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19780228 City Council Minutes194 February 28, 1978 The regular meeting of the Edmonds City Council was called to order at 7:35 p.m. by Mayor Harve • Harri.son in the Council Chambers of the Edmonds Civic Center. PRESENT STAFF PRESENT Harve Harrison, Mayor Charles Dibble, M.A.A. Mike Herb Leif Larson, Public Workds Director Phil Clement John LaTourel.le, Community Development Director Katherine Allen Noelle Charleson, Assistant City Planner John Nordquist Irene Varney Moran, City Clerk Ray Gould Art Housl.er, Finance Director Tom Carns Marlo Foster, Police Chief Larry Naughten Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA Mayor Harrison announced that Item (D) on the Consent Agenda (Proposed Resolution Transferring Funds) was being deleted at the request of the Staff. Councilman Carns asked that Items. (B) and (C) be removed from the Consent Agenda, and Councilman Herb asked that Item (F) be removed. MOTION: COUNCILMAN GOULD MOVED, -SECONDED BY COUNCILMAN CARNS, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The balance of the Consent Agenda contained the following: (A) Roll call. (E) Acceptance of demolition of water tank at 9th_and Main St. by Equipment Service Co., and establishing 30-day retainage period. (G) Setting date of March 21, 1978 for hearing of P.C. Resolution 581, recommending approval of amendment to Zoning Code to extend the period in which required improvements must is be installed or bonds submitted for PRDs.. (File ZO-3=78) (H) Setting date of March 21, 1978 for hearing of P.C. Resolution 582, recommending app- roval regarding appeal procedures of Amenities Design Board. (File ZO-2-78) (I) Edmonds/Mountlake Terrace Sewer Agreement - Approval for extension of Mountlake Terrace service north of 212th St. APPROVAL OF MINUTES OF FEBRUARY 21, 1978 FItem (B) on Consennt Agenda] Councilman Carns noted that on page 2 of the minutes, at the end of the third paragraph under "COUNCIL," his intent was that ideas be presented to him for discussion at the Port Ludlow workshop, rather than at the Council/Staff luncheons as indicated. Also, on page 7 of the minutes, in the motion for progress reports from Liberty Cable TV, the date of July 18 was omitted, and that MOTION: date should be added for a progress report. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO APPROVE ITEM (B).ON THE CONSENT AGENDA, AS AMENDED. MOTION CARRIED. SET DATE FOR HEARING ON APPEAL FROM P.C. RESOLUTION 583, RECOMMENDING DENIAL OF REZONE OF PROP- ERTY LOCATED ON NORTH SIDE OF 174T,H S.W. AND EAST OF 72nd W. (FILE R-1-78 - ORNER) [Item (C) on Consent Agenda] The Community Development Department had recommended this item be heard on March 7, 1978, and Councilman Carns said if it was not urgent that it be heard on that date he would rather it be heard on another date, as the March 7 meeting is starting early and the agenda.is being kept short because of the precinct caucuses being held that night.. Community Development Director John MOTION: LaTourelle responded that it was not urgent to hear the matter on March 7. COUNCILMAN CARNS THEN MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT ITEM (C) ON THE CONSENT AGENDA BE APPROVED, SETTING THE DATE FOR HEARING AS MARCH 21, 1978. MOTION CARRIED. • ACCEPTANCE OF REHABILITATION AND EXPANSION AT SOUTH COUNTY SENIOR CENTER BY ATLAS CONSTRUCTION CO., AND ESTABLISHING 30-DAY RETAINAGE PERIOD FItem (F) on Consent Agenda] Councilman Herb asked for more detail on matters such as these. He noted that there was a ref- erence to minor deficiencies in the memorandum on this item and he asked about them. Public Works MOTION: Director Leif Larson explained the deficiencies involved. COUNCILMAN HERB THEN MOVED, SECONDED BY COUNCILMAN CARNS, TO APPROVE ITEM (F) ON THE CONSENT AGENDA. MOTION CARRIED. COUNCIL Councilman Carns announced that the Council/Staff luncheon on March 2 will be at the Meatmarket restaurant, rather than at the Fogcutter as previously announced. He said the Fogcutter did not have a suitable meeting room available, so the location was changed. MAYOR Mayor Harrison asked for authorization to execute an Interlocal Agreement for the joint accept- ance of gasoline and diesel products by Snohomish County and the City of Edmonds, by which the City would benefit because of lower prices due to bulk purchases with Snohomish County. Mayor MOTION: Harrison said this would formalize an agreement that has existed in the past. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO AUTHORIZE THE MAYOR TO EXECUTE THE INTERLOCAL AGREEMENT FOR THE JOINT ACCEPTANCE OF GASOLINE AND DIESEL PRODUCTS BY SNOHOMISH COUNTY AND THE CITY OF* EDMONDS. MOTION CARRIED. Mayor Harrison had a report from the Scuba Safety Committee. 'He said they had met several times and had concluded that the scuba drownings were the result of fatigue from the long swim to the dive site. Consequently, they had made a number` of recommendations for safety improvements; February 28, 1978 - continued 195 1 1 0 1 MOTION: 0 MOTION: 1 0) That one safety float and one rest float be established; (2) That a second safety float and rest float be established ;'At a future time; (3). Some surface marker buoys'be established, in- cluding a lighted buoy (now in existence); (4) That underwater boundary markers be established; and (5) That a new informational sign be provided. Mayor Harrison also had received a check in the amount of $950 from the North Pacific skin diving community for the construction of a diver safety float in the underwater park. William High, President of the National Association of Underwater Instructors, had sent the check and an accompanying letter, which the Mayor read. Councilman Carns noted that on March 14 the Scuba Safety Committee would be reporting to the Council, and he asked for a breakdown of the costs of those things necessary to implement the improved safety plan. HEARING ON P.C. RESOLUTION 580, RECOMMENDING APPROVAL OF AMENDMENT TO OFFICIAL STREET MAP TO REDUCE RIGHT-OF-WAY ON 196TH ST. BETWEEN 76TH AVE. AND A POINT EAST OF 81ST PL. W. (ST-13-77) Councilman Herb advised that he would not take part in this discussion as Dr. Cassell, the owner of the affected property, is.his landlord. Assistant City Planner Noelle Charleson said the proposal is to reduce the existing right-of-way basically for that portion already improved by the State Highway Department. The existing right-of=way is 90' and the Public Works Department had determined that 60' was adequate. Properties on either side of this section of 196th had not been required to have the 90' right-of-way. One section of the roadway indicated by Ms. Charleson had a slight bow and for that section 76' was required. She showed slides of the area and said she did not anticipate any significant adverse impacts from the proposal. She felt it' met the requirements of the Policy Plan, and she recommended approval. The public portion of the hearing was opened, no one wished to speak, and the public portion was closed. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN CARNS, TO ADOPT ORDINANCE 1978, PURSUANT TO P.C. RESOLUTION 580. MOTION CARRIED. REVIEW SPEED LIMIT ON 212TH FROM FIVE CORNERS TO HIGHWAY 99 Public Works Director Leif.Larson reported that the section in question had been analyzed by reviewing accident reports,'checking-spot speeds, and running a time of travel, .study. The present speed limit is 30 mph and bj raising it to 35 mph the travel time would decrease by 4%, not a significant savings in time. There are many driveways with volumes of traffic serving the apartment houses from these entrances, and the turning movements present a hazard as they interrupt the flow of traffic and present an obstruction to through vehicles. The section of road also abuts a high school with pedestrian traffic. For these reasons, the Public Works Department felt the increase in speed would present an additional hazard and would not signifi- cantly increase the traffic flow, so their recommendation was that the 30 mph speed limit be retained. Councilman gould noted that the North Star development will put an additional load of traffic on 212th; and that also should be taken into consideration. Police Chief Marlo Foster said the 30 mph is easier to enforce. He said it is difficult to write tickets for 5.•mph over the limit, and the 30 mph limit allows them to have a strict policy for 40 mph and above. Mr. Larson added that the recently marked channelization is temporary and when the final mark- ings are in, the channelization will be more clear and safer. Councilman Carns felt 35 mph was a safe speed for that.section of roadway. Discussion was opened to the public. Gordon Maxwell of 907 Alder said 212th is the main arterial he uses and he sees the traffic there at all times. He felt 212th is different from other arterials and he noted that it is obvious you cannot drive it at 35 mph at all times, but he had a general objection to speed limits and felt people have to drive at a safe speed. He felt the street is much better since the addi- tion of the channelization and the two-way left turn lane, but he felt the left turn lane is too wide and the others too narrow, and that there is room for a right turn lane also. His opinion was that the recent improvements make the additional 5 mph speed very reasonable, and he felt if the police were going to allow 35 mph it should be shown on the signs. The public discussion was then closed. COUNCILMAN�HERB MOVED, SECONDED BY COUNCILMAN CLEMENT, TO RETAIN THE 30 MPH SPEED LIMIT ON 212TH FROM FIVE CORNERS TO HIGHWAY 99,'BECAUSE HE FELT THE ARGUMENTS GIVEN FOR THAT POSITION WERE VALID. Councilman.Gould said he also supported that position becuase of the num- ber of activities on that street. THE MOTION THEN PASSED, WITH COUNCILMAN CARNS VOTING NO. REVIEW OF•SECTION 203 OF THE POLICY PLAN Planning Commission members had been invited to participate in this discussion and several were present. Couumnity Development Director .John LaTourelle reviewed the material his department had furnished. He said his department felt that one of the first tasks had to be a review of all of the City's regulations to get some kind of a feel for the relationships between them. Hez�said a system of priorities should be,established for the policies attempti-ng to be imple- mented, and a process to follow when they are against each other. He noted that when a revision is made to a small section of the Zoning Code it can be in conflict with other sections. He referred to the map of environmentally sensitive areas and said it was necessary to find a way to implement it. He felt the object of this review should be to determine what the City should do so the Policy Plan will mean something. General discussion followed, revealing no real ob- jections to Section 203. Mr. LaTourelle discussed the time it would take to bring the ordi- nances into coordination with this section of the Policy Plan. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN GOULD, THAT THE COMMUNITY DEVELOPMENT DIRECTOR PRESENT TO THE COUNCIL ON APRIL 18, 1978 A TIMETABLE FOR IMPLEMENTING THE ORDINANCES THAT WOULD COORDINATE WITH SECTION 203 OF THE POLICY PLAN. Councilman Gould noted that this may include establishing new ordinances that may be required for implementation Councilman Clement said he also would like to know Mr. LaTourelle's short-term plans, and Mr. LaTourelle said he would expect to have a substitute Zoning Code by . 1980. M.A.A. Dibble noted that some proposals should be made to solve the staffing problem the Planning Deparment faces in tackling this job, as it could not be accomplished with the present staff. THE MOTION THEN CARRIED. , a REPORT FROM STAFF REGARDING TREATMENT PLANT ENVIRONMENTAL ASSESSMENT AND SELECTION OF SITE Public Works Director Leif Larson indicated,a Draft Facility Plan was required to be submitted by February 28, 1978, including environmental assessments on the alternatives reviewed. Based is February 28, 1978 - continued MOTION: MOTION: upon the plan, including the environmental assessments, the Department of Ecology and the Environmental Protection Agency will determine the need for a full-fledged environmental impact statement and will finance the preparation of the statement if needed. Mr. Larson indicated that in view of the recent concerns expressed by the City, the Department of Ecology indicated they would grant an extension until March 14, 1978 upon receipt of a letter of request. The re- quest had been submitted, and Mr. Larson said the Council would receive a copy next week of the draft which will be submitted. PROPOSED RESOLUTION DECLARING MORATORIUM ON BUILDING PERMITS IN CW ZONE, SOUTH OF MAIN ST. At the direction of the City Council, the City Attorney had prepared a resolution declaring a moratorium on building permits in the CW zone, south of Main St. On September 5, 1978 the Council will decide on the expiration, reconsideration, and/or extension of the resolution. City Attorney Wayne Tanaka said it could be rescinded at any time, however. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN CARNS, TO PASS RESOLUTION 394, DECLARING A MORATORIUM ON BUILDING PERMITS IN THE CW ZONE, SOUTH OF MAIN ST. MOTION CARRIED. PROPOSED ORDINANCE AMENDING SECTION 1.04.010 - REGULAR MEETING TIME AND DATE OF THE CITY COUNCIL The proposed ordinance deleted the restriction frompassing ordinances or resolutions at Council work meetings. M.A.A. Dibble felt it would be more effective to include those items, which the Council had directed the City Attorney to prepare, on the Consent Agenda as is done for all meetings other than work meetings. A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN GOULD, TO.ADOPT ORDINANCE 1979, AMENDING SECTION 1.04-010 REGARDING REGULAR MEET- ING.TIMES AND DAYS OF THE CITY COUNCIL. MOTION CARRIED. There was no further business to come before the Council, and the meeting was adjourned at 10:10 P.M. Az,-C6 7/ IRENE VARNEY MORAN ITY CLERK March 7, 1978 HAR E H. HARRISON, MAYOR The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Pro tem Tom Carns in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. Mayor Harve Harrison arrived shortly after the call to order and conducted the bat- ance of the meeting. PRESENT Harve Harrison, Mayor Mike Herb Phil Clement Katherine Allen John Nordquist Ray Gould Tom Carns Larry Naughten STAFF PRESENT Charles Dibble, M.A.A. Leif Larson, Public Works Director John LaTourelle, Community Development Director Irene Varney Moran, City Clerk John Wallace, City Attorney Jackie Parrett, Deputy City Clerk 1 FJ 1 CONSENT AGENDA MOTION: Mayor Pro tem Tom Carns asked that Item (B) be removed from the Consent Agenda. A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN NAUGHTEN, TO APPROVE THE BALANCE OF THE CONSENT AGENDA.. MOTION CARRIED. The balance of the Consent Agenda contained the following: • (A) ;•.Roll :call (C) Setting date of March 21, 1978 for hearing of P.C. Resolution 584, recommending ap- proval of an amendment to the Zoning Code to allow joint residential and business use of buildings in BN, BC, and CW zones. (File ZO-8-77) (D) Adoption of Ordinance 1980, allowing the Amenities Design Board to.make interim or final decisions at special meetings of the Board. (E) Adoption of Ordinance 1981 regarding publication of ordinances. (F) Reset date to March 21, 1978 for hearing on Consideration of Exceeding Zoning Restr.i°c tions on Five Corners Water Tank Project. APPROVAL OF MINUTES OF FEBRUARY 28, 1978 [Item (B) on Consent Agenda Mayor Pro tem Tom Carns had a memorandum from Police Chief Marlo Foster requesting an amendment to the Minutes of February 28, 1978. On page 3, under the caption "REVIEW SPEED LIMIT ON 212TH FROM FIVE CORNERS TO HIGHWAY 99," in the first paragraph, the second sentence of Chief Foster's statement should read: "He said it is difficult to write tickets for 5 mph over the limit and that the increase to 35 mph would not allow a strict policy of enforcement unless the speeds MOTION: were in excess of 40 mph." A MOTION WAS MADE BY COUNCILMAN HERB; SECONDED BY COUNCILMAN NAUGHTEN, TO AMEND THE MINUTES AS -REQUESTED AND TO APPROVE THE MINUTES AS AMENDED. MOTION CARRIED. COUNCIL Mayor Pro tem Carns said he has an appointment with Bob Anderson March 15 to go over the plans for the Port Ludlow workshop, so any suggestions for the meeting should be in by next Tuesday , •