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19750819 City Council Minutes610 undergrounding. It was Mr. Larson's recommendation that we proceed and•authorize the attorney to prepare a resolution for a hearing on the L.I.D., with the entire cost to be borne by the property owners in the plat. He has asked the P.U.D. and the telephone comp4ny;� for some costs on this basis. There was some concern expressed about giving the property owners an idea of the cost before going through4the whole process. Mr. Wallace said that this comes out at the preliminary assessment roll hearing and at that time it is decided whether or not to go MOTION: forward with the project. Councilman Nordquist moved, seconded by Councilman Welling to instruct the City Attorney to prepare a Resolution of Intention for an L.I.D. in which it is stated that 100% be paid by the property owners and setting October 7th as the date for hearing on theprelimina assessment roll. Following discussion, the motion was voted upon and carried.. CONSIDERATION OF BICENTENNIAL TREE AND BEAUTIFICATION PROJECTS Rod Garretson, Kirector of Parks and Recreation, showed the council some sketches of the various tree projects. Drawings had been done.by Mary Michaels, of the Planing Department.. These were reviewed and discussed by the Mayor and council. There was an estimated cost of $70 installed for each tree, which was thought to be --too high. Mr. Garretson did not know the.basis for their _ estimate. Mary Anne Gipson of the Beautification Committee said that it is their recommendation that the 5th Avenue Project be used as the.basis for the grant application. Their second choice would be Edmonds Way and the third, the Senior Center. A lady from the Algona Garden Club suggested the completion of the Main Street plantings from 9th Avenue to the top of Maplewood Hill. She suggested this as one of the projects to consider. The Mayor thought it would be good to make application fora large project with priorities and get as much money as we can. MOTION: Councilman Gellert moved, seconded by Councilwoman Bruns to apply for 5th Avenue from Dayton to Elm as Priority #1; upgrading Main Street from 9th to top of Maplewood Hill as Priority #2; the Senior Center as Priority #3 and the James Street Walkway to the Senior Center as Priority A. Following some comments the motion was voted upon and carried. REQUEST TO SET BID DATE FOR CONSTRUCTION OF STORM SEWERS VICINITY OF MAIN AND 86TH PLACE W. • Mr. Larson requested the bid date, saying that the preliminary estimates are Auite high. He MOTION: suggested going ahead with the bids and making a decision at that time. Councilman Gellert moved, seconded by Councilman Nordquist to set the bid date for August 28th. Motion carried. COUNCIL PARTICIPATION Councilman Nordquist mentioned that on the last page of the minutes from last week re/the 228th UAB that several people were to meet with the UAB. It was noted that "Rod" should have been "Ron". Councilman Nordquist volunteered to participate in this meeting. Councilman Anderson stated that he will be absent on the 26th of August. Councilman Anderson asking about the planting of the islands in Edmonds Way. Mr. Larson said the contract agreement has just beenexecuted by the Stated with the city and the islands will be planted in the Fall. Councilman Gellert asked if the job on the water system has been accepted yet. He thought Engineering should check Meadowdale Beach Road as the crossings have been done in a very poor way. Mr. Larson said they are aware of the situation, and it is being taken care of. Councilwoman Shippen noted that letter from the Soil Conservation Department said that in order to use 7th & Eim as a park and to plant new species of trees, the site would have to be drained by open ditch. She asked if we were prepared to do that. Rod Garretson said that the soil engineer was concerned about whether there would be very much foot traffic, which would bring water to the surface and create a mud problem. There was discussion on what -types of trees would grow there. Leif Larson said that cedar trees Aill grow where alder trees are. Mr. Garretson said they would like to plant low -profile trees and it has been indicated that several varieties will grow there, including vine maple and dogwood. There was general discussion on the runoff problem, pos- sible slides and the hiring of a professional soils engineer. It was decided to proceed with the hiring of a soils engineer. Mayor Harrison asked what fund the money should come from. Councilman Welling noted that it is Water Department property. DISCUSSION ON HAINES-LANDBERG PROPERTIES MOTION: Councilwoman Shippen moved, seconded by Councilman Anderson to instruct the attorney to prepare a resolution to include the Haines-Landberg properties in the Comprehensive. Park Plan. Mr. Garretson said there is an official Comprehensive Park Plan that was approved by the council in 1973. Following further comments, the motion was voted upon and carried. The attorney reminded council that a representative from the IAC will be here next Tuesday at 3:30 P.M. There being no further business, the meeting adjourned at 10:45 P.M. H. 11. H511dSON, Mayor August 19, 1975 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. All council members were present, except Clement, who was on vacation. s 40 • APPROVAL OF MINUTES Minutes of the meeting of August 12th had been posted, mailed and distributed. Councilman Gellwt said -that under the item discussing reserve funds for fire and other equipment, he had asked Chief Cooper to provide the council with figures as to what the amount for an annual reserve would be using the same rules as the other funds are using. The minutes were then approved as corrected. AUDIENCE PARTICIPATION Rod Garretson, Director of Parks and Recreation, distributed a copy of the report.he had re- ceived this date -from the soils engineer that had looked at the 7th and Elm property. The report said that the removal of the alders and planting of other such trees would not materi- ally affect the site with respect to mud slides. It said further -that it would not be possible to say that the site would not at some time experience some sliding, but that the removal of the alders and the planting would not increase the slide potential.. Councilman Gellert said that he had met with Dr. DiLiese and he had expressed concern about possible physical damage during the actual tree removal. Mr. Garretson said that if certain trees cannot be removed by city crews safely, then they will not be removed. It was decided to proceed with the work and Mr. Garretson was asked to alert the residents when -the work is to be done. HEARING ON PETITION FOR VACATION OF'PORTION OF ELM BETWEEN 5TH AND 6TH The City Planner said that the applicant in this case is the staff and the type of application is an amendment to the Official Street Map, and the basis is a petition by a property owner. -The matter was heard by the Planning Commission on -the 28th of May, 1975. He referred back to the minutes of that meeting when the Assistant City Engineer made the presentation. He said that this access is no longer needed. It was the recommendation'of the -staff and the Planning Commission that -it be vacated for this reason. Councilman Gellert asked if the pro- perty could be sold back. The City Attorney said that if the council wants to sell it back, • it would call for an appraisal and it would then be sold back at one-half the fair market value. The hearing was then opened. No one wished to speak, and the hearing was closed. MOTION : ' Councilman Gellert moved, seconded by Councilman Anderson to instruct the staff to obtain an appraisal on this property; and to instruct the attorney to prepare an ordinance for vacation and sale to be heard the first hearing on the 14th of October. Motion carried. HEARING ON PROPOSED ORDINANCE RE/PLAT CHECKING FEES City Engineer, Leif Larson, stated that due to increased costs, the consulting firms that have been doing this work for the city -have asked that the fees be raised. The proposed ordinance calls for the fee to be increased from $5.00 per lot to $8.00 per lot, with a MOTION: $50.00 minimum charge. Councilman Nordquist moved, seconded by Councilman Welling to pass Ordinance #1784, changing the subdivision fee from $5.00 to $8.00 per lot. Motion carried. (The hearing had been opened, but no one wished to speak, so it was then closed.) APPROVAL OF PRELIMINARY PLAT - VIEW CREEK ESTATES City Planner, Joe Wallis, reviewed the hearings and action taken on this -matter to date. It was subsequently approved, but with some restrictions. They were that the street would be a 40' right-of-way with 24, of paving (which conforms..to the recommended standards that will be coming to_the council); that the runoff be restricted to l cu. ft. per second over the present runoff and modifications on lots 2 and 7 for a -reduced minimum lot width. Mr. Wallis then showed various slides of the property, He recommended approval, subject to engineering re- .quirements in addition to the required tree cutting restrictions. It -was -recommended that a conifer or like species be planted for each-tree-8" or larger in diameter that is removed. Councilwoman Shippen asked if the building envelope on lot.6 would still be of sufficient size if a path to the park was_required there. Mr. Wallis said it would be large enough. • If it came -off lot 5, it would reduce the minimum lot size. It was pointed out that the interior access to lot 2 was due to the severe topography. Councilman Well asked why this is classed as an environmentally sensitive area. Mr. -Wallis said it could be a -that matter of dampness, slope and slides as far as the soil is concerned. Rod Garretson said that he and the Park,Board would like the developer to providea 5' pedestrian access to the park, primarily for the residents of Fredrick Place. He®said that they realize that any time you develop an area such as this there -is -some impact on the neighborhood, but they feel that we must accept this so that our residents can enjoy the -amenities we have. Mrs. Shippen asked if this would complete the development of Fredrick Place. The Planner said that there are several vacant lots, but he did not know if they could we further -subdivided. Attorney, Bill Wilson, said that he -had been asked by Dr. Wiskie and his partner, Buck Clay, to speak regarding the pathway. He said that Dr. Wilskie has planned a residence.himself on either lot 5 or 6, and does not wish to have a public pathway put through the subdivision. He said that he has reviewed the minutes -with regard to this matter when it washeard before the Planning Commission, staff and the council. Mr. Wilson said that.it had been noted ' that there has been much cooperation from the developer -in working with the city and the residents to get a plat that would be good for everyone concerned, and he believes this has been done. He wondered if the pathway requested could be labeled a public use and necessity. He said there is adequate access less than half a -mile away. Dave Derleth, 8223 Fredrick Place, spoke in favor of the access and m6ntioned-that persons in -this subdivision would also benefit from this access and another which gives them access to the beach. Mr. Derleth indicated the area under discussion with the aid of an overlay projected on the screen. Councilman Anderson asked if the northwest corner of the county park would be subject to de- velopment -of an access from Talbot Road. Mr. Garretson said that the Park Board is going to request Snohomish County to set aside that corner of the park for use by the City of Edmonds as a neighborhood parka He said this would require some negotiation with the neighboring„pro- perty owners. A great deal of discussion followed regarding the park and the access. Dr. Wilskie said again that he thought it would-be unfair to require him to provide access, and 320 n that he did not want horses, motor bikes, etc. going by.his property. The City Attorney said offset iron bars could be used on the pathway so that horses and motor bikes cannot MOTION: get through. Councilwoman.Shippen moved, seconded by Councilwoman Bruns that the City Council approve the preliminary plat of View Creek Estates with the conditions outlined by the Planning Commission, plus the provision of a 5' pedestrian right-of-way on the west side of lots 2 and 3 because it is in the public interest to provide a pedestrian walkway to a major park which has no westerly right-of-way to that park. Councilman Gellert- then moved to amend the motion, with a second by Mrs. Shippen, that the subdivision be modified in such a way to allow the access easement to be used as part of the property in determining the minimum lot size of lots 2 and 3 and also determining the minimum setbacks of lots 2 and 3. The City Attorney said that an easement for pedestrian access would not have to be ex- cluded in computing lot area. Councilman Gellert then withdrew that :.motion with the concurrence of -the second. AMENDMENT: Councilman Gellert then moved to amend to limit the easement to pedestrian access eliminating specifically any vehicles and any horses. Councilwoman Shippen seconded. The amendment was voted upon and carried. Councilman Anderson asked the developers if they would proceed with the subdivision if the motion passes. Mr. Clay pointed out that this is a partnership and he would have to discuss this with Dr. Wilskie. Mayor Harrison called a recess in order to allow these two gentlemen to confer. When the meeting reconvened, Mr. Wilson said that there was no further objection except the ones already stated, but that there was a suggestion for a further amendment. There was also the question of -legal responsibility if an accident happens on the 5' easement. City Attorney, John Wallace, said that once it is; dedicated to public use, so long as it is utilized in that capacity, it becomes a municipal responsibility for the maintenance. Therefore,. if someone were injured, the lack of maintenance could lead to municipal liability. AMENDMENT: Councilman Gellert made a further amendment that if the County Park is ever developed either • as a golf course, or for any non-public use, that this easement is to revert back to the pro- perty owners as we would not want a short cut to the golf course through this property. Coun- cilman Anderson seconded. The amendment was then voted upon and carried. The main motion, as amended also carried. REPORT BY GOLF COURSE STUDY COMMITTEE There was no one present to speak on this matter. Rod Garretson.said that he would discuss it with the Park Board and get thair feelings on the proposal. Mayor Harrison said that he would contact the proponents and see what time they have available. PLAT OF MEADOWDALE ESTATES City Planner, Joe Wallis,•reviewed the action that has taken place with regard to -this item. The applicant is Merl Steinman. He said that the application was denied twice, one of the reasons being some unusual circumstances at 172nd. It is located northeast of Meadowdale Beach Road approximately where 172nd would be. Mr- Wallis showed slides of the project and the vicinity. He also displayed a drawing which indicated where there would be some cuts and fills and where drainage ways and catch basins would be located. Councilman Gellert asked if 172nd was a dedicated right-of-way. Mr. Wallis said it was. Councilman Gellert then said this meant that the applicant has been bulldozing on city property.. Mr_. Wallis indicated that this was correct. In summarizing, Mr. Wallis said that the site is topographically severe, heavily wooded -and there are drainage ways that traverse the site. He said that the applicant began work on the site cutting and filling substantial quantities prior to approvals or permits, and the engineering statement includes the statement that the drainage is critical and must be adequately addressed.. Mr. Wallis recommended that the application be approved with the imposition of tree cutting restrictions, as well as the engineering require- ments and resolution of the street toward the south. He said there is some question in the • minutes about the slope of the staet which is quite severe, however it is within the standards adopted by the city. It was indicated that the council had received copies of letters from Mr. and Mrs. Eugene Lewis and Mr. and Mrs. John V. Wilson objecting to this subdivision, par- ticularly with respect to the proposed 172nd, the steepness=of the road and the difficult access for fire equipment. Tom Carns, a member of the Planning Commission, said that his concern with this particular subdivision is that if a fire ever got going here it would be quite difficult to get fire equipment in there. He said he believes that it would be deleterious to the public health and safety to allow this development to occur. He thought perhaps the developer could find an alternate route into this property. The action taken at the Planning Commission Meeting of July 23rd was discussed at great length. City Engineer, Leif Larson, stated that there is to be a hearing establishing the grade on 172nd which is scheduled for next week. Mr. Larson said that there are two things that should be resolved before final approval. One is .. approval of the grade plan and the other is approval of the revised street standards by the City Council.:'. He said that he can't see how the plat could be approved prior to the approval of these two items. The City Attorney, said that they could not be approved and permitted to go ahead, but that it could be approved subject to the passage of the two items. The Planning Commission had approved the plat subject :to the adoption of the street standards. Mr. Larson said that the developer should also be providing catchment areas to restrict drainage. Mr Roberts the engineer for the developer explained how the drainage would.be taken care of and that they plan to -take care of it on the site. Mrs. Eugene Lewis wondered if this might not have been looked upon differently had not the bulldozing taken place on the property. Mr. Larson said that there should have been no work done in a city right-of-way without an In- vasion of Right -of -Way Permit, which was not obtained. 'Furthermore; he said, on anything involving plats or commercial development there is supposed to be a submission of plans and designs for review and approval prior to commencement of any work. These should be approved _ by the City Engineer, and this also was not done. Mr. Steinman was asked to explain how he came to start the work in this manner, which he did. He said that the site was do dense that you could not see what the grades were, etc. He felt that the city was aware that they were working on the site. Mr. Harris who said that he lives 165' east of the proposed access road said that he has walked the site many times, and he did not consider it so dense that you could 3'2 1 not walk there. He was also concerned about the steepness of the road. Following some discussion, Councilman Gellert said that he has never seen such a flagrant disregard for city regulations as has been evidenced here. Mrs. Wilson asked if there is a fine«for doing the work that has already been done on the property.* Mr. Wallace answered that Mr. Steinman has violated two ordinances and is subject to a maximum fine of $250 and/ or 90 days in jail. He said that Mr. Steinman has been advised, and has done his best to bring himself into compliance. Mr. Wallace said that in the event that the plat is not approved, Mr. Steinman will be requested to take corrective measures on what he has done in the way of re -seeding, etc.. Mr. Wilson suggested coming into the plat the other way. MOTION: Following some more discussion, Councilman Anderson moved, seconded by Councilman Gellert that the preliminary plat of�Meadowdale Estates as passed by the Planning Commission'be denied on the basis of severe topography, dranage and grade problems, from which arise a hazard to life and safety by reason of fire protection problems. Motion carried. SECOND READING: PR6POSED,0RDINANCE TO PROHIBIT PARKING ON PORTION OF 76TH AND 220TH Leif Larson reported on this item and said that there will be turning and holding lanes there. He said that in order to operate the signals correctly with the detection systems we have, we need to get the vehicles in the lanes at the signals. Councilman Nordquist did not believe it MOTION: was necessary to restrict parking yet. Councilman Anderson moved, seconded by Councilman Gellert to pass*Ordinance #1785. Councilman Gellert favored the ordinance because of the amount of trafficegenerated from the hospital and the high school,. The motion carried, with Councilman Nordquist voting against. FIRST READING: PROPOSED ORDINANCE RELATING TO'POWERS OF ARREST The City'Attorriey said that this proposed ordinance is for the purpose of,giving police officers the -power to arrest for misdemeanors in other than the situation where they are committed .in • the presence of the arresting officer.,: This is in accordance with a new State Law. The matter will come before council for second reading next week. Councilman Welling did, however, speak against theordinance. PROPOSED ORDINANCE REDUCING THE SPEED LIMIT ON'6TH BETWEEN PINE AND WALNUT AND ?5TH PLACE WEST FROM MEADOWDALE-ROAD TO COUNTY PARK. Chief Foster said that these two areas have been posted at 15 miles per hour, but the State Law says that the local authority is not to reduce the speed to less than 20 miles per -hour. This ordinance is, therefore, for thepurpose of bririging,this into conformance with the State Law. The matter will come on -for second reading next week.' INTERLOCAL AGREEMENT -FOR LAKE BALLINGER REHABILITATION " MOTION: Councilman Anderson moved, seconded by Councilwoman Bruns that the Mayor be authorized to sign the Interlocal*Agreemeht for Lake Ballinger Rehabilitation: Motion carried. RESOLUTION-Z­OF'INTENTION FOR UNDERGROUNDING - GLEN,.ELLEN VIEW`TRACTS MOTION: Councilman Nordquist moved, seconded by Councilman Anderson to pass Resolution of Intention #243, which set the preliminary assessment roll hearing for October 7th. Motion carried. - COUNCIL PARTICIPATION MOTION: Councilman Nordquist moved, seconded by Councilwoman Shippen to move the Council Participation item back up on the agenda to Item #3. Motion carried. Councilwoman Shippen asked the'Engineer if he had,.discussed the storm drainage in the new indus- trial park development with Cabot, Cabot and Forbes. He said that the Assistant City'Engineer has been working on this. He is now on vacation, but Mr. Larson said that he will look into it-. Mrs. Shippen asked the City Planner if'we have ever received official notification that our designation of "natural" for the swamp was denied. He said we canexpect this in mid -September. Councilman Gellert said we were offered the opportunity to put our agendas on Cable TV. He thought this should be considered. Mayor Harrison thought that Cabot; Cabot and Forbes should be encouraged to put in a new frontage road so that traffic canunload on Pine' instead of at grid and Dayton.' Engineer'Larson said -that he had indicated to them that there would be a traffic impact, especially at the inter- section of Dayton and'Sunset.. CLAIMS FOR DAMAGES r Council acknowledged receipt of a Claim for Damages from Gladys C. Wilson. This was referred to'the City Clerk for processing. 4 The meeting adjourned at 11:00 P.M. IRENE VARNEY MORAN, Ci Clerk H. H.0-tI&SMayor Y