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08/06/1985 City CouncilTHESE MINUTES SUBJECT TO AUGUST 13 APPROVAL EDMONDS CITY COUNCIL MINUTES August 6, 1985 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present joinedin the flag sa- lute. PRESENT ABSENT I STAFF PRESENT Larry Naughten, Mayor Lloyd Ostrom Peter Hahn, Comm. Svcs. Dir. John Nordquist Bobby Mills, Actg. Pub. Wks. Supt. Steve Dwyer Elaine Dimon, Actg. Admin. Svcs. Dir. Laura Hall Dan Prinz, Police Chief Jo -Anne Jaech Jack Weinz, Fire Chief Bill Kasper Jim Adams, City Engineer Jack Wilson Mary Lou Block, Planning Director Tom Cole, Student Rep. Steve Simpson, Parks & Rec. Dir. Scott Snyder, City Attorney Shirlie Witzel, Recorder CONSENT AGENDA Mayor Naughten advised that Item (G), Authorization to call for Bids to Reroof the Community Services and Public Safety Buildings, had been removed for further refinement of costs. Items (B), (C), (D), (E), (F), (H), (I), and (L) were removed from the Consent Agenda for further discus- sion. Councilmember Kasper said he had removed items (C) through (L) because they had not been initialed by the Mayor and he did not know how the Mayor felt about each subject. Mayor Naughten said he was unavailable to initial those items and added that his initials do not necessarily infer approval or disapproval. Councilmember Kasper said he would continue to remove items from the Consent Agenda that are not initialed by the Mayor. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE THE.BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the following: (.A) Roll call. (J) Authorization for Mayor to sign Urban Arterial Board Agreements. (K) Authorization for Mayor to sign Interlocal Agreement with the City of Mountlake Terrace and Snohomish County. APPROVAL OF MINUTES OF JULY 30, 1985 [Item (B) on Consent Agenda] Councilmember Jaech asked that page 4, first paragraph under Council, second sentence, be correct- ed to read "Police Chief Dan Prinz replied that they have never accepted bad checks for collec- tion, only for prosecution." COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO AP- PROVE THE MINUTES AS AMENDED. MOTION CARRIED. PROPOSED ORDINANCE 2512 SETTING SALARIES FOR COUNCILMEMBERS TAKING OFFICE JANUARY 1, 1986 tem C on Consent genda COU.NCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO INCREASE THE SALARY OF THE MAYOR PRO TEM TO $200.00 PER MONTH AND ADOPT THE ORDINANCE AS AMENDED. Asked for a clarification of the motion, COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NOROQUIST, TO INCREASE THE COUNCIL PRESIDENT'S SALARY FROM $100.00 TO $200.00 EFFECTIVE JANUARY 1, 1986. Councilmember Hail said the salary was reduced to $100.00 when the Council Resource position was created and asked for the rationale behind the motion. Councilmember Kasper replied that he did not agree with the reduction at the time it was made and does not agree with it now, because the Council President should be reimbursed for the work done. Councilmember Dwyer expressed concern since this is a housekeeping item and the amendment goes beyond that. He said the Council has been concerned with holding down wages in the City and he fears there will be negative reaction if this salary is increased 100%. He suggested the proposed increase be discussed at another time when the background for the decrease could also be explained. Councilmember Hall asked that this .be dis- cussed during the process of hiring a new Resource person. Councilmember Kasper withdrew his motions, agreeable to second. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ADOPT ORDINANCE 2512. MOTION CARRIED. ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM MICHAEL E. REICHMANN ($860,000) jltem (D) on Consent gen a COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO ACKNOWLEDGE RECEIPT OF CLAIM. MOTION CARRIED. ACCEPTANCE OF BID FROM D. K. SIGN GRAPHICS FOR NEW PARK SIGNS ($12,110) LItem (E) on Consent Agenda COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ACCEPT BID FROM D. K. SIGN GRAPH- ICS. MOTION CARRIED. AUTHORIZATION FOR MAYOR TO SIGN UPDATED MUTUAL AID AGREEMENT FOR FIREFIGHTING EQUIPMENT Item F on Consent Agenda COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO AUTHORIZE MAYOR TO SIGN AGREE- MENT. Councilmember Kasper asked that the possibility be explored of receiving credit because the City has a fireboat and should not be required to have the same amount of equipment. In addition, he said, the fireboat will be a benefit to the entire area. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE MAYOR SIGNING THE AGREEMENT. MOTION CAR- RIED. SET DATE OF AUGUST 20, 1985 FOR HEARING ON APPEAL OF PLANNING BOARD DENIAL OF PROPOSED REZONE FROM RS-12 TO RS-8 ZONING FOR THE AREA SOUTH OF CASPERS ST., WEST OF 9TH AVE. N. AND EAST OF 7TH AVE. N. (APPELLANT: WILLIAM KASPER) (R-2-85 A & B ) Item (H) on Consent Agenda] COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, TO SET DATE FOR HEARING. MOTION CARRIED. APPROVAL OF ASSIGNMENT OF MORSE/STAFFORD PARTNERSHIP CONTRACT TO STAFFORD ARCHITECTS item I on Consent Agenda COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE ASSIGNMENT OF CON- TRACT. MOTION CARRIED. PROPOSED ORDINANCES REGARDING MALICIOUS MISCHIEF AND FIREARMS Item (L) on Consent Agenda] Reminding the Council that he had discussed this item at the end of the last Council meeting, Councilmember Dwyer asked that this item be sent to the Public Safety Committee and a member of the City Attorney's office be present to discuss the issues. He said he would not vote in favor of Item (L) since the City does not gain by passage of these ordinances. Police Chief Dan Prinz said the present situation is a problem for officers when they are in the field because they must look up the charges to determine if it is a City or State law. In addition, he said the traffic violations bureau must deal with two different prosecutors and that causes problems. Chief Prinz noted that each City is charged with responsibility to have.ordinances on laws enforced within the community and local control is lost when there is no ordinance. He asked the Council to pass these ordinances and determine at a later date whether the charges should be made through the State or the City. Councilmember Dwyer said he did not classify this as a piece meal action nor does he see adoption of State law as exercising local control. Noting that there is a Committee meeting on August 27, Councilmember Jaech asked if there would be any problem if these ordinances were delayed until they could be discussed on that date. Chief Prinz asked that the ordinances be passed without delay since the City's ordinance on proper- ty destruction was ruled unconstitutional and the ordinance on firearms must not exceed that imposed by the State. Asked by Councilmember Jaech if passage of these ordinances would be a bar to future consideration, City Attorney Scott Snyder replied that passage of the ordinances this evening would not make them effective immediately and they can always be reconsidered. Chief Prinz said a review of the entire criminal code is in process and should be before the Council for review in the near future, but he considers these emergent issues. Stating that Councilmem- ber Jaech'.s idea was good, COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, TO REFER CONSIDERATION OF THE PROPOSED ORDINANCES TO THE PUBLIC SAFETY COMMITTEE ON AUGUST 27. MOTION CARRIED. Mayor Naughten advised there would be an Executive Session, at the request of Councilmember Wil- son, to discuss real estate negotiations following the regular meeting this evening. AUDIENCE Tim Lucum, 702 Alder St., questioned the status of the City regarding fire ratings for homeown- er's insurance. He asked why the rating for Edmonds was higher than that of Lynnwood and asked when the last rating was made. Fire Chief Weinz replied that Edmonds was rated in 1978 as a EDMONDS CITY COUNCIL MINUTES Page 2 August 6, 1985 Class 5 city and Lynnwood was rated after that as a Class 4. The State determines when Cities are rated, he said, the City has no control and the State will not say when they expect to rate City. Asked by Mayor Naughten about the difference in premium because of the different ratings, Chief Weinz said there is not noticeable difference in premium between a rating of 3 and 7 for home owners, but there is a great deal of difference for commercial buildings. Phyllis Hochwalt, 8709 229th P1. S.W., had addressed the Council on June 4 of this year regarding property they own on Summit Lane. They are unable to obtain a building permit, she said, because of conditions that existed before they purchased the property. Noting that there is a safety hazard involved, she said they are willing to pay their share of the necessary improvements. She said they thought the requirement for 6 or 8 inch water mains applied to future development, not the property they purchased. She asked what they must do in order to build on the property. Community Services Director Peter Hahn said the Community Services Committee had discussed this type of problem at their last meeting, how costs are divided when a requirement for utilities benefits others as well as the property owner involved. He said no definitive answers had yet been reached, but the Committee hoped to review an ordinance being drafted by the City Attorney on August 27 with recommendations to come before the Council. Councilmember Hall said the policy would be determined by the Council. Councilmember Kasper said this is an L.I.D. matter because of the safety factors. Mr. Snyder explained that the problems represented by Ms. Hochwalt's situation have been handled during the last ten years with a bond, requiring the developer or owner to install the required improvements; however, prior to that time it was often the last lot that was required to install the larger utilities. He suggested this may be an issue between the Hochwalts and the former owner or a failure on the part of the Hochwalts to discover the require- ments. Ms. Hochwalt asked if a statement on the subdivision regarding failure to comply with requirements by the developer could result in making the subdivision void. Mr. Snyder explained that that right is very rarely exercised after the first sale of the subdivision and in this case exercising such a right would cause even greater hardship at this time. Councilmember Kasper commented that once the City is aware there is only a 2 inch line to that many houses, they must take care of it with a nonprotest LID. Mayor Naughten advised Ms. Hochwalt that this would be reviewed in Committee on August 27 and would be brought to the Coun- cil for a policy decision. PRESENTATION OF COMMUNITY SERVICE AWARDS TO HAROLD AIRIS AND BERT KETCHAM Mayor Naughten commented on the services of the two recipients during the 4th of July parade and activities and presented the awards. He noted that Mr. Airis has served as the 4th of July Pa- rade Chairman for the American Legion and has done an excellent job for many years. Mr. Ketcham has worked on the 4th of July Committee, coordinating the activities of the 4th, for the past four years. Mayor Naughten then introduced both Mrs. Airis and Mrs. Ketcham. Mr. Airis expressed thanks on behalf of the American Legion for the help and cooperation received from the City. He said he had been working on the parade since 1951 and believes it is getting better every year. Mr. Ketcham thanked the Council representatives, the Fire Department and the Police. Department for their assistance and said it is a pleasure to work with such a good City government. He said he receives pleasure watching the City enjoy the 4th. HEARING ON HEARING EXAMINER .RECOMMENDATION TO VACATE THE WESTERLY 120' OF ALLEY LOCATED BETWEEN ALDER AND MAPLE STS. ADJACENT TO 317 5TH AVE. S. .(RAINIER TRUST DIVISION/ST-5-85) Councilmember Jaech explained that she had worked in the Trust Department of Rainier Bank for four or five years prior to 1981, but had never had contact wi�Vl the Strickland account during that time. Planning Director Mary Lou Block read the memorandum and portions of the attached Hearing Examin- er's report that were included in the Council packets. She said staff recommends adoption of the Hearing Examiner's recommendation and direction to the City Attorney to prepare the necessary ordinance to complete the alley vacation, with the following change to paragraph 1. on page 4 of the Hearing Examiner's report "An easement should be returned to the City of Edmonds for munici- pal and utility purposes, allowing the City to grant such easement to PUD." Asked how the proper- ty was evaluated by Councilmember Kasper, Ms. Block said the current County assessment was used; she did not know the date of the evaluation. Councilmember Jaech noted .that Rainier Trust Divi- sion is acting as trustee in this application and is not the applicant. Mr. Snyder explained that legal ownership is split between the two entities. Councilmember Kasper questioned the value of $7.25 per square foot for commercial land. Mayor Naughten opened the public hearing. Since there was no one present wishing to speak on this issue, the Mayor closed the public hear- ing. 1 EDMONDS CITY COUNCIL MINUTES Page 3 August 6, 1985 Councilmember. Kasper expressed concern in using the assessed valuation when dealing with commer- cial land. Referring to an ordinance adopted recently by the Council pertaining to vacation of right-of-ways, he said he believed the ordinance dealt with residential vacations. He said lack of a current assessment might leave the Council open to criticism. He will investigate the value and the relationship of this property to the market. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO CONTINUE THE HEARING TO AUGUST 20 AND CLOSE THE AGENDA FOR THAT EVE- NING. Councilmember Nordquist asked if the staff had received adequate instructions. Councilmem- ber Kasper would like to have a current valuation of the property and the date of the County appraisal and valuation, he said an appraisal was not necessary. Councilmember Dwyer said this move would necessitate provision of an opportunity for rebuttal by the applicant, moving any resolution into September. He added that the applicant must know how the value is figured in order to address the value. Mr. Snyder agreed that any change in the figure must come in a form that can be included in the record and can be addressed by the applicant. Mr. Snyder noted that the ordinance previously referred to was passed to spare the staff the necessity of conducting appraisals. Noting that the property is not typical, he said the figures before the Council were not developed by the staff but were taken from the County assessment. MR. NORDQUIST WITHDREW HIS SECOND TO THE MOTION. MOTION DIED FOR LACK OF A SECOND. COUNCILMEMBER KASPER MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER JAECH, TO CONTINUE THE HEAR- ING TO AUGUST 20 TO REVIEW THE VALUATION. Councilmember Jaech asked if the staff are to obtain an appraisal, to which Councilmember Kasper replied that that was up to them. He wishes to know the date of the assessment, if it is four to six years old, he will ask for a new appraisal. If the assessment is current and matches other properties in the area, he would see no need for an appraisal. Following a suggestion by Councilmember Jaech that requesting an appraisal now would save time, Ms. Block said the time required for an appraisal is significant and the cost would approach $2,000. If an appraisal is desired, she suggested continuing the hearing to a date further in the future. In order to determine if a delay would pose a problem for the applicant, COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO REOPEN THE PUBLIC HEARING. MO- TION CARRIED. Annette Edlund, Real Estate Trust .Officer with Rainier Bank, said there are no definite plans for the property at this time, but the plans cannot -be made until the alley is vacated. She said they have cooperated with the City to obtain the vacation and have agreed to pay the amount re- quested. She said they would prefer to have it settled this evening, but if the hearing is contin- ued, she would like to know in order to be present. Councilmember Wilson asked if she were aware of how the value was placed on the property, to which Ms. Edlund replied that it is the assessed value; there are no recent appraisals because ownership has not changed for many years. She said she is a new trust officer to the account and is not familiar with Edmonds values. Mayor Naught - en closed the hearing. A ROLL CALL VOTE WAS TAKEN ON MOTION TO CONTINUE HEARING, COUNCILMEMBERS HALL, KASPER, JAECH AND WILSON VOTING YES; COUNCILMEMBERS DWYER AND NORDQUIST VOTING NO. MOTION CARRIED. Councilmember Dwyer suggested that staff determine the date of assessments on any future item of this type. HEARING ON APPEAL OF HEARING EXAMINER DECISION TO DENY VARIANCE TO ALLOW ADDITIONS TO PENTHOUSE AT 555 ALDER ST. (APPELLANT: DEAN ECHELBARGER/V-I4-85) Ms. Block reviewed the appeal before the Council. The staff recommends adoption of the Hearing Examiner recommendation to deny the variance request, she said. Transparencies were show depict- ing the proposed additions. Councilmember Kasper asked how these additions differed from those at the Ebb Tide. Ms. Block replied that the Ebb Tide was a totally enclosed structure with exist- ing walls, ceiling and floor, the addition was glass walls on the open side. Noting that the Hearing Examiner seems to adopt the staff position in this matter, Councilmember Dwyer asked if that position would be the same if the code had allowed a building to be 40 ft. when this building was constructed and the code had changed later. Ms. Block said it would still be an existing nonconforming building. Councilmember Dwyer asked whether the issue is that a prior variance had been granted or that this is a nonconforming structure. Ms. Block replied that the application does meet several of the criteria for a variance; however, there was no way to see that this was a special circumstance created by the lot or unusual situations that substan- tiate a variance. Mr. Snyder said the initial -response to the application was that it seemed to present no problems. An opinion was requested from the City Attorney's office and research indi- cated that national law is clear that, once a variance has been established, the building estab- lishes the extent of the nonconforming use and the variance for the future. Mr. Snyder said he felt a variance would be necessary to proceed. In reference to the Hearing Examiner's statement that granting the variance .would be a special privilege, Councilmember Dwyer asked if this were conceived to be a special privilege because it is granting a variance to a nonconforming use or because it is granting a variance to a project that has already had a variance. Community Services Director Peter Hahn responded that it re- EDMONDS CITY COUNCIL MINUTES Page 4 August 6, 1985 lates to all of the criteria listed starting with paragraph 8A, no special circumstance exists. Asked if the existence of the nonconforming use or the existence of the prior variance makes it a specialprivilege to grant another variance, Ms. Block replied that the staff felt it was not.a hardship situation that would substantiate a variance from the special circumstances of the law. Councilmember Dwyer asked if the reason for denial should be that there is no special circum- stance. Ms. Block replied that that would then make it a special privilege. In addressing the basis for the special privilege argument, Mr. Snyder said that arises in a situation where there is a special topographical problem and a variance is denied for one or two of the properties but not the others. Councilmember Hall said airspace in a nonconforming building that might be enclosed might need a variance because of mass, but not because of height. Councilmember Wilson asked for clarifica- tion of language, used by the City Attorney during the ADB meeting that considered this applica- tion, in reference to being able to rebuild to the general outlines of a building that has burned. Mr. Snyder said he was quoting from two cases that seemed to set the national standard. He said it is difficult to determine the precise outlines of a building that has burned; there- fore, the building may be rebuilt to the general outlines but may not be expanded in any signifi- cant way. Councilmember Wilson noted that this appears to be a gray area in which the use of common sense by the Council is needed in making a decision. He said he finds it difficult to be opposed to something that is not hurting anyone. Councilmember Kasper noted that the balconies on the Ebb Tide are closed on both ends and this balcony is not; he does not see any real differ- ence. Dean Echelbarger, 555 Alder St., distributed photos of the area involved in the proposed addi- tions. He described the difficulties they have experienced in obtaining approval of their re- quest for a variance, noting that anyone living at ground level would have already been granted a variance after one hearing with the ADB. Because they are in a 20 year old building that is over the new height limitations, he said they must apply for a variance to modify their home. He then described the specific changes they wish to make, illustrating these with the pictures before the Council. Referring to the Community Development Code, 20.85, regarding the definition of special circumstance, he said the fact they are overheight makes it a special circumstance. He said he has not been able to determine from anyone what the special privilege might be that is being alluded to. Mr. Echelbarger suggested that there are many others in the City who share their situation in overheight buildings. He said denying them and other condominium owners the right to remodel their homes is denying a privilege that is allowed everyone else in town. When the code appears to be in conflict, he said there must be some provision for issuing permits or other people may not ask for permits to remodel their homes. Mr. Echelbarger compared his experience before the ADB, where he was cautioned not to build anything prior to approval of a variance by the Hearing Examiner, with that of an application by the City for a greenhouse, which had already been built before the application came before the ADB. He then discussed the remodeling of the Ebb Tide and said there was no building permit issued for that construction. Submitting that the Council has the authority to make a decision to approve this project, he said denial would deny them the right allowed other citizens in Edmonds. Asked by Councilmember Dwyer to describe the special circumstance he perceives, Mr. Echelbarger replied that the height of their building creates a special circumstance. He said heights were not being addressed, but a special circumstance that a succeeding owner may wish to correct. He is not trying to correct the height. He does not believe that a variance should have been re- quired to build the improvements. Councilmember Dwyer asked why the Ebb Tide was not required to obtain building permits for the renovations. Ms. Block replied that the City Attorney at that time agreed that no variance would be required on the east since the modifications did not exceed the present roofline, replaced a previous trim and created no additional living space. On the west side, she said there was exist- ing space with walls, floors and ceilings. Mr. Snyder said the previous City Attorney rendered an opinion on the Ebb Tide. He remarked that this is an area where zoning codes are required to have a degree of finality with equal protection under the law. The variance applies when a per- son would be deprived of the economic viability of their property, he said. He read a portion of the Code relating to special privilege. Contrasting the improvements made to the Ebb Tide and the proposed additions, he said the proposal would extend a portion of the building rather than just enclosing existing space. Not accepting that there is special privilege, Councilmember Dwyer asked for a response regarding the elevation of ''the building constituting a special circumstance. Ms. Block replied that it is a special circumstance but it was created by the owner or previous owner of the ;property. Mr. Echelbarger replied that the statute does not have reference to the height of the structure. Mayor Naughten closed the public hearing. Councilmember Hall said the first conclusion on page 5 is not correct and she would like the Hearing Examiner,to spell it out for her. She said there is an overhang in place and how can it then exceed the height. Mr. Snyder explained that it fills in additional air space and increases EDMONDS CITY COUNCIL MINUTES Page 5 August 6, 1985 the degree of nonconformity. Councilmember Hall said this is dealing with mass not height. She said she would not be comfortable with any vote taken on this. Councilmember Jaech noted that the Hearing Examiner discusses 30 ft. limitation and it should be referring to a 25 ft. limitation. Having reviewed the criteria and not believing that an eleva- tion over 25 ft. is a special circumstance and believing that granting the variance would confer a special privilege, seeing that the variance may or may not be in conflict with the purposes of the Comprehensive Plan, believing the variance would be in conflict with the zoning code, that Item E of the criteria does apply and denial of the variance would not prohibit enjoyment of the property, she would have to vote against the variance. Councilmember Kasper believes this should not have been a variance requirement by the City and does not believe the City should be intruding into the interior of the building. He said he would vote to override the Hearing Examiner's decision. Councilmember Hall said she would refuse to vote because this is a poor example of criteria. She would like to have it cleaned up. It was generated by the City Attorney, who second guessed the Hearing Examiner interpretation. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO OVERRIDE THE HEARING EXAMINER BY VIRTUE OF THE FACT THAT THIS WAS NOT A VARIANCE ITEM, INSTRUCTING STAFF TO ISSUE NECESSARY PER- MITS AND RETURN HEARING EXAMINER FEE. Because it does not address the issues, Councilmember Dwyer will vote against the motion. Councilmember Jaech said passage of the motion would be a precedent for all types of balconies and extended decks in the City. She said this would be a dangerous precedent. Councilmember Hall said she may abstain and this type of situation should be clarified in the Community Services Committee. Councilmember Nordquist questioned the wording of the motion that declares this is not a variance and then overrides decision of the Hearing Examiner regarding a variance. COUNCILMEMBER KASPER AMENDED HIS MOTION TO INDICATE THE HEARING EXAMINER HAD NO JURISDICTION IN THIS CASE SINCE THIS WAS NOT A VARIANCE ITEM, BASED ON PREVIOUS FACTS PRESENTED TO THE COUNCIL AND PREVIOUS ACTIONS OF THE CITY. Because of the change in mo- tion, Councilmember Wilson withdrew his second to the motion. MOTION FAILED FOR LACK OF A SECOND. Councilmember Jaech noted that the variance had been required on advice of legal counsel. Council - member Kasper said the applicant had filed for a variance on that basis, but Mr. Kasper does not agree that it should have been a variance item. COUNCILMEMBER KASPER MOVED THAT THE COUNCIL FIND THAT THE HEARING EXAMINER LACKED JURISDICTION TO HEAR THIS VARIANCE IN THAT THE REQUESTED ACTION LIES WITHIN THE BUILDING SHELL AND THEREFORE DOES NOT CONSTITUTE AN EXPANSION OF THE EXISTING NONCONFORMING USE. MOTION DIED FOR LACK OF A SECOND. Councilmember Hall said it is apparent the issue is not clear, but she is not sure how it should be handled. Mr. Snyder explained that, in his opinion, the issue of special circumstances upon which the Council decision hinges is clear as stated in the City Ordinance. The issue of whether a variance was required in the first place, he said, has no clear Washington precedent. An issue that could be remanded to the Hearing Examiner, he added, is to examine whether he had jurisdic- tion to consider this matter and whether the variance is required. Councilmember Hall said the staff made a decision on another building and a permit was not issued; now, the staff was not willing to make a similar decision on this. In addition, she said there are two different inter- pretations regarding paragraph 1. COUNCILMEMBER JAECH MOVED TO ADOPT THE RECOMMENDATIONS OF THE HEARING EXAMINER. MOTION DIED FOR LACK OF A SECOND. In view of the unclear nature of this issue, referring to the introductory paragraph and the conclusion of the Hearing Examiner report, Councilmember Nordquist said he does not believe the Hearing Examiner made a case. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, THAT THE COUNCIL OVERRIDE THE HEARING EXAMINER'S FINDINGS AND PERMIT THE VARIANCE. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEMBERS HALL, KASPER, NORDQUIST AND WILSON VOTING YES; COUNCILMEMBERS DWYER AND JAECH VOTING NO. MOTION CARRIED. Councilmember Hall said this topic would be discussed at a Community Services meeting. Mayor Naughten recessed the meeting for eight minutes, reconvening at 9:50 p.m. HEARING ON REDUCING SPEED LIMIT TO 20 MPH ON SUNSET AVE. City Engineer Jim Adams said this was recommended by the Sunset Ave. Committee and the Police Dept. He said there is a slight added hazard due to the angle parking. Councilmember Kasper asked what criteria are used in measuring speed, since in past cases the average speed has been determined and enforcement used above that point. Chief Prinz noted that he had not been in- volved in previous speed limit determinations. His concern in this case is the backing of vehi- cles into traffic on a street that is a view overlook. He agreed to a comment that there is a problem on Caspers between Sunset and Third Ave. also. Councilmember Hall also mentioned the EDMONDS CITY COUNCIL MINUTES Page 6 August 6, 1985 bike lane that also adds to the narrowing of the street. Mayor Naughten opened the public hear- ing. Robert Hertrich, 1020 Puget Dr., as a member of the Sunset Ave. Committee in the past, favors anything that will alleviate problems on that street. He questioned whether a 20 mph limit would be enforceable. He agreed that there is a problem with safety because of the recent changes on the street and believes it would be good to try this. He added that perhaps strict enforcement of the 25 mph might be the answer rather than lowering the speed. Chief Prinz said lowering the speed would serve a psychological purpose in that most people perceive a 20 mph zone as something special and they tend to pay more attention. Mr. Hertrich asked that adequate warnings be posted of the change to avoid having to give everyone a ticket on the first day. Since there was no one else wishing to speak, the hearing was closed. Councilmember Hall said the 20 mph limit is a compromise since some residents wanted a 15 mph limit. She said the 20 mph should be extended to the stop sign on Caspers, a very narrow section which presents further hazard. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO EXTEND THE MEETING TO 10:30 P.M. MOTION CARRIED WITH COUNCILMEMBER NOROQUIST VOTING NO. Councilmember Wilson asked that a sign indicating 20 mph "scenic drive" be installed to provide even more impact for motorists. Chief Prinz said signs cautioning traffic about backing vehicles is planned. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO ADOPT ORDINANCE 2513 SETTING A SPEED LIMIT OF 20 MPH ON SUNSET AVE. FROM-EDMONDS TO CASPERS ST. MOTION CARRIED. Councilmember Kasper said he would vote for the motion on the basis that this makes it more like the park it is. MOTION CARRIED. DECISION ON PROPOSAL TO PLACE BOND ISSUE ON BALLOT FOR PURCHASE OF OLYMPIC ELEMENTARY SCHOOL, AND PROPOSED ORDINANCE 2514 CALLING FOR ELECTION FOR ISSUANCE OF G. 0. BONDS, AND PROPOSED ORDINANCE 2515 CALLING FOR ELECTION ESTABLISHING AN EXCESS TAX LEVY COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER NOROQUIST, THAT PROPOSED ORDINANCE 2514, CALLING FOR AN ELECTION FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURCHASE OF OLYMPIC ELEMENTARY SCHOOL BE ADOPTED AND PLACED ON THE FALL BALLOT. Councilmember Kasper questioned the need for the City to use G. 0. bonds rather than using an excess levy to finance the entire pur- chase. Mr. Snyder explained that the major difference would be that money used for purchase would come from regular tax revenue rather than out of an excess levy approved at the date the G. 0. Bonds were issued; he said it would be necessary to increase the excess levy the amount neces- sary to raise $2.8 million over the period of purchaso%:,. Councilmember Kasper expressed doubt that the City is receiving the best terms for a cash purchase. Mr. Snyder said the concept of Arbitrosh is involved,in that the IRS prohibits a municipality from issuing a bond issue and placing the money into an investment that makes more than is being paid. Councilmember Jaech noted that both items, if approved this evening, will appear on the November ballot; if voters pass one item but not the other, the Council does not have to go ahead with the purchase. In addition, she said her vote to place this on the ballot does not say that she agrees to the pur- chase. -MOTION CARRIED. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO ADOPT PROPOSED ORDINANCE 2515. Councilmember Jaech explained that this item will increase the tax base which is used by the City in assessing taxes and voters will be passing two additional taxes if this is approved. Council - member Dwyer pointed out that it may not be necessary to use the increase. Councilmember Jaech asked if the excess levy sustaining fund will pay for all of the operating costs of this facili- ty. Councilmember Kasper said the sustaining fund will make up the difference between the reve- nue and the operating costs. Parks & Recreation Director Steve Simpson explained that revenues from rental of the gymnasium, meeting rooms, and fields, as well as special events should equal the difference between the costs and the sustaining fund. MOTION CARRIED. AUTHORIZATION TO CALL FOR BIDS FOR MAINTENANCE AND EQUIPMENT BUILDING AT FIRE STATION 2 Fire Chief Jack Weinz described the need for this building to replace an existing building that is in need of repair and is not large enough to house the equipment that has been acquired since 1971. Several slides were shown depicting the condition and size of the existing building. Councilmember Kasper asked the zoning of the area, to which Ms. Block replied that the property is zoned public use, the area to the north and east is zoned multifamily. Councilmember Kasper asked why this is not being considered during the budget process. Chief Weinz replied that re- pair or replacement of the building should be done now, since the equipment can be left outside during good weather. Because the expansion of the fire station was postponed until the fire study was completed, Councilmember Kasper said the Council should look at that expansion rather than doing this on a piecemeal basis. Chief Weinz said the proposal had been before the Public Safety Committee twice and they had advised placing it on the agenda. 1 EDMONDS CITY COUNCIL MINUTES Page 7 August 6, 1985 f' 1 Councilmember Hall asked if the .proposed structure could be planned to be phase I of an expanded project to add to the station. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO EXTEND THE MEETING TO 11:00 P.M. MOTION CARRIED. Councilmember Wilson said the proposed building will house the small pumper. Granted it is not a major addition to the building, but it is also a substantially less amount of money, he said. If that is not a reality, he said something must be done immediately and the larger project may not be a real possibility. Councilmember Nordquist asked that a detailed drawing of the proposed structure and its location on the site be presented for consideration. Councilmember Jaech agreed that the Council would like to see a schematic of the location -of the building as well as a plan for future expansion. Councilmember Dwyer suggested that the Council will have an opportu nity to see the plans if there were a problem at the ADB level. Councilmember Wilson noted that the Council appears to be receptive to the proposal but wants to see the plans and asked Chief Weinz to bring those back for review. COUNCILMEMBER NORDQUIST MOVED,.SECONDED BY COUNCILMEMBER JAECH, TO PLACE THIS ITEM ON THE AUGUST 13 AGENDA. MOTION CARRIED WITH COUNCILMEMBER KASPER VOTING NO. MAYOR Mayor Naughten advised that there is a liquor application from Mike's Marina which has been inves- tigated by the Police Dept. The Council voiced no objection. The Mayor mentioned a letter received from James Morrow, President of the Main Street Committee, complimenting the City on the flower program and the effect upon the City. Mayor Naughten reported there is a notice from Chambers Cable that rates will be increased. The Mayor announced a Driftwood Players production "A 1950 Musical Revue" for August 15, 16, 17 and 18. The Players wish to raise money to pay for the lighting project. at a cost'of.$29,OOQ and he urged everyone to support this effort. Mayor Naughten added that the theatre is a handicapped facility. COUNCIL COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO EXCUSE THE ABSENCE OF COUNCILMEM- BER LLOYD OSTROM. MOTION CARRIED. In reference to the meetings in the parks held during the summer, Councilmember Hall complimented Landscape Designer Linda Sullivan for her work on this project. Councilmember Kasper asked if the funds approved earlier this evening for street expansion on 220th were to be used outside the City.. Mr. Adams replied in the negative. Councilmember Nordquist noted that he had accepted the resignation of the Council Resource Person and he. is waiting to discuss the position with the Council before taking any action. Councilmem- ber Dwyer suggested a dinner.meeting be.scheduled to discuss this item. The meeting was recessed to Executive Session for discussion of real estate negotiations at-10:40 p.m., adjourning at 11:15 p.m. AC ELINE G. PARRETT, City Clerk A LATOY S. . INAUGHTEN, flay6r EDMONDS CITY COUNCIL MINUTES Page 8 August 6, 1985