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19770104 City Council MinutesJanuary 4, 1977 The regular meeting of the Edmonds City Council was called to order at 7:40 p.m. by Mayor Harve .Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Harve Harrison, Mayor Max Gellert J. Herb Gilbo, M.A.A. Ray Gould Leif Larson, City Engineer Phil Clement Joe Wallis, City Planner John Nordquist Noelle Charleson, Asst. City Planner Robert Anderson Rod Garretson, Park Plan.& Rec. Dir. Tom Carns Irene Varney Moran, City Clerk Mike Herb Lila Crosby, Finance Director Harry Whitcutt, Building Official Don Burton, Park Maintenance Supt. John Wallace, City Attorney Wayne Tanaka, City Attorney. CONSENT AGENDA (7:41 p.m.) MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED.' The Consent Agenda contained the following: (A) Approval of Minutes of December 28, 1976. (B) Adoption of Ordinance 1889, transferring funds from the General Fund, Dept. 012, to the Junior High Fund and Park Improvement Fund. COUNCIL PARTICIPATION (7:42 p.m.) Councilman Clement noted that the local garbage companies have sent out notices of anticipated February 1 rate increases. He said that when Apex had been granted their last increase in March 1975, they had guaranteed not to increase again for two years, and that while it is only a month short of two years, he felt this should be brought to the attention of the MOTION: Public Utilities Commission. A MOTION WAS THEREFORE MADE BY COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN NORDQUIST, THAT A STATEMENT BE FILED WITH THE PUBLIC UTILITIES COMMISSION THAT IN RETURN FOR THE CITY'S SUPPORT OF THEIR LAST RATE INCREASE APEX GARBAGE CO. HAD GIVEN THEIR ASSURANCE THAT THEY WOULD NOT INCREASE AGAIN FOR 24 MONTHS; ALSO, THAT THE CITY SHOULD SOLICIT FROM APEX GARBAGE CO. THEIR PROPOSAL FOR RATE INCREASES, AS THEY HAVE NOT MADE ANY SUCH PROPOSAL TO THE CITY. MOTION CARRIED. In answer to an inquiry, M.A.A. Gilbo reported that the Council/Staff retreat would probably be scheduled for April 23-24. Mayor Harrison announced he had several appointments he would like to make, and he asked for Council confirmation. In response to his requests, the following motions of confirmation MOTION: were made. A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN ANDERSON TO CONFIRM THE APPOINTMENT OF RICHARD KIRSCHNER TO POSITION 3 ON THE LIBRARY BOARD FOR A FIVE-YEAR MOTION: TERM EXPIRING DECEMBER 31, 1981. MOTION CARRIED. A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CLEMENT, TO CONFIRM THE REAPPOINTMENTS OF ROBERT ANDERSON AND JOAN SWIFT TO POSITIONS 2 AND 3, RESPECTIVELY, OF THE EDMONDS ARTS COMMISSION FOR FOUR-YEAR MOTION: TERMS EXPIRING DECEMBER 31, 1980. MOTION CARRIED. A MOTION WAS MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN ANDERSON, TO CONFIRM THE REAPPOINTMENT OF LARRY TRENT TO POSITION 1 ON THE BOARD OF APPEALS FOR A FOUR-YEAR TERM EXPIRING DECEMBER 31, 1980. MOTION CARRIED. Mayor Harrison presented plaques to Howard Washburn and Ed Hayes in recognition of their service as members of the Planning Commission. Mayor Harrison then made the following committee assignments: Snohomish County Human Resources Steering Committee - King/Snohomish County Manpower Consortium - Snohomish County Police Services Steering Committee - Snohomish County Metro (SNOMET) Southwest Snohomish County Transit Board Snohomish County Solid Waste Steering Committee Snohomish County Health District SNOCOM LEOFF Disability Board Planning Commission Liaison Park Board Liaison Volunteer Firemen's Relief and Pension Board Firemen's Pension Board Puget Sound Council of Governments Gambling Committee Affirmative Action Committee Public Transportation Benefit Area Harve Harrison Harve Harrison Harve Harrison Herb Gilbo Marlo Foster Harve Harrison Phil Clement John Nordquist Ray Gould Leif Larson John Nordquist Robert Anderson Max Gellert Robert Anderson John Nordquist Tom Carns Phil Clement Harve Harrison Harve Harrison Harve Harrison Mike Herb Phil Clement Robert Anderson Herb Gilbo Phil Clement • January 4, 1977 (Continued) MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN ANDERSON, TO CONFIRM THE ABOVE COMMITTEE APPOINTMENTS. MOTION CARRIED. �J • 1 E n U MOTION MOTION: MOTION: 2i Regarding the status of the fishing pier, Park Planning and Recreation Director Rod Garretson reported that there had been a slight delay in the:'parking solution. The Port would like to see that the City has provided adequate parking for the facility. Mr. Gar.retson said he expected to see the parking solution accomplished with a lease of a portion of the railroad depot's south parking area. He said that once that is accomplished it appears the final plans for the fishing pier can be drawn and -it can go to bid, with the assumption that construction can begin at mid -year. M.A.A. Herb Gilbo added that he would like to ask the Council's permission to have Ray Buckley of the Fisheries Department present at the January 11 work meeting to make a report on the status from his end. A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN ANDERSON, TO INVITE RAY BUCKLEY TO MAKE A REPORT AT THE JANUARY 11 WORK MEETING. MOTION CARRIED. Mayor Harrison said the City Planner had requested a delay of the scheduled hearing of P.C. Resolution #541 because the proposed amendment affects the subdivision code and subdivision code amendments must be filed -'with the State 30 days prior to the amendment hearing. He had requested the hearing be rescheduled from January 18 to February 15. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN ANDERSON, TO RESCHEDULE THE HEARING OF P.C. RESOLUTION 541 TO FEBRUARY 15. MOTION CARRIED. Regarding the Richard L. Walker claim for -damages, City Attorney John Wallace reported that presently the only basis that exists for the claim is one of promissory estoppel; that is, that they, in reliance on statements of City employees, incurred expenses. Mr. Wallace said that a letter from the insurance defense counsel reflected that the Court had indicated he was going to accept that theory in the lawsuit and would rule accordingly. Mr. Wallace said that at this posture there was an offer from the plaintiffs to settle the case for $633.02 which was the amount of the original claim and was the amount the Council had been on the brink of approving before the plaintiffs went into litigation. When asked for a recommendation he said that since the Council had been prepared to approve it, he saw no reason not to approve it with a viable theory of legal liability. A MOTION WAS MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN ANDERSON, THAT THE COUNCIL APPROVE THE CLAIM OF RICHARD L. WALKER IN THE AMOUNT OF $633.02. A ROLL CALL VOTE WAS TAKEN, WITH COUNCILMEN GOULD, CLEMENT, ANDERSON, AND HERB VOTING YES, AND COUNCILMAN NORDQUIST AND CARNS VOTING NO. MOTION CARRIED. A FURTHER MOTION WAS MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN ANDERSON, THAT THE FUNDS FOR PAYING T.HE'WALKER CLAIM COME FROM THE SEWER FUND 411-032. MOTION CARRIED)WITH"'COUNCILMAN NORDQUIST VOTING NO, AND COUNCILMAN CARNS ABSTAINING BECAUSE HE HAD .VOTED."AGAINST"THE MOTION TO PAY THE CLAIM. AUDIENCE PARTICIPATION (8:05 p.m.) Captain Floyd Smith of 814 Dayton noted that at last week's meeting it was voted to reschedule the hearing on the zoning of the Edmonds Elementary School to January.12, an.d on the following morning he saw such notification in the local newspaper, indicating the newspapers had been notified before the action was taken. Mr. Wallis explained that he had anticipated the action of the Council and had put the notices in the papers in order to have the necessary publication before holding the hearing. If he had not published in that issue there would not have been enough time for the required publication. Councilman Clement also added that his original motion had been that this hearing be set for. January 12, but upon making his motion he was told that was a.jcl.osedw7meeti�hg',wi.th single -item agenda so he had changed the date to February 9. Upon discovering that the meeting of January 12 was not closed, he had moved for rescheduling to the January 12 date. He said Mr. Wallis had spoken to him before he had given the newspapers the notification. Ken Marvel of 6526 170th Place S.W. inquired about a newspaper article regarding expansion of the Lynnwood sewage treatment plant and whether the Council was participating in discussions on this. City Engineer Leif Larson replied that he was representing Edmonds and working with Lynnwood and he had been involved in the statement made. He said the expansion would be for the purpose of accomplishing better treatment but will not create more sewage. He said public hearing would be held on this topic and notification would be in the newspapers and it will be placed on the agenda. He anticipated the hearings would be in approximately a month. Bob Gustafson of Olympic View Drive objected to the blinking lights at the school crossings working on holidays and on days there.was no school. Mr. Larson said they are set on a fixed schedule for five days a week. He said he would check to see if there was a way to adjust them for periods when there is no school. SELECTION OF MAYOR PRO TEM (8:10 p.m.) MOTION: A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS, TO NOMINATE COUNCILMAN CLEMENT FOR MAYOR PRO TEM. COUNCILMAN CARNS THEN MOVED, SECONDED BY COUNCILMAN ANDERSON, THAT THE NOMINATIONS BE CLOSED. MOTION TO CLOSE THE NOMINATIONS CARRIED. MAYOR HARRISON ENTERTAINED A UNANIMOUS VOTE IN FAVOR OF COUNCILMAN CLEMENT AS MAYOR PRO TEM, AND SUCH VOTE WAS TAKEN. SELECTION OF PROJECT FOR HUD BLOCK GRANT (8:11 p.m.) Assistant City Planner Noelle Charleson reviewed the HUD Block Grant Program. She noted that the City of Edmonds does not have enough population to apply by itself so it joins.its population with that of Snohomish County and is apportioned funds from the County. She said proposals would be discussed this evening for submission to the Policy Board, which would determine on a basis of need which projects should be selected. She said there had been six formal requests received. She asked that the Council; indicate which programs they would. like to; pursue and if additional information is needed the Staff could gather the details. She said more than one project -could be selected, but they should be prioritized. The proposals which had been submitted were: Downtown beautification, proposed by the Edmonds Chamber of Commerce; Edmonds Youth Club.facility proposed by the Edmonds/ Lynnwood Youth Club; improvements to the Edmonds Senior Center, proposed by its Director, Jane Jones; upgrading and remodeling the Edmonds Junior High School athletic fields complex, proposed by the Edmonds Parks and Recreation Department; acquisition of the Brookacres Estate, proposed by the zI Edmonds Parks and Recreation Department; and school walkways, proposed by the Edmonds i Engineering Department. These had been reviewed at a previous meeting, and the Council had suggested that the Edmonds Youth Club facility be combined with the upgrading of the Junior High School athletic fields complex as a single project. Miss Charleson said that - in examining the criteria and the intent of the program she felt the two best programs to submit would be the athletic fields complex/Youth Club facility or the school walkway program. The public hearing was then opened. Councilman Gould said he would like to report that Margaret Johnson of the Shorelines Development Advisory Committee had called him this evening and said the Committee unanimously supported the Brookacres acquisition and requested the Council to select it. Al Kincaid then spoke in support of the Chamber of Commerce's downtown beautification project.. Dave Eggiman, the developer of the proposed Brookacres PRD said the whole estate would be for sale for a park and he would back out as a developer if this were accomplished. He pointed out, how- ever, that he thought the appraisal figures were low. He said maintenance is high, $48,000 being spent per year at present to maintain the estate. He said he was speaking for Mrs. Landberg, the owner, and that he is the owner of the company which has the development rights. Natalie Shippen of 1022 Euclid Avenue gave a presentation in support of acquisition of part of the Brookacres property and the Haines property, pointing out that it would not be feasible to acquire the expensive home on the Brookacres property and that the Haines property has the space to develop for parking in conjunction with arboretum park on the Brookacres property. She pointed out that IAC funds could likely be acquired to augment the HUD funds as the highest priority for IAC funds is acquisition of shorelines; and also that the HUD Block Grant Program was the only federal act which provides for acquisition of property. Also speaking in favor were Same Felton of Talbot Road, Bob Green of 17404 -76th W., Sandy Cannon who resides south of the Haines property, Ann Wermus of 752 Dayton, Ken Marvel of 6526 - 170th Pl. S.W., and Marie King of the Shorelines Development Advisory Committee. Speaking against this proposal was Linda Goodrick, living adjacent to the Brookacres property, who felt there were already too many problems because of the County park in that area and that the maintenance costs would be too high. • Lloyd Quatier of the Edmonds Youth Club said the Youth Club supported the improvements to the.athletic fields. Bill Tippis, Director of the Edmonds Boys' Club felt all the proposals were worthwhile, and although his group was not satisfied with their building, they could live with it. Jane Jones, Director of the Edmonds Senior Center, said the Center appreciates the support the�City:has given it and the Center was requesting only $50,000 in the hopes their project might go through with another. City Engineer Leif Larson said the school walkway program would be for the safety of the schoolchildren and that the program was broken into parcels so it could be accomplished in parts. Norma Bruns of 816 Walnut then expressed her support of the acquisition of the Brookacres property, saying local government is obligated to safeguard the citizens and feeling that federal grant money should be for things over and above what local government is obligated to do. The public hearing was then closed. A lengthy discussion by the Council followed. It was felt that all of the projects were very worthy. Mayor Harrison said he was planning to write a letter to the Policy Board proposing that the HUD Block Grant funds be allocated 50% on a population basis and 50% on a needs basis. There was especially strong support for the athletic fields complex/ Youth Club facility, the school walkway program, and the Brookacres project. It was noted that the Brookacres acquisition could not be accomplished within the confines of the City's own financing and this was probably a last -chance opportunity to acquire it, but the cost of maintenance would have to be addressed. The uncertainity of getting a long-term lease for the athletic fields was the problem with that project. It was noted that the school walkway project might be accomplished with public works funds. Councilman Nordquist said he felt strongly that the athletic fields complex was very important, but at this point he felt the MOTION: Brookacres project had to be of the highest priority. THEREFORE, A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS, THAT THE COUNCIL'S NUMBER ONE PRIORITY PROJECT FOR THE HUD BLOCK GRANT APPLICATION BE THE ACQUISITION OF THE BROOKACRES-HAINES PROPERTIES. A ROLL CALL VOTE WAS TAKEN, WITH COUNCILMEN NORDQUIST, ANDERSON, CARNS, AND HERB VOTING YES, MOTION: AND COUNCILMEN GOULD AND CLEMENT VOTING NO. MOTION CARRIED. A MOTION WAS THEN MADE BY • COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN NORDQUIST, THAT THE COUNCIL'S NUMBER TWO. PRIORITY PROJECT FOR THE HUD BLOCK GRANT APPLICATION BE THE FUNDING OF THE REMODELING AND UPGRADING OF THE JUNIOR HIGH ATHLETIC FIELD COMPLEX IN THE AMOUNT OF $62,000, TO BE MATCHED BY IAC FUNDING FOR COMPLETION; AND IF IAC FUNDING IS NOT AVAILABLE TO ALLOW FOR RESURFACING THE TENNIS COURTS AND RELIGHTING THE FIELD. MOTION CARRIED, WITH COUNCILMAN HERB VOTING.NO. A MOTION: MOTION WAS THEN MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN GOULD, THAT THE COUNCIL'S NUMBER THREE PRIORITY PROJECT FOR THE HUD BLOCK GRANT APPLICATION BE THE SCHOOL.WALKWAY PROGRAM. Discussion revealed feeling that there should be only two projects submitted. A ROLL CALL VOTE WAS TAKEN, WITH COUNCILMEN HERB AND GOULD VOTING YES, AND COUNCILMEN CLEMENT, (Failed) NORDQUIST, ANDERSON, AND CARNS VOTING NO. MOTION FAILED. A MOTION WAS MADE BY COUNCILMAN MOTION: NORDQUIST, SECONDED BY COUNCILMAN CARNS, THAT THE MAYOR INSTRUCT THE STAFF TO PREPARE THE FACTS AND FIGURES FOR THE PROPOSALS INDICATED AND SUBMIT THEM TO THE COUNCIL AT THE JANUARY 11 MEETING. MOTION CARRIED. A Short recess was announced. HEARING ON P.C. RESOLUTION 536, RECOMMENDING APPROVAL OF PROPOSED AMENDMENT TO SEC. 12.16.070 OF ZONING CODE TO PERMIT LANDFILLS AND EXCAVATIONS OF 500 CUBIC YARDS OR MORE WITHOUT CONDITIONAL USE PERMIT WHEN IN CONJUNCTION WITH APPROVED SUBDIVISION OR PLAT. FILE ZO-17-76 (10 p.m) City Planner Joe Wallis said this was a staff -generated request for amendment to the Zoning Code, and that it was an attempt to reduce applications for a matter already regulated. He said that at the present time a Conditional Use Permit is required for cuts or landfills of 500 cu. yds. or more, so applicants are required to get a Conditional Use Permit when there is already a hearing in connection with a subdivision or plat or when there was a building permit submitted. He felt that inasmuch as these are regulated already it would be appropriate to reduce that requirement. A problem does arise though in that when there is an amendment to the Subdivision Code a 30-day notification to the State is required. He said the State had not received notification so that portion of the matter could not be heard this evening, but he recommended that the Conditional Use Table be amended as indicated on written material submitted to the Council. • • January 4, 1977 (Continued) There was some concern expressed in relation to drainage and the problems cuts and fills might create. City Engineer Larson said these problems are addressed in the development of the plats and in .connection with subdivisions. He noted that subdivisions are now being proposed in areas previously bypassed because of drainage or topographic problems and now people are spending the extra money to regrade those areas for development. Mr. Larson said the preliminary review for subdivisions and plats now is almost the same as what would be done for a grading permit. The public portion of the hearing was then opened; no one wished to speak and the public portion was MOTION: closed. INASMUCH AS PART OF THIS PROPOSAL CANNOT BE ACTED UPON BECAUSE OF NOTIFICATION TO THE STATE, A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN ANDERSON, TO CONTINUE P.C. RESOLUTION 536*TO FEBRUARY 22. MOTION CARRIED. HEARING ON P.C. RESOLUTION 537, RECOMMENDING APPROVAL OF PROPOSED AMENDMENT TO SEC. 12.13.040 OF ZONING CODE RELATING TO SETBACKS FOR ACCESSORY BUILDINS AND STRUCTURES. FILE ZO-18-76 (10:19 p.m.) City Planner Joe Wallis said this also was staff generated at the request of the Building Official. The purpose is to prevent potential abuse of single family characteristics of residential neighbor- hoods. He said the portion of the amendment separating accessory structures from any other structure by at least six feet was generated because of a proposed swimming pool cover. He said 35% of the lot is allowed for structures in single family zones and because this is such a large amount they felt there should be a limit to the amount of accessory structures that could go on a lot in addition to the present structure. There was a question in the wording of paragraph 2.B.(4)(b) of the proposed amendment and for clarity it was suggested it should be changed. It was also suggested that 500 sq. ft. was not large enough for a good sized double garage. The public portion of the hearing was then opened, no one wished to speak, and the public portion was closed. MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, THAT IN PARAGRAPH 23.(4)(b), IN THE FIRST LINE, "500 SQUARE FEET" BE CHANGED TO "600 SQUARE FEET," AND, WITH THOSE CHANGES, ORDINANCE 1890 BE ADOPTED IN ACCORDANCE WITH P.C. RESOLUTION 537. MOTION CARRIED, WITH COUNCILMAN HERB VOTING NO. HEARING ON P.C. RESOLUTION 538, RECOMMENDING APPROVAL OF PROPOSED AMENDMENT TO OFFICIAL STREET MAP BY ADDITION OF TURNAROUND TO 173RD ST. S.W. IN VICINITY OF 78TH AVENUE WEST. FILE ST-15-76 (10:28p.m.; City Planner Joe Wallis showed,the location on the Official Street Map and indicated where the proposed turnaround would go. Recent Council action had elimina.ted•.. the possibility of a connection between 173rd and 174th in this area, so a turnaround was logical. The public portion MOTION: of the hearing was opened, no one wished to speak, and the public portion was closed. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, TO ADOPT ORDINANCE 1891 IN ACCORDANCE WITH P.C. RESOLUTION 538. MOTION CARRIED. CONTINUED HEARING ON P.C. RESOLUTION 534 (FROM DEC. 7), RECOMMENDING APPROVAL TO REMOVE 4TH AVE., NORTH OF HOWELL WAY FOR A DISTANCE OF 310.44 FT, FROM OFFICIAL STREET MAP. FILE ST-16-76 (10:30 pain. This hearing had been continued with instructions that the Staff look at alternatives that would keep the physical appearance of this area the same. Mr. Wallis reported the recommendation was to remove 4th Avenue from the Official Street Map at this location, but to retain a public walkway/bikepath. He said the walkway would be designated on the west side of the right-of-way. The public hearing was opened. Al Kincaid expressed the opinion that the possibility of 4th'Avenue going through at this point at some future time should not be eliminated. The public hearing was then closed. Discussion followed regarding possible future development of this area and the need for access. Councilman Anderson said he could see no conflict now, but because of possible future needs he MOTION: felt this portion of 4th Avenue should not be removed from the Official Street Map. A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CARNS, THAT THE PROPOSED ORDINANCE•RELATIVE TO P.C. RESOLUTION 534 BE DENIED. Further discussion was centered on the problem of the developers of the housing for the elderly in adjusting their lot lines and requirement of dedicating the right-of-way. MOTION THEN CARRIED, WITH COUNCILMAN CLEMENT VOTING NO.• Mr. Wallis then said • that the building permit for the elderly housing development had been issued prior to this being finalized because the approvals had been made through HUD and he thought it appropriate to get the project started. A lot line adjustment of 4 feet had been needed by the developers to assure there was adequate area to the north to develop an additional complex at a future date. He asked if he was to ask them for dedication of the right-of-way as a condition of occupancy. Discussion of this followed, and City Attorney John Wallace said this should have been a short subdivision and not a lot line adjustment, the lot line adjustment requiring dedication. He said that if that road were already dedicated and they wanted to move the line 4 feet, they could have the lot line adjustment, but because the roadway is not already dedicated and is on the Official Street Map, they cannot, and they will have to go through a short subdivison which will require dedication of that right-of-way. He noted that under the short subdivision process the full improvements do not have to be required. It was suggested that the Staff resolve this situation. REPORT FROM MAYOR ON DIRECTOR OF PUBLIC WORKS POSITION MOTION: Mayor Harrison requested this item be postponed to January 11. A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN ANDERSON, TO POSTPONE TO JANUARY 11, 1977, THE REPORT FROM THE MAYOR ON THE DIRECTOR OF PUBLIC WORKS POSITION. MOTION CARRIED. There was no further business to come before the Council, and the meeting was adjourned at 11:00 p.m. IRENE VARNEY MORAN, C ty Clerk H. H.,HARRISON, Mayor