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06/20/1989 City CouncilTHESE MINUTES SUBJECT TO JUNE 27, 1989 APPROVAL EDMONDS CITY COUNCIL MINUTES JUNE 20, 1989 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT Larry Naughten, Mayor Bill Kasper, Council President Steve Dwyer, Councilmember Laura Hall, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember John Nordquist, Councilmember Jack Wilson, Councilmember Dave Berdine, Student Rep. STAFF Mary Lou Block, Planning Div. Mgr. Jack Weinz, Fire Chief Jim Barnes, Parks & Rec. Div. Mgr. Bob Alberts, City Engineer Gordy Hyde, Engineering Coordinator. Dan Prinz, Police Chief Leigh Francis, Assoc. City Planner Art Housler, Admin. Svc. Director Gary McComas, Fire Marshal Peter Hahn, Comm. Svc. Director Bobby Mills, Public Works Supt. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder The Council recessed to an executive session at 7:01 p.m. to discuss a property acquisition and legal matter and reconvened at 7:20 p.m. CONSENT AGENDA Items (B), (D) and (0) were removed from the Consent Agenda. COUNCILMEMBER WILSON MOVED, SECOND- ED BY COUNCILMEMBER JAECH, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. .MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL Ct?a-��ry (C) Com 74 (f ) (G) (K) ,> (M) acf.." L ray ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM TODD AND ELAINE CRENSHAW (UNKNOWN AMOUNT), RACHEAL MARTIN ($270.24), AND NANCY M. ARTIM ($68) APPROVAL OF ESPERANCE ANNEXATION AGREEMENT WITH FIRE DISTRICT I APPROVAL OF FUNDING CONTRACT WITH COMIMUNITY HEALTH CENTER OF SNOHOMISH COUNTY AUTHORIZATION FOR FIREWORKS STAND PERMITS AUTHORIZATION FOR MAYOR TO SIGN PRISON DETENTION AGREEMENT WITH CITY OF LYNNWOOD AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH SNOHOMISH COUNTY REGARDING AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM SERVICES ADOPTED RESOLUTION 686 COMMENDING STUDENT REPRESENTATIVE DAVE BERDINE ADOPTED ORDINANCE 2718 PRESCRIBING ADDITIONAL PEI:ALTIES FOR CONTROLLED SUBSTANCES VIOLATIONS ADOPTED ORDINANCE 2719 AMENDING EDMONDS CITY CODEE CHAPTER 4.22 REGARDING KEG REGISTRATION AUTHORIZATION TO SOLICIT BIDS FOR TRAFFIC COUNTERS AND FUNDING AUTHORIZATION ($4,500) AUTHORIZATION FOR MAYOR TO SIGN EQUESTRIAN FACILITIES AGREEMENT WITH 4-H TUMBLEWEEDS AND BOYS/GIRLS CLUB ($8,000) ADOPTED ORDINANCE 2720 AMENDING CITY CODE TO AUTHORIZE WAIVER OF LICENSE FEES FOR GUIDE AND SERVICE DOGS APPROVAL OF MINUTES OF JUNE 6_, 1989 [ITEM (8) ON THE CONSENT AGENDA Councilmember Hertrich made the following corrections: page 2, end of paragraph 3, insert the words, "Councilmember Hertrich felt that Councilmember Wilson should not change his vote because it was in conflict with the intent of the Community Development Code"; page 4, paragraph 2, in- clude the criteria for determining the number of spaces eligible for payment in lieu of construct- ing off-street parking: (a) the amount of available on -street parking in the immediate area; (b) the number of customers likely to be attracted by the particular use, as compared to the general category or use established by this chapter; and (c) whether the proposal will detract from the possibility of future central parking lots; paragraph 3, correct the sentence to read, "Council - member Hertrich inquired about the cost to develop a parking stall in a parking lot"; page 13, paragraph 9, Councilmember Hertrich said he thought Councilmember Kasper either did not vote or voted no and the minutes indicated a unanimous yes vote. He requested that the minutes of the tape be referenced to clarify that issue. The City Clerk later listened to the tape, and there was an audible "yes" vote from the Council as a group. There were no "no" votes. Neither was there' a roil call vote. Councilmember Kasper did not make any comment after the motion was made. Councilmember Wilson was the only one to comment on the motion before the vote was taken (although his remarks were not in the minutes). Councilmember Nordquist noted that he was absent at the June 6 meeting, but the minutes indicate both his presence and absence. Councilmember Hall referred to page 11, paragraph 4, noting that Snyder is spelled S-C-H-N-E-I-D- E-R. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE THE MINUTES AS CORRECTED. Councilmember Jaech pointed out that approval of the minutes should be deferred until the tapes of the meeting are referenced to clarify the action on the motion on page 13. -COUNCILMEMBER HALL WITHDREW THE MOTION. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO DEFER APPROVAL OF THE JUNE 6 MIN- UTES UNTIL JUNE 27, 1989. MOTION CARRIED. FOR MAYOR TO SIGN I TO FUND A SNOHOMISH HEALTH DISTRICT COST yPc� CONSENT AGENDA Councilmember Dwyer inquired if the Council has ascertained if the results of the study will be binding on the parties to the study. Councilmember Hall suggested that consideration of the item be deferred because a letter that the Health District received from the County was not recorded by the Health Board yet. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO DELAY CONSIDERATION OF ITEM (D) INDEFINITELY. MOTION CARRIED. The City Clerk inquired if she should return the original agree- ment.and was told she should. AUTHORIZATION FOR MAYOR TO SIGN VENDING MACHINES CONTRACT [ITEM (0) ON THE CONSENT AGENDA] Councilmember Hertrich suggested that the City purchase vending machines that cannot be tipped over. He was concerned about the safety of children and adolescents because he had recently read an article in the newspaper that young people were getting injured when the machines were tipped over. Parks & Recreation Division Manager Jim Barnes said he contacted a vending machine company who informed him that all vending machines can be tipped over. He said, however, Canteen Servic- es will secure the machines to the wall or to each other so they cannot be tipped over. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE ITEM (0). MOTION CAR- RIED. AUDIENCE Bruce Johnson, 10406 - 226th P1. S.W., requested that Item &9 on the agenda, Hearing on Westgate 'L.Study Recommendation, be delayed until another date because a majority of interested citizens d+ intended to go to the Community Services Building because he said the notice posted that address as the meeting place rather than the Plaza Room. City Clerk Jackie Parrett had a copy of the notice. She said that the notice did state that additional information could be obtained at the Planning Department but the posted meeting place was at the Plaza Room of the Library Building, 650 Main Street. Mr. Johnson said his neighbors were under the impression that the meeting place was at the Community Services Building. Councilmember Dwyer recommended that the Council hear the testimony of people who were in attendance for the hearing that evening but also schedule another hearing for those citizens who were not there because of the misunderstanding. EDMONDS CITY COUNCIL MINUTES Page 2 June 20, 1989 Jerry Lovell, 8927 - 192nd St. S.W., said he was one of the owners of the Creekside Apartment project located at 7th and Glen. Mr. Lovell said additional information has been submitted to Staff concerning the location of the bridge and alternatives for construction on the site. He requested the Council to reopen the hearing so they can consider that information. Jeff Palmer, 17510 - 76th Ave. W., noted that the Engineering Department was not opposed to his request to delete item 116, a light at the intersection of Meadowdale Beach Road and 76th Ave. W., from the Six year Transportation Improvement Program. He requested the Council to consider that item when reviewing the plan. Mayor Naughten closed the audience portion of the meeting. PRESENTATION OF RESOLUTION OF COMMENDATION TO STUDENT REPRESENTATIVE DAVE BERDINE A P-017Council President Kasper read Resolution 686 into the record commending Dave Berdine for demon- AtfAl strating exemplary dedication and diligence in his role as student representative on the Coun- cil. He presented Mr. Berdine with the resolution. Mr. Berdine expressed his appreciation for the opportunity to serve on the Council. He said he learned a great deal and that it was a good experience. Council President Kasper said the student representative for fall quarter will be from Woodway High School. PRESENTATION OF UNITED WAY YOUTH RECOGNITION AWARDS • Brian McIntosh noted that this is the fourth year that the United Way Volunteer Center has recog- nized outstanding youth volunteers who live in Snohomish County for their services. He said each year over four hundred agencies in the County are invited to nominate young volunteers to receive awards. Mayor Naughten presented awards to Aimee Bell, Meadowdale High School; Nicole Reeves, Woodway High School; Scottie Tyo, Brier Terrace Middle School; and Monica Young, College Place Middle School. He said these four young people all performed invaluable services as Junior Counselor Volunteers in the Edmonds Parks and Recreation Summer Day Camp. Each volunteered between 160 and 200 hours providing supervision and programming ideas for the children and were instrumental in producing happy campers. Mayor Naughten also presented awards to Angela Eisen, Lynnwood High School; Kerry Elliot, Mariner High School; and Jennifer Rogerson, Mountlake Terrace High School. He said they were volunteers at Stevens Memorial Hospital and spent 300 hours doing all types of hospital duties, some of which include: discharge of patients, deliver flowers, answer phones, take specimens to the lab, put charts together, stock supplies, pass meal/snack trays. Their supervisor, Laurie Palmer, insisted that without their help many hospital functions just would not get done. Mayor Naughten said the City is proud of the young people who contribute their time for volunteer services. He said those services contribute to the quality of life in Edmonds. HEARING ON WESTGATE STUDY RECOMMENDATION )1 For the convenience of the people who were in attendance for the hearing, COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO HEAR ITEM 16 BEFORE ITEM 15. MOTION CARRIED. Planning Division Manager Mary Lou Block said she prepared an extensive presentation for the public's benefit. She inquired if the Council would prefer to delay the presentation until a full assembly of interested citizens was present. Mayor Naughten inquired if the three .people in the audience who were interested in the hearing would mind waiting until August I for a full presentation. They rose and left the room. COUNCILMEMBER NOROQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO CONTINUE THE HEARING TO AU- GUST 1, 1989. MOTION CARRIED. HEARING ON PROPOSED ORDINANCE 2721 AMENDING COMMUNITY DEVELOPMENT CODE REQUIRING SPR_I_N_K_LERS IN NEW MULTI -FAMILY DEVELOPMENTS Fire Chief Jack Weinz reported that the 1988 Uniform Fire Code contains a revision that requires automatic fire extinguishing systems throughout every apartment three or more stories in height or containing more than 15 dwelling units, and every hotel three or more stories in height or EDMONDS CITY COUNCIL MINUTES Page 3 June 20, 1989 containing 20 or more guest rooms. Chief Weinz said the Fire Department feels this is a big step in addressing the life safety issue but also feels the risk to life is just as great in buildings with 5 to 15 units. Chief Weinz said the City may revise this section of the Code to include multi -family residential buildings with five or more dwelling units without State Building Code Council review and approv- al. Chief Weinz said it is the recommendation of Staff to approve the proposed ordinance requiring sprinkler systems in all multi -family residential buildings containing five or more dwelling units. Fire Marshal Gary McComas explained that State law allows the City to revise that section of the Code to include multi -family residential buildings with five or more dwelling units without re- view and approval by the State Building Code Council but a multi -family structure with less than five units requires their approval. Councilmember Hertrich inquired if State law addresses the necessity of a sprinkler system when a structure is remodeled. Chief Weinz said sprinkler systems are required for remodeled structures 'if the cost to remodel exceeds a specified percentage of the assessed valuation of the struc- ture. Councilmember Hertrich inquired if the number of fire hydrants for a structure can be reduced when a sprinkler system is installed. Chief Weinz replied negatively. City Attorney Scott.Snyder said there is no automatic reduction in those instances. He said, however, the Fire Marshal and Building Official have the ability to make modifications with respect to safety provi- sions of the Code. Councilmember Nordquist inquired if the Code considered apartment buildings and condominiums to be one in the same. Mr. Snyder replied affirmatively. Mayor Naughten opened the public portion of the hearing. No input was offered. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE ORDINANCE 2721 AMENDING THE COMMUNITY DEVELOPMENT CODE REQUIRING SPRINKLERS IN NEW MULTI -FAMILY DEVELOPMENTS. Councilmember Hertrich said he was in favor of the motion but advocated expansion of the use of sprinkler systems in areas that are not easily accessible, as well as tax incentives for builders who install sprinkler systems when not required to. Councilmember Kasper said he believed all new multi -family developments, regardless of their size, should be required to have sprinkler systems. MOTION CARRIED. Because there was a unanimous affirmative vote on the motion, Mr. Snyder submitted the immediate- ly effective ordinance to the City Clerk. HEARING ON PLANNING BOARD RECOMMENDATION TO AMEND COMMUNITY DEVELOPMENT CODE TO ALLOW CITY ENGINEER TO GRANT WAIVER OF PARKING LOT SLOPE REQUIREMENTS CDC-1-89/ PPLICANT: MONTE CLOUSTON) Councilmember Jaech said she lives directly across the street from the property affected by this proposal and has always stepped down when development of that property has been discussed. At the recommendation of the City Attorney, she stepped down from the dais. Councilmember Dwyer clarified that the Council was reviewing a generally applicable proposed Code amendment and not an amendment for a specific site. Planning Division Manager Mary Lou Block reported that on April 26, 1989, the Planning Board held a public hearing on the request of Monte Clouston to amend the Edmonds Community Development Code (ECDC) to allow the City Engineer to issue waivers to the maximum parking lot slope, Chapter 18.95.020 (D)_ The Board voted to approve the request subject to changes shown in the recommenda- tion. Ms. Block noted that copies of the proposed Code amendment, the Planning Board recommendation, and the minutes from the April 26, 1989 hearing were included in the Council packets. EDMONDS CITY COUNCIL MINUTES Page 4 June 20, 1989 Ms. Block said it is the recommendation of Staff to adopt the Planning Board recommendation and direct the City Attorney to prepare the necessary ordinance. Ms. Block said the present Code limits parking slopes to a maximum of 6%. However, Staff has been unable to determine a historical rationale for that maximum. Ms. Block said Mr. Clouston surveyed the cities of Lynnwood, Mountlake Terrace, Kirkland, Ever- ett, Brier and Bothell and found that two of those cities have a maximum parking lot slope re- quirement of 15% and the other cities have no slope requirement but generally use 15% as a guide- line. Councilmember Nordquist inquired if weather conditions were considered when the Code amendment was reviewed by Staff. City Engineer Bob Alberts replied affirmatively. Councilmember Nordquist was concerned that a 15% parking lot slope would be potentially hazardous during inclement weath- er. Mr. Alberts said a developer would be required to provide safety measures, i.e., raised asphalt blocks, to mitigate safety hazards. Councilmember Kasper inquired about the grade of Mr. Clouston's property. Mr. Alberts said the maximum grade is 14%. Councilmember Nordquist inquired why the grade is 14% when the Code re- quires a maximum 6% grade. Mr. Alberts said the footings for the retaining wall are considerably higher than the footings for the building, and Staff was not aware of that situation until after the asphalt was laid. Councilmember Hertrich:inquired what circumstances may exist on a property that would warrant the waiver of the slope requirement. Mr. Alberts said impacts to adjacent properties, i.e, a tall retaining wall, would be one factor. Councilmember Hertrich inquired what criteria Staff would rely upon in determining the grade of a slope. Mr. Alberts said the Code requires a maximum 6% grade. He said if a developer approached Staff with special circumstances which required a devia- tion from Code standards, the developer would be required to demonstrate the use and to mitigate any problems. City Attorney Scott Snyder stated that the developer would not be required to demonstrate why a greater slope is preferable but is required to demonstrate that no hazard will be created to the public as a result of a grant to the slope requirment. Mr. Snyder said a modification to the grade requirement will most likely be proposed by a develop- er to avoid the necessity of obtaining a conditional use permit to exceed the 500 cubic yard grading requirement. Mayor Naughten opened the public portion of the hearing. Monte Clouston, 22415 - koodway Park Rd., said his building was constructed in accordance with the plans that were submitted and approved by Staff. Mr. Clouston inquired why parking lot slopes cannot be adjusted, so long as they meet the Code, the same as driveway slopes are allowed to be adjusted. He said the proposed Code amendment will allow greater flexibility in the design of a project. Dick Hill, 1242 Coronado P1., said he was opposed to the Code amendment as a matter of princi- ple. He inquired why Staff should have the authority to grant a variance to the Code when the City Council had no such authority. Finis Tupper, 711 Daley, was opposed to the Code amendment because he believed it would create a potentially hazardous situation to the safety of the public, i.e, a driver may not set his/her brake, brake failure, inclement weather conditions which could cause a vehicle to slide. Jeff Palmer, Chairman of the Planning Board, said the Code allows a street to have a 14% slope. He said the proposed Code amendment will provide flexibility and help preserve the environment. He pointed out that the 6% slope will not"automatically be waived, but an applicant must demon- strate the merits of his/her proposal and Staff will determine whether or not it is feasible. Councilmember Dwyer inquired if the Planning Board discussed whether or not the basic variance procedure via the Hearing Examiner would be an appropriate route to seek a variance from the 6% slope requirement. Mr. Palmer replied negatively. He said the Planning Board only discussed what would be an acceptable range for the slope of a parking lot. Mr. Clouston said an applicant will be required to prove that a proposal to vary a slope from Code standards will not create a hazardous situation. He noted that -a speed bump was constructed on his property to prevent cars from sliding downhill. In addition, he said the curb is graded so water will drain off of it to prevent ice from forming in the winter. EWNOS CITY COUNCIL MINUTES Page 5 June 20, 1989 Councilmember Hertrich asked Mr. Clouston why he believed his project should be granted a waiver from the 6% slope requirement. Mr. Clouston said he believed a waiver would be appropriate be- cause he had submitted a site plan to Staff based on his experience with other cities. which depicted an existing 14% grade. Mayor Naughten closed the public portion of the hearing. Councilmember Dwyer inquired if Staff was aware of how long the 6% grade requirement has been in effect. Ms. Block said that provision was established a long time ago. Councilmember Dwyer inquired if the other municipalities that allow a greater slope have a mechanism for granting that variance. Ms. Block said the information that Mr. Clouston submitted to Staff indicates that Lynnwood has no slope limit, although the city engineer uses 15% as a guideline; Mountlake Terrace has no limit but the new code that will be adopted in the summer of 1989 indicates a 12% slope. She said she did not know if there was a mechanism in place to exceed those percentages. Councilmember Dwyer inquired why a proposal to exceed a slope requirement would not be reviewed by the Hearing Examiner as opposed to the City Engineer. Ms. Block said the City Engineer has more expertise in that area than the Hearing Examiner. Councilmember Dwyer inquired if there is a provision for notice to surrounding property owners when a proposal for a slope variation is submitted. Ms. Block replied negatively. Councilmember Hall inquired if the City Engineer would be comfortable making the decision to allow a greater slope when considering that no criteria has been established. Mr. Alberts re- plied affirmatively. He said, however, he would not object to delegating that authority to the Hearing.Examiner. Councilmember Kasper noted that FHA has an established 14% grade maximum. He said grade is very hard to measure, and he believed the City Engineer was more,qualified to make a judgement in that respect than the Hearing Examiner. Councilmember Kasper said he was in favor of the Code amend- ment. Councilmember Dwyer said he was uncomfortable rendering a decision that evening because the Plan- ning Board had not had a fair opportunity to discuss the matter fully and because Staff had not had an opportunity to survey surrounding communities. He was fearful that the City would make an incorrect decision before ascertaining that information and recommended that the issue be remand- ed to the Planning Board for discussion of the mechanism in which to hear proposals for slope variations and to allow Staff to survey the procedure of similar communities. Councilmember Hall and Councilmember Hertrich concurred. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ADOPT THE PLANNING BOARD RECOM- MENDATION AND DIRECT THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCE. MOTION FAILED WITH COUNCILMEMBER KASPER AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER DWYER, COUNCILMEMBER HALL, COUNCILMEMBER HERTRICH AND COUNCILMEMBER NORDQUIST OPPOSED. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO REMAND THE MATTER TO THE PLANNING BOARD FOR FURTHER CONSIDERATION AND DIRECT THE PLANNING DEPARTMENT STAFF TO SURVEY COMPARABLE CITIES TO DETERMINE IF THERE ARE OTHER CITIES THAT HAVE A PROVISION SIMILAR TO THE PROPOSED AMEND- MENT, AND SUBMIT THAT INFORMATION TO THE PLANNING BOARD. MOTION CARRIED. HEARING ON APPEAL OF ADS DECISION REGARDING LANDSCAPING AT 1233 OLYMPIC VIEW DR. (AP-19-89 APR APPELLANT: PATRICIA PAGE Councilmember Hertrich said he testified at the Architectural Design Board (ADB) meeting and would step down from the dais. Planning Division Manager Mary Lou Block reported that on May 3, 1989 the ADS heard a request for several site changes on the Page Realty Property at 1233 Olympic View Drive. The Board condi- tioned approval on installation of a five foot wide landscaped strip which had been shown on the originally approved landscape plan. The landscaping is to be located at the north side of the property adjoining the fence. This strip is part of an area extending from the west side of the building to landscaping near the west property line, which has been paved and used for parking. Ms. Block said Ms. page appealed the requirement to install the landscaping. Ms. Block said Staff generally does not make recommendations on ADS decisions_ Patricia Page, 9630 Blake Pl., showed a slide presentation of the subject property. She noted that the area in question is not visible from the street. She said there is a fence between the subject property and the residential property and a significant amount of vegetation on the resi- dential side of the fence, which provides an adequate buffer between the two properties. EDMONDS CITY COUNCIL MINUTES Page 6 June 20. 1989 Ms. Page submitted two letters to the City Clerk for distribution to the Council: 1) a letter from Lake Shore Properties in support of her position (marked Exhibit f1); 2) a letter from Don Van Oriel stating that a landscaped strip was originally proposed in the plans he submitted to the City but was subsequently deleted because the garbage company requested access to the dumpster and the City approved the construction of the existing fence (marked Exhibit f2). Ms. Page said the asphalt was installed by the previous owner. Ms. Page said she was appealing the ADB decision because she felt it was unreasonable to request her to remove asphalt that was placed there by a previous owner in order to plant a landscaped area that serves no purpose. City Attorney Scott Snyder noted that the letters were placed on the table by the door for public viewing. Mayor Naughten opened the public portion of the hearing. Jane Cunningham, 1030 Grandview St., submitted a site plan to the City Clerk for distribution to the Council drafted for Don Van Driel (marked Exhibit 13) Ms. Cunningham said she has lived in her home for thirty-eight years and has watched the subject property evolve over the years. She said the site plan depicts a landscaped area in the north- west. -corner and a five foot landscaped strip on the north elevation. She noted, however, that the five foot strip was not planted but asphalt was placed up to the fence instead. Ms. Cunningham said the Pages paved the area in question without first obtaining approval from the City. She said the area by the fence is used for additional parking. Ms. Cunningham requested the Council to uphold the AD8 decision. David Page, 9630 Blake Pi., said he and his wife purchased the property in question to conduct a neighborhood business. He said they have been maligned and harassed by citizen groups and neigh- bors since they moved in. Mr. Page said they bought the residentially zoned property to park their mobile home on and as a play area for their children when they lived upstairs. He said it was later used on Monday morn- ing for additional parking when special meetings were held. He said he was unaware that it was zoned residential because the rest of the property is zoned for business. Mr. Page said it is difficult to conduct business because they feel as if they are constantly being surveilled. Dick Hill, 1242 Coronado Pl., inquired if any part of the property was not an impervious sur- face. Ms. page said there are landscaped beds on the property. Mayor Naughten closed the public portion of the hearing. In response to a question by Councilmember Wilson, Ms. Block said landscaping was included in the originally -approved plans but was not required. She said the project was reviewed and approved by Staff, which included pavement up to the fence. Councilmember Wilson said the five foot land- scaped area is not visible from the road, and he saw no benefit in requiring the appellant to remove the asphalted area and install a landscaped area. Councilmember Hall concurred. Ms. Block said the issue is before the Council because changes were made on site that were not ap- proved, i.e., paving the residentially zoned area. She said the Pages submitted a site plan to the ADB for approval of those changes and have appeared before the Board as recently as May of this year. She said planters were proposed but the AD3 preferred that a five foot landscaped area be planted instead. Ms. Block said a fence with landscaping would be required at the present time for any new proposal. Councilmember Dwyer said it appeared from the file that a number of things occurred that were inconsistent with Code requirements and City Staff has become involved in trying to bring the sub- ject property into conformance. He said he would be uncomfortable if the Council rendered a decision based on a mischaracterization of a vendetta from a Staff member because that was not the case. He felt Staff has followed proper procedures. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER KASPER, TO UPHOLD THE APPEAL OF THE ADB DECISION AND INSTRUCT THE APPELLANT TO PLACE THE PLANTER BOXES AS THEY HAVE PROPOSED, SUBJECT TO AESTHETIC APPROVAL BY STAFF, AND CLOSE THE HEARING. A ROLL CALL VOTE WAS TAKEN. A TIE VOTE OCCURRED WITH COUNCILMEMBER KASPER. COUNCILMEMBER HALL, AND COUNCILMEMBER WILSON IN FAVOR; COUN- CILMEMBER DWYER, COUNCILMEMBER JAECH, AND COUNCILMEMBER NOROQUIST OPPOSED. MAYOR NAUGHTEN BROKE THE TIE VOTE BY VOTING IN FAVOR OF THE MOTION BECAUSE,HE SAID THE AREA IN QUESTION IS NOT VISIBLE FROM THE STREET. EDMONDS CITY COUNCIL MINUTES Page 7 June 20, 1989 COUNCIL DELIBERATION ON 1990-96 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM AND ADOPTION BY (, LUTrOW 7 (FROM JUNE b HtAR1NG) Councilmember Dwyer inquired if anyone besides Mr. Palmer wished to delete the traffic signal at the intersection of Meadowdale Beach Road and 76th Avenue West from the Transportation Improve- ment Program {TIP). Community Services Director Peter Hahn replied negatively. Councilmember Kasper noted that items were included in the TIP that were agreed not to be accom- plished in 1989 and 1990. He felt that some of the roads included in the TIP should be upgraded by an L.I.D. and not with City funds. He thought City funds should be used to repair existing City streets and not to construct new street that should be funded by the developer. It was the consensus of the Council to adopt the TIP in order to meet the deadline but to priori- tize items at a later time. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, TO ADOPT THE SIX YEAR TRANSPORTA- TION IMPROVEMENT PROGRAM. MOTION CARRIED. Councilmember Kasper said funds should be allocated to repair existing City streets rather than to install new signalization, crosswalks and sidewalks. PROPOSED ORDINANCE 2722 RELATING TO COUNCIL PRESIDENT Council discussion ensued regarding the provisions of the proposed ordinance. In response to a question by Councilmember Hertrich, City Attorney Scott Snyder said the City is prohibited from increasing the compensation paid to an officer during his term of office. He said, however, a term of office can be terminated and the provisions of that term changed. Councilmember Hertrich thought it was inappropriate to elect a Council President in the middle of the year and increase the salary. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE ORDINANCE 2722. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER KASPER, COUNCILMEMBER HALL, COUNCILMEMBER JAECH, COUNCILMEMBER NORDQUIST, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER DWYER AND COUN- CILMEMBER HERTRICH OPPOSED. MAYOR Mayor Naughten noted that the Art Festival was a resounding success. Mayor Naughten said he will be on vacation next week. Mayor Naughten announced that the Edmonds Windermere Realty has volunteered to refurbish the Wade James Theatre and will commence the job on Friday at 7 a.m. Mayor Naughten said the City has entered into a contract with the Driftwood Players to maintain the grounds. Mayor Naughten said Walt Wagoneaster has asked the Council to reconsider the City's burning per- mit rules and regulations. Councilmember Jaech noted that that issue was forwarded to the Fire Chief. Mayor Naughten noted that Olympic View Water and Sewer District has appealed the Boundary Review Board decision. Mayor Naughten announced that the 212th Street annexation has been finalized. City Attorney Scott Snyder stated that he submitted Findings of Fact and Conclusions of Law re- garding the Vandeman appeal, which will appear on the Consent Agenda next week unless the Council took action with respect to Mr. Lovell's request to reopen the hearing regarding the access at 7th and Glen for the Creekside Apartments. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO RECONSIDER THE ITEM AND SCHEDULE A HEARING ON JULY 5, 1989. Councilmember Hertrich thought the issue should be heard by the ADB. MOTION CARRIED WITH COUNCILMEMBER JAECH AND COUN- CILMEMBER HERTRICH OPPOSED. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO REMOVE FROM THE TABLE THE GRADING PERMIT AGENDA ITEM FOR THE CREEKSIDE APARTMENTS. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 8 June 20, 1989 Mr. Snyder advised Councilmember Dwyer and Councilmember Nordquist to listen to the tapes of the hearing if they wished to participate in the July 5 hearing. Student Representative Dave Berdine noted that the Teen Beach Dance was a success. Student Representative Dave Berdine'volunteered to assist any Councilmember who was running for reelection next year. He thanked the Council again for the opportunity to serve on the Council. ^� Councilmember Wilson wished Mr. Berdine well. He noted that Mr. Berdine was unique in that he l� served on the Council as a sophomore and was elected as Student Body President for two terms. He encouraged him to appear before the Council to discuss any issues relating the the high school. Councilmember Jaech requested the Code Enforcement Officer to investigate the billboard on the sidewalk at Allied Roofing Company advertising insulation. Councilmember Jaech inquired if the cable company is required to hold a hearing for increases for monthly service fees. Mr. Snyder replied negatively. He said, however, the Committee intends to hold a hearing with respect to issues related to the cable company. V Councilmember Hertrich noted that one of the Councilmembers recently used a City vehicle for an extended period of time. He thought the Council should establish a policy whereby the Mayor P would be the person to authorize use of a City vehicle and rental of that vehicle would be funded from the Council Contingency Fund. Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER HALL MOVED, SECONDED BY 000NCILMEM- BER DWYER, TO EXTEND THE MEETING. MOTION CARRIED. Mayor Naughten said Staff would draft a policy and submit it to the Council for review. Councilmember Hall said she attended the AWC convention and there were some very good sessions. She encouraged more Councilmembers to attend future conventions. Councilmember Hall said Barbara Kindness has invited the Council to a reception at Brusseau's on July 9 for the Drum & Bugle Corps members. Councilmember Nordquist inquired if some of the new proposals for MEBT have been submitted to the City Attorney's office. Mr. Snyder said he has not been involved in those procedures. Council - member Nordquist was concerned that the Council was not privy to the meetings in which new poli- cies have recently been proposed. City Clerk Jackie Parrett said the Council received notices of meetings which she believed were invitations to attend. Council President Kasper pointed out that the meetings were held at a time when the Council could not attend. Ms. Parrett said the meetings were designed to inform the employees, and the item is scheduled for consideration by the Council on next week's Council agenda. ,y Councilmember Nordquist noted that comp time was discussed at the Council retreat, and he asked what action has been taken on the Council's concerns. Mayor Naughten said a committee has beer appointed to review that issue and a report will be submitted to the Council. Councilmember Dwyer requested that a recapitulation of the Council's discussion at the retreat also be provided to the Council. The meeting adjourned at 10.15 p.m. THESE MINUTES ARE SUBJECT TO JUNE 27, 1989 APPROVAL. JA UELINE G. PARRETT, City Clerk ,�/� X g' LARRY S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 9 June 20, 1989 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILOING 7:00 - 10:00 P.M. JUNE 20, 1989 CALL TO ORDER FLAG SALUTE " 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF JUNE 6, 1989 (C) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM TODD AND ELAINE CRENSHAW (UNKNOWN AMOUNT), RACHEAL MARTIN ($279.24), AND NANCY M. ARTIM ($68) (0) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT TO FUND A SNOHOMISH HEALTH DISTRICT COST OF SERVICE STUDY AND ESTABLISH CRITERIA FOR CONTROL OF 1989 HEALTH DISTRICT BUDGET (E) APPROVAL OF ESPERANCE ANNEXATION AGREEMENT WITH FIRE DISTRICT 1 (F) APPROVAL OF FUNDING CONTRACT WITH COMMUNITY HEALTH CENTER OF SNOHOMISH COUNTY (G) AUTHORIZATION FOR FIREWORKS STAND PERMITS (H) AUTHORIZATION FOR MAYOR TO SIGN PRISON DETENTION AGREEMENT WITH CITY OF LYNNWOOD 7 (I) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH SNOHOMISH COUNTY REGARDING AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM SERVICES (J) PROPOSED RESOLUTION 686 COMMENDING STUDENT REPRESENTATIVE DAVE BERDINE (K) PROPOSED ORDINANCE 2718 PRESCRIBING ADDITIONAL PENALTIES FOR CONTROLLED SUBSTANCES VIOLATIONS (L) PROPOSED ORDINANCE 2719 AMENDING EDMONDS CITY CODE CHAPTER 4.22 REGARDING KEG REGISTRATION (M) AUTHORIZATION TO SOLICIT BIDS FOR TRAFFIC COUNTERS, AND FUNDING AUTHORIZATION (N) AUTHORIZATION FOR MAYOR TO SIGN EQUESTRIAN FACILITIES AGREEMENT WITH 4-H TUMBLEWEEDS AND BOYS/GIRLS CLUB ($8,000) (0) AUTHORIZATION FOR MAYOR TO SIGN VENDING MACHINES CONTRACT (P) PROPOSED ORDINANCE 2720 AMENDING CITY CODE TO AUTHORIZE WAIVER OF LICENSE FEES FOR GUIDE AND SERVICE DOGS 2. AUDIENCE 3. PRESENTATION OF RESOLUTION OF COMMENDATION TO STUDENT REPRESENTATIVE ( 5 MINUTES) DAVE BERDINE 4. PRESENTATION OF UNITED WAY YOUTH RECOGNITION AWARDS (10 MINUTES) 5. HEARING ON PROPOSED ORDINANCE 2721 AMENDING COMMUNITY DEVELOPMENT CODE (20 MINUTES) REQUIRING SPRINKLERS IN NEW MULTI -FAMILY DEVELOPMENTS 6. HEARING ON PLANNING BOARD RECOMMENDATION TO AMEND COMMUNITY DEVELOP- (30 MINUTES) MENT CODE TO ALLOW CITY ENGINEER TO GRANT WAIVER OF PARKING LOT SLOPE REQUIREMENTS (COC-1-89/APPLICANT: MONTE CLOUSTON) 7. HEARING ON APPEAL OF ADS DECISION REGARDING LANDSCAPING AT 1233 (20 MINUTES) OLYMPIC VIEW DR. (APPELLANT: PATRICIA PAGE) (ADB-9-89/AP-19-89) 8. HEARING ON WESTGATE STUDY RECOMMENDATION (45 MINUTES) 9. COUNCIL DELIBERATION ON 1990-95 SIX -YEAR TRANSPORTATION IMPROVEMENT (10 MINUTES) PROGRAM, AND ADOPTION BY RESOLUTION 687 (FROM JUNE 6 HEARING) 10. PROPOSED ORDINANCE 2722 RELATING TO COUNCIL PRESIDENT (10 MINUTES) 11. MAYOR 12. COUNCIL 13. EXECUTIVE SESSION - PROPERTY ACQUISITION AND LEGAL MATTER (20 MINUTES) THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE