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19780404 City Council MinutesApril 4, 1978 Thal.,"regular,..,Aeeting of the.. Edmonds, .Ci;ty.Council was ,called to order at 7;35 p.m, by Mayor Harrison in the Council Chambers of the. Ed-Monds, Ci_v.i,c Ce.nter,. All ..present: joi;ne.din .-the.. fla�•salute� PRESENT STAFF PRESENT Harve Harrison „Mayor Charles Dibble, M,A.A. Mike Herb John LaTourelle, Community Development Director Phil Clement Noelle Charleson, Assistant City Planner Katherine Allen Irene Varney Moran, City Clerk John Nordquist Lila Crosby, Administrative Services Director Ray.Gould Art Housler, Finance Director Tom Carns Dick Allen, Assistant City Engineer Larry Naughten Jack Weinz, Acting Fire Chief John Wallace, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILWOMAN ALLEN, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The Consent Agenda contained the following: (A) Roll call. (B) Approval of Minutes of March 28, 1978, (C) Setting date of May 2; 1978 for hearing of P.C. Resolution 587, recommending approval of proposed Shorelines Management Substantial Development Application to Construct Improvements to Edmonds Underwater Park. (File SM-1-78) • (D) Setting date of May 2, 1978 for hearing of P,C. Resolution 585, recommending vacation of portion of turnaround on 82nd Ave. W., south of 200th S,W. (File ST-2-78) (E) Setting date of May 2, 1978 for hearing of P.C. Resolution 586, recommending vacation of portion of 174th St. S:W., vicinity of 71st Ave. W. (File.ST-3-78) (F) Setting date of April 25, 1978 for hearing of P.C. Resolution 589, recommending approval of proposed Amendment to Official Zoning Map to rezone from RML to BN, Lot 7 of the Plat of North Star, located east of 76th Ave. W. and south of 212the St. S.W. .(File R-2-78) (G) Authorization for Mayor to grant license for State Fisheries Department for construction of improvements to City's Underwater Park. (H) Authorization for Mayor to sign Intergovernmental Cooperative Purchasing Agreement. COUNCIL Councilman Carns advised that the next Council/Staff luncheon had been rescheduled to April 13, 1978. The topic will be possible publications which the City may be interested in producing. Councilman Naughten commented on the, visitors this date from Edmonds' sister city of Himeji, Japan. MOTION: COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT A PLAQUE BE PURCHASED TO COMMEMORATE THE APRIL 4, 1978 VISIT BY OFFICIALS FROM THE CITY OF EDMONDS' SISTER CITY OF HIMEJI, JAPAN, AND THAT IT BE MAILED_TQ THEM:, FUNDS TO COME FROM ._THE 000NCIL CONTINGENCY FUND. —The question arose as to whether it would be permissible to make such a gift.' M.A.A. Charles Dibble said that in a recent discussion with the auditor the auditor had defined "something of value" as being something someone could sell. Therefd•re3, it appeared that it would be permissible to give a plaque. THE MOTION CARRIED. Councilman Clement advised he would not be present at the meetings of April 18, May 2, and May 9. Councilwoman Allen advised she would not be present at the meeting of April 11. COUNCILMAN CLEMENT MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO RESCHEDULE THE DISCUSSION ON ORDINANCE 1985 FROM APRIL 18 TO APRIL 11. MOTION CARRIED. mAVnR Mayor Harrison discussed the visit by the delegation from Himeji, Japan. He said they had visited the Boeing 747 plant, the Yacht Club, and a home, in addition to touring the City., He said the sister city relationship had been reestablished and the visitors had presented the City with two gifts which he displayed. Mayor Harrison had received a request from Community Development Director John LaTourelle for time MOTION: on the May 9 and May. 16 agendas for discussion of the proposed.new Sign Code. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, TO SCHEDULE DISCUSSION OF THE PROPOSED NEW SIGN CODE FOR THE WORK MEETING OF MAY 9, CLOSING THAT AGENDA, AND FOR PUBLIC HEARING ON MAY 16. MOTION CARRIED. Mayor Harrison noted that the Council had requested a status "report on the Council Contingency Fund which had been provided, indicating a balance of $20,215. He said,notification had been received that the grant for'the museum had been approved, which will require matiching funds of $9,500. He noted that would come from the Contingency Fund if the Council so chose. He noted also that there had been some Council feeling that the management training for the Staff should be paid from the con- tingency fund and that will cost approximately $3,000. M.A.A. Dibble said the next opportunity to gain IPA funds would begin in October but the City had asked for consideration if some funds are turned•back.this year as they have been in the past. Mr. Dibble said they could wait until next fall and make a recommendation for a new grant, but he recommended starting now. He noted that the train- ing budget had been put under the Executive Department and totaled $5,000 for'the entire year. He n U rAAA April 4, 1978 - continued said the majority of the Cit 's management personnel have had'no formal training, and it had been • J Y Y his recommendation that they all go to the same classes. Five consultants in the area had been interviewed for this, and all of the management Staff (22 people) will be taking part. There MOTION: was general agreement that this training was needed. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN GOULD, TO APPROVE THE DEVELOPMENT SERVICES CORPORATION FOR MANAGEMENT TRAINING, WITH FUNDS NOT TO EXCEED $3,000 TO BE BORROWED FROM A FUND TO BE NAMED BY THE FINANCE DIRECTOR, INTEREST TO BE 5%, AND THE LOAN TO BE PAID BACK BY THE END OF 1978'. MOTION ,CARRIED. AUDIENCE Jane Cunningham of 1030 Grandview Ave. said she could not find anything in the zoning code that indicated a developer could choose his back yard when the property is on a corner. City Attorney John Wallace responded that a developer has to meet two front yard setbacks when he abuts two streets, but he can select which to,;use as a backyard. Councilman Herb said he would have to leave early this evening and he requested that the last item MOTION: on the agenda be heard at this time. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN HERB, TO HEAR AGENDA ITEM II AT THIS TIME. MOTION CARRIED. FURTHER DISCUSSION OF CHAPTER I.I4 OF EDMONDS CITY CODE•(ORDINANCES 1678 AND 1912) (Item 11 on the Agenda) Councilman Herb listed his objections to various parts of the two ordinances, and he suggested MOTION: that some paragraphs be deleted. COUNCILMAN CLEMENT THEN MOVED, SECONDED BY COUNCILMAN CARNS, TO REAFFIRM ORDINANCES 1678 AND 1912. COUNCILMAN HERB THEN MOVED TO AMEND THE MOTION TO DELETE (Failed) PARAGRAPH (D) ON THE SECOND PAGE OF ORDINANCE 1678'. MOTION TO AMEND FAILED FOR LACK OF A SECOND. AMENDMENT. COUNCILMAN HERB THEN MOVED TO AMEND THE MOTION TO DELETE PARAGRAPH (E) ON THE SECOND PAGE OF (Failed) ORDINANCE 1678. MOTION FAILED FOR LACK OF A SECOND. COUNCILMAN HERB THEN MOVED, SECONDED BY AMENDMENT COUNCILMAN CARNS, TO AMEND THE MOTION TO CHANGE PARAGRAPH (E) ON THE SECOND PAGE OF ORDINANCE • 1678 TO INDICATE THAT SOURCES OF INCOME FROM COMMISSIONS SHALL BE REPORTED IN THE SAME MANNER AS THEY ARE IN THE STATE OF WASHINGTON. A ROLL CALL VOTE WAS TAKEN, WITH COUNCIL MEMBERS HERB, CARNS, ALLEN, NORDQUIST, AND NAUGHTEN VOTING YES, AND WITH COUNCIL MEMBERS CLEMENT AND GOULD VOTING NO. MOTION TO AMEND CARRIED. THE MAIN .MOTION, AS AMENDED, THEN CARRIED, WITH COUNCILMAN CLEMENT AND GOULD VOTING NO. HEARING ON PETITION FOR ANNEXATION OF AREA SOUTH OF 220TH AND EAST OF HIGHWAY 99 Public Works Director Leif Larson had advised by memorandum that the Boundary Review Board had set this matter for hearing on April 11, 1978 and must file a written decision within 40 days of that MOTION: hearing date. He therefore.re.commended that this item be continued to June 6, 1978. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO CONTINUE TO-JUNE 6, 1978 THE HEARING ON PETI- TION.FOR ANNEXATION OF AREA SOUTH OF 220TH AND EAST OF HIGHWAY 99. MOTION CARRIED. HEARING ON P.C. RESOLUTION 575, RECOMMENDING APPROVAL OF PROPOSED AMENDMENT TO ZONING MAP TO ESTABLISH CG ZONING AT SOUTHEAST CORNER OF 220TH AND HIGHWAY 99 (File AZ-4=77) MOTION: This matter is related to the preceding item. A MOTION WAS MADE BY COUNCILWOMAN ALLEN, SECONDED BY COUNCILMAN NORDQUIST, TO CONTINUE TO JUNE 6, 1978 THE HEARING ON P.C. RESOLUTION 575. MOTION CARRIED. HEARING ON APPROVAL OF PRELIMINARY PLAT OF "IRISH ACRES" (File P-3-78 Assistant City Planner Noelle Charleson said this is an 8-lot subdivision with no particular difficulties. She showed the location on a vicinity map, noting that there are no steep slopes and it is not an environmentally sensitive area. She said there are a number of trees of substantial size on the property, the majority of the trees being in the northeast corner of the property. The building envelope on Lot 6 had been moved north in order to preserve some large trees and access drives were provided for Lots 5 and 6. It was requested that the access drives be constructed to preserve trees by winding around them. Ms. Charleson showed slides of the property. The environ- mental analysis had revealed no significant negative environmental impacts. Ms. Charleson said drainage should flow westerly and the property slopes in that direction., Assistant City Planner Dick Allen added that the improvements to the property have been started. He saw no problems. Ms. Charleson recommended approval, and the public portion of the hearing was opened. John Anderson of Reid, Middleton & Associates concurred with the Staff comments. He felt this design was the most reasonable use of the land. The public portion of the hearing was then closed. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN CARNS, TO APPROVE THE PRELIMINARY PLAT OF IRISH ACRES. MOTION CARRIED. HEARING ON APPROVAL OF PRELIMINARY PLAT OF "LAURI ANN PARK" Ms. Charleson said this was a 6-lot subdivision located east of 3rd Ave. S. and west of 4th Ave. S., just north of SR 104. The zoning directly east is RMH. Ms. Charleson said 4th Ave. has not yet been opened, but the developers in the area have joined together to improve it, and it will be used as access to this plat. The property slopes slightly to the west, there are no streams on the property, and it -is not an environmentally sensitive area. The developers asked for a right-of-way reduction on Fir P1. Ms. Charleson said there is a provision that a public street serving four lots or less may have a 24' right-of-way. The reason for this request is that Lots 1, 2, 5, and 6 are exactly 60' wide and cannot give any footage towards the right-of-way. Ms. Charleson showed slides of the property. She said there would be no significant adverse environmental impacts and the subdivision met all standards except street standards. She recommended approval. Councilman Carns suggested a restriction from parking on the street if this plat were approved with the reduced right-of-way. Assistant City Engineer Dick Allen responded that most of the cars will be parking off the street. He'said a sidewalk was proposed on the next street. Acting Fire Chief Jack Weinz said the Fire Department trucks would need an 8' wide access from Lots 3 and 4. The public portion of the hearing was opened. 1 0 1 n U 20 9 April 4, 1978 - continued • Tony Fahey of 8524 Bowdoin Way suggested permitting the 24' right-of-way and posting a sign so people would not park there. The public portion of the hearing was closed. Ms. Charleson added that the Policy Plan recommends that.streets should not be designed to provide on -street parking as a primary function. She-,did.:not:-.th,-fhk the:pr.i�mary purpose of. FLrn_RT.,was. to provide -:parking -.space. for those in the area. Councilman Carns felt the parking should be restricted to one side only on Fir P1. Mr. LaTourelle said he looked at this as an extended driveway, and people just don't park :.: in other people's .driveways in ,a ,joint use situation. He did not feel it would make a differenceAjf — MOTION: it were posted. COUNCILMAN'NAUGHTEN THEN MOVED TO APPROVE THE PRELIMINARY PLAT OF LAURI ANN PARK (Failed) ALLOWING THE 24'. STREET MODIFICATION AND PUBLIC RIGHT-OF-WAY. MOTION FAILED FOR LACK OF A SECOND. Councilwoman Allen felt there were too many homes going to be squeezed into this plat. Ms. Charleson then explained other alternatives the developer. had, noting that any of the alternatives would increase the amount of paving required. After seeing the other alternatives, Councilman Clement was willing to reconsider. COUNCILMAN NAUGHTEN THEN RESTATED HIS MOTION TO APPROVE THE PRELIMINARY PLAT OF LAURI ANN PARK, ALLOWING THE 24' STREET MODIFICATION AND PUBLIC RIGHT-OF-WAYf; __1V AND WITH A REDUCTION OF THE TURNAROUND TO 30'. COUNCILMAN CLEMENT SECONDED THE MOTION. Councilman Gould asked for more detail on drainage of the plat, and Mr. Allen explained the drainage. Council- man Gould commented that the parking situation is one that occurs in many neighborhoods and the neighbors tend to work out such problems. THE MOTION THEN CARRIED. DISCUSSION TO AUTHORIZE A NEEDED MUNICIPAL IMPROVEMENT (WATER TANK) TO EXCEED ZONING CODE REQUIREMENTS (Continued from March 21) A-.wriaten report was presented giving the background and history of this project. John Olson of Reid, Middleton & Associates reviewed three alternate proposals and the basic proposal previously dis- cussed. Basic costs were presented for each, as well as an energy consumption chart. Mr. Olson still felt the basic proposal was the most practical and most effective for the City. He said Alternate #2 would be his second choice. That option consisted of constructing the same ground level tank described in the basic proposal, but with the acquisition of sufficient property to meet the present zoning requirements for setbacks and lot.coverage. It was explained again by the Staff that.the Five Corners location had been considered a key storage and distribution point in the Edmonds water system since 1965. In July of 1975 the City Council had authorized the purchase of this site, and it. was anticipated that the construction would take place in the second phase of the revenue bond program, which the City is in now. Some of the factors considered in selection of the site were planning and use of the site to -date and the existing zoning. However, in.1977 amendments were made to the zoning regulations which placed the proposed project in.a nonconform- ing situation. The proposal now exceeded the setback requirements. The discussion was opened to the public.' Gaylord Riach, attorney representing Dr. Robert Suchert, said Dr. Suchert's property is immediate- ly adjacent to the.proposed water tank site and the 3,000,000 gallon water tank would have an im- pact on the value of Dr. Suchert's property. Mr. Riach asked that the matter be tabled so the property owners could study it. Assistant City Engineer Dick Allen said Mrs. Suchert had been in his office this date and they had discussed the access to the property and the trees that would be cut down. He said he had assured her that the trees and the laurel hedges about which she was con- cerned would not be removed. She was also concerned about access to the property retained for apartment.use and he had assured her that the access was more than adequate. He noted that they also front on Main St. for additional access. He said his office had attempted in every way to comply with reasonable siting of the tank. he said the City is doing additional landscaping, even,at the existing site. He said a more natural and forested type of setting will be created, even though it takes a while to.grow. The question arose as to why this discussion had been ad- vanced by two weeks, and M.A.A. Dibble responded that it was because of the severe time limit faced on the fire rating matter. He said it will take approximately one year to bring this tank to completion and the City has only one year to improve its fire rating. He said this tank is an essential element of the water plan to meet the requirements of the Fire Rating Bureau. He noted that the costs to all citizens of Edmonds will, be great if the fire rating is not improved. Mr. Allen added that the residents in this upper area are relying -totally on the water coming in through the water mains and there is no storage to supply them if the mains are cut off. Mrs. • Robert Bell of 8528 Bowdoin wanted the tank buried instead of ,being built at ground level. Mr. Riach spoke again, saying the alternatives were weighted so there was only one decision left --to accept the previous recommendation. He displayed some.photographs and submitted one which.re- flected the lack of landscaping at the present tank site. He sp.oke.of trees which would be re- moved for the tank, saying the City had agreed when condemning the property that the trees would not be removed. City Attorney John Wallace then'read a portion of the original condemnation documents relating to the cutting of trees and which stated that the trees would be save,if possible. Tony Fahey who lives across the street from the tank read letters written by her hus- band and by herself, objecting to the tank being constructed above the ground. Stan Olson of 16605 74th P1. W. said he felt the economic impact on all of the citizens was important. He noted that the engineers have to meet requirements of other regulatory organizations and those are numerous. Jim Mueller of 209 Caspers said that several years ago it had been decided to have meetings to discuss neighborhood problems. He said that seemed to have been discontinued, and he suggested it would be a good.idea to get such discussions started again. Mr. Riach asked for two weeks to study the situation and to return with some alternatives. The public portion of the hearing was closed. Councilman Clement said he was not in favor of undergrounding at this site, nor of,the variance, so that left attempting to conform with existing regulations. Councilman Naughten agreed. He said he would rather see the tank constructed underground, but he could not justify the cost. He said he would like to give the residents an opportunity to present an alternative. Councilman Gould said he really would like to see the tank undergrounded also, but he was concerned about the additional energy consumption to operate it if it were underground, so he felt it should not go underground. He thought Alternative #2 seemed to be the reasonable alternative. He inquired about the energy consumption if"the tank were partially underground. Mr. Olson responded that by having it partially buried it would be necessary to have concrete underground and steel above, and the expansion and contraction properties of those materials differed, creating more problems. MOTION: COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO ALLOW THE RESIDENTS TWO WEEKS TO REVIEW THE SITUATION AND RETURN TO THE COUNCIL WITH SOME ALTERNATIVES. A ROLL CALL VOTE WAS TAKEN, 0 'f 240 April 4, 1978 - continued WITiH*.COUNCIL MEMBERS NAUGHTEN, NORDQUIST, CLEMENT, AND ALLEN VOTING YES, AND WITH COUNCIL MEMBERS GOULD AND CARNS VOTING.NO. COUNCILMAN HERB WAS NOT PRESENT FOR THE VOTE. MOTION CARRIED. There was.no further business to come before the.Council, and the meeting adjourned at 10:30 p.m. IRENE VARNEY MORAN, gATY CLERK HARVE H. HARRISON, MAYOR Apri-1 011;,1 1978 - Work Meeti ng 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 ::•Katherine Allen John LaTourelle, Community Dev. Dir. Mike Herb Art Housler, Finance Director Phil Clement John Mellor, Civil Engineer John Nordquist Jack Cooper, Fire Chief Ray Gould John Wallace, City Attorney Tom Carns Jackie Parrett, Deputy City Clerk CONSENT AGENDA Mayor Harrison advised that Item (C) on the Consent Agenda, proposed ordinance amending the budget, should be removed and rescheduled as the requirement of five days' notice had not been MOTION: met. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The balance of the Consent Agenda contained the following. (A) Roll call (B) Approval of Minutes of April 4, 1978. COUNCIL Councilman Carns made note of the scheduled Council/Staff luncheon, April 13, at 12:00 noon at the Meatmarket Restaurant. Topic of discussion.will be possibility of some form of publication to go out to the public regarding the City. All interested parties were invited to attend on a no -host basis. Councilman Carns also stated that the SNOCOM Board had met last week and had approved .: a revised interlocal agreement. He presented documents for review and asked that copies be MOTION: distributed in the Council packets. A.MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCIL- MAN GOULD, TO PLACE ON THE APRIL 18 AGENDA AN ITEM TO AUTHORIZE THE MAYOR TO SIGN THE AMENDED INTER_-._ LOCAL SNOCOM AGREEMENT. MOTION CARRIED. Councilman Clement noted that the City Clerk had suggested the July 4 Council meeting be re - 'scheduled to Monday, July 3, because Tuesday will be the national holiday. She also suggested the Council may want to cancel the June 12 work meeting which was scheduled for a Monday because of the Association of Washington Cities convention that week. COUNCILMAN HERB MOVED, SECONDED BY COUNCILMAN CARNS, THAT THE JULY 4 COUNCIL MEETING BE RESCHEDULED TO MONDAY, JULY 3. It was commented that this meeting could be cancelled at a later date, depending upon agenda items. MOTION CARRIED. It was generally agreed that the June 12 work,,,! meeting should remain on the calendar inasmuch as it is the only work meeting for that month. . Councilman Gould.said he and. Councilwoman Allen had attended a recent meeting concerning the new Juvenile Court Act. At this meeting it was requested that each jurisdiction (the City of Edmonds is -a jurisdiction) have two people appointed to the Advisory Board. Those people will solicit candidates within their jurisdiction to serve on Community Conference Committees, which committees will review juvenile cases and determine the community service which will be required of certain classes of youthful offenders. Mayor Harrison invited suggestions from the Council as to who would be good members of the Advisory Board. Councilman Gould offered to serve and said Council- woman Allen had expressed an interest. He said the next meeting will be April 25. Councilman Clement referred to a current case report, Save the Valuable Environment vs. Bothell, et al, and said he had a question about the legitimacy of the City of Edmonds belonging to a CT-a-mFer of Commerce, given that decision. He asked if the Chamber of Commerce came here to lobby on any quasi-judicial proceeding would the decision automatically be thrown out because of being a member of the Chamber. City Attorney John Wallace responded that it would not when the City as a whole has purchased the membership, and that.the case cited involved individuals who were members of various organizations. MAYOR Mayor Harrison said he had a memorandum from Community Development Director John Latourelle indicating that the applicant had withdrawn his application for rezone from RML to BN the property located south of 212th S.W. and east of 76th Ave. W. (P.C. Resolution 589), and therefore Mr. LaTourelle was requesting it be removed from the April 25 agenda. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NORDQUIST, THAT THE HEARING ON P.C. RESOLUTION 589 BE DELETED FROM THE APRIL 25 AGENDA. MOTION CARRIED. Mayor Harrison advised that the grant from the State Office of Archeology and Historic Pres- ervation in the amount of $9,500 -for exterior preservation work on the Edmonds Museum had been