Loading...
19730619 City Council Minutes11 477 1 1 • 1 lanes to use if and.when they were required; this was the.basis for widening; but that at that time when the four lanes are used for traffic, parking would then be restricted. Councilman Anderson stated that it was a great advantage to pass on the right in case of an emergency if held up by traffic turning left at an intersection - at 76th and 212th, for example. He felt the volume of traffic at major intersections justified left turn areas. Councilman Nordquist mentioned that the Ballinger area people were impressed with the job being accomplished'by the striping on 76th in their area. Councilman Gellert suggested striping left turn lanes at the busy intersections. There followed discussion on the pros and cons of striping and of allowing or not allowing four lanes of moving traffic. Councilman Gellert then moved, seconded by Councilman. Anderson to adopt the City Engineer's recommendations for markings on 76th north of Highway 99; 9th between Westgate and'Main; and Main and 212th from 9th to 72nd W.; with additional striping of left turn lanes at major intersections. A roll call vote was taken, with the motion carrying. Voting against were Nelson and Anderson. APPROVAL OF FIREWORKS STANDS A list of ten applications for Fireworks Stands was submitted by the Fire Chief. They were: Boys Club of Snohomish County, Inc. Boys Club of Snohomish County, Inc. Cub Scout Troop 303 Edmonds DeMolay Chapter Holy Rosary Youth Activities Jobs Daughters, Bethel #50 LDS Elders Quorum - South Cascade North Queens Drill Team Richmond Highlands Jaycees Sunnyside_Boys Home 100th & Edmonds Way (Robin Hood Lanes) 5th & Howell Way (A & P Store) 212th & 76th Avenue West (7 - 11 Store) 7527 - 212th S.W. (lot east of ARCO Station) 22828 - 100th Avenue West (Thriftway) 8401 Main Street (Tradewell) 835 Edmonds Way (Albertson's) Sunset & Dayton (Safeway) 226th and 76th (K=Mart) 226th and 76th (K-Mart) Chief Cooper stated that in accordance with the Edmonds City Code, all locations have been inspected and he recommended approval of the above listed stands. A motion was made by Councilman Nordquist, seconded by Councilman Anderson to approve the list of 10 applications for Fireworks Stands as designated by the Fire Chief in his letter dated June 11, 1973. Motion carried. SET HEARING DATE FOR PLANNING COMMISSION RESOLUTION 4407 Planning Commission Resolution ##407 was presented to council for the purpose of setting a hearing date. This was a resolution recommending approval of a proposed amendment to the official zoning map of the City of Edmonds to rezone from RS-20 to RS-8 property described in Planning Commission File R-2-73. June 19 had been the suggested date, and a motion was made by Councilman Nelson, seconded by Councilman Nordquist to set June 19 as the date for hearing Planning Commission Resolution #407, and the motion carried. There was no further business, and the meeting adjourned at 10:50 P.M. Eleanor Quealey, Deputy ity Clerk June 19, 1973 ROLL CALL f Harve H. Harrison, Mayor The regular meeting of the Edmonds City Council was called to order at 7:30 P.M. at the Driftwood Playhouse by Mayor Harve Harrison. All council 478 members were present except, Nordquist who was on vacation; Councilwoman Shippers, who had notified the City Clerk and Councilman Winters, who had notified the Mayor that he was unable to attend. APPROVAL OF MINUTES Minutes of the council meeting of June 12 had been posted, mailed and dis- tributed. Councilman Anderson noted that on Page 6.of the minutes'in the last paragraph regarding "Arterial Traffic Control Policy" he had not made the second to -the motion. Councilman Tuson said he had made the second. The minutes were then approved as corrected. COUNCIL PARTICIPATION Councilman Gellert asked the Deputy City Attorney if you would need an affirm- ative vote of four council members to approve anything on the Water System Improvement scheduled for the next council meeting. Mr. Wallace answered that if it involves the expenditure of monies, it would require four affirmative votes. It was thought that a full council should be present for this matter, however since it has been published, it was decided to hold the hearing and then postpone any action until a full council can be present. Councilman Tuson mentioned a financial report regarding the Water/Sewer Fund that he and other council members :haa received. He said that when he receives a statement indicating a net profit of $142,000 he takes that at face value and'believes that we have that amount. However, he finds that this is not the case. CAO Whaley said that in getting down to the final analysis in the next couple of weeks he hopes to be able to amplify and get better figures. The • Mayor commented that this particular report had been created in accountant's language.and should have been in language directed to the council members. Councilman Nelson said he would like to notify the City Clerk that he will be about one and one-half hours late next week. Councilman Gellert asked that the Clerk made sure that we have a quorum for the next council meeting. Mayor Harrison read a letter which he had received from the Washington State Parks and Recreation Commission notifying the City that the Andrew Carnegie Library in Edmonds has been accepted for placement in the National Register of Historic Places. The Carnegie Library was built in 1911 with a grant of $5,000 and represents one of approximately 1,689 library buildings which were funded by the Andrew Carnegie Foundation. Mayor Harrison noted that he had a request from the Parks and Recreation Depart- ment to expend some $6,000 for planning funds for the Seaview and Sierra Parks. He said there are duplicate copies of two contracts from Calvin Jordan and Associates for the design planning and the scope of the work goes to, but does not include working drawings. This would also include an estimate of construc- tion cost for all phases of construction.' The Park and Recreation Director, Rod Garretson had stated in this request that he and the Park Board approve of the architect and feel that his price for the work is fair and acceptable. Mr. Garretson recommended that the Mayor sign,the contract. Mayor Harrison felt that since there has been discussion in the past regarding hiring outside help for work of this kind, that he should bring it to the council for considera= tion. Following some discussion with regard to whether this was provided for in the budget, Councilman Tuson said he had noted that an architect had been • hired at a cost of $63.00 to show where the plants and shrubs should be placed in the new parking lot. He said he did not approve of.that and also mentioned that Chuck Lake does a real fine job keeping up the city grounds. The Mayor then continued saying that the proposal was to use $2500 for Seaview Park and $3,500 for Sierra Park. Councilman Gellert asked if the entire $6,000 was in their budget and would it be necessary to do both parks at this.time. He thought perhaps it would be a better idea to do Sierra Park first and see how it turns out and whether it is worth it to do the second'one. Mayor Harrison said he thought it would be a good idea to bring this matter up again next week when Mr. Garretson would be back from vacation. Mr. Whaley suggested that Mr. Keith LaBelle be at the meeting to represent the Park Board. Councilman Tuson asked if there has been a contract let to landscape the parking lot. Mr. Whaley replied that Mr. Garretson had brought over a proposal from a firm that installs planting. This was for labor and planting at a cost of $800.00. Mr. Whaley stated further that there was no way at this time for the city forces to do the work at this time. Mr. Whaley said it looked like a fair price. AUDIENCE PARTICIPATION Mr. Dick Kennedy of Seattle -Northwest Securities Corporation, stated that he had a recap of the General Obligation Bond Sale ($162,000) that was held at r 7:.00 P.M. this evening. Three bids were received.- The low bid was submitted by Seattle -First National Bank at an effective interest rate of 5.26%. The second bid was submitted by National Bank of Commerce at 5.27% and the third bid was submitted by Seattle -Northwest Securities at 5.37%. All bids were checked and verified. The low bid was in order and Mr. Kennedy recommended that the council take action on the low bid of Seattle=First National Bank and return the checks to the other two bidders. Allen Tuttle, Finance Director, r� U 479 also recommended acceptance of the low bid. Councilman Gellert moved, seconded by Councilman Nelson to accept the low.bid of Seattle -First National Bank on .the G.O. Bonds ($162,000) at an effective interest rate of 5.26%.- Carried. Councilman Gellert asked if it was normal for the Bond Counsel to bid on bond issues. Mr. Kennedy said that when it goes to public bid, anyone can bid on it as long as they post a good faith check. On G.O. bonds such as these banks can bid, but on revenue bonds banks cannot bid for re -offering purposes. Mayor Harrison asked the Deputy City Attorney if it would be out of line for a council member to bid on bonds such as these. Mr. Wallace said it would not, but that you would have -to bid to take the entire issue. The Deputy City Clerk, Eleanor Quealey, read a letter from Roberta Peterson regarding tourism in Edmonds and offered some suggestions. One was the placement of beach umbrellas on the beaches and another was to put a sign indicating on a map where the pool is, the parks, etc.. Mayor Harrison said he thought the idea of beach umbrellas is something to think about. Councilman Gellert thought the map was a good idea also. Councilman Tuson said that he had received a letter from the same person asking why there is not a regular traffic light at 5th and Main. He had told her that he would have to refer this to the City Engineer. CAO°REPORT CAO Ron Whaley said that he would like to set for council hearing, Planning Commission Res. 410. This is a resolution recommending approval of a proposed amendment to the official street map. This.was to be the removal of 40, Urban Drive between 4th South and 5th South. A motion was made by Councilman Anderson • and seconded by Councilman Nelson to set July 3rd as the hearing date for this matter. Motion carried. HEARING: PLANNING COMMISSION RESOLUTION #407 This is a resolution recommending approval of proposed amendment to Zoning Map to rezone from RS-20 to RS-8 property described in Planning Commission File No. R-2-73. City Planner, Joe Wallis, projected slides on the screen showing the Comprehensive Plan, etc. and views of the property and the area surrounding. It is bounded on the east by 68th West and on the south by 172nd. The area of the plat is about 31-2 acres and the lots are averaging 9,600 sq. ft. Councilman Anderson questioned the advisability of going from RS-20 down RS-8. Mr. Wallis pointed out that the steep slope on the west side creates a buffer zone between the RS-20 and RS-8. Councilman Tuson asked about sewers for this property and City Engineer, Leif Larson said there are sewers in the area which could serve this property. He said he could see no problem as far as water or sewers are concerned. There was some discussion on how this could be accomplished._ Councilman Anderson then asked if Engineer Larson could forsee 68th W. or 172nd being put through - eventually. Mr. Larson said conceivably 68th W. could be, but because of the topography 172nd probably would not be. Councilman Nelson asked if we have dedicated right-of-way. Mr. Larson said we do, but he did not know the amount. Councilman Nelson then inquired about the drainage in the area. Mr. Larson indicated on a map how the drainage takes place in the vicinity.. He said it is a spring area and there are drainage problems all over the area. He said • connecting to sewers in the entire area would reduce the drainage problems, but he would not know to what extent until the sewers are connected. Storm: drainage was discussed at length. Due to the topographical characteristics and the natural boundaries, Mr. Wallis thought that this re -zone would not set an adverse precedent for extending the higher density use in this area. He therefore recommended approval. Mayor Harrison then opened the hearing. Mr. Ed Morgan, 8611 NE 132nd Pi., Kirkland an engineer with Group Four Inc. representing the owners said that the RS-8 zoning would be compatible in the area and has a lot of tree cover, which would be retained as much as possible. Mr. Morgan made a comment about short plats. Council asked for clarification on this. It was explained that a parcel of land could be divided into four large parcels and then later each one of these could be sub -divided into smaller lots. Capt..Shields said we do have short plats in the City unless it has been changed in the last three or four years. Mr. Gogert, 6906 - 174th mentioned that Mr. Frye got one through just a few months ago and "short plat" was the term he remembered being used at that time. Mr. Wallis pointed out that a parcel could be sub -divided into smaller lots but would have to conform to the minimum lot size zoning in the particular area. Mr. Morgan reiterated that the land lends itself to the lesser zoning and that he did not think there would be any drainage problem resulting from.drainage from the upper lots going down on the lower lots as the trees and foliage would be left on the steep slope. No one else wished to comment,.and the hearing was declared closed. Councilman Anderson then moved seconded by Councilman Tuson to reject the proposed amendment to the Zoning Map to rezone from RS-20 to RS-8 the property described in Planning Commission File # R-2-73. Councilman.Anderson said that one of the reasons we have RS-20 zoning in the north end of the City is because of the c 480 • abrupt changes in the.topography. He thought if there is to be a transition, it would make.more sense to rezone to RS-12 than to go all the way down to RS-8. There was considerable discussion and it was asked what the feeling was in the neighborhood regarding this proposed rezone. Mr. Gogert said that he had showed plans and talked to many people in the neighborhood and they did not object. Councilman Gellert amended the motion asking that the rejection be accompanied by a referral back to the. Planning Commission for a consideration of RS-12 zoning. Councilman Nelson seconded. The amendment was voted upon and carried. The motion was then voted upon and this also carried. APPROVAL OF PRELIMINARY PLAT OF SOMERSET City Planner, Joe Wallis reported this matter had been considered by the council at its May 15th meeting And the Planning Commission has since approved the preliminary sub -division. He projected slides on the screen showing the area in question. Mr. Wallis said that the proposed sub -division is in sub- stantial complaince with the sub -division regulations, and it is his recommendation that the sub -division be approved on a preliminary basis. Councilman Gellert asked if there.were not to be some changes with regard to lot lines and the angulation. Mr. Wallis said they have had a re -submittal with that correction made. Councilman Gellert moved seconded by Councilman Nelson to approve the preliminary plat of Somerset as presented. Motion carried. APPROVAL OF FINAL PLAT OF GATEWOOD City Planner, Joe Wallis, stated that the final plat is in conformance with the preliminary submitted. The only difference that has occurred is that they have re -located. the accesses onto 220th, which does not conform to the stipulations made in the motion approving the preliminary plat. He asked that the engineering consultant explain to council why he took the action that he did. Councilman Gellert asked if the number of accesses had been changed on 220th. Mr. Wallis replied that the total number of accesses on 220th remains the same, but that there is an additional access on 9th which is also an arterial. City Engineer,. Leif Larson said that the consultants had submitted an engineering drawing with some corrections made, but he did not know the reason for the changes. Mr. Jurgen Sauerland of Reid, Middleton said that at the time they submitted the preliminary plat they did not know all of the factors involved as far as the topography of the property was concerned. He said that in preparing the engineering plans, they found in the field, that there was quite a knoll and it made it more feasible for site and also for clearing (taking out the minimum _amount of trees), to place the access between lots 5 and 6. He indicated this on a drawing which he showed to the council. He also explained that they put the other access in on 9th as they did not want to'place the house on lot 9 on fill. Following discussion, Councilman Gellert moved seconded by Councilman Anderson that the plat be approved with the restriction recommended by the engineer that there be three accesses on 220th SW. Motion carried. APPROVAL OF TEMPORARY CONCESSION AGREEMENTS FOR FOURTH OF JULY The following organizations have submitted applications for temporary concessions. They have submitted proof of adequate insurance and have been approved by the Police and Fire Chiefs: 1. Boy Scout Troop #301, - Annual Chicken-Q 2. Edmonds Assembly #38, Order of Rainbow Girls - hotdogs, pop, etc. A motion was made by Councilman Nelson and seconded by Councilman Anderson to approve the above applications, Motion carried. REPORT FROM ENGINEER ON DIBOFF EASEMENT MATTER City Engineer, Leif Larson reported on this matter and referred council members to a four page memo which had been submitted to the Mayor -and council. There was a sketch included which showed the easement and the problems involved. Mr. Richard Rosaia had subdivided his property in 1964 with a 20' easement to serve as ingress and egress to his subdivision. Subsequently, Mr. Diboff, in 1968 had a subdivision and this included a 20' easement on his particular piece of property. However, Mr. Larson said he believed during the discussions of the Planning Commission, that it was indicated that due to the fact that there were some nice trees in the easement that they should work it out in such a way that the cars would come in on one side and circle around and go out on the other side. An easement was granted by Mr. Diboff and Mr. Rosaia making everybody an interested party including the City of Edmonds for the purpose of providing the ingress and egress. Mr. Rosaia developed his property first and apparently put the -road in so it went on both pieces of property. At the time Mr. Rosaia's easement was granted and the subdivision approved, there were no conditions on the development and Mr. Larson did not believe there were any for Mr. Diboff's property either. Now Mr. Diboff feels that the rockery that has been placed on the Brue property is a violation of the easement. Mr. Diboff has taken out a fence permit intending to fence his property, which would require the people on the west to drive on that par- ticular easement. Mr. Larson said it seemed that the intention of the easement that was signed to the City and by the property owners that it was supposed to be used to ingress and egress to all. However, at this time it is a question 1 n LJ 1 • 1 1 0 41 1 1 1 as to what legal position should be taken. It was hoped that it could be worked out between a nd property owners, but it has,,not. The only thing.that could be done then is to re -locate the rockery so it is out of the easement, and then hope a road system could be designed that would be.satisfactory to everyone. Mr. Larson thought at this point we should ask the City Attorney what position the City has in this matter. Deputy City Attorney, John Wallace stated that the rockery clearly infringes upon the City's right of egress and ingress which has been granted under the various easements. As such, without a Right -of -Way Invasion Permit would be an improper use impinging on the City access rights. The City would be within its rights to request the removal of those improvements. Mr. Wallace stated further that fencing any of the area would likewise impinge on the City's rights of ingress and egress. There was some discussion with Mr. Diboff, who was in the audience, as to the location of some trees. Mr. Larson, said it seems to be a matter calling for the removal of the rockery. He said they did write a letter to the owner and no action has been taken and -he also did not think it was right for Mr. Diboff to put a fence down. Therefore, he thought that the only action that we could take is that this rockery be removed and that the intention of the original easements and the Planning Commission be carried out. Council asked if the fence was in existence now. Mr. Diboff answered that he had started it, but he had gotten a letter from an attorney, and then in turn had consulted Mr. Bennett and was advised by him to check with the Mayor and Council before proceeding any further. Mr. Diboff said he wanted to sell the two back lots, but the buyers did not want to buy because of the way the road is set up., Mr. Diboff said that he owned some bills and wibhed to sell these two lots in order to pay these bills. He thought someone could put a lien on his property if this was not taken care of soon. Councilman Nelson questioned Mr. Diboff as to the location of his fence. Mr. Diboff said he proposed to run it right down the old property line. Councilman Nelson then pointed out that Mr. Diboff has made an invasion.of the right-of-way with his proposed fence and the Brue's have also invaded the right-of-way, so they are both violating the mutual contract that was entered into. Mr. Diboff said that he needed his 20' of the easement in order to have a private access road, which would than make it possible for him to sell his -two lots. Mayor Harrison said we should take the attorney's advice, and take action•to force the Brues to pull their rockery out of the right-of-way. Mr. Mark Schinman, 23709 - 80th Lane, said that it would not affect him one way or the other if the rockery remained there or was moved, but he asked if there would be room for another road So that the other two houses could be built? Mr. Larson said we require 201. He said at the time it was indicated that there would be 10' of the road on one easement and 10' on the other easement. Removing the rockery would straighten out the road and conform to the agreements that were made in regard to the subdivision and development of the property. Mr. Schinman asked who would pay for this. Mr. Larson said he assumed the gentleman who was responsible for putting the rockery in would be responsible for moving the improvement out of the easement, but he said he would defer that the the attorney. Mr. Schinman asked who would pay for moving the road over. Mr. Larson said he could not answer that, but hoped that this was something that could be worked out. PROPOSED ORDINANCE FOR PARKING RESTRICTIONS ON ADMIRAL WAY This is an ordinance supplementing Sec. 8.64.045 of the Edmonds City Code restricting parking on both sides of Admiral Way from Dayton Street to a point 1600 feet southerly of Dayton Street for certain periods of time. • A motion was made by Councilman Gellert and seconded by Councilman Anderson to pass Ordinance #1664. Councilman Nelson asked the Police Chief what the extent of the problem is. He said it is just jammed with parked vehicles and lineups of cars with boats waiting to be launched. Councilman Tuson asked how this area will be policed and Chief Foster replied that he will have to assign extra help. Following further discussion, the motion was voted upon and oarfi6d with Councilman Nelson voting against. PROPOSED ORDINANCE AMENDING CURFEW LAW This is an ordinance amending Secs. 5.16.010 through 5.16.030 of the Edmonds City Code establishing curfew hours with respect to minors within said city, prescribing penalties and establishing an effective date of said ordinance. A motion was made by Councilman Anderson and seconded by Councilman Tuson to pass Ordinance #1665. Motion carried. CITY POLICY REGARDING OUTDOOR BURNING The Mayor reported that recently the -Air Pollution Control Agency adopted.a resolution allowing the burning of natural vegetation. Essentially it allows people to burn yard clippings and wood if it has not been treated with a prohibited substance, between the hours of 10:00 a.m. and sunset. An individual must have a permit from the local fire department. A motion was made by Councilman Tuson and seconded by Councilman Gellert that we adopt this change to allow the burning of vegetation. Fire Chief Cooper clarified some points in answer to questions from the council. Land clearing burning would require a permit from the Air Pollution Control Board. The motion was then voted upon and carried. • 482 n LJ There being no further business to come before council, the meeting was adjourned at 10:10 P.M. � r Eleanor Quealey, Deputy C' y Clerk Harve H.Harrison, Mayor June 26, 1973 ROT.T, CATS, The regular meeting of the Edmonds City Council was called to order at7:30 P.M. by Mayor Harve Harrison. All council members were present eRcept Nordquist, who was on vacation; Councilwoman Shippen, who is on vacation and Councilman Nelson, who arrived at 8:50 P.M. APPROVAL OF MINUTES Minutes of the council meeting of June 19, 1973 had been posted, mailed and distributed, and with no corrections nor omissions, they were approved as written. COUNCIL PARTICIPATION Mayor Harrison announced that Bob Boye is resigning from the Planning Commission as of the 20th of June. Mayor Harrison offered the name of Larry Naughten to serve out the.unexpired term of Mr. Boye. Mr. Naughten is a long time • resident of Edmonds, residing at 8th and Laurel. He is employed by Griffin Envelope Company and was a recent applicant for the council vacancy. At the time he was interviewed with respect to the council vacancy, he expressed an interest in parks, litter control and a cover over the pool. A motion was then made by Councilman Tuson and seconded by Councilman Winters to.confirm the Mayor's appointment of Larry Naughten to serve the unexpired term of Bob Boye on the Planning Commission. Motion carried. The Mayor mentioned that he and the council members had received a memo from City Planner, Joe Wallis, asking for their views on the long-range goals for the City of Edmonds. Mayor Harrison said he would welcome an endorsement, modification or expansion on those ideas that they could send to Mr. Wallis to help him and the Planning Commission to establish these long-range goals. CORRESPONDENCE Mayor Harrison stated that he was in receipt of a petition from some residents of Mountlake Terrace with about forty signatures.' This petition had been presented to the Mountlake Terrace City Council at their regular meeting on June 18th. It expressed concern about the construction of the 236th extension arterial and its impact on the overall environment _of the area and specifically the impact on the now polluted Lake Ballinger. Local elected officials have maintained that no impact study is required due to the fact that the UAB funding was granted prior to the enactment of our State Environmental Law. However, no construction, only right-of-way acquisition, has been completed. At this same meeting, landscape architects presented plans for the proposed Lake Ball- inger Park with recommendation for an environmental impact study prior to development. There is also a proposed condominium apartment complex to be constructed by Quadrant Corporation who has indicated that they will make such • a study. The 236th St. S.W. Arterial Extension will bisect these two parcels of land - park and apartment. The letter went on to say that if impact state- ments are pertinment to these two projects, they strongly protest the omission of one for the arterial running amidst these two parcels. With construction pending, the residents are soliciting advice and support from all.agencies and officials having responsibility for insuring compliance with the laws. They asked for a -response from the City of Edmonds in this regard. The letter was signed by Douglas Hodgkiss, representing the petitioners. Mayor Harrison stated that the City did participate in the 228th St. Project with the understanding that the City of Mountlake Terrace. would complete their project of 236th. He said he thought it was in the best interest of Edmonds that we do not do anything to impede.the progress of this highway. City Engineer, Leif Larson said that this is also on the Snohomish County Trans- portation Study as an arterial. The council asked the Mayor to write to the petitioners and Mountlake Terrace stating that we wish this project to proceed. Councilman Tuson said he would like to thank the person responsible for sending him the bills. He said he really appreciates this, and that if he has a question on any particular.item, he will call the department involved. ACTION ON PROPOSED BOND ISSUE FOR WATER SYSTEM IMPROVEMENT Mayor Harrison stated that this matter had been postponed from two weeks ago so that it could be adequately publicized in order to allow interested citizens to attend the meeting. City Engineer, Leif Larson said he would report on this matter giving a brief history of the Edmonds Water System, the deficiency 0