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19800610 City Council MinutesJune 3, 1980 - continued 1 r� L`J Nordquist noted that 16.30.010 C.-2.. lists group homes but eliminated language in the previous code Amendment which provides conditions. COUNCILMAN GOULD MOVED TO AMEND THE MOTION, SECONDED BY'COUNCILMAN NORDQUIST; TO ADD A SENTENCE TO 16.30.010 C.2.i. WITH.THE.ADDITIONAL CONDITIONS AS OUTLINED IN THE Amendment EXISTING CODE AND THAT THEY BE INCLUDED IN TITLE 20. COUNCILWOMAN JAECH MOVED TO.AMEND THE MOTION FURTHER, SECONDED BY COUNCILMAN NAUGHTEN, THAT THE NEW BC AND.BN.ZONES BE ACCEPTED BUT WITH THE FOLLOWING CHANGES IN THE BC ZONE:. ELIMINATE PARAGRAPH C FROM.16...50.000 (MULTIPLE RESIDENTIAL USES AS' A SECONDARY USE TO*BUSINESS USES); ELIMINATE PARAGRAPH'3 FROM.16.50.020 B; AND ELIMINATE PARAGRAPH C FROM 16 3 0.030. Councilwoman Allen was opposed to.that amendment, saying she did not think density would .be increased that much. She felt,.that*.many times.in small businesses by allowing the people to live above the business it makes the difference of their keepi"ng or losing the business. She said there are people living above businesses now and it has not made that much -difference, but it makes the City more alive and safer. She did not feel it was necessary to remove that provision. Because there did not appear to be enough.general acceptance of the motion., COUNCILWOMAN ALLEN * WITHDREW HER MOTION, AS DID THE .SECOND. No further action was.taken on Title 16. MOTION: Failed SIX MONTHS'..REVIEW OF RESIDENT..IAL..PARKING.PERMITS AND ORDINANCE City C1er.k,1 rene Varney Moran had provided a written report indicating the parking permit system is working adequately. She said there had been a few complaints about paying the fee, and one refusal to pay, but most people involved had been cooperative. Councilwoman Goetz said she believed citizens should not have to pay a fee to park in front of their homes and.because the City.grew around them is no fault of theirs. She said she would like to see.the fees. deleted and just issue the permits. Greg Farrar, 133 4th Ave. N., #5,•complained.about the permits, saying they are meant to identify the eligible cars but the parking enforcement officers know which cars those are. He discussed the various people in his building who have or have not obtained.permits and he did calculations which indicated to him that the City was making.a large profit on the permits. COUNCILWOMAN GOETZ MOVED TO ELIMINATE ALL FEES FOR RESIDENTIAL PARKING PERMITS AND.TO.CONTINUE TO ISSUE THE PERMITS. MOTION FAILED FOR. -LACK OF A SECOND. There was,no further business.to.come before the Council,.and the meeting was adjourned at 12:10 a.m. f IRENE VARNEY MORAN, City Clerk HARVE.H. HARRISON, Mayor June 10, 1980 - Work Meeting The regular meeting.of the Edmonds,City Council was called to order at 8:05 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 Fred Herzberg, Public Works Director Jo -Anne Jaech Jim.Adams., City Engineer Bill Kasper Irene Varney Moran, City Clerk Katherine Allen John LaTourelle, Planning Consultant John Nordquist, Mary. Lou Block, Planning Division.Mgr. Larry Naughten Richard Pearson; -Code Revision Proj. Mgr. Mary Goetz Art Housler, Finance'Director rMarlo Fost'e.r; .PoTfte--Chief Jack Weinz,.Fire Chief Gary McComas,.Fire Marshal Jim.Jessel,.Parks & Recreati-on Director Jim Murphy; City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA MOTION: Item (B) was removed from the Consent. Agenda. COUNCILWOMAN.ALLEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO APPROVE'THE BALANCE OF THE CONSENT -AGENDA. MOTION CARRIED. The approved,items on -the Consent Agenda included the following: (A) Roll.call. (C) Adoption of Ordinance 2149,..increasing Utility Tax to 8.25%. (D) Approval of annual Boy Scout Chicken-Q at City Park. .(E) Rassage,:of.,Re§ol.ut..i.on.469., transferring $.13,920 from Council Contingency Fund to. General 'Fund for salary increases..authorized.under Ordinance 2137. APPROVAL:OF MINUTES OF JUNE 3. 1980 .. Item (B) on Consent Agendal A memo from the Deputy City C1erk.indicated that in the third,par.agraph on page 8 of the June 3, 1980 minutes, although Councilwoman,All,en did withdraw her -motion there was a roll call vote on'the second amendment to that motion. The.motion to amend,was made by Councilwoman Jaech and seconded by Councilman Naughten, and those were the only two yes votes, with the other Council members voting no *See correction, June 10, 1980 Minutes. 6 June 10, 1980 = continued • (Councilman Kasper was not present for that vote): Councilman Kasper added that he left the meeting earlier than the minutes indicated and the last vote he made was regarding the RS-6 setbacks. . MOTION: COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO APPROVE THE MINUTES OF JUNE 3, 1980 AS CORRECTED. MOTION CARRIED. MAYOR Mayor Harrison said he had invited Jozina Van Thorndyke to speak regarding her problem at Seaview Park. Mrs. Van Thorndyke of 8133 184th S.W. asked that the backstop,be removed from Seaview Park or at least be moved to the northeast corner of the park where homes are not as close to the perimeter of the park as hers is. She said the noise factor makes her fami_ly's home life unbearable, that people park in her driveway, and that the area is deteriorating because of the park. The backstop is approximately 80' from her front door and kitchen window and approximately 60' from the driveway. She said people disregard parking restrictions in the area. She felt that without the backstop the games would no longer be played and the problems would cease. She also felt the restroom which has MOTION: been closed should be removed. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT IN ACCORDANCE WITH NORMAL PROCEDURE THIS MATTER BE SET FOR DISCUSSION ON JUNE 24, 1980, AND THAT THE STAFF PROVIDE A REPORT ON THE PROBLEM. MOTION CARRIED. Mayor Harrison stated that an appraisal. had been received for the property to be vacated on the east side of 6th Ave. S.-, at Elm St., in the amount of $1,000. He read aloud the appraisal letter from Roy Stringer and asked for Council response. Councilman Kasper commented that the appraisal did not have any specifics as to square footage, zoning, or value and use to the adjoining property owner. He said he did not question the ability of the appraiser, as Mr. Stringer knows his business and MOTION: knows the area, but he felt some basis for the appraisal should be indicated. COUNCILMAN KASPER MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT A MORE SPECIFIC APPRAISAL -BE PRESENTED TO THE COUNCIL AT THE NEXT MEETING. MOTION CARRIED. City Attorney Jim Murphy said.he.would discuss this with Mr. Stringer. Mayor Harrison.advised that the terms of three members of the Shoreline Management Advisory Com- mittee expired June 2, 1980, and since this group will be integrated into the new Planning Advisory MOTION: Board he suggested that those terms be extended for six months. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, THAT THE TERMS OF MEMBERSHIP ON THE SHORELINE MANAGEMENT ADVISORY COMMITTEE BE EXTENDED FOR SIX MONTHS TO DECEMBER 2, 1980, FOR GORDON ROSIER (POSITION 2), MARIE KING (POSITION 3), AND FLOYD SMITH (POSITION 6). MOTION CARRIED. Mayor Harrison said he had received a letter from Bob Morrison regarding a recent:.meeting of; -the Shoreline Management Advisory Committee stating that the meeting was posted to be held in one place and was held at another, and asking about the legality of that meeting. Floyd Smith, Chairman of that committee, said the meeting did convene at Pantley's and finished at the Anderson Center --they were about an hour late getting to the Anderson Center. City Attorney Jim Murphy said that would appear to be all right since the meeting did actually occur there. Bob Morrison, 250 Beach Pl., said the official City notice indicated the meeting would be at the Anderson Center, but a letter from Mr. Pantley (Chairman of that committee) was addressed to a limited number of people inviting them to the restaurant for the meeting.. This was briefly discussed, with no action taken, and at the conclusion of -the City Council meeting Mr. Morrison.again asked for a definite response as to whether the meeting was legal. Mr. Murphy said he would have to investigate the matter more thoroughly and would have a.response for next week's meeting. COUNCIL Councilman Nordquis.t asked for an Executive Session following this evening's meeting to discuss a property acquisition matter. Councilman Nordquist welcomed Mountlake Terrace Councilwomen Lois Anderson and Doris Cannon, and also former -Edmonds City Councilman Tom Carns. • Councilwoman Allen questioned the recent AWC informational material that said it is inadvisable for City Council members to attend meetings of City boards or commissions because it could possibly result in a violation of the Appearance of Fai.rness Doctrine. City Attorney Jim Murphy responded that he disagrees with the statement that.merely attending a board or commission meeting would be such a violation and, in fact, he said State law provides, in all.but code cities, for ex officio Council members to planning commissions. He had provided a brief memo to this effect, but he said a more definitive statement would be forthcoming from his office. Councilwoman Allen noted that Parks & Recreation Director Jim Jessel had provided information as to some various methods of funding a playfield athletic pavilion on or adjacent to the junior high playfield. Mr. Jessel briefly reviewed the five possibilities -in his memo. COUNCILMAN NAUGHTEN MOTION: MOVED, -SECONDED BY.000NCILWOMAN ALLEN, TO HAVE THE RECREATION STAFF PROCEED WITH A FEASIBILITY STUDY OF SUGGESTIONS 1..AND.,2 OF MR,= JESSEL'S MEMO OF JUNE 5, 1980; I.E., (1) A NEW PAVILION COULD BE BUILT BY THE'CHURCH OF THE OPEN.BIBLE AND LEASED TO THE CITY THREE TO FIVE DAYS A WEEK. FACILITY REVENUES WOULD FINANCE THE CITY'S LEASE COST. (2) A NEW PAVILION COULD BE "BUILT TO SUIT" BY A PRIVATE DEVELOPER AND LEASED TO THE CHURCH OF THE OPEN BIBLE AND TO THE CITY OF EDMONDS. THIS COMPLEX COULD BE BUILT EITHER ON THE JUNIOR HIGH PLAYFIELD IN THE AREA NOW OCCUPIED BY THE BOYS' CLUB, OR ON THE CHURCH PROPERTY. MOTION CARRIED. Councilman Naughten said he had received'a call from a Mrs. Stump the PTA is saying still trying to get a traffic light at 224th and -Edmonds Way, and they will be having a meeting in the Council Chambers on June 19, at 1:00 p.m. Councilman Kasper reported that the Public Safety Committee met this evening with the.Fire Chief and Police Chief who discussed their work on emergency plans should Mount St. Helens erupt again.and this area be affected. Their document will be ready in approximately one week, covering the infor- mation they have developed. They have gathered the information from people in eastern Washington 6.1 June 10, 1980 - continued 1 �I • 1 who have had to deal with the problem. The other item they discussed was.the potential long-range plan for a public safety'buildi.ng. They are anxious to start thinking about it and are looking to MOTION: the Council for guidance. COUNCILMAN KASPER MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO PLACE A DISCUSSION OF THE LONG-RANGE PLAN FOR A PUBLIC SAFETY BUILDING ON THE JULY 8, 1980 WORK MEETING AGENDA. MOTION CARRIED. MOTION: Amended Amendment MOTION: INVITATION TO MOUNTLAKE TERRACE MAYOR ENBOM TO DISCUSS THEIR ZONING CONTRACT WITH THE NILE TEMPLE Mayor Enbom was unable to attend but Councilwomen Anderson and Cannon were present. Planning Division Manager Mary Lou Block reviewed the contents of the contract. The Nile is.requesting Mountlake Terrace to zone the property to Recreation/Barks (R/P) and Multi. -Family Low.Density (RML). Maximum development, as proposed, would allow-96 apartment units in the area zoned RML, and the R/P zoning would allow the Nile to construct a lodge, country club, additional golf course area, and other. recreational facilities. The contract stipulates that there will be no future development within the shoreline area. Ms. Block noted that the contract states that the covenants and agreements are personal to the Nile and do not run with the land. Councilman Nordquist added that.the Boundary Review Board has asked that Mountlake Terrace consider annexing the whole of Lake Ballinger along with the Nile grounds, and since Edmonds has a great interest in the lake, sharing in the rehabili- tation of it, he felt the Council should be aware of that. City Attorney Jim Murphy read aloud a memorandum -he had prepared, commenting on the various aspects of the proposed Nile Temple annexation. He had been asked by Ms. Block to comment on the fact the the contract states the covenants and agreements will be personal to the Nile and not run with the land. Mr. Murphy said he could only note that all of the City of Edmonds' zoning contracts require that the covenants run with the land, in the event the property owner were to sell the property to other persons who would then be bound. He noted that the Lake Ballinger -Community Club opposes all of Lake Ballinger being annexed to Mountlake -Terrace, which would include the bedlands abutting uplands within the city limits of the City of Edmonds. Mr. Murphy said.if the upland owners within the City of Edmonds would submit to the -Edmonds City Council a formal petition for annexation, in the regular direct petition method (meeting usual requirements), and if it were acceptable to the City Council, the City of Edmonds could proceed with annexation of the bedlands owned by the upland owners. The Boundary Review Board, however, still would have to be satisfied that these two associated and parallel annexations were appropriate. Jim Falconer, 23829 74th W., President of the Lake Ballinger Community Club, said they would like to see property owners whose property is in Edmonds have all of their property in Edmonds, including, the bedla'ndt., He said he would like to see the two cities establish a dividing line somewhere near the middle of the lake, and he said they had had very constructive meetings on this subject with the City of Mountlake Terrace. Regarding the Nile annexation, he said there had been a question of the recreational vehicle pads -constructed on -the site and of multi -family use. They also had felt an EIS should have been prepared.. He said'he would be happy to do what was, necessary to start annexation proceedings to annex to the City of Edmonds those bedlands owned by the uplands owners. Councilwoman Lois Anderson from.the City of Mountlake Terrace said this had been a long-time project, and when the Nile decided they would make this property their main head- quarters then they needed services that the County did not want to provide. They approached Mountlake Terrace and Mountlake Terrace asked that they prepare a long-range plan. Councilwoman Anderson said the RV pads came to their attention later, but they were assured.that the pads will be removed when the heavy equipment arrives and there will be no development in the shoreline protection area. She said it would be difficult to develop this property in single family residences because of the lack of sewers. She noted that the Council vote had been close regarding whether to allow the RML zoning. She said it.was the Boundary Review Board which made the suggestion about annexing the entire lake, and it made sense to her to.have the surface of the.water patrolled and controlled by one jurisdiction. She stressed that the rehabilitation of the lake is probably the most important project in Mountlake Terrace, and that they appreciated the participation on the part of the City of Edmonds. Council- woman Doris Cannon had nothing to add, but affirmed the statements of Councilwoman.Anderson. Councilman Naughten said he had no problem with joint jurisdiction of the lake, and he still felt comfortable with the west side of.the lake being in Edmonds and.the east side in Mountlake Terrace. He agreed that the restoration of the lake is very important. Mr. Murphy said that Edmonds accesses to the lake from the west side and Mountlake Terrace from the east, but it is the people who go out on the lake that cause the problems, and since people go onto the lake from both sides it would be helpful. for the.police departments to have joint jurisdiction over the lake, as one police department should not.'be hamstrung because the offenders came from the other side. He said an interlocal agreement between the two police and fire departments to work jointly could be prepared. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, THAT THE MAYOR BE ASKED TO PREPARE A DOCUMENT TO THE CITY OF MOUNTLAKE TERRACE REITERATING THE COUNCIL'S THOUGHTS ABOUT JOINT JURISDICTION AND THAT EDMONDS WOULD LIKE TO CONTINUE.TO COOPERATE WITH THE RESTORATION OF THE LAKE AND WITH JOINT CONTROL. Councilwoman -Allen noted.that it was the Boundary. Review Board which suggested to Mountlake Terrace that Mountlake Terrace take over.jurisdiction, so she thought this would have to be cleared with the Boundary Review Board. COUNCILMAN NAUGHTEN AMENDED HIS MOTION, ACCEPTED BY THE SECOND, THAT THE LETTER BE SENT TO THE BOUNDARY.REVIEW BOARD. Mr. Murphy suggested.-thatthe letter al.so,state.that Mr. Falconer has offered, on behalf of the Lake Ballinger Community Club, to prepare a petition for annexation on the Edmonds side as well. Councilwoman Anderson said they did not want to jeopardize the -Nile annexation and if the Boundary Review Board would not consider the Nile annexation without the lake annexation she felt they would have to go forward with the preparation of the annexation papers for the lake. Mr. Murphy explained that the Boundary Review Board is supposed to try to line up boundaries in some reasonable fashion, and one of their criteria is to line up boundaries along the edges of water courses, and he suspected that was partially the reason for their suggestion that Mountlake Terrace annex the entire lake. THE MOTION CARRIED. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, THAT CONSIDERATION OF AN AMENDMENT TO THE RECENTLY PASSED LAKE BALLINGER BOATING ORDINANCE BE PLACED ON THE JUNE 24, 1980 AGENDA. MOTION CARRIED. LIQUOR LICENSE APPLICATION FOR PIZZA'S DELI; 403 MAIN ST The Police Chief reported on -this application which was for a liquor license to complement a delica- tessen type of sandwich restaurant, selling beer and wine for consumption on premises and packaged 62 June 10, 1980 - continued • MOTION: beer and wine for consumption off premises. The location is within 500' of a church at 4th and Bell, but a letter.was received from the church indicating no objection. The applicant was Mark A. Pizzitola who is the director of the local Medic 7-and who has resided here for one year. Police Chief Foster recommended approval of the applicant and the location. COUNCILWOMAN GOETZ MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT THE LIQUOR CONTROL BOARD BE ADVISED THAT THE CITY OF EDMONDS HAS NO OBJECTION TO THE SUBJECT LIQUOR LICENSE APPLICATION. MOTION CARRIED. A short recess was announced, during which Councilman Nordquist left (9:30 p.m.). CONTINUED COUNCIL REVIEW OF'SECTION 21:OF COMMUNITY DEVELOPMENT CODE Code Revision Project Manager Richard Pearson recalled for the Council that at the last meeting he had gone through the Staff recommended changes for definitions and there also were some comments from the Concerned Citizens Committee which he had discussed. He then briefly reviewed the previous MOTION: discussion. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO ACCEPT TITLE 21 WITH THE CHANGES DISCUSSED. MOTION CARRIED. HEARING ON SECTIONS 17, 18, AND 19 OF COMMUNITY DEVELOPMENT CODE Mr. Pearson noted that parking requirements are included in Title 17 and there had been some con- cerns.raised about the effect on the downtown area of the recommended.changes because a number of parking requirements for commercial or office development would be.increased. Mr. Pearson said his recommendation now was to defer action on,the proposed changes, for study by the Planning Advisory Board, because the recommended changes would result in significant policy changes as. to how.much of the downtown area should be paved and to use of the in -lieu parking fee concept. He noted that the Chamber of Commerce currently is studying the parking problem also. Regarding Title 18, he said there were some obsolete.sections which were being deleted. Major revisions are in the drainage area. It was proposed that the criterion of 5,000 sq. ft. of impervious paving in the definition of "development" be changed to 2,000 sq. ft. and that standard sets of engineered plans would be established.for development permits. Street width requirements would be reduced. The .Planning Commission asked that the requirement be retained for grading permits for over 500 cu. yds. In Title 19 there are few changes because.it mostly contains codes that are adopted by reference. Following this introduction, the hearing was opened to the public. Ray Martin, 18704 94th Ave. W. asked several questions on specific items in Title 17 to which Mr. Pearson responded.. Mr. Martin also made comments on behalf of Roger Hertrich who was not present. Those comments had.to do with parking requirements, suggesting that in -lieu parking fees be paid unless off-street parking is provided within 1,000'--rather than 100', and that some of the area requirements for parking stalls be reduced. Bob Morrison, 250 Beach P1., asked what happens to the in -lieu parking fees which are paid.. Mayor Harrison responded that there is a parking fund and the money goes into the fund to purchase parking lot properties at the Council's discretion. The fund has not yet been used but now amounts to $25,000. Bert Stole, 8704 182nd P1. S:W.,'said the parking problem needs a lot of study. He was prepared to discuss that but inasmuch as it appeared the Planning Advisory Board would be studying it, he made no further comment. Mr. Pearson said he was recommending that the current standards be kept and that the study be conducted. Natalie Shippen, 1022 Euclid, suggested the use of revenue bonds to provide parking, rather than waiting for the in - lieu parking fund to grow. She also felt joint -use parking would work in those areas where there is joint business and residential use. She asked several questions which were answered by Mr. Pearson. She also noted that the major and secondary arterial plan being adopted is very much out of date. Laura Hall, 1140 Edmonds St., suggested that.solar energy be taken into consideration because it would affect zoning laws and building codes. No one else wished to speak, and the public portion of the hearing was closed. Council review of these sections is scheduled for June 24, 1980. COUNCIL - MOTION: WOMAN ALLEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO PLACE A HEARING ON TITLE 20 ON THE EXTENDED AGENDA FOR JULY 1, 1980. MOTION CARRIED. Councilman Naughten noted that Planning Consultant John LaTourelle had provided a memo in which he retracted his recommendation made last week that a limit be set of not less than 3" in 12" pitch for roof requirements. He agreed with the Mayor that this would be impractical and unsuitable for roof construction, and he felt the roof design should be left to building designers. COUNCILMAN NAUGHTEN MOTION: MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO.DELETE ANY SPECIFICATIONS FOR ROOF PITCH AND LEAVE THE DESIGN TO THE BUILDER. Councilwoman Jaech asked if the roof would still be contained within the 5' allowance and she was told it would. THE MOTION CARRIED. There was no further business to come before the Council, and the meeting adjourned to.Executive Session at 10:45 p.m. 72W. V_V1 IRENE VARNEY MORAN, City Clerk HARVE H. HARRISON, Mayor June 16, 1980 - Special Meeting (Monday) A special meeting of the Edmonds City Council was called to order at 8:05 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. F_� L u L 1 0 1 fl 0