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19740618 City Council Minutes• SHIPPEN TO INSTRUCT THE ATTORNEY TO PREPARE A RESOLUTION TO INSTITUTE A SIDEWALK IMPROVEMENT PROJECT ON BOTH SIDES OF THE STREET ON 5TH AVENUE FROM-DAYTON, SOUTH TO WHERE THE STATE SIDEWALK IMPROVEMENT ENDS NEAR SR 104; AND IF POSSIBLY COMBINED WITH UNDERGROUNDING, IT WOULD TAKE THE FORM OF AN LID. The attorney pointed out that ownerships of the properties along the proposed improvement route would have to be verified, and that there will have to be a hearing. THE MOTION WAS VOTED UPN AND CARRIED. WITH COUNCILMAN WINTERS VOTING AGAINST. PROPOSAL OF COUNTY USING 75TH PL. W. AS ACCESS TO PROPOSED COUNTY PARK Council and staff were in receipt of a memo from the Engineering Department indicating that this is not feasible due to the geological formation of the Meadowdale Area and that it would be difficult to provide off-street parking. Also, policing and main - MOTION: tenance of the facilities would be an additional cost to the city. COUNCILMAN GELLERT MOVED; SECONDED BY COUNCILMAN NELSON TO ACCEPT THE RECOMMENDATION OF THE CITY ENGINEER. MOTION CARRIED There being no further business to come before council, the meeting was adjourned at 11:10 P.M. ,�,� - • ,Cif��-y--. _ IRE E-VARNEY MO N, City Clerk HARVE H: HARRISON, Mayor June 18, 1974 ROLL CALL • The Edmonds City Council Meeting was called to order by Mayor Harve Harrison at 7:30: P. M., with all council members present except Nordquist. APPROVAL OF MINUTES Councilman Winters mentioned that on the last page of the minutes of June 11, he did not vote "no" dui:ing the discussion on the Sidewalk Improvement Project. He said it was Councilman Anderson who had voted "no". Councilwoman`Shippen said that in the second paragraph under Council Participation, line 4, she wanted clarification that it was her impression that it was the Port.-. Commission's feeling that the establishment of the Fishing Pier was contingent upon the establishment of parking facilities. She did not want to imply that it was necessarily her own feeling. The minutes ere then approved as corrected. COUNCIL PARTICIPATION Councilman Nelson said that on Saturday, June 22nd, coincident with -the Edmonds Art Festival, the SnoMet Group has arranged for the oval articulated bus to be here in Edmonds for display between 3:15P.M. and 4:45 P.M. It would be available for free rides from 4:00 P.M. to 4:45 P.M. He said it is a Swedish version of a public transportation which is 60' long bends in the middle. It carries•74 passengers. Councilman Gellert asked Marie Botnen for comment on the -letter which had been received from Bob Gilbert regarding council material being supplied to the press. Miss Botnen said that she had received numerous items this week and the matter has been straight- ened out.. Councilman Anderson wanted to be sure that the question of the entrance from K-Mart • onto 224th was being followed up. The City Engineer indicated that they are looking into it. Councilman Anderson then asked if there would be an assignment of,a committee to work with the Port on the Fishing Pier. The Mayor answered that he -would do so. Councilwoman Shippen asked if the staff understood that they were to proceed with the standards that were to apply with regard to sidewalks (as discussed last meeting). M.A.A. Ron Whaley said that a motion was not necessary and that they would proceed. i Mayor Harrison then appointed the committee to work with the Port Commission on the Fishing Pier Project. They were as follow: Rod Garretson, Director of Parks.- and Recreation; Marlo Foster, Police Chief;. Councilman Nelson and Councilman Winters. He said he hoped.that these persons could protect the best interests of the downtown business distric t with regard to parking. There was a brief discussion, and it was suggested that a report be made to -the council following each meeting of the committee. AUDIENCE PARTICIPATION A gentlemen in the audience mentioned that a petition had been submitted for a temporary street closure. He asked if he could -speak on the matter at this point. Mayor Harrison stated that it.would be taken care of under Correspondence. 0 14 CORRESPONDENCE The Deputy City Clerk read"a letter from Edmonds School District #15 signed by Richard D. Erickson, President of the Board of Directors.' The letter requested that a meeting date be set, so the the possibility.of annexing Woodway Senior High School and Sherwood Elementary could be discussed. The Deputy City Clerk then read a Petition to Temporarily Close 189th"Place S.W., for safety reasons, which had been signed by approximately 20 families. Mr. Joe Thibodeau, 9037-189th Place S.W., placed a sketch of the street in question on the bulletin board. He noted the configuration of the street and the topography in the area; pointing out that these elements contributed to limited driver visibility and created a safety.,hazard for the children,in the area. Councilman Gellert "asked if the city had the right to close a public right-of-way. City Attorney, James Murphy, said that we could for safety reasons. Mayor Harrison asked Fire Chief Cooper if he had looked at this particular area. Chief Cooper replied that he had not, but that he would appreciate the opportunity to go out and look into the situation. Mayor Harrison lotion:stated that the problem will be investigated. COUNCILMAN GELLERT MADE A MOTION SECONDED BY COUN_C_ILMAN ANDERSON TO PLACE THIS MATTER ON THE AGENDA FOR DISCUSSION ON JULY 21 1974. -MOTION"CARRIED. " With respect to the proposed annexation of Woodway High School and Sherwood Elementary, Mayor Harrison said that this would be refereed to the staff so that they could look at the boundaries, etc. Mayor Harrison noted that he had a letter from the State Park -and Recreation Commission which stated that the plaque for the Carnegie Library Building would be presented to the city on the steps of the Library Building on June 21, 1974 at 21:00 A.M. Mr. Ralph Mackey,"a member of the Western State Park and Recreation Commission will make the presentation. It was noted at this time that there will be a feasibility report next Tuesday with regard to the proposed annexation of the Sherwood Elementary and Woodway High School - property. HEARING: ON PETITION FOR VACATION OF PORTION OF 84TH WEST. OFF OLYMPIC VIEW DRIVE City Engineer, Leif Larson, reported on this item and displayed a map depicting the area to be vacated. He also pointed out the water and sewer lines in the area. Mr. Larson explained that access to the properties is through numerous easement roads and' small public and private roadways. He felt there should be a turnaround at this point, even if it is not vacated.;, He did not recommend vacation Mayor Harrison then opened the hearing. Howard Anderson, one of the petitioners, stated that he and the other petitioners would like this area vacated for the purpose of.putting in a tennis court. He explained that they -wished to purchase". the property. He said that with the addition- al 30' they -could put in a full doubles court, which would be used by many people. Mr. Tom Berry thought that this would be an improvement and could see nor reason why the city would object. The possibility of using a Street Use Permit discussed. This, however, is usually for a period 30-60 days and would not be advisable in this case. The City Attorney said that it could be for a "longer period at a small rental charge, the fee being -established by the council. There was discussion regarding the properties and neighboring properties. The hearing was then closed. otionzA MOTION WAS THEN MADE BY COUNCILMAN NELSON AND SECONDED BY COUNCILMAN ANDERSON THAT " LiTE APPROVE THE VACATION OF A PORTION OF 84TH WEST AS DEPICTED ON THE ENGINEER'S DRAW- ING, SUBJECT TO APPRAISAL FOR POSSIBLE SALE TO THE ABUTTING PROPERTY OWNERS;.AND THAT ALL COSTS OF RE -LOCATION OF UTILITIES TO CITY STANDARDS WILL BE AT NO COST TO THE CITY. There was discussion, and Councilman Welling expressed concern with regard to how other neighbors would be affected by this action. It was pointed out that the property had been properly posted and that there had been. FOLLOWING A ROLL CALL VOTE, THE MOTION CARRIED WITH COUNCIL MEMBERS WELLING AND,SHIPPEN VOTING AGAINST. HEARING: ON PLANNING COMMISSION RESOLUTION #441 - RECOMMENDING -APPROVAL FOR SECONDARY USES IN RM DISTRICTS. City Planner, Joe Wallis, reported on this item stating that it is a staff recommendation. It is an amendment to Section•12.13.120 (b) of the Zoning Ordinance stating that signs (excl-usive of for rent signs) shall be limited to one square foot per six lineal feet of lot frontage; and that they be no higher than six feet above finished grade in RM Districts. There was discussion, and in response to an inquiry.regarding "For Rent" signs, Mr. Wallis replied that it was the consensus of the Planning Commission that these signs not be regulated as this is a variable condition based on the time the unit will be vacant and it is very difficult to regulate. Following more discussion, a otion:MOTION WAS MADE BY COUNCILMAN GELLERT AND SECONDED BY COUNCILWOMAN SHIPPEN TO PASS ORDINANCE #1717. Councilman Nelson asked if "For Rent" signs are regulated at all. Mr. Wallis said that they were not. Mr. Nelson then asked if sandwich board signs are prohibited in all other zones -as well as the'RM zone? Mr. Wallis said they"are prohibited. THE MOTION WAS THEN VOTED UPON AND CARRIED. REVIEW OF DRAFT MASTER SHORELINES PROPOSAL Kay Shoudy, Assistant City Planner, reminded council that the last time this matter was discussed, a --.motion had been made to ask for an extension of. time in which to 146 submit our Shoreline Master Program to the State Department of Ecology. She did write to the Department and make a request for a six month extension, and received an answer from them, signed by Don Peterson. Mr. Peterson state that an extension could not be granted, and encouraged the City of„Edmonds to meet the June 20 deadline. She read the' letter into the minutes. (A copy.:, is on file.Lin*- the City Clerk's Office) . Mr. Peterson said the process for completing the program and obtaining Department approval would be to submit revisions also with a letter of transmittal. He said the program is part of a continuing planning process, and would be subject to amend- ment and refinement.' Mrs. Shoudy projected transparencies on the screen indicating various elements to be considered in assessing a Shoreline Application against the Master Program. Some of the elements to consider would be the location, proposed use, its affect on the enviornment, is the use consistent with the underlying zoning, etc. A great deal of discussion followed. City Planner, Joe Wallis, made the following recommendations to the council: that the Master Program as presently written be forwarded to the Stte with a letter of transmittal; that the Mayor be authorized to do this -'-that the Master Program be adopted as a comprehensive policy docu,,ment for the shorline area. and this would require public hearings; and then further amend the Zoning Code to conform to the Master Program as written. Discussion followed regarding conservancy environment designations. It was determined that these are dictated by the, -State, but that the city has the power to design a zone which would accommodate a use in a conservancy enviornment. John Phillips, an attorney, representing the Union Oil Company, stated that they are concerned with the designation of the Union Oil property as a natural marsh area. He thought the designation should be urban. He stated that if the property remained in this classification, that the Union Oil Company would no longer have a use.for the property and that -the city may put itself in the position of being asked to purchase the property .for a quarter of a million dollars. Councilwoman Shippen 44` pointed out that there has been industrial zoning for ten years. She wondered then - if the Union Oil property has any real economic attraction to industry. Mrs. Shippen asked if they had 'any evidence of inquiries regarding industrial use of that property in their correspondence. Mr. Robert Woehrman of Union Oil stated that they have had inquiries, but they have chosen not to release the land. Mrs.'Shippen said she would like to see copies of these letters of inquiry, and Mr. Woehrman said he would supply them.,Councilman Gellett asked how the property had been designated saltwater -marsh. Mrs. Shoudy said that she had checked with the Stat Department of Ecology, and they said that a gentleman from that department tested the water in the marsh and there was saltwater intrusion; and therefore it was designated wetland. Councilman Welling asked Mr. Phillips if he could provide the council with citations out of his file that would support propositions expressed in a six page letter which had been submitted to the council by Union Oil. Mr. Phillips said that he would mail these to the city. City Attorney Murphy said that if the city did restrict the use of the property so that it could be used in such a limited way that it -would have no`= -­ economickmnefit,,.the city should in that instance, decide whether or not they want to buy the property or not. He said, however, that he is not worried (if the city should decide on this course of action), that Union Oil could bring an action that the city should have to pay any particular amount. A great deal of discussion followed with comments from members of the audience, some of whom suggested more hearings on the shorelines matter. One of the members of the Shorelines Committee said that all of their meetings wnrre public meetings and that audience participation was welcomed. Councilman Gellert then made a motion that addtional hearings be held with the possibility of adding environments which would • more properly describe some of these questionable areas. The motion died for lack of a second. Motion: COUNCILMAN GELLERT THEN MADE A MOTION SECONDED BY COUNCILMAN ANDERSON TO REFER TO THE -PLANNING COMMISSION THE SUBJECT OF A NEW ZONE WHICH WOULD BE A TYPE OF WATERFRONT COMMERCIAL ZONE, OR ZONES OF LESS INTENSIVE ACTIVITY THAN THE DOWNTOWN WATERFRONT ZONE, BUT STILL ALLOWING CERTAIN COMMERCIAL USES. FOLLOWING DISCUSSION, THE MOTION WAS VOTED UPON AND CARRIED. Motion.: COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCIWOMAN SHIPPEN TO SET HEARING DATES OF AUGUST?20TH AND SEPTEMBER 3RD FOR SHORELINES DISCUSSION. MOTION CARRIED. City Planner, Joe Wallis, said that he believed they had time to advertise so that they could schedule this matter for the Planning Commission's first meeting in July. COUNCILMAN WELLING THEN MOVED TO DIRECT THE CITY PLANNER TO WRITE A LETTER TO THE . DEPARTMENT OF ECOLOGY GIVING THEM A STATUS REPORT OF OUR POSITION IN THIS MATTER PRIOR TO THE 20TH OF,JUNE. MOTION WAS SECONDED BY COUNCILMAN NELSON,.. VOTED UPON AND CARRIED. ACTION BY COUNCIL ON PLANNING COMMISSION RESOLUTION #442 - RECOMMENDING DENIAL OF PROPOSED AMENDMENT'TO`ALLOW GROUP HOME FOR CARE DEPENDENT CHILDREN IN RS DISTRICTS (NO APPEAL RECEIVED)- Motion: COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN-ANDERSON TO UPHOLD THE PLANNING COMMISION DENIAL. Councilman Welling thought that this matter should be restudied in greater a�th by the Planning Commission, as he felt that group care for dependent children is the coming thing in this country and should not be so readily dismissed. Councilman Nelson said that he agreed with Councilman Welling. Councilman Gellert agreed that there was a need for .this type of facility, but not in a strictly residential area. 147 Councilwoman Shippen inquired if this use is permitted in an RM Zone. The City Planner said that there is a use allowed in the city in a RM Zone that is very camparable, but he would have to research the code -.'-to find out exactly what portion is permitted. Councilman Anderson said that he would speak in favor of the motion, but he would support Councilman Welling's'thought that this is a matter subjecttc re -study. The Motion:motion was voted upon and CARRIED, WITH COUNCIL NELSON VOTING "NO". otion:COUNCILMAN ANDERSON THEN MADE A MOTION, SECONDED BY COUNCILMAN WELLING TO REMAND THE THE TOPIC OF GROUP HOME FOR DEPENDENT CHILDREN TO PLANNING COMMISSION FOR GENERAL RE -STUDY. MOTION CARRIED. Several people in the audience stated that they did not fell that group home for dependent children should be allowed in RS Zones. This was discussed at some length. Motion:COUNCILMAN NELSON MOVED, SECONDED'BY COUNCILMAN GELLERT TO SKIP ITEMS 9 AND 10 ON THE AGENDA AND IMMEDIATELY CONSIDER ITEM'11. 'MOTION CARRIED, WITH COUNCILWOMAN SHIPPEN VOTING AGAINST. APPROVAL OF FIRWORKS.STAND PERMITS Motion:COUNCILMAN NELSON MOVED, SECONDED BY COUNCILMAN GELLERT TO APPROVE THE FIRWORKS STAND PERMITS AS RECOMMENDED FOR APPROVAL'BY FIRE CHIEF'COOPER BY MEMO TO THE MAYOR AND COUNCIL. MOTION CARRIED. The organiztions and locations are as follows: Boys Club of Snohomish County, Inc. 100th & Edmonds Way (Robinhood Lanes) Boys Club of Snohomish County, Inc'. 5th &'Howell'Way (Tradewell Store) • Edmonds DeMolay Chapter 4th Ave: & Dayton Str. (I.G.A. Foodliner) Holy Rosary 'Youth Activities 22828 100th Ave. West (Olson's Westgate Thriftway) Jobs Daughters, Bethel #50 8401 Main Street (Tradewell) LDS Elders_Quorom-Everett Stake 835 Edmonds Way (Albertsons) North Queens Drill Team Sunset and Dayton (Safeway) Ace Fireworks 212th & 76th (7-11) Ace Fireworks 24300 76th West (7-11) SIDEWALKS ALONG FIFTH AVENUE A gentleman in the audience stated that he would like to have some.action on the proposed sidewalk project on Fifth Avenue South. Councilwoman Shippen asked the City Engineer if 1/2(t Gas Tax money for sidewalks. He answered in the negative. City Attorney, James Murphy, stated that we would have a.problem if we let the notices go out before we first give consideration as to whether there.will be undergrounding in Motion: this area. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN NELSON THAT PRIOR TO ANY LETTERS BEING SENT OUT INSTRUCTING OWNERS TO REPAIR SIDEWALKS, THAT AN ADDITIONAL SURVEY BE MADE AND REPORTED BACK TO COUNCIL NEXT WEEK. MOTION CARRIED. At this point Councilman Nelson made a motion to skip to Item 13 on the agenda, however, the motion died for lack of a second. • APPROVAL OF FINAL PLAT OF PARKSIDE HEIGHTS - 8 LOTS ON 83RD WEST - P.7-73 City Engineer, Leif Larson, reported on this item and recommended that the Mayor be Motion: authorized to -sign the final plat. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN WELLING TO ACCEPT THE FINAL PLAT OF PARKSIDE HEIGHTS AS RECOMMENDED BY.THE CITY ENGINEER. Councilwoman Shippen discussed the sidealk situation with the City Engineer. Following this, the motion CARRIED, WITH COUNCILWOMAN SHIPPEN VOTING AGAINST.. COUNCIL ACCEPTANCE OF DAVISCOURT CONTRACT AT SENIOR CENTER Engineer Larson reported that the contractor has completed the remodeling work at the Senior Center, and recommended that.the council accept the work this date, thereby establishing the 30-day lien period. Total retainage amounts to $4,389.67. Motion: A MOTION TO THAT EFFECT WAS MADE BY COUNCILMAN NELSON AND SECONDED BY COUNCILMAN GELLERT. MOTION CARRIED. Motion: -COUNCILMAN -NELSON THEN MOVED THAT ITEMS 9, 10 and 12 BE MOVED TO NEXT WEEKS AGENDA AND BE PLACED AT THE TOP OF.THE AGENDA. COUNCILMAN ANDERSON SECONDED. MOTION CARRIED. CLAIMS FOR DAMAGES Council acknowledged receipt of a Claim for Damges from TP. and Miriam Chittenden in_ the amount of $209.95. This was referred to the City Clerk.for processing. There being no further business to come before council, the meeting was adjourned.at 11:2E P.M. iAt ,-: YA,RNEY= MORAN, City Clerk - HARVE H. HARRISON, Mayor r1 U