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19710316 City Council Minutes154 • A motion was made by Councilman Nordquist, seconded by Councilman Nelson that hearing on Planning Commission Resolution #351, proposing alternate standards for residential access streets, be set for May 49 Motion carried. There was no further business, and the meeting was adjourned at 10:47 P.M. Irene Varney Moran ity Clerk H. Harrison, Mayor March::16� 1971 ROLL CALL The regular meeting of the Edmonds City Council was called to -order by Mayor Harve Harrsion with all councilmen present except Slye, who is on vacation. APPROVAL OF MINUTES Minutes of the meeting of March 2 had been posted and mailed, and with no omissions nor corrections, they were approved as written. AGENDA ITEMS 6 & 9 Mayor Harrison announced that agenda item number 7 would not be acted upon to- night as the City Planner had reported that the proposed'contract'.Ibetween the • City and the property owner involved had not yet been signed -by Mr. Schroeder. A motion was made by Councilman Nelson, seconded by Councilman Sanborn that council defer action on the proposed ordinances, including agreements,'for Planning Commission Resolutions 347 and 348 until the April 6 council meeting. Motion carried. Because agenda item number 6 was heard in conjunction with the two items under number 7, it was moved by Councilman Kincaid, seconded by Councilman Nelson that tonight's agenda item number 6, a proposed ordinance to establish a 60' street in accordance with Planning Commission Resolution 345, also be deferred to the council meeting of April 6. Motion carried. 9th AVENUE SOUTH UNDERGROUND WIRING Mayor Harrison reported that the special informal hearing on the possibility of undergrounding wires on 9th S. had been held last Tuesday evening as scheduled. He added that Bill Shaw, Frank Reis and Don Wright, representing the PUD, were here in the audience tonight with additional information to present to council. They stated that the PUD would like to defer the underground wiring on 9th 8. for a period of approximately 607days and during that period would put its engineering and commercial departments to work on the project, along with help from the Telephone Company and City engineering staff. Representatives from the PUD would also call on every resident within the involved area to fully explain the underground wiring situtation in order to clarify any problems regarding the proposed project. Mr. Wright went on to say that the PUD would probably be able to come up with realistic cost figures by that time'and they • felt that now is the ideal time to begin undergrounding the wires when this street is improved. Councilman Kincaid stated that he felt reluctant to run the chance of a delay on the calling for bids on this project,•:_;or 9th might not get paved in 1971. Councilman Sanborn agreed that a 60 day delay was bad, but since it would be the first PUD underground wiring project in Edmonds, both the PUD and the City could learn something from this, and it would seem terrible not to go ahead and allow the PUD some time to clarify the costs and project to the residents, and 60 days did not seem too critical. He added that it would certainly be an opportunity to acquire figures and costs for future arterials; 9th is the largest project in Edmonds to date; and the completed street would be in for a long time to come. Councilman Kincaid inquired if it took 60 days for the PUD to complete their survey, could they then proceed immediately thereafter on the proposed project? Mr. Wright answered that they would do their very best to be prepared to proceed. Councilman Kincaid then asked the City Engineer what a 60 days delay on the bid 'would mean. City Engineer Larson answered that although there was no advertisement for bids as yet, he had planned it for the latter part of April so that the contractor would be able to take advantage of the good weather, and a delay might result in the project going into next year. He expressed the preference of avoiding construction in winter if possible. When questioned by council, the Engineer stated that there would be no change in the city's design plans if the undergrounding is added to 9th S. Councilman Haines asked the PUD representatives what the delay would resolve - cost, public relations, or engineering time? Mr. Wright answered that with 9th Avenue being improved to become one'of the finest new streets in Snohomish County, underground wiring should be included if at all possible, but the residents probably do not have a full understanding of what is involved and • • perhaps the PUD can adequately explain it to them. At this point, Councilman Haines called for a five minutes recess, which the Mayor declared: Following the recess, Mayor Harrison again called the meeting to order, and council then asked the PUD if they could change the 60 day request to a 30 day delay, and in the meantime circulate,petitions for the underground wiring in order to eliminate the 30 day protest period and save that amount of time. Mr. Wright, after consideration, answered that the PUD would do their very best to complete these requirements within 30 days. A motion was made by Councilman Tuson, seconded by Councilman Nordquist that the PUD be allowed a period of 30 days to come up with their figures and a program, with signed petitions for the undergrounding on 9th S., to allow the petition method to be used instead of the resolution of intention method, thus eliminating the 30 day protest period. Motion carried. HEARING: ON PLANNING COMMISSION RESOLUTION 346 Hearing was held on Planning Commission Resolution 346, recommending an amend- ment to the City Code to increase service charges for applications regarding planning, zoning and platting request. City Planner Merlin Logan briefed the council on this request to update fees, most of which were set some years ago. He stated that the Edmonds fee schedule is low in comparison to the surrounding communities, and he presented a table • of charges showing those of surrounding cities as well as the county. This table also listed suggested charges for Edmonds. Mr. Logan said he felt ,the suggested charges were fair, as he was convinced the Planning Department ex- pends much time on these special services which are an extra cost to the city and its taxpayers. Hearing was opened. Capt. Shields stated he did not like the idea of raising the fees. No'one else in the audience wished to comment, and the hearing was closed. Following discussion and questions asked the Planner by council members for clarification purposes, it was'moved by Councilman Nelson, seconded by Council- man Sanborn that the Attorney be instructed to prepare an ordinance in accor- dance with the recommendations in Planning Commission Resolution 346, except that'on all rezones, change to a flat fee of $75.00 instead of using the Snohomish County .sliding scale approach. Councilman Haines stated that he was against an increase in the fees since the City Planning Department's time was for the benefit of all taxpayers and the good of the community as a whole, so that a change in zoning was not necessarily for the good of the applicant only, but a service to the entire city. f A roll call vote was taken on the motion, and resulted in a tie with Council- men Sanborn, Nelson and Nordquist voting in favor; Tuson, Kincaid and Haines against. Mayor Harrison broke the tie with a yes vote, and the motion carried. HEARING: ON APPEAL FROM PLANNING COMMISSION RESOLUTION 349 (W. J. KASPER) Hearing was held on the appeal of W. J. Kasper from Planning Commission Reso- lution 349, recommending denial of a proposed rezone from RS-12 to RS-8 • property described in File R-940. City Planner Logan explained the rezone request, which would make a potential of 16 additional lots. He projected a map on the screen showing land use and zoning of the area, and commented on the reasons for denial by the Planning Commission. Mr. Logan had recommend denial, also, explaining that there was no significant change in the area under application since it was originally zoned RS-12 in 1964. Also, soil conditions and the topography were not suited to smaller lots. Hearing was opened. Forrest Walls, 831 Daley, was opposed to the rezone request and asked the council to deny it, since he felt no situation now existed here to justify a change in the present zoning ordinance. He added that a rezone with a pro- posed addition of 16 lots would increase the population density substantially in the area, and this would have an adverse effect on the surrounding neigh- borhood and serve no public interest. Mr. Kasper, applicant, explained to council that there were 8 ownerships on the properties involved, and these properties were long strips of land with access problems. He said he felt the area had changed since the drawing of the comprehensive plan; that 9th Avenue will become a major arterial; and the streets in the area have opened up or land has been dedicated for this purpose. He stated that if the rezone is granted,, the inc rease in building lots would not exceed three, since only three property owners will be able to develop. No one else wished to speak either for or against the appeal, and the hearing was closed. Following council discussion, a motion was made by Councilman Kincaid, seconded by Councilman Tuson to uphold the recommendationiof the Planning Commission in 0 their Resolution 349, and deny the rezone. Motion carried. 156 HEARING: ON APPEAL FROM PLANNING COMMISSION..,RESOLUTION' 353. (G.,'JOHN_. DOCES) • Hearing was held on the appeal of G. John Doces from Planning Commission Resolution 353, recommending denial of a proposed rezone from RMH to CG property directly behind the Doces furniture store off Highway 99 as described in File R-1-71. City Planner Logan projected a map of the area involved on the screen, showing the zoning of the surrounding properties, and reviewed the site plan adopted in 1967 by the City as -:well as the requested proposed site plan. He also re- ported on the Planning Commission hearing, which included protests from residents in the neighborhood, and then went on to note that the 1967 contract agreement between Doces and the City stated that-Doces would not object to street improvements on 240th and/or 242nd at any future date. It was the recommendation of the City Planner that this rezone request be granted. The reasons stated by .the Planning Commission for denial were that the enlargement of the CG,zoning in this area.of the city is not needed because adequate areas of such zoning have already been established in the vicinity and also that truck traffic generated by the existing commercial development is causing a problem on the local residential streets. Hearing was opened. Darrel Myers, 24023 - 79th P1. W., complained of a history of pushing commercialism in this area, and stated that there were already traffic problems on 240th, as well as drainage problems, and he mentioned what he called the abominable condition of the multiple zoned area behind the store. A woman living across the street from the Doces apartment zoned property on 242nd stated that she was in favor of straightening out the north -south line of commercial zoning and could see no objection to granting this rezone. Tom Murphy, resident in the culdesac east of the multiple zoned property behind . the store, said that as time changes, additional request will be made to re- zone the RMH to more commercial and he felt this should be done all at once, not piecemeal. A woman living east of the Doces property on 240th objected to the drainage problem that she said had increased since the building of the Doces store, and she felt the drainage problems in the area should be taken care of before any expansion is allowed. Edmonds Chief Administrative Officer, D. C. Lawson, answered that any type of development will cause runoff and result in some drainage problems. Bob Boye, Planning Commission member, was in the audience and stated that he lives in the area in question and had opposed the rezone. He added he would like to see a stop to commercial rezones on the east side of Highway 99 and try to keep that triangle residential from the highway to 76th. He suggested that perhaps the council might negotiate with Doces to allow expansion of the commercial zone for the addition to the warehouse portion of the store in exchange for the apartment zoned area to be returned to single family, and perhaps straighten out the north -south line of commercial zoning. Mr. G. John Doces explained that all the parking area around the furniture store has drainage tile as required; that the proposed apartments for the RMH 'zone had not been built because of the past and recent tight money situation;z and that the RMH zoned land behind.the store drops off steeply to the east, and someone has been hired to clean up the property. A woman in the audience asked Mr. Doces why his name had not appeared on a petition to improve 240th, and he said he had not seen any petition. However, Councilman Sanborn clari- fied this problem by explaining to the woman that in any case, Mr. Doces would not have to sign a petition because it was a part of his original contract agreement with the city that he would automatically participate in any LID on those streets in question. A gentleman in the audience inquired about the proposed negotiation for allowing the commercial line to be straightened and the RMH property zoned back to single. Mayor Harrison asked Mr. Doces what he thought of this suggestion and Mr. Doces replied that the land there was owned by the family enterprises and he added that he would not need any more ware- house space in the future, so would not be asking for more expansion to commer- cial. He also felt that with the proposed expansion, there would be even less truck traffic necessary. Except for one other man in the audience who stated that he was in favor of stopping commercialism in the area, no one else wished to comment, and the hearing was closed, Councilman Haines suggested several points that might be included'in the pro- posed new contract with Mr. Doces, and he then made a motion, seconded by Councilman Sanborn that council approve the appeal of G. John Doces and grant the rezone as requested, subject to signing of a satisfactory contract to include the following items: that the warehouse be used for storage purposes only; enlarge the depth of the green belt; satisfactory site maintenance, in- cluding the clause tha�t_the city clean the RMH zoned area at Doces' expense if it is not taken care of immediately; post limits on trucks; and that any drainage problem caused by the building be adequately taken care of. A roll call vote showed all councilmen in favor except Tuson and Nordquist, and the motion carried. AUDITING OF BILLS A motion was made by Councilman Haines, seconded by Councilman Nelson that the following LID bills be approved for payment; LID #151 - $148.12 to Edmonds City Treasurer for assessment on easement; LID #179 - $28.70 to Edmonds Tribune Review for legal publications; 1 11 • C • 1 LJ LID #184 - $40501.44 to Reid, Middleton & Associates, Inc. for engineering • 157 • services, and the City Clerk be authorized to issue an interest:.bearing warrant to Edmonds City Treasurer in the same amount to cover this bill; Motion carried. It was moved by Councilman Haines, seconded by Councilman Nelson that warrant #8 in the amount of $761.28 be paid to Reid, Middleton & Associates, Inc. from 1970 Water -Sewer Revenue Bond funds for engineering services in connection with utilities construction for 84th Ave. W. UAB project not chargeabel to the UAB. Motion carried. A motion was made by Councilman Haines, seconded by Councilman Nelson that warrants #12369 through,412572 in the total amount of $247,363.33 be approved and payments of these regular monthly bills be authorized. Motion carried. PROPOSED RESOLUTION TO CANCEL ACQUISITION OF "PARADISE PARK" AREA As instructed at the last council meeting,, the Attorney presented a resolution relinquishing the city rights under contract No. Wash. OSA-31 (G) for a grant for open -space purposes through the Department of Housing and Urban Develop- ment for acquisition of proposed Paradise Park. A motion was made be Council- man Nelson, seconded by Councilman Tuson that proposed Resolution #239 be passed, and the motion carried. SECOND READING: PROPOSED ORDINANCE INCREASING BOARD OF APPEALS A motion was made by Councilman Haines; seconded by Councilman Nelson that • proposed Ordinance #1538 be passed, amending section 11.02.020'of the Edmonds City Code by increasing the number of members of the Board of Appeals from 5 to 7 and setting forth their terms of office. Motion carried. APPOINTMENTS TO BOARD OF APPEALS • 1 1 Mayor Harrison then made the appointments of Walt Payne and C. A. McConnachie to the Board of Appeals, and a motion was made by Councilman Nelson, seconded by Councilman Tuson that the Mayor's two appointments to the Board of Appeals be confirmed. Motion carried. PROPOSED ORDINANCE TO CHANGE SALARY MAT FROM 3% BIENNIAL INCREASES TO li/. ANNUAL INCREASES It was moved by Councilman Nelson, seconded by Councilman Sanborn to continue to the April 6 meeting the second reading of the proposed ordinance to change the salary mat from 3% biennial increases to 1Y/. annual increases. Motion carried. CLAIMS FOR DAMAGES Claims for damages were acknowledged from Peggy Ann Layman and from Edwin L. Sather. These were referred to the City Clerk for processing. APPOINTMENT TO BOARD OF APPEALS The Mayor made the appointment of Paul Hauge to the Board of Appeals, and a motion was made by Councilman Kincaid, seconded by Councilman Nelson that the Mayor's appointment of Paul Hauge to the Board of Appeals be confirmed. Motion carried. AUDIENCE PARTICIPATION Mr. Luthard Stavney, 1621 9th N., complained to council about a drainage problem involving his property, and this was referred to the City Engineer for investigation and report. There was no further business, and the meeting was adjourned at 11:45 P.M. ieslg�_" 044 Irene Varney Moran, gty Clerk April 6, 1971 ROLL CALL H. Harrison, Mayor The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with five councilmen present. Councilman Sanborn was ill and Councilman Nordquist was also absent. APPROVAL OF MINUTES Minutes of the meeting of March 16 had been posted and mailed, and with no omissions nor corrections, they were approved as written. •