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19730904 City Council Minutes• 17 • 1 • Councilwoman Shippen suggested that the Engineer write a letter from the council indicating interest in further pursuing methods (2) and (3), and have this ready to present at the meeting on�Thursday evening. No further council action was necessary at this time. STREET USE PERMIT REQUEST - (OLD MILLTOWN) A Street Use Permit request from J. Ward Phillips Company for marquees and/or canopies over the sidewalk in the new development called "Milltown" on 5th Ave. South between Dayton and Maple Streets was submitted. City Engineer Leif Larson noted that the Building Department would require structural details.of the marquees, subject to the review and approval of the Building Official. He then recommended approval of the Street Use Permit. subject to the structural evaluation. A motion was made by Councilman Nordquist, seconded by Councilman Gellert to approve the Street Use Permit as noted, subject to the structural evalua- tion. Motion carried. REPORT FROM COUNCIL REPRESENTATIVES ON VARIOUS COMMITTEES Councilman Gellert reported that Councilman Nelson, who had.to leave after the Chase Lake hearing, had asked him to advise council that the SW Snohomish County Transit Board now has a surplus of $2216 in transit funds. However, he noted that both Edmonds and Mountlake Terrace have a deficit; route 406 has the surplus. Councilman Gellert then reported that next Thursday was the hearing on budget for SNOCOM, and if there were any suggestions from council he would like to have them before that time. REAPPOINTMENT OF RICHARD DICKSON TO PLANNING COMMISSION Mayor Harrison read a letter from Richard Dickson regarding his expiring position on the Edmonds Planning Commission and reaffirming his availability for continued service. The Mayor noted.that he had a policy of not reap- pointing, but felt in this case Mr. Dickson had performed to a degree worthy of waiving this policy. Mayor Harrison therefore made the reappointment of Richard Dickson for a 6 year term on the Planning Commission. Councilman Nordquist moved, seconded by Councilman Tuson to confirm the Mayors reap pointment of Richard Dickson, and the motion carried. There was no further business to come before the council, and the meeting was adjourned at 10:55 P.M. Irene Varney Mo an, City Clerk September 4, 1973 ROLL 'CALL Harve H. HakkA*son, Mayor The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison at 7:30 P.M. with all council members present except Nordquist. APPROVAL OF MINUTES The minutes of the council meeting of August 28 had been posted, mailed and distributed. With no omissions nor corrections, they were approved as written. COUNCIL PARTICIPATION Councilman Anderson asked what had transpired with regard to the disposal of certain city parcels of land which had been mentioned at the June 5th meeting. Mayor Harrison said that the appraisal has not been received. Councilman Anderson said that subsequent to the motion which was made at the meeting on the 20th of August, Rod Garretson did meet with property owners abutting Yost Park. Twenty-five residents came to the -meeting and shared their complaints and constructive criticisms. He said it was a very constructive meeting, and thinks we should have more of this sort of thing. All matters have been taken under advisement, and Mr. Whaley will report and give recommend- ations on these matters at a later date. Councilwoman Shippen mentioned touring Brookacres. She asked if 10:30 A.M., Saturday, September 8th would be agreeable with everyone. Council members present and the Mayor said this was fine and that they would meet at the site. C� M 40 • Mrs. Shippen said she would be happy to provide a map showing directions to the property. AUDIENCE PARTICIPATION Jim Martin, 309 Main Street expressed his displeasure with plans to construct a fountain at the intersection of 5th and Main. He said he is in the process of collecting signatures on a petition.against this project. After some discussion, Councilman Nelson said that perhaps we should have a copy of the petition for the fountain that had been brought to the council by the Chamber of Commerce. He then asked if there was a time limit set for the raising of funds for this project. The Mayor thought it would be proper for .the council to re -state its.position for next year's budget. Dewey Leyda asked where the pedestrian crosswalk would be, and the City Planner explained how this would be accomplished.. Mrs. Skonnord of the Edmonds Art Gallery also expressed her opposition to the project. Margaret Mitchell thought that if you have a point of interest in town, people are inclined to come into town to see it. Ted Barber asked if the Engineering Department could say that the fountain would not harm business. City Engineer Larson said they knew it would slow up traffic, but that it.had not been entirely an engineering decision. He said it had been discussed with the Fire Chief as to whether fire trucks would be able to negotiate the intersection and it was found that this could be done. When asked about the funds for the fountain, the City Attorney stated that the unexpended portions of the appropriations would lapse into .the general fund, and customarily they are then revived in the following year's budget. CAO REPORT CAO Ron Whaley said that it would be necessary to pass a resolution to transfer • certain sums from the Contingency Fund to the General Fund for Fire Department and Park and Recreation Department equipment purchases and park improvement purposes. Councilman Gellert questioned the amount which was to be allocated for the Park Department work. Mayor Harrison said that he had talked to the County Commissioner about lending equipment to us for this project, and he had felt they would have equipment available to help out. The Mayor said that it might be possible to do this project within the budget. Councilman Tuson had made a motion seconded by Councilman Nelson to pass Resolution #285. However, during discussion of the estimate on the park work Councilman Nelson said that since we are not sure if the stipulated amount will be enough to cover the indicated improvements - he would move that action to taken on each of the items.separately. Councilman Tuson said that he would withdraw his motion. He changed his motion to say that we transfer $68,496.96 to the general fund from the contingency fund,.and pass Resolution #285 directing such transfer.of funds. Councilman Nelson seconded. After some discussion, the motion was voted upon and passed. Mr. Whaley said that a notice had been received from the Office of Equal Employment Opportunity Commission saying that they are holding a seminar on Title 7 of the 1964 Civil Rights Act on Saturday, September 22, 1973 at 8:30 A.M. to 4:30 P.M. It will be held in Seattle at the Colonial Manor, 704 Blanchard Street. Mr. Whaley reviewed some of the agenda items. Mr. Whaley reported that according to State Law, cities are required to have a Department of Emergency Preparedness. The County has started a county -wide concept in this regard, and Chief Cooper has attended some of the meetings with regard to this. Chief Cooper stated that Frank Patterson has been chosen to direct the county -wide emergency program. One thing that has been done is that they have obtained a helicopter from the National Guard from the Excess • property Program. This unit has already been used in rescue work. Chief Cooper has made a request to Mr. Patterson for a jet propelled boat (from excess property) to be used for fire and rescue work to be used out of our harbor and under our control. Chief Cooper said that the charge to.come under this program would be 11¢ per capita and he recommended that we participate. Mayor Harrison also recommended participation. Councilman Gellert made a motion seconded by Councilman Anderson that we instruct the administration to budget for this amount for 1974. Motion carried. Councilman Gellert then made a motion also seconded b�,r Councilman Anderson to authorize the Mayor to sign an inter -local agreement to participate in this County -wide Emergency Program. Carried. HEARINGS ON PLANNING COMMISSION RESOLUTIONS: #415 - This is a resolution recommending that action be taken by the council. on acquisition of right-of-way, specifically the Wayne F. Smith property at 86th Place West and Main.Street. City Planner, Joe Wallis reported on this matter and showed maps and slides of the area. He said that by Resolution #260, the council adopted a Bic�rcle and Recreational Path that includes -and traverses the area under consideration. He recommended that the street plan in Shell Valley be revised to either complete the street plan, now shown partially complete, or remove the'street shown on the Comprehensive Street Plan in the Shell Valley Area. Mayor Harrison then opened the hearing. Dave Larson residing at 21100 - 86th Place West stated that this property is the key to the access between the Pine Ridge Park and the Yost Park. He said that r1 U 19 this is the only possible place where a street can be connected with Main Street at street level avoiding steep grades.. Mr. Larson said there is a substantial public interest in the property and would recommend that the city purchase this parcel. Gay Riach-, an attorney, representing the Smiths stated that the Smiths had purchased this property 12 years ago for investment purposes and had attempted to have it platted on three occasions: He said that they would be willing to sell on real estate contract with a reasonable down payment and reasonable payments per month. Following consideration discussion, Mayor Harrison declared the hearing closed. Councilman Nelson asked when the proposed plat on this property will come before the Planning Commission: It was answered that this will be on -September 19th. Councilman Nelson then made a motion that the Planner and the owner get together and determine the number of square feet of building area that is available under the existing zoning and that the idea be kept in mind for the city to consider the purchase of the entire piece of property and secondly, that the city also be considering purchasing only public access as indicated in Planning.Commission Res. and that we instruct City Attorney to proceed in obtaining two appraisers to determine the value of the property so that council will have opportunity to tender an offer for the entire piece of property or for access only; and further, to make sure we get a valid appraisal by October 9th. Councilwoman Shippen seconded. Motion carried. 4416 - Resolution recommending denial of council request for rezone from RS-20 to RS-12 of Gogert property north_of 172nd and west of 68th W. #417 - Recommending approval of rezone of above property from RS-20 to RS-8 • as':regiies:ted---.by4-Planning :Commission. It was decided to consider these resolutions.together since they concern the same piece of property. City Planner, Joe Wallis reported and explained what has taken place to date with regard to this matter. He'then showed slides of the area, which indicated 33% to 50% slope which creates a natural barrier. He stated that they consider anything over 25% unbuildable. Mayor Harrison then opened the hearing. Ralph Krutzinger from Group Four, with the aid of some of the slides, indicated the steepness of the bank in the area of this rezone,, which he also thought would act as a natural barrier. He indicated that parcel they would like to build on is a gentle slope and that since utilities are available, it lends itself to the RS-8 zoning. He inferred that homes that would be built on this size lot would be of a kind that would be more marketable in this day and age. There was some discussion on turnarounds, size of the parcel and how many homes they propose to build. A gentleman in the audience asked if there is an existing right-of-way to the south, which is now -being used as a pedestrian trail by children walking to school. Mr. Gogert, 6906 - 174th said that he had contacted everyone that lives around the proposed project and there was only one person that objected to changing the zoning to RS-8. No one else wished to speak on this matter, so the Mayor declared the hearing closed. Councilman Anderson commented that he was concerned about establishing a precedent with regard to increasing density here. He listed four areas where the same sort of reasoning could be used to request a higher density zoning. Following a great deal of discussion, a motion was made by Councilman Gellert • to override the Planning Commission denial of council request for rezone from RS-20 to RS-12, in other words to accept RS-12 for the Gogert property. This died for lackof a second. A motion was then made by Councilwoman Shippen and seconded by Councilman Tuson to uphold Planning Commission Resolution #416, which recommends denial of a rezone from RS-20 to RS-12. The motion carried following a roll call vote with Councilman Gellert voting "no". A motion was then made by Councilman Nelson and seconded by Councilman Gellert to override Planning Commission Resolution #417 which recommended approval of a rezone from RS-20 to RS-8 for the Gogert property. Following a roll call vote, the motion passed unanimously. #418 - Resolution recommending approval of addition of heliports to list of Conditional Uses allowed in RML. A motion was made by Councilman Nelson and seconded by Councilman Anderson to accept the recommendation in Planning Commission Resolution #418 to add "heliports or helistops" to the table of conditional uses and pass Ordinance #1677 amending the City Code to this effect. Councilman Gellert said that he would like to amend the motion to state "emergency heliport or helistop!' ; however Deputy City Attorney Wallace explained that this activity is allowed only under a Conditional Use Permit and this is one of the conditions that can be imposed as a condition to granting the permit. Councilman Gellert then withdrew his amendment. After some discussion, Councilman Winters made an amendment that the heliport should meet FAA requirements so that there is no problem with someone coming in with obstructions which are not approved. This died for lack of a second, but Mr. Wallace said that this again would be one of the conditions of the permit. The 'motion was then voted upon and carried. 0 20 • #420 - This is a resolution recommending approval of amendment to Zoning Ordinance to remove statement from Section 12.13.130, G, setbacks for multiple family dwellings in Community Business Zone. City Planner Joe Wallis reported saying that the Planning Staff is the applicant in this case. After some brief statements, a motion was made by Councilman Gellert and seconded by Councilman Anderson to accept the recommendation in Planning Commission Resolution #420 and pass Ordinance #1678 amending the City Code to reflect this change. The hearing was then opened by Mayor Harrison. - Elmer Harris, part owner of Seville 217 expressed his objection to the proposed amendment, and Mr. McConnachie also noted his objections. No one else commented, so the hearing was closed. On call for the question, a roll call vote resulted in Gellert, Shippen and Anderson voting for and Nelson, Tuson and Winters voting against. Mayor Harrison then voted "no" and the motion failed to carry. SHORELINE MANAGEMENT APPLICATION - PACIFIC NORTHWEST BELL - UNDERGROUNDING TELEPHONE CABLE ALONG ADMIRAL WAY - FILE SM-3-73. Kay Shoudy, Assistant City Planner, reported that this is an application to bury telephone cable in the unimproved dirt shoulder along Admiral Way. City Engineer Leif Larson stated that all requirements have been met. Councilwoman Shippen asked if it would be possible to ask Burlington -Northern to bury their cables also. Mr. Larson reminded council that Burlington -Northern had denied all requests of this kind in the past. A motion was made by Councilman Tuson and seconded by Councilman Gellert that the -Shoreline Management Application • of Pacific Northwest Bell be approved. Councilman Nelson said he would abstain from voting on this matter as he is employed by the company. The motion was then voted upon and carried. A motion was then made by Councilwoman Shippen and seconded by Councilman Anderson to.ask the Mayor to contact Burlington - Northern to see if they will do anything at this time about undergrounding. Motion carried. CONSIDERATION OF PROPOSED SIDEWALK ORDINANCE City Engineer, Leif Larson suggested that because of the lateness of the hour and the absence of Councilman Nordquist, that this matter be postponed. A motion was then made by Councilman Gellert that this be placed on the work meeting agenda for discussion on the 11th and on the council. agenda for action on the 25th of September. Councilman Nelson seconded. Motion carried. PROPOSED ETHICS. ORDINANCE AS DECIDED AT AUGUST 14 COUNCIL MEETING Councilman Gellert made a motion seconded by Councilwoman Shippen that Ordinance #1678 be passed with the effective date being September 17, 1973. A roll call vote showed Councilman Nelson and Winters voting against, however the motion carried. Councilmen Nelson and Winters stated that they voted against simply because they feel that it duplicates HB #276. There being no further business to come before council, the meeting adjourned at 11:00 P.M. 0 t Irene Varney Mor , City Clerk Harve H. Harrison, Mayor • September 11, 1973 (WORK MEETING) ROLL CALL The scheduled work meeting of the Edmonds City Council was called to order at 7:30 P.M. by Mayor Harve Harrison with all council members present except Nelson. APPROVAL OF MINUTES Minutes of the regular meeting of September 4 had been posted, mailed and distributed. Councilman Anderson noted that under "Council Participation", he had reported that recommendations regarding -action to be taken on the complaints and suggestions involving the property owners abutting Yost Park would be reported at a later date by Director Garretson, not CAO Whaley as was written. There were no further omissions nor corrections; and the minutes were approved as corrected. MAYOR'S ANNOUNCEMENTS Mayor Harrison advised council members that within a few weeks the regional meetings of the Association of Washington Cities would begin. These were for the purpose of discussing various programs of mutual concern. He stated that there would be a meeting on Thursday, September 27 at 7:00 P.M. at the Holiday 0