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10/16/1990 City CouncilTHESE MINUTES SUBJECT TO OCTOBER 23, 1990 APPROVAL EDMONDS CITY COUNCIL MINUTES OCTOBER 16, 1990 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 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 Megan Renquist, Student Rept. STAFF Gordy Hyde, Engineering Coord. Bob Alberts, City Engineer Gary McComas, Fire Marshal Duane Bowman, Asst. City Planner Dan Prinz, Police Chief Bobby Mills, Pub. Wks. Director Scott Snyder, City Attorney Kath Swafford, Admin. Clerk Margaret Richards, Recorder Councilmember Dwyer and Councilmember Hertrich arrived a few minutes late and did not vote on the Consent Agenda. In consideration of Staff members, COUNCILMEMBER NORDQUIST MOVED, SECONDED BY KASPER, TO DISCUSS ITEM 7 (CONTINUED DISCUSSION AND FORMAL COMMITMENT BY CITY COUNCIL FOR TRAFFIC LIGHT AT PUGET OR. AND OLYMPIC VIEW DR.) FOLLOWING ITEM 2 (AUDIENCE) ON THE AGENDA. MOTION CARRIED. CONSENT AGENDA Items (B), (C), (E), (F), and (M) were removed from the Consent Agenda. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (D) AUTHORIZATION TO SIGN SERVICE AGREEMENT WITH PHYSIO-CONTROL COMPANY FOR TWO DEFIBRILLATIONS ($1,350) (G) ADOPTED ORDINANCE 2799 VACATING WEST 30 FEET OF 75TH PL. W. LYING BETWEEN NORTH MEADOWDALE RD. AND 162ND ST. S.W. (ST-3-89/McCORKLE) (H) ADOPTED ORDINANCE 2800 AMENDING OFFICIAL ZONING MAP TO CHANGE THE ZONING DESIGNATION OF CERTAIN REAL PROPERTY, COMMONLY KNOWN AS THE HAWLEY?McCORKLE REZONE R-1-90, FROM RS-20 AND CW TO RS-12, AND AUTHORIZING EXECUTION OF CONCOMITANT ZONING AGREEMENT (I) ADOPTED ORDINANCE 2801 AMENDING COMMUNITY DEVELOPMENT CODE REGARDING CODE ENFORCEMENT/CIVIL PENALTIES (J) AUTHORIZATION TO ADVERTISE FOR BIDS FOR 1991 CHLORINE REQUIREMENTS (K) AUTHORIZATION TO GRANT EASEMENT TO PUD ADJACENT TO DAYTON ST. FOR ELECTRICAL SERVICE NECESSARY FOR CONSTRUCTION OF TREATMENT PLANT (L) APPROVAL OF PERSONNEL MANAGER RECLASSIFICATION APPROVAL OF MINUTES OF SEPTEMBER 25, 1990 AND OCTOBER 2, 1990 [ITEM (B) ON THE CONSENT AGENDA COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE MINUTES OF SEPTEMBER 25, 1990, AS CORRECTED, AND. TO APPROVE THE MINUTES OF OCTOBER 2, 1990 AS SUBMITTED. MOTION CAR- RIED. FINAL ACCEPTANCE OF WORK BY LAKESIDE INDUSTRIES FOR ADMIRAL WAY IMPROVEMENTS PROJECT, AND SET 30 DAY RETAINAGE PERIOD LITEM (C)N THE C0 SEN GENDA Councilmember Nordquist inquired if costs for the project included sales tax. City Engineer Bob Alberts said there is no sales tax. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER PALMER, TO APPROVE ITEM (C). MOTION CARRIED. FINAL ACCEPTANCE OF WORK BY LAKESIDE INDUSTRIES FOR BOYS/GIRLS CLUB COURT RESURFACING PROJECT, AND SET 30 DAY RETAINAGE PERIOD LITEM N THE CONSENTAGENDA] Councilmember Nordquist requested that payments of warrants reflect, in the future, that a project has been inspected. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER PALMER, TO APPROVE ITEM (E). MOTION CARRIED. ACCEPTANCE OF QUIT CLAIM DEED FROM ROGER McCORKLE, ET AL., AS COMPENSATION FOR VACATION OF POR- TTbR-DT UNUMLOPLU RIGHT-OF—WAY OF 75TH PL. W. fITEM (F) - AE_6f3_FAT-7GENDA Councilmember Kasper inquired if the warranty deeds have been reviewed. City Attorney Scott Snyder said he did not know. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ACCEPT.THE WARRANTY DEEDS BUT THAT THEY BE REVIEWED BY THE CITY ATTORNEY PRIOR TO RECORDING. Councilmember Palmer inquired if review of the deeds should be conducted prior to approving items (G) and (H) on the Consent Agenda. Mr. Snyder noted that the Council could record conditional acceptance, subject to confirmation of title. Councilmember Palmer commented that the City could lose its leverage in the transaction if, for instance, title cannot be transferred and the parcel is vacated. Mr. Snyder said the vacation ordinance has an express provision that requires trans- fer. He noted that the deeds were checked with the title reports through the date of application and the hearing. MOTION CARRIED. AUTHORIZATION TO SHARE IN COSTS OF SIDEWALK REPLACEMENT ON SOUTH SIDE OF DAYTON ST. BETWEEN 2NO AVE. AND 6 , PLUS SALES TAX) LITEM (M) ON THE CONSENT AGENDA] COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO DISCUSS THE ITEM FOLLOWING ITEM 6 (DISCUSSION OF CRIMINAL JUSTICE FUNDING) ON THE AGENDA. MOTION CARRIED. Council President Nordquist noted that the City established the Student Representative Program ten years ago. A student is selected to serve as a non -voting member on the Council for a four - month term. Council President Nordquist introduced Student Representative Megan Renquist from Woodway/Edmonds High School. AUDIENCE Mayor Naughten opened the audience portion of the meeting. Lloyd Ostrom 711 Puget Ln., President of the Edmonds Council of Concerned Citizens and speaking on behalf of the organization, said the consideration being given to the establishment of an adult entertainment zone in Edmonds, Lynnwood and Mountlake Terrace is a matter of deep concern on the part of the citizens of all three cities. He said the organization would like to go on record as being unequivocally opposed to the establishment of such a zone in Edmonds and also to the concept of centralizing such zones in all three cities in an area along Highway '99.Mr. Os- trom enumerated the reasons for the action on the part of organization as follows: 1) There has been a sustained effort on the part of the City of Edmonds to upgrade and beautify the Highway 99 business strip, and the organization sees an adult entertainment zone in opposition of that concept. Mr. Ostrom said it would be a waste of public funds to continue investing in a more attractive Highway 99 while inviting in the blight of an adult entertainment zone; 2) The organization feels that centralizing these businesses in one area for all three cities will constitute an open invitation to them to come to the area. It would be the establishment of a pornography zone to serve the entire south Snohomish/North King County area and will cause irreparable damage to all three cities; 3) The establishment of such a zone will cause a diminution of property values throughout the zone, as well as in the surrounding area. This, in turn, will have a detrimental effect on the tax base of the City; 4) The organization is convinced that a pornography zone will bring with it a substantial ly increased level of all types of crime; EDMONDS CITY COUNCIL MINUTES Page 2 OCTOBER 16,.1990 5) The organization fully understands what the implications are with regard to the types of activities and business which are a part or such a zone and finds them completely repugnant; 6) There is no question in the minds of the members of the organization that an overwhelming majority of citizens in Edmonds are opposed to the concept. Mr. Ostrom said it would be a poor example of representative government to enact the creation of such a zone within the City; 7) The organization feels that it is not only the job of the City's collective leaders to deal with such matters but also to provide a level of moral leadership in the community. The organization is convinced that a pornography zone will have a decidedly negative moral effect on the City; 8) There are already a number of adult establishments in North King County and Snohomish County. That should suffice as an adequate area dedicated to those activities for the region. No reasonable person can expect every city, town, village, and hamlet to have an adult entertainment zone. Mr. Ostrom said for those reasons, the organization beseeches the Mayor and City Council to op- pose the establishment of an adult entertainment zone in the City of Edmonds. He said the organ- ization hopes the City will bend its efforts toward writing an ordinance which prohibits those businesses while satisfying the requirements of being defensible in any court in the event the ordinance is challenged instead of focusing on what seems to be expedient. Mr. Ostrom requested the Council to move forward with public hearings on the matter and move with all possible speed to construct an ordinance which outlaws those businesses in Edmonds.' He said the citizens are willing and ready to help in the endeavor and earnestly request the Council to do all it can, including authorizing the expenditure of considerable public funds to resist the blight on the community. Councilmember Palmer noted that the Edmonds City Council has taken no affirmative action to estab- lish a zone for those types of businesses. He said the Edmonds Community Development Code still contains an ordinance prohibiting adult entertainment. Jane Cunningham, 103O Grandview St., said there is a recycling box next to her property in the setback area that has no identifying names or telephone number on it. She said although the container indicates that proceeds are donated to the Special Olympics, she learned that only a small percentage of the profits are allocated for that organization. Ms. Cunningham said she filed a complaint with the City on February 15, 1990 because she believes the container is unsightly and a fire hazard. She submitted photographs of the recycling contain- er to the Administrative Clerk. Ms. Cunningham recalled that the Architectural Design Board recommended that a five foot paved strip on the Page Realty property be removed and replaced with landscaping, but the City Council overturned their recommendation and allowed, instead, planter boxes. Ms. Cunningham said only two small planter boxes were placed in that area, which allow cars to infringe into the setback area, causing damage to the fence. Ms. Cunningham said the fence has been repaired and spray painted within the last.two weeks, but the owner of Page Realty did not request permission from her to allow the painters to come onto her property. She said anything.that was three to four feet within the fence on her property was also spray painted. Ms. Cunningham asked the City Council to help rectify the situation. Mayor Naughten said Staff will look into the matter. Natalie Shippen, 1022 Euclid, inquired when undergrounding of the wires on the north side of Main Street between 2nd and 3rd will be completed. Mayor Naughten replied before the end of the year. With respect to the Mother-in-law Act, Ms. Shippen inquired when the definition of physical and financial hardships will be drafted and submitted to the Council. Mayor Naughten said the defini- tions have been drafted, and they will be submitted to the Council within the next few weeks. Diane Sukol, 1045 Alder St., was in support of Mr. Ostrom's statement earlier with respect to the need for a public hearing to allow Edmonds' residents to voice their concerns regarding the pro- posed adult entertainment zone in the City. EDMONDS CITY COUNCIL MINUTES Page 3 OCTOBER 16, 1990 CONTINUED DISCUSSION AND FORMAL COMMITMENT BY CITY COUNCIL FOR TRAFFIC LIGHT AT PUGET DR. AND LMI EW -Engineering Coordinator Gordy Hyde reported that the Administrative Services committee reviewed the traffic problems at the intersection of Puget Drive and Olympic View Drive on October 9, 1990. The City Council expressed a preference for a full signal to replace the makeshift signal currently in use. Administration was also directed to work with the School District to secure financial participation in the project. Mr. Hyde said Staff believes that a traffic controller may be available immediately if the City acts expeditiously. The estimated cost of $30,000 is for direct costs of all parts, and the Public Works Department would provide the labor. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO AUTHORIZE STAFF TO PROCEED WITH THE PROJECT. At the request of Councilmember Hertrich, Mr. Hyde pointed out the locations of signage indicat- ing a school zone, traffic signals, and pedestrian crosswalks that are currently in place. It was Councilmember Hertrich's opinion that school zone signage is inadequate in the area. He recommended that additional signage be placed near Olympic View Deli and on both sides of the road approaching the intersection. He said motorists should be warned in advance that they are approaching a school zone and that the speed limit is 20 miles per hour when children are present. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO AMEND THE MOTION TO INSTALL THE FOLLOWING SIGNAGE: A SCHOOL ZONE SIGN WESTBOUND APPROACHING THE INTERSECTION OF OLYMPIC VIEW DRIVE; A SCHOOL ZONE SIGN ON OLYMPIC VIEW DRIVE BEFORE THE INTERSECTION; A SCHOOL ZONE SIGN EAST- BOUND BEFORE THE INTERSECTION. MOTION CARRIED. THE MAIN MOTION, AS AMENDED, CARRIED. HEARING ON PROPOSED ORDINANCE 2802 AMENDING EDMONDS CITY CODE RELATING TO VIDEO GAME ARCADES Police Chief Dan Prinz reported that on October 2, 1990, the Edmonds City Council reviewed the Funtasia proposal for the Consolidated Beverages building at 220th S.W. and Highway 99. He said the proposed ordinance amends Edmonds City Code 4.24.027 and allows video arcades within one mile of a school when the arcades are included as part of an overall family sports entertainment facil- ity. Councilmember Wilson inquired if the School District responded to the City's communication regard- ing the proposed project. Chief Prinz replied negatively. Student Representative Megan Renquist inquired about hours of operation. Chief Prinz said the current ordinance permits such an establishment to be open until 2 a.m. on weekends, but the owners of the proposed project have indicated that they intend to close at 1 a.m. on weekends. Ms. Renquist said she believed 2 a.m. is too late. She noted that high school .dances end at midnight. Mayor Naughten opened the public portion of the,hearing. No input was offered. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ORDINANCE 2802. MOTION CARRIED WITH COUNCILMEMBER NORDQUIST OPPOSED. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO RECONSIDER THE MOTION TO LIMIT THE HOURS OF OPERATION TO 1 A.M. Councilmember Hertrich thought the process to amend the ordinance was expedited, and that the proposal should have been governed through the conditional use permit process. He believed the hours of operation should be restricted to 1 a.m. because young people will frequent the estab- lishment. Councilmember Dwyer disagreed with Councilmember Hertrich. He reminded Councilmember Hertrich that the proposal was presented to the Council solely because of the limitation of a business with more than ten video games within one mile of a school and not because of a concern over the hours of operation. He noted that the proposal would have been permitted if it had been located only a short distance from its proposed location. EDMONDS CITY COUNCIL MINUTES Page 4 OCTOBER 16, 1990 Councilmember Dwyer pointed out that the proposed business will cater not only to adolescents but also to young adults, and it will offer a nonalcoholic alternative to people who might otherwise have no alternative but to frequent bars. THE MOTION FAILED WITH COUNCILMEMBER HERTRICH AND COUNCILMEMBER KASPER IN FAVOR; COUNCILMEMBER NORDQUIST, COUNCILMEMBER DWYER, COUNCILMEMBER JAECH, COUNCILMEMBER PALMER AND COUNCILMEMBER WIL- SON OPPOSED. HEARING ON TRAFFIC CONCERNS AT 236TH S.W. AND 238TH S.W. BETWEEN HIGHWAY 99 AND 76TH AVE. Engineering Coordinator Gordy Hyde reported that the residents of the Ballinger area neighborhood between 76th and Highway 99, primarily on the 238th Street corridor, have approached Staff for solutions to the problems of truck traffic, traffic speed, and the high number of vehicles using the neighborhood streets as a short cut between arterials. Mr. Hyde said Staff has counted vehi- cles, checked speeds, and posted the neighborhood for no truck traffic•but the problems persist. Mr. Hyde noted that an open house was held to discuss the merits and problems associated with a number of different options to alleviate the problem. Mr. Hyde said a traffic count was taken, and approximately 1300 cars travel along the 238th Street corridor on a typical week day. He illustrated the traffic pattern through the neighbor- hood on a vicinity map. As a comparison of traffic volumes, he said approximately 600 cars trav- el on 234th Street, between 76th and Highway 99, on a typical week day. Mr. Hyde said some form of traffic control is probably warranted to reduce the numbery of vehi- cles short cutting through the neighborhood. He said whatever controls are placed in the area, the neighborhood should retain its rural atmosphere while, at the same time, eliminate transient traffic. Mayor Naughten inquired about the options that were discussed at the neighborhood meeting. Mr. Hyde said stop signs could be placed at the intersection of 76th Avenue and 238th to create a three-way stop, as well as at 76th and 238th Place; speed bumps could be placed in one or more locations throughout the corridor; a barricade could be erected near 238th and Highway 99 and at 238th and 76th Avenue; alternating gates could be placed across one lane of traffic; and the light at 238th could be relocated to 236th. Mayor Naughten inquired if traffic will increase in the area as a result of the Safeway develop- ment. Mr. Hyde replied affirmatively. Councilmember Jaech commented that if the light on 238th were relocated to 236th, the City should keep in mind that 238th is the main commuter route for Community Transit to downtown Edmonds. Councilmember Palmer asked Mr. Hyde what his proposed solution to the problem would be. Although he recognized that any solution will inconvenience some of the residents, Mr. Hyde said his objec- tive was to solve the main problem while still allowing emergency access into the neighborhood. He recommended that a temporary barricade be placed at the end of 238th Place where it intersects with 78th Avenue West and that the narrow portion of 78th Avenue North, between 238th and 236th, be designated as one-way if traffic counts are not diminished as a result of the barricade. Councilmember Palmer inquired what percentage of the 1300 daily vehicle trips on 238th enter off of Highway 99. Mr. Hyde said approximately 900 cars travel easterly on 238th and approximately 400 cars travel in a westerly direction. In all cases, he said, peak traffic is at 6 p.m. both east and westbound. Councilmember Palmer inquired about the feasibility of traffic islands at an intersection. Mr. Hyde said traffic islands do not work at "T" intersections. Councilmember Hertrich asked Mr. Hyde to explain the reason residents are concerned about traffic in the neighborhood. Mr. Hyde said the concern arose from the proposed Safeway development be- cause it will generate an additional 400 vehicle trips per day on 238th Avenue. Mayor Naughten opened the public portion of the hearing. Kathy Goodman, 23611 - 78th Ave. W., said she moved into her home in 1988 and has noticed. an increase in traffic in the neighborhood since that time. Ms. Goodman said she was deeply concerned for the safety of her small children because 78th Ave- nue West, between 238th and 236th, is an unsafe road. She said it is designated as a two-way EDMONDS CITY COUNCIL MINUTES Page 5 OCTOBER 16, 1990. road but it is very narrow and does not allow for passage of two cars traveling in opposite direc- tions. Ms. Goodman said she would like that portion of the road to be designated as one-way. Don Larsen, 23818 - 78th Ave. W., said the traffic counts on 78th Avenue West, between 238th and 236th, are 250 vehicles in a southerly direction and 50 vehicles.in a northerly direction. With respect to the possibility of designating one or more of the neighborhood roads for one-way traffic, Mr. Larsen said some of the neighbors are concerned about traveling on a one-way road during inclement weather because of the steepness of the topography in some locations. He sug- gested that the City conduct a survey to determine the actual traffic count in the area and what effect designating the roads one-way would have on the residents. Mr. Larsen displayed a colored rendering to the Council of the homes in the area. He said a survey of the residents was conducted, and fifty-eight homes were in favor of blocking the road- way, depending upon the City's traffic evaluation, 6 were for stop signs, and 9 had some other response or not response at all. Tom McDonough, 23711 - 80th Ln. W., was in favor of erecting a barricade on 238th near the 7-Elev- en and also installing a speed bump on 238th where the commercial area and residential area abut. Barbara Ellingson, 8016 - 238th S.W., said visibility is very poor on 238th, and it was her opin- ion that 238th cannot support the current traffic volume. She said the street is very dangerous because of the amount of cars and the speeds in which they travel. Ms. Ellingson was in favor of erecting a barricade at the intersection of 238th Place and 78th. Dick Crawford, 23901 - 78th Ave., said he believed the best location to erect a barricade would be at the intersection of 238th Place and 78th. Larry Harnden, 8028 - 238th S.W., said he was concerned about traffic volumes in the neighbor- hood.. If a barricade were erected on 238th near Highway 99, he wondered exactly where it would be located in relation to the entrance to the cul-de-sac that he lives on. Ken Nichols -Hoppe, 23710 - 80th Ln. W., said he did not believe erecting a barricade at 238th and 78th will slow traffic coming down the hill, and he was concerned for the safety of children. He requested the Council to consider the use of speed bumps. Mayor Naughten closed the public portion of the hearing. The Council discussed various methods of controlling traffic and alleviating some of the prob- lems. Mr. Hyde recommended that the City look to other municipalities in the area that have reviewed the liabilities associated with traffic control devices and the practicality and posi- tioning of various devices that have been put in use before the City implements any type of traf- fic control device or devices. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER PALMER, TO ERECT A BARRICADE FOR NINETY DAYS AT 238th PLACE WITH AN ASSESSMENT BY THE ENGINEERING DEPARTMENT AND NEIGHBORS AFTER NINETY DAYS. IF IT IS NOT FEASIBLE, THE BARRICADE WILL BE REMOVED AND SOME OTHER FORM OF TRAFFIC CON- TROL PUT IN ITS PLACE. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO AMEND THE MOTION TO PLACE SIGNAGE FOR LOCAL ACCESS ONLY, NO OUTLET AT 240TH AND HIGHWAY 99 AND AT 238TH PLACE WHERE THE ZONING CHANGES FROM RESIDENTIAL TO COMMERCIAL AND, AS A SECOND PROGRESSIVE STEP, DESIGNATE 78TH AVENUE WEST AS ONE-WAY BETWEEN 238TH AND 236TH. Councilmember Kasper said he could not support any motion unless traffic control devices are used to decrease traffic on 78th. A ROLL CALL VOTE WAS TAKEN ON THE AMENDMENT. MOTION FAILED WITH COUNCILMEMBER NORDQUIST, COUNCIL - MEMBER JAECH, AND COUNCILMEMBER PALMER IN FAVOR, COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, COUNCILMEMBER KASPER, AND COUNCILMEMBER WILSON OPPOSED. THE MAIN MOTION CARRIED, WITH COUNCILMEMBER KASPER OPPOSED. EDMONDS CITY COUNCIL MINUTES Page 6 OCTOBER 16, 1990 THIRD HEARING ON PROPOSED ORDINANCE AMENDING COMMUNITY DEVELOPMENT CODE RELATING TO LAND CLEAR- ING AND-T=UTTING -2-8 M Assistant City Planner Duane Bowman reported that the City Council voted on August 28, 1990 to approve a proposed ordinance to establish land clearing and tree cutting regulations for the City of Edmonds. The Council. made two changes to the exemptions section of the proposed ordinance. Under the changes proposed by the Council, Mr. Bowman said developed single family lots of 26,600 square feet or under are to be outright exemptions, and clearing on partially developed single family lots is exempt except for land meeting the three conditions listed in the proposed changes. Mr. Bowman said a majority of the land within the City of Edmonds is zoned single family residen- tial, with much of the land being fully developed. The primary area left for development is in the North Meadowdale area, which is a known landslide hazard area with steep slopes and water problems. Mr. Bowman said the proposed changes would exempt most of North Meadowdale from the regulations, which does not make sense in light of the potential problems that indiscriminate clearing could create for properties located in that area. Additionally, the proposed exemptions would elimi- nate almost all short subdivisions from the ordinance. Mr. Bowman reviewed the changes proposed by Staff as follows: Section•18.45.030 - Exemptions - The following shall be exempt from the provisions of this chapter: (A) Clearing on a developed single family lot or clearing on a partially developed single family lot, which is capable of being divided into one.additional lot, except for: 1 That portion of the lot that is located in a designated environmentally sensitive area; 2 That portion of the lot that is located within twenty-five feet of any stream or wetland; 3) That portion of the lot that has slopes exceeding 25 percent. (B) Undeveloped lots which are not capable of being further subdivided, except for: 1 That portion of the lot that is located in a designated environmentally sensitive area; 2 That portion of the lot that is located within twenty-five feet of any stream or wetland; 30 That portion of the lot that has slopes exceeding 25 percent. Mr. Bowman said it is the recommendation of Staff to adopt the proposed changes and direct the City Attorney to prepare the necessary ordinance. Councilmember Hertrich inquired if a property owner of a developed single family lot or partially developed single family lot would be penalized if he/she cleared the lot without first obtaining a building permit. Mr. Bowman said the property owner would not be penalized if the lot was not subject to the language in 18.45.030(A). In response to Councilmember Kasper, Mr.' Bowman said section•18.45.050(H)(6) states that "Topping shall not be considered as an appropriate pruning method". Councilmember Palmer recalled that the Council excluded that provision from the proposed ordinance at a previous meeting. Mayor Naughten opened the public portion of the hearing. Chet Curtis, 402 - 9th Ave. S., inquired if the proposed ordinance has been adopted.- City Attor- ney Scott Snyder replied negatively. Mr. Bowman explained that the Council accepted the basic ordinance in its form but has not formally adopted the proposed ordinance yet. Mr. Curtis said he was opposed to the proposed ordinance because he did not believe there is a need for a tree cutting ordinance in the City because there is no problem with trees. He be- lieved a property owner should be able to develop his/her property as he/she desires. Dolores Curtis, 402 - 9th Ave. S., was concerned about the rights of property owners. She be- lieved every property owner, developers included, should be entitled to equal rights, regardless of the size of their parcel. Ms. Curtis urged the *Council to impose a 25 foot height limit on trees from the commencement of the proposed ordinance, if adopted. She wondered if the ordinance could include a provision requiring developers to provide a specific amount of landscaping in a development with a height limit of 25 feet. EDMONDS CITY COUNCIL MINUTES Page 7 OCTOBER 16, 1990 Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ADOPT THE PROPOSED CHANGES RECOM- MENDED BY STAFF AND DIRECT THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCE. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO DELETE THE LAST SENTENCE IN SECTION 18.44.050(H)(6). MOTION CARRIED WITH COUNCILMEMBER PALMER OPPOSED. THE MAIN MOTION, AS AMENDED, CARRIED. Councilmember Kasper pointed out that the issue of views and view blockage by trees still needs to be addressed. DISCUSSION OF CRIMINAL JUSTICE FUNDING Police Chief Dan Prinz reported that the Washington State Legislature passed laws in 1990 that deal with the funding of local criminal justice needs. Monies from the Motor Vehicle Excise Tax, a one-time gift from the General Fund of the legislature, and 1/10th of 1% of the sales tax in Snohomish County are to be expended for criminal justice purposes and shall not be used to re- place or supplant existing funding. Chief Prinz said that basically includes all costs incurred with administering'and enforcing criminal laws. Chief Prinz said the City will be receiving approximately $355,000 in 1991, with a minimum carry- over from 1990 of an additional $48,000; $341,000 in 1992; and $355,000 in 1993. Chief Prinz said the funding will sunset in January of 1994 and, at that .time, citizens can be asked to ex- tend the 1/10th of 1% sales tax, which will generate approximately $315,000 in 1994. - Chief Prinz requested that the funds be expended in 1991 in the following manner: 1) Hire two additional clerical positions to provide Staff assistance for patrol and the public on a 24-hour basis; 2) Hire one. investigator to assist with fraud, forgery, and crimes against persons, and two officers to be assigned to a proactive patrol. Chief Prinz also requested authorization to hire one patrol officer and one clerk in 1990. He noted that the costs can be taken out of the criminal -justice funds. Chief Prinz conjectured that the cost for 1990 will be minimal because he cannot hire a police officer until guaranteed placement in the basic academy becomes available. Chief Prinz said he will also be requesting another full-time DARE officer in 1990 so the curricu- lum can be expanded into the junior high schools and pre -sixth grades. Chief Prinz said having the ability to hire three additional clerks will give the Police Depart- ment the latitude to be open twenty -fours hours a day to the public and have a lead person to assume some of the duties of the administrative supervisor, which will free him to perform more technical duties (fingerprinting, crime scene processing, computer enhancements and maintenance, records management, etc.). Chief Prinz said the proactive patrol can be used to work on specific problems at specific times, such as: 1) crimes in apartment complexes; 2) narcotics usage and sales in parking lots and cocktail lounges; 3) prostitution along Highway 99; 4) gang activities; and 5) gathering/dissem- ination of intelligence. Chief Prinz said the additional officer will be used to augment the patrol division. Over the years, he said the City has relied on reserve police officers to fill in for vacation and sick leave relief and to provide additional units for peak work periods. He noted that the Department has had up to fifteen reserve police officers but there are currently seven, and three are active- ly seeking full-time police employment. Chief Prinz said it is very difficult to recruit and retain good reserve police officers because of the standards in backgrounds and education and experience that the City requires. i Councilmember Dwyer noted that the population growth has generated more telephone calls to SnoCom, and the solution would be to either hire additional staff to answer the calls or to limit the type of calls going to SnoCom. Councilmember Dwyer said Edmonds is an abuser of the SnoCom system because the City is set up to have non -emergency calls placed through the 911 lines. He said 24-hour service must be set up at the Police Department to screen calls so that all calls going through to SnoCom are of a true emergency nature. EDMONDS CITY COUNCIL MINUTES Page 8 OCTOBER 16, 1990 COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE THE REQUEST FOR ONE PATROL OFFICER, ONE CLERK, AND A FULL-TIME b.A.R.E. OFFICER IN THE 1990 BUDGET. Councilmember Jaech recommended that a full presentation by Judge Conroy be made before the re- maining funding is appropriated. Councilmember Palmer clarified that the three positions are not funded in perpetuity and must be justified in the budget every year after January 1994. MOTION CARRIED. AUTHORIZATION TO SHARE IN COSTS OF SIDEWALK REPLACEMENT ON SOUTH SIDE OF DAYTON STREET BETWEEN 2ND AVENUE AND 6TH AVENUE ($9,243, PLUS SALESX I EM N THE CONSENT AGENDA Councilmember Palmer was concerned about replacing an existing functional sidewalk just so the streets match up. He inquired if -the same type of decision will be made in the future for other sidewalks in the City. He hoped that the Council will limit future expenditures of that type to the central business district. Mayor Naughten said he thought it was deplorable to expend money to beautify the downtown area but allow sidewalks to look aesthetically unappealing. He said a sidewalk policy will be drafted for the downtown area to replace a sidewalk if it is torn up during construction of a project. Councilmember Palmer said he was in favor of beautifying the City, but he believed that spending money to replace a functional sidewalk was not a wise expendi- ture of money. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO AUTHORIZE THE CITY TO PAR- TICIPATE IN REPLACING THE TOTAL SIDEWALK ON THE SOUTH SIDE OF DAYTON STREET FROM SECOND AVENUE TO SIXTH AVENUE IN THE AMOUNT OF $9,991.68 (INCLUDING SALES TAX). Councilmember Kasper said the developer, and not the City, is responsible to replace a sidewalk when it is torn up.because of construction. Councilmember Palmer concurred. As a procedural matter, Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER.PALMER, TO EXTEND THE MEETING FOR FIVE MINUTES. MOTION CARRIED. Public Works Superintendent Bobby Mills said the City's share to replace the sidewalk will be less than $9,991.68 because the contractor damaged a portion of the sidewalk and is responsible for replacing it at his cost. Councilmember Palmer said he would vote in favor of the motion, but he said a sidewalk policy should be drafted in the near future. MOTION CARRIED. MAYOR Mayor Naughten noted that the United Way Program was launched that afternoon and the function was well attended. Mayor Naughten noted that he received a lot of information regarding initiative 547 from AWC, and it is available to the Council at their request. He recommended that the Council peruse the information so they are well-informed if a citizen asks them any questions. COUNCIL Council President Nordquist, on behalf of the Council, extended condolences to Councilmember Hertrich on the loss of his mother. Councilmember Palmer thought the proposal to provide flowers to Mountlake Terrace in exchange for the use of their pool was an interesting prospect. Councilmember Jaech asked Staff to check on the status of the Council's previous request regard- ing the restriction of commercial vehicles on residential streets. Councilmember Dwyer noted that the restructuring of the Puget Sound Council of Governments (PSCOG) has met with less than unanimous acclaim and may not be restructured at all. He said the Council can be satisfied in its foresight to discontinue the City's membership in PSCOG. EDMONDS CITY COUNCIL MINUTES Page 9 OCTOBER 16, 1990 The Council did not recess to an executive session because City Attorney Scott Snyder said he could briefly discuss the matter during the regular meeting. With respect to the cable tv franchise negotiations, City Attorney Scott Snyder reported that Mr. Paige has indicated that all language items are complete. -Mr. Snyder said the financial provi- sions are intact with the exception of a compromise on nonsubsciiber revenues. He said if nonsubscriber revenues reach 25% of subscriber revenues, Chambers Cable will pay the full fran- chise fee. The meeting adjourned at 10:12 p.m. THESE MINUTES ARE SUBJECT TO OCTOBER 23, 1990 APPROVAL. ACQUEUNE G. PARRETT, City Clerk LARRY S. NAUGHTEN, Playfir EDMONDS CITY COUNCIL MINUTES Page 10 OCTOBER 16, 1990 AGENDA. EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. OCTOBER 16, 1990 PA. I TA -- FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF SEPTEMBER 25, 1990 AND OCTOBER 2, 1990 (C) FINAL ACCEPTANCE OF WORK BY LAKESIDE INDUSTRIES FOR ADMIRAL WAY IMPROVEMENTS PROJECT, AND SET 30-DAY RETAINAGE PERIOD (D) AUTHORIZATION TO SIGN SERVICE AGREEMENT WITH PHYSIO-CONTROL COMPANY FOR TWO DEFIBRILLATORS ($1,350) (E) FINAL ACCEPTANCE OF WORK BY LAKESIDE INDUSTRIES FOR BOYS/GIRLS CLUB COURT RESURFACING PROJECT, AND SET 30-DAY RETAINAGE PERIOD (F) ACCEPTANCE OF QUIT CLAIM DEED FROM ROGER McCORKLE, ET AL., AS COMPENSATION FOR VACATION OF PORTION OF UNDEVELOPED RIGHT-OF=WAY OF 75TH PL. W. (G) PROPOSED ORDINANCE 2799 VACATING WEST 30' OF 75TH PL. W. LYING BETWEEN NORTH MEADOWDALE RD. AND 162ND ST. S.W. (ST-3-89/MCCORKLE) (H) PROPOSED ORDINANCE 2800 AMENDING OFFICIAL ZONING MAP TO CHANGE THE ZONING DESIGNATION OF CERTAIN REAL PROPERTY, COMMONLY KNOWN AS THE HAWLEY/McCORKLE REZONE R-1-90, FROM RS-20 AND CW TO RS-12, AND AUTHORIZING EXECUTION OF CONCOMITANT ZONING AGREEMENT (I) PROPOSED ORDINANCE 2801 AMENDING COMMUNITY DEVELOPMENT CODE REGARDING CODE ENFORCEMENT/CIVIL PENALTIES (J) AUTHORIZATION TO ADVERTISE FOR BIDS FOR 1991 CHLORINE REQUIREMENTS (K) AUTHORIZATION TO GRANT EASEMENT TO PUD ADJACENT TO DAYTON ST. FOR ELECTRICAL SERVICE NECESSARY FOR CONSTRUCTION OF TREATMENT PLANT (L) APPROVAL OF PERSONNEL MANAGER RECLASSIFICATION (M) AUTHORIZATION TO SHARE IN COSTS OF SIDEWALK REPLACEMENT ON SOUTH SIDE . OF DAYTON ST. BETWEEN 2ND AVE. AND 6TH AVE. ($9,243, PLUS SALES TAX) 2. AUDIENCE 3. HEARING ON PROPOSED ORDINANCE 2802 AMENDING EDMONDS CITY CODE RELATING (15 MINUTES) TO VIDEO GAME ARCADES 4. HEARING ON TRAFFIC CONCERNS AT 236TH S.W. AND 238TH S.W. BETWEEN (30 MINUTES) HIGHWAY 99 AND 76TH AVE. W. 5. THIRD HEARING ON PROPOSED ORDINANCE AMENDING COMMUNITY DEVELOPMENT (60 MINUTES) CODE RELATING TO LAND CLEARING AND TREE CUTTING (CDC-2-89/CITY OF EDMONDS) 6. DISCUSSION OF CRIMINAL JUSTICE FUNDING 7. CONTINUED DISCUSSION AND FORMAL COMMITMENT BY CITY COUNCIL FOR TRAFFIC LIGHT AT PUGET DR. AND OLYMPIC VIEW DR. 8. MAYOR 9. COUNCIL 10. EXECUTIVE SESSION - REPORT ON CABLE TV FRANCHISE NEGOTIATIONS THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS. ARE HANDICAPPED ACCESSIBLE