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19690708 City Council Minutesobservation site on Olympic View Drive to the city of Edmonds for a park site. • RESOLUTIONS OF COMMENDATION As directed at the last council meeting, the Attorney presented two.Resolutions of Commendation for council passage, and it was moved by Councilman Nelson, seconded by Councilman Slye.that Resolution #206 be passed, commending John Moran for his service while employed by the City. Motion carried. It was,moved by Councilman Kincaid, seconded by Councilman, Tuson that Resolution #207 be passed, commending City Attorney James A. Murphy, Assistant City Attorney John Wallace, City Engineer Leif Larson, Reid, Middleton & Associates, Inc., and Earl Stay, Appraiser for their efforts in acquiring the Sunset Beach.property. Motion carried. MISCELLANEOUS A letter was read from Fire Chief Cooper advising that Assistant Chief Klein had received the second highest score in an exam taken by over 400 firefighters. In regard to the payment for the Crown fire truck with oscillating aerial arm, a letter from Chief Cooper noted that 5% of the total cost'.was being withheld pending final acceptance of the vehicle. A motion was made by Councilman Tuson, seconded by Councilman Slye that payment of the Fire Truck be made with the 5% withheld as noted. Motion carried.. It was announced that the hearing on the last leg of the freeway, State Highway Route #104, will be held on July 11 at 10:00 A.M. at the PUD building, and this hearing will include.the overpass planned for 205ib. ' An application from the Edmonds Jaycees to sponsor a carnival on a lot at Sunset and • James was considered by council. It was recommended by the Police Chief that no games of chance be allowed, only rides and food concessions. It was also noted that the Edmonds City Code specified that a charge for carnivals be set at $50.00 per days' and a motion was therefore made by Councilman Tuson, seconded by Councilman Nelson that approval be given to the Jaycees to sponsor Ross United Shows, Inc. with pay- ment of the regular fee and with rides and food concessions only allowed. Motion carried. AUTHORIZATION TO.OPEN'BIDS FOR 76th URBAN ARTERIAL PROJECT Authorization was.:requested for opening of bids on the Urban Arterial Project for 761b Avenue West from 196W S.W. to 2120 S:W., with City of Edmonds being construction agent and City of Lynnwood and Snohomish County being joint project participants. It was moved by Councilman Tuson, seconded by Councilman Slye that bids be opened on July 17 at 2:00 P.M. for Urban Arterial Project No. 8-1-129 (1) Phase I Improvements, 761b Avenue W. from 196W S.W. to 2121b S.W., and the July 15 council meeting be con- tinued to July 22 in order to award the bid on this project. Motion carried. AUDIENCE PARTICIPATION James Martin stated that he had received a letter.from Del iBennett, traffic engineer of Renton, in regard to the one-way versus two-way traffic in Edmonds, and a copy of this letter was given to the City Clerk. Meeting was recessed at 11:45 P.M. to Tuesday, July 8 at 8:00 P.M. Recessed meeting was called to order by Mayor Harve Harrison with all councilmen present except Nordquist, who was on vacation. DEED FROM COUNTY FOR PARK SITE County Commissioner Richard Forsgren was in the audience and presented the*deed.for a lot on Olympic View'Drive in the plat of Seahurst,*that had been an observation point and owned by the county, to Mayor Harrison in exchange for $1.00. This will be a City of Edmonds Park Department site. Councilman Kincaid stated that the ac- quisition of this county -property was indicative of the perserverance of our Com- missioner, and that the City of Edmonds extended a vote of thanks to him. CORRESPONDENCE A letter was read from Lester W.'Hanvey, 608 Sunset Avenue, in regard to'the use of Sunset Avenue instead of Third for through traffic. He requested a meeting with the Traffic Safety Committee to discuss the remedies for this situation. A letter from Ruby Phillips to Councilman Bennett'was'read, inquiring about a claim for damages she had submitted in April. This was referred to the City Engineer for investigation. A letter was received from. the Algoma Garden Club stating that they were donating $140.00 to the'City to cover the costs of furnishing 40 planter tubs to be placed around town for beautification. It was not clear whether the Club wished to replace the present flower boxes or refill them, and the Mayor was asked if he would inquire into the intent of the Garden Club. It was moved by Councilman Kincaid, seconded by Councilman Tuson that the City of Edmonds express appreciation to the Algoma Garden Club for their thoughtful generosity. Motion carried. • i Ll 0 17 • It was reported that the South County Welcoming Service had asked for names of new Edmonds residents from Water Dept. files so as to contact these newcomers and help promote shopping in the Edmonds area. It was thought that the Snohomish County PUD. would have a more complete listing of new residents, since in most cases, water bills are in the names of owners, and all apartment house units are billed under the one owner name, also. Therefore, it*was decided that there would be no valid reason to deviate from the present policy of not giving out lists of property owners from water billing files. A motion was made by Councilman Bennett., seconded by Council- man Kincaid to advise the Welcoming Service that the water billing list would not be available,, since the PUD would have a more complete list for their needs, and to thank the Service for the work done in welcoming' newcomers to the area. Motion carried. Letters had been received from two property owners on 1991b S.W. in regard to the damaged roadbed from trucks, buses, and the winter weather. They noted that the City of Lynnwood had recently repaved their stretch of this street and wondered why Edmonds couldn't do the same for that area inside city limits. Councilman Kincaid asked if the Street Committee could have a two week period in which to look into.' this problem. Councilman Haines again brought up the suggestion that the city look into the possibility of a contract with the county for street maintenance. Follow- ing some further discussion;'the problem of this particular street was referred to the Street Committee,as Chairman Kincaid had suggested. AUDIENCE PARTICIPATION Mr. Orland Christensen, 121h Ave. N., spoke to council in regard to the Planned Unit Development ordinance. He stated that it encouraged application for multiple dwel- lings in single dwelling neighborhoods, and he urged the council to consider repeal- ing the existing Planned Unit Development ordinance and stop all' proceedings on this • until it could be gone over more fully.. He said the present ordinance speaks only of the Planning Commission and no mention is made of council authorization. He added that this ordinance would in fact allow what looked to him as spot zoning with multiple allowed to be set in.the middle'of an.RS-12 area, or example. He asked the council to close the door on this present PUD ordinance until a more detailed study could be -made of the situation, as the procedure is not clear,'he felt, on the steps to be taken in regard to PUD's: He thought the existing ordinance is not proper or lawful and should not be kept, allowing advocates of PUD's to rush in under an inadequate law that seems to allow a non -legislative body of the city to in fact have the final decision on whether or not a PUD could be built. Councilman Kincaid suggested this item be referred to study'in a council work session. Councilman Bennett noted that in theory the council does not see these PUD's'until the final plat is ready, and it would be better to look at a new PUD ordinance so the council could insert a requirement for a review of the proposals before the final stages. He also suggested taking this question to a council work meeting for discussion. . Mayor Harrison noted that if this developer had spent a great deal of time and money to present a plan to -the city, it would hardly seem fair to take it all away from him by repealing the present ordinance. Mr. Christensen replied that he'felt not too much had been'done or spent, as the plans presented had been rather sketchy. Following discussion, it was moved by Councilman Kincaid, seconded by.Councilman Bennett that this matter be on the next council work meeting agenda and the Attorney be present to advise the council of the legal aspects of the problem. Motion carried. A group of residents from 91b Avenue South were present and interested in obtaining the present traffic counts taken by the City in the'Westgate area. They were ad- vised the State traffic counts were available, and also the State projections, but that there was no'information on counts taken by the city at present. The Engineer's office was to obtain this date and make it available to these people.in the near • future. James Martin asked if the traffic count was available for Main'from 3rd to 5sb,.' No recent count had been taken. He also asked for an accurate count of the signatures on the petitions for the one-way versus two-way traffic on Main Street. He.was assured that these petitions were on file in the City Clerk's office, and anyone was welcome to look at them at any time. Mr. Martin then complained that the city council meeting minutes were not taped for total context, and following discussion, a motion was made by Councilman Bennett, seconded by Councilman Tuson that Mr. Martin's suggestion be considered for taping the council meetings and this item be taken up at a council work meeting. Motion carried.' Bill Kaspers', 9tb Avenue, brought to the attention of the council the petition re- questing an estimate on underground utilities. It was reported that figures had been submitted to the city by the PUD and Telephone Co. for 91h N. The property owners wished these figures to be incorporated in the proposed 90 LID, but it was mentioned that.if the LID failed, the underground facilities would also fail along with this. The telephone estimates were received for all along 9th, but the .PUD had given figures for 910 N. only, with estimates for 9W S. expected in the near future. Mayor Harrison asked if the property owners would prefer a combined LID for paving and the underground utilities: Mr. Kaspers said he felt the underground wiring of the city should go along'with the urban arterial program. Orland Christensen spoke in regard to a street light requested for 12b Avenue N. He was told that in order to have this proposed street light, it would require another pole in an area where most utilities are underground, and that perhaps an ornamental pole could be purchased by the property owners wishing this light. However, council felt a pole could very well be placed at that location without harmsng the esthetic beauty of the area, and would serve a useful purpose. is • COUNCIL PARTICIPATION Councilman Haines inquired if the city was keeping count of the man hours spent on ferry traffic. He felt this would help to build up an argument for an overpass over the tracks for holding lanes to the ferry. Councilman Haines again brought up the question of a guide or code of ethics for the council and asked if members had given some thought to this. He wished for comments, and several councilmen expressed the opinion that aside from the law stating con- tractual limitations, each councilman was responsible to abstain from voting on any issue which would involve a conflict of interest. Haines then moved that the City Attorney be instructed to draw a Code of Ethics ordinance for City Officials including Deaprtment Heads and Councilmen. This motion died for lack of a second. When asked, Attorney Murphy stated that he questioned whether the council could prohibit any member from voting on any issue; that the law spells out the $200.00 per month con- tractual limit; the citizens vote for the councilmen, and if a council member ab- stains from voting on any motion, he must explain his reason for abstaining. Councilman Bennett remarked on the tremendous weekend over the 41h of July in Edmonds, with the parade, fire hose water fights at the park, and the entire program which he felt was a credit to a small community. He recommended that .the Mayor write a note of thanks to the groups responsible for the successful weekend of enjoyment for everybody. Councilman Bennett also mentioned the speed of the train which went through town while the fireworks were being displayed on the waterfront, and the number of people who were on the railroad tracks. Councilman Bennett recommended that the council give proper guidance to the adminis- • trative branch'of the city in regard to the granting of requests such as that made by Orland Christensen for the street light on 12th N. He felt the people have a right to light for protection even if the.area with underground wiring is unhappy with a pole in the vicinity. He suggested that areas of underground utilities get a re- strictive covenant and buy the land for this purpose. CLAIMS FOR DAMAGES Claims for damages were acknowledged from Hugh H. Hopper, Jr., Raymond C. Lehde, and Clarence A. McConnachie. These were referred to the City Clerk for processing. FIRST READING PROPOSED ORDINANCES First reading was held on the proposed ordinances for (1) possession and use of marijuana, (2) arrest procedures, (3) closing hours for city parks, (4) restricting parking on 751b Avenue W., and (5) reducing speed limit on certain streets. Council- man Slye suggested that the recommendations from the City Engineer on speed limits of these particular streets be adopted, and he made the motion, seconded by Council- man Bennett that the proposed speed limits be made to comply with the recommendations of the City Engineer. Motion,carried. First reading was also held on the ordinance for the park bond issue. CONSIDERATION OF VACATION OF 72ND AVE. W. NORTH FROM 1561b STREET S.W. In considering the proposed vacation of 72nd Ave. W., north from 1561b S.W., Harold Keeney, architect, showed council drawings of the property in the -area and stated that a vacation would fill the needs of the property owners in development for • building. It was the recommendation of the City Engineer that this area not be vacated. Mayor Harrison suggested asking for a variance rather than -for a street vacation, and a motion was made by Councilman Bennett, seconded by Councilman Tuson that the city not consider vacation of 72nd Ave. W. as listed on the agenda for this meeting. Motion carried with Councilman Haines abstaining because he is the contract vendor on the property. FINAL PLAT'`OT BELT ADDITION #7 City Planner Merlin Logan presented the final plat of Belt Addition #7, and after some discussion, it was moved by Councilman Slye, seconded by Councilman Bennett that the Belt Addition #7 be approved. The motion was then amended to approve the Belt Addition #7 subject to granting a permanent street and utility easement'to the city for 101 in the excepted area. Councilman Haines then moved to withhold action on this, and his motion died for lack of a second. Amended motion was then voted upon and carried with Councilman Haines voting against. It was then discussed that wherever there were jogs in the R/W and where areas can- not be -purchased by the developer with cooperation of the owner, the City .should be able to condemn the property and costs be paid by the developer so that the city could have continuity in the R/W as per engineering requirements. ACTION ON PLANNING COMMISSION RESOLUTION #313 Planning Commission Resolution #313 was presented, recommending denial of a rezone from RML to BN property described in File R-3-69. An appeal had been received from W. D. Suryan,and later 'withdrawn. It was therefore moved by Councilman Tuson, seconded by Councilman Slye that the council uphold the recommendation of the Plan- ing Commission in their Resolution #313, and deny this rezone. Motion carried. r1 U �9 • AUTHORIZE BIDS ON PICKUP TRUCK FOR WATER DEPT. The City Engineer requested bids for a pickup truck for the Water Dept. to replace the one damaged in an accident. It was reported that it would cost approximately $425.00 to $650.00 to repair the truck, and the $1900 in the equipment replacement fund could handle the purchase of a new vehicle under the state contract, with a saving of from $300.00 to $350:00. The new pickup would be a Dodge. A motion was made by Councilman Haines, seconded by Councilman Slye that purchase of•a new 3/4 ton pickup be authorized according to state bids. Motion carried. Mr. Paul Reid of Harry Prior & Associates, management consultants, asked if hecould meet for a short time with council members following this meeting. Meeting was then adjourned at 10:25 P.M. .Irene Varney Moran City Clerk Harve Harrison, Mayor July 15, 1969 ROLL CALL Regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present. APPROVAL OF MINUTES • Minutes of the meetings of July 1 and July 8 had been posted and mailed. Councilman Nelson asked that the minutes of July 1 show that Councilman Nordquist left the meeting.following the 10 minute recess. Minutes were then approved as corrected. DRAWING FOR COUNCIL POSITIONS Council positions were drawn for the Municipal election. Position No. 1, the seat now held by Chester R. Bennett; Position No. 2, James Haines; Position No. 3, John Nordquist; Position No. 4, Donald S. Tuson.. Positions 1, 2 and 4 are 4 year terms and Position 2 is the 2 year Councilman at large term. HEARING: SIGN SIZE CRITERIA IN BC ZONES (CONT'D. FROM MEETING OF JUNE 3 ) Planner Logan explained that proposed sign criteria in BC zones had been before the.Plan- ning Commission several times for hearing, had come before the Council had been.referred back to the Planning Commission and the committee for further work. He read a letter from Mrs. Patricia Welling, Chairman of the Edmonds Beautification Committee supporting the proposed sign regulations; a letter from the Washington Roadside Council giving their recommendations; and a list.:of suggested changes in the proposed ordinance from the Edmonds Chamber of Commerce. Mr. Logan stated that recommendations had been asked for in writing and these were the only replies received. George Zamberlin, President of the Washington State Association of Electrical sign adver- tising, stated that the proposed sign ordinance makes many signs in the City of Edmonds illegal. He also stated that he thought much more study should be put into this proposal before an ordinance is passed. Mr. Bob Steisel, 619 8m Avenue S., stated that he lived in Edmonds but works with his sign business in Tacoma. He said he thought many of the restric- tions were good but that some were not covered. He believes that sign height should not be • higher than the building and that signs should be 2 feet back from the curb because of breakage by big trucks. Mr. Steisel also stated that he thought the waterfront should be protected from h.gh rise buildings the same as high signs. Mr. Harry Frederickson, re- presenting the.Edmonds Chamber of Commerce, spoke on the recommendations of the Chamber. He asked that the ordinance be amended adopting the changes as presented by the Chamber of Commerce. Mr. Frederickson stated that the petition for the recommended changes contained'. the signatures of 54 business people. Anthony Thein from the Association of Electrical Sign Advertising stated that the Association endorses the Chamber recommendations. He said that it would be a disadvantage to people coming in to the city to open businesses to be restricted when existing signs are larger, higher,.etc. He asked if the benefits derived from the proposed sign ordinance would.create equal public benefits. City Planner Logan said that the Planning Commission had spent much time on measurements and formula. There were no further comments, and the hearing was then closed. Councilman Haines stated that he believed the ordinance should be drawn with all the changes as recommended by the Chamber of Commerce. Councilman Bennett said he felt the Planning Commission was trying to upgrade the City. Nationally signs have become a problem and they are an unsightly condition. Councilman Bennett said he felt the Chamber recommendations would wipe out all the.Planning Commission is trying to do for beautification. Councilman Haines said that he did not believe non -conforming, structurally.sound signs should have to be taken down. Councilman Bennett said the Planning Commission and Planner Logan had spent much time on this proposal and if it is changed to the recommendations of the Chamber, committee government ceases to function. Building.Inspector Slabaugh, who is the enforcing agent for the sign ordinance said that he would rather have the sign code left as is than to have a watered down version as recommended by the Chamber of Commerce. 'He also stated that many signs can be altered. Councilman Nelson said he would like to see an amendment that pole signs could not exceed the height of roof line. Councilman Kincaid asked that the section on non -conforming use of signs be changed to 10 years from enactment of this ordi- nance.