19770329 City Council Minutes5 STATEMENT OF NON -INTEREST IN UTILITY EASEMENT - BALLINGER AREA
(10:16 p.m.)
MOTION:
MOTION:
MOTION
Public Works Director Leif Larson reported by memorandum that several reservations of easements
for waterlines existed in the title for land on the south side of 238th St. east of Highway 99.
The City had been requested to release any interest in those easements in order to clear the
title, and the -Public Works Department had reviewed the matter and found the City had no legal
interest in -the easements and that they are of no practical value for extension of the City's
water system. Mr. Larson recommended that the interest in the easements be rel.eased..
A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS, THAT THE MAYOR BE
AUTHORIZED TO ADVISE THE TITLE COMPANY OF THE CITY'S NON -INTEREST IN THE EASEMENTS. MOTION CARRIED.
REPORT -ON PROTEST PETITION FOR 77TH LID PROPOSAL (10:17 p.m.)
Public Works Director Leif Larson reported that the protest petition for this LID contained some
of the same signatures as the original petition for the LID contained. City Clerk Irene Varney Moran
read her certification regarding the validity of ownerships and signatures on the protest petition,
indicating that of the 24 signatures 15 were shown on the records of the County Assessor's Office
to be the legal owners of the properties; and 14 of the signatures were registered voters. Because
some of the signers of the original petition appeared to have changed their minds, Mr. Larson
recommended that the City not proceed with the LID unless a new petition requesting it is received.
A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GELLERT, THAT THE CITY NOT PROCEED
WITH THE 77TH PLACE LID PROPOSAL UNLESS THE RESIDENTS SUBMIT A NEW VALID PETITION REQUESTING IT.
MOTION CARRIED.
There was no further business to come before the Council, and the meeting was adjourned to
Executive Session at 10:20 p.m.
IRENE'VARNEY MORAN, Cit# Clerk
March 29, 1977 (Work Meeting)
H. H. HARRISON, Mayor
The regular meeting of the Edmonds City Council was called to order at 8:45 p.m. by Mayor Pro tem
Phil Clement in the Council Chambers of the Edmonds Civic Center, following a 6:30 p.m. dinner at
the Riviera Restaurant. All present joined in the flag salute.
PRESENT
Phil Clement
Ray Gould
Max Gellert
John Nordquist
Robert Anderson
Tom Carns
Mike Herb
ABSENT
Harve Harrison, Mayor
STAFF PRESENT
J. Herb Gilbo, M.A.A.
Leif Larson, Public Works Director
Joe Wallis, Community Development Dir.
Irene Varney Moran, City Clerk
Lila Crosby, Finance Director
Jack Weinz, Acting Fire Chief
John Wallace, City Attorney
Wayne Tanaka, City Attorney
Jackie Parrett, Deputy City Clerk
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CONSENT AGENDA (8:46 p.m.) i •
A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE THE CONSENT
AGENDA. MOTION CARRIED. The Consent Agenda contained only the minutes of the March 22, 1977, meeting.
COUNCIL (8:47 p.m.)
Councilman Nordquist commented that there was a bid notice in the. Everett Herald of April 14 for the
properties the School District is putting up for sale, and the Edmonds Elementary School is included.
He asked if it is being considered in the space needs study. Mayor Pro tem Clement responded that the
Space Needs Committee will have a report regarding the appropriateness of both the Elementary School
and the Junior High School as they relate to space needs, and financing alternatives. He said the
Capital Improvements Committee will hear the report on Thursday, March 31, at 7:30 p.m. in the
Council Chambers. He said the Space Needs Committee will also have a report at next Tuesday's
Council meeting.
Councilman Gould noted that April 1 was the due date for turning irr the answers to several questions
asked in connection with the Council/Staff retreat.
Mayor Pro tem Clement mentioned again the Capital Improvements/Space Needs Committee meeting and
noted that a quorum of Councilmen probably will be present, so he asked that proper notification
be made of this meeting.
MAYOR (8:49 p.m.)
M.A.A. Herb Gilbo said the Staff would like to request that the Councilmen sit at the rostrum for
work meetings, rather than around the conference table. He commented that the Staff is in need of
a work area during these meetings and, although there were alternative measures that could be
taken, it had been suggested that the simplest would be that the Staff occupy the conference table
and the Council the rostrum. The response of the Council to this suggestion was not favorable.
They agreed the Staff did need work space and one suggestion was that the Staff occupy the rostrum •
• for work meetings. The general consensus was that the informality provided by sitting around the
conference table was necessary for the purposes of the work meetings..
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MOTION:
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ATTORNEY'S REPORT ON MEETING WITH PUD RE UNDERGROUNDING and
ATTORNEY'S REPORT ON IMPLICATIONS OF EFFECT ON ALL FINAL STREET IMPROVEMENTS, ARTERIAL AND RESIDENTIAL
9:03 p.m.
City Attorney John Wallace had prepared a memorandum regarding a meeting held with PUD representatives
on the subject topics. The'PUD representatives had indicated that the Commissioners' announced policy
was that, if cost of undergrounding their facilities exceeded what they had allocated for undergrounding
(2%. of the gross revenues from the City), they would endeavor to levy a surcharge against either those
abutting the improvement or City-wide. They felt their authority to do so was by inference from their
general rate -making powers. Mr. Wallace said.they are given broad rate -making powers and their legal
position was set forth in a follow-up letter to_the Councilmen, but the City Attorney.';s Office had not
yet had time to review their position in the authorities cited. He noted that there was no case right
on..point , and they were having to interpret. However, in the past the Supreme Court has given them
liberal interpretations of their powers. Mr. Wallace said the PUD position could be reviewed by his
office this week and he could finalize his report at next week's meeting. A favorable comment was
made about this meeting with the PUD representatives and it was hoped that other opportunities for
such discussions would be taken. It was noted that the PUD had been most fair in the past and that all
attempts to 'resolve problems by such discussions should be pursued.. It was agreed that the City
Attorney would continue his report at the April 5 meeting.
DISCUSSION: WHETHER IT IS APPROPRIATE FOR THE CITY TO BE A MEMBER OF THE SOUTH SNOHOMISH COUNTY
CHAMBER OF COMMERCE WHEN THAT BODY TAKES STANDS ON ITEMS AFFECTING THE CITY OF EDMONDS (9:21 p.m.)
Councilman Gellert had suggested this topic be discussed. He said he was concerned because the City
is a member of the Chamber and they recently took a position in relation to the City's proposed sign
ordinance --that is, they are taking up issues about matters coming before.:the''Council. He questioned
the value of being a member of a body that takes such positions. He also questioned the value, to
the Chamber or to the City, to have the City of Edmonds a member of the Chamber of Commerce which is
a body that speaks for commerce, or a relatively small segment of the population. Councilman Carns
responded that there are 77 businesses in the City of Edmonds and approximately 1,400 employees who are
members of the South Snohomish County Chamber of Commerce. He said some of the members had inquired
whether the Chamber could establish an ad hoc committee to look into the proposed sign ordinance. He
said the Chamber had set up an ad hoc committee of Edmonds businesses and they had gotten together as
a part of the Chamber to study it. He thought the Chamber had done a lot of the work the Council would
have, and capsulized it. He felt the City should be a part of the Chamber and get input. He felt
strongly that the Chamber should be supported. Councilman Gellert was in agreement, except for being
a member. He commented that the citizens' money was being used for the City to be a member of the
Chamber. Mayor Pro tem Clement added that he thought it incongruous that the City would be a part of
an organization.that has lobbying as a part of its charter. Councilman Herb, however, commented that
it is one group that 'is a forum for the whole of South County. He thought it was important that just
because a group takes a position that the City not run away from it just because there is a difference
of opinion. After some discussion, A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN HERB,
THAT THE CITY CONTINUE ITS MEMBERSHIP IN THE SOUTH SNOHOMISH COUNTY CHAMBER OF COMMERCE. MOTION
CARRIED, WITH COUNCILMEN GELLERT AND CLEMENT OPPOSED. Councilman Nordquist had departed the meeting
prior to the vote.
DISCUSSION: WHAT THE ROLE OF THE AMENITIES DESIGN BOARD SHOULD BE IN DETERMINING THE AESTHETIC
APPEARANCE OF SIGNS IN THE CITY (9:51 p.m.)
Community Development Director Joe Wallis indicated this topic probably arose over the recently
proposed sign ordinance. He said it had been the Planning Department's position that the Board could
be more useful if it could be applied to matters other than signs, provided the sign ordinance was
drafted to 'reflect the principal concerns of the Amenities Design Board. He said the principal
discussions over signage when it comes before the Board have to do with size and height, and when it
comes to critical review of the design itself it is difficult to`do more than suggest, as it has been
difficult to determine just how much power the Board has. He said the Planning Staff feels that sign
review --if it is properly covered by the Code and is administered by the Staff --would be more effective
use of resources and personnel, as well as more effective use of the Amenities Design Board, if the
Board is taken out of sign review. In answer to a question, Planning Technician Mary Lou Block in-,
dicated that since inception of the Board on January 3, 1974, there had been 210 actions taken, with
4 appeals to the Council. Two of the appeals were overruled, but they were not sign questions.
Councilman Carns commented on the excellent job the Board has done and said he would not want to
interfere with what -they are doing. Councilman Gellert, who had posed this.subject for discussion,
noted that about a year ago the Council had held a joint meeting with the Amenities Design Board
and the Board had expressed their concern about the sign ordinance and the problems they had
interpreting it. Councilman Gellert said his view was that the sign ordinance did need work so the
rules would be more clear. He said it is his view, and was at that time, that much that has to do
with signs involves aesthetics and you cannot write aesthetics into an ordinance. He felt that it
would not be possible to write a sign ordinance in such a way that the excellent review the Board
gives these signs would not still be beneficial. Mr. Wallis said they have tried to get the
Amenities Design Board into.having a contribution towards ordinances but they are so occupied
reviewing signs that it has been difficult to get them into the regulatory process. It was suggested
that the Board might have a meeting once a month, or even once a quarter, when they would discuss only
ideas that they would send to the Councilmas resolutions. Mr. Wallis interjected.that any ideas from
the Board should go to the Planning Commission, and then to the Council. Councilman Gould felt the
sign ordinance must be one that is simple for anyone.who has to work with it to comprehend and
administer. He felt it vital that the Amenities Design Board continue in their role, saying he had
attended their meetings and found them to be doing a fantastic job --that they are dedicated and
skilled. Mr. Wallis responded that he would like to see the role of the Board strengthened.
6o
MOTION: A MOTION WAS MADE BY COUNCILMAN GELLERT,.SECONDED BY COUNCILMAN CARNS, THAT IT BE RECOMMENDED TO THE •
DIRECTOR OF COMMUNITY DEVELOPMENT, FOR THE PURPOSE OF HELPING TO DRAFT THE SIGN ORDINANCE, THAT IT
IS THE CONSENSUS OF THE CITY COUNCIL THAT THE AMENITIES DESIGN BOARD SHOULD CONTINUE TO REVIEW ALL
COMMERCIAL SIGNS IN THE CITY OF EDMONDS AS PREVIOUSLY, ALBEIT WITH BETTER ORDINANCE GUIDELINES AS TO
MOTION: THE DETAILS. MOTION CARRIED, WITH COUNCILMAN HERB VOTING NO. A MOTION WAS THEN MADE BY COUNCILMAN
CARNS,'SECONDED BY COUNCILMAN GELLERT, THAT THE CITY COUNCIL RECONFIRM ITS SUPPORT OF THE AMENITIES
DESIGN BOARD AND THAT THE BOARD BE ENCOURAGED TO BRING TO THE COUNCIL THEIR AREAS OF CONCERN TO BE
INCORPORATED INTO ORDINANCES. Councilman Gould commented that it is clear from the discussion this
evening that -the Council's actions in the future'should be aimed at providing the Amenities Design
Board with time in their meetings to work towards the end of proposin,g legislation to the Council
and that the Council intends to do that by simplifying the sign ordinance in some basic areas that
will provide them a faster sequence in their meetings. THE MOTION THEN CARRIED, UNANIMOUSLY.
There was no further business to come before the.•council, and the meeting was adjourned at 10:25 p.m.
Ire e Varney Moran, f7ity Clerk Phil Clement, Mayor Pro tem
April 5, 1977 •
The regular meeting of the Edmonds City Council was called to order at 7.:35 p.m. by Mayor
Harve Harrison in the Council Chambers of the Edmonds Civic Center. Al] present joined in the
flag salute.
PRESENT ABSENT STAFF PRESENT
Harve Harrison, Mayor Tom Carns J. Herb Gilbo, M.A.A.
Ray Gould Leif Larson, Public Works Director
Phil Clement Joe Wallis, Community Development Dir.
Max Gellert Irene Varney Moran, City Clerk
John Nordquist Lila Crosby, Finance Director
Robert Anderson John Wallace, City Attorney
Mike Herb Wayne Tanaka, City Attorney
Jackie Parrett, Deputy City Clerk
CONSENT AGENDA (7:36 p.m.)
Councilman Gellert asked that Item (F), Receipt of Claim for Damages from Kim G. McShane, be removed
MOTION: from the Consent Agenda for clarification. A MOTION WAS THEN MADE BY COUNCILMAN GELLERT, SECONDED
BY COUNCILMAN NORDQUIST, THAT THE BALANCE OF THE CONSENT AGENDA BE APPROVED. MOTION CARRIED.
The balance of the Consent Agenda contained the following:
(A) Roll call.
(B) Approval of Minutes of March 29, 1977.
(C) Authorization to call for bids on purchase of water meters for 1977. •
(D) Authorization for Mayor to execute Amendment to Interlocal Agreement for
Lake Ballinger Study.
(E) Authorization to institute suit regarding Durfee/City/Alia claims.
(G) Acknowledgment of receipt of Petition for Annexation, vicinity of 180th S.W.
between 72nd and 76th.
(H) Set May 3, 1977 for hearing of Preliminary Plat of "Brockman Park."
ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM KIM G. McSHANE [Item (F)) on Consent Agenda]
Councilman Gellert indicated the claim was not clear as to property not returned to the claimant.
The Police Chief was not present and Community Development Director Joe Wallis had some knowledge
of the situation and indicated the claimant's automobile -had been impounded by the Police Department
and had contained some goods. When he recovered the automobile the goods were not in it and that
MOTION: was the basis of his claim. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN
CLEMENT THAT ITEM (F) ON THE CONSENT AGENDA BE APPROVED. MOTION CARRIED.
COUNCIL (7:37 p.m.) -
Councilman Gellert noted that the POD had installed a rather unsightly utility pole and transformer
at the Steinman property and that property to the left of him when looking up the hill. Councilman
Gellert inquired as to whether that was covered by the undergrounding policy on new developments.
He said the pole is in the City right-of-way. Public Works. Director Leif Larson responded that
when a plat or subdivision is involved it is required that they go underground, but when it is a
single property and the surrounding area has not undergrounded they are allowed to go overhead.
Mr. Larson said he.would investigate this and report on his findings.