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02/01/1994 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES February 1, 1994 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR FEBRUARY 15, 1994 CITY COUNCIL MEETING The regular meeting of the Edmonds' City Council was called to order at 7:00 p.m. by Mayor Pro-Tem John Nordquist at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. ELECTED OFFICIALS Laura Hall, Mayor, ABSENT* John Nordquist, Mayor Pro-Tem Steve Dwyer, Councilmember Michael Hall, Councilmember William Kasper, Councilmember Dave Earling, Councilmember Barb Fahey, Councilmember Tom Petruzzi, Councilmember,ABSENT** STAFF Art Housler, Community Srv. Dir. Rob Chave, Planning Manager Dan Prinz, Police Chief Noel Miller, Public Works Supt. Steve Bullock, Asst. Planner Rhonda March, City Clerk. Scott Snyder, City Attorney * Mayor Hall was attending an Association of Washington Cities Conference in Olympia. ** Mayor Pro-Tem Nordquist announced Councilmember Petruzzi was in the hospital. APPROVAL OF AGENDA Mayor Pro-Tem Nordquist announced item (I) on the Agenda will be moved to the February 15 Agenda, and Items (7) and (8) will be reversed on.the Agenda so Item (8) can be discussed first. COUNCIL- i MEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, FOR APPROVAL OF THE AGENDA WITH THE CHANGES NOTED. MOTION CARRIED. CONSENT Items (B), (D), (F) and (H) were removed from the Agenda. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER EARLING, FOR APPROVAL OF THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items are as follows: (A) ROLL CALL (C) APPROVAL OF CLAIM WARRANTS FOR THE WEEK OF JANUARY 24, 1994 C w� 5 (E) AUTHORIZATION TO CALL FOR BIDS FOR PURCHASE OF MOWER IN THE PARKS DIVISION (G) ORDINANCE 2973 AMENDING ORDINANCES 2880 AND 2898 FOR SCRIVENER ERRORS IN ORDER TO CONFIRM THAT WATER RATES ARE CHARGED ON A BIMONTHLY BASIS (J) ACCEPTANCE OF HAINES' GIFT OF TIDELANDS. APPROVAL OF MINUTES OF JANUARY 25, 1994 (Item (B) on the Consent Agenda P Q4� COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER EARLING, TO APPROVE THE MINUTES OF JANUARY it, w 25, 1994 WITH THE CORRECTIONS IN A MEMORANDUM FROM THE COUNCIL ASSISTANT. MOTION CARRIED. APPROVAL OF 1994 TAXICAB LICENSE FOR NORTH END TAXI (Item D) on the Consent Agenda 1. Cah Councilmember Hall inquired if the Taxicab company offers complimentary rides to those people who �are intoxicated and are unable to drive their own vehicle. City Clerk Rhonda March said she is a rS� not sure if they do or not, but can look into the matter with the Police Department. COUNCILMEM- BER HALL MOVED, SECONDED BY COUNCILMEMBER FAHEY, FOR APPROVAL OF 1994 TAXICAB LICENSE FOR NORTH END TAXI. MOTION CARRIED. PROPOSED ORDINANCE CLARIFYING PROVISIONS OF ORDINANCE 2632 VACATING A PORTION OF ALLEY, OFF 5TH AVENUE BETWEEN MAPLE AND ALDER Item (F) on the Consent Agenda Councilmember Hall said he would abstain as a possible appearance of fairness issue, as this is the alley behind his mother-in-law's residence. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCIL - MEMBER DWYER FOR APPROVAL OF ORDINANCE 2974 4CLARIFYING PROVISIONS OF ORDINANCE 2632 VACATING A PORTION OF ALLEY, OFF 5TH AVENUE BETWEEN MAPLE AND ALDER. MOTION CARRIED with Councilmember Hall abstaining. Mayor Pro-Tem Nordquist said as Chair, he would like to speak to Item (J), (Acceptance of Haines' Gift of Tidelands", as the City Attorney has given specific language regarding the motion on this item. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO INSTRUCT THE CITY CLERK TO RECORD THE DEED. MOTION CARRIED. PROPOSED RESOLUTION OF INTENTION TO FORM LOCAL IMPROVEMENT DISTRICT TO PROVIDE FOR UTILITIES AND ROADWAY IMPROVEMENTS 88TH AVENUE WEST BETWEEN 207TH STREET S.W. AND 204TH STREET S.W. AND SET LD PUBLIC HEARING DATE Item H on the Consent Agenda •,,� This item was pulled so a hearing date for this item could be set for February 28, 1994. COUNCIL- MEMBER �� Cp"rfTJ PUBLIC HEARING DATE ON F BRUARY 28,COUNCILMEMBER KASPER, 1994. MOTION FOR APPROVAL OF RESOLUTION 785 SETTING A ON ARRIED, AUDIENCE Jack Bevan, citizen of Edmonds, read from a prepared statement. Mr. Bevan spoke on behalf of his neighbor, who according to Mr. Bevan has been "attempting to realize a return on his investment t at 2nd Avenue S. and Alder, property adjacent to the City's waste disposal plant". Mr. Bevan requested the City make available to his neighbor, ordinances prior to April regarding mitigation S measures the City is requiring of him. Scott Snyder, City Attorney, said this issue has a three k� year history and said he and Paul Mar would be happy to brief the Councilmembers on the issues in {► an Executive Session. Mayor Pro-Tem Nordquist said the issue will be looked into. Roger Hertrich, 1020 Puget Drive, Spoke on the Councils' prior action of approving the contract for the art work at the Public Works Facility now under construction. Mr. Hertrich said the Staff t "dropped the ball" on this issue by not scheduling a public hearing which is required by �ordi- nance. factthat Hertrich said o�lbKasperer apublich aringwasnotheldanlater, and dshouldhave beenc�h held. Dwyer Mr Hert picked e h said Council' e should not have carried on with this error. Mr. Hertrich requested Council hold a public hearing on this subject as soon as -possible. Kathy Turner, City Librarian, asked the City Council for their help in the getting the word out regarding raising money to film 20 years of the Edmonds Tribune Reviews. Ms. Turner said she is (1 V*11 in the process of talking to local organizations for their help. Vic Bachulis,, 7512 208th S.W., Edmonds, spoke regarding Horizon Park Apartments. Mr. Bachulis said over the last several days, the owner of Horizon Park Apartments has begun illegal construc- tion on raising the roof line. Mr. Bachulis said he contacted the Planning Department immediate- �,I r 3 (ra ly, and as a result, a stop -work order has been issued on the project. Mr. Bachulis said if the 1(� owner of the complex is allowed to continue, he feels his own home's property value will decrease due to view obstruction. Carolyn Johnson, Executive Director -of the Edmonds Visitors Bureau, spoke against proposed Senate Bill 6564 in its present form which would shift the authority to distribute hotel and motel tax revenues from the local jurisdictions in which they are levied to the County Council. Ms. Johnson distributed informational materials to the Council and asked Council to take immediate action by sending written material formally opposing the Bill as it is written. Ms. Johnson proposed an amendment to the Bill and asked the Council President to include the amendment in the letter to the Senate. Ways and Means Committee. Mayor Pro-Tem Nordquist agreed and said this will be dis- cussed under Council portion at the end of the meeting. With no other audience member coming forward, Mayor Pro-Tem Nordquist closed the audience portion of the meeting. HEARING ON APPEAL.OF HEARING EXAMINER'S DECISION TODENY _APPEAL (FILE NO. AP-93-209) OF STAFF'S Rob Chave, Planning Manager, said on December 17, 1993, the appellants filed an appeal of the Hearing Examiner's decision to deny an appeal challenging the staff's decision to grant approval x- of a proposed 2-1ot short plan. The subject short'plan-was filed by Robert Klepinger to subdivide his property located at 8130 & 8134 212th Street Southwest into 2 lots. The appellants have chal- lenged the approval of the short plat based on grounds that appear to be related to a concern with how the site was developed in the past, rather than how the proposed short plat does not comply with the requirements of the ECDC. EDMONDS CITY COUNCIL APPROVED MINUTES Page 2 February 1, 1994 On November 18, 1993, the Hearing Examiner held a public hearing on the original appeal of the staff's approval of the subject short plat. After consideration of all the public testimony, and staff's report, the Hearing Examiner issued a decision to uphold the staff's original approval of the requested short plat. Mr. Chave said in brief, the Hearing Examiner found the appeal had failed to show the review of the subject short plat had been in error. Furthermore, the Hearing Examiner found some of the issues which were raised in the appeal were beyond the jurisdictional authority of the Examiner. Mr. Chave requested Council deny the current appeal, and uphold the decision of the Hearing Exam- iner. Councilmember Fahey said as she read through the agenda packet on this item, she saw reference to ADB minutes which specifically required certain things of the applicant, which apparently did not happen. Councilmember Fahey said she is interested to find out if the applicant met all the requirments set forth by the ADB. Mr. Chave said Staff tracks this to make sure ADB. Steve Bullock, Assistant Planner, said staff makes sure the project is in compliance quirements. Testimony of the Applicant the applicant complies with any directives of the before a building gets its occupancy permit, the with all the requirements, specifically, ADB re - Bob Klepinger, 2114 80th Avenue West, said he bought the property in 1985 as a single family house in front with some additional property in back. Mr. Klepinger said he went through the process whereby the City approved a project which was built in 1986. Mr. Klepinger said he has operated and owned the property ever since then with no complaints from any neighbors whatsoever. Mr. Klepinger said he made the application for the short subdivision, and no opposition was made at the subsequent public hearing. Mr. Klepinger said there was an issue, however, during the time from the hearing date until the final date the appeal could be rendered. During that time, one of the contiguous property owners and himself had a discussion about some trees that were overhang- ing on the applicant's property. Mr. Klepinger said he determined from his survey and from look- ing at property corners, the trees were in fact on the other property, and therefore, could not cut them down. Mr. Klepinger sent a letter to the other property owner offering to share in the K cost of the removal of those trees and at the same time, putting the owner on notice that if the trees fell down and damagedlthe house they were leaning towards, he would hold them responsible. Testimony of the Appellant Attorney for the Appellant, Jeffrey Eustis, displayed photos and a map which showed the site in question. Mr. Eustis said in 1985, when there was an application to build a four-plex, it was indicated the applicant would provide extruded curbing, fencing on the northern half of the prop- erty, and a drainagedetention area. Mr. Eustis said these provisions offered by the applicant were never put in place. Mr. Eustis said as these conditions create a nuisance and hazard to the appellants, they are requesting the applicant provide: 1) a new impervious surface; the surface water be drained into the drainage system so water does not flow off onto the neighbor's property 2) Extruded curbing that was indicated as a condition in 1985 be put in place, and 3) Fencing that was indicated in 1985 be put into place, and 4) a rockery be constructed to prevent erosion. Mr. Eustis said all of these items were mandated by the ADB in 1985. City Attorney Scott Snyder referenced Mr. Eustis's statement on the impervious surface and extrud- ed curbing. Mr. Snyder said Mr. Eustis referenced a quote regarding fencing and asked Mr. Eustis if that was one of the approved conditions. Mr. Eustis said he believed it was and gave reasons why he believed it was required. Mr. Snyder asked if the rockery was referred to in the condition of approval. Mr. Eustis said it is referred to in the Variant Application where Mr. Klepinger made reference to a rockery to retain the bank. Mr. Snyder said he is unaware of any requirement by City Ordinance that would require a rockery be installed, and asked if the rockery was a condi- tion of approval by the ADB. Mr. Eustis said not to his knowledge. Public Testimony ' As the only people signed up to speak were the appellants, Mayor Pro Tem Nordquist noted their time had already been expended by their representative, Mr. Eustis. Mayor Pro Tem Nordquist asked if any other member of the public wished to speak. As no one came forward, the public por- tion of the hearing was closed. Continued testimony of the Applicant EDMONDS CITY COUNCIL APPROVED MINUTES Page 3 February 1, 1994 Mr. Klepinger said the concrete driveway that exists and the trees that form the visual boundary between the driveway and the appellants property was present long before he and his wife owned the property. Mr. Klepinger referenced the Certificate of Occupancy and said specifics of some of the ADB discussions with himself during the process, having to do with the rockery and fence were items that he as applicant offered as possibilities. Mr. Klepinger said to his knowledge, they were never a requirement. Mr. Snyder asked Mr. Klepinger to his knowledge, was an extruded curb ever put into place, and Mr. Klepinger said his recollection is with regards to the final approval by the ADB, speed bumps were asked to be added, but never was extruded curbing or rockeries or fences ever required or even asked for. Councilmember Dwyer said the written presentation is unique for what is usually presented to Council. Councilmember Dwyer said usually in the Hearing Examiner's Report, there is a listing of the criteria out of the Code, and the evidence that is presented matches up with that criteria which is also usually found in one of the various Staff reports. Councilmember Dwyer said in this particular case, this information is not included, whereas creating an element of confusion with regards to the discussion of the setbacks as it relates to the necessity of meeting the variance criteria that is discussed in one of the staff reports. Counci I member. Dywer said it is unclear to him exactly what the criteria is that is being sought that the Council should apply. City Attorney Scott Snyder said the general findings require the City find that the proposal is consistent with the requirements of the entire subdivision chapter which is quite specific. Mr. Snyder said the City must also find compliance with the Comprehensive Plan and Zoning Ordinance. Mr. Snyder suggested the Council either take a brief recess to review that criteria or continue the matter so the Staff can provide the Council with the findings. Councilmember Dwyer said he prefers the matter be continued so the Council can receive the neces- sary information. Councilmember Hall said the Hearing Examiner stated that most of the issues brought up are maybe without the jurisdiction of the City and or the Hearing Examiner. Councilmember Hall asked Mr. Snyder if there is merit to this statement. Mr. Snyder said one of the City's required findings is that the application comply with the Zoning Ordinance which includes the publics works require- ments of Title 18 which would give him the opinion the Council, therefore, has jurisdiction to consider whether the application in its current configuration complies. Mr. Snyder said other issues, however, appear to be private issues. Councilmember Hall said what he is gathering is this is an appeal of whether the short plat is ap- proved, and not whether the ADB in 1985 did their job back then. Mr. Snyder said there are two ways to go about it: 1) The application doesn't comply with the zoning ordinance because they never complied with ADB approval, or 2) That some condition exists which under the required environmental findings hasn't been alleviated by the applicant. As Council wished to question the applicant/appellant, COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO EXTEND THREE MINUTES FOR THE APPLICANT AND THE APPELLANT TO SPEAK. MOTION CARRIED. Continued Testimony of the Appellant Mr. Eustis, attorney for the appellant, said this is an appeal of the short plat under section 20.75.085A, of which there are a number of environmental conditions. Mr. Eustis said sub -part 3 relates to removing conditions hazardous to nearby residents or property, which in this case is the appellant, and sub -part 4 relates to drainage to minimize off -size impacts. Mr. Eustis said this is a proceeding under 20.100.040, the Appellants filed a document dated November 29, 1993 under that section. Mr. Eustis said that section allows you to grant relief under three condi- tions: 1) Non-compliance of the Code, which he believes there is non-compliance with the drainage plan, 2) Non-compliance with ADB requirements, and 3) Any conditions causing a nuisance or hazard- ous condition. Continued Testimony of the Applicant Mr. Klepinger asked what makes the conditions that exist on the site hazardous today when they weren't hazardous three months ago or even 30 years ago. Mr. Snyder said Mr. Eustis referred to Section 20.100.040, which is review of approved permit provisions that permit either the Community Development Director, the City Council or three mem- ber of the public to initiate review of an approved permit and to condition it in the case of a EDMONDS CITY COUNCIL APPROVED MINUTES Page 4 February 1, 1994 vested permit. Mr. Snyder asked Rob Chave, Planning Manager, where that application is at the present time. Mr. Chave said the Community Services Director makes a decision which is appealable to the Hearing Examiner, and then on to the City Council. At this point, the Community Services Director has made a decision, and potentially it could go on from there. Mr. Chave said what we are dealing tonight is with the sub -division itself. . Mr. Snyder said the Council could continue the matter if the Council wanted to let the other matter catch up. Mr. Snyder said however, he believes the Council has ample record to address the issue tonight. Councilmember Fahey said she believes some issues that were raised in the final statements were never addressed in the Hearing process. Councilmember Fahey said she is not aware of information. that a variance was given based on placement of a rockery. Councilmember Fahey said she does not feel she has enough information to proceed with this issue. Mr. Snyder said Councilmember Fahey raises an important point, Mr. Snyder said as any Councilmem- ber knows, things that Councilmembers know or items that are not in the record cannot be used as a basis for a decision. Mr. Snyder said the Hearing Examiner's decision in this case are unusual because he did not make his usual findings. As the Applicant wanted to make a statement, COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER EARLING, TO ALLOW THE APPLICANT AND APPELLANT EACH 30 SECONDS. MOTION CARRIED. Continued Testimony of the Applicant Mr. Klepinger said with regards to the issue having to do with a proposed rockery and a fence, etc., it should be known that the driveway that has been there for so many years, actually is 8" or 10" onto the adjoining property and building a fence or erecting a rockery in an area where the land has been there forever, was perhaps the reason why Staff had decided those items abso- lutely were not required, as,they would have had to be built on the neighboring property. Continued Testimony of the Appellant Mr. Eustis said with reference to the trees and vegetation, the trees are being eroded away. Mr. Eustis said his client has indicated they will agree to have a fence and a rockery put on the property line, thus retaining the bank and preventing further sloughing and undercutting of the driveway. Mr. Eustis said a large portion of the driveway was put in during 1985. Councilmember Hall asked Mr. Eustis if it is his contention the erosion is happening on his cli- ents land or on the other property. Mr. Eustis said it is 'definitely on his clients' land as a result of the very abrupt cut that exists on account of construction on the applicant's land. Councilmember Hall said in reality, some of the paving goes on to his clients' land. Mr. Eustis said yes. Mr. Eustis said at most, by adverse possession, his client would have a right to the area that lies beneath the portion of the driveway that encroaches. The area of erosion extends beyond that onto the clients' property. Councilmember Hall said the erosion he saw is directly underneath the driveway. After further discussion, Councilmember Hall said Mr. Eustis *is arguing that his client is damaging the other peoples' land by not maintaining their property. Councilmem- ber Hall said Mr. Eustis is in fact saying because his client's property is not steeped enough, they are causing erosion on his land. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER EARLING, TO CLOSE THE PUBLIC HEARING. MOTION CARRIED. Councilmember Dwyer prefers to continue this matter for a decision to the February 15th meeting. Councilmember Hall prefers that Council make a decision tonight, at least on some of the substan- tive points. Councilmember Fahey agrees with Councilmember Dwyer. Councilmember Fahey said her one concern is the issue of a variance being granted based on the fact that a rockery would be put in. Council - member Fahey said she has no material which discusses this condition, if indeed there was this condition. Councilmember Kasper believes it should be continued so Council can inspect the property. Council - member Hall said the Council does have photographs. Councilmember Earling said he is ready to make a decision tonight, however, would agree to continue the matter so further information can be gathered. As there were questions Council had of Staff, COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER FAHEY, TO RE -OPEN THE HEARING. MOTION CARRIED. EDMONDS CITY COUNCIL APPROVED MINUTES Page 5 February 1, 1994 Councilmember Hall asked Assistant Planner Steve Bullock, what his recollection of the ADB recom- mendations were and whether they were conformed with in this case. Mr. Bullock said initially, none of the ADB conditions or questions whether the property owner had complied with the permits in 1985 was really reviewed with regards to the sub -division. Mr. Bullock said the sub -division was based on the existing development and existing property conformance with a sub -division which is why Planning Staff recommended approval. Mr. Bullock said the adjacent property owners have since applied with the City for a review of the approved permit for the four-plex which was devel- oped on the property. Mr. Bullock said that is a separate process. Mr. Bullock said all of the questions and answers pertaining to the appellant's concerns are being addressed in a report which was finalized by Community Services Director Paul Mar last week. Councilmember Hall said in reality, the issues are being combined. Mr. Bullock said yes. Council - member Hall said there is the approval of the short -plat, which is before the Council on appeal, and then there is some property and damage issues which are separate, but will be coming up be- fore the Council on a future date. Mr. Bullock said yes, if the appellants appeal Mr. Mar's re- port,'they then appeal to the Hearing Examiner and possibly to the City Council. Councilmember Hall said most of the arguments he has heard from the appellants are on the second issue being addressed by the Community Services Director, and is not before the City Council tonight. Mr. Bullock agreed. Councilmember Hall said if Staff and Hearing Examiner agree both agree the proposed short -plat application is in compliance with Code, he sees no reason why the Council cannot make a decision tonight on just that issue. Mr. Snyder said part of the confusion is Mr. Eustis has been reading from the Staff report on the other proceeding, in which the Council does not have presently. Councilmember Dwyer said from his perspective, he is interested in whether or not the conditions imposed by the ADB have been complied with and in terms of whether or not this plat application is consistent with the zoning code. Councilmember Dwyer said he would like to see written infor- mation on these issues. Mr. Snyder said one reason why he believes this is the better time for Council to discuss the issue is the permit revocation proceedings requires the City to find that something is a public nuisance, which tend to have very specific criteria. Mr. Snyder said the subdivision code provid- ed the same opportunity for review in "does the proposal comply with the City's comprehensive plan", which has a lot more latitude to prevent problems with respect to neighboring property owners than does public nuisance criteria. Mr. Snyder said the City also has the ability to condi- tion approval to make sure the project does not violate the Comprehensive Plan. Mr. Snyder said the problem the Council faces tonight if it does not make a decision, would mean there would be a finding that the Comprehensive Plan is complied with and than be asked at a later date, and find the exact same conditions constitute a public nuisance. Councilmember Dwyer asked Mr. Snyder if it is possible for Council to limit the supplementation of the record solely to written items. Mr. Snyder said yes, and said they could be entered as exhibits. As there were several exhibits to be entered, Mr. Snyder suggested a short recess to gather the information. At 8:45 p.m, the Council recessed for a short time to gather information to be used as exhibits. At 8:55, the.Council reconvened. The following were entered as exhibits: Exhibit 1 and 2: Pictures and Map of subject property offered by appellant's attorney. Exhibit 3: ADB Minutes of March 20, 1985 (pages 8 through 10) Exhibit.4: ADB Minutes of November 6, 1985 (pages 21 through 23) Exhibit 5: ADB Minutes of August 6, 1986 (pages 8 through 10) Exhibit 6: Finally approved Plat Map by the ADB Exhibit 7: Initial application (to be supplied by Staff) Mr. Snyder suggested the parties have one week from today to submit any written comment regarding these issues. Councilmember Fahey said in all of the documents being entered into evidence, is there anything that addresses the issue of the variance or is that not part of these proceedings. Mr. Snyder said the Council could continue the hearing and ask that this issue be addressed. Councilmember Fahey asked Mr. Bullock if this issue was 'discussed. Mr. Bullock said there is absolutely no separate variance requests ever made on this property. Mr. Bullock said when the current property owner went through the sub -division process, there is an element of the City's sub -division code that allows for the applicant to request a modification of the sub -division, EDMONDS CITY COUNCIL APPROVED MINUTES Page 6 February 1, 1994 Mr. Bullock said a modification of a sub -division would allow him to modify setback requirements for example, which typically would be done through a variance process but lets you combine the sub -division and the grant variance process at the same time. Mr. Bullock said the applicant requested a modification of the subdivision of Lot 1, (northern lot) to allow. for a narrower side setback there. Mr. Bullock said this is the only item even remotely tied to the variance and said this is not tied to any retaining wail, rockery, etc. Mr. Snyder said Mr. Bullock is referring to City Ordinance where it requires that setbacks be measured not only from exterior streets and property lines but also from internal rights of ways, so they are setting back from the driveway rather than the property line in this case. Mayor Pro-Tem Nordquist asked the Applicant and Appellant if they had any discussion on this issue. ! Continued testimony of the Appellant Mr. Eustis, attorney for the applicant, said in the Staff report, there is a section that deals with the modification, and dealing with the modification, it sites the various criteria for a variance. Mr. Eustis said in this case, the applicant said they wanted to narrow the 10' side yards that otherwise be required between the single family and the access roadway of some 20' - �-hey wanted to reduce that down to 3-1/2 feet. Mr. Eustis said, however, the analysis did not recognize that sitting in that 3-1/2' is already a stairway that goes from the upstairs to the downstairs so a pedestrian cannot walk in that 3-1/2. Mr. Eustis said if the pedestrians are to walk on the other side rather than. next to the house, they would be walking on the edge of the paved area where there is this abrupt breakoff, and it is in this area they are arguing for a fence, extruded curbing, and some rockery to retain the concrete. Councilmember Fahey asked Mr. Eustis if he has knowledge of a requirement officially being made regarding putting in a rockery as a condition as a variance being granted. Mr. Eustis said what he has is in the application of the modification, a declaration that was submitted by the appli- cant for which the applicant referenced the existence of a rockery on the west side. Mr. Eustis said apparently Staff relied upon this reference, and he said he now argues that this is part of the application. Continued testimony of the Applicant Mr. Klepinger said the concrete driveway being referred to was never modified by himself during the building process in 1986. Mr. Klepinger said the driveway has been there as is, since the 1950s. MAYOR PRO-TEM NORDQUIST MOVED, SECONDED BY COUNCILMEMBER DWYER,TO CONTINUE THIS ITEM TO THE FEBRU- ARY 15, 1994 CITY COUNCIL MEETING TO REVIEW THE EXHIBITS WHICH HAVE BEEN ENTERED INTO THE RECORD TONIGHT AND TO GIVE A WEEK TO THE PARTIES TO SUBMIT ANY WRITTEN INFORMATION REGARDING THE EXHIB- ITS. MOTION CARRIED. PROPOSED RESOLUTION DECLARING EMERGENCY AND SUSPENDING NORMAL BID PROCEDURES FOR REPLACEMENT OF AIR COMPRESSOR FOR FIRE DEPARTMENT Buzz Buzalsky, Fire Chief, said in 1988, the City entered into an Interlocal Agreement with Lynn - Wood, Mountlake Terrace and the District to purchase and operate a joint owned air compressor system, so* as to provide adequate air for use at all emergency scenes. Recently the compressor .e broke down because of the heavy use it was put through. The company providing the compressor recommends the present compressor is too damaged to repair, and also said it was too small for the city's use. They are recommending replacing it with a larger and more modern unit. Chief Buzalsky said he has discussed the problem with the other jurisdictions involved and they agree that we need to replace this unit as soon as possible. Chief Buzalsky said the approximate amount of replacement is $27,050, with all the parties shar- ing in the cost. Chief Buzalsky said the City would pay the money up front and then be reimbursed by the other parties. Chief Buzalsky said going through the bid process will slow this replace- ment at least a month or longer. At the present time, the department is driving to Shoreline Fire at 175th and Aurora in maintaining the department's air supply. In addition, Chief Buzalsky said this is an unanticipated item, so there is no funding within the Fire Department's budget. Chief Buzalsky asked that Council declare this an emergency so that he can proceed as quickly as possible by passage of the resolution included in Council packets. Council discussion EDMONDS CITY COUNCIL APPROVED MINUTES Page 7 February 1, 1994 Mayor Pro-Tem Nordquist said he does not agree with circumventing the bid process. Mayor Pro-Tem Nordquist said he heard it was not actually an emergency, and he heard that since there was a need to circumvent the bid process, an emergency clause would be thrown in. Mayor Pro-Tem Nord- quist believes any vendor should be given the opportunity to bid on something like this. He would like the Fire Department to go through the bid process and give the citizens their moneys worth. Councilmember Earling said he does not see this as an emergency and would like to see it go through the bid process as well. Councilmember Earling said the bid process could save the taxpay- ers some money. Councilmember Hall said he believes it is an emergency, as you never know when a disaster will strike. MAYOR PRO-TEM NORDQUIST MOVED, SECONDED BY COUNCILMEMBER EARLING, THAT WE GO THROUGH THE BID PRO- CESS FOR.A COMPRESSOR AND A SUPPLEMENTAL WIRING AND TO TAKE $6,753 FROM THE COUNCIL CONTINGENCY FUND. Under discussion, Councilmember Kasper said he believes there are other line items this funding could come out of, ie. ending cash blance of EMS, 006 Fund, and doesn't see why the funding source has to be decided on right now. Councilmember Fahey said she understood it that the City had to front the entire cost and then be reimbursed. Chief Buzalsky said technically, he would need 4n account number to pay the bill and then he would bill the other entities so they could submit reimbursement to the City. MOTION CARRIED with Councilmember Hall and Councilmember Fahey voting no. CONTINUED COUNCIL DISCUSSION AND ACCEPTANCE OF PRELIMINARY DRAFT TRANSPORTATION PLAN (continued from January 25, 1 9 Gordy Hyde, Engineering Coordinator, said Staff is requesting authorization to publish the Draft Transportation Plan in draft format. Mr. Hyde introduced Dave Zlinsky, representative of Bell- Off{. rTV,o^Sp Walker. Councilmember Earling asked Mr. Zilnsky if Councilmember Fahey's previous comments, as well as Councilmember Kasper's and his own have now been included in the draft format. Mr. Zlinsky said he is not sure as he was not at the last meeting. Councilmembers requested the draft be sent back and the issues raised by the Councilmembers included. They are as follows: Councilmember Fahey said she would like the Study to address the issue of traffic being forced off the main arterials into neighborhoods as a result of such things as four-way stops, etc., specifically on 9th Avenue. With regards to the study, Councilmember Fahey said there is a lack of discussion being offered to the general public relating to changes in signalization that might be traffic sensitive or other alternatives to enhance the free flow of traffic on the arterials. . Councilmember Fahey believes the plan does not adequately address the issue. Councilmember Kasper said the Study should address the issue of signalization. Councilmember Kasper said his point is if you take out what you got and install lights, and speeding problems still exist on 9th Avenue, how is that going to be controlled - are the lights going to be changed, or will four-way stop signs be installed on the street inbetween. Councilmember Kasper said he would like this issue addressed. Councilmember Earling has asked if Bell -Walker has been apprised of Community Transit HOV Lane study so they know that they system as it is designed includes: the proposed HOV, arterial HOB Lanes on Highway 00, SR104, and if the City were to include that at some point as part of our attempt to address regional problems. Councilmember Kasper suggested a change to page 28, stopping at page 28 in the middle and adding bottom of 28 to page 30. Councilmember Kasper referenced a section relating to speeds of 25 for local streets, 30 for collector streets and 40 for arterials. Councilmember Kasper asked where these speeds originated. Mr. Zlinsky said these speeds have been modified to what the existing speed limits now are. Councilmember Kasper said there are specific agreements of 25 mph on 9th Avenue north and 30 mph on 9th AVe. south. Councilmember Hall said his major concern is that many people are using Edmonds as a thoroughfare. As the items previously requested by Councilmembers were not addressed in the draft plan, COUNCIL - MEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER DWYER, TO ACCEPT THE DRAFT TRANSPORTATION PLAN GIVEN TO US THIS EVENING AND ASK THAT IT BE SENT BACK THROUGH THE PLANNING PROCESS. MOTION CAR- RIED. EDMONDS CITY COUNCIL APPROVED MINUTES Page 8 February 1, 1994 DISCUSSION ON PROPOSED INSTALLATION OF 4-WAY STOP AT INTERSECTION OF 5TH AVENUE SOUTH AND WALNUT STREET Gordy Hyde, Engineering Coordinator, gave the presentation. Mr. Hyde said the Engineering Divi- sion presented this proposal to the Public Safety Committee meeting after having received support from staff at an earlier meeting of the Traffic Safety Committee. The intersection has been the site of six reported accidents and numerous near misses within the last two years. Traffic counts obtained in September 1993 show over 12,500 vehicles per day entering the intersection. Mr. Hyde said it is recommended that corner -mounted flashing red lights on antique poles be installed at each corner of the intersection, similar to the existing lights at Dayton Street and 5th Avenue 5.., indicating to motorists and pedestrians that this is the entry to the Edmonds downtown busi- ness area. Mr. Hyde said this should result in lower traffic speeds and increased safety for all. Staff recommends Council authorize a 4-way stop at 5th Avenue S., and Walnut Street, using decora- tive poles, and authorize the expenditure of $10,000 from fund 112 for the City-wide project. Council discussion Councilmember Kasper said there is a grade problem on Pine Street (getting up on the hill from 3rd). Councilmember Kasper said maybe this project should be done at another intersection rather than 9th and Walnut, and asked if more could be accomplished if the same cross walk could be placed somewhere else. Mr. Hyde said the reason why this intersection is being discussed is be- cause this is the intersection the citizens call mostly about. Mr. Hyde said he could study the intersection at Pine if Councilmember Kasper would like. Councilmember Fahey said her concern is in the number of vehicles that use that intersection north and southbound as opposed to east and west. Councilmember Fahey said if a flashing light is installed, she wonders how;big an impact it will have on the downtown area with regards to cars backing up. Councilmember Kasper said ithis should be scheduled for a public hearing. Councilmember Kasper said he thought that maybe 5th Avenue speeds should be slowed down further south. Mayor Pro Tem Nordquist said he would like to hold a public hearing on this issue to hear from, the merchants in the downtown area as well as more citizens. Councilmember Earling said if one of the goals is to slow down speed on 5th Avenue, it makes more sense to slow it down further south where more people are speeding. As a procedural matter, COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER EARLING, TO EXTEND THE MEETING. MOTION CARRIED. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER EARLING, THAT WE SEND THIS BACK FOR MORE STUDY AND COME BACK TO A PUBLIC HEARING ON MARCH 15, 1994. MOTION CARRIED with Councilmember Hall voting no.. PROGRESS REPORT ON PUBLIC WORKS FACILITY CONSTRUCTION VJ Noel Miller, Public Works Superintendent, referenced the Agenda Memo where it updated Councilmem- ,�VAers on the progress of the Public Works facility construction. Mr. Miller said the project is presently 15% complete and the contract is within budget and on schedule with a final completion date anticipated by October 18, 1994. Mr. Miller said M.J. Shockley, General Contractor is doing C,0 J a very good job. Mr. Miller said the project architect, Charles O'Hern AIA, for Merritt + Pardini is available in the audience if Council has questions. MAYOR Mayor Pro-Tem Nordquist referenced Carolyn Johnson's comments regarding the request that Council formally oppose SB 6564. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER DWYER, THAT WE AUTHORIZE THE CITY ATTORNEY TO DRAFT A RESOLUTION IN SUPPORT OF THE LETTER AND THE PROPOSED AMEND- MENT TO SENATE BILL 6564 AS LAYED OUT BY THE EDMONDS VISITORS BUREAU. MOTION CARRIED. COUNCIL � /Mayor -Pro Tem Nordquist said there is a conflict with the Council Retreat date of March 11 and CO L"1( 12, and said the date has now been moved to March 18, and 19th at LaConner. \\ Councilmember Fahey said she attended a recent Port meeting, and will submit a written report of that meeting to Councilmembers in the near future. EDMONDS CITY COUNCIL APPROVED MINUTES Page 9 February 1, 1994 2 Councilmember Earling referenced the comment by a citizen under Audience regarding Horizon Park L Apartments and their. subsequent "raising of the roof line". Councilmember Earling said it has f y come up on occasion where through the ADB process, someone is told that he must obtain a permit n �p to correct a structural problem. Councilmember Earling said tonight is an example of that. Coun- cilmember Earling said he wishes there was another process whereby a property owner does not have to be told he has to wait 7 or 8 weeks to be approved by the ADB to correct a structural problem. City Attorney Scott Snyder said anybody can replace a damaged item the way it currently exists if it is in line with the prior approval. Councilmember .Earling said as he understood it, this gentleman already went through the ADB pro- cess and part of his roof line had already been altered in some fashion. Councilmember Dwyer said as he understands it, the main product of the frustration is the diffi- culty some citizens have in that the ADB meets only one time per month. Councilmember Earling said it doesn't seem right that if an extraordinary problem exists, someone may have to wait 7 to 8 weeks to get to the ADB. With no further business before the Council, Mayor Pro-Tem Nordquist adjourned the meeting at 10:20 p.m. R ONDA J. MAWCH, CITY CLERK EDMONDS CITY COUNCIL APPROVED MINUTES Page 10 February 1, 1994 AGENDA .EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 - 10:00 p.m. FEBRUARY 1, 1994 CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. APPROVAL OF AGENDA 2. CONSENT AGENDA A. ROLL CALL B. APPROVAL OF MINUTES OF JANUARY 25, 1994 C. APPROVAL OF CLAIM WARRANTS FOR THE WEEK OF JANUARY 24, 1994 D. APPROVAL OF 1994 TAXICAB LICENSE FOR NORTH END TAXI E. AUTHORIZATION TO CALL FOR BIDS FOR PURCHASE OF MOWER IN THE PARKS DIVISION F. PROPOSED ORDINANCE CLARIFYING PROVISIONS OF ORDINANCE 2632 VACATING A PORTION OF ALLEY, OFF 5TH AVENUE BETWEEN MAPLE AND ALDER G. PROPOSED ORDINANCE AMENDING ORDINANCES 2880 AND 2898 FOR SCRIVENER ERRORS IN ORDER TO CONFIRM THAT WATER RATES ARE CHARGED ON A BIMONTHLY BASIS H. PROPOSED RESOLUTION OF INTENTION TO FORM LOCAL IMPROVEMENT DISTRICT TO PROVIDE FOR UTILITIES AND ROADWAY IMPROVEMENTS ON 88TH AVENUE WEST BETWEEN 207TH STREET S.W. AND 204TH STREET S.W. AND SET PUBLIC HEARING DATE AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH HUCKELL-WEINMAN FOR COMPREHENSIVE PLAN ENVIRONMENTAL IMPACT STATEMENT CONSULTING SERVICES ($77,000) J. ACCEPTANCE OF HAINES' GIFT OF TIDELANDS 3. AUDIENCE 4. (30 MIN) HEARING ON APPEAL OF HEARING EXAMINER'S DECISION TO DENY APPEAL (FILE NO. AP-93-209) OF STAFF'S DECISION TO GRANT APPROVAL OF A PROPOSED 2- LOT SHORT PLAT FOR PROPERTY AT 8130 AND 8134 212TH ST. S.W. (APPELLANTS: CAROLYN SUE & DELORIS HOFFMAN (FILE NO. AP-93-230) / APPLICANT: BOB KLEPINGER (FILE NO. S-93-151) 5. (15 MIN) PROPOSED RESOLUTION DECLARING EMERGENCY AND SUSPENDING NORMAL BID PROCEDURES FOR REPLACEMENT OF AIR COMPRESSOR FOR FIRE DEPARTMENT 6. (30MIN) CONTINUED COUNCIL DISCUSSION AND ACCEPTANCE OF PRELIMINARY DRAFT TRANSPORTATION PLAN (continued from January 25, 1994) 7. (15 MIN) DISCUSSION ON PROPOSED INSTALLATION OF 4-WAY STOP AT INTERSECTION OF 5TH AVENUE SOUTH AND WALNUT STREET 8. (10 MIN) PROGRESS REPORT ON PUBLIC WORKS FACILITY CONSTRUCTION 9. (5 MIN) MAYOR 10. (15 MIN) COUNCIL PARKING AND MEETING ROOMS ARE ACCESSIBLE FOR PERSONS WITH DISABILITIES. CONTACT THE CITY CLERK AT 771-0245 WITH 24 HOURS ADVANCE NOTICE FOR SPECIAL ACCOMMODATIONS. THE COUNCIL AGENDA APPEARS ON CHAMBERS CABLE, CHANNEL 32.