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19770503 City Council Minutes• April 26, 1977 (Cont.) MOTION: 1 1 A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN ANDERSON, TO ADOPT ORDINANCE 1916, ESTABLISHING THE SPEED LIMIT FOR THE UNION OIL BEACH ACCESS ROAD AT 15 MPH. MOTION CARRIED. There was no further business to come before the Council, and the meeting adjourned to Executive Session at 11:25 p.m. Ji4t2��_ Am__It� IRENE VARNEY MORAN, C' y Clerk May 3, 1977 H. H. HARRISON, May -yore' The regular meeting of the Edmonds City Council was called to order at 7:35 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT STAFF PRESENT Harve Harrison, Mayor • Ray Gould Phil Clement Max Gellert John Nordquist Robert Anderson Tom Carns Mike Herb CONSENT AGENDA (7:36 p.m.) J. Herb Gilbo, M.A.A. Leif Larson, Public Works Director Joe Wallis, Community Development Director Marlo Foster, Police Chief Irene Varney Moran, City Clerk. Lila Crosby, Finance Director Jim Murphy, City Attorney Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The Consent Agenda contained the following: (A) Roll call. (B) Approval of Minutes of April 26, 1977. (C) Authorization for Mayor to sign Puget Sound Council of Governments Interlocal Agreement. (D) Adoption of Ordinance 1917, Traffic Channelization and Parking - 212th from Five Corners to Highway 99. (E) Acknowledgment of receipt of Claim for Damages from Danna McClelland in the amount of $101.68. COUNCIL (7:37 p.m.) Councilman Gellert inquired.as to when the Drainage Ordinance will be on the agenda again. Public Works Director Leif Larson said he would check with the City Attorney's Office, but he thought it would be on the May 17 agenda. Acouncilman Gellert noted that only agenda material is sent to the Councilmen in the Friday packets. He said he would prefer that everything that is available be mailed. MAYOR (7:40 p.m.) Mayor Harrison.announced the selection of the Parking Commission. It will consist of: Ann McGee, Shopper; Phil Clement, Councilman; Dave Larson, Property Owner; Gloria Burnette, Shop Owner (Fog Cutter); and Elmer Harris, Realtor. Ann McGee, Gloria Burnette, and Elmer Harris will be invited for interview just prior to next week's Council meeting. It was agreed that the Council was well enough acquainted with Dave Larson not to require an interview. AUDIENCE (7:42 p.m.) Allen Hendricks of 300 Harbor Building, attorney for the Citizens Concerned for.their Community, reported that they had settled their differences with the School District and -the Puget Sound College of the Bible. He said that with regard to the Edmonds Junior High School site the Bible College had agreed that in the event they should sell it to some third party they will give the City 60 days right of first refusal. They also will place in writing, as they had previously offered to do, a use provision indicating they will allow uses by the community that will not interfere with their program. The School Board had also indicated the City would be given a 60-day right of first refusal in the event there is a sale of the Edmonds Elementary School. HEARING ON APPEAL FROM P.C. RESOLUTION 547, RECOMMENDING DENIAL OF PROPOSED AMENDMENT TO OFFICIAL ZONING MAP TO REZONE FROM RS-8 TO RM CERTAIN PROPERTY DESCRIBED IN P.C. FILE R-1-77. APPEAL FROM GUST S. DOCES, ATTORNEY FOR DOCES ENTERPRISES, INC. (7:45 p.m.) Councilman Carns asked to be excused from this hearing as he owns a furniture store in the City of Lynnwood which might indicate he is a competitor of Mr. Doces, and the City Attorney had recommended ~ 74 he not take part in the hearing. 'Councilman Carns left the rostrum, but remained in the Council Chambers. City Attorney Jim Murphy then reviewed the history of this appeal. At the present time the whole matter is in unresolved litigation and the purpose of this hearing was to make an effort at a compromise in order to end the litigation.' It was noted that both parties had agreed that noth- ing done at this hearing would prejudice the court case. Mr. Murphy said if this hearing did not result in an acceptable compromise, the matter would be left to the court, and there had already . been issued a memorandum that the judge would strike the RS-8 zoning last put on the property. The question remaining was what zoning the property would have when the RS-8 was stricken. It was Mr. Murphy's opinion that the court could strike the RS-8 zoning, but could not rezone it as that was a legislative matter., Attorney Gust S. Doces disagreed with that opinion. Community Development Director Joe Wallis.displayed'a.zoning map of the area indicating Multiple zoning to the north and south of the Doces property and RS-8 directly to the east. To the west is the Doces Furniture Store and warehouse, bounded on the west by Highway 99. The Planning Department recommendation had,: been to zone this property RD, as a transition zone between the commercial and residential zones, with the stipulation that through traffic not be allowed in the development and that access be . distributed equally between 240th and 242nd. Mr. Wallis said they had reviewed the environmental assessment and were issuing an affirmative declaration until further information can be provided that there will not be an adverse environmental impact. He said a full impact statement may not be required, but additional information is required before a negative declaration can be issued. The public portion of the hearing was then opened. Barbara Anderson of 23907 80th Place West submitted a petition with 200 signatures in opposition to the rezone back to multiple. She had previously submitted the same petition to the Planning Commission. She read aloud the petition. Richard Stockstad of 8027 242nd S.W. read a statement of the Ballinger area residents in support of the SF zoning, citing traffic problems and portion of the Policy Plan regarding streets. He pointed out that the petition submitted was signed by 98% of the people living directly east of Doces and felt that the majority of the people should be taken into consideration. Lois Higgins of 24017 97th Place West, read exerpts from a 1971 letter is Mayor Harrison stating the City intended to remain a small, low density community and would resist all pressures to increase the population density and industrial development. Karen Butler of 8005 242nd said Mr. Doces had already broken a contract as the warehouse was not to have been used for sales and immediately after completion of the warehouse he had held warehouse sales there. She also complained about the. litter on the Doces property and the fact that the Doces trucks were using the residential streets when Mr. Doces had said they would use Highway 99. She said Mr. Doces also had refused to sign a petition for street improvements and then said no one had every presented it to him. Paul Panagakis said he was the consulting engineer for Mr. Doces and he displayed some drawings to illustrate the various proposals which had been made. He said the original plan was for 100 units, but that was reduced by the contract rezone to 86 units, and then after consulting with Mr. Wallis and Mr. Wallis having suggested a townhouse concept, three different plans had been. drawn, each for 60 units, and two of those plans were on display this evening. He explained the two plans and compared them for open space, paving, building locations, etc. Mat Renaldi of 23910 80th Place West asked what would be done about drainage and traffic. Mr. Panagakis responded that all code requirements would be followed. He explained how drainage had been accomplished for the furniture store and commented that -it is drained well. Lenore Doyle of 23900 88th Place West disagreed and said the drains around the furniture store do not drain. well. Mr. Panagakis noted this and said he would investigate it. Regarding drainage to Lake Ballinger, Public Works Director Leif Larson agreed that this area would drain to Lake Ballinger and he said they have no quality controls on the lake. He said the problems would be similar whether single family or multiple, but would be more intense if multiple. Bob Anderson of 23907 80th Place West, commented that on the southweast side of 238th, which was indicated as RML, there are five new houses with starting prices of $53,000. In answer to a question about the height of the proposed buildings, Mr. Panagakis responded that some would be two stories and some would be three. The third plan which was not on display, was for two stories only, but it covered more land. Mr. Panagakis then suggested RML zoning with a limit of 60 units. This was discussed. Councilman Herb then asked for a show of hands of people in the audience present for this hearing. The seating in the Chambers was full and most people indicated they were present for this hearing. They were asked how many were in favor of the townhouse concept. No hands were raised. Jim Chapman of 23321 75th West, then suggested condo- miniums be constructed so the tenants would be permanent instead of transient. Mr. Panagakis responded that they had tried to present what had been suggested so far, and condominiums were a reasonable suggestion. Since it did not appear that a compromise was going to be reached, Mr. Doces suggested a committee be appointed of two or three neighbors to meet with Mr. Wallis and Mr. Panagakis and try to work out something. Councilman Gould felt that would be putting a few of the neighbors in a difficult position and he said that was the responsibility of the Council. The audience responded in agreement. There followed more discussion on possible alternatives, and the public hearing was then closed. MOTION: After further guidelines from City Attorney Jim Murphy as to what the Council could do, A MOTION (failed) WAS MADE BY COUNCILMAN HERB THAT THE COUNCIL ACCEPT THE DOCES PLAN #1, SUBJECT TO PREPARATION OF A SITE PLAN AND WRITTEN CONTRACT SO AS TO HAVE MORE DETAILS OF THE PROPOSAL. MOTION FAILED FOR LACK MOTION: OF A SECOND. A MOTION WAS THEN MADE BY COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN GOULD, THAT THE COUNCIL AFFIRM P.C. RESOLUTION 547 IN TERMS OF DENYING THE REQUEST FOR MULTIPLE RESIDENCE ZONING, BUT TO ACTUALLY REZONE THE WESTERLY 201' X 634' SECTION OF.THE PROPERTY TO RD, WITH THE LEG AT THE EAST SECTION (BEING APPROXIMATELY 80' X 180') BEING ZONED RS-8: WITH A SITE PLAN TO BE PRESENTED TO THE COUNCIL, AND WITH THE OPPORTUNITY FOR MR. DOCES TO WITHDRAW HIS APPEAL PRIOR TO A VOTE OF THE COUNCIL. After further discussion, COUNCILMAN CLEMENT AMENDED HIS MOTION TO REQUIRE THAT THERE BE A 60' PERIPHERAL BUFFER ON THE EAST SIDE OF THE RD PROPERTY AND THAT ALL OTHER CONSTRAINTS OF THE RD ZONE AND ENGINEERING REQUIREMENTS FOR DRAINAGE RETENTION BE MET, AND ASSUMING A NEGATIVE ENVIRONMENTAL IMPACT STATEMENT CAN BE OBTAINED. After some further discussion, COUNCILMAN CLEMENT MOTION: WITHDREW HIS MOTION AND AMENDMENT. A MOTION WAS THEN MADE BY COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN GOULD, THAT THE SENSE OF THE COUNCIL IS TO UPHOLD P.C. RESOLUTION 547, WITH THE EXPRESS INTENT OF BEING WILLING TO ACCEPT A CONTRACT REZONE TO RD FOR THE 201' X 634' WESTERLY RECTANGLE OF THE PROPERTY, AND FOR RS-8 FOR THE REMAINING 80' X 180' EASTERLY LEG OF THE PROPERTY, AND THAT A SITE PLAN IS TO BE PRESENTED TO THE COUNCIL BY AUGUST 23, 1977. A ROLL CALL VOTE'WAS TAKEN, WITH COUNCILMEN CLEMENT, GOULD, AND HERB VOTING YES, AND COUNCILMEN GELLERT, NORDQUIST AND ANDERSON VOTING NO, RESULTING IN A TIE VOTE. MAYOR HARRISON VOTED YES TO BREAK THE TIE VOTE, AND THE MOTION CARRIED. A short recess was announced. During the recess, Councilman Nordquist departed (10:40pm) and following the recess, Councilman Carns returned to the rostrum. • May 3, 1977 (Continued) APPROVAL PRELIMINARY PLAT - "BROCKMAN PARK" (10:50 p.m.) MOTION: Community Development Director Joe Wallis said this -was an application for a 5-lot subdivision. It was recommended for approval by the Planning Commission subject to a resolution.of a property line confusion. An agreement had been drafted by the City and the property owners involved had all. signed the agreement: Mr. Wallis showed'.:the.location on the Comprehensive Plan and the Zoning Map and he s}iowed the site plan of. the subdivision and slides of the site. He said the site is flat, with no water courses or significant bodies of water on the property. There is an environmental impact assessment on file indicating no significant adverse impact. Tree cutting restrictions will be imposed. The Community Development Director and the Public Works Director recommended approval of the"preliminary plat of ".'Brockman Park". Discussion was opened to the public. Harlan Bell of 7023"f74th said this was going to 'be a nice development and he'looked forwa'd`to`it, but he took exception to the environmental assessment because of the impact of traffic. He said a traff1c technician was supposed to investigate the traffic at the intersection of 71st and 174th, but he did not know what had been -accomplished toward that end. Public Works Director Leif Larson responed that this matter had been studied and that a three-way stop is going to be installed at that intersection. Mr. Bell was very satisfied with that solution and he withdrew his objection. Public discussion was then closed. A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CARNS, THAT THE PRELIMINARY PLAT OF "BROCKMAN PARK" BE APPROVED, SUBJECT TO ALL ENGINEERING REQUIREMENTS. MOTION CARRIED. REVIEW OF WATERFRONT WALKWAY PROPOSAL (11:02 p.m.) Jim Reid of Reid, Middleton & Associates, who was to give this presentation, suggested it be continued MOTION: because of the lateness of the hour. A MOTION WAS MADE BY COUNCILMAN.CARNS, SECONDED BY COUNCILMAN GELLERT, TO PLACE THE WATERFRONT WALKWAY PROPOSAL AS THE FIRST ITEM ON THE AGENDA OF THE MAY 10 WORK MEETING. MOTION CARRIED. Bob Gustafson of 8602 Olympic View Drive commented that there is no public input at work meetings and he thought there should be.on this topic. A MOTION WAS MADE BY COUNCILMAN • GELLERT, SECONDED BY COUNCILMAN ANDERSON, TO AMEND THE PREVIOUS MOTION TO ALLOW PUBLIC INPUT, NOT TO (Amendment) EXCEED 20 MINUTES. THE AMENDMENT TO THE MOTION CARRIED, AND THE MAIN MOTION AS AMENDED WAS VOTED ON AGAIN AND CARRIED. REPORT ON BIDS OPENED APRIL 21 FOR WATER METERS (11:04 p.m.) Public Works Director Leif Larson reported that four bids had been received but only three had met the specifications. He submitted a report with the summarized bids. He recommended award to the low bidder, Pacific Water Works Supply Company, Inc., in the amount of $28,179.37, including sales tax. MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMANANDERSON, TO ACCEPT THE BID FOR WATER METERS FROM PACIFIC WATER WORKS SUPPLY COMPANY, INC., IN THE AMOUNT OF $28,179.37, INCLUDING WASHINGTON SALES TAX. MOTION CARRIED. PROPOSED ORDINANCE REGULATING MOTOR VEHICLE WRECKERS (11:05 p.m.) Police Chief Marlo Foster said this proposed ordinance merely adopts State laws at the local level so offenders may be handled in our own courts. State laws make the offenses gross misdemeanors which MOTION: require that the cases be filed in District Courts. A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN CARNS, TO ADOPT ORDINANCE 1918, REGULATING THE OPERATION OF MOTOR VEHICLE WRECKERS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. MOTION CARRIED. There was no further business to come before the Council, and the meeting adjourned at 11:10 p.m. • IRENE VARNEY MORAN, ity Clerk May 10, 1977 (Work Meeting) The regular meeting of the,,Edmonds City Council was called to order at 7:35 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT STAFF PRESENT Harve Harrison, Ray Gould Phil Clement Max Gellert John Nordquist Robert Anderson Tom Carns Mike Herb Mayor J. Herb Gilbo, M.A.A. Leif Larson, Public Works Director Joe Wallis, Community Development Director Irene Varney Moran, City Clerk Rod Garretson, Park Planning & Recreation Director Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk 0