Loading...
19710406 City Council Minutes157 • 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. • HEARING: PRELIMINARY ASSESSMENT ROLL - RESOLUTION OF INTENTION 236 - PHASE III 76th UAB 0 Engineer Larson explained this was the final portion of 76th to be approved total cost of the three phases, and cost of this phase. He further ex- plained to the people in the audience the zone and termini method of assessment and the way in which the assessments could benpaid. He stated there was a tentative starting date of May, and'that the bid calls for completion in 90 days. Hearing was then opened. Mrs. John Patterson, 18815 78th P1. W. stated they were against the side- walks being put in. She said the back of their lot f aced 76th, it is a very steep bank and would not be usable by them. She said kids cut across their backyard all the time now and that with the installation of a sidewalk there would be more, and that they would need to install a fence. Eng. Larson said their property was in a reduced assessment zone because they do abut 78th. Councilman Nelson said he had been contacted by Mr. James Barndt, 18807 78th P1. W. discussing benefits for people with side yards and back yards abutting 76th. Attorney Murphy said that benefits perhaps are not personal, but in the event of sale of property appraisers first look to improvements to property and immediately raise the valuation of the property. Engineer Larson stated that regardless of whether the sidewalks are installed, the City would have to pay 10% of the cost and the cost would probably still be $4.00 per zoned front foot.- A gentlemen in the audience said he understood the City had trouble with the contractor on Phase II in keeping the dirt down. Engineer Larson stated that it was written in the specs that the dirt would be controlled, It was also stated in the Phase II specs, but there had been a mix-up at one time. Hearing was closed. It was moved by Councilman Kincaid, seconded by Councilman Slye that Ordinance #1539 be passed establishing L.I.D. #185 for the construction of concrete sidewalks, curbs and gutters and paving of 76th Ave. W. Phase III of the UAB. Motion carried unanimously. :Councilman Haines asked that someone in the Engineering Dept. contact the people on 78th Place W. to explain the project, the benefits and what would be done by the City. HEARING: ON PLANNING COMMISSION RESOLUTION 350 - PROPOSING REVISED LOCA- TION FOR FUTURE STREET, 183rd PL. S.W., EAST OF 80th WEST. City Planner Logan stated that Mr. Earl Smith, 18325 80th Ave. W. had applied for a sub -division of his property and that the Planning Commission Street Map was not accurate in the placing of the street, but -that a survey had been made of the area now and the street would have to be located in the bottom of a steep valley. He said the R/W does take a corner of Mr. Smiths' ,property, but that he still desires to 'subdivide and with the street would still have sufficient square feet for two lots. Mr. Smith stated there was an existing 20 foot easement but that only 15' had been used. He said that unless he could have a 15' street he could not get to the back of his property. James L. Thompson, 18305 80th Ave. W. said it had been his understanding that a fire station would be built in the Perrinville area and that he was much in favor of the street being put in as it would benefit many people. He asked where he would stand if an L.I.D. was established to put in'a street, and property would have to be obtained from him. Attorney Murphy said in the event the street went in he would be paid the appraised price for his property and in turn pay his assessment. Engineer Larson said the extension of 184th to Olympic View Drive would be impossible because of the cliff, but the establishment of 183rd P1. S.W. would provide emergency circulation. Engineer Larson stated he would not recommend the street be put in at this time. A motion was made by Councilman Haines, seconded by Councilman Kincaid that Ordinance #1540 be passed amending the official street map adopted by Section 12.03.080 of the Edmonds City Code, as amended, by revising the location of a future street, 183rd P1. S.W. as provided by Plan- ning Commission Resolution No. 350, and recommend to the Board of Adjustment that a 3 foot variance be granted Mr. Smith from 18 foot ` road to a 15 foot road. Motion carried. HEARING: ON PLANNING COMMISSION RESOLUTION 352 - PROPOSING PROCEDURE TO DETERMINE A SPECIFIC AMORTIZATION PERIOD. City Planner Logan explained that at the time of the Planning Commis- sion hearings on zoning the annexed areas of the City of Edmonds it was established that business buildings in residential areas have an amortization period of 15 yeatsi�:. At the request of Mr. E. C. Collier, the owner of Evergreen Industries they were seeking to find a more fair treatment to owners of such non -conforming uses. Mr. Colliers prop- erty is brick and block with a tile roof and with the present amorti- zation period would have a life expectancy of only 8 more years. He has had several negotiations for sale or lease, but cannot do anything 1 • 1 1 L_J • when the people know ,there is only a future of 8 years. Planner Logan said he had talked to several appraisers and that their best cost estimate for fee for appraisal to establish a specific amortization period for an individual property and that the figure was between . $300.00 and $500.00. Councilman Tuson stated that the fee charged the property owner in this proceedure should be sufficient to cover the cost of consultant, as he felt it was not right tax money be used for this purpose. He suggested a certified check from the owner with the balance to be refunded if not used. As there was no one in the audience who wished to comment, the hearing was closed. Councilman Haines stated that at the time the buildings were erected in the county they were conforming and that there is no abatement in the county. He suggested that,the buildings and grounds be beautified in lieu of abatement. Captain Shields spoke from the audience and said the City told the people at time of annexation that whatever had been legal in the County would continue to be legal in the City. Attorney Murphy stated the City has the right to do this as long as they give an abatement time for the property. He thought this specific amortization period should be done on a case by case basis. A consultant would give his report, buti7. the City still would have the final say. Attorney Murphy recommended the Council pass the ordinance which would amend nothing, and then recommend the Planning Commission go ahead and work on beautification in Lieu of abatement. This would help to relieve Mr.,Colliers' problem. Councilman Tuson moved, seconded by Councilman Slye that the City Attorney be instructed to rewrite the proposed ordinance to include the posting of cash or other valuable securities sufficient to cover the cost incurred in consultants expenses to establish an amortization period and the difference in fees be returned to the applicant. Motion carried. It was moved by Councilman Haines, seconded by Councilman Slye that a recommendation be • made to the Planning Commission that they study the beautification proceedure to be used in lieu of abatement proceedings. Motion carried. PROPOSED ORDINANCE TO CHANGE SALARY MAT FROM 3'/. BIENNIAL INCREASES TO lz'/. ANNUAL INCREASES. CONTINUED FROM MARCH 16 Finance Director Art Zerbach explained the proposed salary mat. This matter had come up in negotiations with the unions. He said the proposed mat would change the total salary budget for the city less than 2% in the first year, or approximately $59000.00. Council- man Kincaid who was a member of the negotiation committee stated that it was an -act of good faith on the part of the city and that he was recommending the adoption of the ordinance. A motion was made by Councilman Haines, seconded by Councilman Nelson that Ordinance #1541 be passed amending Ordinance 1526, the 1971 Salary Ordinance, by providing a 1.5% annual longevity increases. Motion carried. It was moved by Councilman Kincaid, seconded by Councilman Nelson that the effective date for Ordinance #1541 be set at April 1, 1971. Motion carried. PROPOSED ORDINANCES INCLUDING AGREEMENTS FOR PLANNING COMMISSION RESOLUTIONS 347 AND 348 CONTINUED FROM MARCH 16 REZONE FROM N. SIDE OF 234TH. Planner Logan stated the Schroeders have submitted a contract to establish a 15 foot green belt. This would be 6 foot height at,time of planting with a 15 foot full height. It would be sight obscuring at maturity. A motion was made by Councilman Kincaid, seconded by Councilman Nelson that Ordinance #1542 be passed amending the official zoning map, by changing the zoning classification • from multiple residential, low density to single family residential, pursuant to Planning Commission Resolution No. 348, and from multiple residential, low density to general commercial pursuant to Planning Commission Resolution No. 347. Motion carried, with Councilman Tuson abstaining because he had not been present when this matter was brought to council. PROPOSED ORDINANCE TO ESTABLISH 60' STREET IN ACCORDANCE WITH PLANNING COMMISSION RESOLUTION 345 CONTINUED FROM MARCH 16 City Planner Logan explained the proposed amendment to the official street map of the City of Edmonds. A gentleman in the audience asked when the street would be put in and Ras told this was only a proposed street for sometime in the future. It was moved by Councilman Kincaid, seconded by Councilman Slye that Ordinance #1543 be passed amending the Official Street Map of the City of Edmonds pursuant to Planning Commission Resolution #345. Motion carried, with Councilman Tuson abstaining because he had not been present when this matter was brought to Council. PROPOSED REZONE ORDINANCE. WITH AGREEMENTS. FOR PLANNING COMMISSION RESOLUTION 353 (DOCES) Councilman Kincaid asked if there was a time limitation on the installation of the Green Belt. Planner Logan said there was not and that the installation would probably not be until an apartment complex was developed, but that it was not visible from the homes below the hill, so there is nothing to be buffered. Councilman Haines stated he thought the agreements were as the Council had instructed to the attorney to draw them. It was moved by Councilman Haines, seconded by Councilman Kincaid that Ordinance #1544 be passed amending the official Zoning Map of the City of Edmonds, -by changing the zoning 0 _1 U 0 1 classification of certain property from multiple residential, high desity to general commercial overruling Planning Commission Resolution No. 353 and authorizing the ex- ecution of an agreement and covenants. Roll call vote had Councilmen Nelson, Slye, Kincaid and Haines voting yes and Councilman Tuson voting no. Motion carried. PROPOSED ORDINANCES TO PROVIDE AMENDMENT CHANGES TO CITY CODE AND REVISING FEES FOR SUBDIVISIONS, ETC._ Attorney Murphy explained that the first proposed ordinance was a housekeeping : Ordinance to, provide- that -:amendments - to,- the,, Edmonds. City Code may set forth in full subsections as well as whole sections of said code. That would keep the ordinances from being so lengthy and keep the publication costs down. Councilman Haines moved, seconded by Councilman Nelson that Ordinance #1545 be passed amending Section 3 of Ordinance No. 857. Motion carried unanimously. The City Attorney explained the revision of fees for applications to subdivide, amend Official Street Map, etc* pursuant to Planning Commission Resolution No, 346. It was moved by Councilman Nelson, seconded bygCouncilman Kincaid that Ordinance #1546 be passed revising fees pursuant to Planning Commission Resolution #346. Motion carried. CORRESPONDENCE A letter was read from Stan Sorensen, Chairman of the Ecology Commission concerning the plans for beautification for the ferry holding area. Mayor Harrison said the Council would discuss this at their'next work meeting. A petition was read from a group of residents on 194th P1. S.W. asking the City Council . to abolish Ordinance #1459, which deals with Planned Residential Developments. A motion was made by Councilman Tuson, seconded by Councilman Slye that the petition be referred to the Planning Commission for consideration. Motion carried. COUNCIL PARTICIPATION Councilman Haines said he thought the Council should recognize the Stevens Memorial Hospital Guild production of Music Man , the cast and thank them all for the good work they are doing for the community. Councilman Haines then moved, seconded by Council- man Kincaid that the City,Attorney be instructed to draw a Resolution of Commendation for the production of Music Man. Motion carried. Councilman Haines stated that for all future rezones he thought that all registered owners in an area be a party to the rezone application. A motion was made by Councilman Haines, seconded by Councilman Tuson that the recom-' mendation be made to the Planning Commission that all registered owners be a party to rezone applications. Motion carried. CAO REPORT Chief Administrative Officer Lawson stated that the city income was remaining on a sound basis despite the depressed economy of the area. Income is close to the esti- mates. City Engineer Larson reported on the 9th Ave. protests - LID #183 - undergrounding and LID #184 - street improvements. LID #184 and 1% protest and LID #183 had 53% protest. He said it was now the Council'-s decision on whether or not to go ahead with the under - grounding because it was below the 60% protest which automatically ends a project. A motion was made be Councilman Slye, seconded by Councilman Tuson that the attorney be instructed to draw an ordinance to repeal L.I.D. #183. Roll call vote had Council- men Nelson, Kincaid and Haines voting no, and Councilmen Tuson and Slye voting yes. Motion failed. Councilman Haines stated he thought this was not a normal LID,that the other citizens of the City are helping to subsidize the project and he thought the City should go ahead with the undergrounding. Councilman Kincaid suggested they wait until the April .16th Council meeting when they get the report on 9th Ave. South. He said three years planning have gone into this project and he would hate to see it dropped so fast. Discussion was held on the delay and what it would do to the proposed LID schedule for the street and the -design and installation schedule of the P.U.D. Councilman Nelson said he thought,'they should approve the undergrounding on 9th N. because the city is participating one-third of the total cost. Councilman Kincaid moved that any action on L.I.D. #183 be delayed until April .16th pending the decision on 9th Ave. S. Motion died for lack of a second. APPROVAL OF EQUIPMENT RENTAL RATES It was moved by Councilman Tuson, seconded by Councilman Slye that the proposed Equip- ment Rental Rates be approved. Motion carried. • I F 9 161 n LJ CASH PREPAYMENT ORDINANCE FOR LID #179 Y A motion was made by Councilman Slye, be passed closing the cash -prepayment authorized. Motion carried. seconded by Councilman Nelson that Ordinance #1547 period for LID #179 and the issuance of bonds be ACCEPTANCE OF PLANNING COMMISSION RESOLUTION 354 - RECOMMENDING DENIAL OF AN AMENDMENT_ ' TO ZONING ORDINANCE TO ALLOW RECONSTRUCTION OF DESTROYED NON -CONFORMING APARTMENT BUILDING. It was moved by Councilman Slye, seconded by Councilman Tuson that the acceptance of Planning Commission Resolution.#354 be tabled to the April 20th meeing. Motion carried. SET HEARING DATE FOR PLANNING COMMISSION RESOLUTION 355 - RECOMMENDING APPROVAL OF AN AMENDMENT TO CHANGE REGULATIONS OF DUPLEX STRUCTURES IN APARTMENT AND BUSINESS ZONES. It was moved by Councilman Slye, seconded by Councilman Kincaid that hearing on Planning Commission Resolution #355 be set for May 4, 1971. Motion carried. CONSIDERATION OF REQUEST FOR ANNEXATION A motion was made by Councilman Kincaid, seconded by Councilman 'Tuson that the request for annexation be denied because it is not the policy of the City to annex on a piece- meal basis. Motion carried. CONSIDERATION OF NEW RATINGS AND PAY IN POLICE DEPT. AND FIRE DEPT. Chief Foster explained the request for the ratings of 3 new captains, and that in the • event one of the captains acted as Chief for 15 days or more in any six month period he then gets 3%.additional pay. The rankl,,of Captain already has been established by the Civil Service Commission. It was moved by Councilman Haines, seconded by Councilman Tuson that the rank of captain for three men be established in the Police Dept. and that the Civil Service Commission be directed to hold examinations to determine an eligibility list of at least 3 persons, with the pay established at $1,006.00 per month, with the understanding that in the event one of the captains acts -as Chief for 15 days or more in any six month period he then gets 3% additional pay, or $1,036..00 per month. Motion carried. Chief Cooper explained this was an adjustment to wages as the Assistant Fire Chief is now earning $9.00 per month less than the Lieutenant. He recommended the salary of Assistant Fire Chief be set at $1,006.00 per month. Councilman Slye moved, seconded by Councilman Tuson that the City Attorney be instructed to draw an ordinance amending the Salary Schedule to set the Assistant Fire Chief salary at $10006.00 per month.. A roll call vote had Councilmen Nelson, Tuson and Slye voting yes, and Councilman Kincaid and Haines voting no. Motion failed for lack of 4 yes votes. COUNCIL CONFIRMATION OF DONALD TUSON AS EX-OFFICIO MEMBER OF BOARD OF APPEALS Mayor Harrison announced that Councilman Tuson had accepted the exofficio member- ship of the Board of Appeals. CONSIDER ESTABLISHMENT OF A HOUSING AUTHORITY FOR THE CITY OF EDMONDS • It was moved by Councilman Slye, seconded by Councilman Kincaid that the matter of housing authority be tabled to the April 20th Council meeting. Motion carried. PARTICIPATION IN OVER RUNS ON THE MAIN STREET UAB, PROJECT A motion was made be Councilman Haines, seconded by Councilman Slye that final acceptance and payment (including payment of overerun costs) be made on the Main Street UAB project. Motion carried with Councilman Kincaid voting no. REPORT ON BIDS FOR TREATMENT PLANT EXPANSION AND SEWER OUTFALL EXTENSION Bids were opened in the Edmonds City Council Chambers March 23rd at 2:00 P.M. with Engineer Larson, Dick Allen, Lloyd Nelson, Doug Ames, City Clerk and repre- sentatives of participating firms in attendance. Engineer -Larson recommended that after going over the bids the low bids of Will Construction Co. for the Sewage Treatment Plant Expansion in the amount of $568,397.00 and the bid of A.H. Powers, Inc. for the Construction of Outfall Sewer Extension in the amount of $21,577.00 be accepted. It was moved by Councilman Tuson, seconded by Councilman Slye that the bid of Will Construction Co. in the amount of $568,397.00 and the bid of A. H. Powers, Inc. for the Construction of Outfall Sewer Extention in the amount of $21,577400 be accepted. Motion carried. Meeting adjourned at 11:45 P.M: t U Irene Varney Moran, Cift Clerk H. Harrison, Mayor 0