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08/20/1985 City CouncilTHESE MINUTES SUBJECT TO SEPTEMBER 3 APPROVAL EDMO.NDS CITY COUNCIL MINUTES August 20, 1985 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 sa- lute. PRESENT STAFF PRESENT Larry Naughten, Mayor Art Housler, Administrative Services Director John Nordquist Peter Hahn, Community Services Director Steve Dwyer Mary Lou Block, Planning Manager Laura Hall Jack Weinz, Fire Chief Jo -Anne Jaech Jim Adams, City Engineer Bill Kasper Jackie Parrett, City Clerk Lloyd Ostrom Scott Snyder, City Attorney Jack Wilson Shirlie Witzel, Recorder Tom Cole, Student Rep. Mayor Naughten announced there would be Executive Session to discuss real estate negotiations following the present meeting. CONSENT AGENDA COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included by following: (A) Roll call. (B) Approval of minutes of August 13, 1985. (C) Acknowledgment of receipt of Claim for Damages from Rita D. Martinez ($175). (D) Adoption of Ordinance 2516 adopting Initiative and Referendum Powers for City of Edmonds (from�Resolution of Intention 266 passed May 14). (E) Authorization for Mayor to sign contract for limited, preliminary architectural services for secondary sewer treatment ($8,500). AUDIENCE Beth Witter, Vice President of Edmonds Chamber of Commerce and manager of Old National Bank at Harbor Square,,extended thanks to the City for their support in the Taste of Edmonds held last weekend, August 16-17. She said the event was a great success and offered to answer any ques- tions, noting that a report will be submitted very soon on the outcome. Councilmember Hall asked if the restaurants were pleased. Ms. Witter replied in the affirmative and stated that compli- ments had been received from residents. Mayor Naughten said there would be a meeting Wednesday morning, August 21, to review the highlights of the event. MID-1985 SUMMARY OF FINANCIAL STATUS Mayor Naughten reported that the financial position of the City is good and is expected to remain that way throu�h 1986. He said the City expects to attain 99% of the 1985 operating budget of $8,255,000 and�should spend 97% with a 2%.carryover to 1986. The carryover may be needed to offset anticipated revenue losses from County and Federal sources, difficulties that will .be dealt with during the budget session starting in September. Mayor Naughten explained that proper- ty, retail sales and utility taxes account for 63% of the general operating revenues received by the City. Because of vigorous building construction since 1981, the percentage has increased 7%. In regardlto utility and property tax rates, the Mayor said Edmonds ranks sixth lowest in utility tax rates and fifth lowest in property tax rates of 23 major cities in the State; in Snohomish County, Edmonds' property tax ranks third lowest out of fourteen cities. On the expendi- ture side, Mayor Naughten said 67% of the general operating budget is spent for Public Safety and Community Services and Public Safety, made up of fire, police and emergency services, accounts for two-thirds',of this figure. He said the amount budgeted in the general fund in 1985 is only . I 7% higher than in 1984, the smallest amount of increase in six years. When considering the infla- tionary factor of 4.5%, he said this leaves only 2.5% for real growth improvement in services, expansion in services and items beyond the control of City management. THIRD HEARING ON PLANNING BOARD RECOMMENDATIONS FOR IMPLEMENTATION OF HIGHWAY 99 STUDY Planning Manager Mary Lou Block said Reid Shockey of Shockey and Associates was present to answer any questions. Mayor Naughten opened the public hearing. Bob Boye, 24325 76th Ave. W., responding to comments made at the last hearing, said the Doces property was not included in the south node because the use of the property has been a controver- sial issue not only in the Lake Ballinger area but also within the Planning Board. He said Mr. Shockey has been able to present a workable solution to the problems that is•favored by the resi- dents of the Ballinger area. Mr. Boye said determining the location of the nodes was a political decision. He noted that Ballinger area residents are firmly opposed to any commercial encroach- ment by the Doces complex. He cautioned that any changes anticipated by the Council regarding the boundaries of the south node should be communicated to the residents and provision made to allow public input before a final decision is made. He said the criteria used in selecting the node locations included the need for circulation of traffic around and through the site. Both of the nodes so identified meet that criteria, he said; however, the Doces property does not. In regard to comments concerning the ecological sensitivity of Lake Ballinger, Mr. Boye said this was not a large item but the Planning Board felt including that statement would provide a reason for cleaning the lake and identifying an ecological need. Councilmember Kasper commented that he is contemplating an amendment to the study including the Doces property in the south node as an ideal location for an office building. He suggested any other planned amendments to the study might be presented and distributed prior to the September_ 17 Council meeting. Councilmember Ostrom said there were no further public hearings to allow input from the community regarding any changes that might be cons.idered by the Council. Council - member Jaech expressed doubt that the rest of the Council would agree with the change contemplat- ed by Councilmember Kasper. Councilmember Ostrom indicated that anything the Council approved as. an ordinance on September 17 would be contained in the Highway 99 Study; he would not vote for any new concepts such as Changing the location of the nodes. Any proposed changes, he said, would more properly be considered in future discussions with opportunity for the Planning Board to gather input. Mr. Boye said the Planning Board realized that the boundaries of the nodes are the Council's decision but would recommend that they be left as they are for a period of five to ten years, then be reviewed and changes made if necessary. Councilmember Nordquist indicated that he had raised the issue of the drainage basin aspect of Lake Ballinger because he was concerned about the other jurisdictions that are part of that drain- age system. He said these jurisdictions must be held accountable since the source of the drain- age has an impact on the Lake. Racheal Martin, 7825 227th P1. S.W., having attended all of the Planning Board meetings on the Highway 99 study, asked the Council to link development of property on Highway 99 with the amount of frontage that property has. She said no one would take advantage of an unlimited height limit very soon. She also expressed concern about residential units being allowed on the third floor and believes retail and office space should be allowed on as many floors as needed. She said the limitation will affect her ability to sell her property. She thanked the Planning Board and Council for listening to her needs. Carol Chapman, 23321 75th Ave. W., said a hearing this important should have been held during the school year rather than the summer when people are on vacation. She thanked the Planning Board, the Planning Department staff and Reid Shockey for their work on a study that has achieved a good balance between the concerns of business and residents. She expressed confidence that the majori- ty of the Lake Ballinger area residents support the study. She asked that the 35 ft. height limit on the east side of Highway 99 be retained. One of her major concerns is contained on page 11, item 3, regarding business development, she asked who would determine a development is an unacceptable impact and what can be done about them when they do occur. Another concern regards payment for new utilities when commercial property is developed, she said. Regarding the elimina- tion of land for mobile home parks, she said this would affect all ages of society and is unfair in that the City would be limiting low income housing when they are trying to attract young fami- lies. Doug Rogers, 23627 74th Ave. W., as vice-president of Lake Ballinger Community Club, was present to represent that club. He said the drainage into Lake Ballinger is a critical problem and asked that the study carefully look at this fragile lake. He expressed concern that there might be last minute changes to this study without an opportunity for residents to give additional public input. He said he was encouraged to hear other members of the Council indicate that such changes EDMONDS CITY COUNCIL MINUTES Page 2 August 20, 1985 would not be supported. He said he was pleased to hear that 76th Ave. W. and 236th St. S.W. would not be affected, since there should be a reduction of;traffic once the new interchange on I-5 is completed. He said the document is good, the result of much hard work, and would support the study. Jim Chapman, 23321 75th Ave. W., echoed the comments of Mr. Boye regarding opposition to any nodes including the Doces property. He said the structure in existence is perfectly sound struc- turally and good architecturally and it would be senseless to tear it down to create a new office building. He pointed out that one of the purposes of the Highway 99 study was to upgrade the quality of businesses on the street and that would not be achieved in this location. In regard to the business versus residential aspect, he said his philosophy is that the City should rule in favor of the home owners since they are the greatest resource the City has, having made the big- gest investment of money in the purchase of homes and also the expenditure of leisure time in Edmonds. Doug Rogers, previously identified, said the mobile home parks do provide a place for the older and younger segments of the population to begin their property ownership. He said the parks themselves can be landscaped so they are attractive. He urged the Council to retain, not elimi- nate, these uses. Mayor Naughten closed the public hearing. He complimented Reid Shockey, the Planning Board and the staff for the success of the document before the Council. Councilmember Wilson echoed the Mayor's comments and suggested that the reason Ms. Chapman was unable to reach people to attend the hearing was because they were comfortable with the document. Councilmember Hall mentioned that the final vote on this issue would be taken on September 17. CONTINUED HEARING ON HEARING EXAMINER RECOMMENDATION TO VACATE THE WESTERLY 120' OF ALLEY LOCATED BETWEEN ALDER AND MAPLE STS. ADJACENT TO 317 5TH AVE. S. (RAINIER TRUST DIVISION/ST-5-85) Upon request from Councilmember Kasper, Community Services Director Peter Hahn said the assess- ment figures had been rechecked and an increase in value of approximately $6,000 was found. He said the applicant has indicated they are willing to pay this amount. Councilmember Dwyer comment- ed that Councilmember Kasper was right last week in asking for the latest assessment figures. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO ACCEPT THE STAFF RECOMMENDATIONS AND RAINIER TRUST'S OFFER TO PURCHASE THE PROPERTY. MOTION CARRIED. HEARING ON PROBLEMS AT OCEAN AVE. AND WATER ST. (REQUESTED BY RESIDENTS) Mayor Naughten said several letters and a petition had been received from residents that resulted in this hearing. He opened the public hearing. Wendell Ensey, 19115 Ocean Ave., representing the residents of Ocean Ave., said this was a small dead-end street, one block long, along the Edmonds waterfront, that is attracting people from miles away. He said the beach is private and the land between the beach and the street is owned by Burlington Northern RR (BNRR). He described the problems that have been occurring for more than three years and expressed appreciation for the assistance they have received from the Police Department. He said residents would like to have signs installed that indicate no -parking on the street. Asked if there had been a particular event or incident that had led to this, Mr. Ensey said the property owners, whose property was decorated with toilet tissue, have no -children at home and have made no more calls to the police than others in the neighborhood and he felt it was just a random choice. Mr. Ensey expressed frustration because cars are often parked for five to six hours on the street and indicated it is a worry because of the suicide that occurred last winter. In regard to the private beach, Mr. Ensey said he believed it was owned by someone in Kirkland. Kathy Ericksen, 19027 Ocean Ave., agreed with Mr. Ensey's comments. She said Mr. McDonald, a resident on the street, had asked that she report that his property has been set on fire twice. She thanked the City for closure of the street on July 4th, resulting in relief for the resi- dents. She said it is very dangerous for people to cross the tracks to reach the beach. She said everyone thinks it is a public beach, but there are so many problems with illegal activities that the residents believe the only solution is to post no parking signs and let people know it is not public. Chris Erickson, 19027 Ocean Ave., wished to mention two points not previously covered. He said the impact reaches beyond those six homes on Ocean Avenue to the property damage inflicted on property up the hill as well as north and south of the beach area at Ocean Avenue. Another point is the needless police expense in enforcing the law on this one short street. He said the no park- ing limitation will not affect the residents, since they have ample off-street parking. EDMONDS CITY COUNCIL MINUTES Page 3 August 20, 1985 Rosemary Shuman, 9110 188th St. S.W., has used this beach since 1977 and sees none of the prob- lems that are being described by residents. She said 99% of the time there is no car present other than hers. During the hottest days recently, she observed no more than two other cars and very few people on the beach. She said people living in Edmonds love the beaches and have a right to share those beaches. She accused the residents of attempting to close the beach to everyone but themselves. She indicated that when the police do come and speak to her, they are apologetic about having to do so. Since there was no one else wishing to speak, Mayor Naughten closed the public hearing. Councilmember Hall asked if the street had not been widened when it was regraveled. City Engi- neer Jim Adams replied affirmatively. Councilmember Hall suggested that the vegetation be al- lowed to grow back and the gravel be swept back into the street, narrowing the street, and then parking be limited. She expressed concern about eliminating parking on the street. She agreed there are signs that are confusing. In addition, she suggested lowering the speed limit. She said there is also a trash can there, which may be inviting visitors to the beach. Councilmember Jaech asked if this street parallels the water, is in fact a dead-end street and is not an access to the water. Mr. Adams replied affirmatively. In light of the problems that are existing on this street, Councilmember Jaech said the residents' request is reasonable and be- lieves the no parking signs should be tried during the summer. She said these residents have indicated they have adequate parking and would have no need for guests to park on the street. In response to a request from Councilmember Wilson, Assistant Police Chief Robin Hickok said the beach does not present as many problems as Sunset Ave. However, the problems mentioned this evening have occurred. He said the street is very short and lowering the speed limit would not have any impact. He said the majority of the people the police encounter on Ocean Avenue are enjoying the street; the problems are caused by about 10% of those using the beach. In regard to limitation of the parking, he said there are not that many people there as a rule and elimination of parking would not have a great effect. He suggested a posting by the owner that the beach is private property would allow the police to charge for trespassing. A suggestion from Councilmem- ber Jaech regarding fencing of the area by BNRR, resulted in Asst. Chief Hickok observing that a fence could cause problems with emergency response. Councilmember Ostrom said he is a neighbor of the Ocean Avenue residents and can identify with their problems because he encountered problems when he moved there. He said people insist that private property is public and use it as such and he does not believe signs will make a differ- ence. Stopping the parking, he said, would be a simple solution. Asst. Chief Hickok said post- ing no trespass signs, even if they are torn down, enables the police to charge people with tres- pass. Councilmember Ostrom said the problem is allowing parking, which in turn enables people to do the types of things described this evening creating a nuisance in a residential area. City Attorney Scott Snyder clarified that criminal trespass requires that the person act knowingly, the reason for posting signs. Another alternative that might be considered, he said, would be to make the area a tow -away zone. City Clerk Jackie Parrett noted that the residents of"Ocean Avenue, by ordinance, are entitled to residential parking permits for use during the hours parking is restricted. She suggested that this be considered by the Council when a decision is made. COUNCILMEMBER OSTRO14 MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER JAECH, TO MAKE -THE WEST SIDE OF OCEAN AVENUE A NO PARKING ZONE AND ANY CARS PARKED THERE WILL BE TOWED AWAY. Councilmember Hall said people are ignoring the no parking signs that are there now. Councilmember Kasper indicated he would vote against the motion because he believes all view points are public property and should be used, especially by the elderly. He said there was a similar situation on Sunset Ave. until the City made the efforts to solve the problems. He said this should be referred to Committees, Community Services and Public Safety, and a solution be worked out. Councilmember Wilson agreed that the question should be discussed in Committee to find a solution that will alleviate the problems for the residents of the street but allow the rest of the community to use the beach; therefore, he will have to vote against the motion. Councilmember Dwyer agreed that the problem must be worked; however, he said an interim solution must be found. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO AMEND THE MOTION TO MAKE THE WEST SIDE OF OCEAN AVENUE NO PARKING AREA UNTIL JANUARY 1, 1986; SEND THE ISSUE TO THE PUBLIC SAFETY COMMITTEE, TO HAVE A REPORT WITH RECOMMENDATIONS PRIOR TO DECEMBER 1, 1985; AND DELETE THE TOW -AWAY PROVISION IN THE ORIGINAL MOTION. Councilmember Wilson asked that neighbor- hood input be obtained during formulation of the recommendations. Councilmember Hall agreed that citizen input should be obtained as was done on Sunset Ave. Councilmember Jaech asked why a date was being inserted rather than leaving the parking until something else is decided. Councilmem- ber Dwyer said that would put pressure on the Council to find a solution. Councilmember Ostrom also objected to the date limitation on the amendment. He said he has little faith the Council EDMONDS CITY COUNCIL MINUTES Page 4 August 20, 1985 will find a solution by January 1. As Chairman of the Public Safety Committee, Councilmember Wilson guaranteed that the Committee would have recommendations for the Council by January 1. Mr. Snyder said a no parking zone must be accomplished by ordinance and the earliest that this could be addressed would be September 3, with the new initiative and referendum powers, there would be another 30 days before it could become effective; therefore, it could not be effective until October 3. Councilmember Dwyer explained that his intention would be to vote for no parking on a permanent basis if no better solution is found by December. He wishes to provide relief for the residents and at the same time address the problem in an attempt to find a better solution. Councilmember Hall said the date provides a target and expressed concern that out of town visitors might have their car towed during a visit to Edmonds. AMENDMENT TO MOTION CARRIED WITH COUNCILMEMBERS JAECH AND OSTROM VOTING NO. MAIN MOTION CARRIED WITH COUNCILMEMBER KASPER VOTING NO. HEARING ON APPEAL OF PLANNING BOARD DENIAL OF PROPOSED REZONE FROM RS-12 TO RS-8 FOR AREA SOUTH OF CASPERS ST., WEST OF 9TH AVE. N., AND EAST OF 7TH AVE. N. (APPELLANT: WILLIAM KASPER) (R-2-85 A & B) Mr. Snyder said Councilmember Kasper is the appellant in this matter and has withdrawn from partic- ipation in the discussion and deliberation of this item. Councilmember Hall stated that she is a member of one of the churches mentioned in the rezone and has served on the Administrative Board in the past; she no longer serves on that Board and said she would also leave the room if anyone has a problem with that association. Mr. Snyder said if any person present this evening objects to Councilmember Hall's presence during the decision making process, they should state that at this time. There was no objection. Community Services Director Peter Hahn indicated the location of the proposed rezones on maps shown to the Council. He also reviewed the chronology of the rezone requests. In response to a question from Councilmember Dwyer, Planning Manager Mary Lou Block said the staff had recommended to the Planning Board that, if the original zone were considered, that a slightly larger area be designated to avoid the creation of irregular boundaries. She said this is not an attempt to avoid spot rezoning, adding that spot rezoning does not have the stigma it had in the past. Mr. Snyder said the Planning Board had initiated the B rezone in an attempt to hear a broader re- sponse regarding the whole area. Mayor Naughten opened the public hearing. Doug Hartwick, 3000 First Interstate Building, Seattle, representing appellant William Kasper, said he had reviewed the matter. He referred to portions of Section C in the original staff report dated June 12, 1985, commenting .on them: 1. Paragraph 1, he commented that RS8000 is low density housing. He said zoning regulates devel- opment but is not to take away the right of an owner to develop property to the highest and best use, given the zoning constraints. When there is a zoning change as slight as this, he said, the lots will be a little smaller. 2. Paragraph 3, Mr. Hartwick said emphasis must be placed on the institutional change that has taken place, having a direct effect on the use of properties in the rezone. He said Mr. Kasper endorses the modified rezone recommendation of the original staff report. Since the area was annexed 20 years ago as RS12000, he said there has been steady erosion of that zoning with chang- es for the school and the Methodist Church, permitted uses in R zoning, but impacting the residen- tial character of the area. He said the Kasper ownership under RS12 zoning would be ten lots, if .developed, with seven lots losing any view after installation of the Catholic school gymnasium. On the other hand, the building of the school has enhanced the area for residential use in connec- tion with the school. He noted that allowing the rezone would increase development of the Kasper property to 13 or 14 lots, from three to four lots on the Kingma property, and the other two properties would increase one lot each. He said this would not be a drastic change, but it would be significant in relation to families that wish to use the .school facilities. He said the area north of Aloha St. was rezoned from RS12 to RS8 in 1972 because there were so many nonconforming lots within that 10 acre tract. He said the last development in that area was seven homes that are selling between $140,000 and $160,000 on an RS8 lot. When Aloha St. was widened, he said the City took out a home to be located on the southeast corner of the tract on a substandard lot. 3. Paragraph 4, he said the main recess to the residential developable area would be via Aloha St. off 7th Ave., a 50 ft. street with curbs and gutters. The utilities are also adequate to serve the RS8 as well as the RS12 zoning, he said. Mr. Hartwick said the sewers had cost Mr. Kingma $60,000; allowing him to subdivide four lots rather than three would spread the cost more fairly. Mr. Hartwick asked that a statement from William Kasper, entitled Proposal to Solve the R-2-85 A & B Rezones be admitted as an exhibit. He asked if the Council had the complete record of the EDMONDS CITY COUNCIL MINUTES Page 5 August 20, 1985 prior hearings and the staff recommendation to which he had referred. Mr. Snyder said the min- utes from the Planning Board were before the Council, but are not a verbatim record. He said this is a de novo hearing and anything not included in the record before the Council would not be before the Council, technically. Councilmember Nordquist asked if Mr. Hartwick were speaking as a partner, friend or attorney for Mr. Kasper. Mr. Hartwick replied that he was speaking as a hired attorney but has also been a personal friend for several years. He said he is not involved financially in this or any other property.or investment with Mr. Kasper. Don Schroeder, 528 8th Ave. N., said the Planning Department might not have found any harmful effects in the rezone, but they could not find any beneficial effects to the neighborhood or the City. He said some'of the Kingma property would have to be dedicated as a road and that would leave enough for only two homes, not the four that a developer would like to build. He said the original request then went to the Planning Board and his property and others were included by them, but he sees no benefit to anyone other than the original property owners. He said he would prefer to leave the zoning at RS12. He said a petition was signed by many people in the area that are opposed to this change. Jeff Ames, 647 9th Ave. N., opposes the rezone request. His research indicates that the price of a new home, with even a partial view, is in the $140,000 range whether in RS8 or RS12 zoning. In speaking with residents in the neighborhood, he found 90% of them opposed to the rezone because RS12000 fits the low density image that is important in Edmonds. Trina Ames, 647 9th Ave. N., presented a petition opposing the proposed rezone from RS12000 to RS8000 because it would increase the population density, traffic, storm runoff and noise. The petition stated that the present zoning protects and treats fairly the residents of Edmonds and the rezone would not benefit Edmonds in any way. Ms. Ames said the petition was signed by 139 residents in or near the area of the proposed rezone. She said the rezone would enable Mr. Kas- per to make more money but would have no benefit for the community. Ross Wood, 24223 Timber Lane, Woodway, a member of Holy Rosary Parish, the Finance Committee and Chairman of the Long Range Planning Committee, was present to indicate that the Catholic Church has no objection to the rezone. They see no impact on the area as a result of approving the proposal. Bonnie Ackerman, 627 7th Ave. N., moved to the area from Seattle in November because of the present zoning. Since she was not home to sign the petition when it .was circulated, she wished to express her opposition to the rezone. Robert Burroughs, 732 Aloha St., said Edmonds is an open area because of the lower density. In looking at other overdeveloped areas, he said RS12000 is a much more desirable density. He said there is already an encroachment in town of apartment buildings and multiple dwellings and asked where the erosion will stop. He said, if Edmonds is concerned about young families moving into the community for school purposes., why is there no elementary school in town. He asked why the City Council has not objected to such closures. He said many people have their children in pri- vate schools because of these closures. Mr. Burroughs said the cost of utilities for development should not be the neighbors' responsibility but the developers and questioned whether higher and best use really means more density or a better place to live. He asked that Edmonds look at its assets, not the amount of money that can be made. Mayor Naughten commented that many on the Coun- cil protested long and loud when the School Board announced their intention to close the schools, but the protests fell on deaf ears. The Mayor expressed hope that those present this evening and connected with the School Board would listen to these comments. Mr. Snyder read the statement from Mr. Kasper, Proposal to Solve the R-2-85 A&B. The statement commented that a compromise be considered by the City Council to rezone the area south of the northerly boundary of Aloha St. projected east to 9th Ave. N., the original staff recommenda- tion. The statement went on to say that this would provide a definite line, permitting develop- ment of the Kasper and Kingma properties without affecting anyone except Schroeder and Wilgamot. The compromise would change the Kasper property from a 10 lot maximum to a 12-13 lot maximum and the Kingma property from a 3 to a 4 lot maximum. Trina Ames, previously identified, said their property would also be affected and is not men- tioned in the statement just read. Mr. Hartwick, previously identified, said it is often the case in a .rezone that neighbors would like to have the property remain in larger lots. However, he said the City attempts to get be- yond the emotional impacts of rezones by using the criteria set forth in the Code. He noted that the Council is bound to measure the request by that criteria. Mr. Hartwick said the property owner has the right to develop their property to the highest use that is compatible with surround- ing properties. He cautioned that a zoning should not be defeated because it is not wanted or is EDMONDS CITY COUNCIL MINUTES Page 6 August 20, 1985 unpopular but should be defeated if it does impact or depreciate other properties. He said no speaker has indicated that there would be an adverse impact measured by the criteria of the code. Mayor Naughten closed the public hearing. Councilmember Hall asked a staff member to outline the proposed compromise from Mr. Kasper. Ms. Block did so. Councilmember Hall asked if the easement on Aloha would be included. Ms. Block said it would be the northern boundary of Aloha St. and the easement in question is already zoned RS8. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO REOPEN THE PUBLIC HEARING TO ALLOW COUNCILMEMBER OSTROM TO QUESTION MR. HARTWICK. MOTION CARRIED. For the record, Mr. Snyder observed that no one had left the room since the hearing was closed. Councilmember Ostrom asked what the compromise would be since this is the original request. Mr. Hahn interjected that the compromise is neither the first nor the last request but the boundaries recommended by the staff. Mr. Hartwick said Mr. Kasper applied for his own property originally, as did Mr. Kingma. In reviewing the requests, he said the staff recommended enlarging the bounda- ries to make them more regular. He said the compromise is a reduction of the Planning Board recommended boundaries to those recommended by the staff. Ms. Block outlined the boundaries on the map. Councilmember Ostrom commented that this is not a compromise, perhaps it is a new propos- al. Mayor Naughten closed the public hearing. Councilmember Dwyer asked if the Council may initiate a rezone request and whether the compromise is proper before the Council. Mr. Snyder explained that there are two rezones before the Council that must be addressed separately. He said the area of a rezone could not be expanded without readvertising a hearing; however, since one area is much larger, it could be contracted without readvertising. In.order to act upon the compromise from Mr. Kasper, he said the Council would have to amend R-2-85B and act upon that. Councilmember Hall raised the question of Aloha St. being included in the compromise from Mr. Kasper. Mr. Snyder said everything but the street right-of-way of Aloha St. could be includedbut it would be redundant since it is in public use and nothing would be built in the street right-of-- way. In reviewing the staff report, Councilmember Ostrom was bothered by comments on page three, item six, because the question is not answered. He referred to Chapter 20.040.010 of the Community Development Code in which the point is the relative gain. Referring to this particular issue, he said the key criteria on rezones, would be 20.40.010C, surrounding area. He said a change of zoning would conflict with the zoning in the surrounding area and the appeal would fail on that ground. Councilmember Ostrom said there have not been any changes in recent years to justify the rezone. He said the findings of the Planning Board regarding R-2-85A addresses the items very well. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER JAECH, TO UPHOLD THE DENIAL OF RE- ZONE R-2-85A AS DECIDED BY THE PLANNING BOARD. Councilmember Jaech said she had noticed several, of the items addressed by Councilmember Ostrom, as well as a statement by the staff on page two of their recommendations to the Planning Board regarding no conflict with Policy Plan Map in regard to low density. She does not consider a change from RS12000 to RS8000 as being in keeping with the intent of low density. Councilmember Jaech also said the proposed rezone. area is sur- rounded with RS12 and there is a small RS8 portion at one corner. She also called attention to criteria contained in Chapter 15 of the Community Development Code calling for protection of the character and socio economic development of residential areas; saying the proposed rezone would not protect but would destroy it. Councilmember Dwyer indicated that he would vote in favor of the motion for all of the reasons mentioned by Councilmember Ostrom and because adoption of this rezone would cause an irregular configuration, conflicting with the Comprehensive Plan and the Zoning Code. MOTION CARRIED. Mr. Snyder asked for instruction to prepare written findings of fact and conclusions of law for presentation to the Mayor for signature. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL TO SO INSTRUCT THE ATTORNEY. MOTION CARRIED. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER HALL, BASED ON THE SAME CRITERIA, TO UPHOLD THE PLANNING BOARD DECISION ON R-2-85B. MOTION CARRIED. Councilmember Dwyer indicated that the additional reason he presented for R-2-85A does not apply to R-2-858. PROPOSED ORDINANCE AMENDING 1985 BUDGET AS RESULT OF UNANTICIPATED REVENUES, TRANSFERS, AND EXP£N- DITURES OF VARIOUS FUNDS Mayor Naughten asked if there were any public comment on the budget transfers. There was no comment from the audience. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER JAECH, TO AP- PROVE ORDINANCE 2517. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 7 August 20, 1985 Councilmember Kasper returned to the dais at this point. REPORT FROM CITY ENGINEER RE TRAFFIC CHANNELIZATION AT WESTGATE INTERSECTION City Engineer Jim Adams displayed transparencies of the channelizations at this intersection. The study was done at the request of the Council, he said, revealing problems in the area. The staff recommends that the east leg of the intersection channelization be shortened to allow west- bound traffic to enter the easterly driveway of the Midori Restaurant and make this a one-way driveway. The one-way drive will prohibit vehicles exiting from this drive and will eliminate any left turns across traffic. The north and south legs of the intersection are operating well. He said another problem was found at the west leg and the staff recommends modification of the channelization to allow traffic to exit westbound from the Westway Center. Because references were made to Metro buses at the eastern leg, Councilmember Jaech explained that the yellow and white buses operating in Snohomish County are CT buses on contract from Metro. Councilmember Ostrom said the left turn on the eastern leg is not a good idea and would like to have this evaluated. Councilmember Nordquist said he and Mr. Adams had looked at the area one morning, he believes the one-way drive will work to eliminate some of the problems with left turns. Since there were no objections from the Council, Mayor Naughten said the Engineering staff will design and lay out the proposed modification and supervise the construction of the changes. Asked about the cost, Mr. Adams replied that the changes on the east leg will be done by Ivar's and the west leg will cost $200 of staff labor. DISCUSSION OF MAYOR'S 1985 SALARY ADJUSTMENT Council President Nordquist said that at the time of prior discussion of this matter the Council had indicated they would be willing to consider this near budget time. He said the payroll histo- ry of the previous administration was before the Council. He recommended an increase of 4% effec- tive September 1, 1985, and adjustment of $520, which would come from the Mayor's budget. He also recommended that all future salary adjustments for the Mayor be the same as given to the exempt personnel on January 1st of each year. Councilmember Jaech mentioned that there have been no increases for almost two years. Councilmember Hall said she appreciated the figures but does not feel they are relevant to the present situation. She had spearheaded the move for a full time mayor position and had wanted to set the salary higher at that time. She would like to see comparisons of Mayor's salaries in surrounding cities, since this may not be enough. She proposed that this be presented to the Council in the near future. Councilmember Ostrom said the proposal is good, that the subject has come up several times and every time someone comes up with a reason why it cannot be done. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER JAECH, TO INCREASE THE MAYOR'S SALARY BY 4% EFFECTIVE SEPTEMBER 1. Councilmember Kasper said this is premature; it is a new position and with the reorganization and the addition of a Community Services Director, the present salary may be too high. Council Presi- dent Nordquist said he would be glad to bring the comparisons back. Councilmember-Hall said she is sure the salary is on the low side and the Council should look at this. COUNCILMEMBER JAECH WITHDREW HER SECOND AND COUNCILMEMBER OSTROM WITHDREW HIS MOTION. Since it was 10:00 p.m., COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO EXTEND THE * MEETING TO 10:45 P.M. MOTION FAILED WITH COUNCILMEMBERS HALL AND JAECH VOTING YES. The meeting adjourned at 10:05 p.m. and the announced Executive Session was not held. *See September 3, 1985 Minutes. CQ LINE G. PARRETT, City Clerk LAR Y S. 11MUGHTEN, Ma or EDMONDS CITY COUNCIL MINUTES Page 8 August 20, 1985