19770628 City Council Minutes92
MOTION:
a wage increase, although the City had not been paying this into Social Security for firefighters
and that it would not be used in any collective bargaining. Councilman Carns advised him that
the City will not bring it up in any future negotiations, nor will -the Firefighters' Union do so.
Ken Estes then distributed copies of the Union Agreement of Nonnegotiabil'ity which had been signed
by the union representatives. This was acceptable to the Council, and A MOTION WAS MADE BY
COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, THAT THE FOLLOWING ACTIONS BE TAKEN:
(1) THAT -ORDINANCE 1922 BE ADOPTED, TRANSFERRING CITY EMPLOYEES FROM SOCIAL SECURITY TO MEBT:
(2) THAT THE CITY CLERK BE INSTRUCTED 70 CERTIFY THE ELECTION RESULTS OF THE EMPLOYEES VOTING TO
WITHDRAW FROM SOCIAL SECURITY AND TRANSFER TO MEBT: (3) THAT A COPY OF THE MINUTES AND THE
ORDINANCE REGARDING THIS ACTION BE SENT TO THE GOVERNOR: (4) THAT THE MAYOR BE AUTHORIZED TO
EXECUTE THE JOINDER AGREEMENT: (5) THAT THE MAYOR BE AUTHORIZED TO EXECUTE -THE CITY OF EDMONDS
EMPLOYEE BENEFIT PLAN: (6) THAT THE MAYOR BE AUTHORIZED TO EXECUTE THE UNION AGREEMENT OF
NONNEGOTIABILITY. MOTION CARRIED.
There was no.further business to come before the Council, and the meeting was adjourned at 9:50 p.m.
IRENE VARNEY MORAN, 87ity Clerk
June 28; 1977
H.-H. HARRISON, Mayor
The regular meeting of the Edmonds City Council was called to order at 7:35 p.m. by Mayor Harve
Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute.
PRFUNT
Harve Harrison, Mayor
Ray Gould
Phil Clement
Max O611 ert
Robert Anderson
Tom Carns
Mike Herb
CONSENT AGENDA
(7:36 p.m.)
ABSENT
STAFF PRESENT
John Nordquist J. Herb Gilbo, M.A.A.
Leif Larson, Public Works Director
Joe Wallis, Community Development Director
Irene Varney Moran, City Clerk
Marlo Foster, Police Chief
Jack Cooper, Fire Chief
Dick Allen, Assistant City Engineer
John Wallace, City Attorney
Wayne Tanaka; City -Attorney
Jackie Parrett, Deputy City Clerk
Councilman Carns asked that Item (D), Proposed Drainage Ordinance, be removed fwom the Consent
MOTION: Agenda. A MOTION WAS MADE BY COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN GOULD, TO APPROVE THE
BALANCE OF -THE CONSENT AGENDA. MOTION CARRIED. The balance of the Consent Agenda contained the
following:
(A) Roll call.
(B) Approval of Minutes of June 20, 1977.
(C) Adoption of Ordinance 1923, allowing caretaker dwellings in CG zones.
(E) Referral to Planning Commission of proposal to vacate excess right-of-way
on 80th Avenue West.
PROPOSED DRAINAGE ORDINANCE (Item (D) on Consent Agenda)
Councilman Carns said that in discussing this with the developers at last week's meeting it appeared
that one of their concerns was not alleviated. Public Works Director Leif Larson responded that this
MOTION: had been taken care of by deleting paragraph (4) of Section 11. A MOTION WAS THEN MADE BY COUNCILMAN
CARN.,,S.E-CONDED BY COUNCILMAN GELLERT, TO ADOPT ORDINANCE';1924, DRAINAGE ORDINANCE. MOTION,CARRIED.
COUNCIL,. (7:38 p.m.)
Councilman Gellert asked how the Drainage Manual would be implemented. Mr. Larson responded that
they would be utilizing the URS drainage manual and also the King County drainage manual.
Councilman Gould i.nquired about a letter which had been received from Karl Niggol, and Mayor Harrison
said it had been referred to the Public Works Director before being presented to the Council.
Councilman Gould also inquired about the meeting place for ,the Executive Session scheduled for
July 5. Councilman Clement announced that the meeting would be at the Riviera Restaurant, at 5:30 p.m.
MOTION: July 5. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CLEMENT, THAT IN ORDER,TO
KEEP THE PUBLIC INFORMED, THE ADMINISTRATIVE STRUCTURING OF THE CITY BE MADE AN AGENDA ITEM FOR
THE JULY 5 COUNCIL MEETING. MOTION CARRIED.
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June 28, 1977 (Continued)
9 3:'
1
Councilman Clement asked that
discuss the rate to be charged
was agreed that this would be
the Parking Commission be
for the in -lieu -,of fund,
put on the agenda.
invited to the July 12 work meeting to
as,well as other pertinent questions. It
Councilman Carns said he had attended the Association of Washington Cities conference last week
and one important topic:of discussion was unemployment compensation. The City will be'required to
pay it beginning next year, and Councilman Carns commented that it will be costly. He discussed
the possible' ways in which this could be paid and noted it would be necessary to include this in the
next budget. Councilman Carns also reported that the Lake'Ballinger Community Club was interested in
whether filters had been installed in the drainage system to -:the lake as they had requested. Mr.
Larson responded that studies had been undertaken regarding this and had just been completed, and a
report -would be forthcoming.
MAYOR (8:48 p.m.)
Mayor Harrison said an additional- application for a fireworks stand had been received, the stand to
be located in the Westgate area near the Thriftway store. It will be operated.by the Holy Rosary
Church: Mayor Harrison said they have adequate insurance and the Fire Chief had approved this
application. A.MOTLON WAS MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN CARNS, TO APPROVE THE
FIREWORKS STAND APPLICATION OF -THE HOLY ROSARY CHURCH., MOTION CARRIED. Councilman Herb said the
City administration must have -given this applicant exceptional cooperation on this application, as
he knew the application was only submitted today. He thanked the Staff for this assistance.
AUDIENCE (8:49 p.m.)
Jim Chapman of 23321 75th Avenue West, President of the Lake Ballinger Community Club, said the Lake
Ballinger citizens were concerned about the proposed rehabilitation and clean-up of Lake Ballinger.
He said the study was now complete and the recommendations in. He noted that the study was funded by
Edmonds, Mountlake Terrace, King County Metro, and Snohomish County, and he was concerned that
Mountlake Terrace appeared to be the recipient of the study and would be the beneficiary. He noted
that all the.Mountlake Terrace councilmen had received copies of the report, but in Edmonds only the
Public Works Director received one. He was concerned that when the cities' portions of funding were
required, unless the Edmonds City Council were assertive, Edmonds residents may end up paying more
than their share. He called to attention a general---publi.c-informational meeting to be.sheld-at,-:the::.
PUD on July 6, and the formal hearing which would be held at the Mountlake Terrace City Council
Meeting on July 18, at which time the public would be.able to comment. He urged the Council to attend
one or both of these two meetings.- Mr. Larson explained that this was a joint project and he explained
the distribution of costs.. He said the City of Edmonds is actively involved in the project, -and he
said he.would try to get additional copies of the report. He said the City had been asked to comment
on the report.
Councilman Carns then called attention to the newly installed microphone system in the Council
Chambers. He commended Jim Roberts of the Public Works Department for the excellent sound system.
HEARING ON APPEAL`FROM P.C. RESOLUTION 559, RECOMMENDING DENIAL OF PROPOSED AMENDMENT TO OFFICIAL
ZONING MAP TO REZONE. FROM RS-8 70 RD CERTAIN PROPERTY AS DESCRIBED IN FILER-3-77. APPEAL FROM
BJORN THUESEN (8:00 p.m.)
Community Development Director -Joe Wallis stated this application had been for a rezone from RS-8
to RD, the reason for the application being.to create a more desirable buffer between multiple and
single family residences. The Planning Commission had recommended denial of the application.. The
site is located on 82nd Place West, south of 84th Avenue West. The rezone portion of the.site is
relatively level and there are no streams on the property, but there are large trees which should
remain. Mr. Wallis said the site is surrounded by multiple zoned property on three sides.and single
family on one side. He reviewed the proposal submitted and showed slides of the site. He said the
original preliminary submittal had been RS-8 for the entire subdivision, but this rezone was then.
•
requested for eight of the lots on the western half of the plat. Mr. Wallis displayed a chart of
dwelling unit distribution according to a 1974 land use inventory. It indicated that if all resi-
dential property were developed there would be two-thirds single family and one-third multiple
family; including a small percentage of duplexes. He commented that if these eight units were re-
zoned from RS-8 to.RD there might be some adverse environmental impact from an increase in traffic,.
but it would not be significant. He said this proposal would create a better transition from the
multiple to single family than what.presently exists and would add to duplex housing which is not
used much in the City. He suggested that the problem here also could be solved by a PRD. He noted
that the backyard of some single family homes will abut an apartment building if RS-8 is retained.
He said he was communicating the recommendation of the Planning Commission to retain the RS-8 zoning,
as it would reduce denisty per the Policy Plan. The public portion of the hearing was then opened.
Eric Theusen, the developer, said he felt there is a need for duplexes in the community. He said
these would be rental units which were anticipated to eventually become condominiums. He showed
slides which demonstrated the types of units he anticipated constructing. He said they had not
realized what kind of building would be constructed adjacent to this site, and he felt there would
be a problem with putting single family residences right up against this large multiple construction.
He said the adjacent construction had been done in recent months and it had taken them a while to
realize what the effect would.be. Tom Sharp of 21018 81st Place W., objected to the rezone because
of the increased traffic.. He said it is difficult now to get onto 212th and make a left turn, and
eight more units would create at least sixteen additional cars. He said Mr. Theusen's reputation as
a builder is superb and he was sure the homes would be of high quality, but it was the additional
traffic to which he was objecting. Mrs. William Gouge of 848 Puget Way.said too many apartment
buildings were being constructed and she preferred to see townhouses or duplexes of the quality these
would be. Duane Cubbin of 21106 81st Place W., said he had been present at the previous hearings on
this and he objected to the rezone because it would increase density. He said a number of his
neighbors had appeared at the Planning Commission hearing to object to the rezone and that there
were letters from them in the file. The public hearing portion was then closed.
94
MOTION:
A MOTION WAS MADE BY COUNCILMAN CARNS TO UPHOLD P.C. RESOLUTION 559, DENYING THE PROPOSED
,
REZONE,•BECAUSE.IT.IS STATED CONTINUOUSLY THAT THE CITY HAS AS MUCH MULTIPLE FAMILY ZONING AS
IS NEEDED,.AND BECAUSE HE COULD NOT SEE THE REASONING FOR THE BUFFER BECAUSE THE ROADWAY IS
A GOOD ENOUGH BUFFER. COUNCILMAN GELLERT SECONDED THE MOTION, COMMENTING THAT HE FELT THE
PLANNING COMMISSION HAD HEARD THIS IN A VERY THOROUGH MANNER AND MORE PEOPLE APPEARED AT THE
PLANNING COMMISSION MEETING THAN AT THE COUNCIL -MEETING WHICH WAS AS IT SHOULD BE.
Councilman Gould said he supported the motion, saying the Planning Commission had done a good
job and.he supported their posi.tion. Councilman Clement said he also supported the motion.
He -said he was sympathetic with the concept presented, but he felt this piece of property would
fit -well into a PRD-and could have achieved.planning excellence without increasing the neighborhood
density. THE MOTION THEN CARRIED.
,DESIGN REVIEW OF "THE COMMONS", PRD-2-77 - ROBERT PANTLEY (8:45 p.m.)
Community Development Director Joe Wallis said this proposal was for 10 dwelling units on 80th
Avenue West, west of 194th Place S.W. He.reviewed previous action on the proposal,'showing the
location on a zoning map and indicating the adjacent zoning was RML and RD, with RS-8 and RS-12
in the immediate area. He said there is a pond in the northwest corner of the site and there is
a drainage channel running through the site. Ten building'lots and a tennis court are included.
He showed a drawi.ng-of an unrecorded previous plat for this site and compared it to the
present proposal, finding the.present.proposal much more desirable.. An environmental assessment
had been made with a finding of no significant adverse impact. He noted that the property to the
west is RS-8 but, because of a change in topography the proposed tennis court will be much lower
than the adjoining residences. Mr. Wallis showed slides of the site. He said the developer had
taken advantage of the PRD ordinance and had done a very creditable job, having worked closely
with the staff. He`recommended approval. Discussion was opened to the public.
The applicant said he had worked with the Engineering Department on the drainage and had received
preliminary approval from that,departme'nt. He explained the drainage system. Mr. Larson said they
still had to go over the details of the storm drainage. Mr. Pantley distributed copies of the
homeowners' association agreement. He stressed that he thought design was important and he had
tried to avoid the "bowling alley" cul-de-sac concept. He noted that berms at the entrance to
the cul-de-sac will reduce road noise within the site and reduce site distance from cars passing
the site. He said all of'the homes will face onto a courtyard and it will be a cohesive, small
neighborhood. The question of a sidewalk on 80th Avenue West was raised. Mr. Pantley said he
would be paying -.into � sidewalk fund as established recently by the Council. This was discussed
at'length, with the alternatives of the fund, a permanent walkway, and a crushed gravel walkway
all being discussed. Mr. Pantley said he was willing to do whichever was desired, but he hoped it
would tie into the rest of the street. Mr. Pantley also said he would like permission to use a
thickened asphalt rolled curb around the cul-de-sac instead of a concrete rolled curb. Mr. Larson
said if this were to be a public road he was inclined to prefer concrete curbs because of maintenance
costs to the City and strength of the curbs. Mr. Pantley said he would be willing to bond for
four years instead of two, if granted this change. The public portion of the.discussion was then
MOTION:
closed. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GELLERT, TO APPROVE
PRD-2=77, ALLOWING THE REQUESTED THICKENED ASPHALT ROLLED CURB AROUND THE CUL-DE-SAC AND
ACCEPTING THE APPLICANT'S OFFER TO BOND FOR FOUR YEARS INSTEAD OF TWO, AND REQUIRING AN APPROVED
CRUSHED ROCK SIDEWALK,.LOCATION OF THE SIDEWALK TO BE DETERMINED BY THE ENGINEERING DEPARTMENT.
MOTION CARRIED.
At this time,.Councilman Carns asked to interject on something he should have brought up under the
Council portion of the agenda. He noted that M.A.A. Herb Gilbo was leaving the employment of the
City and this would be his last Council meeting. He said Mr. Gilbo had served the City for -almost
five years and had done an outstanding job for the City. He said he would like to see some kind
of written commendation given to Mr. Gilbo.
STREET USE PERMIT - RANDY ENBERG, 8404 BOWDOIN WAY - MARQUEE IN RIGHT-OF-WAY (9:30 p.m.)
;Public Works Director Leif Larson said this type of thing has been allowed in the downtown area •
and he recommended allowing it on this building which is being remodeled. He said street use
permits are revocable so there is control. There was no comment from the audience, and Mr. Wallis
MOTION: said this had been approved by the Amenities Design Board. A MOTION WAS MADE BY COUNCILMAN HERB,
SECONDED BY COUNCILMAN ANDERSON, TO APPROVE THE ISSUANCE OF A STREET USE PERMIT AT 8404 BOWDOIN WAY.
MOTION CARRIED.
REPORT ON PETITION RE TRAFFIC SITUATION AT OLYMPIC VIEW DR./PUGET WAY - 196TH STREET (9:31 p.m.)
Assistant City Engineer Dick Allen'said a study had been made of the problem at this intersection.
The study revealed that several accidents had occurred during hours of poor lighting. He said
there is a problem in the geometrics of the road so it is difficult to see the pavement markings
and there are some blind spots coming around the curve. He said the poor design had been reported
to the State Highway Department and will be considered in the improvements done there next year.
In the interim, the Engineering Department was proposing to install two temporary street lights in
the area and to install reflector.ized posts and replace the signs with reflectorized signs. He
felt this would temporarily solve the problem until the roadway can be redesigned. Police Chief
Marlo Foster agreed that this portion of the roadway was very poorly designed. He was concerned
that there is no provision for pedestrians in this area and he was very concerned for the
safety of children. He felt there should be an overpass at Olympic View Drive for pedestrians.
The public portion of the discussion was then opened. Mrs. William Gouge of 848 Puget Way said
she had circulated the petition regarding the traffic situation at this location. She said they
were trying to create harmonious, safe living for the area and wanted the traffic slowed there.
Discussion followed and the public portion was closed. Mr. Allen said the costs of constructing
an overpas's for children's crossing would be too high to be practical. It was agreed that some
kind of walkway should be provided, if only a bulldozed area to provide a place to walk. It
was also agreed that the flashing light should.have extended hours, and Mr. Larson will coordinate
that with the State Highway Department.
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June 28, 1977 (Continued)
CONSIDERATION OF•ACCEPTING'SEWER CONNECTIONS FROM LYNNWOOD RESIDENTS (CROWN.MOTORS,-21OTH AND
HIGHWAY 99) - (10:05 p.m.)
Crown Motors had requested sewer seruice'from the City, although it lies within the.city limits. of
Lynnwood. The Lynnwood Public Works -Director had indicated;no objection. Assistant City Engineer
Dick'Allen reviewed the situation and a' previous request which had been rejected'by the:City of
Edmonds. He said he was looking toward some future joint agreements with Lynnwood which would
provide some economy, but that an interim agreement would be necessary for this one facility. Don
Westlin, architect,.representing`Crown Motors, commente& that they are in -an isolated area and a
connection at 208th would be very difficult. He said the present lift station cannot handle a great
deal more. Councilman Carns noted that the City of Edmonds has a lot of agreements with the City of
Lynnwood and he thought this requested agreement should be permitted and the Staff be allowed to
MOTION:
work out the details. THEREFORE, A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN
GOULD, TO APPROVE THE REQUEST BY CROWN MOTORS FOR SEWER CONNECTION. MOTION CARRIED.
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REPORT FROM ATTORNEY ON POSSIBLE NECESSITY FOR GUARD DOG ORDINANCE (10:26 p.m.)
Animal Control Officer Deborah Bredeson reported on problems she, had -encountered with.guard dogs.
She said there had been no problems with guard dogs. -at places of business, but there had been in
residences where trained attack, dogs.were kept. She said she would like it indicated when.a dog is
registered that it is a trained ,guard dog. She objected to placing higher licensing..fees on such
dogs, saying the owners.simply would not register the dogs as such in order to avoid paying the
higher fees. She felt it was more important that the information be available for the benefit of
emergency personnel who may have to ,enter the premises. She also.recommended a six foot fence be
required..wherever there i.s a guard.dog in order to,keep children away,from the dog. There, followed
discussion regarding the various problems in the City.in connection with trained guard dogs, as well
as other dogs which are not trained. City Attorney Wayne Tanaka said most of the problems discussed
are covered by ordinances already in effect. He said he and Mrs. Bredeson had been reviewing the
MOTION: King County guard dog ordinance and were preparing a draft of :an ordinance for Edmonds. A MOTION WAS
MADE BY COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN.CARNS; THAT ON AUGUST 16, 1977, THE CITY ATTORNEY
SUBMIT A REVISED DOG CONTROL ORDINANCE=WHICH WILL HAVE SPECIFIC PROVISIONS.FOR GUARD'DOGS, INCLUDING
.REGISTRATION OF SUCH ANIMALS, DEFINITION OF GUARD DOGS TO DIFFERENT.IATE'THEM•FROM UNTRAINED DOGS,
AND.PROVISION.OF ADEQUATE HOUSING OR FENCING FOR SUCH DOGS, TOGETHER.WITH ANY OTHER PROVISIONS THE
CITY ATTORNEY, ANIMAL CONTROL OFFICER, OR POLICE CHIEF MAY FEEL ARE NECESSARY.. MOTION CARRIED.
DISCUSSION OF OLYMPIC FOREST.PRODUCTS' PROPERTY, SOUTH OF TREATMENT PLANT (10:56 p.m.)
Public Works Director Leif Larson indicated that Olympic Forest Products, Inc., is considering
development of 38,000 sq. ft. of property south of the sewage treatment plant and, being aware that
if the City were -required to expand for secondary treatment it would want.to acquire that property,
they had asked that the City make an offer for the property. Mr. Larson was requesting authority to
have the property appraised;.saying this would be the most economical way to expand if it were
decided to do so. Mayor Harrison said he has felt the treatment plant was constructed in the wrong
place and he has been hopeful that it would not be expanded there but,woul.d be,rebuil t elsewhere. He
said he.hoped the Council would support that position. Councilman Gould said that in discussions by
the Solid Waste Disposal Committee, expansion at the present location had.seemed the better alterna-
tive. He said the.Mayor's. point was a completely new philosophy of thought that would have to be
accompanied by a large capital expenditure. Mr. Larson suggested that perhaps he should present a
full report of .the locations studied for plant expansion. A MOTION WAS MADE'BY COUNCILMAN HERB,
SECONDED BY COUNCILMAN CARNS, TO SET THE AUGUST 9 WORK MEETING FOR A FULL REPORT ON SUGGESTED
LOCATIONS FOR AN EXPANDED SEWAGE TREATMENT PLANT. MOTION CARRIED.
There was no further business to come before the Council, and the meeting was adjourned at.11:10 p.m.
_` hL_-a��
IREN VARNEY MORAN, Ci y Clerk H. Ir. HARRISON, Mayor
July 5, 1977
The regular meeting of the Edmonds City. Council was called to order at 7:35 p.m. by Mayor-Harve
Harrison in the Council -Chambers of the Edmonds Civic Center. Al.l.present joined in the flag salute.
PRESENT
Harve Harrison, Mayor
Ray Gould
Phil Clement
Max Gellert
John Nordquist
Robert Anderson
Tom Carns
Mike Herb
STAFF PRESENT.
Leif Larson, Public Works Director.
Joe Wallis, Community Development Director
Irene Varney Moran, City Clerk.
Lila Crosby, Finance Director
Jack Cooper; Fire Chief
Jim Murphy, City Attorney
Wayne.Tanaka, City Attorney
Jackie Parrett, Deputy City Clerk,
IR
CONSENT AGENDA (7:36 p.m.)
• Mayor Harrison announced that Item (C),Approval of Final Plat of Pleasantvale, was withdrawn from
the Consent Agenda.