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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 Parking and meeting rooms are accessible for persons with disabilities. 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.