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19760504 City Council Minutes• May 4, 1976 Rnl I CAI I 425 The regular meeting of the Edmonds City Council was called to order at 7:30 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center with all councilmen present. APPROVAL OF MINUTES Minutes of the regular meeting of April 27 had been posted, mailed and distributed. Councilman Carns noted that in the first motion on page 9 the name LLOYD NELSON should be corrected to HARRY NELSON and that in the Speed Limit Ordinance motion for SR 524 and SR 104 on page 10 he had voted no. Councilman Gellert noted that on page 8 in the motion regarding the IAC-Application the motion should begin "THAT THE COUNCIL NOT TAKE UP MATTER AT THIS TIME BUT TO WAIT UNTIL AFTER THE ELECTION ..." and that on page 9 in the first motion regarding the Nuisance Ordinance the word "PENALTY" should be replaced with "THREAT OF JAIL SENTENCE." The minutes were then approved as corrected. COUNCIL PARTICIPATION Councilman Nordquist stated that in regard to Item 11 on the Agenda a study had begun on the properties in question and there has been a finding on one or two properties and that a two week MOTION: extension had been requested for the report so that it could be more complete. A MOTION WAS THERE- FORE MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CLEMENT, TO POSTPONE THE REPORT FROM THE HEALTH DISTRICT ON THE SEPTIC SYSTEM IN THE AREA FO 220TH, 96TH, 95TH AND 217TH UNTIL MAY 18. MOTION CARRIED-. Councilman Clement stated he would be absent May 11 and Councilman Anderson stated he would be late for that meeting. Councilman Herb stated he had to leave at 8:30 this evening so would no be • available to vote after that time. The Code Committee had recommended a proposed ordinance to establish the life of building permits. MOTION: A MOTION WAS THEREFROE MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN CARNS, TO HAVE THE FIRST READING OF THE ORDINANCE ESTABLISHING THE LIFE OF BUILDING PERMITS ON MAY 25. MOTION CARRIED. M.A.A. Ron Whaley had several requests for agenda items so the following motion-s were made: MOTION:. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, TO REVIEW PLANS AND SPECS ON MAY 11 RE MOUNTLAKE TERRACE LETTER RE UAB 228/236 ST. PROJECT.MOTION CARRIED. MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, TO REVIEW PRD 1-76 - Brook - acres for final approval on May 25. MOTION CARRIED. MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN ANDERSON, TO SET FOR PUBLIC HEARING BY COUNCIL PRELIMINARY PLAT P-6-76 - HORIZON WEST ON MAY 25. MOTION CARRIED. MOTION: A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CARSNI, TO REVIEW THE PRELIMINARY PLAT P-7-76 - WOODLAKE PARK ON MAY 25. MOTION CARRIED. MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, TO HAVE HEARINGS ON P. C. RESOLUTIONS 508, 509, 510, 511 AND 512 ON JUNE 1. MOTION CARRIED. MOTION: A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CARNS, TO PUT ON THIS EVENING'S AGENDA THE AUTHORIZATION TO CALL FOR BIDS FOR THE TALBOT ROAD RECREATIONAL WALKWAY AND BIKE PATH. PROJECT. MOTION CARRIED. HEARING: APPEAL FROM ADB RE CENTURY 21 READERBOARD SIGN ® Hearing was held on ADB-7-76 Appeal by Robert Nelson for readerboard sign at 7621 Lake Ballinger Way. City Planner Joe Wallis reviewed the appeal and showed slides of the area under consideration. He stated this item had been heard by the Amenities Design Board at three separate meetings and that members of the board had suggested changes in the height and bulk of the proposed sign but that the applicant was not willing to make any change and had submitted the same sign on all three occasions. Comparisons were made between the proposed sign and the nearby Mobil and Tire Marker signs. Mr. Tom Berry passed out drawings to the Council members giving dimensions of the three signs. Mr. Wallis stated the Century 21 sign was proposed to be erected at the property line on the street. Discussion was held on allowable sizes of signs in relation to the size of the property and whether this proposed sign would be considered a "hallmark" sign. Mr. Wallis stated a hallmark sign would be one that has a nationally identified symbol or logo, so the Mobil, Tire Marker and Century 21 could all be considered hallmark signs. Councilman Herb expressed the opinion, after discussion of how high the sign could be, hat in this case whether the sign is high or low seems to have little significance on the aesthetics of the case. Councilman Anderson noted that the Amenities Design Board had proposed a modification but that the applicant had not taken up that modification, and that the Council was actually hearing an appeal on the original proposal. Hearing was then opened. The applicant, Robert Nelson, introduced Jean VanEaten to make his presentation. She stated the sign . proposed is Century 21's national and international hallmark even though they had not previously used that term. She stated they wanted, as simply as possible, to let the public know that they are Century 21 and that they are real estate people and that they felt it would be of more aesthetic -value for the post holding the sign to be a part of the sign design. She felt their sign is professional looking and that they are interested in a professional business. Councilman Gellert questioned whether the lower portion of proposed sign --the readerboard portion --was effective on such a busy arterial and it was answered that they felt the readerboard encourages walk=in traffic which there is in the area. The issue of scale was brought up and Mr. Berry said that Mr. .. Nelson had not said this was the only acceptable scale. It was stated that the first compromise re- ceived from the Amenities Design Board was the same sign without the cross arm and mounted 4' from the ground, but that the board had not said anything about cutting down the size of the sign, except that 426 it is too large. The applicant did not feel the sign was worth buying if it had to be mount- ed that low. Mr. Berry then went into the history of the meetings with the Amenities Design Board, stating that they had not had very fruitful discussions, and that it had been five months since they first applied. The question was raised as to the legality of readerboards in a BN zone and City Attorney John Wallace stated that partable signs are not permitted but readerboards are. John LaTourell, Chairman of the Amenities Design Board, stated that this problem is typical of those the board faces, noting that the Mobil station has put in several unapproved signs. He stated that the Amenities Desing Board does not design signs. He said -when the first proposal was presented it was unanimouly decided by the board that the sign was too large for the small site and it was suggested that the,applicant exercise his creativity and bring in some alter- natives. It was recognized that.the applicant was promoting his logo and that he had a diffi- cult piece of property on which to get exposure. He said they had made suggestions at that meeting and had repeatedly suggested scaling. down the sign. He resented the statement that they had not asked that the sign remain small. He said one of the suggestions was that the sign not be on the crossbar and that the sign outside the city of Bothell does not have the crossbar. He said they tried to get the applicant to respond with something other than the original sign but that they come back every time with the same sign. He said it became evident that the applicant was not willing to work with the board. Councilman Herb questioned whether this was a personality factor or objective criteria. Mr. LaTourell replied that the opinion of the Amenities Design Board was that the proposal was an inappropriate sign. Councilman Carns asked if the same sign were proposed on Highwa.y 99 would the board raise the same objection and the repy was yes. Mr. LaTourell stated the sign is not an ugly sign, that it is a nice logo. He said if it were on a very large lot and not so close to the building and not in that location they would consider it differently but on that location and on that small site it was not an appropriate sign. Further discussion covered use of the crossbar as part of the logo and the total area of the sign and support. City Attorney Wallace read 12.12.200 of the Edmonds Municipal Code for the definition of the word "sign:" He said the usual portion is the part giving the information and not the supporting structure. Mr. Berry said it is not practical to put a readerboard lower than 8' because it should be out of reach of anybody passing, that 10' to the bottom has been the traditional height in the sign industry. He stated that the letters on .the sign could be enclosed by plastic for protection. The hearing was closed. Councilman Gellert felt the Amenities Design Board had worked hard on the proposal and agreed with the feeling that the logo and concept were rather attractive and also that the sign is probably out MOTION: of scale for the site. A MOTION WAS THEREFORE MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CARNS, THAT THE COUNCIL REMAND THIS PROPOSAL TO THE AMENITIES DESIGN BOARD FOR FURTHER PROCEEDING WITH THE INPUT SUGGESTIONS THAT THE SIGN APPEARS REASONABLE BUT THAT THE HEIGHT BE NO MORE THAN 8' FROM THE ROAD LEVEL TO THE BOTTOM OF THE SIGN AND THAT THE SQUARE FOOTAGE OF THE SIGN BE REDUCED TO 45 SQUARE FEET. Councilman Gould stated he felt the Amenities Design Board had acted correctly and Councilman Clement suggested that 60 square feet be considered the whoY.e area of the sign including the crossbar and not just the sign itself. Councilman Gellert added that he personally does not favor readerboards on signs, that he feels they clutter the scenery. Councilman Nordquist suggest- ed that with the heavy traffic on that street he would like to see the pole reversed and put to the inside of the property as it could be a danger to anyone jumping the curb. THE MOTION CARRIED WITH COUNCILMAN HERB OPPOSED. PROPOSED SNOHOMISH COUNTY TRANSPORTATION PLAN Vic Sood distributed information sheets on the proposed 1980 Snohomish County Public Transportation Benefit Area Transit Plan and gave a slide rpesentation showing areas to be covered and types of buses to be used. The area will encompass Marysville, Snohomish and South Snohomish County south of the city of Everett, going 'east as far as the Everett/Bothell highway. It will be owned and operated by the County Public Transportation Benefit Area Corporation consisting of the Snohomish County Commissioners and Councilpersons from Snohomish, Edmonds, Mojntlake Terrace, Lynnwood, Maryville and Brier. Councilman Clement will represent Edmonds. Mr. Sood explained the benefits of the proposed plan, what the expected fares will be and how it will be funded. He stated the MOTION: election to approve it will be June 1 and will be determined by a simple majority vote. A MOTION WAS MADE BY COUNCLMAN GELLERT, SECONDED BY COUNCILMAN CARNS, THAT THE EDMONDS CITY COUNCIL GO ON RECORD AS WHOLEHEARTEDLY ENDORSING THE JUNE 1 ELECTION FOR THE SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA TRANSPORTATION PLAN. MOTION CARRIED, WITH COUNCILMAN CLEMENT ABSTAINING. At this point Mayor Harrison had to leave and Mayor Pro Tem Robert Anderson took over the meeting. SHORELINES SUBSTANTIAL DEVELOPMENT PERMIT FOR FISHING PIER & ARTIFICIAL REEF AT END OF DAYTON STREET Assistant City Planner Noelle Charleson summarized the proposal of a fishing pier and artificial reef. She said the .important things to consider were (1) does it meet the City Shoreline Plan and (2) does it impose any signitficant negative environmental impacts. The proposed fishing pier would be of precast concrete, would have 1,050 lineal feet fo fishing rail space, and would have restroom faciltiites and concessionaire space. The artificial reef would be created by dropping tires down to create a place for fish. She said the net impact is cubstantially positive. One of concerns has been parking and she stated that problem hopefully had been worked out. The Depart- ment of Fisheries has reserved $27,000 for land acquisition or parking development costs. Burlington Northern Railroad also has indicated they will lease space to the City for parking if needed. The area is zoned CW and is serviced by adequate streets and public utilities. The Planni-ng Commission heard the proposal on February 25 and recommended approval and the City Plan- ning Department also recommends approval. Councilman Gellert asked the status of the Army Corps of Engineers permit. Mr. Costello of the Department of Fisheries stated they are having a meeting next Wednesday, but that so far no problems have come up. Councilman Gould asked if there will be navigational lights and the answer was yes, subject to the approval of the Coastguard, but up to the City to maintain. There -'will' also be • 1 1J 1 C 1 r� U • I • 1 1 1 illumination on the pier. Mayor Pro Tem Anderson asked for comments from the audience and MOTION: there were none so the hearing portion was closed. A MOTION WAS THEN MADE BY COUNCILMAN CARNS, SECONDED'BY COUNCILMAN GOULD, THAT THE FISHING PIER. AND ARTIVICIAL REEF AT THE FOOT OF,DAYTON STREET AND THE SHORELINES MANAGEMENT PERMIT FOR IT BE APPROVED BECAUSE IT DOES CONFORM WITH THE EDMONDS MASTER PLAN AND DOES NOT SHOW -ANY -NEGATIVE IMPACT ON EDMONDS. Upon questioning.Mr, Costello stated it could be developed by! tall if all permits were received by June, but that the Corps of Engineers will -not issue their permit until all other permits are issued. Council- man Gellert asked if the Amenities Design Board approval would be required. The answer was yes and that it has not been given as yet. MOTION CARRIED. - APPLICATION FOR _RIGHT=OF-WAY INVASION PERMIT FOR ACCESS FROM 68TH (STEINMAN) City Engineer Leif Larson reviewed the application stating Mr. Steinman had resubmitted the application based on Council action of April 27. He stated -that pending further.subdivision of Mr. Steinman's property the use of the right-of-way for driveway purposes is recommended for the single-family house with the provision that a bond be posted in the amount.of $2,000 for restoration and seeding of the unused portions of the cleared right-of-way. The restoration will be required subsequent to the installation of the water line from Meadowdale Beach Road which is for one house only. Mr. Larson suggested further that the matter be handled adminis- tratively by the Mayor and his staff from here on. City Attorney Wallace stated in regard to the administrative handling of the matter that -the ordinances provide that these are to be heard by the Council but the Council has stated in residential areas it be left to the staff. Councilman Gellert stated he would like to have any earth that might be in excess from the east right-of-way be placed on the right-of-way to the west. THEREFORE, A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CARNS, THAT THE STAFF BE INSTRUCTED TO APPROVE THE APPLICATION OF THE RIGHT-OF-WAY USE ALONG 172nd STREET S.W. FROM 68TH AVENUE W., SUBJECT TO THE'POSTING OF A $2,000 BOND FOR RESTORATION AND SEEDING OF THE UNUSED PORTION OF THE RIGHT-OF-WAY, THAT THE MATTER BE HANDLED FROM HERE ON BY THE STAFF, AND WITH THE SUGGESTION THAT WHEREVER POSSIBLE ANY EXCESS EARTH FROM THE RIGHT -OF- WAY BE USED ON THE RIGHT -of -WAY OF 172ND STREET S.W. TO THE WEST. MOTION CARRIED. REQUEST FOR STREET DEDICATION - PROPOSED LOTH PLACE SOUTH City Planner Joe Wallis reviewed this request. He stated the site -is three lots and there is further possibility of subdivision of the property to the south. He stated the right-of-way conforms to minimum standards. City Engineer Larson reviewed the history of this particular case saying the property to the east -was developed under old standards with a 15' easement. It was decided to get one consolidated access. The developer has worded with the individuals concerned and the right-of-way is now 33'. The developer has gotten the necessary deeds from surrounding property owners. He recommended the City Council accept the deeds. He stated this conforms.to the poliey•the'Council has had in respect to -trying to do,away with easement roads. Mayor Pro Tem Anderson asked if it had to be in any further legal form and Mr. Larson replied that it was just a question of authorization. A MOTION WAS THEN MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN GELLERT, THAT THE REQUEST FOR STREET DEDICATION OF LOTH PLACE SOUTH BE APPROVED. MOTION ,�;CARRIED. DISCUSSION OF POSSIBLE COUNCIL FINANCE COMMITTEE Councilman Nordquist reviewed this proposal that a committee be created to act as a quide to the financial situation of the City. He suggested it consist of the Mayor or his designee, the Finance Director, and two--cauncilpersons. There was some discussion as to who should be MOTION: on such a committee. A MOTION WAS THEN MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN GELLERT, THAT A COMMITTEE BE CREATED, TO BE DESIGNATED AS THE COUNCIL FINANCE COMMITTEE, WHICH WILL MEET AT LEAST -MONTHLY AND WILL CONSIST OF TWO COUNCILPERSONS, THE MAYOR, THE CITY AUDITOR AND THE FINANCE DIRECTOR, FOR A TOTAL OF FIVE PERSONS, AND THE -CHALLENGE OF THAT -COMMIT- TEE WILL BE TO REVIEW THE FINANCIAL SITUATION OF THE CITY IN RELATION TO THE BUDGET, BONDING CAPACITIES, CAPITAL IMPROVEMENTS AND WHATEVER FINANCIAL MATTERS ARE IN NEED OF REVIEW. MOTION CARRIED, Councilmen Clement and Gould were appointed to the committee. The term will,be for" one year beginning in January of each year, °- °V PASSAGE OF PROPOSED.ORDINANCE RE ELECTION OF COUNCIL & PROCEDURES FOR FILLING VACANCIES, ETC. City Attorney Wallace reviewed the proposed ordinance which had been requeste& at the April 6 Council meeting. He said it would remove some of the old outdated sections relating to election MOTION: of councilmen, etc., prior to the City becoming an optional code city. A MOTION WAS MADE BY COUNCILMAN GOULU, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE ORDINANCE #1841, RELATING TO COUNCIL ELECTIONS AND FILLING OF VACANT COUNCIL POSITIONS. MOTION CARRIED. AUTHORIZATION TO CALL FOR BIDS FOR FIRE SUPPRESSION ATTACK UNIT Fire Chief Jack Cooper reviewed this.request and said it will enable them to get into some of the steep inclineareas in the City. He stated the developers of,Shell Valley will be putting $6,000 toward the purchase price of the"unit._.. He said he had proposed to purchase one in two years but with this help it can be purchased -earlier. The total cost will be $25,000 to. $30,000 and the cost will be spread over several years, He stated -it is a very competitive area and he expects a good number of bids. There was some discussion -as to the term o:faa loan from the Firemen's Pension Fund for the purchase, the City�Attorney advising it should be short term. Councilman Gellert was concerned that if the Shell -:Valley PRD did not go through MOTION: that money may not be available. A MOTION WAS THEN MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CARNS, THAT PERMISSION BE -AUTHORIZED TO CLAL FOR BIDS ON JUNE 1, AT 10 A.M., IN THE OFFICE OF THE MAYORI,: WITH THE UNDERSTANDING THAT NO AWARD WILL BE MADE UNTIL $6,000 FROM THE COMPANY THAT IS DEVELOPING THE SHELL VALLEY PRD IS COMMITTED. MOTION CARRIED. AUTHORIZATION TO CALL FOR BIDS ON STREET MAINTAINER Public Works Supervisor Herb Gilbo reviewed this request for a piece of maintenance equipment. 428 He stated it is a light duty grader, about 113 the size of the usual grader. It is proposed to • replace the 1965 maintainer they presently have. The present one is a high maintenance vehicle. He stated the item has been placed in the budget and explained how it would be paid for. He - requested authorization to call for bids. On questioning he gave figures projected to repair the present maintainer, saying it needed tires at $1,100, work on the clutch at $475 to $500, and that the engine was rebuilt in 1972 and was due to be replaced soon. Also, the frame has been welded in many places. He said he would expect at least two bids, He said it was difficult to compare to comething like a streetsweeper insofar as contracting for rental of one because it is not used for one specific function. There was further discussion about costs and the Council felt that because they were unfamiliar with the piece of equipment and because of the high cost MOTION: of purchasing it they should have more information before making a commitment. THEREFORE, A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CLEMENT, TO POSTPONE .THIS ITEM FOR ONE WEEK AND THAT PUBLIC WORKS SUPERVISOR HERB GILBO PREPARE AN IN DEPTH PRESENTATION TO PRESENT TO THE NEXT MEETING. MOTION CARRIED. AUTHORIZATION TO CALL FOR BIDS FOR LIBRARY CARPETING Librarian Kathy Turner reviewed this request to call for bids for approximately 425 square yards of acrylic nylon or continuous filament nylon carpet for the Edmonds Library. She.stated this has been budgeted for in the 1976 Library Fund. She stated the carpet pad had already been obtain - MOTION: ed and -.was being stored. A MOTION WAS THEN MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN GOULD, THAT SINCE THIS HAD BEEN DISCUSSED AT BUDGET TIME APPROVAL BE GIVEN TO CALL FOR BIDS ON THURSDAY, MAY 27, AT 2:00 P.M., FOR APPROXIMATELY 425 SQUARE YARDS OF ACRYLIC NYLON OR CONTINUOUS FILAMENT NYLON CARPET FOR THE EDMONDS LIBRARY. MOTION CARRIED. AUTHORIZATION TO CALL FOR BIDS FOR TALBOT ROAD RECREATIONAL WALKWAY AND BIKE PATH PROJECT MOTION: City Engineer Leif Larson reviewed this item. A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS, TO CALL FOR BIDS FOR THE TALBOT ROAD RECREATIONAL WALKWAY AND BIKE PATH PROJECT ON MAY 20, 1976. MOTION CARRIED. • CLAIMS FOR DAMAGES The Deputy City Clerk reported that a claim for damages had been received from Allen and Marlene Weber in the amount of $21.06 and had been forwarded immediately to the insurance company. Council acknowledged receipt ofthe claim. There was no further business to come before the Council, and the meeting was adjourned at 10:00 P.M. A IRENE VARNEY MORAN, Citt Clerk H. H. HARRISON, Mayor May 11, 1976 ROLL CALL The regular meeting of the Edmonds City Council was called to order at 7:30 P.M. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center with all councilmen present except Clement who had advised the Council he would not be present. APPROVAL OF MINUTES Minutes of the regular meeting of May 4, 1976 had been posted, mailed and distributed., and with no omissions or corrections they were approved as written. COUNCIL PARTICIPATION • Councilman Gellert inquired as -to whether the City was still getting an appraisal on Brookacres. City Attorney Wallace replied it had been ordered about six months ago and he had run into the appraiser about :three weeks ago and inquired about it and the appraiser said it was one he had not gotten to yet. The appraisal was to include the Haines property and would cost about $400 to $600. Councilman Gellert suggested canceling the appraisal regarding Broodacres since the MOTION: property was no longer available. A MOTION WAS THEREFORE MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, TO CANCEL THE APPRAISAL FOR BROOKACRES. MOTION CARRIED. Councilman Gellert stated he had had the opportunity to see some films taken based on the 201, Study being done for the Kitsap Peninsula regarding the flow of sewage into Puget Sound. He said it had been an interesting film and if the Council were interested in seeing it he could arrange for it to be shown at a work meeting. The Council: -did express interest and Councilman Gellert will try to.arrange it for the meeting of June 29 or another time if that date is not available. The question came up as to whether a schedule had been set for the secondary sewer treatment public hearing. City Engineer Leif Larson said it is being rescheduled, that the hearing will be to inform the public as to what is being studied in connection with the 201 money for the City of Edmonds and to solicit public input and as the study progresses there will be additional meetings. He said we are doing flow studies and infiltration of sewage system studies. Councilman Gellert brought up the Haines property appraisal again and suggested that it would .. be appropriate to ask the appraiser to expedite the appraisal so it can be considered in the park bond issue. CORRESPONDENCE A letter had -been received from Mr. and Mrs. Delbert Johnson, also signed by several of their neigh- bors, regarding the truck traffic going from 196th Street into Edmonds and the accident on May 10 when a truck lost its load. The letter asked for action as to rerouting heavy truck traffic. •