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19740423 City Council Minutes123 . VACATEIA PORTION OF 8IST R/W-.THROUGH SIERRA PARK.. MOTION -CARRIED. AUTHORITY FOR.SNOHOMISH COUNTY TO"PLAN FOR `SOLID WASTE DISPOSAL FACILITIES FOR CITY OF�EDMONDS..` MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED`BY COUNCILMAN GELLERT'TO'PASS RESOLUTION #301 AUTHORIZING"SNOHOMISH COUNTY TO,, PREPARE A PLAN'FOR THE CITY"'S`SOLID. WASTE MANAGEMENT. FOR INCLUSION IN THE SNOHOMISH'COUNTY,'PLAN. MOTION;CARRIED. CLAIMS FOR .DAMAGES . „ Council.acknow ledged receipt of Claims for Damages from Steven W..Loring and Richard and.Ruth'Whiteside... They -were referred to .the City Clerk for'proc.essing. ADJOURNMENT With no further business. to come before council, .the meeting was adjourned at 9:10 P.M'. E eanor Quea y, Depu ity Clerk Harve H. Harrison,, ayor April 23' 19,74 ROLL CALL • The regular.meeting of ,the Edmonds City Council was called.to order by Mayor Harve Harrison. at 7:30' P.M. with all council -members present,t .except Nelson and Nordquist: APPROVAL.OF MINUTES. Minutes of the.meeting-of,April 16 had been posted., mailed and -distributed, and. -with no omissions nor corrections, they were. approved as- -written. HEARING: ON' PETITION'.FOR_ STREET VACATION -. PORTION' OF- -18`OTH S.W.' City Engineer, Leif"•Larson, reported that•petitions'had been received from the property owners to the north of Olympic View.Drive.:and to the.south of the.180th Street right-of-way asking that the thirty foot (301) section of the right-of-way be vacated which '.was•originally dedicated from.the Plat— of Edmonds-SeaView Tracts. He said.that'the•topography'is such that it would probably never'be.constructed.as a'street.. Mr. Larson.said that'at•the time hearings wereheld for street-classification.change; in -which Olympic,View Drive.was changed from_a community,arterial to a collector ar.terial.;'a number of.residents.recommended that Olympic View Drive'.be-retained as a seenic'drive in'its original alignment. Mr. Larson .thought that .froti an engineering. -standpoint, • it would :be .desirable: to make minor changeto- all-ev'iate some of the • sharp but -.not a complete reconstruction. .He illustrated proposed -,changes .,curves, with the•'use of a . map. 'His recommendation was.. that " the• street. be • vacated as 'it:would`never be'used as a street -right-of-way.; however, this.would.be subject. .to final engineering . on' Olympic View Drive., `Mr. Larson said that they -were_�`In receipt of a letter from the Snohomish County Park and. Recreation Department indicating that -they had no objection to.the.vacation.since they could -not' • for-'esee ..using- 180th as a park access. 'He' said', however; :that -he 'had a call from 'them'.today suggesting that.this.be.delayed_.until they..have.,completed. their park development'plan: Following:some''discussion,-Mayor.Harrison-opened the. hearing. Thomas.B. Berry;. 8432 Olympic View.Drive, indicated that he was in•favor of the vacation. James Fletcher,.•also residing on:0lympic View Drive,'said he favored vacating.this porton of 180th. Mr..Bob.Gustafson, 8602 Olympic View Drive,.. presented.a.petition to the•Deputy City Clerk.containing signatures of approximately 42. persons.',. This was ' a, petition to' restrict Ithe. vacation: of this portion of 180-th.and.to'request straightening Olympic View Drive sufficiently to allow drivers of motor vehicles full:visibility'for the entire length -of Olympic View Drive from,the'west line':of Tract 4 to the ..,east line of'Tract 1, of 'Edmonds Seaview .Tracts: , Mr. Gustafson .'showed slides -and displayed• a.map which indicated-.the.areas.he was discussing. He cited several examples of accidents.'.that have taken place.in..this vicinity.'-. Considerable discussion followed with comments being made by Mr. Ted'Hull,.'Mr.. .and -Mrs. Treiber and -Mr.'George Jones. 'COUNCILMAN ANDERSON MOVED,'SECONDED BY'COUNCILMAN GELLERT THAT:THIS�MATTER BE HEARD BY THE -AMENITIES DESIGN'BOARD AND"THE'PLANNING ' COMMISSION.IN.CONCERT'WITH.ENGINEERING STUDIES'`BY'.THE ENGINEER, AND THAT THE ENGINEER REPORT BACK' -TO COUNCIL WITHIN 60 DAYS;- AND'THAT NO'ACTION BE TAKEN I ON'THE VACATION. MOTION CARRIED. Engineer Larson asked for clarification with regard to -the proposed work to be done on Olympic View'Drive this summer.. The road has.b_den scheduled for lifts. Mayor Harrison said.he would proceed with what he is doing'now and -if Mr. Larson feels that he can accomplish' a better toad without extensive cost, study that and report back to the council. 124.- • HEARING: ON PETITION•FOR ALLEY VACATION. -.BETWEEN 7TH & 8TH.-BLOCK 5, KELLOGG PLAT City Engineer, Leif Larson. -reported -that that this matter concerns -the al ley'between 7th and' 8th and' Spruce. and ' Hemlock. He said that the alley . 'is .undeveloped -arid is landscaped and maintained by the abutting property-©wners. Mr.'Larson=stated that -it has been.the policy not to,vacate.alleyd.in'the downtown bowl area, because it.is not known what may -be required'ih'the futuz-e.for undergrounding utilities., etc. He' ther4fdre, did not"recommend vacation of'the alley. Mayor Harrison then opened the''publ'ic 'portion of the hearing. Mr. Granat, who owns property at theend. of the alley in�question, indicated that he would like -the alley vacated �as it is presently .being used ,as -..part o.f the property owners' backyard,landscaping.. They would -like it.to.remain.ihSits present state. Mr. Martin Blaser stated that it would be difficult to'put underground dflities'in this location as there are 15 to 20 foot banks,.which are right on the property lane; and fish ponds so that it would make it hard to.get.machines in.there.t6'accomplish that task. Mayor Harrison.sai,d that there are similar alley situations and he would not like to set a precedent by vacating this alley. No one else wished to speak on this matter,' so the hearing was closed. Following some further discussion, A'MOTION WAS MADE BY COUNCILMAN WELLING AND SECONDED BY COUNCILWOMAN SHIPPEN THAT THE.PETITION•'FOR VACATION' O.F 'THE' ALLEY' BETWEEN 7TH AND 8TH'y BLOCK .5 , .. KELLOGG -PLAT ..BE • DENTED. MOTION CARRIED.` PRELIMINARY PLAT - KARL HANSEN - 6 LOT PLAT SOUTH OF_2.18TH S.W.. WEST OF 82ND W. City Planner, Joe Wallis, reported on this matter saying that the applicant has relinquished his rights under the old Subdivision Code and•will conform to the new code. In previous action, a variance was granted in March, 1974 for a sub- standard private road. The circulation is•218th Street to. 82nd Avenue and then • to a private road. With -the use of slides, Mr. Wallis showed -the zoning map of the area under consideration and several views of the.site, and a sketch, of the proposed subdivision. He said that all lots dd-conform to the Zoning Ordinance. Mr. Wallis said that he did have a statement of environmental impact, which revealed impact assessed.as increased automobile traffic on 218th Street, and some removal of.trees to accommodate building sites.. There.will also be an increase.in drainage to -the Ballinger Drainage 'System.. Mitigating action is the limitation of the removal of existing trees. The environmental impact should be minimal, because of the characteristics of the tract. Mr. Wallis recommended approval of the plat.. COUNCILMAN GELLERT MOVEDt SECONDED BY COUNCILMAN ANDERSON THAT THE.•PRELIMINARY"JI.VLAT OF KARL HANSEN BE APPROVED,• SUBJECT TO ENGINEERING AND PLANNINGREQUIREMENTS. MOTION CARRIED. PRESENTATION BY CHET BENNETT-RE/ELMER HARRIS.PROPERTY Chet Bennett explained that Mr. Harris.is the owner of a.sub-standard lot that is platted in the City of Edmonds°,.specifically in the University Colony. He made a drawing on the blackboard. showing the layout'of.the lot'and the adjoining property 'in question, along with giving -the history of the platting of said lot and the ownership. He indicated that a controversy exists as to,the'ownership of a vacated street between Mr. Harris' property and.that which is presently. owned by Mr. Bowen.. After considerable discussion, Attorney.John Wallace, said he would like -'to state.for the record that Mr. Harris may well be a candidate for ,a.variance under -the Board of Adjustment if he can satisfy .the hardship situation; or he-may'institute a quiet title•action. It was determined that this is a legal matter and not an issue.fbr council action', DISCUSSION ON PROPOSED SIDEWALK.ORDINANCE During discussion of the proposed Sidewalk Ordinance, the definition of:transition strips as set forth on page 2, section 7, was reviewed. A MOTION WAS THEN MADE BY COUNCILMAN ANDERSON AND -SECONDED BY COUNCILMAN GELLERT..THAT SECTION 7 OF THE PROPOSED SIDEWALK'ORDINANCE, WHICH DEALS WITH TRANSITION STRIPS, BE RE -DEFINED TO READ, "..:.THAT PORTION'OF THE.RIGHT=OF=WAY BETWEEN.AN EXISTING'DITCH OR SHOULDER,AND THE TRAVELED PORTION OF THE'ROADWAY'.WHICHEVER IS'CLOSEST.TO THE PROPERTY LINE.. MOTION``C'ARRIED. Discussion then ensued regarding the formula for,repair and reconstruction* -of sidewalks: Marvin' -Smith, who .was.in.the audience, asked.if the citizens had a vested right to`say''what would.go on-a.sidewalk.- Attorney Wallace. answered that the citizen.has no.vested right, except to.express his views to'his elected representatives.and hope that -they will carry.outhis wishes. The question was raised.a's to'what is.needed to effect a. sidewalk improvement. Mr. Wallace replied that�it requires.a simp.le''majori.ty of a council quorQum. This would be done by resolution.. A MOTION WAS THEN MADE BY'"CO,UNCILMA�N°WELLING AND SECONDED BY -COUNCILMAN' ANDERSON TO AMEND'THOSE PORTIONS.OF;THE PROtiPOSED ORDINANCE WHEREIN IS*CONTAINED:FORMULA FOR,.,CITY'AIdD'PROPERTY`OWNE°R P�A=RTIChPATION TO INCLUDE THE FOLLOWING:. "SIDEWALKS LESS; 'THEN FIVE YEARS OLD, 'AND ARE FOUND TO REQUIRE REPAIR -AND' RECONSTRUCTION, THAT THE CITY BEAR THE WHOLE C'0ST'OF SUCH REPAIR AND RECONSTRUCTION: THAT SIDEWALKS BETWEEN FIVE AND TEN YEAAS OLD,*,REQUIRING REPAIR AND RECONSTRUCTION, THAT THE CITY. BEAR HALF.THE COST AND THE PROPERTY OWNER HALF THE COST: AND ALL OTHER SIDEWALKS NEEDING REPAIR AND RECONSTRUCTION,"= .TNCLUDING NEW SIDEWALK. BE'BORNE ENTIRELY BY THE ABUTTING..PROPERTY OWNER, MOTION WAS. ' VOTED ,UPON AND CARRIED, WITH COUNCILWOMAN. S.HIPP;EN 1&TeMNG AGAINST. 0 125 COUNCILMAN GELLERT•MOVED.I* SECONDED -BY COUNCILMAN,ANDERSON-'TOIDELETE* THE`PHRASE "..•..OR -90 DAYS OR BOTH.... !' ON. THE ,LAST ' PAGE OF THE PROPOSED ORDINANCE DEALING 'WITH PENALTIES. MOTION CARRIED: Councilman Gellert reque'sted*that all drafts of ordinances in the future contain' the date of said'draft.' COUNCILMAN ANDERSON THEN MOVED, SECONDED BY COUNCILMAN•WELLING TO INSTRUCT.THE ATTORNEY'TO PREPARE A SIDEWALK ORDINANCE REFLECTING THE•*AMENDMENTS'AS'RECOMMENDED. MOTION CARRIED. ; REPORT ON MOSQUITO.PROBLEM IN BALLINGER AREA (ENGINEER) COUNCILMAN GELLERT MOVED, SECONDED:BY COUNCILMANANDERSON TO POSTPONE`THIS AGENDA ITEM TO THE MAY 7TH.COUNCIL MEETING.- MOTION CARRIED. PRESENTATION,OFPLANNING COMMISSION RESOLUTION #432, #433, #436 and #437 COUNCILMAN GELLERT MOVED,.SECONDED'BY COUNCILMAN WELL'ING•TO ACCEPT PLANNING COMMISSION RESOLUTION #432, RECOMMENDING MULTIPLE ZONING AT'6TH S: AND PARADISE LANE REMAIN AS PRESENTLY•DESIGNATED..' MOTION CARRIED.• COUNCILMAN GELLERT MOVED' SECONDED'BY COUNCILMAN ANDERSON-'td-L•SET MAY•21ST AS THE HEARING DATE'FOR'PLANNING COMMISSION RESOLUTIONS #433, #436 and 4437. MOTION CARRIED. CLAIMS -FOR DAMAGES. Council acknowledged receipt.of a Claim for.Damages from Mrs. Carl E:',Schacht. ,This was referred to the: City Clerk for processing. • With no -further business to come before.couneil, the -meeting was adjourned at 10:45 P.M. Eleanor' Quea ey, :Pep y City Clerk Harve H. Harrison, Mayor i May 79 1974 ROLL CALL Regular meeting of the Edmonds City Council was called to.order by Mayor-Harve Harrison.at 7:30 P.M. with all. council members'present. APPROVAL OF MINUTES Minutes of the .meeting of April 23 had been posted, .mailed and distributed, and with no omissions nor corrections, they were approved as written. COUNCIL PARTICIPATION Councilwoman Shippeh said she had three questions: She asked City Engineer .Larson when can council expect the environmental impact,statement.for•196th. Engineer Larson answered that they have:it.and can eeport.on.this•anytime.; Councilwoman Shippen asked if this would include a report on noise, and the answer was that, it would. About its fo1lowing.the same criteria as'for 220.th, • that.answer was also yes.. Couricilwomari Shippen's'second item was regarding the islands.on Edmonds Way, and.this item will be brought up on the May.14 council agenda. Her third.question was.if the.city.had taken-any,action on height limi- tation:. City Planner Joe'Wallis answered that we had,.and_this will.come to the council via resolution'soon. Councilman Nordquist'advised that at last night's meeting -of the Mountlake. Terrace council, it was mentioned that Edmonds and the -county' would contribute to the.new road for 236th, and he noted that Edmonds' Resolution .158,.dated September 5, 1967, states that the.C.ity,of.Edmonds..would.contribute $4400;:. Councilman Nordquist questioned.if the Engineer•knew of any additional monies that'.the City.would be contributing.. City Engineer.Larson answered that in re- gard to . this pro j:ect, 'i.t would involve some . additional cost, but -the city .was only obligated up to.,this time -for what we have thus far,, -,";appropriated. At this point, Councilman Nelson stated that some of our. UAB funds would be used, but he was.concerned that the City of Edmonds.*would have.to tindergo the burden of contributing more now that .this 'delay, not., of our .making.,, would cause .greater costs.that had been originally,anticipated., all due to.the delay in construction. MOTION: Councilman Nordquist then MOVED:TO MAKE THIS'QUESTION OF 236.TH AN AGENDA ITEM FOR THE NEXT COUNCIL MEETING', .AND THE CITY ENGI-NEER.: REVIEW: AND . REPORT. ,BACK ON COSTS NEEDED TO ,BE APPROPRIATED FOR THIS PROJECT. ON ,CALL. FOR THE.QUESTION, THE MOTION CARRIED. Councilman No said he would like to have Attorney John ilallace's inter- .pretation ,of last. week's meeting .of auncil members, and staff. Attorney. Wallace stated.that'it was not a regular city meeting -at -which, any city.business could be conducted.