Loading...
12/17/1985 City CouncilI THESE MINUTES SUBJECT TO JANUARY 7, 1986.APPROVAL EDMONDS CITY COUNCIL MINUTES December 17, 1985 The regular meeting of the Edmonds City Council was called to order at 7:03 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag sa- lute. PRESENT Larry Naughten, Mayor John Nordquist Steve Dwyer Laura Hall Jo -Anne Jaech Bill Kasper Lloyd Ostrom Jack Wilson Tammy Schwartze, Student Rep. CONSENT AGENDA gTAFF PRFUNT Chris Beckman, Engineer Coordinator Art Housler, Admin. Services Director Steve Simpson, Parks & Rec. Mgr. Jack Weinz, Fire Chief Dan Prinz, Police Chief Bobby Mills, Public Works Supt. Peter Hahn, Community Svcs. Dir. Pat LeMay, Personnel Director Mary Lou Block, Planning Div. Mgr. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder With regard to Item (H) on the Consent Agenda, Mayor Naughten replaced the proposed ordinance previously provided with an updated ordinance. Items (8) 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 include the follow- ing: (A) ROLL CALL (C) ADOPTED RESOLUTION 631 COMMENDING STUDENT REPRESENTATIVE TAMMY SCHWARTZE (E) AUTHORIZATION FOR MAYOR TO EXECUTE CONTRACT WITH CITY OF LYNNWOOD FOR 1986 JOINT PRISONER DETENTION AGREEMENT (F) ADOPTED ORDINANCE 2542 RELATING TO COMPENSATORY TIME (G) ADOPTED ORDINANCE 2543 REMOVING JAIL SENTENCE PENALTY FROM CERTAIN CRIMINAL OFFENSES AND IMPOSING MONETARY FINES (H) ADOPTED ORDINANCE 2544 ESTABLISHING SALARY OF MUNICIPAL COURT JUDGE (1) REPORT ON BIDS FOR 1986 PAVEMENT MARKING PROGRAM AND AWARD OF CONTRACT TO APPLY -A -LINE ($26,166.40 + SALES TAX) (J) AUTHORIZATION FOR MAYOR TO EXECUTE INTERLOCAL AGREEMENT WITH SNOH0141SH COUNTY FOR BRACKETT'S LANDING IMPROVEMENTS APPROVAL OF DECEMBER 10, 1985 MINUTES [Item (B) ON THE CONSENT AGENDA] COUNCIL KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, THAT PAGE 3, LINE 44 BE CORRECTED AS FOL- LOWS: "COUNCILMEMBER KASPER EXPRESSED A CONCERN WITH THE LEGALITY OF THE USE OF WATER/SEWER FUNDS FOR NONDIRECT WATER/SEWER ITEMS." MOTION CARRIED. PROPOSED RESOLUTION ESTABLISHING YOUTH SCHOLARSHIP FUND [ITEM (D) ON THE CONSENT AGENDA] Councilmember Jaech inquired how the funds would be regulated and administered and what guide- lines have been set forth regarding the allocation of funds. Parks & Recreation Manager Steve Simpson stated the funds will be distributed on a first -come, first -serve basis by churches and other social service agencies. He said the amount of money available will determine how restric- r tive the policy will be. Councilmember Jaech stated she was under the impression the fund was being set up for needy children whose parents could not afford to help them participate in parks and recreation programs; therefore, guidelines and criteria were necessary to evaluate the appli- cants. Mr. Simpson said policies and guidelines will be set regarding administration of the funds. He said the money was donated from the proceeds of the Fall Charity Festival of Fashion to be administered in a manner that the City so deemed. Councilmember Jaech expressed a concern that the money was available but no policy and guidelines have been established, noting it was placing the cart before the horse. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO DEFER APPROVAL OF ITEM (D) WITH A REQUEST THAT A POLICY BE ESTABLISHED ADDRESSING THE ADMINIS- TRATION AND REGULATION OF FUNDS AND PRESENTED TO THE COUNCIL IN JANUARY. MOTION CARRIED. AUDIENCE Evelyn Laurine, 1233 - 7th Ave., President of the Friends of Edmonds Library, stated the Commit- tee has actively furnished items for the library with funds generated through book sales. She said the book sale was a valuable community service. In appreciation for the City's assistance with this program, she presented Mayor Naughten with a check in the amount•of $750 to be applied toward the Plaza benches. Mayor Naughten expressed his appreciation along with members of the community. Mayor Naughten closed the public portion of the hearing. PRESENTATION OF RESOLUTION OF COMMENDATION TO STUDENT REPRESENTATIVE TAMMY SCHWARTZE Councilmember Nordquist recalled several years ago the City Council embarked on a program to in- volve high school students with city government procedures. He described the program. He read the Resolution of Commendation and presented it to Tammy Schwartze. Mayor Naughten presented Tammy with a memento of the City in appreciation for her services. HEARING TO REVIEW 60-DAY CLOSURE OF 7TH AVE. S., NORTH OF BIRCH ST. Community Services Director Peter Hahn stated on October 1, 1985 the City Council directed the closure of the roadway between #1237 and 01241 on 7th Avenue for a 60-day period. Engineer Coordi- nator Chris Beckman narrated a video tape depicting the area and examined alternate routing. Mr. Hahn said a combination of Alternative "A" and "C" would be a fairly low-cost, workable solu- tion. Councilmember Ostrom inquired how Alternative "A" and "C" would resolve the speeding prob- lem. Mr. Hahn said there were no real solutions to the speeding problem other than enforcement. Councilmember Wilson asked how the neighborhood responded to the closure. Mr. Hahn said he hadn't received any direct calls, but the purpose of the hearing tonight was to receive public input. Mayor Naughten said residents on 7th Avenue South liked the closure because it creates a private street. Mary Jean LaKettie, 556 Paradise Lane, stated she was opposed to the closure. She said as a taxpayer she felt she was entitled to the use of a through street. Closure of the street created difficulty with accessibility as well as a loss of feeling of the neighboring community. She said she would like to continue that relationship rather than feeling cut off. Ms. LaKettie stated she was not aware of any accidents prior to the closure. She supported Alternative "A" and "C", and any regrading or revisions that 'night be necessary to meet safety standards. Maurice Freedman, 621 Birch St., stated he was in favor of the closure. He said it has provided a safer and quieter neighborhood. Ron Dudeck, 1237 - 7th Ave. S., supported the closure. He said since the barricades were in- stalled, the street has been quiet. When it snowed, the barricades were promptly removed and. then replaced as soon as it melted. He felt the street should remain closed until the street is widened and "Suicide Hill" at 6th & Birch is modified. Bob Throndsen, 1290 - 6th P1. S., said he felt the public was at a disadvantage because they were not apprised of Alternatives "B" and "D". He said he was in favor of the closure when he last appeared before the Council but is of mixed opinion at this time primarily because of access reasons. He stated regardless of the outcome of the hearing, revisions were necessary on 7th Avenue for safety reasons. He said Alternative "A" and "C" did not sufficiently address the safety or traffic problems. He said he was aware of a "C" type curbing that could be installed in the middle of 7th Avenue South that may help mitigate the problem. He was in favor of reopen- ing 7th Avenue only if he could be reassured the City would make provisions for traffic safety and a reduction in speeding. He added the neighbors are considering requesting the City Engineer- ing Department to install a traffic circle either at the bottom of 6th Place South and Birch or towards the top of 6th Place South, and the Department indicated that was a feasible option. Carol Hayes, 709 Elm Pl. W., said she supported the closure on 7th Ave. S. because it has helped eliminate excessive traffic and speed violators. She said she did not see how the street could be safely reopened. EDMONDS CITY COUNCIL MINUTES Page 2 DECEMBER 17, 1985 Barbara Jefferson stated she was opposed to the closure. She said since it has been'closed, she has not seen a policeman patrol the area; a medic had to turn around in the cul-de-sac, and she felt it sod that he was unaware of the street closure; she has seen garbage trucks and school buses turn around, also. Sandra Goodrum, 708 Birch St., said she was opposed to the closure. She questioned whether the issue was really being discussed for safety reasons. She said she has lived in the neighborhood for three years and has not seen any incidents. Ms. Goodrum said she would be very interested to see a police history report indicating there is a safety problem in that area. She alluded that the street was closed to create separation of the new development from the old neighborhood. She said the closure affects the value of her property, accessibility of medical and fire department vehicles and friends. She did not feel the Council should have the option to close the road. Joyce Cosper, 651 Birch, stated although the barricade has eliminated speed violators, it has been a great inconvenience. She felt the City "goofed" when it allowed builders to construct a hill with a crown on it and install two sidewalks. She suggested moving the barricade to 6th Place if the road is to remain closed. Mayor Naughten inquired about bus turnaround. Ms. Cosper stated busses would have to stop at the top of the hill. Merilee Hall, 631 Birch, expressed a concern regarding accessibility for the child who rides the handicapped bus. She asked for clarification of the intent of the closure. Mayor Naughten indi- cated speeding was an issue. Ms. Hall said the safety issue was being transferred from her neighborhood to another and did not feel her neighborhood should be quieter and safer at the expense of another neighborhood. She suggested installing the "C" type curbing on 7th. She said leveling off the hill at 7th would be beneficial. She spoke in favor of Alternative "A" and "C". Mary Jean LaKettie, previously identified, said she wanted to commend Ms. Goodrun for having the fortitude to address the real estate issue. Dorothy Dudack, 1237 - 7th Ave. S., spoke in favor of the road closure. She said when she moved into the neighborhood nine years ago, it was a closed road. When the road is open, residents experience difficulty accessing the main road from their driveways because of fast, oncoming cars. Mr. Hahn said he discussed the "C" curb concept with Public Works Superintendent Bobby Mills, and they agreed it would be worthy of investigation. Mr. Ostrom asked Mr. Hahn to explain the "C" curb. Mr. Hahn stated it is a raised channel shaped like the letter "C" which is installed in the center of the roadway with the two open ends on the ground. It forces vehicles to stay in their lane. Councilmember Wilson inquired how the speeding problem could be resolved. Police Chief Dan Prinz said there really was no way to affect the speeding issue, even if the area was patrolled. Councilmember Hall asked if there would be as many speed violators if the hill were not as prominent. Chief Prinz replied negatively. Councilmember Hall noted if the hill were decreased and the street widened, it would increase the speeding problem, therefore requiring more enforcement. Mayor Naughten stated if a poll were taken of the speakers, six were in favor to reopen the street and four were opposed. Councilmember Kasper stated he was unwilling to support permanent closure of the street. He said he would not be opposed to leaving it closed until the Engineering Department resolved the "fluke" in the design of matching of the two streets, provided it was not too costly. Mayor Naughten recommended incorporation of all of the issues discussed and presenting the Council with a proposal if Council wished 7th Avenue to re- main open but mitigate safety and parking problems. Councilmember Kasper said he supported fur- ther study relating to cost without acquisition of right-of-way. Councilmember Hall asked if the barricades have been removed. Mr. Hahn said they were still in place. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, THAT THE STREET REMAIN CLOSED UNTIL FEBRUARY 18, 1986 AND THAT THE ENGINEERING DEPARTMENT PRESENT THE COUNCIL WITH MORE DEFINED SOLUTIONS AND COST ESTI- MATES AND RESOLVE THE SAFETY PROBLEM. Councilmember Wilson expressed a concern that Staff and Council guard against taking a "Band-Aid" approach in resolving this issue. Councilmember Kasper said the statute regarding late -comer agreements should be explored. Councilmember Ostrom said the safety issue was not a technical issue, but, rather, an enforcement or legislative issue. He recommended the formulation of an advisory committee consisting of 7th Ave. and Birch Street residents to corroborate with Staff in forming a satisfactory solution. Councilmember Jaech stated 7th Avenue was not properly constructed, and the design problem needs to be addressed. She felt remanding it to Staff would be an appropriate approach. She recommended that Staff present a proposal that would allow parking on 7th Avenue and reduce the speed, while addressing the cost issue. Councilmember Dwyer said he wished to guard against the impression that unlimit- ed and unbudgeted'funds were available to fund the proposed resolution. He said he was in favor of the closure on 7th Avenue unless an acceptable plan was submitted which identified funding sources. COUNCILMEMBER KASPER WITHDREW HIS MOTION. Mayor Naughten reopened the public portion of the hearing. Fire Chief Jack Weinz stated the Fire Department was opposed to closure. He said it should be opened immediately. EDMONDS CITY COUNCIL MINUTES Page 3 DECEMBER 17, 1985 Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, THAT THE STREET REMAIN CLOSED UNTIL FEBRUARY 18, 1986, AT WHICH TIME THE COUNCIL WILL RECONSIDER ALTERNATIVE OPTIONS TO CORRECT ER- RORS IN THE STREET DESIGN AND COST. Councilmember Hall stated the motion was contradictory to Chief Weinz' request. Councilmember Jaech suggested installing temporary barricades that would allow access for police officers and the Fire Department. Councilmember Hall said she was not opposed to reopening the street but felt some of the Band-Aid approaches would remain as perma- nent solutions. MOTION CARRIED. HEARING ON APPEAL OF HEARI14G EXAMINER DECISION TO ALLOW A GUEST HOUSE AT 531 - 12TH AVE. N. CU-46-85/APPELLANTS: ROBERT Y,00 AND JAMES J. MAGNUS Councilmember Hall stated she lives approximately a block and a half away from the subject proper- ty. City Attorney Scott Snyder asked the audience if they objected to Councilmember Hall's partic- ipation on the basis given. There was no objection. Councilmember Kasper stated the attorney representing Dorothy Petrich is also his attorney. Planning Division Manager Mary Lou Block reviewed the Conclusions & Findings of Fact of the Hear- ing Examiner. Councilmember Nordquist referred to Item 5 under the Hearing Examiner's Decision. He inquired how a paper trail would be set. Ms. Block replied a document could be recorded stat- ing the conditions, which would become part of the deed and would transfer with the sale of the property. Dorothy Petrich, 531 - 12th Ave. N., said she transferred a pyramidalis hedge from tier property to the property line between herself and Mr. Magnus. She said it enhances his property a great deal and provides a buffer between his house and the guest house. Ms. Block offered the Council an explanation of the site, vicinity map and site plan. Ms. Petrich offered the Council pictures of the property along with letters of approval from neighbors. Mr. Snyder requested they be marked, and that Mr. Hunt, attorney for the appellants, be given an opportunity to review them. Ms. Petrich read a letter written by herself explaining the present landscape configuration, proposed changes and intended purpose of the guest house, and Mr. Magnus' desire to purchase her property. Her letter was marked Exhibit I13. Dawn Petrich, 531 - 12th Ave. N., stated she wished to confirm that her intention was to temporari- ly occupy the cottage on a rent-free basis so she would be able to attend classes to learn a profession. She said her mother has been supporting her and her four -year -old daughter. Laurason Hunt, 10 Harrison St., stated he represented the appellants of the appeal. He requested the Council deny the application for the conditional use permit. He said although the Hearing Examiner's Findings reflect that the technical requirements for the ordinance have been met, the intended use was not analyzed; that being the creation of a residence to some permanence which would be utilized daily by the daughter and granddaughter. It was his opinion the intended use was not consistent with the purpose of a guest house. He said he didn't believe the guest house would be an accessory building to the main building and would be out of character and inconsis- tent with the neighborhood. Mr. Hunt said building of a residence on the lot would require the extension of a sidewalk, and approving the application would be inconsistent with the zoning code by granting a residence without requiring the use of a sidewalk. Councilmember Dwyer asked Mr. Hunt what significance he attached to the fact that all of the occupants were members of the same family. Mr. Hunt replied very little, in view of the fact he had no knowledge how long the liv- ing arrangement would continue and the intended use was contradictory. He said, on a permanent basis, the usage was unacceptable because of the configuration and Comprehensive Plan, adding Ms. Petrich should be required to construct an addition to the existing home. Robert Koo, 561 - 12th Ave. N., stated Ms. Petrich offered to sell Mr. Koo a portion of her proper- ty surrounding the garage so she could raise money to expand her home for rental purposes. She later told Mr. Koo she wanted to convert the garage into a guest house for her daughter and grand- daughter to live in. Mr. Koo said Ms. Petrich's statements have been contradictory, and it is clear she intends to create the guest house for rental usage. Mr. Koo concluded that laws which are not enforceable should not have been created, or, if created by mistake, should be reanalyzed. Mayor Naughten closed the public portion of the hearing. Councilmember Dwyer stated the intended use was to permit a single family to live on a single- family lot and is, therefore, consistent with the zoning ordinance and Comprehensive Plan. He said he didn't feel the building, as contemplated, would be any more dangerous than what present- ly exists. He said concern regarding the possible rental is addressed in the Hearing Examiner's I- ED140NDS CITY COUNCIL MINUTES Page 4 DECE14BER 17, 1985 Recommendations. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO ADOPT THE FIND- INGS OF FACT & CONCLUSIONS OF THE HEARING EXAMINER AS MODIFIED TO REFLECT THE TESTIMONY AND EXHIB- ITS PRESENTED THIS EVENING AND ADOPT THE DECISION OF THE HEARING EXAMINER AND AFFIRM THAT DECI- SION. Councilmember Hall stated she agreed with Councilmember Dwyer's comments and rationale. MOTION CARRIED. The photographs were marked Exhibit #1 and the letters were marked as Exhibit #2. They were provided to Mr. Hunt, and then circulated to the Council. HEARING ON PROPOSED ORDINANCE 2545 REGARDING AMENDMENTS AND ADDITIONS TO CITY'S ANIMAL CONTROL ORDINANCES Police Chief Dan Prinz stated the proposed ordinance was presented earlier to the Council. Howev- er, the Council expressed a concern that there was a lack of public input in developing the ani- mal control ordinance so the hearing tonight was proposed. Chief Prinz enumerated the changes in the proposed animal control ordinance. Ray Martin, 18704 - 94th Ave. W., stated at the present time feces can be disposed of anywhere on public property as well as on private property. He stated most owners were fairly considerate; however, approximately one fourth were not. He felt the ordinance should address this issue. Mayor Naughten closed the public portion of the hearing. Councilmember Wilson stated the Public Safety Committee held several meetings to discuss this issue and strongly recommends passage of the ordinance. Parks & Recreation Director Steve Simp- son emphasized the ordinance eliminated the requirement that the City post public grounds and parks to exclude animals. Councilmember Jaech noted that beach rangers expressed appreciation that notices were posted along the beach which enabled them to enforce the area. She asked Chief Prinz how enforcement would be affected if notices were not posted on public grounds and parks. Mr. Snyder stated there would not be any problems with due process because the ordinance would be published in the newspaper, it would be posted, and would not go into effect for thirty days. He said he did not anticipate problems with enforcement because, typically, problems are only encoun- tered when an offense occurs as an exception to the rule. Chief Prinz stated he did not antici- pate problems, either. COUNCILMEMBER WILSON MOVED, SECONDED BY. COUNCILMEMBER DWYER, FOR PASSAGE OF ORDINANCE 2545. MOTION CARRIED. HEARING ON DISPOSITION OF H.O. HUTT HOUSE Parks and Recreation Director Steve Simpson offered a brief history of the City's acquisition of the Hutt property. He then reviewed the Summary Statement on the attached agenda memo. Building and Grounds Supervisor Ed Huntley testified to the condition of the electrical system, noting it was inconsistent with the Building Code and would have to be rewired. Councilmember Nordqu.ist stated at the time of acquisition, both houses were in similar condition. Mr. Huntley said it would appear that way on the surface, but the smaller house is structurally more sound and wired with more modern wiring. Councilmember Nordquist inquired how one house passed the other in maintenance and upkeep over the years. Mr. Huntley said the disposition of Hutt Park was deter- mined by the Comprehensive Plan. He said the smaller house may be utilized as a caretaker unit. Councilmember Ostrom asked if the electrical inspector inspected the caretaker's house, also. Mr. Huntley replied negatively. Councilmember Ostrom inquired whether similar problems with wiring may be discovered in any older home in•Edmonds. Mr. Huntley responded affirmatively. He reminded Councilmember Ostrom of the City's obligation, as landlords, to provide a safe environ- ment in which to live. Councilmember Wilson asked if the State inspector condemned the house. Mr. Huntley said it was not condemned, but the inspector issued a list of corrections to be made. Councilmember Wilson inquired about the cost of repairs. Mr. Huntley said it would cost as much as $15,000 just to rewire the house. He said there were numerous other problems, also, that would entail a major structural rebuild to make the structure confortable. Councilmember Wil- son asked what the building has cost the City since its acquisition. Councilmember Kasper stated he read an article in the Enterprise which indicated that the tenant was an electrician. Council - member Jaech stated that the tenant was not an electrician. She asked when the house was built. Mr. Huntley said it was built in the 20's. Councilmember Jaech asked what the agreement with the Hutts entailed when the property was given to the City. Mr. Simpson said since 1983 through September 1985, gross revenues from both pieces of property total $6,846.40 and $2,790 has been allocated for repairs for the smaller house. Councilmember Jaech asked Mr. Huntley what he based the $15,000 estimate for rewiring the house. Mr. Huntley said he based that figure on what an electrician stated it would cost. Councilmember Jaech stated she owns a home in Edmonds that is 100 years old, and her lifetime project has been the renovation of that home. She said total outlay to rewire the entire home, which is larger than the Hutt house, was $2,500-3,000. Council - member Wilson inquired about the condition of the roof. Mr. Huntley said the rafters and sheet- ing are rotten, and sagging is visible. Councilmember Wilson stated when he visited the proper- ty, he did not see any signs of ceiling damage or water damage anywhere. Mr. Huntley said Mr. Hennessey was supplied with roofing material which he installed himself. Councilmember Wilson inquired about the long and short-range plans for the structure. Mr. Simpson referred to the Planning Board minutes, noting no long-range plans have been made for public usage for the larger EDMONDS CITY COUNCIL MINUTES Page 5 DECEMBER 17, 1985 house. He said people have expressed feelings of prohibitive usage because of the central loca- tion of the rental home. He said there were no master plans for the park at this time. In an- swer to Councilmember Jaech's question, Mr. Simpson read from a document as follows: "When the parties of the second part have left the property, the first part will develop said property as an arboretum, public recreation center or park and will name the same, Harold Hutt Park, or, some similar name which the name will appear if the City desires the same". Fire Chief Jack Weinz said he inspected the property and concurs that there are electrical prob- lems. He expressed a concern that the heating system is illegal. He said accessibility to the house by emergency vehicles was impossible. Councilmember Dwyer asked at what point a State mandate would be violated if the home is occupied without making repairs. Chief Weinz stated the electrical engineer issued corrections that were required. Councilmember Dwyer asked what would happen if the corrections were not made. Chief Weinz stated if corrections were not made within a certain period of time, the City Attorney would be apprised of the situation. City Attorney Scott Snyder stated it would be referred to the Department of Labor and Industries. Councilmember Dwyer asked at what point the situation would be illegal rather than merely unwise. Public Works Superintendent Bobby Mills replied corrections must be made within fifteen days. However, he said a request to the Department of Labor and Industries would be made to allow an extension for an additional fifteen days. If corrections are still not made, they could impose a fine and pull the meter to the house. Mr. Mills stated septic tank service could not be extended to new renters. He said other requests by Mr. Hennessey for repairs have been granted. Mr. Mills said a cost estimate of approximately $20,000 for additional repairs was prepared for the Budget. The issue he presented before the Council was whether or not they were willing to provide money for repairs, and not eviction of the tenants. He clarified that it was only two or three months ago that the first inspection was made to determine the cost of renovating the house. Councilmember Kasper asked why a sewer sys- tem was necessary. Mr. Mills said he felt the present sewer system was a health hazard. Council - member Nordquist asked when the sewer was installed in the smaller house. Mr. Mills estimated it was installed in July. Councilmember Nordquist expressed a concern in the manner in which deci- sions have been made to make repairs. Councilmember Hall stated the issue was getting convoluted and wished to hear public input. Councilmember Wilson requested that the cost estimate be provid- ed in order to make comparisons. He asked Mr. Simpson how many people attended the meeting at the park and what statements were made. Mr. Simpson said thirty people attended, and they didn't feel the larger house should be rented because it impeded their use of the park. Mr. Mills submit- ted a list of people that attended and, also, the minutes of the meeting. Jim Hennessey, 9309,- 187th S.W., the tenant, stated he was a t.v. repairman and not an electri- cian. He said his relationship with the City in regard to the house has been an autonomous one. He said that the house was inspected from top to bottom, and he is still living in the house; therefore, he feels the safety issue is moot. Further, the electrical inspector's only concern was the unorthodox way the kitchen clock was wired. Mr. Hennessey referred to a map he provided the Council , noting children use the park as a shortcut to and from school. He said the house is in a strategic location and provides a large element of safety for these children. He said the responsibility of the safety of the children rested on the shoulders of the Council if the house is abandoned. Mayor Naughten stated that the house would not be abandoned. Mr. Hennessey said he spoke with the Fire Chief about access, and the Chief said it was not a problem. Council - member Ostrom asked for clarification of the maintenance expenses on Exhibit "A". Mr. Hennessey said it was money he expended and repairs he made to the house in order to make it livable. Councilmember Wilson asked what maintenance he has done. Mr. Hennessey said every year he has pruned the blackberry bushes and has done other work on the grounds on a regular basis as well. Councilmember Wilson inquired about the gutters. Mr. Hennessey said he replaced the gutters that have fallen off. Mayor Naughten announced the meeting adjourned at 10 o'clock. COUNCILMEMBER OSTROM MOVED, SECOND- ED BY COUNCILMEMBER JAECH, TO REOPEN THE MEETING. MOTION CARRIED. Councilmember Hall inquired about the other structure on the property. Mr. Hennessey said he was not aware of any other structure. Councilmember Hall asked about the condition of the garage and adjacent workshop. Mr. Hennesseey said the foundation was in need of repair and there was no electricity, but it was still a sound structure. Val Rupeiks, 9229 - 187th St., stated he was the closest resident to the park. He said Mr. Hennessey has made improvements to the property, whereas the City.has done very little or noth- ing. Mr. Rupeiks said he had suggested to Mr. Hutt to deed the property, after his demise, to the City because the property has the only first growth trees in South County and is a superb bird sanctary. He expressed a concern that the property would be demolished along with the house. He said Mr. Hutt dedicated the land for conservation with the stipulation that the park commemorate the Hutt name and the cottage be utilized as a museum. He said that the house should be serviced by a sewer system if the structures are to remain. EDMONDS CITY COUNCIL MINUTES Page 6 DECEMBER 17, 1985 Finis Tupper, 711 Daley St., stated the Mayor is well acquainted with his concern regarding the position the City has taken in its decision making process and the smokescreens that have gone up. He said when he tried to investigate this matter, doors were slammed in his face and informa- tion withheld. Mr. Tupper said $4,400 has been generated from the rental of both houses; howev- er, in totalling the income from the houses, $900 is unaccounted for. He inquired about the expense of approximately $1,000 to connect the sewer to the guest house. Mr. Tupper said he felt input from the public should be elicited in regard to the disposition of the house. He said the Council would be putting the house in jeopardy if they evicted the tenants and allowed the house to remain vacant. Mr. Tupper asked the Council to take a stand on this issue tonight. Donn Wells, 9137 - 186th, said Hutt Park and the structures on it are a historical site that is enjoyed by the people of Edmonds. He said it they listened to people who treat the Code as a Bible, there would not be any historical buildings. Mr. Wells said that citizens rely on the Council to make judgments that reflect their sentiments. He urged the Council to visit the proper- ty before any adverse decisions were made. Mr. Wells said that a welcome sign at the park would alleviate any uncomfortable feelings regarding park usage. Councilmember Ostrom asked Mr. Wells about his feelings regarding the disposition of the house. Mr. Wells said minimal repairs should be made. If the materials were given to the current owner, it should cut down on costs. Council - member Ostrom asked Mr. Wells if he thought the house should be rented. Mr. Wells responded affirmatively. Mayor Naughten concluded the issue was the disposition of the house. He con- curred with Mr. Wells suggestion that the disposition of the house be determined by the Planning Board and a committee. Ray Martin, 18704 - 94th Ave. W., stated he lived approximately 100 feet away from the Hutt proper- ty. He said Hutt Park was donated to the City with definite strings attached, and any discus- sions should be proceeded with its intended purpose by the Hutts. He said if the house was torn down or left vacant, it would create another Ocean Avenue or Sunset Avenue. Additionally, Mr. Martin said tie does not recall comments about the impingement of park usage. He said he does remember comments that there were "no trespassing" signs, which have since been removed. He felt the safety issues was overemphasized and had a dubious concern about Mr. Simpson's definition of safety, particularly in defending Mayor Harrison's plan to remove trees from Sunset Beach. Mr. Simpson stated he never defended Mayor Harrison's plan to remove trees at Brackett's Landing. John Miller, 1502 N. 97th, Seattle, stated he was an electrical engineer. He refuted the state- ments that were made regarding the electrical system, noting the house does not need to be re- wired. Chief Weinz reiterated Mr. Miller's remark that the wood stove was a concern of the Fire Depart- ment. Chief Weinz said they could only ascertain that the stoves will not be used by removing the stoves. He said safety could not be emphasized enough. Ed Huntley said if the wiring was safe and sound, the electrical inspector would not have issued fifteen code violations to be corrected. Ray Martin, previously identified, stated many times things are said and done in the name of safety when, in fact, the real issue or concern is not safety. He said he suspects this to be the case with the Hutt property. Mayor Naughten replied safety was the only consideration. The only information the Council has addressed is the safety problems. Based on that information, a decision will be made as to the disposition of the house. Mayor Naughten added that the Hennessey's will be given at least thir- ty day's notice. Mayor Naughten closed the public portion of the hearing. Councilmember Hall stated if you're going to look for something, you'll find what you want to find. She suggested if the information gathered was somewhat biased, that it be remanded to the Planning Board and/or Committee. She said she did not feel this issue to be ready for Council action at this time because of a lack of information. Councilmember Wilson stated that the elec- trical problems should be immediately reviewed to determine the extent and cost to repair, and that repairs be made if it is within the budget. Mayor Naughten stated that safety of the occu- pants was his only concern, and it was the City's responsibility to ensure their safety. Mayor Naughten recommended that Staff consult with the electrical inspector so that a decision can be reached regarding the repairs. Councilmember Hall disagreed with the extent of the damage. She stated repairs could be made by Staff. Councilmember Nordquist inquired about the disposition of the renters. Mayor Naughten said the renters could remain until January 30th unless an extension was granted. Councilmember Wilson requested that information be passed on to the renters regard- ing the Council's decision. Mr. Snyder stated the City has given notice to vacate for safety reasons, and the thirty -day extension has not been executed. He expressed a concern of the EDMONDS CITY COUNCIL MINUTES Page 7 DECEMBER 17, 1985 City's liability. Councilmember Dwyer said the City should act accordingly if the renters do not accept the extension and have been given notice to vacate. i CONFIRMATION OF MAYOR'S APPOINTMENT OF MUNICIPAL COURT JUDGE City Attorney Scott Snyder requested that as part of the motion, in addition to confirmation, the Council approve a contract that was distributed at the confirmation interview. Councilmember Hall asked Mr. Snyder for clarification of his presence at the applicant interviews, asking if there was not a conflict of interest. Mr. Snyder stated he has never prosecuted a case in Munici- pal Court and will not under his agreement with Ogden, Odgen & Murphy. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER DWYER, TO CONFIRM THE MAYOR'S APPOINTMENT OF STEPHE14 CONROY AS 1UNICIPAL COURT JUDGE AND APPROVE THE CONTRACT THAT WAS DISTRIBUTED AT THE CONFIRMATION INTERVIEW. MOTION CARRIED. PROPOSED ORDINANCE 2546 ADOPTING 1986 BUDGET COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, TO ACCEPT THE 1986 BUDGET. A roll call vote was taken. MOTION CARRIED, WITH COUNCILMEMBERS KASPER AND OSTROM OPPOSED. Parks and Recreation Manager Steve Simpson stated the City of Lynnwood has been managing the Meadowdale Playfield Project and has asked the City of Edmonds to accelerate the payments on the project in order to continue construction into 1986. The first two phases of the project were completed in 1985. Councilmember Dwyer inquired if there was a cost savings, and if so, in what amount. Bill Evans offered the Council an explanation of the master plan of the proposed phasing of the site. A savings of $210,000 was realized in the development of combined Phases I and II. Councilmember Jaech asked.if.the funds for Phase II that were budgeted for 1986 were expended in 1985. Mr. Evans replied affirmatively. Councilmember Jaech inquired what amount of money the City of Edmonds is required to commit for Phase I.I. Mr. Evans replied $106,000. Mr. Simpson said the City of Edmonds is requested to commit an additional $106,000 in 1986, which would accel- erate the project ahead one year. He said there was a sufficient, unexpended balance in Fund 125 to fund that. Administrative Services Director Art Housler stated the City'of Edmonds would realize a savings of $74,000 by accelerating the. project. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE EXPENDING $226,000 IN THE 1986 BUDGET FOR THE MEADOWDALE PLAY - FIELD PROJECT FROM FUND 126. MOTION CARRIED, WITH COUNCILMEMBER OSTROM OPPOSED. MAYOR Mayor Naughten reminded the Council there were positions open in the Arts Commission and Planning Board. He said he will make the appointments and reappointments in January. He said that 130 people attended the employees' Christmas party. Awards were given. He wished everyone a Merry Christmas and Happy New Year. COUNCIL Councilmember Dwyer stated he felt Staff and Council should be better organized in preparation for hearings. He noted it was delightful to have Student Representative Tammy Schwartze serve on the Council. He said she is one of the two or three students that stand out in his mind and wished her well. Councilmember Hall said that the Christmas party was very nice. Councilmember Nordquist wished everyone happy holidays. Student Representative Tammy Schwartze stated the first event planned by the Student Activities Board for 1986 is a junior high school dance. She thanked Councilmembers for giving her the opportunity to serve on the Council. Councilmember Wilson wished everyone a Merry Christmas and Nappy New Year. Councilmember Kasper stated he felt the Meadowdale Playfield Project should have been presented to the Council as a budget item. He wished everyone a Merry Christmas. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER DWYER, TO EXCUSE COUNCILMEMBER JAECH'S ABSENCE FROM THE DECEMBER 10, 1985 MEETING. MOTION CARRIED. The meeting adjourned at 11:18 p.m. EDMONDS CITY COUNCIL MINUTES Page 8 DECEMBER 17, 1985