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19770913 City Council MinutesSeptember 6, 1977 (Cont.) 12 • Mr. Wallis said this would apply only to units built after 1964 and before 1975, and he explained that there is now a covenant provision which is required as -a condition of issuing,a building permit which states the number of units to be permitted on the site, and that.becomes a part of the title. Mr. Wallis stated that this would not include illegal units in RS dwellings. He said this would cause no significant negative environmental impact. He pointed out that the applicant would have to demonstrate to the Board of Adjustment that he was an innocent purchaser of the nonconforming unit and that he did not create it, and also that he has made'a bona fide attempt to eliminate the nonconforming unit by acquiring sufficient contiguous real property to meet the density requirements. Only after demonstrating these to the Board of Adjustment would that Board grant a Nonconforming Unit Permit. There was some question as to whether the penalty provision for violation of the proposal might be too strong. City Attorney John Wallace felt it was not too strong and commented that when an illegal unit is discovered, ample opportunity.to abate is given and it is only when they do not abate that criminal charges are filed. He said they are pre -advised that charges will be filed if they do not abate within a certain period of time, and they are advised of what the penalties are. Joe Wallis was in agreement that the penalty provision was not too strong. The public portion of.the hearing was opened, no one wished to speak, and the public portion was closed. MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN HERB, .TO ADOPT ORDINANCE 1946, PURSUANT TO P.C. RESOLUTION 563. MOTION CARRIED. HEARING ON.P.C. RESOLUTION 566, RECOMMENDING APPROVAL OF PROPOSED AMENDMENT TO SECTIONS 12.12.050 AND 12.13.110 OF ZONING CODE TO ALLOW DETACHED DWELLING UNITS ON MULTIPLE RESIDENTIAL DWELLING SITES (FILE ZO-7-77) (8:35 p.m.) Community Development Director Joe Wallis explained that this proposal would update the Code to allow a builder to develop a multiple family building in conjunction with a single family unit already on the site without having to attach the structures. At the present time the Code permits a single family dwelling unit on an RM lot, but it must have a separate 69000 sq.-ft. area and all required setbacks must be met. If a complex of apartments is constructed on the same lot, the two structures must be connected, or the property must be subdivided and treated as two lots. Mr. Wallis commented that sometimes the joining of • a period residence to a contemporary apartment building results in awkward architectural solutions. Mr. Wallis said the proposal would not cause any.significant negative environmental impacts, and he recommended approval. The public portion of the hearing was opened, no one wished to speak, and the MOTION: public portion was closed. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, TO ADOPT ORDINANCE 1947, PERMITTING DETACHED DWELLING UNITS ON MULTIPLE RESIDENTIAL DWELLING SITES. MOTION CARRIED. FINAL APPROVAL "BROOKACRES" PRD (8:44 p.m.) Public Works Director Leif Larson reported that the developer had not yet met all the requirements for MOTION: final approval of this proposed PRD, and he recommended postponement to a future date. COUNCILMAN CARNS MOVED, SECONDED BY.000NCILMAN NORDQUIST, THAT FINAL APPROVAL OF THE "BROOKACRES" PRD BE CONTINUED TO OCTOBER 45 1977. MOTION CARRIED. REPORT ON BIDS OPENED AUGUST 25 FOR LIBRARY CARD CATALOG (8:45 p.m.) Edmonds' Librarian, Kathy Turner; had submitted a report on the bids received: Alternative I, yielding $537 and Alternative II, yielding $500. After discussion, it was agreed that Alternative II, although yielding a lesser amount, probably would be the more profitable of the two as Alternative I involved several bidders for different sections of the card catalog and there were no bid bonds involved, so MOTION: there was no assurance that each bidder would accept only the portions awarded him. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN CARNS, THAT THE BID OF THE NORTHSHORE SCHOOL DISTRICT IN THE AMOUNT OF $500 FOR THE TOTAL 90-DRAWER CATALOG BE ACCEPTED. MOTION CARRIED. There was no further business to come before the.Council, and the meeting was adjourned at 8:47 p.m. • IRENE VARNEY MORAN, C' y Clerk September 13, 1977 The regular meeting of the Edmonds City Council was called to order at 7:38 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Harve Harrison, Mayor Ray Gould Leif Larson, Public Works Director Max Gellert Phil Clement Joe Wallis, Community Development Director John Nordquist Jack Cooper, Fire Chief Robert Anderson Mary Lou Block, Planning Technician Tom Carns Irene Varney Moran, City Clerk Mike Herb Jim Murphy, City Attorney Wayne Tanaka, City Attorney Douglas Albright, Deputy City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GELLERT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The Consent Agenda contained the following: (A) Roll call. (B) Approval of Minutes of September 6, 1977. i,22.- September 13, 1977 (Cont.) COUNCIL • Councilman Nordquist announced that the per capita figure to the Health District would remain the same for 1978, $1.10. MAYOR Mayor Harrison asked Public.Works. Director Leif Larson to report on the bids opened September 8 on the resurfacing of 75th and 78th Streets and on FAM projects. Mr. Larson reported that considerable time had elapsed between the time the FAM projects were estimated and the time they went out for bid, so the bids .had come in somewhat higher than estimated. Project One had included asphalt concrete overlay on 75th West from 230th Street S.W. to 236th Street S.W. and the low bidder was Knowles Construction Company in the amount. of $17,896.00. Project Two had included storm sewers and asphalt overlay, widening and walkways on 5th Avenue, 212th Street S.W., 88th Avenue West, and Olympic View Dr., and the low bidder was Associated Sand & Gravel Company in the amount of $258,415.60, both figures not including Washington State sales tax. Mr. Larson recommended that contracts be awarded to the low bidders and that Funds 112 and 110 be modified to reflect additional revenues and transfers as MOTION: indicated in his written report. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN NORDQUIST, TO AUTHORIZE THE AWARD OF CONTRACTS TO KNOWLES CONSTRUCTION COMPANY IN THE AMOUNT OF $17,896.00 FOR PROJECT ONE, AND TO ASSOCIATED SAND & GRAVEL COMPANY IN THE AMOUNT OF $258,415.60 FOR PROJECT TWO, EXCLUDING WASHINGTON STATE SALES TAX: AND THAT FUNDS 112 AND 110 BE MODIFIED TO REFLECT ADDITIONAL REVENUES AS INDICATED BY THE DIRECTOR OF PUBLIC WORKS. MOTION CARRIED. Mayor Harrison announced the quarterly.meeting of the Association of Snohomish County Cities & Towns would.be on September 22,.at 6:30 p.m., at the Ballinger Golf Course Clubhouse. The speaker will be W. G: Hulbert, Jr., Manager, Snohomish County PUD No. 1, and the topics will be Energy Problems and PUD's Underground Wiring Policy. Several.Councilmen indicated they would attend, as well as the Public Works Director. Mayor Harrison had a letter from City Attorney Wayne Tanaka regarding the City of Edmonds vs. Christie • Hordyk. Ms. Hordyk had run her Volkswagen into a Fire Department Aid Car in December 1973, when the Aid Car was responding to an emergency. The City subsequently filed suit against Ms. Hordyk and was awarded a judgment of $20,211.75. Ms. Hordyk is now in California and City Attorney Wayne Tanaka asked that the City Attorney's Office be authorized to retain a local attorney in California to have the judgment registered in California and then attempt to collect it. Mr. Tanaka said their infor- mation was that Ms. Hordyk was employed full time, but she may be employed at a low paying job. After MOTION: some discussion, A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN ANDERSON, THAT THE CITY ATTORNEY BE AUTHORIZED TO ARRANGE FOR COUNSEL IN CALIFORNIA WITH UP TO A 50% CONTINGENT FEE, UNLESS SOMEONE WILL TAKE IT FOR A SMALLER PERCENTAGE. Councilman Carns said he felt it would be better to turn it over to a collection agency, so he would vote against the motion. It was explained that an attorney would still have to register the judgment and that an agency would probably just turn it over to its attorney. THE MOTION THEN CARRIED, WITH COUNCILMAN CARNS VOTING NO. The City had received a request from Ray Buckley of the Department of Fisheries for Council approval of the relocation of the service building for the proposed fishing pier. This is in an effort to reduce the cost of the pier, as estimates had come in much higher than anticipated. Community Development Director Joe Wallis said the new location would be on the landward side of the present bulkhead. Mr. Wallis said the relocation would not alter the City's agreement for the maintenance and operation of the pier; including police and fire protection. Jim Walton was present for the Department of Fisheries and he commented that the insurance required to cover people working over water was very expensive and by moving the service building to land, one of the high expenses would be lowered. It was generally agreed that the construction costs appeared excessive, but.that was not the question to MOTION: be addressed by the Council. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN HERB, THAT THE NECESSARY STEPS BE TAKEN TO INFORM THE DEPARTMENT OF FISHERIES THAT THE CITY OF EDMONDS WOULD BE IN AGREEMENT WITH MOVING THE SERVICE BUILDING FOR THE PROPOSED FISHING PIER TO THE LANDWARD SIDE BEHIND THE OLD POINTER-WILLAMETTE BUILDING. MOTION CARRIED. Councilman Gellert noted that five parking spaces would be lost and that it should be communicated to the Port that this in no way would cause any in- creased obligation on the part of the City to provide more parking. Mr. Wallis said this had been discussed at the meeting held September 8 and the Port would make no such request. • REVIEW OF.ARBITRATION PROCEDURE Deputy City Attorney Douglas Albright.had submitted a redraft of the Agreement with the International Association of Fire Fighters and he reviewed for the Council the arbitration procedure. After a review of the process, it was agreed the redraft should be discussed in Executive Session, and Mayor Harrison announced an Executive Session immediately following this meeting. REVIEW AND AUTHORIZATION OF RESOLUTION OF COMMENDATION FOR SPECIAL AMENITIES DESIGN BOARD PROJECTS Planning Technician Mary Lou Block explained that the Amenities Design Board had reviewed many projects and came up with six which they determined should be given an Award of Excellence from the City Council. In addition, there will be ten recipients of Certificates of Merit from the Amenities Design Board. She said an effort is being made to encourage people to do something extra with their projects by presenting awards to some who have gone beyond requirements. She showed slides of the projects which MOTION: will be getting the Awards of Excellence from the City Council. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE THE AWARDS AS RECOMMENDED. MOTION CARRIED. There was some discussion about the Amenities Design Board. Councilman Herb, who in the past generally was not in.favor of the functions of the Amenities Design Board, said he felt the present personnel on the Board are being very reasonable and are encouraging voluntary compliance. He said in the past, he had many people tell him they felt intimidated by the Board, but he presently had no complaints about the Board. RECOMMENDATIONS FROM STAFF AND AMENITIES DESIGN BOARD ON IMPROVING DESIGN REVIEW PROCESS Planning Technician Mary Lou Block said they had implemented a number of suggestions she had brought back from the seminar she had attended at Walnut Creek, California. Rather than discuss them at length before -implementation, they had decided to try them and improve on them as they were used. n U September 13, 1977 (Cont.) 1 C� One of the items implemented was a Consent Agenda, which had r.eceived enthusiastic response. Another item is a project evaluation checklist-, and Mrs. Block displayed that. Councilman Gellert.commented that the checklist could be beneficial in determining design.awards. Mrs. Block added that at the last meeting the Board had sat at the rostrum, rather than,around the conference table, and exhibits were shown on an easel and slides and transparencies were displayed. This resulted in a more graphic meeting and the audience was more aware of what was being discussed. They plan to continue conducting the meetings in,this way as everyone was very satisfied with the results. Councilman Carns said that he was proud of the job the Amenities Design Board is doing and he felt it was areal: enhancement to the City. There was no further business to come before the Council, and the meeting was adjourned at 9:30 p.m. J,�U IRENE VARNEY MORAN, ity Clerk H. H. HARRISON, September 20, 1977 r- The regular meeting of the Edmonds City Council was called to order at 7:40 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Harve Harrison, Mayor Phil Clement Leif Larson, Public Works -Director Ray Gould Max Gellert Joe Wallis, Community Development Dir. John Nordquist Marlo.Foster, Police Chief - Robert Anderson Irene Varney Moran, City Clerk. Tom Carns Jim Murphy, City Attorney Mike Herb Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA Councilman Gould asked that Item 1(D), Acknowledgement of Receipt of Claims for Damages, be removed,from OTION:the Consent Agenda. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The balance'of the Consent. Agenda contained the. following: (A) Roll call. (B) Approval of Minutes of September .13, 1977. (C) Approval of amended Animal Control Ordinance`1944. . (E) Setting date of October 4, 1977, for hearing of P.C. Resolution 568, recommending approval of proposed amendment to Official Street Map and Zoning Map to add annexed area near 180th S.W., between 76th and 72nd. (File AZ-3-77 and ST-10-77) ACKNOWLEDGEMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM ROD GARRETSON AND FROM RUSSELL A. BRINE '(Item (D) • on Consent Agenda) Councilman Gould inquired about the Russell A. Brine claim involving an exposure to chlorine gas at the Yost Park swimming pool. He asked if there was a malfunction with the system. Councilman Anderson said a pool employee had turned a valve and it was not hooked up to the tank and an employee and Russell Brine were sprayed.;: This incident went before the Safety Committee to assure a proper procedure in the future. MOTION: A MOTION.WAS MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE ITEM (D) ON,THE CONSENT AGENDA. MOTION CARRIED. COUNCIL Councilman.Gould reported he had a communication from the State Highway Department indicating a bid opening was scheduled for September 28 to bring the walk-on parking lot for the ferry terminal to its ultimate form. There will be 76 parking spaces for ferry patrons.' Councilman Nordquist reported than.an Executive.Session was bei.ng called folllwing this evening's meet- ing as Councilman Anderson and he had an item to discuss which could be a part of the labor negotiations. Councilman Nordquist also asked whether the fire insurance coverage had been increased for the Senior Center since the improvements have been made. Public Works Director Leif Larson re sponded that at this stage the responsibility is still with the contractor, but before the City accepts the completed work it will be checked. Councilman Nordquist noted that this should be included in the budget. He also inquired about a change in the parking lot plan for the Senior Center. Mr. Larson said there was a more detailed landscaping plan, but he was not sure whether the actual parking plan was being changed. HEARING ON PRELIMINARY ASSESSMENT ROLL, RESOLUTION OF INTENTION 249, FOR STREET IMPROVEMENTS ON 218TH S.W. EAST OF 76TH AVENUE WEST Public Works Director Leif Larson reviewed the background of this L�I.D. He said the area to the north. and south is zoned Multiple and to the east it is zoned Commercial.' He said .recent developments on the street had caused the look at utilities and future use of the street.. He said this is' a deadend'street 0 and the present surface is an oilcoat surface in not too good condition. There are no storm sewers.