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19780523 City Council Minutes228 May 23, 1978 • The regula't meeting of the.Edmohds City Council was called to order at 7:30 p.m. by Mayor Pro tem Tom Carns in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. Mayor Harrison arrived shortly after the call to order. PRESENT STAFF PRESENT Harve H�rr.ison, Mayor Charles Dibble, M.A.A. Mike'Her6 Leif Larson, Public Works Director Phil Clement Noelle Charleson, Assistant City Planner Katherine Allen Irene Varney Moran, City Clerk John Nordquist Lila Crosby, Administrative Services Director Ray Gould Art Housler, Finance Director Tom Carns Marlo Foster, Police Chief Larry Naughten John Wallace, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The Consent Agenda contained the following: (A)i Roll call. (B) Approval of Minutes of May 16, 1978. (C) Passage of Resolution 403, requesting Legislature to approve six -year tax levy for emergency life support systems. (D) Acknowledgment of receipt of claims for damages from: Mary L. McKee in the amount of $32.09; Phil H. Hull in the amount of $334.95; and Warren E. Bohon in the amount of $1,500. (E) Acceptance of Quit Claim Deed for right-of-way in conjunction with short subdivision - A/B Construction Corporation. (F)' Setting June 20, 1978 for hearing of P.C. Resolution 593, recommending approval of proposed amendment to Zoning Code to amend setback'requirements for corner lots and for accessory structures, and amending the definitions of "corner lot" and "front yard." (File ZO-1-78) (G) Setting June 20, 1978 for hearing of P.C. Resolution 594, recommending adoption of a proposed amendment to the Zoning Code to change the density computation for joint residential and commercial use buildings in the BN, BC, and CW zones. (File ZO-4-78) (H) Setting June 20, 1978 for hearing of P.C. Resolution 595, recommending adoption of a proposed amendment to the Official Zoning Map to rezone property located 260' west of Highway 99, north of 228th S.W., from RML to BN. (File R-3-78) COUNCIL Councilman Nordquist commented that the street the Council had voted last week to reclassify from "Collector" to "Public Residential" is on the SCPTBA transit route. He suggested that when any such action again is recommended that the SCPTBA be contacted to determine its plans for the street. Council- man Nordquist also thanked the Council for their patience during the past few weeks when he had been late for meetings because he had been speaking to Boy Scout groups for fund raising. Councilman Naughten inquired about a memo from the Public Works Director regarding water service to the Nile Country Club. Mr. Larson responded that over the years the Nile Temple had expressed an interest in annexing the country club property to the City of Edmonds, but they now are proposing to annex to Mountlake Terrace in order to get water, and he only wanted the Council to be aware of this. Council- • man Nordquist said there are some major plans for changes on the grounds, and he suggested Mr. Larson contact the Nile Temple. Councilman Carns advised that the walkathon for Medic l.had been held the past weekend. He had partici- pated and he said he had a tremendous response from City employees in sponsoring him. Councilman Gould noted that the Council had been notified that Rod Garretson was resigning from his MOTION: position as Parks and Recreation Director. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN HERB, THAT THE COUNCIL AUTHORIZE THE MAYOR TO WRITE A LETTER TO ROD GARRETSON THANKING HIM FOR HIS SERVICE AS PARKS AND RECREATION DIRECTOR AND WISHING HIM WELL. POTION CARRIED. MAYOR Mayor Harrison advised that he -wished to reappoint Ann McGee to Position l-on,the Parking Commission. MOTION: She had served only one year. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO CONFIRM THE MAYOR'S REAPPOINTMENT OF ANN McGEE TO POSITION 1 ON THE PARKING COMMISSION, TERM TO EXPIRE MAY 1, 1981. MOTION CARRIED. Mayor Harrison noted.that--the City has -.a Fair Housing Commission which is required by ordinance and the purpose of which is to act on grievances and complaints against housing discrimination. He said they.meet on call, but to his recollection there had never been a need for the body to meet. All of the terms had expired April 22, 1978, and Mayor Harrison asked the Council if they wished to continue to have the Fair Housing Commission. Councilman Carns saw no reason to have them if they have never met. Councilman Clement suggested that the section of the ordinance requiring such a commission be placed on an agenda to determine a way in which to handle such a complaint. COUNCILMAN CLEMENT MOTION: THEN MOVED, SECONDED BY COUNCILMAN GOULD, TO PLACE ON THE JUNE 27, 1978 AGENDA A DISCUSSION OF THE SEC- TION OF THE -'ORDINANCE WHICH REQUIRES THAT THE CITY HAVE A FAIR HOUSING COMMISSION TO ACT ON GRIEVANCES AND COMPLAINTS AGAINST HOUSING DISCRIMINATION. MOTION CARRIED. Councilman Herb suggested that the members of the Commission be encouraged to attend that meeting. 0 • 229 May 23, 1978 -.continued 1 1 • is 1 1 Mayor Harrison said he had been studying the Sign Ordinance which the Council had passed last week. He had not yet signed that ordinance. He said there is orie.area of prime concern which he asked the Council to reconsider. On page 4 of the ordinance, in paragraph 1 of Section 20.10.030 which deals with the ADB review of signs, it states the ADB may reduce the allowable signage, sign area and/or sign height below the maximums otherwise permitted. Mayor Harrison felt a lot of opposition to the ordinance could be eliminated if the word "reduce" were changed to "modify" and the word "below" were .changed to "from,". thereby reading ". . . the ADB may modify the allowable signage, sign area, and/or sign height from the maximums otherwise permitted." This would permit the ADB to modify upward or downward where it may seem justified, giving them more flexibility to increase as well as reduce where justified. Mayor Harrison said it was felt the ADB is the proper body to do this since they can modify for appearance reasons, where the Board of -Adjustment could not modify except for hardship. In addition to this change, Mayor Harrison also asked that the last sentence of that paragraph be changed from "In no case shall the maximum sign area or sign height exceed the maximum stipulated in the following regulations." to "In no•case shall the total sign area,be reduced below that allowed under the ordinance." He said there are three added restrictions. under the new Sign Ordinance -- control of height,'sizes are reduced, and there is a provision for a 5-year life for nonconforming signs built since 1971, and the trade-offs would give the ADB flexibility. Councilment Carns and Gould both said they would be agreeable to the first change, but they could 'not accept the second. They.felt flexibility was needed for both directions, up and down. Mayor Harrison then said he would sign the Sign Ordinance if the Council agreed to make the first change he suggested, changing MOTION: the intent from "reduce" to "modify." COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO PLACE ON THE JUNE 6, 1978 AGENDA THE CONSIDERATION OF PARAGRAPH 1, SECTION 20.10.030, ON PAGE 4 OF THE SIGN ORDINANCE PASSED LAST WEEK, SPECIFICALLY TO CONSIDER CHANGING THE WORD "REDUCE" TO'.'MODIFY"AND THE WORD".`BELOW" TO "FROM." MOTION CARRIED. AUDIENCE Robert Driscoll of 514 Holly Dr. was present to protest the parking plan for a 12-unit condominium to be built on Holly Dr. He had attended a variance hearing on the proposal and was not opposed to the variance, but was opposed to the parking proposed to be perpendicular to Holly Dr. He was advised this would go before the ADB on June 7 and if he was not satisfied with the ADB decision he could file a written appeal of that decision with the Planning Department within 10 days, and that would bring it to the Council. He was also advised to visit the Planning Department in the meantime to be sure he was up-to-date on what was happening with regard to this matter. PROGRESS REPORT FROM LIBERTY TV CABLE, INC. Ted Lovett, Manager of Liberty TV Cable, reported that at the beginning of the construction program on March 23, 1978 the number of homes yet to be served in Edmonds was 458, and as of May 18, 1978 the balance was down to 271. He did not feel they would have any trouble meeting their construction deadline. Mayor Harrison announced that there would be an Executive Session following this meeting to review a labor agreement and the fishing pier parking _lot acquisition. HEARING ON P.C. RESOLUTION 592, RECOMMENDING APPROVAL OF A CONTRACT REZONE FROM RS-20 TO CW ON NORTHWEST CORNER OF .1.62ND W. AND 75TH PL. W. (KAUFFMAN) (R-2-77) Assistant City Planner Noelle Charleson showed the location of this property and showed slides of the site and surrounding area. The applicant had a 1,000 gal fuel tank on his dock and had been asked to move it onto ground because of fire hazard. He proposed to bury a 5,000 gal. fuel tank on this site, which would give him more fuel to service his increased boat capacity. In return for his requested rezone he proposed that no future structures would be built on the property. The zoning in the immediate area is RS-20, with CW on the waterfront. After this proposal.had been approved by the Planning Commission the applicant was asked by the Staff to have the property surveyed. The survey revealed that 75th P.I. W. is not in the right-of-way, but on Mr. Kauffmann's property, and he has subsequently dedicated that to the City in order that the roadway will be in the right-of-way. Slides shown of the area reflected the topography, the location of the tank, and the size of the tank. Ms. Charleson noted that the burying of the tank will guarantee no construction over it, open space in that area, and no view obstruction to properties east of the site. She reviewed the rezone criteria. Regard- ing conformity with the Policy Plan, she referred to. page 37 which speaks to commercial development and specifically to paragraph A.5. which states that commercial developments hould be carefully located and designed to eliminate or minimize the adverse impacts of heavy traffic volume and other related problems on surrounding land uses. She noted that the fuel tank, itself, will'not generate traffic except for a fuel truck filling it occasionally, and that truck will come less frequently because of the larger tank. It will allow for more boat traffic, however, because of the availability of fuel. She said there will be no impact on .water quality. The tank will be buried and will be vented, and pipes will run under the railroad tracks to connect with the wharf. In terms of soils and topography the Policy Plan indicates.the City should control future development that,wfl.l affect•natural,.slopes. The applicant had agreed that future owners could not build on the property, insuring open space, topography, and views of people east of the site. Ms. Charleson felt the proposal conformed to the Policy Plan. With regard to existing land uses and zoning of nearby property, she noted that the properties to the north are undeveloped and this proposal will keep this site undeveloped and will not alter the character of the neighborhood substantially. She frelt,it made-sense.to rezone this CW which has a direct relationship to the wharf across the railroad tracks. The gain the public will get will be the permanent open space and a safer facility. Regarding the suitability of the property for the purpose for which it was being zoned, Ms. Charleson felt it was obvious from her reasons already stated that it was suitable. She felt this proposal would meet the policies of the City, would maintain the site in its natural state, and would not cause any significant negative environmental impacts. She recommended approval. The public portion of the hearing was opened, no one wished to speak, and the public portion was closed. Councilman Nordquist said he felt very comfortable with the proposal, but he did have two concerns- He was concerned about the loading equipment on the tank site and asked if 2.3 0 May 23, 1978 - continued it could be fenced. Mr. Kauffmann responded that a fence would not deter people. He said he would try to conceal it when it is filled and that the blackberry bushes will be spread back over the fill area. Also, it will be secured with electrical safety devices. He said the Fire Chief and installer have come up with a lock device. Councilman Nordquist then asked whether the tank could remain if the usage on the dock should change. He was advised by the City Attorney that there would have to be MOTION: a rezone process. COUNCILMAN HERB THEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO ADOPT ORDINANCE 1996, PURSUANT TO P.C. RESOLUTION 592, ACCEPTING THE CONTRACT REZONE AND THE QUIT CLAIM DEED AS. PROPOSED, BECAUSE THE PROPOSED CONTRACT REZONE TO CW IS COMPATIBLE WITH THE POLICY PLAN IN THAT IT WOULD PRESERVE VIEWS AND OPEN SPACE; THE RELATIONSHIP OF THE PROPOSAL TO THE NEARBY PROPERTIES WOULD NOT BE DETRIMENTAL; THE WHARF HAS CHANGED AND EXPANDED NECESSITATING MOVING THE FUEL TANK; THE PUBLIC WOULD GAIN IN THE SAFETY ADVANTAGES AND SPACE PRESERVATION; THE VALUES OF THE SURROUNDING PROPERTY WOULD NOT BE AFFECTED ACCORDING TO THE TESTIMONY; AND THE SITE IS SUITABLE FOR THE PROPOSED USE. FURTHER, THAT THE MAYOR BE AUTHORIZED TO SIGN THE CONTRACT REZONE AGREEMENT. MOTION CARRIED. SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT PERMIT TO PLACE UNDERGROUND FUEL TANK ON NORTHWEST CORNER OF 162ND W. AND 75TH PL. W. (KAUFFMANN) (SM-2-77) Ms. Charleson indicated that the Shorelines Management Act requires that any proposal of this nature within 200' of the waterfront requires a Shorelines Management Substantial Development Permit. The proposal must meet the Shorelines Master Plan which calls for shoreline uses to be located near the waterfront. Because this tank is a shoreline dependent use, she said priority should be given to locating the tank where proposed. She said the potential adverse effects of commercial and industrial development on the environment should be prevented, and in this case the effects probably will be beneficial, rather than adverse, because of reducing the fire hazard. In terms of the chemical or fuel handling and the storage facilities, she said they should be inspected and approved by the City of Edmonds, and safe handling shall be the responsibility of the owner who shall be required to MOTION: provide a safe means of handling spills or accidental discharges. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN CARNS; TO APPROVE THE PERMIT TO PLACE AN UNDERGROUND FUEL TANK ON THE NORTHWEST CORNER • OF 162ND W. AND 75TH PL. W. MOTION CARRIED. EMPLOYMENT AGREEMENTS AND/OR CONTRACTS Administrative Services Director Lila Crosby explained that the City participates with state and federal agencies in programs to provide work experience to people, usually in the clerical and general labor areas. Although these programs do not require a financial obligation from the City, there are certain stipulations which require agreements and/or contracts. To eliminate routing each agreement through the Council, Mrs. Crosby suggested that the Council 91,ve the Mayor authorization to execute such agree- ments. She had coordinated this suggestion with the City Attorney. Councilman Nordquist commented that the Council would not be aware of what is happening on the work force. City Attorney John Wallace said the purpose of the request was to eliminate going to the Council time after time as each program changes its rules, sometimes from month to month. He said that often there is less than 30 days in which to use the potential employees, and this would eliminate each individual contract having to go to the Council. MOTION: COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN, TO AUTHORIZE THE MAYOR TO ENTER INTO EMPLOYMENT AGREEMENTS AND CONTRACTS WITH FEDERAL AND STATE AGENCIES FOR THE VARIOUS WORK EXPERIENCE PROGRAMS. .MOTION CARRIED. PROPOSED ORDINANCE TO ESTABLISH PARKING LIMITS ON CERTAIN STREETS This item was continued from last week's meeting and an ordinance was prepared based on amendments which had been suggested. City Attorney John Wall.ace said he understood there was some question of whether a permit system could be used with respect to residents wherein stickers could be issued to residents to exempt them from the parking restrictions. He said there was some precedent for this, but it would not reserve a space for a resident, and if that resident were to vacate the parking space any other vehicle could occupy it and would be governed by the parking restrictions unless it had a resident's sticker. He said there was no Washington State case to use as a precedent, but there was one from West Virginia. MOTION: COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN GOULD, THAT THE CITY ATTORNEY BE INSTRUCTED TO PREPARE AN ORDINANCE ALONG THE LINES HE HAD DESCRIBED TO EXEMPT RESIDENTS FROM PARKING RESTRICTIONS PLACED IN • THE VICINITY OF THEIR RESIDENCES, SUCH ORDINANCE TO BE PRESENTED TO THE COUNCIL AT THE JUNE 12, 1978 WORK MEETING. MOTION CARRIED. COUNCILMAN CARNS THEN MOVED, SECONDED BY COUNCILMAN HERB, TO ADOPT ORDINANCE 1997, ESTABLISHING PARKING LIMITS ON CERTAIN STREETS. MOTION CARRIED. It was noted that the parking restrictions will not go into effect until the signs are erected notifying the public of the parking restrictions. Thre was.no further business to come before the Council, and the meeting was adjourned at 8:45 p.m. ,_L f . / /,-4 7f '" � /�� - 2,� IRENE VARNEY MORAN eCITY CLERK HARVE H. HARRISON, MAYOR 1