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19770215 City Council Minutes42 DISCUSSION ON PROPOSED REVISED CRIMINAL CODE (9:01 p.m.) Police Chief Marlo Foster reviewed two changes made since the February 1 discussion. He recommended passage of the Proposed Revised Criminal Code, incorporating the changes. MOTION: A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN NORDQUIST, TO PLACE THE PROPOSED REVISED CRI;MINAL CODE ON THE CONSENT AGENDA OF FEBRUARY 15. MOTION CARRIED. There was no further business to come before the Council, and the meeting was adjourned at 9:10 p.m. IREN VARNEY MORAN, ' y Clerk H: H. HARRISON5 Mayor February 15, 1977 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 Phil Clement J. Herb Gilbo, M.A.A. Ray Gould Leif Larson, Public Works Director Max Gellert Joe Wallis, Community Devel. Dir. John Nordquist Jack Cooper, Fire Chief Robert Anderson Irene Varney Moran, City Clerk Tom Carns Lila Crosby, Finance Director Mike Herb John Wallace, City Attorney Wayhe,.Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA (7:40 p.m.) Councilman Herb asked that Item B, Proposed Revised Criminal Code, be removed from the Consent MOTION: Agenda. He added that he would be present for only about a.half-hour this evening. A MOTION WAS MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN CARNS, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The balance of the Consent Agenda contained the following: (A) Approval of Minutes of February 8, 1977. (C) Adoption of Ordinance 1900, Cash Prepayment Ordinance for LID 196. (D) Authorization to sell surplus fire hydrants to the City of Brier. PROPOSED REVISED CRIMINAL CODE (-I-tem (B) on Consent Agenda) Councilman Herb had distributed copies of RCW 9A.68.030, the chapter on Bribery and Corrupt • Influence, and he explained the purposes of the various sections. He recommended they be incorporated into the City's Criminal Code. City Attorney John Wallace explained why they had been omitted, saying they are still State offenses and charges would be filed by the County Prosecutor. He noted that they would be Class C felonies, more serious crimes than misdemeanors under the City code. His feeling was that it would be more appropriate that any charges of that nature be filed by the County Prosecutor, rather than being filed here in the municipal court and being prosecuted by an in-house prosecution. He said these sections could be included, however, if the Council so desired. Councilman Herb was in agreement with much of Mr. Wallace's feeling, but he noted that there could be minor offenses that the County Prosecutor would not find serious enough to prosecute, and the City may want them prosecuted. He also felt that everyone would MOTION: be more aware of these rules if they were in the City ordinance. A MOTION WAS THEREFORE MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN GELLERT, THAT THE PROPOSED REVISED CRIMINAL CODE BE ADOPTED AS DRAFTED, BUT ADDING TO IT AND INCORPORATING BY REFERENCE RCW 9A.68.020, .030, .040, and .050, AND THAT THESE SECTIONS BE ADOPTED IN THE SAME MANNER AS RCW 9A.68.010 (BRIBERY) HAS BEEN ADOPTED. A ROLL CALL VOTE WAS TAKEN, WITH COUNCILMEN GELLERT, NORDQUIST, ANDERSON, AND HERB VOTING YES, AND COUNCILMEN GOULD AND CARNS VOTING NO. MOTION CARRIED. COUNCIL (7:50 p.m.) Councilman Anderson inquired about the proposed dinner meeting for March 29. The City Clerk's office had contacted each of the Councilmen and they were all agreeable to a dinner meeting MOTION: that evening. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN ANDERSON, THAT THE WORK MEETING OF MARCH 29 BE A DINNER MEETING COMMENCING AT 6:30 P.M. MOTION CARRIED. February 15, 1977 (Continued) • MOTION: Councilman Gellert asked that the press be given suitable.notice._ A MOTION WAS THEN MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN GELLERT, THAT THE MARCH 29 AGENDA INCLUDE THE TWO TOPICS SUGGESTED BY COUNCILMAN GELLERT: (1) WHETHER IT.IS APPROPRIATE FOR THE CITY TO BE A MEMBER OF THE'SOUTH SNOHOMISH COUNTY CHAMBER OF COMMERCE WHEN THAT BODY TAKES STANDS ON ITEMS AFFECTING THE CITY: AND (2) WHAT THE ROLE OF THE AMENITIES DESIGN BOARD SHOULD BE IN DETERMINING.THE AESTHETIC APPEARANCE OF SIGNS IN THE CITY. MOTION CARRIED. Councilman Carns advised that the Edmonds Rotary Club was proposing, as a community service, to build a gazebo -type bandstand at the City Park at a cost of about $25,000 to $35,000. He said a committee of architects and engineers had been appointed to develop the concept and that he had spoken with the City Planner and the Park Director, both of whom thought it was a good idea. He was asking what the Council thought of such a project. There was general agreement that.it was an excellent idea, and it was suggested that the plans be presented when they are ready. Councilman Carns inquired as to the status of the HUD Block Grant applications, and Mayor Harrison replied that they will be reviewed this week. He said the Technical Committee had recommended that the north Edmonds park be acquired at $130,000 and that $30,000 be allotted to build a restroom on the Junior High playfield. AUDIENCE (7:59 p.m.) 43 Captain Floyd Smith of 814 Dayton announced that the Historical Society and the Museum would be presenting a slide show in the Council Chambers at 7:30, February 21. The show will be on the. Alaska Gold Rush of 1898 and will be narrated by Joe Williamson, a noted maritime photographer of the northwest. MAYOR (8:00��p.m. ) Mayor Harrison announced there would be an Executive Session immediately following this evening's Council meeting to discuss fire labor negotiations. He also asked M.A.A. Gilbo to report on an upcoming Policy • Development torkshop. M.A.A. Gilbo reported that this workshop was only for elected officials, that staff member`s'could not attend. He said it will be funded mainly by a federal grant and will make use of Donald Swartz and Elaine Yeager of the Effectiveness Resource Group, the people who will be conducting ....the Staff/Council retreat in April. This workshop will be held at the Providence Heights Conference Center in Issaquah on Saturday, March 26, from 8:30 a.m. to 4:30 p.m. Mr. Gilbo asked that those Councilmen interested in attending contact his office. HEARING ON AMENDED ORDINANCE TO P.C. RESOLUTION 540, RECOMMENDING APPROVAL OF PROPOSED AMENDMENT TO ZONING ORDINANCE TO ALLOW TEMPORARY PARKING LOTS AND ESTABLISH TEMPORARY IMPROVEMENT REQUIREMENTS (FILE ZO-21-76) (8:01 p.m.) Community Development Director Joe Wallis explained that this had been heard on January 18 and there had been several recommended amendments. He reviewed those amendments which were now included in the proposed ordinance. The public portion of the hearing was opened, no one wished to speak, and MOTION: the public portion was closed. A,MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY.000NCILMAN CARNS, TO ADOPT ORDINANCE 1901 PURSUANT TO P%C�. RESOLUTION 540 AND THE:INCORPORATED AMENDMENTS. MOTION CARRIED. HEARING ON P.C. RESOLUTION 541, RECOMMENDING APPROVAL OF AMENDMENT TO SEC. 12.13.110(b) OF ZONING ORDINANCE TO PERMIT SINGLE FAMILY DWELLINGS IN RM ZONES LESS THAN 6,000 SQ. FT. (FILE ZO-10-76) (8:04 p.m.) Mr. Wallis said this had come to the Council in September, 1976, but concern had been expressed that a single townhouse could be constructed in the middle of a block which would not be in keeping with the adjoining properties. The new proposal was to provide for townhouse lots in RM zones but to be provided only in a subdivision expressly for that purpose. The proposed ordinance would provide for not less than three townhouses, nor more than six, in one complex and that complex would have to be subdivided for that exp"ess use. The RM zone setbacks would be required on the perimeter of the subdivision, itself, so i�n no case would a structure be built all the way to the property line of an adjoining • property owner. Mr. Wallis felt this alternative housing style would be an asset to the community. He displayed drawings of sample townhouse dwelling units on various sizes of lots. He stressed that this is proposed for the RM districts only and that it would reduce density in that particular zone. He noted that there could be a requirement that this type of construction go before the Amenities Design Board. The public portion of the hearing was then opened. Harold Dudley of 706 Driftwood Lane, a builder, inquired further about the setback requirements, which Mr. Wallis explained. The public portion of the MOTION: hearing was then closed. AFTER SOME DISCUSSION, A MOTION WAS MADE BY COUNCILMAN ANDERSON; SECONDED BY COUNCILMAN GOULD, THAT THE CITY ATTORNEY BE INSTRUCTED TO REDRAFT AN ORDINANCE PURSUANT TO P.C. RESOLUTION 541 INCORPORATING THE REQUIREMENT FOR AMENITIES DESIGN BOARD REVIEW OF PROPOSED TOWNHOUSES. MOTION CARRIED. HEARING ON P.C. RESOLUTION 544, RECOMMENDING APPROVAL OF PROPOSED AMENDMENT TO OFFICIAL STREET MAP TO ADD TURNAROUND ON 4TH AVENUE SOUTH AT NORTH LINE OF SR-1.04 (FILE ST-18-76) (8:26 p.m.) Mr. -Wallis said this proposal had come about as the result of a recommendation by the Engineering staff. He showed the location on a vicinity map and indicated that 4th Avenue South ends in the right-of-way of SR-104. He said this proposal would alert developers of the surrounding properties that•a turnaround will be a City requirement. The public portion of the hearing was opened, no one wished to speak, and the public portion was closed. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, MOTION: TO ADOPT ORDINANCE 1902 PURSUANT TO P.C. RESOLUTION 544. MOTION CARRIED. HEARING ON P.C. RESOLUTION 548, RECOMMENDING APPROVAL OF AMENDMENT TO OFFICIAL STREET MAP TO REDUCE RIGHT-OF-WAY ON 80TH AVENUE WEST BETWEEN 206TH S.W. AND 212TH S:W.:FROM.60 FT. TO 50 FT. (FILE ST-1-77)(8:25pm) Mr. Wallis said this action had been initiated by a petition of the residents. He showed the location on the zoning map. Director of Public Works Leif Larson displayed a drawing indicating the locations of existing dwellings and indicating how a 50' proposed right-of-way would be put in. The result would be relocating the center line of the right-of-way and in several sections moving the road to the east or.to the west to accommodate existing dwellings. .The public portion of the hearing was then opened. Harold Dudley of 706 Driftwood Lane complimented Mr. Larson on the proposal he had developed in • conjunction with the desires of the pet-itioni;ng residents. 44 • MOTION: MOTION: MOTION: ., He indicated:a length of right -of -way -which he owned and which the City would need in order to straighten out a portion of the proposed right-of-way change and said he would give his portion of the right-of-way to the City to accomplish this, and the City could then in turn give the necessary portions to the owners on the opposite side of the street. Swan Seaberg of 8006-206th Avenue S.W., who had represented the neighborhood at the Planning Commission hearing on this item, said most people of the neighborhood were Very happy with what Mr. Larson had proposed. Bill Gluth of 20909-80th Avenue W., had a question pertaining to his own property because his house is so close to the street. He was satisfied after further explanation that the proposed right-of-way change would not adversely affect.his property. The public hearing was then closed. A MOTION WAS MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN NORDQUIST, THAT ORDINANCE 1903 BE ADOPTED, PURSUANT TO P.C. RESOLUTION 548. .MOTION CARRIED. Councilman Nordquist thanked Harold Dudley for his generous offer and urged that the Staff take immediate action to accomplish the paperwork required. He also asked that the Staff investigate a recent property sale in the subject district wherein,a right-of-way dedication was made which would not be necessary under the adopted proposal. He suggested that the portion dedicated should be vacated. City Attorney John Wallace advised that any vacation would have to go back through the Planning Commission_, that this was Council policy. A MOTION WAS THEN MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN GELLERT, THAT THE POSSIBLE VACATION OF THE STATED RIGHT-OF-WAY DEDICATION BE REFERRED TO THE PLANNING COMMISSION FOR REVIEW. MOTION CARRIED. REPORT FROM PUBLIC WORKS DIRECTOR ON CONDITION SURVEY OF EMERALD HILLS STREETS (8:47) r Public Workst,Director Leif Larson displayed a map indicating the rights -of -way the Emerald Hills _ residents are desirous of deeding to the City. He had distributed a memorandum regarding the condition of those streets. He noted that the sidewalks were all on private property and that there were some items which should be discussed with the Emerald Hills Homeowners Association to see if they could be resolved. He said if the roadways were.all that the Association was ..interested in deeding, there would be little problem. However, if the sidewalks were to be involved there were. some problems to be resolved. He said the private roads in this plat had.been engineered and designed to City standards. Darrol.Haug, President of the Emerald Hills Homeowners Association, said their intention was to deed only the.streets and not the sidewalks. He said their Association would continue to maintain.the islands and the.parks. A MOTION. WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN NORDQUIST, THAT THE CITY STAFF BE AUTHORIZED TO MEET WITH THE EMERALD HILLS HOMEOWNERS ASSOCIATION TO FURTHER DISCUSS AND ARRANGE A SUITABLE AGREEMENT TOWARES DEEDING THE STREET RIGHTS -OF -WAY TO THE CITY OF EDMONDS, AND TO REPORT BACK TO THE COUNCIL APRIL 19. MOTION CARRIED. There was no further business to come before the Council, and the meeting adjourned to Executive Session at 9:00 p.m. IRENE VARNEY MORAN, Coty Clerk H. H. HARRISON, Mayor 1 1 E February 22,,1977 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 Harve Harrison, Ray Gould Phil Clement Max Gellert John Nordquist Robert Anderson Tom Carns Mike Herb STAFF PRESENT Mayor Marlo Foster, Acting M.A.A. Leif Larson, Public Works Director Joe Wallis, Community Development Director Jack Cooper, Fire Chief Lila Crosby, Finance Director Irene Varney Moran, City Clerk Dick Allen, Assistant City Engineer Don Burton, Park Maintenance Supt. John Wallace, City Attorney Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA (7:41 p.m.) Councilman Gellert asked that Item B, Proposed Revised Criminal Code, be removed from the Consent Agenda for some clarification, and Councilman Gould asked that Item E, Approval of Depository MOTION: Agreement for Bank Services, be removed. A MOTION WAS MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN CARNS, THAT THE BALANCE OF THE CONSENT AGENDA BE -APPROVED. MOTION CARRIED. The balance of the Consent Agenda contained the following: (A) Approval of Minutes of February 15, 1977. (C) Adoption of Ordinance 1904, allowing Townhouses in RM Zones, pursuant '. to P.C. Resolution 541. (D) Adoption of Resolutions 373 and 374, transferring money from Contingency Fund 119 to Council Fund 001 for the Staff/Council Retreat, and transferring money from the Contingency Fund 119 to Dept. 12 for•t,he Brookacres appraisal, respectively. • 1 0