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04/21/1992 City CouncilTHESE MINUTES SUBJECT TO. APRIL 28, 1992 APPROVAL• EDMONDS CITY COUNCIL MINUTES April 21, 1992 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Laura Hall at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT Laura Hall, Mayor Jeff Palmer, Council President Steve Dwyer, Councilmember Dave Earling, Councilmember Michael W. Hall, Councilmember William J. Kasper, Councilmember John Nordquist, Councilmember Tom Petruzzi, Councilmember Dianna Phillips, Student Representative STAFF Art Housler, Admin. Srvc. Dir. Peter Hahn, Comm. Srvc. Dir. Bob Alberts, City Engineer Rob Chave, Planning Manager Brent Hunter, Personnel Mgr. Rhonda March, City Clerk. Scott Snyder, City Attorney John Wallace, City Attorney Barb Mehlert, Recorder ./ D'Mayor Hall asked that a Resolution be placed on the Agenda commending Community Services Director R,S°h�o Peter Hahn for THE to ONt the City. CO MOTIONE BE CARRIED. MOVED, SECONDED BY COUNCILMEMBER HALL COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER EARLING, TO APPROVE RESOLUTION 743 COM- MENDING PETER HAHN. MOTION CARRIED. Mayor Hall read Resolution 743 into the record commending Community Services Director Peter Hahn for his exemplary service to the City over the past eight years. The Mayor and Council thanked Peter for all his fine works and wished him continued success as the new Public Works Director for Snohomish County. Mr. Hahn thanked the Mayor and Council for the Resolution. CONSENT AGENDA Items (B) and (G) were removed from the Consent Agenda. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items are as follows: (A) ROLL CALL (C) APPROVAL OF CLAIMS WARRANTS FOR THE WEEKS OF APRIL 6 AND APRIL 13, 1992 1F ��CG (D) ACKNOWLEDGEMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM CHUCK A. PILKINGTON ($700) (;DctPA' (E) AUTHORIZATION TO CALL FOR BIDS FOR 1992 STREET OVERLAY PROGRAM (F) AUTHORIZATION TO PURCHASE TWO (2) NEOTRONIC GAS DETECTORS FOR USE IN CONFINED SPACE ENTRY FROM SAHLBERG EQUIPMENT AND SAFETY SUPPLY ($4,986.00) (H) AUTHORIZATION TO PURCHASE AV-100 CHEMICAL GROUT FROM AVANTI ($10,205.42) AND ALSO CHEMICALS FROM GREAT WESTERN FOR SANITARY SEWER SEALING ($2,124.83) (I) AUTHORIZATION TO PURCHASE AN INLINE LATERAL CUTTER FOR SEWER DIVISION ($5,193.60) (J) AUTHORIZATION TO CALL FOR BIDS FOR CEMETERY STRUCTURE REMODEL (K) AUTHORIZATION TO CALL FOR BIDS FOR BRACKETT'S LANDING UPLANDS IMPROVEMENTS PROJECT AUTHORIZATION FOR MAYOR TO ACCEPT 1992 GRANT AMENDMENT FOR GROWTH MANAGEMENT PLANNING �c AND ADJUST 1992 PLANNING BUDGET TO REFLECT ACTUAL GRANT AMOUNTS APPROVAL OF MINUTES OF APRIL 7, 1992 AND APRIL 14, 1992 (Item (B) on the Consent Agenda. Mayor Hall requested the following amendment to the City Council Minutes of April 7, 1992 - Page 8, paragraph 12: "Mayor Hall, Councilmember Petruzzi, Councilmember Hall, City Attorney Scott Snyder and Personnel Director Brent Hunter left the meeting. Councilmember Petruzzi returned. Mayor Hall announced in the Council Chambers, meeting adjourned at 10:36 p.m.". COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER DWYER, FOR DISCUSSION, TO APPROVE THE MINUTES OF APRIL 7, 1992, AS AMENDED. Under discussion, Councilmember Dwyer said five members of the Council stayed until 11:01 p.m. to discuss public business, and feels the original minutes of April 7 accurately reflect the length of the meeting. MOTION FAILED with Councilmember Hall voting yes, Council President Palmer, Councilmember Dwyer, Councilmember Kasper, Councilmember Nordquist, and Councilmember Petruzzi voting no, and Council - member Earling abstaining as he was not present at the April 7, 1992 Council Meeting. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO APPROVE THE APRIL 7, 1992 AND APRIL 14, 1992 CITY COUNCIL MINUTES AS ORIGINALLY SUBMITTED. MOTION CARRIED with Councilmember Hall voting no, and Councilmember Earling abstaining. AUTHORIZE MAYOR TO SIGN SETTLEMENT AGREEMENT WITH SEAWOOD HOMES $40,000.00 (Item (G) on the Con- sent Agenda. At the request of the City Attorney, COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER HALL, TO MOVE ITEM (G) TO THE EXECUTIVE SESSION SCHEDULED AS ITEM (10), AND EXTEND THE EXECUTIVE SESSION TO 30 MINUTES. MOTION CARRIED. AUDIENCE L Rita Laushbaum, 21915 92nd Ave. West, said she doesn't believe her lot should be assessed as two lots as the City has designated it on the Preliminary Assessment Roll. Jane Cunningham, 1035 Grandview, said Amtrack has announced plans for future rail service between Seattle and Vancouver. Ms. Cunningham noted Edmonds is not a planned stop, and urged the Council to contact appropriate officials to make sure that Amtrack designated Edmonds as a planned stop. Paul Kavadas, 217 Alder Street, #305, said many out of town guests that stay at his home comment on the beauty of the Treatment Plant, unbeknownst to them that it is a Treatment Plant. Regard- ing Amtrack's announced plans for future rail service between Seattle and Vancouver, Mr. Kavadas said one of the reasons Edmonds isn't being included is that it would lengthen the proposed 3-1/2 hour service between the two points. Mr. Kavadas asked the Council to place this on .an upcoming Council Agenda as he feels it is important that Edmonds be included. Bruce Agnew, representing Congressman John Miller, said he has talked with the West Coast Super- intendent of Operations for Amtrack. Mr. Agnew said the Superintendent was confident that Edmonds would be designated as a stop. Mr. Agnew recommended that the Council write a letter of support to the Department of Transportation favoring the Edmonds stop. With no other member of the audience wishing to speak, Mayor Hall closed the audience portion of the meeting. WELCOME TO STUDENTS FROM BERGISCH GLADBACH, GERMANY Partner School of Edmonds-Woodwa High c o0 Mayor Hail introduced Susan Hall, teacher at Edmonds-Woodway High School, who coordinated the visit of the students from Germany. Ms. Hall introduced the students and teachers from Bergisch Gladbach, Germany, and briefed the Council on the Partner School relationship and its current activities. The Students from Germany presented Mayor Hall with an original piece of art work from Bergisch Gladbach. Mayor Hall proclaimed April 19 - 25, 1992, as EDMONDS-BERGISCH GLADBACH GERMAN- AMERICAN STUDENT EXCHANGE WEEK, read the Proclamation into the record, then presented it to the students. EDMONDS CITY COUNCIL MINUTES Page 2 April 21, 1992 STAFF RECOMMENDATIONS AND COUNCIL DELIBERATION ON PRELI'MINARY ASSESSMENT ROLL -FOR PROPOSED ON IMPROVEMENT DISTRICT FOR CONSTRUCTIN W M N V OF 218TH S.W. AND1 92NO W. AND ADOPTION OF ORDINANCE 2878 FOR CREATIONIMPRO Councilmember Earling said he would not be' participating in the discussion, as he was not present at the April. 7 Council Meeting when the first discussion took place. It was noted Councilmember Earling was attending a Community Transit Conference on April 7; 1992. Staff Report and Recommendation Bob Alberts, City Engineer, said the Preliminary Assessment Roll has been adjusted for two assess- ments since the last meeting of April 7, 1992. Mr. Alberts said.the.water pipeline costs will be discussed with the applicable property owners after the bids are opened. Mr. Alberts said at that time, the property owners can determine if they wish to progress with the installation of a new water line. Mr. Alberts recommended City Council approve the revised preliminary assessment for LID No.. 213 and.adopt the ordinance forming LID No. 213. Council -Discussion and Deliberation. Mayor Hall read a letter into the record from citizens John and Mary Storm, who are ,protesting costs associated.with the LID. Councilmember Petruzzi said it was his understanding the applicable property owners did -not want to pay for the water line and were seeking to have the City pay it.. Mr. Alberts said after the bids are opened for the -.water line extension, the applicable property owners would thendecide if they wish to proceed with the water line improvements. If they do not, Mr. Alberts, said the Water line project would be excluded from the project. City Attorney Scott Snyder said the purpose of Council action this evening is to establish the boundaries of the Preliminary Assessment District, to determine whether property- is included or excluded and give a general description of the property. Mr. Snyder said no final assessments can be levied until a final assessment roll is adopted. Councilmember Dwyer asked what the process is if a property owner feels their lot should be as- sessed as one lot, and the City is assessing it as -two lots. Mr. Alberts said if somebody was to develop the lot in years to come, the City has no way of disbursing moniesto the people who originally were part of the LID, so the money would probably go into the LID Guarantee Fund. Councilmember Dwyer said this is something that does not need to be resolved this evening in order to adopt the :preliminary assessment for LID No. 213, but would like future discussion .as the LID progresses. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO APPROVE THE REVISED PRELIMINARY ASSESSMENT FOR LID NO. 213 AND ADOPT ORDINANCE 2878 FORMING LID NO. 213. MOTION CARRIED, with Councilmember Earling abstaining. FINAL ACCEPTANCE OF WORK BY WRIGHT, SCHUCHART, HARBOR CO.. FOR WASTEWATER, TREATMENT PLANT AND APPROVAL AMENDMENT N . 10 ENGINEERING AGREEMENT63,173, Staff Report and Recommendation "l Bob Alberts, .City Engineer, said the construction of the Wastewater .Treatment Plant is complete. Mr. Alberts stated with the completion of construction, the City enters into, the final stage of the project known as. the one-year certification, which is required by .the Department of Ecology. Mr. Alberts said the estimated engineering cost is $63,173, which is grant eligible. Mr. Alberts recommended Council accept the construction contract as complete and, thereby, establish the 30-day retainage period, Approve Amendment No. 10, and approve the monies from the project budget. .Henry Benjes, the Consultant's Project Manager, presented a view foil presentation to the Council which gave an overview of the project from inception. Council Discussion and Deliberation Councilmember Kasper inquired on the status of the City's on -staff engineer, Mr: Ray Johnson. Councilmember Kasper said it was his understanding Mr.' Johnson had a six-month contract,.however, the Agenda Memo stated he .would remain until the end of 1992. Mr. Alberts said he is requesting Mr. Johnson remain through 1992 in order to complete various tasks. EDMONDS CITY COUNCIL MINUTES Page 3 April 21, 1992 Mr. Alberts recommended a letter be sent to the Department of Ecology thanking them for their cooperation and assistance on the project. Mayor Hall concurred. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER EARLING, TO ACCEPT THE CONSTRUCTION AS COMPLETE, AND THEREBY, ESTABLISH THE 30-DAY RETAINAGE PERIOD, APPROVE AMENDMENT NO. 10, AND AP- PROVE THE MONIES FROM THE PROJECT BUDGET AS WELL AS EXTEND MR. RAY JOHNSON'S CONTRACT THROUGH THE END OF 1992. Under discussion, Councilmember Kasper said he would vote against the motion as he feels the existing landscaping surrounding the Treatment Plant is not what the Council was originally pre- sented with. Councilmember Nordquist asked Mr. Alberts if Mr. Johnson is a contractual employee, and Mr. Al- berts replied affirmatively. Councilmember Nordquist said since the contract has been extended through 1992, is Mr. Alberts going to apply for the grant described in the Agenda Memo, and Mr. Alberts replied affirmatively, and said he has been told the grant will be approved. Councilmember Dwyer commended Wright, Schuchart, Harbor Co. on the excellent job they per- formed. MOTION CARRIED with Councilmember Kasper voting no. HEARING ON PLANNING BOARD RECOMMENDATION FOR AMENDMENTS TO THE EDMONDS SHORELINE MASTER PROGRAM, I:Ti1t�IJ��[�%1ryI<i�ilU Staff Resort and Recommendation Rob Chave, Planning Manager, stated this was a housekeeping amendment to clarify where the Shore- line Master Program is applied in Edmonds. Mr. Chave said upon review of Edmonds' Shoreline Master Program, it was determined by the previous Planning Division Staff that the current Shore- line Master Program did not include all wetland areas which are technically defined as "Associat- ed Wetlands" and are subject to the jurisdiction of the State Shoreline Management Act. Mr. Alberts recommended to the Council they adopt the recommendation of the Planning Board to amend ECDC Sections 15.36.020(C) and 15.36.030 to identify the "associated wetlands" in the City as defined by the State Shoreline Management Act and adopt Ordinance 2879. Public Testimony As no member of the public came forward on this subject, Mayor Hall closed the public portion of the hearing. Council Discussion and Deliberation COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER DWYER, TO ADOPT THE RECOMMENDATION OF THE PLANNING BOARD TO AMEND ECDC SECTIONS 15.36.020(C) AND 15.36.030 TO IDENTIFY THE "ASSOCIATED WETLANDS IN THE CITY AS DEFINED BY THE STATE SHORELINE MANAGEMENT ACT AND TO DIRECT THE CITY ATTORNEY TO PREPARE THE APPROPRIATE ORDINANCE FOR THE COUNCIL'S ADOPTION. MOTION CARRIED. City Attorney Scott Snyder asked the Council if they wished to adopt the Ordinance on a future Consent Agenda, or adopt it this evening. Mr. Snyder noted the Ordinance was included in the Agenda Packet information. Councilmember Nordquist said the recommendation did not reflect this. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, TO ADOPT ORDINANCE 2879, LISTED AS EXHIBIT 2 IN THE AGENDA PACKET, WITH THE PROVISION OF MAYOR LAURA M. HALL BEING ADDED TO THE SIGNATURE LINE. MOTION CARRIED. CONTINUED PUBLIC HEARING ON APPEAL OF PRELIMINARY ADB DECISION AND RECEIVE ADDITIONAL PUBLIC COMMENT REGARDING A NEW 3-STORY MIXED USE FFICE/5 UNIT APARTMENT BUILDING AT 504 HOLLY DRIVE (APPELLANT: ROBERT DRISCOLL - FILE NO. AP-92-20) (APPLICANT: ROBERT BUTTUFIELD - FILE NO. ADB7 107-91) kLontinuea Trom March 17, 199 Before the Hearing Process began, ex-parte communications were revealed by the Mayor and Council. Mayor Hall stated Mr. Bennett called her office, however no ex-parte communications took place. EDMONDS CITY COUNCIL MINUTES Page 4 April 21, 1992 Council President Palmer said he received a phone call from Brad Butterfield, Applicant, however, no ex-parte communications took place. City Attorney Scott Snyder said the Council Assistant put together a packet of Ex-Parte Communica- tions, which are as follows: 1. Letter to City Clerk from Robert Driscoll, dated 2/14/92 2. Letter to Council President from Robert Driscoll, dated 4/3/92 3. Letter to Robert Driscoll from City Attorney, dated 4/9/92 4. Letter to Mayor Hall from James Bravely and Janis (Yost) Bradley, dated 4/12/92 5. Letter to Council President from Robert Driscoll, dated 4/13/92 6. Letter to Mayor and Council from Peter Bennett, dated 4/14/92 7. Letter to Mayor and Council from Brad Butterfield dated 4/15/92 8. Letter to Council from Don Stay, dated 3/30/92 9. Letter to Robert Driscoll from City Attorney, dated 4/17/92 10. Letter to City Council from Melinda Beck, dated 4/17/92 11. Packet of information presented by Peter Bennett prior to the Council's April meeting. Mr. Snyder said a copy of these ex-parte communications are available for public viewing. Councilmember Kasper said he has been approached by people from both sides, however, no ex-parte communications took place. Councilmember Dwyer said he saw Peter Bennett at a local campaign event, however, no discussion took place regarding the project. Councilmember Earling said he has come into contact with several individuals from both side, however, no ex-parte communications took place. City Attorney Scott Snyder asked the audience if they had any objections to any of the Councilmem- bers taking part in the discussions in light of the information revealed. As no member of the audience objected, the hearing proceeded. Mr. Snyder reminded hearing participants that previous comments or testimony before the Architectural Design Board are part of the record, therefore, do not have to be repeated. Testimony of Applicant Peter Bennett, 400 Dayton, Suite A, Edmonds, representative for the Applicant, presented a "Decla- ration in Lieu of Live Testimony" to City Clerk Rhonda March, with copies for the Mayor and Coun- cil. This Declaration was marked Exhibit 1 by the City Clerk. The Declaration was made available for public viewing prior to dissemination amongst the Council. Mr. Bennett said the main issue he would like settled is the 3-story versus the 2-story issue. Mr. Bennett said the record currently reflects 133 3-story buildings in the vicinity of the sub- ject neighborhood. Mr. Bennett said the project has been re -designed since the last discussion. Applicant, Brad Butterfield, said the sidewalks have been widened and corner parks have been installed surrounding the building. Mr. Butterfield said the entire 15-foot strip along Holly Drive has been quitclaimed to the City, in which the client will pay to pave the portion of the street, relocate the power pole as necessary, and will also pay for the landscaping. Mr. Butterfield said the 15-foot parking in the 15-foot setback on the east side of the property will be landscaped, allowing no uses, including parking, in the 15-foot setback. Regarding the primary use versus secondary use, Mr. Butterfield said the project has been rede- signed so the primary use exceeds the secondary use by 200 square feet. Mr. Butterfield said the re -design also includes the deletion of one residential unit from the project and added an addi- tional commercial space to the upper floor of the project. Mr. Butterfield said the project has been re -designed so the east side of the building, which is approximately 35% of the project, is going to be 2-stories, and the west face on 5th remains 3-stories. Mr. Butterfield said the entire building is within the ECDC height limit. Mr. Butterfield asked the Council to support the Preliminary ADB Decision. City Attorney Scott Snyder suggested a five minute recess to allow the audience time to review all of the information presented. Mr. Snyder said even though the dates and names were given regarding the ex-parte communications, the audience should have time to review the contents. Mr. Snyder said the audience should also have time to review the documents presented by Mr. Bennett. Mayor Hall recessed the meeting at 8:25 p.m, to allow time for public viewing of documents, and called the meeting back to order at 8:30 p.m. EDMONDS CITY COUNCIL MINUTES Page 5 April 21, 1992 Mayor Hall noted the City Clerk has the signed copy of the "Declaration in Lieu of Live Testimony in support of a 3-story Mixed Used Office/4 Unit Condo at 504 Holly Drive", which was presented by the Applicant. Testimony of Appellant, Robert Driscoll Robert Driscoll, 514 Holly Drive, contends the Edmonds Community Development Code states only a 2-story building can be built on the subject property. Mr. Driscoll said building of a structure in a BC zone is unique in the fact that it only allows for a 2-story structure. Mr. Driscoll Mr. Driscoll feels a judge would be likely to rule in favor of the legislative intent when the Code was revised in 1980. Mr. Driscoll distributed an excerpt to City Clerk Rhonda March, from the City Council Minutes of July, 1980, addressing the story issue. The information was marked Exhibit 2 by City Clerk Rhonda March. Mr. Driscoll asked the Council to adopt Version 1 Finding of Fact, specifically, Conclusion 5 which states "The City Council finds that the three story proposal fails to satisfy review criteria set forts in ECDC 20.10.070(A)". Mr. Driscoll asked Mayor Hall to sign Version 1 and remand the project back to the Architectural Design Board for review. Public Testimony Jo -Anne Jaech, 546 Walnut, opposes the proposed project for reasons including the S.F. zoning designation for Holly Drive. Ms. Jaech said Holly Drive is a dead end street, and would be nega- tively impacted by the proposed project. Ms. Jaech said the subject corner is very different than other parts of the City, therefore, has different impacts. Mr. Jaech said the City has been con- sistent over the years in favor of no more than 2-stories and that ingress and egress on that site would not be possible. Ms. Jaech asked the Council to continue that consistency. Lloyd Ostrom, 711 Puget Lane, supports a 2-story limitation. Mr. Ostrom said the Code states the subject property only allows for a 2-story structure. Bill Mathias, 540 Holly Drive, opposes the proposed project. Mr. Mathias referenced the Magna Hagen case in 1978 whereas the City was victorious in limiting the building of a particular project to 25 feet, as well as limiting the density of the building. Mr. Mathias asked the Coun- cil to uphold the City Code, as he feels it contains language limiting the proposed project to 2-stories. Councilm ember Kasper said it is his understanding of the Magna Hagen case that no mention of stories were mentioned, rather it was bulk. Mr. Mathias replied affirmatively, however, he said the Council reduced the bulk of the building by eliminating the third story. Jack Paxson, 938 Pine Street, supports the 2-story limitation, as he feels the City Code states a 3-storybuilding on the subject property is not an allowable use. Betty Mueller, 209 Casper St., supports the 2-story limitation, as she feels the City Code states a 3-story building on the subject property is not an allowable use. Jerry Lovell, 8927 - 192nd St. S.W., Associate of Lovell & Associates, said his firm has played a minor role in the subject project. Mr. Lovell said he has done an extensive amount of work in Edmonds, and is unaware of a 2-story height limitation. Mr. Lovell asked the Council to clarify the Code. Dick Hill, 1242 Coronado Place, supports the 2-story limitation, as he feels the Code Code states a 3-story building on the subject property is not an allowable use, and asked the City Council to uphold the Code. Finnis Tupper, 711 Daley St., feels the sidewalk, parking, and street dedication issues have been solved. Mr. Tupper feels the City Code clearly states that a 3-story building on the subject property is not an allowable use. Mr. Tupper asked the Council to restrict the building to one story of residential above the commercial. City Attorney Scott Snyder read a letter into the record from Laverne C. Hershey, 520 Holly Drive, opposing the proposed structure for reasons including her belief there is a 2-story limita- tion in a BC zone, according to the City's Code. Al Rutledge, 7101 Lake Ballinger Way, asked the Council to abide by the wishes of the public. John Hampton, 548 Holly Drive, supports the 2-story limitation and feels more engineering is needed on the project. EDMONDS CITY COUNCIL MINUTES Page 6 April 21, 1992 With no other member of the audience wishing to speak on this subject, Mayor Hall closed the public portion of the hearing. Continued Testimony of Applicant Peter Bennett, Attorney and Representative for Brad Butterfield, Applicant, said the City cannot zone by Comprehensive Plan, but by ordinance. Mr. Bennett said the City currently has no ordi- nance _restricting 2-stories. Mr. Bennett said the Code must be studied and read in whole, not part. -Mr. Bennett objects to referencing the Magna Hagen case, as it has never been entered into the record. Mr. Bennett feels the proposed structure should be compared to the business zone that it is zoned in. Council Discussion and Deliberation As Councilmember Petruzzi had a question from a member of the audience who spoke during the audi- ence portion, COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO RE -OPEN THE HEAR- ING TO ALLOW COUNCILMEMBER PETRUZZI THE OPPORTUNITY TO ASK A QUESTION OF A MEMBER OF THE AUDI- ENCE. MOTION CARRIED. Councilmember Petruzzi said he has read the Edmonds Community Development Code thoroughly, and asked audience member Finnis Tupper to explain the difference between a 25' 3-story building, and a 25' 2-story building. Finnis Tupper, 711 Daley St., said the difference is the Applicant has requested to do something that is a little bit out of the norm in a BC zone in that he has asked for a mixed use building. Mr. Tupper said because of the mixed use building, he has to assume the standards of the Code in Chapter 16 that says he is only entitled to one story of residential use in a multi -family dwell- ing unit. Mr. Tupper requested the Magna Hagen document be entered into the record. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO ENTER THE MAGNA HAGEN DOCUMENT INTO THE RECORD.. Under discussion, Council President Palmer said he didn't see the value of having this document entered into the record. Councilmember Hall agreed with Council President Palmer. COUNCILMEMBER KASPER WITHDREW HIS MOTION. Peter Bennett, Attorney and Representative for the Applicant, said the Code states if the pro- posed project contains commercial use, they are allowed 3-stories. Councilmember Dwyer said it is clear to him that when the Code was being revised in 1980, the concern was the proliferation of multiple family dwelling units in the downtown area of Edmonds. Councilmember Dwyer said at that time, it was an allowable use to construct a multiple -family structure in a business/commercial zone. Councilmember Dwyer said this was changed in the new Community Development 'Code, and it became not an allowable use to construct a multi -family dwell- ing in a Business/Commercial zone. Councilmember Dwyer said the reason this was done is because the City wanted to maintain areas for commercial existence and commercial vitalization. Council - member Dwyer said it was made crystal clear that multi -family dwellings could not be constructed on the first floor of any structure built in the Business/Commercial zone. Councilmember Dwyer said a compromise was reached which was business only on the first floor, and the possibility of one story of dwelling above the business. Councilmember Dwyer said it is clear that the exis- tence of the language "multiple dwelling units" in the story above the street floor is the result of an intentional action of the Edmonds City Council to revise the word "stories" to "story", and neither the Planning Board or City Council has ever taken a vote to do otherwise since that hap- pened. Councilmember Dwyer said it is not an allowable use to have multiple family dwellings on any floor but the second floor of a structure in a Business/Commercial zone. Councilmember Dwyer said the focus is on "use" and not "height", and for the proposed structure to be an allowable use, it cannot only be constructed with commercial on the first and residential on the second, or any combination of commercial which is less than 25 feet. Councilmember Hall feels the issue is the height limit and not the use. Councilmember Hall said he is not willing to say 25' means two stories, as he feels this would be a change in the inter- pretation of the Code. Regarding other issues, Councilmember Hall feels the primary versus secon- dary use is a moot point, along with the 15' setback. City Attorney Scott Snyder reminded the Council this is an appeal of a Preliminary Approval, and the A.D.B. would be reviewing the final design regardless of Council action at this time. EDMONDS CITY COUNCIL MINUTES Page 7 April 21, 1992 Councilmember Petruzzi feels the Council has to render a decision on the 2-story versus 3-story issue, and the issue of a 15' setback. As the Applicant has re -designed the project, making the 15' setback a moot point, Councilmember Petruzzi said the Council should make an official action designating it as a moot point. After thorough study of the Edmonds Community Development Code, Councilmember Petruzzi said he does not find anything in it that limits the project to 2-stories. Councilmember Earling said this appeal should not even be before the Council, as it is a prelimi- nary situation further complicated by the submission of plans for a re -design in which the A.D.B. has .not even reviewed. Councilmember Earling said the entire matter should be remanded to the A.D.B. without comment. Councilmember Petruzzi said the issues are already on the table, therefore, the Council must act on them. Councilmember Petruzzi feels the issue of primary versus secondary use is an issue that the Council cannot rule on, as the project has been re -designed and must be presented to the Architectural Design Board. Councilmember Nordquist said it is interesting to see the Council trying to change the intent of the Edmonds Community Development Code. Councilmember Nordquist said if the Council wants to change the intent, they should open it up for public testimony. Councilmember Nordquist said the intent in 1980 was the City wanted to keep the small shops, with Mill Town setting the mood of the arcade type of philosophy. Councilmember Nordquist said it was the intent in 1980, to have 2 stories within the 25' height requirement, not 3 stories. Mayor Hall said it may be time to revisit the issue of the 2-story versus 3-story. Mayor Hall said the Growth Management Action will sometime in the future require the City to accept some- thing the City does not want. Mayor Hall said the City is going to have a hard fight to keep the BC zone a two-story or at least 25' limit. Mayor Hall agrees with Councilmember Earling in that the matter should have been remanded to the Architectural Design Board, however, at this time, the Council must give direction. Council President Palmer said he has carefully listened to all testimony and all references to past intents of the Council and past City Council minutes. Council President Palmer said past testimony is undeniable, however, the application before the Council is in 1992 and no matter what the testimony was in 1980, the Council has to apply the existing Code. Council President Palmer said if you look at the existing Code, the definition includes "story also means sto- ries". Council President Palmer said his read of the Code states the City has a height limit and bulk requirement, however, there is no limit on the number of stories. Councilmember Kasper feels the citizens opposing the proposed structure should have requested a re -zone of the subject property. Councilmember Kasper said the property is on a former State Highway, which unfortunately at that time, did not receive a buffer which was an oversight on the part of the City. Councilmember Kasper said after thorough study of the City Code, Councilmember Kasper said he finds nowhere in the Code where there is a limit on stories. Councilmember Kasper said the City has a 25' height limit, but not a limit on number of stories. Councilmember Kasper said the Code should be changed if that is the wish of the people, however, at this time, the Code reads there is no restriction on number of stories. Councilmember Kasper said the Council cannot make decisions based on intent. Councilmember Kasper quoted from the Growth Management Act which stated "to minimize potential adverse impacts on existing communities and neighborhoods, while stimulating commercial revitalization, greater incentives for mixed -use development within commercial areas should be provided". Councilmember Kasper said he doesn't believes the Council should even be ruling on this matter, as it is preliminary and should have been remanded to the Architectural Design Board. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER FOR DISCUSSION, TO REMAND THIS BACK TO THE ARCHITECTURAL DESIGN BOARD WITH THE FOLLOWING COMMENTS: 1) the 15' SETBACK SHOULD BE UPHELD AS A SETBACK AND PARKING SHOULD NOT BE PUT IN THAT AREA; AND 2) THE 25' HEIGHT LIMIT BE THE ONLY RESTRICTION FOR BUILDINGS IN A BC ZONE AND NO MENTION OR RESTRICTION OF STORIES. Under discussion, Councilmember Kasper asked if it is Councilmember Hall's intent to make it a precedent only where it abuts a single-family zone. COUNCILMEMBER HALL AMENDED HIS MOTION TO INCLUDE THE INTENT TO "MAKE IT A PRECEDENT ONLY WHERE IT ABUTS A SINGLE FAMILY ZONE". THE SECONDER AGREED. Under discussion, Councilmember Petruzzi asked if this motion was a ruling or a comment to the Architectural Design Board. Councilmember Petruzzi feels it should be a ruling. COUNCILMEMBER HALL AMENDED HIS AMENDED MOTION TO READ IT IS A COUNCIL RULING NOT COUNCIL COMMENTS. THE SECOND- ER AGREED TO THIS AMENDMENT. Councilmember Dwyer feels two separate motions need to be made since there are two separate is- sues. In light of this, COUNCILMEMBER HALL WITHDREW HIS MOTION AS AMENDED. THE SECONDER AGREED. EDMONDS CITY COUNCIL MINUTES Page 8 April 21, 1992 Council President Palmer said there are other issues that should be resolved, therefore, COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER HALL, TO DENY THE APPEARANCE OF FAIRNESS DOC- TRINE QUESTION THAT WAS RAISED AND THE DUE PROCESS ELEMENT FROM THE APPEAL. MOTION CARRIED. COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER HALL, TO DECLARE THE INSUFFICIENT STREET RIGHT OF WAY AS A MOOT POINT IN LIGHT OF THE PROPOSED RE -DESIGN. Under -discussion, Councilmember Dwyer said the Council should not make comment on this issue as the -Architectural Design Board has not yet reviewed the proposed re -design. COUNCIL PRESIDENT PALMER WITHDREW HIS MOTION. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER DWYER, THAT THE PARKING IN THE EAST SIDE SETBACK OF THE AREAS OF THIS PROJECT CONFLICTS WITH BOTH THE BULK REQUIREMENTS SET FORTH IN ECDC 16.50.020(D) AND THE ARCHITECTURAL DESIGN REVIEW CRITERIA ECDC 20.10.070, SUB -SECTION 3. Under discussion, Councilmember Kasper said he would argue against the motion unless it included "abutting single-family". Council President Palmer said the motion may not be necessary, as it may be resolved in the re -de- sign. Councilmember Petruzzi said it is a point of the appeal, therefore, should be addressed. Councilmember Earling said he believes this is an A.D.B. matter, which should have been remanded to the A.D.B. in the first place. MOTION CARRIED with Councilmember Earling voting no. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER FOR DISCUSSION, THAT THE HEIGHT LIMIT IN THE CITY OF EDMONDS BE LIMITED TO 25 FEET FOR BC ZONES AND SPECIFICALLY NOT LIMITED TO ANY MENTION OF STORIES. Under discussion, Councilmember Petruzzi suggested amending the motion to reflect the language that the Edmonds Community Development Code does not place limitations on the number of stories a structure may have. COUNCILMEMBER HALL AMENDED HIS MOTION TO READ THAT "THE EDMONDS CITY COUNCIL HAS FOUND THAT THE EDMONDS COMMUNITY DEVELOPMENT CODE DOES NOT PLACE LIMITATIONS ON THE NUMBER OF STORES A STRUCTURE MAY HAVE". THE SECONDER AGREED. Under discussion, Councilmember Dwyer said even though he wouldn't vote in favor of the motion, he feels the maker of the motion may want to reference a BC zone. The maker of the motion dis- agreed. MOTION CARRIED with Council President Palmer, Councilmember Earling, Councilmember Hall, Councilmember Kasper, Councilmember Petruzzi voting yes, and Councilmember Nordquist and Council - member Dwyer voting no. Council President Palmer said the Council could resolve issues by making a motion to the effect that the Edmonds City Council finds that the preliminary design presented appears to meet both the Comprehensive Plan and Zoning Requirements. As a procedural matter, COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO EXTEND THE MEETING. MOTION CARRIED. Regarding Council President Palmer's statement, Councilmember Petruzzi said that issue has not been ruled on by the A.D.B., therefore, cannot be acted upon by the Council. Councilmember Earling said the Council has allowed the process to become too cumbersome so that the Council, may in effect, open the door for any number of hearings and appeals on any issue on any project. Councilmember Earling said this is why he voted against the motion, and not because of any particular issue with regard to the appeal. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER DWYER, TO REMAND THE ISSUE OF PRIMARY VERSUS SECONDARY USE TO THE A.D.B., AS THE DESIGN HAS NOT BEEN TOTALLY REVIEWED BY THE A.D.B.. MOTION CARRIED. Councilmember Nordquist announced he had an early morning business commitment, therefore, had to leave the meeting. Before Councilmember Nordquist left, Councilmember Dwyer requested that every- thing that has happened at the Architectural Design Board, and at the three different City Coun- cil proceedings become automatically part of record before the A.D.B. and continue to be part of any continuing record. Councilmember Dwyer said this is important so this is viewed as one long process so people don't have to come back and repeat testimony. City Attorney Scott Snyder said this was the correct procedure to follow. EDMONDS CITY COUNCIL MINUTES Page 9 April 21, 1992 Councilmember Nordquist left the meeting at 10:12 p.m. DISCUSSION OF TRANSPORTATION PLAN AND APPROVAL OF AGREEMENT WITH BELL -WALKER ENGINEERS, INC. 89,151.00 Staff Report and Recommendation 01 A Bob •Alberts, City Engineer, said the Consultant Selection Committee interviewed engineering firms to prepare a City-wide transportation study in conformance with the Growth Management Act. Mr. Alberts said the Selection Committee selected Bell -Walker, Inc., to prepare the study. Mr. Al- berts said the negotiated fee is $89,151. The project is funded from the arterial street fund 112, and an appropriation of $15,000 from fund 112 end cash balance is recommended for the project. Council Discussion and Deliberation Councilmember Kasper feels in the future, the City will have to go after State money or go through the County instead of utilizing City funds. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCIL PRESIDENT PALMER, TO AUTHORIZE THE MAYOR TO EXE- CUTE THE AGREEMENT WITH BELL -WALKER ENGINEERS AND APPROPRIATE AN ADDITIONAL $15,000 FOR THE PROJECT FROM FUND 112. MOTION CARRIED. DISCUSSION OF SNOHOMISH COUNTY TOMORROW COUNTY -WIDE PLANNING POLICIES AND INTERLOCAL PLANNING AGREEMENT Due to the late hour and the importance of this subject, COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER HALL, TO CONTINUE THIS DISCUSSION TO THE FIRST HOUR OF THE MAY 12 COUNCIL MEETING WITH A POSSIBLE HEARING ON MAY 18, 1992. MOTION CARRIED. MAYOR Mayor Hall noted the City has received a bill for the recent EMS vote -by -mail election in the L approximate amount of $41,000. Mayor Hall said School Superintendent Brian Benzel has proposed a joint meeting with the City Council on June 23, 1992, 6:00 p.m, prior to the City Council Meeting. The Council agreed to the meeting. COUNCIL Councilmember Earling requested 30 minutes be allotted for the SNOTRAN presentation that is sched- uled on the Extended Agenda for May 26, 1992. Council President Palmer concurred. Council President Palmer thanked Peter Hahn for his service to the City, and noted how well he has been able to work with the Council and Staff. Councilmember Kasper asked Peter Hahn to update the City Council on the Metro Swap. Mr. Hahn said he would do so at the Council Meeting scheduled for Saturday, May 25. City Attorney Scott Snyder referenced Item (G) on the Consent Agenda that was moved to the Execu- tive Session. Mr. Snyder said he is going to ask the Council to take an action, which should be included in the minutes. It was the consensus of the Council to discuss the item at present time rather than the Executive Session. U%Od AUTHORIZE MAYOR TO SIGN SETTLEMENT AGREEMENT WITH SEAWOOD HOMES $40,000.00 Item G on Consent Tq_en_da_T_ S,y City Attorney Scott Snyder requested the Council authorize the settlement agreement in Item (G) n but instruct City Attorney to escrow both the agreement and the $40,000.00 check, releasing it only upon signed releases from all subcontractors of the contractor. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI TO AUTHORIZE THE SETTLEMENT AGREE- MENT AND INSTRUCT CITY ATTORNEY TO ESCROW BOTH THE AGREEMENT AND THE $40,000 CHECK, RELEASING IT ONLY UPON SIGNED RELEASES FROM ALL SUBCONTRACTORS OF THE CONTRACTOR. EDMONDS CITY COUNCIL MINUTES Page 10 April 21, 1992 AT 10:21 p.m, the Mayor and City Council recessed to an Executive Session and adjourned the meet- ing thereafter. THESE MINUTES ARE SUBJECT TO APRIL 28, 1992 APPROVAL. A PERMANENT RECORDING OF ALL COUNCIL MEETINGS ARE KEPT IN THE CITY CLERK'S OFFICE. THE OFFICIAL SIGNED COPY OF THESE MINUTES IS ON FILE IN THE CITY CLERK'S OFFICE. 4RN126J�March, City Clerk EDMONDS CITY COUNCIL MINUTES Page 11 April 21, 1992 "Revised" AGENDA "Revised" EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 - 10:00 p.m. APRIL 21, 1992 CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF APRIL 7, 1992 AND APRIL 14, 1992 (C) APPROVAL OF CLAIMS WARRANTS FOR THE WEEKS OF APRIL 6 AND APRIL 13, 1992 (D) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM CHUCK A. PILKINGTON ($700) (E) AUTHORIZATION TO CALL FOR BIDS FOR 1992 STREET OVERLAY PROGRAM (F) AUTHORIZATION TO PURCHASE TWO (2) NEOTRONICS GAS DETECTORS FOR USE IN CONFINED SPACE ENTRY FROM SAHLBERG EQUIPMENT AND SAFETY SUPPLY ($4,986.00) (G) AUTHORIZE MAYOR TO SIGN SETTLEMENT AGREEMENT WITH SEAWOOD HOMES ($40,000.00) (H) . AUTHORIZATION TO PURCHASE AV-100 CHEMICAL GROUT FROM AVANTI ($10,205.42) AND ALSO CHEMICALS FROM GREAT WESTERN FOR SANITARY SEWER SEALING ($2,124.83) (1) AUTHORIZATION TO PURCHASE AN INLINE LATERAL CUTTER FOR SEWER DIVISION ($5,193.60) (J) AUTHORIZATION TO CALL FOR BIDS FOR CEMETERY STRUCTURE REMODEL (K) AUTHORIZATION TO CALL FOR BIDS FOR BRACKETT'S LANDING UPLANDS IMPROVEMENTS PROJECT (L) AUTHORIZATION FOR MAYOR TO ACCEPT 1992 GRANT AMENDMENT FOR GROWTH MANAGEMENT PLANNING, AND ADJUST 1992 PLANNING BUDGET TO REFLECT ACTUAL GRANT AMOUNTS (M) AUTHORIZATION TO NEGOTIATE THE PURCHASE OF RIGHT-OF-WAY FOR 200TH STREET S.W. WALKWAY 2. AUDIENCE 3. WELCOME TO STUDENTS FROM BERGISCH GLADBACH, GERMANY (Partner School of Edmonds-Woodway High Schoon (5 MINUTES) 4. STAFF RECOMMENDATIONS AND COUNCIL DELIBERATION ON PRELIMINARY ASSESSMENT ROLL FOR PROPOSED LOCAL IMPROVEMENT DISTRICT FOR CONSTRUCTION OF SANITARY SEWERS AND IMPROVEMENT OF WATER MAINS, VICINITY OF 218TH ST. S.W. AND 92ND W. AND ADOPTION OF ORDINANCE 2878 FOR CREATION OF LOCAL IMPROVEMENT DISTRICT NO.213 (Contd. from April 7,1992) (10 MINUTES) 5. FINAL ACCEPTANCE OF WORK BY WRIGHT, SCHUCHART, HARBOR CO. FOR WASTEWATER TREATMENT PLANT AND APPROVAL OF AMENDMENT NO. 10 TO ENGINEERING AGREEMENT ($63,173) (10 MINUTES) 6. HEARING ON PLANNING BOARD RECOMMENDATION FOR AMENDMENTS TO THE EDMONDS SHORELINE MASTER PROGRAM, EDMONDS COMMUNITY DEVELOPMENT CODE SECTIONS 15.36.020(C) AND 15.36.030 CONCERNING 'ASSOCIATED WETLANDS' AS DEFINED BY THE SHORELINE MANAGEMENT ACT (APPLICANT: CITY OF EDMONDS / FILE NO. CDC-6-90) (15 MINUTES) 7. CONTINUED PUBLIC HEARING ON APPEAL OF PRELIMINARY ADB DECISION AND RECEIVE ADDITIONAL PUBLIC COMMENT REGARDING A NEW 3-STORY MIXED USE OFFICE / 5 UNIT APARTMENT BUILDING AT 504 HOLLY DRIVE (APPELLANT: ROBERT DRISCOLL - FILE NO. AP-92-20) APPLICANT: ROBERT BUTTERFIELD - FILE NO. ADB-107-91) (from March 17, 1992) (60 MINUTES) 8. DISCUSSION OF TRANSPORTATION PLAN AND APPROVAL OF AGREEMENT WITH BELL -WALKER ENGINEERS, INC. ($89,151.00) (15 MINUTES) 9. DISCUSSION OF SNOHOMISH COUNTY TOMORROW COUNTY -WIDE PLANNING POLICIES AND INTERLOCAL PLANNING AGREEMENT (30 MINUTES) 10. EXECUTIVE SESSION ON A LEGAL MATTER (10 MINUTES) 11. MAYOR 12. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE