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19750121 City Council Minutes• 223 DISCUSSION OF AFFIRMATIVE ACTION PROPOSAL 1 • MOTION: MOTION: MOTION: Fire Chief, Jack F. Cooper, who is also chairman of the Affirmative Action Committee presented the Affirmative Action Plan for the City of Edmonds to the Mayor and council. He reviewed it briefly for the council. He made:".the following recommendations: that the'plan be adopted within 30 days; that the plan be implemented within 30 days of adoption; that a full time person be appointed EEO Officer and to advise the Edmonds.Civil Service Commission of its adoption and to pass a resolution instructing the Commission to follow those parts -of the plan relating to hiring, testing, etc. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN SHIPPEN TO ACCEPT WITH APPRECIATION THE REPORT FROM THE AFFIRMATIVE ACTION COMMITTEE AND SET THIS FOR DISCUSSION ON JANUARY 28TH. MOTION CARRIED. REVIEW OF MUNICIPAL PARKING, INCLUDING WATERFRONT PARKING & PARKING LOT DEVELOPMENT ESTIMATE City Planner, Joe Wallis, presented some printed material to the council and Mayor regarding this matter. He then projected a sketch on the screen showing the proposed waterfront parking plan. This was submitted as an addition to the report made some time ago. Mr. Wallis also displayed a sketch of the proposed parking lot in the vicinity of James Street between 2nd and 3rd. The preliminary cost estimate for that parking lot was also presented. This also included the acquisition cost. Various methods of financing were discussed. Councilman Gellert stated that he would like to proceed to the next step and draft an ordinance. Councilwoman Shippen said that she would like the Kirkland ordinance considered. COUNCILMAN GELLERT THEN MOVED, SECONDED BY UJUNCILWOMAN SHIPPEN TO INSTRUCT THE ATTORNEY TO PREPARE A FIRST DRAFT OF A PARKING ORDINANCE: Councilwoman Shippen asked that this be heard on the 28th of January. MOTION CARRIED. APEX GARBAGE - RATE INCREASE REQUEST M.A.A. Ron Whaley.briefed the council on this item stating that Apex has made a written request for a rate increase. Mr. George Solomon was present representing Apex, and answered questions. Councilman Anderson said that he would like to have a Profit and Loss Statement and Mr. Solomon said that this could be provided within two weeks., Councilman Gellert said that.he would like to have some assurance that it would be at least one year before there would be another request for increase. Councilman Gellert notified the Mayor and wished to go on record to say that the company for whom he works for is discussing the possible sale of equipment to the parent company of Apex Garbage. The attorney advised him that he can still participate and vote. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN BRUNS TO CONTINUE THIS ITEM UNTIL JANUARY 28TH. Councilman Anderson said that they will pass on to Mr. Whaley the information which they desire to have from Apex and Mr. Whaley will then forward this request to Apex. THE MOTION WAS THEN VOTED UPON AND CARRIED. AUTHORIZATION TO BID FOR LIQUID CHLORINE Mayor Harrison stated that this will be a joint bid with Lynnwood and Alderwood MOTION: Water District. COUNCILMAN NORDQUIST MOVED, SECONDED BY.COUNCILMAN WELLING TO SET JANUARY 30TH AT 2:00 P. M. for bid opening. MOTION CARRIED. There being no further business, the meeting adjourned at 10:25 P.M. • IRENE ARNEY MORAN,.CiYy Clerk 1 January 21, 1975 R(1T.T. (AT.T. H. H. HARRISON, Mayor The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison at 7:30 P. M. in the Council Chambers at the Edmonds Civic Center, with all council members present. APPROVAL OF MINUTES The minutes of the work meeting of January 14th had been posted, mailed and distributed. City -Planner, Joe Wallis, noted that on Page 4, Paragraph 3, Line 3, it should read "waterfront parking inventory", rather than waterfront parking plan. The minutes were then approved with this notation. COUNCIL PARTICIPATION Mayor Harrison asked that the item on the January 28th extended agenda with ' regard to a parking ordinance be deleted and placed on the agenda for February 4th, as there has not been sufficient time to prepare the ordinance. 0 22 • MOTION: Councilwoman Shippen noted that the Interlocal Agreement concerning the entitlement funds of the Housing and Community Development Act has fallen through, because the County does not qualify as administrator. She said that we now have the choice of applying for discretionary funds. Assistant City Planner, Kay Shoudy, had prepared a report indicating the steps to be taken on order to get our application in by the deadline, which is March 15th. She also suggested eight possible programs that meet the objectives of the Act. Included in this list is the Senior Center, and Mrs. Shippen pointed out that this would be her suggestion, also. She said that we are in a more advantageous position than some other cities as we have a Planning Department and staff that can assemble the material necessary to make this application. Councilman Welling felt that this is an urban renewal act, and there was discussion on interpretation of the Act and how much staff time would be required to make this application. Mayor Harrison remarked that it was his feeling that a new Senior Citizens Center should be built instead of renovating the present facility, and that he would like to see us move in that direction. Councilman Clement asked what the role of the Community Development.Ta'sk would be now. Mrs. Shoudy stated that they will participate in gathering information for the application. M.A.A. Ron Whaley said that at the Community Development Act seminar which he attended, it had been pointed out. -that because of the time frame for submittal, the cities would be permitted to pick one project rather than developing a housing plan and a three year community development plan. It had been suggested that available funds could be computed at $1.85 per capita, whichoould make Edmonds' share approximately $47,000, if it was done on this basis. Councilman Clement thought perhaps we could apply for a smaller grant, whichcould allow us to take our fair share while still allowing funds available for other communities who would also have worthwhile projects. In answer to questions from the council, Planner Wallis explained the apportionment of time in the Planning Department, and stated that the Citizens' Community Development Task Force.'has a long-term interest as far as future planning efforts of the community is concerned. He said that the work with the Task Force would not detract from be staff efforts in regard to overall planning for the community, and that it is a good gamble. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN SHIPPEN THAT THE CITY OF EDMONDS MAKE APPLICATION FOR DISCRETIONARY FUNDS AND THAT THE PRIORITY PROJECT BE THE SENIOR CENTER. MOTION CARRIED UNANIMOUSLY. Councilman Gellert stated that he had gone through the combined statement of cash for the period ending 12/31/74 and also the budget. He said that he is concerned about discrepancies in figures. He said that when we are 20% off in the amount of cash on hand, we really,.,cannot budget intelligently; and that we must get better at estimating. Mayor Harrison stated that he had the same concern. Councilman Nordquist noted that off-street parking for Dr. Hoover's office is first on the agenda tomorrow night before the Amenities Design Board. Councilman Nordquist suggested that a letter be forwarded to the Board stating that the council has passed an ordinance prohibiting parking on Edmonds Way. City Planner, Joe Wallis, said that he had been on the site last week and the paving is done and there is no immediate problem regarding parking on Edmonds Way. The landscaping is not completed, however, and that is primarily what the Board will be looking at tomorrow night. City Attorney, John Wallace, pointed out that the no parking requirement in the ordinance would not be effective until the street is signed. Mayor Harrison said that he was presenting a salary ordinance for the exempt MOTION] staff positions which were not included in the ordinance two weeks ago. A MOTION WAS MADE BY COUNCILMAN GELLERT AND SECONDED BY COUNCILWOMAN BRUNS TO PASS ORDINANCE NO. 1756 AMENDING ORDINANCE NO. 1755, SETTING THE SALARIES FOR EXEMPT APPOINTED POSITIONS FOR THE YEAR 1975. There was discussion on merit raises and whether there were reviews. Councilman Nordquist stated that he had asked for information on the reviews and was provided with none. THE MOTION WAS THEN VOTED UPON AND CARRIED, WITH COUNCILMAN NORDQUIST VOTING AGAINST. Councilman Gellert notified the council and clerk that he would not be present for the February 4th meeting. 1 1 • 1 • AUDIENCE PARTICIPATION Mr. Robert Pagano stated that as noted in the minutes of January 7th, he made an offer to purchase the property at 8th & Aloha. It was decided at that meeting to put the propnty back out for bid. Mr. Pagano asked for re -consideration of that action. He said that he had talked to the City Attorney, who had told him that it was at the discretion of the council that if no bids were received for a parcel, it could be a negotiated sale or put back out for re -bid. Mr. Pagano further pointed out that the minutes stated4:that the council would like to give Bill•Kasper an opportunity to purchase the property. He said that he knew Mr. Kasper, and that he was not interested in the lot.- Mr. Kasper was present and said that he thought that the money from the sale of this lot should be used to complete the acquisition of the intersection. Following further MOTION: discussion, COUNCILMAN WELLING MOVED, SECONDED BY QDUNCILMAN NORDQUIST TO REAFFIRM THE COUNCIL'S FORMER POSITION. MOTION CARRIED. Mr. Vince Graham, representing General Telephone Company, stated that he did not have a letter of intent regarding a franchise agreement between the telephone company and the City of Edmonds for undergrounding utilities. He said they are willing to deal on an L.I.D. as has been done before, however, he said they .are willing to meet with the City Attorney with regard to a franchise covering the items about which the attorney is concerned as far as liabilities and holding • MOTION: the city harmless, etc. COUNCILWOMAN SHIPPEN MOVED, SECONDED BY (DUNCILMAN 2-5 GELLERT THAT THE ATTORNEY BE DIRECTED TO PREPARE A GENERAL ORDINANCE THAT REQUIRES UNDERGROUNDING BY OTHER UTILITIES, MAINLY WHEN PUD WIRES ARE GOING_. UNDERGROUND IN CONJUNCTION WITH AN OVERALL IMPROVEMENT IN THE STREET RIGHT -OF WAY. The City Attorney explained that the council has the authority to require undergrounding, after an appropriate finding by the council of the necessity,to remove the poles. Councilwoman Bruns stated that she is an employee of the telephone company and will abstain from this discussion. Councilman Nordquist said that he felt the council should 'not act on a report -back made at a meeting, and should set this as an agenda item for another meeting. However, Councilwoman Shippen felt that it had been thoroughly covered at the work meeting. THE MOTION WAS.THEN,VOTED UPON AND CARRIED, WITH COUNCILMAN NORDQUIST VOTING AGAINST. Mayor Harrison said -that he had a liquor license application for the proposed Riviera Restaurant at 101 Main Street. This restaurant is to be operated by MOTION: Jean Branaa, who also is the owner of Henri'de Navarre's. COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILWOMAN BRUNS TO APPROVE THE CLASS H LIQUOR LICENSE FOR THE PROPOSED RIVIERA RESTAURANT. MOTION CARRIED. CORRESPONDENCE The Deputy City Clerk read a letter from William S. Weinmann asking that a petition be prepared for the vacation of property listed on the city street plan as "Undeveloped Street1O, located west of 6th Avenue and the intersection with Elm. Mayor Harrison referred this to the City Engineer for action. Mr. Larson said that he would have the appropriate petition prepared, and report back. The City Engineer said that this property deadends into the limited access portion of SR 104 on the west side and the east side in 6th • Avenue. Councilman Gellert asked if this should be referred to the Planning Commission, as he is generally in favor of street vacations being referred MOTION: to the Commission. HE THEN MOVED THAT THIS MATTER ALSO BE HEARD BY THE PLANNING COMMISSION. COUNCILMAN ANDERSON SECONDED. FOLLOWING DISCUSSION REGARDING VACATION BY PETITION METHOD OR RESOLUTION, THE MOTION CARRIED. Councilman Gellert stated that he is sometimes confused about what generally MOTION: goes to the Planning Commission and what does not. COUNCILMAN GELLERT THEN MOVED, SECONDED BY COUNCILWOMAN BRUNS THAT THERE BE A GENERAL DISCUSSION AS TO WHAT SHOULD BE REFERRED TO THE PLANNING COMMISSION AT THE FEBRUARY 11TH WORK MEETING. MOTION CARRIED. Mayor Harrison read a letter which had been received from Herman Van Lier, Director of the Snohomish County Police Staff and Auxiliary Services Center. They were in the process of compiling an updated list of representatives to that Board for 1975. Police Chief, Marlo Foster; M.A.A. Ron Whaley and MOTION: Tom Johnston were selected by the Mayor. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN ANDERSON TO APPROVE THE MAYOR'S SELECTION. MOTION CARRIED. PRESENTATION BY UNIVERSITY OF WASHINGTON STUDENTS URBAN DESIGN STUDY City Planner, Joe Wallis, said that about one year ago at the request of Councilwoman Shippen, he wrote a letter to Dean Copeland, of the School of Architecture at the University, asking if there was some class that would study the City of Edmonds and its characteristics. Mr. Wallis later met with Professor Rich Unterman and a colleague and theyvere optimistic that a university class could benefit from this experience, as well as the city. A full written report was made and copies had been presented to the Mayor and • council members. Mr. Wallis said that there is a circulating copy in the library. Professor Unterman was present and explained how the study was undertaken. He introduced four students that had taken part in the study; Ronda Skubi, Eric Carlson, John Bernhard and Chaklie Vos. The students were allowed the privilege of working in whatever area they wished ie., the waterfront, and alternatives for the future;'Main Street Analysis and proposals; parks; and bike paths, etc. Each student gave a report on his par itular element of the study with suggestions for improvements or solutions to various problem areas. Mayor Harrison thanked the students for!.their efforts and said that it is a great contribution to the City of Edmonds. He said the staff will now study it and pick out some of the things that we should be implementing. Councilman Gellert asked Professor Unterman if it would be possible for them to supply extra copies of the book, so that they can be sold to the general public in our local book store. OLYMPIC HOTEL HEARING City Planner, Joe Wallis, reported on this matter which is with regard to the building at the northeast corner of 2nd and Bell. He indicated the property on a map which had been projected on the screen. Mr. Wallis stated that this will involve a contract rezone from RMH to BC. The applicant is.Ray Leedy. The basis of the application is the restoration of a historic building. Mr. Wallis showed the Comprehensive Plan in that area and a rendering of the building and a garden which is, -.proposed; views of the building as it appears today and a site plan. Mr. Leedy has restored old building5in the past, is 2.26 MOTION: and one of these projects was also shown on the screen. Mr. Wallis stated that the Building Department and Fire Department have requested that certain requirements be met by December of this year in order for the building to remain occupied. Mr. Leedy has assured us that he can meet these requirements. It has also been agreed that a Building Permit will be issued and it will be reviewed on an annual basis for progress and it will conform to the Building Codes of the City. The building is on the State Historical Register. Mr. Wallis recommended that the city approve the contract rezone as proposed. Councilwoman Shippen asked if there will be a porch added to the building. Mr. Wallis said that there would be and showed this on a sketch. Mr. Leedy said that he plans approximately 30 rooms, but is not certain yet. Building Official, Harry Whitcutt, said that he inspected the building and that there is repair work to be done underneath the first floor. He said the Building Department would ask that an engineer certify the condition of the structure as they have not been inside. There was discussion on the need for an enclosed stairway. Mr. Whitcutt stated that there is some consideration being given by the International Conference of Building Officials to provide a code section that permits some deviations from code requirements for historic buildings. He said, however, that the enclosed stairway will be required in this building. There was further discussion and Councilman Gellert asked if Mr. Whitcutt could come up with some alternate proposals regarding the stairway within the next three weeks. Councilman Welling asked that at the same time perhaps we could take another look at the December mandate to bring the building up to existing code. He thought since we are going to look at the situation regarding the stairway and sprinklering, we might just as well look at this also. Fire Chief, Jack Cooper, said that in discussions with the State Fire Marshall's Office, the building will be sprinklered if it is placed into the category of a hotel. He said that according to that office consideration can be made for an open stairwell. Councilman Gellert thought that every effort should be made to retain all the architectural features of the old building, as long as it is safe. Councilwoman Shippen made some reference to a notation in the Planning Commission Minutes wherein it was stipulated that the interior and exterior plans for the building be incorporated in the site plan, in addition to the landscaping; and reviewed by the Amenities Design Board. COUNCILWOMAN SHIPPEN MOVED, SECONDED BY COUNCILMAN NORDQUIST TO INCORPORATE AT END OF THE SECTION 7 PARAGRAPH (IN THE CONTRACT REZONE AGREEMENT DRAFT) THE STATEMENT "THAT SITE PLAN SHALL INCLUDE LANDSCAPING AND PROPOSED CHANGES TO THE EXTERIOR.AND INTERIOR OF THE BUILDING. Mayor Harrison opened the public hearing. Mrs. Joanne Warner stated that if the building is brought up to code and occupied as a historic money -making structure, it could very well be put on the National Historic Register. In order to do this, the exterior of the building must remain as it was originally. Mr. Leedy said that he intended to follow the old pictures of the building as closely as he could. Councilwoman Shippen pointed out that Mrs. Warner was instrumental in getting this building on the State Historical Register. The hearing was then closed. MOTION: THE MOTION WAS THEN VOTED UPON AND CARRIED. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN CLEMENT TO PASS THE CONTRACT REZONE AGREEMENT WITH THE CHANGES AS NOTED; AND TO INCLUDE ALSO THE ADDENDUM IN EXHIBIT "C" WITH REGARD TO OFF-STREET PARKING. MOTION CARRIED. FORMAT FOR SCREENING INDIGENT DEFENDANTS 1 1 1 , M�A.A. Ron Whaley reported that he had passed out the proposed procedures for screening indigents along with a form to be filled out by the applicant. Mr. Whale* stated that the applicant will obtain the forms from tie Violations Bureau, fill them outsign in front of a Notary and it will then be review by.the Mayor or his assistant. Upon approval or rejection, it is returned to the Violations Bureau Clerk. If the application is approved, the applicant shall present himself and the application to the Defense Attorney at least five days before trial date. If it is rejected, he can present himself and the application before the Municipal Court for review and possible reversal, this also to be done five days before the trial date. City Attorney, John Wallace, said that the application form is basically a combination of the two that are presently in use in this area; one at the South District Court and the other at the Defense Attorney's Office. Councilman Clement asked what guideline would be used to determine whether a person qualifies for indigent defense. The Attorney answered that they will use the same guideline that is used by the South District Court, which is that if a person has an income of less than $4,300 he qualifies. Other than that, he said, it will strictly be concerned with the interpolation of the facts contained in the application ie., number of dependents, other assets available, etc. Councilman Clement suggested that the Social Security number be dropped from the form, and that he sees no reason why -the driver's license number, age and date of birth needs to be included. He also said the financial statement could be simplified, and wondered why it was necessary to know where the assets ware located - whether it was in a checking account, savings account or cash on hand. The Mayor said the form needs more room for real estate. REPORT ON THE SHIPMAN SLOPE EASEMENT 1 City Engineer, Leif Larson, reported that the slope easement had been granted by Mr. Shipman at no cost to the City during the improvement of SR 524. 1 • 227 1 1 • Mr. Shipman is now requesting vacation of that easement. Mr. Larson stated that no building could be put within the slope easement area, but that some time in the future if Route 524 is improved with curbs, gutters, etc., easements would probably still be required. On that basis, he did not recommend MOTION: vacating the easement. FOLLOWING DISCUSSION, COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILWOMAN SHIPPEN THAT THE REQUEST FOR EASEMENT VACATION BY H. L. SHIPMAN BE GRANTED. MOTIONCARRIED, WITH COUNCILMAN GELLERT VOTING "NO". TRAVEL TRZAILER SEWERAGE DISPOSAL MOTION: • MOTION: 1 1 City Engineer, Leif Larson, reported on this matter and said that from time to time they have had requests to provide dumping stations, but they have been denied as there has been no way for the city to control it. However, it thought it best to bring this before the council to be sure that he is acting with the Council's authority by means of an ordinance. COUNCILMAN WELLING MOVED, SECONDED BY COUNCILMAN NORDQUIST TO INSTRUCT THE CITY ATTORNEY TO DELETE THE WORDS "AND/OR IMPRISONMENT" IN SECTION 2. MOTION CARRIED. PRELIMINARY APPROVAL - WHISPERING FIRS #2 - 68TH AVE. W. - PRD-1-74 - NORTH OF NORTH MEADOWDALE BEACH ROAD - ARNE GOEDECKE City Planner, Joe Wallis, reported that this item .had been reviewed before the Planning Commission, the City Council and the Amenities Design Board. The Planning Commission gave preliminary approval with several stipulations. Copies of these minutes had been made available to the council and Mayor. Mr. Wallis again projected a sketch of the proposed development on the screen. He said that the plan shown had been based on photogrametry, which is not as accurate as an actual survey. The final design was based on a survey. This indicated that fewer units would be placed in the two culdesacs exiting onto 68th West. It had been intended to develop the tract as two separate parcels, but it was the recommendation of the Planning Commission that the whole tract be developed as one PRD. Mr. Wallis pointed out that there is a "cloud" over part of the tract since the road is not located in the dedicated right-of-way. It is understood that some time in the future.there will be an additional 10 dwelling units placed on the lower portion. Mr. Wallis stated that the motion that was made by the Planning Commission was for approval of the PRD, subject to the vacation of 164th and North Meadowdale Beach Road; that both parcels be included in the PRD; that the project does not increase the rate of runoff beyond that which is presently established; subject to tree cutting restrictions (trees 8" in diameter and larger) and subject to all engineering and planning requirements. This was preliminary approval, and Mr. Wallis recommended approval under the same conditions. There was discussion between council and Mr. Goedecke and Mr. Donald Westlin, the architect on the project. The discussion revolved around the drainage problems, etc. A letter from Reid, Middleton was read which indicated that the soil in this area would support the flow of water and that there will be no problem with drainage. Council asked if the storm flow will be measured and Mr. Larson stated that it would be before final approval is given. Mr. Larson also stated that there will be a requirement that sewers be provided in the project. There was discussion on where the hookup,would be made. Councilman Anderson said that he is not sure about the`soil conditions on-Ahe.lower portion, and it was pointed out that the Reid, Middleton letter referred to the upper portion of the project and did not address itself to the lower portion at all. There was also discussion on the flow channel and putting in a culvert. Mr. Larson stated that he will require curbs and gutters on the west side of 68th Ave. W. It was pointed out that this would be the time to impose restrictions on the lower area;..if that is the desire of the council. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN ANDERSON THAT COUNCIL ACCEPT THE PRELIMINARY PLAN FOR PRD-1-74, SUBJECT TO ALL THE CONDITIONS OF THE PLANNING COMMISSION AND THE ENGINEERING DEPARTMENT AND SUBJECT ADDITIONALLY THAT THE UNDEVELOPED PORTION OF THE PRD BE CONSTRUCTED IN A COMPATIBLE MANNER IN A SINGLE CLUSTER WITH SUFFICIENT GREEN BELT OFF THE PUBLIC RIGHT-OF-WAY OF NO LESS THAN•25 FEET. Councilwoman Bruns said that she hopes our Engineering Department will determine the rate of runoff and not a firm hired by the developer. MOTION WAS VOTED UPON AND CARRIED, WITH COUNCILMAN WELLING VOTING AGAINST. SET BID DATE: WATER LINE CONSTRUCTION. PHASE III COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN_ANDERSON TO SET THE DATE OF FEBRUARY 20TH ON THIS ITEM. MOTION CARRIED. SET DATE FOR HEARING: PLANNING COMMISSION RESOLUTION 4463 - GENERAL FENCE REQUIREMENTS ZO-16-74 COUNCILMAN NORDQUIST MOVED, SECONDED BY ®UNCILMAN ANDERSON TO SET FEBRUARY 4TH AS THE HEARING DATE ON PLANNING COMMISSION RI SOLUTION #463. MOTION CARRIED. There being no further business to come before council, the meeting adjourned at 11:40 P. M. IRENE VARNEY MORAN, City Clerk H. H.1H RR SON, Mayor 0