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.
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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.
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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
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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.
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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
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