cost. Councilmember Wilson inquired at what percentage of recovery the pool in Bremerton operated. Ms. Ohlde replied 59%. Councilmember Wilson said the Council must consider not only the cost of the pool cover itself but how it will impact the General Fund over the years. He said Staff has estimated that it will create a deficit as high as $150,000 per year for the pool cover, which includes auxiliary pro- grams. Councilmember Wilson thought it would be appropriate to put the issue on the ballot if the Council was in favor of the proposal so that the public is well aware that they will be subsi- dizing it. He said he could not justify taking the money out of the General Fund for a pool cover because there is no evidence that the pool will have a higher usage. Councilmember Kasper noted that the pool is 15 years old, and $160,000 was expended 3 years ago to renovate it. He said the issue of whether or not to cover the pool will be moot if a EDMONDS CITY COUNCIL MINUTES Page 6 SEPTEMBER 25, 1990 decision is not made in the near future. Councilmember Kasper noted that a pool cover will pro- tect the pool and decrease maintenance. He said the Council must measure the public benefit that will be created when making the decision. * Councilmember Palmer said the costs recovery of the pool without a cover at the present time is 73% with a $20,000 deficit each year, but the costs recovery with a pool cover will be 44% with a $100,000 deficit. He inquired about the life of the cover. Ms. Ohlde replied approximately 15 years. Councilmember Palmer inquired if expanded pool activities will significantly offset the cost to operate the pool. Ms. Ohlde said an aggressive marketing program can increase revenues. She said there are a number of activities, such as an exercise program, aerobic programs, learn - to -swim programs for school children, that will bring in revenues. Councilmember Palmer said -the former Parks & Recreation Manager conducted an analysis of swimming pools throughout the North- west and in every instance, every pool had a tremendous operating loss each year. Councilmember Palmer stated that by increasing user fees, the citizens at large will subsidize a greater subsi- dy of the smaller user group. He inquired about the potential for existing users to pay a higher fee. Ms. Ohlde said rate increases are something that the City should look at every 2 or 3 years. Councilmember Palmer pointed out that a parking problem could result if pool programs are expanded. Ms. Ohlde concurred. Councilmember Palmer said the Council identified a number of major capital projects that were needed in the City at their last retreat which included, but were not limited to, a long-standing list of projects for the Parks Department. He inquired how the pool cover compared with the other needs of the Department. Ms. Ohlde said some of those needs would be funded from the General Fund or Capital Improvement Program. She said the pool cover is probably an issue that should be placed on the ballot, and the voters should be cogni- zant of their commitment if they endorse a pool cover. Ms. Ohlde said she would support a pool cover if that is the desire of the voters. Councilmember Hertrich inquired if the City realizes a 100% return on expenditures for other City parks. Ms. Ohlde replied negatively. She said a return is realized for some functions, such as league play at Meadowdale Park, but other programs are totally subsidized, i.e., park maintenance and the flower program. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO OPEN THE DISCUSSION TO THE PUBLIC FOR NO MORE THAN TEN MINUTES. MOTION CARRIED. At the request by Dick Van Hollebeke for a show of support, approximately twenty people in the audience raised their hands in support of a pool cover. Mr. Van Hollebeke said a group of approximately one hundred people formed an organization they call SOAPY (Seniors and Others Advocating a Pool Cover at Yost) one week ago. He said they be- lieve Yost Pool should be covered because it will provide year-round pool activities for chil- dren; it will provide a facility for senior citizens to exercise; it will reduce idle time and prevent crime; and it will provide a local year-round pool for Edmonds/Woodway High School swim teams. Mr. Van Hollebeke said a pool cover would also prevent costly winter damage. Mr. Van Hollebeke asked the Council to judge the issue in the same manner as they would any other park and recreational facility. He said users do not object to a fee to use the pool but ask that the fee be reasonable. Mr. Van Hollebeke said Edmonds is the only community in the area of any size that does not have a covered pool. He said the issue has been debated since the pool was constructed nineteen years ago, and he said the Council must act on the issue before costs become so high that it is no longer feasible. Mr. Van Hollebeke said a great deal more money could be recovered if pool programs were aggres- sively marketed, and he volunteered to organize community support for the cover. He noted that the Council has the ability to limit the expenses by "pulling the plug if it becomes out of con- trol economically". Councilmember Palmer said he did not think there was anyone on the Council that would not like to see the pool covered, but he said it is an economic decision that must be weighed. Councilmember Palmer said he would rather identify revenue sources first and obtain potential commitments from the community before expending the money for a cover, only to realize that the program is not economically feasible. Mr. Van Hollebeke inquired if the Council would be amenable to a presentation in approximately_a month if he was able to obtain tentative commitments from the business community and school dis- trict. Councilmember Palmer encouraged any further refinement that the Council could obtain on cost and revenue figures. * See Council Minutes October 2, 1990 EDMONDS CITY COUNCIL MINUTES Page 7 SEPTEMBER 25, 1990 Councilmember Dwyer said Mr. Van Hollebeke's comment that the City does not charge people to use City beaches but expends large sums of money each year on beaches and other programs was a good point. He said one of the reasons people like Edmonds so much is because of the various ameni- ties that the community has to offer. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO DIRECT STAFF TO PROCEED WITH THE YOST POOL COVER PROJECT. Councilmember Palmer said he would vote against the motion not because he was opposed to the potential of the project but because he was opposed to engaging in a project without first ascer- taining the disadvantages. He said he would like to know what programs the City would be forfeit- ing by allocating funds for the pool cover. Councilmember Hertrich said he has been a proponent of the pool cover for many years. Although Councilmember Palmer stated that the City may be forfeiting a program for the pool cover, Council - member Hertrich pointed out that citizens have given up nineteen years of use of the pool in the winter months. MOTION CARRIED WITH COUNCILMEMBER PALMER AND COUNCILMEMBER WILSON OPPOSED. yy PRESENTATION OF SNOHOMISH COUNTY TOMORROW REPORT y ,_�/ Van" Mayor Naughten reported that between April and August of 1990, the Snohomish County Tomorrow Steering Committee held over 16 meetings to prepare the mission statement and goals regarding growth management, which is incorporated in the document that was included in the Council pack- ets. He said this set of goals is seen as the first step toward shaping the next twenty years of projected growth in the County. Mayor Naughten said the goals will be used by participating jurisdictions in preparing and updating their comprehensive plans and other plans that are neces- sary to meet the requirements of the State Growth Management Act (SHB 2929). Based on current projections, Mayor Naughten said the County is expected to grow by 350,000 by the year 2020, and employement opportunities are also expected to increase, with a greater empha- sis on jobs in the service sector. In response to this growth pressure, the County Council, cities, towns and tribal institutions have jointly adopted the plan for the County's future to maintain the quality of life and enjoyment by all the County residents. The Snohomish County Tomorrow Program established a framework of guiding principles for the comprehensive planning for the County. The work completed so far by the Steering Committee puts Snohomish County jurisdic- tions in the unique position of being well prepared for the challenges of meeting the require- ments of the new State law. Mayor Naughten said the Program is overseen by an assembly of elect- ed officials throughout the County; representatives from each jurisdiction are appointed by the Steering Committee. In addition, the Committee has appointed individuals to the Partnership For Tomorrow Group with a mission to identify capital improvements. Mayor Naughten said the mission statement of the Steering Committee is to adopt a publicly shared vision and goals to guide effective growth management and preserve Snohomish County's unique quality of life Mayor Naughten reviewed the goals of the Committee to facilitate the County's growth as follows: FORESTRY AND AGRICULTURAL LANDS: Preserve and manage lands currently designated on compre- hensive plans or zones as agricultural and forestry lands; NATURAL ENVIRONMENT: Careful management of land use activities to minimize adverse impacts on the environment and develop uniform environmental protection and mitigation standards; RURAL LAND USE: Preserve the character of rural areas and large land areas for open space between and beyond designated urban areas and allow only low residential densities with limited commercial services in rural areas; URBAN LAND USE: Concentrate growth in designated urban growth centers. Delineate urban growth boundaries .and encourage annexations within these boundaries. Emphasize quality of design in new developments, and have rural and urban areas share the cost of the developing impact on urban areas; PARKS AND RECREATION: Support development and use of current park facilities. Acquire new sites in suitable locations, and utilize a range of approaches to acquiring and developing parks; EDMONDS CITY COUNCIL MINUTES Page 8 SEPTEMBER 25, 1990 OPEN SPACE: Preserve, protect, and acquire critical open space, and utilize a range of approaches for acquisition of open space; HOUSING: Create safe, well -designed and maintained neighborhoods and communities. Redevelop aging, under-utilized housing. Create housing which minimizes suburban sprawl and is located close to jobs; TRANSPORTATION: Move people safely and quickly. Integrate transportation and land use planning. Reduce dependence on single -occupant vehicles. Manage demand for transportation through incentives and disincentives. Minimize transportation impacts on local communities and the environment; INFRASTRUCTURE: Support realistic land use and transportation planning with adequate infrastructure, as well as other areas; ECONOMIC DEVELOPMENT: Base the level of economic development activity on our ability to manage the resulting growth. Require that economic development proposals show how increased service and infrastructure will be provided. Encourage economic development activitiesto locate within designed urban areas; CIVIC AND CULTURAL RESOURCES: Strengthen and expand cultural and civic resources. Encourage interjurisdictional and public/private partnerships, and provide cultural and civic amenities to enhance benefits of living in urban areas; EDUCATION: Enhance programs and learning opportunities. Improve and construct facilities. Create more flexible taxing structures. Expand funding sources. GROWTH PATTERNS: Alter current growth patterns to encourage more growth in existing or designated urban areas. Define urban growth areas as soon as possible. Provide incentives for mixed use developed within commercial areas. Emphasize costs of sprawl and benefits of higher urban densities. Increase the quality of higher density development; GOVERNMENTAL ROLES AND RESPONSIBILITIES: Manage growth in a coordinated manner in Snohomish County. Cooperation among jurisdictions will be needed in the areas of planning, service provisions, and funding. Define the level of services in urban and rural areas and increase the development of standards for urban and rural areas. Enter into interlocal agreements to provide a predictable process for the provision of services. Identify County -wide issues and recognize our joint responsibility to formulate and implement a County -wide growth management strategy. Councilmember Palmer noted that concentrating growth in the urban areas is recommended as a way of addressing future growth, while preserving the character of neighborhoods. He inquired how that would be resolved in an area such as Edmonds where higher density is opposite of a quality of life. Mayor Naughten said there are creative ways to increase density without sacrificing the quality of life. If rural areas and agriculture areas are to be preserved, he said density will have to be concentrated in the cities where the services are located. Councilmember Wilson inquired about high -capacity rail. Mayor Naughten said most studies have indicated a successful high -capacity system is supported by urban populations that are clustered nearby. Councilmember Hertrich noted that strong opposition was voiced at PSCOG meetings with respect to changes that would occur in areas and a change in zoning to accommodate a high -capacity rail center. Councilmember Hertrich inquired how the Snohomish County Tomorrow Steering Committee will func- tion in relation to PSCOG II. Mayor Naughten said PSCOG focuses primarily on transportation issues whereas the Committee addresses regional growth planning. As a procedural matter, Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO EXTEND THE MEETING FOR FIFTEEN MINUTES. MOTION CAR- RIED. Councilmember Palmer said he was in agreement with the goals of the Committee with the condition that the autonomy of each city to determine its holding capacity be retained within the local community. EDMONDS CITY COUNCIL MINUTES Page 9 SEPTEMBER 25, 1990 COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PALMER, TO ADOPT THE PROPOSED GOALS AND COMMUNICATE ADOPTION OF THOSE GOALS TO THE SNOHOMISH COUNTY TOMORROW STEERING COMMITTEE, AND ACCOMPANY THAT COMMUNICATION WITH A LETTER SIGNED BY MAYOR NAUGHTEN REFERENCING COUNCILMEMBER PALMER'S CONCERN THAT THE AUTONOMY OF EACH CITY TO DETERMINE ITS HOLDING CAPACITY BE RETAINED WITHIN THE LOCAL COMMUNITY. MOTION CARRIED. DISCUSSION OF 1991 FEDERALLY FUNDED ROAD PROJECTS City Engineer Bob Alberts reported that the federally funded projects for 1991 need to be select- ed in order to meet the 1991 construction season. Included in the Council packets was a list and map showing the top fourteen eligible road projects based on deficiency ratings that were re- viewed in preparing the Six -Year Transportation Improvement Program for 1991-1997. Also included was a list of road projects and signal projects. Mr. Alberts recommended resurfacing Main Street, from Sunset to 9th Avenue South; and 5th Avenue South, from Main Street to SR 104. Other projects that are scheduled include resurfacing Dayton, from Railroad to 2nd Avenue South; 2nd Avenue South, from Dayton to Alder Street; Alder Street, from 2nd Avenue South to 3rd Avenue South; 3rd Avenue South, from Dayton Street southerly to the ` City limits; and Sunset, northerly from Main Street. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO AUTHORIZE MAYOR NAUGHTEN TO EXE- CUTE THE CITY/COUNTY AGREEMENTS FOR THE PROJECTS. MOTION CARRIED. CONTINUED DISCUSSION ON PROPOSED ORDINANCE AMENDING CITY CODE TO EXPAND DEFINITION OF DISABLED PERSON IN ORDER TO QUALIFY FOR UTILITY RATE REDUCTION �• City Attorney Scott Snyder reported that the Council requested a review to determine whether the definition of mentally disabled, as to its application to the utility rate discount, is impermis- sibly discriminatory. He recommended that the City incorporate as many federal and State tests that are available to relieve Staff of having to review voluminous paperwork to determine if someone is mentally disabled or, alternatively, to apply an economic test and do away with fine distinctions. Councilmember Hertrich said the issue was initially discussed by the Council to assist low-income elderly, and he felt expanding the definition would be "too far reaching". Councilmember Palmer said the ordinance has a loophole in it because it narrowly defines who is disabled to the physically disabled and it excludes those with mental disabilities. Mr. Snyder stated that the Americans With Disabilities Act will become effective in 1992 and, at that time, both the definition of disabled person and applicability of an anti -discrimination law will be expanded. He said in 1992the City will either have to include them or exclude them en- tirely because at that time, the City will be unable to make fine distinctions. Because of the lateness of the hour and complexity of the issue, the discussion was continued to October 23, 1990. MAYOR Mayor Naughten reminded the Council of the dinner meeting on October 27, 1990 with the Associa- tion of Cities and Towns. Mayor Naughten noted that Community Services Director Peter Hahn has requested a review of the consultant selection process for the ferry study if no objection was made by the Council. No objection was noted. COUNCIL Councilmember Kasper inquired about annexation of Aurora Village into the City. Mayor Naughten said he will be meeting with representatives next week to discuss that issue. With respect to their preliminary budget, Councilmember Hertrich said he was the only dissenting member on the Health Board because he felt the reserves were too low. He said he requested the Health District to submit a copy of its preliminary budget to Administrative Services Director Art Housler so he can peruse the document and make a recommendation to the Council as to what he believes is an adequate reserve. EDMONDS CITY COUNCIL MINUTES Page 10 SEPTEMBER 25, 1990 Councilmember Palmer said he requested the Council Assistant to draft a letter to Livengood, Silvernale, Carter & Tjossem informing them that the Council is not interested in taking any action to reconsider the Belt project on 3rd Avenue. The letter will be prepared for the Council President's signature. * Councilmember Palmer requested the City to pursue annexation of Perrinville because he said sever- al people expressed an interest at the last Community Services Committee meeting. The meeting adjourned at 10:22 p.m. THESE MINUTES ARE SUBJECT TO OCTOBER 2, 1990 APPROVAL. AC ELINE G. PARRETT, City Clerk TORRY ,S AUGHTEN, Mayor ,. * See Council Minutes October 2, 1990 EDMONDS CITY COUNCIL MINUTES Page 11 SEPTEMBER 25, 1990 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. �,CPTEMBER 25, i990 WORK MEETING - NO AUDIENCE PARTICIPATION CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF SEPTEMBER 18, 1990 (C) AUTHORIZATION TO TRANSFER $13,993 FROM COUNCIL CONTINGENCY FUND TO COMBINED UTILITY FUND FOR ACQUISITION OF PROPERTY (D) FINAL ACCEPTANCE OF WORK BY KATHOL ROOFING FOR ANDERSON CENTER ROOF REPAIR PROJECT, AND SET 30-DAY RETAINAGE PERIOD (E) FINAL ACCEPTANCE OF WORK BY KAR-VEL CONSTRUCTION FOR 1990 WATERLINE REPLACEMENT PROGRAM, AND SET 30-DAY RETAINAGE PERIOD (F) FINAL ACCEPTANCE OF WORK BY ASSOCIATED SAND AND GRAVEL FOR 1990 STREET OVERLAY PROGRAM, AND SET 30-DAY RETAINAGE PERIOD (G) APPROVAL OF DEPOSIT OF POLICE AUCTION PROCEEDS INTO DRUG ENFORCEMENT FUND . (H) PROPOSED ORDINANCE 2795 AMENDING ORDINANCE 2202, OFFICIAL CITY ZONING MAP, AND PLAT OF WILLOW CREEK PLANNED RESIDENTIAL DEVELOPMENT, TO DELETE DEVELOPMENT AUTHORITY OF BUILDING D (I) ACCEPTANCE OF EASEMENT FROM MARWOOD K. AND BEVERLY A. BINGHAM FOR INSTALLATION OF SANITARY AND STORM SEWER AT 15805 72ND AVE. W. (J) ACCEPTANCE OF EASEMENT FROM PETER SALAMONSEN FOR INSTALLATION OF SEWER AT 629 GLEN ST. (K) APPROVAL OF ACCESS EASEMENT AT SOUTHEAST CORNER OF PINE RIDGE PARK AT 208TH ST. S.W. AND 83RD AVE. W. (L) FINAL APPROVAL OF PLANNED RESIDENTIAL DEVELOPMENT/SUBDIVISION OF PARK COURT AND ADOPTION OF PROPOSED ORDINANCE 2796 AMENDING OFFICIAL ZONING MAP (PRD-1-90/PRO-1-90/ERIC THUESEN) (M) AUTORIZATION TO RETAIN BELL -WALKER ENGINEERS TO REVIEW SAFEWAY PROJECT ON SR 99, LAKE BALLINGER AREA TRAFFIC IMPACTS, AND POTENTIAL TRAFFIC SIGNAL AT SR 99/236TH ST. S.W. ($5,000) (N) APPROVAL OF HAMMOND, COLLIER AND WADE-LIVINGSTON ASSOCIATES, INC., FOR DESIGN OF 96TH AVE. W. STORM DRAINAGE SYSTEM ($13,000) 2. CWC-HDR MONTHLY REPORT 3. REPORT FROM CABLE TV CONSULTANT RE FEDERAL LEGISLATION GOVERNING CABLE TV AS IT AFFECTS CITY OF EDMONDS FRANCHISE, AND ADOPTION .OF PROPOSED RESOLUTION 708 EXTENDING CABLE TV FRANCHISE AGREEMENT WITH CHAMBERS CABLE UNTIL OCTOBER 31, 1990 FOR FRANCHISE RENEWAL NEGOTIATIONS 4_ EXECUTIVE SESSION - CABLE TV FRANCHISE NEGOTIATIONS AND LEGAL MATTER 5. PRESENTATION OF SNOHOMISH COUNTY TOMORROW REPORT 6. COUNCIL SELECTION OF PREFERRED REGIONAL DEVELOPMENT STRATEGY 7_ REVIEW OF STRUCTURE DESIGN OF INTERPRETIVE CENTER FOR BRACKETT'S LANDING UPLANDS IMPROVEMENT 8. REVIEW STATUS OF YOST POOL COVER 9. REVIEW AND APPROVAL OF PROPOSED PUBLIC MEDIA PRESENTATION ON FERRY TERMINAL 1D. DISCUSSION OF 1991 FEDERALLY FUNDED ROAD PROJECTS 11. CONTINUED DISCUSSION ON PROPOSED ORDINANCE AMENDING CITY CODE TO EXPAND DEFINITION OF DISABLED PERSON IN ORDER TO QUALIFY FOR UTILITY RATE REDUCTION 12. MAYOR 13. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE -HANDICAPPED ACCESSIBLE