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19840306 City Council Minutes�. Rarch 6, 1984 . The regular meeting of the Edmonds City Council was called to order at 7:30 p.m. by Mayor Pro tem Jo -Anne Jaech in the Plaza Meeting Room of the Edmonds Library. All present joined in the flan salute. PRESENT Jo -Anne Jaech Laura Hall Jack Wilson Steve Dwver Lloyd Ostrom John Nordquist Bill Kasper Brian Stewart, Student Rep. 1 n LJ 11 i 1 �7� ABSENT STAFF PRESENT Larry Naughten, Jim Adams, City Engineer Mayor Irene Varney Moran, City Clerk Steve Simpson, Parks &. Recreation Dir. Mary Lou Block, Planning Director Duane Bowman, Asst. City Planner Bobby Mills, Acting Public Works Dir. Dan Prinz, Asst. Police Chief Jack Weinz, Fire Chief Jim Jessel, Property Manager Join Wallace, City Attorney Jackie Parrett, Deputy City Clerk Mayor Naughten was attending a National League of Cities conference in Washington, D.C. Council - member Nordquist arrived at 8:15 p.m. Prior to the regular agenda a special presentation was made by the Boeing Seahorse Divers Club. They presented to the City for the Fire/Rescue Boat Fund the sum of $1,012.47, part of it being in memory of Mike Djakovich, a Boeing Seahorse scuba diver who lost his life in a search and recovery mission. They also presented a plaque in his memory which they asked to be mounted in the boat. CONSENT AGENDA Items (F) and (G) were requested by the staff to be removed from the agenda, to be considered at a later date. Those items were "Authorization for Mayor to sign.H. 0. Hutt Rental.Agreements" and "Proposed resolution for finalization of Sidewalk Improvement District 81-1," respectively. COUNCIL - MEMBER HALL MOVED, SECONDED 6Y COU14CILMEMBER OSTROM, 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 February 28, 1984. (C) Exchange of sanitary sewer easement for Seaview Pines No. 2. (D) Status report on Fire/Rescue Boat. (E) Semi-annual report from Police Chief regarding parole office on 212th. (H) Permission to sell surplus pumper. (I) Authorization to solicit bids for construction of 1983 street overlay projects. 4UDIENCE cordon Rosier, 16105 Meadowdale Beach Rd., noted that Kathy Sameis of The Herald had written a very comprehensive article about the pollution situation in Edmonds. He also noted that she is in the hospital and he suggested a card be sent to her (this had already been done). He corrected one item in the article, saying the.health officer had closed the beaches because of a red tide, not because of the pollution.. He noted that.one of the individuals in the article had indicated that for $5,000.- $7,000 a study could be accomplished to determine what pollutants are going into the Sound from tine Edmonds and Lynnwood treatment plants, and.it was his understanding that cyanide and cadmium have been detected, which are.used by plating companies. He had seen plating companies in the local telephone directory. He suggested that the money be spent in conjunction with.Lynnwood to see if there is a problem and to get the evidence. Councilmember Hall commented that Bob Boye, a member of the Planning Commission, had written a letter to the editor of the Post-Intelligencer on this same subject. She suggested the topic be placed on a Council agenda. It was decided to place it on the April 10 work meeting agenda. Councilmember Kasper asked how far north the current study goes, and City Engineer Jim Adams stated it is only directly in front of the City's outflow and as far as Sunset. Mr. Rosier also asked if the City has changed attorneys inasmuch as Wayne Tanaka has not been present recently, and if such changes are done with the concurrence of the City Council.. City Attorney John Wallace responded that their firm of Ogden, Ogden R Murphy represents the City and periodically, with the concurrence of the Councilmembers and the Mayor, the firm changes the person * who regularly provides the services. Mr. Wallace, himself, had done this before Mr. Tanaka, and Jim Murphy before Mr. Wallace. Currently, Mark Eames is the primary attorney for Edmonds. Roger Hertrich, 1020 Puget Dr., complained because his appeal has been rescheduled several times. He does not believe the delay is necessary because it does not have anything to do with the dis- cussions going on regarding the Sign Code. He strongly protested the delay and he proposed that the Council. come up, with some method whereby if there is a delay in a hearing and that is followed by a second delay.; that it go to the next Council meeting.,.whether it is a work meeting or, a regular meeting. He"also asked that they read the minutes of the last ADB meeting because his argument is also made by Mr. LaFon in those minutes. Dave Earling, 8629 187th S.W., expressed gratitude on behalf of the Edmonds Chamber of Commerce for the City's support of the Rosalynn Sumners celebrations. He provided to the Council the agenda for the upcoming DDAT visit, and he invited the Council to attend the dinner to be held on Friday, March 9, for the visiting team. *See March 12, 1984 Minutes March 6, 1984 - continued HEARING (CONTINUED FROM FEBRUARY 7) ON APPEAL FROM HEARING EXAMINER DECISION ON CONDITIONAL USE PERMIT FOR MINI -DAYCARE CENTER AT 21615 79TH AVE. W. (CU-54-83) (APPELLANT: BOHON) City Attorney John Wallace stated that this application involves a request for a conditional use permit in an RM zone and the Code requires that in this zone conditional uses may only be located on arterial streets. Therefore, since this application is not so located, the City is not in the position to grant a conditional use permit in this case. It was his recommendation that the appli- cation fee be refunded to the applicant and he said there were no further proceedings for the Council to engage in at this time. He noted that the hearing had been closed at the previous meeting and the matter had been returned to the Council for deliberation when it was continued. He said to resolve the problem a review and amendment to the. Code would be required, and the only recourse available was to request that the amendment process be started. He added that both the applicant and the principal appellant were notified of this, this afternoon. He said for the applicant to continue to operate she would have to obtain a home occupation permit which would allow not more than six children, and if the applicant does not apply for a home occupation permit the City will proceed to enforce its requirements. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, TO RETURN THE APPLICATION FEE. MOTION CARRIED. Dale Merrell, 22905 56th W., Mountlake Terrace, asked if this law was being applied in an arbitrary manner. Mr. Wallace responded that it is in the Code and has been for several years, and it is applied as it is brought to the City's attention, and the City responds on a complaint basis and does not seek out problems. Councilmember Dwyer added that it is unfortunate the way the timing is, but the daycare use started without any permit and there was no complaint as nobody was aware of it, and the City only became aware of it when the applicant applied for the conditional use permit. He noted that the issues appeared to -be different when it went before the Hearing Examiner and the Council, but when things were checked it came to a staff member's attention and that person called the City Attorney for clarification. He stated that the application could not go forward at the present time and there was no decision to be made because there was no decision allowed. Mr. Merrell thought it appeared that this was a loophole so -the Council would not have to make a deci- sion this evening. Councilmember Dwyer said if he had been aware of this he would have brought it up before it got this far, and it is inconvenient and embarrassing that it got this far, but it is not at all devious. Councilmember'Hall added that she had not been aware of this either until just this evening. Mr. Wallace then read from Section 16.30.030 D of the Code which states the require- ment that conditional uses be located on arterials in this zone. David Smith, attorney, practicing from the Olympic Bank building at 212th and Highway 99, asked if there is a difference between a conditional use permit and a home occupation permit, and Mr. Wallace said there is. COUNCILMEMBER DWYER THEN MOVED, SECONDED BY COUNCILMEMBER KASPER, TO CLOSE THE PUBLIC DISCUSSION AND MOVE TO THE NEXT.AGENDA ITEM. MOTION CARRIED. (Councilmember Nordquist arrived at this time, 8:15 p.m.) HEARING ON COVERING YOST PARK POOL Parks and Recreation Director Steve Simpson said he receives more requests to cover the pool, than any other thing in his department. The cost of covering it would range from $450,000 for a "bare bones" cover.to $1,200,000 for a cover designed specifically for Yost Pool. A new covered pool would cost between $1,200,000 and $1,800,000. Parking and access are adequate at Yost Park, but not ideal, for an intensely used pool. These facts had been discussed at Council meetings several times in recent months. The hearing was opened. Shirley Murdock, 716 9th Ave. S.., represented a group of swimmers who have been swimming for 10-15 years in the area, and she said Edmonds has provided them with a facility for three months of the year and they feel badly that the facility is deteriorating while other surrounding communities are • providing excellent swimming facilities for their citizens. She said the pool. is needed for recreation as well as for other things such as release from stress and physical therapy. She said it is used by young people as well as older people, and they want to do all they can to maintain the facility. Mr. Simpson noted that the Public Works Department is authorized this year to spend up to $140,000 for repairs and improvements to the pool, so it will be in good shape by the time it opens this summer. He hopes to expand the deck area and the fenced area. Win Kidd, 21628 96th Ave. W., near the pool, said it is essential that the pool stay open and in good repair as it is necessary for the young people in this town. She said the citizens had worked hard to get the pool and it should be kept in good condition. She felt there to be lots of ways to raise money for covering it. Jan Kavadas, 217 Alder, said she swims everyday and is in a master swimming program,.now swimming at 5:30 a.m. She said one gets in the habit of swimming at one pool and she felt covering the pool would increase the patronage. Dorothy Baker, 1511 8th P1. .S., swims.because she has arthritis and can use less medication by swimming. She said her .son got his entire college education by s1qimr9inq. She said a s!•rirnmino pool is a very beneficial thing, for the health and welfare of individuals and for the future of the children and grandchildren, and it tells the world the City cares about its citizens, just as the way park facilities and schools are cared for reflects that. She also felt it to be an investment and a good selling point for property. Penny Lyons, 9232 Bowdoin, has three children and said she is tired of driving them to Mountlake Terrace. They have only been to the Yost Pool about five times during the summer. She noted that the argument has been raised that covering the pool would increase the traffic on her street, but she lives there.and wants to negate that. She was surprised that more people were not present for this hearing, and she commented that there is a tremendous swimming program during the summer. She • thought the City should do something to provide this source of recreation for the children. March 6, 1984 - continued Will Smith, 732 Bell, formerly residing close to -the pool, said the underlying issue is the cost to operate the pool over and above ,ghat it can bring in as revenue. He said the Council has the responsibility -to operate.the pool to the best of their ability and they also have the responsibility to maintain budgetary restraints. He said the parking is not adequate for an intensely used pool. Mr. Simpson said the parking has-been adequate inasmuch as the pool has been operating for ten years with -no complaints to his knowledge about parking, and the theory is that if covered it would not generate more use than on its peak days during the summer.. Mr. Smith went on to say that Mr. Simpson had indicated that the pool cannot break even without the addition of new amenities, but he Felt an expanded facility would not be compatible with the park aspect. He noted that in the past he had presented petitions signed by people who did not want to see the park developed further. However, should there be a proposal for a covered pool or the addition of other things, he said he would like to help. He is an architect and said he could develop some basic concepts and probably save the City.the costs of some expensive consulting services. He said he did not want to fight the idea of developing Yost Park but he wantsto help the Council see what will happen if they do develop it. Mayor Pro tem Jaech read a letter from "Maureen Pierre, supporting conversion of Yost Pool to a year- round facility and offering time on a task force or other needed help. Peter Ruckert, 807 7th Ave. S., suggested that if the pool did not cover its own costs that it should be subsidized by other park facilities. He thought it a normal obligation of the Parks Department to make these things available, and he noted that when the pool is open in the summer there are other things people can do but in the winter there are not many things to do so it would be a benefit to have the pool. Bill Tyler, 8024 215th S.W., a member of the committee appointed by the Council to study the civic center playfield, said they have also looked into some things that can happen with Yost Pool and he suggested no action be taken until the report from the committee is heard. He said one of the things in their report has to do with whether a scheme can be incorporated that will include a new pool at the playfield, in an entirely new environment and making it more centrally located and causing less impact to Yost park. Dan Kidd, 21628 96th W., said he is very involved with the youth in this area and many of them are speaking out strongly asking what Edmonds is doing for them.. They are asking if Edmonds is turning into a retirement community and what is Edmonds doing for the youth. He said they need something strong and big which the other towns seem to be providing. He felt that anytime something is given to the youth somebody has to complain about it.. He observed that Yost Park is in an area with no traffic problems and that people will find a place to park and then walk to thepoolif that is necessary. The hearing was closed. Mr. Simpson was asked if Mountlake Terrace has increased attendance at their pool during the winter, and he replied that typically a covered pool gets more use in off seasons because there is not much else to do. He said Yost Pool will have some summers of more use than others, but overall if the pool is covered there still will be more summer use, but.they will not get the peaks they now get in exceptionally good weather. He observed that the summers here are cool and there are very few warm days. He could not project what the usage would be by those people now going to Mountlake Terrace or Lynnwood. Councilmember Dwyer found it difficult to picture any sort of cost effective use. He swims daily but now swims at the YMCA rather than going outside of Edmonds, and he recognized a number of the people testifying this evening. Mr. Simpson noted that the $450,000 cover would be a "bare bones" cover and to add a sauna and jacuzzi would not be expensive but would attract people. He noted that additional facilities to draw people reduce the difference in operating costs and revenue. Regarding the repairs to the pool, he said they have to wait for good weather before they can do some of the repairs. The pool • is usually opened the first week of June and he does not expect a delay this year. No action was taken on this item, and the next discussion will be that of the Civic Center playfield which will include some discussion regarding the pool. MAYOR Mayor Pro tem Jaech asked Mr. Wallace to remind Mr. Eames that the Council will be reviewing the Planning Board recommendations regarding the Sign Code on March 27, and Mr. Eames is to provide a recommendation on what can be done regarding existing nonconforming signs. Mayor Pro tem Jaech noted that the Edmonds Chamber of Commerce and the Edmonds Business Association will not be prepared to present their report next week, so she suggested the Council may wish to cancel that meeting. She has scheduled the Chamber and Business Association for April 24. COUNCIL - MEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO CANCEL THE SPECIAL MEETING OF MARCH 12, 1984. A ROLL CALL VOTE WAS TAKEN, WITH COUNCILMEMBERS KASPER, NORDQUIST, AND JAECH VOTING YES, AND .WITH COUNCILMEMBERS HALL, WILSON, DWYER, AND OSTROM VOTING NO. MOTION FAILED. Mayor Pro tem Jaech noted that Mayor Naughten had scheduled the next Town Hall meeting for May 1 in the Ballinger area. Councilmember Ostrom said it was his understanding that the Town Hall meetings would be in addition to regular Council meetings but.they are being substituted which detracts from the amount of time the Council has to act on regular City business. He thinks the Town Hall meeting concept is excellent, but that such meetings should not replace regular City Council meetings. Mayor Pro tem Jaech responded that the Mayor thinks the staff should be available at those meetings to answer questions but many of them are already involved in other meetings during the week. Councilmember Kasper suggested that the Town Hall meetings be held on the fifth Tuesdays which occur approximately four times a year. Councilmember Hall thought that was a good suggestion. She agreed that the Town Hall meetings are a good concept, but she did not think it necessary that all the staff be present, and she thought the Council should have its regular meetings in its regular meeting place. Mayor Pro tem Jaech will discuss these thoughts with Mayor Naughten. u March 6, 1984 - continued Mayor Naughten had provided the Council,a memorandum regarding some limited reorganization which he would like to implement immediately. Councilmember Hall wished to ask him some questions; there- fore, COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO DEFER THIS ITEM UNTIL THE MEETING OF MARCH 12, 1984. MOTION CARRIED. COUNCIL Councilmember Hall reported that the Public Safety Committee had met and reviewed the Fire Chief's requests. She said it still is not clear as to when an additional firefighter was meant to be funded, but she thought they should act to do so. Councilmember Hall read a letter from Rosemary Collins commending the City for quick repair of a downed street sign. Councilmember Kasper referred to Roger Hertrich's comments about delays of appeals and he recalled that the last one had been accepted without a letter, which he thought should not have happened. Councilmember Kasper commented on the large amount of use the library building is getting. He had observed over 200 people in the building one evening, some in the meeting room and some in the library proper, and he was interested that enlarging it had really increased the usage. Councilmember Kasper asked when the agenda for the April retreat will be available. Mayor Pro tem Jaech said it will be available in -two weeks. Councilmember Kasper asked how the questions will be selected that will be in the Mayor's questionnaire. Mayor Pro tem Jaech said that will be up to the Mayor. Councilmember Wilson noted that 35 employees had perfect attendance during the previous year, but none from the Parks and Recreation Department. Mr. Simpson.responded that one employee came close, • missing only two hours of work last year. There was no further business to come before the Council, and the meeting adjourned at 9:25 p.m. IRE E VARNEY MORAN City Clerk