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19780815 City Council Minutes2 60' August 15, 1978 • The regular meeting of the Edmonds City Council was called to order at 7:35 p.m. by Mayor Harve Har- rison 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 Charles Dibble, M.A.A. Mike Herb Leif Larson, Public Works Director Katherine Allen John LaTourelle, Community Devel. Dir. John Nordquist Mary Lou Block, Asst. City Planner Ray Gould Art Housler, Finance Director -- Tom Carns Mar.lo Foster, Police Chief Larry Naughten Jack Cooper, Fire Chief Lila Crosby, Administrative Services Dir. Fred Herzberg, City Engineer John Wallace, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA Items (C), (E) AND (I) were removed from the Consent Agenda. Item (H) was rescheduled for next week's meeting (Proposed Ordinance Amending Environmentally Sensitive Areas Map and Comprehensive Policy Plan) at the request of the Staff. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO APPROVE MOTION: 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 August 8, 1978. • (D) Acknowledgment of receipt of Claims for Damages from Brad Sather, 931 Puget Way, Edmonds, in the amount of $284.85 plus grievance loss; and from Tom Nehls, 8812 Shell P1., Edmonds, in an unstated•_amount. (F) Passage of Resolution 411, transferring funds from Council Contingency to General Fund for publicizing Council agendas, membership in South Snohomish County Chamber of Commerce, and Council/Staff Workshop expenses. (G) Adoption of Ordinance 2012.to amend Zoning Code re In-Liew Parking Requirements in Downtown Business Area. (J) Set date of August 22, 1978 for hearing of proposed ordinance to prohibit parking on both sides of 76th Ave. W. from 242nd to 244th. ACCEPTANCE OF COMPLETED FAM STORM SEWER AND ASPHALT OVERLAY PROJECTS BY ASSOCIATED SAND AND GRAVEL, AND ESTABLISH 30-DAY RETAINAGE PERIOD [Item (C) on Consent Agenda] Councilman Naughten asked for an explanation of this action. Public Works Director Leif Larson explained that the project is accepted with the legal requirement to establish a 30-day period for submission of claims by subcontractors or suppliers,.and•at the same time there are certain reports that must be MOTION: made to the State. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN,'TO APPROVE ITEM (C) ON THE CONSENT AGENDA. MOTION CARRIED. DESIGN AUTHORIZATION FOR STRAAM ENGINEERS, INC., FOR THE 1978 STREET OVERLAY PROJECT AND AUTHORIZATION FOR BID OPENING SEPTEMBER 21, 1978 [Item (E) on Consent Agenda] The memorandum from the Public Works Director had indicated that their usual engineering services consultant was unable to do this work in a tight time frame and Councilman Carns said he had spoken with Jim Reid and mentioned this, and it appeared that they could have done the work but through a. • mixup at their office it came across that they could not. Councilman Carns just wanted to assure the Council and Staff that Reid, Middleton was available to the City, but because of the current time frame he felt it was in the best interests of the City to proceed as the Public Works Director MOTION: recommended. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE ITEM (E) ON THE CONSENT AGENDA. MOTION CARRIED. PROPOSED. ORDINANCE AMENDING ORDINANCE 1964 (1978 BUDGET), AUTHORIZING AN INCREASE IN REVENUES AND APPROPRIATIONS OF THE GENERAL FUND 001 AND THE CAPITAL IMPROVEMENTS FUNDS 325, AND TO ESTABLISH A COSTAL ZONE MANAGEMENT PROJECT FUND 192 [Item (I) on Consent Agenda] Councilman Naughten asked for an explanation of this item. Finance Director Art Housler explained the financial aspects, and Community Development Director John LaTourelle discussed the purpose of establishing a Costal Zone Management Project Fund. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCIL - MOTION: MAN CARNS, TO APPROVE ITEM (I) ON THE CONSENT AGENDA, ADOPTING ORDINANCE 2013. MOTION CARRIED. COUNCIL Councilman Carns advised he would not be present at the August 29 meeting. He distributed copies of a document on Aesthetic Controls, written by architect Larry Bailey several years ago, and he sug- gested it might be useful for the discussion of Section 208 of the Policy Plan on August 29, having to do with amenities. Councilman Nordquist also advised.he would be absent August 29 as he will be on vacation. He re- ported on a recent visit to his home by a student from Nagoya., 261;. • August 15, 1978 - continued Councilman Gould reported on the Juvenile Offender Program. Two Conference Committees have been formed and he named the people on them. He asked for more volunteers to serve. The Committees are an arm of the Juvenile Court and.members serve in.a,temporary capacity until they have attended two meetings, after which they will be.permanently appointed by a Judge of the Superior Court. Councilman Gould asked that the City furnish a sign to be placed outside the Council Chambers while the Committees are meeting with the words "Juvenile Conference Committee in Session'," and he asked that it be ready for installation by next Monday at 7:15 p.m. Public Works Director Leif Larson indicated it would be done. Councilman Gould noted that a letter had been received from Betty R. Bell regarding parking problems The Public Works Director had support- on Dayton St. in the vicinity of 3rd Ave. S. and 4th Ave. S. ed her proposal. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN CARNS, TO SET FOR PUBLIC HEARING MOTION: ON SEPTEMBER 5, 1978 THE REQUEST FOR TWO-HOUR PARKING LIMITATIO:N IN VICINITY OF DAYTON ST., 3RD AVE. S., AND 4TH AVE. S. MOTION CARRIED, MAYOR A report was submitted regarding the plans for the Police Department reorganization. Three Captains had retired and one was not replaced, one was replaced with a Sergeant, and one had the designation changed to Assistant Chief. M.A.A. Charles Dibble explained the rationale of the reorganization and said, with regard to the Assistant Chief position, that it was general policy to promote from within whenever possible. Mr. Dibble felt this was a good opportunity to reduce the cost of management and through the reorganization to retrain with the objective of leading the work force with fewer manage= ment employees. He said other department management staffs would be reorganized as opportunities occur. Police Chief Marlo Foster said he was confident in Mr. Dibble and the Mayor that they would improve the..reorganization if it did not work out well as outlined. Councilman Gould commented that this was the kind of organizational move that was needed to see if it was successful, and if, it was not successfuTeit eoultdtbe:.exam .aedi;fur..ther (r�;Mr.cD:i.bbl,e said it. would take at least until • October 1 to fill the position of Assistant Chief, and it may take longer to get through the testing MOTION: procedure. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN NORDQUIST, THAT THE POLICE DEPARTMENT REORGANIZATION BE APPROVED, WITH THE STIPULATION THAT THE COUNCIL RECEIVE A REPORT AT THE DECEMBER 12 WORK MEETING AS TO THE SUCCESS THEREOF. MOTION CARRIED. Mayor Harrison referred to the Council a memorandum from Community Development Director John-' LaTourelle, suggesting that the Council consider setting one work meeting.each quarter to receive a short report from each of the Chairmen of the major boards and commissions of the%City and to discuss their operations and problems. He felt that such discussions would benefit all parties by improving communications between the Council and the citizen advisory groups. COUNCILMAN CARNS MOVED, SECONDED MOTION: BY COUNCILMAN GOULD, TO SCHEDULE FOR THE OCTOBER 31 WORK MEETING REPORTS FROM BOARDS AND COMMISSIONS, ASKING THE CHAIRMAN OF.THE MAJOR BOARDS AND COMMISSIONS TO PRESENT TO THE COUNCIL THEIR THOUGHTS AND PROBLEMS. Councilman Gould noted that the Council would try to have these reports regularly on the fifth Tuesday work meetings. THE MOTION CARRIED. Mayor Harrison had received a request from the Public Works Director that the 30-day notification requirement, established by the Council, be waived for the Preliminary Assessment Roll Hearing for the proposed street improvements on Bell St., west of Olympic Ave. Mr. Larson indicated there would be no problem meeting the 15-day ynotification requirement established by State law. Only 12 property owners comprised the local improvement district. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN GOULD, THAT THE 30-DAY NOTIFICATION REQUIREMENT BE WAIVED ON THE BELL ST. PRELIMINARY ASSESSMENT ROLL HEARING. Councilman Gould stated that the reason for granting the waiver was that there are only 12 property owners involved and the Staff will have no problem notifying them. THE MOTION CARRIED. AUDIENCE Jim Bride.of the Youth Development Association addressed the Council in search of support in -ac- quiring the old Coast Guard Station Site, 30 acres adjacent to multi -use playfields already being developed near the Meadowdale schools. He expressed an urgency for action because Winmar,, Inc. had • taken an option on the property to develop it, and he said there was only until September 15 to make an offer to the School District for it. He suggested tying it in with the City's effort to purchase the Edmonds Elementary School. Councilman Gould said he would like to hear some input regarding the Coast Guard Site from Jim Jessel, the City's new Parks.and Recreation Manager. COUNCIL - MOTION: MAN HERB MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT AN EXECUTIVE SESSION BE SCHEDULED FOR AUGUST 22, 1978, AT 7:00 P.M., IN THE MAYOR'S OFFICE, WITH JIM BRIDE:BEING INVITED TO ATTEND, FOR A DISCUSSION REGARDING THE POSSIBLE ACQUISITION OF THE OLD COAST GUARD SITE AND A POSSIBLE PRICE. MOTION CARRIED. 1 MOTION: 1 0 HEARING ON VACATION OF PORTION OF 174TH-ST. S.W. VICINITY OF 71ST.AVE. W. (ST-3-78) (.Continued from June 6, 1978) This item had been continued in order to give the neighbors involved an opportunity to work out the problem. Public Works Director Leif Larson indicated he thought it was worked out .to everyone's satisfaction. The public portion of the hearing was opened. Maurine Bell of 7023 174th St. S.W. said the matter had been discussed with Mrs. Brockman and there was no longer any problem. The public portion of the hearing was closed. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN NAUGHTEN; TO ADOPT ORDINANCE 2014, VACATING A PORTION OF 174TH ST. S.W. IN THE VICINITY OF 71ST AVE. W. MOTION CARRIED. HEARING ON P.C. RESOLUTION 598, CONTRACT REZONE FROM CG TO RML AREA WEST OF 72ND W. AND SOUTH OF 212TH S.W.; AND FROM RML TO BN AREA SOUTH OF 212TH AND EAST OF 76TH W. (File R-6-78) Mrs. Block briefly reviewed the proposal, the details having been furnished the Council in the.-: minutes of the Planning Commission hearing on this proposal. The proposed rezone included .93 acres to be rezoned from RML to BN for office buildings and 12.26 acres to be rezoned from CG to RML for condominiums. The Planning Commission had approved the proposal but had imposed certain conditions recommended by the Planning and Engineering Staffs which had been incorporated into the contract. Mrs. Block showed slides of the site which formerly had been a gravel pit and is divided by a concrete retaining wall. The condominiums will be in the lower portion and the 262 August 15,1978 _ continued.. • MOTION: AMEND- MENT (Failed) MOTION: (((Amended) (Amendment office.-bui.ldin s in the upper portion. There are a few trees scattered on the site and no unique streams,;or anything of environmental concern. Building materials for the office buildings will be stucco and bronze glass. They will be extensively landscaped and more than adequate parking will be provided. The condominiums will be frame construction with wood siding and pitched roofs. Adequate parking and recreation space will be provided, developed recreation space to include two tennis courts; a swimming pool, and a recreation building. Proposed zoning would be compatible with the Comprehensive Zoning Map. Mrs. Block noted that there is a need for residential units in Edmonds, and this project proposes smaller condominium units which have not generally been addressed in other condominium developments. The two major problems were traffic and sanitary sewage, but those had been worked out with the applicants and were covered in the contract. The side layout was compatible with the Comprehensive Policy Plan and the units will be homelike in appearance and thereby consistent with the Policy Plan, Access to the condominium development will be only from 72nd Ave. W. City Engineer Fred Herzberg said the entrance is very wide and the Fire Department had found it acceptable. A cement barrier will prevent left turns to the office portion of the development which is adjacent to the Dairy Queen, thereby preventing left turns to the Dairy Queen also. Mrs. Block was asked if the Dairy Queen owners had indicated any opposition. She responded that they had been notified of the hearings but nothing had been heard from them. She indicated the Planning and Engineering Divisions had determined that the negative impact of this proposal on the environment, if mitigated as proposed or required by the City, would not be substantial, and a negative declaration had been made. She reviewed the criteria and guidelines to be used in rezoning and found the project compatible. She recommended approval. The public portion of the hearing was opened. Curt.Thomson, attorney for the applicants, said the contract had been negotiated by the applicants and the City Staff. He said the applicants had gone along with all requests of the City and the Staff had worked diligently with the applicant on the proposal. He cited some changes to be made to the contract as presented to the Council: On page 3, paragraph 4(b), the width of paving had been increased to 36' from 32'; and on page 5, paragraph 7, the wording had been changed to re- • flect that only the City would be entitled to reimbursement of legal costs should it have to bring suit to enforce the contract. The contract originally said either party would:be so entit- led if it prevailed. City Attorney John Wallace explained that once the City had executed the contract it would have fulfilled the only requirements on it, so this change was entirely proper. Mr. Thomson stated that no building.permits were being sought at this time, only a contract to rezone the property. Mr. Wallace advised that all of the buildings would have to be reviewed by the Amenities Design Board and would have to comply with applicable ordinances. Mr. LaPierre said they plan to use northwest architecture and stay to two stories. The public portion of the hearing was closed. Councilman Carns expressed the opinion that this was a fine proposal. COUNCILMAN CARNS MOVED, SECONDED BY -COUNCILMAN NAUGHTEN, THAT THE MAYOR BE AUTHORIZED TO EXECUTE THE CONTRACT REZONE AGREEMENT WITH LaPIERRE INDUSTRIES, INC. AND THAT ORDINANCE 2015 BE ADOPTED PURSUANT TO P.C. RESOLUTION 598, BUT THAT THE APPLICANT BE REQUIRED TO PRESENT PROOF OF OWNERSHIP PRIOR TO RECORDATION OF THE CONTRACT AND POSTING OF THE ORDINANCE. COUNCILMAN HERB MOVED TO AMEND THE MOTION TO RESTORE THE ORIGINAL LANGUAGE TO PARAGRAPH 7 OF THE CONTRACT. Councilman Herb felt this paragraph was one-sided and unfair and that both parties should have the same recourse. Mr. Wallace reiterated his statement that once the City had executed the agreement it would have fulfilled the only requirements imposed on it so the applicant would have nothing about which to bring suit. THE MOTION TO AMEND FAILED FOR LACK OF A SECOND. THE MAIN MOTION THEN CARRIED. DISCUSSION RE POSSIBLE NOTIFICATION REQUIREMENTS ON ADB APPLICATIONS Community Develop. Dir. John LaTourelle had submitted a memorandum which explored the ramifica- tions of notification of ADB applications. He recommended a modified notification process if the Council should determine that neighbors should be notified of pending ADB actions. That pro- cess included notification on only major projects, which he outlined. He recommended such noti- fications be accomplished by mailing and/or posting and that the cost of the notification process be covered by a $25.00 application fee and that the applicant be required to supply the names and • addresses of owners within 80' of the project. There was general agreement from the Council to use this method on a trial basis for a year. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN GOULD, THAT THE COMMUNITY DEVELOPMENT DIRECTOR'S RECOMMENDATION FOR NOTIFICATION ON ADB APPLICA-. TIONS BECOME POLICY FOR A ONE-YEAR TRIAL PERIOD BEGINNING IN SEPTEMBER 1978. Councilman Nord- quist suggested color coding the posted notices if that would not entail an added expense. City Attorney John Wallace advised that this would have to go to the Planning Commission with the inclusion of the fee portion of the recommendation. COUNCILMAN GOULD MOVED TO AMEND THE MOTION IN THAT PARAGRAPH 3 OF THE RECOMMENDATION BE REMOVED.FROM THE MOTION AND THAT THE STAFF BE IN- STRUCTED TO PROCEED WITH THAT PART OF THE PLAN THROUGH THE NORMAL PROCEDURES AND BRING IT BACK TO THE COUNCIL. COUNCILMAN NORDQUIST SECONDED THE MOTION TO AMEND. Jane Cunningham of 1030 Grandview said she had not been notified of meetings regarding property developed next to her and she would like to see it added that when a commercial zone is next to an RS zone that the RS people be notified. Mr. LaTourelle responded that if they were going to make notification on the basis of commercial abutting residential they would want to do it on multi -family and it would defeat the purpose of trying to limit the notifications sent out. During the dis- cussion Councilman Herb left so he was not present for the vote. THE MOTION TO AMEND CARRIED. THE MAIN MOTION, AS AMENDED, THEN CARRIED. There was no further business to come before the Council, and the meeting was adjourned at 10:10 P.M. IREN VARNEY MORAN, y Clerk PARVE H. HARRISON, Mayor 0