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19700303 City Council Minutes70 • It was moved by Councilman Nordquist, seconded'by Councilman Nelson that the final plat of Sharon Heights be approved and accepted. ::Motion carried. SET BID DATE FOR GENERATORS ON UNITS 5 & 6 As recommended by the City Engineer, a motion was made by Councilman Nelson, seconded by Councilman Sanborn that March 2 be set as the date for opening•bids on the generators for Units 5 & 6. Motion carried. CHANGE'DATE FOR OPENING BIDS ON BOWDOIN WAY Upon recommendation of the City Engineer,'a motion was made by Councilman Nelson, seconded by Councilman Nordquist that the date'for'opening bids on the Bowdoin Way project be changed from March-2 to February 26. Motion carried.. ORDINANCE CREATING LID #179 At the February 3 hearing on Resolution of Intention #228, for improvement of Walnut and Bowdoin1from 9th 'to Five Corners, the Attorney had been instructed to prepare an ordinance to create the LID. Therefore, it was moved by Councilman Nelson, seconded by Councilman Nordquist that proposed Ordinance #1470 be passed, creating LID #179, and the motion carried. ORDINANCE FOR PLANNING COMMISSION RESOLUTION #325 At the February 3 council -meeting, the Attorney had been instructed to prepare an ordin- ance'in regard to Planning Commission Resolution #325, clarifying the status of petroleum • plants in IP zones. A motion was made by Councilman Haines, seconded by Councilman Nelson that proposed Ordinance #1471 be passed, and the motion carried. RESOLUTION OF COMMENDATION - BOB BLACKBOURN The Attorney having been instructed to prepare a resolution of commendation for Bob Blackbourn, it was moved by Councilman Nordquist, seconded by Councilman Nelson that proposed Resolution #220 be passed, commending Bob Blackbourn for his many years of service on the Board Of Adjustment. Motion carried. ORDINANCE CREATING DISABILITY BOARD A motion was made by Councilman Haines,.seconded by Councilman Nelson that proposed Ordinance #1472 be passed, creating a new chapter in the Edmonds City Code, establish- ing a disability Board with jurisdiction over Police and Firemen. Motion carried. CLAIMS FOR DAMAGES A claim for damages was acknowledged from Silver Crest Homes, Inc., and this was referred to the City Clerk for processing. AUDIENCE PARTICIPATION A -request from citizens in the form of a petition for a stop sign at the intersection of 218th and.92nd W. was referred to the City Engineer for study and recommendation. CITY POSITION ON WATERFRONT FILL Councilman Sanborn moved, seconded by Councilman Nelson that the Engineer be authorized • to notify the Corps of Engineers that the City of Edmonds opposes granting permission to fill a portion of the Edmonds waterfront. Motion carried. There was no futther business; and the meeting adjourned at 12:25 A.M. Irene Varney Mor , City Clerk H. Harrison, Mayor MARCH 3, 1970 ROLL CALL The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present. except Tuson and Slye, who are on vacation. APPROVAL OF MINUTES Minutes of the meeting of -February 1.7 had' been posted and mailed, and with no omissions nor correction, they were approved as written.' HEARING: ON PLANNING COMMISSION RESOLUTION #321 Hearing was held on Planning Commission Resolution #321, recommending an amendment to the official zoning ordinance to allow gasoline stations in BN zones, subject to a conditional use permit, in accordance with File ZO-3-69. City Planner Merlin Logan reported that a petition with approximately 25 names had been presented to the Planning Commission request- • 71. ing this amendment, but that the Commission did not accept the wording suggested by them, although recommending regulation. He read the conclusions of the Planning Commission on the hearing. Council hearing was then opened. Mr. E. A. Weymouth, representing Western Oil and Gas Association, spoke against adoption of the proposed amendment. He felt a service station was a necessary and favorable use and it was unnecessary to place the Board of Adjustment in a position to dec ide on a conditional use permit for this in the BN zones. 'Mrs. Cunningham, Grandview St., stated she had carried the petition presented to the Planning Commission, and added that there had been.a succession of failing gas stations in the north Edmonds area, and the people living there did not wish more stations in the neighborhood. She felt a BN zone was for businesses, but gas stations were drive-in types, and should be so regulated. Mr. Weymouth answered that tle area in.Mrs.'Cunningham''s neighborhood would not support an- other gas station, and it was not necessary to amend the zoning ordinance to take care of this one situation, where the fears for the area were groundless. Much council discussion followed, wherein it was brought out that gas stations were the only drive-in businesses allowed in the BN zones without a conditional use permit. Richard Dickson, Planning Commission Chairman, stated that the Commission had denied the petition from the property owners, but as a result of this hearing, it was brought to.the attention.'6f.the.-Comm ssion, that gas stations_were.the only drive-in businesses omitted from this particular category and they should be subject to the same conditions.as other drive-in businesses. No one else wished to comment, and the hearing was closed. Much discussion was held, and it was then moved by Councilman Sanborn, seconded by Councilman Nelson that proposed Ordinance #1473 be passed, to uphold Planning Commission Resolutinn # 321 and amend the zoning ordinance to allow gas stations in BN zones subject to a conditional use permit. A roll call vote showed Councilmen Sanborn, Nelson.and Haines voting in favor; Nordquist and Kincaid against, and the motion failed to carry, as it takes 4 councilmen in favor to pass an ordinance. Since the prevailing side can move to continue the subject matter, it was moved by Councilman Kincaid, seconded by Councilman Nelson that this matter again be brought up at the April 7 council meeting before -a full council. Motion carried. HEARING: ON PLANNING COMMISSION RESOLUTION #323 . Hearing was held on Planning Commission Resolution #323,.recommending an amendment to the zoning ordinance by amending "Permitted Uses" to read."Mobile Homes or Trailer Parks and Courts, as regulated by Section 12.13.390 (RMP Zone)", in accordance with File ZO-5-69. City Planner Logan explained that there were no regulations for standards to guarantee the orderly development of mobile home parks. He noted that mobile homes make up 90% of all the new single family dwellings in the $15,000.00 and under category, and he added that many of these mobile home parks will no doubt be built in the south Snohomish County area. Mayor Harrison opened the hearing, and since no one wished to comment; he declared the hearing closed. Following council discussion, it was moved by Councilman Nelson seconded , by Councilman Nordquist that proposed Ordinance #1473 be passed, and the motion carried unanimously. HEARING: ON PLANNING COMMISSION RESOLUTION #324 Hearing was held on Planning Commission Resolution #324, recommending approval of a proposed amendment to the zoning ordinance by delegating to the Board of Adjustment the authority to review citizen's complaints regarding the keeping of horses, according to File ZO-5-69. City Planner Logan explained the proposal to council, and the Mayor then opened the hearing. Jim Paul questioned the need far so many square feet of pasture area for each animal, and also felt that horses kept the rural aspect of the area. One gentleman in the audience complained that burros were being kept by his neighbors, and they are noisy early in the morning: Mrs. McDougall stated that she was in favor of restrictions; that horses should • be treated correctly and given ample footage and space. She felt a requirement was needed to stop people from tying horses and keeping them tied day aster day. Chief Ad- ministrator D. C. Lawson reported to council that he had received many complaints on horses, and'LAad,,in fact gone to one home to investigate the problem and foundthat even at a distance of 30' away from the adjoining homes, the odor was objectionAble. Councilman Haines felt the problem was to keep horses away from adjoining homes. Councilman Sanborn said that if a stable 30' away from .adjoining property doesn't do the job, perhaps the problem should be met head on. Planner Logan noted that you can't regulate standards of odor and sight. The gentleman -in the audience, whose neighbors kept burros in an 8x10 stable on their property line in the alley, felt that with all the flies, it constituted a health problem. Chief Grimstad asked if horses were to be eliminated from the downtown streets, and asked if the memo could be incorporated in this ordinance. Mayor Harrison answered that this would come up under Item 12 on the agenda. Mr. Swanson, in the audience, stated that he kept `three horses on one acre, and had no complaints from his neighbors. He added, however, that he felt it was a personal matter, and it didn't necessarily matter how large an area you had for the horses, but how these animals are taken care of. Follow- ing much discussion, Attorney Murphy suggested that instead of piece -meal regulations with several ordinances, why not prepare one comprehensive ordinance dealing with horses in all respects. This would also eliminate Item 12 on the agenda tonight, proposing an ordinance to give the Park Director authority to restrict horses from designated areas within the city limits. It was therefore decided that a committee including some of the involved citizens would meet and discuss a proposed comprehensive ordinance regarding horses and other related animals, and then be brought to a council work meeting for final discussion. It was therefore moved by Councilman Haines, seconded by Councilman Nordquist that both items 5 and 12 on the agenda be postponed for action at the council meeting of April 21. Motion carried. • 72 REPORT ON BIDS FOR STANDBY GENERATORS FOR UNITS 5 &6 Bids had been opened on March 2 at 2:00 P. M. in the council chambers for the construction of two standby generator stations in the Talbot Park area of Units 5 & 6. Bids were: Ewing Electric, Inc. Crown General .Construction, Inc. Johnson & Graham Mottn6r & McCutchen Wilcox Construction, Inc K.K. Larsen Construction Co.', Inc. Ralph Company, Inc;. Fred A. Lehn, Inc. Hugh S. Ferguson Co. Item #1 Item #1-A Item #2' Item #2-A 149560 14,560 109300 119400 15,281 149186 10,732 ll,526 159653 16,371 99610 109564 16,100. 16,800 10,900 ll,800 16,500 16,500 111145 12,000 16,663 16,663 13,323 139323 17,750 18,680 11,530 1.2,530 17,869 16,869 12,431 121951 189294 17,162 129821 13,675 It was recommended by the City Engineer that the low bidder, Ewing Electric, Inc4 be awarded the bid on the basis of a diesel engine for the large, and a gas generator -for the small station; that is, accepting Items #l-A and #2 of the bid. It was therefore moved by Councilman Sanborn, seconded by Councilman Nelson that the city accept the recom- mendation of the City Engineer and award the bid to Ewing Electric, Inc. on the basis as stated by the Engineer at a cost of $14,560 for Item #1-A and $10,300 for Item #2, and the Mayor be authorized to enter into contract with them. Motion carried. REPORT ON BIDS FOR PROJECT ON WALNUT AND BOWDOIN Bids had been opened on February 26 at 2:00 P. M. in the council chambers for the street improvement of Walnut and Bowdoin from 9th to Five Corners. Bids were: Tri-State Construction $274,332.20 Knowles Construction 293,046.00 Doolittle Construction 303,694.00 Bellevue Bulldozing Co. 3079129.50 Lynnwood Construction 3110291.70 Pacific Paving Co.. 3149453.50 Commercial Excay. Co. 3519911.40 Select Contractors 353,557.50 The City Engineer recommended accepting the low bid, and a motion was made by Councilman Nelson, seconded by Councilman Sanborn that the city accept the low bid of Tri-State Construction in the amount of $274,332.20 for the improvement of Walnut and Bowdoin from 9th to Five Corners, and the Mayor be authorized to enter into contract with them. Motion carried. CORRESPONDENCE A letter was read from the South Snohomish County Chamber of Commerce stating that it was the consensus of opinion at their meeting concerning local ambulance services that the cities should enact the necessary laws to.license private companies, and they urged that each government proceed to do so. There was much discussion pertaining to the proper regulations neededin regard to licenses, ambulance company standards, equipment, and personnel qualifications. It was decided that a proposed ordinance be brought to the March 17 meeting, and a motion was made by Councilman Kincaid, seconded by Councilman Haines that the Attorney be instructed to prepare an ordinance for regulation of private ambulance companies in the City of Edmonds. Motion carried. 1 1 NATIONAL WILDLIFE WEEK PROCLAMATION Mayor Harrison issued a proclamation for observance of National Wildlife Week from • March 15 - 21. COUNCIL PARTICIPATION Councilman Nordquist inquired about the condition of Robert's Wrecking Yard on Highway 99. He noted the way wrecked cars in various stages are all around outside of the fenced -in yard, and the marked difference between this and Ferrill's, which is kept in very neat condition. Chief Grimstad answered that his department had sent a letter asking that the area be cleaned up and had also personally checked, and the department would keep at this to try to bring the wrecking yard into line. Councilman Nordquist brought to the attention of c ouncil the concern of the Ballinger area residents on the condition of Lake Ballinger,*with pollution from brogan silt draining into the Lake from the new developments in the vicinity. He mentioned that the lake will not be stocked with fish this summer because of this condition, and felt pressure should be put on Mountlake Terrace to try to control the silt from the building. Following discussion, it was moved by Councilman Nordquist, seconded by Councilman Nelson that the City Engineer be instructed to write a letter to Mountlake.Terrace expressing the concern of the City of Edmonds on the pollution of ]Lake Ballinger from the silt as a direct result of building development in the area. Motion carried. Ron Whaley, Assistant Director of Public Works, suggested that Mr. Biggs, Director of the Dept. of Game, be sent a resolution in regard to this problem, and he would go to the Governor who would in turn no doubt have the area cleaned up. Councilman Sanborn commented on the traffic hazard at the intersection of 5th and Dayton, and stressed the difficulty in being able to see the traffic at the northwest corner when heading east on Dayton, and felt two parking places on 5th which hamper vision could be eliminated. Engineer Larson recommended that there be no parking within 20 feet from the corners, and stated that tee Safety Committee would be completing a priority list by June. • He also mentioned the intersection of 4th and Main as being hazardous. Jim Paul, in the • 73 audience, stated that there had been no accidents at 4th and Main. Councilman Sanborn answered that no accidents is no indication there is no problem. It was decided by council that this intersection problem be referred to the City Engineer for a solution. Councilman Nelson asked for a report on the action of the Snohomish County Association of Cities and Towns, at" their meeting on the proposed 2% sales tax. Mayor Harrison stated that the cities, by a majority vote, decided to pass a resolution asking the county com- missioners to levy a countywide tax. Councilman Nelson noted that the council work meetings were open to the public as well as to the city staff for discussion prior to council meetings. He also suggested that the Mayor appoint a councilman, the City Attorney, and a member of the city staff to study and report on the Optional Municipal Code. Mayor Harrison appointed Councilman Nelson and City Attorney James Murphy to serve, and also agreed,to serve on this himself. Councilman Haines moved, seconded by Councilman Kincaid that it be a matter of council policy to -establish an 11:00 deadline for council meetings in the future. Motion carried. It was then moved by Councilman Kincaid, seconded by Councilman Haines that the Attorney be instructed to prepare an ordinance to establish the alternate Tuesdays, making -the first four Tuesdays of each month regular council meeting nights. Motion carried. PROPOSED ORDINANCE LIMITING PARKING ON SUNSET BEACH Council heard the first reading of a proposed ordinance to limit parking to four hours on Sunset Beach. • CONDEMNATION ORDINANCE - GUTENSOHN PROPERTY The Attorney presented an ordinance for condemnation of the Gutensohn property at 24016-76th Ave. W., for R/W necessary for the UAB project on 76th. It was moved by Councilman Nelson, seconded by Councilman Sanborn that proposed Ordirmce #1474 be passed, providing for the acquisition of this property by condemnation. Motion carried. DESIGNATING AREA NORTH OF FERRY DOCK AS UNDERWATER PARK Discussion was held on the proposal made by the Washington School of Diving to designate the area adjacent to Sunset Beach and north of the ferry dock as an underwater park. Following this, a motion was made by Councilman Sanborn, seconded by Councilman Nelson that the Attorney be authorized to proceed with the necessary steps to establish an Underwater Park at the aforementioned location. Motion carried with Councilman Haines voting against. APPOINTMENT TO DISABILITY BOARD In accordance with City of Edmonds Ordinance #1472 pertaining to the LEFF system, Mayor Harrison made the appointments of Councilmen Haines and Kincaid to sefve on the Police and Firemen's Disability Board. It was moved by Councilman Nelson, seconded by Councilman Nordquiptl.that..Lhe .Mayoftl-.-s^.appointments"..bf Councilmen Haines and Kincaid be c onfirmed. Motion carried. FINAb-PLAT OF WILLOWBROOK DIVISION #1 The final plat of Willowbrook Division #1 was presented to council, and after some discus- sion, it was moved by Coun cilman Nordquist, seconded by Councilman Kincaid that the final plat of Willowbrook Division #1 be accepted, subject to clarification of a 50' easement • line. Motion carried. There was no further business, and the meeting was adjourned at 10:45 P.M. Irene Varney Moran, City Clerk H. H. Harrison, Mayor March 17, 1970 ROLL CALL The regular meeting of the Edmonds City Council was called -to order by Mayor Harve Harrison with all councilmen present except Slye who was on vacation and Sanborn who arrived during the first hearing. APPROVAL OF MINUTES Minutes of the meeting of March 3 had been posted and mgiled, and with no omissions nor corrections, they were approved as written. HEARING: FERRY DOCK ACCESS Engineer Leif Larson introduced Joe Bell, Location Engineer for District 1, who gave a brief preface to the State Highway presentation. Mr. Bell explained that SR 104 had,been in the planning stage for approximately 11 years. Federal and State hearings have all been held and that Right of Wayl-acquisition was now in progress. The State Highway Department has been trying to resolve the problems to perpetuate local access on Main Street, Sunset, Rail- 0