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19701215 City Council MinutesDecember 159 1970 131 The regular meeting of the Edmonds City Council was called to order by Mayor Pro -ten Don Tuson as Mayor Harrison was attending a Boy Scout Meeting. All councilmen were present. APPROVAL OF MINUTES The minutes of the last meeting had been mailed and posted, and with no omissions nor corrections, they were approved as written. HEARING: ON APPEAL FROM PLANNING COMMISSION RESOLUTION 341, CP-3-70, RECOMMENDING DENIAL OF AMENDMENT TO COMPREHENSIVE LAND USE PLAN TO REMOVE "PARK" DESIGNATION FROM THE VALLEY BETWEEN YOST AND PINE RIDGE PARK SITES. City Planner Merlin Logan explained the findings of the Planning Commission. They found that the designation of Park does not put a burden on the property owners. They are free to plat, subdivide, build and do not have to provide a trail. The Planning Commission retained the designation of Park for a future date if the City had the money and would desire to obtain this property as park. It is ideally situated as it links Pine Ridge Park and Yost Park. The City of Edmonds now has approximately 4% Park Land, much of it undeveloped and this is a very small percent for our population. Councilman Kincaid stated that he :thought the City should be more realistic and not use such a broad -brush as shown on the Comprehensive Plan. Planner Logan said this was an ideal for future development and does not have to be adhered to. Councilman Slye said he believed the City has a responsibility to the • owners as there was no traffic or problems before the sewer lines were put in. Don Burton, Park Foreman stated that there is a gate at each end of the valley, but that it does not stop traffic, they just go around it. The only way to stop it is to fence the entire valley and it does not belong to the Cftty. The hearing was opened to the audience at this time. Dave Larson, 21100 86th Pl.-W. said they bought their home because of the beautiful green belt. He said because of the sewer line down the valley and the high assessments that it was no longer realistic that this land would not be developed. He said many of the homes along this area are now for sale because of the high assessments. He stated that he had given the city a 14' easement for the sewer line but it was approximately a 60' swath that had been cut. He said this swath had not been graded or put back in the condition it was in originally. He said the Planning Commission was going to con- sider a street plan for the valley and that the Park designation was no longer realistic and should be removed from the Comprehensive Plan. He said if the des- ignation was removed then the neighbors would get together and fence it. He thinks the City views this as public property. Bill Phillips, Chairman of: the Park Advisory Board spoke. He said the park sur-, vey was made many years ago and :"that quite a lot of it was now park property. He said that much waterfront property has already been obtained. Negotiations have been going on for several years between the U. of Washington, County and Edmonds on the acquisition of the University property and that this area is 120 acreas. He asked not to have the Park designation removed as some time in the future it could be obtained by the City.: Dave Larson said the City had not maintained the fences after construction. Engineer Larson said this had not -been covered in the contract with the construction company, but that something could probably be worked out. Ron Whaley, Asst. Director of Public Works said if the fences were replaced accessibility for machinery to maintain the lines would be impos- • sible. He stated that it would require a gate at every fence. He said much damage .had been done in the area by someone and the catch basins had to be cleaned quite often. Councilman Tuson said it costs the taxpayers money to repair damage and something should be done. Hearing was closed. Mayor Harrison arrived at this time. 8:45 P.M. It was moved by Councilman Haines, seconded by Councilman Nelson that the recommendation for denial of Planning Commission to remove the "Park" des- ignation from the valley between Yost and Pine Ridge Park sites be upheld. Roll call vote had Councilman Sanboon, Nelson, Nordquist and Haines voting yes, and Tuson, Slye, Kincaid voting no. Motion carried. Councilman Haines said that policing of this area should be enforced. Council- man Tuson said all they can do is answer calls, they cannot patrol. Dave Larson asked that the City regrade and replant. Councilman Nelson said he supported Councilman Haines motion for the following reasons: 1. the comprehensive plan does not provide a hex, actually anticipates a "built in" potential buyer, the city; 2. not a violation of personal property rights to use property as now allowed via the zoning map; 3. the removal of comprehensive plan designation would not remove the actual or physical nuisance situation. Those responsible for nuisance do not use comprehensive plan as a 0 02 n LJ guideline to trespass on these properties and fencing is not prohibited today by the property owners; 4. retention of the present esthetic state is more assured by possible municipal control in contrast to possible private development; 5. it is in the best public interest to maintain a view toward future public use as a realistic view as seen in eyes of the Park Advisory Board. HEARING: ON INTERSECTION DESIGN FOR 76th W. AND HIGHWAY 99 AS REQUESTED UNDER PLAN ALTERNATE A. City Engineer Larson introduced Ken Cottingham of Cottingham & Associates, Consulting Traffic Engineers who made the presentation and analysis of the de- sign for traffic control at 76th W. and Highway 99. He showed slides and ex- plained the workings of each design. He said with any design we arrive at that the highway department has the final say as it is a state highway. He stated that they were recommending the acceptance of Plan A as it appeared to be more workable in this area and would eventually tie into the Z when Mountlake Terrace finishes 228th to Highway 99. Engineer Larson requested authorization to submit a prospectus to, the State . Highway Department for Plan A. If it was accepted by the state it would still require the City of Edmonds review all agreements before signing. K-Mart, City of Edmonds and the State would participate. That with construction, lights, and right-of-way acquisition it would cost approximately $65,000.00 Councilman Sanborn said he opposed the Plan A and the Z plan. He thought we should be looking toward 76th. Councilman Nordquist stated that when the inter- change is finished at 205th there will be two distinct problems, 224th and 76th and they both need to be signalized. Hearing was opened to the audience. Patrolman Estes said he felt that any light at 224th would cut accidents and that he personally would prefer the A plan for 76th and Highway 99. Mr. Cottingham was asked about the over -pass plan and replied that under the T.O.P.I.C.S. program we would have to pay construction, right-of-way and any relocation costs and it would be very expensive. Hearing was closed. A motion was made by Councilman Sanborn, seconded by Councilman Tuson that the City of Edmonds not accept Plan A. but have 76th W. cross Highway 99 at a con- trolled straight across intersection. Roll call had Councilman Sanborn, Tuson and Haines voting yes, and Councilman Nelson, Slye, Nordquist and Kincaid voting no. Motion failed. Councilman Kincaid said he was not a qualified engineer, but he would like to see further study before accepting any plan. He said he did not think we should turn down Plan A until further drawings are made. It was moved by Councilman Kincaid that the 76th W. and Highway 99 study be referre&1back to the engineer and that revised drawings be made for 76th W. and Highway 99 crossing, and that the right turn from Highway 99 to 76th be eliminated. Motion was seconded by Councilman Nelson. Roll call vote had Councilman Nelson, Tuson, Kincaid and Haines voting yes, and Sanborn, Slye and Nordquist voting no. Motion carried. SECOND READING: PROPOSED AMENDMENT TO ORDINANCE DEALING WITH STANDARDS FOR OBTAINING AMBULANCE LICENSE IN EDMONDS. A motion was made by Councilman Haines, seconded by Councilman Sanborn that Ordinance 1524 be passed amending the standards for obtaining ambblance license in Edmonds. Motion carried. INTRODUCTION OF NEW POLICE CHIEF Mayor Harrison in introducing the new police chief for the City of Edmonds, Marlo Foster said he had received the highest combination score as certified by the Civil Service Commission. He stated that Chief Foster was to�cassume':his duties immediately. Mayor Harrison at that time administered the oath of office fo Marlo Foster. Chief Foster spoke and said how overwhelmed he had been by the last few hours and that he was very proud to be following in the footsteps of a man with such high values as Chief Rube Grimstad. He said he was very grateful for the faith and trust of the people involved. PARKS AND RECREATION DIRECTOR Mayor Harrison introduced Rod Garretson as the new Park and Recreation Director for the City of Edmonds, and said he would assume his duties January 1. He said Mr. Garretson is a resident of the City of Edmonds and gave a resume of his background in recreation, physical education and such. Mr. Garretson.said he hoped to carry out the good works of the City of Edmonds, develop parks and work with the Park Board in their planning of acquiring additional park sites. 1 • 1 • 0 • ORDINANCE AUTHORIZING INSTITUTION OF CONDEMNATION DER PHASE III., 1.33 Deputy City Attorney John Wallace explained that there were still two slope easements, 4 or 5 pieces of Right-of-way yet to be acquired in the city. Two properties have been turned over to Lynnwood for condemnation and 1 property in the county. It was moved by Councilman Slye, seconded by Councilman Tuson that Ordinance 1525 be passed authorizing institution of condemnation proceedings on 76th W. under Phase III. Motion carried unanimously. SET DATE FOR HEARING ON APPEAL FROM RECOMMENDATION OF PLANNING COMMISSION TO DENY WAGNER REZONE REQUEST - FILE R-6-70. A motion was made by Councilman Nordquist, seconded by Councilman Slye that hearing on appeal from recommendation of Planning Commission to deny Wagner rezone request be set for February 291971. Motion carried. DATE FOR HEARING ON AMENDMENT TO THE OFFICIAL STREET MAP ESTABLISHING A FT. WIDE STREET AND A 20 FT. ALLEY BETWEEN 230th ST. S.W. BETWEEN U.S. 99 AND 76th AVENUE W. ST-2-70. It was moved by Councilman Nordquist, seconded by Councilman Nelson that hear- ing on amendment to the Official Street Map establishing a 60 ft. wide street and a 20 ft. alley between 230th St. and 234th St. S.W. and between U.S. 99 and 76th Avenue W. be set for February 21, 1971. Motion carried. • REPORT ON BIDS FOR FIRE DEPT. EMERGENCY'GENERATOR AND METAL BUILDING. • 11 Bids were opened Monday, December 14, 1970 at 1:00 P.M. in the office of the Mayor. Present were Chief Administrative Officer Lawson, Fire Chief Cooper, Deputy City Clerk and several gentlemen from the bidding firms. Fire Chief Cooper made his presentation and recommendation that the low bids of Metal Structures, Inc. for the metal building in the amount of $2,614.50 including tax, and RPM welding Distributor in the amount of $3,370.53 including, tax for the Self-starting Electrical Generator be accepted. A motion was made by Councilman Haines, seconded by Councilman Nordquist that the bid of RPM Welding Distributors in the amount of $3,370.53 including tax for the Self-starting Electrical Generator be accepted. Motion carried. It was moved by Councilman Slye, seconded by Councilman Nordquist that the bid of Metal Structures, Inc. in the amount of $2,614.50 including tax for the metal building be accepted. Motion carried. CORRESPONDENCE Mayor Harrison read a letter from the Department of Social and Health Services of the State of Washington with a Certificate of Competency As a Water Works Specialist III for Leslie T. Hanson. Mayor Harrison referred this to Ron Whaley, Assistant Director of Public Works to present the certificate of Com- petency as a Water Works Specialist III for Lelie T. Hanson. "Mayorc,,Harrison referred this to Ron Whaley, Assistant Director of Public Works to present the certificate to Terry Hanson. A letter was read from Doug Crain, who thanking all for their cooperation and belief in the police department in the COUNCIL PARTICIPATION has been the Acting Police Chief, help during this time and expressed his future. Councilman Tuson suggested that the intersection at 5th and Dayton be made a 4-way stop before someone is killed. This matter was referred to the Safety Committee. Councilman Nelson asked about the channelization of west bound traffic at 224th and Highway 99. He said he had not noticed any improvement as yet. Engineer Larson said a letter had been written and some painting had been done but as yet no signs were up. Engineer Larson reported that indication had been made that interest for under - grounding was very high north of Daley St. Councilman Nelson moved, seconded by Councilman Haines that the City Attorney be instructed to draw a Resolution of Intention for undergrounding for Ninth Ave., from Daley St. north to,Casper St. Motion carried. Councilman Haines spoke about the gentleman from Clarks' Restaurants who had made his presentation to the work meeting for an installation south of the Ferry Dock. Councilman Haines moved that the Mayor contact Clarks' and en- 0 t34 courage them to go ahead with installation on the Water front. 0 Councilman Nordquist said it was his understanding the Clarks' were going to come back with further plans. Councilman Sanborn thought we should en- courage him to come back but not to mislead him. Motion died for lack of a second. Councilman Haines stated that he thought there should.be no more presentations at regular work meetings, only at Cduncil meetings or at special meeting on Saturday A.M. once a month. Councilman Nelson suggested that written present- ations be given. Councilman Tuson reported the Water Committee met on the Mountlake. Terrace Sewer Contract. The Councilaagreed to meet December 22 to consider this. CLAIM FOR DAMAGES Claim for damage was received from Phil H. Allen, 215 9th Avenue South, Edmonds and was referred to the City Clerk foi processing. BEAUTIFICATION COMMITTEE PROPOSAL Planner Logan passed out drawings and the proposal of the Beautification Committee to have the City of Edmonds annex the right-of-way by Robin Hood Lanes and have the Garden Club landscape it. It was move4c:by Councilman Slye, seconded by Councilman Tuson that the Attorney be instructed to prepare an ordinance for hearing for annexation to the'City of Edmonds of Right-of-way by Robin Hood Lanes. Motion carried with Councilman Nordquist voting no. AUDITING OF BILLS A motion was made by Councilman Haines, seconded by Councilman Nordquist that vouchers 011830 through #12025 in the total amount of $227,838.41 be approved and the City Clerk be authorized•to pay these regular monthly bills. Motion carried. A motion was made by Councilman Haines, seconded by Council#ian Kincaid that the following".LID bills be approved for payment: LID #177 - $314.35 to Reid, Middleton & Associates, Inc. for engineering services, and:!the City Clerk be authorized to issue interest bearing warrant to the City of Edmonds in this amount. Interest bearing warrant to the City of Edmonds in the amount of $129147.10 for Edmonds participation to 76th UAB construction. LID #178 - $299888.79 for Edmonds participation to UAB 76th construction and the City Clerk be authorized to issue an interest bearing warrant to the City of Edmonds in this amount. LID #179 - and interest warrant to the City of Edmonds in the amount of $259192.85 for Edmonds participation to UAB Bowdoin Way construction. LID #181 - $50864.44 for Edmonds participation to UAB Walnut St. Construction and the City Clerk be authorized to issue interest bearing warrant to the City of Edmonds in this amount. LID #182 - $131.10 for Edmonds participation to UAB Ave. W. and the City Clerk be authorized to issue an interest bearing warrant to the City of Edmonds in this amount. Motion carried. AUTHORIZATION TO PROCEED WITH DESIGN ON REVENUE BOND PROJECTS - WATER TANKS AND DRAINAGE* A motion was made by Councilman Tuson, seconded by Councilman Nordquist that the engineer be authorized to proceed with design on Revenue Bond projects - water tanks and storm drainage. Motion carried. AUTHORIZATION TO CALL FOR BIDS ON TREATMENT PLANT EXPANSION. It was moved by Councilman Slye, seconded by Councilman Nordquist that the City Engineer be authorized to call for bids on the Treatment Plant expansion February 16, 1971. Motion carried. DISCUSSION OF THIRD AVENUE AND PINE STREET SEWER LID Discussion of Third Avenue and Pine Street Sewer LID was continued until a later date. 1 i is • 1 L� SET HEARING DATE ON FINAL ASSESSMENT,LJj()LL LID.: •177 :- .76th SIDEWALKS j A motion was made by Councilman Nordquist,,seconded by Councilman Slye that January 190 1971 be set for hearing the final Assessment Roll' LID 177. Motion carried. SET HEARING DATE ON FINAL ASSESSMENT ROLL -.LID 179 - WALNUT AND•BOWDOIN.WAY, FROM 9th TO FIVE CORNERS. It was moved by Councilman Nelson, seconded by Councilman Nordquist that February 2, 1971 be set for hearing the final Assessment Roll LID 179. Motion carried. FIRST READING: PROPOSED ORDINANCES First reading was held on the proposed ordinance establishing duties of Finance Director. First reading was held on the•proposed:ordinance setting the Salary schedule for 1971. Meeting adjourned at 11:10. P.M. v Irene Varney Mo an, City Clerk H. Harrison, Mayor January 5, 1971 ROLL CALL Regular meeting of the.Edmonds City.,! Council was called to order by Mayor Harrison with all councilmen present. APPROVAL OF MINUTES Minutes of the cowmen;meeting of December 15:had not been received by some of the council members and it;' at -therefore moved by Councilman Nordquist, seconded by Councilman Sanborn that approval of these minutes be.continued to the next meeting. Mot -ion carried. - HEARING: ON PLANNING COMMISSION RESOLUTION 333 Hearing had been continued from November 17 on Planning Commission Resolution. 333, revised development..standards.for duplexes -and apartments. A letter dated November 279 1970 was read frog the South Snohomish County Board of . Realtors, Inc., requesting that the council table any decision on this matter 4 to a meeting in February..: However, since the letter had been held for reading on this date, members.of the Board,of-Realtors were present with their, attorney ready to make a presentation in case the matter was not postponed.' Therefore, the hearing.was reopened. City Planner Merlin Logan explained the history of this matter, from the hearings held by the Planning Commission•and City Council to the discussions and study of the proposed new standards. He then gave a summary of these changes as proposed. . , Attorney Wes Hodge, 905 Norton Building, Seattle, representing the South Sno- homish County Board of Realtor, Inc., discussed.the proposed ordinance,and stated that as.written it was in his estimation unconstitutional -as well as ! not accomplishing what the city had ..set out .to do.. He felt:the:apartment standards should remain as they now are,'since it is not a crucial time,for apartment building with the present economy.: Councilman Kincaid inquired about the expected report that had been requested from,the,Real Estate Board by the Council, listing any suggestions for -the proposed standards. Attorney - Hodge answered that this was not available.tonight. He added that an original - investment in an apartmentyhoo..e, if it becomes non -conforming because of passage of ;these proposed.s,tanardsi is lost if destroyed by fire, as it would not be.able.to,be rebuilt as before. Thus the owner.of,this piece of property is denied his originaliright,to,build.. He also felt•that the owner, of a piece of property purchased for investment under one set of standards should be able to build upon this property at a later date with the same set of standards, instead of being penalized-for.holding,the land vacant for a future building site. Councilman'S'aniiorn_stated that a zoning code should be allowed to be changed with the,times,.,and•it was within-the,power of,the Council to rezone. Attorney -Hodge answered that it•was within the rights of the city to change the zoning for,r.easons of health, safety and•:welfare, but not just for the sake.of change..,.Councilman•Haines.said that the purpose of 1 the review was to do away with some problems that might arise withinthe city in the future, and added that Item C.in the proposal spelled out a bonus plan wherein denft, such As that of neighboring apartments could be granted. He also mentioned the appeals that were allowed. Mayor Harrison stated that where abuse is potential, the City Planner would be able to give or refuse a bonus, and this is better than completely changing the requirements, since each site is unique..., -Attorney- Hodge .said he ,was :in favor of .the reconstruc- tion aspect of a destroyed building to its original standards. He added -:that it would be possible to build a substandard building and be within the code, so better tools were available than what is now proposed.