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19750422 City Council Minutes262 PROPOSED RESOLUTION FOR INTERFUND LOAN FROM FIREMEN'S PENSION FUND • MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO PASS RESOLUTION 4327 AUTHORIZING AN-INTERFUND LOAN FROM THE FIREMEN'S PENSION FUND TO THE GENERAL FUND, AND -STATING THE -REASONS THEREFOR. MOTION CARRIED. - ADOPTION OF ROLLED CONCRETE CURB AND GUTTER STANDARD First reading was had on a proposed ordinance amending Sec. 7.01.010 by adding thereto a new standard for the City of Edmonds for curbs -and gutters. It was discussed briefly. SET DATE FOR HEARING: ON P.C. RESOLUTION 4468, CONTRACT REZONE FROM RD TO RMH, OTTO KURTZ, R-1-75. MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO SET APRIL 22ND AS THE DATE FOR HEARING ON THIS ITEM. MOTION CARRIED. MOTION: MOTION: MOTION: SET DATE FOR HEARING: ON P.C.-RESOLUTION #466, AMENDMENT TO SIDEYARD REGULATIONS IN RS ZONES ZO-20-74. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO SET APRIL 22ND AS THE DATE FOR HEARING ON THIS ITEM. MOTION CARRIED. 1 CALL FOR BID: ASPHALT AND CONCRETE STORM SEWER PIPE Director of Public Works, Herb Gilbo, requested May 2nd as the bid date on these two items. One is for approximately 8,200 tons of asphalt in -place and related asphalt curbing.- The other is for approximately 3,340 L.F. of concrete storm sewer pipe and related catch basins. This material is for street improvements and bike path construction. COUNCILMAN GELLERT MOVED, SECONDED BY QDUNCILMAN • NORDQUIST FOR CALL FOR BIDS ON THE ABOVE ITEMS ON MAY 29 1975. Councilwoman Shippen said she thought it was a mistake to improve arterials without bike paths, and couldn't we cut back on some of the access streets. Mr. Gilbo had presented to Council a list of the locations which will -be improved. Engineer Larson said with the question of sidewalks on Talbot Road there would be some engineering cots, and then if bike paths and storm drainage is going to be considered - there would have to be a complete -re -analysis of Talbot Road and what we plan to do with it. During discussion, Councilman Anderson said that he would like to hear some alternates. Engineer Larson said that as of.right now the estimate is for Olympic View Drive and Olympic Avenue for recreational paths. Following further discussion, THE MOTION CARRIED. CONSIDERATION OF -BILLS DUE IN CONNECTION WITH UAB PROJECT 8-1-141 (02). 228th/236th STREETS S.W. The City -Engineer stated that these bills were incurred from October, 1974 to the first of March and there is nothing in the budget to pay for it. Mr. Larson said these.bills were incurred on the basis of the previous agreement. The City Attorney said that the first official notice that was given to the City of Mountlake Terrace was last Wednesday. He said he believes the City is bound under. the.prior agreement -with regard to these bills, and that if they are paid, it should be clarified in a transmittal letter that there is no intent to participate in forthcoming bills. These bills were -all incurred prior to Council action -last Tuesday. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILWOMAN BRUNS THAT THESE BILLS BE PAID WITH AN ACCOMPANYING LETTER TO BE DRAFTED BY THE CITY ATTORNEY TO STATE THAT THESE ARE THE ONLY BILLS TO BE PAID AS BEING IN EXISTENCE PRIOR TO NOTIFICATION OF THE BREACH, OUT OF APPROPRIATE STREET OR ARTERIAL FUNDS. MOTION CARRIED. ASSIGNMENT OF FAIR HOUSING COMMISSION MEMBERS The Mayor announced that he has not contacted all parties, yet and hopes to make these.appointments next week. .CLAIMS FOR DAMAGES Council acknowledged Claims for Damages from Julie J. Hise, Michael Rinehart and .Kent Bickmore. These were referred to the City Clerk's Office for processing. The meeting adjourned at-10:45 P.M. IRENE VARNEY MORAN,JZity Clerk H. H. HARRISON, Mayor April -22, 1975 ROLL CALL The regular meeting of'the Edmonds City Council was called to order by Mayor Harrison at 7:30 P.M. in the Council Chambers at the Edmonds Civic Center, with all council members present. APP,R.QVLAL OF MINUTES The minutes of the meeting of April 15th had been posted, mailed and distributed, • Councilwoman Shippen said that she would like to make an addition to the end of 26.. �J the first full paragraph on page 3. "Mrs. Shippen noted that the State Highway Commission has not received notice of our request regarding truck routes, and asked that they be sent copies". The minutes were then approved as amended. COUNCIL PARTICIPATION Mayor Harrison said that we have received an application for a Class H Liquor License for Pompeii, Inc., a restaurant at 23831 Highway 99. Police Chief, Marlo Foster, had informed council several months ago, when the restaurant was opened, that there have been no problems or violations with respect to the MOTION: applicants. He recommended approval of the license. COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN GELLERT TO APPROVE THE CLASS H LICENSE REQUEST FOR�.,POMPEII, INC. MOTION CARRIED. Mayor Harrison mentioned that there is a vancancy on the Park Board, and would like, to appoint Herb White, who is recently retired from the military , and is very interested in parks and recreation. He would fill Position #8, recently vacated when Mike Truax resigned. Council will plan to meet with Mr. White next week. AUDIENCE PARTICIPATION A gentleman in the audience expressed concern about garbage collection procedures, and the rate increases that have occurred over the past nine years. He did not like the idea of garbage cans being set out at the curb, as this looks very unsightly; and that it is more likely that dogs will tip them over causing a further problem. Councilman Gellert explained that the rates are set by the Washington Utilities and Transportation Commission. There was general discussion of the matter, with the gentleman commenting that he thought the City should have better control over this matter. CORRESPONDENCE Mayor Harrison said that he has received a notice from the Association of Snohomish County Cities, that there will be a meeting on Thursday, at 6:30 P.M. at the Dutch Cup Restaurant in Sultan. HEARING: ON PLANNING COMMISSION RESOLUTION #468, CONTRACT REZONE FROM RD TO RMH, OTTO KURTZ, R-1-75. City Planner, Joe Wallis, reported that this was forwarded to the Council by the Planning Commission with a recommendation for approval. The basis of the application was that it was at the request of the applicant. Mr. Wallis then reviewed previous actions taken. He pointed out -that this first came to the attention of the City through a complaint from a neighboring property owner that there was an additional dwelling unit on the premises other than that allowed in the Code for an RD zone. the Planning Commission heard the application at the request of the Board of Adjmstment to determine how the matter should be handled. The location is east of 5th and north of Elm Way. Mr. Wallis used slides to indicate the location of the property and also showed views of the property itself. He noted that there is ample parking provided for three units. It was also noted that there is variety_ of zoning in the area. Mr. Wallis pointed out that.the owner did come to the City and make the offer as far as the contract rezone is concerned; Edmonds shall be under no obligation to issue a Building Permit for improvements or expansion on any of the property of the owner unless such improvements comply with the terms of the contract, or are applicable to the ordinances at the time.,; the application is made. The covenants do run with the land. This is conditioned • upon the property being rezoned from the RD to RMH. Mr. Wallis read the rest of the agreement to the Council. Mr, Wallis reviewed the circumstances under which Mr. and Mrs. Kurtz acquired the property under discussion. Mr. Kurtz had done some .structural steel work on the Highland Park Complex; there was some problem with payment, and Mr. Kurtz received as a payment for that work, this unit. The unit was represented to him to be a three unit structure. Mr. Kurtz accepted it on that basis; completed the roughed�in unit on the lower floor and proceeded to rent the unit. It was at this time the City discovered the problem and -took measures to rectify the situation under the Codes. Mr. Wallis explained that the reason the requested zoning is RMH, is that something must.be.g iven and something received under the conditions for the granting of a contract rezone. If it were RML, it would simply conform and there would actually be nothing given. Mr. Wallis was of the opinion that this would not establish a precendent in this area. The Council then reviewed the map showing the zoning in the neighborhood. Councilman .Nordquist pointed out that there are nearby buildings which are constructed similar to the subject building, and that he feels they could very well come in and ask for the same thing. Ray Gould, a member of the Planning Commission, stated that it was for this reason that he.voted against this rezone when it was heard by the Planning Commission. _.Councilman Clement wondered why the City should be involved in this matter, when, in fact, Mr. Kurtz was mislead into accepting a piece of property for a job that he had done. Mr. Wallis said that it was his understanding that there was a bankruptcy involved, and apparently had little legal recourse. Following Further discussion, the hearing was opened. No one wished to comment, and the hearing was=:closed. MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO UPHOLD THE RD ZONING, AND DENY PLANNING COMMISSION RESOLUTION #468. MOTION CARRIED. HEARING: ON PLANNING COMMISSION RESOLUTION #466, AMENDMENT TO SIDEYARD REGULATIONS IN RS ZONES, ZO-20-74. 264 City Planner, Joe Wallis, said this was a staff generated application ss the result of a subdivision that we had in the north end; Hanleywood. It is heavily wooded with mature firs on the site, and that the staff felt that there should be some provision in our Subdivision Code to allow for adjusting the house on the site, and still retain the essence of the Code itself. He said that it was heard before the Planning Commission in February, and was approved with a slight modification. .The amendment itself provides for adjustment in the sideyard requirement if necessary to preserve desirable trees; for instance in the RS-12 zone the total sideyard requirement would be 201. Under -,this plan, this can be adjusted to a minimum of 8' on one wide, and therefore, 12' on the other.;;making the total 201. It was pointed out that this only applies to subdivisions; and that sideyard requirements as approved, shall appear on the face of the plat. It was pointed out that this could limit the building envelope for the prospective buyer of the last lot in a plat. Mr. Wallis said that this would be true; but that this can also allow for greater interest and less monotony in the development of a subdivision. Following further discussion, the hearing was opened. No one wished to comment, and the MOTION: hearing was closed. COUNCILWOMAN BRUNS MOVED, SECONDED BY COUNCILMAN ANDERSON TO UPHOLD PLANNING COMMISSION RESOLUTION #466, AND INSTRUCT THE ATTORNEY TO PREPARE" AN ORDINANCE AMENDING THE OFFICIAL ZONING ORDINANCE OF THE CITY WITH REGARD TO SIDEYARD SETBACKS. COUNCILMAN GELLERT THEN MADE A MOTION TO AMEND'ADDING THE WORD "ONLY" IN FRONT OF "WHERE EXISTING TREES...". COUNCILMAN CLEMENT SECONDED THE AMENDMENT. THE AMENDMENT WAS VOTED UPON AND PASSED. THEN THE MAIN MOTION AS AMENDED ALSO CARRIED. APPEAL BY CLASSIC HOMES FROM AMENITIES DESIGN BOARD DECISION RE/READER BOARD City Planner, Joe Wallis, reported that on April 2, 1975, the application of Classic Homes.was rejected. On April 4th the applicant sent a letter appealing that decision to the City Council. The City Attorney then notified the attorney for Classic Homes that.the-appeal was deficient: 'Mr, -,:Wallis then met with -the applicant to try to resolve the problem. He also pointed out that there has not been a correction to the deficiency as pointed out by the City Attorney. There was an attempt to have the Amenities Design Board review an amended application last night, the 21st, but there was not a quorum. In a conversation with the applicant today, they indicated to Mr. Wallis that -they would re -apply to the Amenities Design Board on May 7th. As a result of the foregoing, there was no appeal to be heard this evening. Councilwoman Shippen said that it seemed that the Amenities Design Board was having some problems with our Sign Ordinance, and she wondered if this would not be a good time to ask that the Amenities Board and the Planning Department begin a review of signing in our business zones. Councilman Gellert suggested MOTION: that the sign builders also be involved. COUNCILWOMAN SHIPPEN MOVED -SECONDED BY COUNCILMAN NORDQUIST THAT THE AMENITIES DESIGN BOARD AND THE PLANNING DEPARTMENT BEGIN REVIEWING SIGNING IN THE BN, BC, CG AND CW ZONES AND MULTIPLE ZONES: AND IN THE PROCESS INVOLVE.THE SIGN BUILDERS. Mr. Wallis said that he has,beenvorking .directly with the Amenities Design Board on this and would like to pursue it. Following further discussion, THE MOTION CARRIED WITH COUNCILMAN WELLING VOTING "NO". REPORT ON AUTOMATIC RESPONSE - BALLINGER AREA Fire Chief, Jack Cooper, placed before the Mayor and Council a copy of a report, a map and a chart of the response times into the Ballinger Area. The report indicated the persons attending a meeting to discuss this matter, and some of the items upon which they did or did not agree. Chief Cooper also reported on the present status of the addition to Station #2 at Five Corners, which indicates a 4-6 month completion time. Finally, his recommendations were that the agreement as re -written • and sent to the Mayor and Council via M.A.A. Ron Whaley be signed; that we agree not to instigate any annexation to the City; that we purchase and locate a temporary unit at Station #2 and move 24-hour coverage to that location and appoint a committee to study the possibilities of building a Public Safety Building and place the same on the ballot for a bond issue as soon as possible. Councilman Gellert commented that he hoped we were not advocating a common Police and Fire Service for South County, as he would be -opposed. He -went on to mention the area' in the north end that has considerable sewage problems, and that he would not like to put this type of constraint upon ourselves. However, it has not been the policy of the City to go out and solicit annexations. There was a discussion on Item #3, .to locate a temporary unit at Station 42, and the Chief said that it is the hope to eventually establish a better, more central location for our fire service in Edmonds. Councilman Nordquist said that this would simply be a means to see just exactly what is needed at that location. Mayor Harrison said that he thinks we should proceed with the remodeling of Station #2 ,as previously planned. He also felt that a bond issue would have very little chance for passage at this time.. There was considerable discussion regarding Station #2 and various other matters, including the difference between a Mutual Aid Agreement and a Mutual REsponse Agreement, which Chief Cooper then explained. There was also discussion.as to.the water tank site adjacent to Station #2, but the City Engineer said that he already has plans for locating another tank at that site. MOTION: COUNCILMAN GELLERT THEN MOVED, SECONDED BY COUNCILWOMAN SHIPPEN TO SIGN THE AGREEMENT AS RE -WRITTEN AND FORWARD TO DISTRICT #1 FOR THEIR'ACTION; AND PROCEED WITH STATION #2 AS PREVIOUSLY PLANNED. Councilman Anderson commented that he would be opposed to doing any remodeling at Station #2 at this time, as it might reduce our flexibility to do something different at a later time. A ROLL CALL VOTE RESULTED IN WELLING, NORDQUIST AND ANDERSON VOTING AGAINST, AND THE REMAINDER VOTING IN FAVOR. 0 265 1 �J • 1 City Attorney, James Murphy, stated with regard to this agreement, in paragraph 8, on the indemnification agreement, that should be limited to 'injuries and damages MOTION: to third parties'; so that we don't wind up in• a LEFF situation. COUNCILMAN GELLERT THEN MOVED, SECONDED BY mUNCILMAN CLEMENT -THAT IT. BE MADE A PART OF THE AGREEMENT THAT AFTER THE WORD "CLAIMS" IN LINE 3, PARAGRAPH 8, THAT THE WORDS,. "THIRD PARTY" BE ADDED. MOTION CARRIED, WITH COUNCILMAN WELLING VOTING AGAINST. REPORT ON PARKING QUESTION Dave Larson, -representing the committee established to make recommendations on downtown parking, reported on this item. A map of the area was placed on the bulletin board,'and Mr. Larson pointed out that generally the outlined area is zoned BC. He said that the committee had two policy recommendations (1) that businessmen encourage off-street parking for employees; and (2) adoption of a program to develop alley parking primarily for employees. He said they feel that alley parking -would cause the least disruption of the pedestrian character of the retail area. He said that this could be done on a block by block basis, starting with the section that has the greatest parking deficiency. Mr. Larson pointed out that the land could probably be acquired for a significantly lower cost along an alley strip, than buying land on the street frontage. It would rid the downtown area of some unsightly garages, etc.; and would open up the alleys for some development possibilities,- such as small shops, rear entrances to buildings and pedestrian walkways. He said that this program would not preclude other parking lot configurations in blocks where that might seem&-sirable. Wade James pointed out four areas where this kind of development could take place. Councilman Welling stated that he was enthusiastic about this concept. It was pointed out also that the Chamber of Commerce has issued a Newsletter that bank parking lots are available during non -banking hours. Mr. Larson then stated that the next steps to be taken would•.be.to inventory possible parking sites,'their Availability and possible methods of financing the program. Another thing would be to talk to the attorney with regard,to the legal aspects. Following further discussion, MOTION: COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN ANDERSON TO INDICATE THE INTENT OF THE COUNCIL TO ENCOURAGE EMPLOYEES OF BUSINESSES IN DOWNTOWN AREAS TO PARK OFF-STREET AND SO NOTIFY THE CHAMBER OF COMMERCE OF OUR ENCOURAGEMENT. CARRIED. MOTION: COUNCILMAN ANDERSON THEN MOVED, SECONDED BY COUNCILMAN NORDQUIST TO DEFINE THE AREA BY BC ZONE, WITH CERTAIN AREAS EXCEPTED TO INCLUDE THE AREAS EAST OF 6TH, SOUTH OF MAPLE, WEST OF SUNSET AND NORTH OF BELL AS THE AREA OF PROPER CONCERN. MOTION CARRIED. MOTION: COUNCILMAN CLEMENT THEN MOVED, SECONDED BY COUNCILMAN ANDERSON TO PURSUE THE SOLUTION OF THIS PROBLEM AND IDEA OF THE CONCEPT OF THE PARKING. MOTION CARRIED. Councilman Welling thought perhaps some public hearings should be held to determine the method of financing that'we would subscribe to in support of this concept. Mr. Larson said that the committee would like to bring forward one more report before such a step is taken. A time(.frame for this report was discussed. MOTION:• COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN ANDERSON THAT WE HAVE ANOTHER REPORT FROM THE PARKING STUDY COMMITTEE ON MAY 20TH ON IMPLEMENTATION OF THE CONCEPT OF PARKING; AND POSSIBLE COST AND PCESIBLE SITES. MOTION CARRIED. MOTION: A MOTION WAS MADE BY COUNCILMAN ANDERSON AND SECONDED BY COUNCILWOMAN SHIPPEN THAT THE ISSUE OF THE POSSIBLE REZONE TO MULTIPLE, RATHER THAN BC, IN THE AREA NORTH OF BELL STREET, BE REFERRED TO THE PLANNING COMMISSION FOR STUDY. MOTION CARRIED. PRELIMINARY PLAT APPROVAL - K & K HOMES, 9 LOT PLAT, EAST END FREDERICK PLACE Councilman Gellert stated that this plat should contain the locations of the trees MOTION: to be saved. COUNCILMAN GELLERT-MADE A MOTION, SECONDED BY COUNCILMAN CLEMENT TO HEAR THIS MATTER ON THE 20TH OF MAY; AND THAT THE PLAT CONTAIN THE LOCATIONS OF THE CONIFERS 8" OR LARGER THAT SHOULD BE SAVED. MOTION CARRIED. REPORT ON BIDS FOR PURCHASE OF 1975 VEHICLES This item will be postponed to -the May 6th agenda. FIRST READING: AMENDMENT TO SEWER CODE TO ESTABLISH ADDITIONAL SEWER CONNECTION CHARGES. City Engineer, Leif Larson, reported on this item and had provided Council and Mayor with a written report on the matter. He reviewed the proposed ordinance and explained how the costs are determined. The attorney explained that the Engineer was updating the -historical cost. Councilman Gellert thought that builders and. developers should be notified before second reading which will be held on May 6th. The Engineer indicated that this could be done. FIRST READING: AMENDMENT TO TRAFFIC CODE TO RESTRICT PARKING ON 212TH S.W. & 76TH W. IN CONNECTION WITH THE CHANNELIZATION FOR THE NEW SIGNAL. The City Engineer reported on this matter and reviewed the proposed ordinance. 0 266 • PROPOSED ORDINANCE RE/FAIR HOUSING MOTION: COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN NORDQUIST TO PASS ORDINANCE #1770. MOTION CARRIED. SECOND READING: PROPOSED ORDINANCE ON ADOPTION OF ROLLED CONCRETE CURB AND GUTTER STANDARDS. The City Engineer reported on this item and Councilman Nordquist suggested that MOTION: after the word "curb", the words "may be used" be inserted., COUNCILMAN NORDQUIST THEN MOVED, SECONDED BY COUNCILMAN ANDERSON TO PASS ORDINANCE #1771. CARRIED. ASSIGNMENT OF FAIR HOUSING COMMISSION MEMBERS Mayor Harrison appointed the following person to the Commission: Jean Thompson; MOTION: Valena Walker and Elmer Harris. COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN GELLERT TO CONFIRM THESE APPOINTMENTS. MOTION CARRIED. C-LAIMS FOR DAMAGES Council acknowledged receipt of the Claim for Damages from Robert Gierke. This was referred to the City Clerk for processing. There being no further business to come before council, the meeting adjourned at 10:45 P.M. IRENE VARNEY MORAN, ity Clerk H. H. HARRISON, Mayor April 29, 1975 ROT.T. CAT.T. The regular work meeting of the Edmonds City Council was called to order by Mayor Harve Harrison at 7:30 P.M. in the Council Chambers at the Edmonds Civic Center with all council members present. APPROVAL OF MINUTES The minutes of the meeting of April 22nd had been posted, mailed and distributed, and with no omissions, nor correction, were approved as written. COUNCIL PARTICIPATION Councilman Nordquist stated that the State Highway Commission will be holding a meeting in Lynnwood on either the 19th or 20th of May, and will be taking input from South Snohomish County on any problems or suggestions. He said that perhaps at the next meeting the council could offer suggestions that could be put in a .letter to the Commission, or send a representative. Councilman Gellert thought we should re -consider this year's Six Year Street Improvement Program and hopefully the one for next year, considering Councilwoman Shippen's suggestion that maybe the major collector streets should hot be re- • surfaced cjithout at the same time putting in bicycle and pedestrian pathways. MOTION: He said this may change the priorities. COUNCILMAN GELLERT THEN MOVED, SECONDED BY COUNCILWOMAN SHIPPEN TO PLACE THIS ITEM ON THE WORK MEETING AGENDA FOR MAY 13TH AND THAT THE CITY ENGINEER GIVE THE COUNCIL WHATEVER INPUT HE HAS ON COSTS, SCHEDULING PROBLEMS, STORM SEWER PROBLEMS, ETC. MOTION CARRIED. Councilwoman Bruns said that she had a request from the Art Festival Committee (from Win Schillberg) that Dayton Street, between 5th'and 6th be closed from Thursday morning to Sunday night during the Festival; and that there be no parking on 5th between Dayton and Maple. Councilwoman Bruns then asked if the Art Festival had the authority to say "no" to a vendor that comes into the Festival area, but is not a registered exhibitor. City Attorney, John Wallace, said that in a sense, the City has delegated to the Art Festival the authority to do so, within the confines of the Festival Area. Councilwoman Shippen mentioned the Senior Center Plans, and said that they are in the process of revision. She said that she would like to get a copy of these for the Council to review on the 13th of May, as well as the landscaping plans. MOTION: SHE THEN MADE A MOTION, SECONDED BY COUNCILMAN ANDERSON TO REVIEW THE SENIOR CENTER PLANS, AND THE LANDSCAPING PLANS ON THE 13TH OF MAY. MOTION CARRIED. Councilwoman Shippen said that this Friday, the 2nd of May, the Executive Director of -.the Council on the Aicts) and Mayor the exhibit "More Streets for People" in Occidental Park in this has some relevance to Edmonds. Mayor Harrison issued an invitation from the City employees. participate in the Annual Golf Tournament to be held May 3rd Golf Course in Everett. Tee -off time is 12 noon. Nancy Hanks, (who is Uhlmann will dedicate Seattle. She felt to the Council to at the Walter Hall