19710105 City Council Minutes•
SET HEARING DATE ON FINAL ASSESSMENT R®LL - LID 177 - 76th SIDEWALKS
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A motion was made by Councilman Nordquist, seconded by Councilman Slye that
January 199 1971 be set for hearing the final Assessment Roll LID 177.
Motion carried.
SET HEARING DATE ON FINAL ASSESSMENT ROLL - LID 179 - WALNUT AND BOWDOIN WAY
FROM 9th TO FIVE CORNERS.
It was moved by Councilman Nelson, seconded by Councilman Nordquist that
February 2, 1971 be set for hearing the final Assessment Roll LID 179.
Motion carried.
FIRST READING: PROPOSED ORDINANCES
First reading was held on the proposed ordinance establishing duties of Finance
Director.
First reading was held on the proposed ordinance setting the Salary schedule
for 1971.
Meeting adjourned at 11:10. P.M.
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Irene Varney Mo an, City Clerk
January 5, 1971
ROLL CALL
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H. Harrison, Mayor
Regular meeting of the Edmonds City., Council was called to order by Mayor
Harrison with all councilmen present.
APPROVAL OF MINUTES
Minutes of the council meeting of December 15 had not been received by some of
the council members and it was therefore moved by Councilman Nordquist,
seconded by Councilman Sanborn that approval of these minutes be continued to
the next meeting. Motion carried.
HEARING: ON PLANNING COMMISSION RESOLUTION 333
Hearing had been continued from November 17 on Planning Commission Resolution
333, revised development standards for duplexes and apartments. A letter
dated November 27, 1970 was read from the South Snohomish County Board of
Realtors, Inc., requesting that the council table any decision on this matter
to a meeting in February. However, since the letter had been held for reading
on this date, members of the Board of Realtors were present with their
attorney ready to make a presentation in case the matter was not postponed.'
Therefore, the hearing was reopened.
City Planner Merlin Logan explained the history of this matter, from the
hearings held by the Planning Commission and City Council to the discussions
and study of the proposed new standards. He then gave a summary of these
changes as proposed. ,
Attorney Wes Hodge, 905 Norton Building, Seattle, representing the South Sno-
homish County Board of Realtor, Inc., discussed the proposed ordinance and
stated that as written it was in his estimation unconstitutionalas well as
not accomplishing what the city had set out to do. He felt the apartment
standards should remain as they now are,'since it is not a crucial time for
apartment building with the present economy. Councilman Kincaid inquired
about the expected report that had been requested from the -Real Estate Board
by the Council, listing any suggestions for -the proposed standards. Attorney
Hodge answered that this was not available tonight. He added that an original
investment in an apartment house, if it becomes non -conforming because of
passage of -these proposed standards, is lost if destroyed by fire, as it
would not be able to be rebuilt as before. Thus the owner.of,this piece of
property is denied his original right to build. He also felt that the owner,
of a piece of property purchased for investment under one set of standards
should be able to build upon this property at a later date with the same set
of standards, instead of being penalized for holding the land vacant for a
future building site. Councilman Sanborn stated that a zoning code should be
allowed to be changed with the times, and it was within the power of the
Council to rezone. Attorney Hodge answered that it was within the rights of
the city to change the zoning for reasons of health, safety and welfare, but
not just for the sake of change. Councilman Haines said that the purpose of
the review was to do away with some problems that might arise within the city
in the future, and added that Item C.in the proposal spelled out a bonus plan
wherein denaity such As that of neighboring apartments could be granted. He
also mentioned the appeals that were allowed. Mayor Harrison stated that
where abuse is potential, the City Planner would be able to give or refuse a
bonus, and this is better than completely changing the requirements, since
each site is unique. Attorney Hodge said he was in favor of the reconstruc-
tion aspect of a destroyed building to its original standards. He added that
it would be possible to build a substandard building and be within the code,
so better tools were available than what is now proposed.
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Howard Olds, 12th N., stated he did not at present own multiple zoned property •
in Edmonds, and he would like to see the minutes of both the Planning Com-
mission and the City Council hearings in regard to these proposed changes in
standards, as he doesn't feel there is pressure or support from the public
for these changes.
Elmer Harris, owner of
Edmonds Realty on Main Street,
stated that he had not
heard anyone ask for these changes except the Planning Commission and Council,
and the proposals were
Edmonds. He suggested
a detriment to good apartments
returning to the old code now
and condominiums in
in effect, with the 35
ft. height limitation as before. There were no other
comments, and the
hearing was closed.
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It was moved by Councilman Haines, seconded by Councilman Slye to retain the
averaging height of 35 ft. on exterior walls and strike the changes from the
Planning Commission proposal and proposed ordinance, leaving the height as in
the present ordinance. Howard Olds stated that the current economy does not
warrant haste in this matter, and he requested tabling it for 90 days to give
the Council time to study specific recommendations from the Board of Realtors.
He felt if the existing density is not hurting anyone, then the present ordi-
nance should not be changed. He urged time to come up with a good ordinance.
Carl Lanser, realtor, said that it was his original objections to the 35 ft.
height, and that the 35 ft. limit was defeating the purpose of the Council,
and he also suggested a work meeting between the Council and Board of Realtors
to sit down and'come up with acceptable changes.
With a motion on the floor, Councilman Kincaid moved by amend the motion to
state that apartment units be limited; not to exceed three stories in height,
meaning not more than three habitable floors with the slope area limited to
garage space only. This amendment died for lack of a second.
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Councilman Nelson moved that the motion be amended to include that height
averaging be from the original grade rather than from the finished grade.
Following discussion, Councilman Nelson withdrew his amendment.
It was moved by Councilman Sanborn, seconded by CouncilT,pan Tuson to amend
the motion so that in Section G7 on Page 5 of the presentation, the last
sentence be retained, relating to the two prohibited types of built up fin-
ished grades. A roll call vote was taken, and the amendment carried with
Councilman Slye voting against.
A roll call vote wae:xaken on the original motion as amended, and this
carried unanimously.
Councilman Kincaid then suggested that council give favorable consideration
to requests from the South Snohomish County Board of Realtors, to be brought
in prior to the council meeting of February 2, and continue drafting of a
proposed ordinance until this date. He put this in the form of a motion,
seconded by Councilman Slye. Councilman Haines answered that any proposed
changes could come to council after the ordinance was passed, and then pro-
posed changes go to the Planning Commission rather than having a continuous
hearing on this before anything is done. Vote was taken on the motion, and
it failed to carry.
Councilman Haines made a motion, seconded by Councilman Sanborn to instruct
-the City Attorney to prepare an ordinance from Planning Commission Resolution
333 as amended tonight, for a first reading at the next council meeting on
January 19. •
Councilman Kincaid moved, seconded by Councilman Tuson to amend this motion
to exclude town houses from the duplex zoning. A roll call vote showed
Councilman Sanborn, Tuson,.Nordquist and Kincaid voting;in.favor; Nelson,
Slye and Haines against, andc'the amendment carried. The original motion as
amended was then voted upon with a roll call, and this carried with Council-
men Sanborn, Tuson, Kincaid and Haines voting in favor; Nelson, Slye and
Nordquist against.
A motion was made by Councilman Nelson, seconded by Councilman -Sanborn that
the paragraph in the zoning ordinance regarding reconstruction of destroyed
residential buildings, Section 12.15.105 and Paragraph B of Section 12.13.110,
duplex regulations, be directed to the Planning Commission for hearing.
Motion carried unanimously.
PROPOSED ORDINANCE AUTHORIZING CONDEMNATION PROCEEDINGS ON 9th S.
Attorney John Wallace explained to Council that the City has been unable to
negotiate a settlement for four lots on 100th from Westgate to 232nd, and a
proposed ordinance for condemnation proceedings was presented. A motion was
made by Councilman Slye, seconded by Councilman Nelson that proposed Ordi-
nance #1527 be passed, authorizing condemnation proceedings for these pro-
perties. Motion carried.
CASH PREPAYMENT ORDINANCE - LID # 164
It was moved by Councilman Slye, seconded by Councilman Tuson that proposed
Ordinance #1528 be passed, cash prepayment expiration for LID #164. Motion
carried.
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FIRST READING: PROPOSED ORDINANCE - CRIMINAL TRESPASS ON SCHOOL GROUNDS
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First reading was held on a proposed ordinance dealing primarily with criminal
trespass on school grounds.
SECOND READING: 1971 SALARY ORDINANCE
A motion was made by Council#kan Kincaid, seconded by Councilman Nelson that
proposed Ordinance #1526 be passed, setting the salary schedule for employees
of the City of Edmonds for 1971. Motion carried with Councilman Slye voting
against as he was not satisfied with some of the salaries of Department Heads.
SECOND READING: ORDINANCE ESTABLISHING DUTIES OF FINANCE DIRECTOR
It was moved by Councilman Haines, seconded by Councilman Sanborn that pro-
posed Ordinance #1529 be passed, establishing the duties of .the Finance
Director. Motion carried.
REQUEST FOR AUTHORIZATION TO APPLY FOR MATCHING FUNDS FOR FIRE DEPT. AID.CAR
Fire Chief Cooper reported that the 1971 budget had a sum of $6,000.00 bud-
geted for an aid car for the Fire Dept. He asked for authorization to request
matching funds if available, and a motion was made by Councilman Sanborn,
seconded by Councilman Nelson to authorize application for matching funds for.
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a Fire Dept. aid car. Motion carried.
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COUNCIL PARTICIPATION
Councilman Haines noted that a copy of.a letter from Mabel Blake Smith had
been.received by each councilman regarding the dismissal of Wally Slabaugh.
Councilman Haines remarked that it was damaging to the well being of the city
to have happenings such as this without sufficient cause being given. He
suggested that perhaps establishment of Civil Service for all personnel below
the CAO would be the answer, in order to give the employees some degree of
security regardless of changes of administration following elections. He
added that he would like to have some discussion on this matter. Councilman
Kincaid stated that the Mayor had adequately answered the letter from Mrs.
Smith. Councilman Slye said that Civil Service would tie the hands of the
Mayor in regard to the appointive positions. Councilman Sanborn noted that
this topic was worthy of discussion, and it was suggested that this matter.be
referred to a council work meeting. CAO Lawson stated that changes in City
of Edmonds supervisory heads over the years has been minimal.
Councilman Tuson asked if the monthly warrant register sent to the Auditing
Committee could be received at their homes in time to study before the
council meeting night, as this had not been done the past month.
Councilman Slye mentioned the recent overflow of the water tank, and was told
that the altitude value had not been working correctly.
Councilman Kincaid brought to council attention the parcel of land at 195th P1.
S.W. west of 76th that had come before council with a rezone -request from
single to duplex. Council had been assured by the owner at that time that he
would build on the property and not acquire a rezone in order to speculate ,
and sell in the future. However, Councilman Kincaid stated that there is now
a 4x6 "For Sale" sign on this property. He thought council should keep this
in mind when.appeals come to council for rezones. Councilman Haines suggested
the rezone follow the individual owner and not the land, and a time factor for
building on the land inserted. City Planner Logan answered that the courts
say use of the land would apply regardless of the owner.
Councilman Sanborn had a question ofi*blacktopping on both Walnut and on 76th
in this weather, because of the piotruding'manhole covers on these' -streets.
Councilman Kincaid asked if the City Engineer could have a plan for the in-
tersection at 76th and Highway 99 before the next work meeting.
Councilman Nelson asked .that -the Engineer and Attorney work with the Olympic
View Water District to try and solve the problem of tar in the water in the
Paradise Lane area during the summer months. He felt it would be well to
head off the problem before it occurs again this summer.
Mayor Harrison reported that Union Oil Company had notified the City that it
would be willing to allow use of the Dayton Street property for Public Works
storage purposes in exchange for a street use permit in the alley behind their
station located at 5th and Maple. However, Union Oil also stated that in the
utilization of the alley, they wish to be allowed to improve it as an ingress
driveway and would need. a firm term .of use. Following discussion, Council
agreed to give a firm term committment, and the City Attorney will reply to
Union Oil Company in regard to the matter.
Mayor Harrison stated that Fire Chief Cooper had received a certificate from
the State of Washington Fire Service Training Program for his participation
in the Management Institute recently in Richland.
The Mayor read a letter from the Snohomish County Law & Justice Planning
Office asking for one member from the City Council to act as representative
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on the Law & Justice Planning Committee. This will be taken up at a council
work meeting.
REAPPOINTMENT TO BOARD OF ADJUSTMENT
Mayor Harrison reappointed George Grant to Position 6 on the Board of Adjust-
ment, term to expire 12/31/74. It was moved by Councilman Slye, seconded by
Councilman Nelson that the Mayor's reappointment of George Grant be confirmed.
Motion carried.
APPOINTMENT TO PARK BOARD.
The Mayor made the appointment of Dick Hankinson to Position 8 on the Park &
Recreation Advisory Board, this being a term to expire 9/19/73. A motion
was made by Councilman Haines, seconded by Councilman Nelson that the Mayor's
appointment of Dick Hankinson be confirmed. Motion carried. ,
CLAIMS FOR DAMAGES
Claims for damages were acknowledged from Emmett E. Palm, Lynne R. Maynock,
and Cliffore M. Gooby. These.were referred to the City Clerk for processing.
APPOINTMENTS OF BUILDING,OFFICIAL AND DEPUTY TREASURER
Mayor Harrison appointed Harry Whitcutt as Building Official and Lila Crosby.
as Deputy Treasurer, and it was moved by Councilman Slye, seconded by Coun-
cilman Tuson that these appointments be confirmed. Motion carried.
RESOLUTION OF INTENTION 234
A motion was made by Councilman Nelson, seconded by Councilman Haines that
Resolution of Intention 234 be passed, to improve 9th Avenue N. from Casper
Street to Daley Street by conversion of all overhead electric and communica-
tion facilities to underground facilities, with hearing on the preliminary
assessment roll to be set for February 169 1971. Motion carried.
RESOLUTION OF INTENTION 235
It was moved by Councilman Slye, seconded by Councilman Nelson that Resolu-
tion 6f Intention 235 be passed, to improve 9th Avenue (a/k/a 100th Ave. W.)
from Casper to 232nd Street S.W. with the construction of curba, gutters,
sidewalks, and all necessary appurtenances for a complete improvement, with
hearing on the preliminary assessment roll to be set for February 16, 1971.
Motion carried.
RESOLUTION 235
It was moved by Councilman Slye,,seconded by Councilman Tuson that proposed
Resolution 235 be passed, declaring the intention of the City to annex by
ordinance portions of a county road contiguous to the existing city limits,
namely that portion of 98th Ave. S. between the northerly R/W line of Edmonds
Way (Secondary State Highway No. 1-W) and�the south boundary line of plat of
Olympic View Estates No. 1, extended, and hearing on the annexation to be
held on February 169 1971. Motion carried.
A motion was made by Councilman Tuson, seconded by Councilman Kincaid that
council postpone to,the next regular meeting the matter of the sewer agree-
ment with Mountlake Terrace. Motion carried.
There was,no further business and the meeting adjourned at 11:10 P.M.
Irene Varney Mor , City Clerk
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January 19, 1971
ROLL CALL
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H. Harrison, Mayor
The regular meeting of the Edmonds City Council was called to order by Mayor
Harrison with all councilmen present except Nordquist, who arrived at 8:20.
APPROVAL OF MINUTES
Minutes of the meetings of both December 15 and January 5 had been posted and
mailed, and with no omissions nor corrections they were approved'as written.
HEARING: ON APPEAL OF L.T. HOOD - PLANNING COMMISSION'FILE P-4-70
Hearing was held on the appeal of L. T. Hood from the decision of the Planning
Commission to deny his request for a preliminary plat.
City Planner Merlin Logan showed council a map of the plat design, stretching
northward from Bowdoin way, and gave a brief description and summary of the
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