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19780822 City Council Minutes• August 22, 1978 263' The regular meeting of the Edmonds City Council was called to order at 7:40 p.m., following an Executive Session at 7:00 p.m., by,,Mayor-Harve Harrison in the Council Chambers of the Edmonds Civic Center. .All present joined in the flag salute. PRESENT STAFF PRESENT Harve Harrison, Mayor Charles Dibble, M.A.A. Mike Herb Leif Larson, Public Works Director Katherine Allen John LaTourelle, Community Development Director John Nordquist Fred He City Engineer Phil Clement Jim Murphy, City Attorney Ray Gould Jackie Parrett, Deputy City Clerk Tom Carns Larry Naughten CONSENT AGENDA Councilman Nordquist asked that Item (F) be removed from the Consent Agenda. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The balance of the Consent Agenda contained the following: (A) Roll call. (B) Approval of Minutes of.August 15, 1978. (C) Adoption of Ordinance 2016, amending Environmentally Sensitive Areas Map and Comprehensive Policy Plan, pursuant to P.C. Resolution 597. • (D) Adoption of Ordinance 2017, amending,"SEPA Guidelines".and adopting.a new Map of Environ- mentally Sensitive Areas to Section 1.15.010. (E) Adoption of Ordinance 2018, repealing sections of the City Code relating.to signs erected before May 22, 1978. AUTHORIZATION TO EXECUTE EDMONDS MUSEUM (CARNEGIE LIBRARY,) RESTORATION GRANT CONTRACT AND AUTHORIZATION.. TO SET BID OPENING DATE OF SEPTEMBER 21, 1978 [Item (F) on Consent Agenda] Councilman Nordquist had several questions regarding the Contract. He noted that the City will be required to maintain the building for 10 years and he was concerned whether funds were available and what kind of guarantee there would be on.the new roof. Public Works Director Leif Larson said the roof they would specify normally has a 15 year guarantee and maintenance would be budgeted. Councilman Nordquist noted that there were some blanks in regard to fire insurance, and Mr. Larson indicated the MOTION: City's regular policy would take care of the coverage. COUNCILP1AN.NORDQUIST MOVED, SECONDED BY COUNCILMAN CARNS, TO APPROVE ITEM (F) ON THE CONSENT AGENDA. MOTION CARRIED. COUNCIL Councilman Carns commented that if people do not pay traffic fines when due it does not cost them any more than if they paid them promptly. He said many cities impose a'surcharge if they are not MOTION: paid immediately. COUNCILMAN CARNS MOVED THAT AT THE SEPTEMBER 5, 1978 MEETING THE COUNCIL BE GIVEN A REPORT FROM THE CHIEF OF POLICE AS TO WHAT EXTENT THE CITY IS RECEIVING LATE TRAFFIC VIOLATION BAIL. COUNCILMAN GOULD SECONDED THEMOTION, WITH THE UNDERSTANDING THAT THE CITY ATTORNEY'S OFFICE BE PREPARED TO DISCUSS WHAT CAN BE DONE LEGALLY TO REMEDY THIS SITUATION AND WHAT IS TYPICALLY DONE IN OTHER JURISDICTIONS.- MOTION CARRIED. Councilman Naughten commented on.the heavy impact the Trident ferry traffic is having on parking • MOTION: requirements on the waterfront. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, THAT THE STAFF CHECK INTO THE POSSIBILITY OF THE CITY'S OBTAINING.SOME KIND OF FUNDS BECAUSE OF THE TRIDENT FERRY TRAFFIC IMPACT ON PARKING IN THE EDMONDS WATERFRONT AREA. MOTION CARRIED. Councilman Nordquist said he had a note from the City Attorney's Office stating internal' combustion engines could not be totally.abolished from use on Lake Ballinger but that'the horsepower and speed could be limited. The Attorney's Office further suggested that this be coordinated. with the County and with Mountlake Terrace. Councilman Nordquist said he would like to have time to meet with the proper people in this regard and perhaps report.back to the Council in October. COUNCILMAN CARNS MOTION: MOVED, SECONDED BY COUNCILMAN GOULD, THAT THE COUNCIL RECEIVE A REPORT FROM COUNCILMAN NORDQUIST AT THE OCTOBER 3, 1978 MEETING REGARDING THE USE OF POWER BOATS ON LAKE BALLINGER. MOTION'CARRIED. Councilman Nordquist also commented that he had read about pollution in the south -portion of Lake Ballinger and he inquired about that. Public Works Director Leif Larson responded that a log or debris had caused the problem at the Lake Ballinger pumping station but it had now been remedied. Councilwoman Allen said she was interested in attending the League of National Cities convention to be held in St. Louis, and she asked the Council's opinion. The Council was in agreement that she should go if she was interested. Mayor Harrison said he thought it would be appropriate for one person from the City to attend. Councilman Clement referred to a memorandum the Council had received requesting approval of the amended SNOCOM Interlocal Agreement. Councilman Carns stated that every jurisdiction in South Snohomish County had signed the agreement. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT THE MAYOR BE AUTHORIZED TO SIGN THE SNOCOM INTERLOCAL AGREEMENT AS AMENDED. MOTION CARRIED. AUDIENCE Pam Witmer, reporter for the Western Sun, asked the Council if they planned to take action related to the Executive Session held before this meeting. Councilman Carns responded that Jim Bride had suggested that a Park and Recreation District be started and that the City be involved in it. • Councilman Carns said he did not think the City could purchase the property in question. 2641 August 22, 1978 - continued • PROGRESS REPORT FROM LIBERTY TV CABLE, INC. MOTION: Ted Lovett presented an update of cable footage installed and provided a map which reflected their construction area. Since the date of his written report, August 17, 1978, he said an additional 2,000 ft. of cable had been installed, leaving a balance of about 6,600 ft. He said their projected completion date had been August 30, 1978, and he was attempting to meet that date but it may be close. He said he would be willing to return on September 5, to give the Council a report. He indicated normal installation scheduling presently is two weeks after the request is made. COUNCIL- MAN CARNS MOVED, SECONDED BY COUNCILMAN GOULD, THAT BECAUSE OF THE PROGRESS LIBERTY TV CABLE HAS MADE, THE DEADLINE FOR SERVICING .ALL OF THE CITY OF EDMONDS BE EXTENDED TO SEPTEMBER 30, AND THAT A REPORT BE MADE TO THE COUNCIL ON TUESDAY, OCTOBER 3, 1978. Councilman Clement said he would like to see. -a customer hook-up report for those areas -affected by the installation. He said he would like to know how much the volume had increased. Mr. Lovett replied that they are only running 35% saturation. THE MOTION THEN CARRIED. DISCUSSION ON PROPOSED ORDINANCE FOR IN -LIEU FEES FOR PARK LANDS The question arose as to whether this item should be discussed before going to the Planning Com- mission. Notifications had been sent to interested parties before it was determined that it would have to be heard by the Planning Commission, because it invoved an amendment to Title 12 of the Edmonds City Code, and since there was such a large response to the notification it was decided to go ahead with the discussion, the matter still having to be heard by the Planning Commission before the Council could take action. Community Development Director John LaTourelle explained that Washington state law provides for public dedication of lands during the subdivision process for various things -- planting strips, streets, etc. One of those items that the State recognizes as a legitimate public purpose for dedication.of subdivided lands is park land and open space. The proposal for in -lieu fees is one which allows, where it is difficult for the subdivider to actually dedicate those lands for park and open space purposes, that payment may be made of an equivalent fee. In many instances the site is small, and an in -lieu fee provision could provide for • payment of a fee instead of dedicating the land. After this explanation, the discussion was opened to the public. Dick Cole, Chairman of the Parks and Recreation Advisory Board, said this matter had been discussed at the last Park Board meeting and the Board had decided to recommend to the Council that this proposal be adopted with a fee of $250 for each living unit. Mr. Cole said the need for money for park activities was clear. He said the Board spends hours establishing priorities and then nothing happens because there is no money. He felt the most pressing current need was for ball fields and he did not see any way of alleviating the problem other than with money; and he said this would provide the needed money. He thought this kind of fee recognized the contribution the older citizens in the City have made to the City and in a way would give them back something they paid for and which has been taken away from them because of overcrowding. He felt many of the older citizens no longer try to use the parks because they are overcrowded. Mr. Cole said he did not see that money would be available from any other place in the kind of figures that would be available this way. Herb White, a member of the Park Board, said it had been estimated that if this proposal had been in effect last year it would have generated $151,000. He said in determining the $250 figure.they had considered what other cities are using, and he pointed out that this was not a new concept. He said the Park Board unanimouslv supported this .DroDosal, and that the proposal would provide operating funds as'well as acquisition funds for property as it becomes available. Dick Van Hollebeke of 580 Hemlock asked what funds were available for acquisition of park property and whether there was a comprehensive plan for acquisition. He was told there were no funds avail- able and that there is a comprehensive plan. He was in favor of the concept but said he felt the fee was far too low. He suggested the Council consider a fixed percentage, such as 2 of 1% which would seem more reasonable and would keep pace with inflation. Clifford Pryor of 18717 Sound View Pl. read a letter from the Edmonds Beautification Committee endorsing the proposal. Owen Stanley, representing the senior citizens, said he was concerned 'about adding $250 per unit to low income Section VIII housing because the developers would have.no way to pass on the assessment. Tom Belt of 9808 215th S.W., a builder and developer, said he was in favor of contributing for parks but the developers have already absorbed a good many charges. He noted that.there are very few large • developments left and he was not against larger developments being involved, but he felt small subdivisions of three or four lots should not be. He said he owns a large piece of property in Edmonds that he may develop and he would have no problem contributing when he develops that, but he was against it for small developments. Michael Sherer of 848 Maple felt maximum use was not being obtained from the parks and fields the City already has. He said some lights would provide more usage. He felt that the Junior High playfield was one of the best facilities he had seen and some upgrading would provide maximum usage. Joe Wermus of 752 Dayton said the need seemed to be clear. He called attention to the four unplayable tennis courts in what he called one of the most affluent cities in Washington. He felt this proposal was fair and reasonable',. but he supported a fixed percentage rather than a flat fee. Mr. LaTourelle responded that to establish a fixed percentage.each piece of property involved would have to be appraised. City Attorney Jim Murphy said assessed valuation could be used for the computation. Bob Pantley, a builder, felt the fee was unfair. He felt the builders were being charged because it was "politically expedient." He felt this would be a latecomer's fee and that there should be a bond issue instead. He suggested the City could raise funds for parks by changing some of its in-house procedures and he asked that a Councilmember work with him for a while and he would demonstrate where these savings could be made. He felt there were other ways than the in -lieu fee to acquire park property and to demonstrate this he presented a plan for acquiring a park at the waterfront. Gene Leach, President of the Edmonds Soccer Club, said his group gets very little from the City of Edmonds in the way of parks. He supported the proposal. The public portion of the discussion was closed. Councilman Naughten expressed the view that adequate parks and playfields improve the values of everyone's property. He was sure that whatever fee was charged would be passed on to the purchaser. He thought this would be an excellent program, but he recommended a fee of $350. Councilman Carns felt it -would be equitable to have people coming into the City pay their fair share of the costs of parks. Councilman Gould strongly supported the proposal and noted that there is a lot of enthusiasm on the parts of the Park Board members now that they see a possibility of accomplishing E 2 ` . cJ. • August 22, 1978 - continued something in the way of providing some facilities. He asked several questions about parts of the ordinance. With regard to the developer of a substantial piece of property, Mr.'-LaTourelle said he would be asked to -dedicate lands as reflected on the°Comprehensive Park Plan. Councilman Nordquist felt this was a method.to get started with, but he hoped 'it was not the only method to be used to acquire funds for acquisition of park property or for mai'ntenance of what the City has. He also hoped the funds would be used throughout the City and not concentrated in any one place. Councilwoman Allen said she was in favor of the proposal at this point but she wanted to hear from the Planning Commission. Councilman Clement also was in favor. Councilman Herb said much more must be done on parks and that everything possible should be done to make the waterfront available to the people. He said he respected Mr. Pantley's presentation and he felt it.was essential to hear all viewpoints. He did not think the in -lieu fee was the way to raise park funds, saying the costs of housing were, constantly being raised. MOTION: COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN CLEMENT, THAT THE.PROPOSED ORDINANCE FOR IN -LIEU FEES FOR PARK LANDS BE SENT TO THE PLANNING COMMISSION, COMING BACK TO THE COUNCIL FOR HEARING ON SEPTEMBER 19, 1978. MOTION CARRIED, WITH COUNCILMAN HERB VOTING NO. HEARING ON PROPOSED ORDINANCE TO PROHIBIT PARKING ON BOTH SIDES OF 76TH AVE. W. FROM 242ND TO 244TH Public Works Director Leif Larson concurred with. Councilman Nordquist's observation that there is a flow problem in the subject area due to commuter cars parking, particularly in the southbound lanes, and impeding the channelization of traffic approaching SR104. Councilman Nordquist said a lot of people park there all day, taking the bus into Seattle. He said he had spoken with the two property owners who would be affected most directly by this proposal, the Arco station and one residential property owner, and both agreed that this was a good proposal and said i_t would not adversely affect them. The public portion of the hearing was opened, no one wished to speak, and the publ.ic portion was closed. COUNCILMAN MOTION: NORDQUIST MOVED, SECONDED BY COUNCILMAN CARNS, TO ADOPT ORDINANCE 2019, PROHIBITING PARKING ON BOTH SIDES OF 76TH AVE. W. FROM 242ND TO 244TH . MOTION CARRIED. Councilman Herb was not present for the vote. DISCUSSION ON RATE FOR IN-LTEU PARKING REQUIREMENTS IN DOWNTOWN BUSINESS AREA Community Development Director John LaTourelle stated that the language in Title 12 indicates this matter does not have to be reviewed by the Planniling'-Commission. He said the feeling was that it is preferable to save an existing building rather than to require that it be torn.down because of a parking requirement, and that was the basis of their recommendation to use only $500 as the fee for .conversions while using $1,000 for new construction. Councilman Clement noted that the $500 fee would be a subsidy, being less than the cost of a parking stall, and would therefore be an incentive. He said the desire was not to change the complexion of the town. He thought this was a reasonable compromise. Councilman Carns felt the fees were too low. He suggested this might be passed and reviewed in a year, hoping that in a year's time some kind of input would come in from the business community. Mr. LaTourelle responded that the Parking Commission is required by ordinance to review the fees and report to the Council. Councilman Naughten was concerned as to when and where parking lots would be provided. Councilman Clement responded that the Parking Commission has felt.they could not do anything on the plan they have because they have had no funding source.. He said that now that there is a funding source he thought. the next step would be for the Parking Commission to come forward with a plan for acquisition. He hoped that in the first quarter of next year they could MOTION: come forward with a recommendation for the purchase of land. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN GOULD, TO PASS RESOLUTION 412, ESTABLISHING THE RATES TO BE PAID IN LIEU OF CONSTRUCTING OFF-STREET PARKING SPACES IN THE DOWNTOWN BUSINESS AREA. MOTION CARRIED. PROPOSAL FROM PLANNING AND ENGINEERING DIVISIONS TO ACCOMPLISH DEVELOPMENT CONTROL ORDINANCE AND. CITY COMPREHENSIVE PLAN AND PROGRAM Community Development Director John LaTourelle outlined.in a memorandum the steps,in the process to revise and restructure the City's Development Guidance Program. He said it would take between 12-18 months to accomplish this, from the time he had the Staff to do it, and that he presently did • not have the necessary Staff. He said he would need an experienced planner to be the project manager, a research assistant to do basic studies on development standards and field work, and consultants in the form of contracted services. The funds required would be $57,000 for FY79 and $14,000 for FY80. He said there was some money in the current budget which was put there on the assumption that the Edmonds Elementary School would be acquired this year and so there would be funds for some improve- ments. He suggested the $10,000 for contracted services in FY79 come from those funds immediately, in order to start the project, cutting the required funds for FY79 to $47,000. He said they also. would'like to use part of those funds for irrigation of Seaview Park. After some discussion, MOTION: COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN CLEMENT, THAT OF THE $3.0,000 IN THE RECREATION DIVI- SION'S FACILITIES FUND, FUNDS BE TAKEN FOR THE IRRIGATION OF SEAVIEW PARK AND APPROXIMATELY $15,000 BE MADE AVAILABLE FOR THE PROPOSALS OUTLINED IN MR. LaTOURELLE'S AUGUTS 17, 1978 MEMO TO THE MAYOR. Councilman Carns inquired whether this would result in a total Comprehensive Plan revision update in relationship to land use. Mr. LaTourelle responded that it would in the sense that our Comprehen- sive Plan now is a policy document. He said there would be a new Comprehensive Policy Plan Map. He noted that the City does not have a traditional Comprehensive Plan. He said they see any changes in the.land.use map as being secondary to the changing of the development guidelines as a lot of the objections to the development occurring now are really attributable to the guidelines the City has. Councilman Carns stressed that -the Council would have to continue with the funding in FY79. In answer to a question, Mr. LaTourelle stated that the people who are hired will be hired only for the periods indicated and they will understand that. THE MOTION CARRIED. Public Works Director Leif Larson also outlined the tasks required of -his department, the needs for additional personnel, and the funds required. He divided the tasks into three groups, the first group being projects which the Engineering Division and Community Development Department would work together on, the second being projects in which Engineering could proceed 'fd dependently but would not lend themselves to accomplishment by a consultant, and the third being projects which already have been funded and are under way in-house or by a consultant. He said he would need one.additional graduate engineer for an approximate 18-month period for each of the first two groups of tasks. In event of restriction of funds, he said the programs could be accomplished in phases, with the first group having the highest priority. Funds required would be $10,000 for FY78, $33,600 for FY79, and 6.6 August 22, 1978- continued $11,200 for 1980, to cover the tasks in the first two groups. The third group already is funded. MOTION: COUNCILMAN CARNS.MOVED,-SECONDED BY COUNCILMAN CLEMENT, THAT THE ENGINEERING DEPARTMENT BE ALLOWED TO GO AHEAD WITH THE HIRING PROCESS TO COMPLETE THEIR PROGRAM FOR FY79 AND IF THEY HAVE ANY PROBLEM FUNDING THAT THEY RETURN TO THE COUNCIL. MOTION CARRIED. MOTION: MOTION: APPROVAL IN PRINCIPLE FOR ACCEPTING WASTEWATER FROM WOODWAY PARK IN EDMONDS TREATMENT FACILITY Public Works Director Leif Larson indicated by.memorandum that the Town of Woodway is working on the details of an agreement with Edmonds concerning sewage disposal for Woodway Park, the new development at the north end of Woodway. Pending resolution of the details, the developer was anxious to have approval in principle so that he could proceed with construction of dry sewers during favorable weather conditions. He agreed to absorb all costs should the final agreement not be consummated and he agreed that this approval would be without prejudice. All necessary permits for the portion of the work done in Edmonds would be obtained through normal channels, again without prejudice. Mr. Larson indicated that the logical flow path for sewage disposal would be to the Edmonds Wastewater Treatment Plant and he felt that an agreement eventually would be reached, so he recommended.the approval in principle be granted. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO GRANT THE APPROVAL IN PRINCIPLE FOR ACCEPTING WASTEWATER FROM WOODWAY PARK IN THE EDMONDS TREATMENT FACILITY. MOTION CARRIED. It was announced that a short Executive Session would follow this meeting regarding the condemna- tion proceedings on the Edmonds Elementary School property. There was no other business to come before the Council, and the meeting adjourned to Executive Session at 10:30 p.m. IRENE VARNEY MORAN City Clerk August 29, 1978 -- WORK MEETING HARVE H. HARRISON, Mayor The regular meeting of the Edmonds City Council was called to order at 7:35 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present jointed in the flag salute. PRESENT ABSENT STAFF PRESENT Harve Harrison, Mayor Mike Herb Charles Dibble, M.A.A. Katherine Allen John Nordquist Leif Larson, Public Works Director Phil Clement Tom Carns Fred Herzberg, City Engineer Ray Gould John LaTourelle, Community Develop. Dir. Larry Naughten Art Housler, Finance Director Irene Varney Moran, City Clerk John Wallace, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN CLEMENT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The Consent Agenda contained the following: (A) Roll call. (B) Approval of Minutes of August 22, 1978. (C)- Set September 5, 1978 for hearing of P.C. Resolution 600, recommending approval of proposed amendment to the Zoning Code, Comprehensive Policy Plan, and the Shoreline - Management Master Program to change the permitted uses and development regulations in the CW zone and Shoreline Management Master Program and to add waterfront and walkway designs policies to Section 208 of the Comprehensive Policy Plan. (File ZO-9-77 and CP-2-78) (D) Receipt of Claim for Damages from Jack Sampson in the amount of $113.83. (E) Acceptance of Quit Claim Deed in conjunction with short subdivision - Peter Hemp. (S-34-78) (F) Acceptance of Quit Claim Deed in conjunction with short subdivision - Harold Croy. (S-41-78) (G) Acceptance of Quit Claim Deed in conjunction with short subdivision - Ken Mattson. (S-30-78) (H) Authorization to terminate Interlocal Agreement with Lynnwood for Street Sweeper Contract with Ernie's Eductor Service. COUNCIL Councilman Clement advised he would be absent September 5 as he will be attending a State Transit Operators Convention at Ocean Shores. 1 1 1 171