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19820316 City Council Minutes407 March 16, 1982 The regular meeting of the Edmonds City Council was called to order at 7:33 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in. the flag salute. PRESENT STAFF PRESENT Harve Harrison, Mayor Irene VarneV..Mor*n* C 'ty. Ciiry Ray Gould Art Housler, Finance Director Jo -Anne Jaech Jim Jessel, Parks and Recreation Dir. Laura Hall Dan Prinz, Assistant Police Chief Katherine Allen Gary McComas,, -,;Fire Marshal John Nordquist Duane Bowman, Assistant City Planner Bill Kasper Wayne Tanaka, City Attorney Larry Naughten Mark Eames, City Attorney Teresa Quigley, Recording Secretary Mayor Harrison announced that Planning Director Mary Lou Block and Police Chief Marlo Foster were not present this evening as they were attending the Woodway annexation meeting. CONSENT AGENDA Items (C) and (D) were removed from the Consent Agenda. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the following: • (A) Roll call. • (B) Approval of Minutes of March 9, 1982. (E) Set date of March 30, 1982 for hearing on two -lot preliminary plat at 20115 81st Ave. W. (HOFTO/P-7-81) (F) Set date of April 6, 1982 for hearing on appeal of ADB recommendation for approval of a freestanding sign at 1233 Olympic View Dr. ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES (ABBEY). [Item (C) on Consent Agenda] As this claim was for injuries incurred when the claimant tripped on an elevated block in a City sidewalk and fell, Councilmember Nordquist questioned whether the property owner should be responsible. City Attorney Wayne Tanaka advised that the City and the property owner may share in the liability. He stated that he would research this possibility before disposition of this claim. COUNCILMEMBER NORDQUIST THEREFORE MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE ITEM (C) ON THE CONSENT AGENDA. MOTION CARRIED: ADOPTION OF TRAINING AND EDUCATION POLICY [Item (D) on Consent Agenda] Councilmember Jaech recommended that Sections 2.19:3, 4, and 5 of the proposed Training and Education Policy be amended to read "grade point of 2.0 or higher," and that the word "average" be deleted in this phrase in Section 2.19.4. Mayor Harrison concurred. COUNCILMEMBER JAECH THEREFORE MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, THAT THE PROPOSED TRAINING AND EDUCATION POLICY BE ADOPTED WITH THOSE AMENDMENTS. MOTION CARRIED. MAYOR • Mayor Harrison read aloud a letter from Peggy Harris,. 721 Sprague St., in which she expressed disapproval of the new lighting in the playfield across from her home. She feels that the lights are too high and too bright, and further objects to additional lighting that has been proposed. Parks and Recreation Director Jim Jessel responded that light shields have been ordered for a portion of the existing lights in order to reduce the glare, and that they will be installed before the end of March.. He stated that an athletic group has offered to donate more lights; however, neighborhood concerns will have to be resolved before additional lighting is installed. AUDIENCE Councilmember Kasper arrived during this portion of the agenda. - Dorothy Williamson, 703 Main St., presented to the Council.a petition signed by 22 neighboring City residents wherein they object to proposed additional lighting to be installed on the baseball field located between 6th and 7th Aves. and Bell St. She stated that existing lighting on an adjacent soccer field is too bright and that further lighting would compound the problem that neighbors are experiencing. She added that the new. light poles are too high. She said that the lights are kept on too late at night, sometimes past 11:00 p.m. She also expressed concern over the cost of the new lights and stated that projects such as this should receive more supervision from the City Council before implementation. She asked that the Council consider the concerns that she and her neighbors have over this situation. Ian Miller, 653 Bell St., stated that the playfield lights are left on when the field is not in use, and that he felt this was a waste of taxpayers' money. He complained about the noise generated by athletes using the field and suggested that they be denied further use of the playfield if they% have been excessively noisy. Mr. Miller recommended that..the lights be turned off at 10:00 p.m., and .that players be requested to turn the lights off when they leave the field. He also objected to the brightness of.the-lights. Don Stay, 715 Sprague St., stated that he felt there needed to be an adjustment to the lighting .° . program. He indicated that he was an advocate of athletics for the youth; however, that he felt the March 16, 1982 - continued • playfield is used excessively and that the noise created is intolerable. Mr. Stay stated that unless the field was policed he and his neighbors would be losing as taxpayers. Donna Miller, 653 Bell St., also representing the Johnsons of 645 Bell St., stated that they did not understand why professional lights were needed on the playfield and expressed concern over the cost to the City. She said she would like the light level reduced to what it was previously. Jeff Curtis, 657 Bell St., wanted'to go on record that he felt.the playfield lights are too bright and are left on too long. Parks and Recreation Director'Jim Jessel responded that shields will be placed on twelve lights on the north side of the field in order to reduce the glare for northside residents. He stated that although the new poles are four feet higher than previously,. they are much shorter than the standard. Mr. Jessel said that the lights were left on past 11:00 p.m. on one night ohly,.and that since then a new timer has been installed and is set to turn the playfield lights off at 10:30 p.m. With this device, he explained, the lights can also be turned off when the field is not in use. He stated that.previously the lighting was inadequate and that the present,lighting level is comparable to that used on playfields in Lynnwood and Mountlake Terrace. He added that the brightness of the lights diminishes with use, and that new lights would be:added later to keep the lighting level even. Councilmember Gould recommended that the lighting level.on the playfield be measured after the shields are installed and be compared with what is considered to be standard in order for athletes to play safely, rather than comparing with other playfields that may be overlighted. Mayor Harrison advised that no additional lights would be turned on at the playfield until the present glare problem is corrected, and that.a reduction in the present lighting would be considered. Dorothy Zenk,.;"from-,;the,'.Sail=,Inn-:Tavern, told the Council that she and one of her customers recently had received parking tickets in front of her place,�6f'.busi;ness�on"Sunset, Ave. `"She,-�ttated :that it had been her understanding that 4-hour parking was allowed on Sunset from Main St. to Bell St. as the businesses located there are commercially zoned, and that she had not been notified that the parking would be changed to a 2-hour limit. She said she was disturbed over the limited parking available for patrons in the City and also over the degradation of the scenic beauty of the City by overuse of signs. She asked the Council to consider a return of the 4-hour parking limit as her business; along with others on Sunset Ave., does not have enough parking for their customers. City Clerk Irene Varney Moran advised that 4-hour parking on the west side of Sunset from 120' north of Main to Bell was.established by ordinance 2225 in August of 1981. _ Assistant Police Chief Dan Prinz explained that there had been a problem last summer with little turnover in parking spaces in that area, mainly due to commuters leaving their vehicles, and that someone had pointed out that those businesses were commercially zoned and were supposed to be limited to 2-hour parking. He stated that this area is now properly signed. Mayor Harrison advised Mrs. Zenk that this matter will continue to be studied for feasibility. REPORT FROM FRANCES MURPHY ON BRACKETT'S LANDING Parks and Recreation Director Jim Jessel introduced Frances Murphy and Jack, Serwold who reported on the progress of the.Brackett's Landing Marine Preservation Task Force. Mrs. Murphy reported that the fund-raising campaign of the Task Force has been successful, and that they are proud to be self - supportive. She advised that with the help of three local banks,. reductions of the sketches that will be mounted on the beach are now being sold. Copies were distributed to the Council. She introduced members of the youth group that assembled displays in the banks, and the Council ex- pressed their appreciation to them. Jim Jessel advised the Council that they hoped to have the • sketch panels installed at Brackett's Landing Beach by the end of March. Jack Serwold, a teacher at Shoreline Community College, discussed the progress of the Ranger Program that was initially funded by a grant from the Lynnwood Rotary Club. He explained that he is training eight of his students to give demonstrations on marine activities and teach beach preservation both in classrooms and on.field trips to the -beach. When the.tides are low he said they are planning on patrolling the beach in order to help people with any questions that they may have regarding marine life. He stated that he had talked to Mr. Jessel also about offering assistance to divers, as he has several students qualified in diving. Mr. Serwold explained that the group has various plans to improve the beach's environment for marine life, including construction of an experimental tide pool. He stated that the Department of Ecology has granted the Task.Force $600 towards building this pool and if it is successful he felt they would offer further funding. He added that Lynnwood Equipment has offered to donate any equipment that is needed to build the pool. Asked how the rangers could be recognized on the beach, Mr. Serwold stated that they would be wearing special jackets with an emblem so that they would be easily identifiable. Frances Murphy added that a workshop will be held April 27 for teachers in the Edmonds School District to educate them on ,the program that will be available to their students. She told the Council that the Lynnwood Rotary Club has also donated $2,000 to be used in the form of scholarships to. Shoreline Community College for participants in this program. She requested at this time that the Council instruct the City Attorney to finalize the Shoreline Sanctuary Ordinance for future review and approval. Mayor Harrison and the Council expressed.their appreciation to Frances Murphy and everyone else who has worked on this project for a job well done. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCIL - MEMBER HALL, THAT THIS ITEM BE PLACED ON THE APRIL 6 CITY.COUNCIL AGENDA. MOTION CARRIED.. • March 16, 1982 - continued RECOMMENDATION FROM PLANNING ADVISORY BOARD REGARDING ADULT MOVIE THEATRES .Assistant City Planner Duane Bowman reported that the Planning Advisory Board,had conducted a public hearing on the proposed ordinance regulating adult entertainment within the city limits of.Edmonds following the Council's review of the ordinance. He stated that the Board recommends adoption of the proposed ordinance with one amendment. It is recommended that the definition of adult motion picture theatre in the proposed ordinance be amended to include "any open area." Rachel Martin, -owner of property on.Highway 99, updated the Council on Renton's and Redmond's positions regarding regulation,of adult establishments. She urged the Council to retain legal counsel experienced in this particular area to assist in preparation of the ordinance to control operation of adult theatres, etc. Councilmembers Hall, Naughton, and Nordquist agreed that the ordinace as drafted was sufficient and should be adopted in order to provide protection for the City.. Councilmember Naughton stated that changes could be made to the ordinance later if necessary. Councilmember Gould summarized a State antipornography bill that is waiting for the governor's sianature.. This bill in essence allows civil action to be brought against persons knowingly maintaining a moral nuisance. City Attorney Wayne Tanaka explained that this bill provides an alternate method of control from what the drafted ordinance proposes. He stated that this ordinance seeks to control adult establishments through zoning.. Don McQuade, 7215 .176th St. S.W., suggested to the Council that an effort be made to see that the theatre in Edmonds continues under the present management and is not allowed to show pornographic films. He stated that in the end the answer lies in the parents and their discipline of their • children, and that zoning will -not necessarily keep people from seeing these films, as they are available in outlying areas. Councilmember Gould strongly supported the proposed ordinance. He stated that the ordinance prohibits adult establishments as a first course of action, and should that mechanism fail by way of a legal challenge, alternate sections are provided to restrict these establishments through zoning. He said that he is convinced that the residents of Edmonds do not want these establishments allowed and expect the Council to take a strong action to establish legislation prohibiting them from the City. COUNCILMEMBER GOULD THEN MOVED, SECONDED .BY -COUNCILMEMBER NAUGHTEN, TO ADOPT ORDINANCE 2279, PRO- HIBITING ADULT MOTION PICTURE THEATRES, ADULT BOOKSTORES, AND ADULT ENTERTAINMENT CENTERS, INCLUDING THE RECOMMENDED AMENDMENT. MOTION CARRIED. COUNCIL REVIEW OF MEMBERSHIP CRITERIA FOR ARCHITECTURAL DESIGN BOARD Information had been provided regarding current criteria for this board. Assistant City Planner Duane Bowman stated that the only concern that the Board has is that it wants the flexibility of being able to go outside the community for technical expertise, as there can be conflicts of interest with local architects. Councilmember Gould questioned whether something should be added to the terms of office requiring a geographic spread of the lay members, and Mr. Bowman stated that the Board does try to select members from different areas. The criteria calls for one member of the Planning Commission to serve.as an ex officio member of the Board, and Councilmember Gould asked if this was necessary. Mr. Bowman replied that there is no longer a Planning Commission, that the Planning'Advisory Board had absorbed the Planning Commission's duties, and that he felt there was no advantage to having a member of the Planning Advisory Board serve as an ex.officio inasmuch as a member of the Planning Staff is always present at the Architectural Design Board meetingss. COUNCIL - MEMBER GOULD MOVED, THEREFORE, SECONDED BY COUNCILMEMBER NAUGHTEN, TO APPROVE THE CURRENT CRITERIA FOR THE ARCHITECTURAL DESIGN BOARD WITH THE DELETION OF THE LAST SENTENCE IN SECTION 10.05.010 REGARDING AN EX OFFICIO MEMBER SERVING FROM THE PLANNING COMMISSION. MOTION CARRIED. • COUNCIL Councilmember Kasper requested that an Executive Session be held following the Council meeting regarding personnel matters. Councilmember Nordquist advised that a letter had.been received from Vic Sood regarding transit use on 75th Ave. W. and suggested that a response be given following the May 18 Council meeting when this matter will be evaluated. Councilmember Nordquist advised that Sno-Isle has requested an additional book drop on Dayton St. Councilmembers Kasper and Allen stated that this was discussed in great length with the library system earlier, and that at that time Sno-Isle felt an additional drop was not needed. COUNCIL - MEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER NAUGHTEN, THAT THIS REQUEST BE DENIED. MOTION CARRIED. It was noted that this request would be reconsidered by the Council if evidence of necessity was shown. Councilmember Nordquist distributed to the Council a resolution passed by the City of Mountlake Terrace advising Metro to discontinue_ further consideration of the north 205th St. site for a "north operating base" because of its adverse.impacts to Lake Ballinger, the surrounding residential develop- ment-, and 'the 205th/244th St. traffic. He advised that he would be happy to attend the major hearing on this issue which will beheld April 7 and would like to have a similar resolution passed by the City of Edmonds to present to Metro'at that time. Councilmember Nordquist requested that the Metro Transit hearing scheduled for the Edmonds City Council.meeting be held earlier in order for the Council to have time to prepare and pass an ordinance of its own. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER GOULD, THAT DISCUSSION ON EXPANDING THE MAYOR'S POSITION TO FULL-TIME BE MOVED TO THE APRIL 20 COUNCIL AGENDA, AND THAT THE HEARING ON METRO TRANSIT'S PROPOSED BUS YARD SITE AT 205TH AND MERIDIAN BE PLACED ON THE MARCH 30 COUNCIL AGENDA. MOTION CARRIED, WITH COUNCILMEMBER HALL VOTING NO. Is March 16, 1982 - QQnti.nued Councilmember Hall.thanked Mayor Harrison for his.report on the National League of Cities conference held in Washington, D.C. She asked -if Snohomish County is now taxing AMTRAC real estate, and Mayor Harrison stated that he has not researched this issue. Councilmember Hall advised that Councilmember Allen and she had met with members of the Fire Depart- ment and will continue these meetings on a regular basis as she feels they are very valuable. Councilmember Hall read,.aloud a letter from members of the Coterie.of Edmonds requesting that the Council reconsider changes that are proposed to reduce parking on Sunset Ave. Councilmember Gould suggested that the changes be made as planned, and that the situation be reviewed.during the summer to see whether or not the changes have improved the problems that have occurred on this street in prevous summers. He noted that all of the work that is to be done was purposely set up to be removable if necessary. Other members of the Council concurred. COUNCILMEMBER GOULD THEREFORE MOVED, SECONDED BY COUNCILMEMBER HALL, THAT DISCUSSION ON SUNSET AVE. PARKING BE PLACED AS AN ITEM ON THE JULY 13 COUNCIL WORK MEETING AGENDA, AND THAT THE COTERIE OF EDMONDS ALONG WITH MEMBERS OF THE SUNSET AVE. PARKING COMMITTEE BE NOTIFIED OF THIS MEETING SO THEY CAN BE IN ATTENDANCE. MOTION CARRIED. Councilmember Allen referred to a letter from Mrs. I. M. Stallsmith expressing concern over the amount of her water bill. Councilmember Allen asked Mayor Harrison to check into this, as she also feels there is an error in Mrs. Stallsmith's billing. Councilmember Allen brought to the Council's attention that another letter had been received from the County Health Officer regarding the sewage problem in the Meadowdale area. She expressed her hopes that the State will provide grant money to help improve this situation. • Councilmember Allen noted that the Police Chief has requested that the matter of leasing police cars for 1982 be placed on the March 23.Council agenda, as a decision has to be made on the lease agree- ment by April 1. Councilmember Kasper requested that the possibility of using older police vehicles in other departments rather than purchasing new cars be considered. Councilmember Gould requested that the Council be advised of when the estimates for implementation of the Space Needs Study will be available, so that this matter can be placed on a Council agenda. layor Harrison stated that he would get this information for the Council. Councilmember Kasper noted that there will be a Council dinner on March 30, 1982 to discuss plans for the Council/Staff retreat. Councilmember Gould suggested.that those who will be attending the dinner review the summary of last year's retreat in preparation. There was no further business to come before the Council,.and the meeting adjourned at 9:30 p.m. IRENE VARNEY MORAN, C6Xy Clerk- HARVE H. HARRISON, Mayor March 23, 1982 - Work Meeting • The regular meeting of the Edmonds City Council was called to order at 7:35 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in,the flag salute. PRESENT STAFF PRESENT Harve Harrison, Mayor Irene Varney Moran, City Clerk Larry Naughten Jim Adams, City Engineer Jo -Anne Jaech Mary Lou Block, Planning Director Bill Kasper Marlo Foster, Police Chief Ray Gould Jack Weinz, Fire Chief Katherine Allen Art Housler, Finance Director Laura Hall Jim Jessel, Parks & Recreation Director John Nordquist Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA Items (C), (D), and (E) were removed from the Consent Agenda. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER GOULD, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the following: (A) Roll call. (B) Approval of Minutes of March 16, 1982.