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19700106 City Council Minutes5 b III I III Councilman Tuson asked the Engineer on the progress of the Mountlake Terrace sewer agreement. CLAIMS FOR DAMAGES A claim for damages was acknowledgecl from Donald G. Clark and this was referred to the City Clerk for processing. AUTHORIZATION FOR APPLICATION FOR LAW ENFORCEMENT PLANNING FUNDS.. A motion was made by Councilman Haines, seconded by Councilman Nelson that the Mayor be authorized to submit an application for law enforcement planning funds, and the motion carried unanimously. COUNCILMAN KINCAID - EX-OFFICIO MEMBER PLANNING COMMISSION A motion was made by Councilman Haines, seconded by Councilman Sanborn that Coun- cilman Kincaid be appointed as ex-officio member of the Edmonds Planning Commission. Motion carried. AUTHORIZATION TO FILE CLAIM IN CONNECTION WITH FUEL.OIL SPILLAGE . In regard to the recent fuel oil spillage into the disposal plant facilities, it was moved by Councilman Kincaid, seconded by Councilman Sanborn that the Mayor be authorized to file a claim with the Olympic View Water District and the .Edmonds School District #15 for damages resulting from this problem. Motion carried. REPORT ON REQUEST FOR QUITCLAIM DEEDS FROM STATE.HIGHWAY DEPT, City Attorney Murphy reported that the State.Highway Dept. wants about 40, of 76t by QCD and the right for utility easements held by the city. The City Engineer had suggested that the council authorize the Mayor to deed this footage to the state either by quitclaim deed or construction easement, if approved by the City Attorney and City Engineer. Following discussion, it was moved by Councilman Sanborn, seconded by Councilman Kincaid to authorize the deeding of this city 'property to the state by means approved by both the City Engineer and City.Attorney. Motion carried. There was no further business, and the meeting was adjourned as 12:10 A.M. Irene Varney Mor , City Clerk JANUARY 6, 1970 ROLL CALL W H. Harrison, Mayor Regular meeting of the Edmonds City Council was called to order by Mayor Pro-Tem Donald Tuson. All councilmen were present. APPROVAL OF MINUTES Minutes of.the meeting of December 16 had been posted and mailed., and with no omis- sions nor corrections, they were approved as written. HEARING: PLANNING COMMISSION RESOLUTION #314 Hearing was held on Planning Commission Resolution #314, General Requirements for Planned Unit Developments, continued from the council meeting of December 16. City Planner Merlin Logan gave a brief summary to council on the proposed revidions to the PUD in accordance with'changes suggested by council at work meetings. There were several changes, including removal of any possibility for multiple in single family areas and the 5 acre minimum site size was retained. It was decided by council to have the changes incorporated in an entire new ordinance rather than go over each separately this evening. Hearing was then opened. Natalie Shippen asked if council had given any thought to permitting a large acreage such as the University of Washington property to include multiple units. This was discussed. No one else in the audience wished to comment, and the hearing was closed. A motion was made by Councilman Kincaid, seconded by Councilman Slye that the City Attorney be instructed to prepare an ordinance incorporating the changes as discussed. to be presented at the next council meeting for action. Councilman Nelson reported that he had done research on this PUD concept; had read several books dealing with planned unit developments. He noted that most of the experts felt its much open space as possible should be retained, but a reduction in area requirement was often allowed if held to strictly single family development. The quality and arrangement of the buildings and open space was most impovtant, and no one minimum size fits all in- stances or circumstances. he ended his report by moving to amend the motion to have Paragraph E on the proposed new Planned Unit Development ordinance revised to include 4 acres of contiguous land instead of 5, and that the Council and Planning Commission allow lass than 4, but more than 2 acres for certain PUD's by approaching each area individually with the circumstances for each taken into consideration. This motion was seconded by Councilman Haines, Councilman Sanborn maid he was concerned with the increase in density of areas, and the council does have to draw a line someplace. 5® • He felt the 5 acre minimum was an acceptable size and anything below that was going into small lots and resulting increased density. A roll call vote was taken on the amendment, and it failed with 4 councilmen voting against; Nelson and Haines in favor. Roll call vote was then taken on the original motion, and this passed unani- mously. HEARING: PLANNING COMMISSION RESOLUTION #317 Hearing was held on Planning Commission Resolution #317, recommending an amendment to the comprehensive land use and thoroughfare plan by establishing designations in unincorporated areas of Snohomish County south of the city limits and west of U.S. Highway 99, excluding Wells Point. This was continued from the meeting of Dec. 16. City Planner Logan explained that this was the first of two hearings necessary, and suggested that the next hearing be the firstneeting in February. He stated that the proposed plan was based on the existing zoning and land use and also on former plans prepared by both the county and city. He proposed that the Union Oil Beach area be designated Aquatic Recreation. Following discussion, it was moved by Councilman Kincaid, seconded by Councilman Nordquist that the small area of the Union Oil land not actually occupied with residences be shown on the comprehensive plan as Industrial Park. The motion carried, and Mr. Logan was advised to make this change on the proposed land use plan. It was then moved by Councilman Kincaid, seconded by Councilman Nordquist that the Union Oil Beach area be designated on the proposed comprehensive land use plan as Aquatic Recreation. This motion carried, with Councilman Slye,voting against. The W91is Paint area heretofore excluded from the proposed plan was therefore included. (PoiBt�Edwards) Hearing was then opened. A gentleman in the audience asked for a briefing on the. plans for the entire south county unincorporated area. This was done with a colored map and Mr. Logan also explained that a comprehensive plan acted as a • guideline for an area, to give a general picture of zoning regulations which would probably be implemented following an annexation. A residential designation, for example, could become one of several types - RS-6, RS-8, RS-12, and so on. At present there are no parks in that area, and the plan proposes three. Mr. Logan noted that if the city should annex the area, in the future, they would discourage hodge-podge zoning on Edmonds Way and stress single family with two areas of apart- ment zoning. He also said that in his estimation, Highway 99 should be restored to low density single family wherever possible to eliminate the long strip of commer- cial for many miles. A gentleman in the audience expressed interest in the arterials for the area. Mr. Logan answered that it was a policy of planning to establish arterials about one mile apart with collectors in between. Another man asked if people in the area would be allowed to vote for or against annexation to the city. He also was con- cerned about established businesses on Edmonds Way if it were to be zoned residen- tial. Mr. Logan assured him that two possibilities were (1) the city would retain existing commercial zoning, but allow no more there, and (2) a stronger implementa- tion of the plan by changing commercial back to residential on all the vacant property. Another man asked what the plans were to annex the area. City Engineer Larson stated he knew of at least 3 petitions circulating in the area, but many had been circulated in the past, and so far none had been presented to the city. In answer to Mayor Pro-tem Tuson's question of what about people who purchased the land for commercial use and had not built upon it yet, Mr. Logan replied that the people had a legal right to ask for rezone. Councilman Haines stated that his opinion was that the city would probably adopt the existing zoning on the land, but that this was unofficial, and merely an opinion. David Smith, 242nd S.W., said the good representation in Olympia from his area before the Dept. of Highways saved them from being cut off from Edmonds by state highway, and he wondered what the city • had done in that instance. He was advised that the county was responsible for their affairs as long as they were county residents; the city had jurisdiction only inside city limits. Mr. Walt Mitchell.clarified one man's claim that the city had put a legal cloud on his property by stating that the Highway Dept. had purchased R/W at the time of the original access plan, but when the Dept. abandoned that plan, this man's property still showed on their map as being a proposed purchase, and this would have to be removed. A man living on 240Lhh P1. S.W. inquired if a 75/ assessed valuation were on a petition to annex, could this be done without an election being held. The answer was yes, but that as was stated before, the council had not been presented with any annexation petition from the area. One man asked what had caused the City Planner to have this plan drawn for their area? It was explained that when the old compre- hensive plan had been drawn in 1964, this was included in the projection. Now that the legislature allowed cities to legally have this type of plan on file before annexing an area, the plan was redrawn to clarify and legalize it. A woman asked (1) is there a petition they could circulate to stay out of the city, (2) how come the hearings were originally publicized as being on the 6tb and 20ih of. January, and Mr. Logan tonight mentioned Vie second hearing would be in February, and (3) would the city be able to straighten out their police, fire,.and water problems? Councilman Sanborn told the audience that this hearing was not whether or not to annex the area, but rather to present the city's intent if it were to be annexed, solely for t12e residents' information. One man asked the City Planner who would -" ever build a single family dwelling on Highway 99. It was asked also if the city had not had some say in county zoning in that area in past, and therefore why now project changes. Councilman Kincaid answered that this had been a fluctuating thing with the county, and that at one time they asked for city opinion ozil.y when the area was within one mile or so of city limits. Council - is man Haines added that the council wished to hear general ideas on this plan from the residents'so council could consider them; that this was the reason for the hearings. One man asked that 232nd be put back from being arterial. He also wanted a stop sign installed, but was advised that he must see -tie county for that. One woman asked if the present residents of the City of Edmonds would have a vote on whether or not this area should be annexed, and she was told that only residents of an area up for annexation would vote on the question. Captain Shields stated that as far as having a house on Highway 99 was concerned, he believed single family di:tellings on Highway 99 would become nothing but slums; no nice homes would ever be built on a highway. Mr. Walt Mitchell stated that there was not a great deal of difference between the county plan and the plan now being heard by the city. He said the main difference was park areas, but he questioned the locations of all three parks as being either near dangerous areas or in already polluted areas. Gordon Wickstrom was against the city taking any of his property in the future for park purposes near Chase Lake, as he was at present removing the polluted peat and reclaiming the land to sell for house lots. He was = ncerned that park plans would harm the valuation of his property and stop sales. No one else wished to speak, and the hearing was closed. A five minute recess was then declared. PLANNING COMMISSION RESOLUTION #320 Planning Commission Resolution #320 was presented, recommending denial of a proposed amendment to the official zoning map to rezone from RS-20 to RS-12 property on the west side of 75ih P1. W. at about 164th S.W. unopened. No appeal had been received. This was denied because of the steep slope and landslide area. It was moved by Councilman Nordquist, seconded by Councilman Nelson that the council uphold the recommendation of the Planning Commission in their Resolution #320 and deny the proposed amendment for rezpone. Motion carried with Councilman Haines abstaining because of interest in the property. AUTHORIZATION FOR LETTER TO UAB REQUESTING DEVIATION Discussion was held on the authorization for the City Engineer to prepare a letter to the Urban Arterial Board requesting a deviation in certain hardship areas on the R/W for 9Lh from Main to Casper and between Westgate and Main. There was a question on the width of the R/W, and'it wqs moved by Councilman Sanborn that the City Engineer be instructed to prepare a letter to the UAB for deviation on R/W on 9tb for hardship areas to avoid damage to properties. This motion died for lack of a second. Gordon Maxwell, in the audience, stated that if the city's taking of the land for R/W became a hardship, the city should purchase the house, take the necessary R/W, and then re -sell the house and property at probably the same price paid for it. Following more discussion, it was moved by Councilman Haines, seconded by Council- man Kincaid to authorize the Engineer to write a letter to the UAB requesting deviation to a 40' roadway width on 90 N. from Main to Casper. This motion carried. It was then moved by Councilman Haines, seconded by Councilman Sanborn to authorize the City Engineer to request a 40, street on 9tn S. to the cemetery. Gordon Maxwell as an owner of property on 9th, stated he was in favor of a full width street im- provement for this arterial, and to cut it from 44, to 40, was a mistake, with the traffic already too heavy and a much I-reater volume predicted for the future. Councilman Sanborn disagreed and felt that the 4' would made a marked difference in hardship cases, on the south end especially. In discussing the petitions against the arterial width which were received from residents on 9th, Engineer Larson noted that less than 50% of the lineal footage on gin was represented as being opposed to the width. Following lengthy discussion, a roll call vote was taken on the motion to request the 401, and the motion carried with 4 councilmen in favor; Slye and Nordquist against. PARTICIPATION IN DISTRICT JUSTICE COURT SYSTEM Police Chief Grimstad, Chairman of the committee to look into the possibility of Edmonds' participation in,, -.the Justice court system, reported that the city could probably save some money going into this system. A city traffic violation bureau would have to be set up, and the cost for participation in the system would amount to $4.00 per case. Chief Grimstad stated that the Committee recommended,; going into the Justice Court system. He added that the present clerk would be kept for the traffic violations bureau. It was hoped that the court could be held in Edmonds, but there was no assurance that this would be so. However, the Mayor will have a vote on the proceedings. Following discussion, a motion was made by Councilman Slye, seconded by Councilman Sanborn that the Mayor be authorized to request parti- cipation in the District Justice Court system. Motion carried. AUDIENCE PARTICIPATION A gentleman in the audience inquired about what the city would gain and save by participation ift the county court system. He felt the city should not allow this city function to be taken over by the county. n U 1 1 • 1 1 COUNCIL PARTICIPATION Councilman Nelson reported that the week of January 17 through 24 is the annual national Jaycee Week, and he thought it appropriate that the Mayor issue a proclama- tion in honor of Jaycees, and the Edmonds group in particular. It was therefore moved by Councilman Nelson, seconded by Councilman Haines that the Mayor issue a proclamation in honor of Jaycee Week. Motion carried. • 59 • Councilman Slye inquired about the lack of crosswalks on Dayton below 3rd. 1 Councilman Sanborn asked Engineer Larson about the status of the Railroad Avenue Highway project. Engineer Larson said the state had indicated they would submit a revised plan for Main Street and the ferry access control for the city's review. It was decided that certain downtown Edmonds traffic safety questions will be taken up at the council work meetings. CLAIM FOR DAMAGES A claim for damages was acknowledged from Robert W. and Ruth Reupert, and this was referred to the City Clerk for processing. ORDINANCE REPEALING PUD PROVISIONS. A motion was made by Councilman Sanborn, seconded by Councilman Slye that proposed Ordinance #1456 be passed, amending the official zoning ordinance by repealing section 12.14.060 which prescribes and regulatet.planned unit developments. Motion carried with Councilmen Haines and Nordquist voting against. FIRST READING: ORDINANCES TO AMEND WATER RATES AND METER INSTALLATION CHARGES; SEWER SERVICE CHARGES First readings were heard on.two proposed ordinances. These are (1) to amend water rates and meter installation charges and (2) to amend the sewer service charge. The City Engineer gave a brief summary of the need for the amendments and what the changes would be. It was moved by Councilman Haines, seconded by Councilman Kincaid that the two hearings be set for January 20 on these proposed rates. Motion carried. RESOLUTION OF COMMENDATION - JUDGE GOULDER A motion was made by Councilman Nordquist, seconded by Councilman Slye that proposed Resolution #217 be passed, commending Judge J. William Goulder for his services to the City of Edmonds. Motion carried. AUDITING COMMITTEE FOR 1970 It was moved by Councilman Nord,,..;uist, seconded by Councilman Slye that proposed Resolution #218 be passed, naming the following councilmen as members of the Auditing Committee for 1970: Chairman, James Haines; A. L. Kincaid, and Donald S. Tuson. Motion carried. POLICY ON TREE REMOVAL IN CITY R/W In regard to the cutting of trees in city R/W, it was decided by council that this should be treated as individual cases and made an administrative decision. APPOINTMENT TO PARK BOARD Mayor Pro-tem Tuson stated that Mayor Harrison wished to make the appointment of Jim Paul to the Edmonds Park & Recreation Advisory Board, Position #4 term to expire September 19, 1970. It was moved by Councilman Haines, seconded by Councilman Nordquist that the Mayor's appointment of Jim Paul to Position #4 on the Park & Recreation Advisory Board be confirmed. Motion carried. SET HEARING DATES FOR PLANNING COMMISSION RESOLUTIONS • A motion was made by Councilman Kincaid, seconded by Councilman Haines that February 3 be set as the date for hearings on Planning Commission Resolutions #322 and #325• Motion carried with 2 against, since it was felt Planning Commission denials should not require hearings before council. SET HEARING DATE FOR FINAL ASSESSMENT ROLL LID #173 Upon recommendation of the City Engineer, it was moved by Councilman Slye, seconded by Councilman Kincaid that the final assessment roll for LID #173, petitioned portion of Unit #7, be set for February 17. Motion carried. SET HEARING DATE FOR PRELIMINARY ASSESSMENT - RESOLUTION OF INTENTION #229 A motion was made by Councilman Slye, seconded by Councilman Kincaid that proposed Resolution of Intention #229, repealing #227, be passed, for 76th Avenue W. and vicinity paving and hearing on the preliminary assessment roll be set for February 17. Motion carried. SET SECOND HEARING DATE FOR PLANNING COMMISSION RESOLUTION #317 In order to properly publish notice of the second hearing date oft Planning Commission Resolution #317, conprehensive land use and thoroughfare plan for the unincorporated areas south of the city limits, it was necessary to set a hearing date in February, and it was therefore moved by Councilman Slye, seconded by Councilman Kincaid that February 3 be set as the date for the second hearing on Planning Commission Resolu- tion #317. Motion carried. There was no further business, and the meeting was adjourned at 11:45 P.M. Irene Varney Moran, Atj Clerk H. Harrison, Mayor