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19760323 City Council Minutes• 403 BE PASSED, ESTABLISHING FEES FOR BUSINESS LICENSES, COMMENCING JANUARY 1, 1977. MOTION CARRIED WITH COUNCILMAN CARNS VOTING AGAINST. 1 J 40 Second reading was heard on the proposed amendment to the sauna parlor license. The City Attorney explained that this was a housekeeping item, a portion having been left out of the MOTION: original amendment. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN ANDERSON THAT PROPOSED ORDINANCE #1829 BE PASSED, AND THE MOTION CARRIED. AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT City Engineer Larson asked for authorization for the Mayor to sign an agreement with the MOTION: PUD for Glen Ellen View Tracts underground wiring project, under LID 196. IT WAS MOVED BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS TO AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT AS STATED. MOTION CARRIED. CLAIMS FOR DAMAGES The City Clerk reported that a claim for damages from John K. Winther had been received and forwarded immediately to the insurance company for processing., There was no further business to come before council, and the meeting was adjourned at 11:35 P.M. IRENE VARNEY MORAN, Gity Clerk March 23,'' 1976 ROLL CALL* H. H. MARRISON, Mayor TheFreguIar.meeting-:of.the Edmonds City Council was,call.ed to roder by Mayor,'Harve-Harrison at 7:30 P.M. in the Couhcil'Chambers of the Edmonds Civic Center. All council members were present. APPROVAL OF MINUTES Minutes of the meeting of March 16.had been posted, mailed and distributed. Councilman Gould noted that on page 4, second paragraph form the bottom, on the 88th improvements, he had made the motion to amend, not Gellert, as stated. The minutes then were approved as amended. COUNCIL PARTICIPATION Councilman Carns advised council that at today's board meeting of the Edmonds Rotary Club, they had come up with two offers: (1) that they would sponsor and pay the entire cost of the anchor, or (2) would pay the difference between the amount collected and the $1100 needed. Councilman Gellert noted that the private contributors might prefer to have their contributions kept and used, and their names on the plaque, so he felt perhaps the administration should accept the second offer. MOTION: COUNCILMAN GELLERT THEN MOVED, SECONDED BY COUNCILMAN CLEMENT TO ACCEPT THE ROTARY CLUB OFFER TO MAKE UP THE DIFFERENCE IN AMOUNT COLLECTED FOR THE ANCHOR AND THE $1100. MOTION CARRIED. Councilman Gould advised for the record that he would not be present at the council meeting March 30. Councilman Gould said he had received a request from a county resident about a sewer problem and what needs to be done to hook up to the city sewer lines. He added that he would like to place this before the administration and Engineer and have the problem brought before council. It was • noted by Councilman Gellert that it had been a long-time policy of the City of Edmonds not to allow connection to city sewer lines except for inside city limits, or public facilities such as MOTION: a school or hospital. A MOTION WAS MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN ANDERSON TO PLACE THIS QUESTION ON.THE APRIL 20 COUNCIL AGENDA, AND THE MOTION CARRIED. Councilman Gould also noted that he had received a copy of Substitute H.B. 90, in regard to gambl- ing, etc., and he made the request that this be placed on the April 13 council agenda, with a report from the City Attorney on its impact on the city of Edmonds. Councilman Anderson brought up the item of the council dinner on the 21st at 6:30 at the Holiday Inn. Councilman Carns then asked if perhaps the scheduled luncheons with the Staff for the first Friday of each month could be changed to another Friday due to a conflict, and Councilman Anderson said he would try to arrange something. Mayor Harrison then reported that he had been guest speaker at the Golden Age Club held in the Alderwood Youth Club in Alderwood Manor. He said the club has 200 members; that 91 had attended that luncheon; and that the lady who had founded the Golden Age Club was 93 years old and still a member. The Mayor noted that the club was self-supporting; that they had several years ago been evicted from the the Edmonds Senior Center facility; and that they are an active group that meets regularly - AUDIENCE PARTICIPATION Robert Olin told council that he had a preliminary plat that had been before the Planning Commission, and he asked if his plat could be brought to council at the next meeting. There was some discussion, MOTION: and with three councilmen going to be absent from that meeting, IT WAS MOVED BY COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN GELLERT TO SET THE PRELIMINARY PLAT OF OLIN'S ADDITON FOR APRIL 6, AND THE MOTION CARRIED. • • MOTION: IT WAS THEN MOVED BY COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN GOULD TO CLOSE THE APRIL 6 COUNCIL AGENDA AGAINST ANY FURTHER ITEMS. MOTION CARRIED. CORRESPONDENCE M.A.A. Ron Whaley reported on the undergrounding agreement with General Telephone for 5th Avenue, which had been received by the Engineer just yesterday. The City Engineer recommended that the Mayor be authorized to execute the agreement on behalf of the city, and also with the recommend- ation of the City Attorney that the signing of this agreement was the proper procedure -,.at -this MOTION: point, A MOTION WAS MADE BY COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN CARNS TO AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT WITH GENERAL TELEPHONE FOR UNDERGROUNDING FOR 5TH AVENUE. MOTION CARRIED. A letter had been received from Recreation Director Rod Garretson regarding the offer to the city for rental fo the south parking lot at the railroad depot for $100 per month. Following some short discussion, A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD THAT THE CITY INVITE A BURLINGTON NORTHERN REPRESENTATIVE TO ATTEND THE APRIL 20 COUNCIL MEETING TO DISCUSS THEIR IDEAS ON THIS SUBJECT. Following some further discussion, THE MOTION AND SECOND MOTION: WERE BOTH WITHDRAWN, AND IT WAS MOVED BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN CLEMENT TO SET THAT DATE FOR DISCUSSION WITH BURLINGTON NORTHERN FOR THE APRIL 13 MEETING. THIS MOTION CARRIED. Councilman Gellert suggested that Mr. Geulke and Mr. Boyd both be invited to'attend, to explain any proposed use of that property. Councilman Nordquist noted that in reqard to a memo from the Engineer stating that iteR.13 on tonight's agenda be removed until such time as the abutting property owners submit a formalized MOTION: petition, and as a result of the Engineer's discussion with Mr. Dean Nordquist, HE WOULD MOVE THAT ITEM #13 TO SET DATE FOR HEARING ON VACATION OF PORTION OF ELM AND FIRST BE REMOVED FROM THE AGENDA. MOTION WAS THEN SECONDED BY COUNCILMAN GOULD AND CARRIED. HEARING: P.C. RESOLUTION 496 • Hearing was held on Planning Commission Resolution 496, recommending a contract rezone from RS-6 to RMH at 510 Holly Drive. City Planner Joe Wallis noted that this was an application for a con- tract rezone from Mr. William Unwin, and he made a report on the zoning in the area via slides and a site plan submitted by the applicant. He also read from exhibits A, B, and C from Planning Commission Resolution 496, imposing the conditions for the rezone and the legal descriptions of the properties involved. The present zoning of this property is RS-6 on the back lot and BC off F.i,fth. Joe noted that under the agreement of the proposed contract rezone, there would be control of the access off Holly Drive, to be -used for emergency purposes. Also, the stream on the property would be preserved with the present plan, and it would be better for the neighborhood than a possible use of the BC area for a business. He recommended approval of the rezone. There was some council discussion on the height allowance if a business were to go there on the property zoned BC, and it was the same as for the proposed apartment building. Hearing was then opened. Bill Unwin, applicant, told council that he had made application to HUD for housing at this location, but had not been accepted, so the apartment building would not be that type of housing Wade James, architect for Mr. Unwin, also spoke on the planned building proposal of 21 units, with covered parking, fencing or masonry wall, and noted that they were willing to wall or fence in accordance with Mrs. Hayes' wishes, who abuts. Councilman Gellert asked if they would be will- ing to have the wall as high as the plate line of the parking strip, and would the parking only be under the roof. Mr. James answered that they would be willing to do this. Bruce Jones, 561 Hemlock Way, spoke against taking away an RS area and changing it to RM for transition purposes between BC and RS. He said he saw the rezone as a planning problem, and this proposal from Mr. Unwin should not'be::supported. He objected to the increased density in a single family type of neighborhood. -There was some discussion about the proposed contract, and Attorney Wallace said he had advised the applicant to incorporate a site plan to be attached to the proposal for contract rezone. • Mr. Brown, 542 Holly Drive, presented a petition signed by 69 property owners adjacent to and in the immediate neighborhood of the property in question, objecting to any rezone from RS to RM. The petition stated that approximately 75% of the area is in single family homes and some have been constructed recently; that the change to multiple would increase the density of living units from 15 to 21 for the proposed apartment project, and the neighborhood cannot accomodate the amount of traffic generated by a 16 unit, let alone a 21 unit apartment; and that other areas presently zoned multiple in the city should be improved before expansion into different areas; so that the impact on the city of the present level of multiple zones can be studied, planned, and absorbed. pr. Brown also mentioned the fact that the people in this neighborhood had defeated the same type of rezone from RS in the area several years ago. Dale Craven, Holly Drive, also spoke in opposition to the proposal. Jean Yost asked questions about the parking and access proposal. Roger Hertrich, Puget Drive, said he did not live in this area, but it seemed to him that they could have a problem when a car is turning off 5th to Holly Drive and one is coming out: the driveway of the proposed apartment complex. There was a'question on whether the city might in the future extend Holly Drive to 6th, but it was stated that this is not on the plan. Mr. Hertrich then stated that there was concern about creeping rezones in RS areas. Ray Meek, 565 Hemlock Way, spoke about the several times in the past that rezone of the area has been turn- ed down by council, and noted that one rezone seems to bring on another. He reminded council that 75% of the owners of property in the immediate area are in favor of holding the zoning as is. Dale Craven asked those in the audience who were opposed to this rezone to stand, and there were many. Three then stood who were in favor, including the applicant and architect. No one else wished to speak in the audience, and the hearing was therefore closed. Council then discussed the proposal at length. Councilman Gellert said that perhaps a better contract could be offered; that the present agreement was not yet restrictive enough, and some further restrictions might be better than a BC type of building that could be allowed to develop under the present zoning. Councilman Herb said he was in favor of the rezone. Councilman Carns said there were too many unanswered questions at this point, and he could not vote in favor. Councilman Gould said the residents have spoken and council should therefore leave the zoning as • is. He opposed the contract.r.ezone and was not'in favor of increased density. Councilman Clement also did not favor the increased density.- He felt it was one of the most attractive sites in downtown Edmonds, with the stream and al].,.,_ He expressed concern, however, on what this might be left open to in the future. Councilman Anderson sai.d he was inclined to agree with Councilman Gellert's views; that he would look at another offering of a contract rezone. Councilman Nordqui.st said he had listened to si.mil.ar-�proposals for several years and saw no need for encroach- ment on property for the benefit of 5 extra units. MOTION: Following a great deal of discussion,' A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS TO DENY PLANNING COMMISSION RESOLUTION 496, AND THE RECOMMENDATION FOR THE CONTRACT REZONE. MOTION CARRIED WITH COUNCILMEN GELLERT AND HERB VOTING AGAINST. Councilman Gellert explained that he voted against this with the thought that he might later see a favorable contract. HEARING: P.C. RESOLUTION 494 Hearing was held on Plan'ning':Commission Resolution 494, to remove excavations and landfills from the table of uses requiri:ng.conditi.onal.'.use?permi;tt.. City Planner Wallis stated that the Staff initiated this application, in order to establish a procedure wherein the departments would re- view all those applications involving less than 1.000 .:cubic :yards:: Th;i 'wool d�' el�i:mi hate^the.-.extensive administrative procedure of having to obtain a conditional use permit. Hearing was opened. Roger Hertrich, Puget Drive, said he objected to this proposal. He said he was concerned that we now have a conditional use permit required, but if given to the Staff, what kind of regulatory agency was the Building Dept, for example. If an applicant did not apply for a conditional use, what kind.of'record would there be. No one else wished to comment, and the hearing was therefore closed. • Councilman Gellert suggested that the city continue as at present until the Building Code can be changed, to restrict the time the recipient can be required to do something with the fill. There was a great deal of discussion regarding the number of cubic yards to be allowed, the time element, MOTION: and permits that might be required. Following this, A MOTION'WAS MADE BY COUNCILMAN CLEMENT-, SECONDED BY COUNCILMAN CARNS THAT THE ATTORNEY BE INSTRUCTED TO AMEND THE PROPOSED ORDINANCE TO RESTRICT THE CUBLIC YARDS FROM 1.000 to 500. MOTION CARRIED. MOTION: COUNCILMAN GELLERT THEN MOVED, SECONDED BY COUNCILMAN GOULD THAT THE CITY ATTORNEY BE INSTRUCTED TO PREPARE AN ORDINANCE TO PROPOSE A CHANGE IN THE BUILDING CODE, PASSED THROUGH THE BOARD OF APPEALS, TO (1) BEFORE A PERMIT IS GRANTED TO THE RECIPIENT OF FILL, HE BE REQUIRED TO PROVIDE SURVEY DATA ON THE ORIGINAL GRADE OF THE LOT, AND (2) THE RECIPIENT OF SUCH FILL BE REQUIRED TO HAVE THE FILL IN PLACE TO THE NEW GRADE AS STIPULATED BY THE PERMIT AND PUT IN PLACE WITHIN 90 DAYS. 11 Following some further discussion on the motion, both COUNCILMEN GELLERT AND GOULD WITHDREW MOTION: THE MOTION AND SECOND TO LEAVE THE 90 DAY TIME LIMIT ONLY. THIS MOTION CARRIED, WITH COUNCIL- MAN HERB VOTING AGAINST. REPORT ON H.B. 971, LEASE HOLDER'S TAX Attorney John Wallace had sent a memo to council members, summarizing the leasehold excise tax situation. He explained the law provides for a 12% leasehold excise tax effective January.l, 1976 on taxable rent paid by private lessees of public leasehold interest. The law is intended to impose a tax on any private individual using public property. There are some exemptions. Attorney Wallace explained that the city has the right to get 4% of this tax, by levying the 4%, but must do so by ordinance and have this in the hands of the Department of Revenue by April 15, 1976 in order to be retroactive to January 1. Money will then be distributed via State Treasurer on a bi-monthly basis. He noted that the city has the right to get this percentage from leasing MOTION: of port facility, Jr. High renters, etc. COUNCILMAN CARNS THEN MOVED, SECONDED BY COUNCILMAN • GOULD TO RECONSIDER THE VOTE ON CLOSING OF THE APRIL 6 AGENDA. THIS MOTION CARRIED, since the Attorney had recommended setting the proposed.ordinance for passage at the next regular council' meeting. MOTION: COUNCILMAN CARNS MADE THE MOTION; SECONDED BY COUNCILMAN HERB TO SET APRIL 6 AS THE DATE FOR PASSAGE OF THE PROPOSED ORDINANCE, AND THE MOTION CARRIED. MOTION: A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN GOULD THAT THE APRIL 6 COUNCIL AGENDA NOW AGAIN BE CLOSED TO FURTHER ITEMS. MOTION CARRIED WITH COUNCILMAN NORDQUIST VOTING AGAINST. APPROVAL FINAL PLAT - SUNSET WEST, DIVISION NO. 7 City Engineer Leif Larson presented the final plat of Sunset West,,Dvision No.*7 and recommended MOTION: approval. A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY'-COUNCILMAN'CARNS TO APPROVE THE FINAL PLAT OF SUNSET WEST, DIVISION NO. 7. MOTION CARRIED. DISCUSSION ON BLOOD BANK PROJECT Councilman Anderson stated that he wished to alert the council to the Blood Bank Building, and request permission to circulate pledge cards and invitations to the staff to contribute, show a slide presentation to city employees and stress the great need to raise money for this purpose, and also to enclose envelopes with utility billing for public pledges. There was some council discussion on the wisdom of using the utility billing, feeling that it could start other requests, MOTION: but council left that this was'of prime importance to everyone. A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN GOULD THAT THE THREE METHODS FOR GIVING OPPORTUNITY TO CONTRIBUTE TO THE BLOOD BAND, AS OUTLINED BY COUNCILMAN ANDERSON, BE ADOPTED. MOTION CARRIED. 0 STREET.USE PERMIT APPLICATION - MERLE STEINMAN - 174TH STREET R/W • MOTION: City Engineer Leif Larson explained that an applicaton had been submitted by Mr. Steinman for a driveway to his home off 174th. Engineer Larson stated that there would be study of alternate access, but he would -recommend approval of this application unless some other means can be found. He did note that he contemplated, recommending continuation for further study. Following some discussion, COUNCILMAN CARNS MADE A MOTION, SECONDED BY COUNCILMAN CLEMENT THAT THE APPLICATION FOR THE DRIVEWAY BE APPROVED ON CONDITION THAT THE PERMIT BE OF A TEMPORARY NATURE PENDING AN ALTERNATIVE ACCESS ROUTE DETERMINATION; GRANTING OF THE PERMIT WILL NOT ESTABLISH A GRADE FOR THE UNOPENED R/W OF 172ND ST. S.W.; EROSION AND DRAINAGE CONTROLS WILL BE PROVIDED; RESTORATION OF THE R/W WHICH WAS CLEARED AND GRADED WITHOUT AUTHORIZATION BY THE CITY WILL BE REQUIRED; THE 270 FEET OF PRIVATE WATER SERVICE WILL BE INCLUDED IN THE PERMIT APPLICATION; UPON APPROVAL OF THE APPLICATION FOR A PERMIT, ADEQUATE PROVISION FOR INDEMNITY AND A PERMIT BOND WILL BE REQUIRED; AND ENGINEERING DRAWINGS WILL BE REQUIRED FOR REVIEW BY THE ENGINEERING DEPARTMENT. Mr. Steinman then presented a petition signed by 13 neighbors in favor of his application for access plans. Mrs. Lewis, in the audience, said she questioned the signatures on Mr. Steinman's petition and was unhappy about the road ever having been put in. Mrs. Wilson, Measowdale Beach Road, said she would like not to have a temporary road allowed, because once in, it would stay. A gentleman in the audience asked council if according to law, could they stop a man from access to his property. Attorney Wallace answered that he abuts on city right-of-way that may never be opened. Mr. Crane, 68th, said the Planning Commission did not understand fully the problem at their hearing, and there are alternatives to the problem and engineering problems. He asked for no snap decision, to consider the alternatives. FOLLOWING THIS, VOTE WAS TAKEN ON THE MOTION MADE BY COUNCILMAN CARNS,'AND A ROLL CALL VOTE SHOWED IT FAILED TO CARRY, WITH ONLY CARNS AND ANDERSON VOTING IN FAVOR. A MOTION WAS THEN MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CLEMENT TO SET THE ENTIRE QUESTION OF ACCESS TO THE MEADOWDALE AREA, INCLUDING THE PLANNING COMMISSION ACTION AND CITY ENGINEER FINDINGS FOR THE APRIL 20 COUNCIL AGENDA. MOTION CARRIED. Councilman Gellert asked that the residents of the area be notified. STREET USE PERMIT APPLICATION FOR PEOPLE'S NATIONAL BANK - SIGN OVER SIDEWALK Engineer Larson advised council that this replaced an,existing sign, but now required a street use permit. He recommended approval. IT WAS MOVED BY COUNCILMAN HERB, SECONDED BY COUNCILMAN CARNS TO APPROVE THE STREET USE PERMIT APPLICATION OF THE PEOPLE'S NATIONAL BANK FOR THE SIGN OVER THE SIDEWALK. MOTION CARRIED WITH COUNCILMEN CLEMENT AND NORDQUIST VOTING AGAINST. .1 SECOND READING PROPOSED AMENDMENT TO PARK BOARD ORDINANCE ,MOTION:�,% Second reading was heard on the proposed amendment to the Park Board ordinance, and IT WAS MOVED BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GELLERT TO PASS PROPOSED ORDINANCE #1830, EXPANDING THE REVIEW POWERS OF THE PARK AND RECREATION ADVISORY BOARD. MOTION CARRIED. PREPAYMENT ORDINANCE FOR LID 194 MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS,'SECONDED BY COUNCILMAN NORDQUIST THAT PROPOSED ORDINANCE #1831 BE PASSED, PREPAYMENT ORDINANCE FOR LID 194 , AND THE MOTION CARRIED. Attorney Wallace then explained that council must set the interest rate for LID 194, and he suggested that 5 3/4% be the rate. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN CARNS TO SET THE INTEREST RATE RATE FOR LID 194 AT 5 3/4%, AND THE MOTION CARRIED. PROPOSED ORDINANCE RE/MOTOR VEHICLE' -EXCISE TAX Attorney John Wallace had sent a memo to Mayor and Council regarding the proposed transit tax ordinance, explaining that the legislature had authorized municipalities to levy and collect a special excise tax on motor vehicles for the cost of acquiring, equipping or operating a publicly owned mass transportation system and related facilities. The proposed ordinance would provide for the levying and utilization of a motor vihicle excise tax. A MOTION WAS MADE BY COUNCILMAN NORDQUIST'; SECONDED BY COUNCILMAN CARNS THAT PROPOSED ORDINANCE #1832 BE PASSED, AND THE MOTION CARRIED. CLAIMS FOR DAMAGES A claim for damages was acknowledged from Mrs. J. S. Jeffrey, and the City Clerk reported that a copy had been sent to the insurance company. There was no further business to come before the council, and the meeting was adjourned at 11:40 P.M. IRENE VARNEY MORAN, Vty Clerk March 30, 1976 ROLL CALL A" 1May-or Work meeting of the Edmonds City Council was called to order by Mayor Pro Tem Robert A. Anderson at 7:30 P.M. in the Council Chambers of the Edmonds Civic Center. Mayor Harrison and Councilmen Gould, Clement and Gellert -had all given notice of their absence. Council members present were Nordquist, Carns and'Herb. APPROVAL OF MINUTES 1� CI C 1 Minutes of the regular meeting of March 23 had been posted, mailed and distributed, and with no U