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19780905 City Council Minutes26S September 5, 1978 The regular meeting of the Edmonds, City Council.was called.to.order at 7 30..p,m, Mayor Pro tem Tom Carns in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. Mayor Harrison arrived shortly after the meeting eras called .to order and conducted the meeting. 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 Development Director John Nordquist Irene Varney Moran, City Clerk Ray Gould Noelle Charleson, City Planner Tom Carns Fred Herzberg, City Engineer Larry Naughten Marlo Foster, Police Chief Jim Murphy, City Attorney Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA MOTION: COUNCILMAN HERB MOVED, SECONDED BY COUNCILMAN NAUGHTEN, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The Consent Agenda contained the following: (A) Roll call. (B) Approval of Minutes of August 29, 1978. COUNCIL Councilman Gould said he had heard some recent comments about the odor of chlorine in the Edmonds Water and the appearance of the water. Public Works Director Leif Larson said the water is tested periodically and the turbidity is high at times but he had not been aware that it currently was. He said he will investigate both that and the chlorine situation and report back to the Council. Councilman Gould also inquired about the -status of the grease trap problem at the Yacht Club. City Attorney Wayne Tanaka responded that it will go to court on September 25, the issue being whether or not they failed to install proper grease traps. Councilman Naughten noted the request from the Public Works Director to extend the bid opening date for the Five Corners Tank Project from September 14 to September 21. COUNCILMAN NAUGHTEN MOTION: MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO EXTEND THE BID OPENING DATE FOR THE FIVE CORNERS.TANK PROJECT FROM SEPTEMBER 14, 1978 TO SEPTEMBER 21, 1978. MOTION CARRIED. AUDIENCE Ray Martin of 18704 94th Ave. W. spoke on the subject of the Board of Adjustment. He said he had appeared before the Council 'about a year ago on this subject and at that time spoke emotionally because of his experience with the Board. Since that time he had been attending meetings to observe the Board's actions, and he said he now had the opinion that the Board generally was doing a good job. He commended Associate Planner Nancy Luster for her presentations to the Board, but said he understood that someone else makes the on -site inspections and he felt the same person who makes the presentation should make the site inspection. He continued to object to the presence of Paul Roy on the Board, and described some statements made by Mr. Roy during specific hearings which he felt were out.of order. He suggested again that a section on malfeasance be added to the ordinance governing the Board of Adjustment. HEARING ON PRELIMINARY ASSESSMENT ROLL, PROPOSED LID FOR BELL ST., 14EST OF OLYMPIC AVE. • City Engineer Fred Herzberg described the proposed LID, saying the total estimated cost of the project will be $6,400 which will include paving, some leveling, and moving one fire hydrant. To illustrate average assessments he said the high will be $602 and.the low will be $472. The sewers already are in. Public Works Director Leif Larson explained for the audience the zone -and - termini method of assessment. Mr. Herzberg noted that one of the residents was concerned about some trees which were causing a sight hazard and he said that situation will be evaluated and the trees may. -be removed but that would not be a part of the LID. The public portion of the hearing was opened. Several questions were answered, and no opposition to the LID was expressed. The iMOTION: public portion of the hearing was then closed. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO ADOPT ORDINANCE 2020, CREATING LOCAL IMPROVEMENT DISTRICT 205. MOTION CARRIED. HEARING ON P.C. RESOLUTION 600, RECOMMENDING APPROVAL OF PROPOSED AMENDMENT TO ZONING CODE, COMPREHENSIVE POLICY PLAN, AND SHORELINE MANAGEMENT MASTER PROGRAM TO CHANGE THE PERMITTED USES AND DEVELOPMENT REGULATIONS IN THE CW ZONE AND SHORELINE MANAGEMENT MASTER PROGRAM AND TO ADD WATERFRONT AND WALKWAY DESIGNS.POLICIES TO SEC. 208 OF THE COMPREHENSIVE POLICY PLAN (FILES ZO-9-77 AND CP-2-78) '(SIX.MONTHS'REPORT 'ON MORATORIUM ON BUILDING PERMITS IN CW ZONE SOUTH OF MAIN) Community Development Director John LaTourelle reviewed the uses presently permitted in the CW zone. He commented that the CW zone presently is the catch-all zone of the City and that the character of the waterfront has changed since 1964 when this zone was established. He said his department was recommending that all manufacturing activity be removed as permitted uses unless it is related to water, and also that residential use be removed because it interferes with public access to the waterfront. He said the latter issue is the one that had been discussed the most in all hearings on this matter and which would be the major issue this evening. He added that the entire waterfront was reviewed as a unit without any changes in boundary. Assistant City Planner Noelle Charleson then reviewed the proposed changes. Mr. LaTourelle was asked whether the manufacture of crab pots would be a permitted use and he responded that it would not. Regarding 0 :269 September 5, 1978 - continued the elimination of residential use, he said the Planning Commission and the Planning Staff felt that additional -residential development would preclude access to the waterfront. He said people are highly reluctant to approach residential development and people living.near the waterfront feel threatened when the public gets near their property, thereby affecting access to the waterfront. Ms. Charleson noted that no permitted uses were being added to the CW zone, so although the primary impact will be that of parking, no use was being added that would create more traffic.congestion. She said the intent of the proposal was to preserve the amenities of the waterfront and carry out the intent of the Shorelines Master Plan. She said they did not anticipate any significant adverse environmental impact and had filed a negative declaration. She said their department recommended approval and that the moratorium be lifted. Height limitations were discussed and the Planning Staff did not feel greater view would be provided by reducing height. They felt view corridors could be encouraged through.the ADB and design policies. As an example, a building could be placed on one property line leaving an expanse of open space on the other side by way of setback. The public portion of the hearing then was opened. Mike Rodgers of 11111 N.E. 3rd, Bellevue, an attorney representing Mr. and Mrs. Leonard Friesendahl who own one-half acre in the CW zone, said they felt "residential uses would be totally consistent with the plan and took issue with the concept that residential use would interfere with public access to the water. Mr. Rodgers pointed out that the residential uses already there will continue to be there for many years and that the Friesendahl's property is the only one which needs rehabilitation. He said none of the proposed permitted uses makes sense for their property. They felt apartment or condominium development would be the best use of the property, retaining the existing fourplex and removing the other buildings. Mr. Rodgers said the amenities and character of the waterfront could be protected through the design review criteria. He said the Friesendahl property was surrounded on all sides by property in public ownership and that it had been mentioned by a member of the Planning Staff that it would be easier to acquire this property for the City if the residential or condominium use were removed. Mr. Rodgers made this statement based on information given to him by his clients, • apparently construed from something said at the Planning Commission hearing. Mr. LaTourelle objected to the statement, saying it had not been made, and saying.he had listened to the tapes of the Planning Commission hearing to satisfy himself that it had not been made. Mr. Rodgers went on to say that the Friesendahls would consider not developing for six months if the City indicated there was a possibility of finding funds to acquire their property. He asked the Council to vote against the.recommendation and to retain residential use.as a permitted use, either by rearranging the boundaries of the CW zone or by recognizing the long-time existing residential use. He said the Planning Commission vote was close on this matter and he felt private property rights may have been forgotten in thei.r decision. Councilman Carns responded that he did not believe the City of Edmonds Planning Department would ever overlook individual property rights. Councilman Herb added that the existing residential use, although. nonconforming, would not be phased out and the property could be upgraded. Mr. Rodgers said the cottages on the Friesendahl property eventually would have to go and then new residential use could be made if permitted. David Goforth, a real estate broker in Mountlake Terrace but a resident of Edmonds, referred to a comparison made earlier to Shilshole Marina and commented that the only residential use there is the condominium over the water. The earlier inference had been that residential use there inhibited public access to the water. Ray Martin of 18704 94th Ave. W. took issue - with Councilman Carns' praise of the Planning Department because of some personal experience. Dick Slye of 260 Beach P1. asked the Council to turn down the proposal or else give it more study. Several members of the Shoreline Management Advisory Committee made presentations reflecting recom- mendations made by their Committee at a meeting held on August 28, 1978. Those who made presentations were Elizabeth Sears, Marie King, and Robert Pantley. They disagreed with allowing motels or a convention center within the CW zone; they did not want the manufacture.of boats to be permitted; they objected to north or south expansion of breakewater and marina facilities and over-water.construc- tion between the ferry dock and Dayton St.; they asked that "institutional" use be -deleted or clarified and that acquarium use'.. be included; that storage of water -dependent petroleum products be limited to five gallons" or less unless it is in underground facilities; and that any under -building parking be fully enclosed. These items were in reference to the proposed permitted uses in the CW zone. With regard to the proposed limitations on uses they again objected to manufacture of boats • and asked that "places of public accommodation" be changed to "places of public use." They asked for inclusion of the 25% parking limitation which had been eliminated at the Planning Commission hearing and that any future walkway be above the bulkhead and not on the sandy part of the beach. They suggested variable setback requirements depending on the height of the building. Mr. Pantley again. -presented a plan which incorporated the Friesendahl property and which he felt could afford a generous amount of open space, and he asked for an extension of the moratorium until the first week of October. Paul Zane, a Seattle investment broker representing the Friesendahls, said he had done a study of the effect the proposed amended CW zone would have on their property and that removing the residential concept would decrease the value of the property tremendously. Jack Mayor of 527 N.W. 196th P1., Seattle, one of the owners of the old Merry Tiller Building, said they had purchased the property with idea of upgrading the property, having had discussions with City Staff at the time of the purchase. He said they would like to develop the property but could remain as a nonconforming use. He was concerned with the environmental impact on the beach if many people were drawn to it. He felt the private property owners were not being given proper consideration and he did not think enough., information was presented to change the zoning. Mr. LaTourelle then addressed the Council, saying the Staff's pro' sail which was the item being considered had gotten somewhat lost in the recommendations of the Shore'Tine"Management Advisory Committee. Councilman Carns felt the Council could not take any action at this time and that another MOTION: meeting would be necessary with all the parties concerned. COUNCILMAN HERB THEN MOVED, SECONDED BY (With- COUNCILWOMAN ALLEN, THAT THE PUBLIC PORTION OF THE HEARING BE CLOSED. Councilman Gould suggested drawn) that if there were anyone present wo could not come to another meeting they should be given an opportunity to speak. COUNCILMAN HERB WITHDREW HIS MOTION, AND COUNCILWOMAN ALLEN WITHDREW HER SECOND. Gordon Maxwell of 907 Alder, a Port Commissioner, said the recommendations as 'submitted by the Planning Department were acceptable to the Port. He said the Port is contemplating some retail use south of Dayton St: to make dual use of their present parking lot and that they were cur- rently having some problems with the moving of Admiral Way. (During this discussion Councilwoman Allen departed.) The public portion of the hearing was then .closed, and the audience was advised that on September 26 there would be a hearing on the overall goals for the waterfront. COUNCILMAN MOTION: CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN,.,THAT AT THE OCTOBER 10 WORK MEETING THE COUNCIL CONTINUE • 270. September 5, 1978 - continued TO REVIEW P.C. RESOLUTION 600 AND THAT PARTICIPATION BE INVITED FROM THE SHORELINE MANAGEMENT ADVISORY COMMITTEE, THE PROPERTY OWNERS IN THE CW ZONE, THE PLANNING COMMISSION, THE PORT OF EDMONDS, AND THE CITY STAFF, AND THAT COMMENTS IN WRITING BE INVITED FROM ALL THE PARTIES SO THE COUNCIL CAN REVIEW THEM BEFORE THE MEETING; FURTHER, THAT THIS PUBLIC HEARING BE CONTINUED TO OCTOBER 24, 1978, AND THAT THE CITY ATTORNEY BE DIRECTED TO PREPARE A RESOLUTION FOR NEXT WEEK'S MEETING TO EXTEND THE BUILDING MORATORIUM IN THE CW ZONE UNTIL OCTOBER 31, 1978. MOTION CARRIED. Councilman Gould said he would like to suggest to John McGibbon, Chairman of the Planning Commission, that he take the information he heard this evening back to the Planning Commission. It was agreed that all written comments would be submitted to the Council through the Planning Department. HEARING ON REQUEST FOR TWO-HOUR PARKING LIMITATION IN VICINITY OF DAYTON ST.,3RD AVE. S., AND 4TH AVE. S. City Engineer Fred Herzberg displayed a map which reflected areas already having the two-hour parking limitation and those included in this proposal., 'This matter had come to the Council at the request of an Edmonds property owner in this area. The public portion of the hearing was MOTION: opened, no one wished to speak, and the public portion was closed. COUNCILMAN HERB MOVED, SECONDED BY COUNCILMAN NORDQUIST, THAT ORDINANCE 2021 BE ADOPTED, IMPOSING TWO-HOUR PARKING ON PORTIONS OF DAYTON ST. AND 3RD AVE. FROM 8:00 A.M. TO 6:00 P.M. EXCEPT FOR SUNDAYS AND HOLIDAYS. MOTION CARRIED. REPORT FROM POLICE CHIEF RE LATE PAYMENT OF TRAFFIC'VIOLATION BAIL Police Chief Marlo Foster explained the current method of collecting bail. After seven days.a courtesy notice is sent which indicates appearance is required within seven days. After 14 days a notice is sent to the State that the party failed to appear. The driver's license is flagged so when the renewal is sent out a notification is also sent that the license will not be renewed until the bail is cleared. If the violation has a bail of $50 or more a bench warrant • is issued with an additional $25 charge. Therefore, the problem lies with those violations of less than $50. Chief Foster said the City could pass an ordinance making failure to appear a separate criminal violation; warrants could be issued on all failures to appear; or the court could establish a sliding bail scale to accelerate after seven days.. Chief Foster did not have a specific recommendation because he said they were investigating which would be the easiest to administer and to be sure of the legality.of the recommendation. He said there are approximately 300 failure to appear violations in the City currently, with a face value of about $7,000. Judge Richard Thorpe was in the audience and he said that the number of traffic violations under $50 is in the hundreds and the paperwork involved in writing up bench warrants on all of them was impeding the Staff from getting their work done, and he was not convinced they were doing much good so he stopped using bench warrants for smaller traffic violations. Councilman Carns said he would like people to know that if they get a traffic ticket and do not pay it or appear in a specified period they will be penalized. City Attorney Wayne Tanaka suggested an ordinance authori°zing the court to set a bail schedule which would increase the bail for nonappearance. MOTION: Judge Thorpe said he would have no objection to such an ordinance. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT AN ORDINANCE FOR THE SEPTEMBER 19, 1978 CONSENT AGENDA, AUTHORIZING THE MUNICIPAL COURT TO INCREASE THE BAIL FOR PEOPLE WHO FAIL TO APPEAR WITHIN A REASONABLE PERIOD OF TIME. MOTION CARRIED. There was no further business to come before the Council, and the meeting was adjourned at 10:30 p.m. ell 'IRENE VARNEY MORAN City Clerk HARVE H. HARRISON, Mayor September 12, 1978 - WORK MEETING The regular meeting of the Edmonds City Council was called to order at 7:45 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 Larry Naughten Charles Dibble, M.A.A. Mike Herb Leif Larson, Public Works Director Phil Clement John LaTourelle, Community Develop. Dir. Katherine Allen Fred Herzberg, City Engineer John Nordquist Irene Varney Moran, City Clerk Ray Gould Jack Cooper, Fire Chief Tom Carns Rod Garretson, Athletic Proj. Coordinator Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The Consent Agenda contained the following: • •