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09/06/1988 City CouncilTHESE MINUTES SUBJECT TO SEPTEMBER 13, 1988 APPROVAL EDMONDS CITY COUNCIL MINUTES SEPTEMBER 6, 1988 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 Laura Hall Roger Hertrich Jo -Anne Jaech Steve Dwyer John Nordquist Jack Wilson CONSENT AGENDA STAFF Mary Lou Block, Planning Div. Mgr. Jack Weinz, Fire Chief Jerry Hauth, Hydraulics Engineer Bobby Mills, Public Works Supt. Bob Alberts, City Engineer Art Housler, Admin. Svc. Director Dan Prinz, Police Chief Jim Barnes, Parks & Rec. Div. Mgr. Greg Ramsland, Equip. Rental Supvr. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Items (8), (C), (D), (F), (G), (I), (K), and (L) were removed from the Consent Agenda. COUNCIL - MEMBER HALL MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE BALANCE OF THE CONSENT AGEN- DA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (C) ACCEPTANCE OF QUIT CLAIM DEED FROM NANCY LOUISE ROWE FOR 10' DEDICATION OF RIGHT-OF- WAY AT 1018 PUGET DR. (H) ADOPTED ORDINANCE 2679 AUTHORIZING IMPLEMENTATION OF IRS CODE 125 ALLOWING PRE-TAX EMPLOYEE CONTRIBUTIONS TO BE MADE TO INSURANCE BENEFIT PLAN �a'' (J) AUTHORIZATION FOR MAYOR TO EXECUTE DOE GRANT ($57,776) AND URS AGREEMENT ($99,102) FOR TALBOT PARK STORM DRAINAGE BASIN STUDY APPROVAL OF MINUTES OF AUGUST 23, 1988 [ITEM (B)ON THE CONSENT AGENDA Mayor Naughten referred to a memorandum from the City Clerk indicating that there was an error on ut,,cJ page 2 in the 4th paragraph after "Administrative Services Director Art Housler..." in which the word "noted" should be elimina'ted.because it was followed by the word "stated". COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE MINUTES AS CORRECTED. MOTION CARRIED. REPORT ON BIDS OPENED AUGUST 15 1988 FOR CATCH BASIN AND SEWER JET CLEANER AND AWARD OF BID TO S HLBERG EQUIPMENT 159, 51 35, INCLUDING SALESTAX) ITEM C ON THE CONSENT AGENDA Councilmember Kasper said specifications for only the equipment was included and not for the vehicle. He inquired why the price for the Ford chassis, as bid by Ben-Ko-Matic was $20,000 less than bid by Sahlberg. Public Works Director Bobby Mills said he could not explain the price differential because each bidder submitted a complete package for the chassis and did not give cost breakdowns. Councilmember Nordquist inquired about the engine size. Equipment Rental Supervisor Greg Ramsland said several different models were considered but Staff felt the International truck best suited the City's needs. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE ITEM (C) PER THE STAFF. REPORT. MOTION CARRIED. A - REPORT ON BIDS OPENED AUGUST 30, 1988 FOR SEAVIEW PARK PLAY STRUCTURES AND AWARD OF CONTRACT TO ' PACIFIC PLAYGROUND, INC., , INCLUDING SALES TAX ITEM D ON THE CONSENT GENDA r Councilmember Wilson said he received several calls from residents who were upset that the City has waited to install the equipment during the peak season. He recommended that playground work be performed during the off season in the future. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE ITEM (D). Parks & Recreation Division Manager Jim Barnes explained that work was started last Fall but various delays were encountered, which was why the equipment was still being installed. MOTION CARRIED. ASUTHORIZATION TO PURCHASE NECESSARY MATERIALS FOR AIR CIRCULATION AND HEAT REDUCTION OF PUBLIC FETY AND C MUNITY SERVICES BUILDINGS 10,000 ITEM F ON THE CONSENT AGENDA) Councilmember Nordquist said the Community Service and Public Safety buildings have been plagued with ventilation and heating problems throughout the years because office cubicles are added without studying the effects on the buildings. He felt that the problem would not be resolved by installing the requested equipment. He said would vote against the item until it was discussed at.a Council committee meeting. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO DISCUSS. THE ISSUE AT THE SEP- TEMBER 27, 1988 COUNCIL COMMITTEE MEETING. MOTION CARRIED. REQUEST FOR APPROVAL TO PARTICIPATE IN CITY OF LYNNWOOD'S TOW AND IMPOUND CONTRACT ITEM (G ON THE CONSENT AGENDA Councilmember Hall recalled that the Council postponed any action on interlocal agreements for the South County area. Councilmember Hall expressed concern that a monopoly would occur if local cities utilized the services of only one towing company and free enterprise would be impeded. Councilmember Wilson - shared the same view. COUNCILMEMBER HALL MOVED,.SECONDED BY COUNCILMEMBER WILSON, TO DENY ITEM (G). Councilmember Hertrich said he felt the contract was unacceptable because: 1) the Mayor of Lynn- wood would make all of the decisions, 2) a storage fee would be charged after 12 hours rather * than the customary 24 hour period, and 3) payment by credit card was not included as part of the contract terms. MOTION CARRIED. �wyrt�eJ ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM JO ANN BAKER ($200 APPROX.), BRIAN H. LEE 150 APPROX. NICOLE LeCOMPTE 1,025.31 , AND ANNA S. ANDERSON MEDICAL COSTS AND LOSS OF WORKING TIME ITEM I N THE CONSENT AGLNUAJ Councilmember Hertrich recommended that the claims for damages from tar and rocks be forwarded to the City of Mountlake Terrace since their crews did the road work. Public Works Superintendent Bobby Mills clarified that Mountlake Terrace is held harmless unless gross negligence is involved as per the interlocal agreement. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE ITEM (I). MOTION CAR- RIED. G AUTHORIZATION TO APPROVE SUPPLEMENT #1 TO KCM AGREEMENT ($15,048) [ITEM (K) ON THE CONSENT AGENDA and AUTHORIZATION TO APPROVE SUPPLEMENT #2 TO KCM AGREEMENT ($35,258) [ITEM (L) ON THE CONSENT Councilmember Nordquist inquired if projects for Shell Creek and Hindley Creek were automatically awarded to KCM. City Engineer Bob Alberts replied negatively. 'He said because.KCM has performed a majority of the survey and evaluations for the two creeks, an amendment to their agreement was discussed and considered to be the most efficient way to proceed. Councilmember Kasper recommended that other alternatives be considered to resolve the problems of the creeks so that the magnitude of the problem is identified. * See Council Minutes of September 13, 1988 EDMONDS CITY COUNCIL MINUTES Page 2 SEPTEMBER 6, 1988 COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE ITEM (K). MOTION CARRIED. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE ITEM (L). MOTION CARRIED. AUDIENCE Mayor Naughten opened the audience portion of the meeting. Pat Ford, 7114 - 164th St., submitted a vicinity map to the City Clerk. Mr. Ford requested the Council to assist the residents in funding underground wiring of utility poles (indicated on the submitted map) along 72nd W. and 164th St. S.W. He said the homes in that area cannot reach their maximum valuation because the utility poles obscure the view of Puget Sound. Mr. Ford suggested that the resulting increased property taxes would recoup monies spent on the undergrounding if the City helps subsidize the costs. Mayor Naughten said the City did not have any funds available to subsidize underground wiring. He suggested that the residents consider an L.I.D. Mayor Naughten said Mr. Ford could obtain information regarding the formation of an L.I.D from the Planning Department. Councilmember Hall suggested that Mr. Ford also speak with Jeff Palmer, Chairman of the Planning Board. Natalie Shippen, 1022 Euclid, inquired if the Architectural Design Board approved the freestanding sign for the Edmonds ferry terminal located at the corner of Dayton and SR 104. She noted that the sign was in violation of the Code. Ms. Shippen pointed out: 1) that the sign would not be tolerated if it was a private sector sign, and 2) that �11.Department of Transporta- tion structures are in violation of the Code. Ms. Shippen said she felt the bowl area receives very little attention and no protection of im- provements that have been made to that area. Chuck Wynne, 16223 - 70th P1. W., said his son was hit by a car near Meadowdale Playfield. He pointed out that there are three schools and a play field in that area but no sidewalks. He requested the Council to consider installing sidewalks to protect the pedestrians. Councilmember Hall inquired if there was a comprehensive sidewalk plan for the Meadowdale area. Planning Division Manager Mary Lou Block said there is a sidewalk plan for major streets in the north end of Edmonds. She noted, however, that the play field is not within the bounds of the City but lies within the city limits of Lynnwood. Councilmember Hertrich recommended that Lynnwood be apprised of the safety concerns of pedestri- ans in the Meadowdale area. clltl ', Councilmember Kasper introduced the new Council Resource Assistant, Judie Van Horn, in the audi- GPi ' ence. Mayor Naughten closed the Audience portion of the meeting. v,,,, tE,,�,.CONTINUED HEARING ON HEARING EXAMINER RECOMMENDATION TO VACATE A PORTION OF UNDEVELOPED RIGHT-OF-WAY OF NORTH MEADOWDALE RD. IN THE VICINITY OF 16224 N. MEADOWDALE RD. ST-3-88/ METCO CONSTRUCTION FROM JULY 19, 1988 AND AUGUST 16, 1988 Mayor Naughten read the motion that was made by the Council on August 16, 1988 as follows: "Coun- cilmember Kasper moved, seconded by Councilmember Jaech, to continue the hearing to September 6, 1988 to obtain testimony regarding the letter from Lovell-Sauerland & Associates; how the situa- tion was handled in Meadowdale Heights and the deed that was originally submitted; and encourage the parties to meet in an attempt to provide a buffer along the pathway. Motion carried". He inquired if the Council desired to proceed on that basis or to open the meeting.up for additional testimony. Councilmember Nordquist raised a point of order. He said upon the advice of the City Attorney, he would step down from the dais because he did not attend the first hearing. City Attorney Scott Snyder noted that the City Clerk received a request to provide video tapes to the Council, as well as a letter. He said it was a matter of the Council's discretion whether or not to accept additional evidence. EDMONDS CITY COUNCIL MINUTES Page 3 SEPTEMBER 6, 1988 Councilmember Kasper said he felt testimony should be related to the motion. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO OPEN THE DISCUSSION FOR PUBLIC INPUT, NOT TO EXCEED TWENTY MINUTES. MOTION CARRIED. Planning Division Manager Mary Lou Block reported that the matter was continued from August 16, 1988 in order to allow for further testimony and for the Council to obtain additional information. Ms. Block said one question raised by Councilmember Kasper was the action taken in regard to Meadowdale Heights. She said approval of that project involved the vacation of the undeveloped right-of-way of 164th Avenue West, lying easterly of North Meadowdale Road, and a portion of the as -platted, undeveloped right-of-way of North Meadowdale Road. She noted that a map depicting those actions was included in the Council packets. Ms. Block said another issue that was raised at the preceding hearings was the potential for a path in the area which is the subject of the vacation request. She said although there is defi- nitely a need for a place to walk safely along North Meadowdale Road, Staff has researched this issue and has found no plan which includes a path in that specific location. The 60 foot right- of-way does provide space for a walkway adjacent to the road. Ms. Block said the Hearing Examiner felt that the proposed vacation request met all the required review criteria, subject to the City being compensated for the property and utility easements being reserved. Ms. Block said several of the neighbors did meet with Mr. Lovell last week to discuss their con- cerns. Councilmember Dwyer inquired about the legal effect of the deed. Mr. Snyder said the quit claim deed limited use to street and roadway purposes. Councilmember Dwyer stated that the Council's decision, then, was controlled by the criteria for vacation of rights -of -way. Mr. Snyder con- curred. Jerry Lovell, Lovell-Sauerland & Associates, 19400 - 33rd Ave W., Lynnwood, said there is suffi- cient room to construct a walkway on the property in question. He felt a walkway on the east side of North Meadowdale Road would serve the public better because sight distance was greater on that side. Mayor Naughten opened the public portion of the hearing. Paul Joslin, 16219 - 70th P1. W., played the video (Exhibit 1) for the Council. It depicted the configuration of the roadway in question, the area that had been cleared of all vegetation, and illustrated the necessity for a walkway. The speaker in the video requested the City to follow the Comprehensive Plan and preserve the 20 foot strip of forest. Janice Joslin, 16219 - 70th Pl. W., said she felt the undeveloped right-of-way should remain as public property and in its natural state. She said the residents of the area valued that tree - lined path. Jeanine Casper, 16100 N. Meadowdale Rd. (Tract 51), was in opposition of the Hearing Examiner's recommendation to vacate the undeveloped right -of -.way. Ms. Casper expressed concern regarding the development of the project proposed by Metco Construc- tion. She said very few trees remain in that area. She said the residents are interested in the construction of a meandering pathway and, also, in preservation of the wildlife. She also ex- pressed concern that the trees adjacent to the roadway would be removed in the process of con- structing the homes and that there would not be room for a walkway. Kathryn Saldin, 16105 N. Meadowdale Rd., was opposed to vacating the undeveloped right-of-way. Bob Anderson, 7370 N. Meadowdale Rd., said he was opposed to the Hearing Examiner's recommenda- tion to vacate the undeveloped right-of-way. He requested the Council to preserve the natural amenities of the North Meadowdale area. Lwanga Lwanga, 16038 - 68th Ave. W., was opposed to vacation of the undeveloped right-of-way. Councilmember Jaech commented that the video depicted an area that had been cleared of all vegeta- tion. Ms. Block said that was an area where the sewer easement was located. Councilmember Jaech inquired if the clearing was conducted in accordance with City permits. Ms. Block replied nega- tively. She said some of the trees were removed outside of the designated area. EDMONDS CITY COUNCIL MINUTES Page 4 SEPTEMBER 6, 1988 Mr. Snyder inquired if the Council wished to admit a letter into evidence from Greg and Jeanine Casper that was submitted to the City Clerk prior to the hearing. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO ACCEPT THE LETTER. MOTION CARRIED. The City Clerk dis- tributed copies of the letter (marked Exhibit 2) and a copy was furnished Mr. Lovell. Mr. Lovell said a majority of the clearing, as was depicted in the video, was done by City crews or under the City's direction by a contractor when the sewer was constructed. He said the 30 foot wide strip that was cleared was necessary to install pipelines. Councilmember Wilson inquired if Mr. Lovell would be agreeable to the construction of a pathway on the undeveloped right-of-way. Mr. Lovell replied affirmatively. He suggested, however, that a pathway be located within 10 to 15 feet of the edge of the pavement so that significant removal of vegetation would not occur. Councilmember Wilson inquired if the project could be developed as proposed and not remove any trees from the undeveloped right-of-way. Mr. Lovell replied affirmatively. Councilmember Dwyer inquired if the City could require bonding to insure that trees were not removed from the undeveloped right-of-way. Mr. Snyder said the City could require bonding through the short subdivision process and request it as a condition of mitigation. If violated, he said, a number of penalties could be imposed. Councilmember Hertrich inquired if the homes, as .proposed, would envelope most of the treed ar- ea. Mr. Lovell said the lots are large enough to accommodate a 30'x60' structure. He noted that a 25 foot front setback and 10 foot sideyard setback is required. Councilmember Hall inquired if Mr. Lovell would be amenable to constructing only three houses as opposed to the proposed four. Mr. Lovell said it would not be economically feasible to construct only three houses. Councilmember Wilson asked Mr. Joslin if the project would be acceptable to the residents of the area if bonding was posted. Mr. Joslin replied negatively. He expressed concern regarding the configuration of the property and the manner in which it could be developed. He felt that the property should be developed with only three houses on it. Mr. Snyder reminded the Council that the proceeding before the Council was not a subdivision proceeding and that the number of units which may be developed on the property was not part of the vacation criteria. He noted that cities have been held liable under the Anti-trust Act for improper use of conditional approvals to prohibit development. Councilmember Hall said a bond could be posted. She noted, however, that many of the contiguous trees would die when the project was under construction. She said because Meadowdale was a pre- cious area, the Council must be very careful with respect to development of that area. Mayor Naughten closed the public portion of the hearing. Councilmember Hertrich said he did not believe that the natural amenities of the undeveloped right-of-way should be destroyed in order to develop the property to its highest use. He felt that a pathway was necessary for the safety of pedestrians and that it could meander through the hillside rather than be'constructed along the roadway. Councilmember Hertrich said he was not in favor of vacating the undeveloped right-of-way. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER JAECH, TO NOT VACATE THE RIGHT-OF-WAY BUT RETAIN IT FOR A PUBLIC WALKWAY. Councilmember Kasper felt the right-of-way should be vacated because he said the greenbelt could be protected and a continuous trail could be included as part of the development. He said four homes could be constructed on the property without any difficulty. Councilmember Jaech expressed concern that a bond would not guarantee preservation of the trees. She said the only way to guarantee that was by retaining ownership of the undeveloped right-of- way by the City. She said she would vote against the Hearing Examiner's recommendation. COUNCILMEMBER HERTRICH SAID HE WOULD INCLUDE DENIAL OF THE HEARING EXAMINER'S RECOMMENDATION AS PART OF THE MOTION. THE SECONDER AGREED. MOTION CARRIED WITH COUNCILMEMBER KASPER OPPOSED. * Mayor Naughten recommended that a comprehensive plan for sidewalks for North Meadowdale Beach Road be formulated in the near future. * See Council Minutes of September 13, 1988 EDMONDS CITY COUNCIL MINUTES Page 5 SEPTEMBER 6, 1988 The meeting recessed at 9 p.m. and reconvened at 9:08 p.m. Councilmember Kasper requested a roll call vote on the last motion. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER DWYER, COUNCILMEMBER HALL, COUNCILMEMBER HERTRICH, COUNCILMEM- BER JAECH, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER KASPER OPPOSED. ' HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING REDUCTION OF SIDEYARD SETBACKS AT 519 WALNUT ST. APPELLANT: CONRAD BAKER AP-19-99/V-19-88 City Attorney Scott Snyder noted, for the record, that Councilmember Jaech lives on Walnut Street, although not directly adjacent to the property in question. He inquired if anyone in the audience objected to her participation in the hearing based solely upon her ownership of a house on Walnut Street. No objection was noted. Planning Division Manager Mary Lou Block reported that on July 7, 1988, the Hearing Examiner held a public hearing on the variance request of JoAnne Schroedel to reduce the required side yard setbacks for property located at 519 Walnut Street. The Hearing Examiner issued a decision on July 21, 1988 approving the variance. On August 3, 1988, Conrad Baker filed an appeal seeking to overturn the decision. Ms. Block noted that a copy of the appeal letter, the Hearing Examiner's report, and a site plan were included in the Council packets. Ms. Block said the subject property is zoned RM 1.5. The Edmonds Community Development Code (ECDC) 16.30.030(A) establishes the minimum side yard setbacks for RM 1.5 property at 10 feet. The applicant seeks a reduction from this requirement to allow 5 foot setbacks. Ms. Block said the subject property is an extremely narrow lot (30 feet). With the 10 foot side yard setbacks, the applicant will be required to develop the property on a 10 foot wide building envelope. She said that dimension would preclude any development on the site. Ms. Block noted that the Hearing Examiner concluded that the variance request met the criteria of ECDC 20.85.010 and granted approval of the variance, subject to four conditions. She reviewed those conditions, as well as the Hearing Examiner's Comments. Ms. Block said it is Staff's recommendation to uphold the Hearing Examiner's decision and refer his comments to the Architectural Design Board (ADB). Councilmember Hertrich inquired about the meaning of Staff's comment that was contained in the Hearing Examiner's Finding #7, "The City determined that the granting of the variances are not a grant of a special privilege". Ms. Block said the property could not be developed with 10 foot setbacks. Councilmember Hertrich commented that the owner of the property was aware of the re- strictions of that parcel when he purchased it. Councilmember Dwyer noted that the City recommended to the Hearing Examiner that a survey be made of the subject property prior to any development. He inquired why the survey was not conducted prior to a decision by the Council so that they would be aware of the true lot lines. Ms. Block said the Council could certainly request that a survey be conducted. Councilmember Dwyer in- quired why Staff recommended that a survey be conducted. Ms. Block said Staff wished to verify the true lot'lines. Councilmember Nordquist referred to the Hearing Examiner's Decision #2, which stated, "No protru- sion into the east setback shall be allowed without further review". He inquired by whom that review would be made. Ms. Block replied the ADB. Mr. Snyder inquired if the lot in question was an original town lot of the City of Edmonds and if it was legal at the date of creation. Ms. Block said it was a part of the original City of Edmonds plat. Mr. Snyder noted that setbacks were not regulated at that time. Conrad Baker, 529 Walnut, said 10 foot setbacks were established to "keep folks from being right on top of each other". Mr. Baker said the property in question does not necessarily have to be developed to its highest use simply because it is zoned RM 1.5. He said two families will dwell on the lot where one family now lives if it is developed to its highest use. Mr. Baker said Exhibit #3 was not accurate because the existing structure is closer than 7-1/2 feet to the east property line. Mr. Baker said if the proposed structure is allowed to be 30 feet high, it will partially block his view. He said, therefore, he considered the proposed structure to be detrimental to the value of his property. Mr. Baker also said the traffic pattern on Beck Lane will be severely impacted if the variance is granted. EDMONDS CITY COUNCIL MINUTES Page 6 SEPTEMBER 6, 1988 Mr. Baker requested the Council to impose a 25 foot height limit on the proposed structure. Greg Pinneo, 21010 - 76th Ave. W., said a house can and will be built on the subject property if the variance is not granted, and it will have 5 foot side yard setbacks as allowed by RS-6 zoning. Mr. Pinneo brought to the Council's attention that Mr. Baker recently sold his property to a developer, and that developer intends to develop the property to its highest use by constructing a six-plex. He said the elevation will be approximately 10 feet higher than the structure that he proposes on the subject property and so their view will not be obscured. Councilmember Nordquist inquired about the parking provisions for the proposed project. Mr. Pinneo said the Code requires two parking stalls per unit. He said four parking stalls will be provided inside of two garages. Mayor Naughten opened the public portion of the hearing. C.V. O'Neil, President of the Heritage House Condominium Association, 535 Walnut, said if the property is developed to its highest use, it will enhance the value of that property but at the expense of the devaluation of adjacent properties. He strongly felt that the structure should be limited to 22 feet in height if the variance is granted. DickHill, 1242 Coronado, urged the Council to overturn the Hearing Examiner's decision. He said setback requirements were established to protect adjacent properties. He believed that the grant- ing of the variance would be a special privilege and it would be at the expense of surrounding property owners. Nyal Headley, 535 Walnut St., said the owner of the property in question was aware of the restric- tive configuration when he purchased that lot. Mr. Headley said the owner could build a house in accordance with the Code but he should not be allowed to build a duplex because it would be detri- mental to the neighborhood. Councilmember Hertrich inquired if the proposed structure on the property in question Would be visible from Mr. Headley's property once the property that was formerly owned by Mr. Baker was developed. Mr. Headley said his view would be obscured once the property formerly owned by Mr. Baker was developed but development would not occur for some time. He added that a variance was not necessary to develop that lot. Mr. Baker reiterated that what was formerly his property can and will be developed with six units and in accordance with Code requirements. Mr. Pinneo said Mr. Headley's view will not be obscured by the structure which is proposed on the property in question but will be obscured by the six -unit complex. Mr. Pinneo said he did not believe that granting of the variance to allow five foot setbacks to build a duplex was a special privilege because a home could be built on that property with five foot setbacks without a variance. Councilmember Kasper inquired what would prevent Mr. Pinneo from building a home on the subject property and then convert it to a duplex. Ms. Block said the setbacks requirements would prevent conversion unless it was converted to an accessory dwelling unit. Councilmember Hertrich inquired if the setbacks of an RM zone must be maintained for a single family unit built within that zone. Ms. Block replied negatively. She said RS setbacks are applied to less than 10,000 square feet but the height limit of an RM zone is allowed. Mayor Naughten closed the public portion of the hearing Councilmember Jaech said the downtown area will become too congested if the setbacks established by the Code are not adhered to. She said the setbacks requirements were established to preserve the open atmosphere that the City enjoys. Councilmember Jaech said she believed that a special privilege would be granted if setbacks were altered to allow development of a parcel beyond what is allowed by the Code. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO OVERTURN THE HEARING EXAMINER'S DECISION. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER KASPER, COUNCILMEMBER DWYER, COUNCILMEMBER HALL, COUNCILMEMBER HERTRICH, COUNCILMEMBER JAECH, COUNCILMEMBER NORDQUIST, AND COUNCILMEMBER WILSON IN FAVOR. Councilmember Kasper said he thought a plan should be available, including the elevations of adjacent building, in order to grant a variance. EDMONDS CITY COUNCIL MINUTES Page 7 SEPTEMBER 6, 1988 PROPOSED ORDINANCE 2680 RELATING TO OPERATION OF SKATEBOARDS AND SIMILAR DEVICES Police Chief Dan Prinz reported that the Public Safety Committee discussed the proposed ordinance at their July 26, 1988 meeting. He said it was forwarded to the City Attorney to amend the ordi- nance to expand the area where skateboarders would not be allowed to use the sidewalks. Since that time, the City has received a petition to expand the proposed restricted area. Councilmember Dwyer noted that the terms "street" and "parking lot" were synonymous pursuant to the definition in the proposed ordinance. He inquired if a private parking lot was included in that definition. City Attorney Scott Snyder replied affirmatively. Councilmember Dwyer in- quired, then, if someone would be prohibited from roller skating on their own parking lot. Mr. Snyder replied negatively. He said that definition encompassed only commercial parking lots to which the general public were invitees. Councilmember Dwyer inquired if the term "unlawful" implied that a criminal misdemeanor charge would be imposed to violators. Mr. Snyder replied negatively. He said such a violation would be considered an infraction. Councilmember Hall said she did not consider roller skates to be in the same league as skate- boards were because they were not as damaging. She was concerned that roller skates were ad- dressed in the wrong ordinance. Chief Prinz said roller skates and skateboards have always been categorized in the same ordinance and have always been prohibited in the streets. He said the new ordinance would preclude that activity in the downtown area on sidewalks. Councilmember Nordquist inquired about the definition of a "toy vehicle". Mr. Snyder said that definition was not referenced in the Code but could be found in Webster's Dictionary. Councilmem- ber Nordquist inquired if a toy wagon would be disallowed in the downtown area. Mr. Snyder re- plied affirmatively. Councilmember Nordquist was concerned about that restriction. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ORDINANCE 2680 RELAT- ING TO THE OPERATION OF SKATEBOARDS AND SIMILAR DEVICES. Councilmember Jaech inquired if the proposed ordinance encompassed areas near the public beach- es. Chief Prinz said it would encompass parking areas open to the public, noting that the City has control over park areas. Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCIL - MEMBER KASPER, TO CONTINUE THE MEETING. MOTION CARRIED. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO AMEND THE MOTION TO EXEMPT TOY VEHICLES, I.E., WAGONS, TRICYCLES, AND KIDDIE CARS, FROM THE ORDINANCE. MOTION CARRIED. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER DWYER, TO AMEND THE MOTION TO EXEMPT ROLLER SKATES FROM THE ORDINANCE. MOTION CARRIED WITH COUNCILMEMBER KASPER, COUNCILMEMBER HALL, COUNCIL - MEMBER JAECH, COUNCILMEMBER DWYER, AND COUNCILMEMBER NORDQUIST IN FAVOR; COUNCILMEMBER WILSON AND COUNCILMEMBER HERTRICH OPPOSED. THE MAIN MOTION CARRIED WITH COUNCILMEMBER DWYER OPPOSED. Chief Prinz inquired, then, if roller skating was permitted in the street on 76th Avenue or 100th Avenue West. Mr. Snyder said the motion eliminated the language that made it illegal to roller skate in the street. He said he would draft an ordinance to maintain the current ordinance and prohibit roller skating in the street for next week's Consent Agenda. qq RECOMMENDATION TO CITY COUNCIL FROM TOURISM COMMITTEE TO FORM TOURISM BOARD Parks & Recreation Division Manager Jim Barnes reported that the City of Edmonds Tourism Commit- tee has reviewed the use of the Hotel/Motel tax in light of the withdrawal by the City from the South Snohomish County Convention/Cultural Center District. Mr. Barnes said it is the feeling of the Committee that tourism promotion for the City of Edmonds and the area is vital. He said while that issue is currently being addressed through the City Tourism Committee and the Arts Commission with 50% of the Hotel/Motel tax, it is the recommenda- tion of the Committee that 100% of those revenues be dedicated for tourism promotion. He said the Committee recommended that the City Council form a Tourism Board which would seek, evaluate, and rank tourism promotion proposals. The successful projects would be funded with the remaining 50% Hotel/Motel tax. Mr. Barnes said an initial proposal on August 17, 1988 recommended that 100% of the funds be available to the Tourism Board. However, after additional input from committee members, the recommendation was altered to use the unallocated 50% of revenue for proposals beyond the work done by the Tourism Committee and Arts Commission. EDMONDS CITY COUNCIL MINUTES Page 8 SEPTEMBER 6, 1988 In response to a statement by Councilmember Wilson, Mr. Barnes clarified that 25% of the Ho- tel/Motel tax would be allocated to the Arts Commission, 25% to the Tourism Committee, and 50% to the Tourism Board. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ACCEPT THE REPORT AND CONSIDER THE PROPOSAL AS PART OF THE 1989 BUDGET. MOTION CARRIED. MAYOR Mayor Naughten noted that the request from Wright Schuchart Company to appeal the bid award for construction of the secondary treatment facilities was denied. COUNCIL Councilmember Hall said she would not be able to attend the NLC meeting in Boston. Councilmember Jaech said a political sign at the Fahey house was in violation of the Code. She requested Staff to investigate that matter. Councilmember Jaech said the contractor did a very good job of patching the roadway where the water lines were installed on Walnut but City crews "made a mess out of that street". She in- quired when it would be repaired. Public Works Superintendent Bobby Mills said that part of the roadway will be torn up to install a storm sewer. He said the holes will be repaired. Councilmember Jaech said the road work that was done to cover the trench on 212th after you cross 9th towards Five Corners was unsatisfactory. Mr. Mills said that patch was temporary. Councilmember Jaech reported that a building contractor on Walnut Street. has not obeyed the .c.a� ity's ordinance regarding hours of operation. She said the police have repeatedly gone out to the site and asked the workers to only work during the designated hours. Councilmember Jaech said, unfortunately, the only remedy citizens have is to call the Police Department. She said, however, the Police Department has more important issues to deal with than to drive out to a site and tell a contractor when they can and cannot work. She suggested that the issue be discussed during the Council committee meetings and that the Council consider authorizing the Code Enforce- ment Officer to write citations. Councilmember Nordquist said he would not be present for next week's meeting because he will be out of town on business. Councilmember Hertrich reminded the Council to review the resolution drafted by the Puget Sound Council of Governments. Councilmember Hertrich said he also has encountered problems with contractors working on weekends and has been driven out of his home due to toxic fumes. He suggested that an action number be established so that citizens can voice their complaints to someone other than the Police Depart- ment. Councilmember Kasper noted that the agenda for the meeting on September 24 included discussion of the budget process, a legal issue and labor issue. Councilmember Kasper requested that the issue of elderly housing be postponed to the November work meeting because he said he has not received all of the information that he requested. The Council agreed. The meeting adjourned at 10:25 p.m. THESE MINUTES ARE SUBJECT TO SEPTEMBER 13, 1988 APPROVAL JACQUELINE G. PARRETT, City Clerk LARRY S. NAUGHTEN, Mayor S- EDMONDS CITY COUNCIL MINUTES Page 9 SEPTEMBER 6, 1988 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 10:00 P.M. SEPTEMBER 6, 1988 CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF AUGUST 16, 1988 AND AUGUST 23, 1988 (C) REPORT ON BIDS OPENED AUGUST 15, 1988 FOR CATCH BASIN AND SEWER JET CLEANER AND AWARD OF BID TO SAHLBERG EQUIPMENT ($159,351.35, INCLUDING SALES TAX) (0) REPORT ON BIDS OPENED AUGUST 30, 1988 FOR SEAVIEW PARK PLAY STRUCTURES AND AWARD OF CONTRACT TO PACIFIC PLAYGROUND, INC. ($21,893.10, INCLUDING SALES TAX) (E) ACCEPTANCE OF QUIT CLAIM DEED FROM NANCY LOUISE ROWE FOR 10' DEDICATION OF RIGHT-OF-WAY AT 1.018 PUGET DR. (F) AUTHORIZATION TO PURCHASE NECESSARY MATERIALS FOR AIR CIRCULATION AND HEAT REDUCTION OF PUBLIC SAFETY AND COMMUNITY SERVICES BUILDINGS ($10,000) (G) REQUEST FOR APPROVAL TO PARTICIPATE IN CITY OF LYNNWOOD'S TOW AND IMPOUND CONTRACT (H) PROPOSED ORDINANCE 2679 AUTHORIZING IMPLEMENTATION OF IRS CODE 125 ALLOWING PRE-TAX EMPLOYEE CONTRIBUTIONS TO BE MADE TO INSURANCE BENEFIT PLAN (I) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM JO ANN BAKER ($200 APPROX.), BRIAN H. LEE ($150 APROX.), NICOLE LeCOMPTE ($1,025.31), AND ANNA S. ANDERSON (MEDICAL COSTS AND LOSS OF WORKING TIME) (J) AUTHORIZATION FOR MAYOR TO EXECUTE DOE GRANT ($57,776) AND URS AGREEMENT ($99,102) FOR TALBOT PARK STORM DRAINAGE BASIN STUDY (K) AUTHORIZATION TO APPROVE SUPPLEMENT 01 TO KCM AGREEMENT ($15,048) (L) AUTHORIZATION TO APPROVE SUPPLEMENT #2 TO KCM AGREEMENT ($35,258) 2. AUDIENCE 3. CONTINUED HEARING ON HEARING EXAMINER RECOMMENDATION TO VACATE A (45 MINUTES) PORTION OF UNDEVELOPED RIGHT-OF-WAY OF NORTH MEADOWDALE RD. IN VICINITY OF 16224 N. MEADOWDALE RD. (ST-3-88/METCO CONSTRUCTION) (FROM JULY 19, 1988 AND AUGUST 16, 1988)= 4.. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING REDUCTION (30 MINUTES) OF SIDEYARD SETBACKS AT 519 WALNUT ST. (APPELLANT: CONRAD BAKER) (AP-19-88/V-19-88) 5. PROPOSED ORDINANCE 2680 RELATING TO OPERATION OF SKATEBOARDS (10 MINUTES) AND SIMILAR DEVICES) 6. RECOMMENDATION TO CITY COUNCIL FROM TOURISM COMMITTEE TO FORM (10 MINUTES) TOURISM BOARD 7. MAYOR 8. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND IIEETI14G ROOMS ARE HANDICAPPED ACCESSIBLE j