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19801118 City Council Minutes-15o November.13, 1980 - continued 1 • Councilwoman Allen was.still opposed. She felt the State could give a little and cut the lanes down and get the whole thing in 40'. Councilman Gould said he had asked the Mayor to call State Representa- ti ve Ga:ry,.Nel son � and' State. Senator Sue Gould to ask` them' to talk to Mr. Z.i rkl e, and he inquired whether that fad, been done, but.no one' present Knew. COUNCILMAN" KASPER THEN MOVED, SECONDED BY COUNCILMAN GOULD, THAT THE PROJECT BE BUILT AS PROPOSED BY THE ADMINISTRATION (BEING THE PUBLIC WORKS DEPARTMENT OF THE CITY OF.EDMO14DS AND THE STATE, HIGHWAY. DEPARTMENT) WITH THE LIMITATIONS THAT ALL STEPS WILL -BE MADE TO LIMIT THE SLOPE EASEMENTS.TO BE INSIDE 5' ON THE SOUTH SIDE OF PUGET LANE UNLESS OTHERWISE PREFERRED BY THE PROPERTY OWNER AND THAT WILL BE LEFT UP TO THE PROPERTY OWNER'IN THE SETTLEMENT OF PROPERTY ACQUISITION; THAT THERE ONLY BE A LEFT'TURN TO OLYMPIC AVE. SOUTHBOUND OFF THE HILL WHEN GOINGAEST ON SR 524, WITH NO LEFT TURN NORTHBOUND.FROM SR 524 TO OLYMPIC AVE. BECAUSE IT APPEARS THERE SHOULD BE A FOOT CROSSING ISLAND THERE AND IF YOU HAVE AN ISLAND YOU CANNOT HAVE A TURNING LANE; AND THAT THE TRAFFIC CONFIGURATION BETWEEN THE GAS,STATION AND THE STORE BE LEFT.TO THE CITY ENGINEERING'DEPARTMENT AND THE COUNCIL PUBLIC WORKS COMMITTEE TO BRING BEFORE THE COUNCIL` OR -FURTHER STUOY..' TH[E MOTION CARRIED, WITH COUNCILWOMAN ALLEN VOTING NO. COUNCILMAN NAUGHTEN THEN MOVED, SECONDED BY.000NCILWOMAN GOETZ, TO AUTHORIZE THE MAYOR TO SIGN THE CONTRACT WITH THE DEPARTMENT OF TRANSPORTATION FOR PHASE II OF THE SR 524 IMPROVEMENT. MOTION CARRIED, WITH COUNCILWOMAN.ALLEN VOTING NO. There was no further business to.come before the Council, and the meeting adjourned at 11:30 p.m. 'IRENE VARNEY MORAN, CiV Clerk November 18, 1980 RRY GHT ounciImember 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, Harve Harrison, Mayor Ray Gould Paul Christensen, Student Rep. Jo -Anne Jaech Mary Goetz Katherine Allen Larry Naughten Bill Kasper John Nordquist STAFF PRESENT Charles Dibble, M.A.A. Fred Herzberg, Public Works Director John LaTourelle, Community Development Director Mary Lou Block, Planning Division Manager Irene Varney Moran, City Clerk Art Housler, Finance Director Marlo Foster, Police Chief Jack Weinz, Fire Chief Jim Jessel, Parks & Recreation Director John Wallace, City Attorney Mark Eames, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA COUNCILWOMAN ALLEN MOVED,.SECONDED BY COUNCILMAN NORDQUIST, 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 November 10, 1980. MAYOR Mayor*Harrison advised that Vic Schoch's term on the Library Board would be expiring December 31, 1980, and he had filled the last two years of a vacated position. Mayor Harrison proposed that he be appointed to a full term. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN NAUGHTEN, TO CONFIRM THE MAYOR'S REAPPOINTMENT OF VIC SCHOCH TO POSITION 2 ON THE LIBRARY BOARD, TERM TO EXPIRE DECEMBER.31, 1985. MOTION CARRIED. Mayor Harrison proposed appointing,John Byrd to the Hearing Examiner Position. ..Mr. Byrd is a lawyer, retired from the Coast Guard, and has served on the Board of Adjustment for 2 '112 years. His schedule is flexible and Mayor Harrison did not feel there would be any conflicts of interest,'and he asked for confirmation of the appointment. Councilwoman Allen stated that the Council had interviewed Mr. Byrd prior to this evening's Council meeting and they felt there are some gaps in his experience in planning and land use regulations. THEREFORE, COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN GOULD, THAT THE COUNCIL NOT CONFIRM THE MAYOR'S APPOINTMENT OF JOHN BYRD TO THE HEARING EXAMINER POSITION. A ROLL CALL VOTE WAS TAKEN ON THE MOTION, WITH COUNCIL MEMBERS GOULD, JAECH, GOETZ, ALLEN, NAUGHTEN, AND KASPER VOTING YES, AND WITH COUNCILMAN NORDQUIST VOTING NO. MOTION CARRIED. COUNCIL Counccilman'Gould noted that a letter had been received from Keith Eggen, State Aid Engineer, Department of Transportation, regarding Certification Acceptance Procedures, which Councilman Gould could not understand. Public Works.Director-Fred Herzberg responded that he is hesitant to continue under this procedure and, in fact, had not asked for full qualification on it and had decided not to November 18, 1980 - continued • participate,in several areas because of lack of staff and .facilities to do so. At the present time the City has .no projects.that fall into this category so it is not subject to anything now. Council- man Nordquist observed that the.C.i.ty'would have to wait to see what the State Highway Department decides to do before making any decision, so the.matter will.be held over until that -time. Councilman Gould; who represents.the Council in the Snohomish;County Solid Waste Program., reported.. on the recommended actions within the plan update and provided the.Council an extract from the report describing those actions.. He noted that there will be a public hearing on November 20, 1980, at 7:30 p.m., in the City of Everett Council Chambers. .Councilman-Norquist questioned whether the Health Department had received:a copy of the plan update, and.Councilman Gould noted that Dr. Hyatt is on the Solid Waste Committee and has two alternates, one of whom was at the committee meeting on this. Councilman Nordquist commented on the Cathcart site which is already unsuitable because it cannot support the trucks going there and the impervious layer they fill already is leaking. Councilman Naughten reported that the Finance Committee had met this evening and reviewed the recommendations of the Finance Director on the selection of a CPA firm to conduct the water/sewer rate study. Of the proposals.submitted, Mr. Housler had recommended the firm of Price Waterhouse & Co. whose fee for the study is $19,000. He provided a rating analysis of the three firms submitting proposals. Councilman Naughten said.the Finance Committee had concurred.with his recommendation. Councilman Naughten read aloud the Council's desires in establishing permanent rates; i.e., a reduced rate will be provided for senior/fixed,income citizens; water conservation will be promoted; future generations/citizens will carry the burden of capital improvements through bonding; income should cover all costs including depreciation; and the Council will review the operation and consider rate increases during the budget.process.each year. The results of the study will be available in mid -January.. .COUNCILMAN NAUGHTEN MOVED; SECONDED BY COUNCILMAN KASPER, TO ACCEPT THE FIRM OF PRICE WATERHOUSE.& CO. TO DO THE WATER/SEWER RATE STUDY AT A FEE OF $19,000. MOTION CARRIED. Councilman Naughten noted that the Mayor had provided a list of his appointments to the Planning Advisory Board, and that the Council -would like to schedule interviews with them. Councilman Naughten noted that a letter had been received from James Falconer regarding the Lake . Ballinger annexation and requesting that the City write to the Boundary Review Board indicating its intentions. COUNCILMAN NAUGHTEN:MOVED, SECONDED BY COUNCILMAN NORDQUIST,. THAT THE BOUNDARY REVIEW BOARD BE SENT A LETTER.INDICATING.THE:CITY'S,'INTENTIONS REGARDING ANNEXATION OF A PORTION OF LAKE BALLINGER. MOTION.CARRIED Councilman Naughten noted that a letter had been received from representatives of the "Concerned College Place Elementary Parents" regarding a future College Place traffic light which was in jeopardy. He had no knowledge of such a traffic light.' -Public Works Director Fred Herzberg said it is in the. capital improvements program for sometime in the future.. However, if the State selects the Per- forming Arts Center --parking site as a joint use Park & Ride site then -he would expect they would improve 208th St. and i,nstall-a-traffic light.at that location: COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, THAT AN AGENDA ITEM BE SCHEDULED FOR DECEMBER 16, 1980 TO DISCUSS A POSSIBLE FUTURE TRAFFIC SIGNAL AT 208TH/76TH. %MOTION CARRIED. The -Council -President will write a letter to the Concerned College Place Elementary Parents to advise.them of this discussion. Councilman Naughten complimented,Councilman Nordquist for his leadership in calling a special meeting to review the SR 524 decision rather than let the improvement go.. Councilman Nordquist stated that he had no conversation with the.State Highway Department regarding that, and he apologized for not being present at that special meeting as -he had.another'duty that evening. Councilman Naughten noted that a report had been received from the Parks & Recreation Director regarding diver safety. COUNCILMAN.NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT A DISCUSSION OF DIVING SAFETY BE SCHEDULED FOR DECEMBER 23, 1980. MOTION CARRIED. AUDIENCE Delores Lovell, new owner of the Edmonds West Tavern at 414 Main St., said she was present to inquire about getting a Cabaret Dance License for New Year's Eve at..her tavern. She'sai.d she had talked . with the Police Chief who informed her he would not recommend it without the hiring of two off -duty police officers for the front and back doors, and she did not -see any need for that. She said he was basing his judgment on the reputations of previous owners, but she has two good bartenders and has had.no.pr.oblems. She said she is installing a crash door.on .the back so the tavern cannot be entered from the back, -and every tavern. around her will .be having New Year's Eve parties and they have Cabaret Dance Licenses. She.added that the type of'music played determines the type of crowd, and she planned to have a country western band or a person whoplays records. She would control the size of the crowd by the sale of tickets and her capacity is 106 people, and identifications would be checked as usual. She added.that Chief Foster had indicated it would be difficult to get off - duty officers.to work there. One of her.bartenders, Ken Green, Sr., was present and said he is over 45 years of age.and has had a great.deal of,experience in bars. He said they have had no trouble so. far and that Ms. Lovell is trying -to run a respectable business. City Attorney John Wallace said the Council.could take no action until an application is.submitted. Chief Foster said he had told' her that the Council would make the determination but, based. on the past, his recommendation would be that police officers be present. Councilman-Naughten asked the City Clerk to put this on the Council agenda as soon as possible after receipt.of the'.application. Ray Martin, 18704 94th Ave. W.,.noted that Item 10 on the agenda .was the first reading of the Community Development Code and he had some comments to make. He asked if he would be permitted to speak at that time or if he should make them now. Mayor:Harrison advised him to speak when that item came up on the agenda. HEARING ON STREET DEVELOPMENT ORDINANCE 1 1 Public Works Director Fred Herzberg noted that Edmonds is facing some rather serious street problems. The streets in the College Place area recently annexed are in very poor condition. That area is • • November 18, 1980 - contlnded being developed in RMH which will add considerable traffic to.those.streets. If'each developer is asked.to develop the'street.in front of his development the result will be a checkerboard situa- tion and.a safety hazard. City-wide there is very.li;ttl,e money for street maintenance. Mr. Herzberg said the way of the.future seems to be assessment to.new.developments for improvement of the streets. He proposed establishing -a fund into which each developer would pay, and at the appropriate time and when the.fund has 'enough money­i-t would be used to.improve all the streets in that area. He said the most accepted assessment in other areas has been approximately $150 per auto trip per day, and all residences are assumed to have ten auto trips a.day, so the assessment fora single residential unit would be.$1,500;. and for. commercial property it would be'$150 per auto trip per day.. Snohomish County has had a Road Improvement,Ordinance for a year requiring assessments. in those amounts. If a developer were.developing a cul-de-sac he also would have to'do his own cul-de-sac. Marysville splits the costs between the person who develops the land and the.one who actually builds the structure, and a draft ordinance had.been prepared on that bas.i•s for consideration by.Edmonds. Mr. Herzberg said.there are a number of developers.in the College Place area waiting for this. The hearing was. opened to the public, no one wished to speak, and the hearing was -closed.. Councilman.Nordquist said he had received a telephone call from Falk Helm of the Snohomish County Master Builders Association who said there was.a Master Builders annual dinner this evening in Kirkland so a number of the builders woul.d not be present for this hearing. Councilman Gould noted -that in.working on the.1981 budget it was found that there is no money in the budget to repair the. 100 miles -.of streets in the Ci.ty.. He said the problem is very large and this proposal would not solve it, and he thought it would have to be a bond issue. 'He felt the people who woul.d.be.affected by -action taken,on this were not present this evening and were not aware of what was being tonsiderdd, and he was not ready to.take action. Councilman Nordquist added that the builders. cannot'be burdened with everything, and he suggested that Community Transit be involved • because they have put so many buses on the streets,.and also that the garbage companies be included. He noted that in some places there is a street use tax. Councilwoman Allen noted that the Council is meeting with the Master Builders on December 2 regarding permits and fees,'and she suggested this -may.be discussed at the same time to.see if they have some suggestions. She also noted that in the end the consumer pays the costs. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, THAT THIS SUBJECT BE ADDED TO THE DECEMBER 2, 1980 DISCUSSION WITH THE SNOHOMISH.MASTER BUILDERS AND THAT THIS HEARING BE CONTINUED TO.DECEMBER 2, 1980. Councilman Kasper felt the agenda with the Master Builders was already full: and he observzd- that this proposed ordinance was getting into -street maintenance. He said he had noticed that when funds have been accumulated for the future it just has.not been effective, and by the time the money is accumulated it is not worth anything. THE MOTION CARRIED. APPLICATION FOR LIQUOR LICENSE FOR ARCO STATION AT 202 5TH AVE. S. Police Chief Marlo Foster stated that the applicant.was in the process of remodeling the service bays of the station to make it into a mini -mart which would sell convenience foods including beer and wine. He and his wife have resided in Edmonds four years and have not previously had a liquor license. Neither has a criminal.record. The station 's located in the BC zone and several licenses have been issued in the same:general area. Beer and wine had been sold in the former grocery store directly across the street from this station, but that store chose to close at 9:00 p.m. In speaking with the applicant, Chief Foster found that he would want to try keeping his'mini=mart open 24-hours a day, and the-State.statute could only require him not to sell liquor between.2':00 - 6:00 a.m. Chief Foster.recommended•approval.of the applicant and of the,location. Councilman Gould advised the applicant that in the.recent�past,the Council had discussed regulating the hours of convenience stores, and he wanted the.applicant to be aware that this has been a concern. James J. Fordon, the applicant; responded that currently he had been keeping the same hours as Old Milltown, 7:00'a.m. - .7':30 p.m. He said ARCO has found it more profitable to operate as a mini -mart with the sale of gasoline but no automotive;service.than as an automotive service station; and beer, wine, and soft drinks are basic sales items.. Mayor Harrison asked if anyone in the audience wished to speak on this matter, and no one did. Councilman Naughten recalled that letters had been received expressing opposition. Some were from residents of apartments to the west of thestation who were concerned about the.traffic noise which would be generated by this operation during late hours, and he felt he would have to vote against recommending approval because of.that. He knew liquor had been sold.in that area previously, but he said the•method.of its being -sold -and the way people,got'there would be different. Councilwoman Jaech.noted that the vacated grocery store across the street may again be operated as a grocery store in -the future, and.if this application were.not recommended for approval then the same would have to be done for that. COUNCILMAN KASPER MOVED,.SECONDED BY COUNCILWOMAN ALLEN, THAT THE COUNCIL RECOMMEND APPROVAL OF THE APPLICATION FOR A CLASS E.AND F LIQUOR'LICENSE, PRIMARILY BECAUSE THE LOCATION IS IN A BC ZONE,.AND ALTHOUGH THERE HAPPEN TO BE APARTMENTS ACROSS THE ALLEY THE LOCATION IS ON A CORNER OF A MAJOR INTERSECTION WITH A FOUR-WAY.STOP SIGN AND THERE IS ADEQUATE TRAFFIC CONTROL. Councilman Gould said he would vote in favor of the action because the'Pol.ice Chief had investigated the applicant and the applicant has lived in Edmonds four years and has no criminal record, and the application is to:take the beer and.wine off the premises and not for consumption on the premises, and,the applicant has been advised of,.possible future curtailment of operating hours. Councilwoman Goetz observed that anyone in the area who runs out of milk or bread.late at night has to go a long, way to find such 1 tems. THE MOTION THEN CARRIED, WITH COUNCILMAN NAUGHTEN VOTING NO. PROGRESS REPORT'FROM BRACKE TT'S.LANDING MARINE PRESERVATION TASK FORCE Parks .and Recreation Director Jim Jessel had provided a progress report from the Task Force and he noted that, Frances.Murphy had been in contact with just about everyone possible involved in ecology. The Task Force, with input from local experts and a survey, concluded that Brackett's Landing Beach should.be preserved as.a.marine.sanctuary. Ms. Murphy introduced Lloyd Ostrom, the Chairman of the Task -Force.- Mr. Ostrom distributed the survey taken. -with a compilation of the.'returns. The survey was not restricted to Edmonds people; all of South.County was involved. Mr. Ostrom noted that the November 18, 1980 - continued • survey revealed that the highest uses were passive activities, and 97% of those completing the survey were in favor of doing something to preserve the beach. Of those surveyed, 54% felt there should be fines for littering the -beach, which was a surprise to the Task Force. Bob Harmon of.the Shoreline Community College Science Department said the funding for a preservation program for such a facility as the Brackett's Landing Beach is usually beyond what small towns can afford, and in this case his department was.thinking of having -the spring science classes, which begin in January, do a baseline study.o.f the area.. They will needaccess to the yacht facility to get their boatinandout of the..water., and they hope to gather enough information for the displays that will be -.a part -of the.end.product. (Later in the discussion. -Councilman Nordquist sugges$ed'that Andy';s Marinr . be+askbd if:,_the,.:>boati)cou1�d-'be,il:oft:>th6recso';i't��co'Id'.,.be hocked up at night. Mrs. Anderson was in the audience and appeared receptive to the suggestion.) Mr. Harmon introduced Jack Serwold, the head of the Science.Department, and an Edmonds resident, who arrived during the discussion. Ms. Murphy then discussed three.goals.in connection with the development of the sanctuary: (1) Establishmen.t.of rules to:be used in establishing the Brackett's Landing Beach Sanctuary; (2) Develop- ment of an ordinance to define..the prohibited acts within the sanctuary; and (3) Development of a program to be.used in the design.and.construction of.the.educational.displays at the sanctuary. She said they would like a simple ordinance basically saying -one can look all he wishes but should not pick up anything. There could be special exceptions to that rule for specified uses.such as educa- tional displays, but. those would have.to.be determined and.crite.ria established. Ms. Murphy said a huge group of volunteers was being assembled to work on this program and .funding was being solicited from various agencies. Councilwoman Goetz commented that.the accomplishments so far had been superb, and she hoped the dreamsfor preservation of that beach would be fulfilled. Student Representative to the Council Paul Christensen said he had worked for the City last. summer in grounds.maintenance and spent a lot of time picking up.garbage at the beach and was disturbed that the City had to spend its man-hours doing that. He felt this.was a fantastic.program', and he said he had had the opportunity to benefit from the knowledge of Mr. Serwold and Mr. McLeod in school, and he knew their knowledge • of marine.life and respect.for..it is very -deep and they had helped him to appreciate 'it. He thought the entire area owed 'it to the beachlands to pursue this.program:. COUNCILMAN'GOULD',THEN7-MOVED, SECONDED BY COUNCILWOMAN GOETZ THAT THE CITY COUNCIL AUTHORIZE THE MARINE PRESERVATON TASK FORCE TO PROCEED WITH THE THREE GOALS STATED. BY MS. MURPHY, AND THAT SUCH INFORMATION BE PRESENTED TO THE . COUNCIL. MOTION CARRIED. COUNCILWOMAN'ALLEN MOVED, SECONDED BY COUNCILMAN GOULD,.THAT A PROGRESS REPORT BE PROVIDED AT THE END OF MARCH OR EARLY APRIL,.AND A SECOND,REPORT BY MID-JULY. MOTION CARRIED. Ms. Murphy was thanked for -her outstanding endeavor. A short.recess was announced at 9:45 p.m:, and during the recess Councilwoman Jaech left the meeting. Following the recess, Mayor Harrison announced that the IAC grant had been approved for the improvement'., at the end of Dayton St. and the connection with the Union Oil Marsh. The grant was in the amount.of $73,500 and with that there will be an undergrounding project of approximately $140,000. Thanks were expressed to the various departments involved in that application. z APPROVAL TO PROCEED WITH SPACE FOR FIRE ENGINE ON PORT PROPERTY Fire Chief Jack Weinz stated that there would'be a real problem for fire protection on.the.west side of the railroad tracks if there should be a train derailment because both accesses could.be blocked. There would be no way to get equipment across the tracks.and on that side there are some homes, some apartments, the Senior Center, the'Marina, and various businesses. The only availab.le.site.to house a fire engine would need some.remodel.ing and would -not be.available.permanently. Chief-Weinz approximated the costs of remodeling to be $2,500 which was available in this year's budget..'He said the.engine would be manned by volunteers, one of which currently lives there and -one works there. Some additional recruiting would be -done of volunteers who are located on the west side of the tracks. Chief We.inz said a train derailment often starts.a'fire so the possibility of both a derailment and fire occuring at the same time was not remote.. 'He added that there are numerous hydrants on the west. side of -the tracks. Councilwoman Allen'expressed'concern that if this'.were approved the.next thing would be the • request for personnel to man a station on the other side of the tracks. .After discussion, Councilman Naughten expressed favor of the.request and Councilman Kasper felt it should be tried while the building was available. COUNCILMAN.NAUGHTEN'MOVED, SECONDED.BY'000NCILMAN KASPER, TO APPROVE THE REQUEST AS LONG AS THE EXPENDITURE -DOES NOT EXCEED $2,500. Councilman'Gould was concerned that the money was not being spent wisely as the -building may be available for -only two years. He thought the odds were that a train derailment and fire would not occur.simultaneously, and he felt this appeared to.be a move to decentralize the Fire Department: M.A.A. Charles Dibble interjected that this money was not an investment, but an insurance premium, and the only reason to put a fire.engine down there was,to protect against that possibility. He said this was'a very limited situation and a potentially dangerous problem. A"ROLL CALL VOTE WAS THEN TAKEN ON THE'MOTION, WITH COUNCIL MEMBERS NAUGHTEN, KASPER, AND GOETZ VOTING YES, AND WITH COUNCIL MEMBERS GOULD, ALLEN, AND NORDQUIST VOTING NO, RESULTING IN A TIE VOTE. MAYOR HARRISON VOTED YES TO BREAK THE TIE, AND THE MOTION CARRIED. PROPOSED ORDINANCE VACATING PORTION OF 8TH N.,-BETWEEN ALOHA AND DALEY Councilman Kasper was one of the principals in'this proposal -and he excused himself and left the rostrum during the discussion: City Attorney John Wallace stated that the appraisal for the vacated property had been received and'was communicated to the property owners, but there had been no agreement reached -with the property owners on the payment. He said there had been some discussion regarding alternative methods of compensation, but the property owners would have to come forward with a concrete proposal. At this time he said the matter should be stricken from the agenda, and it would be put back on at such time as -they are ready to come forward with a proposal. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO STRIKE THIS MATTER FROM THIS EVENING'S AGENDA WITH THE INTENT OF PLACING IT ON AN AGENDA.UPON RECEIPT OF A PROPOSAL FROM THE PROPERTY OWNERS. MOTION CARRIED. Councilman Kasper returned to -the rostrum. r1 LJ November 1.8, 1980.- continued FIRST READING.OF COMMUNITY.DEVELOPMENT CODE, UPDATED OFFICIAL.ZONING MAP, AND ' RECODIFICATION OF CITY CODE. Councilman Nordquist noted that the public -hearing on,this item,is scheduled for December 2, 1980, and he had -discussed this with Mr: Martin during the recess as Mr. Martin wished to comment. Mr. Martin still wished to make his comments this evening. Ray Martin, 18704.94th Ave...W..:; made the following observations regarding -the Community Development Code: -.On page 23, 15.20.005 C:1.-a., the word"attached" was.used instead of "detached." On page 90; 16.50.010 B.3., regarding secondary uses in the BC zone, multiple dwelling,"units" (plural) in the -story above the street was changed to multiple dwelling -"unit" (singular.). -On page 102, a new section 17.00.050 states the old code will sustain if any part of the new code is found invalid, and there is no cut-off time. On page 184, he could not find that smoke detectors -are required in condominiums and he suspected that was an omission. On page 212, 20.35, regarding PRDs, he thought the requirement of a 5=lot:minimum had been'restor.ed and he did not find that in the revision. Also, the same reference::he made.earlier regardingdetached and attached units, and the distance between units being 6'. Councilman'Kasper responded that he thought the distance was controlled in the Fire Code. On page 264,.20.105.50 C.l.,'regardi.ng appeals to the Council of'a Hearing Examiner finding, he said the first°sentence was confusing because it says the Council will review on a de novo basis "including review of the record" which would not be de novo. He suggested that PRD be defined and the definition be'included in the "P" terms on page 285. The.updated Official Zoning Map was on display, and City Attorney John Wallace read the titles of the two ordinances which will -adopt the Community Development Code and the updated Official Zoning Map and provide for recodi.fication of the City Code, as follows: The first, AN ORDINANCE OF THE • CITY OF EDMONDS, WASHINGTON, ADOPTING.A NEW COMMUNITY DEVELOPMENT CODE FOR.SAID CITY AS NEW TITLES OF THE EDMONDS CITY CODE :INCLUDING: TITLE 15 SETTING FORTH REVTSED`LAND'USE''APPLICATION FEES, -... REVISIONS TO'THE COMPREHENSIVE-PLAN.AND ITS COMPONENT ELEMENTS'; TITLE 16 SETTING FORTH REVISED ZONiNG.DISTRICTS AND CLASSIFICATION OF LAND USE AND DEVELOPMENT.; TITLE-17 ADOPTING A REVISED OFFICIAL ZONING MAP. AND PROVIDING FOR.ZONING ADMINISTRATION, BONDING,. FENCES AND HEDGES,. LAND AND BUILDING USES,.PARKING REQUIREMENTS,;AND PERFORMANCE STANDARDS; TITLE 18 SETTING FORTH PUBLIC WORK REQUIRE- MENTS AND RELATED STANDARDS"INCLUDING WIRES AND WIRING,. SEWERAGE AND DRAINAGE,.GRADING AND RETAINING, STREETS, RIGHTS -OF -WAY, SIDEWALKS, USE PERMITS, TREES AND PARKING LOTS; TITLE 19 ADOPTING UNIFORM BUILDING CODES AND RELATED CODES FOR HOUSING, ELECTRICAL, MECHANICAL, PLUMBING, MOVING, SIGNS, SWIMMING POOLS; MARINAS, FIRE PREVENTION AND SAFETY; TITLE 20 PROVIDING FOR REVIEW CRITERIA AND PROCEDURE, FOR.MATTERS WITHIN THE COMMUNITY DEVELOPMENT CODE AND PROVIDING.FOR SPECIAL PERMITS OF CONDITIONAL USE,.VARIANCE,.ARCH.ITECTURAL DESIGN, ENVIRONMENT, GROUP HOMES, HOME OCCUPATIONS,.HOUSING FOR THE ELDERLY,.JOINT PARKING, PLANNED RESIDENTIAL:DEVELOPMENT, SETBACKS, SHORELINE, SIGNS, STREET MAP CHANGES AND VACATION,._SUBDIV.,ISIONS OF LAND, AMENDMENTS TO CODE TEXT AND OFFICIAL MAPS, PROVIDING FOR PUBLIC NOTICE AND PROVIDING.FOR REVIEW BY CITY.STAFF, PLANNING ADVISORY BOARD, HEARING EXAMINER, CITY COUNCII_.'AND COURTS;.AND'TITLE 21.ADOPTING NEW. -AND REVISED DEFINITIONS FOR SAID CODE; MAKING - PROVISION FOR'SUPERSEDING.PRIOR'.CITY.LAND USE REGULATIONS, OFFICIAL ZONING MAP AND GUIDELINES SET FORTH IN PRIOR CITY CODE -TITLE 12.(ZONING AND PLATTING_) AND TITLE 20 (SIGN CODE); AND PROVIDING PENALTIES. The.second'ordinance, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGT.ON, ADOPTING BY REFERENCE AND�BY CODIFICATION;AS PROVIDED FOR AND:PURSUANT TO THE REVISED CODE -OF WASHINGTON-A. RECODIFICATION.AND RECOMPILATION OF ALL ORDINANCES OF THE. CITY OF-EDMONDS OF A, GENERAL, PUBLIC, OR PERMANENT NATURE.AS A NEW EDMONDS..CITY CODE CONSISTING OF: TITLE 1 GENERAL PROVISIONS; TITLE 2 CITY OFFICIALS AND'PERSONNEL;..TITLE 3:REVENUE AND FINANCE; TITLE 4 LICENSES; TITLE 5 PUBLIC SAFETY AND MORALS; TITLE.6 HEALTH AND'SANITATION; TITLE 7 UTILITY CHARGES AND REGULATION; TITLE 8 TRAFFIC; TITLE 9 STREETS AND SIDEWALKS;'TITLE.10 BOARDS AND COMMISSIONS; TITLES.11-14 RESERVED; TITLE 15 COMPREHENSIVE PLAN; TITLE.16 ZONING DISTRICTS; TITLE.17 GENERAL ZONING REGULATIONS; TITLE 18 PUBLIC WORKS._REQUIREMENTS; TITLE'19 BUILDING CODES; TITLE.10 REVIEW CRITERIA AND PROCEDURES; AND TITLE 21 • DEFINITIONS;'ADOPTING A REVISED:AND UPDATED ZONING MAP.; ADOPTING A NEW CHAPTER 1.01 PROVIDING FOR CODIFICATION OF CITY ORDINANCES. .COUNCILWOMAN ALLEN THEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, THAT THE PUBLIC'.HEARING ON THE ABOVE BE SCHEDULED FOR DECEMBER 2, 1980 AND THAT THE CITY CLERK PUBLISH A NOTICE OF SUCH IN A'NEWSPAPER OF GENERAL.CIRCULATION WITHIN THE CITY OF EDMONDS-AND ALSO POST SUCH NOTICE IN THE THREE..PUBLIC PLACES WHERE NOTICES ARE POSTED. MOTION CARRIED. CONTINUED DISCUSSION ON ADOPTION OF REGIONAL POLICY Planning Divisi.on Manager Mary.Lou Block distributed copies of_a proposed resolution which had been provided by Ron McConnell of the Snohomish Subregional Council, Puget Sound Council,of Governments. The proposed resolution declared support of the Snohomish.Subregional Development Plan as a general guide for growth management in.the Snohomish County area. Lloyd Ostrom, 711 Puget Lane, wished to comment. He.said the plan made a lot of good points but he questioned some things. On page 12, he felt one of:the goals appeared.to be in conflict with reta ining,the'reta it oriented business center in Edmonds, and he asked if this policy would override Edmonds'.`plans. Councilwoman Allen responded that. -the County tried to keep generalities in mind when applying to a widely diverse area.' Mr. Ostrom said he.is concerned with the overall direction of the'City sd.he is interested in the overall direction of this document. He.noted that it speaks to revitalization of declining -neighborhoods, and he felt that was a good..point. On page 18, he noted that it says wherever possible to insure the..costs of change are borne by-the.beneficiaries, and he related to the earlier discussion regarding streets and to a goal statement on page 19. Councilwoman Allen pointed out.that the Puget Sound Council of Governments.gai-ns its power only from its representatives from;the various local governments. She said it does have.some clout in that a group of governments got."together and put some guidelines together.. She found .the plan not incom- patible with the direction.Edmonds is trying to take, and she was generally -comfortable with it. COUNCILWOMAN ALLEN MOVED;"SECONDED BY COUNCILMAN NAUGHTEN, TO PASS RESOLUTION 479 IN SUPPORT OF THE 'GROWTH MANAGEMENT'DEVELOPMENT'PLAN OF THE PUGET SOUND COUNCIL OF GOVERNMENTS. -Councilman Kasper said it was his feeling that it is hypocritical for Edmonds to sign the agreement when the Council . is in the process of taking steps that he felt would limit the options of the youth and the elderly 16 November..18, 1980 - continued • to live in this town. By this he referred to the downzoning of property by reducing established height criteria and by eliminating alternative land use, such as common -wall townhomes in single- family areas:- He said this is being done without establishing a criterion at the same time to mitigate the -problems this causes.; i :.e. ,. relocation in the. City. He. felt, thi s kind of action by Edmonds does.not do.anything but aggravate the problem, and Edmonds is in effect benefiting by the Boei.ng and other-payrol.ls but is_.not showing responsibility to modify slightly its lifestyle to accommodate the -problem. He stated that Edmonds is really saying•."close the door" and wishing the other neighboring communities and the County good luck, but saying it cannot help. He noted that Edmonds was called out for a population of over 42,000 by the Puget Sound Council of Governements. before any recent 'annexations, and by:the Code actions he.felt_the City is setting a no -growth policy. He agreed with many citizens of Edmonds in that he wants his children to stay in this area and to feel they are wanted,' and.that..they not be driven out, and only because of,the new -Code did he feel adopting this plan was hypocritical, but he intended to vote for the resolution. Council woman Allen read the last paragraph of'the'resolution, stating that any inconsistencies of the Subregional*Development Plan with the City of Edmonds that may now exist or that may exist in the future will be resolved through the amendment process. She said she did not think Edmonds is pulling its weight,but°she thought.Edmonds could move toward guiding some growth there. Councilman Gould said he thought the resolution would.support the area concept and it gives a voice in the area concept, and the policy decisions would be used as a general guide. He did not think that took away from the capacity of City Counc il.people to make decisions -for their immediate area. He thought they could and should do both things. THE MOTION THEN CARRIED. There was no further business to come before the Council and the meeting adourned to Executive session at 10:55 p.m. to discuss the City/Port/Pantley parking lot. U IRENE VARNEY MORAN, gXty Clerk November 25, 1980 HARVE H. HARRISON, Mayor 1 Ll 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 STAFF PRESENT Harve Harrison; Mayor Charles Dibble, M.A.A. Larry Naughten .:.Fred Herzberg, Publ'ic_Works Director Mary Goetz Jim.Adams, City Engineer Bill Kasper John LaTourelle, Community Development Director Paul Christensen, Student Rep. Mary Lou Block, Planning Division Manager Katherine Allen Irene Varney Moran, City Clerk Jo -Anne Jaech Art Housler, Finance Director John Nordquist Marlo Foster, Police -Chief Ray Gould J.ack.Weinz, Fire Chief Jim Jessel, Parks &- Recreation -Director Wayne.Tanaka,.City Attorney Jackie.Parrett, Deputy.City Clerk • CONSENT AGENDA Items (B), (G), and (I) were removed from -the Consent Agenda. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN NORDQUIST, 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:Claim for Damages.from Hans.J. Lutz, the amount not indicated. at this time. (D) Acceptance of street. -overlay work by Associated. Sand and Gravel, and setting of 30-day lien period. (E) Authorization to negotiate.a contract with Hugh Goldsmith Associates for monitoring land, movement in the north.Meadowdale landslide complex. (F) .Authorization to call for bids on December 23, 1980.for.Anderson Center reroofing. (H) Authorization for Mayor to sign underg.rounding.*contract with PUD. APPROVAL OF MINUTES OF NOVEMBER..I3.AND 18,.1980 [Item (B)..on.Consent Agenda] Councilman -Kasper referred to the fifth paragraph on page 2`of the November 18, 1980 minutes, saying it was his understanding that.the traffic signal referred: -to by the.College Place Elementary School parents was across from-theeschoo'l, not at'208th as indicated.,in the minutes. Councilman:'Gould read the letter from the parents which discussed a light "to be.pl.aced.along 76th W. near College Place Elementary." Councilman.Kasper asked -that the minutes be.,corrected to refer to a light -on 76th in the area of the elementary school: COUNCILWOMAN ALLEN•MOVED; SECONDED BY COUNCILWOMAN JAECH, TO •