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12/02/1986 City CouncilTHESE MINUTES SUBJECT TO DECEMBER 9, 1986 APPROVAL EDMONDS CITY COUNCIL MINUTES .DECEMBER 2, 1986 In the absence of the Mayor, the regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Collncilnlelner Lloyd Ostrom in the Plaza Meeting Room .of the Edmonds Library. A'11 present joined in the flag salute. onrcrNT ABSENT STAFF PRESENT Steve Dwyer Larry Naughten, Mayor Mary Lou Block, Planning Div. Mqr. Bill Kasper Laura Hall, Council Pres. Bobby Mills, Pub. Wks. Supt. Lloyd Ostrom Jo -Anne Jaech Peter Hahn, Comm. Svc. Director Jack Wilson John Nordquist Art Housler, Admin. Svc. Director Tom Peterson, Student Rep. Jackie Parrett, City Clerk Margaret Richards, Recorder Councilmember Ostrom noted that the Mayor and Councilmembers who were absent were attending the National League of Cities meeting in San Antonio, Texas. CONSENT AGENDA Items (0) and (I) were removed from the Consent Agenda. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMB.ER KASPER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. The approved items on the Consent Agenda include the following: (A) ROLL CALL (B) APPROVAL PF.MINUTES OF NOVEMBER 18, 1986 (C) AUTHORIZATION TO RENEW PROFESSIONAL SERVICES CONTRACT WITH JOHN GALT AS HEARING EXAMINER PRO TEM (E) ACCEPTANCE OF QUITCLAIM DEED FROM CARL AND OPAL STEEN FOR STREET RIGHT-OF-WAY AT 17020 - 76TH AVE. W. (F) SET DATE OF JANUARY 20, 1987 FOR HEARING ON PLANNING BOARD RECOMMENDATION ON PROPOSED CONTRACT REZONE FROM RM-2.4 TO CG FOR PROPERTY LOCATED AT 8009 - 238TH ST. S.W. (R-1-86/DIPANGRAZIO). (G) SET DATE OF JANUARY 20, 1987 FOR HEARING ON HEARING EXAMINER RECOMMENDATION ON PROPOSED 12 LOT SUBDIVISION AT 15720 - 68TH AVE. W. (P-4-86/METCO CONSTRUCTION) (H) AUTHORIZAT.t0N TO CALL .FOR BIDS FOR INSTALLATION OF SEWER FLOW METERS (J) FINAL ACCEPTANCE OF WORK BY COLUMBIA CONSTRUCTION FOR ADDITION TO.SENIOR CENTER AND SEA WALL IMPROVEMENTS AND SETTING 30 DAY RETAINAGE AUTHORIZATION TO EXECUTE AGREEMENT GC-8110 WSDOT FOR 238TH ST. S.W./ SR99 INTER- .(K) SECTION ($2,073.49) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM DEANNA LYNN GATH ($619.92) [ITEM (D) ON THE CONSENT AGENDA ' Council.member.Kasper '.recommended that the issue be.further investigated. Councilmember Ostrom inquired if. a resolution had been reached. Administrative Services Director Art Housler:said the vehicle identified by the license plate was sold by the City in 1980. Councilmember Kasper, inquired if the license was also transferred along with the vehicle. M'r. Housler.s'ai'd the license should have been destroyed when.the vehicle was sold, but the City was not liable for that claim for damages because it was not a City -owned vehicle that caused the damage. 1 Councilmember Kasper noted that the record indicates that the vehicle was a Dodge Dart and not a truck. City Clerk Jackie Parrett said the vehicle that was sold was a Dodge Dart. After the sale, the license plate inexplicably appears to be have been transferred to a truck. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEM (D). MOTION CAR- RIED. FINAL ACCEPTANCE OF WORK BY OLYMPIC PAVING FOR PAVING OF WADE JAMES THEATER PARKING LOT AND SETTING 30 DAY RET IN GE PERIOD LITEW I ON THE CONSENT AGENDA Councilmember Kasper inquired if the parking lot would be striped. Public Works Superintendent Bobby Mills replied affirmatively. Councilmember Kasper inquired if the striping would be done by Staff. Mr. Mills replied affirmatively. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEM (I). MOTION CAR- RIED. AUDIENCE Councilmember Ostrom opened the audience portion of the meeting. Will Smith, 732 Bell Street, noted that an application for a variance was recently reviewed by the Council for his home and was denied. He said City Attorney Scott Snyder made reference to the possibility of a side yard variance. Mr. Smith said he spoke with Staff regarding the side yard variance, but Staff told him he "wouldn't have a chance" of obtaining that variance. Mr. Smith said he researched two instances of how and why variances are dispensed, i.e., a home behind his home and a building adjacent to Rainier Bank. hie said he thought the granting of variances was subjective and not uniformly applied. Mr. Smith read a section of the Washington Land Use & Environmental Law and Practice as follows: "A variance from a restriction should be granted only where a lot's special characteristics which do not generally occur in the district cause a restriction to impose on the lot special burdens which provide no public benefit. Thus, it is not sufficient that the lot suffers a hardship. Land use regulation inevitably causes hardship. It must be shown that the hardship is unneces- sary because it provides no public benefit, serves no public purpose. But in addition to unneces- sary hardship, it must also be shown that the unnecessary hardship is a result of special charac- teristics of the lot which zoning drafters apparently had not contemplated. If a zoning restric- tion imposes unnecessary hardship generally in a zoning district, the appropriate relief is a zoning amendment or constitutional challenge". Mr. Smith said the zoning restriction applicable to the building adjacent to Rainier bank and the home behind his home was their heights. Mr. Smith said his interpretation of the Edmonds Community Development Code is that no variance can be granted to a nonconforming building; the variance process is not applicable to structures, only land. Mr. Smith said he felt the Planning Department should reevaluate the process it follows in the granting of variances. Councilmember Ostrom inquired if Mr. Smith was requesting that the entire variance process be reviewed. Mr. Smith suggested th.at City Attorney Scott Snyder. be consulted to determine if the granting ofa variance to a nonconforming existing structure is appropriate. Councilmember Wilson inquired about the building adjacent to Rainier Bank. Planning Division Manager Mary Lou Block said the building used to be occupied by Behar's. Mr. Smith noted that different cities have adopted various methods to regulate nonconforming buildings. He said there were no zoning ordinances in effect at the time his home was built. He said changes have been made to the zoning ordinance over a period of time which has created a number of nonconforming structures. Mr. Smith said he would like his home to be regarded as equally as the other nonconforming structures throughout the City. EDMONDS CITY COUNCIL MINUTES Page 2 DECEMBER 2, 1986 Councilmember Ostrom inquired if Staff would investigate the issue with Mr. Snyder's input. Ms. Block replied affirmatively. She clarified that Staff does not give advice to the public regard- ing whether a variance permit will or will not be granted, and did not so advise Mr. Smith that he would not be granted a variance. Community Services Director Peter Hahn noted that the Planning Department does not dispense. vari- ances. It is a function of the Hearing Examiner. Natalie Shippen, 1022 Euclid, said she attended the Administrative Services Committee meeting last week. She inquired how the $5,000 that was allocated to the Tourism Committee will be ex- pended. Councilmember Wilson said the expenditure has not yet been determined. Ms. Shippen inquired how the funds were expended last year. Councilmember Wilson said approximately $2600 was invested in a picture postcard program, and approximately $1500 was expended on a brochure that was placed on the ferry. Councilmember Kasper inquired about the funds for the tourism program. Councilmember Wilson said that money was derived from the Reserve Fund. Ms. Shippen noted that $7500 was allocated to the Main Streets Program. Including Staff tine, approximately $14,000 will be expended on that program. Ms. Shippen sa.id in reviewing the minutes of past Council meeting, it was apparent that the budg- et hearing process was merely a formality and not where the allocation of requested funds took place. Ms. Shippen presented a request from the Edmonds Council of Concerned Citizens to expand the corner parks program. She submitted a cost sheet to the Council and reviewed it with them. She said the project would include the installation of corner parks along 5th Avenue from Maple to Homeland Drive. The total cost to install corner parks would be approximately $47,750 over a three-year period; an annual average cost of $13,500. Councilmember Kasper inquired about the rationale for improving 5th Avenue as opposed to any other part of the City. Ms. Shippen said that that area is presently not landscaped and is not included in any beautification plan in Edmonds. She noted that 5th Avenue is the portal to down- town Edmonds and is a very visual part of Edmonds. She said she thought the project would compli- ment the tourism program. Ms. Shippen said she did not believe that visitors come to the City for the festivals alone, but because it is a beautiful city. She said it is contradictory to promote tourism but cut corners on beautification projects. Ms. Shippen said the requested funds for the corner parks is a very small amount of money over a three -yeas period in,terms of investment. She said the Flower Program, in her opinion, is the single most important program in Edmonds. Ms. Shippen said the proposed project is related to the Centennial. Edmonds is one of the oldest towns between Seattle and Everett that bears any history. Ms. Shippen requested that the expenditure be included in the budget and that the project com- mence in 1987. Councilmember Wilson concurred with Ms. Shippen in that the Flower Program should be expanded.. He noted, however, if the program is expanded, the personnel level i.n Public Works would also need expansion and the identification of funds necessary for that expansion. He said Five Cor- ners and Westgate should also be taken into consideration if the Flower Program is expandi�d. Ms. Shipp.en said she felt the expansion of the Flower. Program on. 5th Avenue should be a separite project and considered on its own merits because it is the old part of town and is a Centennial project. Councilmember Kasper commented that corner parks should not exist at some intersections because they obstruct traffic. He noted that a total of eight corner parks at each intersection was not always necessary: Ms.. Shippen concurred. She suggested that Staff be directed to refine the program prior to,f.inalization of the budget. Councilmember Kasper noted that the City of Seattle has installed plantings in between curbs and sidewalks. He said it is very attractive. EDMONDS CITY COUNCIL MINUTES Page 3 DECEMBER 2, 1986 Councilmember Dwyer recommended that the'issue be further discussed at the budget work session on December 15, 1986. Councilmember Ostrom suggested that trees be planted along the entirety of 5th Avenue. He said he supported the proposed project. Councilmember Ostrom closed the audience portion of the meeting. COUNCIL Councilmember Dwyer requested that Administrative Services Director Art Housler investigate the impact of the discontinuance of membership of the Puget Sound Council of Governments by the City of Bellevue. Councilmember Kasper inquired if the current turn of events has been discussed locally with the Council of Governments. Councilmember Dwyer said it had not to his knowledge. Councilmember Kasper inquired about Bellevue's participation in the transportation allocations given the fact that it has discontinued its membership. Community Services Director Peter Hahn recommended that a representative of the subre.gional council be consulted. Councilmember Dwyer said he was anxious to ascertain if Bellevue has developed a contingency plan. Councilmember Dwyer requested that Staff investigate the efficacy of the daycare regulations and make recommendations to the Council in the future. Councilmember Dwyer referred to a memorandum regarding the Annual Tree Lighting Ceremony. Coun- cilmember Ostrom recommended that Councilmember Nordquist be selected to represent the City at the ceremony. Councilmember Wilson offered to attend the event if Councilmember Nordquist is unable to. Mr. Hahn noted that there is a program for the ceremony. He suggested that the City representative contact the Chamber of Commerce for more details. Councilmember Kasper recommended that only two Councilmembers attend the National League of Cit- ies meetings in the future. Councilmember Kasper inquired how historical registration is processed. Mr. Hahn said there is a State committee which is acted on by the State's Historical Board. The City, he said, does not participate in a formal approval role. Councilmember Kasper inquired if the process prevents a building from being torn down at a later date. Mr. Icahn said that would be. dependent on the designation it was given. He said any citizen can apply and petition the State. Councilmember Ostrom noted .that he had previ.ously sent a A etter to the Mayor and Council regard- ing the status of the future configuration on Highway 99. The Mayor, he said, recommended that a committee be formed to address the issue but .no further action was taken. Councilmember Kasper inquired if the issue was economic development along Highway 99. Councilmember Ostrom replied affirmatively. Lie recommended that a committee be formed possibly with the input of .the Planning Department and that funds be earmarked in the 1987 budget to address the issue. Councilmember Kasper noted that most cities do not have property available to accommodate large-scale develop- ment. He said the issue should be investigated with specific targets identified. Mr. Hahn said a county economic development agency was contacted in the recent past to seek advice regarding the promotion of large-scale development. He said the key is the ability of a city to control land availability in large parcels. The meeting adjourned at 8:02 p.m. - JA UELINE G. PARRETT, City .Clerk LARR NAUGHTE Mayor EDMONDS CITY COUNCIL MINUTES Page 4 DECEMBER 2, 1986.