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19740326 City Council Minutesr: City Attorney, John Wallace, explained that if the petitions have not been signed by two-thirds of the people abutting the portion that is to be vacated, then the City may institute it on their own. Following some discussion, a MOTION: MOTION WAS MADE BY COUNCILMAN NORDQUIST AND SECONDED BY COUNCILMAN NELSON TO INSTRUCT THE CITY ATTORNEY TO DRAW RESOLUTIONS FOR THE CITY TO INITIATE VACATION PROCEEDINGS FOR VACATING A PORTION OF 180TH STREET S.W. AND FOR VACATING ALLEY BETWEEN 7TH AND 8TH, LYING WITHIN BLOCK 5 OF KELLOGG PLAT; AND TO SET HEARING FOR APRIL 23xd. MOTION CARRIED UNANIMOUSLY. PROPOSED AMENDMENT TO AMENITIES ORDINANCE TO ELIMINATE FEES MOTION: A MOTION WAS MADE BY COUNCILMAN NELSON AND SECONDED BY COUNCILMAN NORDQUIST TO PASS ORDINANCE #1704, ELIMINATING FEES FOR APPLICATIONS FILED WITH THE CITY AMENITIES DESIGN BOARD. MOTION CARRIED. PROPOSED ORDINANCE IN ACCORDANCE WITH PLANNING COMMISSION RESOLUTION#430 (TOWNHOUSES) MOTION A MOTION WAS MADE BY COUNCILMAN GELLERT AND SECONDED BY COUNCILMAN NELSON TO PASS ORDINANCE #1705, DEFINING THE TERM "TOWNHOUSES", ADDING "SUCH USE AS A PRIMARY OR PERMITTED USE IN RD AND RM DISTRICTS AND IN PLANNED RESIDENTIAL DEVELOPMENTS. MOTION CARRIED. CLAIMS FOR DAMAGES Council acknowledged receipt of a claim from Charles W. Bush in the amount of $78.12, which was referred to the City Clerk for processing. Council also acknowledged receipt of a claim from Phyllis Chandler against U.D.I. Construction Co., which was forwarded to the contractor as it is his responsibility. • There was no further business to come before council, and the meeting adjourned at 10:05 P.M. Eleanor Queal*, Deput ty Clerk Harve H. Harrison,"Mayor March 26, 1974 RnT,T, C'ALT, Regular meeting of the Edmonds City Council was called to order at 7:30 P.M. by Mayor Harve Harrison, with all council members present. APPROVAL OF MINUTES Minutes of the council meeting of March 19 had been posted, mailed, and distributed. Councilman Gellert noted that on page 5 under the amendment to the Amenities ordinance, to eliminate fees, he had voted against the motion, and wished this to be a matter of record. There were no other omissions nor corrections, and the minutes were approved as amended. COUNCIL PARTICIPATION Councilman Gellert stated that he would not be present at next week's council meeting as he would be out of town. • Councilman Welling asked for an explanation regarding minimum lot sizes and subdividing. For example, if a property -owner has a 15,000 square foot lot in an area of 12,000 zoning, can the owner subdivide and later sell off a lot. Then, if this goes beyond the statute of limitations, and the second owner sells to a third person who then finds he cannot get a building permit for a substandard lot, what can be done? Is there no inquiry by the Planning Department in regard to when the illegal subdivision was made? A program should be undertaken to determine when the illegal subdivision took place. There followed some discussion on the third party as the innocent purchaser, and his rights under the law. Councilman Welling then MADE A MOTION TO MOTION• DIRECT THE BUILDING DEPARTMENT, ON APPLICATIONS FOR BUILDING PERMITS ON LOTS THAT ARE UNDERSIZED ACCORDING TO THE -APPLICABLE ZONING, THAT THE APPLICANT BE REQUIRED TO FURNISH EVIDENCE AS TO WHEN AND UNDER WHAT CIRCUMSTANCES THE SUBDIVISION OCCURED WHICH GENERATED THAT SUBSTANDARD LOT. Following some further discussion on this matter, the motion was voted upon and carried. HEARING: PROPOSED EXTENSION OF 196TH BETWEEN 81ST AND 88TH Hearing was held on the proposed extension of 196th between 81st and 88th. City Engineer Leif Larson reported that.notices had been mailed to property owners on 196th, advising them of the hearing tonight. He then went on to explain the background of the project, the Iapproval by the Urban Arterial Board, and the preliminary design which reflected that the street would probably remain at the existing grade. Engineer Larson noted that the street is classified as a major arterial with a minimum R/W width of 60 ft. and a minimum roadway from curb to curb of 44 ft. The meeting tonight involves 0 112. the proposal for the section from 81st to 88th; 81st to 64th would be the • first phase. Engineer Larson presented the state highway traffic•:counts.on a memo to each council member, and this included a diagram reflecting the comparison of traffic counts taken in March and February.1974,-and in 1969. He then gave a breakdown on preliminary costs. Mr. Wes,.Bogart, District 1 Engineer, was present and commented on the -state highway's participation in this project. Bus pullouts were discussed, and Mr. Vic Sood, also in the audience, stated that a recommendation on this would be given after a meeting of the Transportation Committee to be held next month. Mr. Bogart stated the need for the project and noted that the state would provide the monies for the construction costs as bid. Hearing was opened. There was a question regarding the right-of-way, and Engineer Larson explained that the proposal would be for the project to be within the 60 ft. R/W. Mayor Harrison inquired as to the use of two lanes with perhaps the curb lanes for bus stops, or was the proposal to use the four lanes for traffic. It was answered that in use of the lanes for park- ing or other uses, the city has jurisdiction with state approval. Mr. Dick Allen, in the audience, asked what was the prime reason for the request for widening of 196th. Engineer Larson answered that the comprehensive thorough- fare plan indicates that this is considered an arterial, and based upon the actual data compiled, the UAB determined this to justify the project. mr. Allen said the dity should resolve the traffic problem on Puget Drive, not 196th. Mr. Nixon, who lives below 88th, commented that the problem on Puget Drive was an intermittent one, and the people were interested in other areas. There was a question on design of the 88th intersection, and it was stated that the design has not been finalized on any of this as yet. Mr. Lehman, 86th and 196th, asked if the property owners were to be assessed. Engineer Larson answered that although the method had not been definitely- determined at this point, on other UAB projects the property owners had been assessed $4.00 per zone front foot. A question on acquisition of right-of-way method • brought forth the answer that it would be handled via negotiations. Mr. Skei, 77th and 196th, was concerned about the tanker trucks and the need for an extra lane for these slow -moving vehicles. He also noted the accident rate on 76th at the intersection before the lights were installed there. He added that he hoped there would not be parking lanes on the arterial, as he felt these lanes should be used for peak traffic. Bob Masterson, Olympic View Drive, had a question on width between 81st and 76th, and east of 76th; also a question on left turn provisions at the 88th intersection. Engineer Larson answered that this had not been -designed, but there would be safer provisions for holding lanes for left turns going east. Mr. Allen asked why not divert all the ferry traffic just off the ferry, south:to keep it off 196th. There was discussion on improving over the old pavement, and one property owner said that this would make it difficult to get out of driveways in times of snow conditions, since the pavement would be raised about six inches higher than at present. A man living on Puget Drive objected to a plan for four moving lanes because of safety, and he felt the project should be reduced in width and two moving lanes were sufficient to handle the traffic::. He thought left turns were the most needed priority. Jim Mueller stated he had taken some traffic counts after the fireworks on the 4th of July. These counts were at 7th and Casper, -and he found that they varied from that indicated on Leif's traffic count, and proved not to be the usual case concerning traffic at this location. No one else wished to comment, and the hearing was closed. City Engineer Larson recommended that the city state its intention to for- malize an agreement with the state on this project. There followed discus- sion on widths and left turn holding lanes; the 88th intersection; and • whether three lanes or four moving lanes would be adequate. Councilwoman Shippen stated that she agreed with the need for improvement on 196th, but did not accept the proposed design of 44 ft. curb to curb. The whole basis for improvement, the necessity, and the design of the road is based on traffic counts, and those she felt could only be described as un- certain at this time. The Highway.Commission says the volumes along this street are 12,000 to 16,000; the UAB states 18,000; and the City Engineer in the minutes of November said 20,000 along 196th. But the actual count done last month indicated 11,000. That -is decreasing from'the last 4 and a half years; traffic has not increased, it has diminished. So she thought that using traffic counts as evidence for the necessity for improving this road to this size is non-existent at this point. Councilwoman Shippent•said she was going to oppose the proposed improvement because it is going to encourage ferry traffic through' the residential north end. There had been hope on the council that the freeway signs could be'removed on the freeway; thereby not directing traffic through.nor,th Edmonds, She wondered why the State Highway Department built four moving lanes into Edmonds if they do not intend to keep that as a ferry traffic route. There is no reason why they should spend their money in that way. Even though the state might be willing to remove the ferry signs, Lynnwood would have to be consulted about their removal, and Lynnwood is certainly automobile oriented. The entire area from the freeway to 76th is zoned commercial, and they capitalize very heavily on auto traffic. There is doubt if they would be very happy to have those directional signs on the freeway removed, and 196th will become more heavily used when it is improved. Councilwoman Shippen went on to state that she thought to proceed is very extravagant to say the least, and using the 0 113 • State Highway's own criteria,.there is no evidence the street should be im- proved to those dimensions. It will build it and Edmonds will pay between $27,000 and $40,000 of taxpayer's money, and we are going to be asked later on if we would re -tax our citizens.for mass transit. She thought that is a rather wasteful approach.to transportation, and it is time we began weighing trafficE-,problems and transportation problems and -deciding "do we really want to spend .money on highways and on transportation, too, or do we want to de- crease the use of the highways, or encourage the decrease and put our money in transit where it properly belongs." Mrs. Shippen said she thought it was also contrary to good public policy for Edmonds to proceed with this design that has been proposed. One of our local goals is acquiring a pedestrian oriented residential community, and she could not see encouraging freeway trafficf-:as contributing to that goal. One of our national goals is to en- courage the conservation of resources by encouraging other forms of trans- portation, and she could not see continuing to build massive highways through a residential community to a deadend ferry, and whose traffic is diminishing; is contributing to that goal. She would like to suggest as an alternative, to request the Highway Department to let us design the street and Edmonds assume that obligation; to design a smaller, more suitable street which,we want it to be, as we don't want it to be a through street to the ferry. She felt Edmonds should receive written assurances from the Highway Dept. and from Lynnwood that the freeway signs directing ferry traffic through Edmonds will be removed, when that south leg is completed. She felt Edmonds has more than done its share to provide access to the freeway with five lanes coming out of the southern part of our town, and tentatively one middle turning lane. If we can't receive those assurances, then she would like to ask that SR 524 be removed from the State Highway System and re- turned to local jurisdiction. She thought that at that point we could use funds from the 1-20. gas tax money and could perhaps eliminate it as a truck • route; we would then have that authority, or we might insist that the speed limit of 35miles per hour must be maintained while using it. Councilwoman Shippen said she thought that her own preference would be to take that off the Highway System; that Edmonds should maintain control of it; and that we could find it possible to improve it in a way which is more realistic. Councilman Anderson asked Mr. Bogart if the State would be willing to fund a lesser street improvement. Mr. Bogart answered that need for the facility would be taken into consideration and that the city could request removal of 524 from the Highway -System, and that the city has the authority to desig- nate truck routes with the approval of the Highway Dept. Councilman Gellert stated that he felt it made very little sense to improve 196th to 81st, when a critical area was at 88th, and it would make more sense to have a project to improve mobility to 88th. Councilman Welling stated that the impact of Edmonds Way on the ferry traffic was -not known and he endorsedproposal ,the for abandonment of 524 as.a state highway. Councilman Anderson offered the thought that three lanes of traffic down the hill might be adequate, with left turn holding lanes at 81st and 88th, and consider parking, plantings, and with bus turnouts worked into this scheme. The dilemma was for funds for projects of this sort. MOTION: A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN WINTERS TO AUTHORIZE THE MAYOR TO ENTER INTO AGREEMENT WITH THE STATE HIGHWAY DEPT. TO IMPROVE SH 524 TO 88TH, SUBJECT TO HEARINGS EVERY 60 DAYS WITH THE ENGINEERS TO ALLOW CITIZEN PARTICIPATION WITH ENGINEERING WHILE THE DESIGN PROCESS IS GOING ON. A ROLL CALL VOTE SHOWED COUNCILMEN GELLERT, NELSON, NORDQUIST, AND WINTERS VOTING.IN FAVOR; WELLING, SHIPPEN AND ANDERSON AGAINST, AND THE MOTION CARRIED. • REPORT ON SNOMET TRANSIT Mr. Vic Sood introduced Mr. Wally DelaBarre, transportation consultant on the countywide transportation study, who made a presentation to council showing the progress to date on the Snohomish County tranportation study. He said they believed there was adequate financial basis for a fixed route system, and they would now proceed and follow with study on a test area. A map was shown, representing recommendation for a basic route to serve SW Snohomish'County, and -they will proceed to finalize the plan. 3/10's of 1% sales tax, countywide, would be proposed for financing the system, and this' will be considered. Mr. DelaBarre said it would take approximately $7.50 per capita on a countywide basis for city participation, and the fare structure should be compatible with that of King County Metro:I..system. There was some discussion of fares and zones, and Mayor Harrison thanked Mr. DelaBarre for his presentation. PROGRESS -REPORT ON LAKE BALLINGER.DRAINAGE City Engineer Leif Larson reported on a memo distributed to council in which were included pages applicable to the City of Edmonds from the "Interim Report on Urban Runoff and Basin Drainage Study." The Interim Report was prepared by the Joint Venture Consultants of Kramer, Chin & Mayo, Inc.; Water Resources Engineers, Inc.; and Orlob & Associates; for the U. S. Army Corps of Engineers in cooperation with the River Basin Coordinating Com- mittee. The final report is due in July, 1974. Engineer Larson reported that two work sessions have been held. Lynnwood, Mountlake Terrace and 40 114 • Edmonds furnished all available plans and information on the drainage problems in the area, including those associated with Lake Ballinger during the first session. The second work session was held with technical repre- sentatives of the River Basin Coordinating Committee, King County, Snohomish County, Southwest Snohomish County municipalities, and various King County municipalities. Discussions were addressed to requirements on a well -devel- oped drainage plan being required, including development of a financial plan; designation of a planning agency is required; the plan should consider water quality control as well as flooding; the intergovernmental agreements will be required to implement the plan; and development of a drainage utility charge should be considered: Engineer Larson noted that the Mayor and Council would be furnished additional information as it becomes available on the develop- ment of the urban drainage plan. He noted that the meetings referred to the designation of a planning agency for water pollution control, referred to as section 208 of Public Law 9250. Engineer Larson stated that he would recom- mend the dity council support the interim non -designation by the governor, pending full evaluation of the implications of the program down to the muni- cipality level. It was noted that discussion had been that Metro would take care of the drainage toward their area, including from Mountlake Terrace, and the Edmonds Treatment Plant would remain in service to serve the area which drains toward the plant. Pending reports back, Engineer Larson recommended waiting for information and he would report to council at a later date. Following some discussion, IT WAS MOVED BY COUNCILMAN NELSON, SECONDED BY MOTION: COUNCILMAN NORDQUIST TO ACCEPT THIS INTERIM REPORT AND SUPPORT THE INTERIM NON -DESIGNATION STATUS, BASED ON THE ENGINEER'S RECOMMENDATION FOR FURTHER CLARIFICATION. MOTION CARRIED. ESTABLISH PRIORITIES ON UNDERGROUNDING OF ARTERIALS Councilman Anderson stated that he had compared the list of arterials with • • those of 1972 setting priorities. He noted that with the 50-50 arrangement, the city has not increased the amount of our participation, and the Utility Companies would not be paying more either, so we might have some aggument since they would not be paying any more than under the old plan.- He made the suggestion that priorities be given for Main from 3rd to 6th, Fifth - from Bell to Walnut, and SR 524 in combination with the highway project, and mentioned that it include 3rd to the ferry terminal. Others on his list included Dayton, Admiral Way, Fifth from Walnut to the Freeway, and Olympic View Drive. Councilman Gellert said he would like the area surrounding the Civic Center included in the priorities. Councilman Nelson asked if the Capital Improvements Committee wasn't planning to study these priorities as part of its program as noted in the 1972 copy of minutes distributed to council. As stated there, he felt the Committee should establish the standards for priorities and bring the list to council at a later date. He said he thought this was a complex area and there were not enough facts to come to a conclusion on it tonight. The Capital Im- provements Committee will study these priorities. PROPOSED RESOLUTIONS FOR FLOOD INSURANCE PROGRAM Assistant City Engineer Dick Allen reported to council on the national flood insurance program, whereby communities subject to floods and mud slides can obtain federally subsidized insurance through private insurance companies. HUD is administering this new program, and municipalities may not receive disaster aid after July 1975 unless the municipality is eligible for flood insurance. Since Edmonds has been designated as a flood and mud slide hazard area, it is practical for the City to apply for eligibility of its property owners for this insurance. As a requirement for application, the City must pass three resolutions containing the specified minimum termin- ology as prepared by HUD. The City Attorney has prepared these three re- solutions, and Engineer Allen recommended that these be passed to authorize the Mayor to make application for the insurance eligibility. MOTION: A MOTION WAS MADE BY COUNCILMAN NELSON, SECONDED BY COUNCILMAN NORDQUIST TO PASS THE'FOLLOWING PROPOSED RESOLUTIONS: #295; STATING THE INTENT OF THE CITY TO COOPERATE WITH THE AGENCIES; #2961 STATING EXISTENCE OF BUILDING PERMIT SYSTEM AND THE REVIEW PRO- CEDURE FOR SAID SYSTEM FOR FLOOD PRONE AREAS; AND #2979 STATING THE EXISTENCE OF BUILDING PERMIT SYSTEM AND THE REVIEW PROCEDURE FOR SAID SYSTEM FOR MUD SLIDE PRONE AREAS. MOTION CARRIED. RESOLUTION SETTING DATE FOR HEARING ON VACATION OF 180TH S.W. MOTION: A MOTION WAS MADE BY COUNCILMAN NELSON, SECONDED BY COUNCILMAN NORDQUIST TO PASS PROPOSED RESOLUTION 298, SETTING TUESDAY, APRIL 23 AS THE DATE FOR THE HEARING ON VACATION OF 180TH S.W. MOTION CARRIED. RESOLUTION SETTING DATE FOR HEARING ON VACATION OF ALLEY BETWEEN 7TH & 8TH MOTION• COUNCILMAN GELLERT MADE THE MOTION, SECONDED BY COUNCILMAN NORDQUIST`,TO PASS PROPOSED RESOLUTION 299, SETTING TUESDAY, APRIL 23 AS THE DATE FOR THE HEAR- ING ON VACATION OF THE ALLEY BETWEEN 7TH &.8TH, LYING WITHIN BLOCK 5 OF KELLOGG PLAT. MOTION CARRIED. CLAIMS FOR DAMAGES A claim for damages in the amount of $72,325.00 from William & Geraldine is • Gear, 633 Walnut Street, was received and acknowledged by council. This was referred to the City Clerk for processing. ANNOUNCEMENT M.A.A. Ron Whaley reminded.council of the meeting for elected officials to be held in the Everett City Hall council chambers on Thursday at 7:30 P.M. to have these officials become aware of current legislation pending in Olympia and the effect this will have on cities. Mr. Whaley urged council members who could, to attend this meeting if. possible. ADJOURNMENT There was no further business to come before council, and the meeting was adjourned at 10:20 P.M. Irene Varney MorarV City Clerk April 2, 1974 RnT.T. CAT.T. f1f4..4a�= Harve H. Harrison, Mayor Regular meeting of the Edmonds City Council was called to order at 7:30 P.M. by Mayor Harve Harrison, with all council members present, except Gellert, • who was out of town and Nordquist, who had notified the City Clerk's Office that he would be absent. 7 1 APPROVAL OF MINUTES Minutes of the council meeting of March 26, 1974 had been posted, mailed and distributed. Councilwoman Shippen said she would like to make some additional entries. She said that during the discussion on the proposed extension of 196th between 81st and 88th, on page 1, line 8, City Engineer Larson had mentioned there would be two moving and two parking lanes. At approximately, line 14, when Mr. Bogart was speaking, this remark had been corrected to say there would be four moving lanes. Mrs. Shippen said that on page 3, paragraph 2, she had asked Mr. Bogart about the removal of the signs out on the,freeway, and he specifically said that the signs would not be removed at the City's request. Councilman Nelson mentioned that in that same paragraph during discussion of the removal of 524 from the State Highway System, that the statement be added, "and designated a residential access street". The minutes were then approved as corrected. COUNCIL PARTICIPATION Councilman Welling inquired about the progress of a law suit regarding the Aid Car accident. Deputy City Attorney, John Wallace, stated that a law suit has not been filed. He said that the insurance carrier is conducting the investigation. The adjuster revealed that the girl is twenty years old.; uninsured, and that the car had been a gift. She is still in th,e hospital with her jaw wired. Councilman Welling then inquired about arrangements for paying for the new Aid Car. Mr. Wallace replied that some of the money would come from an Aid Car Fund and some from our own insurance. Councilman Nelson stated that he has received inquiries from citizens regarding the condition of 84th West. Mr. Larson said that he would have to look at the annual maintenance program to determine what is scheduled. Councilman Nelson asked if the contractor^on the Chase Lake Sewer Project has done any restoration on that street. Mr. Larson replied that the project is not yet completed, but there will be overlays on some streets. Councilman Nelson asked if some arrangement could be made with Edmonds School District #15 to allow school busses to pull over to the curb when loading and unloading passengers, particularly on 196th, 76th and 220th. He said the busses are slowing up traffic,:; as they do not at the present time pull over to the curb. Mr. Larson stated that this was a joint system worked out with the various cities in Snohomish County as a uniform way of doing it. Police Chief, Marlo Foster, said that it has been the policy that the busses will not pull over to6'' the curb unless it is at a controlled intersection. Councilman Anderson said that he had observed some of the bus drivers allowing traffic to go by before they stop to discharge or pick up passengers. Councilman Nelson thought perhaps we could write to the School District and make plans to get together with them to look into the matter. Councilwoman Shippen said she would like to add to the Work Meeting Agenda for next week an item, "Animal Control". 0