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19820907 City Council MinutesSeptember 7, 1982 • The regular -meeting of the Edmonds City.Council was called to order at 7:35 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds -Civic Center. All present joined in the flag salute. PRESENT STAFF PRESENT Harve Harrison, Mayor Jim Adams, City Engineer Katherine All.en Jack Mitchell, Public Works Superintendent Bill Kasper Irene Varney Moran, City Clerk Larry Naughten. Mary Lou Block, Planning.Director Ray Gould Duane Bowman, Assistant City Planner John Nordquist Art Housler, Finance Director Laura Hall Marlo Foster, Police Chief Jo -Anne Jaech Ron Schirman, Assistant Fire Chief Pat�LeMay, Personnel Director Steve Simpson, Parks & Recreation Director Jim Jessel, Property Manager Wayne.Tanaka, City.Attorney Mark Eames, City -Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA Items.(I) and (J) were removed from the Consent Agenda. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the following: (A) Roll call. • (B) Approval of Minutes of August 24, 1982. (C) Approval of Modified Appendix "B," Mountlake Terrace/Edmonds Joint Sewer Agreement. (D) Authorization to sell Unit 29 (Surplus 1969 Dodge Dart) to -Victor Cellers for $313.33. (E) Set date of September 21, 1982 for hearing on 10-lot preliminary.plat at 1225 Viewland Way (Hubbard/P-2-82). (F) Set date of September 21., 1982 for hearing on Hearing Examiner recommendation to vacate alley located east.of 7th Ave., south of Fir St., north of Elm St., and west of "B" Ave. (ST-4-82) (G) Set date of October 5, 1982 for hearing on reconsideration of parking formula for downtown business area. (H) Acknowledgment of receipt.of Claim for Damages from Shari C. Beal, 22314 100th Ave. W., Edmonds, in the amount of $29,000. (K) Acceptance of Edmonds Library Contract and establishment of 30-day retainage period. REPORT ON BID OPENING FOR'REPAINTING OF THE ANDERSON CENTER Item (I) on Consent Agenda] Councilmember Naughten asked -what color the paint would be, and Parks & Recreation Director Steve Simpson responded that it will be identical to that which was started on the wings. COUNCILMEMBER. NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE ITEM (I) ON THE CONSENT AGENDA, AWARDING THE CONTRACT TO THE LOW BIDDER, PIONEER PAINTING COMPANY, IN THE AMOUNT OF $9,618.50, PLUS SALES . TAX. MOTION CARRIED. RENEWAL.OF POLICE RESPONSE CONTRACT FOR WOODWAY HIGH SCHOOL Item (J) on Consent Agenda] Councilmember Naughten asked if the -contract amount would be pro -rated back when this area is annexed to the City, and Police Chief Foster responded that the payments will be on a monthly basis. COUNCIL - MEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO. APPROVE ITEM (J) ON THE CONSENT AGENDA. MOTION CARRIED. HEARING ON PAB RECOMMENDATION TO MODIFY HEIGHT LIMIT IN.•BC AND RM ZONES Mayor -Harrison stated that this.was the Mayor's proposal that three story buildings be allowed in the downtown business zone, and -it would not add to the height already allowed under the Code, which is 30', bu.t:was-only to eliminate the necessity of putting.a 4/12 pitch on a roof to achieve the 30' presently.allowed. He said there has been a lot of misunderstanding about this and he noted that the pitch requirement does not exist in the CW zone and his proposal was to treat the downtown business zone the same as the waterfront zone. He said they -need three stories to make their projects economically feasible, partly because of the City's parking requirements. He noted that those citizens who still have property to be developed downtown are concerned that they receive equal treatment. Mayor Harrison said he had personally inventoried existing buildings in the downtown business area which are over 30' high and there are 82 which were built under the old Code or no code at all.. Also, he said that.if necessary he will personally organize a new group to be called "Citizens for Equal Treatment." He urged the Council to approve this proposal. A map was displayed on which the locations of the 82 buildings were marked. Planning Director Mary Lou.Block reported that the PAB had a hearing on this proposal.on June 9, 1982. She stated that presently buildings may be.constructed to 30' in height as Tong as all portions of the roof above 25' have a pitch of 4" in 12" or greater. She -said the staff supported the proposal because it would eliminate interpretations • September 7, 1982 - continued of what, in..fact, meets the.4/12_slope requirement (,she described the problems associated with required parapet walls, solar panels, and loft buildings), and because it was felt the City should establish a..s.pecific hei.ght.iimit.and.the design professionals could work with the ADB to design the buildings within that limit. She.demonstrated the problems with buildings over 30' in width if the 4/12 pitch cannot exceed 5' in height (the sides of the roof i�.111 not meet) and she showed an example .of the.problem*%rith mansard -roofs. She demonstrated that the flat roofed 30' building causes no more view impairment than the side view of a 4/12 pitched roof building of 25' v!ith additional 5' for pitched roof. Councilmemher Jaech pointed out that a pitched roof from the front does allow -for some view. Ms. Block also showed on a man the locations of the BC and RM zones. The hearing was opened. Milton Hassel, 717 4th Ave. S., said that less than two years ago there was considerable activity by the people in downtown Edmonds regarding the 25' building height and 1,365 names were on a petition asking that the building, height of 25' be the maximum with a possibility of having a roof at the 4/12 ratio, and he said that voice is still there. He noted that the Council had responded by givi.ng a majority vote toapproving a 25' building height limit and they placed that requirement in the Community Development.Code.. He said that during his professional experience.as an educational administrator he had supervised construction of buildings and worked with approximately 50 architects, and.he had never found an architect who found a design too difficult to do or whc.did not say to give him the conditions and he would develop the desired building design. He felt the architects in this area are just as creative, so he did not believe that was.a valid reason for changing the building heights. He said the people must hE: the , afire cf what they are going 'to have in downtown Edmonds,..and he asked the Council to continue to be responsive to the people of Edmonds and continue the 25' bui-?ding height limit. Dorothy Kribs, 1159 7th S., submitted a list of 33 signatures in opposition to the proposalis . Don Huston, 19202 20th N.W., owner of property at 314 3rd S., said he felt he had purchased property at an inflated price because of the view and he.wanted to retain that view. Bill Harpham, 625 Giltner Lane, said he had lived there for six years and when he first moved there he thought Edmonds was a charming community, but the factions ofCitygovernment in the last six years had encouraged the ugly "Seattle-ization" of the.downtovin business area. He said six years ago there was not the expansion on the waterfront or the condominiums, and it is not that he is against that but if it is continued there eventually will be 60-story office buildings on the Edmonds waterfront. He felt the Code should stay as it: -is. Lloyd Ostrom, 711 Puget Lane,, representing the Edmonds Council of Concerned Citizens, said they had sent the Council a fairly lengthy letter which represented the views of their Board.of Trustees. He said when this item was heard at the PAB he had testified and one of the members of that board asked why this was being; gone through again, and he now was asking, that same question.. He did not see any changes in the last two years.that would cause the problems, and he had not heard of one particular case when anyone had a problem. He said the.argument was made that design should 'be left to the professionals, but if the building height in a zone is 25' they will get 25' boxes, if it is 30' it will be 30' boxes, and if it is 35' it will be 35' boxes. He said he had.made.that point.at the PAB .hearing and there was no argument. He thought that if there really -were legitimate design questions the professionals on the staff could solve them. He said the comment was made that this recommendation would not change height, but it does as there is a difference in a 25' flat roofed building and a 30.' flat roofed building, and he could not remember when someone last built a pitched roof building. He said the residents do not have a responsibility to guarantee that a speculator will make a maximum profit on a development. He noted that the Code was passed with a lot of public input and that there were more people present this evening than usual Which indicated the interest of the people. Jennifer Hutchings,. 314 3rd Ave.'S., was opposed to the proposed change, saying to change the ordinance • would block the use -of the flower baskets and change the beautiful City. She said she lives close to the water but apartment buildings block her view, and she asked that the view of the water be kept for the people. Bill Mathias, 540 Holly Dr., reminded the Council that two years ago the decision was made for 25' building heights but there was an argument that flat boxy buildings were not wanted so another 5' was al.lowed for pitched roofs and to permit design flexibility. He said there apparently is so,ne confusion as to what the extra 5' means, so he suggested eliminating that confusion by eliminating that extra 5'. William Schuh, 1051 Glen St., asked that the proposal be defeatr:d for the reasons already stated by others, and he noted that those people in favor of the change hail not shown that a change is needed and were resting on the Mayor's arguments. Natalie Shippen, 1022'Euclid, did not believe there was any evidence in the ADB or the PAB minutes that there ever has been any concern with this part of the Code, and she thought that is where it would be shown. She noted that the origin of the concept was in the old RM-�D, an apartment zone meant to be smaller than the•existing.ones in the downtown. She said the maximum building height was 25' or 30' with a 4/12 pitch and this concept came from the Playor's Planning Department in 1979 and the City has lived with it -since then.' She hoped the Council would stay with it. Steve Dwyer, 8820 Main St., said throughout the creation of the Comprehensive Plan and the years -of discussion. that preceded it.the end point was always that the people in Edmonds want 25' buildings, and an exception was made for -the 30' height. I -le said anytime there is a zoning change somebody loses --that is the nature of zoning changes and that is why they are regulated. As to fairness and equality, he said everybody had the same opportunity, and if you owned land pr-ior to the adoption of the new Code you could have submitted a building application at that time, but if you.did not you waived your right to buiid..and you acquired what you have now, and if you purchased the property after that time what you have now is exactly what you purchased. 10 September 7, 1982 - continued • Gwen Larman;.801 Walnut St., said she understood Ward Phillips had stated he is tired of one or two people tooting * -a horn for an.invisible group of concerned citizens., and she thought the number of people present this evening was.an indication of that invisible group.(the Council Chambers was full, with.people overflowing into the foyer). Ray Martin, 18704 94th Ave. W., said before the last election the League of Women Voters, the Senior Citizens, and.the ECCC got together.and promoted a candidates' night and a list of.questions was developed in order to spur discussion and to outline the candidates' positions for the public. He said one of the questions was "The maximum allowable height for commercial and apartment buildings is 25', and 30' if the roof is pitched. Do you support this height limitation?" He said -when the candidates filled out the questionnaire all candidates but two answered an unqualified yes, and two did not respond, one being Katie Allen who was out of town and could not respond, and the other one did not want Ao respond. He noted that Councilmembers Hall and Naughten had voted for the.limitation. ,Elizabeth Taylor, 748 Laurel, said assuming that they did away with the charm of Edmonds, had the planning experts decided what was going to be done --where are people going to park? She said she did not want to give up.the charm or the views but is it efficient? King Nordquist, 111 Elm, said he had been nervous since he heard this was going to come up, and he quoted an Arab passage, "Let the head of a camel in your tent and you will soon have a tent full of camel." Roger Hertrich, 1020 Puget Dr., addressed paragraph 7 in the Mayor's June 15, 1982-letter to the Council and PAB, wherein.he said he had counted 79 buildings over 30' in height in Edmonds and another 12 which had been approved in PRDs, and Mr. Hertrich said his -first question was are 79 not enough? He said the people in the Planning Department did not know where those buildings were, and he thought the majority should rule. A Mr. Gill asked how high the Harrison Building is, and he told the Mayor that certain people in • Edmonds are referring to him as "High -Rise Harrison." Mayor Harrison responded that his building was built under the same Code that all the others were built under and that it is under 35'. He said it is a zone that was established by their representatives and it permits certain building requirements by law, and anybody who owns a piece of property within these zones has certain rights, and.in-this case those rights were exercised. He added that there are still some vacant properties and the owners can exercise the same rights. John Taylor, 21231 Pioneer Way, said it sounded to him like this issue had turned into a vendetta. He said he was charmed when he first saw Edmonds and he thought the charm of this town should be saved as it is one of the finest spots on the north shore of the Sound. No one else wished to speak, and the hearing was closed. Councilmember. Jaech said she had doorbelled and had taken two petitions one asking. to keep the Code the way it is and one to change it, and all with her about but two people this issue, voted to keep the Code the way it is. She talked.to 89 people, including those in -two cul-de-sacs in the Five Corners area because of comments that only people in the downtown bowl area want to preserve the existing building heights. Councilmember Hall read a letter..from Carolyn Harris, proprietor of Aria Carpets and a member of ECCC. Mrs. Harris indicated that she did.not share the ECCC's view on the 25' height on buildings. She owns property on Main St and on Dayton St. and said 5' does not make much difference for the look of the City. Councilmember Gould said he had.made the motion two years ago to set the 25' building height so he had some comments about what happened then and where things are now. He said two years ago they had a code that they did improve as far as building heights are concerned --they were lowered in all zones and some big 'improvements were made. Now he thought the purposes of building height controls were to set the character of an area, provide views, establish overall area uniformity,.cluster • functions and services, protect the effects of light, air, space, and outlook, establish a consistency of development.of appearance, and to put a certainty in the minds of residents. He said the building heights established in 1980 were established because they provided low building profiles.in residential areas, preserved the unique value.of views, maintained the character of the Edmonds bowl area, upheld the ideals of the vast majority of the residents, helped give Edmonds an identity and set it apart from the crowd, and provided for taller buildings in commercial areas. He asked if building height standards should be changed and answered that in the General Commercial area along Highway 99 he thought taller buildings would help give the City a better tax base and still provide services that are consistent with the area.development, fit traffic.capacity, and not grossly interfere with residential.views.. Secondly; in unique areas such as the bowl even a slight change in building height would affect the appearance, character, and view value, so it.should remain as it is. He said in the two requests at hand they are asked to change the RM and BC building heights and they cover abroad area across -the City. He thought this request was clearly aimed at allowing three - floor construction and said in many cases they are in areas that are broadly preserved as single- family residential areas, and proof that a change is necessary had not been demonstrated in the two years that the Code had been in effect. He thought another way of providing low cost housing, if that was an ;issue, could be by way of "grandma" apartments. He.noted that they had specifically made provisions in the Code to,prevent,.mansard roofs because of the view blockage they cause. He thought they could live with the Code as it is and said if he had to set a firm height it would be 25'. Councilmember Naughten said he -always has felt the charm -of Edmonds.to be a measurable thing, and he had been in favor of reducing the. -building heights. He said this is a residential community and the majority wish to have -lower building heights, and he would'be remiss as an official in not going with the.majority of what the people want. -He added that people will just have to learn to design within..the requirements. 11 September 7, 1982 - continued 1 1 E Couoci.lmembe-r Allen agreed.with Councilmember.Gould's..remarks. She said at the time -they were discussing the Community ,Development Code she looked for taller limitations on the buildings, but when it was passed and having -lived with it for two years she thought it was well done, but she would not -like to gogto a flat 25'.- She said she had a.faint hope that a developer and architect will come along who will no to 30' and not create a box. At this time, especially; in the RC zone, she thought the existing levels should be kept. She added that Councilmember Gould had presented very thoughtful analysis. Councilmember Nordquist said it was hoped two years ago that the issue could be put.to rest, and he hoped that for a while the height restrictions would be maintained and upheld by the Council. He noted that they did go to.the higher height when it was needed for the hospital, and he said the Highway 99-Study is an important study because there will be'a lot of height there, but there will also be a lot of tax base. ' Councilmember Kasper said he had opposed the restriction to 25' two years ago, cut had thought 35' was.too high and he was willing to compromise at 30', and when the introduction of 4/12 pitch was made.he voted against it. He said you cannot construct buildings in a RC zone and,support them on a rent.basis without going to two-story buildings and you have to provide parking on-sit:e or start building parking lots. He said the new building on Dayton hctween 3rd and nth has a flat top and it noes to 25' but the only reason it could be built was because the lot had a 4' fall which Trade it possible to .put parking under it. He noted that in financing buildings he had never built anything himself.except his own home, but he has been accused,of being the "builder's Councilman." He said perhaps he understands their problems, but nevertheless he does not vote fon the builders --he votes for.what is best for this torn. He said he will voteagainst leaving the 4/12 pitch condition. He added that they had provided $20,000+ to do a height study and that original motion included Highway 99 and a review -of the effects of the Code on the downtown area but when it came for approval the downtown height study was eliminated and he still thought it should be done. He said it would prove that hardly anyone in the room could tell the difference in 5'. He felt the 4/12 pitch does limit the height designs and that it will create more boxes than if they went the other way. He said the way they are doing it now the buildings that can be financed Will have to provide parking on -site, and you cannot do it on a level lot, only on a fall lot. Councilmember Jaech said the City will have to address parking,'but-she felt if extra fiet were given for parking the parking would not go in and it would be used for -floor space. She said they had wanted 25' and had compromised with the additional 5' for a pitches' roof. Councilmember Hall said she had been"a champion for the 25' but she thought they were getting into some philosophy ramifications and, into dictating design try the Code. She said she appreciated all the testimony but she noted that Councilmember Kasper had touched on th point that -in order for business to survive in this town they may have to go to whatever a three story building may contain. She asked ;ghat good it would be if they preserved.the 25' limit if there are no businesses to support in the town. She suggested that.perhaps some of those present should meet again with the .planners and see what tax base is being dealt with, and site said she did not want this to be a deserted town. COUNCILMEMBER GOULD MOVED, SECONDED BY CCUNCILMEMBER JAECH, TO REJECT THE RECOMMENDATION OF THE PLANNING ADVISORY BOARD TO MODIFY THE HEIGHT LIMIT IN THE BC AND RH ZONES, AND THAT THE COUNCIL RECONFIRM ITS SUPPORT FOR BUILDING HEIGHTS AS THEY CURRENTLY EXIST Ifs THE CODE. Councilmember Kasper said he would vote.against the motion because it was never studied after the last time and it had been agreed that it would be. Also, he said this item was heard by the PAB and only one ECCC member was present --input was obtained from Mr. Ostrom only, and the Council has recognized that everybody does not,go to the PAB as they should, and he thought this should be remanded to the PAB. THE MOTION CARRIED, WITH COUNCILMEMBER KASPER VOTING NO. A recess was announced. Following the recess, Mayor Harrison paid tribute to Fred Ross who had died. on September b at the age of 77. He had been a member of the PAS since its beginning.and.prior to that was a member of the Planning -Commission for four years. He also served four years on- the State Disclosure Commission and recently was the Senior Citizen Representative for Congressman Pritchard., He.was editor of the Third Age newspaper and had worked 50 years for newspapers all over the country, He was always . devoted to City affairs and Mayor Harrison said he will be missed and difficult to replace. Council - member Hall added that he really gave his all for the City. She had served with him on the PAB and she.sa.id he was a man of few words but What he said was worth hearing. Councilmember Nordquist asked the.Mayor to send a letter to Mrs. Ross expressing the sympathy of the Council, the Staff, and the citizens. DISCUSSION OF CODE AS IT RELATES TO VERTICAL ECOLOGY Planning Director Mary Lou.Block said the subject of "vertical ecology",w:as.raised during a Council discussion bf the height of a house being constructed.west of Emerald Hills.. She sa_id.the Code currently regulates primary end accessory building heights in ail zones, as well as fences and hedges.,.and it requires.a conditional use permit for amateur radio transmitting antennas. The ADB reviews all commercial and multi -family developments and checks Al gets in those.projects. Ms. Block had contacted other cities with comparable waterfront views and found little to indicate more regulation than is currently contained in the Edmonds Code, and in fact, most do not control vegetation at.all and are less restrictive.on'5uilding heights. She suggested that if the Council wished to pursue this-.subject.it should.be referred to the PAB as a study topic. Councilmember Jaech noted that there had been a lot of problems with trees when they are planted in a row because they obstruct ills .views. Councilmember Naughten.thought there should he a limit on the_.height of trees when they impair a view. Councilmember Kasper thought that since.the City mandates that ,trees be planted with new construction there should be a height limit imposel He said landscaping is.required on buildings and PRDs and,it turns out.that the type of trees planted.can affect views. He.said the same thing happens with lighting --it is.mandated and then.it creates a glare problem. It;was suggested that lighting be included in any study made, and also that trees planted at private,.residences be included because they are not reviewed by the ADB. COUNCILMEMBER kJkSPER MOVED, SECONDED BY COUNCJLMFMBrP HALL., TO REFER.THIS TO THE PAR: FOR STUDY:ALONG THE LIMES DISCUSSED. Councilmember. Gould questioned whether there had been enough problems to warrant an investigation. He could see a great argument i 12 September 7, 1982 - continued developing.among the citizenry.say,ing'they have the right to plant a tree in their yard and he thought this might open a gigantic "can of.worms." He felt that people look at trees differently from the way they look at buildings, and.that they are willing to accept.a beautiful green living tree, but not'a.pile of bricks or sheetmetal.. He did not perceive this-as.,a problem. Councilmember Jaech said her.only concern is when somebody plants a.row.of trees such as.poplars that.constitutes a long fence line. She said there should be no question that a row of trees is defined.as a hedge. Councilmember Gould thought the so.l.ar panels question to be one which should be addressed as that is the,wave of the future and he could see..where it could fit in the area of height.definition. Beyond that he-did-not.think anything was necessary. He said the ADB does consider the height of trees and nobody -had ever sa.id.anything to,.him about doing something about the.height of trees. He thought this would be opening a "Pandora's Box." THE MOTION CARRIED, WITH COUNCILMEMBER GOULD VOTING NO. APPL.ICATION'FOR TOW TRUCK LICENSE--ED-LYNN TOWING Police Chief Marlo Foster reported that the last time the Ed -Lynn Towing Company was discussed was on February 5, 1980 when the Council acted to revoke their tow truck license. It had been initially granted August 21, 1979, provisionally approved on the condition that the owner and employees have no more traffic violations. The Council at that time .was -concerned with the records of the .drivi.ng people who would be operating the tow trucks. Chief Foste,r.said that Ed -Lynn continued to operate in the City without the proper license, arrests have been made, threats have been.made by the owner against members of the Police Department and the City Attorney's office, there has been vandalism to police cars,.and several suits have been filed. He said that even when done routinely, the processing of tow truck licenses is very tedious and requires time,..patience, and cooperation, but that cooperation has not been present on the part of the applicant and the Police Department has wasted countless hours processing, investigating,.and documenting the information as required by the City's ordinance. Chief Foster had provided'to the.Council various documents regarding the investigation, and he again recommended denial of the application. • Loren Kerr, owner of Ed-Lynn.Towing, said.he would like to have the minutes of meetings regarding the applications of Shannon Towing, Curtis Towing, and Highway Towing and information on any alliance Edmonds has with those compan.ies.. He was advised by the Mayor to -put his request in writing. Councilmember Jaech said she noticed in the report that Ed -Lynn has been operating in the City without a ,lsicense.. Chief Foster.said on August 14, 1982 an Edmonds officer came across one of them hooking-up'to a car in the.City.(details were in.a Police Department investigation report provided to the Council) and there are 15-20 signs within the City advertising the company. City Attorney Wayne Tanaka said the City could have the violators cited for the violations in the criminal court which inv,o.lves proof of a crime or a..ciVil suit could be instituted seeking a permanent injunction or other relief to require the owner to cease the illegal activity. Mr. Kerr said he has had five law cases against.Edmonds which he had won. Councilmember Nordquist asked the City Attorney for advice, and Mr.; Tanaka responded.that.4.10.060 of the Edmonds City Code provides that the Council determines whether or not the license —should be granted and the things the Council considers are the performance.and quality of servi,ce.and. the experience the applicant has had in rendering such service,.inf.ormation that.has come to light in connection with the application, and the type, nature, and quality -of the equipment and tow trucks to be used. He said whatever action the Council takes, findings and reasons should be.stated. Regarding previous court cases involving this.company, Mr. Tanaka said they go back to Edmonds.Municipal Court and then the matter was pursued in South District Court on several occasions. He, said .the cases have not all been against Mr. Kerr --he had been cited once in Edmonds. The others were against drivers employed by Mr. Kerr. Mr. Tanaka advised the Council -that -they should base their.decision on information from the Police Chief and not necessarily on what the drivers have done. He said the City had lost a number of the cases on various grounds.. Councilmember Hall addressed Mr. Kerr and told him she did not think even he.would be too proud of the dri-ving .records of his drivers., and she said she would feel most uncomfortable approving the application.. She told him that.if in the future he came back with men and women drivers with. driving records with which the City could feel safe then she would.give it further consideration. Mr. Kerr responded that these were.personal driving records and not service driving records, and • Councilmember Hall said it is difficult to divorce the two. Mr. Kerr said he had not investigated their driving.records but they are bonded and insured by his insurance company. Councilmember Kasper asked him, -regarding the other complaints, if he was implying that he did not think the Council was.being fair. Mr. Kerr -responded that he was looking at justifications and he would like to see all the trials and tribulati.ons asset forth by the City. He -said he wanted to know what is going on. Councilmember Kasper:asked if the City had any procedure for re -analyzing these cases other than by complaints, and Chief Foster replied that they have to go through annual application reviews. Councilmember .Nordquist stated that on the.night of January 21 he had witnessed one of Mr. Kerr's drivers.at 76th and 244th going backwards and almost running over a police officer. Mr. Kerr responded that he did not know the driver who.handled that call or the circumstances surrounding it. Councilmember. Nordquist told him that the Council has a city in which they are charged to provide good service, and they provide the -licensing by these driving records-.. Mr. Kerr said he is down to three'emp.l.o"yees because he has done away with those which were being. described. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER HALL, THAT THE APPLICATION BE REJECTED FOR.THE FOLLOWING REASONS: THE TOW TRUCKS WERE.NOT AVAILABLE.FOR INSPECTION ON THE AGREED DATE OF AUGUST 16, 1'982-; ONE DRIVER DOES NOT'QUALIFY, UNDER EDMONDS CODE 4.10.040; TWO DRIVERS HAVE NOT REPORTED EXPERIENCE AS REQUIRED; ED-LYNN CONTINUES TO OPERATE WITHIN THE CITY WITHOUT THE PROPER LICENSE (AS EVIDENCED BY POLICE REPORT EC2-2483); AND ED-LYNN CONTINUES TO'ADVERTISE TOWING SERVICE AT NUMEROUS LOCATIONS WITHIN THE CITY WITHOUT A LICENSE; AND BECAUSE THE:CITY HAS ESTABLISHED A SET OF RULES THAT MUST BE FOLLOWED AND THIS COMPANY DOES NOT FOLLOW THEM: MOTION CARRIED. PROPOSED ORDINANCE GRANTING*FRANCHISE TO WASHINGTON NATURAL GAS COMPANY Roger Anders,on.of Washington Natural.Gas said he thought they had a difference in philosophy from that of Edmonds as to what a franchise should be and the rights and responsibilities they should • September 7, 1982 - continued have.., He said he was in.error in one. of his prevJ.pus statements and that the Washington Utilities and Transportation. Comm issJon does not require !Tashington�Natura.l .Gas to .be.bon.ded.as' such, but it does require.everything else.,he.'had stated.. He said he had lust recently received the proposed ordinance,and:their,legal staff had not yet examined it. He suggested that a committee be appointed to study...a- solution to the situation as he did not think they :were far. from a' solution. Councilmember Hall noted that she had talked to..the.Assistant.Fire Chief at the last discussion on this as she :as concerned that .`he. drawings bra available in case.of emergency so the City employees know where the valves are. Assistant Fire Chef Ron Schirman sail he had not seen a copy of the overall plan at anyplace,where he had.worl:Nd, but -Public Works gets an update. He said they,had spent considerable .time.working,on a disaster. plan.and he could.see that the Gas Company would not be able to get to Edmonds.. on an,emergency. as:.:i.t is an hour' before their construction crews normally get to a site. He said if. Public Works is.satisfied and the plan is accessible.that may be satisfactory. Councilmember Gould, said he thought tl1.i s discussion vras unnecessary . as on August 24 they went. througia the agreement paragraph by -paragraph and. agreed as a Council body..what each ;paragraph should contain. He thought the, Ci ty_ Attorney and the,representative of Washington'Matural Gas should be able'to finalize it. COUNCIL1�1Eh1BER NORDQUIST AG REED., ..AND. HE E1U`/ED, SECONDED BY COU+dCILMEMBER ALLEN, THAT .A REPORT BE PLACED ON THE OCTOBER 5,.1982.AGEN DA REGARDING THE WASHINGTON NATURAL GAS FRANCHISE. NOTION CARRIED. Councilmember Jaech asked,if, when a person in Edmonds uses Washington Natural Gas for energy conservation improvements,^the City of Edmonds.gets its share of the taxes on it. Mr. Anderson said he would research that. INDIVIDUAL COUNCIL RECOi1i',1ENDATI0',,1S REGARDING LIBR,!kF1' CURB DESIGN Councilmember Nordquist said he previously had serious doubts about the whole thing but now his only criticism was that he still.thought the curb to be a little too wide on Main St. and that traffic is being pushed towards the.center.. He.would like to have only one exit on Main St. and eliminate the one.by the.bus turnout. Councilmember Jaech said when cars are parking along the -street -there does • not appear to be any hazard but she still had her original concern that when winter comes and there are no cars parked there,.there might be a problem seeing the curb extensions.. She was willing to give it a try throug'r, the winter, -but she recommended that reflectors 1✓e installed -on the curbs. Councilmerbe'r 'iali commen ted..that all the Councilmembers had received many calls and letters asking that the curbs be kept as they are, and she was willing to do that. She had checked with the Police Chief and could find no record of an accident there as stated in one letter from,a citizen. She thought there should be a trial period.. She asked, however, what was going,to happen if the small house.on Durbin St. wants a bigger front yard extending into the right-of-way as this project has done. COUNCILMEMBER JAECH MOVED., SECONDED BY COUNCILMEMBER HALL, THAT REFLECTORS BE PLACED ON THE CURBS -OF BOTH STREETS TO PROTECT THE PEOPLE. MOTION CARRIED. Councilmember Naughten said he thought the whole issue was -one of safety, and he said the library is a magnificent structure. He thought they should.give it a trial period and mitigate some of the safety hazards. He discussed his recommendations and then -made several motions. COUNCILMEM'BER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER HALL, TO CLOSE. THE EXIT TO. MATH. ST. , AS FECOMMENDED BY THE. STAFF.. (City Engineer Jim Adams said this could be done by placing.a bollard there to prevent vehicle access.) Councilmember Gould noted that if.any of the plantings east of that grow high there will be a sight impairment. THE MOTION CARRIED.. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILME%ER HALL, THAT THE CROSSWALK BE PAINTED WITH YELLOW CROSSHATCHES ON MAIN ST. AT 7TH AND THAT A SIGN BE PLACED ON EITHER SIDE SAYING IT IS A CROSSWALK. MOTION CARRIED.. Plsr.. Adams stated that the staff.had started working on some recommendations and the concerns expressed this evening have also been those of the.staff. He said. he.would like to take the recommendations.made.this evening and work them in with'the staff's recommendations and return next week with Traffic Engineer Bill Nims to discuss them. COUNCILMEMBER NAUGHTEN-MOVED, SECONDED BYCOUNCILMEMBER GOULD,.THAT NO PARKING BE PERMITTED FROM 7TH AVE WEST ON THE'SOUTH SIDE OF DAYTON. MOTION CARRIED. (Councilmember Nordquist left the meeting at this time_, 10:20 p.m.) COUNCILMEMBER NAUGHTEN MOVED THAT. THE BUS STOP ON MAIN ST. BE MOVED .TO EAST OF 7TH AVE.-NEXT TO THE ENTRANCE OF THE ANDERS611 CENTER TO REDUCE THE TRAFFIC COMING UP MAIN' ST. AS IT APPROACHES THE" CROSSWALK AND TO ALLOW THAT.AREA TO BE USED FOR TEMPORARY PARKING OF-15-MINUTE DURATION. MOTION FAILED FOR LACK OF A SECOND. Councilmembe'r.Kasper felt.the bus -turnouts should. be given a trial, noting that there is extra depth there for the buses and that considerable parking already had been removed from the street. Councilmember Could also thought the bus turnouts should be given the opportuni.ty to be tested. Councilmember Kasper thought - the curb to be 6" to 1' farther out than necessary and he thought the center line might be able to.be moved slightly. COUNCIL Councilmember Jaecin said the Finance Committee had.met this evening.and had reviewed the attorney's fees. regarding.i_IDs and recommended increasing the minimum from $300 to $500; and to change the percentage to 3% on the first $50,000, 2% on the amount between $50,000 and $100,000, 1% on $100,000 to.$500,000, and negotiate,the.figure over $500,000._'The City Attorney recommended 1/2% or -as negotiated. She'said these are based on direct costs (actual costs of labo.r.and materials, excluding engineering costs, interest, printing of bonds, and other miscellaneous indirect fees). Mr. Tanaka said that conforms with present practice. COUNCILMEMBER JAECH MOVED, SECONDED.BY COUNCILMEMBER' ALLEN, TO DIRECT THE CITY ATTORNEY TO DRAFT.THE APPROPRIATE,ORDINANCE,FOR THE SEPTEMBER 1.4, 1982 MEETING AND -THAT THE FINANCE.DIRECTOR PROVIDE SOME SAMPLE FIGURES.' MOTION CARRiED. .Regarding the new -fire engine, Councilmember Jaech_said the Finance Commi.ttee..looked.'at several options of financing; which she described, and recommended taking a.loan at 9%:.and setting aside $80.,000 from the Library Fund.at a higher rate of interest so interest"will more than pay for the interest on the loan, and.in the budget determine from where to take it.' COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ACCEPT THE.FINANCE COMMITTEE'S RECOMMENDATION. MOTION CARRIED. Councilmember Jaech said the Finance Committee had cost of a word processing and data processing unit resources in that connection must be discussed. discussed a word processing unit and.that the would be approximately $110,000. She said people The budget discussion and hearing dates were noted. rim September 7, 1982 - continued 0 Councilmember Jaech asked for information as to when the sewer contracts will be up with the other cities, the information to be placed in the packets. Councilmember Jaech asked the Finance Director to look at the possibility of averaging the monthly utility bills and reading the meters.only twice a year to see if it would save money.. Mayor Harrison said the Public Works Superintendent had eliminated that as a possibility because it is felt that they need to look.at the meters every other month for, maintenance purposes. Councilmember Jaech said she would like to know what could be saved and whether any other cities are doing it. Council - member Hall.commented that in some places the occupant reads the meters and mails in a card to report the reading. Mayor Harrison said he supports the view of fewer readings. Councilmember Jaech noted that there was a memo from the City Engineer regarding secondary sewer treatment and submission of the application for waiver. Mr. Adams said he would like to advertise for a consultant to start the procedure. This was discussed, after which COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER..ALLEN, TO PLACE THIS ON THE SEPTEMBER 14, 1982 AGENDA.AND IN'THE MEANTIME TO.FIND OUT WHAT RICHMOND.BEACH AND LYNNNWOOD ARE DOING AND WHAT IT HAS COST THEM. Mr. Adams said,both had applied for a waiver. Councilmember Gould said he did not think they would get anywhere by,delaying it. He thought.it would be irresponsible not to apply for a waiver of secondary treatment and.that they needed to..go forward with the first step and get the consultant and get to the bottom of. the first column.on the chart Mr. Adams had displayed. He said they have to follow the Executive Order or they will_.be liable for any .legal actions for not providing treatment man- dated by law. THE MOTION FAILED, WITH ONLY COUNCILMEMBER KASPER VOTING YES. COUNCILMEMBER ALLEN . THEN MOVED, SECONDED BY COUNCILMEMBER.GOULD, TO PROCEED. MOTION CARRIED, WITH COUNCILMEMBER HALL VOTING NO. Councilmember Hall said she had met Jack Bevin, a former Councilmember, who was*very enthusiastic about the plantings around the City. Councilmember Hall said the newly installed.street lights have eliminated her night-time view of the Sound. She was told that high-pressure sodium lights had been installed for energy efficiency, but she asked Mr —Adams to check into it. COUNCILMEMBER.GOULD MOVED, SECONDED BY COUNCILMEMBER HALL, TO SET OCTOBER 19, 1982 TO DISCUSS THE SNOHOMISH COUNTY JAIL FEES. MOTION CARRIED. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER KASPER TO SET SEPTEMBER 14, 1982 TO DISCUSS THE POLICY FOR'USES AND THE RENTAL:FEES OF'THE NEW LIBRARY COMPLEX. MOTION CARRIED. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER KASPER, TO PLACE ON THE OCTOBER 12, 1982 AGENDA A DISCUSSION OF INDUSTRIAL REVENUE BONDS AS PROPOSED BY WILLIS TUCKER. MOTION CARRIED. COUNCILMEMBER ALLEN MOVED, SECONDED.BY COUNCILMEMBER GOULD, TO PLACE ON THE OCTOBER 12, 1982 AGENDA A DISCUSSION OF ADDITIONAL LIVING UNITS IN SINGLE-FAMILY HOMES. MOTION CARRIED. Councilmember Allen noted that,letters were received commending the Parks and Recreation Department and thanking them for their summer program and for the contribution of $496.88 to Children's Ortho- pedic Hospital from the Penny Carnival. Councilmember Naughten asked the status of the traffic light on Edmonds Way and 226th, and City Engineer Jim Adams responded that they have advertised for a consultant. Councilmember..Naughten said he had a possible tenant for the Public Works Building if it will be for rent. He said SNOCOM may be interested. Council President Kasper noted.the National League of Cities convention in November at Los Angeles, and Councilmember Hall said she planned to attend. Council President Kasper said he would bring it up again next,week because of funding for it. Council President Kasper reported that an.option was obtained for the lot proposed for storage and a report will be forthcoming from the Staff regarding rezone potential. Council President.Kasper reminded everyone.of the retreat, and Councilmember Gould said they should look back to their goals to see if they mesh with the Staff's goals. The retreat was briefly discussed. There was no further business.to.come before the Council, and the meeting adjourned at 11:15 p.m. IRENE VARNEY MORAN, CVty Clerk HARVE H. HARRISON, Mayor a 1 1 1