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)
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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.)
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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.
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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
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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.
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