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07/15/1986 City CouncilTHESE MINUTES SUBJECT TO JULY 22, 1986 APPROVAL EDMONDS CITY COUNCIL MINUTES JULY 15, 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 ABSENT Larry Naughten, Mayor Nigel Euliny, John Nordquist Student Rep. Steve Dwyer Laura Hall Jo -Anne Jaech Bill Kasper Lloyd Ostrom Jack Wilson STAFF PRESENT Bob Alberts, City Engineer Peter Hahn, Comm. Svs. Dir. Bobby Mills, Pub. Wks. Supt. Jack Weinz, Fire Chief Dan Prinz, Police Chief Mary Lou Block, Planning Div. Mgr. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Mayor Naughten announced that the Hearing on Appeal of Hearing Examiner Decision to Deny Home Occupation Permit for Striping/Molding Business at 23604 - 76th P1. W. (Appellant: Hardan/CU-3- 86) has been withdrawn and taken off of the agenda. CONSENT AGENDA COUNCILMEMBER HALL MOVED TO ADD ITEM (J) 10 THE CONSENT AGENDA REGARDING CITY ATTORNEY SCOTT SNYDER'S MEMO ON SETTING A HEARING DATE FOR THE HANCHETT SUBDIVISION APPEAL. Mr. Snyder noted that Item (I) addressed that issue. He said the City has received the Hearing Examiner Decision which dealt only with the SEPA appeal and did not reach a decision on the subdivision. There is no need, he said, to set a hearing date for the subdivision. COUNCILMEMBER HALL WITHDREW THE MOTION. Councilmember Jaech inquired if Item (I), then, was no longer necessary. Mr. Snyder replied affirmatively. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ELIMI- NATE ITEM (I) FROM THE CONSENT AGENDA. Mr. Ostrom inquired if a hearing will be held on the SEPA report. Mr. Snyder replied affirmatively. MOTION CARRIED. Items (B), (C), (D), and (H) were removed from the Consent Agenda. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (E) REPORT ON BIDS OPENED JUNE 24, 1986 FOR ONE AIR COMPRESSOR AND AWARD OF BID TO FRAY EQUIPMENT ($13,096.90) (F) REPORT ON BIDS OPENED JULY 8, 1986 FOR 1986 CUSTODIAL PAPER PRODUCTS AND AWARD OF BID TO SERVICE PAPER COMPANY ($8,308.11) (G) REPORT ON BIDS OPENED JUNE 25, 1986 FOR MEADOWDALE BEACH ROAD AND 76TH W. CULVERT, AND AWARD OF CONTRACT TO LAKEVUE CONSTRUCTION, INC. ($147,650) APPROVAL OF MINUTES OF JULY 1, 1986 AND JULY 8, 1986 [ITEM (B) ON THE CONSENT AGENDA] Councilmember Hall noted a correction to the July 1, 1986 minutes under "Council" on page 12, paragraph 3, as follows: "Council President Hall said the AWC Resolution Committee denied Coun- cil's request to amend RCW 35A.12.090 via Edmonds City Council Resolution 1645. However, re- quests will be resubmitted". Councilmember Hall said she received a letter from Karen Utter requesting that the following corrections are made to the July 1, 1986 minutes as follows: page 7, last paragraph (Ms. Utter's testimony), "The van and bus arrived on the property, not relocated,. since the van had not been present on the property previously; page 8, paragraph 3, Mr. argent said. "The neighbors have given Mr. Pomeroy ample opportunity to remove the vehicles in the name of Gem Production"; page 9, paragraph 7, "Ms. Egdorf's statement was in response to statements by Mr. Pomeroy regarding his marriage two years ago which were not included in the minutes. The two year delay in change in the registration did not appear to be connected with the divorce". Councilmember Ostrom requested that the following be inserted into the same minutes: page 9, paragraph 3, Mr. Snyder: "Did you, at any time, submit a landscape plan to the City?" Mr. Pomeroy: "No." COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE JULY 1, 1986 MINUTES AS AMENDED. MOTION CARRIED. Councilmember Dwyer noted a correction to the July 8, 1986 minutes as follows: page 8, paragraph 11, "Councilmember Dwyer inquired if taxes would be lower, rather than lowered, in the unincorporated areas . COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE THE JULY 8, 1986 MIN- UTES AS AMENDED. MOTION CARRIED, WITH COUNCILMEMBER HALL ABSTAINING BECAUSE SHE WAS NOT IN ATTEN- DANCE AT THAT MEETING. ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW ON APPEAL OF HEARING EXAMINER DECISION REGARDING PROPOSED 96 UNIT ELDERLY HOUSING PROJECT AT 348 - 406 3rd AVE. S. LITEM C N HE CONSFNT ACFNnAl ACCEPTANCE OF RECOMMENDATION OF MEBT COMMITTEE THAT' COUNCIL TAKE NO ACTION REGARDING EMPLOYEES AYING MEDICARE TAX IF HIRED PRIOR TO APRIL 1, 1986 LITEM N THE CON5.ENIGE COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO PLACE ITEM (C) AND (D) ON THE AGENDA FOLLOWING THE HEARING ON BRACKETT'S LANDING TO DISCUSS THESE ITEMS AT LENGTH. Councilmember Hall inquired if she was permitted to vote on Item (C) since she had not participat- ed in the hearing. City Attorney Scott Snyder said she may vote on Item (C) as a procedural matter. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED, WITH COUNCILMEMBER DWYER, COUNCILMEMBER JAECH, AND COUNCILMEMBER OSTROM OPPOSED. Councilmember Hall raised a point of order. She noted that Councilmember Jaech requested that Item #6 (Hearing on Brackett's Landing Project) be moved to Item #4 on the agenda. Councilmember Jaech said she felt the Hearing on Brackett's Landing was an important issue, and she would like the public's input before they left the meeting. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCIL - MEMBER WILSON, TO MOVE ITEM #6 TO BE HEARD BEFORE ITEM #4. MOTION CARRIED. PROPOSED ORDINANCE 2572 LICENSING AND REGULATING TEEN DANCES [ITEM (H) ON THE CONSENT AGENDA Police Chief Dan Prinz reported that because of the problems encountered at the teen dance halls in the Seattle area, an organization from Renton called Parents in Arms has requested that area cities adopt teen dance ordinances. The proposed ordinance is very similar to surrounding cities with. the exception that the City's would close at 10 p.m. on school nights and 12 midnight on other nights. It also requires that a parent of a fifteen -year -old or younger come to the premis- es and sign a consent form for their children to attend the dances. Only those persons fourteen years of age to twenty years of age are allowed to enter or remain on the premises. The Public Safety Committee recommends approval of the ordinance. Councilmember Hall inquired if twenty -year -old people will be allowed admittance into the teen dances. Chief Prinz replied affirmatively. He said any person under the drinking age will be allowed. Councilmember Ostrom inquired why trafficking in drugs was omitted from the criminal acts under Section 4.44.050 A(2) (a) and (b)'of the ordinance. Chief Prinz said trafficking in drugs is categorized under felony crimes, Section b(i). Councilmember Ostrom inquired why trafficking in drugs was not specified as one of the reasons for denial since it is a severe problem. City Attorney Scott Snyder said there have been a series of cases involving drug use and possession as opposed to trafficking. He said unless the crime is directly related to the operation of a busi- ness, it would not be a constitutionally sufficient ground for denying a license. The felony charges include trafficking offenses but exclude possession in certain categories. Mr. Snyder said the ordinance has to be narrow in scope when applying a presumption that one should not have a license as opposed to a specific review of acts. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEM (H). MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 2 JULY 15, 1986 PRESENTATION OF COMMUNITY SERVICE AWARD TO PROFESSOR EDWARD GOLDEN Mayor Naughten noted that the City initiated community service awards several years ago which were given to individuals or organizations who made a. significant. contribution to the improvement of the quality of life in the community. Mayor Naughten said he contacted Edward Golden, professor of Marketing at Central Washington University, approximately a year ago to seek his help in a community survey which the City was conducting. Professor Golden and the Marketing Department volunteered forty hours of their time in formulating the document. Mayor Naughten said their efforts saved the City between. $2,000- 3,000. Mayor Naughten presented Professor Golden and the Department with the community services award. Professor Golden said he really welcomed the opportunity to participate in formulating the survey because the University places quite a bit of emphasis on public services, as well as teaching and research. He thanked the Council for the opportunity to serve the community. He said he learned a lot about Edmonds and was pleased with the information he received. AUDIENCE Mayor Naughten opened the audience portion of the meeting. Dorothy Williamson, 703 Main Street, asked for clarification regarding the Council's motion on Adoption of Findings of Fact & Conclusions of Law on Appeal of Hearing Examiner Decision Regard- ing Proposed 96 Unit Elderly Housing Project at 348 - 406 3rd Ave. S. [Item (C) on the Consent Agenda]. Councilmember Kasper said Item (C) was removed from the Consent Agenda because he want- ed to discuss the Findings of Fact in detail. Ms. Williamson inquired when the public hearing will be held. Mayor Naughten clarified that a public hearing is not scheduled. He said the Council removed the item for discussion rather than simply approving it on the Consent Agenda. Mayor Naughten closed the audience portion of the meeting. Councilmember Hall introduced the new Council Resource Assistant, Barbara Parsloe. HEARING ON BRACKETT'S LANDING PROJECT INCLUDING PROPOSED EXPANSION OF FERRY DOCK Community Services Director Peter Hahn reported that on June 16, 1986, Staff and consultants presented a status report on the Brackett's Landing project. Particular emphasis was given to the proposed agreement between the State and the City whereby the City would give up approximate- ly 19,000 sq. ft. of tidelands immediately north of the ferry terminal for future expansion of the facility in return for 40,000 sq. ft. of tidelands and $190,000 for the added costs of moving the jetty 150 ft. north. The Council supported the proposed agreement with the State, and added the Staff -proposed stipulations that the ferry terminal structure be noncommercial, uncovered, and that it provide adequate emergency evacuation facilities. The Council also requested that a public hearing be scheduled for July 15. Mr. Hahn said a public hearing with the Planning Board was held in July 1985, and the Board sup- ported the revised Brackett's Landing project. Mr. Hahn said that a Task Force was formed in the past to analyze the facility that the City owns north of the ferry terminal and to plan its improvement which involved, primarily, the jetty. It was decided that the jetty should be improved and enhanced to provide better environmental educa- tion as well as enhancement of the beach area. The City was awarded a State grant in 1984 to supplement the cost of the project. The City se- lected a design firm for the planning and design of the project. However, shortly thereafter, the City and State engaged in discussions whereby the City would provide WSDOT with a 40 ft. wide wedge consisting almost entirely of wetlands, and WSDOT would provide the City with a parcel of equal value and utility somewhere along the waterfront. Mr. Hahn said with the present dock size, Edmonds is one of the very few terminal facilities where loading is split between the dock and City streets. This cuts off the downtown from the waterfront and creates a perennial disruption 'to the normal traffic movements. There will be a EDMONDS CITY COUNCIL MINUTES Page 3 JULY 15, 1986 direct benefit to the City in a wider terminal: Having a full boatload on the dock will greatly reduce the disruption to normal City traffic between the downtown and the waterfront. He added that there will be no additional cost to the City to revise the project. Mr. Hahn referred to a diagram of the ferry terminal and jetty. Ile said added benefits to the. City will be the relocation of the jetty 150 ft. i.o the north. This will enhance the sand accre- tion and, in essence, create a more sandy beach. The terminal/park edge will become more usable beach by 60-70% instead of a hard edge with no. public usage. Mr. Hahn said he attended a citizens meeting, and the following suggestions were made: 1) secure additional parking since a portion of the holding lanes will be freed up; 2) pursue financial contributions for the project from the school district or neighboring cities since Brackett's Landing is a regional facility. Councilmember Jaech said she asked the State representatives when they made their presentation last month if the expansion of the pier would reduce the holding lanes which were adjacent to Alaska Publishing Company, and they replied negatively. Mr. Hahn said it was discussed at the citizen meeting to pursue the availability of one of the holding lanes for parking on specific days. Mayor Naughten informed the Council that he has:been negotiating for approximately one year with a private partnership for the swap of one acre of waterfront property. Negotiations will con- clude in approximately two weeks. Councilmember Kasper inquired about the frontage. Mr. Hahn said the frontage is 191.160 ft. Councilmember Kasper inquired if the 40 ft. wide wedge and 40 ft. rock fill are correct figures. Mr. Hahn submitted.a detailed drawing to Councilmember Kasper. Councilmember Kasper noted that the diagram depicts only a 5 foot walkway from the sheet piling to the top of the rock. He inquired how the dock will be expanded. Mr. Hahn said 5 ft. begins from the edge of the proposed expanded dock. Councilmember Kasper noted that the expansion in- cludes the rockery plus the new land underneath the dock. Mr. Hahn concurred. Councilmember Jaech inquired if the potential land swap with the partnership involves acquisition of the land by the State which will then give it to the City. Mayor Naughten said the State will acquire the land and give it to the City in return for the property north of the ferry terminal. Councilmember Jaech said it would seem more logical if the land was given directly to the City, and the State could search for other property. Mayor Naughten said the State cannot find any more property on the waterfront. Mr. Hahn added that other properties were looked at, but they failed to meet the IAC criteria. Mayor Naughten opened the public portion of the hearing. Frances Murphy, 5804 - 168th S.W., Lynnwood, said she is the Task Force Chairperson who developed the Ranger Program to protect the beach. The purpose of the program was twofold: 1) develop the beach into an attractive recreation site, 2) protect the beach. She said the Task Force developed the Ranger Program with Shoreline Community College. The rang- ers taught elementary students in a classroom setting how to protect wildlife and to respect it. They also held classes on the beach. Ms. Murphy said the Ranger Program is funded by three cit- ies. The rangers work on the beach the entire summer season. Ms. Murphy said citizens were always concerned that the collection of rocks which were thrown on the jetty made it unsafe for people who climbed on it because it was not anchored. The proposed ferry expansion will inadvertently resolve this situation as well as create an enhanced beach. She said the Ranger Program has been awarded the Environmental Protection Agency Presidential Environmental Youth Award. A ceremony will be held, and Congressman John Miller will read into the congressional record acknowledgment of the community service that the rangers have contribut- ed to South County. Bruce Higgins, 19055 Lago Pl., Seattle,. said the long—term plan of the State Ferry System is to provide two ferry terminals so two ferries will service the .Edmonds community in the future. Mr. Higgins said he presently dives where the second ferry is proposed, which is where the float- ing dry dock was sunk in the 30's. He requested that the City address with the .State in the immediate future the issue of a replacement entity for removal of one of the major EDMONDS CITY COUNCIL MINUTES Page 4 JULY 15, 1986 attractions in the underwater park which will be caused by the construction of the ferry termi- nal. He analogized the removal of the dry dock with a park without trees. Mr. Higgins said he commenced a sequence of events in 1983 to build a reef that extends from the extension of Bell Street to the north at the 15 foot minus tide level. He has placed objects at 100 foot increments from Caspers to Bell Street. He requested that the City help facilitate a 5- 10 year plan of improvement for this project. He said he started this project to protect skin divers from diving too close to the ferry dock. Councilmember Hall inquired if the second ferry referred to by Mr. Higgins will require a second terminal to the north. Mr. Higgins said fie spoke with Don Nutter, State Ferry System representa- tive, in June. Mr. Higgins said ferry traffic will increase in the future because there is a demand for ferry services. He said a second ferry terminal would eliminate ferry traffic conges- tion. The long-term plans of the ferry system, tie said, are to construct a second terminal. Mr. Hahn said the second slip would be.utilized for repairs and other special needs and not necessari- ly forferry services. Even with only one slip, the Ferry System could always add additional services, running more frequently, if they felt the, need to do so. He said allowing more cars on the ferry dock would alleviate the backup problems. Mr. Hahn added that the relocation of the jetty to the north will create an opportunity for less interference with street traffic. Councilmember Ostrom inquired where the second terminal would be located. Mr. Hahn indicated its location on the diagram. He noted that alternative f4 in the Council's packet also depicts its location. Councilmember Jaech said she did not understand how traffic problems will be alleviated because she understood the expansion of the terminal would allow 160 cars to be held on the pier itself., but Mr. Nutter indicated to her that the holding lanes will still be utilized in addition to the pier. Mr. Hahn said at the present time the traffic light is controlled by the ferry system, and street traffic must wait at a red light while 20-30 cars load onto the ferry. The proposed project will move the cars through normal cycling.. of lights. Councilmember Jaech noted that Edmonds is the fastest growing utilization ferry .system in the area. She said cars would not be able to move at a normal filtration flow if the pier is loaded to maximum capacity, and the street traffic will be backed up. Mr. Hahn said the vehicles which do not load onto the ferry on the first route could load at the normal sequencing on the next route. Councilmember Jaech re- quested that a clause to that effect be written into the contract between the City and the State. Mr. Hahn concurred. Rob Morrison, 250 Beach Place, said the clause which Councilmember Jaech requested be written into the contract is a good point. He said he felt the State would move cars in masses out of the holding lanes to the ferry terminal if this activity is not controlled. Mr. Morrison said Frances Murphy has done a'fantastic job, and the community should make every effort to support the Ranger Program. Victor Stanculesiu; 7302 - 9th N.W., Seattle, said he is a Beach Ranger. He said the Brackett's Landing improvements will be an asset to the community and will enhance the Ranger Program. Mayor Naughten noted that the jetty will be designed to allow skin divers ingress and egress from the end of the jetty so they do not have to swim to shore. Bruce Higgins, previ.o.usly identified, said he submitted a seventeen -page list of suggestions and revisions of the plans to Parks & Recreation Manager Steve Simpson and Landscape Designer Linda Sullivan. Mr. Higgins said the plans need to be more specific. For example, the parking configu- ration should be considered in a manner which would reflect the ideas of the citizens, i.e., facing the waterfront instead of the train track. Mayor Naughten closed the public portion of the hearing. Councilmember Hall noted that all Councilmembers received a letter from Natalie Shippen dated July 5, 1986 regarding the WSDOT waterfront request. Councilmember Ostrom said the letter indi- cated that Ms. Shippen objected to the project because of the undesirable effect of expanding the parking and because improved traffic circulation is questionable. Councilmember Hall read the letter into the record. EDMONDS CITY COUNCIL MINUTES Page 5 JULY 15, 1986 CONTINUED DELIBERATION ON CU-6-86 REGARDING PROPOSED 96 UNIT ELDERLY HOUSING PROJECT AT 348 - Councilmember Hall stepped down from the Council because she did not attend the meeting when this issue was originally discussed. Councilmember Jaech noted that the issue before the Council is the decision regarding the Condi- tional Use Permit for extended excavation. She inquired why only one permit was applied for for two different factors: 1) increased density and reduced parking, and 2) excavation of soil. City Attorney Scott Snyder noted that the discussion is limited to the record that was previous- ly established before the Council. Councilmember Jaech said the two factors are tied together since the Council rendered a decision denying the request for increased density and reduced parking. Therefore, the excavation for additional soil is a moot issue. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO DENY THE REQUEST FOR THE CONDITIONAL USE PERMIT FOR EXCAVATION. Councilmember Kasper said the permit to excavate is connected with the construction of an elderly housing project and is not determined by the number of parking stalls proposed. He said the excavation is not a moot issue because the project can be designed as an ordinary apartment house. Councilmember Jaech said the Conditional Use Permit for excavation is putting the cart before the horse because the developer is first proposing to excavate soil and then design the project around the excavation. The proposal which was .presented to the Council,, and subsequently the Hearing Examiner, was for a 96 unit project. The developer then revised the plans and has not submitted a site plan for the revised project. Councilmember Kasper said he did not have an opportunity to speak at the last hearing. He said he felt the motion was not complete and not in order. He said the developer is not required to appear before the Council to construct an apartment house, only for the removal of soil. The developer only has to appear before the Council to be granted elderly exemptions. Councilmember Ostrom noted when the Council denied the project in accordance with Section 20.25 of the Edmonds Community Development Code, it, in essence, rendered the Conditional Use Permit as a moot issue. He said the permit should not be granted to excavate 38,000 cubic yards of earth because excavation is connected to the size and configuration of a building, and the site plans have not been submitted. Councilmember Kasper said a typical apartment in Edmonds occupies 1,200-2,000 sq. ft. and double parking requirements. The proposed project designed the units from 650-900 sq. ft. He submitted that the traffic and use is no different. lie said it is not the prerogative of the Council to determine whether or not a permit should be granted for excavation if a building can be construct- ed at 48 and 96 parking stalls. Councilmember Ostrom said a permit is typically applied for which is connected to a specific project. However, he said, there is no project before the Council at the present time. Councilmember Dwyer said the issue is not moot because there is an application before the Coun- cil. He said until the Council's decision becomes final and it adopts the Findings of Fact and the Court approves it or the time to appeal to the Court expires, the applicants retain the abili- ty of having a Court overturn the Council's action. Councilmember Dwyer said the applicants are entitled to a decision on the merits of the Conditional Use Permit application. Councilmember Ostrom recommended that the Council should, then, consider the Conditional Use Permit in accordance with the criteria. Councilmember Kasper raised a point of order because a motion was on the floor. He requested the City Attorney to make a ruling. Mr. Snyder said it is within the Mayor's discretion to allow or disallow Councilmember Ostrom to proceed or to call for a vote on the motion. COUNCILMEMBER JAECH WITHDREW THE MOTION. THE SECONDER AGREED. Councilmember Ostrom reviewed the criteria as follows: In order for a Conditional Use Permit to be granted within the City of Edmonds, the criteria, as set forth in Section 20.05.010 of the ECDC, must be satisfied. These criteria include: a) the proposed use must be consistent with EDMONDS CITY COUNCIL MINUTES Page 6 JULY 15, 1986 _.A . the Comprehensive Plan of the City of Edmonds; b) the proposed use, in its location, must be consistent with the purpose of the zoning ordinance in which the property is located; c) the proposed use must not be significantly detrimental to the public health, safety or welfare, nor injurious to nearby private properties or improvements; d) the Hearing Examiner shall determine whether the Conditional Use Permit shall run with the land or shall be personal. Councilmember Ostrom said there was testimony at the hearing that there would be enough of a disturbance .to the neighborhood during construction that it would be .detrimental to the public health, safety and welfare. Councilmember Wilson inquired if .Councilmember Ostrom would have the same viewpoint if the project was an apartment house. Councilmember Ostrom replied affirmatively. Councilmember Dwyer inquired about the definition of Section 20.05.010 (A) and (B) and how it applied in this particular case. Mr. Snyder said (A) relates to conforming to the Comprehensive Plan, i.e., City policies and goals relating to marshes and wetlands, and preserving views. The second criteria is conforming with the zoning ordinance which deals with the substantive provi- sions of Chapter 16: height, setbacks, etc. Councilmember Dwyer said in criterion (8) the use of the proposed project is not a permissible one. He inquired if that affected the eligibility for excavation for the proposed use or if it is an irrelevant criterion. Mr. Snyder said the pro- posed use in its location must be consistent with the purposes of the zoning ordinance and zoned district in which the use is to be located. Councilmember Dwyer noted that the actual proposed use is a relevant consideration. Mr. Snyder concurred. Councilmember Dwyer said he felt uncom- fortable making factual findings regarding the number of truckloads of dirt, etc. because there was not a full discussion of those issues. He said based only on a finding that criterion (B) was not met because the proposed use was not,an eligible use consistent with Chapter 16, Fie would vote in favor of denying the permit. Councilmember Jaech said all four criteria of Section 20.05.010 must be met to grant a Condition- al Use Permit. She said the use that was originally presented has been revised and because re- vised site plans have not been submitted, a proposed use is not before the Council at this time. She added that the project would dramatically increase the parking and traffic in the immediate area and would be detrimental to nearby properties or improvements. Councilmember Dwyer said he intended to make a motion to deny the Conditional Use Permit solely because Section 20.05.010 (B) was not met. if review were to be sought in a Court on the major issue regarding density and eligibility for the density and parking bonus and the Council was found to be in error, it would also be in error in denying the permit.. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO DENY THE APPLICATION FOR A CONDI- TIONAL USE PERMIT FOR EXCAVATION BASED ON THE FACT THAT SECTION 20.05.010 (B) OF THE ECDC HAS NOT BEEN MET. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED, WITH COUNCILMEMBER KASPER AND COUNCILMEM- BER WILSON OPPOSED. Mayor Naughten recognized Port Commissioner Roger Stubbs in the audience. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW ON APPEAL OF HEARING EXAMINER DECISION Councilmember Nordquist requested Councilmember Kasper to clarify his intent in discussing this issue. Councilmember Kasper said he would like to challenge the Facts & Findings and have his comments inserted into the record because he did not have the opportunity to do so at the previ- ous meeting. Councilmember Nordquist said the discussion would not change the Findings of Fact. Councilmember Kasper said the Council does not know that the Findings of Fact were found correctly. The Find- ings, he said, were written by the City Attorney based on what he heard in the minutes. Councilmember Wilson concurred. He said he would vote against the Findings of Fact. He said Councilmember Kasper was referring to Findings and Decision 3.23, "Additional, significant traf- fic will be generated by this facility over and above that normally associated with a multi -fami- ly residential development". Councilmember Wilson said that clearly delves into an area that EDMONDS CITY COUNCIL MINUTES Page 7 JULY 15, 1986 is not factual and little understood and probably not even true. He added that the project was a S project that the City needed, the senior citizens in the community could have utilized, and a project the City could have been proud of. He said the City may wind up with a project that it may not be so proud of. Councilmember Ostrom said he felt the Findings of Fact & Conclusions of Law were well written, relevant and pertinent, and addressed the issues in the Council's decision. Councilmember Ostrom said Councilmember Kasper's comment that the project was necessary because it cannot be economically constructed any other way disturbed him. The Council, he said, when sitting as a quasi-judicial body, must interpret what the Code dictates and not render a decision based on whether or not the project will be a nice project for the community. He said it has been adequately determined in the Findings of Fact & Conclusions of Law that the project failed. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ADOPT THE FINDINGS OF FACT & CONCLUSIONS OF LAW ON APPEAL OF THE HEARING EXAMINER DECISION REGARDING THE PROPOSED 96 UNI1 ELDERLY HOUSING UNIT AT 348 - 406 3RD AVE. S. Councilmember Kasper said the Council is denying the choice of anyone other than low_income se- nior citizens to reside in equal facilities of similar size and decreased parking. Councilmember Dwyer said the decision does not preclude the construction of units of 600-900 sq. ft. but only precludes the construction of 96 units of that size. He said in that regard, there is no question in his mind that allowing bonus for building elderly retirement units was intended to encourage low-income housing units which would be smaller and, therefore, command a lesser price. MOTION CARRIED, WITH COUNCILMEMBER K.ASPER AND COUNCILMEMBER WILSON OPPOSED, Mr. Snyder noted that the Findings of Fact reserved a section for the Council's decision regard- ing the Conditional Use Permit. He said he has drafted the language and requests the Council's consideration. If the Council approved, he requested authorization for the inclusion of the language into the decision and authorize signature of the decision by the Mayor. He read the language into the record. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, '1-0 AUTHORIZE THE INCLUSION OF THE LANGUAGE WRITTEN BY THE CITY ATTORNEY INTO THE DECISION AND AUTHORIZE SIGNATURE OF THE DECISION BY THE MAYOR. MOTION CARRIED, WITH COUNCILMEMBER KASPER AND COUNCILMEMBER WILSON OPPOSED. ACCEPTANCE OF RECOMMENDATION OF MEBT COMMITTEE THAT COUNCIL TAKE NO ACTION REGARDING EMPLOYEES PAYING MEDICARE TAX IF HIRED PRIOR TO APRIL 1, 1986 LITEM D ON THE CONSENT AGENDAJ Councilmember Kasper said he questioned whether the Council .should allow employees to forfeit Medicare benefits without declining them first. He said based on conversations with Personnel Manager Pat LeMay and MEBT representative Sorensen, only the Council can make that decision. He said it appears to 'him that employees hired after April 1, 1986 would have greater vesting rights than employees hired before that date. City Attorney Scott Snyder said in the amendments that the Council approved, a 7.15% deduction will be taken from all employees paychecks. In the case of employees who will not contribute to Medicare, the entire 7.15% will go into the MEBT Plan. Employees who will be subject to contributions for Medicare mandatorily will have 7.15% deducted, but 1.45% will go into Medicare rather than MEBT. Mr. Snyder said vesting would be on the same schedule, but some employees will have lower MEBT benefits since they are contributing less. Councilmember Wilson clarified that Councilmember Kasper wanted to insure that all employees were adequately informed of giving up their rights to participate in Medicare. Councilmember Kasper, said he was concerned, even though an advisory ballot was circulated, that even two or three employees may not be informed. He had requested "last week that the Personnel Manager advise the Council in that regard. Personnel Manager Pat LeMay had provided a memorandum this evening explaining the manner of explaining this to the employees and that some employees had asked if the Medicare tax could be imposed on an individual basis, but the MEBT attorney advised that the law did not allow it. The employee vote was not necessary but recommended by the MEBT attorney since employees would be paying for participation in Medicare. The MEBT Commit- tee can and did recommend on the basis of the employee vote that the City take no action. The City attorney advised that it was up to the Council to decide that the City take no action result- ing in such employees not paying the Medicare tax. EDMONDS CITY COUNCIL MINUTES Page 8 JULY 15, 1986 Mr. Snyder said all employees are required- to contribute or none. Individuals are not permitted to make that choice. COUNCILMEMBER KASPER MOVED THAT EMPLOYEES WHO -WERE HIRED PRIOR TO APRIL 1, 1986 ARE REQUIRED TO PAY.1.45% of 7.15% TO MEDICARE. THE MOTION DIED 'FOR LACK OF A SECOND. Councilmember Nordquist requested that the record reflect that a poll was taken of the employees. Councilmember Hall inquired if a motion was necessary. Mr. Snyder said the existing plan and the waiver under Social Security do not require employees, prior to April 1, 1986, to contribute. Unless the Council took affirmative action to amend the plan; he said a motion is not required. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER', HALL,, TO REMAIN MOTIONLESS. Mayor Naughten ruled the motion out. of order as.it was superfluous. COUNCIL Council President Hall noted that she circulated a memo on July 2 regarding the Personnel Manager position. She inquired if the Council wanted the job requirements to remain as they presently are written. Councilmember Nordquist said labor negotiations should be included, and he wished to discuss this issue with the Mayor. Councilmember Wilson said under no circumstances should the job be downgraded. He felt that employees should.be comfortable in discussing their problems with the next Manager. Mayor Naughten noted that .once the candidate is selected, the Council must confirm the appointment. Councilmember Jaech noted that the Council wanted to analyze the position before it was advertised and filled so it would reflect the Council's preferences. She recommended that this subject be discussed at a work. meeting. Council President Hall scheduled the discussion on July 29 at the Dinner Work Meeting at Anthony's. Councilmember Dwyer said fie would like to discuss at a future date which jobs should be subject to Council confirmation. He did not feel the Council. should confirm other than the major manage- ment positions.. Councilmember Kasper inquired if another employee has submitted his resignation. Mayor Naughten said Parks & Recreation Manager Steve Simpson has. _ Councilmember Kasper said the Council should not be required to review every major .job .vacancy. Councilmember Nordquist said he would like the job description and educational, requirements for`the Personnel Manager submitted to the Coun- cil at the work meeting. Council President Hall noted that there are some corrections- and additions she wanted to make to the Staff meeting minutes. She said as Council President she does not conduct. the meeting, but did conduct the meeting as Mayor Pro Tem. She said the minutes do not reflect that she requested that Community Services Director Peter Hahn, Mayor Naughten, Kirby White, Ruth Sater, Bobby Mills, and Glen Grace meet to discuss the Veteran' s.Memorial. A meeting of lesser stature has taken place but not the one she requested. Mr. Hahn said Mayor Naughten and Ruth Sater attend- ed the meeting. Council President Hall requested that the meeting with the other people in atten- dance take place. Council President Hall noted that Don Jackson from. the Police Department recently suffered a heart attack and is recuperating at home. She said'she expressed, on behalf of the Council, at the Staff meeting its love and prayers. Mr. Jackson delivers the Council packets. She would like.these comments to be reflected in the minutes. Council President Hall said she received a telephone tall from a citizen informing her that the Parks & Recreation Manager position was published in the newspaper over the weekend. She said it would have been appropriate if the Council and Mayor Pro Tem had been notified first that Steve Simpson resigned from this position. She said she would hope, in the future, that the Council is notified of a resignation so the Council can express Jts preferences regarding the job qualifica- tions of that position. Council President Hall inquired if JoAnn Stevens could be scheduled :to appear at the Council Committee Meeting on August 26th. Councilmember Ostrom clarified that the subject of creating another City position regarding tourism was referred to the Community Services Committee, and Ms. Stevens was welcome to attend the meeting if she wanted to. Councilmember Kasper announced that he has been appointed to the North Corridor Extension Commit- tee by Community Transit and will' not be representing the City of Edmonds:< The Mayor had re- EDMONDS CITY COUNCIL MINUTES Page 9 JULY 15, 1986 signed from this committee. Councilmember Kasper said Lois Anderson has requested that the City appoint a member to the committee. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPOINT COUNCILMEMBER NORDQUIST TO THE NORTH CORRIDOR EXTENSION COMMITTEE. MOTION CARRIED. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO EXCUSE COUNCILMEMBER HALL'S ABSENCE FROM THE JULY 8, 1986 COUNCIL MEETING. MOTION CARRIED. Councilmember Kasper said he would like to discuss the makeup and construction of the MEBT Board. He inquired if this subject should be discussed during the Executive'Session. City Attor- ney Scott Snyder said the Council approved the MEBT by-laws, which is a matter of public record. He said there may be one or two issues that might bear on some threatened or anticipated litiga- tion but he would intervene the discussion at that point. He suggested that the Council com- mence the discussion during the Council meeting. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER DWYER, TO REQUEST THE COUNCIL PRESIDENT TO PLACE AN MEBT BOARD DISCUSSION ON A FUTURE AGENDA. MOTION.CARRIED. The meeting recessed to Executive Session at 9:25 p.m. to discuss a legal matter for approximate- ly thirty minutes. JACQUELINE G. PARRETT, City Clerk i L RRY S. 11AUGHTEN, I yo 1 EDMONDS CITY COUNCIL MINUTES Page 10 JULY 15, 1986