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19811013 City Council Minutes328 October 13, 1981 — Work Meeting The regular meeting of the Edmonds City Council was called to order -at 8:00 p.m. by.Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Harve Harrison, Mayor John Nordquist Jack Mitchell Public Works Director Katherine Allen Jim Adams, City Engineer Mary Goetz Irene Varney Moran, City Clerk . Ray Gould Mary Lou Block, Planning Director Bill Kasper Art Housler, Finance Director Jo -Anne Jaech Marlo Foster, Police Chief Larry Naughten Jack Weinz, Fire Chief Jim Jessel, Parks & Recreation Director Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER JAECH,.TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The approved items on the. Consent Agenda were as follows: (A) Roll call. (B) Approval of Minutes of October 6, 1981. (C) Adoption of Ordinance.2239 regarding Superintendent of Public Works Position. (D) Setting date of October. 20, 1981 for hearing on preliminary plat (Hofto/P-3-81). • (E) Adoption of Ordinance 2240, establishing 7:30 p.m: meeting time for all City Council meetings. (F) Passage of Resolution 505 in support of senior discounts. (G) Authorization to purchase combination jet/vacuum unit. (H) Authorization for Mayor.to sign revised Cemetery Agreement. (I) Final Approval of PRD:of Forest Ridge, located at 17422 71st Ave. W., and adoption of Ordinance 2241 changi'ng-.zoning from RS-8 to PRO. (PRD-3-.79) MAYOR Mayor Harrison read a memorandum from.Planning Director Mary Lou Block regarding the Meadowdale sewer project as a potential substitute for other Edmonds 1982-84.block grant projects. Ms. Block had indicated that.if Edmonds were to submit a preapplication for the'sewer system to the Block Grant Coordinator, together with a cover letter seeking authorization to substitute this project, the request would be forwarded:to.the Policy Board and Technical Committee members for action. The cover letter would indicate that the substitution would'be made at the time of final'application, and only if no -other funding were available for this purpose. This would give the City the oppor- tunity to determine the status of the other funding sources and go with the sewer application, if necessary, at a later date. Mayor Harrison advised the Council that if they wished to pursue this, they should make a statement as to whether this application should have priority over the other four applications.(the Wade James Theater handicap improvements,'Senior Center improvements, Museum elevator, and Library elevator). This was discussed and..it'was noted that current applications total approximately $500,000 and that would not be enough for the sewer project; if it were granted, but the project could be scaled.down until other funds could be.found.. Following the discussion, • COUNCILMEMBER'ALLEN MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ACCEPT THE SUGGESTION OF THE PLANNING DIRECTOR AND PUT THE PREAPPLICATION FOR THE MEADOWDALE SEWER SYSTEM AT THE TOP OF THE CITY'S LIST FOR BLOCK GRANTS AS A POSSIBLE SUBSTITUTION FOR ALL THE OTHERS. MOTION CARRIED. Councilmember Allen noted that there will be a block grant seminar put on by Government Information Services, and she suggested that the Planning Director attend. Mayor Harrison thought if anyone went it should be someone from the County, and Councilmember Naughten suggested checking with other cities to see if anyone was going, and whoever went could share the information. Councilmember Gould asked how to go about being more specific in identifying alternatives in cover- ing the balance of the -project, and Mayor Harrison responded that they should wait to see what kind of grant can be obtained and then scale the project to fit the grant. When asked what they will do if they cannot get the 1.1 million dollars needed., he asked in return what they would do if they do not get anything. He thought they should try to get what they can.and use it in the best -way possible. COUNCILMEMBER NAUGHTEN.MOVED, SECONDED BY COUNCILMEMBER GOULD, TO PLACE ON THE AGENDA OF OCTOBER 27, 1981 A DISCUSSION REGARDING PURSUING ALTERNATIVES TO THE 1.1 MILLION DOLLAR FUNDING FOR THE MEADOWDALE SEWER PROJECT. MOTION CARRIED. Mayor Harrison advised that the Hearing Examiner, Jim Driscoll, will be going on vacation and a pro tem is needed for the meeting of November 5, 1981.. Mr. Driscoll had recommended Mary Ellen Ramey _ who is the Hearing Examiner Pro tem for the City of Redmond. Therefore, Mayor Harrison asked for confirmation of his appointment of Mary Ellen Ramey as Hearing Examiner Pro tem for the meeting of November 5, 1981. COUNCILMEMBER ALLE V MOVED, SECONDED BY COUNCILMEMBER GOULD, TO CONFIRM THE MAYOR'S APPOINTMENT OF MARY ELLEN RAMEY AS HEARING EXAMINER PRO TEM•FOR.THE MEETING OF NOVEMBER 5; 1981. MOTION CARRIED. The next item on the agenda was a proposal regarding the remodel of property at 5th Ave. and Main St., but the applicant was not present so the item was moved to the end of the agenda, just before the "Council" portion. • October 13 1981 - continued �OJ RIGHT-OF=WAY ACQUISITION 1020 PUGET DR. City Engineer Jim Adams stated that this was the only piece.of right-of-way not acquired for the SR 524 improvement. The Department of Transportation.had made an offer of $5,000 (appraisal value $3,100 and cash settlement.$1,900),.which was unacceptable to Roger Hertrich, the property owner. Mr. Hertrich has a 12' high laurel hedge which will have to be removed for construction of the sidewalk, but that hedge screens his home from the neighborhood business development -across the street and from the noise and traffic of the street, so he proposed that in exchange for the right - .of -way the City pay for the construction.of a 10' brick fence (for which he had obtained an estimate) which would provide similar screening for him. -He had submitted an estimate from a masonry con- tractor in the amount of.$10,758. The State had not condemned the property because the cost of condemnation was too high,:as compared to the value of the property, and also there had been the matter of time. Mr. Adams.said this could be put off.until after the project is completed and then a contract could be negotiated, and City Attorney Wayne Tanaka added that a condemnation action could be started and that.way obtain immediate use and possession in order to include this piece in the project. Councilman -Kasper thought it was premature to ask the Council to,pay for the brick fence as Mr. Hertrich would have .to get a variance for a fence over 6' high before it could be' constructed. COUNCILMEMBER..ALLEN MOVED,.SECONDED BY COUNCILMEMBER KASPER, TO ALLOW. MR. HERTRICH TO SPEAK. MOTION CARRIED. Mr:. Hertrich circulated photographs to illustrate the before and after views from his .property and said they should demonstrate why he was so concerned. He said he had lived.there 12 years and although the gas station was there he was not aware of it or of the other commercial activities because of the laurel hedge. He said he had made an effort to settle with the State, but he had asked for protection of a large cedar tree while they were constructing and they said.they could not do that.and negotiations were dropped; and he was left not knowing what was going,to happen next. Later he found that his property had been omitted from the project. He felt he was asking for very little, but he said nobody from the City was willing to help get the two parties together. When he saw.what was happening to his neighbor's home with his hedge removed he decided he wanted immediate replacement on his property. In considering a replacement he saw that plantings would not provide the screening he wanted so he decided on a solid fence, and since wood would not last indefinitely he chose the brick. He -also had considered a berm but that would have left too -little front yard. He was willing to accept the amount of the fence estimate he•submitted ($10.,758) although there were other costs which he would have in preparing the site for the fence. Councilmember Naughten suggested that he submit additional estimates as the spread between the $5,000 offered by the State and Mr. Hertrich's request for $10,758 was too much. After some dis- cussion, COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO CONTINUE THIS ITEM TO THE OCTOBER 27, 1981 WORK MEETING AND THAT THEY,BE PROVIDED ADDITIONAL INFORMATION AS TO WHAT MR. HERTRICH WILL ACCEPT FOR A SETTLEMENT OR OTHER ALTERNATIVES TO SOLVE THE PROBLEM, WITHOUT THE CITY'S GETTING INVOLVED IN CONSTRUCTION, AND THE COUNCIL WILL TAKE THAT INTO EXECUTIVE SESSION. Councilmember Gould advised Mr. Hertrich that the Council must treat him the same as the others Who were affected in this project. He said what was proposed seemed out of line to him, but he was willing to look at some alternatives. Mr. Hertrich responded that the estimate was only for the construction, not for the.cost of any permits, and he had not added the cost of moving trees and pouring a slab for the fence. He mentioned some of the other costs and said the people who build -the wall would deduct $2,000 if the footings were put in, and he would be willing to deduct the cost of the land. THE MOTION THEN CARRIED. DISCUSSION REGARDING PORTABLE SIGNS AND PROPOSED ORDINANCES REGARDING SIGN CODE ENFORCEMENT AND MAINTENANCE:OF MULTI -FAMILY AND COMMERCIAL PLANTER AREAS Mayor Harrison read a memorandum from Planning Director Mary Lou Block which stated that•the Code currently allows as temporary signs trailer signs, paper signs, and sandwich board,signs, with some conditions. .At the next PAB meeting the Board was to consider a recommendation that trailer signs be eliminated from the list of allowable temporary signs,_and Ms. Block indicated that.the Council may wish to make some furiher.recommendations in view their recent discussions. She noted that the • advertising device which.generates the most discussion is the sandwich board sign, many of the merchants indicating the..importance of these signs to their businesses. Complaints have been received about these signs, however, because of their clutter and nuisance when located.in the middle.of the sidewalk. She suggested that it maybe.desirable to allow such signs.but to regulate them so they do not become a nuisance for the community. Mayor Harrison concurred with that sug- "gestion, saying they could:be allowed with a permit.. Ms. Block had indicated a sign permit could specify location, duration, and release of the City from liability. Councilmember Jaech commented that the Gas and Go station.about.which she had complained had taken down their signs and now looks much better. She was. amenable to Ms. Block's suggestions, but she felt only one sandwich board sign .per business should be allowed. Ms. Block said the.:PAB could be asked to discuss some criteria for such signs at their meeting the next evening. Councilmember Gould stated that he really did not see any problem with small sandwich.board signs. Councilmember Jaech.stated further that she thought if a notice is sent to someone that they are in violation of the Code that there should a set time .be frame -in which they must come.into.compliance. City Attorney Wayne Tanaka recommended that a minimum time be.set and that the staff be given discretion to extend it if the situation so warrants. Councilwoman Jaech further suggested.that the notices be sent by certified mail.so the parties would have to respond,'but she was told'it is more difficult to.get a response to certified mail as it may be refused it or may not -be delivered if the addressee is.not there at the time of delivery. COUNCILMEMBER JAECH THEN.MOVED.TO ADOPT ORDINANCE.2242., SPECIFYING THE MANNER OF ENFORCEMENT OF THE SIGN. -CODE, BUT DELETING THE PROVISION STARTING ON THE SEVENTH.LINE OF SECTION 1..C.. REGARDING THE SENDING OF SECOND NOTICES,TO VIOLATORS (AND CONSISTING OF TWO SENTENCES); AND FURTHER, -IN THE NI•NE- TEENTH LINE OF THE SAME PARAGRAPH DELETING "IN THE WORDS THE SECOND NOTICE"; AND FINALLY, IN THE NEXT LINE CHANGING THE WORD."MAY" TO "SHALL" ("THE PLANNING DIRECTION SHALL REFER THE MATTER. MOTION CARRIED. . .). Another proposed ordinance had been provided, in draft only, regarding the maintenance of planter areas. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER GOETZ, TO PLACE ON NEXT WEEK'S CONSENT AGENDA THE PROPOSED ORDINANCE REGARDING MAINTENANCE_.OF PLANTER AREAS: MOTION CARRIED.' COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER:KASPER, THAT THE PLANNING ADVISORY BOARD BE ASKED TO CONSIDER SANDWIC� BOARD SIGNS WHEN THEY CONSIDER THE TRAILER SIGNS. MOTION CARRIED. A • short recess was announce . 3� October 13, 1981 - continued PENDING WATER/SEWER BOND ISSUE Finance Director Art Housler had explored alternatives to provide.$1,700,000 for needed water/sewer projects because of the deterioration in.the.bond market. He.had reviewed in a memorandum the alternatives of a two-year bank note, five-year callable bonds,. and':a "pay as'you go" basis, recom- mending the "pay as you go" alternative which would require that water/sewer rates be increased enough to generate $246,000 annually for a six -year period. Rate increases for this bond issue were incorporated into the rates provided.by Price Waterhouse, and this amount equates to the annual interest payment that is*required,.on $1,700,000 at 14.50%, so the effect on the water/sewer rates would be the same. He had provided a project schedule for the next.six years. This had been discussed earlier this evening at the Finance Committee meeting. Councilmember Gould observed that doing it this way the people would get something for their..money now. There was some discussion,. and Mayor Harrison recommended approval of the recommendation of the Finance Director. COUNCIL - MEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ACCEPT THE RECOMMENDATION OF THE FINANCE' DIRECTOR. MOTION CARRIED. The projects for 1981 will be paid from cash already on hand. SPACE NEEDS STUDY Planning Director Mary Lou Block stated that the major question at this time was how to set up the large meeting area over the new library: Councilmember Gould said he did not want it designated as Council Chambers, but that it should be a general purpose community -used conference room --the Council can use it, commissions and boards of the City can use it, and nonprofit organizations in the City could use it. He -said one part should have an ordinary public address system to handle meetings and when the room is not scheduled it can be rented. Councilmember Allen suggested microphones which hang from the ceiling for better utility. She thought the library group was concerned that if the Council uses this area they will not have enough space.for the library activities. Mayor Harrison asked if the City can afford 17,000 sq. ft. of new library space at this time: The suggested configurations were briefly discussed.. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER GOULD, TO SELECT THE CONFIGURATION OF 18 SEPARATE, MOVABLE DESKS, WITH THE MICROPHONES HUNG FROM THE CEILING. MOTION CARRIED. QUESTIONS REGARDING OCTOBER 20 AGENDA ITEMS Councilmember Naughten asked what the basis was of the 7th and Elm discussion, and he was told there are some people who are concerned that it is on the proposed'sale list. Councilmember Gould requested that the Staff provide in the packet for that meeting a copy of'the surplus property list and the value of each piece of.property on it.. Regarding the recommendation from the Sunset Ave. Parking Committee, scheduled to be heard at the October 20 meeting; Planning Director Mary Lou Block advised that the Committee wants to reconsider their recommendation, so that item will be removed from the agenda and scheduled at a later date. PROPOSAL FROMJACQUE MAYO REGARDING.REMODEL OF PROPERTY AT 5TH AVE. AND MAIN ST. Planning Director Mary Lou Block reviewed a recent parking proposal for the triangle at 5th and Bell which would add 28 additional parking slots. Dr. Mayo then discussed his proposed remodel again, in the hope that if this parking plan were adopted the Council would reconsider their decision that he provide 14 parking stalls and only be allowed to pay into the In -Lieu Parking Fund for 15 stalls, and allow him to pay into the fund for all 29 stalls. He`said he had investigated property avail- able and the costs of purchasing and developing it, and..he found that if he had to buy the land for even 10 stalls it would be too costly, from $280,000 - $350,000. He noted that he only had until December 23 to get his building plans in, so a lot would have to be done in the interim if he were to go forward -with the remodel, including another hearing. City'.Attorney Wayne Tanaka explained that a public hearing would have'to be held to notify the.public that there was a change in what he would be allowed to do with his.property.. Councilmember Kasper asked Dr. Mayo.- why he had not done anything about parking previously, since he had owned the property since 1967, and Dr. Mayo replied that there had been no requirement-to_add parking. He said most of the project would be done with equity financing. Councilmember Kasper'stated=that there is'.very little financing available for' projects without parking, but!that equity financing is another thing. Councilmember Naughten thought this project would be a benefit to the business community and that it would be a shame for it not to proceed because of a problem in the parking. 'He.thought the proposed parking at-5th and Bell would be a benefit to the.people and•that-Dr. Mayo's project would be a visual benefit to the City. COUNCILMEMBER ALLEN MOVED; SECONDED BY COUNCILMEMBER GOETZ, TO PLACE THIS PROPOSAL ON THE OCTOBER 20, 1981 AGENDA AS A HEARING FOR THE PURPOSE OF.RECONSIDERING.THE PARKING REQUIREMENTS FOR THE REMODEL'OF THE'FOURTNER BUILDING. Councilmember_ Gould noted that the people who live around the proposed -parking area should have.the opportunity"to address this. It was noted that a discussion was scheduled on October 27 with the Downtown Parking Committee and the Planning Advisory Board and that a hearing on the 5th and'Bell'parking proposal would fit it weld at that time, as well as a hearing on Dr. Mayo's project...COUNCILMEMBER ALLEN WITHDREW HER PREVIOUS MOTION. COUNCILMEMBER, ALLEN-THEN MOVED SECONDED BY COUNCILMEMBER GOULD, THAT BECAUSE OF THE EMERGENCY NATURE OF THE SITUATION, THERE BE'ADDED TO THE PARKING COMMITTEE DISCUSSION ON OCTOBER 27, 1981 A HEARING ON THE BELL ST. PARK-ING PROPOSAL, TO BE FOLLOWED BY A HEARING ON THE JACQUE MAYO PROPOSAL. MOTION CARRIED. COUNCIL J� Police Chief Marl.o.Foster.had eecommended'that the fees for fingerprinting be increased from $2.00 to $5.00, effective January 1, 1982, in order to break even on this service. Mayor Harrison had recommended approval. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THIS REQUEST, DIRECTING THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO EFFECT THIS CHANGE. MOTION CARRIED. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER JAECH,'THAT IN ACCORDANCE WITH A RECOMMENDATION OF THE FINANCE COMMITTEE, BUDGET WORK MEETINGS BE SCHEDULED FOR NOVEMBER 10, NOVEMBER 17,.AND NOVEMBER 24, 1981. MOTION CARRIED. 1 0 1 1 1 COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER KASPER, THAT THE NOVEMBER 2, 1981 SPECIAL MEETING BE RESCHEDULED BACK TO THE REGULAR NOVEMBER 3, 1981 MEETING DATE AS HE DID NOT BELIEVE THE • • October 13, 1981 - continued 331 ELECTION WOULD HAVE THAT MUCH IMPACT ON THE MEETING. (He also said he would not be able to be present on November 2.) MOTION CARRIED. 1 1 0 1 1 0 Councilmember Gould asked'about.the Edmonds and Mountlake :Terrace sewer contract., and City Attorney Wayne Tanaka responded that.he had received correspondence from the Mountlake Terrace attorney, to which he is preparing a response.' Councilmember Gould requested that Mr. Tanaka give the Council a briefing on it at the next meeting. Councilmember Kasper commended Art Housler, Dia Bock., and Councilmember Allen for the summary of the recent Council/Staff retreat. Councilmember.Kasper noted.that.Technical Studies.Engineer Bob Franklin will be leaving the City, and he thought Mr. Franklin should be given a commendation for the outstanding.job.he has done for the City, especially in connection.with the Meadowdale.sewer-project. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER COULD, THAT A RESOLUTION OF COMMENDATION BE PREPARED IN.RECOGNITION OF MR. FRANKLIN'S SERVICE TO THE CITY: MOTION CARRIED. Councilmember Kasper observed that during last week's heavy.rainfall Shell Creek did not flood down Daley St. He was told that it had been very dry prior to -that storm and Goodhope Pond had held the stormwater. City Engineer Jim Adams noted that.a*minor change was needed in the Pine Ridge Estates plat to relocate the sidewalk and walkway for the benefit of children -walking to Chase Lake Elementary School. He had provided a map to.illustrate the recommended change, but now said .they would like to leave the sidewalk on the east side instead of the west side and go down one more lot. The reason for this change was .to save some trees. The walkway would go down the east side and exit the plat between Lots 8 and 9. Mr. Adams.said the principal of�the school and the other,people involved are happy with this solution. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER-GOETZ, THAT THE REQUESTED CHANGE IN THE PINE RIDGE ESTATES PLAT BE APPROVED. MOTION CARRIED. There was no further business to come before the Council, and.the meeting adjourned at 11:15 p.m. 'IRENE VARNEY MORAN, Ci&yF Clerk October 20, 1981 72�- " P, ? !.., r HARV" H. A R SON; 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 Jack Mitchell,.Public Works Superintendent Katherine Allen Jim Adams, City Engineer Mary Goetz Irene Varney Moran, City Clerk Bill Kasper Jim Jessel, Parks & Recreation Director Ray Gould Bob Franklin, Technical Studies Engineer Larry Naughten Art Housler, Finance Director John Nordquist Mary Lou Block, Planning Director Jo -Anne Jaech. Jack Weinz, Fire Chief Mark Gluth, Student Rep. Wayne Tanaka, City Attorney Mark Eames, City Attorney Jackie Parrett,.Deputy City Clerk Council President Allen introduced Mark Gluth, the new Student Representative from Edmonds High School. CONSENT AGENDA Item (C) was 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 following: (A) Roll call.. (B) Approval of Minutes. of October 13, 1981.. (Councilmember Goetz cited.an_omission in the Minutes, but in later discussion with the.Clerk it.was determined that the item had been in the previous week's minutes.) PROPOSED ORDINANCE RE MAINTENANCE..OF PLANTER AREAS [Item (C) on Consent Agenda] Councilmember Naughten did not believe an ordinance.was.needed to control the upkeep of planter areas�,.but that a simple letter from the City should suffice.: Councilmember Jaech-questioned the authority of the City in this regard, and City Attorney Wayne Tanaka responded.that unkempt planter areas are not.aesthetical.l.y pleasing and contribute to the decline of property values, and that it is within the City's authority to require upkeep of those areas. He noted that this.ordinance would