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19840320 City Council Minutesv March 20, 1984 • The regular meetin of the Edmonds City Council was called to order at 7:30 m. b Ma or Larry 9 9 Y P• Y Y Y Naughten in the Plaza Meeting Room.of the Edmonds Library. All present joined in the flag salute. PRESENT STAFF PRESENT Larry Naughten, Mayor Art Housler, Finance Director Jo -Anne Jaech Irene Varney Moran, City Clerk John Nordquist Jim Adams, City Engineer Jack Wilson Bobby Mills, Actg. Public Works Supt. Steve Dwyer Dan Prinz,. Assistant Police Chief Lloyd Ostrom Jim Jessel, Property.Manager Laura Hall Jack Weinz, Fi.re Chief Bill Kasper Pat LeMay, Personnel Director . Brian Stewart, Student Rep. Mary Lou Block, Planning Director Dale Schroeder, Engineering Coord. Mark Eames, City Attorney ?4:: Shirlie Witzel, Recorder Councilmember Nordquist spoke with concern of Kathy.Samels' absence from the Press table. He said she had suffered a stroke -like attack but thanks to immediate surgery and.medical attention she was on the road to recovery. He then passed a card among the audience and Council members to be signed by any who wished. CONSENT AGENDA Items-(D), (F), (G), .(H), and (K) were removed from the Consent Agenda. COUNCILMEMBER HALL MOVED, • SECONDED BY COUNCILMEMBER:WILSON, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the following: �A) Roll call. (B) Approval of Minutes of March 12, 1984. (C) Set date of April 3, 1984, for hearing on Appeals of.Hearing Examiner on matter of Shore- line Permit number SM-3-83, Port of Edmonds Mid -Marina expansion project, including Conditional Use Permit Number CU-58-83 and Variance Number V-17-83. (Appellant: Hertrich). (E) .Resolutions of commendation 577, 578, 579, and 580 for retiring officials Katherine Allen, Ramon J. Gould, Larry S. Naughten, and Harve H. Harrison, respectively. (I) Report on bids opened February 28, 1984, for purchase of water meters ($21,285.60). „(J) Approval of final 10-lot.plat at 18123 -_ 80th Ave. W. (Seaview Firs 2/P-8-83). 9.; (L) Authorization to contract with testing lab for Meadowdale. COUNCIL PRESIDENT JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO MOVE ITEMS (D), (G), (H), AND (K) TO FOLLOW ITEM #7 ON THE AGENDA FOR DISCUSSION. MOTION CARRIED. Council.President Jaech said Item (F), Increase Mileage Reimbursement rate, would be removed from the agenda until further information is provided. 0 �4 . March 20, 1984 - continued • PRESENTATION OF PLAQUES AND RESOLUTIONS.OF COMMENDATION TO�RETIRING OFFICIALS AND BOARD MEMBERS Mayor Naughten presented plaques to the following retiring board members: Arts Commission Harry Hise Cemetery Board Roy Baker Architectural Design Board Perry Spanfelner Greg Selvidge. Board of Appeals Sam Ewing, Sr. Paul Nolan Planning Board Ward Phillips Ann Derleth Jeanie Johnson Floyd Smith Mayor Naughten also presented plaques and resolutions of commendation to Harve H. Harrison, for service as Mayor from 1967 to 1983 and Councilman from 1960 to 1967; to Katherine Allen for service on Edmonds City Council from 1977.to 1983; and to Ramon J. Gould for service on the Edmonds City Council from 1976 to 1983. Council President Jaech presented a plaque and resolution of commendation to Larry Naughten for service on the Edmonds City Council from 1978 to 1983. Mr. Harrison thanked his former staff, Irene Moran, Art Housler, Bobby Mills, Mary Lou Block, Jim Adams, Hal Reeves, Marlo Foster, Jack Weinz, Steve Simpson, Pat LeMay, and Dia Bock for the fine jobs they had done for the citizens of Edmonds. He also thanked all other City employees, and the volunteers who had served on the.various boards and commissions for their work in making Edmonds a safe, functional, clean and beautiful place to live. Mr. Gould also responded by saying he had found other activities to fill his time and assured everyone present there was life after the Council. Mayor Naughten recessed the meeting and invited all present to partake in the cake and coffee provided in honor of tonight's reci.pi.ents... Meeting was called to order again at 8:08 p.m. AUDIENCE Jeff Corliss, 18836 78th Ave W., Edmonds, spoke.to the City Council on behalf of an informal group designating themselves as DECIDE (Does Edmonds Care If Daycares Exist?). He noted that the Council had received a letter from the group addressing the subject of day cares in Edmonds. The group would like the Council to authorize the Planning Department to investigate their findings and make recommend- ations to amend the Code. The group has researched surrounding municipalities and they feel their request is compatible with their.code requirements. The.group feel their children are a most valuable resource and believe those children requiring day care deserve the same rich and full experience as those who do not require day care. They believe that experience is best realized in a home environ- ment, therefore they believe day cares.belong in a residential setting. They believe that children who are forced to leave Edmonds for day care will also leave Edmonds for schooling. Mr. Corliss presented petitions, containing 256 signatures, of Edmonds residents in support of DECIDE's posi- tion. He asked for and received a show of hands of supporters in the audience. The group believes the support shown warrants an immediate response by the Council on what they believe is a vital issue to the whole community. Councilmember Kasper indicated the Community Services Committee had met earlier this evening. The Committee concurred with the staff recommendation that the issue of conditional use permits only on arterials in the RM zone be assigned to the Planning Board for review. In response to a request from Mayor Naughten,.Mr. Corliss said the name of the co -chairperson was in the letter and that person could'be.contacted when the item is set for a hearing. Councilmember Dwyer said the item • Councilmember Kasper had mentioned will be on the general question of whether the code should be amended to eliminate the requirement that all conditionaluses must be located on arterials in RM zones. He said when the item presented by DECIDE this evening is placed on a Planning Board agenda, the citizens groups will be notified. Mr. Warren Bohan, 21606 79th Ave W., said he was the opponent of the DECIDE group. He asked that the day care center in his neighborhood be closed since it is not operating under a license or permit from the City. The use does not meet the conditional use permit, cannot be approved to operate under any of the various codes,•and he does not believe it should continue to operate. Councilmember Dwyer responded that it would be premature for the City to terminate the use of the day .care center since an appeal had been taken from the staff determination. The appeal process determination will either uphold the staff determination or the operator of the day-care will be required to seek a home occupations permit. Mr. Bohan said the issue is'not whether Edmonds needs day-care centers, but whether the day -cares belong in adjacent property backyards. There should be designated areas that are not conflicting with adjacent residences. He said most of the people present testifying for the day care center do not live close to the house. Opposition to the day- care is from property owners immediately adjacent to the day care. Councilmember Dwyer interrupted to say that Mr. Bohan was now trying to litigate an issue not now before the Council. Mr. Bohan asked that his name.be placed on the list for notification when a hearing is scheduled. Natalie Shipped, 1022 Euclid, requested that .the hearing on Sailor's Restaurant sign remain on the April 3 agenda. It is a new sign in.a BC zone and the material coming to the Council from the Planning Board will have no bearing on the issue. Council President Jaech noted that the Council had agreed at their last meeting that the hearings would be continued if appellants concurred. City C1erk.Irene Varney Moran explained that the items Iin question would.remain on the April 3 agenda, otherwise notices and.publications would have to be posted. Therefore, the April 3 agenda remains the same, but people concerned were notified there was a possibility that the hearings might be continued. Mayor Naughten assured Ms. Shippen that the hearing.in question would remain on the April 3 agenda. 343 • March 20,-1984 - continued Tena Carver, 138 Highland Drive, stated there has been a drainage problem on their property since 1980. She said the.property behind and above them had built a massive rockery, 20-25' high behind whicha swimming pool had been installed. Ms. Carver said she had taken the matter up with Mr. Adams'and Mr. Reeves many times over the past years. She said a bui-lding.permit was never obtained for construction of the rockery. She indicated that they are very.frightened that the rockery is not safe. She said Mr. Reeves had told her that he could not get anything from the people involved, either.. ..The property is.owned by Dr. Robert Lockyear, located at 127 Skyline Drive. During construc- tion -of the pool and rockery, the drainage had been dismantled from the home; there was a rainstorm and the Carvers had received the.full drainage from that property. The resulting damage to their property included water in. the basement, loss of ground cover, and a crack in a 10" reinforced concrete 60' wall. When confronted the next morning, the Locky ears said the water and damage was the.Carvers' problem. She said the Lockyear storm sewer is hooked into the regular sewer. She said she had tried repeatedly to talk with. Mr. Tanaka. Last evening, the Carvers' had been contacted by the President of their Homeowners' Association, advising them there is a leak in the swimming pool which was releasing.about.100 gallons a day. She said, when the swimming pool collapses, there will be a lot of property damage and possibly lives lost.. She would like to have the water drained. immediately if there is any in the pool now. Mayor Naughten advised Ms. Carver that the City is working on the problem and would have information for her if she would call him tomorrow. HEARING ON PROPOSED TRAFFIC REVISION FOR PUGET DR. & OLYMPIC AVE. City Engineer Jim Adams.,introduced.Traffic Engineer Dale Schroeder, who presented the three intersec- tion alternates. Mr. Schroeder explained the decision making process employed.in proposing the three alternates to be presented. Graphics of accidents occur.ing at the intersections of Olympic View Drive and Olympic Avenue and those occurring at Olympic Avenue and Puget Drive were displayed. After determining that the predominant accident is southbound.Olympic View Drive left turning vehicles, he mentioned several characteristics that are contributing to the problem: 1. the oblique angle of the turn, 2. there is no protected left turn area. There are two predominant accidents at • the intersection of Olympic Avenue and Puget Drive, the westbound Puget traffic turning right onto Olympic.Avenue being rear -ended caused in part by the higher speed limit on Puget Drive and the tight turning radius; the.other is the right angle accident involving southbound Olympic Avenue traffic with the eastbound Puget Drive traffic, caused by the upgrade on Olympic Avenue and some perce'lved sight restrictions at the intersection. Councilmember Kasper.interjected the fact that all accidents recorded on the presentation graphs had occurred prior to that road's being rebuilt. Mr. Schroeder .said the current year's data was not available when the diagrams were done. Mr. Schroeder displayed the three alternates and gave a detailed explanation of each. There was dis- cussion between the.Council.and Mr. Schroeder to cl.arify the information presented. At the conclu- sion of the presentation, Mayor Naughten opened the public hearing. Roy Combley, 1112 Excelsior Pl., said he had attended a hearing 6 months ago. when a gentleman had said,.cer_tai.n`ahi.ngs:would be.done on a trial basis, such as adding signs to slow downhill traffic and leveling of the.grade on Olympic Avenue at the intersection with Puget Drive. He said the closure of Olympic Avenue'would be awkward for them. Grant Bush, 19315 Olympic.View Drive, stated that he lived at the intersection where most of the accidents occur; i.e..0lympic Avenue and Olympic View Drive. It is his opinion that this is the most dangerous of the two intersections. He described accidents at the intersection that had occurred in 1983. He saw no improvements from the Engineering Department with which he is comfort- able.. He suggested Olympic.Avenue be made one-way going north, which would.eliminate any hazard at that intersection and would also alleviate the problems at the-intersecti.on of Puget Drive and Olympic Avenue. He said the majority of the traffic using Olympic Avenue was northbound. Roger Hertrich, 1020 Puget Drive, said the major problem is at the intersection of Olympic and Olympic View Drive and it needs a redesign construction. He is opposed to closing the street because it adds an increased load on Olympic,View Drive but restriction to a certain direction would .be helpful. He said left turns into Olympic Avenue from Olympic View Drive should not be allowed, since there is not:enough right-of-way to allow a protected left.turn lane, and this could be • accompli.shed bycreating a barrier on Olympic View Drive. At the intersection of Puget Drive and Olympic Avenue, when the road was widened, the landing was not increased to provide proper sight distance. This was an item agreed upon by Engineering and the neighbors that must be done. He said he.disagrees with the idea of taking property to 'close.the street. Mr. Hertrich said a large rock that blocked the view of northbound traffic on Olympic Avenue at Puget Drive had been removed, a hedge had been angled to provide sight distance up the roadway, -a fence had been cut back behind the tree increasing sight distance, and the wire fence.next.to the apartment has been moved back, but could be moved a little more. He said there is a sign on one corner that could be removed also. A suggestion that was agreed to by Engineering was a flashing warning sign. He believes these suggestions should be tried before closing any streets. He reiterated that the major problem is at Olympic and Olympic View Drive, that.southbound traffic.should be restricted at that point, and the angle entering.the intersection should be squared away. Jean Cunningham, 1030 Grandview, said she has always been amazed at the si.gn at the intersection of Olympic and Olympic Vi.ew.Drive. She believes the sign adds to the confusion at the intersection and suggestedan immediate revision of the sign. She expressed fear that serious problems would result. from an increase in trafficonOlympic View Drive. She said it is, very hard to get out of Grandview because of the visibility. She said when the light was working at.Olympic View Drive and Puget Drive, traffic flow was.impr.oved. She verified that people drive down Puget Drive very fast, some- timesturning across the double lanes to enter the store. She said she has noticed "No Truck signs ..on 205th and 76th but Olympic View Drive is experiencing heavier traffic from Perrinville to Puget with a large delivery truck. She feels the truck is too large for the area. Sheila Combley, .1112 Excelsior. Place., said she doesn't like the idea of.closing off Olympic Avenue and.making it one-way. When the road is icy, one cannot go. up the hill and must turn around and go .the other way. She said ambulances and first aid trucks would have difficulty with access to Excelsior, adding minutes to arrival.times. She said it would 'be better if Olympic Avenue were leveled off where it entered.Puget Drive. She had witnessed two of the accidents referred to earlier; both were reckless drivers. She suggested a "slow sign would be of help in cutting down on speeding. 0 M,4; March 20, 1984 - continued • Ken Angel,-1412 Olympic Ave, at.the corner of Excelsior Place and Olympic Avenue, said Alternate 1 is unacceptable to him, establishing a turnaround at Olympic Avenue and Puget Drive. In the event of a serious accident, all access would be blocked off to fire or first aid for anyone living on the h.ill, creating a dangerous situation. He said signs would help on Puget Drive. He said there is a sign now reducing speed to 35 mph, but he believes traffic travels at 45 mph. He agrees that the sign should be redone at Olympic View Drive and Olympic Avenue. No one else wished to speak and the Mayor closed the hearing. Mr. Adams commented that both Olympic View Drive and Puget Drive are restricted to truck traffic, nothing over.,f.ive tons is allowed on either street. The only time trucks are there is when they are making deliveries to a specific address, and then they they turn.around and retrace their route. One other exception would be for a.specific reason when they would have a permit.from Mr. Mills or Mr. Adams. Acting Public Works Superintendent Bobby Mills said he and.Mr. Adams.had met with people a little over six months ago. Some of the items mentioned this evening were.discussed earlier. The flashing yellow light was examined for either the interesection or approaching the intersection. He -said they had moved the fence back on top of the rockery as far as would help. He'said signs are posted on Olympic View Drive and there are:vehicles that should be ticketed.. All of these items, including leveling of Olympic Avenue intersection with Puget Drive, are cost items and the City is now trying to.find the best solution before spending any money. In response to a question from Councilmember Ostrom, Mr. Mills said it is his opinion that a flashing.light.is needed at the,intersection. Mayor Naughten observed that the Council.might want more information from the staff. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER.HALL, THAT THE HEARING ON PROPOSED TRAFFIC REVISION FOR PUGET DRIVE & OLYMPIC AVENUE BE CONTINUED TO APRIL 17 FOR FURTHER CONSIDERATION. Councilmember Dwyer asked that figures on'accidents occurring.after November.1982 be provided. Councilmember Ostrom also asked the staff to consider some of the.suggestions given this evening, e.g. on Alternate 2 there is no left turn off Olympic Avenue at Olympic View Drive and a suggestion was made that both right and left turns..be allowed with a barrier to.keep people from turning left onto Olympic Drive going south. Mayor Naughten asked that costs be attached to each alternate. MOTION CARRIED. : Councilmember Ostrom raised the issue of immediate safety at the intersection of Olympic Avenue and Olympic View Drive.- He asked that something be done about the directional signs immediately. Mayor Naughten said.the staff would.look at the.situation and implement as soon as possible. HEARING ON STOP SIGNS AT DELLWOOD DRIVE AND 78TH AVE. W. Because of the lateness of the hour and the remaining items on the agenda, Mayor Naughten asked those wishing to speak to this matter to limit their comments to two minutes apiece. Mr. Adams displayed a diagram of the area involved. He said Dellwood Drive was paved about 3-4 years ago and was an -access road from 76th to 80th. He said there is a problem on the corner of 196th and 80th, which is now under design to put in a traffic signal and rechannelize the area. At this time, school buses, Community Transit and a lot of traffic use Dellwood Drive between 76th and 80th. A petition was presented to the Mayor last November and a stop sign was installed. Several other people have called to ask why it was installed and Mayor Naughten has scheduled this hearing to hear everyone. Mayor Naughten opened the hearing. Jeff Corliss, 18836 78th W., said the stop signs were a good idea because they do slow the traffic. He read a letter from residents on 78th West who want the stop signs to remain. The letter con- tained three main points: 1. Speed of traffic on Dellwood; 2. curve of 189th which creates a blind spot; and 3. difficulty of moving from 78th onto Dellwood. He added that there are cars parked on the shoulder of the northeast corner making it difficult to see up Dellwood. Richard Marin, 18918 80th W, proposed that the stop signs be removed and be replaced with signs saying "Slow, Children At Play" if the -object is to slow traffic. He said traffic on 80th is much faster than on Dellwood Drive. He said he has six children and would prefer not to have extra stop signs. He finds it an annoyance to have a stop sign used just to slow traffic. He said people are driving through the stop sign because it is an annoyance. Jim Garrison, 8120 187th St. S.W., said he travels Dellwood. He had called the City. Engineer when the signs appeared last November, and was told the signs did not meet any of the criteria for stop signs. He said he is not a fast driver and would defy anyone to drive Dellwood faster than 30 mph because of the three curves on the.street. If the object of the signs is to slow traffic, it is failing because people are driving right through them. He.also said the stopping cars are introducing an element of pollution. He would.. prefer the signs be moved. Lee Carey, 18629 79th Pl. W., said he uses 189th Place and Dellwood drive 2-3 times daily. He proposed the stop signs be removed. He believes another method should be found to slow the traffic. He feels they are wasteful and that people are ignoring them, which is dangerous. Eleanor Hertzberg, 7919 189th P1. S. W., almost to.80th, said she had requested the stop signs be installed. She commented that traffic increased dramatically when the City paved the street a few years ago. The City also painted a line down the middle and installed bumps on the line. Many people drive the street faster than 30 mph and there has been property damage on the street. The woman living at the intersection_ where the signs are located told Ms. Hertzberg that people come around the corner into the cul-de-sac so fast they go across her driveway and almost hit her son. Ms. Hertzberg said people were more concerned about the speed of the traffic on Dellwood than they were with the buses when she circulated a petition to have the buses rerouted, and two-thirds of the people signed.the petition for the buses. She believes the stop signs should stay since there has been no other proposal from the City to slow down traffic. Ms. Hertzberg presented a petition signed by residents of 189th and Dellwood. 1 1 1 • I 0 345 • March 20, 1984 - continued Dave Wahl, 791.1 189th Pl..S. W...,.has.lived at this address for 12.years, seeing the street go from a quiet.residential street to.a heavily and rapidly used street of today. He said the stop signs have helped more than anything else done.on the streets.since the problem has developed. He said it was their street and they are trying to get it back as a neighborhood street. He said the stop signs should stay unless there is a better solution. Jerry Tucker, 18706 81st W., said.in listening to the comments there appeared to be three or four problems: speed, blind spot, and parking on the public right-of-way impeding people's ability to see. He asked if the City has criteria for placing stop signs in certain areas.' Mr. Adams replied that the. -City has adopted the Manual on U.niform.Traffic Control Devices and the stop sign in question .does not.meet the criteria. Mr.. Tucker said if the signs are left the criteria`would have to be changed. He asked the Council to abide bythe criteria or change the criteria and accept the conse- quences .that would ari.se.when..individuals want stop signs in their area. He suggested use of "slow" .signs or signs designating children at play be used -to replace the stop sign. Kay.Leiser, 7916 189th PI..S. W., has talked with people who.do_not reside on Dellwood and 189th and agree with the use.of stop signs on Dellwood. They feel the traffic has been reduced and it is safer -for the..children. playing in the area. She suggested that white lines and buttons be installed before reaching the stop sign to alert them the stop sign is there.. There .is no sidewalk, necessi- tating the children use the.street in going to and.from school. She said there is a lot of speeding and property.damage. She feared a child would .be killed.or critically injured if the stop signs are removed. She urged the Council to leave the stop signs in place in order to protect the children on the street. Richard Eger, 8128.187th. S. W., said he has used the.street the 18 years he.has lived there. He suggested .that, the City. shoutd..be. going after the..drivers-who are speeding., rather than the law abiding ci.tizen,.if,.they want to slow down traffic. In response to a question from Councilmember Kasper, he said he did not think it would .make any difference when the light is installed at 80th • and 196th. Paul Ferrarri, 7822 189th S. W., said traffic has slowed down since the stop signs have been in- stalled., Some people do.run the sign occasionally, but not very many. He supports leaving the signs.where they are. No one else wished to speak and the hearing was closed. In response to questions from the Council, Mr. Adams.said the.light at 196th and 80th is now in design; they hope to.go to bid in the summer and have.it.done by late fall. He said the Community Transit.would prefer to move back to,the intersection at 80th and 196th, but said he had not spoken with.the school. about their -bus. Councilmember Kasper stated. -that the s.ign_. should stay at least until there is a 90-day record, after the light is installed, to.see.how that affects the traffic. .Councilmember Hall commented that.it sounded like a neighborhood problem and thought police enforce- ment might help. In response.to a question from Councilmember Dwyer, Mr. Adams said the City does not put up,a "-Caution, Children Playing" sign. 'The inference would be that the City allows children to play in the right-of-way. The sign is.no longer used in this State. He sai.d the speed limit cou I d. be. reduced to 20 mph, an, advisory sign. of 20 mph could, be. used, the Council could, by ordi- nance, reduce the legal speed limit, or a sign saying caution, curves, could be installed. Council - member Dwyer mentioned that one of the problems is maintaining stop signs. Mr. Adams replied that the cost of installation is $25-30 plus replacement. and.maintenance. He also said the speed limit in the City is 25 mph unless otherwise posted and the policy of the Cityis to limit the number of signs. used throughout the City. Mr. Adams said there is'no question that it will be more convenient for.people to use the interesection at 80th and 196th once the light is installed. Discussion concerning the use of white lines on the street produced the idea that the line might be removed after the light is installed and traffic is reduced. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER HALL, TO LEAVE THE STOP SIGNS AT DELLWOOD DRIVE AND 78TH AVENUE WEST. MOTION CARRIED. HEARING ON APPEAL..OF HEARING EXAMINER DECISION REGARDING A VARIANCE TO STREET LANDSCAPING RE UIREMENT AT 23125 HIGHWAY 99::V-19-83/BUTLER Planning,Director Mary Lou Block said the appellant is seeking to modify the Hearing Examiner's decision regarding his.variance request in which he requested a reduction in the amount of land- scaping required to be located in the street setback for his business at the above address. .Ms. Block reviewed the Hearing Examiners Report. His recommendation was for approval of the variance,. subject to the following conditions: 1. There shall be 11' feet of landscaping and a 5' concrete sidewalk located between existing curb and the pump islands. 2.. The Applicant shall submit the landscape plan for review and approval by the City of .Edmonds. -Architectural' -Design Board. Ms: Block descr.i.bed.the variance request and showed the dimensions involved on an overhead pro- jection. She said the applicant received a variance from the Hearing Examiner and is requesting an additional variance. Archie Butler, 23125 Highway 99, said it would be unfair and would cut down on,business if he were .not allowed to use both sides of the gasoline pumps. He said the gasoline pumps are used to attract people to the upholstery business. He also plans to add a detail shop behind the main building and will need more parking space. He has placed a bond for construction of the sidewalk. He stated no other businesses.north.or:south of.him have a sidewalk. He would like to have the sidewalk, but less landscaping, to allow him to use both sides of the pumps. It is his contention that the is J-46 March 20, 1984 - continued .beautification program is to beautify but not to harm local businesses. He has just recently pur- chased the.property and feels that loss of use of the pumps will lower its value. In response to a question from Councilmember Dwyer, Mr. Butler said he had received no benefit from the Hearing Examiner. Council President Jaech commented that the benefit received was a reduction in the landscaping Code requirement from 15' feet to 11',which allowed use of one side of the pumps rather than having to take them out completely. Mr. Butler said that it is not only the monetary consideration, but the space is needed on both sides of the pump island to access the working areas of the building. He said because they had done a short -subdivision when he purchased the property, he was now being made to comply with the code when no other businesses near him are having to do so. Ms Block said the short -subdivision was the occasion for.imposing the code.- Since there was no one else wishing to speak, the hearing was closed. Council President Jaech noted in checking gas stations within the City limits, almost all have over 20' feet between.the.pump islands and the roadway. The majority of these stations were not on an arterial such as Mr: Butler is. In response, Mr. Butler asked if there were not some type of grand- father clause to protect existing structures such as his. Councilmember Kasper asked if Mr. Butler had approached the'City prior to purchasing the property. Mr. Butler said he had purchased it as a service station., for which it had been used for the last 30 years. Ms. Block responded to a question from Councilmember Hall, that sidewalks are being imposed as property dovelops. Property to the south has a sidewalk that greatly enhances the area and provides a safe walking area for pedestrians. She said that is what the City is trying to do all along there. She commented that the.decision by the Hearing Examiner provided landscaping and allows the pumpsto be.used from one side. In response to a question from Councilmember Dwyer, she said there is 8' in the right-of-way to the curb line; then there is 10' to the pump island. A 9'-wide car parked 2 feet from the pump island would be into the right-of-way by 1 foot, 7 feet from the highway and 2 feet from the sidewalk. She added .that City regulations supercede any State regulations. In response to a question from the Council, Mr. Eames said the applicant had asked for approval of a particular subdivision. At that time, the Code requires that the property be consistent with the Zoning. He is asking for a variance, which is a special exception that, if it is granted, must meet specific criteria set out in state law. Essentially, the purpose of the variance is to recognize that uniform application of a particular law to everyone may.deprive a particular person in a particular circumstance of rights to property development that others would have. In terms of granting a special exception, the City may not attach timing conditions. It is required that only the minimum amount of variance required be granted to give the property owner the same rights to use of property as another would have. The special criteria are listed by the Hearing Examiner in his report. Discussion followed concerning whether the landscaping requirement would be for beautification or safety. The staff was requested to provide information whether allowing cars on both sides of the pump island would pose a safety hazard. Ms. Block commented that safety was not the issue for the variance, it was from a landscaping requirement. COUNCIL PRESIDENT JAECH MOVED,.SECONDED BY COUNCILMEMBER HALL, THAT THIS ITEM BE CONTINUED TO THE APRIL 3 AGENDA. MOTION CARRIED. FURTHER DISCUSSION REGARDING VISITOR'INFORMATION CENTER Mayor Naughten introduced Susan Moore, Chairman of the Task Force .for the County -wide visitor infor- mation center,.a function of the.Tourism Committee of the South Snohomish Chamber of Commerce. Ms. Moore reported that.a site had been selected at 164th St..S. W. and 17th W. She said the County Prosecutor's Office had redrafted the interlocal agreement.. Councilmember Dwyer stated he had read through the new agreement and the language which had been questioned by the Council at their last meeting had been eliminated. Ms. Moore explained.that the percentages were determined by a volunteer for the task force and were an attempt to determine financial.responsibility,equ tabl-y_�:for all of the cities and the county. As an aside, she noted that most of the population and hotel rooms are located in unincorporated.areas:so the County will be responsible for a large portion of the budget. Mayor Naughten commented that the City has protection since the agreement will require yearly approval. He said the $1600 investment by Edmonds should result in an economic asset. Ms. Moore reiterated that the interlocal agreement needs to be signed. Many legal matters are being handled by the Task Force; however, the Task Force wishes to get an interlocal board seated to assume that responsibility. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, THAT THE INTERLOCAL AGREEMENT BE ADOPTED AS PRESENTED. MOTION CARRIED. AUTHORIZATION TO PURCHASE TWO REPLACEMENT VEHICLES [Item (G) on Consent Agenda] Councilmember Kasper questioned whether the vehicles would be purchased or leased and what kind of vehicle would the City get? Acting Public Works Superintendent.Bobby Mills replied they would be leased and the type is not known since they will take the best .vehicle for the money. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE ITEM (G). MOTION CARRIED. AUTHORIZATION TO PURCHASE TWO REPLACEMENT VEHICLES AND ONE ADDITIONAL VEHICLE FROM THE STATE CONTRACT Item H on the Consent Agenda Councilmember Kasper asked for clarification of this item also. Mr. Mills said this would be a purchase on the State Contract and.the vehicle would be a Chevrolet. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, THAT ITEM (H) BE ACCEPTED. There was discussion as to the color of the vehicles. COUNCILMEMBER KASPER ADDED THE PROVISION THAT THE COLOR OF THE VEHICLES BE EDMONDS BLUE IF POSSIBLE. MOTION CARRIED. C 1 0 1 1] 1 347 • March 2.0, 1984 - continued PROPOSED RESOLUTION 582 INITIATING STREET VACATION ON 12TH AVE. S. [Item (K) on Consent Agenda] Council President Jaech asked for clarification of this item. Mr. Adams sa.id the resolution would start the process, the subject would go to the Hearing Examiner, the item would then return to the Council for.a date to be set for the hearing, then an Ordinance would be passed, a.process taking 3- 4 months. COUNCIL PRESIDENT.JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE ITEM (K). Councilmember Kasper pointed out a mistake in the address, the correct identification is 12th Avenue North. Mr. Eames said the correct address would be used on the notices, etc. MOTION CARRIED. ADOPTION OF PROPOSED ORDINANCE #2421 AMENDING OFFICIAL STREET.MAP,.REDUCING THE..RIGHT-OF-WAY OF ELM STREET BETWEEN 6TH AVE. S. AND 7TH AVE. S. (ST-5-83) [Item (D) on [Item (D) on Consent Agenda] COUNCIL PRESIDENT JAECH MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO MOVE ITEM (D) TO THE MARCH 27 AGENDA. There was discussion concerning whether the item should be on the consent or regular agenda, and decision was made to place it on the regular agenda. MOTION CARRIED. MAYOR Mayor Naughten reported he had the privilege of declaring March 15 asthe Woodway High School Girls' Basketball Team Day because they were State Regional Champions. The Mayor said Edmonds, Everett, and Redmond have been selected by the U. S. Air Force as their guests to tour SAC Headquarters at Offutt Air Force Base, in Nebraska. He said he had selected the Student Body Presidents from.Edmonds, Woodway and Meadowdale High Schools; the President-elect of the South County Chamber, Mike Echelbarger; the Vice -President of the Edmonds Chamber, Chris McDevitt; and Sue Gould, as a political leader; to accompany him. The Air Force will fly them to Offutt AFB for a two-day tour. • Mayor Naughten said .he had appointed Dan Rice as an alternate member to the Planning Board and asked if the Council would.like..to interview Mr. Rice on.March 27 following their interview of Bob Drury as a.member of the Board of Appeal.s. That was acceptable to the Council. Mayor Naughten announced that the South County Cities are meeting at the Seahorse Restaurant at 6:30 this Thursday night. The guest speaker will be Katerine Allen. COUNCIL Council President Jaech asked the City Attorney if the parking revisions on Bell Street would require a public hearing. Mr. Eames said a revision%of that nature would not require a public hearing. COUNCIL PRESIDENT JAECH.MOVED, SECONDED BY.000NCILMEMBER OSTROM, COUNCIL CONCURRENCE OF THE MAYOR'S RECOMMENDATION- MOTION CARRIED. Councilmember Hall reported that a conference for the Performing Arts was held last Saturday. There was a good cross-section represented. Dr. Golden, from Syracuse University in New York, spoke. Many ideas were produced during the all -day session. Councilmember Kasper said the.Community Services Committee.wished to put the Meadowdale moratorium question back to a Council work session for discussion. A date of. April 10 was selected. On the question of appeals, the staff was asked to bring in further information as to criteria on fees for appeals in other cities. The Conditional Use Permit item mentioned earlier has been referred to the Planning Board. Meeting adjourned to Executive Session at 11:10 p.m. 7" I NE VARNEY Clerk LARRY S. NAUGHTEN, Mayor