Loading...
19770920 City Council Minutesn U September 13, 1977 (Cont.) 1 C� One of the items implemented was a Consent Agenda, which had r.eceived enthusiastic response. Another item is a project evaluation checklist-, and Mrs. Block displayed that. Councilman Gellert.commented that the checklist could be beneficial in determining design.awards. Mrs. Block added that at the last meeting the Board had sat at the rostrum, rather than,around the conference table, and exhibits were shown on an easel and slides and transparencies were displayed. This resulted in a more graphic meeting and the audience was more aware of what was being discussed. They plan to continue conducting the meetings in,this way as everyone was very satisfied with the results. Councilman Carns said that he was proud of the job the Amenities Design Board is doing and he felt it was areal: enhancement to the City. There was no further business to come before the Council, and the meeting was adjourned at 9:30 p.m. J,�U IRENE VARNEY MORAN, ity Clerk H. H. HARRISON, September 20, 1977 r- The regular meeting of the Edmonds City Council was called to order at 7:40 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Harve Harrison, Mayor Phil Clement Leif Larson, Public Works -Director Ray Gould Max Gellert Joe Wallis, Community Development Dir. John Nordquist Marlo.Foster, Police Chief - Robert Anderson Irene Varney Moran, City Clerk. Tom Carns Jim Murphy, City Attorney Mike Herb Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA Councilman Gould asked that Item 1(D), Acknowledgement of Receipt of Claims for Damages, be removed,from OTION:the Consent Agenda. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, 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 September .13, 1977. (C) Approval of amended Animal Control Ordinance`1944. . (E) Setting date of October 4, 1977, for hearing of P.C. Resolution 568, recommending approval of proposed amendment to Official Street Map and Zoning Map to add annexed area near 180th S.W., between 76th and 72nd. (File AZ-3-77 and ST-10-77) ACKNOWLEDGEMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM ROD GARRETSON AND FROM RUSSELL A. BRINE '(Item (D) • on Consent Agenda) Councilman Gould inquired about the Russell A. Brine claim involving an exposure to chlorine gas at the Yost Park swimming pool. He asked if there was a malfunction with the system. Councilman Anderson said a pool employee had turned a valve and it was not hooked up to the tank and an employee and Russell Brine were sprayed.;: This incident went before the Safety Committee to assure a proper procedure in the future. MOTION: A MOTION.WAS MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE ITEM (D) ON,THE CONSENT AGENDA. MOTION CARRIED. COUNCIL Councilman.Gould reported he had a communication from the State Highway Department indicating a bid opening was scheduled for September 28 to bring the walk-on parking lot for the ferry terminal to its ultimate form. There will be 76 parking spaces for ferry patrons.' Councilman Nordquist reported than.an Executive.Session was bei.ng called folllwing this evening's meet- ing as Councilman Anderson and he had an item to discuss which could be a part of the labor negotiations. Councilman Nordquist also asked whether the fire insurance coverage had been increased for the Senior Center since the improvements have been made. Public Works Director Leif Larson re sponded that at this stage the responsibility is still with the contractor, but before the City accepts the completed work it will be checked. Councilman Nordquist noted that this should be included in the budget. He also inquired about a change in the parking lot plan for the Senior Center. Mr. Larson said there was a more detailed landscaping plan, but he was not sure whether the actual parking plan was being changed. HEARING ON PRELIMINARY ASSESSMENT ROLL, RESOLUTION OF INTENTION 249, FOR STREET IMPROVEMENTS ON 218TH S.W. EAST OF 76TH AVENUE WEST Public Works Director Leif Larson reviewed the background of this L�I.D. He said the area to the north. and south is zoned Multiple and to the east it is zoned Commercial.' He said .recent developments on the street had caused the look at utilities and future use of the street.. He said this is' a deadend'street 0 and the present surface is an oilcoat surface in not too good condition. There are no storm sewers. 12 4 September 20, 1977 (Cont.) • He felt increased development would cause problems on the street. He said $76,890 is the total estimated construction cost and $123,390 the total L.I.D. cost. Of this, $19,000 is for-undergrounding and over $30,000_is for acquisition of right-of-way, resulting ina-zone front foot cost of $65.76, which Mr. Larson noted was very expensive. He discussed the zone and termini method of assessment for the audience. Mr. Larson said petitions had been received in opposition to the L.I.D. He said, based on their records, 43% of the owners by zoned front foot were against the L.I.D. and 57% did not protest. However, there appeared to be some disparity in actual ownerships. He noted that he was required to go by the records of the County,.but they are sometimes slow to record changes of ownerships and he felt he would have to verify some of the ownerships before the protest petitions could be properly evaluated. City Attorney Jim Murphy explained the protest rights.and the method of payment of an L.I.D. City Clerk Irene Varney Moran verified that the assessment notices had been sent. The public hearing was then opened. Jon Whiof. 21727 76th Avenue West questioned Mr. L'arson',s .fi.g;ures,E saying 63% of the protestorsgal owners. Mr. Larson responded that he'was"not doubting that, but that he was are legal required to verify the signatures with the County records and until he could do so he could not use them in the computations.. Doug Bochard,, property owner of 7430 218th S. W. said he was sure the petition was legal and that theproperty`owners,;would like to know if something else could be done. Mr. Larson said there still are RS properties in this area and he could understand that these costs would be excessive for RS property owners, but considering the development going on there, the improvements were necessary. Mayor Harrison said that in the event the L.I.D. is protested out, he felt the City should suggest an alternate improvement for the neighborhood. He felt the City should not have the policy of requiring underground wiring.for street improvements on neighborhood streets because it discourages property owners from improving their streets. He said he was hoping the�Council would give this consideration and not be firm on that policy. Jim Elton of 7410 218th S.W. said they would like to get the street improved but they did not need the underground wiring. The public portion of the hearing was then closed. Councilman Carns felt the signatures should be verified before continuing this matter. MOTION: A MOTION WAS THEREFORE MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN HERB, TO CONTINUE THIS ITEM TO OCTOBER 4, MOTION CARRIED. • HEARING ON P..C. RESOLUTION 564, RECOMMENDING DENIAL OF PROPOSED AMENDMENT TO OFFICIAL STREET MAP TO. REMOVE AND VACATE ALLEY LOCATED BETWEEN 8TH AVENUE SOUTH AND "C" AVENUE, SOUTH OF FIR ST. (FILE ST-9-77) Community Development Director Joe Wallis said this action had 'developed because of a petition from the residents in this area and a neighborhood dispute. He said there have been complaints that the alley is not needed, that dust.and noise are created because of it, and that it interferes with privacy. He said the Planning Commission had recommended denial after a lengthy hearing. He showed the location on a vicinity map and slides of the location, noting that,.this was RS-8 for the most part. There is a house at the end of the alley and to the east of it which has a carport fronting on the alley. New homes have been built on Lots 1 and 10, which abut the alley on the east and west side at the open end -of the alley, and the owners of these two lots were the principal proponents to removing the alley. The slides displayed cut logs blocking the alley opening, but Mr. Wallis said he had visited the site this date and the logs had been removed but there now was a large mound of dirt there which prevented access to the alley. He said the City presently has full access and rights to the alley and he saw no reason to change that. The Planning Commission had recommended the alley be kept in order to service the carport and to service the utilities running through the alley. Mr. Wallis said the alley is short and if paved may be aesthetically unattractive, but complaints were that it generated noise and dust. He said there would be no significant environmental impact from this action. He felt the long-term best interests to the City were in retaining the access easement rights and utility easement rights. The public portion of the hearing was opened. Scott Hutchinson, attorney representing the petitioners, displayed to the Council photographs of the area which he said were important. He stated that the statute which allows vacation of the alley also allows the City to retain easements for utility purposes. He said the photographs- he displayed dhows that the access is completely overgrown with berry bushes and has not been used for some time. He said the area around the carport also had looked like that prior to the Twomey's underground utility being installed (Lot 1), that the area had been cleared for the underground utility installation. He said the car located there was driven in from "C" Avenue and had not been licensed since 1974. He felt the only use the alley would provide would be to create a circular driveway to the DeRenzo home, and that it would impact the other neighbors • by dust and traffic. He said there had been no maintenance of the alley and that the overriding public interest would be to have the alley closed, reserving an easement for the City to maintain utilities. Marion Twomey of 1114 "C" Avenue (Lot 1) asked why a new sewer line had been installed from 8th Avenue for about 130 feet to the building behind Lot 1, last year, at no cost to her or Ms. DeRenzo. Mr. Larson explained that the sewer was a replacement for an old sewer which had been there a number of years and had given problems. Chet Bennett, attorney for Miss DeRenzo, the party wishing to keep the alley open, stated that the City Engineer had reviewed this and recommended again'st vacating, the Planning Staff had recommended against it, and the Planning Commission had recommended against it. He noted further that it had been a long-time policy that alleys are rarely vacated except for some overriding reason. He said Ms. DeRenzo had told him she had used the alley for about a year but had not used it recently because it had been blocked. He said she had petitioned the Engineer's Office to allow her to improve the alley with crushed rock to City standards. He said there had been no testimony to indicate any hazard by opening the alley. He noted that in the past when 'an alley was vacated it often was regretted at a later date. He asked that the Council follow the recommendations of the Staff and, the Planning Commission. The public portion of the hearing was then closed. Councilman Anderson said he did not recall an alley vacation since he had been on the Council. MOTION: A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CARNS, TO UPHOLD P.C. RESOLUTION 564, BASED UPON THE RECOMMENDATIONS OF THE STAFF. MOTION CARRIED. Councilman Nordqui'st requested that the Staff investigate the mound of dirt blocking the alley and see.that the alley is opened. MEETING WITH PETITIONERS ON PROPOSED ANNEXATION, 220TH STREET, EAST OF HIGHWAY 99 No one was present to represent the petitioners, but Public Works Director Leif Larson stated that one major petitioner was involved who owned the majority of the property involved. He showed the location on a vicinity map, noting that the area was bounded on the east.by the Traction Right -of -Way, on the north by 220th, on the south by the City Limits, and on the west by Highway 99. He said an 8 inch water main will be required and he explained the sewer plans. The present zoning is General Commercial which is comparable to City zoning. He said the Police Chief had indicated the annexation would • September 20, 1977 (Cont.) have little effect on the police services of the City, but he noted that numbers of annexations would affect Staff requirements. He said if this.is accepted it should be on'the basis of the ,property owners assuming the bonded.indebtedness of the City. Councilman Gould inquired about the Fire Department recommendation for three fire hydrahts'.and Mr. Larson said'an 8 inch water.main MOTION: would be required for those. A MOTION WAS MADE BY COUNCILMAN-CARNS, SECONDED BY COUNCILMAN NORDQUIST, THAT THE CITY.(1). ACCEPT THE PROPOSED ANNEXATION, AND ('2)- THAT ALL PROPERTY WITHIN THE TERRITORY HEREBY SOUGHT TO BE ANNEXED SHALL BE ASSESSED AND TAXED AT THE SAME RATE AND ON -THE SAME BASIS AS PROPERTY WITHIN THE CITY OF EDMONDS FOR ANY NOW OUTSTANDING INDEBTEDNESS OF THE CITY, INCLUDING I ASSESSMENTS OR TAXES IN PAYMENT OF ANY BONDS"ISSUED OR.DEBTS CONTRACTED, PRIOR TO OR EXISTING AT THE DATE OF ANNEXATION. MOTION CARRIED. APPROVAL OF PRELIMINARY PLAT -."PERRINVILLE" (FILE.P-5-77 Communi ty Devel opment . Di rector, Joe:'WdTl i s showed the 1 ocati on. of- this `pl at on a •-vi'ci ni ty'map., noti ng . that it is bounded by Olympic View Drive and 76th Avenue West, both of which are arterials. The area is zoned BN, with RD immediately to the north and RS-12 beyond that. To the east is Lynnwood RS zoning, to the south is BN, and to the west is RS-12." BN•zoning permits RS uses. The lots `range in'size from 6•,'000-sq. ft. to 7,800 sq. ft. and there'are'6d interior_ roads. The area has been filled and there is a stream running through it. Mr. Wallis showed slides of the area. He said a PRD development had been suggested to the applicant as there could be some latitude given to adjust the units on the site and provide safer access to the streets and consideration to the stream. A PRD could offer a potential of more open space also. However, the applicant did not feel the market would respond to that type of development. The original proposal had provided back -out situations onto the arterials, and Mr. Wallis said the Planning Staff had recommended against that, so'the applicant had revised his proposal to provide common driveways with turnarounds so approaches to the streets would be drive -on situations rather than back -out situations. Mr. Wallis said that for an RS subdivision this proposal was as good as could be adapted to this location. He noted that there would be residences adjacent to commercial properties. It was the opinion of his:Staff that it would not have • a significant adverse environmental impact. He recommended approval, subject to egress being head - out rather than back -out and subject to no filling of the existing channel or stream being required by the subdivision. The public portion of the discussion was opened. Jurgen Sauerland of Lovell, Sauerland & Associates, spoke for the applicant. He said they intended to leave the drainage channel open through the property and that the existing culvert presently goes through Lot 5. Councilman Anderson asked Mr. Wallis for his opinion regarding this proposed development. Mr. Wallis responded that.he had some reservations that this was an appropriate use of the land, speaking strictly from a theoretical planning approach and not taking into consideration the reality of market conditions. He felt the single family detached lot may not be the appropriate development and that the PRD approach may create a better atmosphere. Councilman Anderson said he didnot believe this was an appropriate area for residential development with the two major thoroughfares on either side and the problems with filling the lots. City Attorney Jim Murphy advised that this could not be denied on the basis of zoning because that zoning was what the City had placed on the property. Jim Braun, owner of the property, said this was not the best use of this property, but was the only thing permitted within the ordinance. His project manager, Jerry Maddox, said their final solution was to come up with something fairly simple and which would have the lease impact. Councilman Carns said if RS homes are allowed there it should be rezoned to RS and that the homes bu.ilt.there should not be subject to future business at that location. Councilman Anderson said he felt there were sub - MOTION: stantial problems with this proposal. A MOTION WAS THEN MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN GOULD, THAT THE APPROVAL OF THE PRELIMINARY PLAT OF "PERRINVILLE" P-5-77 BE DENIED BECAUSE OF ITS INAPPROPRIATENESS REGARDING THE PROPOSED RESIDENTIAL DENISTY FOR THE PROPERTY AND THE SUB- STANTIAL ENGINEERING AND TRAFFIC PROBLEMS. Councilman Anderson also suggested resubmission with some kind of plan where the density is decreased or the traffic problems removed, or possibly a contract rezone. A ROLL CALL VOTE WAS TAKEN, WITH COUNCILMEN ANDERSON AND GOULD VOTING YES, COUNCILMEN NORDQUIST AND HERB VOTING NO, AND COUNCILMAN CARNS ABSTAINING BECAUSE HE HAD DIFFICULTY MAKING A DECISION. A TIE VOTE RESULTED, AFTER WHICH COUNCILMAN-CARNS VOTED YES. THE MOTION THEN CARRIED. Mr. Sauerland ex- pressed the view that he.did not believe the reasons for denying were valid as the density is allowed under the present zoing. City Attorney Jim Murphy responded that all of the reasons given separately would be valid and in accumulation they certainly would, and that the Council was well within its • legality in taking the action it.did. He said the Council; should find the plat in the public interest even if it meets zoning requirements. REQUEST FROM PLAZA CAB TO INCREASE ITS NUMBER OF CABS FROM FOUR'TO SIX City Clerk Irene Varney Moran had reported that at the time -the original taxicab ordinance was written, there had been a request for only one cab, so the maximum number had been set at four. She said this was now outdated and'she recommended that the ordinance be amended to remove the words which limit the number of vehicles allowed. Police Chief Marlo Foster also agreed that the present restriction was unnecessary. Councilman Herb commented that he thought this could have been a Consent Agenda item. A:MOTION WAS MADE BY COUNCILMAN HERB, SECONDED'BY COUNCILMAN NORDQUIST, THAT THE CITY ATTORNEY BE INSTRUCTED TO PREPARE AN AMENDMENT TO THE TAXICAB ORDINANCE TO REMOVE THE WORDS WHICH LIMIT THE NUMBER OF TAXICABS PERMITTED IN THE CITY OF EDMONDS. MOTION CARRIED'. LAKE BALLINGER REHABILITATION PROGRAM Director of Public Works Leif Larson had furnished a proposed Intergovernmental Agreement for the Rehabilitation of Lake Ballinger which had come from the City of Mountlake Terrace. The estimated program cost was $840,000, with federal and state agencies participating, as well as Edmonds, Lynnwood, Mountlake Terrace, King County, and Snohomish County. Edmonds' prorated share would be $13,440 and•its annual maintenance share would be $1,785. Considering the total costs of the project and benefits to the City and the Lake Ballinger residents, Mr. Larson recommended that the City participate. i26 MOTION: MOTION A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN HERB, TO AUTHORIZE THE MAYOR • TO SIGN THE INTERGOVERNMENTAL AGREEMENT FOR THE REHABILITATION OF LAKE BALLINGER, AT A COST TO EDMONDS OF $13,440 AND AN ANNUAL MAINTENANCE COST OF $1;785, FUNDS TO COME FROM THE WATERJSEWER, FUND FOR THE INITIAL PAYMENT AND THE MAINTENANCE COSTS TO COME FROM THE STREET FUND. MOTION CARRIED. Councilman Gould expressed hi.s very strong feelings in favor of this program. Councilman Nordquis.t commented that this is a five -party contract and he was somewhat concerned that all the parties might not continue with the maintenance portion of it. There was no further business to come before the Council, and the meeting adjourned to Executive Session at 9:47 p.m. IRENE VARNEY MORAN ity Clerk H. H. HARRISON 1 September 27, 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. All present joined in the flag salute. PRESENT STAFF PRESENT Harve Harrison, Mayor Leif Larson, Public IWorks Director • Ray Gould Joe Wallis, Community Development Director Phil Clement Mary Lou Block, Planning Technician Max Gellert Marlo Foster, Police Chief John Nordquist Irene Varney Moran, City Clerk Robert Anderson Lila Crosby, Finance Director Tom Carns Jack Cooper, Fire Chief Mike Herb John Wallace, City Attorney Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA Councilman Carns asked that Item 1(D), Authorization to Call for Bids on Public Works and Police Units, be removed from the Consent Agenda. Mayor Harrison noted that an additional unit had been added to the list per memorandum of September 27 from the Public Works Director. Councilman Gellert asked that Item 1(C), Acknowledgment of Receipt of Claim for Damages from Raymond Baldwin, be removed. Councilman Herb asked that Item 1(F), Proposed Ordinance Levying 1978 P.r-operty Taxes, be removed. Councilman Herb also noted that,.regarding Item 12, Application for'Cabaret Dance License from Edmonds West Tavern, the memorandum explains the request.and it was only for a sixty-day period. He felt it should go on the Consent Agenda. COUNCILMAN HERB THEN MOVED, SECONDED BY COUNCILMAN GOULD, THAT ITEM 12 BE PLACED ON THE CONSENT AGENDA, AND THAT ITEM 9, HEARING ON DESIGN REVIEW OF "PARK -MERE WEST," BE STRICKEN FROM THE AGENDA AT THE REQUEST OF THE APPLICANT. MOTION CARRIED. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN HERB, (A) Roll call. (B) Approval of Minutes of September 20, 1977. (E) Authorization to call for bids on the demolition and removal of 300,000 • gallon water tank located at 9th and Main Streets. (G) Approval of application for Cabaret Dance License from Edmonds West Tavern. ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM RAYMOND BALDWIN (Item (C) on Consent Agenda) Councilman Gellert noted that this was the third claim from Mr. Baldwin because of a sewer back-up and asked why the City had not found the problem. Public Works Director Leif Larson responded that there is a critical grade at that location and debris, was in the main at the lateral. He MOTION: said the situation is being remedied and he hoped it would not occur again. A MOTION WAS MADE BY COUNCILMAN CARNS,. SECONDED BY COUNCILMAN GOULD, TO APPROVE ITEM (C) ON THE CONSENT AGENDA. MOTION CARRIED. AUTHORIZATION TO CALL FOR BIDS ON PUBLIC WORKS AND POLICE UNITS (Item (D) on Consent Agenda) Councilman Carns asked what the procedure was -in calling for bids on excess vehicles. Public MOTION: Works Director Leif Larson explained the process. A MOTION WAS THEN MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, TO APPROVE ITEM (D) ON THE CONSENT AGENDA. MOTION CARRIED. PROPOSED ORDINANCE LEVYING 1978 PROPERTY TAXES (Item (F) on Consent Agenda) Councilman Herb inquired regarding the significance of this ordinance. City Attorney John Wallace said that a certified copy of the annual tax levy must be filed with the County Commissioners 90 days in advance of the fiscal year. Inasmuch as the Assessor's Office does not supply figures until after the filing date, the ordinance may have to be amended upon MOTION: receipt of those figures. A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN CARNS, TO ADOPT ORDINANCE 1948 LEVYING 1978 PROPERTY TAXES. MOTION CARRIED. u