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19790320 City Council MinutesQ3 40 March 20, 1979 is The.regular meeting of the Edmonds City Council was called to order at 7:30 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 Mike Herb Charles Dibble, M.A.A. Katherine Allen Leif Larson, Public Works Director Phil Clement. John LaTourelle,.Community Develop. Dir. John Nordquist Irene Varney Moran, City Clerk Ray Gould Marlo Foster, Police Chief Tom Carns Art Housler, Finance Director Larry Naughten Fred Herzberg, City Engineer Jim Jessel, Parks & Recreation Manager Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA Items (C), (D), (H), and (I) were removed from,the Consent Agenda. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN CARNS, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The balance of the Consent Agenda included the following: (A) Roll call. (B) Approval of Minutes of March 13, 1979. (E) Setting date of March 27, 1979 for hearing on 4-hour parking on Bell St., from 3rd to 5th • Aves. (F) Setting date of March 27, 1979 for hearing on proposed rezone from RML to RS-8 property ' located approximately.in the 21000 block of 84th Ave. W. (File R-12-78) (G) Acknowledgment of receipt of Claim for Damages from Irvin H. Meyers in the amount of $316.20. (J) Acceptance of Quit Claim Deed.in conjunction with short subdivision. (File S-7-79 -- Holt) (K) Adoption of Ordinance 2058 authorizing issuance of interest bearing warrants for purchase of Edmonds Elementary School. REVIEW OF ARTS COMMISSION OPERATING PROCEDURES [Item (C) on Consent Agenda] Councilwoman Allen invited Lyle Krueger, Arts Commission.Chairman, to discuss some revisions the City Attorney had made to the proposed Operating Procedures. Mr. Tanaka had modified subparagraph 6.4.5.(g) to require a jury review open to the public but permitting the jury to cast votes by secret ballot, thereby avoiding any conflict with the Open Public Meetings Act. This would allow the jurors to maintain their anonymity without having a closed session. Mr. Krueger stated it was the Commission's concern that jury members selected by the Commission to appraise proposals of works of art for public places should not be restricted to speak freely among themselves about the art pieces or the artists. He felt the free flow of discussion would be impeded in that they could not speak as freely or objectively in an open session. He asked for the opportunity to discuss works of art in a private, closed session. M.A.A. Dibble said the jury will be choosing among artists, and that Mr. Tanaka had agreed that was an exception to the Open Meetings Act. Mr. Dibble suggested wording that jury review shall be open to the public unless the jury chooses to hold an Executive Session as may be permitted by the Open Public Meetings Act. This was acceptable to Mr. Krueger. • Another concern expressed by Mr. Krueger was in regard to subparagraph 6.4.5.(1) which states that the selected art work will be submitted to the City Council for approval, modification, or rejec- tion. Mr. Krueger felt that with this kind of wording the Council is being invited to become involved in the selection. He preferred that the option to modify be deleted and if the Council is not agreeable to a selection they can reject it and the Commission can present an alternate. In effect, they did not want the Council to design the art work. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN CLEMENT, THAT 6.4.5.(g) OF THE ARTS COMMISSION OPERATING PROCEDURES BE AMENDED TO STATE THAT JURY REVIEW SHALL BE OPEN TO'THE PUBLIC UNLESS THE JURY CHOOSES TO HOLD AN EXECUTIVE SESSION AS MAY BE PERMITTED BY THE OPEN PUBLIC MEETINGS ACT. MOTION CARRIED. COUNCILMAN CARNS THEN MOVED THAT 6.4.5.(1) OF THE ARTS COMMISSION OPERATING PROCEDURES BE AMENDED TO ITS ORIGINAL WORDING STATING A PROPOSAL OF THE SELECTED ART WORK WILL BE SUBMITTED TO THE CITY COUNCIL FOR APPROVAL, AND DELETING THE REFERENCE TO MODIFICATION OR REJECTION. COUNCILWOMAN ALLEN SECONDED THE MOTION. MOTION CARRIED. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN GOULD, TO ADOPT ITEM (C) ON THE CONSENT AGENDA, AS AMENDED. MOTION CARRIED. ,AUTHORIZATION TO EXECUTE AMENDED RECIPROCAL EQUIPMENT USE AGREEMENT Item D on Consent Agen a The ,revised Reciprocal Equipment.Use Agreement had been prepared to add the Town of Woodway. Councilman Naughten asked if the higher use would cause,a shorter life for the equipment, and Public Works Director Leif Larson responded.that there really was not very much call for it so he did not feel shorter life would result.. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE ITEM (D) ON THE CONSENT AGENDA. MOTION CARRIED. APPROVAL OF'DEPOSITORY AGREEMENT FOR BANK SERVICES [Item (H) on Consent Agenda] Councilman Nordquist said a reference was made in the bid document to a two-year contract and he hoped the intent was to go for.rebid in two years. He said a motion had been passed that there r� U • March 20, 1979 - continued would be a rebid every two.years. Councilman Gould.said he still felt that situation should be re- examined every .two years— COUNCILMAN NORDQUIST MOVED,.SECONDED BY COUNCILMAN GOULD, TO ADOPT ITEM (H) ON THE CONSENT AGENDA..,,MOTION CARRIED. PROPOSED ORD.INANCE'.PROVIDING FOR.ASSESSMENT OF ONE-HALF DETENTION! COSTS ON PERSONS SENTENCED TO .IMPRISONMENT.;[Item (I) on Consent Agenda].. Councilman Carns inquired as to why the full detention costs could not be assessed, rather than only one-half. Police Chief-Marlo.Foster responded that.they felt 50% was probably all they could get. He said this was an experiment and would be in conjunction -with the work release program in the County.-.The,ordinance would.require assessment against each person sentenced by the Edmonds Municipal Court to imprisonment for.,violation of City ordinances or for contempt of court. Councilman Clement was concerned that this might create a cycle, with the person in detention and unable to work, , building up a bill he won't.be able to pay, thereby.adding to his burden. Chief Foster said many of these people do not have a.:financial problem. He added.that the Probation Officer will administer this. After further discussion, COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE ITEM (I) ON THE CONSENT.AGENDA, ADOPTING ORDINANCE 2057, AND THAT THIS BE REVIEWED ON SEPTEMBER 25, 1979. Councilman Gould suggested amending the ordinance to have it expire in six months, but Councilman Carns felt it could be cancelled after the September.25 review if the Council so decided. THE MOTION CARRIED, WITH COUNCILMAN CLEMENT VOTING NO. Councilman Nordquist noted, with regard to Item (K) on .the Consent Agenda in connection with the issuance of interest bearing warrants for the purchase of the Edmonds Elementary School, that Rainier Bank which had quoted the lowest rate of interest for.interim financing of the school purchase had sent a written confirmation`of 6.10% interest rate. • COUNCIL •. .. Councilman Nordquist advisedof the recent death of former Councilman Ken Welling and commented on his activities since retirement. COUNCILMAN NORDQUIST MOVED, SECONOED'BY COUNCILMO GOULD, THAT THE MAYOR'S OFFICE BE ASKEb`TO SEND A LETTER*OF CONDOLENCE TO MRS. KENNETH-WELLING. MOTION CARRIED:'` Councilman-Nordquist-noted,that.on`the next Board of Adjustment agenda there is an:item regarding a Conditional Use Permit for Bob Pantley for joint use 'parking, and,he said he was not aware this proposal had progressed this far Community Development Director John LaTourelle responded that this 'permi.t 'i s only for Mr. Pantl ey''s property and does .not involve the City/Port 'parking lot. Councilman Nordquist asked what the Clear Writing Seminar will cost the City. M.A.A. Charles Dibble responded that the cost will be approximately $1,100, with 30 participants. Councilman Gould reported•on the plans for the Council/Staff retreat scheduled for April 20-21. It will be at Port Ludlow, preceded:by a bus tour to Kirkland to'examine their waterfront and to the Greenlake area to examine a converted school facility. Itineraries were distributed, as well as a list of goal's established at last year's retreat. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT THE STAFF BE REQUESTED TO GIVE THE COUNCIL THEIR IDEA OF WHAT THEY .THINK'CAN BE DONE WITH THE EDMONDS WATERFRONT.IN THE WAY OF PEOPLE ORIENTED ACTIVITIES AND TOGETHER WITH COST ESTIMATES. MOTION CARRIED. COUNCILMAN.CARNS MOVED, SECONDED BY .COUNCILMAN GOULD, THAT THE STAFF BE PREPARED TO DISCUSS POSSIBILITIES OF IAC OR OTHER STATE AND FEDERAL FUNDING THAT COULD BE OBTAINED FOR WATERFRONT ACQUISITION AND/OR I.MPROVMEENT. MOTION CARRIED. M.A.A. Dibble advised that the.Staff does not have any clear ideas of what the'Council has in mind, and he,requested that`'any specific ideas be indicated. Councilman Gould noted, with regard to the Elementary'School, that the architect may be selected by the time of the retreat and.he_'might be invited to attend. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT.THE SELECTION OF THE ARCHITECT.FOR THE ELEMENTARY SCHOOL BE PLACED ON THE APRIL 3; 1979 AGENDA.- MOTION CARRIED. . • Councilman Gould asked if:there.was 'a"report regarding the 196th St. improvements. City Engineer Fred Herzberg responded that the water retention system will be in Maplewood Park and the present system is satisfactory even with the road improvement as the improvement should not cause a major .increase in runoff. He displayed.a map indicating where the State intended to acquire right-of-way, in view of the reports that.the.intent was to take it all from one side of the roadway instead of part from either side. Mr... Herzberg said the State'.s proposal would preclude removal of some manmade improvements such as fences and will lessen the curve in the road. Councilman.Carns felt it could not be determined by the drawing exactly what the consequences would be and he felt the property should be staked at the proposed lines so it could be examined. COUNCILMAN CARNS MOVED, SECONDED BY 'COUNCILMAN GOULD, THAT THE.STATE BE ASKED TO PROVIDE FOR STAKING TO ILLUSTRATE WHERE THE RIGHT-OF- WAY WOULD BE IF.5' WERE TAKEN FROM EACH SIDE OF THE ROAD AND ALSO IF 10,' WERE TAKEN FROM ONE SIDE AS 'THEY PROPOSE, AND THAT THIS BE ACCOMPLISHED BY APRIL 3, 1979. MOTION CARRIED.. Councilman Carns advised.that.in.talking with a representative.from the.Fire,Rating Bureau he was advised.that the two marble.companies in Edmonds are using,0-material that .is very volatile and could easily cause a fire.. Councilman Carns requested,that;the administration report to the Council April 3, 1979 on this subject and also on the smoke detectors. Councilman Gould said he had read.that Mountlake Terrace.will not,join the other cities in the Everett water'treatment'.study and he asked what effect that would have on the other cities. M.A.A. Dibble said he believed participation was based on all cities participating. Councilwoman Allen noted that.the agenda for Home.Occupation..Permit hearings this date had several which'did'not sound like home occupations. She felt, some new guide lines were needed soon. In that regard, as home occupations are scheduled for discussion Apri1..10, Councilman Gould suggested the Staff be advised of the kind of information which should be provided for that discussion. Information should include kinds granted, numbers granted, those declined, and the criteria and guidelines the Staff uses. Councilman Carns referred.to a letter from the City Manager of Mountlake Terrace to the South • Snohomish County Chamber of Commerce suggesting it is time to consolidate the fire districts under �40fi March 20, 1979 - continued • one chief for the three cities. He said the committee will.discuss this, although he is the chairman and he does not favor it. Councilman Nordquist suggested this would.be a good time for the Council to discuss the possibility of a Public Safety Director and to consolidate some of the leadership in the City. Councilman Carns felt that most cities that have tried the Public Safety Commissioner concept had returned to their former concept. Councilman Nordquist felt it was an interesting concept and should be explored.. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN GOULD, TO SCHEDULE A DISCUSSION OF THE PUBLIC SAFETY COMMISSIONER CONCEPT FOR APRIL 17, 1979. MOTION CARRIED. Councilman Naughten referred to a memorandum from the Public Works Director commending the Treatment Plant Superintendent for the outstanding maintenance and operation which kept the incineration system in continuous service since 1967 without a major shutdown for repair of the reactor. Coun- cilman Naughten said he agreed and.would like to commend them publicly for a fine job and for saving the City money.for repairs. Councilman Nordquist noted that in the audience was Vic Sood, Director of the Snohomish County Public Transportation Benefit Area Corporation and also a. Mountlake Terrace City Councilman. MAYOR Mayor Harrison said he had attended the yearly Man in the Sea symposium at which Edmonds was pre- sented an award for the work done in promoting safety in the underwater park. AUDIENCE Roger Hertrich of 1020 Puget Dr. was concerned that plans being made up regarding 196th St. were done by the State and required approval of only the Engineering Division. He said if he and others had not pursued the matter of the change in right-of-way nothing would have happened. City Engineer Fred Herzberg responded that they had been meeting with the State about once every two weeks to discuss what was happening and any,problems. Public Works Director Leif Larson added that when there is a change in a right-of-way plan from what has been presented to the Council then it is returned to the Council. He said they were unaware of the change under discussion until it was brought up by Mr. Hertrich. Mr. Hertrich was also concerned about the straightening of the road, feeling it would only increase traffic speed. He said he had heard conflicting stories regarding the width of the sidewalk from different representatives of the State. Also, regarding drainage, he said he understood the State will.increase the size of the culvert and they would not do that unless greater flow was expected, but -they indicate the water flow will not increase from this improvement. He said he felt the total impact to the canyon area really is not known. Mr. Larson advised that the retention system conforms to City standards. Councilman Gould felt the detail of the final drawings of the upper section should be requested so the Council can determine whether the State is doing what the Council asked. Councilman Naughten noted that in the audience was Steve Callender of the Snohomish County Planning Commission. HEARING ON P.C. RESOLUTION 614, RECOMMENDING APPROVAL OF CONTRACT REZONE FROM CG TO RMH, PROPERTY LOCATED AT NORTHWEST CORNER OF INTERSECTION AT SR 104, HIGHWAY 99, AND 242ND S.W. (File R-9-78 -- Boucher) Community Development Director John LaTourelle said the applicant had agreed to participate in the construction of 242nd St. and to install a walkway on the.,northern boundary of the property. The Planning Commission hearing was held on September 27, 1978 and there was no objection voiced. The proposed contract had been provided.to-the Council for review. Mr. LaTourelle recommended approval. The public portion of the hearing was opened,.no one wished to speak, and the public portion was closed. Councilman Nordqist noted that prior to the construction of the freeway this property had been used as parking for the Monogram Lumber Company, so even at that time it did not appear to have had much value. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO ADOPT ORDINANCE 2059, PURSUANT TO P.C. RESOLUTION 614, AND TO AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT REZONE AGREEMENT; FURTHER, THAT THE CONTRACT REZONE PROPOSAL WAS IN ACCORDANCE.WITH THE REZONE CRITERIA. Councilman Carns stated that he does not like to see rezoning from CG to RMH because the property is valuable, but in this case the value was taken away when SR 104 was constructed, so he would vote in favor of the motion on that basis. MOTION CARRIED. DISCUSSION OF IRISH ACRES SUBDIVISION WITH REGARD TO SETBACKS Community Development Director.John LaTourelle stated that he had been advised that the Building Department had no legal recourse except to issue a building permit for the lot in question and that the remedy the Owens were seeking was available only through the courts. In a memorandum to the Mayor and the. Council, City Attorney Wayne Tanaka advised that the property owners' recourse was to Superior Court or possibly by an appeal to the Board of Adjustment under Section 12.16.060 of the City Code which provides for appeals from ."any determination.or interpretation made by any City official in .the administration.or enforcement of the provisions of this Title (the Zoning and Platting Code)." The public portion of this discussion was opened. John Owen of 18508 90th Ave. W. reiterated his complaint. He felt the plat map presented to the public differed from that given final.approval in that they were shown a setback of 25' between Lot 6 of Irish Acres and Lots 3-4 in Tall Firs #2. He said'that.25' setback.directly affects their environment. He cited several sections of the City Code in support.of.his argument. He said it appeared that the final plat approved was i'n error, showing a 10' setback rather than 25', and he was asking for a correction of that mistake. Mr. LaTourelle said the fact that the building envelope did extend that far was not caught --that the issue was never raised -=but he had asked the City Attorney if he could administratively remedy that and he was told that.:he was obligated to issue the building permit. Mr. Owen stated that he therefore would have to -bear a large cost in suits against the City because of.a mistake made by the City. There was concern expressed by members of the Council and they asked if there was a possibility of a compromise between Mr. Owen and the developer. It was suggested that issuance of the building permit be delayed for two weeks, but Mr. Tanaka said he could not advise the Council 1 1 1 E March..20,.1979 - conti;nued 34 v� that they had the authority to stop the issuance of..the.,building permit. Mr. Owen suggested that the Council write a letter-to�the developer requesting he contact Mr. Owen and..seek moderation. He said he had contacted the -developer with no satisfaction. COUNCILMAN CLEMENT MOVED, SECONDED BY COUNCILMAN CARNS, THAT THE.MAYOR"S-OFFICE BE REQUESTED TO SEND A LETTER TO THE DEVELOPER OF IRISH `ACRES EXPRESSING THE COUNCIL'S.CONCERN OVER THE SETBACK ON LOT 6 OF IRISH ACRES AND ASKING THE DEVELOPER TO WORK WITH .MR.. OWEN WHO FEELS HE WAS MI.SLEDA- DURING!'THE- PUBLIC'HEAR'ING`'P.ROCESS;::AND TO REPORT.BACK JO THE COUNCIL...ON.APRIL 3, 1979 AS TO THE.RESULT OF THE NEGOTIATIONS. MOTION CARRIED. REVIEW.OF TRANSIT INTERMODAL STUDY Present for this discussion were Vic Sood, Director of the SCPTBA, and Scott Anderson, Project Manager from Parson Brinckerhoff.. Mr. Anderson described.four.alternatives for an intermodal terminal in the vicinity -of the ferry dock and railr.oad.�station. He said considerations had been given to.the City's waterfront goals, the Port's plans, etc. The first alternative, and the one favored, would unload bus_.passengers west of the railroad tracks, another would unload east of the tracks,.one would allow busses.to.go out onto the pier to drop passengers, and one would provide a parking structure near SR ,104, but that one was not satisfactory to either SCPTBA or the ferry system because they did not want to get involved in parking. Councilman Clement noted that the proposalwas aimed at increasing the number of people in the.Edmonds waterfront area without in- creasing -parking, and that a specific park and ride.lot has not been planned. The committee was commended for a good study.,.and presentation. There was no further business to come.before the Council, and the meeting was adjourned at 9:50 p.m. Wvv IRENE VARNEY MORAN, &4ty Clerk HARVE H. HARRISON, Mayor 1 is 1 1 0