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19841113 City Council MinutesNovember 13, 1984 (Work Meeting) The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Larry Naughten, Mayor John Nordquist Pat LeMay, Personnel Director Jo -Anne Jaech Art Housler, Admin. Svcs. Director Steve Dwyer Bobby Mills, Actg. Public Wks. Supt. Laura Hall Jim Adams, City Engineer Bill Kasper Jack Weinz, Fire Chief Lloyd Ostrom Peter Hahn, Community Svcs. Director Jack Wilson Mary Lou Block, Planning Director Suzanne Adams, Student Rep. Jackie Parrett, City Clerk John Wallace, City Attorney Scott Snyder, City Attorney Shirlie Witzel, Recorder 11 t IC 25 • November 13, 1984 continued Mayor Naughten announced.that Councilmember Nordquist was attending a Community Transit meeting. CONSENT AGENDA Items (B), (H) and (I) were removed from the Consent Agenda for discussion. Item (G), Approval of Residential Rental Agreement for H. 0. Hutt property, was removed from the.Consent Agenda and rescheduled on the November 20, 1984, Consent Agenda. Item (F), Proposed Ordinance 2466 mending. Section 8.64.080 of Edmonds City Code to allow busses on 76th Ave. W., was placed later in the evening's agenda.to.allow discussion after Councilmember Nordquist's arrival. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda.included the following: (A) Roll call. (C) Passage of Resolution 607 initiating vacation of public easement on land owned by Robert Coomer in vicinity of 181st P1. S. W. and Andover St. (D) Adoption of Ordinance 2464 levying 1985 property taxes. (E) Adoption of Ordinance 2465 providing for Council committee meetings to be held in conjunction with Council work meetings. (J) Final acceptance of work by Tri State Construction. Company for North.Meadowdale Sewer Project, LID 210, and setting 30-day retainage period. (K) Authorization to dispose of 1974 Chevrolet Van aid unit. • (L) Passage of Resolution, 608 commending.Culinary Olympics Silver Medalist Richard Wittman. APPROVAL. OF 14INUTES OF NOVEMBER 5, 1984 [Item (B) on Consent Agenda] Councilmember Dwyer asked that his comments preceding the motion relating to the Hearing Examiner's decision, page 4, 5th line, be corrected to read "he was attempting to find the intent of the ordi- nance from the preamble, which specifically stated that the Council found that accessory dwelling units were not detrimental to single family residential zones." Councilmember Kasper said he had discussed two items in the minutes with the City Clerk and commended the substitute minute taker for a job well done.on a complicated meting. COUNCILMEMBER DWYER MOVED, SECONDED.BY COUNCILMEMBER KASPER, TO APPROVE THE MINUTES OF NOVEMBER 5, 1984, AS AMENDED. MOTION CARRIED. FINAL ACCEPTANCE OF WORK BY CASCADE MASONRY AND RESTORATION, INC., FOR WATERPROOFING OF SENIOR CENTER ($19,812) [Item (H.) on Consent Agenda] Councilmember Wilson asked if the proper guarantees had been obtained for the re -roofing of the Senior Center. City Engineer Jim Adams said this contract had been for waterproofing the exterior walls and work on the parapet of the Senior Center, not the roof; the roofing contract had not yet been awarded. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE ITEM (H) IN THE AMOUNT OF $19,812. MOTION CARRIED. FINAL ACCEPTANCE OF WORK BY ED BOULTON INSULATION AND GLASS FOR WADE JAMES. THEATRE PROJECT $48,980 Item I on Consent Agenda Councilmember Hall asked if Ed Boulton Insulation and Glass were the only contractor working on the theatre project. Mr. Adams said this was the only contractor working on the project at present but it was not the total job. He said the remaining projects are being prioritized to determine what can be accomplished with the remaining grant funds. He indicated the top priority would be the paving. A contract for the remainder of the grant will be awarded within the next few weeks. Councilmember Hall commented that a safety hazard exists and asked that something be done in the interim. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE FINAL ACCEPTANCE OF WORK BY ED BOULTON INSULATION AND GLASS. MOTION CARRIED. At.flayor Naughten's invitation, Kirby White of 639 8th Ave. S. announced that the girls' team from Edmonds High School had placed first in the cross country event at Spokane this year and the boys' team placed fifth. After this event in 1983, the boys' team placed third in the National Junior Olympics. This year the athletes have been invited by the People's Replublic of China to partici- pate in the 5K and 10K runs in China, December 30. He noted.that six students have been invited: five from Edmonds High, Jay Wallace, Staci Larsen, Amy Williams, Koshtra Rossiter and Jenny Deonigi; and one from Lynnwood High, Suzi Crabb. The team will be coached by Tom Campbell of Edmonds High. He added that the students"will need approximately $1500 each to cover air fare, meals, etc., and said that donations may be sent to the "China Run" at Shoreline Savings and Loan, P. 0. Box 408, Edmonds, WA 98020. He said any questions could be directed to Don Wallace at 778-7195. PRESENTATION OF RESOLUTION OF COMMENDATION TO RICHARD WITTMAN Mayor Naughten read the resolution commending Mr. Wittman.for winning two silver medals in the 1984 Culinary Olympics in Frankfort, West Germany, presenting him with a framed copy of the resolution. PRESENTATION OF PROCLAMATION TO EDMONDS HIGH SCHOOL DECA Mayor Naughten proclaimed the season between November 22 and.December 24 as Shoplifting Awareness Month and commended the efforts of the Distributive Education Club to promote awareness of the problem. The framed proclamation was presented to representatives of the DECA chapter. 26 November 1.3, 1984 - continued • MEETING WITH`EDMONDS CHAMBER OF COMMERCE Chamber President Dave Earling introduced the incoming officers of the Chamber, President Chris McDevitt, who has his own accounting firm, and Vice -President Beth Witter, Manager of Old National Bank at.Harbor Square. Jim Morrow reported that Edmonds is receiving excellent cooperation from the state and national staff of the Main Street program. He said necessary organizations and.plans are being developed. By the end of the week, the Main Street Program.will be incorporated,.with a Board of Directors selected from members of the community- Mr. Morrow said the next step i.s selection of a Project Manager by December 1. Mr. Morrow.said Edmonds was not selected because there was insufficient funding and a lack of commercial buildings with historic significance. He noted that the City may apply again in 1985 and will attempt to keep parallel with the selected cities in the event reappli- cation is made. Mr. Earling described the progress of.the D-DAT program. The sub -committees should be submitting their reports by the end of the year. with recommendations being presented, which should reflect the concerns of both the task force and the.community. In regard to the minutes of the D-DAT task force, Mr. Earling said the cost will be assumed by the Chamber or .Task Force for the balance of the year. He distributed copies of the.current minutes of the task force. In regard to the proposed community questionnaire, Mr. Earling and Mr. Morrow expressed concern regarding the wording of the questions relating to the business area. Mr. Morrow said the Chamber planned a market survey next year as part of the Main Street program and asked if both surveys were necessary. After further discussion of the survey, Councilmember Ostrom said the business questions could be dropped from the questionnaire if a detailed survey is planned by the Chamber. THREE-MONTH REPORT FROM CITY ATTORNEY RE TEMPORARY PROCEDURE ON CRIME VICTIMS' RIGHT.OF ALLOCUTION • City Attorney Scott Snyder reported that one victim had qualified under the criteria, was interested in appearing during the sentencing, but the sentencing has not occurred., He said there had been no problems encountered in administering the procedure and the court had been helpful. Since the procedure has been helpful to at least one person and there have been no difficulties associated with the procedure, 00ONCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO CONTINUE THE PROGRAM ON A PERMANENT BASIS. MOTION CARRIED. CONTINUED DISCUSSION ON PRE -ANNEXATION ZONING OF.CHASE LAKE PROPERTY.(FROM OCTOBER 23) Community Services Director Peter Hahn called attention to the information contained in the Council packets, emphasizing the options listed in the letter from the City Attorney. He said the staff were waiting to proceed as directed by the Council. In response to a question from.Councilmember Jaech, Mr..Snyder said there are no pending cases with respect to Chase Lake itself. He.outlined the basic steps enumerated in his memorandum of November 6. He.said one decision immediately before the Council is how much SEPA review is to be done and who will accomplish the review. The City may elect to submit.the entire project for County review, instructing the staff to pursue that action, requesting a conditional use permit and a SEPA review. -Annexation of the property would likely result in a determination of non -significance and the SEPA review would then be conducted by the Edmonds staff, he added. Councilmember Kasper wants the process pursued through the County since residents of the area would have a voice. He said the Council wishes to be conscious of the residents' wishes but emphasized the need for storage space outs.ide.the bowl area. In addition, he said the land would be less expensive. than purchase of similar commercial property.. Mr. Kasper said the use of that property for storage could be reviewed. in three.to five years and emphasized that the proposed use would be an improvement over what is now there. Councilmember Jaech agreed that the County process should be pursued to give residents an oppor- tunity to have a voice in any decision. She mentioned the City -owned property at Perrinville and suggested the horse corrals might be relocated at the Meadowdale property to allow storage at Perrinville. She said one of the reasons cited for mov.ing the storage was because it did not belong in a. park and moving storage to Chase Lake would not be consistent with that reason. Councilmember Hall believes negative aspects are being emphasized. Her intent with this project was an enhancement.of the neighborhood, removing an eyesore and hazard. She'sa.id originally the prop- erty was to bedeveloped as 50% park and 50% utilization by Public Works and she would like to work cooperatively with the residents in development of the property.. She had determined that the City would be moving into the property in 1989 with a storage site, completing the move in 1990, and providing.an opportunity to see if the storage facility should remain there. In addition, she said, the drainage in the area. would be improved. Councilmember Jaech asked if the area mentioned in the mutual release and settlement agreement is the area under discussion. Councilmember Kasper interjected that there would be no need to fill around the edge. Mr. Snyder replied the property is the same but the drainage ditch originally suggested by the County would be a means of correcting the defect mentioned; however, no property ,owner would be bound that was not a party to the action. He said there is a clear indication that the County will pursue proper drainage across the property. Councilmember Kasper said this would be another reason to pursue the project through the County process. Councilmember. Wilson commented on the perception of the City as a bad neighbor. He noted that the City has been a good neighbor as demonstrated,by the areas in which the City now has facilities located. E 27 • November 13, 1984 Councilmember Kasper noted that this would not be intended as a high density park since it is an ecological study area and foresees 'paths and preservation as the intent. He said he does not be- lieve the Council has heard from the -majority of the people in the area. Councilmember Ostrom did not take issue with comments being made but is bothered by discussion of a project that is not wanted by the majority of the residents in the area. He understands there is a need for a storage site but would not want it in hi.s neighborhood and is not convinced of the ur- gency of the need, since he has not seen data to substantiate the statements made. COUNCIL14EMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO REQUEST WAIVER OR REVIEW BY THE BOUNDARY REVIEW BOARD, FILE AN APPLICATION FOR A CONDITIONAL USE'PERMIT WITH THE COUNTY, PROCEED WITH THE STATE ENVIRONMENTAL PROTECTION ACT PROCESS.WITH RESPECT TO THOSE TWO SEPARATE ACTIONS, AND REQUEST THE PLANNING BOARD TO PROCEED WITH PRE -ANNEXATION -ZONING. Councilmember Dwyer asked if the intent of the motion was to have the County decide on the conditional use permit prior to proceeding with annexing the properties and allow residents of the area to voice their concerns before the County. Councilmember'Ha.11 said it was. Mr. Snyder.said, if.the motion passes, the staff should be instructed to obtain an option that is contingent on approval. by the County in the event the process lasts longer than the six month option period. Councilmember Kasper said people would have an opportunity to speak to their elected officials and he would make his decision regarding purchase after the process is completed.. Mr. Snyder said the three steps would be pursued simultaneously; the Boundary Review Board would be looking only at shifting the property from one jurisdiction to another and would not be considering any proposed project. He said an opportunity for comment from the residents would occur.during hearings on the.conditional use permit. Councilmember Dwyer said that the question of property use would be the issue, not whether it is in the City or the County, and that issue would be addressed during hearings on the permit application by a decision maker other than the City of Edmonds. . Councilmember Kasper noted that the City would not be obligated to go through the annexation process after the conditional use permit is obtained; the property could then be purchased. Mr. Snyder said there were advantages in annexing the property. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEMBERS DWYER, HALL, KASPER, AND WILSON VOTING YES; COUNCILMEMBERS JAECH AND OSTROM VOTING NO. MOTION CARRIED. ;.Councilmember Kasper commented that recent staff minutes indicated that often the staff have comments regarding a pending motion that should be heard before a vote is taken. Mayor Naughten explained that the staff were referring to comments made by the public that were erroneous and a decision was made to allow staff to clear up any misinformation following such comments. Council - member Kasper reiterated that it would be a good idea to have staff comment prior to a motion since there have been times when actions taken by the Council might have been different if the staff comments had been heard. DISCUSSION OF BUDGETS.OF MAYOR, CITY ATTORNEY, AND ADMINISTRATIVE SERVICES DEPT. Councilmember Wilson expressed his need, as a new Council member, to meet with the Council as a whole for discussion of the budget as a whole rather than in a piecemeal fashion.. Councilmember Hall said scheduling a work meeting for the budget on a Saturday would be a good idea, since there are -three new members on the Council. Councilmember Kasper suggested December l as a good date starting at 8:30 a.m. Mayor Naughten asked if the.Council would need anyone other than Art Housler present during such a meeting and the Council indicated there was no necessity for others to be present; however, it would be an open meeting. Council President Jaech said she would check with Councilmember Nordquist and advise the rest of the Council of a definite time and date for such a meeting. Mayor Naughten outlined his budget for 1985. Councilmember Jaech asked if the Mayor intended to fors a secretarial pool or have a floater.that could fill in for absences due to vacations and illness. Mayor Naughten said a modified plan is being explored. City Attorney John Wallace reviewed the 1985 budget for the City Attorney. He described the increased traffic court services resulting from recent court decisions. During the discussion, the Council asked that a .letter be prepared outlining the services provided and the fees for the year. Mr.:;Snyder interjected that he was due for a six month review and asked for Council comment. Councilmember Hall noted that his earlier over -exuberance had.calmed down and she had no complaints now. Mr. Snyder suggested the Council might wish to begin scheduling topics on which legal opinions are needed during regular meetings rather than work meetings. Councilmember Jaech expressed concern that the Council may not be able to confine such topics to the regular meetings.since they are filled with hearings. Councilmember Dwyer commented on the startling amount spent for traffic court expenses and the need to examine some alternatives which might reduce the amount. Administrative Services Director Art Housler explained the line items in his budget. Councilmember Kasper commented on the establishment of a maintenance fund and questioned planning projects for J both the Community Services and the Public Safety building during the same year. REVIEW OF COUNCIL STAFF AND COUNCIL BUDGET Council President Jaech said the same budget information was used this year as last year. Councilmember Hall said the Council must determine if the Council Resourceperson position should be retained, expanded or deleted. She said.she has frequently used the services of the position. During discussion, the Council determined to meet during Executive Session with. Council Resource - person Jo Pendergast to determine how best to utilize the position in 1985. Council President Jaech scheduled the meeting for 6:00 p.m. on November 27th. November 13, 1984 - continued • PROPOSED ORDINANCE 2466 AMENDING.SECTION 8.64.080 OF-EDMONDS CITY CODE TO ALLOW BUSSES ON.76TH_ AVE. W. [Item (F) on Consent Agenda] Since Councilmember Nordquist had not.been able to attend the meeting, COUNCILMEMBER KASPER MOVED, SECONDED BY.000NCILMEMBER HALL, TO SCHEDULE THIS ITEM ON THE CONSENT AGENDA ON NOVEMBER 27, 1984. MOTION CARRIED. MAYOR Mayor Naughten announced that Edmonds had been awarded a $95,000 grant from the Washington State Interagency Committee for Outdoor Recreation to be used for improvements to Brackett's Landing. The Mayor said the Senior Center has an employment agency which is seeking employment for seniors between the ages of 55 and 62. There is a list available and the City is attempting to use some of these people within the City. Mayor and Mrs. Naughten attended the installation of new officers at the Edmonds Junior Chamber of Commerce last week. The Mayor`noted.the-Olympic School Committee meeting is scheduled for November 14 in the small Plaza Meeting Room. Mayor Naughten corrected the date for discussion on the Visitor Information Bureau to November 20. The Mayor said there would be'a luncheon between 11:30 a.m and 1:00 p.m. on Thursday, November 15, in the Plaza Meeting Room to bid Felix deMello farewell. Mayor Naughten appointed the following people to the Youth Activities Board: Edmonds Community College, Cheryl Aylesworth and Dan.Shively; Meadowdale High School, Jay Warden and Michelle Allen; Edmonds High School, Anne LeWarne and Lisa"Hertrich; Edmonds School Board.Student Advisor, Michelle Fresia; City Council Student Representative, Suzanne Adams; Citizen at Large, Maureen Pierre; and Woodway High School, Garrett Davelaar, Joel Marshall and Matt Latimer (alternate). The Mayor announced that November 12-18 is National Children's Book Week at the Library according to Librarian Kathy Turner. Mayor Naughten asked Mr. Wallace to discuss the Olympic.V.iew Water issue. Mr. Wallace listed the options available to the Council: 1. Seek an amendment to.the contract, 2. Provide water service or 3. Take over the existing water lines inside the City. He suggested that options 2 and 3 be discussed with the Public Works Dept. Mayor Naughten noted that it was.10:00.p:m. and he would have to close the meeting. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO CONTINUE THE MEETING THROUGH THE COUNCIL SECTION OF THE AGENDA AND THE EXECUTIVE SESSION. MOTION CARRIED. Councilmember Kasper stated the question regarding Olympic View Water should be discussed as soon as possible'and believes it should be addressed while the Council is in the budget process. Council President Jaech scheduled discussion of the question for November 27. COUNCIL Councilmember Wilson expressed concern regarding the proposed City questionnaire and his wish to provide imput to the questions. Councilmember Ostrom welcomed imput of a specific nature from the Council and Mayor. Councilmember Dwyer pointed out that Professor Golden will provide the expertise in wording the questions to reflect what is wanted. Councilmember Hall disagreed with the approach being used and would rather have hard data. Councilmember Dwyer pointed out that the color coding would provide the demographic information needed. Councilmember Kasper agreed with the Mayor's comments regarding the appeal process. He said it is necessary to re -analyze the process since appeals such as the one last week are not fair to anyone. He said a worksheet for use in the appeal process as suggested previously by Councilmember Dwyer needs;to be devised. Councilmember Dwyer agreed that an application form for use in appeals is needed, and should be developed for appeals from Hearing Examiner decisions. Councilmember Ostrom would not be opposed to further.discussion concerning the criteria or format for stating an appeal; however, he would not agree to limiting discussion on an appeal to those items raised on an appeal letter. He said an appeal is a de novo hearing which precludes any type of limitation. Planning Director Mary Lou Block commented that the Council would be involved in the appeal criteria if they would indicate whether sufficient reasons were present when the appeal came before them, advising the staff to secure a more complete appeal if necessary. Mr. Snyder said the Council may also refuse to accept the appeal if it fails to meet the prescribed criteria. Councilmember Jaech suggested the staff look at appeals and ensure that appeals have been filed in a timely manner. Mr. Snyder noted that a specific ordinance or criteria is necessary if the Council intends to allow appellants to supplement their appeals. Councilmember Dwyer listed two items to be considered, guaranteeing that the appeal presents legitimate issues for discussion as opposed to an ordinance that narrows the scope of review before the Council. Councilmember Kasper raised the question of the temporary appointment of a Councilmember to fill the temporary vacancy left when Councilmember Nordquist became the Acting Director. He believes the appointment should be confirmed by the Council. Councilmember Jaech clarified that Mr. Nordquist is still a Board Member but as Acting Director he cannot be a voting member of the Board; however, as soon as the Director position is filled, he would resume his seat on the Board. Mr. Snyder explained that the Council had appointed Councilmember Nordquist as a member of the Board but did not appoint 1 1 n LJ Il i 1 0 • November 13, 1984 - continued 1 an alternate. He said the Council could do nothing, allowing the Council President to fill the position, or the Council can make an appointment. Councilmember Dwyer noted that there would be no need for a motion unless the motion were to override the appointment made by the Council President. Councilmember Kasper pointed to other actions in which motions were made after the fact to avoid any innuendoes. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO CONFIRM THE APPOINTMENT MADE BY THE COUNCIL PRESIDENT TO.THE COMMUNITY TRANSIT BOARD. MOTION CARRIED.. (The Alternate appointed.was Council President Jaech.) Councilmember Hall referred to a letter from -Jean Scarr, 22609 90th Ave. W., regarding the.gate at Woodway High School. Mayor.Naughten has been in contact with School Superintendent Hal Reasby about the subject. She reiterated her concern about the tool being.used in the Community Survey. She suggested topical questions might be sent throughout the year in the water bills, rather than one long.questionnaire. Councilmember Dwyer reminded.everyone of the Olympic.School. Committee meeting.Wednesday, November 14, at 7:00 p.m. in the small Plaza Meeting Room. The meeting recessed to Executive Session at 10:30 p.m. and adjourned at 10:40 p.m. JACQUKINE G. PAR ETT, City Clerk LARRY S. NAUGHTEN, Mayor