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08/19/1986 City CouncilTHESE MINUTES SUBJECT TO SEPTEMBER 2, 1986 APPROVAL EDMONDS CITY COUNCIL MINUTES AUGUST 19, 1986 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Pro Tem Laura Hall in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT John Nordquist; Larry Naughten, Mayor Duane Bowman, Asst. City Planner Steve Dwyer Peter Hahn, Comm Svc. Director Laura Hall Robin Hickok, Asst. Police Chief Jo -Anne Jaech Bobby Mills, Pub. Wks. Supt. Bill Kasper Bob Alberts, City Engineer Lloyd Ostrom Art Housler, Admin. Svc. Dir. Jack Wilson Scott Snyder, City Attorney Nigel Euling, Student Rep. Jackie Parrett,.City Clerk Margaret Richards, Recorder Council President Hall presided over the meeting as Mayor Pro Tem in the absence of Mayor Naught - en. Mayor Pro Tem Hall called an Executive Session following Item #8 on the Agenda to discuss a per- sonnel and legal property matter for no longer than thirty minutes. Councilmember Nordquist did not vote on Proposed Ordinance 2574 and Proposed Ordinance 2575 [Items 7 (A) and (B) on the Agenda]. CONSENT AGENDA Items (D), (E), (F), and (G) were removed from the Consent A enda. Councilmember Kasper request- ed that Proposed Ordinance 2578 [Item 7 (0) on the Agenda be removed and placed on a future agenda. Mayor Pro Tem Hall ruled Councilmember Kasper's request out of order. COUNCILMEMBER NORDQUIST MOVED,.SECONDED BY COUNCILME14BER JAECH, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (B) APPROVAL OF MINUTES OF AUGUST 12, 1986 (C) ACKNOWLEDGMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM CHRISTINE K.ARR ($86.19) AND JAMES AND BARBARA SOLIE ($600,000+) PROPOSED ORDINANCE 2573 PROHIBITING POSSESSION AND USE OF LIQUOR BY MINORS ITEM D ON THE CONSENT AGENDA] Councilmember Kasper inquired about the interpretation of the sentence, "unlawful for minors to be in a public place while under the influence of or affected by.the use of liquor" because, he said , a minor under the influence may be unaware that he/she is in 'a public place if intoxicated. Assistant Police Chief Robin Hickok said the intent of the ordinance is to prevent minors from consuming alcohol or to be under the influence of alcohol in public places. City Attorney Scott Snyder said it is generally not an offense to a criminal charge if someone has voluntarily consumed alcohol or a drug to the extent that he/she is unaware of his/her actions. The City would not have to prove that that individual intended to be in a public place but, mere- ly, that he/she consumed alcohol and was in a public place. Councilmember Dwyer noted that ordi- nances in other cities were vague, and the proposed ordinance has further clarified its intent. Councilmember Kasper inquired if it was an offense for a minor to be under the influence of alco- hol on private property. Councilmember Dwyer noted that it would be. acceptable in conjunction with certain sections of the ordinance. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE I1EM (D). MOTION CARRIED. PROPOSED ORDINANCE REGARDING THEFT, FORFEITURE, AND SALE OF CABLE TV SERVICES ITEM (E) ON IHE LUNSLNT AGENDAJ City Attorney Scott Snyder said he has not had an opportunity to discuss this issue with the Police Chief due to concurrent vacation schedules. Mr. Snyder requested that this issue be placed on a future agenda to allow him the opportunity to investigate this matter. Councilmember Kasper noted that many people in the City receive cable service free of charge. Mr. Snyder said a successful prosecution typically involves expert testimony on how the system operates, a variety of physical evidence, descriptions, etc. He said it has been his experience that trials may last as long as a day and a half. Councilmember Dwyer recommended that this issue be remanded to the Public Safety Committee meet- ing with Mr. Snyder in attendance. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER JAECH, TO REMAND ITEM (E) TO CITY ATTORNEY SCOTT SNYDER AND INVITE HIM TO THE NEXT PUBLIC SAFETY COMMITTEE MEETING. MOTION CARRIED. AUTHORIZATION FOR MAYOR TO SIGN ADDENDUM TO SEIU AGREEMENT ADDING MUNICIPAL COURT OFFICE CLERK AND COURT CLERK TO B RG INING UNIT [ITEM F ON 1HE CONSENT AGENDAj Mayor Pro Tem Hall said she did not sign the addendum last week because she wanted all Councilmembers to be apprised that an additional person was requested. City Attorney Scott Snyder noted that because the clerks serve at the discretion of the judge, they are in, basically, for the purposes of bargaining salary and not for discipline or termina- tion purposes. Councilmember Kasper inquired if any "E" positions were involved. Mr. Snyder said the grades of the employees are not negotiated. Administrative Services Director Art Housler said the Court Administrator is an "E" position but is not considered in the bargaining group. Councilmember Nordquist inquired about the additional person. Mayor Pro Tem-Hall said the Court Clerk was "signed off" but the Office Clerk was not. Councilmember Nordquist inquired if that was included in the organizational chart when the court was established. Councilmember Dwyer replied affirmatively. He said Judge Conroy has not hired all of the positions yet. COUNCILMEMBER NORDQUIST. MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEM (F). MOTION CARRIED. AUTHORIZATION TO SELL TWO SURPLUS POLICE VEHICLES ITEM (G) ON THE CONSENT AGENDA] Councilmember Nordquist noted that Staff has requested authorization for the surplus vehicles to go to bid. City Attorney Scott Snyder concurred. Councilmember Kasper requested that the Council be apprised of the selling price of the vehicles. Public Works Superintendent Bobby Mills noted said there will be a minimum bid on the van of $2,000. He said it is difficult to place a minimum bid on the motorcycle. Councilmember Nord- quist noted that the document does not reflect that information. He requested that the document reflect authorization to bid Unit N965 at a minimum bid of S2,000 and no minimum bid for Unit N982. Mr. Mills said a minimum bid will be placed on Unit N982. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE ITEM (G). MOTION CARRIED. AUDIENCE Mayor Pro Tem Hall opened the audience portion of the meeting. Stan Dickison, Edmonds Chamber of Commerce, Chairman of the 4th Annual Taste of Edmonds, ex- pressed appreciation on behalf of the Chamber to Mayor Naughten and the City Council for their cooperation in organizing the Taste of Edmonds. He said the event was highly successful, and many positive comments were received. EDFIONDS CITY COUNCIL MINUTES Page 2 AUGUST 19, 1986 Mayor Pro Tem Hall "said she felt the "Taste" was a success. She thanked the Chamber for its efforts. She called on the Assistant Police Chief for a report. Assistance Police Chief Robin Hickok said very few law enforcement problems were encountered. However, he said the crowds in the beer and wine garden were unruly. He suggested that the volun- teers serving the alcoholic beverages receive more extensive training in the future because peo- ple were being overs.erved. Chief Hickok said the women's restroom in the Public Safety Building was closed Friday night because of vandalism, which caused the outhouses to be overworked. fie recommended that a better system be devised for next year's event. Councilmember Jaech said she spoke with some of the police officers on Sunday. She said one of the major problems in the -beer and wine garden was that people were unable to bring food in, which led to a higher level of intoxication because the food would.have offset the alcohol. Mayor Pro Tem Hall inquired if figures were available regarding the number of people in atten- dance. Chief Hickok said there appeared to be twice as many people in attendance on Friday at noon when the event opened than the year before. He said the event was more heavily attended than the previous year. Mayor Pro Tem Hall closed the audience portion of the meeting. PRESENTATION OF ART SCHOLARSHIP TO JENNIFER TACHER Gloria Mae Campbell, Arts Commission, said this is the second year that the Edmonds Art Commis- sion has offered an art scholarship. Monies for the award emanate from proceeds from the Commis- sion's fundraiser, Edmonds Celebrity Night. Jennifer Tacher was chosen from five finalists. Jennifer will attend Oberlin College Conservato- ry of Music in the Fall. Her cumulative grade point average at Meadowdale High School was 3.7. She comes highly recommended by her teachers. Jennifer will major in voice, opera theatre, and musical comedy. She was a three year soprano winner of District Solo and Ensemble; three year State participant in National Honor Society; four years of high honor roll in high school. ;,he participates in church volleyball, softLall, vocal music State contests, and played the role Yuri-Yum in Mikado. Jennifer has also been awarded a scholarship from Oberlin College. Mayor Pro Tem Hall presented Jennifer with the award. Councilmember Kasper raised a point of order. COUNCILMEMBER KASPER i•1,0VED THAT PROPOSED ORDINANCE 2578 [ITEM (D) ON THE AGENDA] BE PLACED ON THE COMMUNITY SERVICES AGENDA FOR FURTHER DISCUSSION BECAUSE NOT ALL OF THE INFORMATION WAS AVAILABLE AT THAT TIME. Mayor Pro Tem ruled that motion out of order. She said Councilmember Kasper could make a motion while that item was being dis- cussed in its order. HEARING ON HEARING EXAMINER RECOMMENDATION ON PROPOSED 6 LOT SUBDIVISION AT APPROXIMATELY 1126 2ND AVE. S. P-3-86/BOLLINIGER CONSTRUCTION Assistant City Planner Duane Bowman reported that on July 3, 1986, the Hearing Examiner held a public hearing on a request for preliminary approval of a proposed six -lot subdivision submitted by Bollinger Construction for the property located at 1126 - 2nd Ave. S. On July 16, 1986, the Hearing Examiner recommended approval of the proposed subdivision subject to the conditions list- ed in his report. Mr. Bowman noted that a copy of the Hearing Examiner's report, the preliminary plat, and a vicini- ty map were attached to Council packets. Mr. Bowman reviewed the Hearing Examiner's Recurarendations as follows: "The Examiner Pro Tem hereby RECOMMENDS to the City Council of the City of Edmonds that the preliminary plat of "Deer Park", P-3-86, (Exhibit 4) be APPROVED SUBJECT TO THE following CONDITIONS: 1) the developer is Y EDMONDS CITY COUNCIL MINUTES Page 3 AUGUST 19, 1931C to comply with all Engineering requirements as yet forth in Exhibit 2; 2) the developer is to comply with all conditions set forth in the Mitigated Determination of No nsignificance, Exhibit 6; 3) the clearing and grading restriction set forth in Exhibit 6 shall be shown on the face of the recorded final plat. Clearing shall include grubbing of brush or cutting of trees. the only exception to the prohibition against clearing small be for trees or vegetation that are dead, dying, diseased or pose a hazard to the public". Mr. Bowman then reviewed a transparency of the subdivision on the overhead projector. The subdi- vision is located at the end of 2nd Ave. and SR104. Access is by clay of Elm Street and 2nd Ave. Zoning is RS-6. Six lots are proposed with a minimum of 6,000 square feet. Five of the lots will directly access 2nd Ave. Lot 6 is bisected by a stream, and the area on the west side of the stream will be held in ownership with lot 6. Mr. Bowman noted that there is a potential for lot 6.to be further developed in the future. He said the area regarding mitigation for clearing and grubbing involves the bank area along both sides of the stream with clearing and cutting on the west side. Development of the property would require a bridge crossing to access the property, although development is not intended at the present time. Mr. Bowman said the applicant submitted a conceptual plan of the possible development of lot 6. The lots would be oversized, and the stream would be bridged to provide access. The concept would create three 15,000 to 28,875 square foot lots west of the stream accessed via a 20 foot wide private road placed over the south 20 feet of lot 6. Councilmember Jaech inquired if the access would be part of the subdivision. Mr. Bowman said if lot 6 is further developed, development on the west side of the stream would commence. Ample space would be available to create access from lot 6, and it would still be legal size. The purchaser of lot 6 would be cognizant of potential development plans. Councilmember Jaech inquired if the City would insure that access is provided to the west side of the stream before lot 6 is purchased. Mr. Borman replied negatively. He said a building permit would be issued. If the purchaser wished to build a house and block access to the lot, that would be his prerogative. Councilmember Jaech expressed concern that the property would be landlocked from the back, and the City would have to bear the cost to remedy the situation. Mr. Boorman said ist Avenue is unopened right-of-way that extends from SR104 down to Elm Street. Councilmember Nordquist noted that the Council had, in the past, permanently closed Elm Street. Mr. Bowman said it is not vacated right-of-way. Councilmember Nordquist inquired about the water pressure in the area. City Engineer Bob Alberts said the water pressure is very high. Staff is requesting that the existing 4" water line be replaced with an 8" water line along the face of the plat. Councilmember Nordquist inquired if the sanitary system would be pumped up to 3rd Avenue. Mr. Alberts said the developers -are requested to plan the homes to enable the system to gravity feed into the existing system. Councilmember Nordquist inquired how the stream would be protected. Mr. Bowman said one of the conditions of the mitigation requires the developer to maintain a greenbelt and erosion control along both sides of the stream with a 15 foot setback from the top of the bank. Councilmember Nordquist inquired if building will be set back from the 15 foot setback.. Mr. Bowman said build- ing will be set back 25 feet. Councilmember Jaech expressed concern that the west side of lot 6 will be landlocked. Mr. Bowman assured Councilmember Jaech that -the property owner would not landlock his property• because he would have to seek to open 1st Avenue. Mr. Alberts noted that the City Code mandates that the property owner will bear the cost to re- place a main line up to 6", and the City will bear the cost between a 6" line and an 8" line. Allan Morgan, representing Reid-hiddleton b Associates and Bollinger Construction, said his cli- ent is in full agreement with the Hearing Examiner's report and Staff recommendations, as. well as mitigation measures. EDMONDS CITY CCUNCIL MINUTES Pace 4 AUGUST 19, 1986 Mr. Morgan said his client intends to retain lot 6 for consideration of future subdivision of the property on the west side of the stream. His intent is not to landlock the adjoining property. Mr. Morgan said the applicant will be constructing a gravity sewer to all lots. The applicant has also agreed to the required setbacks to protect the stream. Councilmember Kasper inquired if lot 6 is large enough to accommodate the 25 foot sideyard set- back. Mr. Morgan replied affirmatively. Mayor Pro Tem Hall openeu the public portion of the hearing. No public input was offered. Mayor Pro Tem Hall closed the public portion of hearing. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCIL14EMBER WILSON, TO ADOPT THE HEARING EXAMINER'S RECOMMENDATION ON PROPOSED SIX -LOT SUBDIVISION AT APPROXIMATELY 1126 - 2ND AVE. S. AND APPROVE P-3-86. MOIION CARRIED. HEARING ON HEARING EXAMINER RECOMMENDATION TO REVISE REQUIRED SETBACKS IN THE PLANNED RESIDEN- Assistant City Planner Duane Bowman reportec; that the City Council granted final PRO approval to Meadowdale Heights in July of 1985. Since that time, Cedar Development Corporation has purchased the subject property and begun development of the site. As homes were designed, it became appar- ent that the side setback requirement of 30 feet as the sum of the sides would force construction of the homes to take place.over the steeper slopes on the building site. Upon completion of the construction of the roads and the installation of the utilities of the PRO, it was discovered by the applicant that adherence to the RS-20 sideyard setbacks would im- pact development. To alleviate these problems, the applicant has requested the modification of the PRO to allow for 10 foot minimum sideyard setbacks within the lots of the PRO with a total of 20 feet of both sideyard setbacks. The Hearing Examiner meld a public fearing on a request of Cedar Development Corporation to modi- fy the required side setbacks on July 31, 1986. Mr. Bowman noted that a copy of his report out- lining his recommendation to approve the PRD revision request was attached to Council packets. Mr. Bowman said the subject property is located north of the Meadowdale-Community Clubhouse. The right-of-way line of 164th was vacated, and a tract of land was dedicated to the City for use in conjunction with the clubhouse. The property has steep slopes, and there are some plateaus or knolls on the property. It is the intent of the applicant to develop the PRO with reduced lot sizes to take advantage of the plateaus and knolls and preserve the steep slopes and gullies within the site. Mr. Bowman recommended to modify the Hearing Examiner's Recommendation to require a minimum 25 foot perimeter setback along the streets with the exception of lots 8 and 9 because of their location to the right-of-way. He said the building pads will be squeezed if the setback: is not modified. Councilmember Ostrom inquired about lot 20. Mr. Bowman said lot 20 has ample room. He said it was discussed at the hearing that there is ample room for lot 20, but the 25 foot setback would squeeze the building pad on lot 8 because of its triangular shape. Councilmember Y.jsper inquired if there is a greenbelt adjacent to lot 8. Mr. Bowman said the likelihood of City property being developed is remote because of its steepness. Councilmember Nordquist inquired if the land soap adjacent to the Community Clubhouse was record- ed. Mr. Bowman replied affirmatively. Jerry Lovell, representing Cedar Development Corp., said he spoke with Mr. Bowman today to clari- fy the Hearing Examiner's identification of lot 20. Mr. Boorman said he was unable to contact ti-e Hearing Examiner to clarify this matter with him. Mr. Lovell said because in the platting of the subject property the bulk requirements were not adhered to, the lot area requirement of 20,000 square feet and lot width of 100 feet were EDMONDS CITY COU14CIL MINUTES Page 5 AUGUST 19,•1986 waived. However, he said the process should have gone one step further and waived the sideyard requirements. The buildings would be very restrictive because of the reduced width and required setbacks and would be pushed farther onto the lots and, in some cases, farther into the slopes areas. He requested that the modification be granted for those reasons. Mayor Pro Tem Hall opened the public portion of the hearing. Mr. Bowman said Council adoption of the Hearing Examiner's Recommendation with the modification of lots 8 and 9 will require an ordinance to be drafted by the City Attorney and preparation of new homeowners' documents that are recorded. Councilmember Dwyer said he was uncomfortable with the Hearing Examiner's statement, "The exact encroachment of lot 20 'should be determined by the Planning Department of the City of Edmonds" because the Department could make a recommendation and present it to the Hearing Examiner who could, then, remand it back to the Council. Mr. Bowman said because there is adequate setback on lot 20, that section of his recommendation would be void. Councilmember Dwyer inquired about the footage on lots 8 and 9. Mr. Bol-rman said lots 8 and 9 would have a perimeter exception to reduce their side setbacks to maintain a 10 foot side setback instead of 25 feet, which could be reflected in the home owners' documents. Councilmember Kasper noted that lots 8 and 9 abut the area that has surplus right-of-way. Mr. Bowman said lot 8 abuts the Meadowdale Community Clubhouse. Councilmember Kasper inquired if the encroachment would be on City property. Mr. Bowman replied affirmatively. Mayor Pro Tem Hall closed the public portion of the hearing. Councilmember Ostrom inquired if the Hearing Examiner should be contacted to clarify his misinter- pretation before the Council took action, or if Council action should be conditioned upon discus- sion with the Hearing Examiner. Mr. Bowman said he thought the Hearing Examiner would concur with Staff's position. He said if the Council did not feel comfortable rendering a decision, he could consult the Hearing Examiner and bring this issue before the Council at a later date. Councilmember Jaech requested City Attorney Scott Snyder's advice regarding this issue. Mr. Snyder recommended that the Council proceed with action. COUNCILMEMBER OSTRO14 MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ADOPT THE HEARING EXAMINER'S RECOMMENDATION AND APPROVE THE REVISION TO THE REQUIRED SIDE SETBACKS IN THE PRO OF 14EADOWDALE HEIGHTS WITH THE EXCEPTION THAT THE PRO IS AMENDED TO REQUIRE THE APPLICANT 10 MAINTAIN A 25 FOOT PROJECT PERIMETER SETBACK ON ALL LOTS EXCEPT LOTS 8 AND 9 WHICH MAY ENCROACH WITHIN THE PROJECT PERIMETER SETBACK. AT 25 FEET. Mayor Pro Tem Hall recommended that the home owners' documents are amended, and that the City Attorney be requested to prepare an ordinance. Councilmember Ostrom and Councilmember Kasper agreed. Councilmember Dwyer inquired if the motion included a minimum setback of 10 feet. Councilmember Ostrom replied affirmatively. MOTION CARRIED. SHEARING ON^PLANNING BOARD r RECOMMENDATIONS �TO�� A14END THE n COMMUNITY DEVELOPMENT �CCODE^� REGARDING •, 1 . Assistant City Planner Duane Bowman reported that as part of the continual review of the Edmond Community Development Code (ECDC), the Planning Department proposed several minor code amendments to the Planning Board to improve our land use regulations. On June 25, 1986, the Planning Board held a public hearing on the proposed amendments. All the proposed amendments were approved by the Board. Mr. Bowman noted that a copy of the Planning Board minutes and a list of the proposed code amend- ments -were attached to Council packets. lie said Staff recommends that the Council adopt tile Planning Board recommendation and direct the City Attorney to prepare the necessary ordinance. Mr. Bowman reviewed the code as follows: Chapter 10.55.020 - Swimming Pools - clarifies that accessory setbacks must be met. EDMONDS CITY COUNCIL MINUTES Page 6 AUGUST 19, 1986 Chapter 20.20 -,Home Occupations - is proposed to be amended based on prior Council action regard- ing a requested home occupation permit for a dental office as well as several other requests for home occupation permits. 20.20.015 - Prohibited Home Occupations - would prohibit the following commercial home occupations in residential zones: 1) medical offices; 2) dental offices; 3) re- tail sales, except as allowed below; 4) any commercial use which, in the opinion of the Community Development Director, would generate traffic or other nuisance factors governed by Chapter 17.60.010 which are the performance standards requirements that must be met. 20.60.080 (J) - Temporary Signs - Mr. Bowman said this provision was adopted in 1982 regarding sign regulations along Highway 99. He said that section of the Code is almost impossible to enforce because of the way it is written. He recommended to delete that section altogether. 20.105.030 (A) (2) - Appeal of Staff Decision- Mr. Borman said the amendment seeks to set the hearing on the appeal to a date that is within 30 days of the date the appeal was filed. He said the Hearing Examiner only meets on the first and third Thursday of every month, and the 15 day deadline places a burden on the parties involved. Councilmember Wilson inquired how traffic is gauged regarding home occupations. Mr. Bots7nan said Staff relies heavily on input from neighbors. lie noted that a permit can be revoked if it is in violation of the Code. Staff, neighbors, or the City Council, by motion, could initiate proceed- ings for revocation of a permit.. Councilmember Jaech inquired if Staff would still encounter problems enforcing trailer signs. Mr. Bowman said the intent is to delete the trailer sign provision, which, therefore, would pro- hibit trailer signs in all zones, because Staff is unable to enforce the existing Code which permits them under limited circumstances. Councilmember Kasper inquired if appellants have only ten days to appeal the decision. Mr. Bow- man replied affirmatively. Councilmember Kasper inquired if an appellant may need more time. Mr. Borman said the Council could amend the Code to allow more time to appeal if it felt ten days placed a burden on an appellant. Mr. Bowman said Staff was requesting relief in trying to set up the hearing to resolve the appeal. Mr. Snyder said he would like to discuss amendment H2 regarding home occupations with Staff and the Planning Commission if the Council approves it in concept. He said if the Council determines an appropriate category to prohibit medical and dental offices, lie would like to apply more gener- ic language that addresses all healthcare professionals that generate traffic through the invita- tion of patients to the site and more generic language regarding traffic which would prohibit retail sales of goods or services which would generate traffic through the invitation of pa- tients, clients, or customers including, but not limited to, doctors, dentists, lawyers, and other heal thcare„•professionals. Mr. Bowman said. lie felt the Planning Board would be amenable with•that language. Mr. Snyder said the current Code prohibits the retail sale of goods which could generically be construed to mean the retail sale of goods or services. He inquired if the Council wished to broaden the category to prohibit the sale of goods at the site. Councilmember Ostrom inquired what would be sold if it were not goods or services. Mr. Snyder said there would be services that would be performed off site with no invitation to any person to the site. Councilmember Jaech noted that 20.60.080 (A) refers to trailer signs. She inquired if the Code should be cross-referenced if (J) is deleted. Mr. Bowman said the entire reference would be stricken. Councilmember Kasper inquired if the appeal period is ten working days. Mr. Bowman replied affir- matively. He noted that Staff must act on the appeal within fifteen days of receipt of the ap- peal. Mayor Pro Tem Hall opened the public portion of the hearing. Jeff Palmer, 17510 - 76th Ave. W., noted that the Edmonds Community Development Code, in Chapter 15.15.030-B.5a, states, "An establishment should rely primarily on the quality of its products or services as promotion and not on attention -attracting devices directed towards the chance or short-term customer". He requested unanimous passage of revisions to the ECDC to prohibit the use of trailer signs. EDMONDS CITY COUNCIL MINUTES Page 7 AUGUST 19, 1986 Mayor Pro Tem Hall closet; the public portion of the hearing. COUNCILMEMBER NOROQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO INSTRUCT THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCES FOR THE PASSAGE OF THE PLANNING BOARD RECOMMENDATIONS TO AMEND THE COMMUNITY DEVELOPMENT CODE REGARDING ESTABLISHMENT OF SETBACKS FOR ACCESSORY SWIMMING POOL STRUCTURES; PROHIBITING CERTAIN TYPES OF COMMERCIAL USES AS HOME OCCUPATIONS; PROHIBITING 1RAILER SIGNS; AND CHANGING THE DEADLINE FOR SCHEDULING APPEALS OF STAFF DECISIONS (CITY OF EOhiONDS/CDC-1-86). Councilmember Dwyer requested that provision #4 of 20.20.015 be worded as to disallow arbitrari- ness on the part of the Community Development Director. Councilmember Jaech noted that there are trucks with readerboard-type signs attached which are permanently parked on Highway 99. She inquired if they would be included under Section 20.60.080. Mayor Pro Tem said that issue may not be germane to the motion and suggested that it be discussed at a Community Services Committee. Councilmember Kasper inquired if the amendments would be presented to the Council as individual ordinances. Mr. Snyder said they would if he was so instructed by the Council. MOTION CARRIED. ADOPTION OF ORDINANCES RELATING TO BUILDING AND OTHER CODES: (A) PROPOSED ORDINANCE 2574 ADOPTING 1985 BUILDING, PLUMBING, MECHANICAL, AND FIRE CODES Councilmember Kasper said lie and Community Services Director Peter Hahn had -gathered additional information regarding proposed ordinance 2578 [Item 7 (D) on the Agen6a] and wished to discuss this matter in a Community Services Committee meeting. He requested that Item (D) be remover' from the Agenda and placed on the September Community Services Committee meeting agenda. Mayor Pro Tem requested that Councilmember Kasper make a motion to that effect or Item (D) would be discussed in the order it appeared on the Agenda. Councilmember Kasper did not make a motion. Community Services Director Peter Hahn reported that the Uniform Building Code (UBC) 1982 Edition was updated in 1985 by the International Conference of Building Officials (ICBO). Almost all permitting agencies have adopted the 19.85 Edition. Details of the changes cover almost 80 pages and are generally of a technical nature (the last attachment shows a typical change detail). The permit fees are coverer; separately. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ADOPT PROPOSED ORDINA14CE 2574 ADOPTING 1985 BUILDING, PLUMBING, MECHANICAL, AND FIRE CODES. Councilmember Kasper inquired if a hearing has been held regarding this matter. City Attorney Scott Snyder said a hearing was set two months ago but no one appeared. Councilmember Kasper inquired if the motion included the adoption of the method of:calculating fees. Mr. Hahn replied negatively. A MOTION CARRIED. (B) PROPOSED ORDINANCE 2575 ADOPTING NEW F.I.R.M. MAP FOR F.E.M.A. PURPOSES Mr. Hahn reported that the Federal Insurance Rate Map (F.I.R.M.) was updated through a survey to ascertain whether flood elevations have changed with development and with the introduction of new impervious surfaces into the.City. Councilmember Jaech inquired if designated areas within the revised map are required to obtain flood insurance. Mr. Hahn replied. affirmatively. Councilmember Jaech inquired about the areas outside of the designations. Mr. Hahn said they do not participate in the same program. Council - member Jaech inquired if it is advantageous to be located in the designated areas. Mr. Hahn said insurance is unobtainable if the. property is not located in the flood plain. City Attorney Scott Snyder said if someone lived in an area that was not designated on the F.I.R.M. Map as eligible for flood insurance, ',hen it would not be obtainable, either. r EDMONDS CITY COUNCIL MINUTES Page 8 AUGUST 19, 1986. Councilmember Jaech inquired if the areas where streams overflow from time to time are designated on the F.I.R.M. M,ap. Mr. Snyder said the Map was developed by the Federal government based on information supplied by the City. He said since it is a Federally subsidized program, the govern- ment not only requires it but determines who is eligible. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER OSTROM, FOR PASSAGE OF ORDINANCE 2575 ADOPT- ING NEW F.I.R.M. MAP FOR F.E.M.A. PURPOSES. MOTION CARRIED. (C) PROPOSED ORDINANCE 2576 AMENDING APPEAL PROCEDURES UNDER CHAPTER 19.00.020 OF COMMUNITY DEVLLOPMENI CODERELATING 10 E R H SUBSIDENCE AND LANUSL1DE HAZARD AREA BUILDING PERM17s Mr. Hahn reported that both the Community Services and Administrative Services Director, and the City Attorney, have informed the Council of a need to review and amend certain appeals procedures relatin to the issuance of building permits in Earth Subsidence and Landslide Hazard Areas (Mea- dowda M. Tile Executive Director of Puget Sound Insurance. Authority has notified the City in writing of grave concerns about the liability posed by our present requirements and procedures. At a recent Council meeting, the City Attorney and the Community Services Director discussed a number of alternatives and committed to provide the Council with a recommendation in the form of an ordinance. Mr. Hahn said the City's Building Official reviewed two permit applications and made a determina- tion that the measures outlined in all of the reports do not eliminate the 30% risk of a slice within a period of. 25 years, and the permit was denied. The applicant was given procedures for appealing Staff's interpretation. lie has ten days from Friday to appeal to the Hearing Examiner. Mr. Hahn reviewed the insurance pool's recommendations of procedures for adoption as follows: 1) refuse to issue building permits in the higher -risk areas; 2) if building permits are to be is- sued, allow for the development of a restrictive administrative policy which (a) requires that certain minimum standards for safety be verified by the owner's geotechnical engineer, (b) re- stricts appeals on refusals to issue permits to Superior Court review, and (c) basically conforms to the more restrictive policies established -by the City of Seattle; 3) reinstate the requirement of a recorded covenant which will allow future property owners to be aware of the condition of their property. He noted that the Executive Director had requested a timely response to the letter which contained those recoimiendations, and that failure to mitigate such exposures may be considered by the Board as grounds for expulsion of a member City. Mr. Hahn said he presumed that there would be an appeal of the Staff finding regarding denial of the permit. He recommended: 1) that the Council not act on restricting appeals on refusals to issue permits to Superior Court review; 2) reconsider the '.concept of recording covenants. Presently, he said an applicant is required to sign a statement holding the City harmless and to notify subsequent owners. Councilmember Ostrom inquired if Mr. Hahn recommended that the Council not take action on the proposed ordinance and if so, why. Mr. Hahn said the City may want to look in greater detail at the implications of any City action. He noted that a building permit has two components: 1) technical component, 2) policy component. The issuance of a .building permit in a risk area should be explicitly discussed and defined. Mayor Pro Tem Hall inquired if proposed Ordinance 2576 was prematurely placed on .the agenda. Mr. Hahn said it may have been. He said the Council'may not wish to engage in an overall discussion at that time. Mr. Snyder said the ordinancewas brought before the Council at that particular time under Coun- cil direction. Ile noted that two permits are being processed and are within their appeal period; their rights are vested under the current ordinance. Mr. Snyder said if the proposed ordinance was passed tonight, it might send the wrong message to Meadowdale residents., The ordinance would not affect those residents, and the Council may be limiting its options by taking immediate action. EDMONDS CITY COUNCIL MINUTES Page 9 AUGUST 19, 1986 Councilmember Ostrom expressed concern that if the Council did not take immediate action, there may be more pending applications. Mr. Hahn said the option should not be limited to the ordi- nance before the Council. He recommended that the Council direct the City Attorney to draft an ordinance with the reinstatement of the covenants and recording and further discuss this issue at a public hearing. Councilmember Jaech said the Council was assured that Staff would present information to the Council for action to protect the City. She expressed concerns regarding insurance coverage if action was not taken in accordance with the directive of the insurance pool. Mr. Hahn said he only recommended that Council action be delayed because of the different options available which should be reviewed. Councilmember Jaech inquired why this issue was not presented to the Council in that form. Mr. Hahn said the issue constantly becomes more complex and cannot be dealt with in a succinct manner. Councilmember Wilson inquired what forum should be set up to resolve this issue. Mr. Hahn sug- gested that the Council direct Staff to present, at a public hearing,: 1) reinstatement of the recording of the covenants; 2) appeals procedure; and 3) appeals process on the permit. Councilmember Ostrom inquired about the time parameters before the insurance pool would take action. Mr. Hahn said if the City wrote the insurance pool a letter informing them of the City's scheduled review regarding their recommendations, i.e., revision of the appeals process and rein- statement of the covenants, the insurance pool may allow the Council the necessary time for re- view. Councilmember Dwyer said tie did not understand why the appeals procedure or reinstatement of covenants would be mutually exclusive. He said it did not seem that they would be. He recommend- ed that action be taken on one item tonight and inform the insurance pool that one of their recom- mendations has been adopted and the remaining items are under review. Councilmember Ostrom said he did not understand why the Council should defer action on the appeal process. Mr. Hahn said if appeals are reviewed in Superior Court, permits would probably never be issued. If the Coun- cil felt that the 30% risk was acceptable under certain conditions if properly assumed by the applicant at a future date, the Superior Court review may not be appropriate. Councilmember Kasper concurred. He said the City would be in a better position if the Hearing Examiner re- viewed the appeal and then, i.f necessary, appeal that decision to the Superior Court. Mayor Pro Tem Hall inquired:-1) if the City of Edmonds has been "singled out"; 2) if recommenda- tion N.2 of the insurance pool was compliance for all types of geotechnical problems; 3) if other cities are in compliance. Mr. Snyder said he was unaware if other cities have had their slide problems brought so forcibly to their attention. He said the process of correcting the City's situation created such voluminous material that it was difficult to discontinue that issue. Mayor Pro Tem Hall expressed concern that cities are opting out of insurance pools because of the new legislation, but the City cannot afford insurance singly. She inquired if "we are gathering all the flock around to keep the pool healthy" and if there are other cities in compliance. Councilmember Dwyer said he. would like to shop around for insurance before any action is taken. He said the City is the rotten egg in the basket that is jeopardizing the other fifty-four cities in the pool if it does not take action.. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, 10 APPROVE ORDINANCE 2576, ADOPT- ING THE PROPOSED ALTERATION TO THE EDMONDS CITY CODE WHICH CHANGES THE METHOD OF APPEALING STAFF DECISIONS IN THE MEADOWDALE SLIDE.AREA. MOTION CARRIED, WITH COUNCILMEMBER KASPER AND COUNCILMEM- BER WILSON OPPOSED. Mr. Hahn requested that the Council set a date to discuss the reinstatement of recording of the covenants. Mayor Pro Tem hall set September 2, 1986 to discuss this issue. The Council con- curred. (D) PROPOSED ORDINANCE AMENDING CHAPTER 15 OF EDMONDS COMMUNITY DEVELOPMENT CODE TO PHASE 114 BUILDING CODE FEES— COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, THAT ITEM (D) BE REMOVED FROM THE AGENDA TO E14ABLE THE COMMUNITY SERVICES COMMITTEE TO DISCUSS ADDITIONAL INFORMATION. A RAISE -OF -HANDS VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER NORDQUIST OPPOSED. EDMONDS CITY COUNCIL MINUTES Page 10 AUGUST 19, 1986 MAYOR Mayor Pro Tem Hall noted that an application for a liquor license for Circle "V on 212th and 84th was before the Council. The application was reviewed and none of the corporate officials have local, State, or national records of criminal history information associated. Councilmember Kasper said the Council previously denied a liquor license to the Texaco Station location across the street from this site. He recommended that past Council action be reviewed before action is taken on this request. Mayor Pro Tem said this issue would be remanded to the Mayor for action. Mayor Pro Tem Hall noted that the "Edmonds Express", the excursion boat, is now in operation. COUNCIL Mayor Pro Tem Hall noted that a copy of the service agreement for the Parsons project in Chandler, Arizona regarding privatization will be available in the Council Resource Office for review. Councilmember Ostrom said he received a telephone call recently regarding the rock concert at the Taste of Edmonds. He said he was unaware that the Council approved the rock concert when that request was before the Council. He said a rock concert invites a crowd of people that is not desirable for the Taste of Edmonds event. He suggested that rock concerts not be sponsored in the future. Mayor Pro Tem Hall suggested that a variety of bands be taken into consideration. Councilmember Ostrom said the "Taste" is turning into a totally different event than food sam- pling. He noted that the City assumes a great deal of liability for the event. Councilmember Jaech said she did not feel that City property was an appropriate place to hold the event. She recommended that the ballfield be considered; the event could be contained and controlled because of surrounding fences, and the City parking lot could be utilized for parking. Councilmember *Ostrom added that small children were unable to sleep with the rock bank playing. Councilmember .Wilson concurred. He expressed concern regarding liability because people were overserved in the beer and wine garden. Mayor Pro Tem Hall concurred. She recommended that this issue be dis- cussed with the Chamber of Commerce. Councilmember Jaech inquired about the status of the seepage in the upper level room on the north- east corner of the museum. Public Works Superintendent Bobby Mills said gutters will be in- stalled on the building, and discussions have taken place regarding digging around the foundation on the east side of the building and removing the downspouts and sanitary sewer and tying them into the storm drainage system. Councilmember Jaech requested a listing of the exact cost for the City to sponsor the Taste of Edmonds. She inquired how the food booths were inspected by the Health Department. Councilmem- ber Nordquist said there was an inspector on the site at all times. Councilmember Jaech inquired about the status of the Dorchester Condominiums.. City Attorney Scott Snyder said the trial date has been set in November on that appeal. He said the reason the trial date was set for November was because the Home Owners' Association will probably submit a revised proposal and withdraw their appeal, but they want to keep their options open for a period of time. Councilmember Jaech inquired if the City would still be covered by insurance during the code amendments adopting new F.I.R.M. Map for F.E.M.A. purposes. Mr. Snyder replied affirmatively. Councilmember Nordquist said he sent the Council a memorandum noting that the Community Services Committee meeting will meet next Tuesday evening at 5:30 p.m. at the Pancake Haus. Councilmember Nordquist referreri to an article in the. Herald on August 15, 1986 regarding the old drainage dispute runs a soggy course. The County willbe �e assessing residents near the Ballin- ger area $22 per household. Ile inquired if the City has ceased joint studies with the County regarding the water courses. Community Services Director Peter Hahn replied negatively. Ile said each city will have to address its own problems in a different way and at a different time. Councilmember Nordquist noted that there was an interesting article in the same newspaper regard- ing the report on the Health District's five-year budget. He said lie thought their budget would impact the City's budget. Councilmember Dwyer said the Chamber of Commerce has been unable to obtain adequate insurance for the Taste of Edmonds for two years now. Ile requested that Administrative Services Director Art EDMONDS CITY COUNCIL MINUTES *See Council Minutes of September 2, 1986 Page 11 AUGUST 19, 1986 Housler send a letter to the people who are in charge of the "Taste" in the near future advising them of the levels of insurance which the Council had requested that they obtain and, also, re- questing a response within 90 days regarding the progress they have made. Councilmember Dwyer noted that Assistant City Planner Duane Bowman's preparation in presenting several items on the agenda allowed the Council better understanding and better progress in dis- cussing those items. He expressed his appreciation to Mr. Bowman. Mayor Pro Tem Hall noted that Student Representative Nigel Euling played in a soccer tournament in Palo Alto last week. Nigel said his team came in fourth out of twelve teams. His team was proud of themselves because they beat the best eighteen -year -old team in San Francisco. Councilmember Kasper noted that the Puget Sound Council of Governments is requesting a 100% in- crease in fee because the Federal government is reducing the budget.. He recommended that the Mayor investigate this matter and present a specific recommendation to the Council. The meeting recessed to an Executive Session at 9:26 p.m. to discuss a personnel and legal proper- ty matter. These minutes are subject to September 2, 1986 approval. JAC UELINE G. PARRETT, City Clerk LARRY S. NAUGHTEN, Mayo r M� EDMONDS CITY COUNCIL MINUTES Page 12 AUGUST 19, 1986