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02/02/1988 City CouncilTHESE MINUTES SUBJECT TO FEBRUARY .9, 1988 APPROVAL EDMONDS CITY COUNCIL MINUTES FEBRUARY 2, 1988 The regular meeting of the Edmonds City Council was called to order at 7 p.m. by Mayor Larry Naughten at the Library Plaza Room,.650 Main St, Edmonds. PRESENT Larry Naughten, Mayor Steve Dwyer, Council President John Nordquist Jack Wilson Laura Hall Jo -Anne Jaech Bill Kasper. Roger Hertrich CONSENT AGENDA ABSENT STAFF Bill Kasper Mary Lou Block, Planning Div. Mgr. Martha Dubick, Bobby Mills, Public Works Supt. Student Rept. Art Housler, Admin. Svc. Director Peter Hahn, Comm. Svc. Director Jack Weinz, Fire Chief Bob Alberts, City Engineer Dan Prinz, Police Chief Duane Bowman, Asst. City Planner Chris Beckman, Engineering Coord. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Item (J) was removed from the Consent Agenda. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEM- BER WILSON, 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 JANUARY 19, 1988 e� (C) AUTHORIZATION TO PURCHASE REPLACEMENT MOTORCYCLE FOR POLICE DEPARTMENT ($6,800) (D) APPROVAL OF ADDENDUM TO SECURITY SERVICES AGREEMENT FOR STEVENS MEMORIAL HOSPITAL (E) FINAL ACCEPTANCE OF WORK COMPLETED AT 5TH AND WALNUT CORNER PARKS BY KLB CONSTRUC- TION AND SET 30 DAY RETENTION PERIOD (F) AUTHORIZATION FOR MAYOR TO SIGN PERMIT WITH BURLINGTON NORTHERN RAILROAD TO SUPPLEMENT yt, ter- EXISTING PERMIT FOR NEW STORM SEWER ADDITIONS (G) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF HEARING EXAMINER DECISION REGARDING SIDEWALKS AT 172ND S.W./72ND W. (AP-13-87/APPELLANTS: WALTER 8 KOLETA DASTIS) �(H) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT FOR PUBLIC HEALTH SERVICE (I) AUTHORIZATION FOR MAYOR TO RE -EXECUTE PUD TRACTION RIGHT-OF-WAY EASEMENT RECOMMENDATION FOR APPROVAL OF TAXICAB RENEWAL LICENSE OF YELLOW/PLAZA CAB FOR 1988 ITEM J ON THE CONSENT AGENDA Councilmember Hertrich expressed concern that the amount of insurance coverage carried by the cab company was inadequate for commercial purposes. Councilmember Jaech inquired if Yellow/Plaza Cab was required to carry a certain amount of cover- age. City Attorney Scott Snyder said although the amount of insurance carried by the cab company met the requirements as set out in ECC Chapter 4.60, the requirements were originally set in 1977 and did not take inflation into consideration. He suggested that the Council approve the license renewal but refer the issue of insurance rates to one of the committees. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE ITEM (J) BUT REFER THE ISSUE OF INSURANCE REQUIREMENTS TO THE APPROPRIATE COMMITTEE. MOTION CARRIED. Council President Dwyer said the Public Safety Committee will address the insurance issue. AUDIENCE Mayor Naughten opened the audience portion of the meeting. Jeff Palmer, 17510 - 76th Ave. W., Chairman of the. Edmonds Planning Board, reported that the special Planning Board meeting held on January 24 was well attended and very constructive. He said he believed that the successes that the Board achieved in that meeting in combination with the outcome of the Council retreat will greatly benefit the City. Councilmember Dwyer inquired if the Board discussed the issue of how often it should meet with the Council. Mr. Palmer said members of the Board will be present next week when the Council discussed that issue. Natalie Shippen, 1022 Euclid, said she has heard the Council will be pressured to reconsider their decision on the 208th Street Urban Arterial Board project. She requested that if the Council reconsiders their decision, a public hearing is scheduled upon the condition that the Lynnwood City Council also review the issue subsequent to the Council's meeting so that Lynnwood will grasp an understanding of how some Edmonds citizens feel about cooperation on the part of the City. PRESENTATION OF COMMENDATIONS TO JIM AND ADAH BUTCHART AND BILL O'BRIEN Chaplain Ken Gaydos presented a brief video of a local news report regarding the incident which saved the life of Daniel Ito. Chaplain Gaydos introduced Jim and Adah Butchart and Bill O'Brien. Mayor Naughten read the commendation into the record recognizing the life-saving efforts of Jim and Adah Butchart and Bill O'Brien when acting quickly and administering CPR to two -and -a - half year old Daniel Ito due to a drowning incident. Mayor Naughten presented the commendation to Mr. & Mrs. Butchart and Mr. O'Brien. Chaplain Gaydos introduced Bob, Nancy, and Daniel Ito. Mayor Naughten presented Daniel with a replica of a ferry boat, noting its use was only for the bathtub. RECOGNITION OF RETIRING BOARD AND COMMISSION MEMBERS Mayor Naughten presented in plaques appreciation of past service to the following retiring Board members: Tom Snyder, Planning Board, 1985-1987; James Waymire, ADB, 1986-1987; Anne Wermus, Library Board, 1978-1987; Joanne Stevens, Sister City Committee, 1986-1987; Youth Activities Board , 1986-1987: Janice Falls, Andy Espirito, Chris Bader, Kristi Dale, and Kathi Bodgan. Mr. Snyder, Ms. Stevens, and Ms. Wermus were present at the meeting. ,l HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PREANNEXATION ZONING FOR DENNY'S AND r ARBY S RESTAURANTS AT 8425 and 8431 - 244TH ST. S.W. R-7-87/CITY OF EDMONDS Planning Division Manager Mary Lou Block reported that the Planning Board held a public hearing on November 25, 1987 to consider preannexation zoning for the land where Arby's and Denny's Restaurants are located on the corner of 244th St. S.W. and Highway 99. There is an annexation pending on the Denny's property. Ms. Block said the Planning Board recommends that the subject properties be designated CG (Gene- ral Commercial) upon annexation to the City. Ms. Block noted that a copy of the Planning Board Findings and Recommendation, a vicinity map, and the November 25, 1987 Planning Board minutes were included in the Council packets. Ms. Block said two public hearings are required in order to establish preannexation zoning. Staff recommends that the Council accept the Planning Board recommendation and set March 15, 1988 as the second date to hear this matter. Ms. Block indicated the location of the property in question via a vicinity map. Councilmember Hertrich noted that the Planning Board minutes reflect that existing signs will be grandfathered. He inquired if that would hold true for the rotating sign on Arby's proper- ty. Ms. Block replied affirmatively. She said any existing sign would be acceptable until such time that a proposal was presented to the City which significantly altered the building or other existing structures. Councilmember Hertrich noted that the Code prohibits rotating signs. City Attorney Scott Snyder said unless the City paid compensation for removal of the sign or utilized its nonconforming abatement procedure, the City must allow the sign to remain in place. He said the City's only option would be to adopt amortization schedules in order to phase signs out over a period of time. EDMONDS CITY COUNCIL MINUTES Page 2 FEBRUARY 2, 1988 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 R-7-87 SUBJECT TO THE FINDINGS OF FACT AND. CONCLUSIONS OF LAW OF THE PLANNING BOARD. Councilmember Jaech inquired if the motion included the scheduling of a second hearing. Councilmember Nordquist replied affirma- tively. MOTION CARRIED. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING SETBACK ADJUSTMENT AT 1104 - 12TH AVE. N. AP-20-87/APPELLANT: KEVIN SUYDAM / Councilmember Hall said she received a telephone call from a citizen prior to the appeal request- ing her to view the subject property, which she did. She said she came in contact with another citizen after leaving the property and spoke to her very briefly. City Attorney Scott Snyder inquired if Councilmember Hall expressed any opinion regarding the outcome of the appeal. Coun- cilmember Hall replied negatively. Councilmember Hertrich said he was contacted by a citizen before the appeal was filed and dis- cussed the issue that is presently before the Council. Mr. Snyder inquired if Councilmember Hertrich served on the Council at the time of that discussion. Councilmember Hertrich replied negatively. Mr. Snyder inquired if Councilmember Hertrich had, in the past, retained the attor- ney representing some of the neighbors in the matter presently before the Council. Councilmember Hertrich said he had employed Derrill Bastian in connection with a different issue. Councilmember Wilson noted that Gertrude Domenici is a patient of his. Mayor Naughten said he spoke with Mrs. Domenici, Mrs. Ralston, and Kevin Suydam. Mr. Snyder inquired if Mayor Naughten expressed an opinion regarding the outcome of the appeal. Mayor Naughten replied negatively. At the advice of Mr. Snyder, Mayor Naughten inquired if anyone in the audience objected to the participation of any Councilmember. No objection was noted. Assistant City Planner Duane Bowman reported that Kevin Suydam obtained a building permit on August 26, 1987..for a single-family residence located at 1104 - 12th Ave. N. On September 9, 1987, Mr. Suydam submitted a revised plot plan for the building. It was necessary to process a setback adjustment in order to build the revised plan. Mr. Bowman said Staff issued a preliminary approval of the setback, adjustment on September 23, 1987. Two appeals from neighbors were received. On October 29, a hearing before Staff was held and testimony taken. The neighbors objected to Mr. Suydam's request because of view blockage. Based on that testimony, Staff denied the setback adjustment. Mr. Bowman said Mr. Suydam appealed Staff's decision to the Hearing Examiner, and a public hearing was held on December 3, 1987. Based on evidence and testimony presented at that hearing, the Hearing Examiner denied the setback adjustment request. Mr. Suydam subsequently filed an appeal of the Hearing Examiner's decision. Mr. Bowman noted that the official file presented in the case had been available in the Council office. Mr. Bowman reviewed the location of the subject property on a vicinity map, as well as the pro- posed adjusted setback and building elevations. He noted that the proposed plan involved a revi- sion to allow a three -car garage with additional bedrooms located over the garage. Councilmember Hertrich inquired about the height- of the building and how that height was calculat- ed. Mr. Bowman said the height is approximately one foot under the 25 foot limit and was calcu- lated on the smallest rectangle to fit around the structure. Mayor Naughten opened the public portion of the hearing. Mark McKenzie, general contractor, representing Mr. Suydam, said his planned opening comments were similar to the Staff report. He requested that he be allowed to speak following public testimony. Don Ralston, 19810 Maplewood Dr., said the variance would impact his view. He said he felt Mr. Suydam's opinion with respect to how his home would be impacted was unwarranted because Mr. Suydam had never seen his home. Mr. Ralston also expressed concern that the requested adjusted setback may have future impact on an easement located on his property. Mr. Ralston submitted a letter to the City Clerk (marked Exhibit #1) outlining his objections to the variance, as well as a sketch of the structure in question. EDMONDS CITY COUNCIL MINUTES Page 3 FEBRUARY 2, 1988 Councilmember Dwyer asked Mr. Ralston what process he engaged in to determine that the proposed lot line adjustment would impact his view. Mr. Ralston said he asked the contractor to erect a pole before the house was constructed; reviewed the building plans; and has analyzed a portion of the house that has already been constructed. Derrill Bastian, 3500 - 188th St. S.W., Lynnwood, representing Gertrude Domenici, said Mrs. Domenici will be the party most affected by the proposed lot line adjustment because the struc- ture in question will be located between her house and Puget Sound. He said the existing struc- ture presently impacts a large percentage of her view and if the adjustment is approved, her view will be impacted to a greater degree.. Mr. Bastian noted that Mrs. Domenici's property is capable of being subdivided into four lots. He said she was concerned that her property may be landlocked from three sides in the future. Mr. Bastian requested the Council to uphold the Hearing Examiner's decision. Mr. McKenzie submitted three photographs to the City Clerk (marked Exhibit #2) depicting how the views of Mr. Ralston and Mrs. Domenici would be impacted, 24 photographs taken from the Ral- ston property (marked Exhibit #3), and a photograph taken from Mrs. Domenici's backyard (marked Exhibit N4). Councilmember Dwyer requested that Mr. Bastian and Mr. Ralston be given an opportunity to review the photographs. The City Clerk submitted the photographs to Mr. Bastian. Councilmember Hall inquired on whose property the rockery is located. Mr. McKenzie replied on Mr. Suydam's property. Councilmember Hertrich inquired if the applicant intended to expand the house and build higher if the setback adjustment was not approved. Mr. McKenzie said the structure will be constructed in accordance with the building permit that was issued if the setback adjustment is not approved and expanded over the pool area to provide additional bedrooms for Mr. Suydam's children. Mr. McKenzie said the structure would not necessarily be higher but would jet out in a full gable effect to accommodate the additional bedrooms and, thus, would eliminate more of the neighbors' view to the north. Gertrude Domenici, 19804 Maplewood Dr., said she allowed Mr. Suydam to construct a rockery that extends two feet onto her.property because she wanted to cooperate and be a good neighbor. She said Mr. Suydam assured her that she would be "able to see over his house". However, she said the best part of her view has been impacted. Mr. Bastian requested rehuttal since Mr. McKenzie had introduced new material. Mr. Snyder noted that State law requires that the neighbors are given an opportunity to respond only to the evidence that was presented, i.e., the photographs. Mayor Naughten inquired if Mr. Bastian wished to respond to the evidence. Mr. Bastian said Mr. Ralston wished to respond. Mr. Ralston said the evidence that was submitted was unsettling because the photographs were taken from his property without permission. lie noted that the structure would impact his view from several angles; however, the photographs were taken from only one angle. Mr. Ralston said the photograph of the structure that was built by Mr. McKenzie to depict the roof line was inaccurate because it does not go up to the top of the roof or across. - Mr. Bastian said the.pole depicted in the photograph was misleading. He said the structure will destroy a large percentage of Mrs. Domenici's view. Mr. Bowman clarified that the request was for a setback adjustment and not a lot line adjustment as was referred to several times throughout the hearing. Mayor Naughten closed the public portion of the hearing. Councilmember Dwyer noted that the testimony and evidence that was presented before the Council was basically the same testimony and evidence that was presented before Staff and the Hearing Examiner. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ADOPT THE INTRODUCTION, FINDINGS, CONCLUSIONS, AND DECISION OF THE HEARING EXAMINER. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 4 FEBRUARY 2, 1988 HEARING ON APPEAL OF HEARING EXAMINER RECOMMENDATION REGARDING PROPOSED 10 LOT SUBDIVISION_ AT v 1021 OLYMPIC AVE., INCLUDING TO STREET STANDARDS P-3-87/1-1AROLD'1IOPPER Assistant City Planner Duane Bowman reported that the Hearing Examiner conducted a public hearing on January 7, 1988 on the subdivision application,submitted by Harold Hopper for property located at 1021 Olympic Avenue. Mr. Bowman said the proposed subdivision involves 10 lots and a modification to the street stan- dards to allow 6 dwelling units to have access on a 25 foot wide easement instead of the normally required 30 foot wide easement. All of the proposed lots conform to the RS-12 zone district requirements. Mr. Bowman said the Hearing Examiner issued his report on January 26, 1988 recommending approval of the proposed subdivision subject to the conditions listed in his report. Mr. Bowman reviewed the Recommendations of the Hearing Examiner. Mr. Bowman said the key issues that were raised at the hearing before the Hearing Examiner were the question of access and the stream. Mr. Bowman indicated the location of the street on a vicinity map and the location of the proposed street modification. He noted that the applicant has identified an alternative access across lot #8, eliminating access to lot #10 from the exist- ing private easement. Mr. Bowman reviewed the location of the alternative access on the site plan. Councilmember Hertrich inquired about the width of the new proposed easement. Mr. Bowman replied 15 feet with 12 feet of pavement. Councilmember Hertrich inquired if. the easement was a private road. Mr. Bowman replied affirmatively. Councilmember Hertrich inquired if the roadways in that area may be dedicated to the City in the future. Mr. Bowman replied negatively. Mr. Bowman said the applicant proposes to install low-level lighting at each of the driveway entrances. In addition, the City has requested that two low-level lights be installed along the westerly property line of lot #1 to light the area of the public walkway to mitigate the tunnel effect. Councilmember Jaech inquired who would maintain the lighting along the walkway. Mr. Bowman replied the City. Councilmember Hertrich inquired if Mr. Bowman was aware of the rockery that was installed in the creek. Mr. Bowman replied affirmatively. Councilmember Hertrich inquired what Mr. Bowman's opinion was of the rockery. Mr. Bowman said issues involving the creek are addressed by Hydrau- lics Engineer Jerry Hauth and by the State Department of Fish and Game. lie noted that a hydrau- lics permit was issued. Councilmember Hertrich noted that item #3 of the permit indicated that the stream bank was to be planted with grasses and shrubs. He said the amount of gravel was not specified and requested that the Stream Team in Everett review construction of the stream bank before the Council granted final approval. Councilmember Hertrich inquired if the area adjacent to. the pathway was wide enough for emergency vehicles to access to the school. Fire Chief Jack Weinz inquired about the width. Mr. Bowman replied 10 feet. Chief Weinz responded to that question later in the hearing. Mayor Naughten opened the public portion of the hearing. Harold Hopper, 1021 Olympic Ave., said he had identified an alternative access via lot #8 in response to neighbors' concerns regarding access to lots #9 and #10, thus limiting access from the 25 foot easement to lot #9. He said the neighbors have expressed their approval of the alter- native access, as has the Planning Department. Mr. Hopper requested that the Hearing Examiner Recommendation be approved but include the above -mentioned modification. Ken Mattson, 725 Daley St., in response to Councilmember Hertrich's question regarding the stream, said the City defers all development requirements of streams to the Department of Fish and Game. He said a proposal of stream construction was submitted to Olympia and was approved. The plantings, he said, will be installed in the Spring of '88. Councilmember Hertrich inquired if Mr. Mattson was amenable to review of the stream construc- tion by the Stream Team to insure that the construction was done properly. Mr. Mattson suggest- ed that a representative of the Department of Fish and Game, as well as the Stream Team, meet with him on the site. City Attorney Scott Snyder requested Mr. Mattson to review and identify the copy of the permit that Councilmember Hertrich referred to, for the record. Mr. Mattson said the permit appeared to be a copy of the hydraulic project approval dated September 29, 1987. It was submitted to the City Clerk and marked as Exhibit #1. Katheryn McDowell, 1115 Olympic Ave., said she purchased her home in 1949. She said the trees did not exist at that time but have since grown and matured, and the stream was a channel EDMONDS CITY COUNCIL MINUTES Page 5 FEBRUARY 2, 1988 stream. Ms. McDowell said she was concerned about emergency access at the time that the proper- ty west of the stream was developed because the roads were narrow. Chief Weinz, in response to Councilmember Hertrich's question, said emergency access to the school behind Lot N1 was unnecessary because there was access from the east, west, and south. Jim Geddes, 927 Olympic Ave., said he had submitted a letter in opposition to the proposal but would like to withdraw that letter in support of the alternative access. John Potter, 925 Olympic Ave., was in support of the alternative access. Councilmember Jaech inquired if the proposal will create a public safety hazard near the path- way. Ms. Block said the low-level lighting will provide some security. She said, however, that she preferred that a fence was not constructed because it would exacerbate the tunnel effect. Councilmember Jaech inquired if the City could require that a mesh fence, rather than a solid fence, be constructed to mitigate the tunnel effect. Mr. Snyder stated that the City could im- pose that requirement as a mitigation measure of subdivision approval or could require an addi- tional setback. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ADOPT THE FINDINGS, CONCLUSIONS, AND COMMENTS OF THE HEARING EXAMINER WITH THE FOLLOWING ADDITIONS: 1) MODIFY THE PROPOSAL TO INCORPORATE THE ALTERNATIVE ACCESS TO LOT #10, AS PRESENTED BY MR. HOPPER; 2) CONSTRUCT A MESH FENCE, SUBJECT TO APPROVAL BY THE COMMUNITY SERVICES DIRECTOR; AND 3) FINAL APPROVAL BE CONTIN- GENT UPON STRICT COMPLIANCE BY THE APPLICANT WITH CONDITIONS OF MITIGATION MEASURES IMPOSED BY STAFF. Councilmember Dwyer said the third condition of the motion was an attempt to address Councilmem- ber Hertrich's concern regarding the stream. He said Mr. Mattson or Mr. Hopper may not be able to compel the Stream Team to meet with them, and it would be unreasonable for the City to impose a condition that they could not fulfill. MOTION CARRIED. 4 p 8 6epAJ'-/HEARING ON APPEAL OF ADB DECISION. REGARDING 84 UNIT APARTMENT BUILDING AT 7227 - 7397 210TH 4J _. S.W. AP-1-88 EDWARD REICH Planning Division Manager Mary Lou Block stated that the College Place area was annexed to the City in 1979 and zoning was established at RM-1.5 after careful review by the Planning Board and City Council. Street standards were also established at that time and were reaffirmed in the Bell -Walker report that was conducted in 1987. Ms. Block said the proposal before the Council requires the applicant to improve 210th and 74th, which includes 40 feet of paving, 2 travel lanes and 2 parking lanes, and sidewalks adja- cent to the subject property along both street frontages. Ms. Block reported that on November 4, 1987 and January 6, 1988, the Architectural Design Board (ADB) considered application ADB-88-87 of William S. Tsao for an 84 unit apartment complex, consisting of 5 residential buildings plus a recreation building, for property located at 7227 - 7397 210th St. S.W. On January 7, 1988, Edward T. Reich appealed the ADB's decision. His letter of appeal ex- pressed concerns about traffic, drainage, and the adequacy of streets and utilities to handle the proposed apartment. Mr. Reich also expressed concerns about the financing of needed public improvements and his fear that property owners in the subject area may be assessed for the cost of those improvements. On January 15 to 20, 1988, many other residents of the area filed form letters appealing the proposed project. They expressed concerns about traffic, a possible increase in crime rate, disruption of wildlife, and indicated that there were already enough apartments in the area. Ms. Block said many of the appellants' comments involve issues which were addressed in the envi- ronmental review of the project. Roads and utilities were reviewed and conditions were imposed by the Engineering Division. A Mitigated Determination of Nonsignificance (MONS) was issued on the project on October 27, 1987. No appeals of that action were received. Ms. Block noted that since the establishment of the ADB, it has been the policy of Staff to not recommend action on the design of buildings based upon the fact that the Board is composed large- ly of design professionals so Staff does not attempt to influence the Board's opinion or to later judge its decisions. EDMONDS CITY COUNCIL MINUTES Page 6 FEBRUARY 2, 1988 Ms. Block briefly reviewed the mitigating measures. Ms. Block then reviewed transparencies of a vicinity map of the College Place area (indicating the location of the subject property), site plan, landscape plan, and building elevations. Councilmember Hertrich inquired: 1) what roadways the residents of the apartment would utilize to travel to and from the complex; 2) if those roadways would accommodate future traffic. Ms. Block said the traffic will travel in several directions, with 212th being one of the service roads. She noted that the City has required that 74th be improved from 210th to 212th. Coun- cilmember Hertrich inquired if 212th would be adversely impacted by apartment traffic. City Engineer Bob Alberts said the City recognized that the College Place area was developing rapidly so it hired Bell -Walker & Associates to conduct a traffic study. The study revealed that the area would be impacted somewhat by development of the proposed project but traffic would travel on several roadways. Mr. Alberts said the study indicated a necessity for a traffic light at 72nd and 212th, 76th and 208th, and possibly a right -turn in, right -turn out onto 212th in the future. Councilmember Hertrich said he understood that the existing sewage line will not accommodate the increased usage. Mr. Alberts said the sewer line that will be installed by Snohomish County PUD will alleviate overflow problems. He noted that the developer has agreed to build holding tanks and a pump if the PUD system is not completed before the proposed project is. City Attorney Scott Snyder stated that the ADB ordinance is a device for reviewing design crite- ria and site criteria as they relate to the development of a piece of property and, to a very limited extent through the State Environmental Protection Act (SEPA), to off -site impacts. He noted that the subject property was zoned multi -family in the County and is consistent with the Comprehensive Plan of the City. He said the City's ability to deny a project in the context where its zoning is appropriate is very limited. Mr. Snyder suggested, because the zoning of the subject property is correct, that the Council review the criteria in the ADB ordinance and ad- dress its comments to the review criteria and not to whether or not multi -family housing is appro- priate in the area. He said the Council may wish to consider, once it has made a decision, wheth- er the matter should be reviewed by the Planning Board with the neighborhood residents. Mr. Snyder stated that the SEPA DNS had not been appealed.1 He noted that a recent case from the Washington Court of Appeals indicated that the Council has inherent authority to consider environmental impacts and to alter the conditions of mitigation imposed by Staff or to impose additional mitigations. Mayor Naughten opened tine public portion of the hearing. Edward Reich, 73165 - 210th S.W., expressed concern regarding traffic congestion in the Col- lege Place area. He inquired what roadways apartment traffic would utilize when travelling to and from the complex. Mayor Naughten reminded Mr. Reich that the issue of traffic was previous- ly reviewed and was not an issue before the Council, only the design decision of the ADB. Mr. Snyder noted that the Council may, at its discretion, review the mitigation measures that Staff imposed. Councilmember Hertrich inquired if Mr. Reich felt that the required road improvements would mitigate traffic congestion. Mr. Reich said 212th St. would be congested during peak hour traffic in the morning. He suggested that traffic lights be installed at the intersections. Mike Mastro, 5419 - 143rd, Bellevue, said he, the owner/developer, proposed to improve the road- way beyond the usual requirements and will contribute to the cost to install a traffic light in the future. He noted that a traffic study conducted on behalf of the applicant indicated that a traffic light was not necessary at the present time. Mr. Mastro clarified that the developer will pay all costs for street improvements. Councilmember Wilson said he felt the proposed project would be an eyesore. He expressed concern that a more aesthetically appealing design was not presented. Mr. Mastro said the design was redrafted to meet the standards and approval of the ADB. Carnell Martin, 7508 - 210th S.W., expressed concern regarding traffic congestion in tine vicinity of the proposed project. She said a traffic light was necessary to control traffic. Ms. Martin inquired if residents would be assessed the cost to enlarge the sewer line. Conmrunity Services Director Peter Hahn replied negatively. Joan Moore, 7326 - 210th St. S.W., submitted a letter to the City Clerk (marked Exhibit #1) and a copy of the an environmental checklist for the project with her comments notated (marked Exhib- it #2) Mr. Snyder requested that the applicant be provided a copy of the material. EDMONDS CITY COUNCIL MINUTES Page 7 FEBRUARY 2, 1988 Ms. Moore read the letter into the record as follows: "The following is a list of more reasons why we are appealing the decision made by the Architectural Design Board regarding File #ABD (sic) 88-87. It should be crystal clear by now that most of the surrounding neighbors don't want an 84 apartment complex built on the lot 7227 through 7397 - 210th Street Southwest. 1)The environmental checklist that is in the packet prepared by Tsao in September 8, 1986 is filed with false and misleading statement (sic). A copy is attached with corrections and the questions are marked in red". Ms. Moore read several of the questions into the record from the checklist as follows: "On the second page, 11, it says, 'Give brief complete description of your proposal including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to determine (sic) certain aspects of your pro- posal. Do you not need to repeat these answers on this page? Lead agencies modify this form to include additional specific information.' Okay. And it says, 'Proposed five building - two story with basement'. Ms. Moore said the plans made no reference to a basement. 'One cabana and related parking'. Ms. Moore said only the checklist refers to the structure as a cabana and other documentation refers to it as a recreation building and swimming pool. She inquired if the inclusion of a basement really proposed three stories rather than only two. She inquired where a basement and cabana was indicated on the plans. Ms. Moore continued to read from the checklist as follows: "12. Location of proposal. Give significant (sic) information for the person to understand the precise location of your project". She noted that the description indicated the location as the northeast corner of 72nd and 210th S.W. but the true location was the north- east corner of 74th and 210th. Ms. Moore continued to read from the letter as follows: 2) the letter of nonsignificance, dated October 27, 1987 directed to the Department of Ecology, was based on aforementional (sic) environmental checklist. Since the checklist is not accurate, the letter of nonsignificance is been --should be invalid". She inquired what the Council intended to do. "3) The environment cannot defend itself. Is it insignificant because you cannot get increased reve- nues from trees and animals? 4) We don't see how the Design Board could disapprove of their original plan ABD (sic) 74-86 which contained 84 units in 3 buildings and then turn around and approve the same 84 units but in 5 buildings and still all crammed into the same 4 lots. How can you explain the logic behind this change to approve? Doesn't the proposed sewer holding have to be ventilated, which means millions of particles of raw sewage and flammable gases will cause -- they will cause --will be floating around in the air for us to breathe". Ms. Moore inquired if the tax payers can be assessed the cost to improve the roadway in the fu- ture and the developer would be reimbursed. Mayor Naughten replied negatively. Ms. Moore said she spoke with a representative from Olympia who related to her that the checklist was worthless and that an Environmental Impact Statement (EIS) was more conclusive. She noted that an EIS was never conducted. In response to Ms. Moore's concerns, Mr. Mastro said the holding tank will be vented but will have a trap -like vent that will not allow fumes to rise. He said the ADB recommended that the design of the complex be increased from three to five buildings in order to reduce the mass of the structures in a residential setting. He said he did not believe an EIS was required for the project. Councilmember Jaech requested clarification of reference to a two-story building because she said it appeared from the drawings that the structure will be a three-story building. Ms. Block said the basement will be above the ground and is referenced as the first floor. Councilmember Jaech inquired if the proposed project complies with height requirements. Ms. Block replied affirma- tively. Councilmember Dwyer inquired if view blockage will be created by the third story. Ms. Block said she did not believe there was any scenic view from surrounding areas. Councilmember Dwyer re- ferred to Chapter 20.10.070 (C) (3) regarding height limits and view blockage. He inquired if the proposed structure has any relationship to a view. Ms. Block replied negatively. Mr. Snyder recalled that the subject area was part of the assessment of the Highway 99 Study, which determined that there was no significant view for that area. Councilmember Hertrich inquired what type of soil was found on the site. Ms. Block said she believed it was sandy loam. Councilmember Hertrich inquired if there are drainage problems in the area. Ms. Block said not to her knowledge. Councilmember Hertrich inquired about the dimensions and characteristic of the units. Mr. Mastro said they are approximately 900 square feet and are mostly one -bedroom apartments. Councilmember Hertrich inquired what type of clientele Mr. Mastro expected to attract. Mr. Mastro replied single-family households. He noted that the apartments will rent for approximately $500 so the units will not attract low-income dwellers. EDMONDS CITY COUNCIL MINUTES Page 8 FEBRUARY 2, 1988 Councilmember Jaech recommended that the hearing be continued to a future date to allow the Coun- cil to review the evidence that was submitted that evening. She inquired if the Council could continue the hearing to a future date without closing the hearing. Mr. Snyder said there would be no requirement to republish the hearing if it was continued, without closing it, to a date cer- tain. Mr. Snyder noted that the entire file has been available in the Council office for Council review and will remain there until the new hearing date, if the Council chose to continue the hearing. Councilmember Jaech inquired if the Council could request that additional information be present- ed to them if the hearing was continued. Mr. Snyder replied affirmatively. He said, however, both parties must be given an opportunity to address any additional information. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO CONTINUE THE HEARING TO FEBRU- ARY 16, 1988. Councilmember Dwyer inquired about the Council's position regarding issues to questions that arise that are not addressed in Chapter 20.10 Mr. Snyder said the development was subject to SEPA review and the Council, in making the underlying decision, must incorporate the SEPA factor as a part of 20.10.020, which refers to the fact that the development must be consistent with zoning ordinances and the Comprehensive Plan. He said if the Council feels that there is any significant environmental impact that has not been addressed by the mitigation measures, it could amend those measures or impose additional measures. MOTION CARRIED. Mr. Snyder inquired if the Council desired to allow the applicant to submit any references to any of the environmental documents that were already submitted. The Council replied affirmatively. Mr. Snyder suggested that a deadline for submittals be established. A February 11, 1988 deadline was established for submitting any additional information to the Council. SECOND HEARING ON PROPOSED SEWER RATE INCREASES Administrative Services Director Art Housler noted that the hearing was the last of the scheduled sewer rate hearings. Ile said the Council received an ordinance which is scheduled for adoption on February"16, 1988 to increase the rates on March 1, 1988. lie said there have been numerous discussions regarding the issue .and information is contained in the Facility Plan. Mayor Naughten opened the public portion of the hearing. No input was offered. Mayor Naughten closed the public portion of the hearing. HEARING ON HEARING EXAMINER RECOMMENDATION FOR STREET SETBACK VARIANCES FOR NEW SECONDARY SEWER THE TMENT PL NT AT 100 DAYTON ST. V- 3-87 CITY OF EDMONUS Planning Division Manager Mary Lou Block reported that the City of Edmonds selected the present site of the sewage treatment plant as the location for the new secondary wastewater treatment plant. Due to the limited site area, the specific need for certain improvements at the plant, and the fact that the site has three street setbacks, it was necessary to apply for setback vari- ances. The specific variance requests involve reducing the required street setbacks from Dayton Street, 2nd Avenue South, and SR 104 to as little as zero feet instead of the maximum required 20 foot setback. Ms. Block said the Hearing Examiner held a public hearing on December 17, 1987 on the variance request of the City to reduce the required street setbacks. No testimony was presented in opposi- tion to the application. The Hearing Examiner issued his report on January 8, 1988 recommending approval of the setback variances, subject to the conditions listed in his report. Councilmember Hertrich inquired if a sidewalk could be constructed if the setback was reduced. Ms. Block replied affirmatively. She said the sidewalk will be located in the public right-of- way. Councilmember Hall requested clarification of item N17 of the Hearing Examiner's Findings of Fact: "It is the intent of the City to continue to use the existing clarifiers...". Community Services Director Peter Hahn said the City will use the existing clarifiers unless something unforeseen occurred. Councilmember Wilson inquired how the entire treatment plant will be screened by a buffer, as referenced in mitigation condition #3, with a zero setback.. Ms. Block said screening will be provided in places where there is no facade. City Engineer Bob Alberts added that landscaping will be installed in the right-of-way. EDMONDS CITY COUNCIL MINUTES Page 9 FEBRUARY 2, 1988 Councilmember Ja.ech inquired if trees located on the site will be pruned so they do not exceed the height limitation. 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 DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ADOPT THE HEARING EXAMINER'S FIND- INGS AND RECOMMENDATION. MOTION CARRIED.. PROPOSED ORDINANCE 2655 ESTABLISHING 1988 BUILDING PERMIT FEES Community Services Director Peter Hahn reported that one year ago, the Council and Staff dis- cussed building permit revenues, expenditures, and fee levels. The Council adopted a policy, set in an ordinance, that fee levels should recover 100% of the actual costs for building permit activities. Those costs would not include other City costs such as management, City overhead, or attorney fees. The policy was to be phased in gradually. Mr. Hahn said the updated analysis indicates that recovery levels have fallen from the 1986 high level of 89% and were only 77% in 1987. He said those recovery levels are a result of Edmonds permit fees set at only 72% of the 1985 Uniform Building Code (UBC) levels. He noted that almost all other governmental agencies charge the full 1985 UBC fees. Mr. Hahn said it is recommended that the Council adopt a 1988 fee level set at 90% of the 1985 UBC fees. Councilmember Dwyer reiterated that he did not believe 100% recovery was necessary. He said the costs incurred are derived in the City's function to protect the public interest, as is police protection without recovering 100% of the costs. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO ADOPT THE 1988 FEE LEVEL SET AT 90% OF THE 1985 UBC FEES. MOTION CARRIED. COUNCILMEMBER JAECH NOTED THAT THE MOTION SHOULD INCLUDE ADOPTION OF ORDINANCE 2655. THE SECOND- ER AGREED. MAYOR Mayor Naughten noted that a position is available on the Tourism Committee for a Councilmember to fill. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER JAECH, TO NOMINATE COUNCILMEMBER KASPER TO SERVE ON THE TOURISM COMMITTEE. MOTION CARRIED. Mayor Naughten announced that Fire Chief Jack Weinz has served the City for twenty-five years. Mayor Naughten noted that Ed Huntley's retirement party, held on January 29, was well attended and everyone had a good time. Mayor Naughten reported that the Highway 99 Economic Development Council met on January 29, 1988. Mayor Naughten said a liquor license was pending for the food service for the Washington.State Ferry System and would be approved if no objection was noted. No objection was noted. � Mayor Naughten said the Edmonds Lions Club has requested that a sign of theirs be placed at the Jentrance to the City. Because an amendment to the Code would be necessary to install an off -prem- ise sign, the Mayor suggested that the issue be forwarded to the Planning Board for review. Mayor Naughten said a free Crime Prevention seminar is scheduled on February 27, 1988. .Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCIL - MEMBER HALL, TO EXTEND THE MEETING TO 10:10 P.M. MOTION CARRIED. COUNCIL Council President Dwyer suggested that the material he provided for an Executive Session be held over for discussion at the February 6, 1988 meeting due to the lateness of the hour. �'� Due to the presidential caucuses scheduled on March 8, 1988, COUNCIL PRESIDENT DWYER MOVED, SEC- ONDED BY COUNCILMEMBER HALL, TO RESCHEDULE TILE MARCH 8 COUNCIL MEETING TO MARCH 7. MOTION CAR- RIED. Council President Dwyer reminded the Council of the Budget Work Session scheduled on February 6, 1988. EDMONDS CITY COUNCIL MINUTES Page 10 FEBRUARY 2, 1988 Council President Dwyer inquired which Councilmembers desired to go to Hekinan, Japan in March. Other than Councilmember Kasper, no other Councilmember was available. ,yne� Council President Dwyer said the Council received a letter from the Edmonds Community College Board of Trustees requesting to meet with the Council. lie suggested that they meet on the March 29 work meeting. He recommended that the Council adopt a policy to meet with other interested groups several times a year on the fifth Tuesday of the month. The Council concurred. Council President Dwyer noted that the Economic Development Council (EDC) requested that the City fund their activities with an additional $7100. Mayor Naughten suggested the the EDC be allowed an opportunity to present justification for additional funding at a Council meeting. The Council C v� concurred. The meeting was scheduled on March 7, 1988. Council President Dwyer said he did not request the Council Assistant to prepare the minutes of the January 23, 1988 meeting. He inquired if any Councilmember wished to have those minutes prepared. The Council did not request the minutes. 4µJ�ouncil President Dwyer said Edmonds Community College has requested that the City help fund the trip to Japan for the Soundsations at a cost of $5,000. Councilmember Hertrich noted that the public has expressed a desire that the City not expend public funds for private organizations. COUNCIL PRESIDENT DWYER MOVE6, SECONDED BY COUNCILMEMBER JAECH, TO NOT EXPEND $5,000 FOR THE f 0-IT SOUNDSATIONS. MOTION CARRIED. Council President Dwyer noted that Exhibit #1, a letter from Ms. Moore that evening, was miss- ing. Ile asked everyone to look for the exhibit. The exhibit was not found, but Ms. Moore read the letter into the record and it is included in her testimony verbatim on page 8 of the minutes. Community Services Director Peter Hahn said COG has commenced a west corridor study. He suggest- ed that any Councilmember who was interested in serving on the Steering Committee make inquiries. Councilmember Hall inquired about the status of the restoration of the Dorchester Apartments. City Attorney Scott Snyder said they were convicted and given one year to comply. He said he would' report back to the Council on what date restoration was to be finalized. Councilmember Jaech said it was her understanding that the owner was given an opportunity to restate his case to the Hearing Examiner because the court felt that the new owners were not in title of the prop- erty at the time that the issue originated. The owners were then required, after a public hear- ing was held, to alter the parking .configuration in the back of the structure to accommodate additional stalls. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO EXCUSE COUNCILMEMBER KASPER'S ABSENCE. MOTION CARRIED. /"tom COUNCILMEMBER JAECH MOVED, SErONDED BY COUNCILMEMBER ABSENCEFROMTHE JANUARY19,1988COUNCILMEETING.MOT ON CARRIED. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCIL PRESIDENT DWYER, TO EXTEND THE MEETING. MOTION CARRIED. Councilmember Hertrich requested that Staff review the request of a citizen at a recent Council meeting regarding the conversion of apartment complexes in Edmonds to condominiums. The meeting adjourned at 10:20 p.m. These minutes are subject to February 9, 1988 approval. JACQUELINE G. PARRETT, City Clerk LARRY S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 11 FEBRUARY 2, 1988 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. FEBRUARY 2, 1988 CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF JANUARY 19, 1988 (C) AUTHORIZATION TO PURCHASE'REPLACEMENT MOTORCYCLE FOR POLICE DEPARTMENT ($6,800) (D) APPROVAL OF ADDENDUM TO SECURITY SERVICES AGREEMENT FOR STEVENS MEMORIAL HOSPITAL (E) FINAL ACCEPTANCE OF WORK COMPLETED AT 5TH AND WALNUT CORNER PARKS BY KLB CONSTRUCTION AND SET 30-DAY RETENTION PERIOD (F) AUTHORIZATION FOR MAYOR TO SIGN PERMIT WITH BURLINGTON NORTHERN RAILROAD TO SUPPLEMENT EXISTING PERMIT, FOR NEW STORM SEWER ADDITIONS (G) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF HEARING EXAMINER DECISION REGARDING SIDEWALKS AT 172ND S.W./72ND W. (AP-13-87/APPELLANTS: WALTER & KOLETA DASTIS) (11) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT FOR PUBLIC HEALTH SERVICE (1) AUTHORIZATION FOR MAYOR TO RE -EXECUTE PUD TRACTION RIGHT-OF- WAY EASEMENT .(J) RECOMMENDATION FOR APPROVAL OF TAXICAB RENEWAL LICENSE OF YELLOW/PLAZA CAB FOR 1988 2. AUDIENCE 3. PRESENTATION OF COMMENDATIONS TO JIM BUTCHART AND BILL O'BRIEN 4. RECOGNITION OF RETIRING BOARD AND COMMISSION MEMBERS 5. HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PREANNEXATION ZONING FOR DENNY'S AND ARBY'S RESTAURANTS AT 8425 AND 8431 244TH ST. S.W. (R-7-87/CITY OF EDMONDS) 6. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING SETBACK ADJUSTMENT AT 1104 12TH AVE. N. (AP-20-87/APPELLANT: KEVIN SUYDAM) 7. HEARING ON HEARING EXAMINER RECOMMENDATION REGARDING PROPOSED 10-LOT SUBDIVISION AT 1021 OLYMPIC AVE., INCLUDING MODIFICATION TO STREET STANDARDS (P-3-87/HAROLD HOPPER) B. HEARING ON APPEAL OF ADB DECISION REGARDING 84-UNIT APARTMENT BUILDING AT 7227-7397 210TH S.W. (AP-1-88/EDWARD RIECH) 9. SECOND HEARING ON PROPOSED SEWER RATE INCREASE• 10. HEARING ON HEARING EXAMINER RECOMMENDATION FOR STREET SETBACK VARIANCES FOR NEW SECONDARY SEWER TREATMENT PLANT AT 100 DAYTON ST. (V-33-87/ CITY OF EDMONDS 11. PROPOSED ORDINANCE 2655 ESTABLISHING 1988 BUILDING PERMIT FEES 12. MAYOR 13. COUNCIL 14. EXECUTIVE SESSION - LABOR NEGOTIATIONS (TIME PERMITTING) THE PUBLIC IS INVITED TO ATTEND (10 MINUTES) (10 MINUTES) (10 MINUTES) (30 MINUTES) (30 MINUTES) (45 MINUTES) (20 MINUTES) (15 MINUTES) (15 MINUTES) PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE