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08/07/1990 City CouncilTHESE MINUTES SUBJECT TO AUGUST 21, 1990 APPROVAL EDMONDS CITY COUNCIL MINUTES AUGUST 7, 1990 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larr, Naughten at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute Larry Naughten, Mayor John Nordquist, Council President Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember William Kasper, Councilmember Jeff Palmer, Councilmember Jack Wilson, Councilmember Bob Alberts, City Engineer Arvilla OhIL , Parks & Rec. Mgr. Art Housler, Admin. Svc. Director Linda McCrystal, Arts Coordinator Duane Bowman, Asst. City Planner Brent Hunter, Personnel Director Peter Hahn, Comm. Svc. Director Bobby Mills, Public Works Supt. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Mayor Naughten drew attention to the new Edmonds flag on display in the Plaza Room. PRESENTATION OF EDMONDS ARTS COMMISSION ART SCHOLARSHIPS Mayor Naughten introduced Josephine Fye, Arts Commissioner. 4 Ms. Fye announced that the Edmonds Arts Commission awarded $500 scholarships to two students tc the university of their choice. Ms. Fye noted that Carla Saulter is a graduate of Lakeside School in Seattle and was awarded a scholarship in Literary Arts. She plans to attend Rice University in Houston, Texas in the fall. At Lakeside School, Carla was commended for being a national merit scholar, a national achievement finalist, and a member of the National Honor Society. She was praised by her teach- ers for her participation and commitment to her studies, her school activities and community involvement. Carla organized tutoring opportunities by Lakeside students for the Central Area Youth Association. Ms. Fye introduced Carla and her mother and father, Caroline and.Jerry Saulter. Ms. Fye noted that Sara Harbert was awarded the Arts Commission scholarship in Performing Arts. She attended Woodway High School in Edmonds and will be attending the University of California in the fall in Irvine, California. Sara performed for the Olympia Ballet Theatre and other compa- nies, and she also taught ballet. She received many awards in dance, and drew high praise frog her instructors for outstanding scholastic achievements. Ms. Fye introduced Sara and her mother and father, Gayle and Rich Harbert. Mayor Naughten presented awards to Carla and Sara. Mayor Naughten recognized Arts Commission Chairman Eleanor Granmo in the audience. Mayor Naughten announced that a brief executive session will be held following the items on the agenda to discuss labor negotiations. CONSENT AGENDA Items (B), (G), (H) and (K) were removed from the Consent Agenda. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CAR- RIED. The approved items on the Consent Agenda include the following: ZZ (A) ROLL CALL (C) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING HEARING EXAMINER'S DECISION DENYING VARIANCE AT 23319 - 75TH AVE. W. (REUBLE/FILE AP-6-90/V-7-90) (D) ADOPTED ORDINANCE 2787 AMENDING OFFICIAL STREET MAP TO REDUCE PROPOSED RIGHT-OF-WAY OF 83RD AVE. W. IN VICINITY OF 208TH ST. S.W. FROM 60 FEET TO 50 FEET (APPLICANT: ERIC THUESEN/FILE ST-1-90) �(E) REPORT ON QUOTES FOR SURVEY SERVICES AT BRACKETT'S LANDING AND AWARD TO HORTON DENNIS ($5,300) (F) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM ROBERTA LOEKS (AMOUNT UNKNOWN) (I) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH R.J. CUSTOM STAGE LIGHTING FOR CENTENNIAL GALA EVENT ($5,000) &T,-"� ' (J) AUTHORIZATION FOR MAYOR TO SIGN RENTAL AGREEMENT WITH SNO-KING ICE ARENA FOR CENTEN- NIAL GALA EVENT ($2,400) Further action was taken on Items (I) and (J) on page 9 of the minutes. APPROVAL OF MINUTES OF JULY 24, 1990 ITEM (B) ON THE CONSENT AGENDA] Councilmember Palmer referred to the memorandum from the City Clerk noting the following correc- tions that he had requested: page 4, ninth paragraph, first sentence, "The word 'chapel' was not Cer used. Councilmember Palmer had used the term 'historic replip—rain shelter'. The next sentence of the same paragraph is written the opposite of what was said. The sentence should read, 'Ms. Ohlde said the sexton would not be involved in maintenance of that structure and only in schedul- ing of services'. On page 7�ourth line from the bottom regarding the excused 'absence of Coun- Sn�ya�V_ cilmember Palmer, the only date of absence should be July 17, 1990.as he did attend the July 10, 1990 meeting". COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE MINUTES AS AMENDED. MOTION CARRIED WITH COUNCILMEMBER KASPER ABSTAINING BECAUSE HE DID NOT ATTEND THE JULY 24 MEETING. ADOPTION OF RESOLUTION 705, JOINT RESOLUTION WITH CITY OF MUKILTEO REGARDING FERRY TERMINAL RELO- CATION I EM G N THE CONSENT AGENDAT_ Councilmember Kasper inquired if official action has already been taken regarding jointly hiring a lobbyist, although it is not part of the resolution. Mayor Naughten replied negatively. He explained that a draft resolution was approved, but official action has not taken place yet. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER PALMER, TO APPROVE ITEM (G). MOTION CAR- RIED. FOR MAYOR TO SIGN CONTRACT WITH AMZ PRODUCTIONS FOR CENTENNIAL GALA EVENT ($3.000 Councilmember Palmer said the information sent to the Council by the City Attorney's office does not mention that the contract is with AMZ Productions. City Attorney Scott Snyder explained that he sent the Council a format agreement for an artist's services because he was not certain wheth- er AMZ was a corporation or an individual. Parks & Recreation 'Division Manager Arvilla Ohlde said the contract is with Chayse Williams. She noted a change in the agreement drafted by Mr. Snyder is in section 3, last sentence, as follows, "...shall be a payment of 93% of the lump sum". Mr. Snyder requested that Item (H) be discussed later in the evening so he would have an opportu- nity to confer with Ms. Ohlde. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO PLACE ITEM (H) AT THE END OF THE AGENDA. MOTION CARRIED. ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF HEARING EXAMINER DECIS APPROVING W nw arIti_N D T 001TT IT D 1.,n 'TM I M U^RPH AMORTIZATION n Councilmember Palmer said he would abstain from voting on the item because he did not attend the hearing. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO CHANGE THE SIX-MONTH PERIOD TO RELOCATE THE BUSINESS TO ONE YEAR. Councilmember Jaech and Councilmember Wilson believed the six-month period was ample time and should not be changed, especially in light of the hearing that was held on the matter and the vote that was taken at that time. EDMONDS CITY COUNCIL MINUTES Page 2 AUGUST 7, 1990 City Attorney Scott Snyder raised a point of order. He noted that a motion to table the discus- sion would take precedence over the motion on the floor. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO TABLE THE DISCUSSION TO SEPTEMBER 4, 1990. MOTION CARRIED. RECESS - BIRTHDAY CAKE- CELEBRATING EDMONDS' 100TH BIRTHDAY (� Mayor Naughten announced that the City is celebrating its 100th Birthday. The Council sang happy birthday to the City and recessed for refreshments at 7:14 p.m. and reconvened at 7:30 p.m. AUDIENCE Mayor Naughten opened the audience portion of the meeting. No input was offered. Mayor Naughten closed the audience portion of the meeting. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING HEIGHT VARIANCE FOR ACCESSORY BUILDING AT 15805 - 72ND AVE.-W-.-TAPPELLANT/APPLICANT: M.K. N H /A --B-90 -15- 0 �pyr- Assistant City Planner Duane Bowman reported that M.K. Bingham filed an application for a vari- ance to the required height limit for a detached garage on his property at 15805 - 72nd Avenue West to allow a height of 18 feet instead of the required 15 foot height limit. The Hearing Examiner conducted a public hearing on the variance request on June 7, 1990 and issued his deci- sion denying the variance request on June 21, 1990. Mr. Bowman said Mr. Bingham filed an appeal seeking to overturn the Hearing Examiner's decision. Mr. Bowman said it is the recommendation of Staff to uphold the Hearing Examiner's decision and deny the appeal. Mr. Bowman noted that the Hearing Examiner corrected his Findings of Fact to take into considera- tion a 18 foot height rather than a 25 foot height. M.K. Bingham, 15805 - 72nd Ave., W., said his property is 3.2 acres. He said he would like to build a garage on the east side of his property to house his motorhome and pickup. Because he prefers a tile roof to a flat roof, he said the garage must be at least 19 feet in height because a tile roof requires a 4/12 pitch. He noted that the area where the garage is proposed slopes downward in all four directions and is surrounded by trees. Mr. Bingham said it is his opinion that the variance request is very logical and valid and meets all of the criteria for a variance and, additionally, was not contested by any neighbor. Councilmember Wilson inquired to what extent the subject property is visible from the street. Mr. Bingham said the property is not visible from the street. Councilmember Wilson expressed concern that the proposed garage will be visible to neighboring homes when 72nd Avenue is devel- oped. Mr. Bingham said the garage will be visible to only two homes when the property is devel- oped. Mayor Naughten opened the public portion of the hearing. _ Norm Nelson, 15729 - 75th Pl. W., spoke in favor of the variance request. He said he would pre- fer to see an aesthetically appealing tile roof rather than a flat roof on the proposed garage. Mayor Naughten closed the public portion of the hearing. Councilmember Palmer inquired how many parcels the subject property could potentially be subdivid- ed into. Mr. Bowman replied four. In response to Councilmember Hertrich, Mr. Bowman said a vent on top of the proposed garage would not be includdd as part of the height calculations. He said Mr. Bingham would like to subdivide his property and build a home for himself next to the garage. Councilmember Dwyer inquired how far the proposed garage site is from an existing structure. Mr. Bowman said the nearest structure is Mr. Bingham's house, which he estimated to be 40 feet away. Councilmember Dwyer inquired where, on the property, his house is located. Mr. Bowman said it is located west of the proposed garage site. He noted that the garage cannot be attached to the house because the front windows of the house would have to be taken out. Councilmember Dwyer inquired how the basic height of the garage was arrived at. Mr. Bowman said the basic height for a detached structure is 15 feet. He noted that the garage could be constructed to 25 EDMONDS CITY COUNCIL MINUTES Page 3 AUGUST 7, 1990 feet it if were attached to the house. Councilmember Dwyer inquired about the nature of the topography between the house and the proposed garage site. Mr. Bowman said there is a slight knoll between the front of the house and garage area and a turnaround to allow cars to access the existing garage. Councilmember Dwyer inquired if the 15 foot height limit is typical of garages elsewhere in the City. Mr. Bowman said the 15 foot limit is oriented towards the more densely populated areas to preclude detached structures that are massive in appearance. Councilmember Dwyer inquired if there is anything unique about the proposed garage. Mr. Bowman said the one unique characteristic of the proposed garage is that it is intended to house a motorhome rather than a typical single family car. Councilmember Kasper was displeased that the garage is proposed to be sided with T-111. He in- quired if the project is subject to Architectural Design Board review.. Mr. Bowman replied nega- tively. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER BY KASPER, TO REOPEN THE PUBLIC PORTION OF THE HEARING TO ALLOW MR. BINGHAM TO SPEAK AGAIN AND TO ASK HIM QUESTIONS. MOTION CARRIED. Councilmember Dwyer said he would like to vote in favor of the variance request, but some of the Councilmembers were struggling with whether or not special cjicumstances exist in which to grant the variance. He inquired what the special circumstances might be. Mr. Bingham said the founda- tion of the garage cannot be placed another 3 feet in the ground because of the restrictive topog- raphy. Councilmember Dwyer inquired why the proposed area for the garage is the best location. Mr. Bingham said he intends to build a home that is connected to the garage in the future and, additionally, the proposed location is visible from the existing house and provides a degree of security. Councilmember Dwyer inquired if the proposed garage could be located anywhere else on the property. Mr. Bingham said it could be constructed in his vegetable and flower garden but he did not want to destroy that area. Councilmember Palmer inquired if the proposed location is the only location on the entire parcel where the garage could be built. Mr. Bingham replied negatively. He said, however, the best use of his land would be to construct the garage where it is proposed. Councilmember Kasper inquired about the siding on the existing house. Mr. Bingham said it is cedar. He explained that he requested the designer to draft a set of blueprints for the garage, and the designer indicated the use of T-111 on the exterior of the garage as a suggestion. Councilmember Wilson inquired when Mr. Bingham intends to construct the second house. Mr. Bingham estimated in.five years. Mayor Naughten closed the public portion of the hearing. Councilmember Kasper spoke in favor of granting the variance because the garage will not be visi- ble from the proposed plat and because he did not believe that a suitable solution to house Mr. Bingham's motorhome is to put it in rental storage. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO GRANT THE VARIANCE AND NOT UP- HOLD THE HEARING EXAMINER'S DECISION. Councilmember Hertrich said he was under the impression that the applicant did -not plead any special circumstances to the Hearing Examiner even though special circumstances do exist. MOTION CARRIED WITH COUNCILMEMBER PALMER OPPOSED. INUED (SECOND) HEARING ON PLANNING Councilmember Nordquist said information was gathered from seventeen out the United States with regard to their policies governing hedges, form for review by the Council and Staff. OF PROPOSED AMENDMENT other jurisdictions through - and it was put into booklet Assistant City Planner Duane Bowman said the issue is a difficult one. He said the Mayor, Coun- cilmember Hertrich, Councilmember Nordquist and he encountered some of the same problems as in past hearings while they were trying to resolve the definition of a hedge. EDMONDS CITY COUNCIL MINUTES Page 4 AUGUST 7, 1990 Mr. Bowman said he reviewed some of the ideas that were elicited at the Council meetings and Planning Board meetings, and he proposed the following amendments: 17.30.000(B) - General Height Restrictions - The height of hedges may not be more than 8 feet unless a conditional use permit is obtained. Height shall be measured from the lowest finished grade at all points along the hedge. Regardless of the species of hedge plantings, an 8 foot height shall be maintained by proper pruning. A hedge planted at the base or down -slope side of a retaining wall or rockery may exceed 8 feet without a conditional use permit, provided the maximum height is maintained at not more than 4 feet above the top of the retaining wall or rockery. 21.40.020 - Hedge - Hedge means a closely spaced, uniform planting of shrubs or trees in an extended row or rows which creates a sight barrier. This definition excludes existing natural woodlands, parklands and required greenbelt areas. Mr. Bowman said he felt the proposed amendments will provide the Hearing Examiner and the Council with a reasonable definition to use and enforce in the City's emulations. Councilmember Jaech inquired if the height of a fence would also be changed to 8 feet if the proposed amendments were adopted. Mr. Bowman replied negatively. Councilmember Wilson inquired about an instance where the additional two feet would completely obliterate someone's view. Mr. Bowman said that is an issue that should be resolved before the proposed amendments are adopted. He said the height maximum could be reduced to 6 feet if the Council so chooses with a requirement that a conditional use permit be obtained for any hedge that exceeds that height. Councilmember Wilson wanted to insure that the additional height allow- ance would not impact someone's view. Mr. Bowman said it is hard to write a regulation that addresses all scenarios. He suggested that the height allowance be restricted to 6 feet if view impaction was a concern. Councilmember Hertrich pointed out that one of the local ,jurisdictions that was referenced in the book submitted to the Council (Clyde Hill) indicates that a fence is any barrier which is natural- ly grown or constructed, and their requirement is that naturally grown fences shall not exceed 8 feet and constructed fences shall not exceed 6 feet. Councilmember Palmer said the Council must analyze the effect of regulating hedges. He said there are not that many problems with hedges throughout the City, and it seemed as though the exceptions were creating the rule. He believed, if the proposed amendments were adopted, the Council would be inundated with people that have a row of trees somewhere on their property they do not want to cut down. In response to Councilmember Palmer's comment with regard to grandfathering existing hedges, City Attorney Scott Snyder stated that existing hedges or trees in excess of 6 or 8 feet would be grandfathered, and any tree under that height would be required to be maintained to whatever height limit the Council adopts. Mr. Snyder noted that the City has regulated low -growing shrubs since 1956, and all low -growing shrubs would still be governed by that regulation. Mayor Naughten opened the public portion of the hearing. Herman Van Deursen, 18416 High St., said he has view property but his view will be totally ob- structed in the near future because there are 50 trees on an adjacent property that will eventual- ly grow to excessive heights. Mr. Van Deursen asked the Council to review the full growth of trees before they are planted. Mr. Van Deursen submitted five photographs (marked Exhibit #1) and a hedge graph to the City Clerk (marked Exhibit #2) for distribution to the Council. Peter Beck, 718 Spruce, was uncertain what the issue was before the City Council because he said the minutes of previous meetings indicate discussions centering around trees and view obstruction rather than hedges and view obstruction. Councilmember Palmer clarified that the issue of trees has not been resolved yet, and the discussion of hedges is another dimension that is being dis- cussed at this point. He noted that the Council will be discussing the proposed amendment relat- ing to land clearing and tree cutting on August 28, 1990. Mr. Beck submitted an article regarding trees and views to the City Clerk (marked Exhibit 3) from Seattle Home and Garden for distribution to the Council. EDMONDS CITY COUNCIL MINUTES Page 5 AUGUST 7, 1990 Fran Likkel, 17812 - 72nd Ave. W., said the Cities of Kirkland, Longview, Port Angeles, Vancou- ver, Lynnwood and Goldbar have definitions that are appropriate to the issue before. the Coun- cil. He urged the Council to read those ordinances. - Mr. Likkel reminded the Council that view impaction has a definite revenue consequence to the City. He urged the Council to take action on the issue because he believed the ordinance needs to be revised. Mayor�Naughten closed the public portion of the hearing. Councilmember Hertrich said he, too, would be upset if his view were blocked by trees but, on the other hand, the ambiance of a wooded lot is enchanting from the perspective of the property owner of that lot. He pointed out that trees that are existing will be grandfathered if the proposed amendments are adopted, and the people whose views are blocked will have no recourse. Councilmem- ber Hertrich said he was in favor of a permit process to plant new trees and hedges to regulate the height of those plants. Councilmember Wilson inquired if the City can govern closely planted hedges in the middle of a parcel, for example. Mr. Snyder said the City does govern hedges located anywhere on a parcel, and the City would also have that authority under the proposed amendments. Councilmember Wilson inquired if the City could regulate the height of hedges to 12 feet if view obstruction is in- volved. Mr. Snyder said shrubs and low -growing trees that were planted since 1956 would be not grandfathered under any amendment. But at the current time, groups of trees planted together as hedges under the Hearing Examiner's decision would be exempt. If the Council passed something similar to the proposed amendments, he said they would be regulated and the City would, from the point of passage, regulate any group of trees that is currently less than the height of any newly planted group; existing single trees or single hedges would be grandfathered. Councilmember Jaech inquired in what configuration trees would be construed as a hedge. Mr. Snyder said a commonsense approach will be used in a court of law to resolve a dispute about the definition of a hedge. He said there will be problems no matter what definition the City ap- plies. He said the more complicated the definition, the more likely the City will lose in a criminal context. Councilmember Jaech said she needed a better understanding of what the Council was talking about. She said she understood what a hedge is, and to her a tree is not a hedge unless a certain species (poplar, for example) is planted close together. Mr. Snyder said he believed the key is in the language involving a sight barrier. He said a sight barrier is not created in a group of trees interspersed around the perimeter of a property if you can look under the trees. He said hedges are traditionally intended to block view from the ground level up. He said view blockage will be enforced by complaint and must be proven beyond a reasonable doubt probably to a jury. He said he personally could not see the potential for abuse by the City. Councilmember Palmer believed the definition of a hedge should be defined by species of plants. He said he was having difficulty with the proposed definition of a hedge because of the word "trees" and because it is nonspecific. Councilmember Dwyer inquired about enforcement procedures. Mr. Bowman said Staff would make a site inspection based upon a complaint and determine whether or not a hedge exists. If a determi- nation is made that a hedge does exist, he said the owner could apply to the Hearing Examiner for a conditional use permit for a hedge over 6 feet in height. Councilmember Dwyer inquired about the criteria for a conditional use permit. Mr. Bowman said the proposal must be consistent with the purposes of the zoning ordinance and Comprehensive Plan and must not be detrimental to any nearby property or improvement. Because of time constraints, further Council deliberation was scheduled on September 18, 1990. COUNCIL INPUT ON DESIGN DEVELOPMENT OF UPLAND IMPROVEMENTS OF BRACKETT'S LANDING Parks & Recreation Division Manager Arvilla Ohlde reported that on July 19, 1990, the City Coun- cil' approved the predesign of Brackett's Landing upland improvements. Atelier, p.s., was awarded the contract on July 17 to prepare construction designs for the park and was directed to prepare a structure design using natural looking materials. Ms. Ohlde said the preliminary construction designs were presented to the Planning Board for review on July 25, and the Board concurred that a plexiglass roof would be much.more compatible with the surroundings. Janice Snowey, Atelier, p.s., introduced architect Dave Miller from Miller & Hull. Mr. Miller displayed a perspective sketch of the shelter. He explained that it is proposed to be 23'x25' and will be open on the sides with a storage room for the park rangers at the east EDMONDS CITY COUNCIL MINUTES Page 6 'AUGUST 7, 1990 elevation. The roof will be a gable roof form with a skylight at the ridge that is 4 feet wide with curved acrylic to allow light into the structure. Mr. Miller recommended a standing seam metal roof material in a gray or green color coated to withstand salt water corrosion. He said the firm also entertained an alternate roof material of shingles, which is renmmended to be neutral in color. Councilmember Hertrich inquired about a shake roof. Mr. Miller did not recommend the use of shake because he said it is not consistent with the surrounding area and it also poses a mainte- nance problem. Councilmember Hertrich noted that shake only creates a maintenance problem if fir trees are in the immediate vicinity. He said the moisture from the salt water will help extend the life of a shake roof, and they last a long time if, they are properly maintained. Councilmember Wilson inquired about the roof material on the restroom facilities. Mr. Miller said it is shake. Councilmember Palmer inquired about the life of the metal roof. Mr. Miller said the proposed roof is under warranty for fifteen to twenty years. He said a 30 or 40 year roof is available but it is more expensive. Councilmember Palmer was disappointU�d with the life span of the pro- posed roof. He noted that a composition products is availalle on the market that are made to look like shake material but it has a 40 year life expectancy. Councilmember Hertrich inquired if the proposed structure could be retrofitted with walls or windows, if needed. Mr. Miller replied affirmatively. Mayor Naughten inquired about the cost. Mr. Miller said costs per square foot are significantly more on any building than they were a year ago. He explained that the roof is designed to take seismic loads and has hold downs for wind. He said the cost is not incurred in material as much as in labor. It was the consensus of the Council that the proposed design is not conducive to the characteris- tics of Edmonds or in keeping with what the Council envisioned on the waterfront. Councilmember Wilson and Councilmember Dwyer questioned whether the structure should even be built. Councilmem- ber Dwyer did not believe a structure could be designed as the Council envisioned for any amount of money that he was willing to expend. He said the cost is more money for less.of a public use than he originally thought it would be. Councilmember Palmer recommended that the issue be discussed further at a Community Services Committee meeting. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ABANDON THE PLANS TO CONSTRUCT THE STRUCTURE AT BRACKETT'S LANDING. MOTION CARRIED WITH COUNCILMEMBER HERTRICH OPPOSED. Councilmember Hertrich pointed out that Francis Murphy and her associates have put forth a great deal of effort in the design and use of the proposed structure, and he said the Council had previ- ously stated that they would support those efforts. He thought the Council should make at least one more attempt to produce a design that is more in keeping with a natural environment. Mayor Naughten concurred. Councilmember Dwyer acquiesced. He said, however, the Council is put in a. position too often of expending money on a project simply because it was started. He said there must be the ability as a project is formulating to "pull the plug" if it costs more -than is antic- ipated. Councilmember Hertrich suggested that Francis Murphy be invited to the Community Services Commit- tee meeting on August 14, 1990. Mr. Miller indicated that he had a feeling of what the Council envisioned, and he said prelimi- nary sketches could be drafted at no additional cost for..the committee meeting. ��FINAL REVIEW ON SEXTON POSITION FOR EDMONDS CEMETERY (CONTINUED FROM JULY 24) Parks & Recreation Division Manager Arvilla Ohlde reported that the Council discussed the opera- tions and financing for the Edmonds Memorial Cemetery on July 24, 1990. Staff was directed to provide: 1) a job description of the full-time position; 2) a list of equipment needs; and 3) a statement from the Hubbard Foundation with respect to maintenance of the cemetery. Ms. Ohlde said the Personnel Manager included a job description in the Council packets which gives a culmination of duties required for cities that are comparable to Edmonds. Six cities were contacted, and the salary range of $2,087 - $2,539 ($25,044 - $30,468 annually) or Step I of the Maintenance Worker II category was the benchmark of comparison. The annual salary with bene- fits (25% average) would total approximately $31,305. EDMONDS CITY COUNCIL MINUTES Page 7 AUGUST 7, 1990 Ms. Ohlde said the City currently owns two backhoe tractors and through scheduling and coopera- tion, it is assured that the cemetery can have access to the equipment for burials. If the City purchased sectional liners, rather than solid boxes,'the need for lowering and maneuvering devic- es would not be necessary and no equipment expenses would be needed. Ms. Ohlde noted that the City currently uses solid liner boxes, and the City would need to pur- chase a slip liner, liner roll cart and lowering device at a cost of $3,200. The City also sub- contracts for use of a graveside tent and surrounding decorative greens, which would cost an additional $1,650 to purchase. Ms. Ohlde said the City may wish to purchase a small backhoe in the future specifically for ceme- tery use at approximately $19,500; a tent replacement at $1,650; and possible a mower replacement at $15,000. Ms. Ohlde said the Hubbard Trust was contacted on July 26 regarding maintenance of the cemetery. The quarterly meeting of the Trust is scheduled on August 8, but Staff made a request for a ver- bal response prior to the meeting. Ms. Ohlde said the full-time position could be financially supported by dedicating the budgeted professional services of $7,000, the budgeted park maintenance funds of $14,500, and the elimina- tion of subcontractors for $2,500. The remaining amount of $7,305 still needs to be appropriat- ed. Ms. Ohlde said the General Fund would need to provide for the additional $14,500 to support the thousand hours needed to continue added park maintenance functions within the Parks Division. Ms. Ohlde said it is the recommendation of Staff to approve the immediate hire of a full-time cemetery sexton from the 130 fund; transfer funds to support the position; and appropriate $14,500 to Division 641 of the General Fund. Councilmember Hertrich inquired it is was possible to fill the position with a part-time person. Ms. Ohlde said it is not possible because the cemetery is a pioneer cemetery and not all of the records are in order. She said the site must be walked and probed each time a sale is made to verify that the location is correct. Councilmember Dwyer said nothing has advanced in the two years since former Parks & Recreation Manager Jim Barnes presented a proposal to the Council with respect to the Trust's willingness to fund the position. Councilmember Palmer inquired if the position could be an exempt position. Ms. Ohlde replied affirmatively. Councilmember Palmer said he would be more comfortable approving the position if it was a full-time temporary position with a sunset clause on December 1991 in order to allow the Council to assess the value of that position. Councilmember Nordquist did not believe a tempo- rary position would be feasible because he said the City needs a person who can generate sales and increase revenue for the cemetery. He thought, however, the salary should be lower. Councilmember Kasper believed it is the obligation of the Trust to fund the position. Councilmem- ber Hertrich concurred. As a procedural matter, Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO EXTEND THE MEETING. MOTION CARRIED. Councilmember Palmer inquired if the Council could provisionally approve the position but still have flexibility to change the way in which the position is budgeted if the Hubbard Trust re- sponds to the Council's request. City Attorney Scott Snyder said the Council could authorize the appropriation and authorize the Mayor, through the Personnel Manager, to locate a contractor or employee and ask for a report for final approval prior to hiring anyone. Councilmember Kasper thought the Council should not take any action tonight because it would influence the decision that the Trust makes tomorrow. Councilmember Wilson said he did not think Council action would have any effect on the decision the Hubbard Trust makes tomorrow. He said the Trust knows full well what agreement was made when the cemetery was bestowed to the City, and they must live with their decision. Councilmember Nordquist inquired if the Cemetery Board has sold the Hubbard Trust property for the rain shelter or if negotiations are in the process. Ms. Ohlde replied negatively. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER PALMER, TO AUTHORIZE THE POSITION AT A SALARY OF $26,000 AND THAT THE SEXTON POSITION WOULD ONLY BE FOR ITEMS LISTED ON THE JOB DESCRIP- TION; ANY WORK TO BE DONE ON ANY BUILDING TO BE BUILT IN THE CEMETERY SHOULD BE NEGOTIATED AS A SEPARATE ITEM AND NOT FALL INTO THE JOB DESCRIPTION OF THIS PERSON. EDMONDS CITY COUNCIL MINUTES Page 8 AUGUST 7, 1990 Councilmember Hertrich objected to discussion of that item because he said it is a separate issue from cemetery maintenance. Ms. Ohlde said although she was not able to contact the Trust today, Administrative Services Director Art Housler stated to her that his recollection of negotiations that he was involved in was that the Trust was not able to contribute to labor costs but could make capital contribu- tions. Councilmember Wilson recalled that the Trust stood before the Council and stated on the record that they would guarantee maintenance on the building. He said, however, the Council must move forward and rectify the situation regardless of their unkept promise. Councilmember Kasper said the Council should state that they are disappointed in the Trust and should not "just roll over and walk away from it". 'Councilmember Dwyer inquired if the motion intended that funds be transferred as discussed in the memorandum. Councilmember Nordquist replied affirmatively. He clarified that the $26,000 salary included benefits. Ms. Ohlde said it would be very difficult to fill the position at that level. COUNCILMEMBER PALMER WITHDREW THE SECOND TO THE MOTION BECAUSE HE DID NOT ASSUME THE $26,000 INCLUDED BENEFITS. COUNCILMEMBER NORDQUIST INQUIRED IF COUNCILMEMBER PALMER WOULD RETAIN THE SECOND TO THE MOTION IF BENEFITS WERE INCLUDED SEPARATELY FROM THE BASE SALARY. COUNCILMEMBER PALMER REPLIED AFFIRMATIVELY. COUNCILMEMBER NORDQUIST SAID HE WOULD MAKE THAT ADJUSTMENT, THEN. Councilmember Palmer inquired if it was intended that the position be exempt. Councilmember Nordquist replied negatively. In response to Councilmember Dwyer, Ms. Ohlde clarified that that the $31,305 referenced in the memorandum includes 25% average for benefits. COUNCILMEMBER NORDQUIST SAID HE WOULD AMEND THE SALARY, IF THE SECONDER AGREED, TO $31,305, WHICH INCLUDES A 25% AVERAGE FOR BENEFITS. COUNCILMEMBER PALMER AGREED. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER NORDQUIST, COUNCILMEMBER DWYER, COUNCILMEMBER JAECH, COUNCILMEMBER PALMER AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER HERTRICH AND COUNCILMEMBER KASPER OPPOSED. MAYOR TO SIGN CONTRACT WITH AMZ PRODUCTIONS FOR CENTENNIAL GALA EVENT City Attorney Scott Snyder said there is some question about the ability of the electrical system to handle the laser show at the Sno-King arena. He suggested, because $8,000 for the laser show is nonrefundable, that items (H), (I) and (J) be clarified to indicate that Council approval is contingent upon property electricity being available. Parks & Recreation Division Manager Arvilla Ohlde noted that only two hundred tickets have been sold to date, and it was anticipated that twelve hundred tickets would be sold. Councilmember Jaech inquired if additional money will have to be taken out of. the Council Contingency Fund if no more tickets are sold. Ms. Ohlde replied negatively. She said the money was allocated on a loan basis. Councilmember Jaech inquired if a sufficient number of tickets have been sold to cover the costs. Ms. Ohlde replied negatively. Councilmember Jaech commented that the Council may not want to authorize the Mayor to sign any of the contracts in light of the.�cash shortfall. Ms. Ohlde noted that presale tickets are slow, but it is anticipated that there will be an in- crease in ticket sales on the day of the event. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEM (H) CONTINGENT UPON THE MAYOR'S DETERMINATION THAT SUFFICIENT ELECTRICITY WILL BE PROVIDED FOR THE SHOW TO BE PER- FORMED. Councilmember Hertrich said he would not vote in favor of the motion due to what he believes is a conflict of interest. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER NORDQUIST, COUNCILMEMBER DWYER, COUNCILMEMBER PALMER AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER HERTRICH, COUNCILMEMBER JAECH, AND COUNCILMEMBER KASPER OPPOSED. NIX AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH R.J. CUSTOM STAGE.LIGHTING FOR CENTENNIAL GALA VEN 5,000 I M I N HE C NSEN AG ND AUTHORIZATION FOR MAYOR TO SIGN RENTAL AGREEMENT WITH SNO-KING ICE ARENA FOR CENTENNIAL GALA VENT 2,400 [ITEM J N THE CONSENT AGENDAj COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEMS (I) AND (J) CONTIN- GENT UPON THE MAYOR'S DETERMINATION THAT SUFFICIENT ELECTRICITY WILL BE PROVIDED FOR THE SHOW TO BE PERFORMED. MOTION CARRIED WITH COUNCILMEMBER JAECH OPPOSED. EDMONDS CITY COUNCIL MINUTES Page 9 AUGUST 7, 1990 APPROVAL OF HIGHWAY 99 AGREEMENTS geFCormnunity Services Director Peter Hahn stated that on July 20, 1990, the Transportation Improve- ment Board (TIB) approved the application for predesign of Highway 99 improvements. The TIB will fund 80% of the costs. The Council previously reviewed this agreement. The City's part of the local share of predesign ($25,575) will be paid from the Arterial Street Fund 112-200, and the project is included in the Six -year Transportation Plan. No funds have been appropriated for 1990 and the appropriation needs to be made at this time. Included in the Council packets was another agreement for consultant services for the development of landscaping standards for any future development or redevelopment of frontage along Highway 99 and for public improvements, as well. The City's share of the costs would be $5,000, which was budgeted in the Planning Division 1990 budget. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE BOTH AGREEMENTS. In response to a concern by Councilmember Kasper, Community Services Director Peter Hahn said the Executive Committee will be chaired by Mayor Naughten and issueswill be processed expeditiously. Councilmember Palmer noted that item 6 on page 3 of the agreement states that the Department of Transportation (DOT) will commit at least $1.2 million to the project, but page 10 only states that DOT shall fund 1.2 million. Mr. Hahn said that was a scrivner's error, and District I Admin- istrator Ron Anderson stated at the executive committee meeting on June 28 that there is a strong likelihood that another $1 million will be committed in 1991. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, COUNCILMEMBER JAECH, COUNCILMEMBER KASPER, COUNCILMEMBER PALMER, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER NORDQUIST OPPOSED. REQUEST FOR APPROVAL OF JOINT PROJECT WITH EDMONDS SCHOOL DISTRICT TO INSTALL PEDESTRIAN SIGNAL N PUGET DRTV_ City Engineer Bob Alberts stated that the Edmonds School District will be opening Olympic Elemen- tary School this fall, which created the need for safety of the children crossing Puget Drive. P The District and City Staff recommend the installation of advanced yellow flashing lights approxi- mately seven hundred feet on each side of the crossing and that the existing flashing light at Olympic View Drive be converted to allow the signal to stop traffic in all directions. The pro- posal is to install a switch in an enclosed key -protected box which only the school's crossing guard can activate. The proposal is for the City to purchase and install all materials with the School District reimbursing the City for all material costs. The recommendation to the Council was to approve the joint project with the School District and appropriate $6,000 from Fund 112 ending cash balance, to be reimbursed by the School District. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE THE JOINT PROJECT WITH THE SCHOOL DISTRICT AND APPROPRIATE $6,000 FROM FUND 112 ENDING CASH BALANCE, TO BE REIM- BURSED BY THE SCHOOL DISTRICT. MOTION CARRIED. MAYOR Mayor Naughten said an emergency situation has arisen to demolish the main house in Hutt Park immediately rather than in two weeks because of a series of vandalism acts and a concern that it may get torched. He said formal bid calculations were received for both houses at $16,674, $19,655 and $64,860. Mayor Naughten said the Engineer's estimate was $12,000, but he asked the Council to accept the $16,674 bid in order to expedite the matter. Councilmember Palmer noted that the Historical Society is interested in salvaging items in the house for display at the museum. City Engineer Bob Alberts said the bid package was put together with full salvage value, but Staff looked into the matter with the contractor and Mr. Alberts believed it would be all right to get that material the next day. Councilmember Nordquist noted that demolition of the house was discussed with Staff Tuesday morning (August 7) and it has escalated to an emergency situation since then. Although he said he was not trying to obstruct the process, he thought the Council should receive more information when bid responses are received. He did not think the situation required an emergency response. Councilmember Hertrich commented that it was his under- standing that the situation was not an emergency, and the matter was brought to the Council imme- diately because it could be addressed that evening rather than waiting for two more weeks before the Council met. EDMONDS CITY COUNCIL MINUTES Page 10 AUGUST 7, 1990 COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO AWARD THE BID TO THE LOWEST BIDDER. A ROLL CALL VOTE WAS TAKEN. MOTION FAILED WITH COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, AND COUNCILMEMBER JAECH IN FAVOR; COUNCILMEMBER NORDQUIST, COUNCILMEMBER-KASPER, COUN- CILMEMBER PALMER, AND COUNCILMEMBER WILSON OPPOSED. COUNCILMEMBER KASPER MOVED TO PUT A GUARD AT THE HOUSE WITH CITY STAFF. MOTION FAILED FOR LACK OF A SECOND. Councilmember Wilson inquired if any of the material in or on the house can be used for other purposes. Mr. Alberts said he did not believe so. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO KEEP THE BIDS OPEN AND GO OUT FOR MORE BIDS. City Attorney Scott Snyder said the motion was improper because the bids were already opened and other bidders would have the advantage of having seen bids of prior bidders. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON„'f0 REJECT THE BIDS. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER NORDQUIST, COUNCILMEMBER HERTRICH, COUNCILMEM- BER KASPER, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER DWYER, COUNCILMEMBER JAECH, AND COUNCILMEMBER PALMER OPPOSED. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER PALMER, TO CALL FOR BIDS AGAIN. MOTION CARRIED WITH COUNCILMEMBER JAECH OPPOSED. Mayor Naughten noted that the party held on Monday night at the Library Plaza Room for people who have lived in Edmonds for over 50 years was attended by over 150 people. COUNCIL COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO EXCUSE COUNCILMEMBER KASPER'S ABSENCE ON JULY 24, 1990. MOTION CARRIED. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO EXCUSE COUNCILMEMBER DWYER'S ABSENCE ON JULY 24, 1990. MOTION CARRIED. Councilmember Palmer suggested that water/sewer exemptions be afforded to mentally disabled peo- ple as well as to elderly people. He requested that the concept be discussed at a Community Services meeting. Councilmember Hertrich requested an executive session on August 21, 1990 to discuss a personnel matter. l Q,e��✓ City Attorney Scott Snyder noted that the meeting with Chambers Cable was rescheduled to Wednes- day at 10 a.m. and Councilmember Palmer cannot attend. He said it would be valuable to have Council representation at that meeting because Carolyn Chambers will be in attendance. Council - member Hertrich said he would attend. The meeting recessed to an executive session at 10:50 p.m. to discuss labor negotiations and adjourned thereafter. THESE MINUTES ARE SUBJECT TO AUGUST 21, 1990 APPROVAL. EDMONDS CITY COUNCIL MINUTES Page 11 AUGUST 7, 1990 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. AUGUST 7, 1990 CALL TO ORDER FLAG SALUTE 1. PRESENTATION OF EDMONDS ARTS COMMISSION ART SCHOLARSHIPS 2. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF JULY 24, 1990 (C) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING HEARING EXAMINER'S DECISION DENYING VARIANCE AT 23319 75TH AVE. W. (REUBLE/FILE AP-6-90/V-7-90) (D) PROPOSED ORDINANCE 2786 AMENDING OFFICIAL STREET MAP TO REDUCE PROPOSED RIGHT-OF-WAY OF 83RD AVE. W. IN VICINITY OF 208TH ST. S.W. FROM 60' TO 50' (APPLICANT: ERIC THUESEN/FILE ST-1-90) (E) REPORT ON QUOTES FOR SURVEY SERVICES AT BRACKETT'S LANDING AND AWARD TO HORTON DENNIS ($5,300) (F) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM ROBERTA LOEKS (AMOUNT UNKNOWN) (G) ADOPTION OF RESOLUTION 705, JOINT RESOLUTION WITH CITY OF MUKILTEO REGARDING FERRY TERMINAL RELOCATION (H) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH AMZ PRODUCTIONS FOR CENTENNIAL GALA EVENT ($3,000) (I) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH R.J. CUSTOM STAGE LIGHTING FOR CENTENNIAL GALA EVENT ($5,000) (J) AUTHORIZATION FOR MAYOR TO SIGN RENTAL AGREEMENT WITH SNO-KING ICE ARENA FOR CENTENNIAL GALA EVENT ($2,400) (K) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF HEARING EXAMINER DECISION APPROVING CONDITIONAL USE PERMIT AND EXTENSION OF PERIOD OF AMORTIZATION FOR A NONCONFORMING USE AS A WOODWORKING SHOP AT 9122 BOWDOIN WAY (MAUSER/HANSON, ET. AL./FILE AP-10-90/AP-12-90/CU-99-89) 3. RECESS - BIRTHDAY CAKE - CELEBRATING EDMONDS' 100TH BIRTHDAY 4. AUDIENCE 5. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING HEIGHT VARIANCE -(25 MINUTES) FOR ACCESSORY BUILDING AT 15805 72ND AVE. W. (APPELLANT/APPLICANT: M. K. BINGHAM/AP-15-90/V-15-90) 6. CONTINUED (SECOND) HEARING ON PLANNING BOARD RECOMMENDATION ON PORTION (40 MINUTES) OF PROPOSED AMENDMENT TO COMMUNITY DEVELOPMENT CODE REGARDING REVISED DEFINITION OF HEDGES (SECTION 21.40.020) (CDC-1-90/CITY OF EDMONDS) 7. COUNCIL INPUT ON DESIGN DEVELOPMENT OF UPLAND IMPROVEMENTS OF BRACKETT'S LANDING 8. FINAL REVIEW ON SEXTON POSITION FOR EDMONDS CEMETERY (CONTINUED FROM JULY 24) 9. APPROVAL OF HIGHWAY 99 AGREEMENTS 10. REQUEST FOR APPROVAL OF JOINT PROJECT WITH EDMONDS SCHOOL DISTRICT TO INSTALL PEDESTRIAN SIGNAL ON PUGET DR. 11. MAYOR 12. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE