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19761116 City Council Minutes• COUNCIL PARTICIPATION (7:32 p.m.) Councilman Nordquist asked if the Council would be scheduling any budget discussions prior to the MOTION: December l budget hearing. Following some discussion, A MOTION WAS MADE BY COUNCILMAN.NORDQUIST, SECONDED BY COUNCILMAN CARNS,-THAT-.BUDGET DISCUSSION BE HELD NOVEMBER 15, 24, AND 29,.AT 7:00 PM., IN THE COUNCIL CHAMBERS, THE.FIRST DISCUSSION TO COVER POLICE, FIRE, AND PARKS AND RECREATION. MOTION CARRIED. Councilman Carns asked if the performance analyses would be received from the Mayor's office prior to salary reviews, as moved and approved last December. Mayor Harrison replied that they would be furnished. Mayor Harrison proclaimed November 15-22 as Edmond's Fall Clean-up Week. Mayor Harrison announced that Margaret Bernhoft's term on the Amenities Design Board expired MOTION: November 6 and he would like to reappoint her to the same position.. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN CLEMENT, TO CONFIRM THE MAYOR"S REAPPOINTMENT OF MARGARET BERNHOFT TO POSITION 3 ON THE AMENITIES DESIGN BOARD, TERM TO EXPIRE NOVEMBER 5, 1981. MOTION CARRIED. REPORT FROM STAFF RE ADEQUACY, PERMANENCY, AND LONGEVITY OF PAVING PROJECTS (7:45 p.m.) City Engineer Leif Larson had prepared a memorandum regarding paving projects. He explained that prior to 1970 the City had a policy of not participating in street improvements unless they were constructed to permanent standards. Streets were maintained in their existing conditions and residents were required to finance any improvements. As a result, there was very little activity in LID's and the streets were in poor condition. Using City funds only for final improvements resulted in a limited number of streets being improved and it was, therefore, suggested that the City direct street funds and one-half cent gas tax money towards resurfacing City streets. The City adopted this policy in 1970 and these funds went toward improvements in putting lifts on streets. Mr. Larson displayed maps indicating where the monies have been directed in recent years and describing the kind of work which has been done. He said the result has been • that very few people have petitioned for LID's. In his memorandum he indicated the costs for each type of improvement and areas which had been done. He said the total spent on the program out of street funds was $197,231 and the total -out of the one-half cent gas tax money was,$646,705. The question was raised as to the effect of putting lifts over concrete surfaced streets. Mr. Larson said cracks -do occur because of expansion and it doesn't look good but the street is still usable. He said the joints must be watched and joint sealer put in where necessary. There was some discussion regarding length of life of this kind of lift. Mr. Larson said he had checked with the Highway Department and they said in heavy traffic areas the lifts sometimes last 6 to 8 years. He said though that he would like to see more of the major arterials have final improvements. He said, also, that they are looking into another aspect of reduced cost --.that the City of Seattle has put down a slow -cure type of asphalt which is less expensive.. They put down a 1" to 1z" lift and -leave it for * a year and then put a chip seal on it. Mr. Larson said the total costs about 2/3 less than what regular asphalt would be. Councilman Gellert inquired about standards when a good street is cut into, by a building contractor for example, and then is not returned to its good condition. 'Mr. Larson said that builders often try to get a contractor to do the repair, or do it themselves, and they are not qualified and the result is a poor quality repair. He said he is trying to work out with the Public Works Department a program wherein their crews do the repair work. He said they have been to road builders school and are doing excellent work in patching. He felt the City should tell the builders they must pay a certain sum and the City will do the work. He felt strongly that the City MOTION: would benefit from such a program. A MOTION WAS MADE BY COUNC'I.LMAN GELLERT, SECONDED BY COUNCILMAN CARNS, THAT THE CITY ENGINEER BE ENCOURAGED TO PURSUE THE POLICY OF HAVING THE CITY CREWS REPAIR CUTS IN CITY STREETS MADE BY CONTRACTORS. Councilman Carns said he had heard from the Director of Public Works, both the previous one and the present one, that the conditions of the streets are not keeping up with the funding and that there will be severe problems with the streets in 10 to 20 years, especially if we have severe weather. Mr. Larson replied that it could be sooner than that and cited some examples. He said he recommended that the Public Works and Engineering Departments make a condition survey of all streets in the City to determine the financial alternatives for future maintenance and improvement programs. Councilman Anderson also noted that some projects • seem to have differences in the quality of the final surfaces. Mr. Larson could attribute that only to the different people doing the work --some do better work than others. He said the time of year MOTION: it is done also could have an effect. THE MOTION THEN CARRIED. A MOTION WAS THEN MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, THAT THE CONDITION SURVEY RECOMMENDED BY THE CITY ENGINEER BE ACCOMPLISHED AND THAT A REPORT BE MADE AT THE APRIL 5, 1977 MEETING. MOTION CARRIED. NEW CRIMINAL CODE (8:20 p'.m.) City Attorney Wayne Tanaka said the new criminal code is at the preliminary revision stage. He said it will be referred to the Police Department for review and comment before being presented to the Council. There was no .further business to come before the Council, and the meeting adjourned to Executive Session at 8:25 p.m. IRENE VARNEY MORAN, C ty Clerk H. H. HARRISON, Mayor November 16, 1976 The regular meeting of the Edmonds City Council was called to order at 7:40 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Harve Harrison, Mayor Max Gellert _ J. Herb Gilbo, M.A.A. • Ray Gould Leif Larson, City Planner * See November 16 minutes for correction. S November 16, 1976 (Continued) STAFF PRESENT (Cont.) • Phil Clement John Nordquist Robert Anderson Tom Carns Mike Herb CONSENT AGENDA (7:41 p.m.) Joe Wallis, City Planner Noelle Charleson, Asst. City Planner Jack Cooper, Fire Chief Lila Crosby, Finance Direct JohhWallate.-:City Attorney Jackie.Parrett, Deputy -City Clerk City Engineer Leif Larson asked that Item (A) be removed from the Consent Agenda, and Mayor MOTION: Harrison asked that Item (B) be removed from the Consent Agenda. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN ANDERSON, THAT THE BALANCE OF THE CONSENT AGENDA BE APPROVED. MOTION CARRIED. The balance of the Consent Agenda contained the following: (C) Set dates for hearings on Planning Commission Resolutions: (1) Set December 7 for hearing on P.C. Resolution 534, recommending approval to remove 4th Aven., north of Howell Way for a distance of 310.44', from Official Street Map. File ST-16-76 (2) Set December 7 for hearing on P.C. Resolution 535, recommending denial of a proposal to reduce right-of-way of Howell Way from 55' to 50', deleting 5' from present 10' dedication requirement from north side. File ST-17-76 APPROVAL OF MINUTES OF NOVEMBER 9, 1976 (Item (A) on Consent Agenda) City Engineer Leif Larson noted that on page 2 of the minutes, almost half way. down the first paragraph, the sentence reading "... the total costs about 2/3 less than what regular asphalt would be." Should be corrected to the total costs about 1/3 less than what regular asphalt • would be." AUTHORIZATION TO CALL FOR BIDS FOR REPLACEMENT OF FIRE HOSE, AS BUDGETED (Item (B) on Consent Agenda) Mayor Harrison said the Fire Chief had recommended a bid opening date of November 29 previously MOTION: and now was requesting the bid opening date to be December 6. A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CARNS, TO AUTHORIZE A CALL FOR BIDS FOR 1,000 OR MORE FEET OF 32" HOSE ON DECEMBER 6, 1976. MOTION CARRIED. COUNCIL PARTICIPATION (7.43 p.m.) Councilman Gould said he would not be present at the November 29 budget discussion. He also noted that Ed Robinson, Chairman of the Board of Adjustment, had requested the Council's consideration _ MOTION: of expanding the number of positions on the Board.of Adjustment. A MOTION WAS MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN ANDERSON THAT DISCUSSION OF THE PROPOSED EXPANSION OF THE NUMBER OF 'POSITIONS -ON THE BOARD OF ADJUSTMENT BE SET FOR THE NOVEMBER 30 WORK MEETING. MOTION CARRIED. Councilman Carns suggested that Ed Robinson be notified -of this item and that the Council rule of no audience participation be excepted for that meeting. Mayor Harrison said the City Engineer had requested a bid date of December 9, 1976 at 2:00 p.m. be set_for the Senior Center rehabilitation and expansion. He said all plans and specifications had been reviewed and were ready for bidding, and authorizations had been received from all sources of MOTION: grant funding. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN ANDERSON, THAT DECEMBER 9 AT 2:00 P.M. BE'.'SET FOR THE BID OPENING FOR THE SENIOR CENTER REHABILITATION AND EXPANSION. MOTION CARRIED. Mayor Harrison said the City Engineer also had requested that the hearing for LID 196 be rescheduled from December 7 to December 21 in order to meet the legal notice and publication requirements. MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, THAT THE HEARING DATE FOR • LID 196 BE RESCHEDULED TO DECEMBER 21. MOTION CARRIED. Councilman Clement noted that the October 27 minutes of the Park and Recreation Advisory Board meeting reflected that the Park Board was distressed that .the Council had not gone through them prior to approving the presentation by Larry Bailey. He said this was an incident of a compressed time schedule, and the first the Council heard of it was at that meeting so there was no time to call a Park Board meeting. He felt that when there is such a compressed time schedule and another board has a more direct relationship with the administration that with the Council,,then that responsibility probably lies more with the department than with the Council. M.A.A. Herb Gilbo responded that he had also picked this up from the Park Board minutes and that he had asked the Parks And Recreation'Director to draft a letter for his _and the Mayor's signature summarizing the events that had happened and,why they had been left out.'`He:sai•d,he thought this was a misunderstanding and that when the Park Board sees the schedule of events and the condensed time frame they will understand what had occurred. Mr. Gilbo agreed that the Staff should take a more active role in leading the coordination of separate events such as these. Mr. Gilbo was asked the status of the application regarding the Junior High School'and the Public Works Employment Act, and he said the deadline had been extended to November 26 but i`t did not appear an application would go forward. Mr. Gilbo said the Council had been promised a report if Liberty Cable TV did not give its customers -a credit for the month that they changed the rates and the system was not working properly. He sai-d they had not given the credit, but he would like to bring it for discussion at the November 23 meeting. 1 1 November 16, 1976 (Continued) HEARING ON PRELIMINARY ASSESSMENT ROLL - PAVING LID ON LAUREL WAY, EAST OF 8TH (7:50 p.m.) City Engineer Leif Larson -said the City had received a petition for forming an L.ID for installation of curbs, gutters, and paving of Laurel Way, but there had not been sufficient signatures.to implement it by the petition method. He said'it did have sufficient signatures, frontage, and area so that it was suggested it be heard by the resolution method. He displayed a drawing of the area involved, which is a cul-de-sac. He explained the procedure and how the assessments are computed. He said the total project cost would be $10,619, and zone front foot cost would be $18.42. City Attorney John I.MOTION: Wallace then explained the payment provisions and protest rights.- The public hearing was then opened. David E. Haan of 822 Laurel Way spoke in favor of the LID. No one else wished to speak, and the public hearing was closed. A MOTION WAS MADE.BY COUNCILMAN CARNS, SECONDED -BY COUNCILMAN NORDQUIST, THAT ORDINANCE 1883 BE PASSED, CREATING LID 198 FOR COMPLETE STREET IMPROVEMENTS FOR LAUREL WAY, EAST OF 8TH. MOTION CARRIED. HEARINGS ON P.C. RESOLUTION 525, RECOMMENDING APPROVAL OF AMENDMENT TO OFFICIAL ZONING ORDINANCE TO MAKE PROVISIONS FOR PARKING IN DOWNTOWN COMMUNITY BUSINESS ZONE (FILE ZO-14-76); AND P.C. RESOLUTION 526, RECOMMENDING APPROVAL OF AMENDMENT TO COMPREHENSIVE POLICY.PLAN TO CHANGE PARKING REQUIREMENTS FROM 3 SPACES PER 1,000 SQ. FT. TO 1 SPACE PER 600 SQ. FT. OF GROSS BUILDING AREA (FILE CP-1-76) Mr. Wallis said these two items had been heard before the Planning Commission on August 25 and October 13. He said they are related to the recently defeated downtown parking LID, but are separate issues which should be so -considered. Mr. Wallis reviewed the exhibits to P.C. Resolution 525, the major amendments being: deletion of the grandfather clause, changing the parking requirement -in the BC. zone to one space per 600 sq. ft. of gross building area, creation of a Parking Commission, permitting 20% of spaces provided to be smaller in size for small cars, and complying with landscaping requirements. The public portion of the hearing on P.C. Resolution 525 was then opened. Dave Larson of 2110046th;:P1.W. spoke in favor of the Planning Commission's recommendations, with one exception. He said he would like to suggest that the revision regarding the grandfather clause be changed so that • in the event of a change of ownership or change of use of the structure, that would trigger the requirement for parking. He said one of the reasons why it is now timely that the grandfather clause be phased out is on the basis of equity. He gave as an example two new restaurants in the same area of Edmonds. The:Ri.viera was a remodeled build:i.ng and was not required to have parking, whereas Skipper's,. with a structure less than half as large, was required to provide 10 parking spaces. Gordon Maxwell of 907 Alder asked how a five-year compliance period, -as indicated in the.change to the grandfather section, would be enforced without any changes or applications for bui.lding permits. City Attorney John Wallace said it.could be. done through civil or criminal action. Mayor -Harrison said he thought there should be a provision.that they could pay.into a parking fund in lieu of providing parking requirements. He noted that there have .been some homes converted into businesses which cannot provide parking on the site but will be cons.umer..s of pa'rking,and they should help provide parking at some place. The public portion of the hearing was then closed. The question was raised as to how a purchaser would know of the parking requirements if -he -bought the property through a company not located in Edmonds and which might not be aware of the requirements. Mr. Larson replied that it could become a matter of public record, such as LID's are, so the title companies would pick it up. Another question regarding the change of use category was what would be required if one of several tenants -in a building were to change, as it would be difficult to charge .against 1/7 of the building. Mr. Larson felt the proposed Parking Commission should address such MOTION: problems and establish regulations. AT THIS TIME, A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CLEMENT, THAT P.C. RESOLUTION 525 AND P.C. RESOLUTION 526 BE HEARD TOGETHER, WITH SEPARATE VOTES BEING TAKEN ON EACH RESOLUTION. MOTION CARRIED. The public portion of the hearing was opened for P.C. Resolution 526. No one wished.to speak, and the public portion was -closed. Councilman Anderson noted that there had been no business people at the Planning Commission meeting regarding these items, and there were very few present this evening. He thought they should be aware of the implications of this. The City Attorney was asked about removal of the grandfather clause, and he said it can be removed but there must be some alternatives and time to phase it out. Councilman Herb thought it was not correct to assume that the parking problem will get worse, that there was the • possibility it may not. Councilman Clement asked if it was the Counci l':s responsibility only to solve the problems of today, or to prevent future problems. He said that not knowing what is going to happen, they should provide some kind of solution to the present problem, and if it gets worse they will not have been negligent in not providing something,and if it stays the same they will have done no harm. Councilman Carns felt that, regardless of what the business people had been saying about not needing additional parking, if the City were to offer them four parking'lots in the downtown area MOTION: at no cost to them, they would overwhelmingly agree there is a parking problem. A MOTION WAS THEN MADE BY COUNCILMAN CLEMENT,'SECONDED BY COUNCILMAN ANDERSON, THAT THE CITYATTORNEY BE INSTRUCTED TO DRAFT AN ORDINANCE IN ACCORDANCE WITH P.C. RESOLUTION 525 WITH THE FOLLOWING CHANGES: IN EXHIBIT B, DELETE'". WITHIN FIVE (5) YEARS OF THE EFFECTIVE DATE OF THE ORDINANCE." AND REPLACE THAT WORDING WITH " . . . AT THE TIME OF CHANGE OF OWNERSHIP OR SUBSTANTIAL CHANGE OF BUILDING USE. A FUND SHALL BE CREATED FROM WHICH;BUILD,ING OWNERS MAY PURCHASE THEIR PARKING,REQUIREMENTS." IN EXHIBIT D, CHANGE 1.E..FROM. ''AT,.LARGE MEMBER" TO "AT LARGE MEMBER WHO I&.A,.MEMBER.OF THE CITY COUNCIL." ALSO, MEMBERSHIP TERMS SHALL BE THREE-YEAR, STAGGERED TERMS, WITH A.MAJORITY NOT TERMINATING IN A. SINGLE YEAR. MOTION CARRIED, WITH COUNCILMAN HERB VOTING NO. MOTION: A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN,CARNS, THAT THE CITY ATTORNEY BE INSTRUCTED TO -DRAFT ANiORDINANCE IN -ACCORDANCE WITH P.C. RESOLUTION -526.- MOTION CARRIED, WITH COUNCILMAN"HERB VOTING NO. HEARING ON P.C. RESOLUTION 531, RECOMMENDING FINAL APPROVAL OF COMPREHENSIVE POLICY PLAN FILE CP-3-75 8:51 .m. The final draft of the Comprehensive Policy Plan had been distributed to the Council for review. Councilman Herb said he would like to see it on an agenda for a meeting with nothing else on the agenda, so they could discuss it in depth. The public portion of the hearing was opened, no one wished to MOTION: speak, and the public portion was closed. A MOTION WAS MADE BY COUNCILMAN HERB THAT THIS ITEM BE TABLED UNTIL DECEMBER 14 AND THAT THE ENTIRE MEETING BE SCHEDULED FOR THIS ITEM. COUNCILMAN NORDQUIST (Failed) SECONDED THE MOTION FOR DISCUSSION. City Planner Joe Wallis explained that the Comprehensive Policy Plan had been through several revisions and studies by the Council and that it was evolved over a 0 10 lengthy period of time. He said his preference would be that the plan be adopted and then any • specific matters be referred to the Planning Commission for study. Councilman Herb said he was aware that very much work had gone into this plan, and he was afraid that if it were not discussed in-depth that the Council would not have a good enough understanding of it. It was noted then that a motion to table should not be discussed, so a vote was taken. MOTION FAILED, WITH COUNCILMAN HERB VOTING YES, AND COUNCILMAN CARNS ABSTAINING BECAUSE HE WAS OUT OF THE ROOM WHEN THE MOTION WAS MADE. MOTION: A MOTION WAS THEN MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN NORDQUIST, THAT THE COMPREHENSIVE POLICY PLAN BE ADOPTED. MOTION CARRIED, WITH COUNCILMAN HERB ABSTAINING BECAUSE HE DID NOT WANT TO VOTE AGAINST THE PLAN. APPROVAL OF FINAL PLAT OF "VIEW CREEK ESTATES" (9:00 p.m.) City Engineer Leif Larson requested this item be continued to the meeting of November 23, 1976. MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, THAT THE.FINAL PLAT OF "VIEW CREEK ESTATES" BE CONTINUED TO THE MEETING OF NOVEMBER 23, 1976. MOTION CARRIED. PROPOSED RESOLUTION TRANSFERRING MONIES FOR SMOKE DETECTORS FOR LIBRARY MOTION: MOTION: MOTION: MOTION: MOTION: This item had been continued from the meeting of October 19 because of the pending renegotiation of the contract between the Sno-Isle Regional Library and the City of Edmonds. That had been completed and the contract funds limitation precluded use of any such funds for the smoke detectors. A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CLEMENT, THAT RESOLUTION 371 BE ADOPTED, TRANSFERRING THE SUM OF UP TO $2,000 FROM THE CONTINGENCY FUND.TO THE LIBRARY FUND FOR THE PURPOSE OF INSTALLING A SMOKE DETECTION SYSTEM IN THE EDMONDS PUBLIC LIBRARY. MOTION CARRIED. PROPOSED.ORDINANCE TO ALLOW CITY PLANNER TO REDUCE OR WAIVE THE $50 SEPA THRESHOLD DETERMINATION FEE 9:00 .m. ri City Planner Joe Wallis said the reason for this proposal was that many environmental checklists • received by the Planning Department are for minor actions and the scope of review does not justify the collection of a $50 review fee. He had checked with other suburban communities to see how they were charging.for such services. Based upon that information received and .upon. conversations with the Building Official, he recommended that: (1) fees be waived for those proposed actions that would be categorically exempt if not located in an environmentally sensitive area; and (2) the fee for all other threshold•determination checklist reviews.be $25. His recommendation after surveying other communities differed from his original recommendation, so, -the proposed ordinance was required to be redrafted. A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN HERB, THAT THE CITY ATTORNEY BE INSTRUCTED TO REDRAFT THE PROPOSED ORDINANCE TO REDUCE OR WAIVE THE $50 SEPA THRESHOLD DETERMINATION FEE IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE CITY PLANNER. MOTION CARRIED. REVIEW 0 F•1977 HUD BLOCK GRANT PROGRAM AND COMMUNITY NEEDS QUESTIONNAIRE (9:06 p.m.) Assistant City Planner Noelle Charleson reviewed the HUD Block Grant Program and said Edmonds participates through Snohomish County. She displayed a chart indicating the 1977 HUD block grant time line and explained that almost a year's process was involved from.the beginning in July to the submission to HUD in April. She .explained that a community need questionnaire is submitted and that a proposal cannot be submitted later that was not indicated as a community need on the questionnaire. She said the staff had drafted a recommended answer to the questionnaire, which she had distributed to the Council. She asked for the comments of the Council regarding the draft. Discussion followed, after which the following motions were made: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN HERB, TO DELETE THE PUBLIC TRANSIT NEED AND ADD BEAUTIFICATION AND HISTORIC PRESERVATION. MOTION CARRIED. A..,MOTI,ON,,WAS MADE BY COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN CARNS TO ADD BETTER HOUSING FOR LOW -MODERATE INCOME HANDICAPPED. MOTION CARRIED. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN HERB, THAT THE QUESTIONNAIRE BE SUBMITTED AS REVISED.. MOTION CARRIED. Miss Charleson added that the • discussion regarding what programs are to be submitted is scheduled for the November 30 work meeting and she suggested the Council give some thought as to what projects they would like to see funded. There was no further business to come before the Council, and the meeting adjourned to Executive Session at 9:30 p.m. IRENE VARNEY MORAN, Ci y Clerk H., H. HARRISON, Mayor November 23, 1976 The regular meeting of the Edmonds City Council was called to order at 7:40 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All•present•joined in the flag salute. _ PRESENT ABSENT STAFF PRESENT Harve Harrison, Mayor John Nordquist J. Herb Gilbo, M.A.A. Ray Gould Leif Larson, City Engineer Phil Clement Joe Wallis, City Planner Max Gellert Noell'e Charleson; Asst. City Planner Robert Anderson Dick Allen, Asst. City Engineer •