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01/07/1986 City CouncilTHESE MINUTES SUBJECT TO JANUARY 15, 1986 APPROVAL EDMUNDS CITY COUNCIL MINUTES JANUARY 7; 1986 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag sa- lute. PRESENT STAFF PRESENT Larry Naughten, Mayor Steve Simpson, Parks & Rec. Mgr. John Nordquist Jack Weinz, Fire Chief Steve Dwyer Dan Prinz, Police Chief Laura Hall Peter Hahn, Community Svcs. Dir. Jo -Anne Jaech Mary Lou Block, Planning Div. Mgr. Jack Wilson Art Housler, Admin. Svcs. Dir, Bill Kasper Chris Beckman, Engineer Coordinator Lloyd Ostrom Jackie Parrett, City Clerk Cindy Browne, Student Rep. Margaret Richards, Recorder Mayor Naughten administered the oath of office to Municipal Court Judge Stephen Conroy. Judge Conroy then administered the oath of office to Councilmembers Dwyer, Hall and Wilson. CONSENT AGENDA COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (B) APPROVAL OF MINUTES OF DECEMBER 17, 1985 (C) FINAL ACCEPTANCE OF WORK BY DAVE MARTHINI CONSTRUCTION COMPANY FOR 1985 PEDESTRIAN WALKWAY PROGRAM, AND SETTING OF 30-DAY RETAINAGE PERIOD (D) ACCEPTANCE W. PROJECT,SANDASETTINGELECTRIC, FINAL WORK BY OF3_-DAY ROETAINAGELINSTALLATION AT PERIOD (E) OCCUPATIONFPERMITRFORIDENTALHEARING ON OFFICE AT 8505AL OF TALBOTEARING EXAMNER DECISION RD.(CU-42I85/APPELLANT:DEDRINE SET DATE JAMES LAGOS) (F) SET DATE OF JANUARY 21, 1986HEARING ON PLANNING BOARD RECOMMENDATION TO AMEND CHAPTER 15.38 OF COMMUNITY DEVELOPMENT CODE, ADDING NEW DEFINITIONS FOR BULKHEADS, GROINS, JET- TIES, AND LANDFILLS; AND ESTABLISHING REVIEW CRITERIA FOR JETTIES AND LANDFILLS (CDC-3- 85) (G) ADOPTION OF COUNCIL FINDINGS AND CONFIRMATION OF DECISION IN MATTER OF APPEAL OF BOB BOYE (AP-2-85) (H) ADOPTION OF COUNCIL FINDINGS AND CONFIRMATION OF DECISIONS IN MATTERS OF CONTRACT REZONE R-3-85 AND SUBDIVISION P-2-85 (WEBCOL, INC.) (I) CADOPTION OF ONTRACT REZONEIRA3C852547 ANDREZONING AUTHORIZATIONRTY FORAMAYOR2TO SIGN W. FROM CONTRACT BN TO RM-3 UNDER CONTRACT (J) ADOPTION (HOMELAND COUNCIL FINDINGS AND CONFIRMATION OF DECISION IN MATTER OF SUBDIVISION (K) ADOPTION OF COUNCIL FINDINGS AND CONFIRMATION OF DECISION IN MATTER OF.APPEAL OF JAMES MAGNUS/ROBERT KOO (CU-46-85) (L) ADOPTION OF COUNCIL FINDINGS AND CONFIRMATION OF DECISION IN MATTER OF CONTRACT REZONE (M) FINAL APPROVAL OF,5-LOT SUBDIVISION AT 721 EDMONDS WAY (P-3-85/PINESTONE) Mayor Naughten introduced the new student representative, Cindy Browne. He noted Cindy is the seventeenth student representative to serve on the Council since 1980.. AUDIENCE Ray Martin, 18704 - 94th Ave. W., requested the Council to allow public input regarding the Recom- mendation Regarding the H.O. Hutt House. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER HALL, TO ALLOW PUBLIC INPUT TO THE COUNCIL'S DISCUSSION. COUNCILMEMBER DWYER MOVED TO AMEND THE MOTION TO ALLOW PUBLIC INPUT.NOT TO EXCEED THIRTY MINUTES. COUNCILMEMBERS OSTROM AND HALL CON- CURRED. MOTION CARRIED. STATUS REPORT ON WATER LINE IMPROVEMENTS ON SEAMONT LANE (MRS. HOCHWALT) Community Services Director Peter Hahn gave background information. Councilmember Hall noted that the appropriate action to take at this time would be to remand this issue to the Council for discussion, and the next course of action rested on Mrs. Hochwalt. She added that Mrs. Hochwalt has been dealt with fairly. City Attorney Scott Snyder reported he has .been in contact with Derrill Bastian, the Hochwalt's attorney. .Mr. Snyder said the Hochwalt's are pursuing their reme- dies with the sellers, the Butler's, and maintain that the City is without authority to deny them a building permit, should they apply for one. Councilmember Kasper stated the City has been derelict in its position, as has Mrs. Butler, because it has been aware of the water line for approximately ten years. He said Mrs. Hochwalt has been placed in an unjust position, and an L.I.D. should be forced if this issue is not remedied. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, THAT ALL FURTHER DISCUSSION IN THIS MATTER TAKE PLACE IN THE EXECUTIVE SES- SION. MOTION CARRIED. RECOMMENDATION FOR PARKING CONFIGURATION ON OCEAN AVE. Police Chief Dan Prinz reported it was recently discovered that the parking configuration on Ocean Avenue imposes easterly onto Burlington Northern Railroad (BNRR) property. Administration suggested a:plan to utilize the southerly end of Ocean Avenue for parking, still using BNRR proper- ty. A letter was sent to BNRR requesting the usage of their property and subsequently denied. Chief Prinz said the alternate solution was to utilize the City's thirty-foot right-of-way for parking. He said there are no parking restrictions at the present time and suggested Council may wish to take that into consideration this evening. Community Services Director Peter Hahn af- , firmed the concept of a restricted, controlled viewpoint for five parallel parking spaces within the thirty-foot right-of-way. He said the installation of five parking spaces approximately ninety feet in length on the westerly side of Ocean Avenue in the general proximity where the five angled parking spaces were proposed would conform with the City Code, street width require- ments, and all traffic handbooks and guidelines. Mr. Hahn recommended that a survey be conducted to determine the precise westerly boundary of Ocean Avenue. Councilmember Dwyer inquired if a parking plan would require the use of BNRR property. Mr. Hahn said additional space was needed only for angled parking, and not parallel parking. Councilmember Dwyer stated he was opposed to approval of any parking plan prior to a survey. Mayor Naughten clarified that any future parking plans would be within the City'.s right-of-way. Mayor Naughten recommended cost estimates be obtained for a limited parking plan. Councilmember Jaech requested that a turnaround without trespassing onto private property be incorporated into the plan. Councilmember Ostrom read a letter from residents and neighbors of Ocean Avenue, Somerset Lane, and 9th Street addressed to the City Council objecting to the City's plan to include all or part of Ocean Avenue as residen- tial access to public parking. He requested that the parking resolution address all the concerns and points as outlined in the letter. Mayor Naughten assured Councilmember Ostrom that any pro- posed parking plan would conform to City Street Standards and would prohibit unattended cars by impounding them. Councilmember Hall clarified that she has not participated in the development of any plan or parking configuration for Ocean Avenue. Mayor Naughten noted there are three positions for consideration on Ocean Avenue: 1) disallow parking; 2) open public parking as previously allowed; and 3) control parking without excluding the public's right to park and look at the view. Mayor Naughten added the City's position is to offer restricted parking within the City's Street Standards. Councilmember Dwyer inquired if the public is parking on BNRR property, since there are no regulations at the present time. Mr. Hahn said it was not possible to deter- mine because there are no marked boundaries; and the purpose of the survey is to determine the boundary line. Councilmember Ostrom stated an ordinance to prevent people from parking on pri- vate property was unnecessary because it was illegal, adding that until an alternative plc,i is presented, it should be treated accordingly. He said Council had requested Administration to present a parking plan under the assumption that.the City owned the property; therefore, any proposal presented was the City's, and not a Council -requested proposal. Mayor Naughten con- curred. Councilmember Dwyer stated he would not vote to authorize expenditures to purchase proper- ty for parking. Mr. Hahn stated that the thirty-foot right-of-way was sufficient for paving and parking, as stated.in 18.80 of the Community Development Code. Councilmember Ostrom inquired EDMONDS CITY COUNCIL MINUTES Page 2 JANUARY 7, 1986 about the cost. Mr. Hahn. replied between $3,000 to $6,000. Councilmemb.er Ostrom inquired about the turnaround. Mr. Hahn replied the turnaround was of sufficient width to allow vehicles to turn around. Councilmember Dwyer inquired about parking on the north end. Mayor Naughten said parking on the north end is no longer a consideration because of the proximity of the homes. Councilmember Ostrom inquired when the survey would be conducted. Mr. Hahn said if Council de- sired, the survey could be completed by the end of next week. Mayor Naughten waited for instruc- tion from the Council to pursue a survey and parking plan which required limited parking on Ocean Avenue. Councilmember Dwyer said an intelligent decision could not be reached absent a street survey. Councilmember Wilson stated Mayor Naughten did not need further instruction from Coun- cil, but should proceed.with the survey and present Council with a plan for evaluation. Council - member Ostrom inquired what the enforcement policy would be in the interim. Mayor Naughten said the previous policy would be in effect. Chief Prinz noted enforcement would be difficult with- out an ordinance. City Attorney Scott Snyder said it would be difficult for an officer to issue a citation for trespassing unless he knew where the right-of-way was. Councilmember Hall stated this was a situation in which whateer happens happens, and the City could only use common sense. Councilmember Dwyer stated the City should take an affirmative step and inform BNRR that the City will not sign their property since BNRR took an affirmative step in denying usage of their proper- ty. Mayor Naughten recognized Boy Scout Troop 312 from the Edmonds Methodist Church. The Troop is working on their citizenship merit badge in preparation for advancement. They are in attendance to observe the proceedings regarding the H.O.,Hutt House. RECOMMENDATION REGARDING H.O. HUTT HOUSE Community Services Director Peter Hahn gave background information. Mayor Naughten notified the present tenant, Mr. Hennessey, of the June 1986 extension. Mr. Hennessey signed a Hold Harmless Agreement, which was advised by City Attorney Scott Snyder. Mr. Hahn stated this issue will be addressed at the February meeting of the Planning Board. The Board will present a recommendation to Council in April or May of this year regarding the disposition of the Hutt house. Councilmem- ber Ostrom inquired if the extension is the period of time that the Hennessey's intended to live in the house. Mayor Naughten said if a move were to take place, June would be more convenient for them. Councilmember Ostrom said it appears a decision has been made that the house will remain unoccupied after June 30, 1986. Mayor Naughten replied the extension was granted because the Planning Board needed some time to present Council with a recommendation regarding the disposi- tion of the houses. Councilmember Hall inquired if the new roof on the cottage has been post- poned. Mayor Naughten replied affirmatively. Councilmember Jaech noted two issues before the Council are the disposition of the Hutt House and the ensuing process regarding the house. She said this issue has not been addressed in the most appropriate manner. She requested an account- ing of repairs made to each unit. Councilmember Jaech inquired: Who is paying the utilities on each unit; when the units were occupied, and by whom; what form of rental agreements or leases were signed; how much has been spent or allocated to be spent on improvements; are the improve- ments necessary; why was the decision made to evict the tenants and tear the house down; who requested the State electrical inspection? Mayor Naughten said he requested the State electrical inspection for safety reasons, and that no decision has been made to evict the tenants or tear the house down. Councilmember Jaech asked why the cottage was not inspected. Mayor Naughten said the cottage did not have the same problems as the house. Mr. Snyder stated that even though the tenant has signed a Hold Harmless Agreement, pursuant to the Landlord/Tenant Act, if anyone were injured in the house due to a Code violation, the City could be held negligent. Mayor Naughten opened the discussions to public input. Finis Tupper, 711 Daley Street, stated he formulated a ledger of the rental income of $6,845. He suggested the City perform an audit of the income and expenses, noting in view of the tight budg- et the City could derive funds from the property. He requested the City to review the ledger and distributed this information to Council members. Jim Hennessey, 9309 - 187th S.W., stated he was contacted by a City official to schedule an ap- pointment to make repairs on the Hutt House. However, no one came to the house and none of the corrections have been made yet. Mr. Hennessey said he has received two bids from contractors for electrical repairs ranging from $2,900 to $3,000. He said he has been successful in doing many of the repairs himself and suggested that some of the repairs be accomplished throughout the next few years. Ray Martin, 18704 - 94th Ave. W., requested the Council contact the Planning Board and advise them that citizens of Edmonds would like to be involved in the planning process regarding Hutt Park. He stated Mr. Hennessey's contribution to the maintenance of the house has been over- looked, and it appears that Staff desires to evict Mr. Hennessey and ignore his contributions. Mr. Martin said Staff's costs are vague and nonspecific. He questioned whether the corrections are requirements or merely improvements. He said he recently visited the house, and it is a EDMONDS CITY COUNCIL MINUTES Page 3 JANUARY 7, 1986 sound structure. Mr. Martin emphasized Mr. Hennessey's contributions, noting he was not pleased with any. implication that Mr. Hennessey will be evicted after June 30, 1986. He added that receiv- ing eviction notices and telephone calls during the holidays spoils the holidays. He expressed his appreciation to Mayor Naughten for contacting Mr. Hennessey. Mayor Naughten closed the public discussion. ELECTION OF COUNCIL PRESIDENT COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO NOMINATE COUNCILMEMBER HALL FOR COUNCIL PRESIDENT. COUNCILMEMBER OSTROM AMENDED THE MOTION, ACCEPTABLE TO THE MAKER AND THE SECOND, TO ELECT COUNCILMEMBER HALL BY UNANIMOUS VOTE. MOTION CARRIED. Councilmember Hall ex- pressed her appreciation for the vote of confidence. CONFIRMATION OF MAYOR'S APPOINTMENT OF CITY ENGINEER Councilmember Nordquist inquired about the terms which were offered to Robert Alberts. Community Services Director Peter Hahn said a salary of $3,410 a month and a maximum of $1,250 for moving expenses was offered; and no additional departures from present policy. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO CONFIRM THE MAYOR'S APPOINTMENT OF ROBERT J. AL- BERTS AS CITY ENGINEER. MOTION CARRIED. MAYOR Mayor Naughten stated interviews have been scheduled on January 14, 1986 at 6:30 p.m. and 6:45 p.m. for Judges Pro Tem. The Mayor reported that a request for a liquor license for the North China Restaurant is before the Council. He noted there has been no objection from the Police Department. Unless there is objection by the Council, he will recommend approval. No objection was stated. Mayor Naughten clarified there will be a thirty -minute presentation on final recommendation on the Snohomish County Transportation on the light rail system on January 14th. Mayor Naughten added the fire boat has been delivered, and a public christening ceremony will take place on January 26 at noon. COUNCIL Councilmember Hall inquired whether the Council Committee meetings will proceed in January as they did in 1985. Councilmember Kasper suggested the Committees remain as they are until appoint- ment in February. Councilmember Ostrom said it was good to be back and wished everyone a Happy New Year. Councilmember Nordquist noted that Student Representative Cindy Browne is from Woodway High School, where his children attended school. He made reference to a memo from Community Services Director Peter Hahn regarding the Water Quali- ty Task Force and requested it be placed on the agenda.. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO ASSIGN THE WATER QUALITY REVIEW TO THE COMMUNITY SERVICES COMMITTEE FOR JANUARY 28th, 1986. MOTION CARRIED. Councilmember Jaech requested Staff to provide information regarding how other jurisdictions proceed in requiring improvements when approving a subdivision or shortplat. She made reference to the City of Sequim's procedures. Planning Division Manager Mary Lou Block stated the City of Edmonds follows the same requirements. She added that tonight is Councilmember Nordquist's birthday. Councilmembers sung Happy Birthday to Councilmember Nordquist. The meeting adjourned at 8:32 p.m. S Cam' ACQ ELIDE G. PA RETT, City Clerk L RRY S. NAUGHTEN1, F ayor EDMONDS CITY COUNCIL MINUTES Page 4 JANUARY 7, 1986 �j December 25, 1985 The City Council Meeting was cancelled because of the Christmas Holiday. January 1, 1986 The City Council Meeting was cancelled because of the New Year's Day holiday. 1 4p. CQU LINE G. PARRETT, City Clerk LARRY S. NAUGHTEN, Mayor