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19750930 City Council Minutes33.3 CONTINUATION OF DISCUSSION ON BUILDING HEIGHT AMENDMENT 1 40 The City Planner pointed out that at the July 29th City Council meeting a motion was made to refer this matter to the Planning Commission, and it is on their agenda for tomorrow evening. He said at the present time the allowable building height is 401-, except in RS-20 where it is. 35 feet. He pre- sented charts which indicated the new proposal and explained the mechanics involved in determining the building height. Mayor Harrison commented that every time the city makes things more restrictive we are condemning property without compensation.- He said he questions whether this can hold up. The City Attorney said that this can hold up and is a proper exercise of the police power for the public health and general welfare and safety, and as such, even though it does impose restrictions on the use, because it is under theeexercise for the general welfare,, it does not create a compensable taking. Mr. Wallace said that the use of the police power to restrict buildings as to height, volume to the affect that they have on abutting porperty owners is not tantamount to an inverse condemnation. The Mayor stated that he does not feel that the city should get into the business protecting views and that each individual can protect his own view by purchasing the property and putting a restrictive covenant on it. A lady in the audience said that there has been a home constructed next to her property that is 30' high with a flat roof that restricts view, sunshine, air flow, etc. and she hoped that in situations such�as,this the city would intercede. City Planner, Joe Wallis, pointed out that there is a public hearing on this matter tomorrow evening before the Planning Commission. PROPOSED ORDINANCE LEVYING TAXES FOR 1976 The City Attorney said that this is the annual ordinance which sets the general property taxes for the city and provides for the collection of same. He said that the total is less than last year, as MOTION: one of the bond issues has been retired. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO PASS ORDINANCE #1791. MOTION CARRIED. , A MOTION: ACCEPTANCE OF WATER MAINS CONSTRUCTION CONTRACT AS COMPLETE BY DI ORIO CONSTRUCTION COMPANY AND ESTABLISHING A 30 DAY LIEN PERIOD. City Engineer, Leif Larson, sd d that he would recommend continuance of this item until the 7th of October, because there is some restoration work yet to be done by the contractor. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON THAT BASED ON THE ENGINEER'S RECOMMENDATION ITEM #11 BE CONTINUED TO OCTOBER 7TH. MOTION CARRIED. There being no further business, the meeting was adjourned at 9:00 P.M. IRENE VARNEY MORAN, C' y Clerk H. &HARRISON, MAYOR - September 30, 1975 (Work Meeting) ROLL CALL The regular work 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 ex- cept Clement and Gellert, who had both notified the City Clerk. APPROVAL OF MINUTES The minutes of the meeting of September 23, 1975 had been posted, distributed and mailed. The Deputy City Clerk noted that on page 2, the item regarding the Fishing Pier should say that the "......unloading space northwest of Dayton and Railroad Avenue is being considered for sale at a probably sales price of $2.50/s.quare foot." 'In the third line from the bottom'in the same paragraph there should be insedrted "and Mr. Garretson said that......". The minutes were then approved as corrected. COUNCIL PARTICIPATION Councilwoman Shippen said that she had noted that Skipper's Fish and Chowder House had been granted a liquor permit for a location on the foot of Main Street. She wondered about the impact on traffic in that location. She asked the City Attorney if there were any provision for council review of a structure of this kind in that location. Mr. Wallace said that the zoning provisions and the Amen- ities Design Board rule in these matters. Mayor Harrison said that he had invited Al Kincaid, President of the Edmonds Chamber of Commerce to report this evening on the auction held on the 27th. Mr. Kincaid said the. the Chamber would like to express its thanks to members of the council and the administrative staff for the help on the auction. He said that they made more than they did in.the previous two years. He'said that he would like the council to consider two propositions. He said that they have'about $600.00 that they could use for two projects in the downtown area. One of the items was the improvement of the fountain at 5th & Main and the other was the possibility of installing a bench somewhere in the vicinity of 5th and Main. Mr. Kincaid also reported that the Hanley Cabin will be ready within the next 30 to 60 days. The fountain and bench item was discussed briefly with Mr. Kincaid saying that he will be looking into the cost of concrete benches within the next few days. COUNCILMAN NORD- QUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO PLACE THIS ITEM ON THE AGENDA FOR OCTOBER 21ST FOR CONSIDERATION AND ACTION. Mr. Kincaid said that theywould like to have a decision as soon as possible so that they can make arrangements for the Christmas Season. MOTION.CARRIED. Mayor Harrison said thas he had received a request. -,from the PACC that the council hold a hearing MOTION: on the consideration of the creation of a recreation district. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN BRUNS TO DISCUSS THE POSSIBILITY OF CREATING A RECREATION DISTRICT ON THE 14TH OF OCTOBER. CARRIED. 334 • CORRESPONDENCE Deputy City Clerk, Eleanor Quealey, read a letter received from H. J. Nicholson requesting that his hearing be postponed as he will be having surgery at the scheduled time. COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN NORDQUIST THAT'fTHE HEARING ON THE APPEAL FROM THE AMENITIES DESIGN BOARD DECISION - H. J. NICHOLSON BE POSTPONED TO NOVEMBER 4TH. MOTION CARRIED. Councilman Nordquist said that since this item was being removed from.the October 7th agenda, he would like to revise his previous motion and discuss the Chamber of Commerce that evening. MOTION: COUNCILMAN NORDQUIST THEN MOVED, SECONDED BY COUNCILWOMAN BRUNS TO CHANGE THE PREVIOUS MOTION AND HEAR THE CHAMBER OF COMMERCE MATTER ON THE 7TH OF OCTOBER INSTEAD OF OCTOBER 21ST. MOTION CARRIED. DISCUSSION ON JUNIOR HIGH PROPERTY (REPORT ON INTEREST GROUPS, MAINTENANCE COSTS AND PROJECTED REVENUE Rod Garretson, Director of Parks and Recraation, distributed a written report regarding the costs and revenues projected for the operation of the facility. He said that he had based the expenses on the School District rental rates for the coming school year. In that rate they have included heat, light and maintenance costs. He said that it appears that we can cover our expenses based on the revenue expected from the various activities. Mr. Garretson said that they have determined that they will have to charge each person 300 per visit for the use of the facility and 200 for the staff, making a total of 500. He said that the city would be doing the custodial work, but that some of the user groups do their own custodial work in order to get a lower rate. Mr. Garretson said that we will haveYto look at some liability coverage for this building. Councilman Nordquist asked about personnel to oversee scheduling, etc. Mr. Garretson said that the scheduling will probably be done by the Recreation Supervisor. He said as far as janitor service is concerned a man for one-half a day would suffice. Mr. Kingsberry from Edmonds Community College said that they have been looking for a place for some of their physical education programs. This would be from 2 P.M. to 5 PM. Mayor Harrison read a list of organizations that would be using the facility: the Edmonds Recreation Department, the Community College for the gyms during the daytime, two preschools, the Arts Festival, S.E.T. and the Jaycees. It was thought that a room would-be rented for about $50a00 to $75.00 per month. Councilwoman Shippen asked the City Attorney if it would be possible to negotiate a contract that has a clause that you can re -open the contract to extend the length of the term. Mr. Wallace said that by mutual agreement -you can revoke a lease and execute a new one. The Mayor commented that the School District has indicated that they would like to commit the use of the building for a period of ten years. A lady in the audience said that they think it would be feasible to hmld their Arts Fes- tival there. A gentleman from the Cascade Symphony said that they would again like to use the Junior High if it is put back.in shape. He said that a piano would like to be furnished, with a stage, risers, extensions and curtains in good condition. He also stressed the importance.of having a responsible person to do the scheduling. Laura Hall wondered about the cost of the facility. Councilwoman Shippen said that there is a possible source of money - the Bicentennial Heritage Bond Issue - which comes before the legislature in January. This is for the capital construction of cultural facilities. Mr. Garretson felt sure that the facility would be self-supporting. Mayor Harrison wondered if we could go into this with the School District on a trial basis for a year. A lady in the audience asked whether the library would be involved in this facility. The Mayor said that this is a separate study at this stage. Councilwoman Shippen commented that she felt we could not get a really accurate picture of the costs and revenues until we do administer the MOTION: facility for awhile. SHE THEN MOVED, SECONDED BY COUNCILMAN ANDERSON THAT THE MAYOR BE AUTHORIZED TO NEGOTIATE WITH THE SCHOOL DISTRICT THAT EDMONDS ASSUME THE ADMINISTRATION OF THE JUNIOR HIGH SCHOOL FACILITY UNDER THE CONDITIONS THAT THE SCHOOL DISTRICT MAINTAIN THE EXTERIOR AND THE WINDOWS OF THE FACILITY. MOTION CARRIED. CONSIDERATION OF DECORATIVE LAMPS ON 5TH FROM MAIN TO ALDER OR MAPLE City Engineer, Leif Larson,'presented a written report to the council on this matter with estimated costs. There was general discussion of the various proposals, but no decision reached at this time. • Councilwoman Shippen said that the question would be whether we would want to use the money left in MOTION: the undergrounding fund for that, or use part of it for ornamental lighting. SHE THEN MOVED, SECONDED BY COUNCILWOMAN BRUNS TO CONSIDER THE MATTER FURTHER AT THE MEETING ON THE 21ST OF OCTOBER. CARRIED. WATER SUPPLY: WOODWAY/UNION OIL HILL-EDMONDS/OLYMPIC VIEW AGREEMENT DISCUSSION City Engineer, Leif Larson, reviewed the history regarding the present problem. He said that now Olym pic View Water District has annexed Woodway from a water supply standpoint. They have now re- quested that Edmonds consider allowing them to connect to Union Oil's line to serve these residents. Mr. Larson recommended that this be done on a temporary bhsis pending Olympic View Water District c developing a comprehensive water plan for the Town of Woodway, with the idea that they would try to supply the residents themselves. Councilman Nordquist said that he would hate to see Edmonds s residents suffer because of this. Mr. Larson said that there would be just,10 to 12 residences involved and it can be metered. He said that when it is outside of the city, the rate is one and one-half times the rate. Mr. Larson said that the connection could be to the Union Oil 4" line, which has been abandoned, or the Union Oil 8" line. Councilman Welling said that he felt he could not agree to this unless they'pay'a connection charge as the contractors have to do in Edmonds. More discussion ensued. The Mayor suggested that we make an offer based on the Engineer's recommendation, plus the $200 connection charge. Mr. Larson said that this would involve the residents abutting MOTION: Highland Drive. COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN NORDQUIST THAT THE MAYOR BE AUTHORIZED TO EXECUTE AN AGREEMENT WITH OLYMPIC VIEW WATER DISTRICT, PENDING APPROVAL OF UNION OIL, J TO SUPPLY WATER TO THE RESIDENTS OF WOODWAY ABUTTING HIGHLAND DRIVE AT OUR ESTABLISHED RATE FOR THOSE OUTSIDE THE CITY, PLUS A CONNECTION CHARGE OF $200.00 CARRIED. • REPORT FROM ATTORNEY ON EXPLANATION OF CITY'S RIGHTS RE DOCES & STATE RIGHT-OF-WAY 335 City Attorney, John Wallace, reported that this was a piece of property that was swapped between the State and Doces during a condemnation action. He said that under applicable State Laws the State has an absoluteright to do so and the city has no right of first refusal. In this particulw case, the State did elect to sell to the abutting owner under the State Statutes, a Governor's Deed has been approved, issued and recorded. He said that any police action would not be by the City of Edmonds, but"by the State Highway Department. .Councilman Nordquist had a map supplied by the State Highway Department which he.displayed to the Mayor and Council,.which indicated.this... There was some further discussion. PRELIMINARY PLATS - HIGGINS ADDITION #2 The City Attorney adstised the council that if the council wishes to change or modify this proposal in any way, they will have to set the matter.for public hearing. The City Planner reviewed action taken to this point. He projected the zoning map, comprehensive plan and several views of the pro- perty inquestion on the screen. He said that the applicant has requested that the provisions or Ordinance #1775 be applied in order to preserve trees by adjusting the sideyard setbacks. Mr. Wallis recommended approval, subject to tree cutting restrictions,with replacement of any trees 8" or larger that are removed. Mr. Wallis stated that the applicant would be required to enlarge one lot which is already in excess of the nquirement, if he were to comply with the code. It was pointed out that there eras a hardship in that he would have to either alter the structure or forfeit the lot. The City Attorney and the City Planner reviewed the criteria for granting a variance, which is the same criteria to be considered in granting a modification under the new Subdivision Code. There was some discussion and concern regarding 92nd which would be a half street in this -area. It was pointed out that there has been some indication that there could be a full street by the -time the project goes through. MOTION: Follewingwsome more comments, COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN WELLING THAT THE PRELIMINARY PLAT OF HIGGINS ADDITION #2 BE APPROVED, SUBJECT TO ENGINEERING REQUIREMENTS AND APPROVAL • OF MODIFICATIONS REQUESTED. THE MOTION CARRIED FOLLOWING .A ROLL CALL VOTE WITH COUNCILMAN NORDQUIST VOTING AGAINST. CLAIMS FOR DAMAGES Council acknowledged receipt of the Claim .for Damages from E.C. Collier. This was forwarded to the City Clerk for procesing. MOTION: There was some discussion of the work .meeting agendas. COUNCILMAN'NORDQUIST MOVED, SECONDED BY COUNCILWOMAN BRUNS THAT THE STAFF BE ENCOURAGED TO REFRAIN FROM PLACING PLATS AND OTHER SUCH ITEMS ON -THE WORK MEETING AGENDAS. CARRIED. There being no further business to come before council, the meeting was adjourned at 10:00 P.M.* .IRENE VARNEY MORAN, Wty Clerk H. H..HARRISON, Mayor • 1 October 7, 1975 ROLL CALL The regular meeting of the Edmonds City.Council was called to order at 7:30 P.M.'in the Council Chambers of the Civic'Center by Mayor Harve Harrison, with all council members present. APPROVAL OF MINUTES Minutes of the meeting of September 30 had been posted, distributed and mailed. Councilwoman Shippen noted that on page 2 under the discussion of the Junior High School property, her motion to authorize the Mayor to negotiate with the School District for Edmonds to assume.the administration of the facility should include the phrase "for a.period of 10 years'.'. The minutes were then approved as corrected. COUNCIL PARTICIPATION Councilman Nordquist,.in answer -to a memo received from the City Engineer in regard to MOTION: item 12 on tonight's agenda, made the motion to delete this item. Motion was seconded Shippen, and carried. This was the acceptance of water -mains by DiOrio Construction, this date, the contractor had not completed the punch list items. deletion of by Councilwoman since as of Councilman Nordquist'commented.on action taken by council at the July 22 meeting,.where ten trees at $70 per tree were to be.purchased by the people at the 7th and Elm property area. $350 was collected, and now that the work is nearly complete, he would like to see the remainder of the funds, as specified.in the motion. Councilman Gellert commented on the notice of the meeting of the PSGC, and.noted that a letter should be sent to them, informing them that no"one from.the council could attend that joint meeting, since it was set for a council Might. He felt this should be taken into consideration by them when meetings are scheduled." Councilman Gellert brought up the question of Steinman's Addition and the gravel placed in the right-of-way following the illegally graded area. He reported that he had received calls from people concerned about this now being used as a motorcycle raceway. City Engineer Larson explained \.J