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19761123 City Council MinutesNovember 23, 1976 (Continued) 11� • PRESENT (Continued) Tom Carns Mike Herb MOTION: CONSENT AGENDA (7:40 p.m.) STAFF PRESENT Lila'Crosby, Finance Director Irene Varney Morgan, City Clerk Marlo Foster, Police Chief John Wallace, City Attorney Jackie Parrett, Deputy City Clerk A MOTION WAS MADE BY COUNCILMAN.CARNS, SECONDED BY COUNCILMAN ANDERSON, TO APPROVE- THE CONSENT AGENDA. MOTION CARRIED. The Consent Agenda contained only the Minutes of November 16, 1976. COUNCIL PARTICIPATION (7:41 p.m.) Councilman Carns said HUD block grant proposals would be studied at next week's work meeting and he had received several telephone calls representing different interests. He asked the Council to allow people to make short presentations although this will be a work meeting. Mayor.Harrison said a bid opening date of December 6 had been set last week for fire hose and MOTION: he had a request to change it to December 14: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN ANDERSON, TO AUTHORIZE -THE CALL FOR BIDS FOR 1,000 OR MORE FEET OF 31-i" HOSE ON DECEMBER 14, 1976, RATHER THAN DECEMBER 6, 1976. MOTION CARRIED. Mayor Harrison said he would like to place on the November 30 agenda a call for bids for street sweeping. He said it is important to get it on an early agenda as we participate with Lynnwood. Councilman Gellert asked for a report on the program, and M.A.A. Herb Gilbo said the Public Works Department will prepare a report on what has happened.in the past and with a recommendation to go out for bids. HEARING ON P.C. RESOLUTION 532 - RECOMMENDING APPROVAL OF PROPOSED AMENDMENT TO SEC. 12.12.140 • OF ZONING CODE TO CHANGE DEFINITION OF MOTEL, MOTOR HOTEL, AND HOTEL (FILE ZO-16-76) (7:48 p.m.) City Planner Joe Wallis said this had been heard before the Planning Commission on October 13, 1976, and was brought to the Council because there had been a project proposed,in._.the..:City. There had been some difficulty in determining whether or not the proposed project qual,i:,f_ie.d,as a hotel/motel or as an apartment building, the major difficulty being in parking. He said the principal qualifying factors were maximum.area of 360 sq. ft.. and one sleeping unit. The public portion of the hearing was opened. Howard Olds who is financing a new motel in Lynnwood did not think the Council should establish restrictions unless there was a proposal coming in.. It was pointed'out that once a proposal is in, it is difficult to establish restrictions. Councilman Gellert felt parking should be addressed directly, rather than basing it on sleeping spaces. There was,a-lengthy discussion and Mr. Wallis said the purpose of the proposal -was to ascertain what the parking should.be for those borderline cases where it is difficult to define a.motelr as opposed to an apartment.' The public MOTION: hearing was closed. A MOTION WAS MADE BY COUNCILMAN CARNS,.SECONDED BY COUNCILMAN GELLERT, THAT P.C. RESOLUTION 532 BE REMANDED BACK TO THE CITY PLANNER AND THE PLANNING COMMISSION TO STUDY THE DEFINITIONS OF HOTEL AND MOTEL IN OTHER CITIES IN WASHINGTON AND ALSO TO GETINPUT FROM THE MOTEL INDUSTRY BEFORE BRINGING IT BACK TO -THE COUNCIL. MOTION..CARRIED, WITH COUNCILMAN CLEMENT VOTING NO. HEARING ON P.C. RESOLUTION 533 - RECOMMENDING APPROVAL OF,FINAL DRAFT OF EDMONDS SIGN CODE (FILE ZO-9-76) (8:10 p.m.) Mr. Wallis said this matter was referred to the Planning Commission and Amenities Design Board for study after a joint meeting of the City Council and Amenities Design Board. ..There had been an indication.that a lot of time is taken up with signs and that there was a'need to modify the sign code. There also had been complaints by sign suppliers that many of the requirements of the Amenities Design Board were in requirements of the sign code. Mr. Wallis said present nonconforming signs must conform not later than.August of 1979,-so.it is necessary to update the code prior to that date. He said the Planning,Commission and Amenities Design Board had reviewed it. Mr. Wallis • said that in the Planning Commission action they were guided a good deal by the Comprehensive Policy Plan which specifically addresses some signing issues. He identified six..general.,categories of signs and gave the recommendations.for each. He then showed slides of various.types of signs. He noted that if new signs would be in conformance with the code, they would not have to go before the Amenities Design Board. The public portion of the hearing was then opened. Howard Olds expressed the opinion that signage on Highway 99 should not have the.same requirements as that in the downtown area of Edmonds. Tom Berry of 8432 Olympic View Drive asked whether the new code would be enforced because if it is not enforced it penalizes the -businessman who tries to live within the law. Mayor Harrison replied that, if passed, it would be enforced by the administration. Mr. Berry also.felt that the ordinance should indicate that..at the end of the amortization period the nonconforming sign would be removed at the expense of the owner. Several people felt there had not been proper notification to business people regarding.the hearings..on..the.sign ordinance. Councilman Carns pointed out that when the Planning Commission held its hearings there was publicity in both local newspapers, but no one was present at the hearings to provide input. Councilman Gellert.noted that people are counting on the fact that an emotional appeal to the Council will override anyth�htg the Planning Commission says. He said that is a dangerous assumption to make, that the findings of the Planning Commission are extremely important.- John Carlson, a real estate agent located on Highway 99, said Edmonds is unique and the downtown atmosphere should be protected, and that this sign ordinance was fine for it. He said, however, on Highway 99 it is unfair to put the same restrictions on signage-. Celia Anderson of the Business Advertising Council of Washing- ton said her organization wants to be included in all signage legislation. She took issue with most items in the ordinance, proceeding item by item. Because of the length of her comments, Mayor Harrison said he would have to -limit each presentation in order to give everyone an opportunity to speak. Bill Fritz, also of. the Business Advertising Council of Washington, protested the ruling on the basis of appearance of fairness. City Attorney John Wallace advised this would.not be in violation of the appearance of fairness doctrine, as the purpose is to give every person an opportunity to speak. Several people offered their allotted time to Ms. Anderson, but she took -so -much -time that other 12 • members of the audience present for other items on the agenda asked that this item be continued to another date. Councilman Carns suggested that this issue start where it should --at the Planning Commission, and that it be remanded back to them with a suggested hearing date of January 26. The City Attorney advised that the Council could, based on what they had heard, take action to remand the item to the Planning Commission with the instructions that they set it for hearing on a specific date, which would provide .notice to all present this evening. He said they should be instructed to reinitiate hearings on the matter to get input, especially from the sign industry people. The public hearing was closed. MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GELLERT, THAT P.C. RESOLUTION 533 BE REMANDED TO THE PLANNING COMMISSION TO SET A NEW HEARING DATE OF JANUARY 26, 1977 AND THAT IT BE THE ONLY ITEM ON THE AGENDA FOR -THAT MEETING, AND THAT THOSE PEOPLE EXPRESSING AN INTEREST THIS EVENING BE APPRISED AND BE GIVEN A COPY OF THE PROPOSED -ORDINANCE. MOTION CARRIED, WITH COUNCIL- MEN CLEMENT AND HERB VOTING NO. Councilman Clement said he would like to see it continued in front of the Council. Councilman Herb had found problems with the ordinance, saying he felt restrictions should be reasonable, and some were but many were not. A sign-up sheet was provided for members of the audience to indicate their interest in being notified. A short recess was announced. Following the recess, the Planning Commission hearing date was restated. CLARIFICATION OF TRANSCRIPT ON DENIAL OF CITY OF EDMONDS ORDINANCE #1840, SPEED LIMITS ON SR 524 BY STATE HIGHWAY COMMISSION (9:45 p.m.) City Engineer Leif Larson said the ordinance passed by the City was subject to the Highway Com- mission's approval. The Highway Commission had denied approval, and District Engineer W. C. Bogart was present to clarify that decision. Mr. Bogar.tsaid that this was an old issue, and after this ordinance was passed they did some speed checks, determining that the 85 percentile speed averaged 41-44 mph. He said they felt it was unrealistic to lower it to 30 mph when 35 mph was not enforce- able. Mr. Larson added that a truck route would have to be designated by both Edmonds and Lynnwood, and the Lynnwood City Council did not concur with the Edmonds recommendation of a truck route. They did agree to allow advisory signing to indicate the Edmonds.truck route, provided the State Highway Department provided and maintained the signs. Mr. Bogart said they had agreed to install the signs on Highway 99 and that would be accomplished around the middle of December. He felt that might reduce the truck volume. He said speed checks were taken again and he was prepared to discuss them. Councilman Gellert called his attention to the transcript of the meeting denying the ordinance and pointed out that there was no motion to deny. Mr. Bogart explained that the staff's understanding was that there was the intent to deny. He said their main concern is that they establish speed limits that are realistic and enforceable. His traffic engineer briefly reviewed the analysis and said it indicated the speed should be 40 mph. He said people will drive at what is comfortable for them. He recommended it stay'at 35 mph. It was pointed out that the pedestrian traffic did not appear to be considered in this analysis, but the traffic engineer said pedestrian traffic is con- sidered. A discussion followed regarding effects of lowering the speed limit. Police Chief Foster felt a reduction of 5 miles in the speed limit would also lower driving speeds by that amount. He w said it would be more enforceable if the speed were reduced and it was also compatible with some other arterials in the City. Councilman Gellert restated his feeling that a motion to deny was w never made and that the motion to renegotiate referred to the speed limit as well as the State Route. Several people in the audience spoke in favor of reducing and enforcing the speed limit on 196th. It was also suggested a 3-way stop at Puget Way and Olympic View Drive Would be helpful in slowing traffic. City Engineer Larson suggested it might be beneficial for his staff to review with Mr. Bogart's staff the past records on this area to see how it might be best presented to the Highway Commission. Mr. Bogart said they would be willing to go over the data and see if they can MOTION: support a change. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN ANDERSON, THAT JANUARY 11 BE SET FOR A REPORT FROM THE POLICE CHIEF AND THE CITY ENGINEER REGARDING SPEED LIMITS ON SR 524 AND DISCUSSIONS WITH THE HIGHWAY DEPARTMENT, AND THAT THE HIGHWAY DEPARTMENT REPRESENTATIVES BE INVITED BACK IF THEY SO DESIRE. MOTION CARRIED. Councilman Gould noted that winter driving weather was approaching and that the Police Department should be asked to ri:gidly enforce the speed limits. He said if more personnel are needed for this, the problem should be addressed at budget time. The problem of ferry traffic was brought up, but Mr. Larson said that when the ferry was on MOTION: strike there was an insignificant change in traffic counts. A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CLEMENT, THAT THE HIGHWAY DEPARTMENT AND HIGHWAY COMMISSION BE OFFICIALLY NOTIFIED OF THE CITY'S DESIRE TO HAVE EASTBOUND TRUCK TRAFFIC SIGNED SO AS TO USE SR 104. MOTION CARRIED. STAFF TO FURNISH TRAFFIC COUNTS, ETC.,-RELATIVE.TO POSSIBILITY OF COUNCIL REAFFIRMING PREVIOUS STAND ON 196TH PROJECT (10:45 p.m.) City Engineer Leif Larson said the City had prepared some design concepts over a year ago for various portions of 196th St. Presentations were made at local meetings to get citizen input. He said that as a result of those meetings the Council selected certain concepts. He reviewed the concepts and said that .the Highway Department had different concepts, which he also reviewed. Budgetary problems of the Highway Department precluded going forward, but consideration will now be given in the 1977-79 biennium. Mr. Bogart said their original concept was that the agreement was that the City would do the designs and administer the contract and it would be a continuation of the UAB arterial program, but this did not materialize. He said the primary differences between the concepts of the City and those of the State are that they feel if they are going to make an investment in curbs, gutters, and sidewalks it should be done in such a manner as to allow flexi- bility for future traffic problems. He then reviewed the proposal. A discussion followed. Wes Brock of 9th Ave. N. and Hindley Lane complained that more and more improvement was causing more run-off and it is impacting a stream on his property. It was noted that Shell Creek is also .affected. A question was raised concerning a third lane going over the hill, and Mr. Bogart said this was intended for passing slow moving vehicles such as recreational vehicles. He said the project is broken into three separate projects and is not yet fully funded. Natalie Shippen said she hoped the Council would reaffirm the plan they spent a number of years drafting, and also that MOTION: they would ask for an environmental impact statement. A MOTION WAS MADE BY COUNCILMAN GELLERT, 1 1 is 1 SECONDED, BY COUNCILMAN CARNS, THAT THE HIGHEST'PRIORITY SECTION OF SR 524, OF THE UNFINISHED * SECTION IN EDMONDS, IS THE SECTION FROM 12TH TO MAIN STREET AS DESCRIBED IN THE HIGHWAY DEPARTMENT'S PLAN, AND THAT THE DESIGN SHOULD INCLUDE BUS PULLOUTS IN -ACCORDANCE WITH STATE HIGHWAY DESIGN, BUT MOTION: SUBJECT TO CITY COUNCIL APPROVAL. °'MOTION CARRIED,. WITH COUNCILMAN GOULD VOTING NO. A MOTION WAS THEN MADE -..,BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, THAT THE SECOND MOST IMPORTANT SECTION OF SR 524'BE THE.AREA OF 81ST-88TH WITH SIDEWALKS, CURBS, AND GUTTERS ON BOTH SIDES AND 44' OF PAVING AND THAT MOTION: THE 44' OF PAVING BE THREE LANES. MOTION CARRIED,WITH�`COUNCILMAN ANDERSON VOTING NO. A MOTION WAS MADE BY COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN HERB, -THAT THE SECTION OF SR 524 BETWEEN 12TH AND 88TH W. BE CONSIDERED THE CITY'S THIRD PRIORITY AND THAT THE.CITY'S PREFERENCE FOR THE DESIGN OF THAT SECTION OF THE HIGHWAY BE THAT IT REMAIN AS IS WITH RESURFACING AND A MINIMUM SIDEWALK AS OTHER DESIGN IMPROVEMENTS. MOTION CARRIED,WITH:COUNCILMAN.CARNS VOTING NO. 1977 JOINT PRISONER DETENTION AGREEMENT WITH CITY OF LYNNWOOD (12:00 p.m.) - Police Chief Marlo Foster said this is an annual renewal and the -only change is a substantial increase in fees which was known to be forthcoming. His memorandum to the Council. had reviewed that. He said MOTION: he recommended approval.of the agreement. A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CARNS, THAT THE 1977 JOINT PRISONER DETENTION AGREEMENT WITH THE CITY OF LYNNWOOD BE APPROVED. MOTION CARRIED. REPORT ON BIDS OPENED NOVEMBER 18 FOR ASPHALT PAVING AT SENIOR CENTER PARKING LOT (12:03 p.m.) City Engineer Leif Larson reported the bids had been opened November 18 and he had distributed a memo indicating the bidding. He recommended award to Associated Sand & Gravel -Co., Inc.., the low bidder, MOTION: in the amount of $7,414.80, excluding sales tax. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN-ANDERSON,-TO AWARD'THE CONTRACT TO ASSOCIATED SAND &,GRAVEL.CO., INC. IN THE'AMOUNT OF $7,414.80, EXCLUDING SALES TAX. MOTION CARRIED. • DISCUSSION ON LIBERTY CABLE TV REBATE (12.04 p.m.) C� City Engineer Larson.had distributed letters from Liberty.TV Cable and -from the Federal Communications Commission to brief the Council. He said Liberty TV does a check for the FCC and they will be doing one again in December. Councilman Gellert said.he thought they were mjsled by Liberty TV as -to what to expect in the way of improvements. He said the reception at the microwave station is not and will not be good in the foreseeable future. APPROVAL OF FINAL PLAT - ".VIEW CREEK ESTATES" (12:09 p.m.) Ci.ty Engineer Leif Larson had distributed a memorandum reviewing the background of this plat and he MOTION: attached a drawing of the final plat design. He recommended approval. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN ANDERSON, THAT THE FINAL PLAT OF "VIEW CREEK ESTATES" BE APPROVED. MOTION CARRIED. There was no further business to come before the Council, and the meeting was adjourned at 12:10 p.m. IRENE VARNEY M RAN, Ci Clerk November 30, 1976 H. H. HAR ISON, Mayor The regular meeting of the Edmonds City Council was called to order at 7:35 p.m. by Mayor.Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT - Harve Harrison, Ray Gould Phil Clement Max Gellert John Nordquist Robert Anderson Tom Car_ns Mike Herb 1 CONSENT AGENDA STAFF PRESENT Mayor J. Herb Gilbo, M.A.A. Leif.Larson, City Engineer Irene Varney Moran, City Clerk Ron Whaley, Public Works Director Rod Ga.rretson, Park Planning & Rec. Director Jack Cooper, Fire Chief Noelle Charleson, Asst. City Planner John Wallace, City Attorney Jackie Parrett, Deputy.City Clerk (7:36 p.m.) The only item on the Consent Agenda was the minutes of the meeting of November 23. Councilman Clement said he questioned the essence of the motion concerning the section of SR 524 between 12th and Main Sts. He thought the intention was.to.say, that was the highest priority and that the plan the Council was endorsing was the one which was in accordance with the City's original submission and their submission, which were exactly the same -36' wide and sidewalks.on both sides. He said the motion read that the Council was supporting the Highway Department.'s24' wide, two lane proposal, which they made that evening. and which was a new proposal. Councilman Gellert, who had made the motion, said he felt there should * See November 30 minutes for amendment. •