07/18/1989 City CouncilTHESE MINUTES SUBJECT TO
JULY 25, 1989 APPROVAL
EDMONDS CITY COUNCIL MINUTES
JULY 18, 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
CONSENT AGENDA
STAFF
Jack Weir._, Fire Chief
Duane Bowan, Asst. City Planner
Peter Hahn, Comm. Svc. Director
Brent Hunter, Personnel Manager
Bobby Mills, Pubiic Works Supt.
Scott Snyder, City Attorney
Jackie Parrett, City Clerk
Margaret Richards, Recorder
Item (G) was removed from the Consent Agenda. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEM-
BER HALL, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on
the Consent Agenda include the following:
(A) ROLL CALL
(B) APPROVAL OF MINUTES OF JULY 5, 1989
(C) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WIT- KATHLEEN FIELDS
tl FOR JUDGE PRO TEM SERVICES
�ild�lnc. (D) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRAACT WITH KRISTEN ANDERSON
FOR JUDGE PRO TEM SERVICES
(E) ACCEPTANCE OF QUIT CLAIM DEED FROM JEFFREY AND LYNN E. GREAVES FOR DEDICATION OF
�Jh �R,reti STREET RIGHT-OF-WAY AT 809 - 14TH ST. S.W.
(F) COUNCIL CONFIRMATION OF MAYOR'S APPOINTMENT OF SISTER CITY COMMISSION
(H) FINAL ACCEPTANCE OF CONTRACT PROCUREMENT BY WESCO COMPANY OF PHASE I OF DOWNTOWN
,ZT T DECORATIVE STREET LIGHT PROJECT, AND SET 30 DAY RETAINAGE PERIOD
•i9s9 �iz`�''�°`� ( I ) REPORT ON BIDS OPENED JULY 18, 1989 FOR 1989 OVERLAY PROGRAM, PHASE I I , AND AWARD OF
CONTRACT TO LAKESIDE INDUSTRIES ($117,192)
P (J) AUTHORIZATION TO PURCHASE LINDBLOO14 PROPERTY FOR PUBLIC WORKS FACILITY
(K) FINAL E ACCEPTANCOF PERIOD
BY BURWICK FENCE CO. ON PUBLIC WORKS SECURITY FENCE, AND SET
30 DAY
SET DATE OF AUGUST 1, 1989 FOR HEARING ON FINAL PLAT OF HARBOR HILLS [ITEM (G) ON CONSENT AGENDA
Mayor Naughten said a hearing will not be scheduled for approval of Harbor Hills but final approv-
al of the plat will appear on next week's Consent Agenda.
COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO DELETE ITEM (G) FROM THE CONSENT
AGENDA. MOTION CARRIED.
AIIn1 FNrr
Mayor Naughten opened the audience portion of the meeting. No public input was offered. Mayor
Naughten closed the audience portion of the meeting.
ELECTION OF COUNCIL PRESIDENT AND COUNCIL PRESIDENT PRO TEM
In consideration of people who were present for the hearings, COUNCILMEMBER HERTRICH MOVED, SEC-
ONDED BY COUNCILMEMBER JAECH, TO DISCUSS THAT ITEM FOLLOWING ITEM r7 ON THE AGENDA.
Councilmember Hall said the issue was discussed at length at the retreat and she was prepared tc
vote.
A ROLL CALL 'TOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH,
COUNCILMEMBER JAECH, AND COUNCILMEMBER NORDQUIST IN FAVOR; COUNCILMEMBER KASPER, COUNCILMEMBER
HALL, AND COUNCILMEMBER WILSON OPPOSED.
HEARING ON PROPOSED SCOPE OF WORK FOR FERRY STUDY
Mayor Naughten recognized Don Nutter, Planning Director for the Washington State Ferry System, in
the audience.
Community Services Director Peter Hahn reported that the City Council invited public input into
the scope and review process of a potential study of the Edmonds ferry. Based on that input, the
Council will establish a format for conducting the study.
Mr. Hahn noted that a draft Memorandum of Understanding (MOU) had been submitted by the State but
was rejected by the Council. He said a City draft MOU was prepared, which will be reviewed by
the Council in light of the public testimony, revised, and then executed prior to initiating the
study.
Ben Dysart, Secretary of Washington State Ferry Riders Coalition, Bainbridge Island, said the
organization represents ferry users from British Columbia to Gig Harbor.
Mr. Dysart submitted a pamphlet and a copy of his testimony to the City Clerk (marked Exhibit 1).
Mr. Dysart said one of the objectives of the organization is to try to insure that State ferry
system managers and planners thoroughly and objectively evaluate terminal expansion, revision or
relocation.
Mr. Dysart noted that a recent study indicated that ferry ridership in the cross Sound routes
will increase by 45% by the year 2,000 and that the Edmonds/Kingston route will experience an
increase by 79%.
Mr. Dysart said although the site just north of Union Oil has been discussed as an alternate site
for the ferry terminal, he did not believe that an access road would be constructed through the
wetlands and wildlife sanctuary within his lifetime. He added that the wind and water depth
conditions at that location are not best suited for year-round ferry operation.
Mr: Dysart said better coordination between land and water transportation is a vital element to
improving service and meeting future regional transportation needs. He said the objective is not
to transport vehicles per se but to transport people and freight in the most efficient manner,
which means setting people out of their private vehicles and into mass transportation conveyances.
Natalie Shippen, 1022 Euclid, submitted a document to the City Clerk.
Ms. Shippen said the proposal by the State for overhead ramp loading, a second pier, and a wid-
ened dock was a closed issue because the Edmonds City Council official opposed that option sever-
al years ago. It was Ms. Shippen's belief that the study should only address ways to "ease the
commuters' and recreational users' and Edmonds' ferry situation".
Ms. Shippen requested the City to not appoint a Steering Committee. She felt the Council should
have first-hand knowledge of all information that is presented by the consultant and public rath-
er than hearing it through the Committee. She requested the Council to establish a thirty min-
utes.public comment and question period each time the consultant reports to the Council.
Bill McLaughlin, 114 - 2nd Ave. S., Treasurer of the Edmonds Chamber of Commerce and business
owner, said the business community has a vital interest in the location of the ferry terminal,
its size and traffic pattern. He said the business community wishes to be involved in any commit-
tees that are formed to address the ferry issue. He urged the Council to work with the Chamber
of Commerce.
Jeff Palmer, 17510 - 76th Ave. W., referenced Item 4-C of the MOU and recommended that the study
specifically consider the area bounded by Railroad Avenue, SR104, Main Street and Dayton Street,
as well as consider the possibility of satellite parking facilities.
Mayor Naughten closed the public portion of the hearing.
Councilmember Hall concurred with Ms. Shippen that the Council should be involved in all discus-
sions rather than obtain information through the Committee and to allow public input at each
meeting.
EDMONDS CITY COUNCIL MINUTES
Page 2 July 18, 1989
In response to a concern that Mr. McLaughlin had with respect to the interests of the business
community, Councilmember Hertrich noted that Item 8-E of the MOU addresses that very issue.
Mr. Hahn noted that Mr. Mutter authored item 4-E of the MOU which is, essentially, the provision
for a second slip. He said even though the City considers a second slip to be prohibitive, the
State has urged the City to include in the study the consideration of that alternative in ex-
change for a grant for SI00,000 for the study. Councilmember Hall inquired when the City would
receive those funds. Mr. Hahn said they will be received when the MOU is finalized.
Councilmember Kasper said one of the alternatives to ferry dock relocation that was discussed in
the past was access by way of the Pine Street underpass, staying on the hillside and over the
railroad tracks, and relocating the marine beach to the south. He said the City must plan for
the future and take steps at the present time in preparation for the future.
Councilmember Hall thought the Pine Street access might be an alternative for passenger -only
ferries which travel in a north/south direction.
Councilmember Hertrich said he read an article in the newspaper that local Amtrack service may be
available again but the train will not stop in Edmonds.
Mr. Hahn said the Puget Sound Council of Governments intends to discuss a passenger -only route in
a north/south direction in 1990. He said the Snohomish County Subregional Council met recently,
and he requested them to research all previous plans and contacts with Burlington Northern Rail-
road and Amtrack to ascertain why service will not be available from the area north of Seattle to
Everett. He said some of the reasons why service is not being considered in that area is because
the railroad tracks in that corridor are only single tracks rather than double tracks; secondly,
if rail service were available in Edmonds, the need for parking areas would arise. He questioned
if the City wanted to build parking lots near the waterfront for rail service.
Finalization of the scope and review process of the ferry study was scheduled on August 22, 1989
HEARING ON APPEAL OF ARCHITECTURAL DESIGN BOARD DECISION REGARDING SPRINKLERS IN LANDSCAPING AT
/1D 8 430 - 3RD AVE. S. ADB-66-88/ P-21-89 TAP PELL NT: BJ RN THUESEN
Assistant City Planner Duane Bowman reported that on May 3, 1989, the Architectural Design Board
(ADB) granted final approval for a twenty-nine unit apartment complex at 430 - 3rd Ave. S. for
Bjorn Thuesen. The Board called for a sprinkler system in the landscaped areas at the February
15th meeting and that condition was appealed.
Mr. Bowman said the applicant noted at the February 15th meeting that there is no irrigation
system at his development at Townhouse Greens, 19500-19612 80th Ave. W., and that the landscap-
ing is in excellent condition. He said the Board reasoned that future owners may not maintain
the property as well and that an irrigation system will insure that watering is provided, noting
that it is standard practice for the Board to require irrigation in projects with more than four
units.
Mayor Naughten opened the public portion of the hearing.
Bjorn Thuesen, 322 Main St., felt that maintenance of privately -owned property should not be
dictated by the City.
Mr. Thuesen said he, as well as other apartment owners, have invested large sums of money in
their developments and they are compelled to protect their investments, which includes maintain-
ing the grounds. He did not believe the City should require the installation of sprinkler sys-
tems.
Councilmember Wilson inquired why a sprinkler system was not required at Mr. Thuesen's develop-
ment on 80th Ave. W. Mr. Thuesen said he did not know.
Councilmember Hertrich inquired if the landscaped area was visible to the public. Mr. Thuesen
replied affirmatively. Councilmember Hertrich inquired if a guarantee could be made that the
landscaping would be irrigated if Mr. Thuesen sold his property. Mr. Thuesen replied negatively.
Mr. Thuesen felt the City has enacted too many ordinances, and those ordinances make it more
difficult for developers to construct a project.
In response to a statement by Councilmember Wilson, City Attorney Scott Snyder noted that the
City has enacted an ordinance that requires maintenance of planter areas, which has criminal
penalties if it is not observed.
EDMONDS CITY COUNCIL MINUTES
Page 3 July 18, 1989
Mr. Snyder said the sprinkler provisions have been a repeated finding of the ADB but are not
specifically addressed in City ordinances.
Mayor Naughten closed the public portion of the hearing.
Councilmember Jaech recalled that the ADB adopted the policy of requiring sprinkler systems in
commercial developments with more than four units because of a Council concern.
Councilmember Kasper inquired if Staff thought it would be feasible to extend the period for a
landscaping bond until such time that the plants have taken root and have a better chance of
survival, not to exceed five years, in lieu of a sprinkler system. Mr. Snyder noted that Chapter
17.80 provides a fine of $25 per day if a developer does not maintain or replace plants that have
died. Mr. Bowman said an alternative would be to require a developer to post a maintenance bond
for 15% of the performance bond for an extended period of time. He noted that Chapter 17.10 of
the Edmonds Community Development Code allows the Community Services Director to set bonding
requirements. Mr. Snyder reminded the Council that the bonding period cannot extend beyond five
years.
COUNCILMEMBER HERTRICH MOVED TO DENY THE APPEAL AND UPHOLD THE ADB DECISION. MOTION FAILED FOR
LACK OF A SECOND.
COUNCiLMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER KASPER, TO DELETE THE SPRINKLER SYSTEM
REQUIREMENT FOR LANDSCAPING AT 430 - 3RD AVE. S. AND HAVE THE COMMUNITY SERVICES DIRECTOR. SET A
FIVE YEAR BONDING ARRANGEMENT THAT WILL COVER ANY CONTINGENCY.
Councilmember Hall said an irrigation system will not insure that the landscaped areas are wa-
tered because it can malfunction. She felt an assurance bond, and not an irrigation system, was
the solution.
Councilmember Dwyer inquired if it was inherent in the motion that the appellant could either
install an irrigation system at his option or post a maintenance bond for five years. COUNCILPIEM-
BER WILSON SAID HE WOULD AGREE TO INCORPORATE THAT PROVISION INTO THE MOTION IF THE SECONDER
AGREED. COUNCILMEMBER KASPER .AGREED.
Councilmember Kasper felt that the issue of whether or not to require sprinkler systems should be
addressed by the City and an ordinance should be enacted.
MOTION CARRIED WITH COUNCILMEMBER HERTRICH OPPOSED.
44...2- HEARING ON CITY COUNCIL
/ t— u DENYING REQUEST FOR HE]
RALPH HUIZINGA
City Attorney Scott Snyder noted that the hearing notice specified that any testimony given at
prior hearings was a part of the record before the Council but the public could summarize prior
testimony.
Assistant City Planner Duane Bowman reported that on May 2, 1989, the City Council held a public
hearing on the appeal of Ralph Huizinga for a request of a height variance on Lot 7 of the
Planned Residential Development (PRO) of Eagle's Crest. The City Council voted to deny the ap-
peal and uphold the Hearing Examiner's decision. Mr. Bowman said the Council voted to reconsider
their decision on June 6, 1989 and set July 18, 1989 as a date to hold the reconsideration hear-
ing. The Council asked Staff to prepare a presentation outlining the background events that led
to the approval of the Eagle's Crest PRO.
Mr. Bowman noted that copies of the minutes from the May 2, 1989 Council meeting, a chronology of
City actions involving the PRD, and copies of the original PRD site plan and building cross -
sections were included in the Council packets.
Mr. Bowman said the variance file and the original large copies of the PRD plans were placed in
the City Council office Friday afternoon for viewing prior to the hearing.
Mr. Bowman said the original PRD was approved by the City Council on the basis of schematics
which clearly showed the homes with first floor entries at road grade. The proposal made by the
appellant is consistent with the original concept.
Mr. Bowman noted that the Hearing Examiner's decision in this case is a clear departure from his
and the City's position in previous practices.
IDERATION OF ACTION TAKEN ON APPEAL OF HEARING EXAMINER DECISION
EDMONDS CITY COUNCIL MINUTES
Page 4 July 18, 1989
* Councilmember Dwyer said although several height variances have been approved for PRD's, he noted
that the case before the Council is not the first instance in which the issue of whether or not
it was proper to grant a variance in PRO's has been raised.
Mr. Bowman said a PRO is similar in nature to a regular plat but a regular plat is a more two
dimensional -type of development. He said a standard plat application is a mechanism for creating
building lots in the division of land. He noted that bulk and dimensional requirements and their
configuration are reviewed under a standard plat application but a third aspect, building height,
which is part of the criteria of a PRO, is not a consideration.
Mr. Bowman said the overall design concept is taken under consideration for a PRD application,
which includes ADB review, Hearing Examiner review, and approval by the City Council. He said
the two-dimensional aspects are flexible but the height criteria and density are very rigid. He
pointed out that the City has allowed height variances for PRO's in the past.
Mr. Bowman said the site plan in question covers 3.9 acres. The original design concept depicted
homes daylighting over the hillside and relating back to a looped road to give the effect of a
first floor elevation at road level.
Mr. Bowman said the City must decide how it ultimately wants the development to look. He re-
viewed three illustrations of hillside development and building heights with the Council.
Councilmember Dwyer inquired how the issue before the Council differed from the owner who wished
to build a victorian-style home several years ago. Mr. Hahn said the owner of that property had
not submitted any conceptual plans to the City. Mr. Snyder added that the topography of that
property was within the tolerance average but the slope of the property in question in prohibi-
tive.
Mr. Bowman reviewed the following options for the Council: 1) uphold the Council's May 2, 1999
decision denying the height variance in PRO's per the Hearing Examiner's recommendation. Mr.
Bowman noted that the Hearing Examiner's decision is very definitive and states that height vari-
ances cannot be considered in a PRD; 2) overturn the Hearing Examiner's decision and allow the
individual property owners to apply for height variances and remand the case to the Hearing Exam-
iner per chapter 20.85; 3) uphold the Hearing Examiner's recommendation but remand the question
of building heights for sloping lots to the Planning Board; 4) overturn the Hearing Examiner's
recommendation and uphold the variance request of Mr. Huizinga.
Mr. Bowman said there is a potential in the particular case before the Council (and in other
developments throughout the City) that the development will ultimately end up being inconsistent
with the overall design concept if no mechanism is devised to address the issue of first floor
entry in relation to road grade for homes on a sloping lot.
Councilmember Hertrich inquired if the PRD process allows the clustering of homes. Mr. Hahn
replied affirmatively. Councilmember Hertrich inquired if the process allows greater density
than the underlying zone. Mr. Hahn replied negatively. He said only the allowable number of
homes dictated by the underlying zone can be constructed, but the homes may be sited differently
than a standard plat application.
Councilmember Dwyer inquired if it was possible that some lots in the PRD in question may not
have been buildable if the parcel was subdivided. Mr. Bowman replied affirmatively.
Mayor Naughten opened the public portion of the hearing.
Debbie Von Schuessler, 10717 - 229th P1. S.W., representing the appellant, expressed her apprecia-
tion to those Councilmembers who requested reconsideration of the Council's decision.
Ms. Von Schuessler said the site plan has been revised so that the structure will be closer to
the street and a height variance of only 5 feet, rather than the original request of 11 ft, is
now requested.
Ms. Von Schuessler said the question that she asked the Council on May 2, "Why a community devel-
opment code that has been interpreted in a consistent manner for the past ten years has suddenly
been viewed in reverse context without precedence or warning" still remains unanswered. She
appealed to the Council's sense of fairness and responsibility. She noted that the City has
consistently allowed individual height variances within PRD's.
John McKenny, owner of lot 1, Eagle's Crest, said the owner of Triple E Construction purchased
four of the lots within the PRD, and his architect stated that three of those lots are buildable
without a variance.
* See Council Minutes of July 25, 1989
EDMONDS CITY COUNCIL MINUTES
Page 5 July 18, 1989
Mr. McKenny said he was fearful that the owners of the remaining lots within the PRO, which he
believed are buildable, will request a height variance and the homes will block the view corridor.
Michael Chambers, 17129 - 72nd W., said he has observed the development of the PRO in question
since its inception and is pleased because the clearing of the land has created a view of the
Sound from his property.
Mr. Chambers said the owners of the lots were aware of the height limit when they purchased their
property. He said he did not object to street level entry, but he was concerned that the grant-
ing of one variance would create a domino effect and every other property owner would seek a
height variance in order to obtain a view of the Sound.
Lee Dastis, 7202 - 172nd, S.W., said the City will be barraged with requests for height variances
if they grant the application before the Council:
Ms. Dastis noted that ECDC 25.35.060 restricts the height limit to 25 feet in PRO's.
Walter Dastis, 7202 - 172nd S.W., noted that Mr. Huizinga's lot is recorded in Snohomish County
records as lot 7 but City records refer to his lot as lot 5.
Mr. Dastis refuted Ms. Von Schuessler's and Mr. Nord's previous testimony that prior to 1987 none
of the adjacent property owners had a view of Puget sound. He said he has always had a magnifi-
cent view of the Sound.
Mr. Dastis said the issue before the Council was not a situation of an established resident op-
posed to the construction of an adjacent home but, rather, a persistent effort on the part of the
developer, architect, and bank challenging the building codes of the City. He requested that the
variance request be denied.
Ken Astrof, 7311 - 172nd St. S.W., said his home is downhill from the PRD and he can see the
homes through the trees.
Mr. Astrof was concerned that the height variance, if granted, will allow a home to be construct-
ed that would be 40 to 60 feet in height from his perspective and that the granting of the vari-
ance will be the impetus for the other owners to seek variances and then he would be looking at 4
or 5 homes that would considerably exceed the height limit from his perspective.
Warren falls, 7207 - 173rd St. S.W., believed that the domino effect would occur if the height
variance is granted.
Mr. Falls said the PRD is inconsistent with the character of the area.
Mr. Falls said the owner of the property in question must have known that the lot was too steep
to construct a home with entry at road grade when he made a site inspection.
Earl Morris, 17306 - 73rd Ave. W., architect, said he saw no reason why the lots in question are
not buildable. He strongly urged the City to maintain the 25 foot height limit.
Richard Nord, 11809 - N.E. 74th, Kirkland, said he conducted a good portion of the development
work on the site.
Mr. Nord said height elevations are calculated by the original grade. He stated that there are a
number of homes in the PRD that could be constructed much higher than the 25 foot limit because
the original grade was higher before the roads were established.
Mr. Nord said he spoke with City Staff about the height restrictions and was informed that a
variance process was available. He said he, in turn, related that information to realtors who,
in turn, related that information to prospective buyers. Mr. Nord said he thought the owners of
the lots have a right to a variance based on information given by the City.
Mr. Nord refuted the statements by several residents that the PRD is a detriment to the communi-
ty. He said building heights in the PRD were calculated so that owners could access their homes
at street level and none of the adjacent neighbors seemed to object at the time that the plans
were available for public viewing. He said the cluster configuration provides a considerable
amount of open space and divides the clustered homes from the rest of the community. Mr. Nord
said to view the PRD as a detriment would be a serious error on the part of the Council.
EDMONDS CITY COUNCIL MINUTES
Page 6 July 18, 1989
Ron Caulder, of the law firm Miller, Nash, Meagher, Hager b Carlson, representing Spectrum Proper-
ties, referred to the Council's Finding of Fact II, which references 20.35.080 (B) and states, "A
PRO is approved by adoption of an ordinance approving the plans, its maps, drawings and exhib-
its". He noted that the design of the PRO in question is clearly depicted in maps, drawings and
exhibits in the approved PRD.
Mr. Caulder said choosing the interpretation of a code that is most restrictive of permitted uses
in a zone runs counter to a fundamental rule of interpretation, which is to allow property owners
the maximum use. In addition, Mr. Caulder said the legal interpretation and decision of the City
runs counter to the State policy of PRO's, which is to avoid a strict and harsh application of
zoning rules and to promote flexibility.
Mr. Caulder contended that there are no Findings of Fact to support the Conclusion in the City's
decision that the condition was caused by the developer.
Janice Falls, 7207 - 173rd St. S.W., said she contacted a majority of the surrounding neighbors
and no one is in favor of the height variance. She said they are fearful that the domino effect
will occur if the variance is granted.
Larry Dayhuff, 5521 - 101st St. S.W., was in favor of reconsideration of the height variance. He
said the home will be built below street level if the variance is not granted, which will create
a substandard hone that he does not wish to have in the neighborhood.
Mr. Dayhuff pointed out that if the home is built with a variance, it will create no more view
blockage than a home that is built without a variance.
Ms. Von Schuessler said Mr. McKenney was aware that other homes would be constructed in front 0
his when he purchased his lot.
Ms. Von Schuessler said the neighbors do not understand that the structure in question will look
like a single -story home from the street and will not be 30 feet in height. She said her parents
only wish to gain access to their home from street level.
Mayor Naughten closed the public portion of the hearing.
In response to Mr. Dayhuff's statement that a substandard home will be constructed if the vari-
ance is not granted, Councilmember Dwyer said a friend of his recently purchased a home in an
opulent area on the Eastside. He noted that many of the homes were constructed on the hillside
with entry below street level. So he said it does not necessarily follow that a neighborhood is,
in any way, degraded by homes that are built on a hillside with below -street entries.
With respect to the variance criteria, Councilmember Dwyer noted that special circumstances must
exist which deprive the owner of use, rights, and privileges permitted to other properties in the
vicinity with the same zoning. He did not believe that construction of a particular style of
home or construction of a home in a particular way is a vested right.
In preparation for the hearing, Councilmember Jaech said she drove around the City to see how
homes were constructed, and she came across a number of areas where homes were built with entranc-
es below street level.
Councilmember Hall said she did not think a PRO is driven necessarily by the style of a home but
because- it allows flexibility in areas that are topographically restrictive. She felt an archi-
tect could construct the home in question so that the entrance is not too steep.
Councilmember Kasper said the City has created a "Catch 22" situation by allowing the developer
to create the PRO based on information given to him by Staff that a variance process was avail-
able and then the Council supporting the Hearing Examiner's recommendation to deny the variance.
* Councilmember Kasper said the developer could have brought in fill if he knew that height varianc-
es were not allowed. He felt the solution would be to grant the fiefght variance to a single
family limit above street grade.
Councilmember Hertrich noted that 20.35.060 states, "The City may approve a change of any of its
regular development regulations except in the allowable density and building height". He said
the testimony presented that evening was not sufficient to sway him from his previous decision.
* See Council Minutes of July 25, 1989
EDMONDS CITY COUNCIL MINUTES
Page 7 July 18, 1989
Councilmember Wilson noted that the ADB approved the conceptual site plans, which depicted en-
tries at street level. He said it would bother him if the Council rendered a decision contrary
to the ADB decision, which "led the developer down the path to perform in a certain way".
Councilnember Wilson said he did not believe anybody in the room truly believed that allowing a
variance had anything to do with the height limit and that it was really an issue of view block-
age. He said allowing a variance in order to construct a home at street level was "common sense
and fair play". He said there was nothing wrong with giving Mr. Huizinga five feet so that he
could build his home with entry at street level, and he said no one would be hurt.
Councilmember Hertrich pointed out that Mr. Astrof lives behind the property in question and will
look at a home that is 40 to 60 feet in height if the variance is granted.
COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, TO UPHOLD THE COUNCIL DECISION OF
KAY 2, 1989. MOTION CARRIED WITH COUNCILMEMBER KASPER AND COUNCILMEMBER WILSON OPPOSED.
COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER KASPER, TO IMMEDIATELY REMAND THE ISSUE OF
HEIGHT VARIANCE PROBLEMS IN PRD'S TO THE PLANNING BOARD.
Councilmember Dwyer said he would vote in favor of the motion if they considered that subject
after considering the issue of accessory dwelling units because the Board has been unable to
address that issue because their agenda is always full.
MOTION CARRIED.
The meeting recessed at 9:05 p.m. and reconvened at 9:10 p.m.
REVIEW OF COUNCIL SALARIES
Council President Kasper noted that Council salaries have traditionally been reviewed by the
Council each odd year in order to make salary changes before the filing of candidates because
Council salaries cannot be changed until they are reelected for another term.
Councilmember Kasper noted an error in the agenda memo in that Mountlake Terrace City Council re-
ceives $450 per month and not $300.
Councilmember Hertrich said it appears that the Edmonds City Council receives more in compensa-
tion when considering benefits than Mountlake Terrace or Lynnwood's councilmembers. Councilmem-
ber Hall said she did a rough calculation and the salaries and benefits of the other councilmem-
bers of the two cities are a comparable rate.
* COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER, THAT THE COUNCIL SALARIES OF THREE
POSITIONS BEING FILED FOR ON JULY 24 BE RAISED TO A BASE SALARY OF $350 PER MONTH FROM $200 PER
MONTH PLUS S50 PER PUBLISHED MEETING FROM $45 PER PUBLISHED MEETING, NOT TO EXCEED SEVEN MEETINGS
PER MONTH. MOTION CARRIED.
Mayor Naughten noted that an Executive Session will be held following the regular agenda to dis-
cuss a real estate matter.
ELECTION OF COUNCIL PRESIDENT AND COUNCIL PRESIDENT PRO TEM
Based on a recent ordinance, the Council President's term was terminated as of July 1989. The
June. 1989 ordinance also created the new position of Council President Pro Tem to serve consecu-
tively with the term of the Council President and requires that a new election take place to
elect a Council President and Pro Tem to serve from July to the first Council meeting in January
1990. At that time another election will take place to fill the terms for 1990 and that will
occur each year thereafter.
COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ELECT COUNCILMEMBER KASPER AS
COUNCIL PRESIDENT AND COUNCILMEMBER NORDQUIST AS COUNCIL PRESIDENT PRO TEM, TERMS TO EXPIRE DECEM-
BER 31, 1989. MOTION CARRIED WITH COUNCILMEMBER HERTRICH OPPOSED. He was opposed because he
felt that a year and a half was too long a term for the Council President. Councilmember Kasper
explained that he accepted the position in the middle of the year in 1988 with the proviso that
it not affect his term in 1989 if he was elected.
MAYOR
Mayor Naughten said a photographer from Hekinan, Japan is taking pictures of the City to be used
as part of Hekinan's display of the City's Centennial activities.
* See Council Minutes of July 25, 1989
EDMONDS CITY COUNCIL MINUTES
Page 8 July 18, 1989
Mayor Naughten noted that a Washington Cities and Towns meeting is scheduled on July 27 in Sultan.
Mayor Naughten said a liquor license for the Jackpot Food Mart en Hign,ray 99 will be recommended
for approval if no objection was voiced. No objection was noted.
COUNCIL
Council President Kasper expressed his appreciation to the Council fc- reelecting him as Council
President.
Council President Kasper noted that the Arts Commission has requested space for an arts museum.
Councilmember Nordquist recommended that their request be considered by the Community Services
Committee as part of the City's space needs.
Councilmember Hall noted that the Drum & Bugle Corps event was well attended and will probably
become a yearly event.
Councilmember Dwyer noted that SnoCom receives approxir_tely 6,000 c_ils per month, which is a
manifestation of the population growth. He said they will probably r:=ed additional personnel in
the rear future, although that is not currently planned for the next budget.
Councilmember Jaech said the Finance Committee met with Accounting Manager Chuck Day and a draft
AIS ordinance was prepared to allow the City to assess a S10 penalty for NSF checks written to the
C��� City. She inquired if the Council would approve that proposal. _= was the consensus of the
Council to assess the same $12 penalty that banks do.
Councilmember Jaech said the City is requesting Council approval to write off a sum of $42.87
that has been on the records for several years. She said a citizen refused to pay the water bill
and the $42.87 is a result of damage to equipment when a lock was put on the water meter by Staff
and the individual sawed the lock off. COUINCILMEMBER KASPER `LOVED, SECONDED BY COUNCILMEMBER
WILSON, TO DELETE THE SUM OF $42.87 FROM CITY RECORDS. MOTION CARRIED.
Councilmember Jaech asked Staff to request the Planning Board to dis=uss the issue of accessory
dwelling units in August.
Councilmember Jaech asked what the Ferry Advisory Comrittee is. M_or Naughten said it is a
committee appointed by County Executive Willis Tucker and two Edmonds area residents are appoint-
ed to that committee. He said the representatives must be frequent users of the ferry system.
> He said, however, one of the local representatives has resigned. Councilmember Hertrich recom-
mended that Natalie Shippen be considered for that position.
Councilmember Wilson said he thought the Mayor's letter to Bob Wodni'< was well written and very
appropriate.
Councilmember Hall complimented the Mayor and Staff fcr their professionalism at the Esperance
annexation meeting.
The Council recessed to an Executive Session at 9.37 p.m. to discuss a real estate matter and
adjourned thereafter.
THESE MINUTES ARE SUBJECT TO JULY 25, 1989 APPROVAL.
JA UELINE G. ARR`EE/TTT, City Clerk LAMY S. UGH EN, Ma or
EDMOlDS C:-Y COUNCIL MINUTES
Page 9 :ply 18, 1989
AGENDA
EDMONDS CITY COUNCIL
PLAZA MEETING ROOM -LIBRARY BUILDING
7:00 - 10:00 P.M.
JULY 18, 1989
CALL TO ORDER
FLAG SALUTE
1. CONSENT AGENDA
(A) ROLL CALL
(B) APPROVAL OF MINUTES OF JULY 5, 1989
(C) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES
CONTRACT WITH KATHLEEN FIELDS FOR JUDGE PRO TEM SERVICES
(D) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES
CONTRACT WITH KRISTEN ANDERSON FOR JUDGE PRO TEM SERVICES
(E) ACCEPTANCE OF QUIT CLAIM DEED FROM JEFFREY AND LYNN E. GREAVES
FOR DEDICATION OF STREET RIGHT-OF-WAY AT 809 14TH ST. S.W.
(F) COUNCIL CONFIRMATION OF MAYOR'S APPOINTMENT OF SISTER CITY COMMISSION
(G) SET DATE OF AUGUST 1, 1989 FOR HEARING ON FINAL PLAT OF HARBOR HILLS
(H) FINAL ACCEPTANCE OF CONTRACT PROCUREMENT BY WESCO COMPANY OF PHASE I
OF DOWNTOWN DECORATIVE STREET LIGHT PROJECT, AND SET 30-DAY RETAINAGE
PERIOD
(I) REPORT ON BIDS OPENED JULY 18, 1989, FOR 1989 OVERLAY PROGRAM,
PHASE II, AND AWARD OF CONTRACT
(J) AUTHORIZATION TO PURCHASE LINDBLOOM PROPERTY FOR PUBLIC WORKS FACILITY
(K) FINAL ACCEPTANCE OF WORK BY BURWICK FENCE CO. ON PUBLIC WORKS
SECURITY FENCE, AND SET 30-DAY RETAINAGE PERIOD
2. AUDIENCE
3. ELECTION OF COUNCIL PRESIDENT AND COUNCIL PRESIDENT PRO TEM
4. HEARING ON PROPOSED SCOPE OF WORK FOR FERRY STUDY
5. HEARING ON APPEAL OF ARCHITECTURAL DESIGN BOARD DECISION REGARDING
SPRINKLERS IN LANDSCAPING AT 430 3RD AVE. S. (ADB-66-88/AP-21-89)
(APPELLANT: BJORN THUESEN)
6. HEARING ON CITY COUNCIL RECONSIDERATION OF ACTION TAKEN ON APPEAL OF
HEARING EXAMINER DECISION DENYING REQUEST FOR HEIGHT VARIANCE ON LOT 7,
EAGLE'S CREST PRO (V-2-89/AP-10-89) (APPELLANT: RALPH HUIZINGA)
7. REVIEW OF COUNCIL SALARIES
8. MAYOR
9. COUNCIL
THE PUBLIC IS INVITED TO ATTEND
PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE
( 5 MINUTES)
(60 MINUTES)
(20 MINUTES)
(75 MINUTES)
(10 MINUTES)