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10/15/1991 City CouncilTHESE MINUTES SUBJECT TO OCTOBER 22, 1991 APPROVAL EDMONDS CITY COUNCIL MINUTES October 15, 1991 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 ipresent joined in the flag salute. PRESENT Larry Naughten, Mayor Jack Wilson, Council President Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember William Kasper, Councilmember John Nordquist, Councilmember Jeff Palmer, Councilmember CONSENT AGENDA ABSENT Amanda Foote, Student Rep. STAFF Rob Chave, Planning Mgr. Jeff Wilson, Planning Supvr. Art Housler, Admin Srv. Dir. Noel Miller, Public Works Supt. Jim Walker, Asst. City Engr. Brent Hunter, Personnel Dir. Rhonda March, City Clerk Arvilla Ohlde, Parks & Rec Mgr Scott Snyder, City Attorney Barb Mehlert, Recorder Items (B), (C), and (D) were removed from the Consent Agenda. COUNCILMEMBER PALMER MOVED, SECOND- ED BY COUNCILMEMBER DWYER TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL - L (E) ADOPTION OF RESOLUTION 723 ALLOCATING THE COST OF ACQUIRING PUBLIC WORKS FACILITY PROPERTY J� TO VARIOUS FUNDS. 4 ' (F) APPROVAL OF REQUEST TO AMEND CONTRACT WITH ATEILIER PS FOR BRACKETT'S LANDING UPLAND vl IMPROVEMENTS ($2590). 1 APPROVAL OF MINUTES OF OCTOBER i, 1991 (ITEM (B) ON THE CONSENT AGENDA Councilmember Palmer referred to a memo from City Clerk Rhonda March, noting a correction on page 1, under Approval of Minutes of September 16, 1991. It refers to a correction in the October 16th Council Meeting, and -it should refer to a correction in' the September 16 Council e�ng instead. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER WILSONTO OVE ITEM (B) MAKING THE NOTED CHANGE. MOTION CARRIED. ACKNOWLEDGEMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM STEVE RILEY ($117.94) (ITEM (C) ON THE CON SENT AGENDF Councilmember Dwyer said this claim stems from a gentleman who lives in Port Angeles who regular- ly leaves his car in Edmonds so that he may commute on the Washington State Ferry System. Coun- cilmember Dwyer said that this gentlemen is asking the City to pay for the cost of his car being '►towed when he did not notice signs that said street work was going to be performed in the area, thus making his car illegally parked. Councilmember Dwyer would like Staff to convey to the City's Risk Manager that this claim not be paid. Councilmember Dwyer feels the residents of Edmonds have.a hard enough time trying to find parking in their own neighborhood without competing with people who do not even live in the city. Councilmember Dwyer also noted that he would like a copy of the claim sent to the Transpor- tation Commission with a cover letter expressing the fact that people who live out of town seem to think they have a proprietary right to park their vehicles on the streets of Edmonds to the inconvenience of Edmonds' residents. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON TO ACKNOWLEDGE RECEIPT OF ITEM (C). MOTION CARRIED. RE UEST FOR EXTENSION OF TIME LIMIT TO 10:00 PM FOR OUTDOOR PA SYSTEM FOR UNITED WAY SHELTER RUN "BOO BALL N OCTOBER 31, 1991, TO BE HELD AT SAFEWAY PARKING LOT. (ITEMCONSENT AGENDA Councilmember Palmer said he heard that the terminus of the Boo Ball run was going to be at the Sewage Treatment Plant instead of the Safeway Parking lot, and wondered if that was true. Mayor (f' Naughten said that he has not heard anything of that nature. On that note, COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER WILSON TO APPROVE ITEM (D) ON THE CONSENT AGENDA. MOTION CARRIED. AUDIENCE PORTION Mayor Naughten opened up the audience portion of the meeting. Robert Jennings, 15205 63rd Ave. West, said he and many other people are here in support of the Norma Beach Annexation, and inquired if this was the time to speak on the item or wait until the item comes up on the agenda. Mayor Naughten replied the topic is for Council discussion only, and is not open to public testi- mony, therefore, if Mr. Jennings wished to speak on the subject, now is the appropriate time. Mr. Jennings deferred to his wife, Mrs. Jennings. Gerry Jennings, 15206 63rd Ave., West, present- ed a petition to the Council with the required 10% signatures from the Norma Beach/Picnic Point residents, to coincide with the feasibility study for possible annexation. Mrs. Jennings pointed out that 269 signatures are required, and over a period of approximately two days, they were able to get over 650 signatures. Mrs. Jennings asked the Council to consider the annexation, and it was her hope the City will seriously consider the matter. Mrs. Jennings said most everyone has an Edmonds address, identi- fies with the City of Edmonds, and has always wanted to be in the city limits. Mayor Naughten asked City Attorney Scott Snyder how the petition fits in with the process that the City is currently involved in with respect to reviewing the information Staff has prepared on this area. Mr. Snyder replied the petition will be forwarded to the City Clerk where the signa- tures will be certified. When the Council is informed that the certified petition contains the requisite number of signatures, the Council will then set a public hearing to determine whether or not to proceed with the annexation. Councilmember Hertrich asked Mrs. Jennings if she was present at the Community Services Committee the week prior and Mrs. Jennings replied affirmatively. Councilmember Hertrich wanted to make sure that the signatures obtained were from Area A only, and Mrs. Jennings replied they were. Mayor Naughten closed the audience portion of the meeting. HEARING ON HEARING EXAMINER'S RECOMMENDATION ON PROPOSED VACATION OF 275 FEET OF ALLEY EAST OF 7TH AVE. S.. BETWEEN SPRUCE AND HEMLOCK L N - - Jeff Wilson, Planning Supervisor, presented the Hearing Examiner's recommendation concerning the proposed vacation. Mr. Wilson explained the proposed vacation is located between 7th and 8th Ave. S., between Spruce and Hemlock Street. Mr. Wilson presented a view graph to the Council showing the vicinity and location of the proposed vacation request. Mr. Wilson stated that on July 26, 1991, the Hearing Examiner held a public hearing on the proposed vacation request. Upon review of the Staff Advisory Report, and the testimony from the applicant and other property owners, the Hearing Examiner entered a recommendation to the Council, which is before the Council now. Mr. Wilson said the recommendation of the Hearing Examiner is that the proposed alley vaca- tion be granted subject to two conditions. The first condition is the sum of $13,290.75 be given to the City for the vacation. Mr. Wilson stated that this amount represents 75% of the rate of the assessed value for the adjoining property owners, based on the size of the vacation. Mr. Wilson noted that this amount would be paid to the City within 90 days of the approval by the City Council. The second condition is that the City retains an easement for utility purposes over the vacated portion of the alley. Mayor Naughten inquired how many property owners were involved in the request, and Mr. Wilson replied there were two separate petitions submitted together, with approximately 3 or 4 property owners involved representing all the frontage along the proposed vacation area. Councilmember Kasper inquired what the grade of the alley was and Mr. Wilson replied that he doesn't have a topographic map indicating specific grades; however, after reviewing the photo- EDMONDS CITY COUNCIL MINUTES Page 2 October 15, 1991 graphs of the alley, a steep cross grade, a cross slope of the alley exists, as well as a rising grade from the 7th Ave. right of way. Mayor Naughten estimated that the grade was about 25 - 30% between 7th and 8th Avenue. Councilmember Kasper asked if there is an agreement amongst the people who will be benefitting the vacation, and Mr. Wilson replied that the City has no agreement on record as to what they plan to do with the vacated right of way, if approved. It was Councilmember Kasper's opinion the vacated property would have to go to the abutting property owner, who would in turn, re -sell it back to the other people involved, and asked Mr. Snyder if this was the case. Mr. Snyder said the property would go in equal shares to the abutting property owners. Mr. Snyder mentioned that there have been cases in the past where the property owners wanted a vacation, it was granted, and then the property owners did not come up with the funds in which to procure the vacation. Mr. Snyder said the City Clerk could hold the ordinance and not record it with the auditor until she is in receipt of the full amount that the Council requires, and that a sunset would be put on the ordinance for approximately 90 days to allow the people to come up with the money. Mr. Sny- der said basically, when the City vacates property, it goes back in accordance with State law, and a platted subdivision like this would go to equal shares to the abutting property owners. If they want to do something else with it, that would be their decision. Councilmember Palmer inquired that since there are at least four abutting property owners, this request has virtually been merged for all parties, such that if any of the parties fail to come forward with their portion, would the entire vacation become void, and Mr. Snyder replied that would be his suggestion. Councilmember Palmer mentioned that he has driven by this alley and noted new structures being built, and asked Mr. Wilson if all of the structures that are being built have the required set- backs from the existing alley, and Mr. Wilson said it was his assumption that was the case, and they would have had to obtain the appropriate building permits. Councilmember Palmer commented he wanted to avoid the situation where a lot line was created that no longer had the required setback. Councilmember Palmer inquired about the situation where they were grandfathered or non conforming at this time. City Attorney Scott Snyder explained that if the Council approves the vacation, and the parties wish to then alter their subdivision boundaries, they would need to come to the City with lot line adjustments. Mr. Snyder said there is a situation at present where private easements were recorded that didn't comply with the subdivision plat and the City's position has been that they are not under the platting statute until approved as lot line adjust- ments or subdivision amendment adjustments. Councilmember Palmer assumed, by doing this, the City is not giving any indication that whatever land swap they want to do will necessarily com- ply, and asked Mr. Snyder if this assumption was correct, and Mr. Snyder replied affirmatively. Councilmember Kasper voiced his concerns over obvious encroachments in the subject property. Councilmember Kasper said if the City decided to grant the vacation, and the 12 feet goes equally to each side, those people have to pick the property up, it cannot go to somebody else. Council - member Kasper noted that one party across the road could not take all 12 feet. City Attorney Scott Snyder suggested that if the Council wishes, a condition of approval could be put into the vacation ordinance stating the City would require the property owners wishing the vacation, to obtain appropriate lot adjustments and have those come back to Council for approval in the final passage of the ordinance. Councilmember Hertrich asked about the lots which are not part of the agreement, but surround the proposed area of vacation. Councilmember Hertrich inquired if all of these lots contain homes. Councilmember Hertrich is concerned that if the vacation is granted, the surrounding property owners not part of this agreement could adversely be affected if lot lines were moved around. Councilmember Hertrich asked if these people in the mentioned lots were party to any of the pro- posed agreements or were knowledgeable of the proposed vacation. Mr. Wilson explained that as part of the record that Staff had to review in this request, there was no indication that proper- ty owners east of the request were consulted or have been party to the agreement. Mr. Wilson said as far as Staffs' analysis under the statutory requirement, Staff looks at whether or not any of the properties adjacent to the proposed vacation would be denied access. Mr. Wilson said you cannot make assumptions regarding if the property is vacant, what may be built, or where, and if it may or may not have an impact. Mr. Wilson explained that public notice was sent to all property owners within 80 feet of the proposed vacation informing them of the proposed action, and there wasn't any resistance noted. Councilmember Hertrich inquired if the property on the furthest east lot received visible notice of the proposed action, as they are on the alley system, and Mr.Wilson replied negatively, as they are at a distance greater than 80 feet away from the subject property. Mayor Naughten opened the hearing to the public. EDMONDS CITY COUNCIL MINUTES Page 3 October 15, 1991 Gerry McBride, 709 7th Ave. S., applicant, said that when the original petition was filed with the City, the petition exceeded the required two thirds property owners with the proposal. Mr. McBride mentioned there exists a side agreement with the two neighbors immediately to the north representing the 119.8 feet of property. Mr. McBride said when the vacation takes place, he will purchase their share, as the whole purpose in the vacation is to create a drive to the back of his residence. Mr. McBride said that after the necessary signatures were procured, he talked with Mr. Beck and Mr. Blazer, they added another 135 feet to the extension. Mr. McBride said all prop- erty owners were notified within 80 feet of the furthest point of the proposed vacation, and no objection has been noted. Mr. McBride said he has met every requirement for the vacation, and would like to address the question of the grade. Mr. McBride said he has had a topography per- formed, and the grade from beginning to end will not exceed 14%, which is City requirement. Mr. McBride said variance to 15% is probable, but it is his hopes that it will not exceed 14%. Mr. McBride said he would like to address the issue of the dollar amount of payment to the City for the proposed vacation. Mr. McBride proposed that he pay the City one half of what the Hearing Examiner recommended, due to the fact that property values have increased almost 100% from last year. Mr. McBride feels that the $13,290.75. should be reduced to $6646.00. Councilmember Kasper voiced his concern to Mr. McBride that there only exists a 12 foot easement that Mr. McBride is acquiring and no one else would be able to use it, as it would be used as a road access to his house. Mr. McBride replied a written agreement exists with the neighbors stating they will sell him their share. Councilmember Kasper asked about the neighbors setbacks, as the one of the homes sets right on the line. Mr. McBride said he was not told this would be an issue due to the fact that it is grandfathered in and will remain that way. Councilmember Palmer explained that one of the reasons he raised the questions concerning the sequencing, is that even if the Council takes action to vacate the property, Mr. McBride's pro- posed action with the neighbors wouldn't necessarily be a done deal. Councilmember Palmer said that basically, it would be two steps, in that the neighbors to the north would get half of the alley or six feet which would become a portion of their parcel. Councilmember Palmer noted if those neighbors are right on the lot line now with their structure, that means they would not be in compliance with todays setback requirements. Councilmember Palmer wanted Mr. McBride to be aware that the process of this vacation is not a straight forward action, and todays owners may not be tomorrows and the Council has to be concerned with separation between structures. Councilmember Palmer raised the issue of Mr. McBride's proposed revised valuation. Councilmember Palmer inquired if evidence was presented to the Hearing Examiner that disagreed with the valua- tion price which was set. Mr. McBride replied that he did raise the questions. Councilmember Palmer asked why it would be in the best interest of the citizens of Edmonds if the County Audi- tors recognizes that piece of property to be worth a certain value, why would the citizens be better off selling the property to Mr. McBride at half price. Mr. McBride replied that the Audi- tor looks at the property on a broad scope with the assumption that the property could be devel- oped. Mr. McBride stated the property can not be developed, which he feels necessitates a lower valuation. Councilmember Hertrich inquired how far away the present structure on Mr. McBride's property was from the existing right of way, and Mr. McBride replied it was five feet. Councilmember Hertrich asked what Mr. McBride would estimate how far the structure is on the north side is from that existing right of way, and Mr. McBride said he thought there was a 1/2" or 1/4" overhang on one of the eaves. Councilmember Hertrich inquired on the present use of the 12 foot piece of subject property, and Mr. McBride replied only vegetation existed, no vehicles. Councilmember Hertrich asked Mr. McBride if he intended to develop the 12 feet with an easement for the people eastward, and Mr. McBride replied negatively. Peter Beck, 718 Spruce Street, expressed his support for the proposed variance. Mr. Beck ex- pressed his opinion that the valuation process in which the Hearing Examiner reviewed is not accurate. Mr. Beck feels the property was valued as if it could be developed, however, Mr. Beck said the property cannot be developed, therefore, a lower valuation should_ be assigned to it and feels that the $6642.00 amount is a fair compensation. Councilmember Hertrich asked Mr. Beck how much of the proposed vacation he would acquire and Mr. Beck replied six feet. Councilmember Hertrich reiterated his concern that the proposed vacation may have a negative impact to the people to the east. EDMONDS CITY COUNCIL MINUTES Page 4 October 15, 1991 Mayor Naughten closed the public portion of the meeting. Councilmember Dwyer asked City Attorney Scott Snyder about the manner in which the vacated land becomes a part of abutting lots. Councilmember Dwyer inquired if that happens automatically as a matter of law upon the City's vacation and Mr. Snyder replied affirmatively. Councilmember Dwyer asked about the possibility of another party's ability to come in and purchase the right from that property. Mr. Snyder explained that the property owners could assure their rights by a quit claim deed with respect to the other party they would be dealing with. Mr. Snyder said the City's position, which is a correct legal position, is to alter the boundaries of the subdivision to effectuate a public transfer. Mr. Snyder said a lot line adjustment would be the simplest way to go, because this sort of transfer isn't creating a new building lot. Mr. Snyder said if you have properties that would not have a setback and are granted a setback, and the Staff is being asked to remove that setback, you would be probably tagging on a. variance application as well. Councilmember Jaech explained if the Council approves this, the public would have to know that a series of steps would have to be taken before the subject property could be used for a driveway. Councilmember Jaech said that City Attorney Scott Snyder explained a suggested lot line amendment would have to go through a. public hearing, as well as a variance hearing. Councilmember Jaech said these steps must be taken before a roadway could exist. Councilmember Jaech said potential- ly, you could go through those hearings unsuccessfully, and the vacation, if approved, would not be able to be used for what it was originally intended for. City Attorney Scott Snyder feels the most likely process to achieve what the property owners want would be to pursue a variance request for the house without a setback now. Mr. Snyder noted that once that six feet comes back by operation of law, then to get rid of it again would possibly create a self created hardship. Mr. Snyder said if the Council is desirous of approving the recom- mendation, he would suggest that the Council approve it in concept, conditional on a lot line adjustment, which is a staff decision, and a variance, which would be simultaneously processed which would go to the Hearing Examiner. Mr. Snyder said when those steps have taken place suc- cessfully, the vacation ordinance would go on the Agenda for Council approval. Councilmember Palmer asked Mr. Snyder to quote for the audience's benefit, what the side yard and rear set back currently are for these 6,000 square foot lots, and Mr. Snyder replied that the minimum rear yard setback is 15 feet, side yard set back is five feet. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST TO CONTINUE THIS SUBJECT TO A DATE CERTAIN IN ORDER TO GAIN ADDITIONAL INFORMATION CONCERNING THE PROPOSED VACATION. Under discussion, Councilmember Jaech suggested continuing the subject to the December 3rd Coun- cil Meeting, in order that the applicant and the neighbors have time to do the lot adjustment and go through the variance hearing process. Councilmember Kasper feels that the issue needs to be looked at closer and discussed in more detail. Council President Wilson suggested that it could be continued for a reasonable period of time, which would allow Councilmember Kasper time to address his concerns, while at the same time, yield to Councilmember Jaech's suggestion. Councilmember Jaech explained that the reason she was suggesting a certain format was so the applicant could begin getting through some of the hearing process, as winter will soon be approaching. The Council proceeded to discuss various options that would satisfy the Council and the applicant. Councilmember Hertrich said if the Council approves the proposed vacation, whatever shift in property lines made afterwards would have no bearing, and City Attorney Scott Snyder said it would have a bearing. What the City does when it vacates basically is determined by State stat- ute. For these people then to re -do it would require a series of steps, and as mentioned, the most important step would be some sort of variance to handle the rear setback requirement. Councilmember Nordquist inquired on Councilmember Kasper's reasoning to move the discussion for- ward, and what criteria was to be accomplished. Councilmember Kasper said he wants to procure the current side set backs, along with a copy of the agreement between the property owners. Councilmember Dwyer explained that the problem is the applicant may indeed find out that his neighbors are legally unable to sell him their half of the 12 foot right of way. Councilmember Dwyer said, however, that is the applicant's problem, and not the City's problem. Councilmember Dwyer said he would vote against the motion asking for a continuance. EDMONDS CITY COUNCIL MINUTES Page 5 October 15, 1991 Councilmember Kasper said another reason for the continuance is to resolve the issue of the valua- tion. MOTION FOR A CONTINUANCE FAILED with Councilmember Dwyer, Councilmember Nordquist, Councilmember Palmer, Councilmember Wilson, Councilmember Jaech, Councilmember Hertrich voting no. Councilmember Jaech said it was her understanding if the Council passed the motion to approve the vacation as it stands, the Council may be performing a mis-service to the property owners. Coun- cilmember Jaech explained they will have the property, but they may not be able to develop the property into a roadway without going through all the other steps. Councilmember Jaech said she doesn't think she will vote for granting the variance tonight because she believes that action will in essence, vote against for what the people in the area want. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HERTRICH TO ADOPT THE HEARING EXAMINER'S FINDINGS OF FACT AND RECOMMENDATIONS, APPROVE THE STREET VACATION REQUEST, AMEND THE CITY'S OFFICIAL STREET MAP ACCORDINGLY WITH THE STIPULATION THAT ALL OF THESE ACTIONS ONLY BECOME FINAL UPON RECEIPT FROM THE APPLICANT OF $13,290.75. Councilmember Dwyer stated that in terms of the valuation, he believes that the valuation arrived at by the Hearing Examiner is appropriate because the application was made at the end of June, 1991. Councilmember Dwyer also said that the land has increased in value, as has all other land. Councilmember Jaech asked City Attorney Scott Snyder if Councilmember Dwyer's motion would cause the applicant and property owners any problems if they decide to go for a variance. Mr. Snyder said what Councilmember Dwyer is referring to is the ordinance does not get recorded until all stipulations the Council sets forward are completed. Mr. Snyder said he will record the Coun- cil's discussion and reference the need for a lot line adjustment and variance, so that it is clear from the legislative record why the delay. Mr. Snyder said Councilmember Dwyer's point is you warn the property owners to the effect that if they pay the money and file the variance be- fore they get the lot line adjustment and file the vacation ordinance before they get the vari- ance and lot line adjustments, they may have done themselves a disservice. Mr. Snyder said he would address Councilmember Jaech's concerns in the ordinance. MOTION CARRIED with Councilmember Kasper voting no. REPORT AND DISCUSSION ON NORMA BEACH ANNEXATION STUDY Rob Chave, Planning Manager, explained the packet concerning the annexation study is basically the same packet that was presented to the Community Services Committee during its October 8th meeting. The committee raised several questions, mainly regarding parks, existing sewer service in the area, and possible sales tax revenues. Mr. Chave said this annexation study is in re- sponse to the interest of the residents in the Norma Beach/Picnic Point area in possibly request- ing annexation to the city. The focus of the report is on "Area A", which is outside the current Lynnwood annexation proposal. Mr. Chave said that in regards to sales tax, he cannot easily determine the exact sales tax reve- nues from the area. However, a simple ratio of the sales tax revenues received by Edmonds per capita, when applied to the Norma Beach area (Area A), would yield approximately $623,000. Even if he assumed that Area A would only generate half of that amount ($300,000), it would cover the difference between the expenses and revenues during the six year study period. Mr. Chave presented a view foil of Area A, and mentioned that with regards to sewer service, the far west and northwest of "Area A", that is where the sewer lines become more sporadic, and this is also in general, where the steeper slopes are. Mr. Chave said most of the remainder of the area is well served with sewers. With regards to the parks issue, the time period he is looking at, which is six years, the pre- sumption is Snohomish County would continue to operate, maintain, and improve the existing parks because they are regional parks. Councilmember Dwyer inquired if there was any sales tax revenue west of 52nd Street and 52nd street extended, and Mr. Chave replied he wasn't aware of any commercial activity in that area. Councilmember Dwyer said in terms of any discussion concerning ability to provide fire service or to generate sales tax revenue, that it necessarily includes the extension east from 52nd street and the area where it is indicated in Area A, and Mr. Chave replied affirmatively. EDMONDS CITY COUNCIL MINUTES Page 6 October 15, 1991 Councilmember Hertrich inquired on the population in Area A at: the present time, and what the population would be if the area was built out, and would the sewer treatment plant capable of handling a built out situation. Mr. Chave replied the current population figures is approximate- ly 7,000 in Area A, and 3,000 in Area B. Mr. Chave said his estimate of the total undeveloped land in Area A is probably in the 40 to 50% range. Councilmember Hertrich inquired if that sewer treatment plant is capable of handling 50% more capacity. Mr. Wilson said the City Engineer has indicated in part of the background information of the plant, it is currently operating at about 77% of capacity based on the existing facility. Councilmember Dwyer mentioned when the City swapped with Metro, the City took some of their capac- ity, allowing them to close the Richmond Beach Treatment Plant, which was the benefit to Metro. Councilmember Dwyer inquired what these people were swapping. Jim Walker, Assistant City Engi- neer said it was his understanding they had a long standing agreement with Metro that would allow them to switch; to transfer the way the gravity feeds to Metro at some point in the future. Metro did eliminate all future connections in Snohomish County, but they are under the understand- ing that these customers have been designated as having been going to Metro for years and they will have the ability to transfer them when a new lateral is extended which can handle the capaci- ty. Councilmember Dwyer clarified what is happening here, is capacity is being swapped for dol- lars, and Mr. Walker replied affirmatively. Councilmember Dwyer inquired on the rates Metro would charge or the limitations and how those rates might contrast with rates paid by Edmonds consumers. Mr. Walker said he knows that Metro has higher rates which will no doubt continue. Mr. Walker said, however, the other area where they have the treatment plaint, the rates are currently lower than the City of Edmonds, so that overall, they balance out. Councilmember Dwyer asked if Metro is guaranteeing King County rates to Snohomish County, and Mr.. Walker said he doesn't believe they have made any guarantee on rates in the agreement. Mayor Naughten said the City would validate and certify the petition which was presented to the Council tonight, and then a public hearing will be set after the petition is validated. Mayor Naughten thanked the people in the audience who were present for this subject. The Council recessed for a five minute time period and reconvened at 8:35 p.m. DISCUSSION ON SCOPE OF WORK AND FEE PROPOSAL FROM NAKANO DENNIS LANDSCAPE ARCHITECTS FOR CITY PARK MASTER PLAN n,VArvilla Ohlde, Parks and Recreation Manager, said the consultant selection committee selected Nakano Dennis Landscape Architects to complete the Master Plan for the City Park. Ms. Ohlde said the scope of work and the fee proposals presented from the consultant to the City, provide for two options for the agreement -the basic scope of work and the expanded scope of work. The dif- ference between the two proposals is the depth of the report, the community involvement, and the expansion of elements towards the design development stages; utilities plan, structure and build- ing plans, traffic analysis and conceptual graphics. Ms. Ohlde said she has discussed this with the Planning Board, and they wanted to make sure that the Council was aware that in the scope of work, there were limited amounts of presentations by the Consultant, so that needs to be noted. Ms. Ohlde said the Planning Board expressed their desire and recommendation to proceed with the basic scope of work versus the expanded scope of work. Councilmember Dwyer feels if the Parks Board is desirous of the less expensive plan, the Council should go along with that decision. Councilmember Nordquist noted that he sat on the selection committee, and the presentation by Mr. Nakano was incredibly good. COUNCILMEMBER DWYER, MOVED„ SECONDED BY COUNCILMEMBER HERTRICH, THAT BASED UPON THE RECOMMENDA- TION OF THE PLANNING AND PARKS BOARD, THE CITY ENTER INTO AN AGREEMENT FOR THE BASIC SCOPE OF WORK WITH NAKANO DENNIS LANDSCAPE ARCHITECTS. Under discussion, Councilmember Hertrich expressed his desire that the City allow the Planning Board to be part of this process. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 7 October 15, 1991 MAYOR Mayor Naughten announced that Chief Buzalsky has been appointed as Team Manager for the 1992 U.S. Olympic Amateur Boxing Team, which is quite an honor. Mayor Naughten noted that there are two proclamations this week; National Recycling Week October 14 - 20th; and National Businesswoman's Week, which is October 21 - October 25. COUNCIL Council President Wilson expressed his concern over the situation surrounding the construction of the Post Office in Perrinville. Council President Wilson said the neighbors are becoming rest- less and it appears that the Post Office is not cooperating. Council President Wilson asked the Council if some time should be set aside on a near future Agenda concerning this issue to let the J7 citizens know the City is aware of their concerns. It was the consensus to put this on the Octo- ber 22nd Agenda for a review. Councilmember Palmer said that the project is moving ahead rapidly, and City Staff is finding it difficult to obtain up-to-date plans, and at least one of the residents made him aware of a let- ter from Slade Gordon indicating the Postal Service will be complying with all Federal, State, and local ordinances in the building of that structure, so he feels an update is in order. City Attorney Scott Snyder suggested Staff prepare an update which lists all the steps and con- tacts the City has made with regards to the construction of the Perrinville Post Office, so the public is aware of everything. Planning Manager, Rob Chave, mentioned that the Department of Wildlife was also involved, and Staff will include an update on that as well. Council President Wilson referred to the Council/Staff Retreat slated for February 14 and 15th. Council President Wilson mentioned Councilmember Kasper will be out of town during that time, so he is considering another date, and will be forthcoming with suggestions for the Council to con- sider. Council President Wilson mentioned that Don Stay, Chairman of the Planning Board, invited the City Council to attend the Planning Board Meeting on December llth. Councilmember Jaech noted that she will be out of town during that period, however, it was the consensus that the remainder n . of the Councilmembers attend. Council President Wilson noted a recent article concerning the City of Lynnwood and the fact that they sliced their sin law into two ordinances. Councilmember Dwyer asked what the next step for the City of Edmonds is with regards to Adult Entertainment. City Attorney Scott Snyder mentioned that City Staff is going through the Council Minutes to make a list of public comments concerning this subject. Mr. Snyder said after this list is completed, he will review the list and provide various legal alternatives to address the issue. Councilmember Dwyer suggested discussing this matter during November, either on the 12th or 26th. Council President Wilson said he would pencil this in on the extended agenda. Council President Wilson asked the Council on their thoughts with regards to a four- hour Satur- day session on November 2, to discuss budget issues per a request from Art Housler. After discus- sion amongst the Council, it was decided that the session be held on Monday, November 4th at 7:00 p.m., in place of the regular Council Meeting. It was noted that the existing items scheduled for November 4th be switched to October 29th, which is a fifth Tuesday. COUNCIL PRESIDENT MOVED, SECONDED BY COUNCILMEMBER JAECH, TO EXCUSE COUNCILMEMBER KASPER'S AB- SENCE ON OCTOBER 1, 1991. MOTION CARRIED. GGArt Housler, Administrative Services Director, reminded the Council of a previous time table he u submitted to the Council which contained budget meetings at certain times. Mr. Housler asked Council President Wilson if those dates can be placed on the agenda, and Council President Wilson replied affirmatively. Councilmember Palmer asked Mr. Housler to provide the Council with a duplicate copy of that schedule. EDMONDS CITY COUNCIL MINUTES Page 8 October 15, 1991 Councilmember Palmer noted the request of the Port of Edmonds for public notice space in the library. Councilmember Palmer feels this is a good idea, and it is his understanding that the Port may have some public notice space that the City can post their agendas. Councilmember Nordquist inquired on the status of the October 1 Agenda Item concerning bids on petroleum products, and Noel Miller, Public Works Superintendent, noted the report is not complet- ed as of yet. Councilmember Nordquist inquired on the "No Outlet" signs on 238th. Councilmember Nordquist said it was his understanding that those signs were going to be replaced with other wording such as "Residential Street, no through street". Mayor Naughten said he will have Staff look into the matter. Councilmember Nordquist also expressed his delight in the confirmation of Chief Buzalsky as the Team Manager for the 1992 U.S. Olympic Amateur Boxing Team. Councilmember Hertrich mentioned the Shell Creek bypass. Councilmember Hertrich said there is a certain smell permeating from that pipe and has also noticed a white residue on the rocks just below the exit of that pipe. Noel Miller, Public Works `.superintendent, said that was looked at the other day and replied that part of Hindley Creek does flow through there most of the time, so there is some flow that goes through there, which is probably what the residue is. As far as the smell, the last manhole was lifted and no strong odor was detected, other than seaweed which does permeate up through the pipeline. Councilmember Hertrich asked Mr. Miller to look at the rocks and beach below the pipe to see if any infiltration of pollutant exists. �Q Councilmember Hertrich referred to the Lynnwood Sewage Treatment Plant and expressed his desire to have Councilmembers from Edmonds meet with Councilmembers from Lynnwood and have a one on one to discuss the continuing problems. With no further business, the meeting adjourned at 9:06 p.m. THESE MINUTES ARE SUBJECT TO OCTOBER 22, 1991 APPROVAL THE OFFICIAL SIGNED COPY OF THESE MINUTES IS ON FILE IN THE CITY CLERK'S OFFICE. �7 ONDA 0. 1ARCH, City Clerk EDMONDS CITY COUNCIL MINUTES Page 9 October 15, 1991 AGENDA EDMONDS CITY --COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7 :00 -- ! 0:00 -P.M. OCTOBER 15, 1991 CALL TO ORDER r1 Afl CAI IITC 1. CONSENT AGENDA (A) ROLL CALL '(B) APPROVAL OF MINUTES OF OCTOBER 1, 1991 (C) ACKNOWLEDGEMENT LEY OFRECEIPTOF CLAIM FOR DAMAGES FROM STEVE (D) REQUEST FOR EXTENSION OF TIME LIMIT TO 10:00 PM FOR OUTDOOR PA SYSTEM FOR UNITED WAY SHELTER RUN "BOO BALL" ON OCTOBER 31, 1991, TO BE HELD AT SAFEWAY PARKING LOT (E) PROPOSED RESOLUTION 723 ALLOCATING THE COST OF ACQUIRING PUBLIC WORKS FACILITY PROPERTY TO VARIOUS FUNDS (F) AMENDREQUEST TO CONTRACT BRACKETT'SS LANDING UPLAND IMPROVEMENTS ($2590) 2. AUDIENCE 3. HEARING ON HEARING EXAMINER'S RECOMMENDATION ON PROPOSED VACATION OF 275 FEET OF ALLEY EAST OF 7TH AVE. S., BETWEEN SPRUCE AND HEMLOCK STS. (APPLICANT: GERRY AND SANDIE MCBRIDE, ET AL/ST-3-91) 4. REPORT AND DISCUSSION ON.NORMA BEACH ANNEXATION STUDY 5. DISCUSSION OF SCOPE OF WORK AND FEE PROPOSAL FROM NAKANO DENNIS LANDSCAPE ARCHITECTS FOR CITY PARK MASTER PLAN 6. MAYOR 7. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE 9 (10 MINUTES) (60 MINUTES) (10 MINUTES)