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03/15/1988 City CouncilTHESE MINUTES SUBJECT TO MARCH 29, 1988 APPROVAL EDMONDS CITY COUNCIL MINUTES MARCH 15, 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. All present joined in the flag salute. PRESENT Larry Naughten, Mayor Laura Hall Roger Hertrich Jo -Anne Jaech Bill Kasper John Nordquist Jack Wilson Martha Dubick, Student Rep. CONSENT AGENDA ABSENT STAFF Steve Dwyer, Mary Lou Block, Planning Div. Mgr. Council Pres. Jack Weinz, Fire Chief Peter Hahn, Comm. Svc. Director Dan Prinz, Police Chief Chris Beckman, Engineering Coord. Bobby Mills, Public Works Supt. Duane Bowman, Asst. City Planner Bob Alberts, City Engineer Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Items (B) and (D) were removed from the Consent Agenda. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCI.LMEMBER HERTRICH, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The ap- proved items on the Consent Agenda include the following: (A) ROLL CALL (C) REPORT ON BIDS OPENED MARCH 9, 1988 FOR REROOFING OF SOUTH COUNTY SENIOR CENTER AND AWARD OF CONTRACT TO EDMONDS ROOFING ($21,344.40) y (E) REPORT ON BIDS FOR REPAIR AND REPAINTING OF FIRE ENGINE AND AWARD OF CONTRACT TO HUNNICUTT TRUCK SHOP ($7,718.48) �� (F) REPORT ON BIDS OPENED MARCH 1, 1988 FOR SR 99 SEWER IMPROVEMENTS PROJECT .AND AWARD OF CONTRACT TO O'BRIEN & SONS ($314,586.36, INCLUDING SALES TAX) (G) ADOPTED ORDINANCE 2663 AMENDING EDMONDS TRAFFIC CODE APPROVAL OF MINUTES Of MARCH 7,,1988 (ITEM (B) ON THE CONSENT AGENDA] Councilmember Hall noted a typographical error beginning on page 3, paragraph 11, and throughout the remainder of the discussion of Mr. Thorensen's name. She said she was unsure how it was spelled and requested that the spelling be checked. The correct spelling is T-H-O-R-E-S-E-N. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE MINUTES AS CORRECTED. MOTION CARRIED. PROPOSED ORDINANCE ESTABLISHING SALARY RANGES AND SALARIES FOR EXEMPT PERSONNEL AND NONREPRESENTED NONEXEMPT PERSONNEL LITEM D ON THE CONSENT AGENDA Councilmember Kasper reiterated that he would not vote in favor of a cost of living increase of 172% over the last three years. COUNCILMEMBER HERTRICH MOVED, SECONDED 'BY COUNCILMEMBER WILSON, TO ADOPT PROPOSED ORDINANCE 2664. MOTION CARRIED WITH COUNCILMEMBER KASPER OPPOSED. AUDIENCE Mayor Naughten opened the audience portion of the meeting. P� Tom Walsh, 20415 - 81st Ave. W., requested the Council to consider allowing pygmy goats to be reclassified from farm animals to domestic animals. He wanted to own one as a family pet because he is allergic to cats. Mr. Walsh submitted a letter which stated, in essence, that pygmy goats are not really farm animals and can be differentiated from dairy goats in that their average size measures 16 inches in height; they are loyal to their owners and do not stray from home. Councilmember Hall inquired if the pygmy goat would be allowed in Mr. Walsh's home. Mr. Walsh replied affirmatively. He said they can be trained just like a dog or cat. Mayor Naughten inquired what procedure to undertake in making Code amendments. City Attorney Scott Snyder said the issue was governed by the animal control ordinance. He said he would draft an ordinance for the April 5 agenda and suggested that it be reviewed by the Public Safety Commit- tee. Mayor Naughten noted that Councilmember Dwyer and Mr. Snyder had requested that the agenda be revised to add an item that Mr. Snyder would explain. Mr. Snyder reported that the State Building Council disapproved the City's Ordinance 2661 (the landslide hazard ordinance) by a vote of 6 to 5 but said they would consider an amendment if received by April 1. The amendment has to do with citation sections of their code. He reminded the Council that the State Building Council declined to give an opinion to the City in November on the basis that the International Conference of Building Officials (ICBO) had issued its opinion and that they were going to adopt it. ICBO's opinion was that stability was an inher- ent requirement of the building code and not set forth in any section. Mr. Snyder said he draft- ed an ordinance for the Council's consideration. Mayor Naughten also noted that a request was received from Finis Tupper to continue his appeal of Item 5, Hearing on Appeal of Hearing Examiner Decision Regarding Sign Variance at 10119 Edmonds Way, to a future date because he would be out of town. Mayor Naughten inquired if the Planning Department contacted the applicant to ascertain if they were willing to extend the hear- ing date. Planning Division Manager Mary Lou Block said the applicant intended to be present that evening for the hearing. Nancy Brier, Texaco representative, requested that the hearing be heard that evening. Councilmember Hall said she understood that an appellant must be present for a hearing on ap- peal. Mr. Snyder noted that the Council has considered continuations in. the past. He said the matter was a discretionary decision for the Council to make, upon receipt of a written request for continuation, but it should be acted upon in the form of a motion. City Clerk Jackie Parrett said Mr. Tupper had called the office requesting a continuance of the hearing because he would be out of town. She requested him to submit a written request for con- sideration of the Council, and Mr. Tupper indicated that he would do so but the letter was not received. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER JAECH, TO CONTINUE THE HEARING TO APRIL 5, 1988. Councilmember Hall noted that requests for a continuation are customarily made by written re- quest. Mr. Snyder said the issue was whether or not the Council wanted to accept an oral request for the continuance. Council discussion ensued regarding the request to continue the hearing. A ROLL CALL VOTE WAS TAKEN. A TIE VOTE WAS MADE WITH COUNCILMEMBER HERTRICH, COUNCILMEMBER JAECH, AND COUNCILMEMBER NORDQUIST IN FAVOR; COUNCILMEMBER HALL, COUNCILMEMBER KASPER, AND COUN- CILMEMBER OPPOSED. MAYOR NAUGHTEN BROKE THE TIE VOTE BY VOTING IN FAVOR OF THE MOTION. MOTION CARRIED. Jay Starr, S & S Sign Co., said the matter must be reviewed by the Architectural Design Board but cannot be presented to them until the matter before the Council is resolved. He said a hard- ship will be placed on the business if the matter is delayed any further because they are operat- ing without a sign. In view of this hardship MAYOR NAUGHTEN CHANGED HIS VOTED TO NO. MOTION FAILED. Councilmember Hall inquired how to proceed. Mr. Snyder said the applicant will make his presenta- tion. He noted that the facts were not in dispute, and the issue was a matter of interpretation of the Code. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO PLACE ON THE AGENDA AS ITEM #10 DISCUSSION OF PROPOSED ORDINANCE AMENDING ORDINANCE 2661 (RELATING TO LANDSLIDE HAZARD AREAS) SPECIFYING STATE BUILDING CODE AMENDMENT SECTIONS. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 2 MARCH 15, 1988 SECOND HEARING AND ADOPTION OF RDINANCE 2665 RELATING TO PLANNING BOARD RECOMMENDAT - L'+Vln ai. J. MI. K-/- 8 3 - 244TH ST. S.W. 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 the Arby's and Denny's Restaurants are located on the corner of 244th St. S.W. and Highway 99. There is an annexation currently pending on the Denny's property. The Planning Board recommends that the subject properties be designated CG (General Commercial) upon annexation to the City of Edmonds. Ms. Block said the City must conduct two hearings in order to establish preannexation zoning. The Council held their first required hearing on February 2, 1988. Ms. Block noted that a copy of the Planning Board Findings and Recommendations, the minutes from the November 25, 1987 Planning Board meeting, a vicinity map, and the minutes of the February 2, 1988 City Council meeting were included in the Council packets. Ms. Block said it is Staff's recommendation to adopt the ordinance establishing the preannexation zoning and that the Council give approval to annex the Denny's property into the City of Edmonds. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO ADOPT ORDINANCE 2665 ESTABLISHING PREANNEXATION ZONING AND THAT THE COUNCIL GIVE APPROVAL TO ANNEX THE ARBY'S AND DENNY'S PROP- ERTY INTO THE CITY OF EDMONDS. City Attorney Scott Snyder noted that State law requires that a public hearing be held. THE MOTION AND SECOND WERE WITHDRAWN. Mayor Naughten opened the public portion of the hearing. No input was offered. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO ADOPT ORDINANCE 2665 ESTABLISHING THE PREANNEXATION ZONING AND THAT THE COUNCIL GIVE APPROVAL TO ANNEX THE ARBY'S AND DENNY'S PROPERTY INTO THE CITY OF EDMONDS. MOTION CARRIED. Q HEARING TO REVIEW FUNDING OPTIONS FOR 208TH ST. UAB PROJECT iph Community Services Director Peter Hahn reported that the City received a considerable amount of support for the project at the February 16, 1988 public hearing and written support by the School District, PTA, parents and students since the request first came to the Council on January 17, 1988. Loren Sand, Assistant Public Works Director, City of Lynnwood, said the City of Lynnwood is requesting that the City of Edmonds participate in the UAB project for improving 208th St. S.W. and the installation of a signal at 76th Ave. W./208th St. S.W. The City of Edmonds' share, based on preliminary estimates, is $80,000 to $90,000, or 6% of the total project cost of $1,500,000. Mr. Sand said the key elements of the project include: construction of a sidewalk on both sides of the street; a new traffic signal at the intersection of 76th and 208th; in- creasing the roadway width with. curbs and gutters; improving the sight distance by eliminating some humps and valleys in the street; and providing left -turn lanes and additional street lights. Mr. Sand said because two cities are involved, an interlocal agreement must be formed; a design consultant retained; value engineering completed; UAB funds secured; and local funding final- ized. He said the project will take approximately two years to complete, commencing in 1988. Mr. Sand said the benefits of the project include: improved pedestrian safety; improved traffic safety; completion of an arterial link between Highway 99, 68th, and 76th; and available UAB funding. Councilmember Jaech inquired if a possibility existed that the UAB grant may be unavailable. Mr. Sand replied negatively. He said the grant would only be lost if an interlocal agreement was not formed. Councilmember Wilson inquired about improvements to the other end of 208th St. Mr. Sand said the project will include improvements to the traffic signal at 68th and 208th, and it is antici- pated that 68th will be realigned in a westerly direction from Highway 99 to establish a further gap between the two traffic signals. Mayor Naughten recognized Mayor Hrdlicka, City of Lynnwood, in the audience. EDMONDS CITY COUNCIL MINUTES Page 3 MARCH 15, 1988 City Engineer Bob Alberts reviewed possible funding options with the Council as follows: 1) $25,000 - 1988 Arterial Street Fund/$10,000 - 1989 Arterial Street Fund allocation; 2) form an L.I.D.; 3) utilize Federal aid monies; 4) General Fund; 5) trade options: swap for Lynnwood participation in SR 99 sewer project ($30,000); surplus of City surplus parcel next to Lynnwood plant ($20,000); charge Lynnwood treatment plant wholesale rates rather than retail water rates for one year ($35,500). He said Staff recommends the following funding sources: 1988 Arterial Street Fund ($25,000); swap for Lynnwood participation in SR 99 sewer project ($30,000; surplus. of City surplus parcel next to Lynnwood plant ($20,000); 1989 Arterial Street Fund allocation ($10,000) totalling $85,000. Mayor Naughten opened the public portion of the hearing. Mayor Hrdlicka, City of Lynnwood, urged the Council to participate in funding of the project and appealed to the cooperative spirit of the Edmonds City Council. He said the project is a communi- ty project and will benefit the School District, Performing Arts, the City of Lynnwood, and the City of Edmonds. Mayor Hrdlicka said the welfare of South County was dependent upon the cooperation of local gov- ernments. He noted that the City of Lynnwood provides, at the request of Edmonds, fire protec- tion to north Edmonds. Mayor Hrdlicka noted that the City previously received a UAB grant to install a signal at 208th St. S.W. and 76th Ave. W. based on traffic volume warrants. However, the project was delayed on two separate occasions due to the anticipated project on 208th St. S.W. by the City of Lynnwood. Pat Eldridge, 7717 - 200th S.W., co -President for College Place Middle School Parents Club, urged the Council to take into consideration the safety of the children who live near the school when making their decision. She said the existing flashing yellow light at College Place Elemen- tary School does not effectively control traffic. Ms. Eldridge referred to an article in the Enterprise stating that Councilmember Hertrich voted against funding the project because Lynnwood would derive more benefit from the project and can better afford the cost of improvements. She said that sort of reasoning was not conducive to a good neighbor attitude. Ms. Eldridge inquired why the City Council hires professionals but does not act on their recom- mendations. She said Mr. Alberts and Police Chief Prinz both endorse the project; yet, the Coun- cil listens to the advice of Councilmember Wilson to not proceed with the project. She noted that Councilmember Wilson's office is near the intersection of 76th and 208th and would be greatly affected by an L.I.D. She inquired why Councilmember Wilson continues to participate in the discussions when he cannot render an objective opinion. Ms. Eldridge requested that Coun- cilmember Wilson not participate in the vote that evening. Councilmember Wilson stated that he was legally empowered to participate and vote on the issue. At the request of Councilmember Jaech for Mr. Snyder to expound on the issue regarding the partic- ipation by Councilmember Wilson, Mr. Snyder stated that the only conflict of interest that would prohibit a Councilmember from voting on a legislative decision would be the letting of a contract in which a Councilmember was directly interested in. He said expressing an opinion, having prejudgmental bias, or any of the other rules relating to quasi-judicial decisions were not appli- cable to the decision before the Council at the present time. He noted that Councilmember Wilson had raised that issue with him several weeks ago out of sensitivity to the public's concerns. Steve Bodnar, 18000 - 67th Ave. W., Principal of College Place Elementary School, said staff members and parents wholeheartedly support the proposed traffic revisions. He said the flashing yellow light does not effectively control traffic. He believed the installation of a traffic signal at 76th and 208th would greatly improve the safety of the children, as well as traffic control. He submitted a letter of support with signatures of twenty teachers (marked as Exhibit #1) to the City Clerk. Mr. Bodnar said the City has an opportunity to take advantage of UAB funding and, thus, benefit the community. Charlotte Johnson, 20415 - 80th Ave. W., said she is an adult crossing supervisor during the morn- ing hours at the elementary school. She said the cars do not heed the flashing yellow light. Ms. Johnson said the safety of the children was the primary concern. Ms. Johnson noted that a friend of hers, a patient of Councilmember Wilson's, told her that exit- ing his business with a left turn at 5 p.m. was very difficult because of traffic congestion. EDMONDS CITY COUNCIL MINUTES Page 4 MARCH 15, 1988 Councilmember Hertrich inquired where a majority of the school children cross the street. Ms. Johnson replied between 206th and 207th at the flashing yellow light. Robert Ramborger, 20512 - 80th W., said he takes his daughter to school in the morning so she will not have to cross at the crosswalk. He said cars do not obey the flashing yellow light. Mr. Ramborger said he felt a traffic signal would help control traffic. He noted that one of the students was hit by a car last year while crossing at the crosswalk. Natalie Shippen, 1022 Euclid, said it was her opinion that Lynnwood should fund the project en- tirely because it is primarily a Lynnwood project and has been a high -priority item for that city. She said there has been no agreement between the two cities by city officials for Edmonds to fund a portion of the project, although staffs may have had an understanding. Ms. Shippen said the 1987 Edmonds Street Inventory Study did not rank 208th St. on the arterial list or as a high -priority item. Ms. Shippen noted that Mayor Hrdlicka serves on the UAB and is very effective in "getting what he wants". She said Lynnwood can afford the project because it has a large revenue base from its sales tax, while Edmonds has other projects to consider. She said the only argument for Edmonds to participate in the funding was that a small portion of the improvements lie within City lim- its. She noted, however, that other cities have funded regional development projects in other towns, i.e., Edmonds contributed $600,000 to the Meadowdale Playfield project. She suggested that Edmonds fund the project with $13,000 for 208th Street improvements and that Lynnwood contribute $77,000. Ms. Shippen reminded the Council that at the time Edmonds levied a tax to fund the Meadowdale project, Mayor Hrdlicka asked the Lynnwood Council to pay off the G.O. bond in advance so Lynnwood residents would not be burdened with further payments. Ann Foley, 15303 - 62nd Pl. N.E., Bothell, Principal of College Place Middle School, said she was strongly in favor of a traffic light near the school. She said she witnessed an accident at the street crossing and a student was clipped by a passing car recently. Ken Reid, 20125 Maplewood Dr., President of South County Chamber of Commerce,. said he was asked by the Board to support the project. He said the Board would like to urge the Council to set an example of intergovernmental cooperation and agreement, not disagreement. Jeff Palmer, 17510 - 76th Ave. W., said he was an advocate of a successive approach to signalization in the City, as well as preserving the free flow of traffic north and south on 76th. Mr. Palmer questioned the benefits of an L.I.D. to residents on 208th. He requested the Coun- cil to carefully consider that funding option before adopting it. Mr. Palmer said in spite of his reluctance concerning traffic signals, the evidence that has been presented to date indicates that the benefits of the project outweigh the drawbacks. * Because of a concern raised by Councilmember Hertrich regarding the installation of a traffic light versus street improvements, Mr. Sand noted that UAB funding was available for road improve- ments and that signalization can and will be included as part of the project. Councilmember Hertrich inquired if parents have requested the City of Lynnwood to fund a greater portion of the project than is proposed. Mr. Sand replied negatively. Mr. Hahn noted that the City has includ- ed in its plans for the College Place area widening of 208th from the time it was annexed. Councilmember Hertrich inquired why that improvement was not classified in the Street Inventory as an arterial so that funding could be applied for. Mr. Hahn stated that 208th is included in the Federal Classification System, which makes it eligible for Federal aid, as well as UAB mon- ies. He noted that 208th was inadvertently placed in the wrong classification in the Street Inventory Study. Mr. Alberts said the purpose of the study was not to classify streets but to identify the costs associated in repairing existing streets. Mayor Hrdlicka, in response to Ms. Shippen's statements, said a member of the UAB may vote for but cannot support any project presented for his/her own city. He emphasized that the project was selected from forty-eight other projects to receive UAB funding based primarily on safety measures. Mayor Hrdlicka said Lynnwood has participated in numerous Edmondsprojects in the past. He said he went to Olympia to speak on behalf of the City of Edmonds for the Brackett's Landing project. Mayor Hrdlicka said he was interested in the development of the County as a whole. He urged Edmonds to be more broad-minded. Mayor Naughten closed the public portion of the hearing. * See Council Minutes of April 12, 1988. EDMONDS CITY COUNCIL MINUTES Page 5 MARCH 15, 1988 COUNCILMEMBER KASPER MOVED TO APPROVE THE PROJECT AND PROVIDE MATCHING FUNDS AS PROPOSED BY STAFF. MOTION FAILED FOR LACK OF A SECOND. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE PROJECT FOR 208TH STREET, WHICH INVOLVES A TRAFFIC LIGHT AT THE INTERSECTION OF 208TH AND 76TH, WITH THE PROVI- SO THAT THE CITY OF EDMONDS HAS AN EQUAL RIGHT OF APPROVAL OR REJECTION IN EVERY ASPECT OF THE PROJECT, TO BE FUNDED AS FOLLOWS: UTILIZE $13,000 THAT WAS BUDGETED FOR 208TH STREET; $20,000 SURPLUS OF CITY SURPLUS PARCEL NEXT TO LYNNWOOD PLANT; WHOLESALE WATER RATES FOR LYNNWOOD AT $35,000; $25,000 FROM THE 1988 ARTERIAL STREET FUND, WHICH CALCULATES TO $93,000 MINUS $3,000 FOR A TOTAL OF $90,000. Councilmember Wilson prefaced the motion by stating that he believed that Mayor Hrdlicka was correct in saying that the cooperation of local governments in South County should transcend the needs of individual cities and because testimony indicated community support. Mayor Naughten said he was convinced that the project was necessary. He complimented Councilmem- ber Wilson for the responsible motion that he made. Councilmember Hall inquired if the swap for Lynnwood participation in the SR 99 sewer project was included in the motion. Councilmember Wilson said he understood that was offered. Councilmember Hall, although in favor of the motion, expressed concern regarding the dollar trans- lation for the swap for Lynnwood participation in the SR 99 sewer project. She also expressed concern that signalization at 76th, 212th, and 208th will be synchronized so closely that a traffic hazard will be created. She requested that additional information be submitted to the Council and the College Place area be reviewed by the Planning Board. Councilmember Jaech was opposed to utilizing Water/Sewer Funds for the project. She suggested that the $30,000 that was budgeted for the light, $5,000 for the street, and $20,000 from the surplus City property be utilized. She inquired if the remainder of the monies could be funded from a source other than the Water/Sewer Fund. Mr. Hahn noted that the surplus City property was appraised in 1983 between $5,000 and $50,000, depending upon buildability. He noted that the balance in Fund #112 was available. Councilmember Nordquist inquired if the surplus City property was owned by the City free and clear. Mr. Hahn said he believed so. Councilmember Hertrich was also opposed to utilizing monies from the Water/Sewer Fund for street projects. He said he had encouraged the City of Lynnwood to fund the project to a greater degree at a previous hearing because 208th Street was not identified as a high -priority item in the Street Inventory Study. He recommended that the City contribute funding on a smaller scale, not utilizing the Water/Sewer Fund. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO AMEND THE MOTION TO FINANCE THE PROJECT WITH $30,000 THAT WAS BUDGETED FOR THE SIGNAL, $5,000 FOR WIDENING OF THE STREET, $20,000 FROM THE SURPLUS CITY PARCEL NEXT TO THE LYNNWOOD PLANT WITH THE PROVISO THAT AN APPRAISAL IS CONDUCTED, AND THAT ADDITIONAL FUNDS NEEDED BE DERIVED FROM THE STREET ARTERIAL FUND #112. MO- TION CARRIED. MAIN MOTION, AS AMENDED, CARRIED. The meeting recessed at 8:30 p.m. and reconvened at 8:41 p.m. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING SIGN VARIANCE AT 10119 EDMONDS WAY �.E. AP-3-88/V-39-87 APPELLANT/FINIS TUPPER - APPLICANT/TEXACO INC. City Attorney Scott Snyder supplemented his earlier remarks by stating that a hearing on appeal is considered a de novo hearing and the original applicant must present evidence. In the past when an applicant/appellant did not appear at a hearing, he/she could not prevail because they could not present evidence to sustain their burden of proof. However, in this case, the appel- lant was not the applicant. Mr. Snyder urged the Council to proceed with the hearing. Planning Division Manager Mary Lou Block reported that the Hearing Examiner conducted a public hearing on January 21, 1988 on the sign variance request of Texaco, Inc. to allow the gasoline pump island canopy to be used for calculating sign area for the self-service gas station at 10119 Edmonds Way. Ms. Block noted that the sign code requires sign area to be calculated on the lineal "building" frontage of a business. By strict interpretation of the Code, the attendant booth is the only "building" on the subject property, which would only allow a 16 square foot sign for the busi- ness. Since the pump island canopy does not have walls, it is not considered a "building" and, EDMONDS CITY COUNCIL MINUTES Page 6 MARCH 15, 1988 therefore, cannot be used to calculate sign area. The applicant argued that while the canopy is not a "building", it is the logicalstructure from which sign area should be calculated because it is the primary structure used by the public. Ms. Block said the Hearing Examiner issued his decision on February 9, 1988 to grant the variance request. On February 18, 1988, Finis Tupper filed an appeal seeking to overturn the Hearing Examiner's decision. Ms. Block said it is Staff's recommendation to uphold the Hearing Examiner's decision. Ms. Block reviewed the Hearing Examiner's Conclusion N3 as follows: "Special circumstances exist for the granting of a variance, including the deed restrictions limiting the size of the building on site. Another special circumstance is that the building, an attendant building, is not the main source of business for the gas station. The pump island canopy is the main source of busi- ness and can be considered the main public entrance into the business". Ms. Block then reviewed the Hearing Examiner's Decision as follows: "Based upon the preceding Findings of Facts and Conclusions, the testimony and evidence submitted at the public hearing, and upon the impressions*of the Hearing Examiner at a site view, it is hereby ordered that the applicant shall be allowed a variance to calculate the maximum sign area by using the pump island canopy on site instead of the attendant booth. This variance is granted subject to the following conditions: 1) the maximum sign area shall not exceed 51 square feet; 2) all signs must be ap- proved by the Architectural Design Board; 3) a sign permit is required from the Building Divi- sion; 4) the current freestanding price sign must be removed; 5) the maximum sign area for a freestanding sign shall be 24 square feet". Ms. Block reviewed the Hearing Examiner's Comments as follows: "This case presented a unique problem. Because of deed restrictions, the applicant cannot build a larger building on site. Had there been no deed restrictions, the applicant would be able to build a small building to house a convenience store for the gas station. If that were the situation, the applicant would not need a variance because the building would be of sufficient size to adequately satisfy the maximum sign needed to advertise the applicant's products. However, that is not the case. The applicant is restricted to the small attendant booth on site; thus, 'the main .public entrance has to be considered the gas pump canopy. Customers come to the business for the purpose of getting gas at.the gas canopy. If an attendant is out of the attendant booth, customers have no need whatsoever to go to the attendant booth. The only function the attendant booth serves is a cen- tralized location for the money collected on site and the protection of the attendant from the elements. The main service of this subject property is gasoline, which is provided at the gaso- line pumps under the canopy. Accordingly, the variance is warranted. The applicant can consider the canopy for dimension calculations for the sign advertising Texaco products". Ms. Block noted that the appeal did not involve controversy regarding Code requirements and the actual facts but, rather, Code interpretation of what constitutes a "building". Assistant City Planner Duane Bowman indicated the location of the access point to the canopy via a transparency of a plot plan. Councilmember Kasper inquired why the canopy was not considered a building. Ms. Block said it is considered a building. She said, however, the sign area is measured along the lineal wall and the canopy has no walls. So while the canopy falls within the category of a building, it does not include a wall by definition. Councilmember Nordquist inquired if the sign adjacent to the street frontage will contain the words "Texaco". Ms. Block replied affirmatively. Mr. Bowman said the existing sign is 24 square feet. The additional signage, proposed to be located on the canopy, will expand the total sign area to 51 square feet. Councilmember Hertrich inquired if the canopy existed four years ago. Mr. Bowman replied affirma- tively. Mayor Naughten opened the public portion of the hearing. Jay Starr, S & S Sign Company, representing Texaco, 6251 N.E. 159th, Bothell, said the pro- cess to install a new face on the existing sign has been ongoing for approximately 5 months be- cause of the necessity for a variance. Mr. Starr reviewed blueprints of the proposed signage to the Council. EDMONDS CITY COUNCIL MINUTES Page 7 MARCH 15, 1988 Councilmember Hertrich inquired if the deed restriction limited the type of product, i.e, grocery items, that could be sold on site. Mr. Starr said groceries cannot be sold on site. Council - member Hertrich inquired if a larger building could be built to sell non -grocery items, such as videos. Mr. Starr said he did not believe so. Councilmember Hertrich inquired if Texaco was precluded from constructing a larger building on site. Mr. Starr said the lot was very restric- tive and would not accommodate a larger building. Nancy Brier, 921 First West, Seattle, Texaco representative, said she understood that a conve- nience store was not allowed on site; the lot was so restrictive in size that a larger building could not be constructed. Councilmember Hertrich inquired if the allowable square footage of a sign has ever been calculat- ed by the dimensions of a canopy rather than a building. Mr. Bowman replied negatively. Councilmember Hertrich inquired if the Code defined a canopy as a building. Mr. Snyder said the Code does refer to a canopy as a building. He said, however, the Code defines the permissible sign area in terms of the length of the wall facing the street. Councilmember Hertrich inquired if the canopy could be defined as having a wall. Mr. Snyder said a wall is not defined in the Code. He suggested that the Council determine whether or not the physical configuration of the canopy (the lack of a wall) was a special circumstance or fits the variance criteria. He ex- pressed concerns that the Hearing Examiner did not cite a subcategory of the variance criteria which states that special circumstances do not include actions of the owner or prior owners. He noted that a deed restriction is a restriction placed on land by an owner in the course of trans- fer.. He said he had reservations regarding the granting of a variance based upon a self-imposed hardship. Jeff Palmer, 17510 - 76th Ave. W., noted that the appeal request was based on the deed restric- tion. Mr. Palmer said, however, the Hearing Examiner cited the existence of other special circum- stances in his Conclusion and, thus, satisfies the criteria to render a decision of favor of the applicant. . Councilmember Jaech inquired how much the sign located in the island would exceed Code require- ments if a variance was not granted. Ms. Block said total allowable sign area for the site was 16 square feet and the existing sign was 24 square feet. Councilmember Hertrich inquired what the main entrance to the building was considered to be and where business transactions took place. Mr. Snyder said the Code does not set up that criteria. He said that issue was a finding of fact to be made by the Council. Mayor Naughten closed the public portion of the hearing. Councilmember Nordquist reminded the Council that it has been the Council's policy to reduce the height and size of signs throughout the City. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER JAECH, TO REOPEN THE PUBLIC PORTION OF THE HEARING. MOTION CARRIED. Councilmember Hertrich inquired about the height limit of signs on a structure in a BN zone. Ms. Block replied 14 feet. Councilmember Hertrich inquired if the fascia of the subject building was 14 feet. Ms. Block said it was 14 feet to the bottom of the sign. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER HALL, TO REOPEN THE PUBLIC PORTION OF THE HEARING. MOTION CARRIED. Mr. Snyder said he understood that height limits applied to freestanding signs. He noted that if the fascia was considered a wall, the sign could be located on the fascia as long as it did not extend above the highest point of the wall or roof. Mr. Starr said he has observed that many signs throughout the City exceed height limits. Mayor Naughten closed the public portion of the hearing. Councilmember Hall said because of the lack of definition in the Code. the signage should be allowed and the lack of Code provisions be addressed at a later date by the Planning Board. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO UPHOLD THE HEARING EXAMINER'S DECISION. EDMONDS CITY COUNCIL MINUTES Page 8 MARCH 15, 1988 Councilmember Jaech said she would vote against the motion because a deed restriction cannot be considered as a special circumstance, as interpreted by the Hearing Examiner. A ROLL CALL VOTE WAS TAKEN. A TIE VOTE WAS MADE WITH COUNCILMEMBER HALL, COUNCILMEMBER KASPER, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER HERTRICH, COUNCILMEMBER JAECH, AND COUNCILMEMBER NORDQUIST OPPOSED. MAYOR NAUGHTEN BROKE THE TIE VOTE BY VOTING IN FAVOR OF THE MOTION. MOTION CARRIED. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING EXISTING DECK AT 9308 - 216TH S.W. AP-4-88/V-37- APPELLANTS: JOSEPH AND CANDIS SAMIONE Assistant City Planner Duane Bowman reported that the City received a complaint in September of 1987 regarding a deck at 9308 - 216th St. S.W. It was subsequently discovered that no building permits were ever issued for the deck and that the deck was built too close to the west property line. Mr. Bowman said the property owner filed a variance application to legalize the setback encroach- ment. On January 21, 1988, the Hearing Examiner held a public hearing on the variance request. The Hearing Examiner issued his decision on February 3, 1988 denying the variance request. On February 18, 1988, Reid Shockey, acting on behalf of the applicant, filed an appeal seeking to overturn the Hearing Examiner's decision. Mr. Bowman said it is Staff's recommendation to uphold the Hearing Examiner's decision. Mr. Bowman indicated the location of the deck in question via a transparency, noting that it is required to be set back 7-1/2 feet from the property line. He said it was built in 1980, and it was the Samiones' understanding that a permit was not necessary. Mr. Bowman said the closest point of encroachment is approximately 1 ft. 3 inches from the property line. He said a fence screened the deck at one time from the Gross's property but has since fallen. The Grosses were not aware of the proximity of the deck to the property line until the fence was taken down. The deck stands approximately 3 ft. high. Councilmember Hertrich inquired about the height of the preexisting fence, the ownership of the fence, and the reason the fence was removed. The appellants' representative, Reid Shockey, an- swered that question later in the discussion. Councilmember Nordquist inquired about the location of the property line. Mr. Bowman said there is evidence of fence pole holes and a line of sighting where the fence went down. Councilmember Nordquist inquired about the accuracy of the property line. Mr. Bowman said he was not sure of the exact boundary line. Mayor Naughten opened the public portion of the hearing. Reid Shockey, 2907-1/2 Hewitt Ave., Everett, said the person that built the deck was a relative of the Samiones' and had told them that a building permit was not required in the State that he recently moved from and advised the Samiones that a permit was not necessary to construct the deck. In response to Councilmember Hertrich's questions, Mr. Shockey said the fence was owned by the Samiones and was partially blown over. Mr. Samione removed the fence with the intent of replacing it. Mr. Shockey said the Samiones were not aware that the deck was in violation of the Code until the City contacted them. Mr. Shockey said the deck is approximately 14-1/2 feet from the corner of the Gross' house. He said it is the applicant's position that there is no injury to the Gross's because the separation of 14-12 feet is greater than what the separation would have been if the Gross's were getting maximum utilization of their side yard and the Samiones maximum utilization of theirs. He noted that Staff, as well as the Hearing Examiner, found no conflict with the Comprehensive Plan or the zoning ordinance. Mr. Shockey said the deck does not constitute a major violation which will require drastic measures to be taken by the City in forcing the Samiones to reduce the square footage of the deck. Mr. Shockey said the Samiones would like to reconstruct the fence in the form of a 6 foot screen along the perimeter of the deck. He said the screen may be more aesthetically appealing than simply reducing the deck size because the fence will screen the deck from the Gross's view. Councilmember Hertrich inquired if an agreement was reached between the Samiones and the Gross- es in resolving the situation. Mr. Shockey replied negatively. He said Mrs. Samione has at- tempted to contact the Grosses but has been unable to reach them. EDMONDS CITY COUNCIL MINUTES Page 9 MARCH 15, 1988 Pat Gross, 9316 - 216th S.W., said he has lived in his home for 18 years. He said a fence has been in existence for that length of time and has been considered as the boundary line between the two properties. He said the fence blew down in July of 1987. Mr. Gross said the Samiones' property was excavated to build the deck.. As a result, water drains from their property onto to his property. Mr. Gross said the deck is located approximate- ly 3 inches from the property line. Mr. Gross said he has never been approached by the Samiones to discuss a solution to the prob- lem. He noted that his wife is home all day. Councilmember Hertrich inquired if Mr. Gross would object to the deck if a fence was constructed as it existed in the past. Mr. Gross said he would not object if a 6 foot solid fence was con- structed the full length of the property. Mr. Shockey said limited grading was done on the Samiones' property. He said the variance request is from the setback and not Mr. Gross's home. He said the willingness of the Samiones to construct a fence is an attempt to: 1) resolve the issue, 2) maintain good relations with their neighbors, and 3) try to prevent the City from having to become involved in a neighbor dispute. Mr. Shockey said the fence will be a solid 6 foot fence. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER HERTRICH MOVED TO REOPEN THE PUBLIC PORTION OF THE HEARING. MOTION FAILED FOR LACK OF A SECOND. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO UPHOLD THE HEARING EXAMINER'S DECISION BASED UPON THE POSSIBILITY THAT THE PARTIES CAN RESOLVE THE ISSUE WITHIN 30 DAYS, SUB- JECT TO REVIEW BY THE CITY ATTORNEY. Councilmember Hall inquired if the proviso that the agreement be subject to review by the.City Attorney was valid. Mr. Snyder asked what would happen if the two parties could not reach an agreement. Councilmember Wilson said the Council would then uphold the Hearing Examiner's deci- sion. Mr. Snyder inquired what would motivate Mr. Gross to agree, knowing that within thirty days the Hearing Examiner's decision to deny the variance would be upheld. He suggested that the hearing be continued for a period of thirty days to permit the two parties to address an agree- ment, with the Council considering the decision at that time. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO AMEND THE MOTION TO CONTINUE THE HEARING FOR A PERIOD OF THIRTY DAYS TO PERMIT.THE TWO PARTIES TO ADDRESS AN AGREEMENT, WITH THE COUNCIL CONSIDERING A DECISION AT THAT TIME. COUNCILMEMBER HALL WITHDREW THE SECOND TO THE MAIN MOTION, SUGGESTING THAT THE AMENDMENT BE IN- CLUDED AS PART OF THE MAIN MOTION. COUNCILMEMBER WILSON INCLUDED IN THE MAIN MOTION THE AMENDMENT TO CONTINUE THE HEARING TO APRIL 19, 1988 TO PERMIT THE TWO PARTIES TO ADDRESS AN AGREEMENT, WITH THE COUNCIL CONSIDERING A DECI- SION AT THAT TIME, . THE SECONDER AGREED. MOTION CARRIED. REQUEST FROM WOODWAY BASEBALL BOOSTERS TO WAIVE BUILDING PERMIT FEE FOR NEW SCOREBOARD ($169) *i_�!�J,;;!;��Fplanning Division Manager Mary Lou Block reported that the Woodway Baseball Boosters have submit- ted a request to waive the building permit fee for the proposed new scoreboard at Woodway High School. She said waiving the building permit fee is a policy decision that must be made by the City Council. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO WAIVE THE BUILDING PERMIT FEE. Councilmember Hertrich recommended that the Council discuss the criteria for requests to waive fees in the future. MOTION CARRIED. Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCIL - MEMBER HALL, TO EXTEND THE MEETING FOR 15 MINUTES. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 10 MARCH 15, 1988 AUTHORIZATION OF LETTER OF SUPPORT FOR CENTENNIAL GRANT APPLICATION FOR HISTORICAL STREET LAMPS The 1989 Washington State Centennial Commission is encouraging local jurisdictions to participate in a grant program to undertake projects that will be of lasting benefit to the local community as part of the State's centennial. This program is supported by proceeds of special Centennial VISA cards offered by Rainier Bank. No local matching funds are required. Staff intends to apply for the maximum potential grant of $25,000 to install historical street lights in downtown Edmonds. As part of the grant application, it must be demonstrated that there is local support for the proposed project. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO AUTHORIZE THE COUNCIL RE- SOURCE PERSON TO DRAFT A LETTER OF SUPPORT FROM THE CITY COUNCIL ENDORSING THE GRANT APPLICA- TION. MOTION CARRIED. .,E ICATION FOR EDMONDS' HISTORY VIDEOTAPE PROJECT Mayor Naughten said the Edmonds Centennial Committee would like to apply for a grant from the Washington Centennial Commission for a video project for Edmonds history in the amount of $5,000 to $25,000. The Committee requests authorization from the Council to apply for the grant. Councilmember Jaech inquired if the grant for the video tape will be competing for funding for the grant for historical street lights. Kathy Turner, Edmonds Librarian, replied negatively. Planning Division Manager Mary Lou Block said they will be competing in a sense because they will be competing for the same money. Ms. Turner said the two projects will be submitted simultaneous- ly. She requested the Council to delegate the necessary authority to the Edmonds Centennial Committee to conduct the selection process for a consultant in the event the grant is received. Councilmember Hertrich inquired if grant funding for the street lights and videotape would ema- nate from the same source. Ms. Turner replied affirmatively. Councilmember Hertrich inquired if the Committee would request additional funding from the City if the grant is applied for. Ms. Turner replied negatively. Councilmember Hertrich expressed concern that the street light project may not receive funding but the videotape project will. He inquired if street light project could be placed on a priority list. Ms. Turner replied negatively. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE EDMONDS CENTENNIAL COMMITTEE GRANT APPLICATION. MOTION CARRIED. PROPOSED ORDINANCE AMENDING ORDINANCE 2661 (RELATING TO LANDSLIDE HAZARD AREAS) SPECIFYING STATE BUILDING CODE AMENDMENT SECTIONS City Attorney Scott Snyder noted that the State Building Council declined to issue an opinion to the City in November of last year. The International Conference of Building Officials' (ICBO) position had been that lot stability requirements were inherent in the Code, and they suggested that the City adopt its own Code. Mr. Snyder reviewed the amendments to the Code. He suggested that the Council consider contacting its legislative representatives if the State does not either approve or deny the provisions of the ordinance in accordance with State statute. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE ORDINANCE 2666. MOTION CARRIED. COUNCILMEMBER HALL MOVED TO EXTEND THE MEETING UNTIL 10:20 P.M. MOTION FAILED FOR LACK OF A SECOND. Councilmember Kasper and Councilmember Nordquist left the meeting. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO REOPEN THE MEETING. MOTION CAR- RIED. MAYOR Mayor Naughten said he attended the memorial service for Chet Bennett, noting that it was an excellent ceremony and very "up beat". He said the family has established a Chet Bennett Schol- arship Memorial Fund and is accepting donations. Mayor Naughten announced that the show that was held last week at Harbor Square by Quilters Anony- mous was attended by 4,800 people. EDMONDS CITY COUNCIL MINUTES Page 11 MARCH 15, 1988 COUNCIL Councilmember Hall said she made reservations for the National League of Cities conference in Washington D.C. for the weekend but will be unable to attend. She inquired if any Councilmember was available.to attend the conference. No Councilmember was able to attend. Councilmember Wilson wished Recorder Margaret Richards good luck during her maternity leave. Councilmember Wilson congratulated City Attorney Scott Snyder in becoming a partner in his law firm. Councilmember Wilson noted that Chet Bennett touched the lives of almost every citizen in Edmonds. Councilmember Wilson announced that the Woodway High School boys' and girls' basketball team went to the State tournament. Councilmember Wilson inquired about the status of the bus and trailer that was still located on the magician's property. Planning. Division Manager Mary Lou Block said the owner proposed to screen the vehicles from view. She said a notice was sent to the neighbors inviting them to attend a meeting at the City about his proposal but no response was received. Councilmember Wilson said it was his understanding that the owner was ordered to remove the bus. Ms. Block said she would review the record. Councilmember Jaech said she received a card from Sound Disposal announcing that they were initi- ating a recycling program for aluminum cans and paper products, which would be picked up with the regular service. She said the program was an excellent idea and Sound Disposal should be commend- ed. The meeting adjourned at 10:20 p.m. (These minutes are subject to March 29, 1988 approval.) JACQUELINE G. PARRETT, City Clerk LARRY S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 12 1 MARCH 15, 1988 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. MARCH 15, 1988 CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF MARCH.7, 1988 (C) REPORT ON BIDS OPENED MARCH 9, 1988 FOR REROOFING OF SOUTH COUNTY SENIOR CENTER, AND AWARD OF CONTRACT TO EDMONDS ROOFING ($21,344.40) (D) PROPOSED ORDINANCE 2663 ESTABLISHING SALARY RANGES AND SALARIES FOR EXEMPT PERSONNEL AND NONREPRESENTED, NONEXEMPT PERSONNEL (E) REPORT ON BIDS FOR REPAIR AND REPAINTING OF FIRE ENGINE, AND AWARD OF CONTRACT TO HUNNICUTT TRUCK SHOP ($7,718.48) (F) REPORT ON BIDS OPENED MARCH 1, 1988 FOR SR 99 SEWER IMPROVEMENTS PROJECT AND AWARD OF CONTRACT TO O'BRIEN & SONS ($314,586.36, w,.. INCLUDING SALES TAX) (G) PROPOSED ORDINANCE 2663 AMENDING EDMONDS TRAFFIC CODE 2. AUDIENCE 3. SECOND HEARING AND ADOPTION OF PROPOSED ORDINANCE 2664 RELATING TO (10 MINUTES) PLANNING BOARD RECOMMENDATION ON PREANNEXATI.ON ZONING FOR DENNY'S AND ARBY'S RESTAURANTS AT 8431 AND 8425 244TH ST. S.W. (R-7-87/CITY OF EDMONDS); AND HEARING ON ANNEXING DENNY'S RESTAURANT AT 8431 244TH ST. S.W. (AX-3-87) 4. HEARING TO REVIEW FUNDING OPTIONS FOR 208TH ST. UAB PROJECT (60 MINUTES) 5. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING SIGN (30 MINUTES) VARIANCE AT 10119 EDMONDS WAY (AP-3-88/V-39-87) (APPELLANT: FINIS TUPPER; APPLICANT: TEXACO, INC.) 6. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING EXISTING DECK (30' MINUTES) AT 9308 216TH S.W. (AP-4-88/V-37-87) (APPELLANTS: JOSEPH AND CANDIS SAMIONE) 7. REQUEST FROM WOODWAY BASEBALL BOOSTERS TO WAIVE BUILDING PERMIT FEE (10 MINUTES) FOR NEW SCOREBOARD ($169) 8. AUTHORIZATION OF LETTER OF SUPPORT FOR CENTENNIAL GRANT APPLICATION (10 MINUTES) FOR HISTORICAL STREET LIGHTS 9. EDMONDS CENTENNIAL COMMITTEE GRANT APPLICATION FOR EDMONDS, HISTORY (10 MINUTES) VIDEOTAPE PROJECT 10. MAYOR 11. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE