09/02/1997 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES
SEPTEMBER 2, 1997
The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Pro Tem Dave Earling in
the Library Plaza Room, 650 Main Street, followed by the flag salute.
ELECTED OFFICIALS PRESENT
Dave Earling, Mayor Pro Tem
Roger L. Myers, Council President Pro Tem
John Nordquist, Councilmember
Jim White, Councilmember
Dick Van Hollebeke, Councilmember
Gary Haakenson, Councilmember
Thomas A. Miller, Councilmember
ABSENT
Barbara Fahey, Mayor
ALSO PRESENT
Andy Streit, Student Representative
1. APPROVAL OF AGENDA
STAFF PRESENT
Al Compaan, Assistant Police Chief
Paul Mar, Community Services Director
Art Housler, Administrative Services Director
Jeff Wilson, Planning Supervisor
Scott Snyder, City Attorney
Sandy Chase, City Clerk
Jeannie Dines, Recorder
Mayor Pro Tem Earling requested a 15-20 minute Executive Session regarding a legal issue be added to
the agenda as Item 3a.
COUNCIL PRESIDENT PRO TEM MYERS MOVED, SECONDED BY COUNCILMEMBER
MILLER, TO ADD AN EXECUTIVE SESSION REGARDING A LEGAL MATTER TO THE
AGENDA AS ITEM 3A. MOTION CARRIED.
COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM
MYERS, FOR APPROVAL OF THE AGENDA AS AMENDED. MOTION CARRIED.
2. CONSENT AGENDA ITEMS
Mayor Pro Tem Earling pulled Item B from the Consent Agenda.
COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM
MYERS, FOR THE PASSAGE OF THE REMAINING CONSENT AGENDA ITEMS. MOTION
CARRIED. The agenda items approved are as follows:
(A) ROLL CALL
(C) APPROVAL OF CLAIM WARRANTS #18958 THRU #19686 FOR THE WEEK OF AUGUST
25, 1997, IN THE AMOUNT OF $158,514.59
Edmonds City Council Approved Minutes
September 2, 1997
Page 1
(D) ORDINANCE NO. 3160 SPECIFYING THE REVENUE FUNDS TO SERVE AS THE
DEPOSITORIES FOR THE REAL ESTATE EXCISE TAX
Item B: Approval of City Council Meeting Minutes of August 26, 1997
Mayor Pro Tem Earling said he pulled this item to abstain from the vote as he was absent from the
August 26, 1997, Council meeting.
COUNCIL PRESIDENT PRO TEM MYERS MOVED, SECONDED BY COUNCILMEMBER VAN
HOLLEBEKE, FOR APPROVAL OF CONSENT AGENDA ITEM B. MOTION CARRIED,
MAYOR PRO TEM EARLING ABSTAINED. The item approved is as follows:
(B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF AUGUST 26,1997
3. AUDIENCE
Mayor Pro Tem Earling welcomed Snohomish County Councilmember, Gary Nelson, who would speak
regarding Item 4.
Al Rutledge, 7101 Lake Ballinger Way, Edmonds, advised there would be a meeting of the Friends of
Athletics on September 3 and reported there may be an initiative next year for ballfields throughout the
state. He pointed out the need for the City to address solutions to flooding on Lake Ballinger.
3a. EXECUTIVE SESSION
Session
Mayor Pro Tem Earling apologized to the members of the public who were present to address other
agenda items for the delay caused by the Executive Session. City Attorney Scott Snyder requested labor
negotiations be added to the Executive Session.
At 7:08 p.m., Mayor Pro Tem Earling recessed the Council to Executive Session for discussion of a legal
matter and an update on labor negotiations. The meeting was reconvened at 7:38 p.m.
DISCUSSION AND POSSIBLE COUNCIL ACTION RELATED TO REFERENDUM 96-01
WHICH READS AS FOLLOWS: "SHALL ORDINANCE NO. 96-045, WHICH AMENDS
EXISTING COUNTY CODE PROVISIONS RELATING TO EROTIC DANCERS AND EROTIC
DANCE STUDIOS AND ADDS NEW PROVISIONS PROVIDING FOR LICENSING AND
REGULATION OF ADULT ENTERTAINERS ADULT ENTERTAINMENT DANCE STUDIOS,
AND ADULT ENTERTAINMENT DANCE STUDIO MANAGERS AND EMPLOYEES, BE
RATIFIED AND APPROVED?"
a. PROPOSED RESOLUTION OF THE CITY OF EDMONDS IN SUPPORT OF THE
PASSAGE OF REFERENDUM 96-01 RELATING TO THE REGULATION OF ADULT
ENTERTAINMENT IN SNOHOMISH COUNTY
Mayor Pro Tem Earling noted it was timely that the Council address this issue as it would be on the
September primary election ballot. At this time, the Council would discuss the issue as well as take
public testimony.
City Attorney Scott Snyder explained the State Statute limits the City Council in how it may act to
oppose or promote a ballot issue and requires the Council to hear both sides before acting.
Gary Nelson, Snohomish County Councilmember, supported the Resolution proposed to support the
yes vote on Referendum 96-01. He read the Resolution that will be addressed by the Snohomish County
Council in support of this ballot measure. The Resolution encourages a yes vote on Referendum 96-01
Edmonds City Council Approved Minutes
September 2, 1997
Page 2
which would require lawful behavior at erotic dancing establishments. Ordinance No. 96-045, adopted
by the Snohomish County Council on June 24, 1996, and signed by the Snohomish County Executive,
established, among other regulations, that erotic dancers maintain a distance of no less than 4 feet while
performing private dances for patrons and that such adult entertainment establishments be lighted and
configured in such a manner as to allow for effective supervision of dancers and patrons. Following
approval of Ordinance No. 96-045, opponents of the stricter regulations filed a referendum petition
against the ordinance and collected the required number of signatures to qualify the referendum for the
September 16, 1997, primary election ballot. The Snohomish County Resolution encouraged citizens to
vote yes on Referendum 96-01 in order that the lawful and effective standards enumerated in Ordinance
No. 96-045 would finally and permanently take effect.
Mr. Nelson addressed the question why cities. would be interested in supporting this referendum as the
ordinance addresses only the unincorporated portion of Snohomish County. He pointed out cities would
annex many of these areas; therefore, it was in cities' as well as citizens' best interests for the City
Council to pass a resolution supporting a yes vote on Referendum 96-01.
Lois McGrew, 1103 5th Ave S, Apt. 209, Edmonds, was concerned for all children in Snohomish
County, particularly their morals. She noted erotic dancing establishments have low moral standards and
a terrible influence on children and adults. She said the adult entertainment industry claims it is being
over -regulated by the Snohomish County Council and opposes Referendum 96-01. She said erotic
dancing establishments lowered community and property values and invited more crime into
neighborhoods. She pointed -out the stricter laws would have taken effect last year if an erotic dance club
south of Everett had not gathered enough signatures to force a public vote on the issue. She said the
Snohomish County regulations are aimed at reducing prostitution and other illegal acts. She pointed out
that the petition circulated by the industry had deceptive wording and the public needed to be aware it
was necessary to vote yes for Referendum 96-01 in order to say no to the adult entertainment industry.
Arlene Noyes, Mountlake Terrace, said opponents of Snohomish County Ordinance 96-045 believe it
will eliminate table dancing through the mandatory 4 foot separation between dancers and customers.
She pointed out at least 4 feet was likely necessary to see the dance. Opponents also believe public
dollars are being wasted on undercover operations. She noted undercover officers patrol the clubs due to
the documented violations caused by dancers being less than 4 feet from customers. She noted
Referendum 96-01 did not restrict nude dancing but regulated sexually oriented businesses to prevent
easy violation of the law which could eliminate the need for so many undercover officers. She said
Referendum 96-01 asks for restraint, regulation, and protection. She pointed out the need for firm laws
for sexually oriented businesses, reasonable laws the Snohomish County Council supports. She urged
the public to vote yes to say no to adult entertainment. She provided donation cards to the City Clerk and
invited anyone interested in donating to contact the New Beginning Church in Mountlake Terrace.
Doris Klug, 3607 152nd NE, Marysville, said she was asked to speak in support of Referendum 96-01.
She reported Honey's wanted to expand in the Smokey Point area, 300 feet from her backyard. Her
investigation found that property values decreased, crime increased, and business activity decreased for
businesses within the proximity of such an establishment. She pointed out supporting the regulation of
erotic dancing establishments would make it unprofitable for them to operate. She urged the public's
support to prevent other erotic dancing establishments from locating in other communities. She noted
the community's support prevented Honey's from locating near her home.
Barb Thompson, 22413 93rd Place W, Edmonds, urged the Council to use its power to inform the,
community of the need to vote no in order to say yes on this referendum.
Edmonds City Council Approved Minutes
September 2, 1997
Page 3
Al Rutledge, 7101 Lake Ballinger Way, Edmonds, said he has addressed adult entertainment in the
past. He referred to a decision by the Province Town, Massachusetts school district to teach students
alternate sexual orientation and an initiative to prevent this which he recommended the City investigate
further. He urged the public to vote yes on Referendum 96-01.
Councilmember Van Hollebeke thanked the members of the public who provided testimony. He
explained he was involved in drafting the ordinance for Snohomish County and was pleased the City
planned to endorse it. He noted a great deal of thought and work went into the creation of the ordinance,
including public testimony regarding the dangers created in neighborhoods by erotic dancing
establishments. He pointed out such establishments cannot be legislated out; they can only be controlled.
The Snohomish County ordinance is only intended to control erotic dancing establishments and voters
are now being asked to allow the County to enact the ordinance. The ordinance will provide assistance
to cities due to annexation possibilities and by preventing establishments from entering other
communities. He stressed voters must vote yes to say no to prevent the lax regulations the industry
would prefer. He thanked the Council for their support in advance.
Council President Pro Tem Myers urged citizens who had questions regarding the Snohomish County
ordinance to read the Everett Herald article regarding County Councilmember Nelson's presentation.
Councilmember Miller commented that as a former police chief, he was aware that secondary crimes
related to erotic dance clubs were well documented. Within 1,000 - 1,500 feet of the clubs, the
secondary crimes are significant and include drug activity, prostitution, and associated neighborhood
nuisances. He pointed out areas in unincorporated Snohomish County on Hwy 99that could
significantly impact Edmonds' residents. He supported the resolution and urged the public to vote yes to
say no on Referendum 96-01.
Student Representative Streit pointed out this issue also affected teens and urged the public to vote yes to
say no.
COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER
MILLER, TO SUPPORT RESOLUTION NO. 886, A RESOLUTION OF THE CITY OF
EDMONDS IN SUPPORT OF THE PASSAGE OF REFERENDUM 96-01, RELATING TO THE
REGULATION OF ADULT ENTERTAINMENT IN SNOHOMISH COUNTY. MOTION CARRIED.
Mayor Pro Tem Earling encouraged the audience to pass the message on to others that it is necessary to
vote yes to say no on Referendum 96-01.
Mr. Snyder requested the Council's permission, if the Referendum was successful, to review the City's
adult entertainment ordinance. He noted the City's ordinance included most of the restrictions in the
Snohomish County ordinance although there were some slight differences in language and format. He
said it was in everyone's best interest to have a seamless regulation for the benefit of the police officers
who support it. Minor adjustments to the format, reporting, and regulatory requirements to ensure the
County and City's ordinances are virtually the same would assist regulatory officials and eliminates any
incentive for an establishment to locate in either jurisdiction. Mayor Pro Tem Earling agreed.
5. CONTINUED STUDY SESSION ON PLANNING BOARD RECOMMENDATIONS ON
COMPREHENSIVE PLAN AMENDMENTS
Planning Supervisor Jeff Wilson noted Planning Manager Rob Chave provided an update to the Council
last week on several of the proposed changes to the Comprehensive Plan that had been reviewed by the
Edmonds City Council Approved Minutes
September 2, 1997
Page 4
Planning Board through a public hearing process. He said the purpose of the study session this evening
was to present the map changes that had been considered in six areas. He stated individual notices were
sent on each area in_order to involve as much of the public as possible in this process. He displayed a list
of the areas, their acreage, current zoning, proposed designation, and the Planning Board's
recommendation.
The first proposed change is 5.2 acres located near five corners and Main Street; and the majority of the
property is presently zoned RS -8 and proposed to be designated RM 2.4 (medium density residential).
This property has undergone several reviews in past years. He noted there are other properties under
common ownership that are zoned multi -family. The proposed change would revise the land use
designation so the remaining five acres would be consistent with other properties under single
ownership. After reviewing this proposal and taking considerable testimony, the Planning Board
recommended denial. Mr. Wilson identified the area, surrounding properties, and existing zoning. He
said the concerns expressed at the public hearing and addressed by the Planning Board during their
deliberation were traffic, access, safety, and compatibility with surrounding uses including transition
from multi -family to the existing single family, dealing with the hillsides, and preserving the existing
vegetation.
The second proposed change is 1.4 areas located east of 6th Avenue to the parking lot on the west side of
the library, between Main Street and Dayton Street. He noted there are presently portions zoned BC
(Community Business) and portions zoned multi -family. Following its review, the Planning Board felt it
would be appropriate to amend the Comprehensive Plan to create one designation for this area—mixed
use commercial. Although this would result in one use, the condominium complex, becoming a legal
non -conforming use, there would not be any difficulties maintaining that use. He noted there was
already some commercial use occurring in most of the properties in this area. The change would not
alter building heights, it would only recognize the current development pattern. He noted there was no
public testimony regarding this proposal.
The third area, located in areas 5 and 10, began as two separate proposals, one on the west side of 95th
and the other on the east side of 95th. These areas were combined due to similar issues. The Planning
Board received a great deal of testimony on this proposal from affected property owners and surrounding
property owners. Following the Planning Board's consideration of the potential impacts of the change to
the land use designation as well as the concerns expressed by the affected property owners, they were
unable to reach consensus on this issue. Mr. Wilson identified the area and surrounding properties on the
map, and their present zoning. He pointed out property to the north of 228th is zoned single family and
includes a change in the elevation—property in the northwest corner has very steep slopes. Concerns
were expressed that extending the BN designation to the north would cause it to reach into the residential
areas. There were also concerns expressed regarding the stability of the slope. The Planning Board
struggled with the fact that these properties, under their present residential designation with a State
Highway on one south side and streets on three sides of some of the properties, were not conducive to
residential uses, particularly single family. The Planning Board considered how to balance potential
impacts to the residential area to the north and allow property owners fronting on Edmonds Way to have
reasonable use of their property. After considerable hearings, discussion, and deliberation, the Planning
Board was unable to agree on an appropriate designation and agreed to forward the proposal for this area
to the Council without a recommendation. Mr. Wilson indicated the Planning Board's discussion was
outlined in their minutes which had been provided to the Council. He noted one of the property owners
commissioned a traffic study which was also included in the record.
Edmonds City Council Approved Minutes
September 2, 1997
Page 5
Council President Pro Tem Myers asked Mr. Wilson to identify the cliff and where 95th intersects SR
104. Mr. Wilson displayed a topographical map, identifying the toe of the slope. He said the Planning
Board also considered whether the slope could provide some type of buffer. He described the grade on
95th, pointing out the properties on the east and west of 95th are slightly lower than the SR 104 area.
Council President Pro Tem Myers recalled the Planning Board was interested in some type of
compromise. Mr. Wilson explained staff developed the current configuration after the first few hearings
as a possible way to provide continued buffering of residential areas as well as recognize that
maintaining the present residential designation was not necessarily practical or feasible for the property
owners fronting on Edmonds Way. He reiterated the Planning Board was unable to reach consensus due
to concerns with access, safety and use of the property.
Councilmember Nordquist recalled the County was mining the hillside for gravel several years ago.
Either a court order or the County Council halted all excavation from the hillside due to stability issues.
He pointed out there was only one way to exit the property—to the right due to the curve in ,the
intersection. He suggested a mini -park be considered with a bigger bus turnout for CT. Mr. Wilson said
these same comments were made during the public process. The Planning Board's discussion considered
if commercial designation were allowed and with redevelopment potential, there may be a greater
opportunity to have a positive effect on the site layout and the ability to address mitigation measures that
may be necessary for safety. Under the single family designation, there likely would not be that ability
and may be very costly for the property owner to make those changes. He explained one of the property
owners is concerned about the long-term viability of their property. Staff was cautious in its approach to
a mini -park because lowering a property's designation from residential, could place the City in a
precarious position.
The fourth proposed amendment, located in Area 7, would amend the Comprehensive Plan from medium
density multi -family residential (RM 2.4) to a higher density multi -family residential (RM 1.5). This
property is located in the vicinity of the hospital. The Planning Board recommended denial of this
change as it is in the medical use activity center. The flexibility provided by the medical use activity
center designation would make it possible to achieve some of the same things the property owner was
interested in without changing the land use designation. During the Planning Board's consideration of
this item, there was no public comment other than public testimony provided by the property owner who
initiated the request.
The fifth proposed amendment, located in Area 8, one of the newly annexed areas (8539 238th Street
SW), is a request to change from an RS -8 (single family) to multi -family. Mr. Wilson identified the area
proposed to be changed, surrounding properties, and existing zoning designations. He explained under
Snohomish County's zoning classification of single family, if a property owner had 1 %i times the lot area,
a duplex would be permitted in a single family zone. The City of Edmonds does not have any
comparable zoning. Mr. Wilson identified a parcel in the area developed with a duplex and a parcel with
a single family residence. Following the hearing process and public testimony, it was learned another
property to the east was also developed with a series of duplexes. The Planning Board recommended
changing the designation in the area to low density multi -family in order to recognize the existing
development pattern. He noted Edmonds' RM -3 designation would result in only a slightly higher
density (one to two units) as compared to the County's duplex development pattern. He. noted the
Planning Board minutes reflected the discussion regarding this issue, particularly 238th's importance as a
corridor connecting Hwy 99 and Edmonds Way. He stated staff would be reviewing this area as a whole
in more detail during the coming year.
Edmonds City Council Approved Minutes
September 2, 1997
Page 6
Mr. Wilson identified the location of the final proposed amendment. He pointed out during the adoption
of comparable zoning designations in the Forest Glen annexation area, it was determined that this area
was zoned single family but there was an existing gas station on the north side of 238th at 100th Avenue
as well as a dental office on the south side of 238th. This development was inconsistent with the zoning
although it was unclear how this occurred. He identified the gas station at the corner of 100th Avenue
and Firdale Avenue, noting this was the only area, other than the single family, that was properly zoned
for the existing use. The request is to create a neighborhood -level commercial activity, to allow existing
uses to be in compliance with the zoning designation which would permit property owners to upgrade,
remodel, etc. more easily. After reviewing this request, the Planning Board recommended the Council
consider an amendment to the Comprehensive Plan to allow this change to occur. He stated there had
been no testimony regarding this change.
Mayor Pro Tem Earling asked the timeline for concluding the amendments to the Comprehensive Plan.
Mr. Wilson advised a public hearing could be scheduled for September 23 or 30, or October 7. Staff
would like to complete the amendments to the Comprehensive Plan as early as possible, prior to the
Council's consideration of the 1998 budget. He explained there had not been a lot of public participation
regarding the text changes. Four of the six land use map changes also had not generated a great deal of
public participation; two of the areas were likely to generate a fair amount of discussion and debate
during the public hearing process.
Mayor Pro Tem Earling suggested Mr. Wilson, Mr. Chave and he develop a schedule for the review of
the Comprehensive Plan amendments. He preferred not to do all the public hearings at one Council
meeting.
Mayor Pro Tem Earling commented that one final action regarding the Comprehensive Plan amendments
was necessary, but hearings on each land use change could be done separately.
6. MAYOR
Mayor Pro Tem Earling announced there would be an Executive Session regarding labor negotiations at
Time on 9/9 6:30 p.m. on September 9, preceding the Council Committee meetings.
Mayor Pro Tem Earling requested any Councilmembers interested in attending the Cities and Towns
Towns meeting on September 18 in Marysville contact Council Assistant Jana Spellman.
Meeting
7. COUNCIL
COUNCIL PRESIDENT PRO TEM MYERS MOVED, SECONDED BY COUNCILMEMBER VAN
HOLLEBEKE, TO EXCUSE MAYOR PRO TEM EARLING FROM THE AUGUST 25, 1997,
COUNCIL MEETING. MOTION CARRIED, MAYOR PRO TEM EARLING ABSTAINED.
Councilmember Nordquist recognized Ken Gaydos, who received the John Price Chaplain Award, a
of Ken national recognition for outstanding service. Mr. Nordquist described the services Mr. Gaydos has given
Gaydos to the community including providing living s aces money and clothing for those in need through the
resources he has developed. Also, with the work he has done through the Police and Fire Departments,
Mr. Gaydos has touched many lives. Councilmember Nordquist thanked Mr. Gaydos for his service to
the community.
With no further business, the Council meeting.was adjourned at 8:48 p.m.
BARBARA S. FAHEY, MAYOR
SANDRA S. CHASE, CITY CLERK
Edmonds City Council Approved Minutes
September 2, 1997
Page 7
AGENDA
EDMONDS CITY COUNCIL
Plaza Meeting Room - Library Building
650 Main Street
7:00 -10:00 p.m.
SEPTEMBER 2, 1997
7:00 P.M. - CALL TO ORDER
FLAG SALUTE
1. APPROVAL OF AGENDA
2. CONSENT AGENDA ITEMS
(A) ROLL CALL
(B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF AUGUST 26, 1997
(C) APPROVAL OF CLAIM WARRANTS #18958 THRU #19686 FOR THE WEEK OF AUGUST 25, 1997, IN THE
AMOUNT OF $158,514.59
(D) PROPOSED ORDINANCE SPECIFYING THE REVENUE FUNDS TO SERVE AS.THE DEPOSITORIES FOR
THE REAL ESTATE EXCISE TAX
3. AUDIENCE (3 minute limit per person)
4. (15 Min.) DISCUSSION AND POSSIBLE COUNCIL ACTION RELATED TO REFERENDUM 96-01 WHICH READS AS
FOLLOWS: "SHALL ORDINANCE NO. 96-045, WHICH AMENDS EXISTING COUNTY CODE PROVISIONS
RELATING TO EROTIC DANCERS AND EROTIC DANCE STUDIOS AND ADDS NEW PROVISIONS
PROVIDING FOR LICENSING AND REGULATION.OF ADULT ENTERTAINERS, ADULT ENTERTAINMENT
DANCE STUDIOS, AND ADULT ENTERTAINMENT DANCE STUDIO MANAGERS AND EMPLOYEES, BE
RATIFIED AND APPROVED?" PUBLIC TESTIMONY WILL BE RECEIVED.
a. PROPOSED RESOLUTION OF THE CITY OF EDMONDS IN SUPPORT OF THE PASSAGE OF
REFERENDUM 96-01 RELATING TO THE REGULATION OF ADULT ENTERTAINMENT IN
SNOHOMISH COUNTY
5. (45 Min.) CONTINUED STUDY SESSION ON PLANNING BOARD RECOMMENDATIONS ON COMPREHENSIVE
PLAN AMENDMENTS
6. (5 Min.) MAYOR
7. (15 Min.) COUNCIL
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Contact the City Clerk at 771-0245 with 14 hours advance notice for special accommodations.
The Council Agenda appears on Chambers Cable, Channel 32.
Delayed telecast of this meeting appears the following Wednesday, Friday and Monday at noon on Channel 32.