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19800902 City Council Minutes• August 26, 1980 - continued AUTHORIZATION. FOR MAYOR TO EXECUTE ARAI/JACKSON DESIGN CONTRACT FOR.THE:LIBRARY.AND,:PARKING PLAZA PROJECT 1 L, E Parks & Recreation Director Jim Jessel said the contract had been brought before the Council to - answer any questions. It was.negotiated in accordance with the AIA fee schedule for a'$2,550,000 construction budget project. The.design fee is $192,500,and includes a $12,500 credit for work completed during the Block Grant -funded Master Planning Phase and.$9,500 credit for landscape architectural services which,it.-was.anticipated.would be completed.through in-house-or.volunteer means. Mr.. Jessel said they.are..scheduling a "fast -tract'.'. design -process and monthly progress. reports will be . sent to the .Counci.l ,for.,revi ew. Also, i,t .i s , anticipated that a refined design and cost estimate will be ready for Counc.il.review in early. December. .Councilman Gould stated that he had reviewed the -contract and found a lot of checkpoints, and he was satisfied with it. City Attorney Jim Murphy said that there were some minor conflicts which.the.City Engineer had and also that he had, but they could be resolved. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT THE.MAYOR BE AUTHORIZED TO EXECUTE THE.ARCHITECTURAL.SERVICES.CONTRACT WITH ARAI/JACKSON FOR THE LIBRARY AND PARKING PLAZA PROJECT,.SUBJECT.TO RESOLUTION.OF.THE PROBLEMS INDICATED BY THE CITY ATTORNEY AND CITY ENGINEER... MOT.ION.CARRIED. There was no further business to come,before the Council, and the meeting adjourned to Executive Session at.11:55 p.m. U IRENE VARNEY MORAN, CiA7y Clerk September 2, 1980 HARVE'H. HARRISON, Mayor The regular meeting of the Edmonds City Council was called to order at 8:10 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present) oined in the flag salute. PRESENT STAFF PRESENT Harve Harrison, Mayor Charles Dibble, M.A.A. Jo -Anne Jaech Fred Herzberg, Public Works Director Bill Kasper Jim Adams, City Engineer Katherine,Allen Irene Varney Moran, City Clerk John Nordquist John LaTourelle, Planning Consultant Ray Gould Art Housler, Finance Director Larry Naughten Jim Jessel, Parks & Recreation Director Mary Goetz Gary McComas, Fire Marshal Jim Murphy, City Attorney Jackie Parrett, Deputy -City Clerk Councilwoman Goetz was not present during the first part of the meeting, arriving at.9:25 p.m., and having advised the Council previously that she would be late. CONSENT AGENDA • COUNCILMAN NORDQUIST MOVED, SECONDED BY-COUNCILWOMAN-ALLEN, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the following: (A) Roll call. (B) Approval of Minutes of -August 26, 1980. (C) Authorization for Mayor to sign Washington State Arts.Commission grant. MAYOR Mayor Harrison reported that a letter had been sent to the Citizens Against the Council's Alternative, together with a copy of the ordinance covering campaign signs, and noting. the 8 sq. ft. maximum size. A response to'that letter was received indicating their interest in cooperating, but questioning the intent of the Sign Code. Mayor Harrison now recommended that in the interest of promoting the election process the Council amend the Sign Code to-remoVe all restrictions on temporary political s.igns. Councilman Gould responded that such would be all -right after the November election, but not now.. He said the particular issue before them was that of primary election signs of 16 sq. ft. which currently are in the City in support of the Mayor/Council form of government. -He advised the Mayor that those signs are against,the law and that it was, the: Mayor's job to see that they are * taken'down;,and to do otherwise made it appear that he was not going to enforce the law on those issues'in his favor. Mayor Harrison felt a change could be made .to the Sign Code during the election as a change had been -made during the last election, but. it was brought to his attention that the change the Council last directed was..made on November.20.,,1979, after the election had taken place. He then said if the Council desired to make no change in.the Code he would instruct the Planning Division to 'give all violators three days in which to bring their signs into compliance. COUNCIL Councilman Naughten stated he would feel more comfortable if during the next weeks before the • September 30 hearing to review water/sewer rates, the Council committee meetings were replaced by *See amendment September 9, 1980 September 2, 1980 - continued • Council/Staff studies.on.that problem so that the Council can,be..f.ully..knowledgeable about the situation when going into that hearing. COUNCILMAN NAUGHTEN'THEN MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT THE COUNCIL MEET WITH THE STAFF FOR ONE HOUR PRIOR TO THE REGULAR COUNCIL MEETINGS OF SEPTEMBER 9, 16, AND 23 TO REVIEW THE.WATER/SEWER RATES, WITH.THE.REGULAR.,COUNCIL COMMITTEE MEETINGS BEING CANCELLED. MOTION CARRIED. ' Councilman Naughten also felt the agenda should be limited.on the night of the water/sewe,r rates hearing. COUNCILMAN NAUGHTEN MOVED, SECONDED BY.000NCILMAN NORDQUIST,.THAT THE ONLY ITEMS ON THE SEPTEMBER 30, 1980 AGENDA.BE THE HEARING TO REVIEW WATER/SEWER RATES,AND THE HEARING ON THE PRE- LIMINARY ASSESSMENT ROLL FOR THE PROPOSED SPRAGUE ST. LID BETWEEN 7TH AND 8TH.AVES., AND THAT THE WORK MEETING'BE MOVED TO OCTOBER 7, 1980 AND THE OTHER ITEMS SCHEDULED FOR SEPTEMBER 30 BE MOVED TO THAT DATE. MOTION CARRIED. Councilman Naughten noted that in preliminary review the Finance Committee had found that the City's filing fees are outdated. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, THAT ON SEPTEMBER 23, 1980 THE STAFF PROVIDE FIGURES FOR COMPARISON AS TOAHAT OTHER CITIES ARE CHARGING ON FILING AND APPLICATION FEES. MOTION CARRIED.. Councilman-Naughten requested an Executive Session following this evening's meeting to discuss a legal question regarding the fishing pier parking lot. Councilman Nordquist advised that in order to use the high school cafetorium for the September 30 . meeting the City.will have to pay $2.50_per hour, with a $15.00 maxi.mum, and provide.custodial� _. services in setting up -and -removing the chairs, or else pay $12.50 per hour for the custodial services, but the school would prefer that the City provide the custodial services. It was the consensus that the additional space was needed for that meeting, so the rental fee was acceptable • and the City will provide the custodial services. Councilman Nordquist stated that the City of .Mountlake Terrace was advising the Boundary Review Board that they are not interested in annexing Lake Ballinger, but only are interested in determining a boundary line, and he suggested that a similar letter be sent from the City of Edmonds to the Boundary Review Board. That was acceptable to the Council. Councilman Nordquist asked for suggestions regarding a date for a budget work meeting. It was suggested that it be held on a Saturday morning', probably a breakfast meeting. He will provide suggested dates. Councilman Nordquist advised that he will not be present for the September 9 and October 7 meetings. The question arose as to whether the City would be in compliance with the SEPA policy by the September cut-off date, and Planning Consultant John LaTourelle advised that no action was required as the City already had.enough environmental policies established within its existing ordinances. This was affirmed by City Attorney Jim Murphy. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT ON OCTOBER 14, 1980 THE COUNCIL CONSIDER THE PROPOSED TRANSPORTATION DEVELOPMENT ORDINANCE, WITH A REPORT FROM THE PUBLIC WORKS/COMMUNITY DEVELOPMENT COMMITTEE. MOTION CARRIED. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO MOVE THE DISCUSSION OF THE PROPOSED NEWSLETTER ON THIS EVENING'S AGENDA TO THE POSITION BEFORE THE HEARING ON THE COMMUNITY DEVELOPMENT CODE BECAUSE THE NEWSLETTER ITEM WOULD-BE BRIEF AND THE CONSULTANT WAS PRESENT. MOTION CARRIED. AUDIENCE Peg Hardesty, 757 Sprague, said there is.a ravine in her neighborhood that is becoming more and more • of an erosion problem because there are three accesses to it. Mayor Harrison referred it to the Public Works Director for investigation. John Huff, 736 Caspers, expressed concern about the rise in utility rates, saying the water bill he paid during the last two -months was equivalent.to the heating bill..he paid in the middle of the winter. DISCUSSION OF PROPOSED CITY OF EDMONDS NEWSLETTER WITH CONSULTANT BONNIE MORIN Ms. Morin reviewed the costs she previously had quoted for providing the newsletter.. The major cost was postage and various alternatives of delivery were discussed, but none appeared to be more satisfactory than her proposal of delivery to "Postal Patron" at the. city rate. Consideration was. given to a bi-monthly newsletter, but timeliness would be sacrificed so that proposal was.elimi'nated. She discussed the types of information.that might be included, such as reasons for raising the utility rates, the Community Development Code, or a specific item the City wanted explained to the residents. It�was note & that agendas of City meetings were intended to be included -in the newsletter as citizens had'expressed concerns as to lack of notification regarding specific items. Councilman Gould suggested this be delayed until budget time.to.pu.t i.t.in perspective, but Councilwoman Allen felt it should be started -immediately.., COUNCILWOMAN ALLEN.MOVED,-SECONDED BY COUNCILWOMAN JAECH, THAT BEGINNING WITH.A MAILING DATE.OF OCTOBER 10, 1980-THE CITY COUNCIL AUTHORIZE THE PUBLICA- TION OF A MONTHLY NEWSLETTER FOR'THE CITY., WITH FUNDS TO..BE.PROVIDED.FROM THE COUNCIL CONTINGENCY FUND FOR THE REMAINDER OF'1980, WITH A REVIEW OF, THE NEWSLETTER-AND.REACTION TO IT SCHEDULED IN SIX MONTHS. In order to -include the ADB agenda, COUNCILWOMAN.ALLEN.AMENDED HER MOTION, ACCEPTABLE TO THE SECOND, TO STATE THAT A.ROUGH DRAFT.WILL.BE PRESENTED,..TO.THE COUNCIL SEPTEMBER 16 WITH MAILING SCHEDULED SEPTEMBER 30. Ms'. Morin stated that the content and layout will be approved by whomever is designated to clear it for the City. She asked with whom she would be working besides the Mayor, and the Mayor Pro tem was designated. THE MOTION CARRIED.. • September 2, 1980 - continued HEARING ON COMMUN'ITY'DEVELOPMENT CODE'' 113 1 1 1 Planning Consultant John LaTourelle reviewed each of the -corrections and modifications recommended in Planning Division memorandums of.August 21 and 28, 1980. (During this'review Councilwoman Goetz arrived.) Following the review, a short recess was announced.during which Mayor Harrison left, and following the recess Mayor Pro tem Nordquist conducted the meeting... The hearing was opened to the public immediately upon reconvening. Elaine Hussey, 8104 242nd S.W., felt the height•limit•should be.35' instead of 25' unless it would interfere with someone's view. She said the worth of her property would-be cut in half by the number of -units she would lose with a 25' height limit. She added that she felt there should be - more business zoning and that only parts of Highway 99 would be suitable for 100' height limits. 9 Roger Hertrich, 1.020 Puget Dr., stated that some of the items he had brought up last week were not discussed this evening in the. proposed changes, such as changing of the word "encourage" to "consider" in the PRD section and the recommendation of de-novo.hearings on appeals to the Council of Hearing Examiner decisions. He also suggested that some of the parking requirements should be reconsidered, especially as regards real estate offices, schools, and colleges. He questioned whether three stories could be attained in the height limit of 25' plus 5' for the roof and he again asked that the word "stories" be changed to "story" in'16.50.010 B.3. No one else wished to speak, and the public portion of the hearing was closed. The Council'then agreed. -to take one chapter at a time to make any.changes. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN JAECH, THAT ON PAGE 23,.15..20.005 CJ .'a., THE FIRST WORD BE CHANGED FROM "ENCOURAGE" TO "CONSIDER." MOTION CARRIED. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN KASPER, THAT ON PAGE 31, 15.20.050 F.2., "MUSEUM" AND "WADE JAMES THEATER" BE INCLUDED. MOTION CARRIED. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT ON PAGE 1, 15.00.020 A.7., THE PLANNED RESIDENTIAL DEVELOPMENT FEE•BE CHANGED TO $12 PER UNIT OR $.0075 PER SQUARE FOOT LOT AREA, WHICHEVER IS GREATER, WITH MINIMUM OF $50. MOTION CARRIED. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILWOMAN JAECH, THAT,.ON'PAGE 2, 15.00.020 A.13.a., THE FORMAL SUBDIVISION FEE BE CHANGED TO $8 PER LOT OR $.0005 PER SQUARE FOOT LOT AREA, WHICHEVER IS GREATER, WITH A MINIMUM OF $50 FOR THE PRELIMINARY AND THE. FINAL THE SAME AS THE PRELIMINARY. MOTION CARRIED. _ COUNCILMAN GOULD MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT ON PAGE 2, 15.00.020 C.1., "GROUP I AND J OCCUPANCIES" BE CHANGED TO "GROUP R AND M OCCUPANCIES." MOTION CARRIED. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN JAECH, THAT ON PAGE 23, 15.20.005 C.l.a., THE PARENTHETICAL.WORD "ATTACHED",.IN THE FIRST LINE, BE DELETED. Councilman Naughten said he felt the PRD does. give flexibility in design of subdivisions; however, in the RS zones where the detached unit is characteristic of the zone, the attached unit has the visual appearance of an apartment or condominium, and he did not feel the City was at the point where it should have attached units in residential zones. A ROLL -CALL VOTE WAS TAKEN ON THE MOTION, WITH COUNCIL MEMBERS JAECH, NORDQUIST, GOULD, NAUGHTEN,, AND GOETZ VOTING YES, AND WITH COUNCIL MEMBERS KASPER AND ALLEN VOTING NO. MOTION CARRIED. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT ON PAGE 39, 15.25.020 C., SUBPARA- GRAPH 6 BE DELETED BECAUSE IT IS OUT OF DATE. MOTION CARRIED. COUNCILMAN GOULD MOVED, SECONDED -BY COUNCILWOMAN ALLEN, THAT ON PAGE 70, 15.45.010 A., THE FIRST LINE OF THE SECOND PARAGRAPH (UNNUMBERED) ON THAT PAGE, THE FIGURE."47" BE CHANGED TO "80." MOTION CARRIED. COUNCILWOMAN_ALLEN MOVED, SECONDED..BY COUNCILWOMAN GOETZ,, THAT CHAPTER 15 OF THE COMMUNITY DEVELOPMENT CODE BE ADOPTED, AS AMENDED. MOTION CARRIED. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT ON PAGE 79, 16.10.000 B., THE CONTENT OF PARAGRAPH'B. BE DELETED AND IN ITS PLACE THE CONTENT.OF.15.20.060 4.a. THROUGH d. (ON PAGE 33) BE INSERTED. MOTION CARRIED. COUNCILMAN GOULD MOVED, SECONDED.BY.000NCILMAN NAUGHTEN, THAT ON PAGE 81, 16.20.010 C.1., THE WORDS "LIBRARIES, CHURCHES,"'BE INSERTED,AFTER "WATER STORAGE." MOTION CARRIED. COUNCILMAN NAUGHTEN MOVED, SECONDED.,BY COUNCILMAN GOULD.,,THAT ON PAGE 8.1, 16-.20.010, PARAGRAPH "E" BE DELETED'IN ITS ENTIRETY. MOTION CARRIED. COUNCILMAN GOULD MOVED, SECONDED.BY.000NCILMAN NAUGHTEN, THAT ON.PAGE 81, 16.20.030, THE MINIMUM SETBACKS FOR SUBDISTRICT RS=20 BE.CHANGED..TO MINIMUM.STREET SETBACK OF 25' AND -MINIMUM SIDE SETBACKS A TOTAL OF 35 WITH 10' MINIMUM ON EACH SIDE. COUNCILMAN..KASPER MOVED TO AMEND THE MOTION, SECONDED BY COUNCILWOMAN ALLEN, THAT UP'TO 5' FOR.ROOF PITCH BE,ADDED.TO,.THE HEIGHT ALLOWANCE IF ALL PORTIONS ABOVE THE STATED HEIGHT ALLOWANCE.HAVE.SLOPES'. Councilman Gould felt the impact of .that could be an additional 5' of:view blockage<.to..the neighbors, but Counci.lman.Kasper said that otherwise design would be'seriously limited .for such things as cathedral ceilings: THE MOTION TO AMEND FAILED, WITH. COUNCIL MEMBERS KASPER AND ALLEN CASTING.THE ONLY YES VOTES.. THE MAIN MOTION THEN CARRIED, WITH COUNCILWOMAN ALLEN VOTING NO. COUNCILMAN GOULD MOVED, SECONDED BY.000NCILWOMAN GOETZ, THAT ON PAGE 84, 16.30.020, THE FOURTH WORD IN THE FIRST SENTENCE BE CHANGED.TO "THREE" AND IN THE.LAST LINE THE WORDS "RM-2.4 ZONE" BE INSERTED AFTER "RM-1.5 ZONE, MOTION CARRIED. 114 September 2, 1980 - continued • COUNCILMAN GOULD MOVED, SECONDED BY COUNCILWOMAN GOETZ, THAT ON PAGE 85, THE TABLE IN 16.30.030 A., THE FOLLOWING WORDS BE ADDED AT THE END OF FOOTNOTE 1: OF4 IN 12 OR GREATER." MOTION - CARRIED. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT ON PAGE.88, 16.45.010 C.., THE FOLLOWING BE ADDED AS SUBPARAGRAPH 4: "4: BUSINESSES OPEN TO THE PUBLIC.BETWEEN.THE HOURS OF 11:00'P..M. AND 6:00 A.M." MOTION CARRIED. - COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT ON PAGE 91, 16.50.020 A., THE MAXIMUM HEIGHT BE CHANGED TO 25' AND THAT A FOOTNOTE 2 BE ADDED TO STATE THAT THE ROOF MAY ONLY EXTEND 5' ABOVE THE HEIGHT LIMIT AND ALL PORTIONSA F THE ROOF WILL HAVE A SLOPE OF..4 IN 12 OR GREATER.. COUNCILMAN KASPER MOVED TO AMEND. THE.MOTION, SECONDED BY COUNCILWOMAN ALLEN, THAT THE HEIGHT.LIMIT BE 30'. He felt the height limit should be a minimum of 30' or else parking will be eliminated from beneath buildings, a poor economic situation will result, flexibility of design will be eliminated, and the result will be a stereotype at 25'. Councilwoman Allen added'that .there is only.a limited amount of land in this town and the people have an obligation to use it a little more effectively than they have, and if 5' can ,give some leeway.as to architecture it should be allowed. She felt architecture could be just as beautiful,as God -created beauty. and that this was one of those places where architecture should be given - some. kind of a chance. THE MOTION TO AMEND FAILED, WITH COUNCIL MEMBERS KASPER AND ALLEN CASTING THE ONLY YES VOTES. THE.MAIN MOTION THEN PASSED, WITH COUNCILWOMAN ALLEN VOTING NO. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, THAT ON PAGE.90, 16.50.010 B.3.., THE WORD "STORIES" BE.CHANGED TO "STORY. Councilman Kasper stated that whatever fits inside the bui1di g should fit without limiting it to "story." THE MOTION CARRIED, WITH COUNCILMAN KASPER VOTING N�. Regarding the recommended 100' height maximum in the CG zone, Councilman Gould suggested that a . special study be made to determine the definite areas where that would be proper so as not to impact anybody and to allow proper buffer zones. COUNCILMAN NAUGHTEN-MOVED, SECONDED BY COUNCILMAN.KASPER, THAT ON PAGE 95, 16.60.020 A., THE MAXIMUM HEIGHT BE CHANGED FROM 100'.TO 35' AND THE MINIMUM STREET SETBACK BE CHANGED TO.15' WITH THE REQUIREMENT THAT IT BE FULLY LANDSCAPED.. MOTION CARRIED. The intent was that the area will be studied to determine suitable.areas for 100' height limits. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT ON PAGE 95, 16.60.000, A PARAGRAPH C. BE ADDED AS FOLLOWS: ."C. TO IDENTIFY.THE ONLY ZONE IN THE CITY WHERE MOBILE HOMES ARE.PERMITTED." MOTION CARRIED, WITH COUNCILWOMAN ALLEN VOTING NO. COUNCILMAN GOULD'MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT.ON PAGE 95, 17.60.010 A., THE FOLLOWING USE BE ADDED: "MOBILE HOMES IN PLANNED.RESIDENTIAL DEVELOPMENTS." MOTION CARRIED. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO APPROVE CHAPTER 16 OF THE COMMUNITY DEVELOPMENT CODE, AS AMENDED. MOTION CARRIED. COUNCILMAN GOULD MOVED, SECONDED BY.000NCILMAN.KASPER, THAT ON PAGE 103,.17.10.000 E., THE FOLLOWING BE ADDED TO PARAGRAPH E.: "THE COMMUNITY DEVELOPMENT DIRECTOR MAY REFER.MATTERS UNDER THE SCOPE OF THIS CHAPTER TO THE APPROPRIATE DEPARTMENT OF THE CITY FOR PROCESSING, APPROVAL, RETAINAGE, AND RELEASE:" MOTION CARRIED. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN KASPER, THAT ON PAGE 105, 17.40.010 C., ON LINE 3, THE SENTENCE BE DELETED FOLLOWING THE WORD '.'AFTER" AND THE FOLLOWING..WORDS BE INSERTED: THE USE FIRST BECAME NONCONFORMING." MOTION CARRIED. COUNCILMAN KASPER MOVED, SECONDED BY COUNCILWOMAN JAECH, THAT ON PAGE 106, 17.40.000 G., SUBPARAGRAPH 3 THEREIN BE DELETED. MOTION.CARRIED. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT ON PAGE 110, 17.50.020 B.5., THE • REQUIREMENT BE CHANGED TO ONE SPACE PER 200 SQ. FT. MOTION CARRIED WITH COUNCIL MEMBERS KASPER AND ALLEN VOTING NO. After some further.discussion, COUNCILMAN GOULD, HAVING VOTED ON THE PREVAILING SIDE, MOVED TO RECONSIDER, SECONDED BY COUNCILMAN NAUGHTEN. MOTION TO RECONSIDER CARRIED. COUNCILMAN GOULD THEN MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT ON PAGE 1.10, 17.50.020 B., BANKS BE LISTED IN SUBPARAGRAPH 4 AND DELETED FROM SUBPARAGRAPH 5. MOTION CARRIED,. WITH COUNCIL MEMBERS KASPER AND ALLEN VOTING NO. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILWOMAN ALLEN, 'THAT ON.PAGE 1.11,17.50.020 C.4., THE REQUIREMENT BE CHANGED TO SIX SPACES PER...CLASSROOM..OR ONE.SPACE.PER EMPLOYEE, WHICHEVER IS GREATER. MOTION CARRIED. COUNCILWOMAN ALLEN MOVED, SECONDED.BY_000NCILMAN.KASPER, TO ADOPT CHAPTER 17 OF THE COMMUNITY DEVELOPMENT CODE, AS.AMENDED. MOTION CARRIED. COUNCILMAN GOULD MOVED,.SECONDED..BY COUNCILMAN KASPER, THAT ON.PAGE 138,.18.40.000, IN THE SECOND LINE OF THE SECOND PARAGRAPH (WHICH.IS..THE FIRST PARAGRAPH QUOTED.FROM THE UNIFORM BUILDING CODE) THE WORDS "PUBLIC WORKS DIRECTOR..".BE.CORRECTED TO READ."BU.ILDING OFFICIAL" AND FURTHER, IN SUB- PARAGRAPH 1 OF THAT QUOTED PARAGRAPH, ON THE FOURTH LINE, THE WORDS "PUBLIC WORKS DIRECTOR" AGAIN BE CORRECTED TO READ "BUILDING OFFICIAL." ..MOTION CARRIED. COUNCILWOMAN.ALLEN MOVED, SECONDED.BY COUNCILMAN KASPER, THAT.ON PAGE 139, 18.40.020, THE WORDS "PUBLIC WORKS DIRECTOR" BEGINNING ON THE THIRD -LINE BE.CHANGED.TO "BU.ILDING OFFICIAL," AND AT THE END .OF THAT SECTION THE FOLLOWING'BE ADDED: "NO RETAINING WALL MAY..BE BUILT OVER UTILITY EASEMENTS. NO RETAINING WALL MAY BE CONSTRUCTED IN SUCH A MANNER AS TO'ADVERSELY.AFFECT DRAINAGE." MOTION CARRIED. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILWOMAN JAECH, THAT ON.PAGE 140, 18.50.010, THE LAST SENTENCE OF THE SECTION BE DELETED AND REPLACED WITH THE FOLLOWING SENTENCE,:. "DEDICATIONS MAY BE*ENTERED ON THE MAP WITHOUT AN ORDINANCE AFTER THE CITY COUNCIL HAS ACCEPTED THE DEDICATION." MOTION CARRIED. • _ y September 29 1980 - continued COUNCILWOMAN ALLEN MOVED, SECONDED.BY COUNCILMAN KASPER, THAT THE. NEWLY PROVIDED PAGES 155 AND 156 (FIGURES__18=1 AND 18-2 FOR SECTION..J8..95.020).BE ACCEPTED. MOTION CARRIED. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILWOMAN GOETZ,. TO APPROVE CHAPTER 18 OF THE COMMUNITY DEVELOPMENT CODE, -AS AMENDED.- MOTION CARRIED. COUNCILMAN_GOULD MOVED, SECONDED BY.000NCILWOMAN GOETZ, THAT.ON PAGE 158, 19.00.000, ON THE THIRD LINE, "1976" BE CORRECTED TO "1979." MOTION CARRIED. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILWOMAN ALLEN,.THAT.ON PAGE 158, 19.00.010, THE FIRST SENTENCE OF THAT SECTION BE CHANGED TO READ: "THE UNIFORM BUILDING CODE AS -ADOPTED SHALL INCLUDE THE FOLLOWING AMENDMENTS:". MOTION CARRIED. COUNCILWOMAN ALLEN MOVED, SECONDED.: BY COUNCILWOMAN GOETZ,.THAT.ON PAGE 159, 19.00.010, SUBPARAGRAPH D. BE DELETED.AND REPLACED WITH THE FOLLOWING: "D. PERMIT.NOT ISSUED. APPLICATIONS FOR WHICH NO PERMIT •IS,ISSUED WITHIN 180 DAYS FOLLOWING THE DATE OF.APPLICATION OR 90 ,DAYS,FOLLOWING APPROVAL, WHICHEVER IS SOONER, SHALL EXPIRE BY LIMITATION AND PLANS AND -OTHER DATA SUBMITTED FOR REVIEW MAY THEREAFTER BE RETURNED TO THE.APPLICANT OR DESTROYED BY THE BUILDING OFFICIAL. THE BUILDING OFFICIAL MAY EXTEND THE TIME FOR ACTION BY THE APPLICANT FOR A PERIOD NOT EXCEEDING 180 DAYS UPON REQUEST BY THE APPLICANT SHOWING THAT CIRCUMSTANCES BEYOND THE CONTROL -.OF THE APPLICANT HAVE PREVENTED ACTION FROM BEING TAKEN. NO APPLICATION SHALL BE EXTENDED MORE,THAN ONCE. IN ORDER TO RENEW ACTION ON AN APPLICATION AFTER EXPIRATION, THE APPLICANT SHALL RESUBMIT.PLANS:AND PAY A NEW PLAN REVIEW FEE." MOTION CARRIED. COUNCILWOMAN ALLEN MOVED, SECONDED.BY.000NCILWOMAN GOETZ, THAT .ON PAGE 162, 19.00.070 C., THE GROUP "I" AND "J" DESIGNATIONS BE CHANGED TO "R" AND "M." MOTJ ON CARRIED. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, THAT.ON PAGE 167, 19.25.000, IN THE SECOND LINE, "INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICERS" BE CHANGED TO "INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS.". MOTION CARRIED. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, THAT..ON.PAGE 168, 19.30.020 A., B., AND C., "UBC" BE CHANGED TO "UPC." MOTION CARRIED. COUNCILMAN KASPER MOVED, SECONDED BY.000NCILWOMAN ALLEN, THAT ON.PAGE 179, 19:75.040, PARAGRAPHS B. AND C. BE DELETED IN THEIR ENTIRETIES, AND THE CAPTION'FOR 19...75.040 BE CHANGED FROM "FIRE DISTRICT AND ZONES" TO "FIRE DISTRICT." MOTION CARRIED. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILWOMAN GOETZ,.TO ADOPT_CHAPTER 19 OF THE COMMUNITY DEVELOPMENT CODE, AS AMENDED. MOTION CARRIED. COUNCILWOMAN ALLEN MOVED, SECONDED -BY COUNCILWOMAN GOETZ, THAT ON PAGE 195, 20.10410, BEGINNING'ON THE SIXTH LINE, THE FOLLOWING WORDS BE DELETED: STREET IMPROVEMENTS (EXCLUDING MAINTENANCE, RESURFACING, AND WIDENING OF LESS THAN.EIGHT FEET),". MOTION CARRIED. COUNCILMAN KASPER MOVED, SECONDED,.BY COUNCILWOMAN ALLEN,.THAT ON PAGE.2111-20.30.050 B., A PERIOD BE PLACED AFTER "SECTION 17.50.070".ON,THE SEVENTH LINE AND THE BALANCE OF -'THE -PARAGRAPH BE DELETED. MOTION'CARRIED. COUNCILMAN KASPER MOVED, SECONDED..BY COUNCILWOMAN GOETZ., THAT ON:PAGE 211, 20.30.050 C., A PERIOD BE PLACED AFTER THE WORD "ABOVE" IN!_THE FIFTH.LINE AND THE.BALANCE OF THE SENTENCE DELETED. MOTION CARRIED. COUNCILMAN: GOULD MOVED, SECONDED...BY:000NCILMAN_NAUGHTEN, .THAT ON_PAGE 212, 20.35.010, THE.SENTENCE BE CHANGED TO READ: "PLANNED.RESIDENT.IAL.DEVELOPMENTS ARE. -.PERMITTED IN THE RS-AND RM ZONES, AND IN • THE RS ZONES ONLY AS SINGLE-FAMILY,;.DETACHED,-DWELLING-UNITS." MOTION CARRIED, WITH COUNCIL MEMBERS KASPER AND ALLEN VOTING NO.' COUNCILMAN NAUGHTEN MOVED,.SECONDED_BY.000NCILMAN GOULD., THAT ON PAGE 214, 20.35.060, THE FIRST PARAGRAPH BE CHANGED TO SAY: "THE:CITY MAY APPROVE A CHANGE.FROM.:ANY OF ITS REGULAR DEVELOPMENT REGULATIONS EXCEPT ALLOWABLE DENSITY AND BUILDING HEIGHT." MOTION CARRIED, WITH COUNCIL MEMBERS ALLEN AND KASPER VOTING NO. COUNCILMAN COULD MOVED, SECONDED ... BY..000NCILMAN NAUGHTEN, THAT ON PAGE 214, 20.35.060, THE FOLLOWING BE INCORPORATED (FROM COUNCILMAN GOULD'S JULY 29, 1980 MEMO): "RS Single -Family Residential Zone 1. This area of the city is identified as single -family -residential and, therefore, every'PRD in this zone shall be consistent -with the neighborhood characteristics and maintain building height and engineering requirements of that zone. 2. Only single-family, detached homes.are permitted. "RM Residential Multiple Zone 1. Specialattention shail be given.PRDs proposed where the RM zone.abuts an RS.zone-so that the impact,on the neighborhood is addressed and mitigated through design, circulation, and screening. 2. The following concepts are allowed: a. Single-family, detached homes. b. Duplexes. • c. Townhouses." 116 September 2, 1980 - continued • Following some discussion, COUNCILMAN GOULD MOVED TO AMEND HIS.MOTION,.ACCEPTED BY THE SECOND, THAT IN THE THIRD LINE OF PARAGRAPH 1 UNDER RS,SINGLE-FAMILY .RESIDENTIAL ZONE THE WORDS "AND ENGINEERING REQUIREMENTS" BE DELETED. THE MOTION TO AMEND CARRIED, WITH COUNCIL MEMBERS ALLEN, GOETZ, AND KASPER VOTING NO. THE MAIN,MOTION THEN CARRIED, WITH COUNCIL MEMBERS ALLEN AND KASPER VOTING -NO. COUNCILMAN GOULD THEN MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT ON PAGE 214, 20.35.050, THE FOLLOWING BE INCORPORATED (ALSO FROM COUNCILMAN GOULD'S JULY.29,1980 MEMO): "General Guidelines and Criteria 1. Only those properties where an unusual circumstance exists making it.difficult, to develop on a lot -by -lot basis may be considered for a PRD. This i,s intended to include situations such as: steep slopes,,wetlands, significant and substantial natural features (groves of woods, specimen trees, animal habitats, streams, ponds, lakes), views, or historic structures. 2. All"projects-shall give special treatment .to perimeter transition .so as to minimize neighborhood impact through buffering, screening, and landscaping. 3. Each project must demonstrate there is a clear benefit to the public by adoption of the,proposed PRD site such as: a. The creation of beneficial open space. b. The preservation of significant natural features. C. The provision for substantive additional public use facilities such as walkways, bike paths, or public access to beach.or park. • d. Reduced density, the proposed PRD density will be compared with the City of Edmonds Planning Department Staff's position as to the actual maximum number of dwelling units reasonably likely using the underl.ying.zoning." THE MOTION CARRIED, WITH COUNCIL MEMBERS.ALLEN AND KASPER VOTING NO. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN GOULD; THAT OW PAGE 215, 20.35:060, ANOTHER PARAGRAPH BE ADDED STATING: "SIZE. A FIVE -LOT MINIMUM." MOTION.CARRIED,.WITH COUNCIL MEMBERS ALLEN AND KASPER VOTING NO. At -this time.it was explained how these items would be incorporated into Section 20.35.060 and how they would be numbered. Regarding 20.60.080 H. (Campaign Signs), on page 229, it was noted that:the current code had been amended but this draft -had not been updated.,. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT 20.60•.080 H. BE UPDATED•AS AMENDED BY THE MOTION OF NOVEMBER.20, 1979 WHICH STATED: .TO;PERMIT POLITICAL SIGNS IN THE PUBLIC RIGHT-OF-WAY FOR SHORT.PERIODS; E.G., 30 DAYS BEFORE_ AND10 DAYS AFTER AN ELECTION:" MOTION CARRIED. COUNCILWOMAN,ALLEN MOVED, SECONDED BY.000NCILMAN KASPER, THAT.ON PAGE 254, 20.90.010 B.2.a.,'THE SUBPARAGRAPH NUMBERS "(1)" AND 11(2)" BE REVERSED AND THE WORDS."AND" AND "OR" AT THE END OF EACH BE EXCHANGED. MOTION CARRIED. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT ON PAGE 257, 20.95.010 B., IN THE SECOND LINE, THE WORDS "ON THE FORM PROVIDED" BE DELETED. MOTION CARRIED. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN.NAUGHTEN, THAT ON PAGE.267, 20.105.040 C.1., THE FIRST SENTENCE BE CHANGED TO READ:....".THE COUNCIL SHALL CONSIDER THE APPEAL, ON A DE NOVO BASIS." Councilman Gould explained that he felt it should be done this•way for a, while until:the system is • tried and the problems worked out, and -at a future date it can be changed to having the appeal based on review of the record. THE MOTION CARRIED. COUNCILMAN NAUGHTEN MOVED, SECONDED.BY COUNCILMAN GOULD, TO ADOPT CHAPTER.20 OF THE COMMUNITY DEVELOPMENT CODE, AS AMENDED. MOTION -CARRIED.. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, THAT ON PAGE 274, 21.20.050, ON THE THIRD LINE, A PERIOD BE PLACED.AFTER "MOBILE.,HOMES" AND THE BALANCE OF THE.SENTENCE BE DELETED., MOTION CARRIED. COUNCILMAN NAUGHTEN MOVED, SECONDED.BY COUNCILWOMAN GOETZ, THAT ON.PAGE 282,.21.55.010, FOLLOWING THE DEFINITION, THIS WORDING "FOR BE ADDED:.. PURPOSES OF THIS CODE ADJOINING LOTS UNDER COMMON OWNERSHIP, WHICH WERE..,CREATED WITHOUT..SUBDIVISION.OR SHORT SUBDIVISION APPROVAL FROM APPLICABLE CITY OR COUNTY GOVERNMENTS; SHALL BE CONS.IDERED.AS ONE LOT AND SUBJECT.TO THE REGULATIONS CONTAINED -THE HEREIN. TERMS OF THIS'SECTION-'SHALL APPLY.;REGARDLESS.OF WHETHER THE INDIVIDUAL ADJOINING LOTS MEET CURRENT ZONING REQUIREMENTS:" .MOTION CARRIED. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, THAT ON PAGE 283, 21.60.010, IN'THE FIRST LINE, THE WORDS "DWELLING UNIT" BE CHANGED.TO "BUILDING." MOTION..CARRIED. COUNCILWOMAN.ALL-EN MOVED, SECONDED BY.000NCILWOMAN:GOETZ, TO,.ADOPT ,CHAPTER 21 OF THE COMMUNITY DEVELOPMENT CODE, AS AMENDED. MOTION.CARRIED.. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO.ADOPT..CHAPTER 10.60 AND CHAPTER 10.65 OF THE COMMUNITY DEVELOPMENT CODE. MOTION CARRIED. Thanks were expressed to the Staff, and also to the audience,,for their work in preparing the new Community Development Code. LJ 117 • September 2, 1980 - continued There was no further business to.come'before the Council, and the meeting adjourned to Executive Session at 12:40 a.m. IRENE VARNEY MORAN, C6ty Clerk HARVE'H. HARRISON', Mayor September 9, 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 John Nordquist Charles. Dibble, M.A.A. Jo -Anne Jaech Fred Herzberg, Public Works Director Bill 'Kasper Irene Varney Moran, City Clerk Katherine Allen Art Housler, Finance Director Ray Gould Jack Wei.nz, Fire Chief Larry Naughten Mary Lou Block, Planning Division Manager Mary Goetz Jim Jessel, Parks & Recreation Director Jim Murphy, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA Items (B), (D), and (G) were removed from the Consent Agenda.. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN GOULD, TO APPROVE THE BALANCE OF THE CONSENT.AGENDA.. MOTION CARRIED. The approved items on the Consent Agenda included the following: (A). Roll call. (C) Acknowledgment of receipt'of Claims for Damages.from.H. P. Gerdon in the amount of $36.E4 and from Ted Segelbaum in the amount of $297.47. (E) Adoption of Ordinance 2157,.vacating the east side,of 6th Ave., south of Elm. (-F) Passage of Resolution.475, setting a hearing date.of September 23, 1980 to establish a small works roster. (H) Setting date of September 23., 1980 for hearing on amendments to Parking Ordinance (Railroad Ave.) APPROVAL,OF MINUTES .OF- SEPTEMBER.2, 1980 [Item (B) on Consent Agenda] Councilman Gould asked that the. Minutes .be amended on page 1, the twelfth line under the "MAYOR" section,,to insert the word "except" between the words "law" and ".on," so the end of that sentence reads ". . . he was not going to enforce the law'exce t on those issues in his favor." COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN NAUGHTEN, TO APPROVE ITEM (B) ON THE CONSENT AGENDA, AS -AMENDED. MOTION CARRIED. . • REPORT ON.BIDS:RECEIVED FOR:INTERIM.FINANCING OF -LID 206 [Item.(D).on Consent.Agenda] Councilman Naughten noted that the Finance Director had requested approval of the award of the bi.d in the form of a motion, for bank purposes. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO AWARD -THE BID FOR INTERIM FINANCING OF LID 206 TO OLYMPIC BANK WITH 6.5% INTEREST.RATE, AND APPROVING ITEM (D) ON THE CONSENT AGENDA. MOTION CARRIED. AUTHORIZATION.FOR MAYOR TO EXECUTE.PROPOSED GENERAL AGREEMENT FOR.ENGINEERING SERVICES BETWEEN CITY'!OF.:EDMONDS':AND REID, MIDDLETON & ASSOCIATES, INC. [Item(G) on Consent Agenda] Councilwoman Jaech asked what the normal procedure was for such contracts. Public Works Director Fred Herzberg responded that Reid,. Middleton & Associates had been the Ci-ty'_s consulting.engineers for a large number of years and.they are capable of doing some*of the small jobs when the City does not have the time. The City has a contract with them which this new contract will replace. Mr. Herzberg said that on specific construction.jobs the City goes out for bids. He noted that many cities have a contract with just.one-firm,-some go out.for.each and every job, and some do both -- which is what Edmonds does. And he.also noted that their rates are compared with those of other firms. ..Councilman Gould said he recognized that Reid-Middleton.has.the records and history to give the City efficiency, but'he suggested that the fee structures be.requested from other firms for comparison. He suggested that this be..sent back to.Rei.d-Middleton and that they be advised that other firms. are being asked to subm.i.t .thei.r engineering.,fees for. general municipal. projects... COUNCILWOMAN..ALLEN MOVED, SECONDED.BY..000NCILWOMAN.GOETZ,,,THAT ITEM (D) BE CONTINUED TO.. OCTOBER 7,. 1980 AND THAT ENGINEERING FEE PROPOSALS, BE SOLICITED-FROM_OTHER' ENGINEERING FIRMS. MOTION CARRIED. COUNCIL Councilman Gould advised that he would.be.absent-September...16, 1980. Councilwoman Goetz. -questioned some of..the figures in the..letters sent by the Mayor to water customers *.in the City. He explained that there was a mix-up in terminology, resulting in the variance in the ** figures. *See amendment, 9-16-80 **See second amendment, 6-23-80, under "COUNCIL" (page 122)