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19780606 City Council Minutes• May 30, 1978 - continued E 233 1 11 Amendment' DELIBERATIONS AND RECOMMENDATIONS BY THE END OF CALENDAR YEAR 1978. COUNCILMAN CARNS MOVED TO AMEND THE MOTION, SECONDED BY COUNCILMAN GOULD, THAT THE PLANNING COMMISSION'S RECOMMENDATIONS BE READY PRIOR TO, AND THAT A HEARING DATE BE SET FOR OCTOBER 17, 1978. THE MOTION TO AMEND CARRIED.. THE MAIN MOTION, AS AMENDED, THEN CARRIED. Councilman Naughten commended the Density Review Committee MOTION: on a fine piece of work. COUNCILMAN CARNS THEN MOVED, SECONDED BY COUNCILMAN GOULD, THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT A RESOLUTION AND THAT A PUBLIC HEARING BE SET FOR JUNE-20, 1978, ON THE QUESTION OF.WHETHER THERE SHOULD BE A BUILDING MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR RML AND RMH CONSTRUCTION IN THE CITY OF EDMONDS THROUGH OCTOBER 1978. A ROLL CALL VOTE WAS TAKEN ON THE MOTION, WITH ALL COUNCIL MEMBERS VOTING YES EXCEPT COUNCILMAN HERB WHO VOTED NO. MOTION CARRIED. There was no further busines to come before the Council and the meeting adjourned to Executive Session at 10:50 p.m. IRENE VARNEY MORAN, Y CLERK June 6, 1978 c HARVE H. HARRISON, MAYOR 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 Harve Harrison, Mayor Mike Herb Phil Clement Katherine Allen John Nordquist Ray Gould Tom Carns Larry Naughten CONSENT AGENDA STAFF PRESENT Charles Dibble, M.A.A. Leif Larson, Public Works Director John LaTourelle, Community Development Director Irene Varney Moran, City Clerk Lila Crosby, Administrative Services Director Art Housler, Finance Director Jack Cooper, Fire Chief John Wallace, City Attorney Jackie Parrett, Deputy City Clerk Councilman Nordquist asked that Items (D) and (E) be removed from the Consent Agenda, and Councilman MOTION:. Gould asked that Item (C) be removed. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN,:TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED, WITH COUNCILMAN CLEMENT ABSTAINING AS HE ARRIVED AS THE VOTE WAS BEING TAKEN. The balance -,of the Consent Agenda contained the following: (A) Roll call. (B) Approval of Minutes of May 30, 1978. (F) Report on bids opened May 30 for Pavement Marking Demonstration Grant Project. (G) Report on bids opened June 1 for sale of 9th and Main St. Tank Site. (H) Authorization to set bid opening date of June 20 for LID 203, Sanitary Sewers - Cherry Hill area (vicinity 180th & 72nd). AUTHORIZATION FOR MAYOR TO EXECUTE AGREEMENT FOR WATER SUPPLY FROM ALDERWOOD WATER DISTRICT [Item (C) on Consent Agenda] Councilman Gould inquired about the depreciation rates for the various water main pipes, which was explained by Public Works Director Leif Larson. Councilman Gould also inquired about the eight "Master Meters" mentioned on page 6 of the agreement. Mr. Larson explained that it was one 8" "Master MOTION: Meter," the inch designation having been omitted in the text. COUNCILMAN GOULD THEN MOVED, SECONDED BY COUNCILMAN CARNS, TO APPROVE ITEM (C) ON THE.CONSENT AGENDA. MOTION CARRIED. REPORT ON BIDS OPENED MAY 16 FOR PURCHASE OF COMPRESSOR Item (D) on Consent Agenda] Councilman packet but Nordquist noted that a it had been blank, and copy of the complete bid document had been included he suggested it would have been interesting to see in the the Council bid, itself. Councilman Gould asked Mr. Larson if he.was sure he wanted a rotary type compressor. Mr. Larson re- sponded that after analyzing the bid differential he decided that for the difference the rotary would MOTION: be better. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN CARNS, TO APPROVE ITEM (D) ON THE CONSENT AGENDA. MOTION CARRIED. REPORT ON BIDS OPENED MAY 23 FOR PHASE IV, SCHEDULE F, WATER MAIN IMPROVEMENTS Item (E) on Consent Agenda] Councilman Nordquist noted that in this report the Public Works Director was recommending a reduction in the scope of the bid, and he asked whether Buno Construction Company was aware of this. Mr. Larson 234 June 6, 1978 - continued • responded that the report will be completed June 15 and the hearings will be held in the middle of July. Councilman Gould.referred to a case report regarding the location of mobile homes and inquired whether the Edmonds City Code had any conflict in it that would necessitate a look at the language. City Attorney John Wallace responded that at the time the Code is revised the excess verbage will be removed. He said the question is still unresolved as to whether City ordinances on this would stand. Councilman Gould also inquired whether mobile homes are permitted in the RS zones and Mr. Wallace.stated that they are not. Councilman Carns said he would like the Mayor's office to send a letter to Liberty TV Cable thank ing them for advertising the City Council meetings. He suggested, however, that they might update their material as this evening theywere showing the agenda for May 16. Councilwoman Allen advised that she would be late for the meeting of June 20 because of commencement that night. Councilman Nordquist advised that .he, also, would be late that evening. After some discussion regarding that evening's agenda and the number of Council members who would be present, MOTION: two motions were made. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO RESCHEDULE THE HEARING ON,THE,QUESTION OF A,POSS,IBLE MORATORIUM ON MULTIPLE DWELLINGS TO,JUNE 27, 1978, RATHER THAN JUNE 20, 1978. MOTION CARRIED. COUNCILMAN CARNS THEN MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT THE JUNE 20, 1978 MEETING BE SCHEDULED FOR 8:30 P.M., RATHER THAN 7:30 P.M. MOTION CARRIED. MAYOR Mayor Harrison advised that a letter had been received from the School District Superintendent regarding the Edmonds Elementary School, and that there would be an Executive Session following this meeting in that regard. Mayor Harrison offered congratulations to Councilwoman Katherine Allen for having received the • Outstanding Service Award from the Edmonds PTSA Council. Mayor Harrison advised that Ed Robinson had resigned from the Board of Adjustment and that he would like to appoint Captain John H. Byrd to replace Mr. Robinson. Captain Byrd has been a legal officer with the Coast Guard. He will be available for interview prior to next week's Council meeting, at 7:15 p.m., in the Mayor's office. Mayor Harrison also asked for confirmation of two appointments MOTION: to the Shoreline Management Advisory Committee. COUNCILMAN HERB MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO CONFIRM THE APPOINTMENT OF RACHEL BELL TO POSITION 1 ON THE SHORELINE MANAGEMENT ADVISORY COMMITTEE, TERM TO EXPIRE JUNE 2, 1979. MOTION CARRIED. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN CARNS, TO CONFIRM THE REAPPOINTMEINT OF BOB PANTLEY TO POSITION 6 ON THE SHORELINE MANAGEMENT ADVISORY COMMITTEE, TERM TO EXPIRE JUNE 2, 1981. MOTION CARRIED. Mayor Harrison advised that because of a recent Supreme Court ruling regarding a conflict of interest on the part of a public official involved in a Chamber of Commerce, Councilman Carns had felt it necessary that he resign from his position on the Board of Directors of the South County Chamber. He had been a member representing his own business. Inasmuch as the City of Edmonds is also a member of the South County Chamber, Mayor Harrison said that if there were no objection he would like to appoint Councilman Carns to represent the City at the South County Chamber of Commerce, and also at the Edmonds Chamber of Commerce. Councilman Clement said he would object, not because of the appointment of Councilman Carns, but because he still felt strongly that the City of Edmonds should not be a member of the Chamber of Commerce. HEARING ON PETITION FOR ANNEXATION OF AREA SOUTH OF 220TH AND EAST OF HIGHWAY 99 Public Works Director Leif Larson reported that the Boundary Review Board had concluded that the area proposed for annexation could best be served by the City of Edmonds. He noted that there was no one in the audience present for this hearing so it did not appear necessary to review previous actions taken. The public portion of the hearing was then opened, no one wished to speak, MOTION: and the public portion was closed. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN CARNS, THAT ORDINANCE 1998 BE ADOPTED, ANNEXING THE SUBJECT REAL PROPERTY TO THE CITY OF EDMONDS. MOTION CARRIED. HEARING ON P.C. RESOLUTION 575, RECOMMENDING APPROVAL OF PROPOSED AMENDMENT TO ZONING MAP TO ESTABLISH CG ZONING AT SOUTHEAST CORNER OF 220TH AND EAST OF HIGHWAY 99 (File AZ-4-77) ,Community.Development Director John LaTourelle said this proposal would pick up the zoning which the County had on this property. The public portion of the hearing was opened, no one wished to MOTION: speak, and the public portion was closed. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN, TO ADOPT ORDINANCE 1999 PURSUANT TO P.C. RESOLUTION 575, HAVING DETERMINED THAT: (1) THE PROPOSED ZONING CHANGE CONFORMS WITH THE INTENT OF THE COMPREHENSIVE PLAN; (2) THE PROPOSED ZONING IS CON- SISTENT WITH THE EXISTING SNOHOMISH COUNTY ZONING; (3) THE PROPOSED ZONING IS CONSISTENT WITH THE PRESENT USES OF THE PROPERTY; (4) THE PROPOSED ZONING IS CONSISTENT WITH THE EXISTING LAND USES AND ZONING OF SURROUNDING AND NEARBY PROPERTIES: (5) THE PROPOSED ZONING WILL NOT BE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY, MORALS OR WELFARE; AND (6) THERE ARE NO SIGNIFICANT ADVERSE ENVIRON- MENTAL IMPACTS TO THE SURROUNDING PROPERTIES EITHER WITHIN OR WITHOUT THE JURISDICTION OF THE CITY OF EDMONDS WHICH WILL BE DIRECTLY AFFECTED BY THE PROPOSED USE OF THE PROPERTY. MOTION CARRIED. HEARING ON VACATION OF PORTION OF TURNAROUND ON 82ND AVE. W., SOUTH OF 200TH S.W. (File ST-2-78) Public Works Director Leif Larson explained that this action had been initiated at the request of abutting property owners. The original plat recorded in Snohomish County prior to annexation to Edmonds deeded to the County a square shaped turnaround. Subsequent to the annexation to the City, the developer of unplatted property at the end of the cul-de-sac deeded an additional amount of right-of-way for providing the City standard circular cul-de-sac, and there now remained an excess of right-of-way from the old square turnaround. Mr. Larson recommended that the Council vacate the excess right-of-way, not requiring the abutting property owners to pay for it, and not A C 23t June 6, 1978 - continued 1 E • 1 MOTION: MOTION: MOTION: MOTION: retaining a utility easement. The public portion of the hearing was opened. C. S. Elston of 20032 82nd Ave. W. said all the homes around the cul-de-sac.have been built and sold. The public portion of the hearing was then closed. Councilman Gould inquired about the recommendation not to charge the abutting property owners for administration fees and Mr. Larson responded that this property was determined to be of no value to the City and the residents - had been maintaining it all along, so he recommended it go back to them. He did not believe an appraisal would be -worth the costs. City Attorney -John Wallace advised the Council that it must make three basic decisions: (1) Whether or not to vacate the right-of-way, (2) Whether.or not to retain a utility easement; and (3) Whether or not to condition the vacation upon repayment of up to one-half of the value of the property. COUNCILMAN CLEMENT THEN MOVED, SECONDED BY COUNCILMAN CARNS, TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE VACATING THE SUBJECT PROPERTY AT NO COST TO THE ABUTTING PROPERTY OWNERS, AND THAT THE COUNCIL FINDS AN EASEMENT FOR FUTURE UTILITIES IS NOT NEEDED. MOTION CARRIED: HEARING ON VACATION OF PORTION OF 174TH S.W., VICINITY OF 71ST. AVE. W. (File ST-3-78) Public Works Director Leif Larson explained that this matter stemmed from the situation that a street pavement is located a considerable distance out of the platted right-of-way. The road had been constructed in=a logical position at the edge of a steep embankment,,"rather than in the platted right - of -Way which is -"well down •the hillside. Houses had been cons-tructed in- the platted' right-of-way, probably because it was assumed that the property line was near the pavement. By the process of subdivision approval and dedication the City had acquired deeds to the proposed right-of-way from approximately 69th -PT. .14:_ to 71st Ave::. W.. This proposal !was to .vacate,the old_.platted..rfght=of.=way adjoining the portion of the new right-of-way that had been deeded to the City. The section proposed to be vacated also contained an existing single-family home. City Attorney John Wallace noted that it is the general rule that vacated property goes back to the property from which it was dedicated. He said he had spoken with one of the property owners and there were questions with regard to private ownership. He said any of the property owners affected should consult with their own legal advisers as to what their rights are. He said there is some private property located between the two rights- of-way.which has created some problems. He said the City will not decide to whom the ownership of the right-of-way goes, and that was to be,resolved between the property owners involved. The public portion of the hearing was opened. Harlan Bell of 7023 174th said that.although the City Attorney had said this was a private matter, it had evolved in conjunction with dealings with the City. As a result of the various changes, Mr. Bell said his property would.be landlocked if this vacation were approved and, further, hi.s home is right in the middle of the old right-of-way and if that were vacated half of the property could go to his adjoining neighbor. He said he would like to see action on this deferred until his situation could be resolved. The public portion of the hearing was then closed. Councilman Carns suggested Mr. Larson and Mr. Bell.get together with the neighbor to work this out, but Mr. Bell felt he would be at a disadvantage because of another situation which had occurred in the neighborhood with this neighbor -and he briefly explained that. Councilman Herb suggested continuing this for 30 days to give the property owners.an opportunity to resolve the problem. Councilman Clement did not believe the City Attorney or the Staff should be invoved. COUNCILMAN CARNS THEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO CONTINUE THIS HEARING TO AUGUST 15, 1978, THEREBY GIVING THE PROPERTY OWNERS TIME -TO RESOLVE THE PROPERTY MATTERS AND, IF REQUESTED, THE CITY MIGHT GIVE SOME HELP TO THE PROPERTY OWNERS FOR POSSIBLE RESOLUTION OF THE MATTER. Mayor Harrison advised Mr. Bell that he thought there was a good possibility that the platter would give Mr. Bel l a quitclaim deed to that property. THE MOTION CARRIED. HEARING ON.VACATION OF EXCESS RIGHT-OF-WAY ON 196TH, ADJACENT TO LOT 5, PLAT OF CASSELL'S ADDITION Councilman Herb asked to be excused from this hearing as Dr. Cassell is his landlord: He stepped down from the rostrum. Mr. Larson stated that in 1977 the City had amended the Official Street Map to reduce the proposed right-of-way at this location from 90' to 60'. Cassell's Addition was approved at the same time (located between 77th Pl. W. and 80th Ave. W.) Inasmuch as the Official Street Map had not been amended at the time the plat was being finalized, the developer was required to dedicate an additional 15' along 196th St., and he was now requesting that it be vacated as the City has indicated through.the Official Street Map that it no longer is required. Mr. Larson recommended that the right-of-way be vacated, not retaining a utility easement and not requiring payment for the property. The public portion of the hearing was opened. Virgil Graese of 7125 197th S.W., Lynnwood, said he had purchased the property at the time it was platted. He said the street right- of-way was discussed at that time and it was dedicated to the City with the thought that there was no need for the property by the City. He said the other properties along the road did not make such dedications. The public portion of the hearing was closed. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN GOULD, THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT AN ORDINANCE VACATING THE EXCESS RIGHT-OF-WAY ON 196TH AS DESCRIBED AT NO COST TO THE ABUTTING PROPERTY OWNER AND NOT REQUIRING. RETENTION OF A UTILITY EASEMENT. MOTION CARRIED. Councilman Herb returned to the rostrum. CONSIDERATION OF AMENDING SECTION 20.10.030, PARAGRAPH 1, OF SIGN ORDINANCE At the time the Sign Ordinance was passed Mayor Harrison had said he would sign it if on line 8 of the subject paragraph the word "reduce" were changed to "modify" and if on line 9 the word "below" were changed to "from," so that the sentence would read ". . the ADB may modify the allowable signage, sign area, and/or sign height from the maximums otherwise permitted." He felt a lot of opposition to this ordinance would be eliminated with this change. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT THE CITY ATTORNEY BE INSTRUCTED TO,PREPARE AN AMENDMENT TO ORDINANCE 1994, CHANGING SECTION 20.10.030, PARAGRAPH 1, TO REPLACE THE WORD "REDUCE" WITH THE WORD "MODIFY" IN LINE 8, AND TO REPLACE THE WORD "BELOW" WITH THE WORD "FROM" IN LINE 9. MOTION;CARRIED. There was no further business to come before the Council, and the meeting adjourned to Executive Session at 8:40 p.m. IRENE VARNEY MORAN, OTY CLERK :eye4i�� A HARVE H. HARRISON, MAYOR