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19820504 City Council Minutes• April 27, 1982 - continued COUNCIL Councilmember Gould referred to a memo from the Finance Director requesting a revision to the Budget on 1982 street projects, and Councilmember Jaech said that would be discussed at next week's Finance Committee meeting. Councilmember Gould referred to. a memo from the City Engineer regarding the sale of excess City real property. After some discussion, COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMSER KASPER, TO SET A MINIMUM ACCEPTANCE PRICE FOR THE 9TH AVE. PROPERTY AT NOT LESS THAN $1,500. MOTION CARRIED. COUNCILMEMBER GOULD THEN MOVED, SECONDED BY COUNCILMEMBER HALL, TO GET A NEW APPRAISAL ON THE 76TH AVE. PROPERTY (AT 76TH AVE..W. AND 242ND S.W.). MOTION CARRIED. Councilmember Gould read a.letter from Marion Ross confirming their conversation at last week's Council meeting and asking for a discussion regarding Councilmembers' salaries. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER HALL, TO PLACE ON THE JUNE 29, 1982 AGENDA A DISCUSSION ENTITLED "COUNCIL SALARY STRUCTURE REVIEW." MOTION CARRIED. The Councilmembers will be furnished copies of the letter from Mrs. Ross. Council President Kasper noted that the May 8 workshop may.have to be changed to May 15. Subjects to be discussed will be the Space Needs Study, taxes, and Meadowdale. Council President Kasper announced an Executive Session next week after the meeting on a personnel/ legal matter. Councilmember Naughten stated that the Fireworks Committee needs coffee cans of all sizes with plastic lids in which to collect donations for the fireworks. They should be taken to Bill's Hardware. Councilmember Hall had attended the School Board meeting the previous evening and noted that they will close Maple Park and Olympic schools. It concerned her that the School Board had not con- sidered the criterion of the location of the schools. She said they must realize that this is destroying the downtown bowl and creates inner city types of problems. She hoped pressure could be brought to cause them to reconsider. Westgate school is now under consideration for closure, and Councilmember Naughten noted that if that is closed there will not be any in the bowl area. Council - member Hall felt it made much more sense to have children walk to school and do away with busing. Council -President Kasper said the recently passed Salary. Ordinance regarding nonrepresented employees should be amended, based on the discussion at this evening's Personnel Committee meeting. COUNCIL- MEMBER,KASPER MOVED, SECONDED BY COUNCILMEMBER GOULD, TO AMEND ORDINANCE 2286 TO HAVE NO LIMIT ON THE SALARY INCREASE BUT TO LEAVE THE GRID THE SAME AS IT IS NOW ON THE NONEXEMPT POSITIONS. MOTION CARRIED. There was no further business to come before the Council, and the meeting adjourned at 9:50-p.m. IRENE VARNEY MORAN, City.perk May 4, 1982 HAP,VF_ H. HARRISON, Mayor 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 Jim Adams, City Engineer Laura Hall Irene Varney Moran, City. Clerk Ray Gould Mary Lou Block, Planning Director Bill Kasper Art Housler, Finance Director Larry Naughten Marlo Foster, Police Chief Jo -Anne Jaech Jack Weinz, Fire Chief Katherine Allen Steve Simpson, Parks & Recreation Director John Nordquist Mark Eames, City Attorney Steve Engle, Student Rep. Jackie Parrett, Deputy City Clerk Councilmember Naughten arrived at 8:00 p.m., having advised the Council President that he would be late in arriving. C014SENT AGENDA COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the following: • May 4, 1982 - continued (A) Roll call. (B) Approval of Minutes of April 27, 1982. (C) Repassage of Ordinance 2288, as amended. (D) Instruction to City Attorney to prepare proposed amendment to Chapter 15.00.020(B)(5) of. Community Development Code regarding revised fee schedule for plan checks. (E) Adoption of Ordinance 2289 amending 1982 Salary Ordinance. (F) Adoption of Ordinance 2290 amending 1979 edition of Uniform Fire Code, adopting 1981 edition of Life Safety Code, and amending Section 19.75.175(A) and (B) regarding smoke detectors in residential and commercial buildings. (G) Adoption of Ordinance 2291 amending Chapter 17.00.020 of Community Development Code to provide requirements for.zoning annexed land (CDC-5-82). (H) Set date of May 18, 1982 to meet with petitioners on proposed annexation of 181st Pl. S.W. and for proposed annexation of Woodway/Westgate/McDonald's area. Councilmember Nordquist asked to add an item to the agenda just before the "Council" portion as it was urgent and had to do with the new library construction. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO PLACE ON THE AGENDA AN EXPENDITURE ITEM AT THE LIBRARY CONSTRUCTION SITE. MOTION CARRIED. MAYOR • Mayor Harrison offered the name of Wanda Russell for appointment to the Library Board to fill the position vacated by Don Schroeder. The Council will interview Ms. Russell at 7:15 p.m., May 11, 1982. HEARING ON PLANNING ADVISORY BOARD RECOMMENDATION FOR DOWNTOWN PARKING REQUIREMENTS Planning Director Mary Lou Block stated that this proposal originated with a recommendation from Dave Larson, a member of the PAB. His recommendation with supporting reasons was furnished to the Council. His recommendation had been to require one parking space for each 600 sq. ft. of building -- a flat figure --rather than the current requirements which are variable and more difficult to compute and administer. His recommendation would reduce the parking requirements in the Downtown Business Area by approximately one-half which he thought was more in line with the pedestrian orientation of the downtown area. He noted that many of the small shops depended on walk-in customers from banks, restaurants, etc. After hearing the matter, the PAB recommended a requirement of one space per 1,000 sq. ft., closer to the existing requirement. At the time it went to the PAB the Staff had recommended a requirement of one space per 500 sq. ft. Ms. Block recommended that the proposal be given serious consideration before making a decision, noting that it is proposed for the waterfront as well as for the downtown area. She distributed comparison sheets which indicated what the requirement would be for various types.of uses figured under the current Code, the Staff recom- mendation, and the PAB recommendation. In addition, a letter had been received from Lloyd Ostrom suggesting the use of both the existing method and the one per 1,000 sq. ft. method, the existing method being applied to a building's uses and the one per 1,000 sq. ft. method being applied in determining the portion of a lot that a structure could cover. Councilmember Gould read aloud the last portion of Mr. Ostrom's letter and thought it should be considered. The hearing was opened. Lloyd Ostrom, 711 Puget Lane, representing the Edmonds Council of Concerned Citizens, said they do • not take issue with the recommendation from the PAB from the standpoint that they do not want to pave over downtown Edmonds with parking lots, but they do not want to damage the practicality of the In -Lieu Parking Fund. He said the fees recently were raised and this would cut them in half. He thought it would take some thinking and discussion to see what all the ramifications are. No one else wished to speak, and the hearing was closed. Councilmember Allen observed that Mr. Ostrom's proposal was enough different that possibly the PAB should consider it. Natalie Shippen, in the audience, said this had been brought up from the audience at the PAB hearing but they had not considered it. John McGibbon, a PAB member, was asked his feeling about the PAB recommendation as he had voted against it but no reason was given. He said he had voted against it because he did not see any point in reducing the parking when there appears to be a parking problem.in the business district, but he was the only one to vote no. Ms. Block noted that at the present time people have the option to provide their parking by means other than on -site. Mayor Harrison suggested the possibility of the City's finding a way to purchase a lot so those people who develop can buy their parking requirements or lease them from a City facility, and that way the City would be assured the lease would run continuously and the downtown could develop in an orderly manner. Councilmember Kasper suggested some sites might be acquired under the Community Redevelopment Act. Councilmember Allen thought Mr. Ostrom's proposal should have some further examination, and she wished to see it worked into'the comparison chart provided by Ms. Block. (Councilmember Naughten arrived at this time.) Councilmember Gould thought the present method made sense although it may be more complicated, and he thought Mr. Ostrom's letter had merit. There was discussion as to whether to remand this to the PAB. Some felt that new information had been provided and the PAB should have the,opportunity to consider it all. Some thought the Council and PAB should consider it together; and also any other interested group should be present. Finally, COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, TO REMAND THIS TO THE PAB WITH ALL THE INPUT RECEIVED THIS EVENING, INCLUDING THE MAYOR'S RECOMMENDATION, THE COMPARISON SHEET FROM THE PLANNING DIRECTOR, AND THE RECOMMENDATION FROM THE EDMONDS COUNCIL OF CONCERNED CITIZENS, TO BE HEARD AT THEIR MAY 26, 1982 MEETING, WITH A REPORT BACK TO THE COUNCIL AT THE EARLIEST DATE. MOTION CARRIED, WITH COUNCILMEMBER NAUGHTEN ABSTAINING BECAUSE HE WAS NOT PRESENT FOR THE ENTIRE DISCUSSION. r1 U • May 4, 1982 - continued HEARING ON PLANNING ADVISORY BOARD RECOMMENDATION FOR AMENDING CHAPTER 17.40.030 OF COMMUNITY DEVELOPMENT CODE TO CHANGE REQUIREMENTS FOR AGGREGATING NONCONFORMING LOTS Planning Director Mary Lou Block stated that when the Council considered this previously they discussed the idea of requiring a covenant which would describe the aggregated lots and would be filed with the County Auditor in lieu of processing a subdivision of the property. The covenant would include a provision to insure completion of the required improvements with the issuance of a building permit or an agreement to support an LID for water, sewer, and street improvements. The Council.directed.the City Attorney.to prepare an ordinance which would amend the Code and require such a covenant to aggregate nonconforming lots. When the PAB conducted a public hearing on this proposed Code amendment it was the recommendation of the Staff that the proposed ordinance, incor- porating the provision to include a no protest clause against a future LID, be approved. The PAB, however, felt that such a no protest clause was usurping the rights of future property owners. The PAB recommended approval of the ordinance without the no protest provision. Ms. Block stated that before final adoption of the ordinance in either form it must be submitted to the State for a 30-day review period, a requirement for any amendment to the City's subdivision regulations. The hearing was opened. Michelle McFadden of Manchester, Washington, an attorney who had brought this to the attention of the Council on behalf of a client, said she was in agreement with the Staff's draft until they get into the part about the covenant. She did not disagree with what they were trying to do, but she said the problem is an equity question as the City does not get anything from the per -son who has only one parcel of land, only that person who has several aggregated parcels. She did not .think that under the existing law people could be required to resubdivide property that already had been subdivided. Although she could see some reasons for attaching the covenant, she did not think it equitable for people who own individual lots, but she said the potential for inequity.may work itself out because the party can go to the Hearing Examiner. No one else wished to speak, and the hearing was closed. City Engineer Jim Adams said the only purpose of the proposed covenant was to provide that the property owners will help to build the road when it goes in; otherwise, it will be put in with the subdivision. City Attorney Mark Eames added that the no protest clause is only one of various options that can be required. COUNCILMEMBER GOULD THEN MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ADOPT ORDINANCE 2292, AMENDING SECTION 17.40.030 OF THE COMMUNITY DEVELOPMENT CODE, REMOVING THE REQUIREMENT THAT AGGREGATED NONCONFORMING LOTS.BE RESUBDIVIDED INTO CONFORMING LOTS, AND INCLUDING PARAGRAPH C.2. REGARDING A NO PROTEST CLAUSE RELATIVE TO ANY FUTURE LID ON THE PROPERTY. MOTION CARRIED, WITH COUNCILMEMBER.ALLEN VOTING NO. HEARING ON PROPOSED ORDINANCES RELATING TO CRIMES AND PUNISHMENT Police Chief Marlo Foster reviewed the three ordinances which would bring the Edmonds City Code into conformance with State law. The hearing was then opened, no one wished'to speak, and the hearing was closed. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER HALL, TO ADOPT ORDINANCES 2293, 2294, and 2291, RESPECTIVELY RELATING TO CRIMES AND PUNISHMENT, DEFINING "PUBLIC OFFICER," AND DEFINING"DELINQUENT CHILD." MOTION CARRIED. PRESENTATION OF APPRAISAL OF ALLEY VACATION, LOCATED VICINITY OF 8TH AVE. S. AND ELM ST. The City Council had approved the alley vacation, subject to retention of a 10' utility easement centered on the existing storm sewer line and the payment of compensation for the vacated property, the compensation to be determined by an appraisal. Planning Director Mary Lou Block stated the appraisal was $12,600. The property owners were notified of this evening's presentation and were represented by one of them., Mr. Nicholson. The Councilmembers had been furnished with copies of the appraisal, and Councilmember Gould noted that the appraisal was based on the highest and best use of the property. Mr. Nicholson, speaking only for himself, said he had not cared whether the alley was vacated or not. He said the alleyway is not buildable and he did not think it would hold riprap or landscaping. He said that historically alley vacations have been "dirt cheap" and he would hold further comment until he saw what price the Council placed on.it.` Councilmember Kasper said the appraisal was too.high as they were not selling deeded land, only releasing easements over it. There was a lengthy discussion to determine exactly what the vacation would do, especially in light of the fact that there is adjacent City property. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCIL - MEMBER ALLEN, THAT THE COMPENSATION TO BE PAID WILL BE $250 PER LOT, EACH VACATION BEING 10' WIDE. Councilmember Gould said he thought that was too much. THE MOTION CARRIED, WITH COUNCILMEMBERS GOULD AND KASPER VOTING NO. The motion later was clarifed to mean that this was a vacation of 10' only and that the City's property would continue to have the easement over it. A recess was announced. DISCUSSION OF ESB 4972, LOCAL GOVERNMENT REVENUE TAX PACKAGE Councilmember Jaech said this item had been discussed this evening by the Finance Committee, and she asked that the City Attorney give a brief summary.of the bill. City Attorney Mark Eames then reviewed it. Councilmember Jaech then read a letter from Willis Tucker to all Mayors calling attention to the urgency of passing an ordinance by May 14.in order to implement the sales tax increase by July 1, and stating that the County ordinance will be passed the next week, and she noted that a letter from AWC also had been received on the subject. It was noted that the County is going to pass it anyway and the City must do so in order not to have all the funds go to the County. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER NAUGHTEN, THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT AN ORDINANCE THAT WILL ALLOW THE CITY TO CHARGE THE HALF -CENT SALES TAX WITH THE IDEA THAT THE CITY WILL DRASTICALLY REDUCE THE UTILITY TAX, AND INCLUDING THE PROVISION FOR INITIATIVE PROCESS OF THE PEOPLE. He added that at the May 8 Council workshop the Council will examine closely the details and that this action is an effort to make timely the ordinance. THE MOTION CARRIED. EXPENDITURE'ITEM'AT LIBRARY CONSTRUCTION SITE (Added to agenda) Councilmember Nordquist said two dumpsters had to be relocated to the west on the Dayton St. side of 436 May 4, 1982 - continued • the library and there will be a curb cut and some landscaping, the estimated cost.being $5,000. This had to be done immediately while the asphalt is lower. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE RELOCATION OF THE GARBAGE DUMPSTERS AND THE LANDSCAPING OF THE DAYTON ST. DAY CARE ENTRANCE., MOTION CARRIED. COUNCIL Councilmember Allen noted that Liberty TV Cable is raising its rates again. Councilmember Naughten said there is a question of a utility bill owed by the Boys' Club and he asked the Council Finance Committee to review it. Councilmember Naughten suggested that the Council meet with the PAB to discuss their goals and interface with the Council. That.was scheduled for June 22, 1982. Councilmember Naughten asked that the City Attorney draft a resolution thanking Senator Gould and Representative Nelson for their work on ESB 4972. Councilmember Hall asked if there will be an elevator in the new library and was told there will be. Councilmember Hall referred to the traffic signal to go in at Puget Dr., noting that the school there is closing. City Engineer Jim Adams said the signal there now is borrowed from the Department of Transportation and the new one to go there has been federally funded. He said a signal is still warranted at that intersection, even .though the pressure to install it was from the school. He added that the City is paying for all the sidewalks to the school, and now the school is closing. Councilmember Gould noted that the Council will be considering a proposal for the "Fishin' Hole" w concession -next week and that a letter was received regarding another proposal from another party which also should be considered. Council President Kasper advised that AWC will have a meeting May 18 on ESB 4972 at the Everett Holiday Inn. Council President Kasper inquired about the title policy for the cemetery, and City Attorney Mark Eames said he would check on it. Council President Kasper referred to a request from the City Engineer for a revision to page 131 of the Budget regarding 1982 street projects. This revision was necessary because some of the 1981 projects were not completed so the expenditures were not made, but those expenditures will be made in 1982. COUNCIL PRESIDENT KASPER.MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE THE BUDGET REVISION FOR STREET PROJECTS AS REQUESTED IN THE CITY ENGINEER'S MEMO OF APRIL 13, 1982. MOTION. CARRIED. Council President Kasper noted that a letter had been received from Jerry Zirkle of the Department of Transportation indicating that the SR 524 construction will be completed at the earliest possible date, mid -summer at the latest, and expressing understanding for the citizens' impatience at the delay. Council President Kasper noted that the Council workshop will be Saturday, May 8, at 9:00 a.m., preceded by coffee at 8:30 a.m. He asked that if possible all Staff members be present for the Space Needs portion. There was no further business to come before the Council, and.the meeting adjourned to Executive Session at 10:20 p.m. to discuss a personnel matter and a legal matter. IRENE VARNEY MORAN, CityoClerk HARVE H. HARRISON, Mayor 1 0