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 •