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19830802 City Council Minutes204 July 26, 1983 - continued • to offer the City or the City Council or both. She reviewed his credentials and some of the th.ings he has done, and she said he had talked about challenges in local government and the need for flexibility. She thought he would be excellent for a retreat. Councilmember Gould suggested that the Council President determine a fall retreat date and then they.could work from that. DISCUSSION ON FIREWORKS REGULATION WITHIN CITY LIMITS Fire Ch.ief Jack Weinz stated that there were 27 fire calls that were caused by fireworks from June 25 to July 6 and an estimated loss of $19,500. Total additional wages paid for July 4 was $914.62, and extra fuel cost for that day was $150. He said those costs were only because of fireworks in the City of Edmonds. Councilmember Gould asked how well tested the law has been as to banning fireworks in a city, and he suggested that possibly Edmonds should.be the one to test it. City Attorney Wayne Tanaka responded that it is well established that the City cannot prohibit what the State laws allow. Councilmember Gould observed that since all of the other alternatives are very weak, the easiest thing to do is to say there will not be any fireworks, but Mr. Tanaka said it was very unlikely that they would be able to prevail on something like that. Chief Weinz said something definitely should be done as they have no control now. He suggested.possibly restricting where they can be discharged or the hours they can be discharged. Mr. Tanaka said they have to be controlled at the point of sale and the City cannot do that because there are so many places outside of the, w City where they are sold, and especially the Indian reservations. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER KASPER, THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT AN ORDINANCE STATING THE CITY OF EDMONDS SUPPORTS THE STATE LEGISLATURE'S RETURNING TO SAFE AND SANE FIREWORKS AND ATTACH THE LIST OF FIRES AND DAMAGE AS TYPICAL OF WHAT CITIES EXPERIENCE. MOTION CARRIED. FINANCE COMMITTEE MEETING (A) REPORT ON MID -YEAR FINANCIAL STATUS/SALES TAX EQUALIZATION REVENUE Finance Director Art Housler reviewed his written Mid -Year Financial Status Report which showed that • the financial status of the operating funds is good, as compared to the previous two years, and he said this is mainly because of the sales tax equalization revenue. B) DISCUSSION REGARDING COUNCIL SALARIES Figures were provided reflecting Council salaries .in other local cities. After a review, COUNCIL - MEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ADOPT THOSE OF LYNNWOOD'S HIGH SIDE WHICH IS $200 PER MONTH BASE AND.$45 PER MEETING FOR THE FOUR POSITIONS UP FOR ELECTION. MOTION CARRIED. COUNCILMEMBER NORDQUIST THEN MOVED, SECONDED BY COUNCILMEMBER NAUGHTEN, THAT THE COUNCIL PRESIDENT AS OF JANUARY 1984 RECEIVE $300 AS A BASE PLUS $45 PER MEETING. Councilmember Hall thought that to be way out of proportion compared to the work the other Councilmembers do. She said the Council office is vacant and is utilized 1 - 1 1/2 hours a week by the Council President. THE MOTION CARRIED, WITH COUNCILMEMBER HALL VOTING NO. (C) DISCUSSION REGARDING 1984 COUNCIL BUDGET This item was deferred until August 23 because it refers to the Council Contingency Fund and there was no urgency. COUNCIL The proposed job description for the Council Resource Person was circulated for approval. COUNCIL - MEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER NAUGHTEN, TO PROCEED WITH THE DOCUMENT WITH THE AMENDMENT THAT SHORTHAND AT 80 WPM BE DESIRABLE RATHER THAN REQUIRED. MOTION CARRIED, WITH COUNCIL - MEMBERS HALL AND KASPER VOTING NO. There was no further business to come before the Council, and the meeting adjourned at 11:10 p.m. IRENE VARNEY MORAN, City6Clerk HARVE H. HARRISON, Mayor August 2, 1983 The regular meeting of the Edmonds City Council was called to order at 7:40 p.m. by Mayor Harve Harrison in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag salute. PRESENT STAFF PRESENT Harve Harrison, Mayor Jim Adams, City Engineer John Nordquist Jeff Ristau, Accounting Supervisor Jo -Anne Jaech Duane Bowman, Assistant City Planner Bill Kasper Marlo Foster, Police Chief Ray Gould Jack Weinz, Fire Chief Katherine Allen Rhonda March, Public Works Office Administrator j Laura Hall Steve Simpson,..Parks and Recreation Director Larry Naughten Pat LeMay, Personnel Director Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk • 2 n@'T • August 2, 1983 - continued MAYOR Mayor Harrison read a letter from, Student Representative Tony Foss saying he will be leaving for college next week and expressing appreciation for the opportunity of serving as Student Representa- tive to the. Council. Councilmember Gould commented that Tory Foss has been one of the outstanding Student Representatives and has given the Council some unique insights, and that he has appreciated Tony's presence on the City Council. Councilmember hall added that his insights into aIult problems were especially keen. The Council had already passed a resolution of comrendiation -for him and that will be sent to him. Mayor Harrison read a proclamation declaring August Performing Arts Honth, and then he presented it to Arts Commission Chairm;.n Jerry hard. Mr. Ward thanked the City for continued support of the performing arts. Mayor Harrison announced that the Burlington herthern Foundation has made a. �10,000 grant to the City of Edmonds for the emergency fire/rescue service for the waterfront. A .resolution will be prepared in appreciation of the grant. Mayor Harrison read aloud a letter he had written than!<ing Jerry rilert for the "kleicome to Downtown Edmonds" sign whi c'r, he created and gave to the City. COUINCI LHEMIBER NA:UGHTEN MOVED, SECONDED BY COUNCILMEMBER ALLEN, THAT A RESOLUTION OF COMMENDATION BE DRAFTED �:Pi Rf:CCCdIITION r'F Tf1E GIFT. MOTION CARRIED. Mayor. Harrison called on Police Chief 11arlo Foster to discuss a problem which had arisen regarding the hot air balloon proposed for the upcoming "Taste of Edmonds" function.. Chief Foster explained that the application; had been received to tether a hot air balloon on August 13-14 in conjunction with the "Taste of Edmonds," but the ordinance recently passed regulating such u-se restricts the use • to commercial zones. i-'e suggested an amendment to the ordinance be considered, and a or000sed amendment was provided, which would allow such use also on publicly owned property designated for school or recreational uses. Ie said when the original ordinance was passed it was because of the concern for safety and noise, and he was comfortable with this proposed amendment. Councilmember Jaech noted that if there is any wind the balloon can shift and could coo into po-wer lines. Chief Foster said the balloon operator 1.011 cancel if there are unsafe winds. rouncilmember Gould asked what the liability of the City would ae if there !!ere an accident, and Councilmemt)e r Naughten said the City will be held harmless and the function has insurance. City Attorney 'nlayne Tanaka said he did not believe that permitting it to go on i.•!ould subject the City to liability; that there may be a possibility of liability if the City is negligent-, but just because it allows them to operate the balloon would be rather thin liability. COUNC1LE9Ei13E? NAUGHTEN 'MOVED, SECONDED BY COUNCILMEMBER HALL, TO PASS ORDINAJCE 2338, AMENDING SECTION 4.80.020 OF THE ED!IONDS CITY CODE RELATING TO AIRCRAFT LANDI14GS TO ALLOW SUCH USE ON PUBLICLY OWNED PROPERTY DESIGNATED FOR SCHOOL OR RECREATIONAL USES, SUBJECT TO THE CITY ATTORNEYS REVIE 11IiV3J TEE CONTRACTS REGARDING THE HOT AIR BALLOON RIDE. MOTION CARRIED. It was noted that this will be allowed only on permit. Mayor Harrison called on Personnel Director Pat LeMay to discuss another request for authorization of additional public service projects. Mr. LeMay said this was being presented on short notice because there are eight public service project workers who trill run out of work shortly since the Yost Park proposal presented last week was denied. He provided the particulars for four projects and reviewed them. In answer to a question, he said they are monitoring closely to assure that each of the employees -is kept in a temporary status by the number of hours worked, this to preclude their getting into a paid benefit status. Councilmember Gould said the Council had not denied the Yost Park project but had asked that it be remanded to ;, e staff for additional information so the Council could make the determination as to whether the work would make the improvements of a permanent nature so they would not be destroyed again. He asked if that was a high priority ;project. Mr. LeMay said it was perceived, in talking to the staff, that these projects probably have equal if not more priority and, further, that they :flight be more saleable to the Council. Councilmember Kasper • not;ed that some of -the new projects have a lot of dollars in capital improvements rather than labor and the purpose of the program was 'to produce jobs, not to do capital improvements. 1r. LeMay responded that most of the projects have been labor intensive but it was perceived that this was something that could not be done with existing staff. Councilmember Kasper maintained that the Council had budgeted the $65,000 primarily to create as many Jobs as possible. Councilmember Jaech noted t'riat there had been a request to beautify the island at 9th and gaspers, and she thought that would be the kind of project that would be included in the project. i•1r. Le'••1ay lthought Projec,. T" on the list proposed this Peening would encompass that. Councilrilember Ai1en was concerned that last week the Council had asll�d for more definition of the Yost Park project and instead a number of new, proposals were presented for which the Council needs more definition and more time to consider. She was not in favor of the capital additions coming out of tle public service projects. Counci1gie-tuber Nordquist thought Project VIII (Mathay '.1allinger Park and street clean-up 'to deter rat population growth) should be turned over to the Health Department. Also, he said the parks are being used more all the time and he would like to see their use promoted. Councilmember Gould felt this evening's proposals had the appearance of a "make work" project since last week's proposals were the two of highest priority and when one was remanded four more were proposed in its place. He was concerned about the changes in priority. Councilmember Nordquisst suggested the Council make, a priority list and see if it matches that of the administration. 'rle co:ffmented, regarding Yost Park, that there was a time when there were real concerns about the trails in the park because of the illicit activities going on in the park. Councilmember. Gould maintained that the staff should indicate what is their highest priority, and if the Yost Park was the highest priority they should say so, and he said the Council had only asked for more information. Mr. LeMay !�esponded that the perception of the staff was that it would be difficult to convince the Council that Yost Park should be funded because the staff cannot guarantee that rebuilding of the bridges and trails will be permanent or that they will not be damaged or have to be replaced down the road, and they considered that a stumbling block. Regarding "make work," he said the staff has tried to come .up with meaningful projects, and Mayor Harrison said he thought any of the five projects were fine, and if the Council did not want the Yost park project done he thought they should do those presented this evening. He said he was at City Park last week and every shelter was takan and almost every table, so he thought these facilities were needed. Councilmember Naughten asked the difference in cleaning up Maplewood Park or doing the August 2, 1983 - continued • Yost Park project, and Mr. LeMay said it was cost --taking 700 hours for Maplewood Park or $15,000 for the Yost Park project. Councilmember Gould said he had anticipated 'that the staff would come back and say they would make the improvements in Yost Park more permanent. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO DO PROJECT VIII (MATHAY BALLINGER PARK AND SURROUNDING STREET CLEAN-UP) AND PROJECT III (ADDITIONAL TIME ON MAPLEWOOD PARK.TRAILS) AND TO ASK FOR A DETAILED REPORT ON AUGUST 9 AS TO WHAT CAN BE DONE IN YOST PARK WITH THE REMAINING FUNDS. Council - member Naughten opposed the motion because he thought Project VII (City Park --Cleaning and building of new picnic shelter area) was of more value than the others, and he thought they should have something to show for what they are doing with these funds. Councilmember Jaech wondered if the costs of capital improvements in Project VII could be taken from another fund. Councilmember Kasper said he had not included that project in his motion because he did not believe the capital improvements should be included. Mr. LeMay said something is needed.for the next week or two for the four people on the Maplewood project, and once the storm drain item starts in August four people will come from the Employment Security Office. THE MOTION CARRIED, WITH COUNCILMEMBER NAUGHTEN VOTING NO. Councilmember Hall said she only voted for this to keep it going, and that the staff knows more than the Council about this and it should be up to them. Mayor Harrison next brought up the subject of the North Meadowdale sewer project, and he read a letter from Marc Krandel, Block Grant Coordinator of the Snohomish County Planning Division, which set forth their final position regarding the funding of the project with block grant funds. They determined that HUD's determination was final that Edmonds is out of compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, with regard to the sewer easements, and therefore they offered Edmonds three options, one.of which was to demonstrate com- pliance with that act, the second would require two bid documents, and the.third was to apply the block grant funds to the projects originally funded and later sacrificed for the sewer project. . Mayor Harrison also provided a letter from Reid -Middleton, indicating the project would run approxi- mately $100,000 more with the two bid documents. It was decided to place this item on next week's agenda and the staff was requested to suggest some options. COUNCILMEMBER KASPER MOVED, SECONDED BY • COUNCILMEMBER NORDQUIST, TO PLACE THIS ITEM ON THE AUGUST 9, 1983 AGENDA. MOTION CARRIED. Council - member Nordquist suggested that help be sought from both State and Federal. legislators. Mayor Harrison asked Assistant City Planner Duane Bowman to discuss another item which possibly should be placed on an agenda. Mr. Bowman said a petition was received from property owners in the north end regarding a pedestrian walkway on the extension of 69th Pl. W. between 174th and 176th S.W. The neighbors have been experiencing vandalism and problems with bicyclists and motorcyclists and they want the walkway closed. Mr. Bowman said bars with a turnstile could be installed to discourage bicyclists and motorcyclists and the walkway could be signed for pedestrians only, but that would not take care of the problem of vandalism. COUNCILMEMBER HALL MOVED, SECONDED BY COUN- CILMEMBER GOULD, THAT A PUBLIC HEARING BE HELD AUGUST 16, 1983 ON THIS ISSUE AND THAT THE STAFF FURNISH INFORMATION AS TO WHY THE PUBLIC WALKWAY WAS BUILT INTO THE DEVELOPMENT AT THE BEGINNING. MOTION CARRIED. Councilmember Jaech asked if there are other vandalism problems in the neighbor- . hood. AUDIENCE Floyd E. Smith, 814 Dayton, announced that on August 6 the Edmonds Museum will be open 1:00 - 4:00 p.m. to celebrate its.tenth anniversary, and he invited everyone to attend the celebration.. Peggy Harris, 721 Sprague, said she had been frustrated after last week's discussion of the ball - field lights because it was a work meeting and she was unable to.respond to some statements made. She said they are not chasing the children out of Edmonds and it is not the lights, per se, that they are complaining about, but it is the lights that exist today --not the old ones. She said the children did all right with the previous lights, but it.is not the children who use the field much, it is the adults. She felt that the fields have been booked too heavily with out-of-town people -- adults. She stated that the lighting study says the complaints of the neighbors are regarding glare, and she felt that the old lights were not inadequate for a small.town for use by youngsters. • Further, she said not one word was said about the ordinance regarding noise and glare adjoining residential areas. She mentioned the previous Saturday and Sunday when she said the noise from the field was so bad they had to close their windows and doors and could not enjoy being outside, and the noise never stopped. .She suggested that the baseball diamond be moved back behind the Boys' Club as that would help alleviate the noise and the traffic. She stressed that she is not against sports and was not trying to put children out of Edmonds, but she wanted the lower light poles and lights returned or else the lights turned off. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCIL - MEMBER GOULD, THAT THE PARKS AND RECREATION DIRECTOR PROVIDE A REPORT ON A GUST 30 TO INCLUDE WHO USES THE FIELD AND WHAT THEY PAY AND WHAT ARE COMPARABLE FEES BEING CHARGED IN OTHER COMMUNITIES. He also asked for a copy of the letter written by the City Attorney's office regarding the ordinance , on glare and noise to which Mrs. Harris referred. MOTION CARRIED. CONSENT AGENDA Items (D), (F), (H), and (I) were removed from the Consent Agenda. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, 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 July 26, 1983. (C) Final acceptance of work by Porter Construction for Civic Center tennis court and setting of 30-day retainage period. (E) Final. approval of 4-lot subdivision at southeast corner of Bowdoin Way and 88th Ave. W. (P-1-83/Finnigan) (G) Final approval of 9-lot subdivision at 8820 Main St. (P-1-82/Nelson) 2n7 August 2, 1933 - continued ACKNOWLEDCMENIT OF CLAIMS FOR DAPIAGES FROM JOHN HERTPICH ($269.74) AND KEVIN GOODHAN ($61.00) [Item (D) on Consent ".genda_, Councilmember Nall could not read the claim of John Hertrich, and she was provided a better copy, following v�hich COUNCILMEMBER HALL. MOVED, SECONDED BY COUNCiLMEMBER GOULD, TO APPROVE ITEM (D) ON THE CONSENT AGENDA. Courcilmenfier Naughten referred to the claim of Kevin Goodman and said it appeared there may be a safety problem. COUNCILMEMBEP NAU GHTEN MOVED TO AMEND THE MOTION, SECONDED BY COUFICILHEMBEP, COULD, TO INCLUDE. THAT THIS ITEM BE REFERRED TO THE SAFETY COMMITTEE. MOTION TO AMEND CARRIED. THE MAIN MOTION, AS AMENDED, THEN CARRIED. APPROVAL OF PURCHASING-; POLICY Councilmember Gould asked if the rest of the staff was involved in the decision to formulate the policy. Playor Harrison responded that it was discussed at the staff meeting. COUNICILMEMBER GOULD MOVED, SECONDER BY COUNCILMEMBER HALL, TO ACCEPT THE POLICY STATED IN THE FINANCE DIRECTOR'S MEMO OF JULY 1S, 1933, WITH THAT UNDERSTANDING. (This pertains to purr_hasing of supplies, materials, eouiDment, and professional services which are not being procured in connection v!i th a oubl i c works or improve- ment project. ) VOTION CARRIED. REVISION OF 3--HOUR PARKING P, ISTRiCTiON ON BELL >T. f Item M on. Consent Agenda] The revision ;,gas pro^osed to accommodate Pugetview properties, lor_a.tFd at 530 Bell St., where there is unrestricted parking and vehicles earl. early in the morning and remain all dav, precluding any customer parking. The recommendation was to remove the 3-hour narking_ limit from the south side of Plell St. from 3rd to nth, and establish a 3-hour narking limit on the south side of Bell St. from the westerly curb of Eth to 165' west of 61;". This change 1;;ould alloyi for customer parking in front of :his business and not decrease all-daypurkina for d^,wnto-wn employees. Councilmember Gould • questioned the map which" showed the location of the pronosa.l, and City Engineer Jim Adams distributed new r.ia.ps, saying there an error in the one previously provided. Councilmember Gould wondered if this would be the hegiining•of undoing the uniform parking police which had recently been established in this area. Mr. Adams responded. that when the Public Works and Engineering Departments moved to the Civic Center that caused a need for more staff parking all day, so the business district there doe-. not have parking most of the day. He said this proposal will move approximately the same amount of °-hoar parking to another location. Councilmemher Gould asked if there are other businesses that may a.sl: for this same exception, and Mr. Adams said none have asked for it vet. Councilmember Nordquist saw no reason to change the area between 3r.d and 4th to unlimited -parking. 'COUNCILMLMB ER NOR.DQUIST MOVED, SECONDED BY COUNCiLMEMBEP. COULD; TO CHAN(IF. THE AREA BETWEEN 5TH AND 6TH (FROM 14ESTERLY CURB OF 6TH TO 165' WEST OF 6TH) TO 3-01'!R PARKING. MOTION CARRIED, WITH COUNCILMEMBER ALLEN VOTING NO. She did not think five spaces were needed for one business. PROPOSED ORDINANCE INCREASING COUNCIL SALARIES FOR THOSE ELECTED TO TERMS BEGINNING JANUARY 1, 1984 [Item (I) on Consent Agenda] _ Councilmember Hall removed this item from the Consent Agenda, and she asked Personnel Director Pat LeMay to elaborate_ on his memorandum. He noted that the Council had based the new salaries on Lynnwood's salaries but Lynnwood's salaries will he increased in 1984, and he was only providing that information for their consideration. Councilmember Nordquist, :who had made the motion, said he was cognizant that Lynnwood would have a new rate but he thought that was too high. He said he intended his motion to 5e as set -Forth in the proposed ordinance but that the $45 would be.per diem. Councilmember Hall thought that was too high and that the Council President's salary was too high. There was a question as to whether the per diem aspect would be legitimate, and Mr. LeMay said the RCW allows for per diem compensation which is tax immune, as opposed to payment per meeting, but Lynnwood is now on a per meeting basis and is considering per diem. There was still the question from some of the Councilmembers as to whether the IRS would accept that. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER NORDQUiST, THAT THE SALARY READ "PLUS $45 PER DIEM PER CITY COUPICIL • MEETING ATTENDED." Councilmember Gould thought that was too much, saying that going to $200 plus $45 is an 18% increase all by itself for the first year. He thought it was not the intent of per diem to be used in this fashion. He tho:jght the $45 per.meeting was all right because they :would not get paid when not present, but he could not support the per diem aspect. THEE SECOND 1HAS WITH- DRAWN, FOLLOWING WHIC'ri THE i vTIO v '" wIThDRAWiv. I UivCILi 1 IM'ER GOULD (MOVED, SECONDED GY COUNCIL - MEMBER HALL. TO ADOPT ORDINANCE 2389 AS SUBMITTED. Councilmember Allen noted that the Council President will receive $100 per month which is, in effect, a 50% cut, but Councilmember Nordquist said a Council Resource Person will be hired and the Playor will be fUll-time, so that should reduce the burden on the Council. Councilmember Allen computed that at approximately four hours per week it works out to $6.25 oer hour. THE MOTION CARRIED. HEARING ON APPEAL OF ADB APPROVAL OF EXISTING SIGNS FOR BEAUTY SALON AT 21108 HIGHWAY 99 (APPELLANT: SHIPPFN) Minutes of the ADB hearing under appeal were provided to the Council. The applicants had proposed retaining their nonconforming signs on the basis that their shop is set back a great distance from the highway and would not be seen. The AOB's decision was to'approve the existing freestanding sign (which meets the height limit but is oversize), provided the roof sign is removed and a window sign of no more than 10 sq. ft. is substituted, and this decision was appealed by Natalie Shippen because it allows nonconforming signs to remain although the square footage is twice the amount allowed by code. Her letter of appeal also was provided. Assistant Cit;/ Planner Duane Bowman also noted that the applicant has only ovined the business for 1 - 1 112 years and was unaware when he purchased the business that his signs were nonconforming and must be brought into conformance at a stated time. In the period following this particular ADB hearing, the Planning Board had met to discuss signs on Highway 99 and had passed a motion to recommend to the Council that required compliance of non- conforming signs on Highway 99 be suspended until further study and consideration of the anpropriate sian requirements,. including.exploration of cooperation and uniformit. bet�xnen ,urisdictions adjoining Edmonds. The Planning Board wants to review the sign situation on Highway 99 and had set a special meeting to start that review. Mr. Bowman read aloud the letter of appeal, following which the • hearing was opened. 208 August 2, 1983 - continued Natalie Shippen, 1020 Euclid, said she thought the question before the Council was whether this was an unusual situation and a justifiable one that a small business with high turnover of business and being set back from the street should be granted a variance, and would that apply to all small businesses in that situation, and would that mean a large business up against the street should not be granted a variance. She thought there should be consistency. Councilmember Gould asked her what she would like to see happen, and she responded that in this particular case she did not think it was her responsibility, but it is the responsibility of the ADB to see that signs are well done, and in doing that the signs should comply with the Sign Code. She said there are a great deal of exceptions granted to the Sign Code, and she did not think the ADB should grant variances. She noted that the Sign Code does allow differences in different areas and she did not think the ADB needs to have further discretion. She did not have an opinion in this specific case, and she said they all sound very good when you hear them and she could see why so much time is spent hearing them. Council - member Gould thought the Council had given reasonable direction at its meeting with the ADB that it wanted the Sign Code rigidly enforced. He did not think the pole sign was necessary, having visited the site. He said he did not even see the pole sign at first. He thought the roof sign was very close to the code requirement and that it would be better to take down the pole sign and leave the roof sign, and he thought that would be rigidly enforcing the code and still giving the owner good signage. He did not think they should delay enforcing the conformity of the Sign Code. Council - member Kasper said the Harbor Square signs are affected too, as all of those buildings are set back, and Councilmember Hall noted that Harbor Square is in a different traffic situation from that on Highway 99. She said she goes there all the time and she sees the pole sign. She thought the Council had the ADB in a bind because of the Highway 99 situation, and that the ADB acted prudently in this case on the individual case basis. Councilmember Allen thought Ms. Shippen had a good point to make in stating that variances should go to the Hearing Examiner and not be granted by the ADB. She also thought that the information regarding the nonconformance of the signs to be the responsibility of the buyer. COUNCILMEMBER ALLEN.MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER HALL, THAT THE DECISION OF THE ADB BE OVERTURNED AND THAT THE REQUIREMENTS OF THE SIGN CODE BE APPLIED. Council- • member Hall noted that the previous owner may have received the first notice, but the new owner only just received the notice of requirement to conform. Councilmember Allen suggested that possibly he could.be given some time in which to comply. City Attorney Wayne Tanaka said the enforcement will be governed by the code. Councilmember Allen wished to include in the findings that the code has been drawn up by citizens and it expresses the will of the citizens of the City, and that she feels the City has a Sign Code and it should be complied with as much as the zoning codes and other codes of the City. Councilmember Naughten agreed, and said also there is an allowance in the CG zone for 25' and that is enough, and he could see no reason for 50'. Councilmember Gould supported the motion because upholding the Sign Code will help in the long run to develop a business development on Highway 99 that will be so special that businesses will be clamoring to locate there, and it will not be a bunch of neon signs along the highway. He said this.is step one. Councilmember Jaech said it is time to start somewhere. She had seen areas where the signs are small and low to the ground and the areas were very attractive. She said Highway 99 now is an eyesore and she thought it time to start to enforce the code, and if it is done people will be attracted to the area because it looks nice. Also, she noted that the ADB minutes reflect that Mr. Selvidge stated that when the applicant comes back for a new sign he will have to conform to the code, so she asked why not conform now. She noted that Mr. Peterson had argued that this signage is nonconforming and the City wants signs to be in conformance, and he had observed that if the nonconforming sign were approved the applicant would never return to bring his sign into conformance. THE MOTION THEN CARRIED. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER HALL, THAT ON SEPTEMBER 6 THE COUNCIL REVIEW 20.60.020B, REGARDING THE ADB'S AUTHORITY TO GRANT SIGN VARIANCES, AND THAT THIS ITEM FOLLOW ON.THE AGENDA THE STAFF REPORT ON FOLLOW-UP OF EXISTING SIGN CODE VIOLATIONS. MOTION CARRIED. Council - member Kasper hoped that the Planning Board would pursue its review of the Sign Code as it relates to Hi ghway. 99. A recess was announced. HEARING ON 6-LOT PRELIMINARY PLAT AT 1125 OLYMPIC AVE. (P-5-83/PANTLEY NATIONAL) and HEARING ON AMENDMENT TO OFFICIAL STREET MAP•TO REDUCE PROPOSED RIGHT-OF-WAY OF VIEWLAND WAY FROM 60' TO 35' AND TO CHANGE PROPOSED CUL-DE-SAC TO HAMMERHEAD TURNAROUND (ST-1-83/PANTLEY NATIONAL) Councilmember Nordquist stated that he is now free to vote on Pantley items as his son no longer works for the Pantley Corporation. Councilmember Naughten said his wife no longer works there either. Councilmember Kasper said he has no loans to the Pantley Corporation in his business. The Hearing Examiner's report on this had been provided to the Council. Assistant City Planner Duane Bowman reviewed the items, noting that the amendment to the OSM requested by the applicant was to reduce the proposed right-of-way of Vi.ewland Way from 60' to a minimum of 35' and to change the cul-de-sac at the termination of Viewland Way to a hammerhead turnaround. He said road requirements were reduced substantially with the new Community Development Code in order to reduce nonpervious surfaces. He said property located south of the subject property will have to develop access from loth Ave. The lots are 12,000 sq. ft., but if the right-of-way were to remain as it is now 'on the 9SM there would not be enough area for this number of lots. The proposed road was put there to service this property and the adjoining school property. This meets the code requirement for the number of lots to be serviced, but there will be a problem with parking on,the street so each lot is required to have turnaround area. Councilmember Kasper was concerned that there was 40 acres involved with no access, and he said it is unknown what will happen to the school. He could not tell from the Hearing Examiner's report the discussion about the school. He thought that if the school district wanted to sell the school, the City may be put in the position of having to put a fourth corner on Puget and Olympic. He felt the overall traffic issue had not been addressed. He thought the plat was_fine but he said if they are planning they need to look at the whole thing. Mr. Bowman responded that the school district has not indicated what its planning is for the future of Olympic School, but they will have to.come to the 'ity for some kind of zoning action. It appeared to Councilmember Jaech that there was a drainage problem on Lots 5 and 6, and she asked 40 • August 2, 1983 - continued 209 when a Arai nage plan is implemented. -hr. bowman said if they cannot will have to tie into a storm water facility, and they either put in bond for them prior to recording the plat. Councilmember Gould also drainage, and City Engineer Jim Adams said there is a problem in the floods, but that is being corrected upstream, and the drainage plan the drainage flow from the property. He said they are still sizing detention system. The Bearing was opened. perc the water on ;.hc 1:ts they the improvements or provide a raised'a question about the existing creek in that it requires that it will not increase the drainage. This system has a Mitch Williams, in charge of the construction for the Pantley Corporation, said he did not think the development increase the flooding in that area. would Larry Lindenberg, 921 Hindley Lane, Lot 4 of the adjacent plat, supported a hammerhead;instead of a cul-de-sac because a cut -de -sac would cut into his property, and also he said with a cul-de-sac the children would have to cross a street to get to the school but with the hammerhead they will not. Mrs. Hopper, 1021 Olympic Ave., asked for clarification about The ri nht-o r-•way. The applicant will purchase from the school the area for the right-of-way to be dedicated to the City. She said there is a lot of traffic at the school on weei:days.and Sundays with the present Kristian school renting it, and two cars cannot pass. She was concerned that emergency vehicles could -not get through if a gate were placed there. She was told that the Fire Department had indicated there is adequate space for emergency vehi cl cs and that they have equipment to dint through any gate.. Kathryn HcDowel i , 1115 Olympic Ave., asked the height of the building. Mr. Rowr, an stated t& building height is 25' from the undisturbed soil line. She said according to her calculations some of the lots would not have 12,000 sq. ft., but she was assured that they will. The hearing then was closed. COUNCILMEME,'ER NAUG ;TEX MOVED, SECONDED SY COUNCILMEMBER KASPER, TO APPROVE THE PLAT P-0-03, SUP04T TO THE FINDINGS AND RECOMMENDATIONS OF THE 1-EARING EXAMINER. NOTION CARRIED. There was a brief • discussion about the traffic and the right-of-way, andthen COUNCILKEN57 HALL MOVED, SECONDED BY COUNCILMENSER ALLEN, TO APPROVE THE AMENDMENT TO THE OFFICIAL ST .EE T MA? ST-143. MOTION CARPIE D. REPORT ON VENICLE ACCESS O 1050 FIFTH AVE. S. City Engineer Jim Adams reported.' that the major portion of the problem appeared to ba caused by construction vehiclss parked in front of 1028 5th Ave. S., the property directly north, and this problem should decrease when tKe construction is completed. He haJ spoken with the bu i 1 der who will remove all the existing vegetation which is not to remain with the pernanent landscaping. A temporary barrier was placed to restrict parking for 45' north of the entrance to the Norge Apartments, and Mr. Adams recommended that a no parking zone be established for that 45' and that the problem be reassessed after the construction is completed. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL - MEMBER HALL, TO ESTABLISH THE 45' NO PARKING ZONE AS INDICATED FOR 90 DAYS, AT WHICH TIME IT WILL BE REVIEWED. MOTION CARRIED. REPORT FROM PLANNING DEPT. RE NUMBER OF APPLICATIONS TO -DATE FOR ACCESSORY LIVING UNITS (MOTHER -I& LAW APARTi'EMTS) Assistant City Planner Duane Bowman stated that although numerous requests had been received for information about the concept, no applications had been received. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER NAUGHTEN, TO ACCEPT THE REPORT. MOTION CARRIED. COUNCIL Councilmember Hall said she had received some calls regarding the Quiet Zone. She also said at the Planning Board meeting she had been taken to task for some remarks attributed to Councilmembers in a newspaper article, and she had explained that they were not accurate. • Councilmember Gould distributed an article from the Wall Street Journal relating to ability of municipalities to issue municipal bonds, and stating that if anyone in the Pacific Northwest has to issue municipal bonds in the future its citizens could be a long time paying for the court's generosity. Councilmember Gould also discussed an article he had seen regarding the makeup of City Councils which indicated that there were only 26 Councilmembers nationwide under 22 years of age, and he said that showed that there is an important segment of the population that needs to be represented on City Councils. Councilmember Gould advised of two "Meet the Candidates" nights scheduled, the General Telephone sponsored one at the Everett Yacht Club on August 24, and another at the Edmonds United Methodist Church on September 15. Council President Jaech asked for an Executive Session at 6:30 p.m. next week to go over the applications received for the Council Resource Person position. She said at the Personnel Committee meeting that evening they will review the performance evaluation form for nonrepresented personnel. Also, she said there was a request to discuss the proposal recently made to merge the Planning and the Parks and Recreation Departments. The Council indicated that should be done in the budget session. Councilmember Nordquist read a letter to the editor of the Seattle Times, from an Edmonds resident, which was tongue-in-cheek regarding noise. Councilmember Nordquist asked that the Edmonds Public Disclosure Form be reviewed to update it. Councilmember Nordquist stated that a newspaper this evening discussed a possible hotel in Edmonds with the Mayor as a possible developer. Mayor Harrison said there were no developmental plans at this time. Councilmember Naughten announced the Underwater Park Treasure Hunt on August 6, from 10:00 a.m. to • 6:00 p.m., proceeds to the rescue boat. _4 .0" August 2, 1983 - continued • Councilmember Naughten inquired about the striping of 7th Ave.,.when it would be redone, and City Engineer Jim.Adams.r.esponded that it was striped incorrectly the first time and that generated citizen concern -'so now the people`would'l-ike a public hearing before it is striped again. COUNCIL - MEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO PLACE SUCH HEARING ON THE AUGUST 30 AGENDA. MOTION CARRIED. Councilmember Allen stated that Ward Phillips has filed for a City Council position and he lives in Woodway, and she thought the Council should do something about it. Councilmember Gould asked the City Attorney if it is a proper expenditure of City funds to determine if all the candidates are residents of the City. Mr. Tanaka responded that it is State law that a candidate for City Council or Mayor be a registered voter at the date of filing and be a resident for one year, as of his election, of the City in which he is filing. Residence is a physical presence in the area with the intent to remain, but he said in determining residence you have to look at various tests or indica- tions, such as where he gets his mail, where he votes, where his residence is, the address on his driver's license, etc. As far as the City is concerned, he had some question about whether or not the City has any proper interest in this as the City. He said that obviously the person's opponent would have an interest in it, and Councilmember Allen said she is not up for election. Mr. Tanaka said the assurance of residency is difficult to prove. Councilmember Gould said he thinks people look to him, as a City Councilman, as a person who makes sure this kind of thing is handled one way or another, and if he sees something that looks like it may be an impropriety he looks into it. He said Edmonds is a Code City and has the authority of a Code City, and he thought this should be aired and if there is a proper channel for him to pursue this, it is part of his duty. He said if the person is a legal candidate, they should say so, and if he is not, they should also say that. Councilmember Hall said the State law is there and the voters should beware. Councilmember Kasper observed that by raising the question they were almost putting an onus on him. Councilmember Allen had received a call from a neighbor of Albertsons at Westgate, a BN zone, and the caller was unhappy that the parking lot is being cleaned between 11:30 p.m. and 2:00 a.m. and • that they are using noisy equipment. The caller also was not happy with the way Albertsons had kept to their agreement about landscaping. City Attorney Wayne Tanaka said the Noise Ordinance would apply in this case, and Assistant City Planner Duane Bowman added that the same complaint had been received regarding the Safeway parking lot, and he thought it may be the same contractor. He said at the hour that the complaints come in, the only personnel available to respond are the police. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER GOULD, THAT THE CITY CONTACT THESE TWO STORES AND SEE IF THEY CAN COOPERATE TO CHANGE THEIR PARKING LOT CLEANING HOURS. Councilmember Gould's second was with the understanding that the stores also have the option to put on muffling equipment. THE MOTION CARRIED. A report was requested in approximately two weeks. There was no further business to come before the Council, and the meeting adjourned at 11:20 p.m. IRENE VARNEY MORAN, ity Clerk HARVE H. HARRISON, Mayor 01 August 9, 1983 - Work Meeting The regular meeting of the Edmonds City Council was called to order at 7:40 p.m. by Mayor Harve Harrison in the small Plaza Meeting Room of the Edmonds Library. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT • Harve Harrison, Mayor John Nordquist Jim Adams, City Engineer Larry Naughten Art Housler,'Finance Director Jo -Anne Jaech Mary Lou Block, Planning Director Laura Hall Steve Simpson, Parks & Recreation Dir. Ray Gould Pat LeMay, Personnel Director Katherine Allen Bobby Mills, Acting Public Works Supt. Bill Kasper Felix deMello, Buildings & Grounds Supvr. Jack Weinz, Fire Chief Mark Eames, City Attorney . Jackie Parrett, Deputy City Clerk ZWLi1 Mayor Harrison stated that Councilmember Hall had invited a guest to address the Council. Council - member Hall introduced Jerry Bergsman, the Area Administrator for Senior League Baseball, a part of the Little League program. He discussed their need to use school playfields and the shortage of playfields. He said their organization would be glad to enter into an agreement to maintain a school playfield if they had some special privilege to use it at least three nights a week. He said, when questioned about the Woodway field, that he would not suggest that particular field for such a proposal but if the school district said that field was available that way they probably would do it. Regarding the proposed Meadowdale playfield, he said he would like to see it developed by the two cities and the school district and be controlled by them. He did not particularly favor a recreation district. He said Little League likes lighted -fields, but he personally feels they are only necessary during tournaments because they make it possible to schedule more games. He thought priority should be given to local people for the use of the fields, particularly in dealing with school district fields that were built on bond issues. He was asked numerous questions relating to use of the fields, and then he was thanked for. sharing.his information with the Council. Mayor Harrison had received a letter from the President of the Edmonds Branch of the American •