19720822 City Council Minutes•
je�_,y
Irene Varney Wran, City Clerk Harve H.'Harrison, Mayor
August 22, 1972
ROLL CALL
Meeting of the Edmonds City Council was called to order at 7:30 P.M. by Mayor
Protem John Nordquist with all council members present except Nelson, who is
on leave of absence and Mayor Harrison, on vacation.
APPROVAL OF MINUTES
Minutes of the meeting of August 15 had been posted and mailed. Mayor Protem
Nordquist stated that on page one, paragraph three where a correction to the
August 8 minutes was noted, the second to Councilman Haines' motion was not
made by him, but by Councilman Winters. Minutes were then approved as corrected.
ANNOUNCEMENTS
Mayor Protem Nordquist reminded everyone that after September 5th all Council
Meetings will begin at 7:30 P.M. and all meetings will be alike with regard
to passage of ordinances, resolutions, etc.
Mr. Nordquist mentioned that at. Staff Meeting today the Capital Improvements
Review was discussed. The,review is close to reaching its climax and he requested
• that Council Members submit any memos or recommendations as soon as possible.
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Mr. Nordquist mentioned that while he'was in the City Hall today for a few
moments he had the pleasure ofmeeting Col. Mikkelwaite who had come to the
office to thank both the Police and Fire Departments for their response to an
emergency call last weekend regarding a member of his own family. Col. Mikkelwaite
thought that we at times take abuse, but thought it was in order for these
departments to be commended.
Mayor Protem Nordquist also.noted that as of Friday he will relinguish his duties
as Mayor Protem to Gary Nelson, the original Mayor Protem. He thanked the Council
and Staff for their cooperation during his tenure as Mayor Protem.
INTRODUCTIONS
Mayor Protem Nordquist, "introduced the CAO and members of the City Staff. At
this point Councilman Tuson asked the Mayor Protem to introduce members of his
family present in the audience. Mr. Nordquist then introduced his wife, Delores
and children Linda, Peter and Jim.
COUNCIL PARTICIPATION
Councilman Tuson brought up the matter of the Yield Signs in place at 4th and
Edmonds. He thought since this is a fire lane that Stop Signs should replaoe
the Yield Signs. He therefore, -made a motion, seconded by Councilman Gellert to
put Stop Signs at the north and south corners of 4th and Edmonds so that fire
trucks could proceed to the waterfront without fear of an accident. After some
discussion, the motion carried.
Councilman Haines asked for clarification on the hours of Council Meetings.
Mr. Nordquist replied that the next meetings in August would be at 7:30 P.M.,
the September 5th meeting will be at 8 P.M. and all others thereafter will
be at`7:30 P.M.
Councilman Haines noted the arrival of Commissioner Dick Forsgren. At this
point Mayor Protem Nordquist also took the opportunity to welcome Commissioner
Forsgren on behalf of the Council and City Staff. He also thanked the Commissioner
for his participation in City programs.
Councilman Haines mentioned at this time that 'there is a small portion of the
road on 75th Pl.-W. (off 76th) that should be built up and smoothed out. Mr. Haines
said he didn't know if CAO Whaley had gotten a chance to contact the Commissioner
or the Road District about smoothing that area out, but thought this would be
an ideal time to bring it up. -Mr. Whaley said what they are trying to do now
is come up with an -estimate of where we have stopped on 76th going to North
Meadowdale Road involving leveling and changing contours. However, this estimate
is not yet ready.
Councilman Gellert said that in talking to the CAO last week he indicated that
with Engineer Larson's technical improvements, a through crossing at 76th and
Highway 99 is again feasible. Mr. Whaley said since the last signalization .
plan the 3M Company has developed a new directional lens. He thought perhaps
a control system could be worked out at 76th and Highway 99.' Engineer Larson
stated that the present plan is complete and ready for advertising. Councilman
Gellert made a motion seconded by.Councilman Haines to reconsider and re -study
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the traffic situation at the intersection of Highway 99 and 76th for the poss-
ibility of opening up a north -south passageway. Mr. Gellert noted that this is
definitely the best route from Seattle into North Edmonds. Councilman Haines
stated that there had been considerable discussion on this subject some time ago
and there were various reasons brought forth at that time as to why this could
not be done, one of them being the angle of the intersection. Mr. Haines then
asked Engineer Larson if this has changed. Mr. Larson said that this would
require further study regarding restriction of turning movements, etc. Some
further discussion followed. On call for the question the motion carried with
Mr,. Nordquist voting no.
Mayor Protem Nordquist mentioned an item he would like discussed on a future
agenda and that is the matter of people who are assigned to take over in the
absence of department heads. He thought perhaps there should be some extra
remuneration for these people since they are carrying a double work load.
Councilman Tuson mentioned that he had been Mayor Protem several times and had
never received nor expected to receive any extra pay as he considered it an
honorary position.
AUDIENCE PARTICIPATION
At this timXcgTA ce Chief Les-Neuert took the opportunity to introduce two of
his men atten in the meeting, Detective John Holleman and Kenneth Estes. Mr.
Nordquist thanked the men for taking the time to -:come.
REVOCATION HEARING: GUARDIAN AMBULANCE. INC. (CONTINUED FROM AUGUST 15)
The Mayor Protem read a,letter dated August 22, 1972 from Guardian Ambulance, Inc.
addressed to Mayor Harrison and the City Council. The letter stated that
Guardian was voluntarily surrendering its license to operate an ambulance in
the City of Edmonds. The letter stated that Guardian is no longer doing business
in the City of Edmonds and this is the reason that the license is being surrendered.
Councilwoman Shippen asked about the ordinance governing this issue with regard
to felons operating an ambulance. City Attorney Wallace replied that this is
just one of the items to which the City Council is to look in reviewing an
applicant. Councilman Gellert said that in talking to the Police Chief he had
made a good point of explaining why an ambulance operator should have an
especially good record. This is because they are subjected to excessive pressures
and temptations that the ordinary business man is not.
Mayor Protem Nordquist then opened the hearing. Acting Police'Chief Les
Neuert made a presentation regarding the revocation of the ambulance license
of Guardian. He stated that he had a letter from the Internal'Revenue Service
dated"August 10, 1972 showing that on March 29, 1972 they filed a lien against
Guardian Ambulance in the amount of $3,195.72. This money was not available,
so the IRS seized their ambulances, in a sense putting them out of business.
On August 4, 1972 the IRS filed another lien in the amount of $1447.00 which is
still outstanding. The Chief said he also had a letter from an insurance agent
stating that as of June 1 the liability insurance of Guardian Ambulance was
transferred to Lynnwood*Ambulance,'which would be a violation of the ordinance
since they are not able to provide liability. In further support of this would
be Mr. Hall's statement last week that Guardian was, in fact, no longer in
business. Based on the above information, Chief Neuert requested official
revocation of the license of Guardian. No one in the audience wished to comment
and the hearing was then closed.
A motion was made by Councilman Gellert and seconded by Councilman Tuson to
revoke the license of Guardian Ambulance, Inc. as of this date for :the reasons
as stated in Acting Police Chief Neuert's report mentioned above. Motion carried.
CONSIDERATION OF THE APPLICATION OF LYNNWOOD AMBULANCE INC.
The Edmonds Cilty Council accepted the withdrawal of the application of Lynnwood
Ambulance, Inc. for an ambulance license based on the letter received this
date from Gary Hall. It stated in part, "Lynnwood Ambulance hereby withdraws any
application or request that it be licensed in the City of Edmonds".
Some discussion followed concerning the lack of an ambulance service in Edmonds
at the present time. Acting Police Chief Neuert said that we have already
received inquiries from other companies, and that there has been talk that
Stevens Hospital may start their own ambulance service. Following further
discussion, Councilman Gellert made a motion seconded by Councilman Tuson to
discuss the ambulance situation further on September 26th. Motion carried.
HEARING: PLANNING COMMISSION RESOLUTION #387 - RECOMMENDING APPROVAL OF
A PROPOSED AMENDMENT TO THE OFFICIAL ZONING MAP TO REZONE FROM
.RML AND RZ-8 TO RD PROPERTY DESCRIBED IN PLANNING COMMISSION
FILE R-5-72. (CONTINUED FROM AUGUST 15)
The City Planner, Merlin Logan, stated that the applicant is Nord Homes and he
reminded the Council that there was discussion last week about the potential
amount of development on the property if it were rezoned from,RML and RS-8
to duplex. He gave fugures at that time indicating they could construct 26 or
27 duplex units, however they have submitted a plat which contains only 16
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lots. He said further that he had received an agreement in preliminary form
stating that the developer will indeed file a document with the County limiting
the use of the property to 16 lots. City Planner Logan feels it is the
intention of the owner to carry through and establish this contract. Mr. Earl
Cline, of Reid, Middleton and Associates, interrupted at this point to say that
he had the signed copies with him. In answer to an inquiry from the Council,
City.Attorney Wallace said the agreement just needed some minor re -working for
the purpose of.clarification. Mr. Tuson asked if this would carry through to
any future owner. Mr. Wallace replied that it becomes a covenant that runs
with the land. After considerable discussion the hearing was opened.*
Mr. Earl Cline stated that all his client, Nord Homes, wants is to get an approved
plat with 16 lots and duplex zoning. He assured the Council that it was Mr.
Nordstrom's intent to proceed immediately with this plat. No one else wished
to comment and the hearing was closed.
A motion was made by Councilman Haines and seconded by Councilwoman Shippen
to instruct the City Attorney to draw up the proper ordinance to reflect the
wishes of the Council to rezone the property to RD with a 16 lot limit and
also a 32 dwelling limit. He added further that we have this drawn up and
approved at the September 5th meeting. Councilman Haines inquired if he.could
add that if the property was not developed within the specified time, if the
zoning could revert to the present zoning. The City Attorney answered that at
the expiration of the two year period the City would have the power to rezone
if it wished. Following this the motion carried.,
CONSIDERATION OF PRELIMINARY PLAT'OF MAPLEWOOD P-10-72 (Continued'FROM AUGUST 15)
• After- some preliminary statements City Planner Merlin Logan recommended approval
of the plat. Councilman Gellert then made a motion seconded by Councilman Tuson
to approve the preliminary plat of Maplewood subject to engineering and planning
requirements and subject to the zoning in effect at the time of the development.
Motion carried.
HEARING: ON APPEAL FROM RECOMMENDATION IN PLANNING COMMISSION RESOLUTION
#386 - RECOMMENDING DENIAL OF A PROPOSED AMENDMENT TO THE OFFICIAL
ZONING MAP TO REZONE FROM BN TO BC PROPERTY DESCRIBED IN PLANNING
COMMISSION FILE 'A-4-72.
City Planner Merlin Logan stated that the Planning Commission recommended denial
of this rezone by a vote.of 4 to 2. This property is in the Perrinville area
and was zoned BN in 1964 along with several other areas, including the North
Edmonds area at 196th. It was done to specifically allow and encourage'a very
restricted type of business establishment on a small scale in residential -areas.
Concerning this particular piece of property, Mr. Logan says he questions the
legality of the City approval of this rezone, because it would give one property
owner greater development rights than anyone else in the surrounding area. He
said the'city could possibly be taken to court for establishing a spot rezone.
In reply to a question from Councilman Tuson, Mr. Logan answered that Mr. Ferrill,
,the owner'of the property, had two possible tenants. One would be a motorcycle
repair shop and the other an auto repair shop. Mr. Tuson stated that it would
depend on the property development of the property for that use. Councilman
Haines noted that for a number of years this property was a service station,
but that it was essentially a repair shop. Mr. Forsgren said that the corner
is an eyesore and by no reasonable stretch of the imagination could the area be
considered residential. He stated further, tfiat- Mr-:".Ferrill'�is...,a'successful
• business man and a member of the Snohomish County Planning Commission, so he is
sure Mr. Ferrill would not operate a business that would be a detriment to the
City of Edmonds. At this time the hearing was opened.
Mr. Cecil Ferrill stated that he definitely would like a rezone on the property
so that he could develop it. He said he has received calls from time to time
from persons asking him to beautify the corner, but of course cannot afford
to remodel the building unless he has a tenant to go in there to bring the money
back in. Councilman Gellert asked if Mr. Ferrill thought a motorcycle repair
shop would be excessively noisy. Mr. Ferrill assured the Council that he would
be willing to abide by any noise restrictions in effect. Following further
discussion the hearing was declared closed.
Councilman Haines wondered if we could have a contract rezone, since the only item
before the Council is -the one corner and this way we could put noise control
in the contract. Mr. Logan suggested that a better way would be to amend the
zoning -,ordinance to allow certain auto repair activity conditionally in a
neighborhood business zone, subject to the Board of Adjustments' review. A motion
was made by Councilman Haines to instruct the Planning Commission to hold hearings
on amending the ordinance on neighborhood business to allow auto repairs in that
zone by Conditional Use Permit. At this point the chair asked the City Attorney
if we should vote on this motion or handle the agenda item first. Mr. Wallace
answered that the agenda item should be voted upon first. Therefore, a motion
was made by Councilwoman Shippen to uphold the Planning Commission denial on
the proposed amendment to the official zoning map from BN to BC the property
described in Planning Commission File R-4-72. Councilman Gellert seconded
and following a roll call vote'the motion carried with Councilman Tuson and
Councilman Winters voting no.
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At this point Councilman Haines restated his motion. Councilman Gellert seconded•.,
Then Councilman Gellert amended the motion adding that we instruct the Planning
Commission in their review of the permitted uses as far as automobile repair
shops that they give consideration to the scope of the repair and the noise
level. Councilwoman Shippen seconded the amendment. Councilman Winters then
made an amendment to the motion that the square footage of the building be
taken into consideration in that study also, and Councilman Gellert seconded.
Both amendments carried. The motion as amended then carried with Mayor Protem
Nordquist voting no. Councilman Haines made a motion seconded by Councilman
Winters to instruct the Planning Commission to proceed with this study in a most
expeditious manner. Motion carried.
PRESENTATION OF PETITION FOR ANNEXATION - ANCHOR BOAT SALES
Mayor Protem Nordquist presented a petition for annexation from Anchor Boat Sales.
He also read a letter from Burlington Northern to Jim Murphy.asking Mr. Murphy
to place before the Council a petition regarding certain Burlington Northern
property to be annexed to the City of Edmonds. It has been signed by Mr. R.L.
Merklin, Vice President of the company.
A motion was made by Councilman Tuson and seconded by Councilman Haines that
the City Attorney draw an ordinance for annexation of this property and set
hearing for September 19th. Motion carried.
DETERMINATION OF STREET PRIORITIES FOR USE OF FUNDS FOR UNDERGROUNDING
Councilwoman Shippen presented to the Council some suggestions on street priorities
for undergrounding. She said we do have money for this activity and thought •
we should begin to think about how to spend that money in the wisest way possible.
She said she used five standards -namely: the view corridor, is it a city
entrance, are improvements scheduled on it, is it a commercial street and are
residents interested. She chose.six streets that fall in this category.
She proposed the following in order of priority:
1. Main Street from 6th to the ferry.
2. Fifth South from new ferry overpass to Main.
3. State Highway north from Sunset to 88th.
4. Olympic View Drive.
5. Dayton from 6th to Railroad Avenue.
6. Olympic Avenue.
Mrs. Shippen stated if these suggestions were adopted the next step to consider
would be the cost and the formula for determining who pays what. She thought
the formula for undergrounding heavily traveled streets should be different
from that of a residential street. The final step would be assessing interest,
either"',.the businessmen or residents who occupy these streets.
Councilman Gellert suggested adding all blocks contiguous to Edmonds Civic Center
and Third Avenue from Caspers to Main. Mr. Nordquist stated that he would
like to see an overall useage of this money rather than just downtown. JoAnn
Warner, present in the audience, stated that a major improvement has been made
by -painting all of the buildings on Main Street and since it is the old part
of town, and historic preservation is the big thing now, therefore we -could
certainly use underground wiring on Main Street for a starter. She suggested
Olympic View -Drive next since it is a scenic drive. City Engineer Leif Larson
stated that some of these streets are included in the Capital Improvements
Program, and it was his suggestion that we try to add these to the Capital •
Improvement Program so that they can be evaluated and priorities be put on
them with everything else in the program. After some Council discussion
Mrs. Shippen stated that if this goes in the Capital Ii vemenit. Program
it could stretch over an indefinite period of time.
Councilman Haines stated that the downtown area has been discussed for years
but we never got full cooperation of the people. He stated that if priorities
are to be set the number of people using the streets should be taken into
consideration. Councilman Haines made a motion to accept the criteria for
establishing priorities as outlined by Councilwoman Shippen. At this time
Councilman Tuson thought he should abstain from voting on this item since he
is a property owner on Main Street. Mr. Haines noted that this is a policy
matter which affects the whole city and not just one area, and as long as it is
a policy issue he thinks no Council Member need disqualify himself on a policy
matter. Councilwoman Shippen seconded the motion. After further Council discussion
Councilman Gellert made an amendment to the motion that a specific list of priorities
be established as part of the formal Capital Improvements Program, to be reviewed
annually, which 'lists undergrounding in order'of priorities. Councilman Haines
seconded and the amendment carried. 'The motion as amended then carried.
SENIOR CITIZEN CENTER: REPORT ON BUILDING PLANS AND CONSIDERATION OF
$100,000 COUNCILMANIC BONDS.
CAO Ron Whaley stated that at a recent meeting with people from the Senior Center
we submitted comments to Harry'Nelson, architect, from various departments in the
City regarding steps to be taken to bring the buildings up to code. Mr. Nelson
had prepared some estimates together with a summary of total dollars involved.
It boils down to a final figure of actual monies available in the area of $54,0.00
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to $60,000. Mr. Whaley said this is far short of the figure necessary to accomplish
the work, which would be in the neighborhood of $200,000. Under the first phase
using available funds these Items were considered: allowance for protecting west
side of the building during high tide, addition to the sprinkling system, replacing
the existing water main, exterior work on the block building. Mr. Nelson had
prepared a rough draft of the specifications taking into consideration the require-
ments of HUD. Also submitted at that meeting was a draft of a proposed agreement
between the City and the architect for services. Mr. Whaley referred these
documents to the Attorney for review. Also Reid, Middleton will complete land
survey by end of the week. Mr. Whaley"stated that there are several forms and
reports which the City will be required to submit. After talking with the legal
department at HUD, Mr. Whaley stated that all HUD will require from the City is
evidence that our intent is to follow through with financial support in.the terms
of the $100,000 participation. Based upon this information, Mr. Whaley asked the
Council to direct the City Attorney to prepare an ordinance for the authorization
to sell $100,000 councilmanic bonds, and also recommend the bonds not be sold
until such time as.they are absolutely required.
Councilwoman Shippen asked if the parking requirements could be reduced and said
she hated to have valuable land wasted. Mr. Tuson pointed out that we have to
provide parking for people going to the beach, also. Following further discussion,
a motion was made by Councilman Gellert and seconded by Councilman Tuson to
instruct the City Attorney to draw up an ordinance authorizing $100,000 councilmanic
bonds for use as matching funds on Edmonds Senior Citizens Center, .said authorization
to expire one year after date of ordinance if Federal grant has not been received
by this date. Councilman Tuson then made a amendment seconded by Councilman Gellert
to instruct the City Attorney to draw an ordinance authorizing the sale of
$100,000 councilmanic bonds, and that said bonds not be sold until such time as
• the City of Edmonds has received grant from Federal Government. The amendment
carried with Haines voting no. However, the motion as amended failed.to carry.
A motion was then made by Councilman Tuson to instruct the City Attorney to
draw an ordinance for the sale of $100,000 councilmanic bonds with the
understanding that the bonds will not be sold until such time as the City
receives a grant from the Federal Government for the purchase of the Senior
Center property. This motion died for lack of a'second. A motion was then
made by Councilman Haines to instruct the City Attorney to draw an ordinance
for the sale of $100,000 councilmanic bonds with the understanding that the bonds
not be sold until Federal grant has been authorized. The motion was seconded
by -Councilman Winters and the motion carried.
CONSIDERATION OF NAME CHANGE FROM SUNSET BEACH TO BRACKETT'S LANDING
Director of Parks and Recreation; Rod Garretson, reported that the Park Board
wished to retain the name of Sunset Beach and suggested that perhaps a plaque
could be erected saying Brachett's Landing in parentheses indicating the site
of the landing. Mrs. JoAnn Warner mentioned that she has been attending a siminar
conducted by three members of the Historic Preservation Office from Washington, D.C.
She mentioned the red book which is going to be ready for distribution on.the
1st of July 1973. In this manual all of the sites and buildings are listed
that have gone through the mill up to that time. If we do not have Brackett's
Landing settled by this time then it will go into the books as Sunset Beach.
She feels that Brackett's Landing sets the tone of the whole historic picture.
Merlin Logan spoke in support of Mrs. Warner's request. Mrs. Warner said
a bronze plaque could be erected on the site of the landing. These plaques
cost $75.00. A gentleman in the audience commented that he did not think it
• was a good idea to put up a plaque since he had noticed in Seattle that many
were mutilated or removed. A motion was made by Councilwoman Shippen that
the. -name of Sunset Beach be changed to Brackett's Landing. Councilman Tuson
seconded the motion, which then carried.
ACCEPTANCE OF FINAL PLAT OF "SHARON HEIGHTS NO. 3"
A motion was made by Councilman Haines and seconded by Councilman Winters to
accept the final plat of Sharon Heights No. 3. Motion carried.
COUNCIL ACCEPTANCE OF PHASE IA, 9th AVENUE UAB
Mayor Protem Nordquist read a map from Assistant City Engineer Dick Allen
addressed to him and the City Council stating that Universal Utility Contractors,
Inc. has completed the portion of 9th Avenue between Caspers Street and Fir
Street. Mr. Allen recommended that the work be accepted by the City as complete
and set the 30 day retainage period at this meeting. Retainage in the amount
of $27,245.05 is being held in an escrow account. Following some Council
discussion a motion was made by Councilman Winters and seconded by Councilman
Haines to accept Phase IA, 9th Avenue UAB. Motion carried.
CAO REPORT
Mr. Whaley brought to the Council's attention an opportunity to have the B.A.R.S.
explained to them. It is a one day 4 to 6 hour seminar being primarily put
together by the Association of Washington Cities. It is being held thoughout
the State at various locations. The local meetings will start at 10 A.M.
One will be on September 1.2th at the Lynnwood City Hall and the other on October 11th
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at the Holiday Inn in Everett. Mr. Whaley said that Mr. Nordquist had told him
that he had picked up quite a bit of information during the past three weeks
that he has been working more closely "with the City Staff. He stated that he
had become enlightened on the detail and work load that some of the Staff is
involved in. Mr. Whaley then urged the Council to attend these siminars.
One other thing that Mr. Whaley brought up is a problem Frith a particular type
of business. This 'is a vending type of operation and the licenses that we have
do not really apply to this type of activity: -.He askedlthe.Council to think
about their investment in the community. Should it perhaps be a 'franchise?
He asked what the Council's wish was in establishing controls, etc. on this
type of vending operation. After some discussion it was decided to check and
see how this situation is handled in Seattle.
Councilman Haines asked about the information that had been passed out to the
Members by the CAO. Mr. Whaley said it was to indicate what our requirements
are going to be in the future to pay off all bonded indebtedness and this was
indicated on a graph. Discussion followed.
Councilman Gellert announced that he will be unable to attend the Capital
Improvements Meeting as he will be out of town.
Councilwoman Shippen took this opportunity to thank Mayor Protem John Nordquist
for -his efficient conduct of the Council Meetings.
There being no further business to come before Council the meeting was adjourned
at 10:55 P.M.
Irene Varney Mo n, City Clerk
August 29, 1972
RnT.T. CAT.T.
Harve H. Harrison, Mayor
Meeting of the Edmonds City Council was called to order at 7:30 P.M. by Mayor
Protem Gary Nelson, with all council members present except Gellert, who was
out of town and Mayor Harrison, on vacation.
APPROVAL OF MINUTES
Minutes of the August 22 meeting had been posted and mailed. Councilwoman Shippen
noted that on Page 5, Paragraph 2 of these minutes, it was not indicated that
she voted no on the main motion asking the Planning Commission to hold hearings
on amending the ordinance on neighborhood.business to allow auto repair shops
by Conditional Use Permits. Minutes were then approved as corrected.
Mayor Protem Nelson suggested that the Council move down through the agenda,
and then go into the Mayor's Office for the Capital Improvements discussion.
In addition, Councilman Nordquist suggested that we move Item 10, the CAO Report
to follow the Audience Participation portion of the agenda. -
COUNCIL PARTICIPATION
Councilman Tuson offered a suggestion that the galvanized light standards on
Sunset Avenue and on 9th Avenue be painted. He said any color would be good
as he thought galvanized standards look terrible after they start weathering.
He mentioned the possibility of using the Fire Department Snorkle for this job.
CAO Whaley stated that once these standards are painted it will become another
maintenance program.
Councilwoman Shippen asked that the City Council consider a noise ordinance, if
for no other reason than to become aware of the complexities of this type of
restriction. She thought it would be a good idea to begin a review of a noise
ordinance before we consider the Planning Commission's hearing on the permitting
of auto.repair shops in a Neighborhood Business Zone. Councilman Haines said
he thought this was an excellent suggestion. A motion was made by Councilwoman
Shippen and seconded by Councilman"Haines that we consider reviewing the poss-
ibility of enacting a noise ordinance. Building Official, Harry Whitcutt, stated
that the Building Department has asked the Planning Commission to review the
ordinance in its present form. Mr. Tuson mentioned that some time ago: a situation
had come up regarding a rock band performing in a culdesac, and at that time
the City Attorney had said no one could define noise. What may be considered
noise to one individual would not be considered noise to someone else. CAO Ron
Whaley stated that the City of Lynnwood has enacted a noise ordinance,I and.last
week he had asked the City Planner to get a copy of this ordinance and any others
from surrounding cities so that we can review them. City Attorney John Wallace
noted that it is extremely difficult to get a conviction, since you have to have
the cooperation of the residents in the immediate vicinity of the noise, plus
'establish that the noise did exceed a certain level. Councilman Haines thought
it still is a good idea to review this matter if for no other reason than to
establish hours of the day that would be agreeable for certain activities. He
noted that even the operation of power lawnmowers is disturbing to some people.
On call for the question, the motion carried with Councilman Nordquist voting no.
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