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11/06/1989 City CouncilTHESE MINUTES SUBJECT TO NOVEMBER 21, 1989 APPROVAL EDMONDS CITY COUNCIL MINUTES NOVEMBER 6, 1989 (SPECIAL MEETING - MONDAY) 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 Steve Dwyer, Councilmember Laura Hall, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember John Nordquist, Councilmember Jack Wilson, Councilmember Doug Merlino, Student Rep. STAFF Mary Lou Block, Planning Div. Mgr. Jack Weinz, Fire Chief Peter Hahn, Comm. Svc. Director Art Housler, Admin. Svc. Director Dan Prinz, Police Chief Bobby Mills, Public Works Supt. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Councilmember Dwyer arrived a few minutes late and did not vote on any item preceding Item (0) on the Consent Agenda. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO INCLUDE "AUTHORIZATION FOR TOURISM COMMITTEE TO SIGN CONTRACT WITH GTE FOR 1990 DESTINATION WASHINGTON ADVERTISEMENT" AS ITEM (F) ON THE CONSENT AGENDA. MOTION CARRIED. CONSENT AGENDA ITEMS (C), (D) and (E) were removed from the Consent Agenda. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE BALANCE :OF THE CONSENT AGENDA. MOTION CARRIED. The ap- proved items on the Consent Agenda include the following: (A) ROLL CALL (B) APPROVAL OF MINUTES OF OCTOBER 30, 1989 (F) AUTHORIZATION FOR TOURISM COMMITTEE TO SIGN CONTRACT WITH GTE FOR 1990 DESTINATION WASHINGTON ADVERTISEMENT AUTHORIZATION FOR MAYOR TO SIGN COASTAL ZONE MANAGEMENT CONTRACT #GO090068 FOR BRACKETT'S NDING BEACH ENHANCEMENT AND OTHER PROJECTS LITEM C ON CONSENT AGENDA Councilmember Nordquist inquired from what source the local share of $14,000 will emanate. Plan- ning Division Manager Mary Lou Block said a majority of the work will be performed by Staff and in -kind services and only a small percentage of those monies will be for outside consultant ser- vices. Councilmember Nordquist pointed out that page 5 of the grant agreement indicates that $22,500 is for consultant services. Ms. Block said the grant will fund $14,000 of the $22,500 and the City will fund $8,500, which will emanate from Fund 125. Councilmember Hertrich in wired: 1) what percentage of the scope of work will be dedicated to Brackett's Landing; and 2� who determined thescope of work for the projects. Ms. Block said enhancement of Brackett's Landing will cost $17,000 for consultant services (the City's share is $8,500 and CZM's share is $8,500), and the marsh monitoring and wetlands regulations will cost $6,000. Ms. Block said she and the Planning Board and beach rangers determined the scope of work for the projects. Councilmember Hertrich thought a general study of the wetlands in the City should be conducted. Ms. Block noted that element 2 of the agreement involved a study of wetlands. Councilmember Hertrich said there are a number of wetlands in the City that have not been identified that can be adversely impacted as development occurs. He felt that the preserva- tion of those wetlands was a priority over the projects described in the grant agreement. Coun- cilmember Hall pointed out that the CZM study entailed a comprehensive study of wetlands. Ms. Block said the regulations will protect the wetlands as development occurs. Councilmember Hertrich said he was not prepared to accept the agreement, and he recommended that the issue be sent to the Community Services Committee for further review. i Councilmember Jaech inquired if the grant will be jeopardized if the projects are delayed. Ms. Block said the grant has already been received by the City. She said, however, approval by the Department of Ecology will be necessary if the scope of work is changed. Councilmember Nordquist was concerned that a majority of the money will be expended on Brackett's Landing. Councilmember Wilson inquired if the reason that $17,000 has been earmarked for Brackett's Landing is because it is an ongoing project that needs attention. Ms. Block said more money has been designated for Brackett's Landing because Staff determined it to be a'priority. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST FOR DISCUSSION, TO REFER THE MATTER TO THE COMMUNITY SERVICES COMMITTEE ON NOVEMBER 14, 1989. Councilmember Nordquist inquired if the City could expend more monies for consultant services if it is necessary. Ms. Block replied affirmatively. MOTION CARRIED. AUTHORIZATION FOR MAYOR TO SIGN SNOHOMISH COUNTY TOMORROW RESOLUTION rITEM (D) ON CONSENT AGENDA Councilmember Nordquist inquired for what period of time the Snohomish. County Tomorrow Committee will convene. Mayor Naughten said it will exist until goals are formulated. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE ITEM (D). MOTION CARRIED. AUTHORIZATION FOR MAYOR TO SIGN FEDERAL AID CITY/COUNTY AGREEMENT FOR RESURFACING ADMIRAL WAY LITEM (E) ON CONSENT AGENDA] COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO REFER THE MATTER TO THE COMMUNI- TY SERVICES COMMITTEE. Councilmember Hertrich noted that the Port of Edmonds has discussed aligning Admiral Way, and he thought it would be more prudent to delay any action until the Port makes a decision. MOTION CARRIED. AUDIENCE Mayor Naughten opened the audience portion of the meeting. Beth Smith, 20632 - 76th Ave. W., said she recently had some dealings with Chambers Cable that made her very unhappy. She explained that she made a payment to Chambers Cable but they applied her money to someone else's account and disconnected her service for nonpayment. She said Region- al Manager Bob Towe assured her that the matter would be resolved but failed to act on his prom- ise because she subsequently received a notice from a collection agency. Ms. Smith said at no time did she feel that Chambers Cable was acknowledging her; they suggested that she call the Oregon office for billing information. Ms. Smith said Chambers Cable should be accountable to the citizens of Edmonds if they wish to do business with them. She asked the Council to review their contract very carefully and take steps to insure that Chambers is accountable to the citizens. Mayor Naughten closed the audience portion of the meeting. City Attorney Scott Snyder said the committee had discussed Ms. Smith's complaint and will review the RFP with her comments in mind. Councilmember Hertrich said he would like a response from Chambers Cable with respect to how they intend to resolve problems that may arise in the future as they relate to their customers. HEARING ON APPEAL OF ARCHITECTURAL DESIGN BOARD DECISION REGARDING LANDSCAPING REVISION FOR A"D W ODLAKE T WNH USES AT 21003 - 83RD AVE. W. PPELLANT/APPLICANT: MYRTLE JACK FILE P- 43-89/ DB-99-89 Planning Division Manager Mary Lou Block reported that on September 6, 1989, the Architectural Design Board (ADB) reviewed a request to remove existing evergreen trees and replace them with EDMONDS CITY COUNCIL MINUTES Page 2 NOVEMBER 6, 1989 new landscaping at Woodlake Townhouses, 21003 - 83rd Ave. W. The ADB denied the request, citing several Edmonds Community Development Code (ECDC) sections in their decision (15.20.005 (B)(5)(a), 15.20.005 (C)(2)(c)(2), and 20.10.070 (B)(3), which refer to use of landscaping in new development and conclude that landscape treatments, such as the landscaping in question, buffer a development from surrounding property). The Board recommended a change to the roof as a more practical solution to the problem. Ms. Block said Myrtle Jack, the applicant, appealed the Board's decision and submitted a letter from Max Meyring in support of the appeal. Ms. Block said Staff does not make recommendations on ADB decisions. Ms. Block submitted four photographs of trees to the City Clerk (marked Exhibit #1). At the request of Councilmember Hertrich, Ms. Block indicated on a landscape plan the location of the trees that the applicant proposes to remove. She said. the trees are located along the west property line and a large tree proposed to be removed is on the north elevation. Myrtle Jack, 2411 - 35th Ave. S.E., Puyallup, submitted documents to the City Clerk (Exhibit #2 - letter from Woodlake Townhouses residents supporting removal of the trees; Exhibit #3 - copy of RCW 59.18.060 regarding Landlord duties; Exhibit #4 - packet of Interior Butt Rot from locust tree; and Exhibit #5 - 4 photographs of existing trees and 3 photographs of proposed replace- ments). Ms. Jack said the ADB based their decision on ECDC 15.20.005, and she is appealing their decision based on the health, safety, and welfare of her tenants and adjacent neighbors. Ms. Jack said as owners of the property in question, she and her husband have certain responsibil- ities. She noted that RCW 59 mandates that they maintain their premises so as to avoid any condi- tion that substantially endangers the health or safety of a tenant. Ms. Jack said she believes that the life of one of her tenants is more important than the life of a tree. Max Meyring, Meyring & Associates, 23423 Highway 99, speaking on behalf of the appellant/ #applicant, submitted a document to the City Clerk (cartoon depicting breaking snag marked Exhibit Mr. Meyring said he obtained a degree from the University of Washington in 1942 in Forestry and Engineering. He said he has considerable knowledge and background with respect to trees in both the timber industry and in land planning issues. Mr. Meyring brought a limb from a cedar tree and a cut from a 45 year old Douglas Fir tree to the Council meeting. He said the limb broke away from one of the trees on the appellant's property and fell onto the roof. Mr. Meyring said the trees on the property in question were planted about 1940 for aesthetic purposes. He said the trees will continue to increase in diameter and the roots will eventually damage man-made structures on the property. In addition, he said the limbs will become heavier, and a danger of falling tree limbs will exist during heavy wind storms. Mr. Meyring said the most southerly tree is now pressing against an attached deck and will eventu- ally disrupt the integrity of that structure. He said several of the trees have been damaged at their leader points that have directed lower limbs in adjoining whorls to continue the trunks of the trees in different directions, which can cause the skyward trunks to snap and fall off. Mr. Meyring said the Douglas Fir trees in question are too close to the building and, in his opinion, should be removed. Mayor Naughten opened the public portion of the hearing. Norman Hall, 21025 - 83rd Ave. W., representing his mother, said he was fearful of the trees in question because one of the trees on Ms. Jack's property was blown onto his mother's house six years ago during a windstorm. He'said he has observed many of the trees on Ms. Jack's property sway during wind storms. Mr. Hall said the roots of the trees in question are growing onto his mother's property and are pushing the fence over. He said the trees do not provide any privacy at all for the neighbors because there is no foliage except on the uppermost part of the trees. EDMONDS CITY COUNCIL MINUTES Page 3 NOVEMBER 6, 1989 Barry Birch, 20905 Woodlake Dr., ADB member, noted that ECDC 15.20.005 (C)(2) states that a site and building plans should be designed to preserve the natural features, trees and topography of the site rather than forcing the site to meet the needs of the imposed plan; 15.20.005 (B)(5)(a) states that residential privacy is the most fundamental protection to be upheld by local govern- ment; 20.10.070 (B)(3) states that landscape treatment should be provided to buffer the develop- ment from surrounding property where a conflict may result. Mr. Birch said the Douglas Fir trees in question are the first stand of trees in the Five Corners area and they act as a buffer for the neighborhood. Mr. Birch said the Mountain View Apartments at 3611 - 156th St. S.W. were constructed by the same developer who constructed the Woodlake Townhouses. He said mini -trusses, a plywood deck, and new roofing materials were installed because problems were occurring with the roof. Mr. Birch said although he sympathized with the appellant, -he believed the solution to the prob- lem was to repair the roof rather than remove the trees. Councilmember Hertrich said in looking at the photographs that were submitted by the appellant and after considering the testimony of Mr. Hall, he, too, concluded that the trees do not act as a buffer because there is no foliage on their lower halves. Mr. Birch said the Douglas Fir trees do not provide a buffer for adjacent properties but they do buffer the neighborhood business for the residents on the hillside. Mr. Birch said the reason the Board felt the solution to the problem would be to redesign the roof is because Douglas Fir trees are such a controversial issue in the City and are deemed to have value, unlike an Alder tree that decays and dies in a short period of time. He noted that the Board's architect, Mr. Bylsma, and the other members of the Board, felt the trees should be preserved. Councilmember Hertrich inquired if the Board saw the pictures that were submitted to the Council. Mr. Birch said he did not recall seeing them. He said Mr. Meyring did not make a presentation to the Board, either. Ray Albano, 20916 - 76th Ave. W., manager of Woodlake Townhouse, said the tree that is encroach- ing on the deck is causing interior damage to one of the units. Mr. Albano said the problem is the trees and not the roof. Mr. Albano inquired if the City of Edmonds will accept the liability if the trees collapse and cause damage to the structure and/or tenants if the owners of the Woodlake Townhouses are not allowed to protect their tenants. Mr. Albano said he likes trees and does not like to remove them, but the trees in question are dangerous. He noted that the owners propose to plant landscaping that will be an improvement from what exists. Councilmember Jaech did not think the proposal to replace the existing trees with pyramidalis was advisable because she said they are susceptible to disease. She asked Mr. Meyring what he would recommend planting in place of them. Mr. Meyring said there are numerous exotic species, such as Colorado Blue Spruce, that would do very well. He noted, however, that all trees are susceptible to disease. Mayor Naughten closed the public portion of the hearing. Councilmember Kasper said the trees in question were planted to serve as hedges, and the proposal to plant pyramidalis would be a great improvement. He said the trees in question create a danger- ous situation and a hardship to the owners and tenants. Councilmember Hall concurred. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER HERTRICH FOR DISCUSSION, TO UPHOLD THE APPEAL BUT NOT RULE ON THE TYPE OF PLANTING TO REPLACE THE TREES IN QUESTION AND REMAND THAT ISSUE TO THE ADB. Councilmember Hertrich pointed out that the ADB did not have the information available to them that is before the Council when they rendered their decision. He said the first and foremost issue is safety. He believed the trees in question present a danger. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO AMEND THE MOTION TO AUTHORIZE THE CUTTING OF THE LOCUST TREE AND THE DOUGLAS FIR TREE THAT IS PICTURED ABUTTING THE DECK, AND REMAND THE BALANCE OF THE ISSUE TO THE ADB, IN PARTICULAR, THE ARCHITECTS AND THE LANDSCAPE DE- SIGNER, TO REVIEW ALL OF THE EVIDENCE THAT IS BEFORE THE COUNCIL. EDMONDS CITY COUNCIL MINUTES Page 4 NOVEMBER 6, 1989 Councilmember Hall noted that the photographs reveal that many of the trees create a hazard and, therefore, she was unsure what would be accomplished by authorizing the removal of only two of the trees. She thought the Council, and not the Board, should resolve the issue. MOTION TO AMEND CARRIED WITH COUNCILMEMBER KASPER, COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, COUNCILMEMBER JAECH, AND COUNCILMEMBER NORDQUIST IN FAVOR; COUNCILMEMBER HALL AND COUNCILMEMBER WILSON OPPOSED. THE MAIN MOTION, AS AMENDED, CARRIED. In response to a question by Mr. Albano, City Attorney Scott Snyder said the appellant must wait for ten days before removing the trees that the Council authorized to be removed because there is an appeal period of the Council's decision in the Superior Court. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING REDUCTION OF SIDE YARD SETBACK AT 19129 LYMPIC VIEW DR. (APPELLANT: DON & ANNHERMAN; PPL C : JOSEPH FTI FAP-42-89/V-2T-89) Planning. Division Manager Mary Lou Block reported .that Joseph Bacso, owner of the residence at 19129 Olympic View Drive, constructed a deck in the south side yard setback without obtaining a building permit. The City contacted Mr. Bacso and informed him of the violation, and he subse- quently filed an application for a variance to allow the deck to remain. Ms. Block said on September 7, 1989, the Hearing Examiner held a public hearing on the variance request. He issued his decision on September 21, 1989 approving the variance request. On Septem- ber 28, 1989, the City received an appeal from Don and Ann Herman objecting to the Hearing Examin- er's decision. Ms. Block noted that copies of the appeal letter, the Hearing Examiner's decision, a plot plan, and letters from Mr. Bacso and a neighbor, Mrs. Sutherland, were included in the Council's pack- ets. She said the file on this matter was in the Council office for review. Ms. Block said the applicant had stated that the primary reason for the variance and construction of the deck is because the lots to the east are significantly higher due to an 18% slope, which results in a loss of privacy in the rear yard of his property. She said the proposed deck is requested to allow the applicant to utilize the south side of his property for privacy. Ms. Block said the applicant had indicated that the south elevation of the property has significant vegetation that screens the deck from the adjoining property. Ms. Block reviewed the Hearing Examiner's decision. Ms. Block submitted five photographs to the City Clerk (marked Exhibit #1). Councilmember Hertrich inquired if the deck in question can be seen from Mr. Herman's house. Ms. Block said she did not believe so. Joseph Bacso, 19129 Olympic View Dr., requested the Council to deny the appeal because Mr. Herman did not comply with a section of the Code that requires an appellant to state the reasons why he/she believes a decision is wrong. Mr. Bacso said the hearing was originally scheduled for October 17th but was changed at Mr. Her- man's request, and the date of the new hearing was not posted until today. (The changed hearing date was posted and notices mailed on October 6, 1989.) Mr. Bacso noted that the date of a hear- ing can only be changed at the hearing itself. He said one of his witnesses could not attend the second hearing. Mr. Bacso said he had total privacy when he first moved into his home but three homes have been constructed since and have eliminated all of his privacy. Mr. Bacso said he and a friend of his built a deck at the only place on his property that still has some privacy. He said his friend, a structural engineer, went to the City to inquire about permits and codes and got the impression that a permit was not necessary. A neighbor called the City complaining about the deck, and Mr. Bacso said it was only then that he learned that a vari- ance and a building permit were necessary. Mr. Bacso said Mr. Herman's house is not visible from below his deck and the deck is not visible to adjoining neighbors. Ann Herman, 19211 Olympic View Dr., submitted five photographs to the City Clerk (marked Exhibit #2) and a photocopy of a photograph which she referenced as Exhibit A (marked Exhibit #3). EDMONDS CITY COUNCIL MINUTES Page 5 NOVEMBER 6, 1989 Ms. Herman said she believed the variance was improperly granted for the following reasons: ECDC states, "Variances may be authorized when literal and strict interpretation would cause an undue or unnecessary hardship. A hardship is not a problem that you create yourself. No variance may be approved unless all of the six criteria are met". Ms. Herman said Mr. Bacso created his own hardship when he relocated the sliding glass door and constructed the deck. Ms. Herman read the Hearing Examiner's conclusion #4 as follows: "Special circumstances exist for the granting of a variance. The slope of the property is a topographical feature that war- rants a variance in order for the applicant to have the same rights and privileges permitted to other properties in the same vicinity. The slope effectively deprives the owner of privacy, and the location of the deck on the south side of the property is reasonable". She said criterion (A) of ECDC 20.85.010 has not been met, and the Hearing Examiner's conclusion is incorrect be- cause Mr. Bacso is not deprived of the rights and privileges permitted other properties in the vicinity because they all have an 18% slope that results in a loss of privacy on the east eleva- tion. She said criterion (8), which states that the approval of the variance would not be a grant of a special privilege to the property in comparison with the limitations upon other proper- ties in the vicinity with the same zoning, has not been satisfied because Mr. Bacso has been granted a special privilege. Ms. Herman read the Hearing Examiner's Finding 9 as follows: "The requested variance will not pose any significant impact to the public nor to nearby private property or improvements". She said the deck is injurious to surrounding property. She noted that one of the values of the neighborhood is the 10 foot sideyard setback, which has always been enforced. She said a detri- mental precedent will be set if that setback is not enforced. Ms. Herman read Finding 14 as follows: "The applicant contended that he cannot build a deck on the north side because it will be too close to the private access road to the subject property. He further contended that any construction on the west side of the building on the subject proper- ty will disrupt his privacy". She pointed out that there is an existing deck with a built-in barbecue on the west side of Mr. Bacso's house. She said there are no houses to the west of his home and no lack of privacy at that elevation. She said the Bacso's enjoy a more spacious west- ern yard than any other surrounding resident. Ms. Herman said condition 2 of a previous hearing decision stated, "All vegetation along the south property line shall be retained". She said no vegetation exists at that elevation now because it was bulldozed for construction of the deck. She noted that the existing laurel hedge is on her property. Ms. Herman said the variance will set a precedent that will not benefit the neighborhood. Councilmember Hertrich inquired how far the Herman house is from the property line that faces the Bacso house. Ms. Herman replied approximately 60 feet. Councilmember Hertrich inquired if the Herman house is at the same elevation as the Bacso house. Ms. Herman replied affirmatively. Councilmember Kasper inquired if the photographs submitted to the Council were part of the record at the Hearing Examiner's hearing. Ms. Herman replied negatively. Councilmember Kasper felt it would be appropriate to continue the hearing to another date in order to allow the applicant to rebut the evidence that was presented to the Council. City Attorney Scott Snyder said the appli- cant has the burden of proving why he is entitled to a variance. Councilmember Kasper said some of the evidence that was presented to the Hearing Examiner is not before the Council. Mr. Snyder said the Council could continue the hearing in order to listen to the tapes of the Hearing Examin- er's proceeding. In response to a question by Councilmember Dwyer, Councilmember Kasper said both the applicant and appellant should be allowed to provide further testimony at the continued hearing. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER KASPER.MOVED, SECONDED BY COUNCILMEMBER DWYER, TO CONTINUE THE HEARING TO DECEMBER 19, 1989 TO ALLOW THE COUNCIL TO REVIEW THE SITE AGAIN AND TO LISTEN TO THE HEARING EXAMINER'S TAPES. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 6 NOVEMBER 6, 1989 HEARING ON APPEAL OF ARCHITECTURAL DESIGN BOARD DECISION REGARDING MODIFICATION TO BUILDING AT N L N L N: PINNE I H L P- -DB-79-86) 143 Planning Division Manager Mary Lou Block reported that on October 4, 1989, the Architectural Design Board (ADB) reviewed a request to change the siding on the first floor of the north eleva- tion on the subject building. The Board had approved brick for the first floor, but the appli- cants installed wood to match the remainder of the building. The brick was changed to wood with- out Board approval. Ms. Block said on October 4, the Board approved the change from brick to wood. At that time, they requested that the wood be wrapped around the east and west corners of the building to give a more finished appearance. Greg Pinneo has appealed that request. Ms. Block said Staff does not generally make recommendations on ADB decisions. Ms. Block submitted two photographs to the City Clerk (marked Exhibit f1). Councilmember Nordquist referred to the ADB minutes of October 4, 1989 in which Mr. Pinneo stated that he purchased the site and the design from Don Finnigan before the building was constructed. Councilmember Nordquist inquired if the Board had approved the design when it was presented by Mr. Finnigan. Ms. Block replied affirmatively. Greg Pinneo, Pinneo &`Michel, 21010- 76th Ave. W., submitted three photographs to the City Clerk (marked Exhibit i#2). Mr. Pinneo said Pinneo & Michel bought the site in question from Don Finnigan with the approved plans, but when they commenced construction they learned that the brick that was approved by the ADB was no longer being manufactured. He said they had to make a decision quickly because the tenants were moving in so they decided to put siding on the building. Councilmember Kasper inquired if the foundation had a shelf for brick. Mr. Pinneo replied nega- tively. He said the structural plans did not require a shelf for the brick because the brick was to be a 1/2 inch "Z" brick facade. Mr. Pinneo said they appealed the use of brick, for wood siding instead, and the ADB unanimously agreed that the wood siding was more aesthetically appealing. Mr. Pinneo said the power meters, strike conduit, cable boxes, and telephone boxes would have to be removed and the stucco would have to be cut back in order to install an 8x8' sheet of wood siding around the east and west corners of the building. Mr. Pinneo not only thought the wood siding would not improve the aesthetic appearance of the building but he thought it would look ridiculous. Mr. Pinneo requested the Council to approve the elevations as they exist. He said it would not be prudent to install a garage door because a garage door opener cannot be installed and, there- fore, it would remain open because most of the tenants average sixty-four years of age and do not have the strength or energy to open and close the door. Councilmember Jaech pointed out that the garage door was not an issue that was before the Council. Mr. Pinneo said the letter he submit- ted to the City requested the Council to approve the east, west, and north elevations as they exist. Peter Beck, 718 Spruce St., ADB member, asked the Council to reinforce the integrity of the sys- tem by upholding .the ADB decision and denying the appeal. He said if a builder willfully changes an approved plan and then seeks approval for the change, there is no need for the system. Mr. Pinneo said the application of wood around the east and west elevations of the building would provide no aesthetic benefit to the project or the community. He said he did not want to side that portion of the building. He said he owns that building and wondered why he should not have a voice in the appearance of it. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO UPHOLD THE ADB'S DECISION. MOTION CARRIED WITH COUNCILMEMBER KASPER, COUNCILMEMBER HALL, COUNCILMEMBER HERTRICH, COUNCILMEM- BER JAECH, AND COUNCILMEMBER NORDQUIST IN FAVOR; COUNCILMEMBER DWYER AND COUNCILMEMBER WILSON OPPOSED. EDMONDS CITY COUNCIL MINUTES Page 7 NOVEMBER 6, 1989 REVIEW RESTRICTED PARKING ZONES IN DOWNTOWN EDMONDS Community Services Director Peter Hahn said the City Council discussed a request by residents of 2nd Avenue to address the problem .of long-term parking on 2nd Avenue by ferry riders and other people. He said the City Council directed the City Attorney to draft an ordinance restricting parking to 3 hours between 6 a.m. and 8 p.m. The City Council also wanted to see a map showing all of the parking restrictions in the downtown area, which was submitted to the Council. Mr. Hahn said he drafted a letter to the Washington State Department of Transportation asking them to take a more responsive role in providing satellite parking locations for their patrons and to work with Community Transit to provide intermodal ties. Mr. Hahn suggested that the Council consider changing parking restrictions throughout the City to 6 a.m. to 8 p.m. for consistency. Councilmember Kasper said consistency was appropriate in the commercial and multiple zoned areas in Edmonds, but he did not believe parking restrictions in residential areas had to be consistent with the commercial and multiple zones. Councilmember Hall wondered if the current 6 p.m. restriction alleviates the parking problem. Mr. Hahn said he thought the 8 p.m. restriction would be more effective. Councilmember Hertrich said he favored the 6 a.m. to 8 p.m. restriction, noting that the time could be changed at a later date if it was necessary. He said he would like the Engineering Department to forecast the future parking restrictions and problems that may occur and submit a recommendation to the Council as the problem moves eastward. Councilmember Wilson inquired if the parking restriction would pose an enforcement problem if the time varied from one zone to another. Police Chief Dan Prinz replied negatively. He noted, however, that more money should be budgeted for enforcement in the future as the need arises for increased enforcement. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ORDINANCE 2742 WITH THE 6 A.M. TO 8 P.M. TIME RESTRICTION. MOTION CARRIED. COUNCILMEMBER HERTRICH MOVED TO REFER THE ISSUE TO THE ENGINEERING DEPARTMENT OF EXPANSION OF NO PARKING ZONES EASTWARD UP TO 9TH AVENUE AND TO GIVE THE COUNCIL SOME IDEA OF PROBLEMS THAT MAY OCCUR. Discussion ensued regarding parking problems in Edmonds. It was the.consensus of the Council to convey to the Washington State Department of Transportation to take an active role in helping to solve the problem. Councilmember Jaech said construction of a parking lot adjacent to the water- front would be a waste of valuable land, and she suggested that parking be provided upland with shuttle bus service to the ferry. COUNCILMEMBER HERTRICH WITHDREW THE MOTION. COUNCILMEMBER HERTRICH MOVC•D, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE DRAFT LETTER TO THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION. MOTION CARRIED. WORK SESSION ON 1990 BUDGET Councilmember Nordquist suggested that Item 8 and 9 (Mayor and Council portion) be discussed before the work session. MAYOR Mayor Naughten said he attended the public hearing regarding reduction of train speeds in Edmonds today along with Councilmember Kasper and Councilmember Hall. City Attorney Scott Snyder said the Hearing Examiner will submit a recommendation to the Commission within a few weeks. Mayor Naughten said he would forward a recommendation to approve a Class H liquor license application for the Provinces Restaurant if no objection was made. Councilmember Hertrich in- quired if both owners were investigated. Police Chief Dan Prinz replied affirmatively. EDMONDS CITY COUNCIL MINUTES Page 8 NOVEMBER 6, 1989 Mayor Naughten said Burlington Northern Railroad has finally agreed to remove the telephone poles and wires adjacent to the waterfront from Union Oil to Bell Street, and after the first of next year the wires and poles will be removed farther north of Bell Street. Mayor Naughten-recommended that the Administrative Clerk's position in the City Clerk's office be upgraded to' an E-7 because a higher -skilled person and more stability is necessary for that posi- tion. He suggested that the person hired for the job be hired as a Deputy City Clerk because the City Clerk is planning to retire in two years. Councilmember Hall requested the Council Presi- dent to schedule discussion of that issue on a future agenda because she believed the position should be upgraded to an E-9. Discussion of the issue was scheduled on December 19, 1989. COUNCIL Council President Kasper noted that Judge Conroy's contract is up for review again. He said he would retrieve a copy of it from the file and bring it to the Council. He said the Council had indicated a desire for a full RFP after four years. Council President Kasper reminded the Council that a joint meeting is scheduled with the Planning Board on November 8, 1989. Planning Division Manager Mary Lou Block explained that the concept of accessory dwelling units and the philosophy between the Council and the Planning Board will be discussed. Council President Kasper said "all of the Council's motions refer to the 1990 dollars. I dis- cussed. this. with Brent, and what I am discussing is when we use the CPI for 1990, we use the mid -year prior CPI's• that we've been working on. And.when we work the 1990 salary ranges, we're basing those on the August or September 1989-- What we intended to do originally --we had one--'- 88 figures, and all we've agreed to do is to go up one year or a year and a quarter and bring those up as close as we can to that factor so that there's no complaint down the line. We don't want to start projecting CPI or wages into the following year, and there seems to be some confu- sion there". COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO RESCHEDULE THE DECEMBER 26 MEETING TO DECEMBER 27 AND THE JANUARY 2 MEETING TO JANUARY 3 (TO ALLOW STAFF MORE PREPARATION TIME AFTER THE HOLIDAYS). MOTION CARRIED. Councilmember Jaech noted that the City has allocated funding for an advertisement in the Destina- tion Washington magazine. She was concerned that the City may have to pay additional monies if �,,r✓ local merchants do not buy the remainder of the ad. Councilmember Hertrich assured her that the City is not advancing any money to local merchants for that advertisement. Councilmember Jaech said the residents of 6th Avenue South just south of Walnut were concerned that no notices have been posted for a hearing for the construction of five homes that were grant- ed variances. Planning Division Manager Mary Lou Block said the Council previously ruled that those houses be staggered in the subdivision, and a setback adjustment was granted for one of the houses for the front yard in order to provide more of a view for the adjacent neighbors. She said it is a Staff decision with an optional hearing, and notices will be posted if a hearing is held. Councilmember Hall complimented Staff and the City Attorney for their presentation at the hearing regarding train speeds in Edmonds. She noted that there was quite a differentiation between Amtrak and Burlington Northern Railroad. Councilmember Hall reported that Snohomish County Health District is involved in the negotiations with the three unions. a�Mayor Naughten requested two Councilmembers to serve on the committee for the new telephone sys- tem. Councilmember Nordquist and Councilmember Hertrich volunteered. Councilmember Hertrich requested Staff to provide the Council with a report regarding a recycling program because the City has received a grant. Councilmember Hertrich also requested Staff to provide the Council with more definitive informa- tion in the future for hearings to help expedite the process. Council President Kasper scheduled Item #7 (Work Session on 1990 Budget) for November 8, 1989 following the meeting with the Planning Board. The meeting adjourned at 10 p.m. THESE MINUTES ARE SUBJECT TO NOVEMBER 21, 1989 APPROVAL. EDMONDS CITY COUNCIL MINUTES Page 9 NOVEMBER 6, 1989 JACQUELINE G. PARETT, City Clerk LARRY S. NAUGHTEN, Mayor o- , AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 -- 10:00 P.M. NOVEMBER 6, 1989 SPECIAL MEETING - MONDAY - BECAUSE OF GENERAL ELECTION ON TUESDAY CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF OCTOBER 30, 1989 (C) AUTHORIZATION FOR MAYOR TO SIGN COASTAL ZONE MANAGEMENT CONTRACT #GO090068 FOR BRACKETT'S LANDING BEACH ENHANCEMENT AND OTHER PROJECTS (D) AUTHORIZATION FOR MAYOR TO SIGN SNOHOMISH COUNTY TOMORROW RESOLUTION (E) AUTHORIZATION FOR MAYOR TO SIGN FEDERAL AID CITY/COUNTY AGREEMENT FOR RESURFACING ADMIRAL WAY 2. AUDIENCE 3. HEARING ON APPEAL OF ARCHITECTURAL DESIGN BOARD DECISION REGARDING (20 MINUTES) LANDSCAPING REVISION FOR WOODLAKE TOWNHOUSES AT 21003 83RD AVE. W. (APPELLANT/APPLICANT: MYRTLE JACK) (FILE AP-43-89/ADB-99-89) 4. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING REDUCTION (30 MINUTES) OF SIDE YARD SETBACK AT 19129 OLYMPIC VIEW DR. (APPELLANT: DON & ANN HERMAN; APPLICANT: JOSEPH BASCO) (FILE AP-42-89/V-27-89) 5. HEARING ON APPEAL OF ARCHITECTURAL DESIGN BOARD DECISION REGARDING (20 MINUTES) MODIFICATION TO BUILDING AT 528 PINE ST. (APPELLANT/APPLICANT: PINNEO-MICHEL) (AP-45-89/ADB-79-86) 6. REVIEW RESTRICTED PARKING ZONES IN DOWNTOWN EDMONDS (20 MINUTES) 7. WORK SESSION ON-1990 BUDGET (60 MINUTES) 8. MAYOR 9. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE