19710406 City Council Minutes157
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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
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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.
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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.
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HEARING: PRELIMINARY ASSESSMENT ROLL - RESOLUTION OF INTENTION 236 -
PHASE III 76th UAB
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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
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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
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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.
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CASH PREPAYMENT ORDINANCE FOR LID #179
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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:
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Irene Varney Moran, Cift Clerk H. Harrison, Mayor
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