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09/06/2005 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES September 6, 2005 Following a Special Meeting at 6:30 p.m. for an Executive Session regarding labor negotiations and a 6:45 p.m. interview of a candidate for the Historic Preservation Commission, the Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Richard Marin, Council. President Michael Plunkett, Councilmember Jeff Wilson, Councilmember Mauri Moore, Councilmember Dave Orvis, Councilmember Deanna Dawson, Councilmember ELECTED OFFICIALS ABSENT Peggy Pritchard Olson, Councilmember ALSO PRESENT Molly Thomson, Student Representative STAFF PRESENT David Stern, Chief of Police Duane Bowman, Development Serv. Director Jennifer Gerend, Economic Development Dir. Noel Miller, Public Works Director Rob Chave, Planning Manager Dave Gebert, City Engineer Don Fiene, Assistant City Engineer Steve Bullock, Senior Planner Scott Snyder, City Attorney Linda Hynd, Deputy City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. APPROVAL OF AGENDA Change to the Agenda COUNCIL PRESIDENT MARIN MOVED, SECONDED BY COUNCILMEMBER DAWSON, FOR APPROVAL OF THE AGENDA WITH THE ADDITION OF "APPROVAL OF TEAMSTER LABOR CONTRACT" TO THE CONSENT AGENDA AS ITEM K. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS Councilmember Wilson requested Item I be removed from the Consent Agenda, Council President Marin requested Item F be removed, and Councilmember Plunkett requested Item G be removed. COUNCIL PRESIDENT MARIN MOVED, SECONDED BY COUNCILMEMBER DAWSON, FOR APPROVAL OF THE REMAINDER OF THE CONSENT AGENDA. The agenda items approved are as follows: (A) ROLL CALL Approve 8/23/05 (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF AUGUST 23, 2005. Minutes Approve i (C) APPROVAL OF CITY COUNCIL MEETING MINUTES OF AUGUST 30, 2005. 8/30/05 Minutes Edmonds City Council Approved Minutes September 6, 2005 Page 1 Approve Clairn (D) APPROVAL OF CLAIM CHECKS #81918 THROUGH #81991 FOR THE WEEK OF Checks AUGUST 22, 2005, IN THE AMOUNT OF $358,453.71. APPROVAL OF CLAIM CHECKS #81917 AND #82001 THROUGH #82167 FOR THE WEEK OF AUGUST 29, 2005, IN THE AMOUNT OF $681,545.96. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #41613 THROUGH #41739 FOR THE PERIOD AUGUST 16, 2005 THROUGH AUGUST 31, 2005 IN THE AMOUNT OF $901,283.80. Claims for (E) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM DEBBIE JOHNSON Damages ($59.00), IMELDA DE DIOS (AMOUNT UNDETERRMINED), AND GLENN CARROLL (AMOUNT UNDETERMINED). Agreement for (H) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT FOR RELOCATION AND Relocation of Utility Lines OWNERSHIP OF UTILITY LINES WITH VISTA DEL MAR HOMEOWNERS' ASSOCIATION. Res# 1106 (J) RESOLUTION NO. 1106 REQUESTING THE SNOHOMISH COUNTY AUDITOR HOLD Esperance A SPECIAL ELECTION TO BE HELD IN CONJUNCTION WITH THE GENERAL Annexation ELECTION ON NOVEMBER 8, 2005 FOR THE PURPOSE OF PLACING ON THE Election BALLOT PROPOSITIONS CONCERNING THE ANNEXATION OF CERTAIN PROPERTY KNOWN AS THE ESPERANCE ANNEXATION AREA AND THE ASSUMPTION OF EXISTING CITY INDEBTEDNESS. Teamster Labor Contract (K) APPROVAL OF TEAMSTER LABOR CONTRACT. Item F: Approval of List of Edmonds Businesses Applying for Renewal of their Liquor Licenses with the Washington State Liquor Control Board Council President Marin explained he pulled this item to abstain from the vote. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER MOORE, FOR APPROVAL OF ITEM F. MOTION CARRIED (5 -0 -1), COUNCIL PRESIDENT MARIN ABSTAINED. The item approved is as follows: Board control (F) APPROVAL OF LIST OF EDMONDS BUSINESSES APPLYING FOR RENEWAL OF THEIR LIQUOR LICENSES WITH THE WASHINGTON STATE LIQUOR CONTROL BOARD Historic Item G: Confirmation of the Historical Society Appointment of Norma Bruns to the Historic Preservation Preservation Commission Committee Councilmember Plunkett recognized Ms. Bruns in the audience commenting her ears of involvement Appointment g � g on y in the community. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER WILSON, FOR APPROVAL OF ITEM G. MOTION CARRIED UNANIMOUSLY. The item approved is as follows: (G) CONFIRMATION OF THE HISTORICAL SOCIETY APPOINTMENT OF NORMA BRUNS TO THE HISTORIC PRESERVATION COMMISSION Ord# 3560 Item I: Proposed Ordinance Rezoning Certain Real Property Located along Edmonds Way from Single - Rezone certain Family and Multi - Familv Residential (RS -8 and RM -1.5) to Multi - Family Residential (RM -1.5) and Property on Community Business (BC) Edmonds Way Councilmember Wilson advised he was absent from the Council meeting due to business travel when this item was discussed and would therefore abstain from the vote. Edmonds City Council Approved Minutes September 6, 2005 Page 2 COUNCIL PRESIDENT MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, FOR APPROVAL OF ITEM I. MOTION CARRIED (5 -0 -1), COUNCILMEMBER WILSON ABSTAINED. The item approved is as follows: (I) ORDINANCE NO. 3560 REZONING CERTAIN REAL PROPERTY LOCATED ALONG EDMONDS WAY FROM SINGLE - FAMILY AND MULTI - FAMILY RESIDENTIAL (RS- 8 AND RM -1.5) TO MULTI - FAMILY RESIDENTIAL (RM -1.5) AND COMMUNITY BUSINESS (BC) [New Student 13. INTRODUCTION OF NEW STUDENT REPRESENTATIVE MOLLY THOMSON Representative Council President Marin introduced the new Student Representative, Molly Thomson, a student at Edmonds Woodway High School and briefly described her school activities and interests. Ms. Thomson thanked the Council for selecting her and looked forward to the opportunity to serve as Student Representative. Transportation 4. UPDATE BY THE TRANSPORTATION COMMISSION Commission Update Stacy Gardea, Chair, Transportation Commission, reported staff has provided the Commission a great deal of information that they are in the process of studying to educate themselves with regard to transportation issues. She invited the Council to contact her with any questions /comments, advising she was the liaison between the Council and the Commission. She explained her plan was not for the Commission to be a threat but rather to solicit ideas from everyone including learning from the Council about transportation issues that the public needed to be aware of. Zoning Moratorium on 5. PUBLIC BEARING ON ORDINANCE NO. 3558, A ZONING MORATORIUM ON THE Development ISSUANCE OF DEVELOPMENT PERMITS FOR NEW STORAGE FACILITIES MOBILE Permits for HOME PARKS AND GROUND FLOOR RESIDENTIAL USES IN THE CG AND CG -2 ZONES Certain Uses in he CG & CG -2 zones Development Services Director Duane Bowman explained the City Council passed interim ordinance 3558 on August 5, 2005 establishing a moratorium on storage facilities, mobile home parks and ground floor residential uses in the CG and CG2 zones. He explained the purpose of the interim ordinance was to ensure these types of uses which could protract from potential more desirable commercial uses along Hwy. 99 corridor did not develop in the interim while the City considered potential changes to the Zoning Code in support of the Hwy. 99 Task Force recommendations and planning efforts. As required by Ordinance No. 3558, a public hearing was scheduled for September 6, 2005 to take public comment which will be forwarded to the Planning Board for consideration. Mayor Haakenson opened the public participation portion of the public hearing. There were no members of the public present who wished to provide testimony and Mayor Haakenson closed the public hearing. COUNCIL PRESIDENT MARIN MOVED, SECONDED BY COUNCILMEMBER DAWSON, TO REFER THIS MATTER TO THE PLANNING BOARD FOR REVIEW AND RECOMMENDATION. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Janet Kavadas, Edmonds, announced a Communities that Care luncheon on. Wednesday, September 28 comm °pities in the library plaza room from 11:30 — 1:30 where a Community Action Plan would be presented. She that Care IlLuncheon explained Communities that Care began in South Snohomish County in 2001 by a group of agencies and individuals concerned with the possible duplication of surveys and programs. She advised that worked to Edmonds City Council Approved Minutes September 6, 2005 Page 3 develop plans for improving services in communities. Based on the national Communities that Care model, a Community Action Plan was developed to provide research -based tools to provide for positive development of children and youth. She listed participants in this effort including Edmonds Parks & Recreation, Edmonds School District, Boys & Girls Club, Lynnwood Parks & Recreation, PTA, Snohomish County Housing Health and Safety Network, Family Support Center, Mountlake Terrace and Edmonds Police Departments, and United Way. She referred to results of a Search Institute Developmental Assets Survey conducted in 2000 that only 30% of students reported adults modeled positive and responsible behavior, 22% reported adults in the community did not value youth, and 33% felt the school provided a caring and encouraging environment. She summarized the vision of Communities that Care is that every youth in South Snohomish County know that adults at home, at school, in their neighborhood and in the community care about them and encourage their development as well as youth knowing what behavior is expected, receive recognition for good work and have opportunities to talk with caring adults. She welcomed the Council's participation at the luncheon and urged them to consider ways to assist via volunteering for tutoring, mentoring and recognition, as well as providing donations. Building Height Steve Bernheim, Edmonds, provided a PowerPoint presentation illustrating 3 -story buildings that could Issue be the result of increased building heights. He also displayed photographs of several one and two story buildings that he considered nicer and more attractive, pointing out open spaces, seating areas, recessed spaces and pitched roofs. He displayed photographs of less desirable buildings with features that projected into the public spaces. He pointed out few buildings under 25 -30 feet were likely to be constructed if the height limit were raised. He summarized the use of pictures was a more persuasive method of illustrating the outcome of increased height limits. He questioned if the Council was interested in building heights, why stop at three stories or 30 -35 feet? Ray Martin, Edmonds, advised he had reported Council candidate Preecs and Councilmember Wilson to the Public Disclosure Commission. Next, Mr. Martin remarked building heights was the most important issue on the ballot. He referred to a group of four Councilmembers, Wilson, Moore, Olson and Marin, Building Height who he alleged controlled the Council with regard to building heights but were unable to devise a way to Issue increase heights without anyone knowing they had done so. He commented his research indicated an increase in the building heights occurred in 1997 when a "stealth" building height ordinance was passed while Mayor Haakenson was on the Council. He pointed out the term building heights did not appear in the 1997 ordinance but was mentioned briefly in a footnote. Mr. Martin also alleged Council President Marin and Councilmember Wilson used email to deliberate secretly in violation of the open public meetings act. Contract Robert Driscoll, Edmonds, requested an answer to the question he asked two weeks ago regarding the Rezone at contract rezone bordering Walnut, Holly Drive, and 5th Avenue. He recalled when the contract rezone Walnut, Holly Dr. & 5" Ave. was being created, the developer, Bob Gregg, made the statement that 15 feet would be used for the building and 45 feet would be landscaped, level open space from Holly Drive to the adjacent residence. However, the open space contains overhangs, decks and a bicycle rack. Development Services Director Duane Bowman provided Mr. Driscoll a report with staff's research on the matter. Mr. Driscoll recalled the contract rezone also stated the owner shall not request nor be granted any change for five years. When he was investigating this matter, a member of the planning staff told him they debated the issue and agreed to the minor changes. Mr. Snyder summarized the report, explaining there were four allegations in the citizen complaint received two weeks ago, 1) the development was not consistent with BC development, 2) calculation of building height, 3) open space, and 4) improvements in the open space. With regard to the first allegation, the required planning and ADB approval process requires the rezone comply with the City's Zoning Code. The concomitant rezone agreement is an amendment to the City's Zoning Code by contract Edmonds City Council Approved Minutes September 6, 2005 Page 4 but becomes a part of the zoning limitations applicable to the property. The ADB decision found that the submitted plans were in compliance with the zone and deferred the issue of the balconies to staff for interpretation which was done in issuing the building permit. With regard to the second allegation regarding calculation of building height, he deferred to staff's report, summarizing there were two alternative measurements that could be applicable under the Code, the more restrictive should apply. The calculations provided, as well as staff's review at the time of framing, indicated the height at an elevation of 113.55 was below the otherwise applicable maximums listed. With regard to use of the open space, Mr. Snyder explained the ADB plan review and building permit application showed the balconies in place and the grading plan sloping down at the angle that it will be at finished grade. He pointed out that these issues were approved and not appealed. From a legal perspective, he explained two years ago the Washington State Supreme Court considered a decision in Chelan County v. Nykreim where Chelan County' Community Services Director attempted to revoke a staff decision on a lot line adjustment. The State Supreme Court ruled that cities could not revolve a permit that they had granted if the permit was subject to the Land Use Petition Act (LUPA). In other words, any staff decision that is subject to LUPA and is not appealed, becomes final and the city cannot revoke or overturn it. Mr. Driscoll questioned how the statement in the contract rezone that stated the owner could not request or be granted any change for a period of five years was overlooked. Mr. Snyder advised his review was done from the point of view that each of the citizen's allegations were correct and that four incorrect decisions were made. From a legal perspective, it did not matter whether the right or wrong decisions were made, if they were embodied in the land use approval, it was a dead issue from a legal standpoint — there was no way to undo it. He explained staff and the ADB's interpretation of the concomitant rezone agreement did not view the request as a change. Contract Richard Chapman, Edmonds, whose residence on Holly Drive is approximately 200 feet from the Rezone at project referred to by Mr. Driscoll, explained he was not a signatory to the letter Mr. Driscoll submitted Walnut, Holly Dr. and 5 " Ave. because he wanted to conduct his own due diligence. In reviewing the minutes of the closed record review in 2002, the language in the ordinance and the contract rezone, as well as staff's August 25 report and Mr. Snyder's August 24 memo, he concluded a grievous error had been made. He recommended the City determine where the system failed and fix it. He submitted a written copy of his conclusions. He referred to the minutes of the closed record review in which the architect, Mr. Shapiro, stated the map depicted the area flush with the existing grade and the owner /applicant, Bob Gregg, stated drawings were attached to the contract illustrating grading would be to the level of Holly Drive and to the level of the east property line. He noted Mr. Snyder also indicated the definition of open was something upon which no building or structure was constructed. He disagreed that open space was a fenced "hole in the ground" with four concrete structures and encroached on by balconies and rooflines. He pointed out 10% of the open space was occupied by structures and another 30 -40% was a 33% grade with retaining walls. He summarized this was not open space — it was not what was discussed, not what was captured in the minutes and not what was described in the contract rezone. Mr. Chapman displayed the building height calculation attached to staff's report and disputed the calculation. Next, he questioned whether the landscaping on Holly Drive was located 4 -5 feet onto the Holly Drive right -of -way. He suggested the Council form a subcommittee with 2 -3 councilmembers, staff and himself to review what happened and determine if anything could be corrected. He asked what the outcome of the Chelan County v. Nykreim case would have been if the developer had done this intentionally. Mayor Haakenson advised that Mr. Bowman, Mr. Bullock, Mr. Snyder and he visited the site today. With regard to the location of the landscaping on Holly Drive, Mr. Bowman explained the original Edmonds City Council Approved Minutes September 6, 2005 Page 5 proposal was to build a sidewalk on Holly Drive; the neighbors requested the sidewalk not be included due to the narrow width of Holly Drive. As a result, the sidewalk will not be constructed and the road will be adjacent to the property line. Mr. Snyder advised there were two exceptions to Chelan County v. Nykreim: fraud and violation of a condition. Roger Hertrich, Edmonds, referred to Mr. Snyder's use of the word "fraud," suggesting that the errors N0" were made intentionally by the developer, Bob Gregg. Next, Mr. Hertrich recommended the regulations Conformance Regulations regarding non-conformity be studied and revised. He noted there were several buildings that instead of being remodeled would be demolished and replaced because of the City's non-conformance regulations. He suggested the non-conformance regulations be considered at the same time the Council studied variances. He suggested if the Council wanted to retain the historical aspects of the City, owners should be allowed to remodel. Mr. Snyder advised he had prepared a draft regarding historical structures and non-conformity and offered to include it in the report regarding variances. Design Don Kreiman, Edmonds, agreed in 1997 a change was made and for the next two years several Guidelines buildings were constructed that no one liked. In 1999, the City Council hired a consultant who concluded the design guidelines were inadequate and difficult for staff to interpret. The Council then hired an architectural firm to develop design guidelines; the Council accepted the guidelines and forwarded them to the Planning Board. The Planning Board worked on the design guidelines for two years and, in the meantime, more buildings were constructed that no one liked. After two years, the Planning Board forwarded a recommendation to the Council and after one public hearing; the Council tabled the design guidelines. Then last year, after several residents filed a lawsuit regarding a building proposal, the Council passed a moratorium and no development has occurred in Edmonds because nothing over 25 feet could be approved. He pointed out builders did not decide what to build in Edmonds, the Council decided. If buildings were unattractive, it was the Council's responsibility to ensure the regulations were improved. He commented on a PRD he visited today that had seven houses where, across the street, two houses were constructed on the same size lot. He pointed out the City was missing out on development fees,property taxes, and retail sales revenue as a result of the moratorium. 7. MAYOR'S COMMENTS Mayor Haakenson had no report. 8. COUNCIL COMMENTS Excused Absence COUNCIL PRESIDENT MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, TO EXCUSE COUNCILMEMBER WILSON FROM THE AUGUST 30 COUNCIL MEETING. MOTION CARRIED(5-0-1),COUNCILMEMBER WILSON ABSTAINED. Councilmember Moore thanked Mr. Chapman for his time and articulate thoughts. She intended to read 51 the information he provided and determine what went wrong and how it could be prevented in the future. With regard to the photographs Mr. Bernheim displayed, Councilmember Moore agreed there were buildings constructed under sloppy design guidelines with a 30-foot height limit. The Council was working on the design guidelines to address those issues. With no further business,the Council meeting was adjourned at 7:55 p.m. N. ` G Vii'Y H.f ENSON,MAYOR SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes September 6,2005 Page 6 e • AGENDA yi,AEDMONDS CITY COUNCIL iii Council Chambers, Public Safety Complex 250 5th Avenue North 7:00 - 10:00 p.m. SEPTEMBER 6, 2005 6:30 p.m. - Executive Session Regarding Labor Negotiations 6:45 p.m. - Interview Candidate for the Historic Preservation Commission 7:00 p.m. - Call to Order/Flag Salute 1. Approval of Agenda 2. Consent Agenda Items (A) Roll Call (B) Approval of City Council Meeting Minutes of August 23, 2005. (C) Approval of City Council Meeting Minutes of August 30, 2005. (D) Approval of claim checks #81918 through #81991 for the week of August 22, 2005, in the amount of $358,453.71. Approval of claim checks #81917 and #82001 through #82167 for the week of August 29, 2005, in the amount of $681,545.96. Approval of payroll direct deposits and checks #41613 through #41739 for the period August 16, 2005 through August 31, 2005 in the amount of$901,283.80.* *Information regarding claim checks may be viewed electronically at www.ci.edmonds.wa.us (E) Acknowledge receipt of Claim for Damages from Debbie Johnson ($59.00), Imelda de Dios (amount undetermined), and Glenn Carroll (amount undetermined). (F) Approval of list of Edmonds businesses applying for renewal of their Liquor Licenses with the Washington State Liquor Control Board. (G) Confirmation of the Historical Society appointment of Norma Bruns to the Historic Preservation Commission. (H) Authorization for Mayor to sign Agreement for Relocation and Ownership of Utility Lines with Vista Del Mar Homeowners' Association. (I) Proposed Ordinance rezoning certain real property located along Edmonds Way from Single-Family and Multi-Family Residential (RS-8 and RM-1.5) to Multi- Family Residential (RM-1.5) and Community Business (BC). Page 1 of 2 CITY COUNCIL MEETING AGENDA SEPTEMBER 6, 2005 (J) Proposed Resolution requesting the Snohomish County Auditor hold a special election to be held in conjunction with the General Election on November 8, 2005 for the purpose of placing on the ballot propositions concerning the annexation of certain property known as the Esperance Annexation Area and the assumption of existing City indebtedness. 3. ( 5 Min.) Introduction of new Student Representative Molly Thomson. 4. ( 5 Min.) Update by the Transportation Commission. 5. (15 Min.) Public Hearing on Ordinance No. 3558, a zoning moratorium on the issuance of development permits for new storage facilities, mobile home parks and ground floor residential uses in the CG and CG-2 zones. 6. Audience Comments (3 Minute Limit Per Person)* *Regarding matters not listed on the Agenda as Public Hearings or Closed Record Review. 7. ( 5 Min.) Mayor's Comments 8. (15 Min.) Council Comments ADJOURN Parking and meeting rooms are accessible for persons with disabilities. Please contact the City Clerk at(425) 771-0245 with 24 hours advance notice for special accommodations. A delayed telecast of the meeting appears on cable television-Government Access Channel 21. Page 2 of 2