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09/18/1990 City Councilt ntJt viii4u t tJ Juoitu t t o SEPTEMBER 25, 1990 APPROVAL EDMONDS CITY COUNCIL MINUTES SEPTEMBER 18, 1990 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT Larry Naughten, Mayor John Nordquist, Council President Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember William Kasper, Councilmember Jeff Palmer, Councilmember Jack Wilson, Councilmember STAFF Mary Lou Block, Planning Div. Mgr. Bob Alberts, City Engineer Peter Hahn, Comm. Svc. Director Arvilla Ohlde, Parks & Rec. Mgr. Jackie Parrett, City Clerk John Wallace, City Attorney Margaret Richards, Recorder Councilmember Kasper arrived a few minutes late and did not vote.on the Consent Agenda. CONSENT AP,ENDA Mayor. Naughten noted that items (E) and (F) had been removed from the Consent Agenda so that additional information could be gathered. COUNCILMEMBER NOROQUIST MOVED, SECONDED BY COUNCILMEMBER 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 SEPTEMBER 4, 1990 (C) AUTHORIZATION FOR MAYOR TO SIGN A STATEMENT OF UNDERSTANDING WITH AMERICAN RED CROSS (ALL` FOR USE OF FRANCES ANDERSON CENTER FOR A MASS CARE SHELTER (The Council reconsidered action on this item during the Council portion of the meeting.) (D) REPORT ON BIDS FOR PAVING PARKING LOTS OF SIERRA AND PINE ST. PARKS, AND AWARD OF CONTRACT TO LAKESIDE INDUSTRIES ($11,999.10, INCLUDING SALES TAX) wu ,'`(G) ADOPTED ORDINANCE 2793 APPROVING VACATION OF PORTION OF RIGHT-OF-WAY ALONG PINE ST., G` I ADJACENT TO 916 - 9TH AVE. S. (ST-6-90/HARDMAN) (H) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING HEARING ON APPEAL OF HEARING EXAMINER DECISION ON SETBACK ADJUSTMENT AT 727 ALOHA ST. (AP-18-90/PEOPLES) AUDIENCE Mayor Naughten opened the audience portion of the meeting. Natalie Shippen, 1022 Euclid, with respect to the housing for elderly ordinance, inquired if Staff would recommend that a developer be granted bonuses for square footage and parking if a developer volunteered to limit the age of the occupants of an apartment to sixty-two. She re- called that despite Staff's recommendation for approval of Panorama Point, the Council denied �i4 LA, `'� that request because they said the ordinance was ambiguous and that it should have included a �!f, low-income clause. Ms. Shippen said the ordinance was referred to a citizens committee four years ago and has not been acted upon by the Council since that time. She inquired about the status of that ordinance. Councilmember Kasper noted that the issue is scheduled for discussion before the Council on October 23, 1990. Ms. Shippen inquired if there are any income requirements for the ordinance to qualify for park- ing and square footage bonuses or if it is based solely on age. Councilmember Palmer said Staff intends to make'a recommendation based on the existing code. Ms. Shippen felt the Council is obligated to clarify any ordinance that is ambiguous. As a mat- ter of courtesy to the citizenry, she requested that a hearing be scheduled to review the Plan- ning Board's recommendation. Ms. Shippen inquired if a public hearing is necessary to make amendments to the ordinance. City Attorney John Wallace said there is no requirement to hold a public hearing, but the Council may schedule a public hearing if they so choose. Ms. Shippen noted that the mother-in-law ordinance was passed on June 5, 1990. She recalled that the criteria for financial and physical hardships were to be brought before the Council within a (y ;Eol month but have not been presented yet. Mayor Naughten said Staff would look into that matter. Z�i�`" Margaret Johnson, 7804 - 238th S.W., said the traffic signal at the intersection of 238th and Highway 99 has exacerbated the already -existing traffic problem. She said residents of the area are greatly concerned that the new Safeway complex will contribute even more to the problem. Ms. ��`'��,✓ Johnson requested that residents be permitted to work with Staff to ascertain what alternatives ��"� are available in connection with traffic changes and that a public hearing be scheduled to dis- cuss any proposed than es. [�� 4 g Councilmember Nordquist noted that Staff has already commenced a review of traffic patterns in that area. Having met with neighbors, he felt a public hearing should be scheduled to discuss proposed changes. He suggested a hearing date on October 16, 1990 if the Council did not ob- ject. No objection was noted. Councilmember Hertrich suggested that a Staff member and a resident from the area arrange a meet- ing with the developer of the Safeway site to discuss any proposed changes. Councilmember Palmer felt it is important that the County be involved because they are the princi- pal governing body for the Safeway site. He recommended that a County.representative be invited to attend the hearing. Mayor Naug'bten closed the audience portion of the meeting. HEARING ON PLANNING BOARD RECOMMENDATION ON PROPOSED AMENDMENT TO EDMONDS COMMUNITY DEVELOPMENT t4,,qCODE REGARDING REGULATIONS GOVERNING TEMPORARY PARKING LOTS C -4- 0 J, d'f Planning Division Manager Mary Lou Block reported that the Community Development Code currently allows temporary parking lots for one year with the right to one one-year extension. That provi- sion presented a problem for the U.S. Post Office because a temporary parking lot for employee parking is needed at their downtown location for longer than two _years while the future annex in Perrinville is considered for construction. Ms. Block said the Planning Board discussed the current temporary parking lot regulations on April 11, 1990 and agreed that it is reasonable to allow an additional two-year extension beyond the current time limits, provided the extension request meets the conditional use permit criteria and provides a public benefit. She said further conditions may be imposed, and the Hearing Exam- iner shall review the additional extension request. Ms. Block noted that copies of the Planning Board recommendation and the minutes from the Plan- ning Board meeting were included in the Council packets. Ms. Block said it is the recommendation of Staff to adopt the Planning Board recommendation and direct the City Attorney to prepare the necessary ordinance. Councilmember Hertrich inquired if landscaping is one of the elements that is considered for a temporary parking lot. Ms. Block replied affirmatively. She said, however, a sprinkler system is generally not required because of the short duration of the improvement for a temporary lot. Councilmember Hertrich .was concerned that temporary landscaping has been provided at the tempo- rary parking lot for the Post Office but not a sprinkler system. Ms. Block said a sprinkler system could be required for the lot if the extension is granted. Councilmember Hertrich in- quired what Ms. Block's recommendation was with respect to the'extension. Ms. Block recommended a maximum of two years with a two-year extension. Councilmember Palmer inquired, then, if the temporary parking lot could exist for a total of four years. Ms. Block replied affirmatively., Mayor Naughten opened the public portion of the hearing. No input was offered. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE CDC-4-90 TO INCLUDE THE RECOMMENDATIONS OF THE PLANNING BOARD, WHICH ARE OUTLINED IN PARAGRAPH 3 OF THE MEMORANDUM FROM THE PLANNING BOARD STATING, "THE PLANNING BOARD VOTED TO DIRECT THE STAFF TO PREPARE AN ORDINANCE WHICH WOULD ALLOW AN ADDITIONAL TWO-YEAR EXTENSION FOR THE CONDITIONAL USE PERMIT FOR A TEMPORARY PARKING LOT, PROVIDED THAT THE EXTENSION REQUEST IS HEARD BY THE HEARING EXAMINER; THAT THE ORIGINAL CRITERIA ARE BEING MET; THAT A PUBLIC BENEFIT IS REALIZED; THAT ADDITIONAL CONDI- TIONS, IF APPROPRIATE, MAY BE IMPOSED; AND THAT THE EXTENSION BE LIMITED TO AN ADDITIONAL TWO YEARS". EDMONDS CITY COUNCIL MINUTES Page 2 SEPTEMBER 19, 1990 Councilmember Palmer said he would be more comfortable if the Council reviewed a request to ex- tend temporary parking on a single -case basis rather than adopting an ordinance that allows an additional two-year extension outright. He pointed out that the Post Office is the only party that has, to date, requested a change in the ordinance. Because Councilmember Hertrich was concerned about landscaping for temporary parking lots when an extension is requested, he inquired if a variance procedure is viable. City Attorney John Wal- lace said a person could apply for a variance but they would encounter difficulty in satisfying the variance criteria, MOTION CARRIED WITH COUNCILMEMBER HERTRICH AND COUNCILMEMBER KASPER OPPOSED. SECOND HEARING ON PROPOSED ORDINANCE 2795 ADDING SECTION 18.95.030 TO EDMONDS COMMUNITY DEVELOP- MENT CODE RELATING TO TANDEM PARKING `���✓� Community Services Director Peter Hahn noted that the Council postponed the issue from July 17, 1990 and the entire packet was included in the Council packets. In response to Councilmember Palmer, Mr. Hahn said the first proposed ordinance prohibited tandem parking and the second proposed ordinance allowed tandem parking. He said it would be difficult for Staff to determine whether or not a public benefit would exist if tandem parking were permit- ted. He felt it would be simpler not to allow tandem parking, as is reflected on pages 8 and 9 of the Council packets. Mayor. Naughten opened the public portion of the hearing. No input was offered. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ADOPT THE ORDINANCE THAT IS SHOWN ON PAGES 8 AND 9 OF THE COUNCIL PACKETS PROHIBITING TANDEM PARKING. Councilmember Kasper said, "I again state that what we are doing to ourselves if we want to stop construction in all multifamily --I think it's going to largely happen because our goal was not to have big buildings. We thought smaller buildings were desirable. The general feeling is they could live with this ordinance in 2400 zoning but not in 1500 zoning. Some of the 1500 zoning is right along residential, and those single lot situations are not going to be able to be built so you're going to cause that to happen." Councilmember Wilson said he would vote against the motion because the ordinance is unnecessarily restrictive and the ordinance is not necessary. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER NORDQUIST, COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH AND COUNCILMEMBER JAECH IN FAVOR; COUNCILMEMBER KASPER, COUNCILMEMBER PALMER AND COUNCILMEMBER WILSON OPPOSED. HEARING ON PROPOSED WALKWAY BETWEEN BROOKMERE DR. AND HINDLEY LANE, IN VICINITY OF 8TH AVE. r ' z;t //)-" J City Engineer Bob Alberts reported that the City received a petition on July 30 from residents in the Brookmere Drive/Melody Lane.area opposing a future walkway on the Johnson property. The City /q purchased a six-foot strip of property for the future walkway in addition to obtaining easements from the Johnsons for the Shell Creek pipeline project. . Councilmember Kasper pointed out that the City obtained a deed for the Shell Creek project and not an easement. Mayor Naughten opened the public portion of the hearing. Margaret Buchenroth, 733 Melody Lane, said a great many of the residents in her neighborhood have lived there for many years and have gotten along very well without a walkway. She said she was opposed to a future walkway. Dick Burgoyne, 751 Brookmere Dr., felt the future walkway will impact his property a great deal. Mr. Burgoyne said of those who signed the petition that was included in the Council packets, 62 people were opposed to the walkway, 8 were in favor, 1 person abstained from signing the peti- tion, and 2 people were unable to be contacted. Mr. Burgoyne said one of the reasons home owners chose to live in the neighborhood is because Brookmere Drive, 8th Avenue, Hindley Lane and Melody Lane are all dead-end streets. He recalled that residents had, in the past, voted against, by petition, opening. 8th Avenue to through EDMONDS CITY COUNCIL MINUTES Page 3 SEPTEMBER 19, 1990 traffic. He said opening that roadway is not necessary for emergency vehicles because he clocked the traveling time from Hindley Lane to the easement at three seconds. Mr. Burgoyne said a majority of the residents do not want the City to spend funds on a future walkway and would prefer that the funds be expended on a sidewalk on the west side of 9th Avenue and the north side of Caspers Street instead. Mr. Burgoyne said he served on the Water Advisory Committee, and the members did not request the pipeline and easement for the pipeline in the area that is proposed. He felt the walkway is a needless expense and is not warranted because only four homes in the area are affected by rain storms. Norene Simmond, 735 Melody Lane, said she was strongly opposed to a future walkway. She request- ed the City to return the area to its former state after the City makes the improvements to the pipeline. Lee Johnson, 722 Hindley Lane, said although he has no connection whatsoever to the petition that was included in the Council packets, he was opposed to a future walkway. Mr. Johnson said most of the people who are in favor of the walkway are what he considers newcom- ers to the area (anyone that moved to the neighborhood after he did). He inquired why those residents moved to the neighborhood, then, if they wanted a walkway. Bob Smitb, 740 Puget Lane, submitted a petition to the City Clerk (marked Exhibit #1) that was signed by- 36 people that afternoon requesting that the walkway access at 722 Hindley Lane remain because they feel it will provide safety for their children walking to and from school, as well as to other areas in Edmonds; it opens up neighborhoods and provides a stronger feeling of commu- nity; and it facilitates people who enjoy walking. Mr. Smith said the proponents of the walkway feel that the concerns of the opponents are overstated in that problems have not been observed in areas where a similar type of walkway exists. Mr. Johnson said he just discovered that afternoon that the hearing was scheduled that evening, and he said he could have produced many more signatures in favor of the future walkway if time permitted. Mr. Johnson said there are a number of children who use the existing pathway, and he assumed that those same children would be the primary users of the future walkway. He noted that the pathway is 6 feet in width and approximately 60 feet in length and will not be improved to anything more than a walkway. Mr. Smith said the biggest concern of residents who signed the petition in favor of the walkway is a safety concern for people who walk from 9th Avenue to Caspers Street because there is no sidewalk on that side of the street. Councilmember Palmer noted that a sidewalk exists on the east side of 9th Avenue and south side of Caspers Street. He inquired if residents would actually use a sidewalk if one were construct- ed on the west side of 9th and north side of Caspers. Mr. Smith commented that people will inher- ently use a pathway that bisects an area because it is a shorter distance and is quicker, but he said there is a very well-worn path along 9th Avenue and Caspers Street. Pearl Nelson, 741 Melody Lane, said there is no place from Puget Drive to get to the street un- less people trespass through the Johnson and LaSalle property. Mr. Smith said the Thomases and an adjacent neighbor, whose name he could not remember, have granted permission for children to pass through their property. Pete Schoeneberg, 750 Melody Lane, spoke in favor of the future walkway because he said it will enhance the ability of pedestrians to move about the City. He said he has noticed an increase in traffic over the last five years, and he believed the City should support any effort to enhance pedestrian access throughout the City. Mayor Naughten closed the public portion of the hearing. In response to Councilmember Kasper, Ms. Block said it has been City policy to retain walkways for continuous access whenever possible. Councilmember Kasper inquired if the City actively acquires easements whenever possible. Ms. Block replied affirmatively. For the benefit of the public, Mr. Alberts explained that in keeping with the City's policy, the Council requested to purchase or obtain an easement for a future walkway during the negotiations for the easement for the Shell Creek pipeline. He noted that 8th Avenue will be deleted EDMONDS CITY COUNCIL MINUTES Page 4 SEPTEMBER 19, 1990 vi " from the Official Street map when the project is completed, and it will only reflect the 6 foot area that is owned by the City. He said the City Council wanted to acquire that parcel, but there is no plan to construct a road in the future. Councilmember Palmer added that not only will the Official Street Map not show a road in that area, but a 6 foot parcel is not adequate to construct a road to street standards. Councilmember Kasper said it has been City policy to open up neighborhood walkways so people do not have to walk on main arterials. He said the City made a decision not to spend large sums of money to construct sidewalks on both sides of a main arterial and has, rather, made a goal of opening walkways. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO SET A SECOND HEARING ON THE MATTER TO ALLOW ADDITIONAL PUBLIC INPUT. In response to Mayor Naughten, Mr. Alberts explained that the easement cannot be accessed by pedestrians at the present time from Hindley Creek. He said the contractor will restore all properties to their previous condition as best he can when the pipeline project is completed. Councilmember Dwyer felt the Council would be premature if they made a commitment at the present time with respect to the walkway. He felt the Council should wait for the question to come up in the normal course of the Engineering process and then notify the neighborhood and make a decision at that time. Because Councilmember Hertrich also believed it would be inappropriate to hold a second hearing at the present time, COUNCILMEMBER HERTRICH WITHDREW THE SECOND TO THE MOTION. Councilmember Palmer concurred with Councilmember Dwyer. He recommended, however, that a second hearing be held when the City has reached the completion stage. CONTINUED COUNCIL DELIBERATION FOLLOWING SECOND HEARING ON PLANNING BOARD RECOMMENDATION ON Planning Division Manager Mary Lou Block reported that the City Council held public hearings on April 17, 1990 and August 7, 1990 on the Planning Board's recommendation for proposed amendments to the Edmonds Community Development Code revising regulations governing fences and hedges. The Council voted to approve the amendments concerning fences but asked for a second hearing on the proposed amendments regarding hedges. Ms. Block said much of the concern regarding hedges stemmed from the suggested definition. As a result, Staff made changes in the hedge definition. Ms. Block noted that the Planning Board recommendation, the minutes from the Council hearings, and a revised definition were included in the Council packets. Ms. Block said it is the recommendation of Staff to adopt the proposed amendment and direct the City Attorney to prepare the necessary ordinance. Councilmember Wilson was dissatisfied with the proposed changes because he said they do not ad- dress the problem of view impaction. In the future, Councilmember Kasper requested Staff to highlight proposed deletions and additions to an ordinance so the Council can grasp a better understanding of the effect of any proposed amendments. Councilmember Wilson said a mechanism must be devised whereby plantings that are determined to be a hedge are logged and monitored to prevent view impaction from occurring in the future. He said the ordinance must have some "teeth" in it. Councilmember Wilson felt that the proposed amend- ments, if adopted, will accomplish nothing because the ordinance will not be enforced. Councilmember Hertrich inquired if there is a means for the City to limit the growth pattern of plants to a certain height after the plants have been logged. City Attorney John Wallace said an ordinance can be drafted but an enforcement problem would be encountered. Councilmember Palmer said he was not satisfied with the definition of a hedge because it is not species specific and the amendments are not view specific. He said putting restrictions in areas that have no views will only make people angry. Councilmember Palmer said he agreed with Councilmember Wilson with respect to the need for cove- nants for new plantings in new developments, but he could not support the proposed amendments because the definition of a hedge is too broad and because he did not want to restrict plantings in non -view areas because plants provide a number of benefits to the environment. EDMONDS CITY COUNCIL MINUTES Page 5 SEPTEMBER 19, 1990 Councilmember Kasper believed the Council should strive towards creating view corridors in the bowl area and in view -sensitive areas vis-a-vis the tree and hedge ordinance. Councilmember Hertrich inquired if plantings can be restricted in view -sensitive areas only.. Mr. Wallace felt the State Supreme Court would challenge the City's ability to regulate plantings solely on the preservation of a view. He said the City could include view preservation as a factor in regulating plantings, but other factors would have to be established. Councilmember Jaech inquired if the City can enforce its present ordinance and request a person to cut a hedge down to six feet. Mr. Wallace said the present ordinance is enforceable on a complaint basis if a hedge did not predate the height restriction. Mr. Wallace said the City can pursue either criminal or civil action if a property owner does not comply with the City's re- quest to trim a hedge to the height limit. Councilmember Jaech inquired about the City's ability to prevail in such an instance. Mr. Wallace said the Supreme Court sustained a municipality's regulatory power in a similar instance. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO NOT ACCEPT THE RECOMMENDATIONS SO FAR AS THEY PERTAIN TO HEDGES. Councilmember Palmer said there are many unanswered questions with respect to the hedge issue, and the Council will have to reach some decision more likely during its deliberation on the clear- ing ordinance MOTION CARRIED. REVIEW OF HUTT COMMITTEE RECOMMENDATION FOR PARK PROTECTION ORDINANCE ' Parks & Recreation Division Manager Arvilla Ohlde introduced Hank Lewis. Hank Lewis, Hutt Park Citizen Advisory Committee member, 21723 - 97th Ave. W., noted that Commit- tee members Larry Brainard, Kim Pierce, Dr. Robert VanCitters, and Bob Dodge were in the audience. Mr. Lewis reported that on July 17, 1990, the City Council directed the City Attorney to work with the Committee to prepare an optional resolution or ordinance protecting Hutt Park from sale or trade and preserving it in its natural setting as a public park in perpetuity. Mr. Lewis said the Committee met with the City Attorney on July 24 to review alternate methods of protecting Hutt Park and thereafter produced an ordinance which takes into consideration the use of other parks within the City without isolating Hutt Park with superior or special rights. The recommended ordinance provides three aspects of the protection plan as follows: 1) an intent section which clearly defines the intended use of the property; 2) an administration section which outlines the process for master planning, a review period of every five years, and a condi- tion for proposed changes; and 3) a restriction removal section that defines the methods of modi- fications, changes or amendments if they are not specifically stated in the Master Plan for the park. If modifications are inconsistent with the ordinance, legal processes will be set in mo- tion. Mr. Lewis said the Committee believes the ordinance will serve as a short- and lon4=range solu- tion to all Hutt Park controversies. He believed passage of the proposed ordinance will be a solid statement from the City Council to the Hutt Park neighborhood and the City, at large, that the City is sincere in its commitment to its park system and is willing to make a strong commit- ment towards protecting an irreplaceable asset to the community. With reference to section 2 of the proposed ordinance, second to the last sentence, Councilmember Hertrich inquired why it is proposed that any future structures or improvements within the park be limited to the extent that they are necessary for the preservation and maintenance of above - stated goals or provide a necessary benefit to surrounding properties and/or neighborhood. Mr. Lewis said the Committee felt it was important that any improvements have a benefit to the neigh- borhood because the park is a neighborhood park as opposed to a community park, such as Yost Park. Councilmember Hertrich expressed concern.with that provision because he said any improve- ments that may be necessary within the park that would benefit another area would be precluded and, therefore, would not benefit the City as a whole. Larry Brainard, 18822 - 94th Ave. W., said the proposed ordinance simply says that the City is dedicating the property with the intent to make it a natural park. He briefly reviewed the provi- sions of the proposed ordinance. Mr. Brainard said if there are any specific concerns by the Council, the Committee will review those areas of concern and make necessary changes. EDMONDS CITY COUNCIL MINUTES Page 6 SEPTEMBER 19, 1990 Councilmember Hertrich suggested that the proposed ordinance include language that refers to the park as an open space designation as a protective device to keep the park in its natural state. Mr. Lewis said the Committee felt the language contained in the proposed ordinance would provide adequate protection, but he said the Committee was not opposed to an open space designation. Councilmember Nordquist felt that the proposed ordinance reflects an innuendo which doubts that the Council will retain Hutt Park in City ownership, and he said he took it very personally. He said the City has always moved towards enhancing the community with more park lands, and the Council has never mentioned that it wants to sell Hutt Park. Councilmember Hertrich felt that section 2, second to the last paragraph, should be modified because he did not believe any public works or utility improvements that are required by the City should be limited to benefit only a certain area, and that the percentages in section 4, last sentence, should be modified because an 80% election turnout and 65% support are unrealistic figures. Councilmember Palmer reiterated that the Council has never shown any interest in surplusing or selling Hutt Park. He said, however, the Council cannot bind any future Council to a policy or policies that are made by the current Council. Councilmember Jaech said although the Council could take a strong oath.stating that Hutt Park is dedicated for passive and educational uses and for wildlife habitat and natural native vegeta- tion, the -:Council cannot predict what a future Council may do. She was certain that a document could be =written providing an assurance to citizens that the park will remain park property while, at the same time, provide the City with an ability to make any necessary improvements in the future. Mayor Naughten concurred. At the request of Councilmember Hertrich, Mr. Wallace explained that any ordinance can be brought up at,a regular public meeting of the City Council and repealed without a public hearing. He said,,however, if Hutt Park was designated as open space, the property could potentially be re- zoned at a future date but it would require a public hearing and a vote of four Council members in favor of the rezone. Councilmember Dwyer reiterated that there is no intent by the Council to convey Hutt Park. He was in agreement with Councilmember Hertrich regarding the open space designation because he said it will provide an additional guarantee to the public that the property will not be conveyed because nobody would purchase open space from the City because it could not be developed unless it was rezoned. Councilmember Palmer was in agreement with Councilmember Hertrich and Councilmember Dwyer with respect to the open space designation but with an addendum including the language in the proposed ordinance relating to its natural state and intended use. He suggested that the Council request the Parks Board, with the assistance of the Hutt Park Citizens Advisory Committee, to prepare a master plan next year and that the Council dedicate funds for that process. Mr. Brainard said the Committee never intended to offend or accuse the Council in any way of looking to dispose of Hutt Park. He said the wording contained in the proposed ordinance was a result of discussions with the City Attorney, and the members of the Committee may Have misinter- preted those discussions. Mayor Naughten thanked the Committee for their efforts. MAYOR Mayor Naughten happily announced that he received a letter from Bill Stevens from the Port of Edmonds stating that their insurance rate has been lowered by $1500 because the City's new fire rating from Class V to Class IV. Mayor Naughten noted that the City received the Pedestrian Safety Citation for the second time. Mayor Naughten said the City of Edmonds is hosting a Cities & Towns meeting on September 27 at 6:30 p.m. at Fish House Charlie's. Mayor Naughten announced that Fire Chief Jack Weinz is retiring. COUNCIL Council President Nordquist said the City of Mountlake Terrace has invited the City of Edmonds to a meeting at Brookside Restaurant to share common concerns. He said he would provide the suggest- ed dates to the Council to determine the best date for a dinner meeting. EDMONDS CITY COUNCIL MINUTES Page 7 SEPTEMBER 19, 1990 Councilmember Hertrich asked the Council to peruse the information they received regarding a utility rate discount for senior citizens and disabled people, as well as information regarding the cable t.v. franchise. Councilmember Jaech said she will not be at next week's Council meeting because she will be at- tending a State Planning Council dinner. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO MOVE THE NOVEMBER 5, 1990 COUNCIL MEETING TO NOVEMBER 4 BECAUSE OF THE GENERAL ELECTION. MOTION CARRIED. J COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO HAVE A STANDING POLICY THAT y WHENEVER THERE ARE ELECTIONS IN SEPTEMBER AND NOVEMBER THAT THE COUNCIL ALWAYS RESCHEDULE THE 0 COUNCIL MEETING NIGHT TO THE NIGHT BEFORE. MOTION CARRIED WITH COUNCILMEMBER KASPER ABSTAINING. Councilmember Palmer noted that Seattle Mayor Norm Rice has proposed, in his budget, a request that cable t.v. franchise taxes increase 50% from 6% or revenues to 9%. Councilmember Palmer said customers are having difficulty reaching representatives of -Lynnwood Disposal by telephone. He said he made numerous attempts to speak to a representative by tele- phone yesterday and finally got through but was placed on hold for 32 minutes. Councilmember Palmer said other Edmonds residents have lodged the same complaint with the City. He said he spoke with the Vice President of Rabanco (a parent company of Lynnwood Disposal) and told him that he wpuld be informing the Council that the company is unable to provide proper customer service. lie invited an immediate improvement. Councilmember Palmer recommended that an ordinance or a policy be drafted providing that sections L� of an ordinance that are proposed to be deleted be crossed out and sections that are proposed to be added be underlined when they are presented to the Council and that is is also indicated which board, commission or department is making the request. Councilmember Palmer referred to a memorandum and recommendation from the City Attorney regard- ing a discussion with respect to adult entertainment at the Planning Board level. He noted that the Council, as a whole, has never heard a complete presentation on the issue. COUNCILMEMBER r LG PALMER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO DIRECT THE PLANNING BOARD TO TABLE THE DISCUS- SION ON ADULT ENTERTAINMENT. Mayor Naughten recommended that the Council not table the discus- sion because he said the public hearing has been postponed twice and citizens are anxious to express their opinion on the matter. Councilmember Palmer said he did not object to hearing public opinion but he preferred that the discussion be tabled so that the existing ordinance remains on the books and the options to increase adult entertainment in Edmonds are also tabled. A ROLL CALL VOTE WAS TAKEN. MOTION FAILED WITH COUNCILMEMBER KASPER, COUNCILMEMBER PALMER, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER NORDQUIST, COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, AND COUNCILMEMBER JAECH OPPOSED. AUTHORIZATION FOR MAYOR TO SIGN STATEMENT OF UNDERSTANDING WITH AMERICAN RED CROSS FOR USE OF 4V FRANCES ANDERSON CENTER FOR A MASS ARSHELTER ITEM N THE CONSENT AGENDA- COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, THAT THE MAYOR NOT SIGN THE STATE- MENT OF UNDERSTANDING UNTIL THE CITY COMPLETES ITS SEISMIC STUDY OF BOTH THE NEWER SECTION OF THE PROPERTY AND THE OLD SCHOOL PROPERTY. Councilmember Hertrich raised a point of order. He noted that Councilmember Kasper did not vote on the Consent Agenda and, therefore, could not make any motion until another Councilmember made a motion to reconsider the item. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER JAECH, TO RECONSIDER ITEM (C). MOTION CARRIED. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, THAT THE CITY CONDUCT A SEISMIC STUDY ON THE OLD SCHOOL AND THE NEW ADDITIONS TO THE OLD SCHOOL AND DELAY THE SIGNING OF THE RED CROSS AGREEMENT UNTIL THE RESULTS OF THE STUDY ARE KNOWN. Councilmember Jaech asked Staff to submit a memorandum to the Council informing them when the seismic study will commence. Councilmember Kasper did not believe the Mayor should sign the agreement until the safety of those structures are ascertained through a seismic study. EDMONDS CITY COUNCIL MINUTES Page 8 SEPTEMBER 19, 1990 Because there was some confusion as to whether the Council had directed Staff to conduct a seis- mic study in connection with a space needs study, COUNCILMEMBER JAECH MOVED TO AMEND THE MOTION TO ONLY DIRECT THE MAYOR NOT TO SIGN THE AGREEMENT WITH THE RED CROSS FOR AN EMERGENCY SHELTER AT THE ANDERSOR CENTER. MOTION CARRIED: Mayor Naughten clarified with Councilmember Jaech that the seismic study will not be conducted. As a procedural matter, Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO EXTEND THE MEETING FOR 2 MINUTES. MOTION CARRIED. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO EXCUSE COUNCILMEMBER JAECH'S ABSENCE ON SEPTEMBER 25, 1990 AND HIS ABSENCE ON SEPTEMBER 25, 1990 AND OCTOBER 2,'1990. MOTION GL CARRIED. The meeting adjourned at 10:01 p.m. THESE MINUTES ARE SUBJECT TO SEPTEMBER 25, 1990 APPROVAL. CQU THE G. PARRETT, City Clerk LA RY S. AUGHTEN, M yor EDMONDS CITY COUNCIL MINUTES Page 9 SEPTEMBER 19, 1990 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. SEPTEMBER 18, 1990 rAl I Tf1 ArMCD FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF SEPTEMBER 4, 1990 (C) AUTHORIZATION FOR MAYOR TO SIGN ,STATEMENT OF UNDERSTANDING WITH AMERICAN RED CROSS FOR USE OF FRANCES ANDERSON CENTER FOR A MASS CARE SHELTER (D) REPORT ON BIDS FOR PAVING PARKING LOTS OF SIERRA AND PINE ST. PARKS, AND AWARD OF CONTRACT TO LAKESIDE INDUSTRIES ($11,999.10, INCLUDING SALES TAX) (E) APPROVAL OF ACCESS EASEMENT AT SOUTHEAST CORNER OF PINE RIDGE PARK AT 208TH ST. S.W. AND 83RD AVE. W. (F) FINAL APPROVAL OF PLANNED RESIDENTIAL DEVELOPMENT/SUBDIVISION OF PARK COURT AND ADOPTION -OF PROPOSED ORDINANCE 2793 AMENDING OFFICIAL ZONING MAP (PRD-1-90/PRD-1-90/ERIC THUESEN) (G) PROPOSED ORDINANCE 2794 APPROVING VACATION OF PORTION OF RIGHT-OF-WAY ALONG PINE ST., ADJACENT TO 916 9TH AVE. S. (ST-6-90/HARDMAN) (H) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING HEARING ON APPEAL OF HEARING EXAMINER DECISION ON SETBACK ADJUSTMENT AT 727 ALOHA ST. (AP-18-90/PEOPLES) 2. AUDIENCE 3. HEARING ON PLANNING BOARD RECOMMENDATION ON PROPOSED AMENDMENT TO EDMONDS COMMUNITY DEVELOPMENT CODE REGARDING REGULATIONS GOVERNING TEMPORARY PARKING LOTS (CDC-4-90) 4. SECOND HEARING ON PROPOSED ORDINANCE 2795 ADDING SECTION 18.95.030 TO EDMONDS COMMUNITY DEVELOPMENT CODE RELATING TO TANDEM PARKING 5. HEARING ON PROPOSED WALKWAY BETWEEN BROOKMERE DR. AND HINDLEY LANE, IN VICINITY OF 8TH AVE. 6. CONTINUED COUNCIL DELIBERATION FOLLOWING SECOND HEARING ON PLANNING BOARD RECOMMENDATION ON PORTION OF PROPOSED AMENDMENT TO COMMUNITY DEVELOPMENT CODE REGARDING REVISED DEFINITION OF HEDGES (SEC. 21.40.-020) (CDC-1-90/CITY OF EDMONDS) 7. REVIEW OF HUTT COMMITTEE RECOMMENDATION FOR PARK PROTECTION ORDINANCE 8. MAYOR 9. COUNCIL THE PUBLIC IS INVITED TO ATTEND (20 MINUTES) (15 MINUTE:S) (30 MINUTES) PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE