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HomeMy WebLinkAbout19840508 City Council MinutesI I I I I May l, 1984 -continued ownership, the owner may do what he wishes ~ith th~ tree. Mr. Husak referred to the trees he had mentioned earner and asked if something cOuld not be done about those trees before they are de-stroyed with wet rot. Councilmember Dwyer answered that if the tree reaches a state where it is a public nuisance, the tree could be removed. Mr. Husak asked, if it could be shown that the gravel -collaring the tree constitutes a potential hazard, whether steps could be taken; rather than waiting for -the tree to.blow down. Councilmember Dwyer replied that there is no more reason to wait for the tree to blow down than to wait for a child to be trapped in a refrigerator. If hazard can be shown, steps could be taken. Carol Chapman, 23321 75th Ave. W., spoke concerning tree cutting in the neighborhood and the ' resulting burning and wondered if permits were required. Another .. concern she mentioned was regard-ing traffic. There has been an increase in traffic and speed since their streets have been paved. She asked if islands could be constructed at intersections to slow traffic. Councilmember Jaech said curb work had been used to slow traffic in Seattle areas. Ms. Chapman then asked what pro-cedu.re was necessary to have that type of thing done. Mr. Adams said, in the Seattle area, neiqh-bors petitioned the Council and then paid for the islands or curbs. He suggested the City might provide a design for the citizens' use, if the Council decided that was something they wanted done, then the residents of the neighborhood could form an l.I.D. or other program for payment. Regarding Ute burning, Chief Weinz suggested Ms. Chapman check with the Fire Department to see if proper permits have been issued and, he said, the Department would also like to know if the burning constitutes a nuisance. Gordie Lindstrom asked if the City would provide a design specification for the.traffic control islands being discussed, enabling the residents -Of a neighborhood to do this easily. Mr. Adams reiterated that would be a Council decision. Several members of the Council expressed support of the idea, with the reservation that the total effect of any island or curb work on a particular street would have to be considered. Vern Elder asked how these~islands would affect the speed of traffic on 76th. Mr Adams said the speed would necessarily be reduced. Ms. Chapman clarified that she had been referring to side streets off 76th, not to 76th Ave W. proper. Doug Rogers noted that the storm drains were installed on the high side of the road where 236th meets 74th and asked if the City could do something about the water run-off. Mr. Adams replied they would look at it on Wednesday, May 2. Priscilla Reuble, 23319 75th St. S.W., thanked the Council for the time and energy spent in coming to the meeting this evening. She also asked Chief Prinz to pass along to his officers her appreci-ation of the patrols in the area and encouraged them to keep up the good work. Mayor Naughten thanked the audience for their presence and participation. He also introduced Brian Stewart, the Student Representative from Woodway High School, who h~d joined the meeting after the earlier introductions. The Mayor asked those present to bring any other qu~stions they miqht have to Council meetings every other Tuesday evening when audience participation is part of the agenda. During that time anyone may speak about anything they might like. He assured those present that questions raised this evening would be addressed by City staff. SOUTH COUNTY DISTRICT COURT FILING FEES ·""'·' COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, THAT MAYOR NAUGHTEN BE AUTHORIZED TO SIGN THE INTERLOCAL AGREEMENT WITH THE SOUTH COUNTY DISTRICT COURT ESTABLISHING DISTRICT COURT FILING FEES FOR CRIMINAL AND CIVIL TRAFFIC INFRACTION ACTIONS. MOTION CARRIED WITH COUNCILMEMBER JAECH ABSTAINING SINCE SHE HAD HAD NO OPPORTUNITY TO READ THE INFORMATION ON THIS MATTER. Since there was no further business to come before the Council, meeting adjourned at 9:35 p.m. May 8, 1984 -Work Meeting .. ·' l The regular meeting of the Edmonds City Council was called to order at 7:30 p.m. by Mayor Larry in the Plaza Meeting Room of the Edmonds Library. All present joined in the the flaq salute. PRESENT Larry Naughten, Mayor Jo-Anne Jaech Laura Ha 11 Steve Dwyer Jack Wilson Bill Kasper Lloyd Ostrom John Nordquist Brian Stewart, Student Rep'. STAFF PRESENT Dan Prinz, Acting Police Chief Art Housler, Finance Director Steve Simpson, Parks & Recreation Director Jackie Parrett, City Clerk Jack Weinz, Fire Chief Mary Lou Block, Planning Director Pat LeMay, Personnel Director Bobby Mill, Actg. Public Works Superintendent Mark Eames, City Attorney Scott Snyder, City Attorney Shirlie Witzel, Recorder Mayor Naughten introduced Arnold Lunnum, President of Edmonds Lodge 130 of The Sons of Norway. Mr. Lunnum introduced members of the Lodge: Mr. & Mrs. Garrett Missler, Ms. Daqne.v pedersen, and Ms. Judy England. He then presented the Mayor with an honorary membership card together with a Charter Member pin and invited Mayor Naughten to visit during a regular lodge meeting or social event. Mayor Naughten thanked the Lodge and Mr. Lunnum. May 8, 1984 -continued CONSENT AGENDA Items (B) and (E) were withdrawn from the Consent Agenda. Mayor Naughten ~ote~ that Item (I} (Authorization for 11ayor to sign ratified Public Works and. Pol ice Ci,vi.lian Contracts) had been withdrawn ·for further work. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE BALANCE OF THE CONSENT AGENDA: MOTION CARRIED. The approved items on the .Consent Agenda in- cluded the following: (A) Roll call. (C) Passage of Resolution 585 commending former City Clerk Irene Varney Moran. ; / ' .. ' (D) ··Passage of Resolution 586 commending former Police Chief Marlo M~ Foster. (F) Adoption of Ordinance 2425 Permitting Fishing Pier Maintenance (Underwiter). ( G) Approval of proposed fund raiser for Fi re/Rescue B,oat (Ex porer .Post 106.). (H) · Acceptance of Quit Claim Deed for Right-of-way. (Linton). APPROVAL OF MINUTES OF APRIL 24, 1984 [Item (B) on Consent Agenda] Councilmember Kasper remarked that several items were mi.ssing from the minutes, specifi.cally,durinq discussion of the copy machine, several po.in.ts were mis.sing. He said he had m.ade comments that had been described.as·council discussion, and he asked that future mtnutes accurately reflect specific comments made by council members. · COUNCILMEMBER .KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TH.AT THE MINUTES OF APRIL 24, 1984 BE APPROVED. MOTION CARRIED. PROPOSED ORDINANCE 2426 EXTENDING SIGN CODE MORATORIUM FOR HIGHWAY 99 [Item(E) on.Consent Agenda] I Councilmember Dwyer pointed out that the date must be decided before the ordinance may be adopted. COUNCIL~1EMBER JAECH MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO PLACE THIS ITEM LATER IN THE AGENDA AS ITEM 5. -f10TI ON· CARR I ED. PRESENTATION OF CDr111ENDATIONS Mayor Naughten presented Irene Varney. Moran and Marlo M. Foster with plaques commending their ~ervice with the City~ COUNCIL ACTION ON PLANNING BOARD RECOMMENDATION FOR SIGN CODE (CONTINUED FROM PUBLIC HEARING OF APRIL 17, 1984 ): Planning Director Mary Lou Block reviewed. the action taken by the Council during the Aprril 17, 1984 meeting. The Council had approved the Planning Board recommendation on measuring sign area (all zones), ·landscaping (Highway 99), and location of freestanding signs (all zones). Those items continued to this meeting were sign formula (Highway 99), nonconforming signs, and attached siqn height. Sign Formula (Highway 99): . COUNCILMEMBER KASPER MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER NORDQUIST; TO ADOPT THE PLAWJI'NG BOARD RECOMMENDATIONS ON SIGN FORt1ULA FOR HIGHWAY 99 AS PRESENTED TO THE COUNCIL Councilmember Ostrom remarked that he took exception to the maximum size of 160 sq. ft. for a free- standing sign, but supported the balance of the recommendation. He said no substantiation for changing the sign size had been heard by the Council, and the maximum should stay at 148 sq. ft. In his opinion, the problem on Highway 99'"·is the· variety of .poles:· utility poles, 1 ight poles and pole signs. The jumble would be encouraged by increasing sign size. The only rationale presented for increasing the size pertained to standard lighting lengths, and they work just as well with the 148 sq. ft. size. Councilmember Dwyer noted that a major concern was the inequity of the present code which did not allow businesses. with smaller frontages to have reasonably sized signs, e.g., Budget Rent-A-Car; therefore~ establishing a minimum allowance for freestanding signs is a good idea. He agreed with Councilmember Ostrom concerning the maximum sign size. He suggested the best way to address any inequities among differing municipality codes would be to meet with those municipalities and agree to a signage code along Highway 99, if possible. Councilmember Jaech agreed with pre- ceding comments concerning the minimum sign allowance and the maximum sign size. She also supported Councilmember Dwyer 1 s suggestion that the City meet with the· County and City abutting Edmonds to I I I attempt to reach an agreement that would enhance the area. Councilmember Wilson said one reason for I using 160 sq. ft. was for visibility at the speeds travelled on Highway 99. In regard to the clutter, he did not belive there would be much difference between 160 and 148 sq. ft. and there is not much the Council can do to effect a change in that clutter. Councilmember Hall remarked that she agreed with Councilmember Wilson based on the letters received from business people on Hiqhway 99. In addition, since the height limit has been increased~:on·Htghway·99,·a·l60 sq. ft. sign is not very large for a three, five, or ten story building. She said this is a size: bu~iness•people can live with and it not incongruous to neighboring municipalities and she will support the recommendation. Councilmember Jaech said a four-lane highway with a 45 mph speed limit requires a minimum of 90 I square feet for signs to be easily recognized. Based on that information she said the present size of 148 square feet is more than adequate. Since major accesses to Edmonds are at 196th, 212th, 220th and the County line, Councilmember Nordquist expressed concern since merchants on Highway 99 must rely on their signage to aid people in fi~~ing ,~heir place of business. He said the merchants should be given a chance; sayinq they need ~b b~.more visible and he will vote for the recommendation as presented. A ROLL CALL VOTE WAS TAKEN WITHCOUNCILMEMBERS HALL, WILSON, KASPER AND NORDQUIST VOTING YES; COUNCILMEMBERS JAECH, DWYER AND OSTROM VOTING NO. MOTION CARRIED. I I I May 8, 1984 -continued Councilmember Dwyer commented that those members voting no did so because of the question of the 160 square foot maximum only not because of opposition to any other points in the recommendation. Nonconforming Signs: Councilmember Dwyer said this issue seems to be of great concern to everyone appearing before the Council. He said the idea contained in the recommendation from the Planning Board was good tn that if a ·sign was left alone nothing would have to change. He expressed concern irt regard to the way in which the recommendation evolved. At the Planning Board meeting, the City Attorney presented a memorandum, dated March 8, which contained nine possible conditions that would call for a sign being brought into conformance. He noted that this~emorandum was not discussed at. any length by the Planning Board and, instead, the idea of a 25% rem del was discussed. He asked for discussion of a g.randf~ther cla~s~ whic~ would incorpo~ate the_f rst ~ight conditions ite~ized in that memorandum and a ninth condition being the remodeling condition tied to a 25% chanqe in the building. Ms. Block asked if the exceptions in the present code rel ting to a simple name chanqe would be included in the recommendation. City Attorney Mark Eames npted that the Council did not have to accept all the items on the 1 i st and could add others if thTy wished. Councilmember Wilson read an excerpt from the Palm Desert Sign Code~ Mr. Eames read that portion of the code pertaining to a definition of change. In regard .to the Jalm Desert Code, a question was asked concerning who would review the changes to a sign. Ms. }Ock suggested that a buildinq inspector would be most likely~o make the::determination·of change. Councilmember Jaech read from ··another paragraph of the same Code pertaining to requiri conformance of signs upon transfer of ownership. She also read that portion pertaining-t change in tenants when the new tenant is not aware a sign is nonconforming. In response to a question from Councilmember Jaech, Mr. Eames said it would be difficult to attach anything to a business that would alert anyone to the sign require- ments. Councilmember Wilson said a change in use of land or building is not covered in what has been read from the Palm Desert Code; but he feels that concept should be included in any provision the Council adopts. Mr. E~mes suggested that the Council might wish to list the conditions that would require conform- · ance,, then.the City Attorney would put it into final form for the ordinance. Councilmember Wilson said the portion pertaining to expansion, extension, rebuilding, etc., is good and also something must be said pertaining to 25% of the building value on expansion, remodel, or change in the build- ing. Mr. Eames asked if the intent was that a change in the name would also be a condition fo~ compliance. Councilmember Jaech said a name change would be an alteration and should require compli- ance, since a name change usually occurs upon change of ownership. However, Councilmember Hall said a change -0f name does not always mean a change of ownership. Mayor Naughten suggested that.a name change without an ownership change could be al lowed; ~1r. Eames commented that the ordinance and event for bringing the sign into conformance must be related to the public purpose. There would have to be a distinction related to that public purpose between a name chanqe related to a new busine~s coming in and a name change where the business doesn't change. If there is no distinction related to the public purpose of the sign ordinance,·the Council cannot make that distinction. Under the language proposed, any change that is not connected with maintenance or protection of the public safety is a change requiring conformance. Councilmember Jaech interjected that a change of ownership is the time to bring the sign into conformance. Councilmember Wilson commented that idea places~a burden upon the small business which might c~use loss of a sale if a new sign were required. He asked Ms. Block what business people are looking for that would be compatible and encourage annexation. Ms. Block commented that she had heard from businesses who have already annexed that their concern was having to change their sign immediately upon annexation .. She said they feel the .25% change to a building would be fair since the cost of a sign change could be included within any financing needed for the building change. Councilmember .Wilson commented that there are businesses that might annex if the City makes it palatable for them to do so. In addition, he said, the signs will stay there whether they annex or not. Counci lmember Dwyer asked if a change of ownership without requiring a change of tenants might be a condition for compliance. Councilmember Dwyer asked if an ordinance like that would palatable to those businesses that the City would like to see annex. Council member Hall suggested the Counci 1 use the Attorney's recommendati ans on grandfather clauses·with the eight or nine conditions listed and then use the ADB for review of the noncon- forming .signs when. there ts a change. That provides the criteria, the grandfather rights, and a process which deals with existing signs and annexations. Councilmember Dwyer expressed a reserva- tion with that idea since people want to know when they annex what will happen. Councilmem~er Wilson said, if the City adopts a sign code that does not encourage businesses to annex, the signs will still be there. He said making change of ownership a condition may be too rigid, since businesses change hands because they are marginal. Councilmember Kasper said an owner would have to put up a new sign to get a new tenant, if the. old business failed. Councilmember Wilson said the City should be creating an environment which will make. people want to come into the City. Council- member Jaech said Newport Beach and the Irvine area had gone through a complete sign change by ' working toward bringing signs into conformance over a period of years. As a result, the area is aesthetically pleasing and people are attracted .to shop there. She said the Council had brought up the grandfather clause, so signs can be brought into compliance with the code. Councilmember Dwyer said there are reasons for wanting to annex these businesses other than for revenue; annexation allows the City to regulate land use and prevents the problem of City areas abutting County areas. The. City should be ·concerned about eventually br.inging signs into· conformance. Another point to consider is the progress that has been made in arriving at a compromise from very divergent points of view. Councilmember Ostrom suggested that the amortization period be extended to whatever time is necessary. He said a sign code is necessary, but it may be years before someone will be in a position to put up a new sign that will conform. The amortization would also apply to newly annexed areas. COUNCILMEMBER OSTROM MOVED, SECONDED BY tOUNCILMEMBER JAECH, THAT THE COUNCIL ADOPT A LONGER AMORTIZATION PERIOD AS DEFINED IN PARAGRAPH C OF MEMORANDUM FROM CITY ATTORNEY DATED MARCH 8, 1984. Mr. Eames explained that.would allow sign owners to appear before the Hearing Examiner. and ask for longer amortization periods; and signs which are annexed would have 5 years plus the opportunity to ask for a longer period. Council member Ostrom commented that if five years is not enough, they have opportunity to request a longer extension. Councilmember Dwyer expressed concern that the Council will find itself in a similar situation if people fail to meet the criteria listed in the memorandum. May 8, 1984 -continued He added that he would prefer adoption of a solution that would keep the Council from having to deal with n6nco~*orming signs again. He expressed concern that a business might have ~ sign for a lonq time, the amortization period could expire, and they would not be able to meet the criteria which would be applied, and would have to take the sign down. He said the Council should allow a sign that is not changed to stay as long as the owner wishes. Councilmember Kasper said he would vote against "the; motion since he believes changes should be tied to a 25% change in the building and a change of use in the business, since a change of use is not a matter of selling a marginal business and would not place a burden on the seller. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEMBERS JAECH AND OSTROM-.VOTING YES; COUNCILMEMBERS HALL, DWYER, WILSON, KASPER AND NORQUIST VOTING NO. MOTION I FAILED. · ·.·: COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, THAT NONCONFORMING SIGNS MAY NOT BE EXPANDED, EXTENDED, REBUILT, ALTERED OR RECONSTRUCTED fN ANY WAY, EXCEPT FOR NORMAL MAINTENANCE OR TO PROTECT THE PUBLIC SAFETY, AND THAT NONCONFORMING SIGNS SHOULD BE ALLOWED TO REMAIN UNTIL THE REMODEL OR ADDITION TO THE BUILDING EQUAL TO 25% OF THE BUILDING VALUE OCCURS OR IF THE USAGE OF THE BUILDING CHANGES. THIS WOULD INCLUDE NONCONFORMING SIGNS ANNEXED TO THE CITY. Councilmember Dwyer asked if a change in the use of the land or building should be included and Councilmembers Wilson and Hall agreed to the change in the wording of the motion, 11 ••• 0R IF THE USE OF THE LAND OR BUILD-I ING CHANGES.'' Mr. Eames asked if a name change would require conformance. Councilmember Wilson indicated that was not his intent. Mr. Eames read that portion of the present sign code which states that a change in name does not require conformance. Councilmembers Wilson and Hall agreed that the motion should include the wording '' ... EXCEPT FOR NORMAL MAINTENANCE, A CHANGE OF NAME WHICH DOES NOT CHANGE THE COLOR SCHEME, OR TO PROTECT THE PUBLIC SAFETY ... '' MOTION CARRIED. Ms. Block asked if the new ordinance would insure that all nonconforming signs on a property would be brought into compliance if any change were made to the sign package. Mr. Eames said a motion would be necessary to add that provision to the motion just passed. He noted that one item listed in the memorandum prepared by his office was that construction of new signs on the same property would require compliance of all signs. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO ADD THE PROVISION THAT ALL NONCONFORMING SIGNS ON A PROPERTY WOULD BE BROUGHT INTO COMPLIANCE IF ANY CHANGE IS MADE TO THE SIGN PACKAGE EXCEPT AS NOTED IN THE PREVIOUS MOTION. MOTION CARRIED. Attached'Sign Height: Councilmember Jaech asked Ms. Block if the present sign code indicates the location of the sign on the building. r1s. Block replied that the code states that no attached sign shall exceed 14'; and the ADB has the flexibility at this time. to exceed that height and/or to decide sign location under the general provisions of the sign ordinance and the ADB criteria. Councilmember Hall remarked that the Planning Board recomendation would be sufficient using just the first sentence. Councilmember Kasper pointed out that the Planning.Board, according to their minutes, was trying to prevent seeing a sign over the top of a building from the back side, to limit it below the height of the building. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, THAT THE 14-FOOT LIMITATION SHOULD BE REMOVED AND THE ARCHITECTURAL DESIGN BOARD BE ALLOWED THE FLEXIBILITY TO DECIDE SIGN LOCATION. ALSO, THE HEIGHT OF THE SIGN SHOULD BE LIMITED TO THE TOP OF THE PARAPET ON A FLAT-ROOFED BUILDING AND THE DRIP LINE ON A PITCHED ROOF. ·Mr. Eames asked if the ADB decisicin on sign location would be subject to Chapter 20.10. COUNCILMEMBER HALL INDICATED THAT THE ADB DECISION ON SIGN LOCATION SHOULD BE SUBJECT TO CHAPTER 20.10. Seconder agreed. Councilmember Dwyer indicated he was opposed to the motion in its entirety. He said the Council reaches a point where delegation becomes abdi- cation. Any further delegation to the ADB would be abdication of authority by the Council. In - addition, he sees no need for removal of the 14-foot limitation. He said flexibility can be viewed as arbitrariness and both are just words for a lack of standards. Councilmember Hall indicated that flexibility is contained in the present code. She noted that the ADB is told to do a little bit but that they can't handle it all. Councilmember Jaech said the ADB should follow the guidelines and procedures set for them. She feels the Council should not delegate their responsibility and the current 'code should remain the same. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEMBERS HALL, WILSON AND KASPER:VOTING YES; COUNCILMEMBERS JAECH, DWYER, OSTROM, AND NORDQUIST VOTING NO. MOTION FAILED. Councilmember Wilson noted that the 14-foot height is not necessarily the problem since the ADB has the latitude to ignore tha.t or anything else. Councilmember Jaech asked the City Attorney to pro- duce an ordinance which had been prepared in response to a motion passed in November 1983 to have any deviations from the existing code.go to the Hearing E~aminer. She said the ordinance had 6een delayed until the Council had op·portunity to go over the sign code and establish criteria. Council- member Kasper noted that it is important to read the minutes of the last joint meeting. He said the issue of height occurs when the building code is exceeded, because the sign can be seen over the building, whith no one wants. He asked the Council not to take action to move this to the Hearing Examiner, who will give a legal determination, since design is not a legal entity. Design must be based on rationale, not criteria. Moving this to the Hearing Examiner will destroy the design atmosphere of sign design and end up with something worse. He commented that some of the areas referred to in California are so standardized, they look as though they came out of a book. He said variety is the originality of the town and that progressive gray interpretation is needed, not black and white. The Council should be asking the ADB to work in the gray areas. The Boards should be allowed t~ function, if they get out of hand then something can be done. Councilmember Hall agreed. She said the make-up of the ADB consists of an architect, a planner, and an engineer. If the Council is going to have the Hearing Examiner, why have the ADB and the criteria. The ADB deals with the creative area and the Council has no business being in the design area. She said the Council created the Board and should respect them. Councilmember Jaech noted that parameters had been given to the ADB within which to work and design could be handled within that scope. When someone wishes to go outside those parameters the Hearing Examiner is the one to review why they want to go outside the scope and how it coincides with the Code and the wishes of the citizenry. Councilmember Wilson commented that people want to go outside the scope because of the aesthetics of the building, setbacks, heights, and design and asked what the Hearing Examiner would know about those aspects. Councilmember Jaech said the Hearing Examiner would know just as much as the ADB .. Councilmember Hall said that the Hearing Examiner had indicated he does not know about those areas. Councilmember Jaech read the Ordinance of the City of Edmonds I I I I I I I I May 8, 1984 -continued amending Section 20.60.020B of the Edmonds Community Development Code to remove the authority of the ADB to modify provisions of the sign code and adding a new section 20.60. lOOE to provide for vari- ances to be heard by the Hearing Examiner under specified criteria. She said the Ordinance was written following a meeting in November where the majority of the Council decided to have any variances come before the Hearing Examiner but it had been delayed until the Council had had.an opportunity to review the sign code. In relation to attached sign height the Council has just· voted to not give the ADB flexibility in that area. COUNCILMEMBER.JAECH MOVED, SECONDED BY COUNCIL- MEMBER OSTROM, TO ADOPT ORDINANCE 2427 PROVIDING FOR VARIANCES TO BE HEARD BY THE HEARING EXAMINER. Councilmember Hall expressed disagreement with the motion. She said the intent and psychology of the ADB abrogates the need for a variance. That is their purvue and they should deal with creativity. Councilmember Ostrom expressed support of the motion. He said design restrictions are not the sub- ject, an infinite amount of creativity exists within the maximums that have been established by the Council. If the Council turns the writing of the Code over to the ADB, he said, they are abdicating their authority as mentioned by Councilmember Dwyer. He reiterated that the Council establishes the maxi~ums and the ADB interprets within those maximums. Many times the ADB make requirements beyond Code requirements in attempting to achieve a more aestetically pleasing design. For the ADB to judge the aesthetics and also go beyond the Code would be a deriliction of duty in his opinion. Council- member Kasper-pointed oot the Minutes of April 11 and 25, saying they were very helpful in discern- ing whatcjs.:needed. He said there should be a complete hearing before the Council decides on this subject~j The· ordinance was done prior to all the appeals and a complete re-hearing of the subject should be held. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEMBERS JAECH, DWYER, OSTROM, AND NORDQUIST VOTING YES; COUNCILMEMBERS HALL, WILSON, AND KASPER VOTING NO. MOTION CARRIED. Councilmember Kasper comme~ted that this vote had destroyed everything the Council had accomplished this evening. He said he would not annex .to.the City with this motion in effect. Councilmembers Hall and Ka~per left the room at this point. Councilmember Jaech asked for a time frame upon which to establish a date for extension of the moratorium. Mr. Eames explained that the earliest date for these ordinances.to take effect would be May 21, but suggested the Council might prefer to give themselves some leeway in. the event of any thanges that may need to be made. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER OSTR0M, TO ADOPT ORDINANCE 2426 EXTENDING THE SIGN CODE MORATORIUM ON HIGHWAY 99 TO JUNE. 15, 1984. MOTION CARRIED. Councilmembers Hall and Kasper were not present to vote. CONTINUED DISCUSSION RE CIVIC CENTER FIELD Parks and Recreation Director Steve Simpson showed a transparency relating to the Six Year Capital Improvement Plan implemented in 1979. He briefly discussed the restrictions placed on the Civic Center Playfield during the past two years. He said the proposed project would change the use of the Civic Center field from an adult field to a youth oriented field, which should cause less conflict according to the neighbors of that area. Part of the grandstand structure would be preserved and integrated into the new building. Also, the jogging paths would be improved and expanded as part of the downtown revitalization. Mr. Simpson described the phases he had recommended to the Council for consideration. Councilmembers Hall and Kasper returned to the Council table. Mr. Simpson noted that adoption of the Master plan by the Sehool District will open the way for the City ·to begin negotiating values of improvements to the Woodway Field·, which could be applied to acquiring the Civic Center Field. To determine the value of the Civic Center Field and the improve- ments to the Woodway field, an appraisal will be required. The estimated cost for an appraisal is $5000 for the City and $5000 for the School District. A single appraiser is proposed since it is a friendly exchange of property. In addition, the City would have to adopt the Master.plan, authorize the Mayor to contract with an appraiser for the necessary appraisal, and indicate what portion of the proposed project the staff should work on and.what methods of financing should be pursued~ Mayor Nauqhten listed the projects and indicated their use. 1. \foodway athletic facility would be used by adults and young adults for evening games .. · 2. Civic Center youth services building would be used by the boys' club and youth club and would support the youth programs of the community. 3. Civic Center covered pool would benefit the entire·community. 4. Civic Center park would be for youth play and community activities such as the jogging track and the perfermance area. The cost to each homeowner would be $48.28 based on $100,000home value. This figure assumes no other money is available, and there are other sources. ·Mayor Naughten compared this figure with $23.52 spend on the Port District, which does not benefit very many people; and $16.43 which is spent on the Hospi- tal District and benefits everyone.. The Mayor reiterated that everyone is benefited by some thing in the proposed package. The community is also benefited and the proposal is supported by the · Chamber of Commerce. Another benefit is·increased property values. The location of the project within the 'bowl 1 area will also benefit the retail merchants and will attract young families to Edmonds .. Councilmember Nordquist asked if there were any mechanisms to provide citizen feedback on the proposal. Mayor Naughten said there were none. He commented that there is citizen support but they are waiting for the Council's decision on which portions of the project will be pursued before speaking out. Councilmember Dwyer asked if there is a method to present the project to voters in different phases to avoid defeat of the·entire package because one portion may not be popular. He said his concern was that the project could be defeated if the pobl were included, since the ·issue of the pool had emerged later in the study. If it were separated from the project and presented as a separate item there might be better chance for passage. Councilmember Jaech suggested the Council look at adopting the master plan, then discuss financing·. Councilmember Ostrom noted that a project of this scope· should be placed befor.e the people. Councilmember Kasper commented that the subject had started as a pool, then the Civic Center was added and now the two are being combined, with Woodway added. It was his opinion that: the entire package could not be voted upon. He will not May 8, 1984 -continue& support reduction of the athletic fields at the Civic Center to a park, even with the fi~lds at Woodway. He said the City is park poor, noting that most of the Block Grant money had gone into the ·beaches, the fishing pier and maintenance of those areas.· He said the.parks .are basically neglected throughout the City. A swimming pool may be needed nearer or in the 'bowl', but the usage of that facility is yet to be determined. This is a long range program and the key would be to cover the pool immediately. If the pool is supported over the next five or six years, then consider a major pool in another location. He noted that taking adult use away from Civic Center fields when that use is increasing does not make sense. Councilm~mber Ostrom commented that· the genesis of the project was an attempt to solve. the problem of the playfield. The plan presented by the citizen's committee is excellent. The Council must take some action to solve the problem. Councilmember Hall asked if the problem of the lights would be solved if the lights were removed from the Civic Center field and placed at Woodway; Councilmember Ostrom sai~ removal of the lights would help, but there are problems with noise and the other items. that people had discussed last summer. Councilmember Nordquist asked if the possibility of County support in the Woodway Project had been explored, since that field will be used by County residents as well as the City. Councilmember Jaech expressed concern regarding usagei since the City had not been able to provide adequate time for everyone to use the present field. If the County were involved, there would also be County teams to consider. Councilmember Nordquist replied that current use of the field is by teams from Seattle and Bellevue as well as Edmonds. If Edmonds teams were the only users, the field would not be used half the time. Councilmember Nordquist noted the South Snohomish Planning Council had explored concepts of sharing facilities. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE THE CONCEPT THAT HAS BEEN PRESENTED IN THE CITIZENS' MASTER PLAN. She ex- plained that she·was not addressing the financing, just the overall general concept of the plan. Councilmember Hall noted that she sees five parts not an overall concept. She noted that the City has a $1.00 a year lease for use of the playfield and it does not make good business sense to not take advantage of it. She might feel more comfortable if there were some public hearings indicating support of the project. Otherwise she.could not support it. Councilmember Kasper said he could not support removing recreation from the playfield. Headded that he was not willing to take the money out of the City to Meadowdale. Many people using Edmonds facilities do not live in Edmonds, and he suggested there could be an interlocal agreement for use of Meadowdale fields .. The City does not have the ability to use Block Grants for recreation and there is no revenue for that use. He is very concerned with the fact thatthe recreational aspect of the new district has not been expanded. He said he had asked for a ruling from Olympia on whether recreational use can be added to the performing arts district or create a new district to build these fields and carry the process out with the School District or whether the City cannot. Councilmember Jaech withdrew her motion. Mayor Naughten suggested the Council go through the proposal item by item to determine a consensus. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER OSTROM, THAT CITY STAFF WORK ON DEVELOPMENT OF THE WOODWAY ATHLETIC FACILITY, WHICH WOULD INCLUDE LIGHTED BASEBALL, SOFTBALL, AND SOCCER FIELDS AND A CONCESSION STAND. Student Representative Stewart commented that inclusion of other portions of the proposed project would be an advantage since more people would be benefited.. Councilmember Ostrom said he agreed with the motion but believes the Council should have an overall concept that links.all of the various items together. The City needs more big picture plans. If the Council could adopt the concept discussed earlier, they could start implementing those porti ans that \'Jere affordable. Councilmember Hall explained that acceptance of the package is a problem for her because it is tied to loss of the inexpensive $1.00/year cost for use of the Civic Center play- field. Councilmember Jaech stated that the cost to the City will not be known until the entire concept is accepted. Councilmember Hall said she did not object to the concept as far as everyone having a place for athletic activities, but she does not feel it is a good business deal. Council- member Ostrom said there is a problem.anytime life is made unlivable in any part of a City, some- thing: must be done to correct the situation. If the playfield must stay the way it is, then he would advise closing it down rather than spend another year aggravating the neighborhood. Council- ·member Hall said the acitivity at the playfield should be mitigated as much as possible; however, building·a complex as proposed would continue the same problem with noise and traffic. Perhaps the * only solution would be to close the playfield. Councilmember Kasper said another example of neighborhood impact is the Library. A parking problem has emerged throughout the neighborhood and the complexion of the neighborhood has changed complete- ly. The same thing is true of the arterial on 9th Ave. which split a residential neighborhood in half. The play areas in question at Civic Center Playfield should not be reduced in time or area. The new homes that have gone in were aware of the activity and knew of the lighting that was pro- posed. Councilmember Jaech said the property owners around the playfield are only required to bear the burden of what was in existence at the time they moved in, which did not include the new lights. She said the City has caused a greater impact and needs to assess what has been done in the area and attempt to solve the problem. In assessing the uses of the playfield, she said, it was found other needs were not being addressed. That was when the committee was developed with a representative from each of the users to develop an idea for a solution. to existing problems and address the needs of the community. Councilmember Ostrom commented that the neighborhood supported the proposed concept and had been given a part in designing the solution to the problem. Councilmember Hall said the City must be cautious in levying the amount of the proposal on everyone to solve a neighborhood problem. Mayor Naughten asked the Council to look at the needs of the community for the next 20 years and determine the best location for lighted fields, jogging tracks, inside the City or outside the City, etc. Once that is determined, financing can be tackled and then the City can find out if the public really wants the proposed ·project. Councilmember Jaech said some action should be taken this evening. MOTION CARRIED. *See May 15; 1984 Minutes I I I I I I I I I I May 8, 1984 -continued COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILME.MBER HALL, THAT THE STAFF DEVELOP A PLAN FOR AN INTERIM POOL COVER FOR YOST POOL. Councilmember Kasper supported his motion by saying there is no proof at this time that a pool would be fully utili-zed. This is a in,ethod to see what the people will support, the cost is nominal and allows other capital to be used in developing Woodway. It would also use up the remaining life of the present pool. A ROLL CALL VOTE WAS TAKEN WITH COUNCIL- MEMBERS HALL, WILSON, KASPER, AND NORDQUIST VOTING YES; COUNCILMEMBERS JAECH, DWYER AND OSTROM VOTING NO. MOTION CARRIED. Councilmember Kasper commented that the City should be very particular in selecting an appraiser and suggested that the City and the School District should retain separate appraisers. COUNCILMEMBER JAECH MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER NORDQUIST, THAT THE CITY ACCEPT THE CONCEPT THAT A CIVIC CENTER YOUTH SERVICES BUILDING SHOULD BE CONSTRUCTED TO HOUSE BOYS' & GIRLS' CLUBS, YOUTH CLUB, AND INCLUDE A GYMNASIUM. Councilmember Jaech said the building would be constructed on the Civic Center site and would incorporate part of the grandstand. A ROLL CALL VOTE WAS.TAKEN WITH COUNCILMEMBERS JAECH, DWYER, OSTROM, AND NORDQUIST VOTING YES; COUNCILMEMBERS KASPER, WILSON AND HALL VOTING NO. Councilmember Hall stated she voted no for the reasons stated previously. MOTION CARR I ED. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER OSTROM, THAT THE COUNCIL ACCEPT THE CONCEPT OF CONSTRUCTING A CIVIC CENTER COVERED POOL. Councilmember Dwyer said covering Yost Pool to see if people would support a pool would indicate waiting to see if that is supported before considering another pool. Councilmember·Jaech said it would be shortsighted to spend $140,000 to see if people want to utilize a swimming pool. She said it was more rational and less expensive to put the idea on the ballot. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEMBERS JAECH, DWYER, AND OSTROM VOTING YES; COUNCILMEMBERS HALL, WILSON, KASPER AND NORDQUIST VOTING NO. MOTION FAILED. COUNCILMEMBER JAECH MOVED, SECONDED.BY COUNCILMEMBER OSTROM, TO ACCEPT THE CONCEPT OF CONSTRUCTING A CIVIC CENTER PARK TO INCLUDE CIVIC CENTER PLAZA, OUTDOOR PERFORMANCE AREA, JOGGING TRACKS, YOUTH BASEBALL AND·SOCCER AREAS, PARKING LOTS AND PASSIVE USE AREAS. MOTION CARRIED WITH COUNCILMEMBERS KASPER AND WILSON VOTING NO. Councilmember Kasper asked that the final choice of appraiser be approved by the Council. Mayor Naughten said the staff would provide information on the.cost of an appraiser and the architectural design on Woodway. Councilmember Jaech asked that a time frame be established to make sure all necessary actions are taken in order to get these items on the September ballot. REVIEW COUNCIL WORK MEETING PROPOSAL Mayor Naughten said the information before the Council was the result of input from Council Members and other Cities. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER WILSON, THAT THE COUNCIL ADOPT THE REVISED WORK MEETING FORMAT AND COUNCIL MEETING HOURS AS PRESENTED. Mr. Eames said an ordinance would be drafted to change the appropriate section of the Code and would be on the consent agenda for May 15. MOTION CARRIED. MAYOR Mayor Naughten proclaimed May 7-12 as Edmonds High School Week. The Mayor proclaimed the week of May 15 as National Police Week and the day of May 15 as Police Memorial Day. Mayor Naughten said he and Councilmember Hall had met on May 7 with the Police Department and 20 residents of Sunset Ave. to discuss the coming summer season. The Mayor complimented Student Rep- resentative Stewart for attending the meeting. The Mayor said a task force had been named for the Downtown Main Street Development Program con~ sisting of Marlo Foster, John McGibbon, Lloyd Ostrom, Jacque Mayo, Bill Auerswald of the Port District, Dick Beselin of Harbor Square, and the core committee being Dave Earling, Mary Lou Block and Jim Morrow .. -Their ft-rs-t meeting is )May .. 21. ''· ,_. : · · · ~ •·'. Mayor Naughten asked if any Council Members would be attending the AWC convention in Yakima. Councilmembers Nordquist and Hall responded. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL- MEMBER OSTROM, THAT THE JUNE 12 COUNCIL MEETING BE MOVED TO MONDAY JUNE 11. MOTION CARRIED. The Mayor said the information from the attorney on the Civil Service issue will be available next week. Mayor Naughten said a group of politicians, two Mayors and one Presidential Advisor, and a member of the State Department had visited Edmonds last week. The Mayor introduced Melissa Steineger, of the Enterprise, who is filling in for Ron Post this evening. COUNCIL Councilmember Hall called attention to the program she had given each Council member for Edmonds Senior High. She reported on the school's preparation for next week. She complimented Police Chief Dan Prinz in getting the meeting arranged with the residents on Sunset Ave. She reported that it was a good meeting. May 8, 1984 -continued Councilmemb~r Dwyer reported that SNOCbM spent 24.781 of its budget during the first quarter. Councilmember Kasper asked ~hat the Edmonds Public Disclosure Ordinance be pla~ed on the agenda. He said there are inconsistencies with the State and the document should be corrected. He said there is a Community Services Committee meeting next week and asked for touncil support of the City Engineer's request for retention maintenance ponds~ Councilmember Kasper asked for a total financial report for the Council of how much was spent on Dayton St. ~uring construction and the funding sources. Council President Jaech reported that she had requested copies of person~el vacancy announcements so the Council would know what is going on in the City. She reminded evepYone of the workshop sched- uled on May 19 at 8:00 a.m. ·in Community Services Staff Lounge, indica'ting the Council would review . .. . . I items discussed at the retreat. · . , Council President Jaech said several neighbors around 555.Walnut St. had asked her to correct a situation involving children playing in the building excavation area. Mayor Naughten said he had discussed the situation with Ms. Block and the developer will be asked to secure the area. Countil President Jaech said there is a probl~m at the intersection of 9th and Casper with dirt and gravel on the roadway. She asked that someone supervise and.keep the road clean. Councilmember Hall commented on the thank-you note from Mr. Simpson. Since there was no ·further business to come before the Council, the meeting adjourned at 10: 35 p.m. . ' LARRY S. NAUGHTEN, Mayor May 15, 1984 The regular meeting of the Edmonds City Council was called to order at 7:30 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag salute. PRESENT Larry Naughten, Mayor Jo-Anne Jaech Lloyd Ostrom Bill Kasper Laura Hall Steve Dwyer Jack Wilson. John Nordquist ABSENT Brian Stewart, Student Rep. STAFF PRESENT Steve Simpson, Parks & Rec. Director Jack Weinz; Fire Chief Jim Jesse 1 , Property Manag'er Mary Lou Block, Planning Director Jim Adams, City Engineer Bobby Mills, Actg. Pub. Wks. Supv. Pat LeMay, Personnel Director Robin Hickok, Actg. Police thief Jackie Parrett, City Clerk John Wallace, City Attorney Scott Snyder, City Attorney Shirlie Witzel, Recorder Councilmember Kasper advised Mayor Naughten that Councilmember Nordquist would be delayed at a Community Transit meeting but would Join the Council later in the evening. CONSENT AGENDA Item (F) was removed from the Consent Agenda by Mayor Naughten because of language pro~lems and was returned for Council consideration during the Mayor's portion of the meeting. Items (B), (C), (G), (K), (L), (M) and (N) were withdrawn from the Consent Agenda. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO APPROVE .THE BALANCE OF .THE CONSENT A~ENDA. MOTION CARRIED. The approved i terns on the Conser:it Agenda included the fallowing: (A) Roll call. (D) Authorization to advertise for procurement of traffic control poles (SR 524 and 80th Ave. w.). (E) Adoption of Ordinance 2428 amending Chapter 18.95.of Community Development Code regarding parking lot construction and standards. · (H) Acknowledge receipt of Claim for Damages from Grant K. Weed for $910.89. (I) (J) Accept recommendation to make 20 annual payments of $34,866 each as Edmonds' share of improvements to Brown's Bay Treatment Plant. Authorization to award Public Works Uniform Service Contract for two years to Troy Linen & Uniform ~ervice for $8,314:80 annually. APPROVAL OF MINUTES OF MAY 8, 1984 [ltem (B) on Consent Agenda] Councilmember.Hall asked that Page 8, first paragraph, last sentence be corrected to read ''Council- member Hall said in order to mitigate all of the problems the playfield would have to be closed and the Council would have to work backwards from that point." COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER JAECH, THAT THE MINUTES BE APPROVED AS CORRECTED. MOTION CARRIED. I I I I I