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19741126 City Council Minutes2:0 • MOTION: COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN ANDERSON TO SET NOVEMBER 26TH FOR REARM , ON ,THE ABOVE -MENTIONED MATTER.. • MOTION . CARRIED: CLAIMS FOR DAMAGES _.. Council acknowledged receipt:of:.a Claim for Damages from-Lotharand-Karea- -Bioictanski.".This.was-referred to -the City Clerk for Processing.— " ... .: . ., ,. .. - - .... ..,., ... ... ... There.being no :further business to come.before the council, the=meeting adjourned-' at 10:35 *P. M, IRENE VARNEY.MORAN, C`ft Clerk H. HARVE HARRISON, Mayor November 26, 1974 ROLL CALL The regular meeting of the Edmonds City.Council was called to order by Mayor Harve Harrison at 7:30 P.M..in the Council Chambers at."the:Edmonds Civic Center, with all council members present, except Winters. APPROVAL OF MINUTES , The minutes• of the meeting, of November 19th had -been.-posted, .:mailed •and distributed, and with no omissions,nor.corrections; were approved'as written. • COUNCIL PARTICIPATION Councilwoman Shippen stated.that.she, the Assistant Planner and M.A.A. Ron Whaley, had attended a seminar on the Housing and Community Development Act today, and she thought.there were decisions that.the council is.going to have:to make as to how to proceed under that Act. She, therefore, said-she••would like - to have this matter set for.discussion"oa the,10th of December: Councilwoman Shippen stated that'we have received.a reply from the State Highway Department indicating that they would -not fund,an;environmental impact.statement MOTION: on SR 524. SHE THEN MADE THE MOTION THAT WE REPLY TO.THE STATE.HIGHWAY'DEPARTMENT, THAT SINCEWECONSIDER 'AN ENVIRONMENTAL IMPACT.:-STATEMENT:SO IMPORTANT TO THE COMMUNITY, THAT WE. WOULD NOT PROCEED FUR WITH THAT SECTION OF SR.524, BETWEEN 81ST AND. MAIN,, WITHOUT AN. IMPACT STATEMENT PROVIDED "BY THEM .OR - FUNDED . BY THEM. COUNCILMAN GELLERT SECONDED'WITH THE SUGGESTION THAT "IT SHOULD BE THE STATE HIGHWAY DEPARTMENTS RESPONSIBILITY" BE ADDED TO THE PREAMBLE. MRS. SHIPPEN AGREED. MOTION WAS VOTED UPON AND CARRIED. Councilman Gellert referred to a letter from General Telephone Company regarding MOTION: the franchise agreement. COUNCILMAN'GELLERT'MOVED,-SECONDED BY'COUNCILWOMAN, SHIPPEN THAT. THE .CITY ATTORNEY PROCEED FURTHER -WITH TRYING TO ESTABLISH A . MUTUAL GROUND FOR A FRANCHISE AGREEMENT BASED ON THEIR STATEMENT THAT THEY ARE WILLING TO UNDERGROUND ALL THE.FACILITIES FOR A GIVEW PERIOD OVER TWENTY YEARS.. MOTION GARR3ZD. :.. Councilman Gellert stated further that .if General Telephone Company would like to discuss,this.with the council, perhaps they could•come down•during a work • meeting for•this`purpose. City Attorney, John Wallace, stated that they had indicated that they would like to do this. CORRESPONDENCE M.A.A;•-Ron Whaley stated -that Al Kincaid had•delivered,to him -a letter from" Mildred -Dooley which stated -that she was•so•well satisfied,-with,the;City of - Edmonds, the government,; -the Civic.Center;.the-activities o,f.:.all departments that she wanted to help -out in some small way. ,She enclosed a $10.00.bill, and -Mr. Whaley'said that he thought it would be appropriate -to donate it to the Aid Car.Fund. Mayor Harrison expressed his appreciation for the gift MOTION: from Mrs. Dooley. 'COUNCILMAN ANDERSON MOVED,.SECONDED BY COUNCILMAN GELLERT THAT M PUT THE TEN DOLLAR DONATION IN THE AID.CAR FUND, AND EXPRESS OUR APPRECIATION TO THE DONOR., MOTION CARRIED. Mayor Harrison announced that he had a letter from Councilman Jack Winters wherein -he submitted his remignation. Mr. Winters thought perhaps it would. be possible to select two appointees to the council at the same time. COUNCILMAN MOTION: GELLERT MOVED,.SECONDED BY,COUNCILWOMAN SHIPPEN THAT ACCORDING .TO -THE ORDINANCE, THE SECOND VACANCY BE DECLARED AND THAT APPLICATIONS FROM.,CANDIDATES-BE.SUBMITTED CONCURRENTLY, AND THAT WE THEN INTERVIEW CANDIDATES FOR THIS VACANCY ALSO ON THE 6TH OF DECEMBER-AND THAT. THE VACANCIES WILL BE 'FILLED ON-TUESDAY, THE LOTH OF DECEMBER. MOTION CARRIED. MOTION: COUNCILMAN GELLERT THEN MOVED, SECONDED BY COUNCILMAN ANDERSON THAT WE SEND A RESOLUTION OF COMMENDATION TO COUNCILMAN WINTERS. MOTION CARRIED. 203 HEARING: PLANNING -COMMISSION'. #452 BUILDING HEIGHT -AMENDMENT,,. (CONTINUED FROM NOVEMBER 19TH). . City -Planner, • Joe Wallis., -..stated that. there had been an addition to -the - ordinance requested by..the.::council., .,This•w"s on page 2,�.under, ,"Building:, ... Volume, Allowable" and the portion added was "...except church steeples•subject.. to review by the Amenities Design Board". Following some comments, the hearing was opened, however,. no one.. wished .to. speak..on the subject, so the hearing MOTION: A y was closed. COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN NORDQUIST TO"' PASS-ORDINANCE_#1741, WITH REFERENCE TO ALLOWABLE -:BUILDING HEIGHT:. MOTION CARRIED HEARING: .PLANNING_COMMISSION RESOLUTION'#453 a DELETE WORD "STORY". (CONTINUED FROM.NOVEMBER 19TH) City Planner, Joe Wallis, stated that in the proposed ordinance under Section`2 in the BN Zone•as well as the. -BC Zong, was a notation "that no building in the. BN Zone shall'.exceed 30' in -height, except -church steeples, chimneys and antennas and similar uses as may be incidental to permitted structures". Mr. Wallis said that in discussions with the -City Attorney, it was the attorney s opinion that this specifically should be deleted as a statement of intent on the part:of the•council...Mr. Wallis believed that the allowable building volume covers: -:.the situation adequately, and that it mould be -his recommendation.'that these statements be deleted from the proposed -ordinance. Mr. Wallis..said that the effect would be to allow the Height Ordinance as drawn, to function independently of itself. There was general discussion. The City Attorney pointed out that in order to bring this proposed ordinance and ,the ordinance., ,.- regarding building height into concert, the council would have to eliminate the exceptions that presently exist in -,the BN. and BC Zones., COUNCILMAN.GELLERT • MOTION: THEN MOVED, SECONDED.BY.COUNCILMAN:-ANDERSON TO -INSTRUCT THE ATTO'BNEY TO ELIMINATE ANY EXCEPTIONS OTHER THAN -ALLOWED UNDER THE BUILDING HEIGHT DEFINITION.(PROTRUDING ABOVE 30' ON THE BN ZONE AND ABOVE 359 ON THE BC ZONE. MOTION CARRIED. In Andwer,to a question from.the City Planner regarding hearing.on this.matter, the City Attorney° answered• that it:,will.-be heard when the proposed ordinance - is presented.. HEARING: PLANNING COMMISSION..RESOLUTION #455 -ADOPTION OF OFFICIAL STREET MAP, CHASE. LAKE.: ANNEXATION AREA. City Planner, Joe Wallis, stated that this was brought forward -by staffs%initiation. The purpose, 4s, to amend the. • Official = Street * Map:..to include , the streets - in the. Chase. Lake Annexation, Area. He projected a . map . of• the area on• • the - screen. * . . There was general discussion on various streets, -and street standards. Mr; Wallis said that the only* -way to -assure -that thtere is a timely review- and return •ofr .• _ standards to the council, is for the council to establish a deadline.and:some of the parameters 'tihich-are to_be-�considered9 and.ask for,& report back. Thd'. hearing was then opened,:.but no -.one wished to speak and the hearing was closed.. MOTION: COUNCLU4AN ANDERSON MOVED,.SECONDED BY..COUNCIIMAN WELLING TO ADOPT -ORDINANCE• #1742. MOTION CARRIEDe..- HEARING: PLANNING COMMISSION RESOLUTION #456 RECOMMENDING APPROVAL OF . REZONE ' FROM: RS-6 TO, RMH ON ME AVENUE. BETWEEN HONELL- AND ALDER. - City Planfier,-Joe Wallis, reported that the applicant originally was Mro McConnachie, who has since withdrawn from'the application. Mr. Wallis pointed out the . ' -, Comprehensive Plan in this area, and also -showed slides of the area. .Mr. Wallis referved'.to a•statement-by Commissioner Naughten that.he felt the area should • be zoned RMH9:since this would allow more use to more.people. -Mr. Wallis stated that -his original recommendation was to rezone to RML, and he -still makes this recommendation. Mayor Harrison then opened.the hearing, Mr- Tom Belt commented and thought that -perhaps the -council -should -look at -the property, He said that the Planning Commission' looked_-at,;rit twice and thought this.was the best use for the -property. Mr..McConnachie stated that the reason they 0backe& out" of the deal was'that it was too expensive to•develop-the property. Thero was discussion with regard to the suitability -of the area for dw6lling units catering --particularly to the=elderly, because -of its proximity to the park and downtown. Mr, Wallis -said that if•some of the parking -area was converted to :outside.area9' for gardening, etc.,:then he would be more inclined.for'it to be designated RMH9 particularly if it,would-come into'an'income bracket that would be saitsfactory to a large segment,of the elderly people on"fiked:incomes,. However:,-.he.said.• if it is zoned. RMH9 . there is no assurance- that those factors- would be brought MOTION:' x4to the'picture.-i-COUNCILMAN ANDERSON•MOVED9 SECONDED BY COUNCILWOMAN SHIPPEN. THAT THE -ATTORNEY BE -DIRECTED TO REeDRAW­THIS,PROPOSED ORDINANCE TO. INDICATE A DENSITY. CONSISTENT, WITH : RML. ­ The hearing had- been closed, ., There:: was 'some s discussiori,'and,Councilman Gellert:stated that-he::would`be inclined -to postpone this matter, so that council could look at -the property.-•Mr._,Beltr:said that ,, he would-not.object_:to a:3O-days_po6tponement:,, so that -the. council could look at the property. —He -suggested that if this is -done that he:and the'Planner be present. Councilman Anderson stated that he has seen the property and has been in some - of the -structures that are--non-conforming.; A ROLL CALL VOTE RESULTED IN•WELLING VOTING "NO":_GELLERT_'ABSTAINING BECAUSE..HE-FELT.'THE MATTER SHOULD BE POSTPONED IN ORDER -TO LOOK AT. THE- PROPERTY: AND SHIPPEN, NORDQUIST AND ANDERSON VOTING "YES"..: THE MOTION CARRIED.. . HEARING: PLANNING COMMISSION RESOLUTION #449 v SETBACKS ON PROPERTY IN CG ZONE NOT ABUTTING HIGHWAY 99. • City Planner, Joe Wallis, reported that this action was staff initiated, and the proposed ordinance amends the Official Zoning Ordinance to add the properties that do not abut Highway 99, but abut other streets, and established a 25' 204 • setback from other streets in the CG Zone of those properties not abutting Highway 99. He recommended approval. Mayor Harrison then opened the hearing, however, no one wished to comment and the hearing was closed. Following some MOTION: discussion,.*COUNCILMAN NORDQUIST MOVED TO ADOPT ORDINANCE'#1743. COUNCILMAN ANDERSON..SECONDED, AND.UPON•CALL, THE MOTION CARRIED.WITH COUNCILMAN.WELLING VOTING AGAINST. ADOPTION OF SOLID WASTE MANAGEMENT PLAN.FOR SNOHOMISH COUNTY. Dick Allen, Assistant City'Engineer,-btated that -the County has -studied alternatives for solid waste disposal and come up with the recommendation that the two major transfer stations be developed. One will be constructed in the Mountlake Terrace Area to serve Southwest County, and then.they are negotiating on land.in the Everett Area. The rural areas would have drop boxes. The facilities will be paid for through user's -lees collected at the disposal sites: Mr. Allen went on to say that development expenditures will be funded through County revenue sharing funds for:the.most part, and.the rest,will come from user.fees. He ; said we can probably look'for increased costs to the homeowner; -and others in the community using the services. In answer to a question from the Mayor, Mr. Allen stated that the County will own'the facilities.' Councilman Nordquiest stated that .he'serves on the Health Board.and that.'they..have,reviewed this plan MOTION: extensively,:.and see no'problem with it...'HE.,TSEREFORE,...MOVED; SECONDED -BY. COUNCILMAN ANDERSON.TO ADOPT THE.SOLID WASTE MANAGEMENT PLAN FOR SNOHOMISH COUNTY. MOTION CARRIED. REVIEW OF:GATEWOOD DEVELOPMENT City Planner, Joe Wallis,,stated that the developer,,•Monte Chaussee,.asked to • be heard before the council -with respect to this project. Mr. Wallis, said that although .there' is.'not:�ari "explicitly stated -policy, he understands .that development within the city should recognize the wooded character of the city and the.contributions that character makes to'the city. He said that he has encouraged those measures that would preserve the natural wooded.character of the city. Mr. Wallis said that in ueviewing this project it is his.intent to see what can be done to achieve the objectives that follow the policy that he has indicated or to have that policy clarified. He then showed some slides of the site both prior to the development and slides that were.,made yesterday. The site is at the intersection of 9th Avenue and 220th. Mr. Chaussee stated that he had received criticism regarding the tree cutting at this site and also the location of the driveways on 220th.' He said that they look at each lot at'the site, and'then choose a design that best fits the particular lot, and orient the house'the best way possible to preserve the best trees'on the lot,'taking into•account.the-setback requirements also. He said that he had stated at the preliminary hearing before the Planning Commission that'he would make every effort -to save the conifers, but would not make any effort to save any of the deciduous trees. Councilman Welling asked Mr. Wallis if he had placed this matter on the agenda because of'the tree . cutting and lot line restrictions. Mr. Wallis replied that it seemed that each -time he'went past the site, -more trees had been'removed,for `some reason, so he started exploring this both with Mr. Sauerland of Reid; Middleton and *ith Mr. Chaussee. He found that between the re -grading of the street and the rigid.lot line situation, and,the right-of-way.for the -storm and the ' sanitary; that the developer didn't.have that,much.latitude to save that many trees. .Councilman.Nordquist asked why the alterations were not. -brought back te',the council: Mr..`Wallis.:stated.that they.we-re-•brought. to.the council at the time of -final approval, but he pointed out that the alterations`.had,•already • been made -at that time. The alterations did not conform to the preliminary.' Mr. Wallis thought that if there is'going to.be some problem, it should be pointed'out at the preliminary stage.. Jurgen'Sauerland showed a map to the council and explained *hat:has .taken place with.regard ,to the.development of this plat... The preliminary approval called for•three driveways,on 220th, & one on 9th, but Mr. Sauerland.said that the• driveway..locations were changed,,however the City Engineer and City Planner were aware'of this. He said they had a meeting and it..had been pointed out that. the topography was such that it was inadequate to handle the driveways•. The final plat was approved with the driveway locations as they now exist. Mr. Sauerland stated that perhaps they should have, -come back tothe council, but they felt at the time that it was an engineering,problme that could be solved with the'assistance of the,Engineer and the Planner. Councilman Nordquist stated that'the council should be informed of any -changes that are going to take place*other:'than what has been stipulated during the time of preliminary approval. Following more discussion, Engineer Larson, said that in order to do what everyone wants to do, you would just have to have more engineering data'in the preliminary phase so that evaluations can -be made as to location of lot line trees, or whether there should even be a rigid line; etc. The City -Planner concurred: Mr. Ed Morris stated that the developer already incurs'quiee a bit of expense to comply with our present regulations. There was general discussion on PRD's,.with comments from Mr. Chaussee and MOTION: Bjorn Theusen, etc. COUNCILMAN GELLERT THEN MOVED, SECONDED BY COUNCILMAN ANDERSON THAT THE PLANNING COMMISSION BE INSTRUCTED TO REVIEW THE SUBDIVISION CODE TO DETERMINE THE EXTENT OF DETAIL REQUIRED ON THE PRELIMINARY PLAT AND ' . ALSO THE EXTENT OF RE -SUBMISSION REQUIRED PRIOR TO ANY SITE WHICH WOULD CHANGE THE FORM OF THE PLAT AS IT HAS BEEN APPROVED. MOTION CARRIED. r-I L-A 205 • MOTION: COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN NORDQUIST THAT THE MATTER OF PRD DEVELOPMENTS FOR TRACTS LESS.THAN 5 ACRES BE REFERRED FOR STUDY TO THE PLANNING COMMISSION. MOTION CARRIED. MOTION: COUNCILWOMAN SHIPPEN MOVED,THAT WE REVIEW THE RIGHT-OF-WAY WIDTHS REQUIRED IN SUBDIVISIONS AND PLATS; AND REVIEW ALSO .STREET WIDTHS, AND SIDEWALK STANDARDS, IF SIDEWALKS ARE REQUIRED. COUNCILMAN GELLERT SECONDED. MOTION CARRIED. FINAL PLAT APPROVAL - L. E. NESS ADDITION - 9 LOT -PLAT AT 7700-200TH S.W. The City Planner and City Engineer recommended.approval of the.plat, subject to.final acceptance of the improvements and the posting of the maintenance bond. MOTION: COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN ANDERSON TO APPROVE THE FINAL PLAT OF THE L. E. NESS ADDITION, SUBJECT TO THE ENGINEER'S•APPROVAL OF THE IMPROVEMENTS AND POSTING OF THE MAINTENANCE BOND. MOTION CARRIED. SET- BID DATE FOR DRAINAGE CONSTRUCTION PROJECT - 68TH W. & 156TH S.W. City Engineer, Leif Larson, setting the bid date for December 19th., He stated MOTION: that there have been problems in this area with washouts. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO SET IECEMBER 19TH TO OPEN BIDS ON THIS PROJECT. MOTION CARRIED. PROPOSED ORDINANCE.REGARDING ESTABLISHMENT OF CITY JUDICIAL SYSTEM Councilman Anderson stated that he did not feel prepared to vote on this item MOTION: yet, and THEREFORE, MOVED TO POSTPONE TO DECEMBER lOtH AND SINCE THIS IS A WORK MEETING, TO POST A SPECIAL NOTICE TO INDICATE THAT WE WILL BE HAVING AN • ORDINANCE HEARING THAT NIGHT.' COUNCILMAN WELLING SECONDED. AMEND: COUNCILMAN GELLERT MOVED TO AMEND TO CHANGE THE DATE TO THE 17TH OF DECEMBER. COUNCILMAN ANDERSON SECONDED. THE AMENDMENT WAS VOTED UPON AND CARRIED AND THE MAIN MOTION AS AMENDED ALSO CARRIED. RECONSIDERATION'OF PROPOSED ORDINANCE REGARDING REMOVAL OF JAIL'SENTENCES FOR CERTAIN MINOR OFFENSES. Councilman Welling stated that he understood that we would discuss these two matters concurrently, so HE MOVED, SECONDED BY COUNCILMAN GELLERT THAT CONSIDERATION OF THIS ORDINANCE ALSO BE DEFERRED TO DECEMBER 17TH. Councilman Anderson remarked that he looks at these matters a little separately, and that he would personally be infavor of this action. THE MOTION WAS VOTED UPON AND CARRIED WITH COUCILWOMAN SHIPPEN VOTING AGAINST, FOLLOWING'A ROLL CALL VOTE. - ]RESOLUTION OF MATTER RELATING TO EDMONDS VS. HORDYK (AID CAR ACCIDENT) M.A.A. Ron .Whaley reported that letters regarding the matter had been sent to the council members. The City Attorney explained the situation to the council and Mayor, stating that choices are to either accept the fact that there is nothing there and let it go, or proceed forward and force bankruptcy. Councilman Welling thought perhaps it should be deferred for a time, as the situation might MOTION: change, COUNCILMAN WELLING MOVED TO LOOK AT THIS AGAIN SIX MONTHS -PRIOR -TO... THE THREE YEAR PERIOD FROM WHEN THE.ACCIDENT OCCURED. COUNCILMAN NORDQUIST­ SECONDED. MOTION CARRIED. PRELIMINARY PLAT APPROVAL - SIESTA _FIRS - 9 LOT SUBDIVISION - P-7-74 • City Planner, Joe Wallis, informed council that this had not been posted and advertised properly. He said that the applicant has been advised and it -has been scheduled for next months Planning Commmssion meeting. CLAIMS WR DAMAGES Council acknowledged receipt of a Claim for Damages from Bill L. Bishop. This was referred to the City Clerk for processing. There being no further business to come before council,.the meeting was adjourned at 11:00 P.M. IRENE VARNEY MORAN, City Clerk H. HARVE HARRISON., Mayor December 2, 1974 - COUNCIL BUDGET HEARING ROLL CALL The meeting was called to order by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center at 7:45 P.M., with all council members present except Shippen. BUDGET HEARING In accordance with State Statutes,.hearing was held on the Final Budget for the City of Edmonds for the year 1975. 0