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04/03/1990 City CouncilTHESE MINUTES SUBJECT TO APRIL 17, 1990 APPROVAL EDMONDS CITY COUNCIL MINUTES APRIL 3, 1990 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten at the Library Plaza Room, 650 Main St., Edmonds. 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 William Kasper, Councilmember Jeff Palmer, Councilmember Jack Wilson, Councilmember Brian Mason, Student Representative CONSENT AGENDA STAFF Duane Bowman, Asst. City Planner Peter Hahn, Comm. Svc. Director Bobby Mills, Public Works Supt. Jack Weinz, Fire Chief Arvilla Ohlde, Parks & Rec. Mgr. Linda McCrystal, Arts Coordinator Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Items (B), (D) and (E) were removed from the Consent Agenda. COUNCILMEMBER PALMER MOVED, SECOND- ED BY COUNCILMEMBER NORDQUIST, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL �(C) AUTHORIZATION TO PURCHASE FOUR -GAS VEHICLE EMISSION ANALYZER AND ACCEPT BID FROM SUN ELECTRIC CORP. ($4,795.50) (F) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING VARIANCE FOR DECK AT 8818 - 188TH ST. S.W. APPEL- LANT & APPLICANT: LAWRENCE W. WRIGHT) (AP-2-90/V-30-89) APPROVAL OF MINUTES OF MARCH 27, 1990 [ITEM (B) ON THE CONSENT AGENDA] COUNCILMEMBER HERTRICH, referring to page 8, the last paragraph, MOVED, SECONDED BY COUNCILMEMBER Cvr_ KASPER, TO INCLUDE THE FOLLOWING: COUNCILMEMBER HERTRICH INQUIRED ABOUT THE AMOUNT OF ANY DEBT OWED BY THE CULTURAL ARTS DISTRICT. COUNCILMEMBER PALMER SAID APPROXIMATELY $45,000 IS OUTSTAND- ING. COUNCILMEMBER HERTRICH INQUIRED IF THAT IS THE ONLY DEBT OWED AT THIS TIME. COUNCILMEMBER PALMER SAID HE BELIEVED SO. MOTION CARRIED. Councilmember Kasper requested that the following discussion with Mr. Whitely on page 4, between paragraphs 4 and 5 of the minutes be, included: "Councilmember Kasper: Have you seen this simi- lar construction in most of the schools in the 60's? Mr. Whitely: Yes. Councilmember Kasper: �i � Have they done anything about it? Mr. Whitely: No. Councilmember Kasper: Do you know anybody that's done anything about it? Mr. Whitely: No. Councilmember Kasper: That's what I was begin- ning to figure out. Nobody is anticipating a 6.5 at their center. As I understood you the other night to say the shock we're dealing with is --calculations are 6.5, approximately. Mr. Whitely: Well, the earthquake code does not deal in terms of the Richter scale. But my comment the other night was addressing the --if there's a shock, let's say 6.5 to 7, with the epicenter near Edmonds, that I-- I got to saying that these buildings could fall over. But I'm saying that it would suffer severe damage, and that's pretty typical of unreinforced masonry." Councilmember Palmer referred to page 4, paragraph 6, noting that he had asked Mr. Whitely about upgrading the windows in the buildings and not about insulation. He also referred to page 7, paragraph 4, and said he understood that the Council retreat agenda would include an executive session. Council President Nordquist clarified that an executive session'would be scheduled only if needed. Councilmember Palmer requested that an executive session be held to discuss a person- nel matter. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE THE MINUTES AS AMEND- ED. MOTION CARRIED. APPROVAL OF PURCHASE OF WILLIAM MORRIS GLASS SCULPTURE FROM FOSTER -WHITE GALLERY ($5,945.50) t LITEM (D) ON THE CONSENT AGENDA) Councilmember Kasper inquired if the expenditure required for the sculpture will emanate from the Edmonds Arts Commission budget. Parks & Recreation Division Manager Arvilla Ohlde replied affir- matively. She noted that the item was inadvertently placed on the Consent Agenda, and the Commis- sion was prepared to show the Council a slide presentation of the art. Because of a concern regarding the proposed location of the art piece, COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO DISCUSS ITEM (D) AT A COMMITTEE MEETING. COUNCILMEMBER HERTRICH MOVED TO HEAR THE PRESENTATION AT THE END OF THE MEETING IF TIME PERMIT- TED. COUNCILMEMBER KASPER SAID HE WOULD WITHDRAW HIS MOTION BUT WOULD LIKE THE ISSUE TO BE DIS- CUSSED AT A COMMITTEE MEETING IF THE COUNCIL DID NOT HAVE TIME TO DISCUSS IT AT THE END OF THE EVENING. COUNCILMEMBER HERTRICH SAID HE WOULD ADD THAT PROVISO AS PART OF HIS MOTION. COUNCIL - MEMBER KASPER SECONDED THE MOTION. MOTION CARRIED. SET DATE FOR HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING SETBACK ADJUSTMENT FOR DECK AT 1029 EUCLID AVENUE -- LL N N UN I E N THE CONSENT AGENDA Because the appeal was .not filed in a timely manner, COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO DISCUSS THE MATTER' FOLLOWING ITEM (D) ON THE AGENDA. MOTION CARRIED. Mayor Naughten introduced the newly crowned Miss Edmonds, Laurie Lettengarver, in the audience. AUDIENCE Mayor Naughten opened the audience portion of the meeting. Joan Giehl, 307 Caspers St., said she represented a number of people who are interested, in volun- teering their services to disseminate information to the public for the recycling program. She requested funding for a mobile information cart from the recycling grant. i Community Services Director Peter Hahn said the grant has not been received by the City yet and, therefore, the funding request cannot be appropriated directly from the grant monies. He suggest- ed that the monies be appropriated from another source and then reimbursed from the grant monies when they are received. He noted, however, that there was no guarantee that the City will re- ceive the grant, but he was 90% certain that the City is eligible. Councilmember Jaech recommended that the issue be discussed at the Administrative Services Commit- tee meeting next week. Mayor Naughten closed the audience portion of the meeting. Fire Chief Jack Weinz was invited by the Mayor to make an announcement. Chief Weinz stated that the fire rating in the City is the basis for fire insurance rates. He noted that the City was rated in 1978 with a class 5 fire rating but at the request of the City last year, the City was reevaluated and the City's fire protection classification was improved, effective April 1, 1990, from a class 5 to a class 4. Chief Weinz said the improved rating will reduce the fire insurance rating for most commercial properties but will have little effect on residential properties. With respect to the Hutt Park property, Mayor Naughten reported that a stop work order was issued on reroofing of the Hutt house today because infestation of insects was noticed and an indepen- dent inspector was called in. P- Tom King, Facilities Supervisor and Inspector, submitted photographs to the City Clerk for circu- lation to the Council. Mr. King said extensive damage was discovered preparatory to repairing the existing roof. He said upon the recommendation of the Mayor, independent inspector Glen Detherage was called in to inspect the building. Glen Detherage, Buyer's Home Inspection Service, 19707 - 64th Ave. W., Lynnwood, said he was not able to complete the inspection Tuesday because he did not arrive at the house until 4 p.m., but he estimated the inspection would be completed the following day. Mr. Detherage reported his preliminary findings as follows: 1) a large cedar tree within three feet of the south wall of the house will eventually affect the basement wall; 2) decay in some of the windows; 3) decay in the roof rafters and in the front side wall of the bathroom; 4) decay in the roof sheeting; 5) infestation of carpenter ants, termites and beetles throughout the struc- ture; 6) the roof has been leaking for several years, and the walls will probably have decay from water; 7) the supporting structures underneath the house are black, which indicates that there is not proper ventilation. Mr. Detherage suspected that there are termites or some other wood -eat- ing insects in most of the understructure of the house; 8) bare wires are showing on the heating and air conditioning system, and the housing around the furnace is badly', rusted. EDMONDS CITY COUNCIL MINUTES Page 2 APRIL 3, 1990 Mr. Detherage surmised that the furnace is approximately 40 years old, noting that the average life expectancy of a heat exchanger in that type of furnace is 15 to 22 years; 9) there does not appear to be a vent for the bathtub or toilet; 10) installation of the wood stove and fireplace does not appear to comply with the fire code. Mr. Detherage estimated that it would cost between $30,000 and $50,000 to make the necessary repairs. Councilmember Kasper inquired if the beams in the basement were inspected: Mr. Detherage replied affirmatively. He said every area that was inspected with a rock hammer or rod had either dry rot, termites, carpenter ants or beetles. Councilmember Palmer inquired about Mr. Detherage's credentials for inspection of pest damage. Mr. Detherage said he has 36 years experience in the construction business; has been inspecting houses full time for a little over 5 years and part time for 15 years; and is a member of the American Society of Home Inspectors. Councilmember Palmer asked Mr. Detherage if, in his opin- ion, the Hutt house is safe for occupants. Mr. Detherage said the roof could collapse under a heavy snow load. Out of courtesy for the people who were present for hearings, COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO DISCUSS THE ISSUE AT THE END OF THE MEETING. MOTION CARRIED. Mr. Detherage said he has not inspected the electrical system, windows, doors or interior walls or ceiling yet. Councilmember Hertrich inquired if it will be necessary to remove the interior walls to make the necessary repairs. Mr. Detherage said the plaster board upstairs will have to be removed, as well as the floor in the basement. He said extensive excavation underneath the house will be necessary to get under the house. HEARING ON PROPOSED ORDINANCE AMENDING COMMUNITY DEVELOPMENT CODE RELATING TO ACCESSORY DWELLING UN TS Assistant City Planner Duane Bowman reported that the City Council voted on February 27, 1990 to .% conduct a public hearing on a proposed ordinance which would amend the Edmonds Community Develop- ment Code (ECDC) regulations governing accessory dwelling units. He noted that a copy of the memorandum from the City Attorney, which includes the proposed ordinance, was included in the Council packets. Mr. Bowman reviewed the proposed amendments as follows: 1) two year occupancy requirement; 2) occupancy waiver for a physical or financial hardship with the burden of proof resting upon the applicant rather than the City; 3) density limitation; 4) revised covenant that is recorded subse- quent to the granting of a conditional use permit. Mr. Bowman said the question of transferability of a permit for an existing accessory dwelling unit when a home is sold is an issue for the Council to decide. Councilmember Palmer inquired if the covenant can be removed from the title if the owners of a home with an accessory dwelling unit move. Mr. Bowman replied affirmatively. Councilmember Wilson inquired if the occupants of an accessory dwelling unit could continue to live in the unit if the owners sold their home. Mr. Bowman replied negatively. He said the new owner of the home could not apply for a conditional use permit for the existing accessory dwell- ing unit until he/she has resided in the home for two years. Councilmember Hertrich inquired if a relative of the new owner of a home with an accessory dwell- ing unit could move into the unit. Mr. Bowman said that could be allowed if the ordinance was amended to include the provision. Mayor Naughten inquired about the density limitation. Mr. Bowman said the current ordinance allows two separate families to live in a home with an accessory dwelling unit. He noted that "family" is defined by the code as two or more people related by marriage, genetics or adoption, or five unrelated people. He said the proposed ordinance would limit the number of people living in a home with an accessory dwelling unit to one family. City Attorney Scott Snyder clarified that only a relative can live in an accessory dwelling unit if the main part of the house is occupied by more than six related individuals. Councilmember Wilson referred to the physical or financial hardship waiver. He inquired how bona fide hardship will be determined and enforced. Mr. Bowman said an applicant for EDMONDS CITY COUNCIL MINUTES Page 3 APRIL 3, 1990 conditional use permit will be required to provide evidence of a physical or financial hardship to the Hearing Examiner if he/she cannot meet the occupancy requirement. Mr. Bowman said the Hearing Examiner will decide whether or not the information provided substantiates a bona fide hardship. Mr. Snyder said it has been discussed with Staff to require an applicant to provide the financial documents when he/she applied for a mortgage to see how many incomes he/she has indicated. Mr. Snyder said a financial hardship must be unanticipated at the time of acquisition of the site or at the time of the applicant's initial residence. Mr. Snyder said if the appli- cant shows rental income in the loan documents, the hardship was obviously not unanticipated. Councilmember Hertrich requested Mr. Snyder to read the second and third paragraphs on page 1 of the proposed ordinance into the record. Mr. Snyder noted that the "whereas" section of the proposed ordinance is basically legislative findings, and they were included to provide a ration- al governmental basis for the City's action. Mr. Snyder read the two sections into the record. Councilmember Hertrich thought the Council should thoroughly review those two provisions. In response to a question by Councilmember Kasper, Mr. Snyder said the proposed ordinance would limit the number of people residing in a home with an accessory dwelling unit to five or less unrelated individuals or to an unlimited number of related individuals. Mr. Snyder said he be- lieves it is constitutional for the City to limit the use of an accessory dwelling unit to rela- tives. Councilmember Palmer inquired if the proposed ordinance will preclude an elderly couple from moving in with their children. Mr. Snyder replied negatively. He said any person can reside with his or her relatives so long as living quarters with a kitchen are not added. Mayor Naughten opened the public portion of the hearing. Jody Sherin, 7905 - 207th Pl. S.W., said passage of the proposed ordinance or retention of the current ordinance renders any property that is encumbered by a covenant incapable of being mort- gaged or sold. She felt that that provision of the code will leave the City open to a lawsuit. Ms. Sherin said she recently added a kitchen, bathroom, bedroom, and living room to her home. She believed that the code, as written and proposed, is vague and allows the City flexibility to require her to remove those additions if she sells her home. Ms. Sherin requested the City Attorney to include a provision which states that removal of a lock on a door between a home and an addition will restore the home to a single family dwelling status. Ms. Sherin asked what constitutes a kitchen according to the code. Ms. Sherin believed a covenant must provide for the transfer of a conditional use permit to a new owner of the property if all other criteria are met and that there should be no requirement to remove anything if only one family will be living in the house after they purchase it. Ms. Sherin said the citizens would be better served if the City enforced the single family zoning already in place if the City wishes to regulate the number of units in a home. Ms. Sherin noted that the Planning Board suggested that the City remove the conditional use per- mit for accessory dwelling units entirely and simply enforce the laws at the present time, espe- cially since the ordinance allows more than one family to occupy a home. Mr. Snyder said Councilmember Palmer had requested that a provision be included in the proposed ordinance that if the Council wishes to continue to prohibit the transfer of a conditional use permit for an accessory dwelling unit, an owner must apply to the City to have the covenant re- moved before he or she places the home on the market and make the alterations that the City requires. He said the City would then remove the covenant and file it at its own expense. Mr. Snyder said a locked door to an accessory dwelling unit would have to be removed and the kitchen removed in its entirely, excluding the plumbing. Mariana Winn, 16905 - 44th Ave. W., Lynnwood, was opposed to the City regulating what private home owners may do in their own homes. Ms. Winn believed that young couples desiring to buy their first home should be allowed to rent a portion of their home in order to meet the monthly payments as long as the home retained the characteristic of a single family home and parking problems did not occur. She also thought it would be appropriate for elderly couples whose children have left home to allow people into their homes as a way to provide single family living to people who otherwise could not afford to live in that manner. EDMONDS CITY COUNCIL MINUTES Page 4 APRIL 3, 1990 Ms. Winn said she would like the Council to "cool this and think it over and see how much inter- ference you really want to make in private people's lives". Chet Stevens, 19004 - 89th Ave. W., asked what constitutes an accessory dwelling unit. Council - member Dwyer said an accessory dwelling unit is separate from the main part of the house. He said a bedroom that is occupied by someone is not considered an accessory dwelling unit. Mr. Snyder explained that the City does not prevent anyone from renting a room but does prohibit the separation of a dwelling unit that contains a living room, bathroom and kitchen facilities. Mayor Naughten inquired if a structure that is not attached to the main part of the house can be made into an accessory dwelling unit. Mr. Snyder replied negatively. He said a conditional use permit for a guest house without kitchen facilities on private property can be obtained. Mayor Naughten closed the public portion of the hearing. Councilmember Hertrich said the intent of the ordinance is to prevent buyers from purchasing a home and renting a portion of it in order to meet the high cost of home ownership. He recommend- ed that the last sentence in section 20.21.000 on page 2 be omitted. He also recommended that paragraph 2 in section 20.21.015 be omitted. Councilmember Dwyer inquired if it was Councilmem- ber Hertrich's intent to do away with financial considerations in their totality. He wondered if the Council should concern themselves with, for example, a Boeing employee who has lived in his/her home for twenty years and loses his/her job but has the means to convert the home to accommodate a renter for a period of time. He said it appears that the Council can eliminate financial hardship and limit the ordinance to physical hardships or to family members. Councilmember Hertrich said he read an article in the Seattle Times recently which stated that keeping the promises of a single family neighborhood is one of the most important aspects of government and zoning. He said the Council should "take care of the problems in the old code" and if changes are necessary in the future, amendments can always be made. Councilmember Jaech noted that the financial hardship clause was included in the original code to allow senior citizens to rent a portion of their home who could otherwise not afford to stay in their home. She said the two-year occupancy requirement is a deterrent to someone who buys a home with the express purpose of renting it out. Because the issue was becoming more complex, Councilmember Wilson recommended that the Council continue the hearing to another date and, in the interim, the Council should enumerate their concerns in writing and submit them to the City Attorney to draft into a worksheet format for review by the Council. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO CONTINUE THE HEARING TO MAY 15, 1990 FOR COUNCIL DELIBERATION ONLY. MOTION CARRIED. HEARING ON HEARING EXAMINER RECOMMENDATION REGARDING PETITION TO VACATE A PORTION OF THE UNDEVEL- OPED RIGHT-OF-WAY OF PINE SI. ADJACENT T 9 - T V . . ST- - /H RD N Assistant City Planner Duane Bowman reported that during the process of short subdividing their property at 916 = 9th Avenue South, William and Virginia Hardman discovered that their home projects into the undeveloped right-of-way on Pine Street by approximately 3 feet. Mr. Bowman said they filed a petition to vacate that portion of the right-of-way which includes the encroach- ment of their residence. Mr. Bowman said the Hearing Examiner held a public hearing on February 1, 1990 on the petition to vacate a portion of the undeveloped right-of-way on the north side of Pine Street adjacent to 916 - 9th Avenue South. Mr. Bowman said the Hearing Examiner issued his report on February 16, 1990 recommending approval of the requested street vacation, subject to the conditions listed in his report. Mr. Bowman noted that a copy of the Hearing Examiner's report, the petition, a vicinity map, and a site plan were included in the Council packets. Mr. Bowman said it is the recommendation of Staff to adopt the Hearing Examiner's recommendation. Mr. Bowman pointed out on a vicinity map the area where the house encroaches into the right-of- way. Mr. Bowman said the vacation would take place behind an existing hedge, but a substantial portion of the hedge would have to be removed if a sidewalk planned in the area is constructed on the north side of Pine Street in the future. EDMONDS CITY COUNCIL MINUTES Page 5 APRIL 3, 1990 Councilmember Hertrich inquired if the Engineering Department has reviewed the proposal. Mr. Bowman said the Engineering Department supports Staff's recommendation with the proviso that sufficient right-of-way is retained to construct a sidewalk. Councilmember Hertrich noted that Pine Street is misaligned in many locations. He wondered if the road will be realigned in the future or widened. Mr. Bowman said the road is misaligned because of the deeds for the right-of- way. He said there are no plans in the distant future to redesign the road. Mayor Naughten opened the public portion of the hearing. Bill Hardman, 916 - 9th Ave. S., said he discovered that his home encroached into theiright-of- way when Pine Street was developed. He said he would like to subdivide his property !so he can give his daughter several parcels, but he would like to resolve the issue before taking any fur- ther steps. Councilmember Kasper inquired about the legal description of the property. Mr. Hardman said his property is described as lots 29 to 31. Mr. Bowman noted that the property is an old vacated plat. Councilmember Kasper inquired about the zoning. Mr. Hardman said his property is zoned RS-6. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER KASPER, TO UPHOLD THE HEARING EXAMINER'S RECOMMENDATION. MOTION CARRIED. HEARING ON CURBSIDE RECYCLING PROGRAM Community Services Director Peter Hahn noted that representatives from Lynnwood Disposal and Q�r�( Sound Disposal made a presentation to the Council two weeks ago describing the program that would be available to Edmonds residents which is, essentially, a 90 gallon toter on wheels for single family residences. He said service for multifamily dwellings will be phased in. Mr. Hahn said yard waste service will be implemented some time in the future as well. He said rates for the recycling program will be established by the Washington Utilities and Transportation Commission (WUTC). Mr. Hahn said he believed the program will be successful. Mayor Naughten opened the public portion of the hearing. David Wiegand, 8601 - 188th St. S.W., said he thought the program is a good program. Mr. Wiegand said he used to be a resident of Seattle, and he participated in their recycling program. He suggested that Edmonds emulate Seattle's system by "holding the carrot. out in a different direction" by charging an additional amount to people who do not recycle as;an incen- tive to participate in the recycling program. Mayor Naughten said everyone who currently has garbage service will pay recycling fees even if they do not use the recycling service. Mr. Wiegand said Seattle offers a reduced rate for smaller containers. Mr. Hahn noted that Seattle has a significant rate increase for garbage service for a second and third can. He said the proposed ordinance provides an incentive for people to recycle and use smaller containers for garbage. Beth Burrows, 20319 - 92nd Ave. W., was in support of assessing higher rates to people who chose not to recycle and reduce their waste. Ms. Burrows asked why there is no provision to recycle mixed paper. Mr. Hahn noted that mixed paper is proposed in the recycling program. Ms. Burrows inquired if mixed paper will be collect- ed in the same container as other recyclable materials. Mr. Hahn replied affirmatively, noting, however, that an insert will be provided with the toters specifically for glass. Ms. Burrows was hopeful that the City will implement an extensive educational program for yard waste. She suggested that incentives for composting yard waste be available because she believed yard waste comprises 20% of the waste stream during certain months of the year. Wendy Kay, 318 - 6th Ave. S., said she lives in an apartment. She inquired if the recycling program will be available to multifamily dwellings. Don Nicholson, Sound Disposal, said smaller multifamily units will be furnished with toters, but a problem of finding a place for larger containers for multifamily dwellings exists and must be resolved with the owners of those units. EDMONDS CITY COUNCIL MINUTES Page 6 APRIL 3, 1990 Mayor Naughten inquired if the recycling program for multifamily dwellings can be operational in 1990. Mr. Nicholson said it is a possibility. Mr. Hahn said Redmond is the only local city that has implemented a recycling program for multi- family units at the present time. He said a different set of circumstances is presented for multifamily dwellings because there is limited space on site for a dumpster-type container. He noted that the proposed ordinance contains a clause which states that the hauler shall work with the owner of multifamily dwellings, people in planning and zoning, and the County to implement a program that can be phased in. Councilmember Jaech felt it would be inequitable to place the burden of the cost of a recycling program solely on single family residents because she said multifamily units are starting to contribute more to the waste stream. She suggested that owners of multifamily units be charged a premium for garbage service so they will be more inclined to find a space for recycling contain- ers. Mr. Hahn said the City's zoning code will be amended in the future to reflect the need for a space for a recycling container. Councilmember Kasper inquired about the local cities that do not have mandatory garbage service. Lolly Miller, Lynnwood Disposal, said the cities of Bellevue, Issaquah, Clyde Hill, Hunts Points, Yarrow Point, Medina, Mercer Island, and Mountlake Terrace do not have mandatory service but do have mandatory billing. Councilmember Hertrich inquired how everyone will participate in the costs if not everyone partic- ipates in the service. Mr. Hahn said only people who currently have garbage service will be subject to the recycling program and costs. Councilmember Hertrich noted that the haulers, and not the City, will be responsible for the billing process. Councilmember Hertrich inquired if people who do not participate in the recycling program will be charged a premium for their garbage service. Bob Cole, Certified Public Accountant for Sound Disposal, said the rate structure will have incentives to recycle. Tom Trusey, 7629 - 175th S.W., said he did not hear a definitive answer to the question regarding service for multifamily dwellings. Mr. Hahn said the ordinance specifies that a program for those units must be implemented by March 1, 1991. Councilmember Jaech suggested that rates for multifamily units be increased immediately. Mr. Hahn said the WUTC cannot set rates for a service that is not available yet. Mr. Trusey did not believe the Council could vote on the issue until the question regarding multi- family units is fully addressed. Ms. Miller noted that there are rates pending with the State for multifamily dwellings that will be determined within the next few weeks. She said approximately twenty of the owners of multifam- ily dwellings will be contacted after the rates are set to set up a recycling program. Ms. Mill- er said a recycling program for multifamily dwellings must be tailored to the needs of that par- ticular building. She noted that Snohomish County dump fees are going to increase substantially but recycling rates will be lower than garbage rates, which will create an incentive to recycle. Councilmember Jaech recommended that the haulers make a presentation to the Planning Board so they can resolve the problems that are associated with existing multifamily dwellings. Mayor Naughten closed the public portion of the hearing. Councilmember Kasper thought the public should be made aware of the recycling program once the intricacies are worked out via the water bill and then hold a public hearing because he did not think they fully understand the program. Mr. Hahn said a notice will be sent to every water, customer in the next ten days, and information regarding the recycling program can be included in that special mailing. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO GIVE NOTICE, AS DISCUSSED, INCLUDING HYPOTHETICAL SCENARIOS AND RATES TO THE PUBLIC AND MOVE THE PROPOSED ORDINANCE ADOPT- ING CURBSIDE RECYCLING TO MAY 15, 1990 AND HAVE A COMBINED PUBLIC HEARING AT THAT TIME. Councilmember Palmer believed Staff needed the following input to carry out the directive of the Council: 1) establish rate structures that encourage recycling and that are higher for a second or third container; 2) provide an incentive to reduce the waste stream in the rates; 3) phase EDMONDS CITY COUNCIL MINUTES Page 7 APRIL 3, 1990 in a recycling program for multifamily dwellings; 4) review the rates after the program has been on line for one year to ascertain the success of the program. MOTION CARRIED. PROPOSED ORDINANCE ADOPTING CURBSIDE RECYCLING PROGRAM Community Services Director Peter Hahn stated that an ordinance drafted by Staff, with -consider- able input from the two haulers (Lynnwood Disposal and Sound Disposal) was included in -the Coun- cil packets. It is strictly an ordinance providing direction and intent. There is no contractu- al relation between the City and the haulers. The power in this ordinance is only in the City's ability to exercise its statutory options in providing recycling through other alternatives. The major issues are: 1) should the cost of recycling be spread among all garbage customers or only those who choose to recycle? 2) should the City prohibit residents from placing yard waste in their regular garbage? Virtually all cities implementing recycling have provided for rates to be spread among all custom- ers and have prohibited yard waste from being introduced into the garbage. It is very probable that the WUTC, in setting rates for haulers, will require recycling to be part of the rate and not to be simply an added available service. Mr. Hahn recommended that section 7.70.090 of the proposed ordinance be revised to simply state that it is prohibited to discard recyclable materials and/or yard waste together with regular garbage. He said haulers can enforce that provision by not picking up containers that have that mixture of materials. Mr. Hahn pointed out that section 7.70.030(J) provides for different sized containers and commen- surate rates. Mr. Hahn said Lolly Miller of Lynnwood Disposal requested that the last sentence in section 7.70.030(D) be omitted. The Council did not object. Councilmember Jaech inquired if service for yard waste will be prohibited. Mr. Hahn replied negatively. He clarified that yard waste will not be allowed to be commingled with regular trash. Councilmember Hertrich referred to section 7.70.030(C). He asked what -guarantees will be made that recyclable materials will not be deposited in the landfill in Kiickitat County. Mr. Hahn said that provision will be workable only if the County adopts a policy to not accept recyclable materials at the landfill. He said, however, special circumstances may arise when the haulers must dispose of recyclable materials in a landfill with County permission and WUTC approval. With reference to section 7.70.030(D), Councilmember Hertrich inquired if there is a means to collect waste oil. Mr. Hahn replied negatively. He said there may be a market in the future for waste oil, though. Councilmember Palmer said he would be more comfortable if collection of waste oil, plastics, and other recyclable materials was an option of the City and not the hauler. Mr. Hahn said the City could require the hauler to collect those materials but haulers do not typical- ly provide that service. COUNCIL INPUT TO PREDESIGN OF BRACKETT'S LANDING UPLAND IMPROVEMENTS i'41�Parks & Recreation Division Manager Arvilla Ohlde reported that Atelier, P.S., the consultant firm preparing predesigns for Brackett's Landing uplands park development, will hold four public meetings to gather information and present proposals to develop the schematic designs of the waterfront park uplands. Ms. Ohlde introduced Janice Snowey from Atelier, who was present to obtain ideas and recommenda- tions from the Council for preparation of the final design. Ms. Ohlde noted that the City would like to secure the 1990 Coastal Zone funds on June 15, 1990. Ms. Snowey said the idea of an interpretative facility has been discussed but the concept is very nebulous. She requested Council input so that three schematic plans can be drafted with cost estimates. The Council discussed the proposed improvements with Ms. Snowey and recommended the following: 1) do not expand the restroom facilities towards the point; 2) construct a natural amphitheater (possibly of logs) as close to the restrooms as possible; 3) provide parking for handicapped EDMONDS CITY COUNCIL MINUTES Page 8 APRIL 3, 1990 people and an unload zone for busses; 4) provide short-term and medidm-term parking and discour- age extended parking; 5) do not extend the blacktop north of the existing building; 6) construct a small attached structure to the existing building that is low in profile; 7) reface the exist- ing building so that it looks less mechanical and more natural and provide more landscaping around it; 8) install a telephone and drinking fountain; 9) redesign the buildings so they are handicap accessible; 10) provide a shuttle for divers from the downtown area to the underwater park. APPROVAL OF PURCHASE OF WILLIAM MORRIS GLASS SCULPTURE FROM FOSTER -WHITE GALLERY ($5,945.00) I EM D CONSENT G ND dlll Winn Bainbridge, Edmonds Arts Commission, said it became obvious when the Commission recently PXvz�photographed and cataloged the City's art collection that the collection is reminiscent of the Northwest environment. She said the sculpture by William Morris that was selected by the Arts Commission continues with that theme. Ms. Bainbridge said the Commission recommends that future purchases of artwork be of substantial quality, of educational value to the community, and be concentrated in public places. Ms. Bainbridge noted that Washington State is fast becoming the world capital of glass art be- cause of the reputation of artists in the Pilchuck Glass School in Stanwood. She said William Morris has been a student, assistant, teacher and artist -in residence at Pilchuck during the last thirteen years. His works are being collected around the world. Ms. Bainbridge said the Commission recommends the purchase of William Morris' "Stones" for the upper library foyer. She said a specially designed display case will provide a secure showcase for the glass art. The builder has been recommended by Foster -White Gallery, and fabricated the cases used for the glass sculpture collection at Pacific First Center in Seattle. Ms. Bainbridge introduced Chrisse Bennett from the Arts Commission. Ms. Bennett said the Commission is very excited at the prospect of purchasing William Morris' work. She said he is a young man in his thirties. He studied in California and eastern Washing- ton, as well as with D"ale Chihuly at the Pilchuck Glass School. She noted that because he is an artist that is making his debut, his work is affordable at the present time but it will increase in value over the years. Ms. Bennett said the creation of glass work involves more than one person because it requires physical labor. She said the art is so fragile in its developmental stage that perhaps only 50% of the pieces are suitable for display. Ms. Bennett showed a slide presentation of four the piece that was selected (shown in the slide "Stones". She said the rocks are beautiful and an artistic background to appreciate them. art pieces created by William Morris. She said presentation) is a cluster of three rocks called appealing because a person does not have to have Ms. Bennett said the plexiglass case that will house the artwork will rest on a base and be locked and bolted to a wall for security reasons. She said the Commission would like to place a placard on the wall next to the artwork explaining the piece and giving background information. She noted that the Commission has funds set aside to purchase the artwork and ancillary items associated with it. Councilmember Hertrich thought an area more accessible to the public, such as the entrance to the library, would be a more appropriate place for the artwork. Ms. Bennett said the Arts Commission feels that the upper library foyer has a great deal of public exposure. She noted that the Com- mission intends to place artwork that will be purchased in the future in the downstairs area near the Anderson Center and in the garden area. Councilmember Palmer was concerned that the artwork could be damaged where it is proposed to be located. Ms. Bennett said the plexiglass case is solid and cannot not be accidentally moved. In addition, she said the artwork was selected because it is sturdy and can withstand public view- ing. Councilmember Palmer inquired if the plexiglass could withstand an attempt to break the glass and steal the art. Ms. Bennett said the glass is the same protective covering that is used at the Pacific First Center in Seattle, which has thirty-five pieces of artwork on display, and she was certain it could withstand any robbery attempt. Ms. Bennett requested the Council to approve the purchase of the artwork selected by the Commis- sion. EDMONDS CITY COUNCIL MINUTES Page 9 APRIL 3, 1990 COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE THE PURCHASE OF THE WILLIAM MORRIS SCULPTURE. MOTION CARRIED. SET DATE FOR HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING SETBACK ADJUSTMENT FOR BECK AT 1029 EUCLID AVENUE (AP-51-89/APPELLANT: DON DUNC N M (E) ON THE CONSENTAGENDA Councilmember Palmer did not feel it.would be proper to set a date for the hearing because the appeal did not meet the appeal requirements. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO REJECT THE APPEAL. MOTION CAR- RIED. DISCUSSION OF HUTT HOUSE Tom King, Facilities Manager and Inspector, said the preliminary inspection report revealed that there is insect infestation in the house and that structural support to the walls is necessary if the roofing job is to be continued. Mr. King said there is a possibility that the tenant's belongings could be damaged if repairs are continued. Councilmember Wilson said he would be more comfortable if the City obtained a second opinion from a qualified individual. Councilmember Hertrich shared his sentiment. Councilmember Kasper said he was familiar with Mr. Detherage's work and felt comfortable with his findings. Councilmember Kasper thought the cost to make the necessary repairs was prohibitive. He believed the park should be used more as a public park. Councilmember Jaech wanted her decision to be based solely on unbiased information, and she re- quested that a second opinion be obtained. Councilmember Jaech said she would vote to make the necessary repairs because the citizens of Edmonds wanted to retain the house. I Councilmember Palmer said until a second opinion is obtained, Staff must take protective measures to insure the safety of the tenant and his personal belongings. He said the Mayor, with input from Staff, must ascertain whether occupancy should be temporarily discontinued. Mayor Naughten said the City must temporarily relocate Mr. Hennessey until the inspection is completed because his safety could be endangered. Councilmember Dwyer thought it would be appro- priate for Staff to arrange for Mr. Hennessey to stay in a motel that is equivalent to the accom- modations the City arranges when a guest visits the City. Councilmember Wilson said he would have the utmost confidence in Doug Herman's recommendation for a builder to inspect the house. Mayor Naughten asked Mr. Hennessey if he could be contacted tomorrow morning. Mr. Hennessey said he could be contacted at work. MAYOR I Mayor Naughten said the 106th year post office celebration was well attended. j Mayor Naughten said a ceremony was held in the Library Plaza room last Saturday for citizens who have consistently voted for the last fifty years. COUNCIL Councilmember Jaech requested that the meeting with the Snohomish County Council be ,scheduled after May 7, 1990 so that everyone on the Council can be present. Councilmember Jaech felt it would be more beneficial if the University of Washington Waterfront Study presentation was made before the Council as a whole rather than individually., ounciImember Palmer said he was concerned about the tree that was chosen for the Centennial Plaza because it has two tops. Parks & Recreation Manager Arvilla Ohlde said the tree has al- P-_4d ready been planted. She noted that it is designed not to exceed 25 feet in height. I She said Staff will trim it when necessary. Councilmember Palmer was concerned that the tree will never i EDMONDS CITY COUNCIL MINUTES Page 10 APRIL 3, 1990 grow straight. Ms. Ohlde said the tree was recommended by a tree expert, but she said she would ask park maintenance to look into the matter. Because there was a conflict with respect to the Council's goals listed in the 1990 Centennial Year Goals pamphlet, Councilmember Palmer suggested that the pamphlet not be distributed until the conflict is resolved. Mayor Naughten noted that Resolution #697 is in recognition of the opening of the Edmonds Communi- ty College campus in Kobe, Japan on April 10, 1990. COUNCILMEMBER WILSON MOVED, SECONDED BY MAYOR NAUGHTEN, TO ADOPT THE RESOLUTION. MOTION CARRIED. The meeting adjourned at 10:25 p.m. THESE MINUTES ARE SUBJECT TO APRIL 17, 1990 APPROVAL. 3AC ELINE G. PIARRETT, City Clerk LARRY S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 11 APRIL 3, 1990 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7 :0 0 - 10: 00 P.M. APRIL 3, 1990 i CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF MARCH 27, 1990 (C) AUTHORIZATION TO PURCHASE FOUR -GAS VEHICLE EMISSION ANALYZER AND ACCEPT BID FROM SUN ELECTRIC CORP. ($4,795.50) (D) APPROVAL OF PURCHASE OF WILLIAM MORRIS GLASS SCULPTURE FROM FOSTER -WHITE GALLERY ($5,945.50) (E) SET DATE FOR HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING SETBACK ADJUSTMENT FOR DECK AT 1029 EUCLID AVENUE (AP-51-89/APPELLANT: DON DUNCAN) i (F) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING HEARING ON APPEAL OF HEARING EXAMINER REGARDING VARIANCE FOR DECK AT 8818 188TH ST. S.W. (APPELLANT & APPLICANT LAWRENCE W. WRIGHT AP-2-90/V-30-89) 2. AUDIENCE 3. HEARING ON PROPOSED ORDINANCE 2766 AMENDING COMMUNITY DEVELOPMENT RELATING TO ACCESSORY DWELLING UNITS 4. HEARING ON HEARING EXAMINER RECOMMENDATION REGARDING PETITION TO VACATE A PORTION OF THE UNDEVELOPED RIGHT-OF-WAY OF PINE ST. ADJACENT TO 916 9TH AVE. S. (ST-6-89/HARDMAN) 5. HEARING ON CURBSIDE RECYCLING PROGRAM 6. PROPOSED ORDINANCE 2767 ADOPTING CURBSIDE RECYCLING PROGRAM 7. COUNCIL INPUT TO PREDESIGN OF BRACKETT'S LANDING UPLAND IMPROVEMENTS 8. MAYOR 9. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE (60 MINUTE'S) (20 MINUTES) (30 MINUTES)