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11/04/1985 City CouncilTHESE MINUTES SUBJECT TO NOVEMBER 12,1985 APPROVAL EDMONDS CITY COUNCIL MINUTES November 4, 1985 A special (Monday) meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten .n the Plaza Meeting Room of the Edmonds Library. All present joined in the flag salute. PRESENT STAFF PRESENT Larry Naughten, Mayor Peter Hahn, Comm. Svcs. Director John Nordquist Mary Lou Block;, Planning Div. Mgr. Steve Dwyer Don Prinz, Police Chief Laura Hall Duane Bowman, Asst. City Planner Jo -Anne Jaech Hal Reeves, Building Official Bill Kasper Scott Snyder, City Attorney Lloyd Ostrom ! Bobby Mills, Public Works Supt. Jack Wilson i Jack Weinz, Fire Chief Tanury Schwartzei, Student Rep. Pat Lemay, Personnel Mgr. Jackie Parrett, City Clerk Margaret Richards, Recorder Mayor Naughten welcomed everyone. He noted that a new carpet had been installed. CONSENT AGENDA Items (B), (C), (G),.(L) and (M) were removed from the Consent Agenda. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The. approved items on the Consent Agenda included the following: (A) Roll call (D) Acknowledgement of Receipt of Claims for Damages from Wendy Bozo ($10,104.21), Harold F. Thomas ($1,650.45.), and Carol Hopkins ($167.56) (E) Approval of Council Assistant Contract (F) Approval of.Jail Services Contract Addendum with Snohomish County (H) Proposed Ordinance 2532 Regarding Revision and Reorganization of.the City's Criminal Ordinances (I) Proposed Ordinance 2533 Repealing Chapter 4.08 of Edmonds City Code Relating to Licensing of Ambulance Operators (J) Authorization for Mayor to Sign Employee Assistance Program Contract with Resources Northwest ($2,520) (K) Authorization for Mayor to Sign Proposed Contract with Western Surveyors, Inc., for Culvert at 76th Ave. W. and Meadowdale Beach Rd. ($2,790) (N) Authorization for Mayor to Sign Contract for Coastal Zone Management Grant No. G0086021 APPROVAL OF MINUTES. OF OCTOBER 15,1.985 AND OCTOBER 29, 1985 [Item (B) on Consent Agenda) It was noted in the fifth paragraph of the October 29, 1985 minutes, the sentence "Councilmember Hall gave Mr. Agnew a well -deserved kudos for the work he's done in representing the South County area, especially in the parks and recreation areas" should be inserted. COUNCILMEMBER HALL MOVED, SECONDED BY,COUNCILMEMBER KASPER, THAT THE MINUTES OF OCTOBER 29,.1985 BE APPROVED AS AMENDED AND THE MINUTES OF OCTOBER 15, 1985 BE APPROVED. MOTION CARRIED. 1 1� i I DECISION ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF HEARING EXAMINER'S N HOME OCtUPATION PERMIT (POMEROY/CU-9-85)Lltem C on the tonsent qen a Councilmember Jaech stated that she was not in attendance at the final hearing, but noted in research she conducted prior to the hearing discovered that the amount of space being taken up with the operation of the business far exceeded the amount of space allowable according to Code. Attorney Snyder added that while the Council did not address this issue in its instructions to him, he did include a finding under the Conditions which provided that in no event should the area which approval extends exceed the square footage of the home. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR ADOPTION OF FINDINGS OF FACT & CONCLUSIONS OF LAW REGARD- ING APPEAL OF HEARING EXAMINER'S DECISION ON HOME OCCUPATION PERMIT. MOTION CARRIED, WITH COUNCIL - MEMBER JAECH ABSTAINING. PROPOSED ORDINANCE 2531 PROVIDING INDEMNIFICATION OF EMPLOYEES AND APPOINTED/ELECTED OFFICIALS tem on the Consent AgendaJ COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO MOVE THE PROPOSED ORDINANCE 2531 FOR DISCUSSION ON NOVEMBER 12, 1985. MOTION CARRIED. Councilmember Kasper then requested Attorney Snyder to comment on the proposed ordinance. Mr. Snyder stated that the Council had instructed him to modify the Bellevue Ordinance, and that Mr. Kasper requested several weeks ago if any policy alternatives were recommended that Mr. Snyder discuss them with the Council. Mr. Snyder then reviewed the modifications. AUTHORIZATION TO CALL FOR BIDS FOR CROSSWALK MARKING PROJECT [Item (L) on the Consent Agenda] In response to Councilmember Nordquist's question, Mr. Hahn stated that the markers being consid- ered were the permanent plastic applications that have an adhesive quality and were different than markers they already had. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE AUTHORIZATION TO CALL FOR BIDS. MOTION CARRIED. AUTHORIZATION TO REDUCE SANITARY SEWER EASEMENT AT 712 - 7TH AVE. S. [Item (M) on the Consent Benda Councilmember Jaech related a concern by a property owner near 6th Avenue that the cul-de-sac development was adding drainage to her property. Mr. Bowman stated that the property Ms. Jaech described was not the subject property. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE AUTHORIZATION TO REDUCE SANITARY SEWER EASEMENT AT 712 - 7TH AVE. S. MO- TION CARRIED. AUDIENCE Dennis Russell, 23705 - 74th Ave. W., stated he was President of the Lake Ballinger Community Club and was present on its behalf. He read a proposed resolution addressed to the City of Mount- lake Terrace regarding a moratorium of the shooting of Canadian geese, ducks and other birds on Lake Ballinger. Mr. Russell then requested that the City of Edmonds officially protest the shoot- ing of wildlife on. Lake Ballinger and request: 1) that the City of Mountlake Terrace immediately cease the shooting and acknowledge their compliance thereof and, 2) that the City of Mountlake Terrace agree to the formation of a Citizens' Advisory Committee to be appointed by both Councils to review proposals affecting the lake and would assist the government in finding acceptable solutions to issues. If the City of Mountlake Terrace does not officially acknowledge their compliance with the request to cease shooting on Lake Ballinger until a Citizens' Committee can study the issue, Mr. Russell requested that a court injunction be sought to stop further shooting. Councilmember Hall stated that Mr. Russell's concept of a Citizens' Committee would be a workable solution. Mr. Russell added he had petitions signed by residents of Lake Ballinger. Mayor Naught - en asked that he give them to Jackie Parrett, the City Clerk, so they could be.identified and entered into the record. Mr. Russell suggested that Mayor Naughten and the mayor of Mountlake Terrace each appoint five citizens for the Committee. Mayor Naughten asked Mr. Russell if he would accept .the appointment. Mr. Russell concurred. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, THAT THE COUNCIL MAKE A FORMAL REQUEST TO THE CITY GOVERNMENT OF MOUNT - LAKE TERRACE TO SUSPEND THE SHOOTING OF DUCKS AND GEESE AND THAT A CITIZENS' COMMITTEE BE FORMED TO RESOLVE THIS ISSUE. MOTION CARRIED. Doug Rogers, 23627 - 75th Ave. W., expressed a concern regarding the manner in which people who are shooting the birds on Lake Ballinger transport their guns. Carol Chapman, 23321 - 75th Ave. W., commended the Council for their proposed action. She noted there was a two week moratorium on duck hunting; however, geese were still open game. She stated that irresponsible shooting on the golf course. continues. to endanger school children and passersby and plans to attend the Mountlake Terrace City Council Meeting to protest. The Mayor closed the audience portion of the meeting. EDMONDS CITY COUNCIL MINUTES Page 2 November 4, 1985 HEARING ON APPEAL OF HEARING EXAMINER DENIAL OF APPEAL OF ISSUANCE OF MODIFICATION TO A BUILDING PERMIT 17 LAKE B LLINGER WAY (APPELLANT: BOB B A brief video presentation and description of the subject property was conducted by Peter Hahn, Community Services Director. He stated he and the Department felt that the permit issuance and the modification of the permit followed well -established existing codified City procedures and policies. Mr. Hahn then referred to the Hearing Examiner's Findings, Conclusions & Decisions noting that an appeal of the permit modification was filed by Mr. Bove and subsequently denied and Mr. Boye is appealing the Hearing Examiner's decision. Mary Lou Block, Planning Division Manager, highlighted the most relevant conclusions and decisions of the Hearing Examiner regard- ing the issuance of the permit noting that the Hearing Examiner ruled in favor of the applicant and recommende& denial of the appeal. Councilmember Jaech cited Section 21.05.010 of the ECDC and asked if the structure could be interpreted as an accessory building. Ms. Block responded that the interpretation has been that if a structure was attached to the main structure, it was considered all one structure. Attorney Snyder stated that the appeal was an appeal of the modifi- cation to the roofline and not of the issuance of the original permit. Bob Boye, 24325 - 76th W., cited examples given to him by the City Planning staff which showed consistent past', practices of breezeways. Mr. Boye stated that he felt his due process rights had been violated because he was not notified of the issuance of the building permit and contends that the Uniform Building Code does not allow the breezeway concept that Mr. Klukas constructed; that the original permit was issued in error and, therefore, the modified permit was issued in error. Mr. Boye requested: 1) assurance from the Council that the structure will remain as a garage, 2) confirmation that the height of the structure is correct based on original ground level and, 3) Mr. Klukas file a drainage plan with the City Engineering Department and accom- plish a plan before Spring. Brian Klukas, 7417 Lake Ballinger Way, stated that he did not intend to utilize the garage for any purpose other than storage. He noted that he had previously furnished a drain system plan which was approved by both the City and Mr. Boye. Councilmember Wilson asked Mr. Klukas why he desired a twenty-three foot high garage. Mr. Klukas responded that it enhanced the value of his property and also served as a two-story storage area. Hal Reeves, City Building Official, stated that a height check had been conducted and measured from the average grade of undisturbed soil. The height allowed was twenty-five feet above the average. Councilmember Dwyer asked if Mr. Boye's contention that the structure had been complet- ed before the modified permit was issued was correct. Mr. Reeves stated he'd have to review the records, although he believed Mr. Klukas was not violating any code sections. Mr. Hahn stated he didn't believe the building was entirely completed. Councilmember Dwyer asked how high the struc- ture was at the time the modified permit was issued. Mary Lou Block, Planning Division Manager, replied that at that the time of the appeal by Mr. Boye, the frame measured twenty-four feet three inches. Councilmember Ostrom asked when it had been determined that the building had been built from the average four corners of undisturbed soil. Mr. Reeves replied when they conduct a frame inspection, they make the measurement from the roof down. Councilmember Kasper asked if a permit had beeniissued for the fill. Mr. Reeves said that Mr. Klukas was allowed to bring in fill in conjunction with the residential construction permit. Mr. Reeves added that the struc- ture conforms with zoning regulations as a single family residence. Attorney Snyder stated that the Building Code regulates the height of a building, not the roofline. And as long as modifica- tions don't violate the Code, permits may be modified before and after. The Mayor closed the public portion of the hearing. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO CONTINUE THE DECISION -MAKING PROCESS TO NOVEMBER 19, 1985. MOTION CARRIED. A recess was taken at 8:50 p.m., and the meeting reconvened at 8:55 p.m. HEARING ON PROPOSED 7-LOT SUBDIVISION AT 16828 - 76th Ave. W. (P-4-85/HOMELAND HOMES) Duane Bowman, Assistant City Planner, referred to the Hearing Examiner's report noting that the key items discussed at the public hearing were Recommendation #2 regarding the tree cutting plan, and Recommendation #4 regarding options of public access into the proposed subdivision. Mr. Bowman stated concern was raised by adjacent property owners that Homeland Homes would be al- lowed to create view quarters; however, the Staff agreed to allow a tree cutting plan wherein tree cutting was viewed on site. Fie noted that the neighborhood supported the concept of improv- ing public access along the shoreline. Mr: Bowman added that under Recommendation N6 there were minor modifications to some of the lot lines to create more even frontages along the waterfront. He then demonstrated a vicinity map.of the subject property. Councilmember Kasper asked if anoth- er Ocean Avenue wasn't being created in developing public access that would have to be shut down in the future. 'Mr. Bowman replied that accessibility interior to the subdivision would create EDMONDS CITY COUNCIL MINUTES Page 3 November 4, 1985 I problems subsequent to development; however, 75th Street was a public right-of-way and immediate- ly available. Councilmember Jaech, in reference to Option 1, asked who would enforce viewing hours. Mr. Bowman stated that the City would.enforce viewing hours. Councilmember Ostrom voiced a concern with the development of the viewpoint if there wasn't twenty-four hour police protec- tion available to the surrounding neighborhoods. Hank Lewis of Homeland Homes, 221 James Street, stated that the proposed site was the best possi- ble alternative he and the staff had agreed upon; 75th Street site was an existing site with better accessibility and visibility to the shoreline. He noted that he met with the neighbor- hood and discussed their concerns. Curtis Barnard, 16736 - 76th Ave. W., questioned whether twenty-five feet was an adequate setback from the northeast property line. Mary Lou Block, Planning Division Manager, replied that if, when a building permit is applied for on that site and a soil report conducted by an engineer, it was determined that thirty-five feet was a better location by the engineer, his recommendation would be adhered to. John Stanford, 16905 - 76th W., stated he was against Option 1 and in.favor of Option 2 because of hazardous accessibility to the viewpoint. Sam Buchanan, 16852 - 76th W., stated he was opposed to Option 1 because it was directly against his property line. He said that widening the roadway and putting a sidewalk in would decrease the vegetation by forty percent and suggested that a narrower sidewalk be considered that would be conducive with the environment. The Mayor closed the public portion of the hearing. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER JAECH, TO REOPEN THE MEETING. MOTION CARRIED. Councilmember Hall asked if there was a mandate for a sidewalk. Mr. Lewis replied that if there is a viewpoint, a sidewalk is necessary; if the sidewalk is not there, it becomes a requirement of the Comprehensive Sidewalk Plan that mandates any road over three hundred feet must have a five foot sidewalk. Councilmember Jaech asked if the City was allowed, under the Shoreline Manage- ment Act, to transfer the funds for a proposed site to another site. Attorney Snyder replied that that would be determined by the findings of the Hearing Examiner. COUNCILMEMBER NOROQUIST MOVED, SECONDED BY.000NCILMEMBER HALL, FOR THE PASSAGE OF ITEM P-4-85 BASED ON THE RECOMMENDA- TIONS OF THE HEARING EXAMINER WITH THE FOLLOWING CHANGES: 1) THAT UNDER ITEM 4 OPTION 2 IS USED; 2) THE PATHWAYS BE NATURAL IN CHARACTERISTIC IN THE PLAT AND CONSIDERATION BE GIVEN TO THE ADJOINING NEIGHBORS. A ROLL CALL VOTE WAS TAKEN AND MOTION CARRIED, WITH COUNCILMEMBERS DWYER, OSTROM, AND JAECH OPPOSED. HEARING ON _PROPOSED STREET VENDOR REGULATIONS Mary Lou Block, Planning Division Manager, stated that this issue was discussed previously at the Planning Board Meeting. She then reviewed the proposed street vendor regulations and require- ments. Councilmember Jaech inquired if Dean Nordquist's request of Item "L" on page 3 regarding increasing the maximum size of the mobile vending units from 30 sq. ft. to 50 sq. ft. had been discussed with the Planning Board. Ms. Block replied the Planning Board felt 30 sq. ft. was adequate. The public portion of the hearing was opened. Dean Nordquist, 111 Elm, requested that Item "L" on page 3 be changed to read that the maximum size for a mobile vending unit shall be 30 sq. ft. unless for street or unimproved right-of-way application, in which case the maximum size shall be 50 sq. ft. Mayor Naughten spoke in favor of the proposed.revision. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER DWYER, THAT THE CITY CODE BE AMENDED TO INCLUDE THE ITEMS IN THE DOCUMENT WITH THE EXCEPTION THAT ITEM "L" ON PAGE 3 BE CHANGED SO THAT THE MAXIMUM SIZE FOR A MOBILE VENDING UNIT SHALL BE 30 SQ. FT. EXCEPT- ING WHEN IN THE STREET RIGHT-OF-WAY IT WOULD BE 50 SQ. FT., AND INSTRUCT THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCE. MOTION CARRIED, WITH COUNCILMEMBER KASPER VOTING NO. MAYOR Mayor Naughten announced the following appointments to the Edmonds Youth Activities Board: Edmonds High School, Dawn Marti and Leah Beaman; Meadowdale High School, Chris Bader and Michele Allen; Woodway High School, Mark Longstaff and Don Stone; Edmonds Community College, Valerie Harris and Fritz Whitney; Edmonds City Council Student Representative, Tammy Schwartze; Citizen Advisor, Bonnie Aylesworth; City/Parks & Recreation Dept. representative, Brian McIntosh. EDMONDS CITY COUNCIL MINUTES Page 4 November 4, 1985 The Mayor then announced the acquisition of a fireboat noting that there will be a contest be- tween the three local elementary schools to name the boat. He added that a community ceremony is scheduled on November 16 from 12-2 p.m. to launch the boat. Mayor Naughten noted that the Halloween party at Anderson Center was a success; also, on October 24th the water noted at the cemetery was turned on. Mayor Naughten then read his budget message and presented the Council with the 1986 Preliminary Budget of $23,369,000. COUNCIL COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER KASPER, THAT THE CITY COUNCIL SPEND THE REMAINING $300�FOR THE WAR MEMORIAL FROM THE FUND THAT WAS SET UP TO PURCHASE ART AT THE 1985 EDMONDS ARTS FESTIVAL. MOTION CARRIED. i Councilmember Ostrom stated that in his attendance of Council meetings throughout the years he's noticed in the last two years that the meetings have been conducted better, due primarily to Mayor Naughten's efforts. He added that it was disrespectful when Councilmembers interrupted the Mayor with funny noises and idiotic comments and he thought the Mayor deserved better considera- tion. Councilmember Jaech noted that residents near Westgate and 102nd were very concerned that.they did not have access to emergency number 911. She stated that the problem arose from a jurisdic- tional dispute between Northwest Bell and General Telephone and requested that the City Council send a formal letter to the two companies in an attempt to resolve the problem. Councilmember Jaech then added that one of her absences was not noted as excused in prior minutes. Council President Nordquist said he intended to remedy that this evening, and a motion was made and passed to excuse Councilmember Jaech's absence. Council President Nordquist scheduled a work session to review the 1986 budget for Saturday, November 23, 1985, at 7:00 a.m. The public hearing on the 1986 budget then was scheduled for Tuesday, November 26, 1985, at 7:00 p.m., prior to having the Council Committee meetings. The meeting recessed to Executive Session at 10:48 p.m. and was adjourned at 11:30 p.m. AC ELINE G. PARRETT, City Clerk LARRY S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 5 November 4, 1985