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19700407 City Council Minutes• 77 APRIL 7, 1970 ROLL CALL Regular meeting was called to order by Mayor Harrison with all councilmen present except Sanborn, who arrived later in the evening. APPROVAL OF MINUTES The minutes of the meeting of March 17 had been posted and mailed, and with no omissions nor corrections, they stood approved as written. HEARING: ON FERRY DOCK ACCESS (CONTINUED) Hearing on the ferry dock access had been continued to this meeting from March 17, follow- ing a meeting with the Port of Edmonds, Toll Bridge Authority and the State Highway Depart- ment. W. C. Bogart, District Engineer for the Highway Dept., noted the concern expressed by some people in Edmomds on the present location of SR 104 and stated that the Highway Dept. had net with the Port.Authority and assistant Director of toll facilities to discuss the ferry dock lease arrangements, and although there were some differences of opinion, there seemed to be a 14 year lease on the facilities; no funding to make a major relocation of the dock; and it seemed that for the next 14 years at least, the ferry will be at its present location in Edmonds. He Added that a modification had been made for the holding area adjacent to the highway, and they would eliminate channelization on the city streets. Mr. Joe Bell, using a map with highway diagram, explained the 5 storage lanes for 150-170 vehicles immediately south of Main and adjacent to Sunset. Mr. Chittenden, Port Commis- sioner, stated that no formal action had been taken by the Port, but the results involving renewal in some form would be announced later, following another meeting. Gordon Maxwell asked.several questions having to do with proposed access in the dock area, holding lanes, and ticket sales areas. Mr. Hanvey, Sunset Avenue, asked about'_ -the northbound traffic coming off the dock, and he was ancerned that all this would turn onto Sunset and would not solve the problem there. Mr. Bogart answered that the peak ferry situations would be 5% of the operating time, with 95% of the time adequately taken care of. Mayor Harrison suggested that perhaps a light and a no left turn sign would preclude the turns onto Sunset by heavy ferry traffic. Richard Dickson felt that the light and sign should be used only at peak times of the year, and thought that Sunset should be used and enjoyed by people driving in Edmonds the other 95% of the time.'- No one else wished to comment, and the hear- ing was declared closed. It was moved by Councilman Kincaid, seconded by Councilman Nelson that approval be given of the access route as presented by the State Highway Dept., with the light at Sunset and Main. Motion carried. HEARING: PLANNING COMMISSION RESOLUTION #321 (CONTINUED FROM MARCH 3) Hearing was continued from the meeting of March 3 on Planning Commission Resolution #321, recommending amendment to�,the zoning ordirmce to allow gas stations in BN zones, subject to a conditional use permit. City Planner Merlin Logan explained that the Commission felt that gas stations, as a drive-in business, should be included in the list of uses needing a conditional use permit in BN zones; that it was at present the only drive-in business excluded. Hearing was opened. Mrs.Cunningh'am, Grandview St., said that BN zones should have the same regulations for all drive-in businesses, and she was concerned about 4 or 5 small businesses adjacent 'to residential areas; they were a convenience for the neighborhood, but many failed and left empty areas such as the gas station failures near her home. Mr. Chittenden asked that assuming the ordinance passed, what would be the procedure to reopen a closed gas station on Olympic View Drive? They would have to submit a site plan for ap- proval. Dick Myhre asked if the Board of Adjustment issued the permit. City Planner Logan answered that this would impose additional requirements than at present, and the Board • would then issue the permit. No one else wished to comment and the hearing was closed. Councilman Slye stated that he had not had a chance to properly review this matter and would therefore abstain from voting since he did not feel he was well -versed enough to give an opinion at this time. A motion was made'by Councilman Haines, seconded by Councilman Nelson that proposed Ordin- ance #1478 be passed to allow gas stations in BN zones subject to a conditional use permit. A roll call vote showed Councilmen Nelson, Tuson and Haines voting in favor; Nordquist and Kincaid against; Slye abstaining. Councilman Sanborn had not yet arrived. Since four votes are required for passage of an ordinance, the motion failed. Following some discussion, a motion was made by Councilman Nelson, seconded by Councilman Haines that the council reconsider this hearing and proposed ordinance on April 21 in re- gard to Commission Resolution #321, to allow Councilman Slye to become familiar with the circumstances. This motion carried, with Councilmen Nordquist and Kincaid voting against. HFA RING: PLANNING COMMISSION RESOLUTION #329' Hearing was held on Planning Commssion Resolution #329, recommending an amendment to the zoning ordinance to remove Duplex and Apartments from the list of uses in BN zones. City Planner Logan explained that this recommendation had been initiated by the Planning Commis- sion because of certain situations which had developed in some BN zones. Hearing was opened. Mrs. Cunningham, Grandview Street, said she was certainly in favor of passage of this pro- posal; that businesses were required to install green belts, but apartment houses needed only a fence to separate them from single residential. No one else in the audience wished to comment and the hearing was closed. 0 78 • A motion was made by Councilman Slye, seconded by Councilman Nelson that proposed Ordinance #1478 be passed. Councilman Haines felt the primary aim of a certain location in north Edmonds was to have adequate site screening rather than doing away with apartments in BN zones. Mr. Logan answered that BN should encourage business and not other uses such as apartments. Richard Dickson, Planning Commission Chairman, stated that the Planning Com- mission had considered all -areas in the city before this recommendation was given; not cer- tain areas or one in particular. The intent was to stop high apartment buildings with no site screening in the BN zones. Mrs. Natalie Shippen stated that she doubted the validity of the BN concept; apartment buildings had moved into the areas; and she favored passage of the ordinance. Councilman Nelson said he would rather have a complete rezone than allowing apartments in BN areas. Vote was then taken on the motion to pass Ordinance #1478, and it carried with.Councilman Haines voting against.' SECOND READING: PROPOSED ORDINANCE ESTABLISHING ALTERNATE TUESDAYS AS REGULAR COUNCIL MEETING NIGHTS Second reading was held on a proposed ordinance to establish alternate Tuesdays as regular council meeting nights in cases where it is impossible to complete the full agenda on only two regular meeting nights per month. It was moved by Councilman Nordquist, seconded by Councilman Kincaid that proposed Ordinance #1479 be passed, and the motion carried. RESOLUTION TO ISSUE QUIT CLAIM DEED In order to issue a quit claim deed to Gunnard Swanson, conveying property by the City of Edmonds as noted in Ordinance #624, a motion was made by Councilman Nordquist, 'seconded by Councilman Nelson that Resolution #222 be passed, authorizing the Mayor and City Clerk to sign and convey this Quit Claim deed. Motion carried. • CORRESPONDENCE A letter from Donald R. McIntosh, Jr. and Earl A. Cole, of 207th P1. S.W., was read, com- plaining about motor cycle traffic in the Pine Ridge Park adjacent to their properties. This was referred to the Chief Administrative Officer. Mayor Harrison read a letter of commendation from Fire Chief Cooper, in regard to the efficient action taken by Patrolman Hasner at the scene of a fire on April 6, which resulted in the rescue of a woman who might otherwise have lost her life. A letter also gave recog- nition to Policemen Wyatt, Anderson and Smith for their efforts at this same fire. A petition was received from a group of students from Edmonds, Woodway and Meadowdale High Schools asking for consideration to be given to establishment of a Coffee House for Teens in Edmonds. Mayor Harrison said the Citizen's Liaison Committee had discussed this and several suggestions had been made. This matter will be studied. AUDIENCE PARTICIPATION Natalie Shippen inquired once again as to what progress had been made for underground.wiring in Edmonds. It was noted that this was being actively considered by residents on 9th Avenue, north of Main in conjunction with the UAB project there. City Engineer Leif Larson stated that this will be in the Capital Improvement Program for the City, and plat development requirements include this. Mrs. Shippen said she was concerned about all the arterials now going in with 90% of the cost being paid yet without underground utilities being re- quired; that perhaps the city should initiate the undergrounding at this same time. Bill Caspers asked if matching money couldn't be obtained from the UAB for beautification? He felt in order to get a petition going they would need cost figures, and that leadership was needed to begin the petitioning, since he thought residents might wish to get under- ground facilities by paying the same amount they would have had to pay if the UAB were not taking care of 90%. Mayor Harrison stated that this fact had been presented at two public hearings and lacked support for underground. The 2% sales -use tax was brought up by the audience, and the Mayor explained the tax and reason for the necessity to levy.it. The 5`/. Utility tax also was brought up, and it was explained that this was necessary this year in order to balance the budget, and when this emergency situation was over, perhaps it could be channeled into areas such as participation in underground facilities. Natalie Shippen asked if the city could initiate an underground LID? She was answered yes, by' Resolution of Intention. Mr. Ray Johnson, Bowdoin Way, brought to council his request to save a tree that is grow- ing about 3 feet on the R/W in front of his home where the UAB project is progressing. Mayor Harrison and Engineer Larson had looked at the tree and its location and felt it was a choice of either the tree or the sidewalk. The City Engineer stated that under the cir- cumstances, because of the city's liability, he recommended that the tree be removed; that he saw no logical way to save it since the sidewalk"kgrade would undermine the root system in any case, even if they built around it. Mr. Armstrong in the audience also spoke in favor of saving the tree. COUkIL PARTICIPATION Councilman Nordquist thanked the City Engineer for following up on the silt condition in Lake Ballinger by contacting Mountlake Terrace about the problem. Councilman Nelson inquired about the situation in regard to the union contract with the Police department. No contract has :.as yet been signed, and the city's offer is presently in the hands of the Police for consideration. • 1 1 0 • Councilman Haines again asked for consideration by the council of a conflict of interest policy or code of ethics. He felt it would serve as a guideline for councilmen and be a good reference. Councilman Kincaid answered that the'one word "conscience" is the best code'of ethics, and he felt it was necessary,to use only this when voting or deciding whether or not to vote on certain issues. Mayor Harrison announced that Mayor Anderson of Everett had been elected by the cities' Mayors as Snohomish County representative on Pollution Control. The Mayor also announced that the District Court Judges had passed on Edmonds and Alderwood Districts being combined with two full time judges to serve. CLAIMS FOR DAMAGES Claims for damages were acknowledged from.Joe Lowder, Susan Winget, and Gene C. Shabnow. These were referred to the City Clerk for processing. WATER LINE LATE COMER AGREEMENT REQUEST A request had been received from Trygve Fiksdal for an.LCA on the water line serving his condominium. Engineer Larson suggested a review of the matter, a report to,the council at their next work meeting, and possible action at the council meeting of April 21. It was moved by Councilman Kincaid, seconded by Councilman Nordquist that this matter be continued to the next meeting. Motion carried. REQUEST FROM RONALD SEWER DISTRICT FOR SEWER SERVICE • A request had been received from Ronald Sewer District for sewer service through the Ed- monds treatment plant. The 33 homes asking to be served are located in the vicinity of Firdale Village and are in a natural drainage area that flows toward our service. After some discussion, a motion was made by Councilman Tuson, seconded by Councilman Kincaid that the City of Edmonds deny the request of Ronald Sewer District for connection of the area to the Edmonds sewer system. ICouncilman Haines felt that this service should be allowed because of its being in a natural drainage area and to avoid the necessity of their having to install a pumping station. Councilman Kincaid stated that a policy was initially es- tablished by Edmonds to keep sewer service within the confines of the city except for schools, et., and we are now in the process of revising our agreement with Mountlake Terrace. He added that Edmonds has had to install pumping stations in several cases, and although this might be an inconevience to.the Ronald District, he still felt the sewer system should not be expanded to that extent. Councilman Tuson agreed. Mr. Chittenden, in the audience, asked several questions about the area requesting connection, and about alternate routes they could use. Councilman Kincaid felt that the city would be breaking a policy that would be the beginning of other requests and why should Edmonds take over other people's problems when we have enough of our own. Councilman Nelson thought each situation should be looked at separately, and since this request is in the same drainage area, Edmonds would be helpng.to protect itself, and it would not harm Edmonds' situation as long as the area paid its own way. Councilman Sanborn asked if this area were allowed to connect, how many other parcels would the line be passing who might also wish to connect in the future? Engineer Larson explained that the entire surrounding area has been sewered by Olympic View and there are no other septic tanks south of the city, except for Woodway, to the King County line. He also added that with the payment of $5,000.00 plus a monthly service charge of $1.75 each, with an escalating clause, he did not feet it would put a fin- ancial burden on Edmonds. Councilman Sanborn felt if there were only 33 homes and no others left unsewered in the area, perhaps the city should take another look at the request. Councilman Kincaid still felt if the city went outside its established boundaries, there • could be future problems. A roll call vote was taken on the motion to deny the request, with Councilmen Tuson, Nordquist and Kincaid voting in favor; Sanborn, Nelson, Slye and Haines against, and the motion failed to carry. ! It was then moved by Councilman Nelson, seconded by Councilman Haines to accept the request of the Ronald Sewer District for sewer service from Edmonds; establish a fee and recurring amount as advised by the City Engineer; and subject to the restriction of boundaries for 33 homes; with a contract ggreement being formulated, to be reviewed and approved by the City Council. A roll call vote resulted in Councilmen Nelson, Slye and Haines voting in favor; Sanborn, Tuson, Nordquist and Kincaid against, and this motion also failed to carry. It was moved by Councilman Kincaid, seconded by Councilman Sanborn that the matter be cont inued to the next public hearing at the council meeting of April 21. This motion also failed, and it was decided to refer the matter to a council work meeting. AUTHORIZATION FOR USE OF PARK ACQUISITION FUNDS FOR IMPROVEMENTS AT SUNSET BEACH Council was asked authorization for use of park acquistion funds for the improvement of Sunset Beach. Park and Recreation Director, Jim Jensen, reported that it would take $35,000.00 with 50% matching funds being received from Snohomish County. Discussion was held, and it was moved by Councilman Nelson, seconded by Councilman Haines to authorize the use of Park Acquisition Funds for the improvements at Sunset Beach. James Paul, in:.the audience, stated that he was against the expenditure of this large sum of money on Sunset Beach for a bulkhead and restrooms when there were other recreational facilities the city needed badly. Councilman Tuson answered that the original bond issue that the people voted for had never been spent on Sunset as planned. Further discussion followed, and the motion then was voted upon and carried. 0 RESOLUTION AUTHORIZING REQUEST FOR MATCHING COUNTY FUNDS FOR SUNSET BEACH • Councilman Nelson moved, seconded by Coun cilman Nordquist that proposed Resolution #223 be passed, authorizing the Mayor's application for funding assistance for the Sunset Beach development to the Snohomish County City Matching Fund for Parks and Recreation. Motion carried. CONSIDER POSSIBLE ADOPTION OF YOST PARK PLAN The Edmonds Park and Recreation Advisory Board asked for the adoption by council of the Yost Park Plan as presented some months ago. Coun cilman Sanborn inquired about tree topping going on in Yost Park, and it was noted that one party had been given permission to top one vine maple that had been topped about five years ago to protect the view. No other tree topping or cutting had been authorized, and this would be investigated. City Planner Merlin Logan, in reference to the adoption of the Yost Park Plan, had submitted to the Mayor and Councilmen an alternate plan. In view of this alternate plan, and in order to study it furtherbefore taking any action on the Yost plan, a motion was made by Councilman Haines, seamded by,Councilman Slye to tattle the possible adoption of the Yost Park Plan:.until the meeting of April 21. Councilmen Sanborn and Nelson both felt that action on the Yost plan should be taken at tonight',s meeting, but Councilman Slye said there were interesting com-. ments in the alternate plan submitted tonight by the Planner, and he saw no urgency in going ahead with the adoption of the Yost Plan,tonight. A roll call vote showed Councilmen Tuson, S1ye,Ixincaid and Haines voting in favor of tabling this matter; Sanborn, Nelson and Nordquist against, and the motion carried. Margaret Lerfald, chairman of the Park and Recreation Advisory Board, asked for council suggestions along the lines of study of these plans. Councilman Haines said the tabling was to give council a chance to question the City Planner on his alternate plans and figure the money situation. SET DATE FOR HEARING ON APPEAL - PLANNING COMMISSION RESOLUTIONS #330 AND #331 An appeal had been received from the recommendations of the Planning Commission to deny requests for the waterfront in Resolutions #330 and #331, Files ZO-2-69 and R-8-69. It was moved by Councilman Nelson, seconded by Councilman Sanborn that May 19 be set as the date for hearing on the appeal. Motion carried with Councilman Haines abstaining because of waterfront ownership. LEASE OF UNION OIL PARK With the City of Edmonds in need of areas for baseball diamonds, a possible lease of the Union Oil Co. property west of the Treatment Plant to be utilized for this purpose had been discussed. Jim Paul spoke in favor of this move, and stated that the park would be used by others as well.as the Little League players. Several of the school ballparks heretofore used are not available this season for various reasons, and the men's softball league would also like to use the Union Oil field. Mr. Paul added that he could round up voluntary labor and some money for the preparation of the ballfield area, but that it would not need to be an expensive installation; needing mostly grading and a backstop. Jim Jensen, Park and Recreation Director, noted that with lack of funds, this could become a maintenance problem. Engineer Larson added that there had been discussion on the probability of using this property for a public works storage. Feeling that the property can be looked at toward development and storage, a motion was made by Councilman Slye, seconded by Councilman Tuson that proposed -'Resolution #224 be passed, authorizing the Mayor to execute a lease for util- ization of the Union Oil Park with the Union Oil Company of California. Motion carried. FIRST READING: PROPOSED ORDINANCE ESTABLISHING A TRAFFIC VIOLATIONS BUREAU 1 1 • 1 First reading was heard on a proposed ordinance to establish a traffic violations -bureau for the City of Edmonds. HEARING DATE SET FOR PLANNING COMMISSION RESOLUTION #322 - (CONTINUED) • It was moved by Councilman Slye, seconded by Councilman Snnborn.that hearing be cnntinued to April 21 on Planning Commission Resolution #322, regarding the proposed piggyback oper- ation on the waterfront. Motion carried with Councilman Haines abstaining as he has an interest in waterfront property. PROPOSED RESOLUTION FOR WATERMAIN LID With recommendation of the City Engineer, a motion was made by Councilman Slye, seconded by Councilman Tuson that the Attorney be instructed to prepare a Resolution of Intention for an LID for watermains on Driftwood Lane between 8th and 9th, and on 8th between Driftwood Lane and Puget Drive. Motion carried. There was no further business, and the meeting adjourned at 11:10 P.M. IJ Irene Varney M an, City Clerk H. H. Harrison, Mayor u