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02/17/1987 City CouncilTHESE MINUTES SUBJECT TO MARCH 3, 1987 APPROVAL EDMONDS CITY COUNCIL MINUTES FEBRUARY 17, 1987 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 Larry Naughten, Mayor Jack Wilson, Council Pres. Steve Dwyer Laura Hall Jo -Anne Ja.ech Bill Kasper Lloyd Ostrom John Nordquist ABSENT STAFF Tony Russell, Mary Lou Block, Planning Div. Mgr. Stud. Rep. Peter Hahn, Comm. Svc. Director Jim Carnes, Parks & Rec. Mgr. Art Housler, Admin. Svc. Director Bobby Mills, Public Wks. Supt. Dan Prinz, Police Chief Jim Smith, Animal Control Officer Scott. Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Councilmember Dwyer entered .the room at 7:20 p.m. and did not vote on the C.ons.ent Agenda. Mayor Naughten called an Executive Session following the regular agenda to discuss a property matter. City Attorney Scott Snyder noted that an item was included in the Council packets, ADB-50-86, which did not appear on the Consent Agenda. He said in. talking with Staff, the. issue at Five Corners will not be scheduled before the Architectural Design Board until April so the urgency for the Council to deal with it was not immediate. Mr. Snyder said the Council may discuss the Findings of Fact & Conclus.ions of Law at the present time or place it on the March 3, 1987 Con- sent Agenda. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER JAECH, TO PLACE THE FINDINGS OF FACT FOR ADB-.50-8.6 ON THE MARCH 3, 1987 CONSENT AGENDA. MOTION CARRIED. CONSENT AGENDA Item .(B) was removed from the Consent Agenda. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEM- BER KASPER, TO APPROVE THE .BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (C) ACCEPTANCE OF QUIT CLAIM DEED FROM GORDON LIPPMAN, RONALD SALVINO, MELVIN J. STEINKE, D.IANE J. STEINKE, JAMES R. BRAUN, AND PATTIE C. BRAUN FOR STREET RIGHT-OF-WAY AT 22727 HIGHWAY 99 APPROVAL OF MINUTES OF FEBRUARY 10, 1987 [ITEM (B) ON THE CONSENT AGENDA] Councilmember Kasper noted the following corrections: page 3, paragraph 7, "Councilmember Kasper expressed concern that the parking stalls in front of the convenience store will interfere with incoming cars unless", not if, "the building is located farther east"; page 4, paragraph 2, Councilmember Kas.pe.r said he also stated that "the building could be moved to the east.line to gain some ground so that the western area would have more maneuverable area, and this would not be an impact on the people next door because it's being moved back for their benefit". Council President Wilson referred to a memo from Police Chief Dan Prinz as follows: "The follow- ing corrections should be made to the February 10 minutes: (corrections number 1 through 2 were omitted at the requ.est of Councilmember Hall because she. said the only corrections that should be included in the record should be the information that was contained in the tapes of the meeting); 3) page 8, paragraph 7, sentence 1: Co.uncilmember Kasper inquired if the Committee considered leasing a smaller vehicle; 4) page 8, paragraph 15, sentence 3: fie said even though they may not have high mileage, the vehicles do have a lot of engine hours". Councilmember Kasper said the memorandum provided an explanation of the cost difference between the purchase price of $13,025 and the final price of $18,325. Councilmember Hall said that some of the information in the memorandum wa.s not discussed at the February 10 meeting, and the difference between the costs was the only information that should be incl.uded.in the record. COUNCILMEMBER HALL MOVED, SECONDED BY CO.UN.CILMEMBER JAECH, TO APPROVE THE MINUTES AS CORRECTED WITH THE STIPULATION THAT ONLY THE INFORMATION CONTAINED IN THE TAPES OF THE MEETING BE INCLUDED IN THE CORRECTIONS. MOTION CARRIED. AUDIENCE Mayor Naughte:n opened the audience portion of .the meeting. Sarah Mack, Hillis, Cairncross, Clark & Martin, attorney representing Rainier National Bank, applicant for ADB-50-86, said she was p.leased that the Council deferred the decision on that issue in light of recent developments. She said serious concerns have arisen with respect to redesigning the site plan to conform to the Cou.ncil's decision: 1) the project will be delayed at least one and a half months, 2) the. Council's decision (changing .the building footprint, relocat- ing parking to the south end of the building, and eliminating the landscaping in the southeast corner of the property) necessitates changes in the site plan that she said she did not believe were anticipated by the Council. 'Ms. Mack said she was unsure whether the Council considered the impact that its decision would have in terms of the configuration of the site plan. She ex- pressed concern that the ADB may reject the revised site plan and the process will be further delayed. She requested that another hearing be scheduled before the Council to consider the revised site plan in comparison with the original site plan and that the council approve one of the two plans. Councilmember Kasper said it was his understanding that neither the Council nor the ADB have authority to revise the footprint of a building. He questioned the rationale, then, for remand- ing the issue to the ADB. Councilmember Kasper recommended that the issue be scheduled before the Council for reconsideration. Councilmember Ostrom commented that the Council's decision addressed the safety and location of the driveway and not the footprint of the building. Councilmember Hall said there was a possibility that the parcel may be subdivided, and for that reason the issue must be remanded to the ADB to allow the Board to review the comprehensive plan. Councilmember Kasper said the applicant may still appear before the ADB even if the Council recon- siders the issue in the next week or two. City Attorney Scott Snyder advised the Council, because reconsideration would be part of the Council's deliberation on its past motion, not to make a decision regarding reconsideration but, rather, set the issue for a Consent Agenda item in March. He noted that interested parties have a right to notice and be heard on the issue regardless of whether or not the Council desired to reconsider it. Councilmember Jaech clarified that the Council was deliberating whether it wished to reconsider the issue. She said it was her impression that many Councilmembers did not wish to circumvent established Code procedures. COUNCILMEMBER KASPER MOVED TO SCHEDULE A HEARING ON MARCH 3, 1987 TO RECONSIDER THE REVISED SITE PLAN. Councilmember. Ostrom raised a point of order. He said that that procedure did not seem proper to him. THE MOTION DIED FOR LACK OF A SECOND. EDMONDS CITY COUNCIL MINUTES Page 2 FEBRUARY 17, 1987 Will Smith, 732 Bell Street, said he appeared before the Council in the recent past with ques- tions regarding variances. He said he received an answer at that time but did not think that Mr. Snyder understood his .question, and he was before the Council at the present time to clarify his question. Mr. Smith inquired if it was appropriate to grant a variance to a nonconforming building. He referred to a book entitled "Washington Land use and Environmental Laws and Practice" and read the definition of a variance from that bookinto the record. He then referred to the chapter entitled "Regulation of Nonconforming Uses" which stated that because Washington enabling acts are silent on the regulation of nonconforming uses, local governments are free, within the broad limits of applicable enabling acts and the constitution, to make their own policy. Mr. Smith said as he understood the law, a nonconforming structure can be maintained and added to in an amount not to exceed 25% of the valuation of the property. He said he did not believe the Planning Board was utilizing the planning concept appropriately. Mr. Smith contended that any nonconforming building is regulated by the 25% valuation and no variance can be granted because variances are applicable only to land and not to structures. He said he believed the building at 315 Main Street should not have been granted a variance to. accomplish .the remodeling. Mr. Smith said the house behind his home applied for the same kind of variance and was granted the variance. He said he felt as though he was treated unfairly and that everyone should be evaluated by the same criteria. Mr. Snyder agreed that under Washington Law the City of Edmonds could have broader variance au- thority. The City's current authority with respect to lots. and structures, he said, is very narrow and is designed to eliminate nonconforming uses rather than perpetuate them. Mr. Snyder said he did not believe that the variance applied for by Mr. Smith could be granted, even though the provisions of the Comprehensive Plan specifically look to preserving older hous- ing. He said he had recommended to the Council that there were several provisions of the City ordinance that it may wish to reconsider or refer to the Planning Board for review. Mr. Snyder said the Council could broaden its authority if it desired. Mr. Smith inquired if, under State law, a variance was applicable to structures or oriented to- wards land use. Mr. Snyder said variances could be granted with respect to lot area, use, and structures, and all are subject to variance authority. The City's Code, he said, observes all three categories. Mr. Smith said he believed the criteria for those variances applied only to new structures and not to existing nonconforming structures. He inquired if his understanding was correct. Mr. Snyder said he believed so. He said the City has very narrow provisions, and the issue was a policy question for the Council to decide whether or not to broaden those provi- sions. Councilmember Kasper inquired about the basis for granting the variance for the structure on Main Street. Planning Division Manager Mary Lou Block said the variance was for the height of the existing structure. She said remodeling to .the downtown area can only be accomplished with a variance for height. Councilmember Kasper inquired about the difference between height variances and setback varianc- es. Mr. Snyder said variances that fall into 'the same category as Mr. Smith's nonconforming structure have been granted in the past without opposition or a lot of public interest, i.e., the Echelbarger condominiums. Mr. Smith questioned. the letter sent to him by Mr. Snyder. Mayor Naughten recommended that Mr. Smith provide the necessary information to Mr. Snyder who would, in turn, advise the Council with respect to further direction. Mr. Snyder said the issue was a policy matter for the Community Services Committee to consider as to whether to refer the issue to the Planning Board for review. Ms. Block said the Planning Board is currently reviewing the issue of nonconforming uses. Mayor Naughten requested that that information be provided to the Council as well as to Mr. Smith. Jeff Palmer, 17510 - 76th Ave. W., member of the Planning Board, said Edmonds must commit resourc- es necessary to implement the proposed Highway 99 Task Force because the City depends heavily on the vitality of its local businesses to help maintain City tax revenues. He said it was not so EDMO14DS CITY COUNCIL MINUTES Page 3 FEBRUARY 17, 1987 long ago that local businesses overlooked., the financial benefits of economic cooperation. Howev- er, thanks to community -supported programs, the community is reaping the harvest of a revital- ized downtown area. Mr. Palmer said the potential benefits of a thriving Highway 99 will be re- turned to the citizens many times over. He said the City cannot afford to sit idly while neigh- boring communities attempt to siphon off the City's local sales tax dollars. Chris Matt, 9211 - 216th, said after reading a.recent newspaper article regarding the secondary sewer treatment plant he felt there was a lack of input from residents who live or work.near the current site. Mr. Matt said he, as well as many residents, would prefer that the site is relocat- ed because of its pungent odor. fie requested the Council to give the issue its fullest considera- tion regarding site location. Gerald Kenyon, 8614 - 217thi said the recent ordinance amending .the animal licensing require- ments constitutes an ex post facto law. He read a passage from a book entitled, "The Com- plete Guide to Everyday Law" which defined ex post facto law as follows: . a law which makes an act retroactively a crime which is not a crime when the.act was performed". Mr. Kenyon said ex post facto laws are forbidden by the U.S. constitution. fie questioned the City's ability to amend the ordinance. Councilmember Hall suggested that if Mr. Kenyon listened to the discussion of Item N5 on the agenda (Review of Animal Licensing Ordinance), it may help answer his questions. Mr. Kenyon said he intended to. Mayor Naughten said the .Council would consider Mr. Kenyon's remarks in their discussion. Councilmember Ostrom said he did not believe the Council passed an ex post facto ordinance. Mr. Snyder said the question Mr. Kenyon raised was intially raised when the U.S. Congress enacted the first income tax law. He said tax laws are an exception, but the Council has the legislative authority to levy a new tax to increase the amount at any time. Jody O'Brien, 828 Birch St., said many discussion have taken place in neighborhoods regarding the new ordinance. She said citizens had initially assumed that animals with permanent tags would be exempt. She requested the Council to consider including a grandfather clause in the ordinance for permanent tags. Ms. O'Brien said her family has owned dogs for almost twenty-five years and has always licensed their animals in accordance with the law. Ms. O'Brien said she did not object to the $5 license fee for animals without permanent tags but did object to the licensing requirement for tags issued on a permanent basis and on good faith. She said the new ordinance would only encourage people not to license their animals. Bill McNamara, 8917 - 218th S.W., said his dog has been permanently licensed for over 7 years. He said he resented the accusation that he may use that license on another dog. Mr.. McNamara said he believed 90% of the citizenry obey the law, and the.remaining 10% probably do not license their animals. Rosemary Schuman, 9110 - 188th S.W., said she did not believe the Council has the authority to increase the cost of licensing, particularly with respect to permanent licenses that did not have a fee to begin with. She inquired what faith the citizenry could have in its City government if it takes away their given privileges. Mayor Naughten closed the audience portion of the meeting. PRESENTATION OF COMMUNITY SERVICES AWARD TO HUBBARD FOUNDATION Mayor Naughten stated that the City recognizes, by way of the Community Services Award, those individuals and organizations who have made a significant contribution to improving the quality of life in the community. Mayor Naughten said the Hubbard Foundation was established in 1982. It was Larry Hubbard's wish that the Hubbard Foundation be formed to provide support and benefit to the community of Edmonds. The City is aware of the generous contributions made by the Foundation to the Fire Rescue Boat and the Edmonds Municipal Cemetery. However, financial assistance has also been given to approximately 20 other agencies in the community, including Stevens Hospital, several area food banks, and various social service agencies and charities. EDMONDS CITY COUNCIL MINUTES Page 4 FEBRUARY 17, 1987 Mayor Naughten presented Ruth Sater, representing the Board of Trustees for the Hubbard Foun- dation, with the Community Service Award. Ms. Sater said the cemetery would not be as aestheti- cally appealing if it were not for the contributions made by the Hubbard Foundation. She thanked the Council, on behalf of the Foundation, for the award. REVIEW MEADOWDALE PLAYFIELD AGREEMENT Parks & Recreation Division Manager Jim Barnes noted that documents were provided in the Council packet, as requested, for further review of the Mead.owdale Complex Maintenance Agreement. fie said one of the items of concern was the degree of participation by the School District in maintenance funding. The original agreement calls for the District to reimburse the Cities for field preparation on an as -used basis. Scheduling of the facility will become heavier in the summer season. It is fully anticipated that the City of Edmonds and its residents will use at least half of the time available for the facility. Therefore, the first -year agreement provides that the Cities will split the costs evenly. Mr. Barnes said the facility will only be 30% operational by Spring of 1987. The cost to the City to maintain the facility will be $25,000 for -the first year. Mr. Barnes said several of the other facilities in the City were utilized inappropriately and so the agreement at Meadowdale was formulated to solve some of .those problems. One of the reasons that the Council approved the agreement was to attempt to provide the best possible facility for a family environment. Councilmember Wilson inquired about the estimated revenue for 1987 as well as the bookings. Mr. Barnes said estimated revenues will be approximately $3,000, noting that the facility will not be fully operational. Councilmember Wilson inquired if the revenue will be deducted from the City's cost of maintenance. Mr. Barnes replied affirmatively. He noted that regardless of who books the facility, each city will share equally in the revenue during the first year of the agreement. Mr. Barnes said the facility is utilized on the weekends for soccer use only because those fields are the only fields which are ready for use. However, requests are already being made for field N5, the softball field, for use next year. Mr. Barnes said the City has the right to renegotiate the terms of the agreement if it becomes inequitable. Councilmember Kasper asked how the School District would participate in replacement of the turf. Mr. Barnes said the only maintenance that the District is required to do is related to their activities on an as -used basis, i.e., lining and chalking of the fields. Councilmember Kasper noted that one of the objectives was to light the fields but no effort, to date, has been made. He inquired if funding would be available to light the fields. Mr. Barnes said funds will be available in the 1988 budget to light the two soccer fields and possibly the softball field. Councilmember Kasper inquired if lighting would be accomplished with the annual budgeted funding. Mr. Barnes replied affirmatively. He said it is questionable whether the last two ball diamonds will be built and lit. Councilmember Hall referred to page 4, Item E of the Agreement as follows: "The District will not pay field rental fees for its use of the facilities for educational purposes. The District will be assessed for field lighting costs and field preparation done.by the Cities' maintenance crews". She inquired about the definition of educational purposes. Mr. Barnes replied physical education classes. He said the District will utilize the soccer field for physical education during the day. However, if the District utilizes the facility for a student activity during evening hours, it will be considered a paying patron. Mr. Barnes suggested that the Council discuss what summer school will constitute and how it re- lates to the use of the facilities. Councilmember Kasper said he felt maintenance of the turf should also be discussed. He said the District could dominate the fields and cause excessive wear to the turf. Mr. Barnes concurred. EDMONDS CITY COUNCIL MINUTES Page 5 FEBRUARY 17, 1987 Councilmember Kasper noted that Mr.' Barnes had stated that the District has already booked the facilities. He. inquired how the City would receive 50% of the bookings if the field was unavail- able. Mr. Barnes said bookings are jointly being made. The City will still receive 50% of the revenue even though it may not make 50% of the bookings. He said the City is guaranteed half use of the facilities but may allocate that use to the other cities if use is not desired by the City. Councilmember Wilson inquired if the potential revenue when the facility is fully operational has been projected. Mr. Barnes said a report was formulated approximately a year ago by someone other than himself. He said he was not comfortable with the figures and would like to conduct an analysis himself. Mr. Barnes pointed out that use of the facility will differ between Lynnwood and Edmonds. He said Lynnwood's utilization will be more youth oriented whereas utilization by Edmonds will be more adult oriented. Mayor Naughten inquired if a.ny action by the Council was necessary. Mr. Barnes said a $25,000 expenditure was necessary, which was already budgeted, as well as authorization to sign the main- tenance agreement. Councilmember Jaech said the Council was concerned that the expenditures may exceed $25,000. She requested 1) that a cap be placed on expenditures of $25,0.00 for 1987, 2) additional funding, if necessary, be subject to Council review and approval. Councilmember Kasper.said he understood that the City of Lynnwood hired additional employees to maintain the facilities and that the City of Edmonds was funding half of that expenditure, even though that clause was not written into the agreement. Mr. Barnes said although two positions have been hired in the Parks Department of the City of Lynnwood and a percentage of those man hours will be utilized at the facilities, Lynnwood is well aware that Edmonds is not obligated to fund any part of those positions on an ongoing basis. COUNCILMEMBER NORDQ.UIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO AUTHORIZE THE MAYOR TO SIGN' APPENDIX B: 1987 OPERATION AND MAINTENANCE AGREEMENT. MOTION CARRIED. REVIEW OF ANIMAL LICENSING ORDINANCE Police Chief Dan Prinz reported that the ordinance .was passed on December 16, 1986. During the Council meeting of February 3, 1987, a member of the audience protested the fees. The Council voted to review the ordinance on February 17, 1987. Chief Prinz said in 1977, the City commenced issuing permanent dog licenses to neutered dogs at no cost. Non-neutered/non-spayed dogs were licensed annually for a $10 fee. Because the costs for animal control services and license issuance have risen and City records for permanent licenses are inaccurate, Staff proposed that all licenses be sold on an annual basis. The fee schedule is favorable to neutered/spayed animals. Chief Prinz referred to a memorandum dated September 9, 1986 from Jim Smith, Animal Control Offi- cer which stated that puppy licenses were issued for dogs over three months of age but less than six months of age. This was a temporary license, and there is no charge. Annual licenses were issued for non -neutered or non -spayed dogs over six months of age. Annual licenses were $10 per calendar year and went on sale November 15 of each year. A grace period from January 1 to March 1 had been granted, during which time .annual licenses could be purchased without a penalty. After March 1, a $10 penalty fee was assessed in addition to the $10 license fee. Permanent licenses were issued, at no cost, to neutered or spayed dogs and were valid during the life of the dog. The memorandum further stated that it appeared that the permanent licensing program was estab- lished in January of 1977. City records reflect that 6,477 permanent licenses have been issued since that time. This number represents approximately 9.0% of all the licensed dogs within the C ity. Attempts were made to contact owners of the first 100 permanently licensed pets and it was discovered that the information was only 20% accurate, at best, since dogs had died, owners had moved, etc. Chief Prinz said Mr. Smith recommended that the annual non -neutered or non -spayed dog license fee be increased from $10 to $18, and that the penalty fee be increased from $10 to $18. Since EDMONDS CITY COUNCIL MINUTES Page 6 FEBRUARY 17, 1987 the administration of records and the issuing of licenses and tags come with a cost not being shared by the permanent license holders, he also recommended that $5 be charged for that license for neutered or spayed dogs and a fee of $3 be char9ed to all senior citizens for the same li- cense. Chief Prinz said it was discovered that inequities occurred in the existing fee schedules. Approx- imately $2700 was received in 1986 in licensing fees. However, the cost to maintain the program is approximately $50,0.00 annually. Councilmember Ostrom inquired if the City incurred a cost for maintaining the records of steril- ized animals with a permanent license. Chief Prinz replied affirmatively. Councilmember Ostrom inquired if the proposed increase would cover the cost of the program. Chief Prinz replied nega- tively. He said approximately $12,000 to $15,000 would be raised from annual licensing. Councilmember Jaech noted that the costs to maintain the program continue to increase. She said a local veterinarian had recommended that inoculations for rabies be required. Mr. Smith said the original intent of the program was to provide an incentive. to pet .owners to spay or neuter their pets, but the program has expanded and additional revenue is necessary. Councilmember Hall said she did not think citizens objected to the fee amount per se but did object to the philosophy and policy of the City. She inquired if a grandfather clause with a grace period of one year for those holders of permanent licenses was foreseeable. Mr. Smith said. he was not prepared to answer that question. He did say problems had been encountered with the former ordinance because people do not feel compelled to license their pets when there is no fee. Councilmember Hall inquired if the plans of the department would be "upset" if the ordinance wa-s passed next year and .more rigidly enforced. Chief Prinz said he did not believe more rigid en- forcement would be necessary. fie expressed concern with phasing in of the fees next year because 526 licenses had already been issued in 1987. Councilmember Hall said the majority of the calls she received pertained to dogs. Councilmember Ostrom said he did not understand why citizens would complain about a $5 annual fee. He said the fee calculates to approximately $2 per citizen. He pays $6 a year for the program and does not own a pet. Councilmember Ostrom said he did not feel that a hardship would be imposed on pet owners if they are required to pay for some of the costs of the program. Councilmember Jaech asked for clarification of the previous question by Mr. Kenyon pertaining to the legality of the ordinance. City Attorney Scott Snyder said ex post facto provisions generally deal with acts that are made a crime by a law enacted after the date that the act oc- curs. He said the Council would be enacting a requirement at the present time that an individual obtain a license and if they do not comply, they would be in violation of the ordinance. He said the ordinance does not violate the constitutional provision. The City would be eliminating the former ordinance and enacting a new ordinance. He said in view of the opposition, he would be happy to review the issue. Councilmember Jaech said she owned several animals. She believed that pet owners should defray some of the costs of the program. She said because costs have increased and funding has been cut, the citizens must bear more of the costs. Councilmember Jaech did not believe $5 was an unreasonable fee. Councilmember Wilson noted, for the public's interest, that the Council spent many hours deliber- ating over the budget process and anguished over areas that were out of balance. He said the decision to amend the ordinance to resolve the inequity was not a capricious or arbitrary deci- sion. He added that he, also, owns a neutered dog that was licensed with a permanent license. An unidentified man in the audience wished to speak on the issue. Mayor Naughten said the issue was not a hearing and, therefore, was not open to public input unless the Council opened the discussion to a hearing. Mayor Naughten said that man had had an opportunity to give his input during the audience portion of the meeting. An unidentified woman in the audience reminded the Council that that man had taken the opportunity to speak during the audience portion of the meet- ing but had, at the suggestion of a Councilmember, refrained from further input because the Coun- cil's discussion on the issue may have provided information that he was seeking. EDMONDS CITY COUNCIL MINUTES Page 7 FEBRUARY 17, 1987 COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO OPEN THE DISCUSSION TO THE PUBLIC FOR TEN MINUTES BECAUSE THERE WAS CONFUSION DURING THE AUDIENCE PORTION OF THE MEETING THAT THE PUBLIC WOULD BE ALLOWED TO GIVE THEIR INPUT. MOTION CARRIED. Elenore Elster, 1016 Grandview, said she owns 'a spayed dog and did not have an objection to the $5 licensing fee. She said, however, if the permanent licenses are not grandfathered, what the City will lose in good public relations and good faith can never be made up by $5. George Lan.phear, 7928 196th Pl. S.W., said he was: irritated because he bought a dog for the children and obtained a permanent license for the dog. The children left home but the dog has stayed. He said if the City passes the new ordinance, he will remember it when the. City requests th-e cooperation from its citizens at a later date. Mr. Lanphear said he thought the new ordi- nance was a breach of contract. Rosemary Schuman, 9110 - 188th S.W.,. said an exte;nsio:n must be granted from the March 1st d.eadr line while th:e issue is pending. She said although the Council was attempting to modestly in- crease, the fees, as stated earlier by a Councilmember; no one can modestly renege on a promise or deal. Ms. Schuman said the new tags are easily differentiated from the old tags by color, shape, and serial number. She said a permanent tag would be easily identifiable if it were placed on a younger dog.. She said she did not feel that the cost to maintain the City's records was a con- cern of pet owners. An unidentified man in the audience said he thought it was convenient that the cost to maintain the program was raised but mention was never made regarding the revenue generated by fines. He said the logic of the Council that people who do not own pets should not bear some of the burden was ridiculous analogizing it to the. stance that some people take that they should not be as- sessed the school levy because they do not have children. Gerald Kenyon, 8614 - 217th, questioned how a permanent tag could be used on another animal when the description of the licensed clog was available in City records. Jenny Antilla, 710 - 7th Ave. S., said she owns a fourteen -year -old dog that has a perma- nent license. She felt that the issue was not the annual fee but, rather, the permanency of the license. She suggested that permanent licenses be grandfathered in and licenses issued subsequently be subject to annual fees. Bill O'Brien, 828 Birch St., said he entered into a contract with the City when he purchased a permanent license for his pet. He said he has not reneged on that agreement. Elva Erickson, 204th, said she did not object to the license fee but did object to eliminat- ing the permanent license. Mary Edin, 8610 - 204th S.W., said she felt one year's notice would be an appropriate amount of time to notify current holders of licenses of the amendment to the ordinance. Mayor Naughten closed the public portion. Councilmember Ostrom said he better understood the public's concern that they would be "double crossed" if the new ordinance was put into effect. He inquired if the City has ceased issuing permanent licenses. Councilmember Wilson replied affirmatively. Councilmember Ostrom inquired about the average life expectancy of a dog. He pointed out that the City would not lose a consid- erable amount of revenue if it grandfathered in permanent licenses and continued to issue renew- al licenses because outstanding permanent licenses would expire within a few years as the dogs died. Mr. Smith said the average life expectancy of the larger breed and working dog (retriev- ers, pointers) was 9 to 10 years, and the average life expectancy of the smaller breeds (poodles, schnauzers) was 10 to 12 years. Mr. Smith said there is currently no law in effect in the State of Washington which requires that dogs be inoculated with the rabies vaccine. He said other states, however, require that proof of inoculation be provided prior to the issuance of a license. Councilmember Ostrom inquired if a problem existed where people remove the license from their dead dog and use it for their new dog. Mr. Smith said a problem did not exist so long as the EDMONDS CITY COUNCIL MINUTES Page 8 1FEBRUARY 17, 1987. City discovered that that was happening, Councilmember Ostrom inquired what action would be taken if that was discovered to be the ease. Mr. Smith said a dog is impounded if it is appre- hended on a public right-of-way and :held for 72 hours to allow the owner to redeem it, but a valid lic.ense.must be purchased at that time. Councilmember Ostrom said he believed the solution to the problem would be to rigidly enforce licensing. COUNCILMEMBER NOROQUIST MOVED, SECONDED I3Y COUNCILMEMBER HALL, TO GRANDFATHER PERMANENT LICENSES ISSUED ON OR BEFORE DECEMBER 31, 1986 ON A PERMANENT BASIS. Councilmember Hall recommended that the City Attorney redraft the ordinance and insert the appro- priate language. Councilmember Nordq.uist concurred. Councilmember Hall inquired if the inten- tion of th.e motion was that the revised ordinance would become effective on March 1, 1987. Coun- cilmember Nordquis.t said that it.wo:uld be retroactively effective as of December 31, 1986. Mr. Snyder said he could insert a clause which stated that prosecution would not be made from March 1 to March 3 (when the ordinance amendment will be passed with an emergency clause to make it effective immediately). He inquired if new tags would be issued for lost or stolen permanent tags with a lesser fee for renewal or replacement. Councilmember Jaech recommended that evidence be required before a permanent tag is replaced. Councilmember Jaech noted that new application forms for the licenses have not been ordered and all of the applications say "permanent". Councilmember Ostrom said he felt a fee should be required for replacement tags. Mr. Smith said as of January 1987 approximately 600 annual licenses have been issued which expire on December 31, 1987. He said the portion of the license .application which said "permanent" has been crossed out and marked with the letter "A" for "annual". Councilmember Wilson said he, as well as Mr. Smith and Chief Prinz, were involved in analyzing the ordinance, but he said it did not occur to them when the recommendation was made that an agreement was being violated. He said the public changed his mind, which definitely demonstrated the democratic process. MOTION CARRIED. Mayor Naughten said the democratic process does, indeed, work. As illustrated, a public protest was made two weeks ago; the item was placed on the agenda for discussion; and an ordinance re- flecting the public's wishes will be enacted. Councilmember Kasper recommended that the issue of revenues be referred to the Administrative Services Committee. Councilmember Jaech recommended that a penalty be imposed on owners of dogs if the dogs are appre- hended when at large to help offset those people who do license and control their pets. Councilmember Ostrom inquired about the current fine for dogs at large. Mr. Smith said the first offense is fined at $38. COUNCIL DELIBERATION AND DECISION REGARDING HEARING ON PLANNING BOARD RECOMMENDATION FOR PRO- POSED AMENDMENTS TO EDMONDS COMMUNITY DEVELOPMENT CODE RELATING TO THE CONSTRUCTION OF RESIDEN- TIAL DOCKS AND PIERS (CDC-3-86/CITY OF EDMONDS) The Council expressed concern at the February 3, 1987 meeting with respect to maximum dock length and the relationship of docks to storm drainage outfall lines. The Planning Board recommendation has been modified to address those concern as follows: 1) limit the length of docks to either 35 feet or the average of docks within 300 feet; 2) require a 10 foot setback from side lot lines and storm drainage outfall lines. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER HALL, TO ADOPT THE PLANNING BOARD'S REVISED RECOMMENDATION AND DIRECT THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCE. Councilmember Nordquist inquired how the infringement of corner docks to adjacent property has been addressed. Planning Division Manager Mary Lou Block said because of the angulation of the lake and the restricted length of docks, infringement will not occur. EDMONDS CITY COUNCIL MINUTES Page 9 FEBRUARY 17, 1987, City Attorney Scott Snyder said he Would -refine the ordinance to include the language "the lesser of the average of 35 feet". MOTION CARRIED. DISCUSSION ON PROPOSED HIGHWAY 99 TASK FORCE Mayor Naughten said the City has identified Highway 99 as en area in the City in which to encour- age economic development. This entire plan and the implementation goals were adopted on 10/1/85 by Ordinance N2527. What is needed at the present time is implementation of those goals. As emphasized, the economic vitality and commercial future growth of the Highway 99 area will have a positive impact on the City's property and sales tax revenues. Mayor Naughten said once the Task Force is appointed, they will formalize an Economic Development Plan for implementation. Councilmember Ostrom said he was in favor of implementing the Highway 99 study. He said the formation of a Task Force was necessary, and the Council should reflect its support with funding at a level that the Council deems appropriate. Councilmember Hall inquired what the expenditure of $5,000 would provide. Mayor Naughten said the expenditure would be made as a good faith gesture, although the specifics have not been de- fined. He recommended that Reid Shockey & Associates be consulted subsequent to the implementa- tion of the Task Force to review with the plan with the Task Force. The Mayor said printed mate- rials may be necessary. Councilmember Wilson recommended that the marketability of Highway 99 be widely advertised. Councilmember Nordquist said discussion at one of the Council retreats centered around rezoning Highway 99 to encourage different types of businesses. Councilmember Hall noted that a study has already been conducted for Highway 99. She inquired if a Staff member should be directed to market Highway 99. Councilmember Ostrom said the purpose of the Task Force would be to address those issues. He supported the Mayor's recommendation. Councilmember Nordquist said there are people in the community who are familiar with the City and are in the business of marketing real estate. Councilmember Ostrom concurred. He said the Task Force should explore the activities of the marketplace, what. the City has to offer, and what the public desires. Mayor Naughten said the implementation of the Task Force will be a positive message to the commu- nity that the City has taken a position of encouraging economic development. Councilmember Kasper expressed concern that a large percentage of the comprehensive plan of the City was not developing as anticipated. He said there are inadequacies in depths which will create rezoning. He inquired to what extent the Council was willing to become involved. He recommended that a specific proposal be formulated. Councilmember Wilson inquired :about the composition of the Task Force. Mayor Naughten suggested that business people, real estate agents, and two or three Councilmembers initially form the Task Force. Councilmember Wilson inquired where funding would be derived from. Councilmember Hall recommended that the Task Force first be formulated and that recomm.endattons with respect to the above -mentioned i.ss.ue.s be made by it. The Council concurred. COUNCILMEMBER OSTROM MOVED, SECONDED BY C.OUNCILMEMBER HALL, TO FORMALLY ADOPT THE ECONOMIC DEVEL- OPMENT TASK FORCE. MOTION CARRIED. COUNCILMEMBER JAECH CLARIFIED THAT THE COUNCIL'S INTENT WAS TO ESTABLISH A TASK FORCE TO IMPLE- MENT THE HIGHWAY 99 STUDY AND NOT AN ECONOMIC DEVELOPMENT COUNCIL. COUNCI'LMEMBER OSTROM CON- CURRED. THE SECONDER AGREED. EDMONDS CITY COUNCIL MINUTES Page 10 FEBRUARY 17, 1987 MAYOR Mayor Na.ughten read a proclamation into the record which proclaimed February 20, 1987 as "People Against Substance Abuse Day". The People Against Substance Abuse committee was formed to involve as many people as possible to fight against substance abuse. Mayor Naughten noted that a liquor license request was pending approval for Bumbershoots, the former Crazy Lobster. He inquired if the Council objected to approval. No objection was noted. COUNCIL Council President Wilson said he took the liberty of hiring a Council Resource Person, Pat Lee. He said she was highly skilled and has experience in governmental procedures. Council President Wilson said reservations for the retreat have been made. Councilmember Ostrom said there is a permanent sign that has been erected by a real estate compa- ny on the corner of 1OOth and 224th. He inquired if that area was residentially zoned and if the sign was permitted. Planning Division Manager Mary Lou Block said that area is within the juris- diction of the County. Councilmember Jaech noted that a recent newspaper article reported that approximately 50% of the chicken that is sold to consumers is contaminated with salmonella. She inquired if that issue has been reviewed by the Health Board. Councilmember Jaech recommended that the issue of containing the costs for the parks and recrea- tional programs be discussed at a future Council work session or committee meeting to aid the Council in discussions during the budget process. Councilmember Jaech noted that the Mobil station located on the corner of SR 104 and Meridian h•a.s converted the structure to bays to work on cars. She said the cars are lined up next to the travel agency and have "for sale" signs on them. Councilmember Ostrom said Firdale Village has been posting their signs on City utility poles on 9th Avenue. Ms. Block said Staff has been removing those signs, and the builder has been contact- ed. Councilmember Hall said she has been in contact with the former Council Resource Persons, Barbara Parsloe and Sue Hillmon. Barbara is still happily employed, and Sue attends a knitting class in Edmonds. Councilmember Hall inquired if the issue regarding setbacks and rezoning with respect to the criteria .for variances is currently being reviewed by the Planning Board. City Attorney Scott Snyder said he believed the Planning Board has already reviewed the issue of setbacks, particular- ly with respect to rear lot lines. Ms. Block said nothing has been specifically reviewed other than the request that Councilmember Dwyer had with respect to the authority of the Architectural Design Board in relation .to footprints. Councilmember Jaech said the Council had requested the Planning Board to review setbacks o•n corner intersections for commercial uses. Community Servic- es Director Peter Hahn said the Planning Board is reviewing setbacks in relation to nonconforming uses. Councilmember Hall said the Ivar's Trust has offered to furnish fireworks to the City of Edmonds. The Council recessed to an Executive Session at 9:20 p.m. to discuss a property matter for 15 minutes and adjourned following the discussion. JAC UELINE G. PARRETT, City Clerk LARRY.S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 11 FEBRUARY 17, 1987