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19830104 City Council Minutes77 . January 4, 1983 The reSular meeting of the EdmoHds City Council was called to order et 7:40 p.m. Q Mayor harve: Harrison-, in the: Plaza Meeting Room of the Edmonis Library, All present joined in thn flay salute:. PRESENT STAFF PRESENT Harve.Harrison, haycr Jim Adams, City Engineer Bill Kasper Irene Varney Moran, City Clerk Larry Naughten Mary Lou Block, Planning Director Ray Gould Ma.rlo Foster, Police Chief Laura Fall jack Weinz, Fire Chief Katherine Allen Steve Simpson, Parks & Recreation Director Jo -Anne Jaech Pat LeMay, Personnel Director John Nordquist Art Housler, Finance Director Tambi Shaw, Student Rep. Wayne Tanaka, City Attorney Mark EEmes, City Attorney Jackie Parrett, Deputy City Clerk Counci lmember Nordqui st arrived during the "COUNCIL" portion of the meeting, at 2:20 p.m. He apologized for being late, sayi g he had been assisting neighbors whose home had been broken into and vandalized. MAYOR Mayor Harrison referred to, a letter from Property Manager dirt Jesse! regarOing the Talbot Rd. property appraisal. The City of Lynnwood is interested in this property as a buffer for its treatment plant and appraisals on.it have ran ed from $5,000 as a. nonbuil0 ble creenbel;: to $50,00C as a buildable • parcel. Mayor Harrison suggested that he continue to work with the City of Lynnwood regarding a possible trade of property. Lynnwood is acquiring the old gravel pit, just north of Perrinville, from the County, and that: could make a satisfactory site for municipal storage which Edmonds needs. It was agreed that no new appraisals should be rude at -this time on the Talbot Rd. property, and the Mayor will continue his eiscussions with Lynnwooe officials. Mayor Harrison advised of receiving a letter from Fire District 1, offering to share with neighboring fire departments their new mechanical service and repair facility. the facility is equipped to service fire apparatus and has specialized tools and equipment, as well as a full -tire, trained mechanic. The service is offered at a cost of $25 per hour, plus parts and matErials. Mayor Harrison advised that the Boundary Review Board will hear the McDonal d's/ Woodway High School annexation application on January 11, 1982 at 7:30 p.m. He will attend, as well as some of the staff., to re,resE"t the Ci tl* Mayor Harrison. noted that he had received a. letter from City Engineer Jim Adams with a copy of the appl i cati on for wai ver of secondary sewer tree trraen t ant i t was avai 1 abl e for the Counci 1. A copy also is in the library. * Mayor Harrison had received a letter From Jurgen sauerland, copies of which were furnished to the Council, in which Mr. Sauerland expressed disappointment that the Council had not confirmed his appointment to the Planning Board. Because the rejection occurred in a public meeting and received certain publicity, Mr. Sauerland felt he was entitled to a public discussion and explanation of the matter. Mayor Harrison stated that ;perhaps be did the Council a disservice by not providing resumes of Mr. Sauerland and Mr. '?osier, and he asked if the Council would be interested in receiving such resumes. Councilmember Tould said he knew enough from exposure and personal knowledge, and that his vote would not changa. Counci lmember Naughten thought that out of courtesy if someone is rejected he should be told why. He noted that the Council has to vote in public but there is no • disci.;ssion required. It was suggested that the Council President might write a letter, but Council President Kasper said ke could not speak for rerscnal votes of other members. The discussion ended with no action. Mayor Harrison asked for confirmation of his appointment of Jeanie Johnson to Position 3 on the Planning Board. She had been interviewed by the Council just prior to this evening's meeting. COUMCiLMEMBER NAUGHTEN MOVED, SECONDED By COUNCILP EMBER HALL, TO CONFIRM THE MAYOR'S APPOINTMENT OF * JEANIE JOHNSON TO POSITION D, CAN THE PLANNING BOARD, TERM TO EXPIRE DECEMBER 31, 1983. MOTION CARRiEC. Mayor Harrison asked for confirmation of his appointment of Michael Pederson, an architect, to Position 1 on the Architectural Design Board. Council President Kasper noted that in Mr. Pederson's interview this evening it was revealed that he is very well qualified for the Planning Board, as . well as the Architectural Design:Board, and he expressed an interest in the Planning Board. He has served as Chairman of the Mukilteo Planning Board and lives in the eastern !portion of the City. Mayor Harrison suggested that Mr. Pedersen be appointed to the Architectural Design Board, and he said.he will movehimif that is Mr. Pederson's desire. COUNCILMEMBER idAUGHTEN MOVED, SECONDED BY COUNCILMEMBFR JAECH, TO CONFIRM TYE MAYOR'S APPOINTMENT OF MICHAEL PEDERSON TO . POSITION 1 OIL THE ARCHITECTURAL DESIGN BOARD, TERM TO EXPIRE_ NOVEM3ER 5, 1933. MOTIOiv CARRIED. Mayor Harrison asked for confirmation of his appointment of Shawn Parsons, a landscape architect, to Position 4 on the Architectural Design Board! COJNCiLMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO CONFIRM THE MAYOR'S APPOINTMENT OF SHAWN PARSONS TO POSITION 4 ON THE ARCHITECTURAL DESIGM BOARD, TERM TO EXPIRE NOVEMBER 5, 1986. MOTION CARRIED. Mayor Harrison asked for confirmation of his reappointment of Ann Wermus to Position 4 on the Libro ry Board. She currently is serving as Chairman. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO CONFIRM THE MAYOR'S REAPPOINTMENT OF ANN WERMUS TO POSITION 4 ON THE.LIBRARY 1300C, TERN TO EXPIRE DECEMBER 31, 1987. MOTION-CARRIEU. Mayor Harrison also wished to appoint Betty Jane Ballasch to the Library Board. She is a former head librarian of the Edmonds Library. A resume will be furnished. She will be interviewed January 25, 1983, at 6:30 p.m. • *See additions/corrections 1/11/83 7.. January 4, 1983 - continued • Mayor Harrison asked for confirmation of his appointment of Chuck Cain .to Position 3 on the Civil Service Commission. He has served two full terms but there is no limit to the number of terms one can serve on the Civil Service Commission. He has been active as a volunteer fireman for over 20 years and Mayor Harrison said he had done an outstanding job on the Civil Service Commission. COUNCILMEMBER NAUGHTEN MOVED, SECONDED.BY COUNCILMEMBER HALL, TO CONFIRM THE MAYOR'S REAPPOINTMENT OF CHUCK CAIN TO POSITION 3 ON THE CIVIL SERVICE COMMISSION, TERM TO EXPIRE DECEMBER 31, 1988. MOTION CARRIED. Mayor Harrison offered for appointment to the Board of Appeals the names of Ken Hovde, Bert Stole, and Tom McNerney. They will be interviewd January 25, 1983, at 6:30 p.m. Resumes were requested for these nominees. COUNCIL Student Representative Tambi Shaw stated her new address for the Clerk. She also advised that she will not be present next week because she will be vacationing in Paris. Ms. Shaw reported on the progress withthe jaywalking problem at 212th and 76th. She said Community Transit had rejected the suggestion to revise the bus schedule to allow the bus to arrive five minutes later because it would necessitate adjusting additional schedules, but they suggested a new bus shelter in front of the circular driveway at the school.. This will require an easement. The second suggestion to move .the bus -stop to the west�on 212th and install a crosswalk was approved by Community Transit. Ms. Shaw said the bus shelter on the south side will be far enough to the east so the driveways will not be blocked by waiting students. She had coordinated these changes with Bill Nims, the traffic engineer for the City. Councilmember Kasper said he was surprised that the Engineering Department approved this as it will completely block the traffic. Ms. Shaw said they had gone out and looked at it --Bill Nims, the transit people, and she. Councilmember Gould observed • that if the students want it to work and.they like this arrangement it probably will work. COUNCIL - MEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE PROPOSAL FROM THE STUDENT REPRESENTATIVE REGARDING THE NEW LOCATION'OF THE BUS SHELTER. MOTION CARRIED, WITH COUNCILMEMBER KASPER VOTING NO. Councilmember Kasper said the circular.drive is a fire lane and this will cause it to be congested. COUNCILMEMBER JAECH MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER NAUGHTEN, TO CONTINUE THE LAST ITEM ON THIS EVENING'S AGENDA (CONTINUED REPORT ON HIGHWAY 99 UTILITY STUDY AND FINANCING OPTIONS) TO JANUARY 18, 1983, FOLLOWING A REVIEW BY THE FINANCE COMMITTEE ON JANUARY 11, 1983. She said the Finance Committee will discuss it next week and report on their discussion the following week, with a report to the Council President for the agenda item on January 1.8. MOTION CARRIED. Councilmember Jaech requested a status report next week on the evaluation system for exempt em- ployees. Personnel Director Pat LeMay said he had been working on a proposed evaluation system and nonunion wage and salary program and that will be in next Friday's packet. He said he previously had proposed to the Council President that this be discussed January 18, 1983. Councilmember Naughten commented .for the audience on the changes in the agenda format. He then asked when.the full-time Mayor issue will be discussed. It was decided to discuss that on January 25, 1983. Councilmember Naughten said he did not see on the extended.agenda the report from the Mayor re- garding funding of a gambling control and vice officer as opposed to his proposed public works employment project. Mayor Harrison said the Police Chief and -he -had discussed it and are in agree- ment that the officer position should be funded but that there are adequate funds in the Council Contingency Fund to do so, and he felt those funds would be better used than touching the public' works program. Councilmember Gould said the Council was asking him to choose between the $65,000 public works program and the officer --to say which was first in priority. Mayor Harrison said he • did not want to touch the public works program --that is his first priority. Councilmember Naughten said he would like to remove that item from this evening's agenda and move it to the Personnel Committee meeting on January 18. Mayor Harrison said the presentation was ready to be made this evening, so.it was left on the agenda. Councilmember Naughten asked when the Council Committee assignments would be reviewed, and Council President Kasper responded that whoever is elected Council President will make the committee appoint- ments. Councilmember Naughten said his term on the Disability Board had expired, and Mayor Harrison asked for a.volunteer. No one volunteered at this time. Councilmember Hall said the outside stairway of the library building is very slippery, and Parks & Recreation Director Steve Simpson said they are looking at.a method of coating the stairway and the job will go out to bid by the Engineering Department. City Engineer Jim Adams said it has to be done when it is dry and warm or the material. will not adhere. Council President Kasper asked for a volunteer for the Shared Services Committee as Councilmember Allen will have to give it up. No one volunteered at this time. Councilmember Nordquist arrived at this time, 8:20 p.m. Council President Kasper commended the Finance Director on the reduced insurance costs for the City's insurance requirements for 1983. Council President Kasper asked the status of the Meadowdale study for a block grant, and Planning Director Mary Lou Block responded that there should be an answer by the end of this month.. . January 4, 1983 - continued CONSENT AGENDA. Items (C), (E), and (H) were removed from the Consent- Agenda.. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the followric: (A) Roll call. (B) Approval of Minutes of December 21, 1982. (D) Adoption of Ordinance 2341, vacating right-of-way in vicinity of 101 Caspers St. (Hubbard/ ST-5-82) (F) Passage of Resolution 540, setting February 1, 1983 as date for hearing! on Copy dart annexation. (G) Authorization for Mayor to sign revise+ interlocal agreement for SNOPAI.. PROPOSED .ORDINANCE REGA.Ri;ING COMPENSATING_ TIME FOR NON_REPRESENTED, NONEXEMPT EMPLOYEES Item C on Consent Agenda] Councilmember Jaech said the Council had been discussing strictly the nor represented, nonexempt employees, but the department heads wera included in the proeosed ordinance. City Attorney Wayne Tanaka explained that the entire. compensatory time ordinance for the whole City was redrafted, but there war-- no changes rzade to what currentlY exists for department- heads --the changes were only regarding the the nonrepresented, nonexempt employees. Fo said the current ordinance provides for . compensatory time for department heads and assistant department.heads, and this ordinance does not change that, 'jut it doer put a cap, on accumiulation of compensatory time by nonrepresented, nonexempt employers. This ;proposed ordinance would leave everything status fluo except for the rrorrrep resented, nonexempt employees. Councilmember Gould suggested Massing it and then the Council can talk further about any additional charges for e;ctmpt enploy yes. COUNC'L-1EMBER 1k:.A1S?-R MOVED, SECJ IDLD BY COUNCIL - MEMBER JAECH, TO ADOPT ORDINANCE. 2340 AND ,AT THE FEBRUAR,Y 22 P'=RWING=L MEETING TO REVIEW THE PORTION OF THE ORDINANCE APPLICABLE TO EXEMPT EMPLOYEES. MOTION CARRIED. PROPOSED ORDiNANCE RI_ ARDIN PLASINi.lu BOARD Item !E) on Consent (ienda Councilmember Naughten referred to on page ? of they ordinance and said it was his understanding that all ;ambers were to be residents or the City of Edmonds, rather than ";fit least five r:,cmbers. as sCai.ad in i:S•{ie proposed ordi nance. That was the consensus .of the Council. City Attorney Wayne Tanaka explained ilhat 1.1 dr:fting the ordinance he had used a copy furnished by Mr. Mattson which "=:d tha notation oetiried in, as ad the official copy provided to the clerk. COUNCILMEMBER NAUGHTEN MOVED, SECONDED.BY COUNCILMEMBER ALLEN, TO A;JUF''1' OiRDINA?JCE 2342 BUT IN 10.40.020A.I. ON PAGE 2 TO STRIKE THE WORDS "AT LEAST FIVE. . ." SO THAT IT READS "MEMBERS OF THE BOARD MUST BE RESIDENTS OF 'i1'E CITY OF " NOTIO^I CP;,tRIED. Councilmember Naughten commended Councilmember GOilld for his 1-adershi r on this issue, swing he -,bought they were now coming up with a better program ,and wor,:inc reiationshir, Councilmember Hall questioned the wcruing in 1u.40.020B regarding the term of appointment. S're noted that fcllowing the statement of the length of terra it states '°. . . and until the successor is appointed and confirmed." She noted that a person may be unable to continue for one reason or another, such as if he moves out of the area. C.i•ty Attorney Wayne Tanaka responded that most elective offices, including Council positions, have this provision as it provides for situations sucr as when liere is a problem confirming an appointee and there is no quorum --this way the hoard can still conduct business. AUTHORIZATION TO INCREASE PAYMENT TO WASHINGTON APPRAISAL SERVICE FROM $700 TO $860 FOR L'D 211 Elter; (H) on Consent'Agerda- • Councilmember Could questioned the reason for the increase. CityEngineer Jim Adams expla.ined that the appraiser had attended t-wo meetings. ;;ne had been at. t.•ir. Adams' Voffice on December 3 at which the appraiser disciisssd the ME?thod of assessment, and the other had been the City Council meeting which he attended to answer any questions. He had been hired by the Rowes, and at the end of the presentation made by the Rowes' attorney the attorney had asked the Council if they would agree to pay the costs, which he aSsuimed were '$700, not being aware of the additional $160 for the two meetings. Mr! Adams noted t'iat most of ti,is would still be paid by the Rowes. Councilmember Kasper suggested Paying for the hour the appraiser workeu with the City Engineer but not for anything else, and Councilmember Go,�ld acre,ed', saying :e saw tic reason to pay the $60 unless the appraise- was invited to testify. C"U, ^IL,"E'�I4`R K E7ER flOVED, SECONDED BY COUNCILMEMBER GOULD TO INCREASE THE PAYMENT TO '4ASHINGTON APPRAISAL SERVICE FZvi` $700 TO $780 FOR LID 211. MOTION CARRIED. HEARING ON A?P2A►_ FROM HEART:AG F_ A-!11N R D"'NIAL OF VARIANCE (COOPER/V-15-82 Planning Director Mary Lou ';l�)cl: stated that this item was heard by the Hearing Examiner on NoVERber 18, 1982, issuing his decision to deny the variance on December 0", 1982. 'Che applicant filed an appeal on December 13, 1982. Tthe� i n i t-i al a: � l i cati on was �(, far a ;, height variance because they were unable to reach the sewer line w�itiroui; t%e variance, the original calculations were incorrec-: and th^ nerd for a 5' variance was nc lon,gcr rc�,-;ciredl. ,? 2' variance was 'then requested, arrd ultimatel- ;;as denied. The apelicants had submi,cted that special circumstances exist because of special designs of their structure for solar energy. The Fearing; Examiner indicated that although the proposed structure is designed to utilize solar energy other special circumstances do not appear to exist for the granting of the variance, and because •:he structure could be built on other portions of the lot: without the need for a variance, it appears that no circumstances exist to necessitate a variance under Section 20.85.010(A) of the Community Development.Code. His denial was based on the fact that the granting of the variance does not meet all the criteria as set forth in Chapter 20.85.010 of the Community Development Code,.the specific sections not.met.being Section A, special circumstances existing necessitating the granting of a variance; Section B, special privileges; and Section F, the r1 u January 4, 1983 - continued . minimum variance. He stated the granting of a variance would appear to be a special privilege to the applicants, and because other sections.of the property.can be developed without the need for a variance no special circumstances appear to exist on the property necessitating a variance. Further, it appeared.to him a solar heating system could be designed to utilize an area less than that requested by the applicants. He strongly suggested -that the applicants. review their plans and determine if an alternative design can be utilized for the use of the solar house. He stated that the plans shown by the applicants are commendable but the strict restrictions of the variance code prohibit the use of these plans. Ms. Block stated that another letter, dated January 3, 1983, was subsequently received from the Coopers with a slightly different design, requiring a 2 1/2' variance. Also received were a letter from the Dunne family at 17120 Sealawn Dr., stating no objection to the variance, and a -petition with a -number of signatures objecting to the variance and supporting the Hearing Examiner's decision. The City Attorney was asked by some Councilmembers about the introduction of new evidence. Mr. Tanaka responded that in order for the Council to take action it is not necessary to make a specific finding that new information was -or was not introduced; the Council is to consider the appeal from the materials from the Hearing Examiner, the information presented by Ms. Block, and testimony received at this hearing. Further, a remand to the Hearing Examiner is not dependent on finding of new information. He said the applicant also can submit a new application for a variance. The hearing was opened. Dr. Pam Cooper., the appellant, said.the Hearing Examiner thought they should locate the house further back on the property, but the storm sewer which supplies Talbot Glen runs along the border of that property and in 1980 it flooded the existing tennis court there. She did not want to take a chance of flooding a house built there. She said the location of the house they propose will prevent it from being flooded by that storm sewer. Raymond Halvorson, 17150 Sealawn Dr., south of the Coopers' property, said he was familiar with the • storm sewer system there and the.changes on that street, and he was concerned about the general policy and consideration for others, and he:said the ordinances passed have been for the protection of others. He asked that variance requests be very carefully considered, as well as the impact they have on others. He said special consideration should be looked at very closely. Sandy Dern, 7805 173rd S.W., approximately to the south of the Cooper property, felt the postings and mailings were not satisfactory. She said the mailings did not get to the affected properties, those to the east and south. Also, she noted that a bank or loan company may get the mailing, rather than the property owner. She said the postings were visible to people on 77th P1. She felt a home could be built on this property within the limits of the Code, and she felt the proposed building would be detrimental.to property values because it will intrude on the sound and mountain view. She believed the Coopers wanted to go up to increase their own view, and she did not believe a variance should be granted for the reasons stated by the Coopers.. She had signed the petition against the granting of the variance. Bob Rabe, 7803 173rd S.W., southwest of the Cooper residence, did not believe they needed to exceed. the height limitation to include solar features. He said at .the.previous hearing Mr. Bowman's and Mr. Driscoll's presentations were well done and they had indicated each case is handled on an individual basis. He said there is a vacant, buildable lot three blocks west on a cul-de-sac and granting a variance on the.Cooper.property could open the door to granting a variance on that vacant lot, which would substantially impair the view of his residence and several others. Patrick Mackay, 9829 Cherry, owner of property behind the Cooper property, did not think a variance should be granted as it would block views. Regarding the flooding of the storm sewer referred to by Dr. Cooper, he said that was due to construction of the new sewer line. Peter Cho, 17210 77th Ave. W., on the west side of the Coopers, said he was not against the con- • struction on their lot but it will block the view for which he paid. He said if the variance is granted the blockage will be worse. He said he relied on Sections E and F of the variance code (20.05.010), and granting of this variance would be injurious to his property value. He said the Community Development Code should be reliable for every resident, and the applicants should meet the requirements of the Code. Glen Cooper, son of the applicant, said they will definitely build the house on that lot as the family.needs a smaller house. He said when they first moved into the area there were view houses and they were built and allowed to look over the Cooper property which had a tennis court on it, and people might have bought their homes thinking there would always be the view over that.lot. He said they had the sewers paid for before anyone even moved in behind them --they always intended to build on that lot. He had trouble understanding how their request would hurt anyone. He said the major part of the house will be within the height requirement and only a portion of the stairwell, 6'x 12', will go 2 1/2' over the 25' maximum. He said the 2 1/2' is needed in order to get the movement of air he wants within the house, and if they cannot build the house up in this forward portion of the lot they will move into the back yard of the property to get it, which will be moving almost into Mr. Cho's yard, and he will look from his deck right over their house. The Coopers want to put the house in line with the houses.on the side and as far as possible from those in back of them. As to setting a precedent, he said now is the time to set a good precedent if the present code is restricting design of energy efficient homes. He added that.he would have applied for a building permit before the height limit change if he had any idea it was going to happen. Also, he said the only part of the house going over the 25' would be at 4/12 pitch. Bob Gates, 7614 173rd S.W., had recently purchased his home and he said no matter what size house is built it will affect his view. He asked that it be held to 25'. David Johnson, next -door to Mr. rates, thought the ordinance should be fol.lowed. He said he may not have the same amount of view taken .but they will seethe home that goes up. He asked that the 25' restriction. be enforced. No one else wished to speak, and the hearing was closed. E ma 0 January 4, 1983 - continued Councilmember Naughten said he sympathized with the Coopers, but as Mr. Cho had brought up, the Code -is there for a reason, and everyone shares J n it. He said the .building hei cht issue will be constantly uncle:'' pre s'u; e '�Or peop e 'to cha►1 e, buthe 'pelt it !�°as �','� rkin�g in the City' of Edmonds and that i% reflects what .'the «aicrity of people in the City.wan't. Therefore, he was in favor ofaffirming the Hearin Exac,i ner' s deci s i en, and .also because all the cri -teri a for a variance t� ere not re't . '-!e said he, personally, would have a hard time granting a variance on building height. Counc'ilmer„ber Gould said he is a firm and consistent and staunch supper,ter of the Comrr,unity ''Development Code, especia i; as it rela;;es to the 25' building height, and he ��.il; continue to fight for that as it is critical for thle people cif the City, giving ;:heir protection. F.e believed th-is property could be developed in a manner fair and consistent with similar properties in the City, and that it does not meet the 'test requirements for a variance. Councilmember Jaech said a lot of blood, sweat, and temps went into the Community Development Code, and many of the people in the audience as well as the Planning Board and the City Council spent many hours on this. She said Edmonds is a unique community and the'oeople here cherish what they have, and that was taken into consideration in the Code. in this.circumstance she did not see any reason to grant a variance. COUNCILHEMBER.i1AUGHTEN MOVED, SECONDED BY COUNCILMEMBER GOUL.D, TO AFFIRM THE HEAkIN G..EXAMINER'S DECISION IN V-15-82.. Councilmember Alien noted that one of the things they are .faced with is the matter of solar energy, and 2' can be critical to a solar house. She thought the Code had not taken into consideration solar energy, and she said the PSCOG has an energy plan within which they are urging that people consider solar energy, and here the people were trying to do it but the Code does not allow it. She said 2' variances are'allowed sideways. but not for height. She thought the variance could be allowed without jeopardizing the Community Development Code. Councilmember Hall said she had:made the comment several years ago that they should investigate solar enerov, and if they had done so in the Code this application would not have come to them in • this form. -'She thUg ht this should be a project for the Planning Board. She said she is sensitive to views also, but when someone wants to take advantage of solar energy she would like to see it happen. Councilmember Gould said he is sympa.thetic., to'peonle and businesses building energy efficient buildings, but there are lots of ways to do it without putting them high in the air, and that is an engineering challenge. He thought solar heat corald he designed within 25'. Furthermore, he said on this issue the buck had to stop here as it is an issue critical to the people and is a political issue, so the Council has to speak on it. Councilmember Jaech said solar energy is ver;% important but the structure and design of the house have to be geared around the 25' height limit in implementing the solar energy. Councilmember Kasper said he realized the question was precedent setting, but he said they were talkino about a variance and he did not think the Council had all the facts before them. He thought they should look at the site and go over all the information. He asked if any of the houses surrounding this property had been granted variances. He noted that they -were all built. to 30, and he said these people may he victims of what actually is spot zoning. He thought the Council should stick with the facts and review them. Therefore, he said he would abstain from voting. Mayor Harrison said he agreed.that solar energ.N/ can be designed within the 2.5' height limit. He had looked over the Coopers' plan and felt the stairwell would serve as a vent in the K'rocess of solar heating and that it would function without the additional 2'. His concern with the 25' height limit is that it has produced flat-topped houses. He asked if it would not be better to alloy an additional 5' for a pitch. A ROLL CALL VOTE WAS THEN TAKEN ON THE MOTION, IdITH COUNCILMEMEERS NAUGHTEit, COULD, JAECH, AND NORDOl1IST VOTING YES, WITH COUNCTLMEMBERS HALL AND ALLEN VOTING NO, AND WITH COUNCiL.MEMBER * KASPER ABSTAINING. A recess was announced. DISCUSSION REGARDING PROBATION OFFICE ON 212TH S.W • Councilmember Jaech said this office was introduced into the City without knowledge of the citizens or City officials, and she felt if the City could pass resolutions about other ,roblems encounter(�:i they could do something concerning establishment of an office that might impact them. She it;as concerned with the location of the office, which is close to the hi^h school and the YMCA, as well as Private residences and a large neto apartment complex. She said it is estimated that approximately 1/3 of the parolees are repeat offenders. Councilmember Hall noted that some of the rer:rasent,atives from the office !were present and should he invited to speak. Jim Crabb, Regional Director for the Washington State Adult Probation and Parole Office, said they had been located in Mountlake Terrace for nine years and were approximately two blocks frorr Mountlake Terrace High School, and they never had any problem called to their attention. He said their prir;iary concern is community protection. They have 50 offices throughout the State and he knew of no increased criminal activity near any of their offices. He said one office is in Sookane , wi t?lin two Mocks of a school, and one -is in the basement of a hank in another city, and there have been no problems. He noted that the people they supervise are already in the corr�runity, they are not brought into the community by the presence of the office. They work as an arm of the court and.th e parole hoard in supervising these people, and they are a public protection agency, having the power of search and arrest i f the . parnl ees do not abide by the conditions of "-heir parole. Mayor Harrison stated that for the sane of the community he thought the office would be better located elsewhere --and also for the sake of those people looking for the office as it is a difficult location to find. Student Representative ve i airibi Shaw 'by presented a petition si on(ld reop,le who work ara go to school at Edmorids High School, objecting to the location of this office and asking that it bemoved. She said she had requested that this be announced on the school intercom in order to alert; everyone, .ut her request was denied. Councilmember Hail thought the legislators should lean on the Criminal Justice Department in locating these offices. She asked Mr. Crabb.to let the parolees know that Edmonds expects exemplary behavior. Mr. Crabb responded,that his office also expects such behavior, and he commented that.if they were to move out of the area that would be pleasing to a lot of offenders. Councilmember Hall added that she had conferred with the officials at this office and there is a lot of experience behind the people working there. 0 *See amendment 1/11/83 -82 January 4, 1983 - conti.nued n LJ Councilmember Jaech said she hears from the police and.the City's probation officer that prison does not change people --that they learn what they must say and do,at appointed times in or.der.to "pass muster," but a lot of them continue with their old habits, and it greatly concerned her that such people were frequenting this office in a residential community. She doubted that many were Edmonds offenders. Mayor Harrison said he had asked the Planning Director to look into the zoning of the area, and professional offices are permitted with a Conditional Use Permit in this zone. He said the owner of the office building has received a Conditional Use Permit for offices, but a social services facility .requires a separate Conditional Use Permit. He thought that, -should be explored. City Attorney Wayne Tanaka said if an investigation determines that a Conditional Use Permit is required, the question then would be whether or not the City can require a State agency to obtain a permit, and he said that area of the law is a little unsettled. Walter Krimm, 8733 Golden Gardens.Dr., Seattle, said he bought that building in 1968 as a medical./dental building, but since that time the area around the hospital has taken all of those.type of offices. He said he was advised that any professional use of the building would be approved, and it was his understanding that they were attempting to eliminate manufacturing or retail use. When the State approached him to ask if space was available --and the building had vacant space for a number of years --he did some investigating because he also was concerned about that type of office. He said he investigated the Spokane and Mountlake Terrace offices, as well as 10-15 others, and found that there had not been incidents of any kind. Further, he found that the people visiting the offices were already living in those areas and the offices were only facilities at which they reported. On the strength of his investigation he spent $14,000-$15,000 remodeling the space to their specifica- tions and he signed a five-year lease with them. He said he would not have done that if he felt the other tenants in the building were endangered in any way. As far as incidents, he said he has had to paint the building three times since he has had it because of the graffiti from the students going home at night. Also,.he said that before he signed the lease he asked all of his other tenants if they would be concerned and they have not been concerned. He said the people who work in that office are all graduate counselors and are professionals. Councilmember Hall responded that possibly her fears have been unfounded, but nevertheless she has them. Police Chief Marlo Foster said there had been no incidents reported. Councilmember Naughten said it seemed the only thing to do is try to get a Conditional Use.Permit on the facility in order to get a little control. Council - member Gould said they also should keep some perspective on the issue. He said they were focusing on negative fears that are not actual and they should remember the necessary things that take place at the office, and it has to be somewhere. He noted that there had been a lot of responsible action taken, the owner of the building especially had taken a lot of caution, and the staff is very professional. Councilmember Naughten said they feel an obligation to protect the juveniles of the community and initially there is a lot of paranoia. Mayor Harrison said that whether it is founded or not, the fear is something with which they have to deal. Councilmember Jaech said the health, safety, and welfare of the citizens come first and even if there has not been an incident in Mount- lake Terrace there is the fear that an incident can happen, and if it were to happen it would be an expensive price to pay.. Roger Hertrich, 1020 Puget Dr., objected to the way the State had gone about placing their office, with no one knowing about it until it was in place, and now there is an obligation felt to the owner of the building to protect his investment. He objected to this office being located where it is, with the types of offenders that report there and with it being in the area of a junior high school and a high school, as well as the YMCA and the Dairy.Queen.where youngsters congregate. He asked why lead these people to the residential community of Edmonds. He noted that Highway 99 is a major arterial, but 212th is not, and he thought this improper placement of the office. He said he does not have a lot of fear, himself, but he has children who go to the YMCA and to the high school, and the fear is there for them. He asked why the office had left Mountlake Terrace, and he was told by Councilmember Allen that the DSHS needed the space they were occupying. Bob Gates, 7614 173rd S.W., said he has a 15-year-old daughter at the high school and an 8th grader at College Place Junior High, and he is concerned. He said he does not want something to happen, and probably it will not. He said he had had two or three offenders working for him in his business and had no problems with them, but one night one of them went drinking and killed someone. He asked if people are getting out of prison before they are ready because of the overcrowding of prisons. He thought this office would be better outside of the residential area, and particularly away from the schools. Councilmember Nordquist thought the City should convey its feelings to the Washington State Adult Probation and Parole Office, stating that certain criteria be established for future offices and reciting what has happened here. He said he would like to have the City go on record with a resolu- tion to them saying that although there is a five-year lease, at the earliest possible time they should avail themselves of office space that would have less impact on the City than their present site. Councilmember Jaech suggested that a letter be sent.to the State legislators to urge them strongly to establish criteria and move this office. Councilmember Naughten said Ms. Shaw's input should be included. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY.000NCILMEMBER JAECH, THAT A RESOLU- TION BE DRAFTED REQUESTING THE WASHINGTON STATE ADULT PROBATION AND PAROLE OFFICE TO AVAIL THEM- SELVES OF OFFICE SPACE IN AN AREA WHERE THE LOCATION WOULD HAVE LESS IMPACT ON THE COMMUNITY THAN THE SITE PRESENTLY LOCATED WITHIN THE CITY OF EDMONDS. MOTION CARRIED, WITH COUNCILMEMBERS GOULD AND KASPER VOTING NO. Councilmember Gould said he thought that was over -reaction; that there is a job to be done that is important and difficult to do, and it has to be someplace. Councilmember Kasper's no vote was for the same.reason. Councilmember Jaech said she would like it looked at as to whether it is allowed in that zoning. It will be put on the list of projects for the Planning Board. 1 1 Is 1 E • January 4, 1983 - continued DISCUSSIONREGARDING STO?l1: DRAI"JAGS PROBLEMAT 194TN City Engineer Ji r� !Adams di'spl ay ed a map showing the problem area and said they are not picking, up Lynnwood:' s surface viat^r. .71 ^re is no dr al nage `'stem in this ar^a' anti 1 the front of "Th^ CommornS" which is deep enough so they can .go into it. Story viater runoff floods crawl spaces ,end basements in the homes. at the westerly. end of 194th S.10. and floodsthe yard of the Midkiff property at 7333 19G1.h S. LJ: The construction of . a proposed s torso sexier is on the list of priori -;y projects for 1933. All the oatrties effected by the problem are willing ;o give easements to the City to install the facility%. The plans and specifications could be complcted.:lithin 45 days and the preliminary cost est i mate is °;12,500. There Sias some discussion as to. l i abi l ity of the contractors who had con- structed homes in the area. City Attorney Jayne Tanaka stated that they could go for�aard with the project and at the same time i nves-i;i ga i e the 1 a bi 1 i ty que.s-i; i on , but i f it turns out the City was not responsible for doing the iron; it coUl d parliaDs affect its ability. to go against the contractor for dama:ge.s. Pe said there is some question to be investigated as to the extent to which the City * can show file City i s ila.ma�ied, and he said they are invest i gating that now. COUNCILMEMS ^ NAUGHTEH MOVED, COU';'ILF1E-KFErTO AFPROIfTHE �R0�FCT. ftOT IOi! CARRIED. in PROPOSED ORDINANCE ESTABLISHING TEMPORARY PUBLIC SE.RVICF: PRO.11 f:TS (65,000) Details of the Mayor's proposal wera .provided in a. l,remo. Fie said he proposed starting with one or projects on a i;r i al liasls, and the cei�retery had been established as the. fi rst project. He said a presentation would be made to the Council on exactly what work will be done and how manly people will be hired for each project. Councilmember Nordquist said he was amenable to the project and the $65,000 allocated to it, but not to be used for the cemetery. He said that property was accepted with the condition that a grant would be obtained from the Hubbard estate for it, and the Cemetery Board was formul a t-ed to manage and operate it, and this would be talking that away from them and • taking away the claim or. 'the rlubbard estate. Personnel Director Pat LeMay said the projects by priority are the cemetery, cleaning and maintaining of City streams, Maplewood Park trails, and removal of brush and undergrowth along streets. Councilmember Gould agreed that the other projects were good, but that the cemetery should be omitted. Councilmember Naughten said he thought this to be an admirable program, but he did not think they should approve it when they do not have money for a drug and gambling enforcement officer. Council President Kasper reminded him that the Council's decision was that an existing officer would be used for tl,Iat.until the next officer is hired and the next one mired will fill that position. Councilmember Gould added that they also agreed that each quarter they would loci; at the funds situation and decide whether that officer can be funded. He was optimistic on the quarterly review. CGUINCILINIENBER GOULD MOVED, SECONDED GUY COUNCILMEMBER MALL, TO ADOPT ORDINANCE 2343, ESTABLISHING TEMPORARY PUBLIC SERVICE PROJECTS AND PROVIDING FUNDING. MOTION CARRIED. There was no further business to come before the Council, and the meeting adjourned a- 11:10 p.m. IRENE VARNEY MORAN, CitylClerk HARVE H. HARRISON, Mayor January 11, 1983 - Work Meeting The regular meeting of the Edmonds City Council was called to artier at 7:45 p.m., following a Finance Committee meeting, by Councilmember Laura Hall in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag salute. • PRESENT ABSENT STAFF PRESFNT Laura Hall Harve Harrison, Mayor Patrick Wilson, Asst. City Engineer Katherine Allen Bill Kasper ir^ene Varney Moran, City Clerk Ray Gould Tamti Shag:, Ron Schirman, Assistant Fire Chief John Nerdguist Student Rep. Dan Prinz, Assistant Police Chief Larry Naughten Duane Bowman, Assistant City Planner Jo -Anne Jaech Pat LeMay, P,��rsonnel Director Georgia LaBelle, Personnel Administrator Steve Simpson, Parks F: Recreation Dir. Jim Jessel, Property Manager Art HOUSler, Finance Director Wayne Tanaka, City Attorney i1ark Eames, City Attornoy Jackie Parrett, Deputy amity Clerk Councilmember Hall stated.that Mayor Harrison and some of the Staff were attending the Boundary Review Board meeting this evening in regard to a proposed annexation to -1-ha City, and that Council President Kasper was out of town at a conference, so Mayor Harrison had asked her to conduct the meeting, if that.was acceptable to the Council. Councilr erlber'iJar;lquist stated that whoeveris Mayor Pro tein for the evening must be elected by the Coullci l , so C)U[J%ILi1Li1BI.R NO.2D �UIST ;COVED, SECONDED BY COUNCILMEMBER NAUGHTEN, THAT COUNCILMEMBER HALL SERVE AS MAYOR PRO TEM FOR THIS MEETING. MOTION CARRIED. MAYOR Mayor Pro tem Hall stated that there would be an.Executive Session following the meeting regarding labor negotiations (this was stated on the Agenda). 0 *See amendment 1/11/83