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19760921 City Council Minutes• September 21, 1976 -The-regula'rime'eting of the Edmonds City Council was called to order at 7:40 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic -.Center. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Harve Harrison, Mayor Ray Gould J. Herb Gilbo, M.A.A. Phil Clement Leif Larson, City Engineer Max Gellert Joe Wallis, City Planner John Nordquist Marlo Foster, Police Chief ---- Robert Anderson Lila Crosby, Finance Director Tom Carns Harry Whitcutt, Building Official Mike Herb John Wallace, City -Attorney Wayne Tanaka, City Attorney Irene Varney Moran, City Clerk Jackie Parrett, Deputy City Clerk CONSENT AGENDA (7:41 p.m.) MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN ANDERSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The Consent Agenda contained the following: (A) Approval of Minutes of September 14. (B) Acknowledge receipt of Claim for Damages from Daniel Lee Lester. Copy of claim and supplement sent to insurance company immediately upon receipt. • '(C) Set date of October 5 for hearing P.C. Resolution 524, to amend Official Street Map to reduce designated right-of-way on Hindley Lane between 8th and 9th from 50' to 40'. (D) Passage of Ordinance 1870, annexing area north of 220th and east of 96th (approval received from Boundary Review Board). COUNCIL PARTICIPATION (7:41 p.m.) Mayor Harrison announced that there were two vacancies on the Planning Commission and two on the_P,a"rk Board, and he was offering several names for consideration of the Council. He said those named would be interviewed prior to next week's meeting so a decision could be made at the next meeting. The sug- gested names for the Planning Commission were: Fred Ross, to fill the position vacated by Ed Hayes, and Keith LaBelle, to fill the position vacated by Howard Washburn. Those suggested for the Park Board were: Bob Gustafson, to fill the position vacated by Larry Bailey, and Herb White, to be reappointed to the position he presently holds but which is expiring. Councilman Gellert referred to the visit made by the Council on September 18 to the John Johnson property. MOTION: A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CARNS, THAT OCTOBER 12 BE SET FOR DISCUS- SION OF THE POSSIBLE GIFT OF THIS PROPERTY TO THE CITY. MOTION CARRIED. Councilman Gellert asked that the Johnsons be notified and that for this discussion the policy of no audience participation be suspended. HEARING ON P.C. RESOLUTION 518, TO AMEND SECTION 12.10.'..110 (b) OF ZONING ORDINANCE TO PERMIT SINGLE FAMILY DWELLINGS IN RM ZONES LESS THAN 6,000 SQ. FT. (ZO-10-76) (7;49 p.m.) City Planner Joe Wallis said this had been staff initiated and had been heard before the Planning Commission on July 28 and had been recommended for approval. He said at the present time residential uses permitted in the RS zone are permitted in the RM zone, as regulated 'therein; that is, the least restrictive -uses of the RS zone arepermitted in the RM zone. He said he felt that constraint should • 'be'reduced even further to allow some variety of housing types in the City. He showed drawings of '',exampleg-of dwelling types intended for this use. He noted that the townhouse type of dwelling would accommoaate'individuals wanting a home without an extensive yard and without having to go to the con- dominium arrangement. It was also noted that, although front and rear setbacks would be required, there would be no side yard setback requirement, so buildings could share common walls. He said he had a statement of nonsignificant adverse environmental impact. The Building Official had indicated code requirements were met. Councilman Gellert pointed out that the examples shown by the'City Planner were award -winning designs and were very attractive. He was concerned, however, that these might not be the type of dwelling that would result. He also suggested that if the building lot were less than 6,000 sq. ft. the proposed dwelling should be reviewed by the Amenities Design Board. Another suggestion for lots under 6,000 sq. ft. was the requirement of a Conditional Use Permit. Mr. Wallis suggested that this type of development might be provided in a subdivision and the covenants of the subdivision could cover the elements which concerned the Council. The public portion of the hearing was opened. Bob Gustafson of 8602 Olympic View Drive felt there should be a minimum lot size requirement and also a minimum lot width requirement. Mr. Wallis then said he would like to investigate additional methods of implementing this concept. The public hearing was then closed. Councilman Anderson noted that the Council hdd expressed interest in this concept but felt additional MOTION: safeguards were needed. A MOTION WAS THEN MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CARNS, THAT P.C. RESOLUTION 518 BE DENIED, AND THAT IT BE REMANDED TO THE CITY PLANNER, BEING MINDFUL OF THE CONCERN OF THE COUNCIL FOR CONTROLS OVER THE MATTER OF TOWNHOUSES. MOTION CARRIED. HEARING ON P.C. RESOLUTION 521, TO AMEND THE OFFICIAL ZONING MAP TO REZONE PROPERTY LOCATED AT 23619 and 23625 79th AVE. W. FROM RS-8 TO RD. (R-5-76) (8:25 p.m.) Councilman Gellert asked the City Attorney whether he should step down, as he has a social relationship with Anthony C. DiPangrazio, the applicant. City Attorney John Wallace advised it would not be neces- sary` -that Councilman Gellert step down because of only a social relationship. Mr. Wallis reviewed the�;_+-s�' past action on:this application. There had been several applications for rezone in the past but each • had been denied. Mr. Wallis showed a zoning map of the area and also slides of the area under consider- ., ation. He also raeviewed the number of units permitted under various zonings. He noted that the area to • the south is well maintained RS-8, while the balance of the cul-de-sac to the north is RML. He felt'if the property under consideration were zoned RD it would offer a good gradation of zoning between the RML and RS. He also noted that RD zoning would restrict the height to 25'. A question arose as to whether this would be considered "spot zoning." City Attorney John Wallace advised that just because a small area is created of a particular zone classification and it is not contiguous to the same type of zoning, that is not "spot zoning." He said when the term "spot zoning" is used, an illegal zoning is indicated. Mr. Wallis referred to the environ- mental review and said no adverse environmental impact would be caused by a change to RD zoning on this property. The public portion of the hearing was then opened. Anthony C. DiPangrazio of 7108 230th S.W., Mouhtlake Terrace, the applicant, said there are beautiful apart- ments and condominiums on both sides of this cul-de-sac and he felt their environment would be deteriorated by putting anything less on these two lots at the back of the cul-de-sac. The public portion of the hearing was then closed. Councilman Nordquist expressed concern for the residents of the RS-8 cul-de-sac to the south of this property. He noted that they had spoken very strongly in the past, asking for protection from the encroaching multiple MOTION:zoning. A MOTIONWAS THEN MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN HERB, THAT ORDINANCE 1871 BE APPROVED, REZONING THE SUBJECT PROPERTY FROM RS-8 TO RD, IN VIEW OF THE PRESENTATION AND THE FINDINGS BY THE STAFF THAT THERE WOULD BE MINIMAL ADVERSE EFFECT, AND IN VIEW OF THE FACT THAT THIS IS PROPOSED AS A GRADATION BETWEEN THE EXISTING RML ZONE AND THE NEIGHBORING RS-8 ZONE, AND FINDING THIS TO BE AN APPROPRIATE ZONE. A question arose as to the possibility of the developer's increasing the number of units by combining the lots. City Attorney John Wallace read aloud a portion of City Code Section 12.13.060, indicating the intent of the RD classification is to protect quiet residential areas while allowing a limited increase in population density by permitting two attached dwelling units on a minimum sized lot. He noted that even if the two lots were combined the limitation would still be two dwelling units on one particular lot, so increased lot size would not warrant�increasing the number of dwellings. Councilman Clement noted that, because of the location of these two lots at the end of an RML cul-de-sac, they have little value as RS-8. He said they could only be developed as lesser valued homes, causing more of a problem to the property to the south than an economically sound RD structure. Councilman Carns felt the mistake in zoning had occurred when the front of the cul-de-sac was zoned RML. He said he was not convinced that changing this RS-8 to RD would rectify the other zoning which he felt was wrong. A ROLL CALL VOTE WAS TAKEN ON THE MOTION, WITH COUNCILMEN CLEMENT, GELLERT AND HERB VOTING YES, AND COUNCILMEN NORDQUIST, ANDERSON AND CARNS VOTING NO, RESULTING IN A TIE VOTE. MAYOR HARRISON VOTED YES, BREAKING THE TIE. MOTION CARRIED. PROPOSED ORDINANCE - CONTRACT REZONE: PORTION OF LOT 1, BODINE'S ADDITION (R-2-76) (9:03 p.m.) 1 • City Planner Joe Wallis reviewed the history of action on:_this proposed contract rezone. The location is off of Paradise Lane and 5th Pl. S. Mr. Wallis reviewed the conditions and said they had been met by the applicant. He said the applicant had been notified that there will be a review of the landscaping to see if it is sufficient. There are 12 units, and there could have been as many as 17. Mr. Wallis said to the north of this property are the Highland Park Apartments, some of the highest buildings in the City. He said others in the area are not high, and across the street are RX. He then showed slides of the area. No one in the audience wished to speak MOTION:on this matter. A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CARNS, THAT ORDINANCE 1872 BE APPROVED PURSUANT TO P.C. RESOLUTION 499, THAT THE MAYOR BE AUTHORIZED TO SIGN THE CONTRACT REZONE AGREEMENT AS PROVIDED FOR A PORTION OF LOT 1, BODINE'S ADDITION, AND THAT NO ADVERSE ENVIRONMENTAL EFFECT IS FOUND WITH THE PLANS AS SUBMITTED. MOTION CARRIED. PROPOSED RESOLUTION AND ORDINANCE RELATED TO THE FUNDING OF THE 88TH AVE. W. PROJECT (9:15 p.m. City Engineer Leif Larson reviewed the proposals to effect transfers of funds and increased revenues and expend- itures. He said the reason for the transfer of funds was the fact that during the preparation of the 1976 budget there were funds transferred to the Street Department for the Water/Sewer fund and you can only use those funds for storm drainage type projects and there is storm drainage type construction on 88th so they are doing the trading -on the 88th project. Mr. Larson recommended approval of the proposed resolution and ordinance. A MOTION MOTION:WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS TO APPROVE RESOLUTION 368, TRANSFERRING THE SUM OF $19,550.00 FROM THE WATER/SEWER CONSTRUCTION FUND NO. 412 TO THE STREET ARTERIAL FUND NO. 112 IN THE FORM OF AN INTERFUND LOAN TO BEAR INTEREST AT THE RATE OF 5% PER ANNUM ON THE DECLINING PRINCIPAL BALANCE AND TO BE RE- PAID ON OR BEFORE DECEMBER 31, 1977. MOTION CARRIED. A MOTION WAS THEN MADE BY COUNCILMAN NORDQUIST, SECONDED • �OTION:BY COUNCILMAN CARNS, TO APPROVE ORDINANCE 1873, AMENDING ORDINANCE 1808 TO INCREASE THE ESTIMATED REVENUES FOR THE STREET ARTERIAL FUND NO. 112 AND BY INCREASING THE PREVIOUSLY ESTIMATED REVENUE FOR THE STREET FUND NO. 111 AS AS INDICATED THEREIN. MOTION CARRIED. REPORT ON CABARET LICENSE FOR EDMONDS WEST TAVERN - 60-DAY TRIAL BASIS EXPIRES SEPTEMBER 19 (9:20 p.m. Police Chief Marlo Foster had provided a written report which he reviewed. He stated that in the trial period - there had been nine problems reported to the Police Department and those which were causing the Police Department the most concern were those allowing people to be inside the premises after closing hours. Chief Foster said the owners have little experience in this business and he felt a strong and experienced management was neces- sary to keep a cabaret dance from becoming a policing hazard. He said, for the present, he recommended against issuing a permanent cabaret license. He said the applicant will not object, as he had already discussed this with.:him. He said, further, that he had advised the applicant the he probably could try this again at some future time. A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN HERB, THAT A PERMANENT CABARET MOTION:LICENSE NOT BE ISSUED TO THE EDMONDS WEST TAVERN. MOTION CARRIED. PAVEMENT MARKING DEMONSTRATION PROJECT (9:23 p.m. City Engineer Leif Larson explained that the 1973 Federal Highway Safety Act provided for Pavement Marking Demonstration Programs to avoid hazardous highway conditions that may result from inadequate or inappropriate pavement markings. The City of Edmonds had submitted a project prospectus in the amount of $39,500 which was "­appraved:­Mr. Larson recommended that the City Council, by resolution, authorize the Mayor to accept the grant pursuant to the provisions under Title 23 as outlined in the project. A MOTION WAS MADE BY COUNCILMAN CARNS, :SECONDED BY COUNCILMAN NORDQUIST, THAT RESOLUTION 369 BE APPROVED, AUTHORIZING THE MAYOR TO ACCEPT THE GRANT FOR PAVEMENT MARKING DEMONSTRATION PROJECT. MOTION CARRIED. 1 There was no further business to come before the Council, and the meeting was adjourned at 9:25 p.m. '2W IRENE VARNEY MORAN,,,4tity Clerk H. H. HARRISON, Mayor