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19711102 City Council Minutes2�1 U CLAIMS FOR DAMAGES • Claims for damages were acknowledged from G. John Doces & Doces Enterprises, Inc.; from Dennis & Sandra.Rothaus; and from Dr. & Mrs. Arthur F. Stamey. These were referred to the City Clerk for processing. REQUEST FOR STREET VACATION - 10th AVENUE, SOUTH OF.MAIN A request was received from Howard W. Hartness for vacation of the easterly ten feet of 10th Ave., title of which would revert to Lot 1, Block 39. He stated that this is necessary because of the.existinc house on Lots 3 and 4 encroaching on Lot 2 of the Lots 1 and 2 property, thus giving less than 60' frontage front and rear. City Planner Merlin Logan drew a diagram of the properties concerned on the blackboard for council clarification, and City Engineer Leif Larson recom- mended disapproval. Since Council had previously studied the request, it was moved by Councilman Kincaid,, -seconded by Councilman Gellert to uphold the recommendation of the City Engineer and disapprove the request for vacation. Motion carried. PRELIMINARY PLAT OF ELM VIEW ADDITION The preliminary plat of Elm View Addition, 7.5 acre tract between 7th Ave. and 8th Ave., south of Elm, was presented to council. City Planner Logan showed a drawing of the plat, which had been approved by the Planning Commis- sion. After study and discussion, it was moved by Councilman.Haines, seconded by Councilman Slye to approve the preliminary plat of Elm View Addition, subject to the City Engineer's recommendations. Motion carried. TRAFFIC SIGNAL AT 224th AND HIGHWAY 99 City Engineer Larson reported to council that he was concerned with the inter- section at 224th and Highway 99, recommended a temporary "fixed time" light for an expenditure of :$5000, and this could later be used at 212th after the approval is received for funding for a permanent installation at 224th. Following discussion, it was moved by Councilman Slye, seconded by Councilman Nordquist to authorize the purchase of a traffic signal for 224th and Highway 99 and enlist the financial aid of K-Mart on the project. Councilman Nelson expressed concern with the left turn pattern at 224th off the highway. Motion to purchase the signal carried. There was no further business, and the meeting adjourned at 10:30 P.M. Irene Varney Mo n, City Clerk November 2, 1971 12046I Harve H. Harrison, Mayor Regular meeting of the Edmonds City Council was called to order by'Mayor Harve Harrison with all councilmen present. Mayor Harrison mentioned that regardless of the outcome of today's election, he was sure friendships had been strengthened as a result of the competition. APPROVAL OF MINUTES Minutes of the meeting of October 19 had been posted and mailed. It was noted that under the hearing on Planning Commission Resolution 364, when Pete Scobby asked if the proposed ordinance would effect the Edmonds High School sign, City Planner Logan had answered that it would not, since that was not in a BN zone. Councilman Nelson also stated that under the item on traffic signal at-224th and Highway 99, he had expressed concern not only with the left turn pattern at 224th off the highway, but the subsequent line-up of traffic between 76th and Highway 99. There were no further omissions, and the minutes were approved as corrected. HEARING: (CONTINUED) ON PLANNING COMMISSION RESOLUTION 364 Hearing on Planning Commission Resolution 364 had been continued from October 19, recommending approval of a proposed amendment to the official zoning ordinance, revising Section 12.13.160, Permitted Signs, Planning Commission File ZO-8-71. City Planner Merlin Logan stated that it seemed to be the consensus of council that pole signs in BN zones be retained, and he summarized the council sugges- tions for revisions,based on discussions at the work meetings of October 12th and 26th. Mr. Logan also reported that Mr. Ward Phillips had phoned to express his opinion that services and products bring business, not signs. Councilman Nelson asked how many non -conforming signs there were at present, and Mr. 1 • 1 • 1 F L_ 0 • 211 1 1 • Logan answered that there had been no inventory taken. Councilman Tuson said that before he voted, he would like to know how many people would be effected because of the non -conformity. Councilman Haines said he would also like the information on how many non -conforming signs there were, and asked the City Planner if this could be determined before changes are included in the final draft of the proposed ordinance:p so that council might see a copy prior to passage. Hearing was then reopened. Mr. Earl Shreve, representing Standard Oil Co., asked if any sign not mentioned in the proposed ordinance would be prohibited. The City Planner answered that there would be no regulation on any type not mentioned. Mr. Shreve then re- ferred to Paragraph 3 in the suggested revisions, where it stated that rAnimum height between the ground and the bottom of the sign shall be 8 feet, and he agreed that this would satisfy his.needs.' However, he felt that it would be difficult to have the supporting poles back more than 10 feet, the minimum - setback mentioned, and asked if the restriction here could be limited, since a 101-setback could be prohibitive in some cases. Mr. Nicholson, Chevron station at Westgate, stated that the biggest obstruction to traffic at West- gate was the traffic regulator. He said he had two signs, one on top and one on a pole at the SW corner of the property, and to set hallmark signs -back 10' would be a hardship, especially when the new highway takes additional property off the front of these businesses. The Mayor suggested that perhaps the last sentence in Paragraph 4 could be eliminated, and the setback then be governed by the previous sentence that does not mention 10 feet, but rather that it shall not project into the public RAW. Councilman Kincaid said he was in favor of eliminating this last sentence. It was agreed that the end of the sign should not extend over the property line, however. A gentleman in the audience who lives in a BN area'offered the comment that'no sign im- proves the beauty from anyone's window, and he objects to signs, but realized businessmen need them. He added he was relying on the council's judgement for improvement esthetically that would also be in line with the business point of view. There were no other comments from the audience, and the hearing was closed. Councilman Gellert said it was the intention of council to keep the BN areas as pleasing to the neighborhood as possible, and suggested an esthetic para graph could place the city on record as favoring this. Following discussion, it was moved by Councilman Tuson, seconded by.Councilman Slye to instruct the Attorney to prepare an ordinance incorporating the suggestions for revisions 'and have ready for the November 16 meeting. Motion carried. SECOND READING: PROPOSED ORDINANCE PROHIBITING CONNECTIONS OF STORM DRAINAGE WATER TO CITY OF EDMONDS SEWER SYSTEM Second reading was held on a proposed ordinance prohibiting connections of storm drainage water to the City of Edmonds sewer system. Councilman Tuson questioned Section 2 of the proposed ordinance, objecting to a penalty apply- ing to people who were allowed to do this years ago and now suddenly find themselves in violation and subjected to a penalty. Attorney Murphy quoted the one year statute of limitations for action. It was offered that special problems would take special consideration, and it would be left to the dis- cretion of the Public Works Director to understand and deal in a reasonable manner with any hardship cases. Ron Whaley, Director of Maintenance and Operation, stated that it would be a gradual process and there was no problem in the majority of cases; that it was a simple case of disconnecting and channeling that water elsewhere. Captain Shields cited the case of this water running onto someone else's property. There was a great deal of discussion on wording of Section 2, with several suggestions including substituting "is cited for violation" for "who has violated" and adding "who, 90 days after notification, remains in violation". The suggestion was also given that when existing illegal storm drainage continued after proper notification by the city, instead of the penalty of a fine and jail sentence, an additional charge for this storm water be added to the violator's utility bill. It was then moved by Councilman Nelson, seconded by Councilman Kincaid that proposed Ordinance #1580 be passed, and the motion carried. Councilman Nelson also made the motion, seconded by Councilman Nordquist to place on the next council agenda a proposed ordinance providing'for'additional'utility charges for existing illegal storm drainage connected to the sewer system in lieu of aforementioned penalty. ALLEY USE PERMIT A request had been received from Mr. Turner,-840 Dayton, for an alley use permit. City Engineer Leif Larson reported that it was city policy that an uni#iproved alley can be used, without structures, by the abutting property owners. CAO D. C. Lawson stated that past policy was to allow use of the alley by each property owner to the center line, and this was an administra- tive decision on an informal basis, the continuance of which he supported. However, City of Edmonds Ordinance #1416 sets forth provisions for permits for use of public places, and regulations relating thereto. Following dis- cussion, a motion was made by Councilman Nelson, seconded by Councilman Gellert to instruct the City Attorney to prepare an amendment to the existing ordinance to discontinue public use permits in residential areas, for non- u 2-12 commercial use. Motion carried. PRELIMINARY PLAT - ROY CHURCH ON BOWDOIN WAY City Planner Merlin Logan presented the preliminary plat of Roy Church on Bowdoin Way, which had been approved by the Planning Commission. Mr. Logan posted a plat map and explained to council reasons for proposed location of the roadway. Council suggested improvement of the road by eliminating one lot and thus allowing a turn -around area, especially'for emergency fire apparatus. City Planner Logan asked for postponement'of this agenda item until the Engineer and developer could be present. It was therefore moved by Councilman Nordquist, seconded by Councilman Nelson that this preliminary plat be postponed to the next regular council meeting. Motion carried. PEDESTRIAN SAFETY AWARD Mayor Harrison had received from the AAA a pedestrian safety placque, awarded to the City of -Edmond for 7 years with no pedestrian deaths in the city. The Mayor presented the award for this achievement to'Police Chief Marlo Foster, who in turn thanked everyone involved in the program of safety in Edmonds. RESOLUTION APPROVING APPLICATION AND CONTRACT WITH EMERGENCY EMPLOYMENT ACTS' PROGRAM CAO Lawson commented on the necessity to conform with the requirements of the federal government in order to quality for the EEA program, and this agreement with the county by resolution is one of the requirements. Mr. Lawson went on to explain the program to council, including the three phases and number of people the City of Edmonds had applied for. Following this, it was moved by Councilman Gellert, seconded by Councilman Nordquist that proposed Resolution' 248 be passed, authorizing the execution of an interlocal governmental agree- ment between the County of Snohomish and the City of Edmonds, pursuant to the Emergency Employment Act of71971:,, Motion carried. CORRESPONDENCE The City Clerk reported that she had received a.notice from Attorney Curtis Thomson advising that the required 75% of owners signatures had been obtained for the proposed annexation of Bellin's Gardens. However, the petition itself must be filed with the City Clerk so that it can be checked for validity and sufficiency and then certified before a hearing date can.be set. Mayor Harrison noted that an invitation had been received for the Veterans Day Program at the Lynnwood Veterans of Foreign Wars Post Home at 8 P.M. on November 5. COUNCIL PARTICIPATION Councilman Tuson asked if the CAO could inquire into the problem of the lack: - of regular payments from Mountlake Terrace on the sewer agreement. CAn REPnRT CAO Lawson reported that the City Engineer requested a date be set for the hearing on the final assessment roll on LID 178, Phase II of the 76th West paving. It was moved by Councilman Nordquist, seconded by Councilman Slye that the hearing on the final assessment roll for LID 178 be set for December 7, 1971. Motion carried. Mr. Lawson also reported that the Mayor has given the preliminary budget for 1972 to the Finance Director to compile; that this will be discussed at the November 9 council work meeting when the newly council members will be in attendance, and the preliminary budget will then be officially pre- sented to council at the November 16 meeting. Councilman Nordquist inquired about a council representive on the labor negotiation team, and this will be decided upon following•:outcome of the election. PRESENTATION OF PLANNING COMMISSION RESOLUTIONS City Planner Merlin ;ogan presented Planning Commission Resolution 366, re- commending denial of a proposed reclassification of Olympic View Drive on the comprehensive thoroughfare plan, File CP-2-71. Following Mr. Logan's explan- ation of this recommendation by the Commission, a motion was made by Council- man Nelson, seconded by Councilman Nordquist to uphold the denial of the Planning Commission in accordance with their recommendation in Resolution 366. Motion carried. Planning Commission Resolution 367 was presented, recommending denial of a proposed amendment to the official street map establishing a street system for the area between 230th and 232nd - Planning Commission File ST-6-71. It was moved by Councilman Slye, seconded by Councilman Nelson that December 7 be set as the date for a hearing on Planning Commission Resolution 367. Motion carried. 1 1 L • 1 0 CLAIMS FOR DAMAGES 2-1 A claim for damages was received from John D. McDevitt, and this was referred to the City Clerk for processing. TEMPORARY AGREEMENT FOR CENTRAL DETENTION FACILITIES WITH LYNNWOOD POLICE DEPARTMENT A motion was made by Councilman Nelson, seconded by Councilman Tuson that the matter of.a temporary agreement for central detention facilities with the Lynnwood Police Department be continued to the meeting of December 7, and the motion carried. There was no further business, and the meeting adjourned at 10:35 P.M. l� Irene Varney Moran ity.Clerk November 16, 1971 ROLL CALL Harve H. Harrison, Mayor The 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 meeting of November 2 had been posted and mailed, and with no omissions nor corrections, they were approved as written. INFORMAL HEARING ON SIDEWALK IMPROVEMENT This was the evening set for informal hearing on sidewalk improvement, and City Engineer Leif Larson presented a drawing of a proposed plan for the downtown area. He noted the lack or condition of sidewalks on 2nd and 3rd Avenues, and said the question had also arisen regarding planting strips or perhaps trees in tubs after walks are installed. He then stated the two ways in which a project of this sort can be accomplished; (1) by the LID method, or (2) side- walk construction fund ordinance. He added that for a downtown project, the need was for community and business involvement, and decisions on,width as well as with or without planting strips. Engineer Larson then gave an estimate of the several costs involved, and the hearing was opened. Dave Larson, who owns 2 lots at the intersection of 3rd and Dayton, agreed with the idea of sidewalk improvement. He noted that elderly people walk in that area, and both situations of either no sidewalk or a badly cracked one present hazards. Mr. Larson was in favor of 10 ft. wide sidewalks on 2nd and 3rd to match the commercial area width, and he was also in favor of underground wiring being coordinated with the sidewalk installation so as not to tear up new walks in the near future. Mr. Larson also felt it desirable for sidewalks to'go to the curb and landscaping done on private property or perhpas use of planter boxes. ' Tom Powell, property owner on 2nd, felt sidewalks would hurt, rather than help • him. Pat Welling, Chairman of the Beautification Committee, said the Committee had discussed this matter of sidewalks and recommended paving to the curb area with openings cut in the walks for planting of trees, which she felt was pre- ferable to tubs. She stressed the need for more trees in the downtown area, and stated that the type of tree selected was important because of growth pattern and root system, etc. Mrs. Welling noted that in her travelling about the country, she had noticed many cities with approved tree planting programs which served to enhance the beauty of the area. Councilman Kincaid asked that it be made a matter of minute record that he would not participate in the discussion on this sidewalk improvement since he was a property owner on 2nd. A gentleman in the audience, owner of a 12 unit apartment building, stated there was no sidewalk and he wanted one regardless of the width, etc. In answer to building on 2nd, where his Auto Freight business formerly was located. Dave Larson, when asked by Councilman Nelson how he felt about -the cost factor, replied that cost are not going down in the future, and when people accept commercial ownership they also accept sidewalk responsibility. He added that he would like to see the work done on a comprehensive basis,'mot one piece at a time. Councilman Haines asked if there was any possibility in getting a petition for this project from the downtown ownerships, but Dave Larson answered that he could not offer any encouragement along these lines. Lenore Collins, Brookmere Drive, stated she was in favor of undergrounding the wires, ,but the PUD was not too cooperative in giving estimates. She added that uniform 10' sidewalks in the business area would certainly enhance the city. Councilman Haines asked for a sizeable interest by property owners before any design work is done on this. Councilman Slye agreed. Attorney James Murphy •