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19780620 City Council Minutes38 June 12, 1978 - continued • DATES INDICATED: EDMONDS ELEMENTARY SCHOOL, SEPTEMBER 19, 1978; WATERFRONT, SEPTEMBER 26, 1978; MAIN ST. UNDERGROUNDING, NOVEMBER 7, 1978; PARKING PLAN --OTHER TRANSPORTATION, OCTOBER 17, 1978; AND CONTROL OF ENVIRONMENTALLY SENSITIVE AREAS, OCTOBER 24, 1978. MOTION CARRIED. Discussion. papers with Staff input will be provided to the Council members prior to each discussion date. There was no further business to come before the.Council, and the meeting was adjourned at 9:00 p.m. IRENE VARNEY MORAN, I Y CLERK HARVE H. HARRISON, MAYOR June 20, 1978 The regular meeting of the Edmonds City Council was called to order at 8:55 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Harve Harrison, Mayor Ray Gould Charles Dibble, M.A.A. • Phil Clement Larry Naughten Leif Larson, Public Works Director Katherine Allen John LaTourelle, Community Develop Dir. Mike Herb Irene Varney Moran, City Clerk John Nordquist Marlo Foster, Police Chief Tom Carns Noelle Charleson, Asst. City Planner Jim Murphy, City Attorney Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk Mayor Harrison presented a plaque to Police Reserve Officer Gene Turnbull to commemorate his retirement after 20 years as a reserve officer. He is the only Police Reserve Officer who has completed 20 years of service. CONSENT AGENDA MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE ALL OF THE CONSENT AGENDA ITEMS EXCEPT ITEMS (C), (J), AND (K). MOTION CARRIED. Items approved on the Consent Agenda were: (A) Roll call. (B) Approval of Minutes of June 12, 1978. (D) Authorization to open bids July 11 for Third Ave. Sewers, LID 204. (E) Acceptance of Quit Claim Deed for right-of-way dedication in conjunction with short subdivision. (MacPherson's, Inc.) (S-1-78) (F) Adoption of Ordinance 2000, amending Sign Ordinance. (G) Adoption of Ordinance 2001, vacating portion of turnaround on 82nd, south of 200th. • (H) Adoption of Ordinance 2002, vacating excess right-of-way on 196th, adjacent to Lot 5,. Cassell's Addition. (I) Approval of annual "Chicken-Q" at City Park. SET DATE FOR HEARING, 201 FACILITIES PLAN STUDY [Item (C) on Consent Agenda] The date originally suggested for this hearing was July 18, 1978 but because of the 30-day notice requirement Public Works Director Leif Larson amended the suggested date to July 25, 1978, saying it would cause no delay in the schedule for completing the final report. COUNCILMAN MOTION: CARNS MOVED, SECONDED BY COUNCILMAN NORDQUIST,.TO SET JULY 25, 1978 FOR HEARING OF THE 201 FACILITIES PLAN STUDY. MOTION CARRIED. PURCHASE OF IBM MEMORY TYPEWRITER [Item (J) on Consent Agenda] Councilman Carns made several inquiries about this proposed purchase. The interest rate on the 36-month payment proposal would be 6%. He questioned whether a maintenance agreement at $28 per month was a wise decision. Donna Greenfield, who has operated the machines in the present word processing system, responded that there is a lot of down time on the machine because of its MOTION: complexity and she felt,the maintenance agreement would be advisable. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO APPROVE ITEM (J) ON THE CONSENT AGENDA. MOTION CARRIED. CIVIL SERVICE ORDINANCE AMENDMENTS [Item (K) on Consent Agenda] With reference to Section (b)(2) permitting the Commission to reduce from 12 months to 6 months the probationary period for promoted employees, Councilman Carns asked why the period was reduced. M.A.A. Charles Dibble responded that 12 months was not needed and that a person should -not have u 2 3 • June 20,.1978— continued to be on probation for 12 months. He said that the period was changed by mistake last year to 12 months, but 12 months is not needed to evaluate a person's performance. COUNCILMAN CARNS THEN MOTION: MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE ITEM (K) ON THE CONSENT AGENDA. MOTION CARRIED. With regard to Item (F) on the Consent Agenda, amendment to the Sign. Ordinance, City Attorney Jim Murphy advised that there had been a one -word change in the amendment. The draft had indicated the ADB would establish the number and type of signs to be permitted, and the final document stated it would approve_ the number and type of signs to be permitted. There was no objection to this change. COUNCIL Councilman Nordquist reported that a meeting had been held last week regarding the traffic problem with regards to children crossing at 236th and Edmonds Way to go to Madrona Junior High School. He said children have to practically run through the cars, even in the crosswalk, to get across the street. The State Highway Department has indicated a traffic signal cannot be installed there because the criteria to justify a signal call; for traffic on the cross street to be 150 cars per hour even when the main street has 800 per.hour,. There is a supplemental rule which states it possibly can be done with 75 cars per hour on the cross street if there are 9.00 cars per hour on the main street, but at present Edmonds Way has 900 cars per hour for only four hours a day. Councilman Nordquist suggested that the State legislators be asked for help in this matter by changing their criteria. He said Senator Gould had been at this meeting but he felt other legislators also should be contacted. MOTION: A MOTION WAS THEN MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS, THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT A RESOLUTION TO ASK THE STATE LEGISLATORS TO DO WHATEVER IS POSSIBLE TO MAKE FUNDS AVAILABLE FOR A TRAFFIC SIGNAL AT THE INTERSECTION OF 236TH ST. S.W. AND EDMONDS WAY AND TO REVISE THE RULES THAT.REGULATE PROVISION OF A SIGNAL AT THAT INTERSECTION. Councilman Carns added that legislators of the 1st District as well,as the 21st District should be contacted in this regard. • THE MOTION CARRIED. Councilman Carns announced that at the Association of Washington Cities convention last week Mayor Harrison had been reelected to the Board of Directors. Councilman Carns noted that the Mayor's reelection gave the City of Edmonds a certain amount of prestige in the State. Councilwoman Allen noted that a memorandum had been received from the Public Works Director -indicating no bids had been received for the sewers in the vicinity of 180th and 72nd. He indicated there was nothing unusual about this area which would cause the contractors not to bid, but that the lack of bids was an indication of the intense activity in the construction trades at this time. He recommended that the project be readvertised in the hopes of attracting other contractors or those finishing existing jobs. He recommended authorization of a second bid opening date of July 11. COUNCILWOMAN MOTION: ALLEN MOVED, SECONDED BY COUNCILMAN CARNS, THAT A SECOND BID OPENING DATE OF JULY 11, 1978 BE AUTHOR- IZED FOR LID 203, SEWERS IN VICINITY OF 180TH AND 72ND. MOTION CARRIED. Councilwoman Allen noted that two more donations had been received for safety floats at the Edmonds Underwater Park. U.S. Divers (equipment manufacturing and distribution organizations) and Washington State Chapter of Professional Association of Diving Instructors each contributed $500. Councilwoman Allen noted that these people had been in earnest regardi'ng.their concerns for the park, and she appre- ciated that. Councilman Carns referred to a letter from Helga Byhre and said he hoped the Police and Fire Depart- ments had an opportunity to read the letter. The letter referred to a recent article in the Enterprise which indicated the Edmonds firefighters and police had rejected a physical fitness test proposed by the.City. Ms. Byhre indicated she is 51 years old and had accomplished most of -the exercises in less than the time indicated on the test. MAYOR J • Mayor Harrison announced that the City of Edmonds Public Works, -Water Division had recently been awarded second place in a public relations contest at the conference of the Pacific Northwest Section of the American Water Works Association. The City's entry, as well as*the plaque.it received, is displayed in the Civic Center lobby. Mayor Harrison noted that a revised Lake Ballinger Rehabilitation Agreement had been received with some suggested changes which would increase Edmonds' participation from $13,440 to $13,549. Mayor Harrison noted that at the May 23 meeting Councilman Nordquist had indicated that the Nile Temple may be considering some major plans on the grounds adjacent to Lake Ballinger. Public Works Director Leif Larson had contacted Leigh Chatterson, Recorder for the Nile Temple, who stated that plans had not yet been formulated. Councilman Nordquist said he had received a letter from the Nile Temple Potentate who also said they had no plans at present but that when they annex they would like to talk to the City of Edmonds. Mayor Harrison again advised the Council of the quarterly meeting of the Association of Snohomish County Cities and Towns on June 29, 1978 at 6:30 p.m., at Petosa's Restaurant in Monroe. Mayor Harrison announced that the Council had received an appeal of an Amenities Design Board Decision on file ADB-37-78; Magne Hagen, applicant; Citizens opposed to Magne Hagen's 12-Unit Condominium MOTION: Project, applellants. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO SET FOR PUBLIC HEARING JULY 25, 1978 THE APPEAL OF THE ADB DECISION ON FILE ADB-37-78. MOTION CARRIED. AUDIENCE Jane Cunningham of 1030 Grandview asked that the City Code be changed to require notification by postcard to abutting neighbors of ADB applicants. She felt she should have been present at recent ADB meetings when her neighbor had an application before the Board. Community Development Director 240 June 20, 1978 - continued • MOTION: MOTION: MOTION: John LaTourelle responded that actions going before the ADB are not connected with permit -issuing activities per se, but they are evalutated by a professional group of people on design. He said the Board does not hear public testimony but evaluates the application professionally. He said his department did not think it was necessary to notify neighbors as if it were a public hearing, considering the professionalism of the Board. Any change in the Code on this matter would have to go through the Planning Commission. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN CLEMENT, TO PLACE ON THE AUGUST 8, 1978 COUNCIL AGENDA A DISCUSSION REGARDING WHETHER THE COUNCIL WANTS TO SEND THROUGH THE .PLANNING COMMISSION A PROPOSAL TO CONSIDER WHETHER TO REQUIRE NOTIFICATION , TO ABUTTING NEIGHBORS REGARDING ADB APPLICATIONS. MOTION CARRIED. PROGRESS REPORT FROM LIBERTY TV CABLE, INC. Bob Watson, Chief Engineer for Liberty TV Cable, reported that 3,500' of cable had been installed this month. He said an outside contractor had been engaged to do some of the aerial construction. Although the amount of cable installed this month was considerably less than in previous months, Mr. Wilcox expected to be through their Phase II and Phase I.I;Iby the next report. HEARING ON P.C. RESOLUTION 593, RECOMMENDING APPROVAL OF PROPOSED AMENDMENT TO ZONING CODE TO AMEND SETBACK REQUIREMENTS FOR CORNER LOTS AND FOR ACCESSORY STRUCTURES, AND AMENDING THE DEFINI- TIONS OF "CORNER LOT" AND "FRONT YARD" (ZO-1-78) Assistant City Planner Noelle Charleson said this proposal was to allow a property with two front yard setbacks to have two side yard setbacks rather than impose a rear yard setback on it. She demonstrated that the buildable area of the lot is substantially reduced on small lots the way the Code presently reads. The proposal would eliminate the rear yard setback requirement for corner lots and would permit two side yard setbacks. The amendment also would allow accessory buildings to be within 5' of the rear property line. The intent also was to reduce processing time by eliminating review by the Board of Adjustment on garages requested to be 5' from the property • line, and the Staff would determine whether there is enough backout area to permit location 5' from the property line. Ms. Charleson indicated this proposal woul.d not have any substantial adverse environmental impact, the only impact being one of aesthetics in that the position of the building is changed to some extent. She said this proposal would give some flexibility to owners of corner lots, and she recommended approval. The public portion of the hearing was opened. Jane Cunningham of 1030 Grandview asked if this proposal would.be applicable only in the RS districts. City Attorney Jim Murphy responded that if you put an RS development in another zone then the RS regulations go with it so if a single family dwelling were built in another district they would have to comply with the RS setbacks. The public portion of the hearing was then closed. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO ADOPT ORDINANCE 2004 PURSUANT TO P.C. RESOLUTION 593. Councilman Clement did not see that the public would benefit from this proposal. THE MOTION CARRIED, WITH COUNCILMAN CLEMENT VOTING'NO. HEARING ON P.C. RESOLUTION 594, RECOMMENDING ADOPTION OF A PROPOSED AMENDMENT TO ZONING CODE TO CHANGE THE DENSITY COMPUTATION FOR JOINT RESIDENTIAL AND COMMERCIAL USE BUILDINGS IN THE BN, BC, AND CW ZONES (ZO-4-78) Assistant City Planner Noelle Charleson indicated that the originally proposed 1500 sq. ft. of commercial space formula which was to be used in computing density in joint residential/commercial use buildings had proven to be unrealistic. The new proposal was that the density be according to the RM density established in the Zoning Code. The building should comply with the bulk and dimensional requirements of the underlying commercial zone. The wording on the density computa- tion for BN zones had been altered inadvertently when the ordinance was prepared, changing the meaning slightly. The proposal would remedy this by requiring that each lot contain 6,000 sq. ft. instead of one unit being permitted per 6,000 sq. ft. Ms. Charleson did not anticipate any. negative environmental impacts from these changes. She recommended approval. The public portion of the hearing was opened. • Jane Cunningham of 1030 Grandview felt that this proposal would increase bulk of buildings and decrease air space. She felt if the residential use on an upper story were not permitted and commercial use were required for that area, then more parking would be required, leaving more air space. It was pointed out to -her that additional parking, on the other hand, would cause additional paving which is not considered beneficial, and that even though bulk might possibly be increased it would not be increased to more than is allowed anyway. Ms. Charleson added that parking requirements for a single family building in the BN zone are the same as in RS districts. Community Development Director John LaTourelle said he felt the parking requirements in the BN zones generally were excessive and he thought this might be a good time to drop the requirement for additional parking -for the residential use i.n a joint residential/commercial development in the BN zone. He noted that'the parking in the Westgate BN area is very substantial and is never fully utilized. This was generally discussed, and then the public hearing was closed. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN HERB, TO ADOPT ORDINANCE 2005 PURSUANT TO P.C. RESOLUTION 594. Councilman Clement said that one of the impressions he had gotten was that an ordinance was being tailored to an individual development. Mr. LaTourelle responded that this process had been started before Don VanDriel had presented any of his plans. THE MOTION THEN CARRIED. HEARING ON P.C. RESOLUTION 595, RECOMMENDING ADOPTION OF A PROPOSED AMENDMENT TO OFFICIAL ZONING MAP TO REZONE PROPERTY LOCATED 260' WEST OF HIGHWAY 99, NORTH OF 228TH S.W., FROM RML TO BN (R-3-78) Assistant City Planner Noelle Charleson said the property located east of this site is zoned CG, with BN to the north, and RS to the west. She called attention to the topography on 228th St., noting that the natural topography creates a barrier between the subject property and the adjacent RS usds. She said it would be difficult to buffer this site from the uses to the east and the highway. She also felt some landscaping could be obtained with BN zoning which would not be if it developed as apartments. The site already is asphalted, having been used as a parking lot. 244, • June.20, 1978 - continued She showed slides of the site. She reviewed the rezone criteria, noting that the use did conform with the Comprehensive -Plan and that it already had been utilized partially in commercial uses as the Comprehensive Plan shows for Highway 99. No substantial changes had occurred in the area. Regarding gain to the public, she said the public will get a better project because there will be more space and flexibility, rather than trying to squeeze in a building. She did not feel the RM zoning was appropriate for this site because of the lack of buffering between any proposed residences and the business uses. The only environmental impact which she thought might occur was that of traffic, and she felt the traffic from -a small business could be much less than that from an apart- ment complex. She did not believe there would be any negative environmental impacts. She recommended approval because she felt BN would be a much more appropriate zoning on this area than RML. The public portion of the hearing was opened, no one wished to speak, and the public portion was closed. Councilman Carns said he lives a few blocks from this property and he felt the rezone was well founded. MOTION: COUNCILMAN CARNS MOVED TO ADOPT ORDINANCE 2006, PURSUANT TO P.C. RESOLUTION 595, BECAUSE IT DOES CONFORM WITH THE COMPREHENSIVE PLAN, IT IS COMPATIBLE WITH THE EXISTING LAND USE, BECAUSE HE BELIEVED THERE WOULD BE A GAIN TO THE GENERAL PUBLIC, AND BECAUSE HE FELT THE BN ZONING WAS MORE APPROPRIATE THAN THE RML ZONING: COUNCILMAN NORDQUIST SECONDED THE MOTION, FOR THE SAME REASONS. MOTION CARRIED. DISCUSSION ON PETITION FOR "DUCK CROSSING" ON 76TH, VICINITY OF BALLINGER 7-11 STORE Public Works Director Leif Larson said one of the.problems in this matter was that people are feeding the ducks on the west side of 76th. He said there had been a marsh on the west side but the natural habitat now for the ducks is on the east side and if the people would feed them on that side they would stop crossing 76th. He felt that should be the objective. In the meantime, he displayed a sample of a duck crossing sign which could be used temporarily, in the hopes that the people's and the ducks' habits would be changed. It was his opinion that the ducks should be fed only in the area of the lake. Councilman:.Nordquist, who lives in that area, said he did not mind the sign going south • gut going north it would be a real traffic hazard because there is a dangerous corner there. Councilman Carns, who also lives in that area, said that although his wife had written a letter to the Council favoring the sign, he was not in favor of it, and he really felt if the people would stop feeding the ducks the ducks would stop crossing there. He felt that as long as -the sign was there the people would be encouraged to feed the ducks on the west side and he thought it would result in more ducks being killed. Mayor Harrison thought the sign would tend to slow down the traffic. Councilman Carns added that he -patronizes that 7-11 store frequently and he had never seen ducks there. Councilman Clement commented that the City Attorney had suggested the sign be somewhat modified as the wording on the sign would lend itself to unwelcome graffiti. He suggested that.the picture of MOTION: the duck remain on the sign with the "crossing" indicati.6n below it. OCUNCILWOMAN ALLEN THEN MOVED, SECONDED BY COUNCILMAN CLEMENT, THAT THE DUCK CROSSING SIGN BE INSTALLED WITH THE ELIMINATION OF THE WORD "DUCK. Councilman Herb said he would abstain from voting because he had never seen the ducks there. THERE WAS A TIE VOTE; WITH COUNCIL MEMBERS ALLEN AND CLEMENT VOTING YES, AND COUNCIL MEMBERS NORDQUIST AND CARNS VOTING NO. MAYOR HARRISON VOTED YES TO BREAK THE TIE. There was no further business to come before the Council, and the meeting was adjourned at 10:30 p.m. Z/ IREtE VARNEY MORAN, ITY CLERK June 27, 1978 HARVE H. HARRISON, MAYOR The.regular meeting of the Edmonds City Council was called to order at 7:40 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Harve Harrison, Mayor John Nordquist Charles Dibble, M.A.A. Phil Clement Larry Naughten Leif Larson, Public Works Director Katherine Allen John LaTourelle, Community Development Director Mike Herb Noelle Charleson, Assistant City Planner Ray Gould Irene Varney Moran, City.Clerk Tom Carns Lila Crosby, Administrative Services Director Art Housler, Finance Director Marlo Foster, Police Chief . Jack-Weinz, Acting Fire Chief Jim Murphy, City Attorney Wayne Tanaka, City Attorney Jackie Parrett, Deputy City.Clerk CONSENT AGENDA MOTION: Councilman Clement asked that Item (J) be removed from the Consent Agenda. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The balance of the Consent Agenda contained the following: A (A) Roll call. (B) Approval of Minutes of June 20, 1978.