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06/19/1990 City CouncilTHESE MINUTES SUBJECT TO JUNE 26, 1990 APPROVAL EDMONDS CITY COUNCIL MINUTES JUNE 19, 1990 The regular meeting of the Edmonds City Council was called to order at 8:00 p.m. by Mayor Larry Naughten at the Library Plaza Room, 650 Main St., Edmonds following a dinner with State legisla- tors and Town of Woodway officials. All present joined in the flag salute. PRESENT Larry Naughten, Mayor John Nordquist, Council President Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember 44illiam Kasper, Councilmember Jeff Palmer, Councilmember Jack Wilson, Councilmember STAFF Bob Alberts, City Engineer Duane Bowman, Asst. City Planner Bobby Mills, Public Works Supt. Linda McCrystal, Arts Coordinator Arvilla Ohlde, Parks & Rec. Manager Dan Prinz, Police Chief Jack Weinz, Fire Chief Peter Hahn, Comm. Svc. Director Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Mayor Naughten announced that the Council would recess to an executive session following the regular agenda to discuss a legal matter., b�PRESENTATION OF CENTENNIAL MURAL BY COLLEGE PLACE ELEMENTARY SECOND GRADE STUDENTS Mayor Naughten noted that the students in Ms. Susan Fritt's second grade class have sh 9 pent to year researching Edmonds' history as part of their social studies unit. They visited the museum, talked to pioneer community members and mapped the downtown area in a three-dimensional mural of historic Edmonds. Ms. Fritt introduced Steve Bodner, Principal of College Place Elementary School, and her second and third grade students. The children explained some of the features on the mural and gave a brief historical presentation of Edmonds. They said they were excited to help celebrate the Edmonds' Centennial, and the mural was one way to help people learn more about Edmonds' first one hundred years. Barbara Kindness, Edmonds Chamber of Commerce, gave each of the children a Centennial calendar and Centennial stickers. Ms. Fritt introduced Bob Jones, the coordinator for Fox Fire, noting that the children wrote to Mr. Jones and subsequently received a grant to fund some of the materials for the mural. CONSENT AGENDA Items (B), (D), (I), and (0) were removed from the Consent Agenda. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO DISCUSS THOSE ITEMS AT THE END OF THE AGENDA AND TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: ROLL CALL ADOPTED ORDINANCE 2777 AMENDING CITY CODE TO ESTABLISH WATER AND SEWER RATE REDUCTIONS FOR LOW INCOME SENIOR CITIZENS AND LOW INCOME DISABLED CITIZENS ADOPTED RESOLUTION 700 ADOPTING SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM APPROVAL OF TEMPORARY CONCESSION AGREEMENT WITH BOY SCOUT TROOP 301 FOR FOURTH OF JULY CHICKEN-Q AUTHORIZATION TO CALL FOR BIDS TO CONSTRUCT PAVED PARKING IMPROVEMENTS AT SIERRA PARK AND PINE ST. PARK ACCEPTANCE OF QUIT CLAIM DEED FROM FRANK & MARION L. BONIPART FOR 10 FOOT RIGHT-OF-WAY ADJACENT TO 15929 -75TH PL. W. ADOPTED ORDINANCE 2778 AMENDING CITY CODE REGARDING POSSESSION OF SUSPENDED DRIVER'S LICENSE �(K) ADOPTED ORDINANCE 2779 AMENDING CITY CODE REGARDING DISPOSITION OF REPORTED STOLEN PROPERTY HELD BY PAWNBROKERS pL (L) ADOPTED ORDINANCE 2780 REVISING LIMITED PARKING RESTRICTIONS ON SOUTH SIDE OF BELL 7' ST., BETWEEN 5TH AVE. N. AND 6TH AVE. N. . (M) AUTHORIZATION TO RETAIN JACK WHITELEY TO CONDUCT SEISMIC STUDY OF FIRE STATION II (NOT TO EXCEED $2,000) ' (N) FORMAL APPROVAL OF ITEMS APPROVED AT JUNE 12, 1990 ADMINISTRATIVE SERVICES COMMITTEE MEETING (DISCUSSION ON BEING LESS RESTRICTIVE IN ORDER FOR LOW INCOME CITIZENS TO QUALIFY FOR A WATER UTILITY RATE REDUCTION; REVIEW LETTER FROM DAIN BOSWORTH, INC. TO CONSIDER REFUNDING 1980 GO.0. BONDS; REVIEW WARRANTS, PETTY CASH AND CREDIT CARD EXPENDITURES FOR THE MONTH OF MAY 1990) .2e►'i'v (P) ADOPTED ORDINANCE 2781 INCORPORATING FUNCTIONAL PLANS INTO THE COMPREHENSIVE PLAN �(Q) ,000TO WRITTEN QUOTES OR PARTICIPATE IN AUCTION TO PURCHASE A USED FORKL(R) AUTHORIZATION TOGT.V.SEWER LINE ADJACENT TO SEAVIEW PARK BASED UPON COMMUNITY SERVICES COMMITTEE AUDIENCE Mayor Naughten opened the audience portion' of the meeting. Kevin McLaughlin, Area Director for the Boys & Girls Club, 310 - 6th Ave. N., said the organiza- tion is in support of the City applying for a grant to purchase the Civic Center Playfield (item #7 on the agenda). Mayor Naughten closed the audience portion of the meeting. SECOND HEARING ON PLANNING BOARD RECOMMENDATION ON PROPOSED AMENDMENT TO COMMUNITY DEVELOPMENT CODE REGARDINGD - Assistant City Planner Duane Bowman reported that the City Council held a public hearing on April 17, 1990 on the Planning Board's recommendation for proposed amendments to the Edmonds Community Development Code (ECDC) revising regulations governing fences and hedges. The Council voted to approve the proposed amendments concerning fences but requested a second hearing on the proposed amendments regarding hedges. Mr. Bowman said much of the concern regarding hedges stemmed from the proposed definition. As a result of that concern, he said Staff has made some changes in the hedge definition. c Mr. Bowman noted that the Planning Board recommendation, the minutes from the April 17 Council meeting, and a revised definition were included in the Council packets. Mr. Bowman said it is the recommendation of Staff to adopt the proposed amendment and direct the City Attorney to prepare the necessary ordinance. Mr. Bowman said the City has had an ordinance in effect since 1956 regulating the height of hedg- es at 6 feet. He reviewed the proposed revisions of the definition of hedges as follows: Chap- ter 17.30.000(B) - General Height Restriction - The height of hedges may not be, more than six feet unless a conditional use permit is obtained. Height shall be measured from the lowest fin- ished grade at all points along the hedge. Regardless of the species of hedge planting, a six foot height shall be maintained by appropriate pruning. A hedge planted at the base of down slope of a retaining wall or rockery may exceed six feet without a conditional use permit, provided the maximum height is maintained at not more than four feet above the top of the retaining wall or rockery. Chapter 21.40.020 - Hedge - Hedge means a closely spaced planting of shrubs or trees in an extend- ed row or rows which provide a border or screen, acting as a living fence. This definition in- cludes any intentional planting of trees or shrubs spaced sufficiently close together to cause extensive intermingling of branches which creates a sight barrier both horizontally and vertical- ly. This definition excludes existing natural woodlands, park lands, and wildlife habitats. Councilmember Hertrich inquired to what degree the branches of a tree or hedge must be intermin- gled to constitute a sight barrier. Mr. Bowman said that issue will be determined by Staff. He EDMONDS CITY COUNCIL MINUTES Page 2 JUNE 19, 1990 illustrated what he believed would constitute a sight barrier by the intermingling of tree branch- es. Councilmember Hertrich inquired how the words "horizontal" and "vertical" will be interpret- ed. Mr. Bowman said "horizontal" and "vertical" mean the growth pattern of a tree or hedge. Because Councilmember Hertrich thought those words were confusing, City Attorney Scott Snyder suggested that they be omitted from the definition. Councilmember Dwyer inquired if the proposed amendments include trees that are approximately 35 feet in height that will allow a neighbor to see through the trees at ground level because the branches do not grow for 4 to 5 feet from the base of the tree but would obstruct a neighbor's view if he/she were standing on a deck. Mr. Snyder said the intent of the amendments are to include those types of trees. Councilmember Wilson inquired how enforcement of the proposed amendments will be accomplished. Mr. Bowman said violations will be handled on a case -by -case basis. He pointed out that there is a procedure to allow a hedge to exceed the six foot height limitation through the conditional use process. Councilmember Wilson inquired if plantings that existed previous to adoption of the proposed amendments, if adopted, will be grandfathered. Mr. Snyder said a row of tall trees that -obstruct a neighbor's view will not fall within the definition of "low shrubs" and would be in violation of the proposed amendments but existing tall screen hedges would be grandfathered with the proviso that they were six feet or less in height at the date the proposed amendments were adopted. Councilmember Palmer inquired how the section of the proposed amendments regarding "intentional planting, extensive intermingling, and wildlife habitat" will be interpreted. Mr. Bowman said those issues will be judgment calls. Councilmember Palmer inquired how many hedge complaints have been heard by the Hearing Examiner in the last ten years. Mr. Bowman replied two in the recent past, and he noted that Staff has resolved two complaints. Mr. Snyder suggested that the Council consider adding the words "greenbelt or designated areas" to help clarify natural growth easements. Councilmember Palmer inquired if any tree or hedge that was planted before the definition is broadened will be grandfathered. Mr. Snyder said the only expansion to the regulations governing hedges is the deletion of the word "low". He said the remaining amendments are limitations rath- er than expansions. Mayor Naughten opened the public portion of the hearing. Bruce Stubbs, 8939 - 179th P1. S.W., spoke in support of the proposed amendments. He said there is a row of evergreen trees in his view corridor that were planted for privacy within the last few years that partially block his view, but they will completely obstruct his view in the near future. Mr. Stubbs thought privacy could be achieved with lower growing plants. Peter Beck, 718 Spruce St., inquired what constitutes a row of trees and from what viewpoint would a row of trees create a sight barrier. Ann McGee, 809 Hemlock way, was opposed `to the six foot height *limitation. She said a six foot hedge or tree will not provide an adequate buffer to someone living downhill from another person. Ms. McGee said there are many large trees on the lot she owns in the bowl area. She said she planted 100 cedar trees that screen her house -from the street. Although she does not believe those trees block anyone's view, she said they would have to be topped if the proposed amendments are adopted. She noted that the trees were planted in place of blackberry bushes that were ap- proximately 12 to 14 feet at the time they were removed which, she pointed out, would probably constitute wildlife plantings and could be left to grow unchecked. Ms. McGee said the neighbors were allowed to construct a 6 to 8 foot retaining wall with a 6 foot fence on top of it. If the proposed amendments were adopted, she said the hedge that she planted in front of the retaining wall would have to be pruned to six feet if someone made a complaint. Ms. McGee thought it would be an inconsistent policy if the City allowed a person to construct a retaining wall to a height greater than 6 feet but not allow hedges to grow higher than 6 feet. Ms. McGee said there are beautiful hedges throughout the City that are higher than 25 feet, and she could not imagine pruning them down to 6 feet even if views are impacted. She said people cannot expect to retain their views in perpetuity unless they buy waterfront property or property on a bluff. In response to a comment by Ms. McGee, Mr. Snyder stated that the ordinance permits hedges to exceed the six foot limitation in front of a retaining wall and, in fact, go up to four feet above the top of the wall. EDMONDS CITY COUNCIL MINUTES Page 3 JUNE 19, 1990 Patricia Alley, 17126 Talbot Rd., said trees, in her opinion, are a wonderful view. She said she would have to look at walls, roofs, and telephone poles and wires if she is required to prune the trees that border both sides of her property. Ms. Alley said she has a Ph.D. in American studies. She said the cutting of trees will contrib- ute to the greenhouse effect and to global environmental concerns. Shirley Kaibe, 210 - 8th Ave. S., said she purchased her home approximately one year ago, and part of the price she paid for her home was for the view. She said, however, there is a large willow tree on her neighbor's property that partially blocks her view and two poplar trees that will eventually create further view obstruction. Ms. Kaibe believed her neighbors could achieve privacy without blocking her view. Ms. Bowman said the proposed amendments refer to shrubs or trees and so the poplar trees may be contradictory to the proposed amendments but the willow tree will not because it is a single tree. Ms. Kaibe said perhaps it is not the number of trees that should constitute a sight barrier but the size of a tree. Marie King,-713 Laurel St., said many people in Edmonds believe that a view of a tree is just as beautiful as the view of the water. Besides providing a habitat for wildlife, she said trees are more pleasing to the eye than the side of an apartment building or a home. Ms. King thought selectively pruning or topping trees should only be done when it is absolutely necessary. Ms. King believed the problem of overhead wires in Edmonds is a bigger concern than trees and should be addressed: She requested the Council to postpone any drastic action on trees and con- centrate on more pressing issues. Randy Drauber, 818 Daley St., landscapei contractor, said he felt trees are a beautiful part of nature but trees that are planted in a row or rows were not put there by nature. He said he would like to see a natural planting of trees but not a row of trees. Mr. Drauber said he and his wife bought their home because of the view, but there is a stand of fir trees that was planted in a row that will eventually block that view. He said although he has very little privacy from adjacent properties, he would never consider blocking his neighbors' view by planting trees. As a community, he said people need to think about people around them, and the Planning Board should be provided with tools to make sound decisions. Fran Likkel, 17812 - 72nd Ave. W., said he believed the current ordinance needs to be broadened to provide relief to adjacent property owners when a neighbor plants trees or hedges to be vindic- tive or abusive. Mayor Naughten closed the public portion of the hearing. Councilmember Palmer thought the issue extremely complex and difficult and he commended Staff for their efforts, but he said he would be more comfortable with the proposed amendments if an accept- able species of hedge was included. He ?aid, however, the biggest problem he was having with the proposed amendments was the lack of a need for them. He noted that there have been very few complaints over the last ten years. Councilmember Palmer said he was comfortable with the idea that the City Council review future complaints on a case -by -case basis. He said he could not support the proposed amendments for those reasons. Councilmember Hertrich believed the proposed amendments were a good basis but that further review is necessary. He said he was unsure, though, how to proceed and welcomed any input from the Council. Councilmember Dwyer suggested that the City of Edmonds contact other cities that are geographical- ly similar to Edmonds to ascertain how they have addressed the issue of hedges. He said the City must guard against becoming a city of "tree stumps". He was concerned that "by trying to do something good, the City may create a morass from which it may never emerge". Councilmember Nordquist suggested that the Council meet with the Planning Board to discuss the issue further. Councilmember Hertrich volunteered, with the assistance of Councilmember Nordquist, to research the issue with Staff and ascertain if a more detailed document is viable. Councilmember Dwyer suggested that the issue be scheduled for discussion by the Council as a whole subsequent to research by Councilmember Hertrich, Councilmember Nordquist and the Planning Board and thata notice of the next discussion be sent to the people who testified that evening. EDMONDS CITY COUNCIL MINUTES Page 4 JUNE 19, 1990 COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER DWYER, TO SCHEDULE FURTHER DISCUSSION OF THE ISSUE ON AUGUST 7, 1990. MOTION CARRIED. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PALMER, TO APPROVE THE PROPOSED CHANGE TO 17.30.000 (general height restriction of heges). MOTION CARRIED WITH COUNCILMEMBER HERTRICH OPPOSED. HEARING ON HEARING EXAMINER RECOMMENDATION REGARDING PROPOSED AMENDMENT TO OFFICIAL STREET MAP REDUCETO RIGHT-OF-_W­AY_"UF_93RD AVE. W. 8TH ST. S.W. (ST_-1_-§_07NRFc HUESEN Assistant City Planner Duane Bowman reported that the Hearing Examiner held a public hearing on May 3, 1990 on the request of Eric Thuesen to reduce the proposed right-of-way on 83rd Avenue West from 60 feet to 50 feet in the vicinity of 208th Street Southwest. The Hearing Examiner issued his report on May 15, 1990 recommending approval of the requested amendment. Mr. Bowman said the existing right-of-way for 83rd Avenue West is 50 feet, but the right-of-way is projected to have an ultimate width of 60 feet on the Official Street Map. Mr. Bowman said the applicant intends to develop a six -lot planned residential subdivision (PRO) on property located at the intersection of 83rd Avenue West and 208th Street Southwest. As part of the PRO subdivision process, there is a requirement to dedicate the easterly 10 feet of the property to the City for right-of-way purposes. However, Mr. Bowman said the 10 feet used to satisfy the additional right-of-way requirements is a steep bank, and Staff indicated that the steep terrain would not be used for any road purposes or right-of-way purposes in the future. Mr. Bowman noted that a copy of the Hearing Examiner's report and a vicinity map depicting the location of the proposed amendment to the Official Street Map were included in the Council pack- ets. Mr. Bowman said it is the recommendation of Staff to adopt the Hearing Examiner's recommendation and direct the City Attorney to prepare the necessary ordinance. Mr. Bowman pointed out the location of the proposed amendment on a vicinity map. In response to a question by Councilmember Jaech, Mr. Bowman said the City can initiate an amend- ment to remove dedication requirements down to Woodlake Drive. Councilmember Jaech inquired if any portion of the subject property will be needed by the City to construct a sidewalk. Mr. Bowman replied negatively. He explained that the sidewalk that is required as part of Mr. Thuesen's subdivision will be constructed within the 50 foot right-of-way. Eric Thuesen, 17926 Talbot Rd., said the reduction of the right-of-way will allow a house on the subject property to be relocated and improvement of sidewalk requirements along the private road. He noted that the sidewalk will be constructed in the City's right-of-way because the dedicated area is not usable. ! Mayor Naughten opened the public portion of the hearing. No input was offered. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ADOPT THE HEARING EXAMINER'S RECOMMENDATION AND REQUEST STAFF TO PREPARE THE DOCUMENTS TO INITIATE AN AMENDMENT TO THE OFFICIAL STREET MAP. MOTION CARRIED WITH COUNCILMEMBER HERTRICH AND COUNCILMEMBER NORDQUIST OPPOSED. FINAL APPROVAL OF PREDESIGN OF BRACKETT'S LANDING UPLANDS IMPROVEMENTS Parks & Recreation Manager Arvilla Ohlde reported that the City Council directed Atelier, p.s., on May 29, 1990 to provide a fifth alternative predesign for the development of the uplands at Brackett's Landing Park. The predesign is a revision to options #3 and #4 and includes: reten- tion of the existing restroom facility; an interpretive center close to the easterly property line, creating an "L"-shaped area; emergency and maintenance access to the north. She noted that the predesign should fall within the 1990 budget of $140,000. Ms. Ohlde said the preliminary cost estimate provides for minimum development costs at $85,010 ($20,,900 for site development and $64,110 for the new interpretive shelter). Other alternatives were listed separately. Ms. Ohlde said items #6 and #10 on attachment B (turnaround and drop-off improvements) address safety concerns at the park. Items #1 through #3 and item #7 (sitting rocks, wet tables, etc., EDMONDS CITY COUNCIL MINUTES Page 5 JUNE 19, 1990 for new building; planting at restroom and new building; interpretive signs; and interpretive paving) could be developed through grant funding for interpretive aspects of the project. Ms. Ohlde said the cosmetic re -roof of the existing building (item #8) would architecturally tie the two facilities together but is not a necessity on a minimum development project. Janice Snoey, Atelier, p.s., reviewed Alternative #5 with the Council which included retention of the existing restroom, construction of an interpretive center adjacent to the railroad tracks, rehabilitation of the restroom with interpretive displays on the walls, a sand removal shower area, retention of the 15 foot area to provide emergency and maintenance access to the north with installation of a gridded concrete paver so that beach grasses can grow up through it. Ms. Snoey said the new shelter area will have a storage area for the portable wet table and interpretive equipment. Ms. Snoey recommended that the restroom facility be reroofed to match the roof of the new shelter if funds are available. Councilmember Hertrich inquired if the two structures will be physically connected to one another. Ms.'Snoey replied negatively. Councilmember Palmer inquired if the restroom facility was in need of a new roof other than for architectural purposes. Ms. Snoey replied negatively. Councilmember Hertrich inquired how the restroom facility will be architecturally tied into the new building. Ms. Snoey said the exterior walls of the restroom are proposed to be painted a neutral gray color and the roof form itself will be constructed of an industrial -type material that will conform more to the marine interpretive theme of the park. Because the interior of the restroom is fairly dark, Ms. Snoey recommended that a combination metal standing seam with a translucent plastic roofing material be used to allow more daylight in. She said, however, a new roof is a lower priority than the interpretive signs and other items. Councilmember Hertrich said he liked the design of the facilities but was opposed to constructing a roof with industrial -type material in an area that is a natural resource. In response to Councilmember Hertrich, Ms. Ohlde said the Aquatic Land Enhancement Grant is a $30,000 grant. She said the City will receive a 75% State match, and the City will contribute $7,500. Councilmember Hertrich endorsed the proposed design and amenities, and he recommended that items #1 through #4, #6 and #10 be included but that the roofing material blend in with the natural environment. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO IMPLEMENT ITEMS #1 THROUGH #4, #6 AND #10. With reference to items #1 and #4, Councilmember Dwyer inquired if it has been ascertained through community input that there is insufficient seating at the park. Ms. Snoey said the commu- nity has made several comments to that affect. Councilmember Palmer recommended that site development and the new building be implemented and that the City apply for the grant for items #1 through #4 but that the rest of the budgeted money be applied to items #6, #10, and #11. He no-ted that a new concrete bulkhead will provide a stair -step seating area along the length of the parking area. He said he would like to see cos- metic improvements made to the existing building if there is money within the budget with the exclusion of a new roof. Councilmember Dwyer questioned the necessity for sitting rocks and benches because he said part of the idea of going to the beach is sitting on the logs and taking your shoes off and putting your feet in the sand. He said he has been to the beach many times when there have been a lot of people there, and he has never perceived there to be a seating problem. Councilmember Hertrich felt the cost to construct a new concrete bulkhead is considerable com- pared to the cost of the entire project, and he suggested that that item be scrutinized before a final decision is made. Councilmember Hertrich inquired about the lighting. Ms. Snoey said the proposed lighting will replace existing lighting that is out of character with the marine theme. She said, however, lighting is the lowest priority. EDMONDS CITY COUNCIL MINUTES Page 6 JUNE 19, 1990 A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER NORDQUIST, COUNCILMEMBER HERTRICH, COUNCILMEMBER JAECH, AND COUNCILMEMBER KASPER IN FAVOR; COUNCILMEMBER DWYER, COUNCILMEMBER PALM - ER, AND COUNCILMEMBER WILSON OPPOSED. As a procedural matter, Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO REOPEN THE MEETING. MOTION CARRIED. PROPOSED RESOLUTION 701 AUTHORIZING APPLICATION TO INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION R GRANT UNDS TO PURCHASE CIVIC CENTER PLAYGROUND Parks & Recreation Manager Arvilla Ohlde reported that the Interagency Committee For Outdoor PikRecreation (IAC) has $45 million to dedicate to projects as a result of the passage of ESSB 6412 "Washington Wildlife and Recreation Coalition" legislation. In 1990, the IAC is required to generate a target expenditure list of projects to be considered for funding by the 1991 Legisla- ture. Ms. Ohlde said Staff presented possible project options at the May and June City Council Communi- ty Service Committee meetings. Due to the time constraints and project application details need- ed for application submittal on July 2, 1990, she said it was recommended that the City submit an application to the IAC for acquisition of the Civic Center Playfield. Ms. Ohlde noted that the estimated appraised value of the Civic Center is $1.5 million, and the IAC funding assistance award would be 50%. Verification of the local match must be provided by July 1991. Ms. Ohlde recommended that the Council authorize the Mayor to make formal application to the IAC for funding assistance to acquire the Civic Center Playfield. The Council discussed the viability of purchasing the playfield and the availability of water- front property. Ms. Ohlde said she could prepare a list of waterfront properties next week if the Council wished to consider acquiring waterfront property. She noted that the Anderson Marina may be for sale and Henning property is available. In response to Councilmember Palmer, Ms. Ohlde explained that the City is not limited in the number of applications it can make to the IAC, but she noted that the applications will compete with one another. Councilmember Palmer said he would rather submit an application for waterfront property than for inland property be- cause waterfront property is a scarcity. Councilmember Hertrich concurred. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST FOR DISCUSSION, TO NOT APPLY TO THE IAC THIS YEAR FOR FUNDS TO PURCHASE THE CIVIC CENTER PLAYFIELD. The Council discussed the costs of the Anderson and Henning properties. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, COUNCILMEMBER KASPER, AND COUNCILMEMBER PALMER IN FAVOR; COUNCILMEMBER NORDQUIST, COUNCILMEMBER JAECH, AND COUNCILMEMBER WILSON OPPOSED. Because the cost would be considerable, douncilmember Wilson said the City must have an immediate plan and a source to fund the purchase of either waterfront or inland property. Councilmember Palmer said he did not want the City to forfeit the opportunity to apply for a grant because he believed the citizens of Edmonds deserve to share in the monies they have been paying into. He said his interest was in pursuing waterfront property but if the Council as a whole showed no interest, he was willing to pursue the Civic Center Playfield. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPLY FOR IAC FUNDS TO PUR- CHASE THE ANDERSON PROPERTY. Councilmember Wilson said he was in favor of pursuing waterfront property but he had to know the cost of the land and from what source it would be funded before he could endorse any acquisi- tion. Councilmember Palmer said the information that the Council received from the Mayor indicat- ed that there is some flexibility on the part of the seller in financing the Anderson property. Community Services Director Peter Hahn pointed out that the only property for sale on the water- front at the present time is the Henning property. Mayor Naughten said it was his understanding that the Anderson property may be available and he would verify whether or not it is for sale. EDMONDS CITY COUNCIL MINUTES Page 7 JUNE 19, 1990 COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PALMER, TO AMEND THE MOTION THAT THE MAYOR IS TO VERIFY THAT THE OWNER OF THE ANDERSON PROPERTY IS WILLING TO SELL BY THE TIME THE APPLICATION COMES THROUGH AND IF THAT VERIFICATION CANNOT BE OBTAINED, THE CITY WILL NOT ACT UPON THE MOTION; AND AUTHORIZE STAFF TO OBTAIN AN APPRAISAL OR WHATEVER IS NEEDED TO FIX THE PRICE OF THE LAND IF IT IS AVAILABLE. MOTION TO AMEND CARRIED, WITH COUNCILMEMBER JAECH AND COUNCILMEMBER NORDQUIST OPPOSED. COUNCILMEMBER KASPER MOVED TO AMEND THE MOTION TO PURSUE THE HENNING PROPERTY IF THE ANDERSON PROPERTY IS NOT FOR SALE. THE MOTION TO AMEND FAILED FOR LACK OF A SECOND. THE MAIN MOTION, AS AMENDED, CARRIED WITH COUNCILMEMBER JAECH AND COUNCILMEMBER NORDQUIST OPPOSED. Councilmember Nordquist stated, "The reason why I voted 'no' is because this was brought up by Jeff because he wanted to vote for the playground --the Civic Center, and it ended up waterfront property. That's how you started your speech off". Councilmember Palmer responded, "I said I didn't want any grant money to- go by for nothing". APPROVAL OF MINUTES OF JUNE 5, 1990 AND STUDY SESSION MINUTES OF JUNE 12, 1990 [ITEM (B) ON THE CONSENT AGENDA] COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE STUDY SESSION MINUTES OF JUNE 12, 1990. MOTION CARRIED. ✓ Councilmember Palmer referred to the amendment to the June 5, 1990 minutes from the City Clerk which stated, "Councilmember Palmer, Councilmember Hertrich, and Mayor Naughten have each brought to my attention some remarks which were. omitted from the subject minutes which they would like included. , I have had the tape checked tb verify the wording of the omissions. Please amend the subject minutes to include the following: "On page 8, at the end of the third paragraph, following Councilmember Palmer's cowents, that '...it is inconsistent with current service on the Ethics Committee,' please insert the Mayor's response, which was, 'Well, that's not an unethical question, Jeff.' Mr. Palmer replied, 'I think it is.' Councilmember Dwyer then said to the Mayor, "Well, I don't think you're unethical.' "Also, in the next to last paragraph on page 8, just prior to where the minutes state the Council recessed to an executive session, Councilmember Hertrich added his comments regarding the above issue, which were, 'And then, finally, turn this into a little different note. You were talking about ethics, Jeff, and yet I know of a couple of people on the Council that had a greater inter- est in tandem parking and accessory dwellings than was really discussed, so I think ethics can go further than the Mayor's situation.' Mr. Palmer responded, 'I agree. I don't know what situa- tion you're describing there, but ethics apply to all of this.' Mr. Hertrich replied, 'Well, let's put it this way. You talk about donators. You want to be specific. You were on a subject where possibly some of the donators had an interest in tandem parking.' Councilmember Palmer requested that the words that atre unlined be amended to "ethical" and "us" respectively. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER PALMER, TO ACCEPT THE CHANGES IN THE AMENDMENT AND TO APPROVE THE MINUTES AS AMENDED. MOTION CARRIED. CONFIRMATION OF MAYOR'S APPOINTMENT_ OF MIKE' COOPER TO PLANNING BOARD [ITEM (D) ON THE CONSENT LEND — - Councilmember Palmer was concerned about the recent process for selecting a Planning Board meN- ber. He noted that the intent of Chapter 10.40.020(3) is that there be diversified representa- tion of occupation, experience, etc., as well as geographical distribution. He said Kirby White wrote the Mayor a letter advising that the Planning Board opening be filled by someone residing in the Edmonds High School area or Ballinger area, and Councilmember Palmer pointed out that the position is not represented by someone from that area. Additionally, Councilmember Palmer said he asked for resumes of all interested parties for the Planning Board position but got only a simple reply from the Mayor stating, "I am appointing Mike Cooper. I reviewed files and can't find any other candidate for the Planning Board. at this time who meets current requirements for the appointment". Councilmember Palmer inquired what the Mayor's current requirements for ap- pointment are. Mayor Naughten said he wanted the position to be filled by someone who lived in the bowl area because former Planning Board member Bill Mathias (who recently resigned from the Planning board) lives in the bowl area. Councilmember Palmer noted that there are three members from the bowl area, three members from the Meadowdale area, and no representation on the Planning * Board from the high school area or Ballinger area. Mayor Naughten said that did not concern him * . See Council Minutes of June 26, 1990 EDMONDS CITY COUNCIL MINUTES Page 8 JUNE 19, 1990 because he wanted to replace someone from the bowl area with someone from the bowl area, and he thought Mr. Cooper was qualified. Mayor Naughten said he tries to appoint people to the Planning Board from different geographical areas but he cannot always accomplish that. Councilmember Palmer inquired if the position was advertised. Mayor Naughten replied negatively. Councilmem- ber Palmer inquired if there were other applications on file. Mayor Naughten replied affirmative- ly. He said Mr. Cooper was the most qualified because he lives in the bowl area. Councilmember Wilson was also concerned about the process, and he said he will no longer partici- pate in an interview when he has no way to compare a candidate with other people who have applied. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE MIKE COOPER'S CONFIRMA- TION OF APPOINTMENT. Councilmember Palmer said Mr. Cooper has fine qualities, but he was frustrated that the Council is making no attempt to follow the ordinance that is in place. Councilmember Kasper shared the same sentiment. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER NORDQUIST, COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, COUNCILMEMBER JAECH, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER KASPER AND COUNCILMEMBER PALMER OPPOSED. PROPOSED ORDINANCE ADDING SECTION 18.95.030 TO EDMONDS COMMUNITY DEVELOPMENT CODE RELATING TO TANDEM PARKING LITEM I N THE CONSEN GENDA Although Councilmember Dwyer has changed his position with respect to tandem parking more than �1 one time, he said after scrutinizing the issue again he is comfortable to not allow tandem park- ing when it is required parking but to allow it when it is not required parking if it does not violate the problems set forth in 18.95.030. Because he voted on the prevailing side, COUNCILMEMBER. DWYER MOVED, SECONDED BY COUNCILMEMBER HERTRICH; TO RECONSIDER THE COUNCIL'S MOST RECENT VOTE ON TANDEM PARKING. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER NORDQUIST, COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, COUNCILMEMBER JAECH AND COUNCILMEMBER PALMER IN FAVOR; COUNCILMEMBER KASPER AND COUNCILMEMBER WILSON OPPOSED. Further discussion of the issue was scheduled on July 17, 1990. AUTHORIZE STAFF TO NEGOTIATE CONTRACT FOR TELECOMMUNICATION CONSULTANT SERVICES WITH TELCOM ��(RATHER MAN GEMEN NC , IN ., ITEM N HE C NSECOUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO AUTHORIZE THE CITY ATTORNEY THAN STAFF) TO NEGOTIATE THE CONTRACT FOR TELECOMMUNICATION CONSULTANT SERVICES WITH TELECOM MANAGEMENT CONCEPTS, INC., ON BEHALF OF THE CONSULTANT SELECTION COMMITTEE. MOTION CAR- RIED. MAYOR Mayor Naughten noted that a Class H license for Tasters Chinese Restaurant will be recommended for approval if no objection is noted by the Council. No objection was noted. Mayor Naughten announced that the slurry seal demonstration project on 194th and 195th was suc- cessful. With respect to a recent bid protest, City Attorney Scott Snyder reported that Snohomish County Superior Court Judge Knight ruled that the low bidder was the low bidder, and the City saved $34,000. COUNCIL Council President Nordquist said the AWC conference was very interesting and he would provide the Council with a report. Council President Nordquist noted that the July 3, 1990 Council meeting would be on the eve of the 4th of July holiday and some people may have travel plans. Additionally, he said the Council would have two meetings next week. THEREFORE, COUNCIL PRESIDENT NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO CANCEL THE JULY 3, 1990 COUNCIL MEETING. MOTION CARRIED WITH COUNCILMEM- BER DWYER AND COUNCILMEMBER PALMER OPPOSED. A/ Councilmember Kasper requested that the discussion of senior housing options be rescheduled from June 26, 1990 to August 28, 1990. Council President Nordquist concurred. EDMONDS CITY COUNCIL MINUTES Page 9 JUNE 19, 1990 Councilmember Jaech suggested that the Council schedule a discussion in the near future regarding Pa requirement that all sites for development be posted regardless of the number of units that are proposed. Councilmember Hertrich said Joanne Stevens said she had called all but one Councilmember and discussed hiring a part-time Tourism Director. She was under the impression that the Tourism Committee has the authority to expend its budget in any manner whatsoever, and they have proposed to hire a part-time director to work at the Chamber of Commerce for a period of three months at $1,000. Councilmember Hertrich said on that basis, he made a motion to authorize that expendi- ture. It was the consensus of the Council that the Tourism Committee does not have the authority to expend monies to hire a temporary position without the Council's approval. City Attorney Scott Snyder stated that the Tourism Committee acts on behalf of the City and can contract with the Council's powers. He said any contract has to be approved by the Council unless it relates to matters that were contained specifically in their line item budget. Councilmember Palmer suggested that the Council review their budget. Councilmember Hertrich said he would withdraw his approval and advise the Tourism Committee. The Council recessed to an executive session at 10:47 p.m. to discuss a legal matter for approxi- mately 10 minutes and adjourned thereafter. THESE MINUTES ARE SUBJECT TO JUNE 26, 1990 APPROVAL. ACQU INE G. PARR TT, City Clerk LAAY S. %AUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 10 JUNE 19, 1990 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. JUNE 19, 1990 SPECIAL MEETING TIME - 8:00 P.M., FOLLOWING DINNER WITH STATE LEGISLATORS AND TOWN OF WOODWAY OFFICIALS CALL TO ORDER - 8:00 P.M. FLAG SALUTE 1. PRESENTATION OF CENTENNIAL MURAL BY COLLEGE PLACE ELEMENTARY SECOND GRADE STUDENTS 2. CONSENT AGENDA (A) ROLL CALL (8) APPROVAL OF MINUTES OF JUNE 5. 1990 AND STUDY SESSION MINUTES OF JUNE 12. 1990 (C) PROPOSED ORDINANCE 2777 AMENDING CITY CODE TO ESTABLISH WATER AND SEWER RATE REDUCTIONS FOR LOW INCOME SENIOR CITIZENS AND LOW INCOME DISABLED CITIZENS (D) CONFIRMATION OF MAYOR'S APPOINTMENT OF MIKE COOPER TO PLANNING BOARD (E) PROPOSED RESOLUTION 700 ADOPTING SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM (F) APPROVAL OF TEMPORARY CONCESSION AGREEMENT WITH BOY SCOUT TROOP 301 FOR FOURTH OF JULY CHICKEN-Q (G) AUTHORIZATION TO CALL FOR BIDS TO CONSTRUCT PAVED PARKING IMPROVEMENTS AT SIERRA PARK AND PINE ST. PARK (H) ACCEPTANCE OF QUIT CLAIM DEED FROM FRANK & MARION L. BONIPART FOR 10, RIGHT-OF-WAY ADJACENT TO 15929 75TH PL. W. (I) PROPOSED ORDINANCE 2778 ADDING SECTION 18.95.030 TO EDMONDS COMMUNITY DEVELOPMENT CODE RELATING TO TANDEM PARKING (J) PROPOSED ORDINANCE 2779 AMENDING CITY CODE REGARDING POSSESSION OF SUSPENDED DRIVER'S LICENSE (K) PROPOSED ORDINANCE 2780 AMENDING CITY CODE REGARDING DISPOSITION OF REPORTED STOLEN PROPERTY HELD BY PAWNBROKERS (L) PROPOSED ORDINANCE 2781 REVISING LIMITED PARKING RESTRICTIONS ON SOUTH SIDE OF BELL ST.. BETWEEN 5TH AVE. N. AND 6TH AVE. N. t (M) AUTHORIZATION TO RETAIN JACK WHITELEY TO CONDUCT SEISMIC STUDY OF FIRE STATION II (NOT TO EXCEED $2,000) (N) FORMAL APPROVAL OF ITEMS APPROVED AT JUNE 12. 1990 ADMINISTRATIVE SERVICES COMMITTEE MEETING (0) AUTHORIZE STAFF TO NEGOTIATE CONTRACT FOR TELECOMMUNICATION CONSULTANT SERVICES WITH TELCOM MANAGEMENT CONCEPTS. INC. (P) PROPOSED ORDINANCE 2782 INCORPORATING FUNCTIONAL PLANS INTO THE COMPREHENSIVE PLAN (Q) AUTHORIZATION TO OBTAIN WRITTEN QUOTES OR PARTICIPATE IN AUCTION TO PURCHASE A USED FORKLIFT ($11,000) (R) AUTHORIZATION TO T.V. SEWER LINE ADJACENT TO SEAVIEW PARK BASED UPON COMMUNITY SERVICES COMMITTEE MEETING RECOMMENDATION 3. AUDIENCE 4. SECOND HEARING ON PLANNING BOARD RECOMMENDATION ON PROPOSED AMENDMENT (45 MINUTES) TO COMMUNITY DEVELOPMENT CODE REGARDING REVISED DEFINITION OF HEDGES (CDC-1-90/CITY OF EDMONDS) 5. HEARING ON HEARING EXAMINER RECOMMENDATION REGARDING PROPOSED AMENDMENT (30 MINUTES) TO OFFICIAL STREET MAP TO REDUCE PROPOSED RIGHT-OF-WAY OF 83RD AVE. W. IN VICINITY OF 208TH ST. S.W. (ST-1-90/ERIC THUESEN) 6. FINAL APPROVAL OF PREDESIGN OF BRACKETT'S LANDING UPLANDS IMPROVEMENTS 7. PROPOSED RESOLUTION 701 AUTHORIZING APPLICATION TO INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION FOR GRANT FUNDS TO PURCHASE CIVIC CENTER PLAYGROUND 8. MAYOR 9. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE