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09/05/1989 City CouncilTHESE MINUTES SUBJECT TO SEPTEMBER 18, 1989 APPROVAL EDMONDS CITY COUNCIL MINUTES SEPTEMBER 5, 1989 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT Larry Naughten, Mayor Bill Kasper, Council President Steve Dwyer, Councilmember Laura Hall, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember John Nordquist, Councilmember CONSENT AGENDA ABSENT STAFF Jack Wilson Mary Lou Block, Planning Div. Mgr. Art Housler, Admin. Svc. Director Dan Prinz, Police Chief Ron Schirman, Assistant Fire Chief Bob Alberts, City Engineer Brent Hunter, Personnel Manager Scott Snyder, City Attorney Barbara Mehlert, Admin. Clerk Items (D) and (G) were removed from the Consent Agenda. COUNCILMEMBER HALL MOVED TO APPROVE THE BALANCE OF THE CONSENT AGENDA. Because Councilmember Dwyer wished to address the memorandum from the City Clerk regarding the minutes, COUNCILMEMBER HALL RESCINDED THE MOTION. Item (8) was removed from the Consent Agenda. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL &000' (C) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM STEPHEN H. McMANUS ($242.78+) AND FRANK J. GRUBER ($494.94) 0015(E) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT FOR SNOHOMISH REGIONAL NARCOTICS jaft K f°nu TASK FORCE pppUC( ) FINAL ADEVELOPLAT APPROVAL FOR 15 LOT SUBDIVISION OF PANORAMA POINT (P-5-85/EDMONDS APPROVAL OF MINUTES OF AUGUST 22, 1989 [ITEM (B) ON THE CONSENT AGENDA] Councilmember Dwyer referred to the memorandum from the City Clerk noting the following amend- ments: "An item was omitted from page 1 of the August 22, 1989 minutes. It was Item (8), the approval of the previous meeting's minutes, which had been removed from the Consent Agenda. Please amend the August 22 minutes as follows to insert the wording of the omitted paragraph and this, in turn, will amend the August 15 minutes: 'The City Clerk had provided, at the request of Council President Kasper, a proposed amendment to the August 15, 1989 minutes at the bottom of page 1 under the discussion of compensatory time for exempt employees. That amendment stated: 'Council President Kasper said he had discussed with the Personnel Manager the issue of limiting the use of comp time with vacation time, and it could be dealt with either now or by taking it up in a review of the vacation policy. There was no.response from the other members of the Council, and the action on the motion to approve was taken." COUNCILMEMBER HALL MOVED, SECONDED BY COUN- CIL PRESIDENT KASPER, TO INCLUDE THAT AMENDMENT IN THE SUBJECT MINUTES. MOTION CARRIED. "Councilmember Hertrich referred to page 5 of the August 15, 1989 minutes, second paragraph from the bottom, noting that the minutes indicate he abstained from voting, whereas he actually had voted against the motion. There was a question then from Council President Kasper who did not think he had said he did not hear the motion (as stated in the minutes). The City Clerk was requested to listen to the tape and advise the Council if there was a discrepancy. COUNCILMEMBER JAECH THEN MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE AUGUST 15, 1989 MINUTES AS AMEND- ED. MOTION CARRIED. Subsequently, the City Clerk did listen to the tape. Just previous to the motion in question, another motion failed on roll call vote. Then the motion in question fol- lowed and was voted upon, whereupon Councilmember Kasper stated (possibly to the person beside him) that he did not vote '....not if that was another motion --I didn't hear it.' Therefore, the minutes reflected that he abstained because he did not hear the motion". Because Councilmember Kasper could not recall to what discussion the memorandum referred to, COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER DWYER, TO DEFER APPROVAL OF THE MINUTES UNTIL NEXT WEEK. MOTION CARRIED. AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH GEORGE L. PAGE FOR SERVICES C �a� AS CABLE TELEVISION CONSULTANT 10 000 ITEM D ON THE CONSENT AGENDA COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO DISCUSS THE ISSUE BETWEEN ITEMS 8 AND 9 ON THE AGENDA BECAUSE FUNDS HAD NOT BEEN APPROPRIATED IN THE BUDGET FOR THE CONSUL- TANT. MOTION CARRIED. P OPOSED RESOLUTION 689 PLACING ESPERANCE ANNEXATION ON NOVEMBER BALLOT [ITEM (G) ON THE CONSENT (r G N LL Mayor Naughten said a citizen had suggested that the wording on page 2 of the resolution be amend- ed for clarification to use the actual precincts instead of the words "Esperance" or "Olympic View". City Attorney Scott Snyder offered the following language: "Shall the unincorporated area of Snohomish County bounded on the west by the current town limits of the Town of Woodway, on the south by the Snohomish -King County line and on the north and east by the current Edmonds City limits, commonly known and designated by precinct names including Ann, Chapel, Chase, Dale, Eaton, Firdale, Forshee, Gate, Glen, Holly, Lane, park, Ridge, Rob, Snoline, Spring, Summit, Wood and Yost, be annexed to and become a part of the City of Edmonds". COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO INCLUDE THE AMENDMENT POSED BY THE CITY ATTORNEY INTO THE PROPOSED RESOLUTION. MOTION CARRIED. AUDIENCE Mayor Naughten opened the audience portion of the meeting. Art Janette, 9319 Bowdoin Way, said Bowdoin Way and Walnut Street have become a "Grand Prix" because of the increasing number of vehicles that travel those roadways at accelerated speeds. He said Bowdoin Way is heavily traveled but policed very little, and he was concerned that the proposed 11 lot subdivision (item 5 on the agenda) will only exacerbate the problem. Mr. Janette said the traffic on Bowdoin Way is so hazardous that he is reluctant to walk across the street. He requested the Police Department to patrol that area, especially during peak hour traffic. Councilmember Kasper inquired when 196th Street will be opened. He noted that the original open- ing date was extended twice. He was curious why Staff does not work on that road very many days of the week and requested that matter to be reviewed. Mayor Naughten said 196th Street is sched- uled to be opened on September 25th. Jenny Antilla, 710 - 7th Ave. S., inquired if the Code protects the views of existing homes from construction of new homes. Mayor Naughten said there is a 25 foot height restriction on residen- tial homes, but a lot owner has a right to build a home next to a home with a view up to that limit. He said hopefully people will cooperate with each other and try to reach a compromise. City Attorney Scott Snyder said a recent Supreme Court decision ruled that a city can be liable through inverse condemnation --a form of taking to pay the value taken --if that city, by exercise of its police powers, takes or diminishes the value of an individual's property. He said that rule does require that the taking be significant or, in some cases,' destroy the value of the property. Ms. Antilla inquired if the existing property owner whose view is threatened has any rights. Mr. Snyder said they have the rights that attached to the land at the time they purchased the proper- ty. Ms. Antilla inquired if a home owner's tax assessment can be reevaluated if their view has been diminished. Mayor Naughten said a property owner can petition the County to reduce their rates in that instance. Eric Adams, 7924 - 212th St. S.W., said there is inadequate signage on 212th St. for construction detours and speed bumps. He said he was almost killed on his motorcycle recently because he was unaware that the street was closed. He requested the City to provide more signage. EDMONDS CITY COUNCIL MINUTES Page 2 SEPTEMBER 5, 1989 Matt Gormly, resident of South Snohomish County, thanked the Council for their consideration of Resolution 689 for the Esperance annexation. Mr. Janette said Bowdoin Way has been under construction since early June and was supposed to be completed by July. He said his driveway has a three inch rise where Staff has cut the blacktop in preparation for paving, and the manholes are at least two inches above the roadway, which is hard on his tires. He said it is very difficult to turn into his driveway because of the speed- ing motorists that tailgate his vehicle. Mayor Naughten closed the audience portion of the meeting. PRESENTATION OF PROCLAMATION TO POLICE DEPARTMENT FOR NATIONAL D.A.R.E. DAY [�Vk�� Mayor Naughten read the proclamation into the record. He said D.A.R.E. is a program that teaches 5th and 6th grade children how to resist pressure to experiment with drugs and alcohol, and it is VV also provided to kindergarten and junior high school students and their parents. He said the D.A.R.E. program has achieved outstanding success. Mayor Naughten noted that September 14, 1989 has been dedicated as NATIONAL D.A.R.E. DAY. He presented the proclamation to Police Chief Dan Prinz. Chief Prinz said the Police Department was very appreciative of the proclamation. He said the program was established two years ago and has been very successful. Chief Prinz said the program provides an opportunity for police officers to reach out to students. HEARING ON PROPOSED PRELIMINARY 5 LOT SUBDIVISION AT 533 - 6TH AVE S. (P-2-89/SEAWOOD HOMES iV$Ianning Division Manager Mary Lou Block reported that on July 20, 1989 the Hearing Examiner held a public hearing on the request of Seawood Homes, Inc. for preliminary approval of a proposed five -lot subdivision at 533 - 6th Ave. S. The Hearing Examiner issued his report on August 4, 1989 setting forth his recommendation to the City Council to approve the preliminary plat. Ms. Block noted that a copy of the Hearing Examiner's report and the preliminary plat were includ- ed in the Council packets, and the file was placed in the City Council office for review prior to the Council hearing. Ms. Block said it is the recommendation of Staff to grant preliminary plat approval. Ms. Block reviewed the Hearing Examiner's recommendation. Ms. Block referred to a letter from James Deal stating that his clients contest the survey line on lot 5 and request that the matter be resolved prior to final plat approval. Ms. Block reviewed a preliminary plat map. Councilmember Hertrich noted that Jerry Perry had requested at the hearing before the Hearing Examiner that the house on lot 5 be set back to the south to -protect his view. He inquired if the location of the house has been determined. Ms. Block replied negatively, but she.said the setbacks have been defined to be 20 feet for the north elevation, 15 feet for the south eleva- tion, and 5 feet for the east and west elevations Ms. Block said the applicant believes that.the surveyor can establish a new property line between lot 5 and John Lord's property from known monuments to`the satisfaction of both property owners. Councilmember Kasper inquired what the boundaries were on Mr. Lord's property at the time it was platted. City Attorney Scott Snyder stated that case law suggests that the City does not have authority to grant final plat approval if there is a dispute. He said the Council has, in the past, conditioned final plat approval expressly at the time preliminary plat approval was grant- ed. He said some of the questions raised by Councilmember Kasper would be interesting in a quiet title proceeding to determine where the boundary lines are but are not issues that can be deter- mined by the Council at the present time. Mayor Naughten opened the public portion of the hearing. Lee Atherton, Seawood Homes, Inc., said Seawood Homes and the attorney for the estate of Anders Markem have had discussions with the current owner, Mr. Szwec, to resolve the issue of the corner dispute. Mr. Atherton believed that issue could be resolved within the next two weeks and should not affect the location of the house. EDMONDS CITY COUNCIL MINUTES Page 3 SEPTEMBER 5, 1989 Councilmember Hertrich inquired if the location of the water line has been determined. Mr. Atherton said that matter will be discussed with Staff this week. James Robert Deal, 209 - 4th Ave. S., Suite 101, attorney representing the Szwec's, said his clients are not opposing the subdivision but ask that final plat approval be granted subject to clarification of the boundary line. Kerwin Vande Griend, 527 Magnolia Lane, requested that the road remain unobstructed during con- struction. Mr. Vande Griend inquired who would pay for the costs for the water line and curb. Ms. Block said the developer will be required to put in the street improvements that are required as part of the subdivision. She said the issue of the water line was raised at the hearing before the Hearing Examiner, and the Engineering Department will make a decision this week as to what source it will emanate from. Mr. Vande Griend inquired if there is a City ordinance in effect that regulates construction activities with respect to hours of operation. Ms. Block said construction activities are al- lowed from 7 a.m. to 10 p.m. on weekdays and weekend hours are more restrictive. Because several Councilmembers questioned the hours of operation, Mr. Snyder referenced the Code and confirmed Ms. Block's recollection and clarified that construction activities are limited from 10 a.m. to 6 p.m. on weekends. Guy Schoonmaker, 727 - 6th Ave. S., said 6th Avenue is a narrow road and is travelled by a lot of vehicles. He said very few motorists obey the 20 mph speed limit. He was concerned about the safety of his children and his neighbors' children because he believed the proposed subdivision will exacerbate existing problems. He suggested that speed bumps be installed on 6th Avenue and signage be posted for local access only to slow traffic down on that street. Todd 721 - 6th Ave. S., said he was also concerned about the safety of the children. He said school children walk to school in the morning at approximately the same time that the construc- tion crew arrives at the construction site. He requested the applicant to alert the workers of the children's presence. Mr. Snyder said the City Council has the ability in the subdivision process to require that homes be staggered. He noted that one of the conditions of the Hearing Examiner's recommendation was that the homes be staggered. Mr. Snyder said the applicant will be required to submit the build- ing footprints to Staff but because a variance has not been issued, the homes can be staggered only within the.normal setbacks. Mr. Vande Griend requested that the existing speed bumps on Magnolia Lane be left in place after construction is completed. Mayor Naughten closed the public portion of the hearing. Councilmember Hertrich wanted insurance that the location of the house on lot 5 be contingent upon final assessment of the boundary line in question. He requested that a blueprint of the homes be provided to the Council before final plat approval is granted so they can ascertain where the homes will be located. Mr. Snyder reiterated that the north elevation of lot 5 will have a 20 foot setback. He said the Council could direct him to include in the Findings of Fact a specific direction to Staff to attempt to achieve flexibility in home siting through the use of, where appropriate, varying the setback designations, particularly on lot 5. He said if some flexibility is provided (taking into consideration the boundary line dispute), some adjustments can be made. Councilmember Jaech inquired if the Findings could include a provision to change the designations if they are not workable. Mr. Snyder replied affirmatively. Councilmember Dwyer wanted to insure that lot 5 is not sold to someone else. He inquired if it was possible to include a condition that the applicant not convey any of his land to anyone dur- ing the plat approval procedure. Mr. Snyder said he could include a condition that restricts the granting of a building permit within proposed lot 5 pending final plat approval. Because of a concern for the young children in the neighborhood, Councilmember Dwyer requested that a condition be imposed limiting construction hours to 8 p.m. EDMONDS CITY COUNCIL MINUTES Page 4 SEPTEMBER 5, 1989 COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE THE PLAT AS APPROVED BY THE HEARING EXAMINER BUT TEMPORARILY RESTRICT CONSTRUCTION ON LOT 5 UNTIL THE NORTHEAST BOUNDA- RY LINE IS DETERMINED.AND RESTRICT CONSTRUCTION ACTIVITY TO 8 P.M. Councilmember Dwyer inquired if the motion included the staggering of homes to minimize view impact. Councilmember Kasper replied negatively. He noted that the Hearing Examiner has imposed that condition in his recommendation, and he did not feel it was necessary to restate that condi- tion. Councilmember Jaech said she would like that condition to be included in the Council's motion. COUNCILMEMBER KASPER SAID HE WOULD INCLUDE THAT CONDITION IN THE MOTION IF THE SECONDER AGREED. COUNCILMEMBER HERTRICH CONCURRED. MOTION CARRIED. HEARING ON PROPOSED PRELIMINARY 11 LOT SUBDIVIS 9316 BOWDOIN WP P-3-90/STEINKE/LOVELL & il Planning Division Manager Mary Lou Block reported that on August 3, 1989 the Hearing Examiner held a public hearing on the request of Mel Steinke and Lovell-Suaerland & Associates for prelimi- nary approval of a proposed 11 lot subdivision at 9316 Bowdoin Way. The Hearing Examiner issued his report on August 11, 1989 recommending approval of the proposed subdivision, subject to the conditions listed in his report. Ms. Block noted that copies of the preliminary plat and the Hearing Examiner's report were includ- ed in the Council packets, and the file was placed in the City Council office for review prior to the Council hearing. Mr. Block said it is the recommendation of Staff to grant preliminary plat approval. Ms. Block reviewed the Hearing Examiner's recommendations. Ms. Block also reviewed a preliminary plat map, which illustrated the trees that are tagged for preservation. Councilmember Kasper inquired if a future property owner will be required to adhere to the tree cutting plan. City Attorney Scott Snyder said in the past, tree cutting restrictions were writ- ten to restrict only the developer in development of the property. Once lots are sold to a sin- gle family home owner, he said that owner is free to do as he or she pleases with their property. Councilmember Nordquist inquired from which roadway owners of lots 1 and 11 will access their property. Ms. Block replied from the plat. Councilmember Nordquist inquired why access will be not provided from Bowdoin Way. Ms. Block said it is safer to limit the number of access points. Councilmember Jaech inquired how the trees that are designated for preservation will be main- tained. Ms. Block said the trees are, not designated as a native growth protection area and so there is no means to monitor them. She said the applicant has indicated that he intends to save those trees. Councilmember Jaech inquired if adjacent property owners are aware that those trees will not be preserved in perpetuity. Ms. Block said she did not know. In response to a question by Councilmember Hertrich, City Engineer Bob Alberts said the City will maintain the detention system because it is a public detention system. Juergen Sauerland, 817 Dresdin Lane, said the tree plan that was submitted in earlier proceedings was not intended to be a native growth protection easement. He said a number of evergreen trees were indicated on a vicinity map that could be retained. In addition, he said it was also agreed to replace trees on the west side of lot 1 that would be removed to fill the site and to plant trees along the southern perimeter of lot 7. Mr. Sauerland said he concurs wholeheartedly with the Hearing Examiner's recommendations. In response to a previous question by Councilmember Hertrich, Mr. Sauerland said plans have been submitted to the City's Engineering Department to pave Bowdoin Way and have been approved, which include a storm drainage system on 93rd Avenue which consists of a 48 inch storm sewer line with manhole structures at the north and south edge of the system and also includes 6 inch pvc lines where all the down spouts of all the structures will be tightlined to the detention system. Mr. Sauerland said there is an existing storm sewer line on lot 1 of Glendale Acres, EDMONDS CITY COUNCIL MINUTES Page 5 SEPTEMBER 5, 1989 and lots 1 and 2 of the proposed development will utilize that system; lots 3 through 11 will be connected to the detention system on 93rd Place West. Councilmember Hall inquired if it was more prudent to retain younger trees when selecting remov- ing trees rather than the older trees. Mr. Sauerland replied affirmatively. He said at the direction of a former City Planner but against his best judgment, in the past he has removed younger trees and retained older trees in a subdivision and later witnessed a catastrophy in that subdivision after a storm had passed. Mr. Sauerland recommended that 6 inch trees or smaller be retained rather than the larger trees, and that a builder be required to replace trees that have been removed during construction. Councilmember Hall cautioned everyone that a danger is created when the wrong trees are removed. Councilmember Hertrich inquired how the elevation differential for lots 1 and 2 and the adjoining properties will be addressed. Mr. Sauerland said there will be approximately a 20 foot elevation change between the proposed street and the western boundary of the properties. He said the level of fill will be raised to at least the level of Bowdoin Way and then tapered down from the pro- posed street to the property line on the west from a 5 foot fill to zero. Mayor Naughten opened the public portion of the hearing. Donald Woodside, 9411 - 215th S.W., said his home is adjacent to lots 5 and 6. He was concerned about the water retention system on lots 4 through 8. He said the remaining trees on those lots are second growth fir and do not retain as much water as larger trees do. Mr. Woodside said his lot is a flood plain, and the natural slope runs to the back of his property where he intends to build a horse shoe pit and a gazebo. He requested the Council to require the developer to main- tain the larger trees. He said if the existing trees are removed in the proposed subdivision, the adjacent neighbors will be adversely impacted because the water will naturally flow to their properties. Harry Case, 127 North Argyle Place, Seattle, believed the proposed subdivision will be a benefit to the neighborhood for the following reasons: 1) people have, in the past, complained about the horses and it will be replaced with residential homes; 2) trees will be removed that obstruct the view; 3) his mother's dilapidated home will be demolished and replaced with a new structure. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE PROPOSED PRELIMINARY 11 LOT SUBDIVISION AT 9316 BOWDOIN WAY(P-3-89/STEINKE/LOVELL-SAUERLAND). Councilmember Jaech noted that the motion did not address the issue of the trees. Councilmember Hall said she purposely did not address that issue because the trees are not controllable after the lots are purchased by individual owners. She said although she had concerns regarding that issue, she was unsure what restrictions the.City could impose. Councilmember Jaech inquired if the City Attorney could include in the Findings of Fact a provision for the retention of certain trees, subject to the Planning Department's discretion. City Attorney Scott Snyder said he could draft a covenant but it would be the first subdivision that the City has imposed such a covenant which, he said, would mean prosecuting individual homes owners after the fact. Councilmember Jaech said she was attempting to address the concern of adjacent residents of being flooded dur- ing rain storms. Mr. Snyder said he could draft a Finding for construction limitation on the subdivider which would expire with the sale of the lots to the single family home owner. Councilmember Hall said she did not address the tree issue in the motion because she felt the Hearing Examiner adequately addressed it in his recommendations 3 through 6. Councilmember Jaech inquired if Staff felt that those recommendations were sufficient to insure that adequate drain- age precautions will be taken. Ms. Block said those recommendations address the tree issue until the lots are sold. She noted that the City has in effect a drainage ordinance which states that drainage cannot exit a site at a different.rate than presently exists. Councilmember Hertrich said although he was in favor of dedicated greenbelts, he was opposed to dictating what an individual lot owner may or may not do on his private property. MOTION CARRIED. HEARING ON APPEAL OF ARCHITECTURAL DESIGN BOARD DECISION REGARDING POLE SIGN AT 22130 HIGHWAY 99 D UG S LYNNWOOD ZDA) (APPELLANT: STEVEN BARNES/AP-31-897ADB-82-89) /P0V_1A50V� Planning Division Manager Mary Lou Block reported that on August 2, 1989 the Architectural Design Board reviewed a proposal for attached and freestanding signs at Doug's Lynnwood Mazda at EDMONDS CITY COUNCIL MINUTES Page 6 SEPTEMBER 5, 1989 22130 Highway 99. The freestanding sign was proposed to be located at the south driveway. (Edmonds Community Development Code section 20.60.040(E) calls for freestanding signs to be locat- ed as close to the center of the property frontage on the highway as possible). Ms. Block said the applicant's sign representative, Steve Barnes, requested in a previous propos- al that a freestanding sign for Doug's RV Repair (just south of the subject property) be placed near the RV repair's north property line. Ms. Block said the Board approved the signs at Doug's Lynnwood Mazda but called for the proposed freestanding sign to be moved to the north driveway entrance. The Board's reason was the proximi- ty of the freestanding sign to the proposed RV repair sign. Ms. Block submitted photographs of the site to the Administrative Clerk (marked Exhibit #1) for distribution to the Council. Steve Barnes, P.O. Box 1356, Everett, said there will be over 100 feet between the proposed sign on the car dealership lot and the sign on the RV repair lot, which is in ownership by the same person. Mr. Barnes said the sign is proposed to be located adjacent to the south entrance of the lot with a planter box underneath because it is the main entrance to the business and the owner wishes to attract potential customers. He said if the sign is located at the north end of the site, it will be next to the power lines and will be 4 feet lower in elevation. Mr. Barnes said it would then be necessary to lower the sign in order to clear the power lines, which he believed would be a safety hazard for trucks, and the visibility of the sign would be hindered by the trees. In addition, Mr. Barnes said southbound traffic may not be able to see the sign, thereby making it effective for northbound traffic only. He believed that a potential traffic hazard would be created if the sign was located on the northern end of the lot because motorists may only see the sign just before reaching the north entrance and they would abruptly reduce their speed in order to access the dealership. Councilmember Hertrich inquired if there was any reason why the sign could not be located in the middle of the property. Mr. Barnes said the lot is designed to accommodate a large number of cars, and a sign in the middle of the property would render some of that space unusable. Mayor Naughten opened the public portion of the hearing. No input was offered. Mayor Naughten closed the public portion of the hearing. Councilmember Kasper did not believe that locating the sign to the north was prudent because northbound traffic may not see the sign in time to negotiate the entrance. He thought the south end of the lot would be a more practical location because it would provide greater visibility and ample opportunity to turn into the dealership. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO UPHOLD THE APPEAL AND ADOPT THE APPLICANT'S PROPOSAL FOR PLACEMENT OF THE SIGN. MOTION CARRIED WITH COUNCILMEMBER HERTRICH AND COUNCILMEMBER JAECH OPPOSED. (Councilmember Nordquist left the meeting.) HEARING ON APPEAL OF ARCHITECTURAL DESIGN BOARD DECISION REGARDING READERBOARD SIGN AT 22214 HIGHWAY 99 DOUG S RV REPAIR) (APPELLANT: STEVEN BARNES AP-30-89/ DB-82-89 Planning Division Manager Mary Lou Block reported that on August 2, 1989, the Architectural De- sign Board heard a request for a new freestanding sign at Doug's RV Repair located at 22214 High- way 99. The sign was originally proposed for the middle of the Highway 99 frontage, but the applicant requested at the meeting that the sign be moved to 'a location near the property line. (Edmonds Community Development Code section 20.60.040(E) calls for freestanding signs to be locat- ed as close as possible to the center of the property frontage on the highway.) The Board ap- proved the sign upon deletion of the three readerboard lines. The Board referred to the applica- ble Edmonds Community Development Code sections in their motion. Ms. Block said Steve Barnes, the applicant's sign representative, appealed the requirement to eliminate the readerboard lines. Ms. Block noted that there are two existing signs that were not approved and should be removed. Steve Barnes, P.O. Box 1356, Everett, said he was not aware of those signs and apologized to the Council. Mr. Barnes said the Architectural Design Board (ADB) approved the location of the sign at the north end of the lot, as well as the design of the sign with the exception of the readerboard. EDMONDS CITY COUNCIL MINUTES Page 7 SEPTEMBER 5, 1989 He said the owner feels that three lines of readerboard would be helpful to his business and seeks approval of the readerboard. Mr. Barnes said the readerboard is tasteful and is in keeping with the City's goal to reduce clutter. Mr. Barnes said the proposed sign is indistinguishable from other similar signs that exist in the immediate area and is consistent with the business nature of Highway 99 and existing signs in the area. Mayor Naughten opened the public portion of the hearing. No input was.offered. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE FREESTANDING SIGN AT THE NEW LOCATION WITH THE READERBOARD LINES INTACT AT 22214 HIGHWAY 99 (AP-30-89/ADB-82-89). MOTION CARRIED. V REPORT ON RESCUE BOARD BID OPENING X Assistant Fire Chief Ron Schirman reported that the Council authorized the Fire Department to Q,QP call for bids on July 25, 1989 for a 19 foot rescue boat and motor. Bids were received from fJ Wilson Marine in Edmonds for $18,899 and from Aluminum Marine Construction Company in Tacoma for $16,622. Assistant Chief Schirman recommended that the Council authorize the contract to be awarded to aluminum Marine Construction Company for the boat and motor ($16,622) and also authorize the expenditure of approximately $2,336 for additional items and survival suits for a total expendi- ture of $20,480. Councilmember Hertrich inquired if one of the provisions of a previous motion made by Councilmem- ber Wilson to obtain an agreement with the Port of Edmonds for moorage before the bids were let has been accomplished. Mayor Naughten said the Port has agreed to provide moorage but the terms of the lease are in the process of negotiation. Councilmember Hertrich said although discussions have taken place with respect to the Port providing moorage for the boat free of .charge, he has reconsidered that issue and now feels that the City should rent the space because it would put the City in a better position. Councilmember Hertrich inquired how a victim will be lifted onto the rescue boat. Assistant Chief Schirman said because the boat will be custom made, a ladder with a davit can be made to .fit on the back of the boat. Councilmember Jaech said she was not opposed to the Port providing moorage for the rescue boat free of charge because it will also benefit the customers of the Port. Councilmember Kasper concurred. Councilmember Hertrich thought the issue of moorage should be discussed at a future Council meet- ing. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE BIDDING. MOTION CARRIED. Assistant Fire Chief Schirman said he would like to increase the rescue team by two more divers. He requested that the purchase of two additional dive sets be placed on a future Consent Agenda (approximately $2,000 each). He noted that approximately $5,000 is left in the boat fund. Because of a concern by Councilmember Kasper that funds were not appropriated in the budget for the consultant, City Attorney Scott Snyder stated that Mr. Page indicated that it is typical to attempt to assess the cost of 'a consultant back to the franchisee in the course of franchise negotiations. Councilmember Kasper said there are no monies in the budget. Mr. Snyder said the money will have to be identified from the City's budget initially because funds will not be available from the franchisee, if obtainable, until next year. Councilmember Dwyer inquired about the balance in the Council Contingency Fund. Administrative Director Art Housler said there is $194,000 remaining. Several Councilmembers questioned the fund balance because they believed a portion of that fund has already been expended. EDMONDS CITY COUNCIL MINUTES Page 8 SEPTEMBER 5, 1989 Councilmember Jaech recommended that the issue of funding be discussed next week because of a discrepancy of the fund balance in the Council Contingency Fund. Mr. Snyder noted that the con- sultant is scheduled -to conduct a technical analysis at a cost of approximately $3,000. He in- quired if he should ask the consultant to postpone that analysis. Councilmember Jaech replied negatively. Councilmember Jaech inquired from what other source the monies could be derived if there was not enough money in the Council Contingency Fund. Mr. Housler said the monies could be taken from the Unanticipated Retail Sales Tax of the General Fund. Councilmember Jaech said that fund could be reimbursed with potential revenues when the contract is settled or from the Council Contingen- cy Fund when the fund balance is ascertained. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO BUDGET THE $10,000 FOR THE CABLE TELEVISION CONSULTANT FROM THE UNANTICIPATED RETAIL SALES TAX OF THE GENERAL FUND. MOTION CAR- RIED. Mayor Naughten announced that an annexation meeting will be held at the Firdale Auditorium tomor- row at 7 p.m. Mayor Naughten said NLC has requested the City to appoint a voting delegate and alternate for the Atlanta NLC meeting. Mayor Naughten said he would be the voting delegate. Councilmember Jaech was selected as the alternate. COUNCIL Council President Kasper said the Edmonds Art Commission has donated the statue located at 120 - 2nd Avenue South to the City. He said it will be relocated next to the ferry lanes at the mini park. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ACCEPT THE DONATION. MOTION CARRIED. Councilmember Jaech noted that the Hearing Examiner is scheduled to review two accessory dwelling unit proposals on September 7. She said she was very anxious about that issue in general because the Planning Board has not submitted a recommendation to the Council yet. Jeff Palmer, Chairman of the Planning board, said a hearing on that subject is scheduled before the Planning Board on September 13th. In response to a question by Councilmember Jaech, City Attorney Scott Snyder said the Council could declare a moratorium by resolution for accessory dwelling units but it would extend only to applications that are on file. He said a public hearing would have to be scheduled. Because of a concern by Councilmember Kasper about the definition of an application, Mr. Snyder said State statute on zoning provides that rights are vested for zoning purposes when a completed application is filed for a building permit. He said the statute refers to "substantially com- plete". He noted that cities are given the ability to define "substantially complete". The hearing on a moratorium for accessory dwelling units was scheduled for September 18, 1989. Councilmember Hall inquired if a yellow flashing light at the intersection of 212th St. S.W. and 77th Pl. W. has been installed at the request of a concerned citizen. City Engineer Bob Alberts said no action has been taken to date, but the issue will be discussed by the Public Safety Com- mittee. In response to a question by Councilmember Jaech, Mr. Snyder said he sent a letter to Bob Ahlsdorf requesting that monies due the City be paid, plus interest, for back rental for the property that abuts the ferry dock or the City will bring an action to rescind the deeds. He said there has been no action taken in over two and a half years regarding the condemnation pro- ceeding and, to his knowledge, negotiations were not ongoing. Councilmember Jaech requested that the issue be discussed at an executive session on September 26. CONTINUED DISCUSSION OF EXEMPT POSITIONS CLASSIFICATION Councilmember Kasper noted that Councilmember Nordquist was not present even though a number of the questions were raised by him. Personnel Manager Brent Hunter submitted an exempt salary ranges data sheet to the Council. Discussion ensued regarding the salary levels. EDMONDS CITY COUNCIL MINUTES Page 9 SEPTEMBER 5, 1989 Councilmember Dwyer inquired why the Parks & Recreation Manager's position was classified at the same level as the City Engineer's position. Mr. Hunter said the marketplace study indicated that those two positions were comparable. Councilmember Kasper inquired if Community Services Director Peter Hahn felt it was necessary to classify the Parks & Recreation Division Manager's position as B-1 to attract qualified candi- dates. Mr. Hahn asked the Council why a qualified person would opt to work for the City of Edmonds at a salary level below market value. Councilmember Hall inquired if Mr. Hahn himself would classify the Parks & Recreation Division Manager's position and the City Engineer's position in the same salary level (B-1). Mr. Hahn said he believed that the City Engineer's position was a more vital function. Councilmember Jaech and Councilmember Kasper felt that the job qualifications and experience requirements for the City Engineer were more demanding than for the Parks & Recreation Division Manager. Mr. Hahn said in almost all other cities in Puget Sound a Parks & Recreation Division Manager is a department head and the City Engineer typically works for the Public Works Director. He said department directors are classified at a higher level than divisions managers, but he noted that the City's Parks & Recreation Division Manager is not classified as a department director in the City of Edmonds. Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEM- BER DWYER, TO REOPEN THE MEETING. MOTION CARRIED. Councilmember Jaech-felt the Administrative Services Director should be classified as A-1. Coun- cilmember Hall and Councilmember Kasper concurred. Because the Council questioned the classification. of the Wastewater Treatment Plant Supervisor, Mr. Hahn said the Wastewater Treatment Plant Supervisor's position (WWTP) was based on a very poor sampling of equivalents. Councilmember Dwyer inquired if that position will be more compara- ble to a construction engineer when the secondary treatment plant is operational. Mr. Hahn re- plied affirmatively. He said that position is very autonomous in the City of Edmonds, unlike other cities. City Engineer Bob Alberts said the WWTP supervisor has played an instrumental role in designing the secondary treatment plant and is involved in construction of the plant at the present time. He said in reality, the supervisor is the operator of the secondary treatment plant even though it is not completed yet. Councilmember Jaech suggested that that position be classified as C-2. It was the consensus of the Council to reclassify.the Administrative Services Director to A-1; Parks & Recreation Division Manager to B-2; and WWTP Supervisor to C-2, and they concurred with the other salary levels. The meeting adjourned at 10:15 p.m. THESE MINUTES ARE SUBJECT TO SEPTEMBER 18, 1989 APPROVAL. JAGQUELME G. PARRETT, City Clerk_ RY SCAMPTEN, jayoK EDMONDS CITY COUNCIL MINUTES Page 10 SEPTEMBER 5, 1989 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. SEPTEMBER 5, 1989 CALL TO ORDER FLAG SALUTE I. CONSENT AGENDA (A) ROLL CALL . (B) APPROVAL OF MINUTES OF AUGUST 22, 1989 (C) AKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM STEPHEN H. MCMANUS ($242.78+) AND FRANK J. GRUBER ($494.94) (0) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH GEORGE L. PAGE FOR SERVICES AS CABLE TELEVISION CONSULTANT ($10,000) (E) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT FOR SNOHOMISH REGIONAL NARCOTICS TASK FORCE (F) FINAL PLAT APPROVAL FOR 15-LOT SUBDIVISION OF PANORAMA POINT (P-5-85/EDMONDS DEVELOPMENT COMPANY) (G) PROPOSED RESOLUTION 689 PLACING ESPERANCE ANNEXATION ON NOVEMBER BALLOT 2. AUDIENCE 3. PRESENTATION OF PROCLAMATION TO POLICE DEPARTMENT FOR NATIONAL D.A.R.E. DAY 4. HEARING ON PROPOSED PRELIMINARY 5-LOT SUBDIVISION AT 533 6TH AVE. S. (P-2-89/SEAWOOD HOMES) 5. HEARING ON PROPOSED PRELIMINARY 11-LOT SUBDIVISION AT 9316 BOWDOIN WAY (P-3-89/STEINKE/LOVELL & SAUERLAND) 6. HEARING ON APPEAL OF ARCHITECTURAL DESIGN BOARD DECISION REGARDING POLE SIGN AT 22130 HIGHWAY 99 (DOUG'S LYNNWOOD MAZDA) (APPELLANT: STEVEN BARNES/AP-31-89/ADB-83-89) 7. HEARING ON APPEAL OF ARCHITECTURAL DESIGN BOARD DECISION REGARDING READERBOARD SIGN AT 22214 HIGHWAY 99 (DOUG'S RV REPAIR) (APPELLANT: STEVEN BARNES/AP-30-89/ADB-82-89) 8. REPORT ON RESCUE BOAT BID OPENING 9. MAYOR 10. COUNCIL 11. CONTINUED DISCUSSION OF EXEMPT POSITIONS CLASSIFICATION THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE ( 5 MINUTES) (45 MINUTES) (45 MINUTES) (20 MINUTES) (20 MINUTES) (10 MINUTES)