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.
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May 23, 1978 -.continued
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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
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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
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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
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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
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