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19690617 City Council Minutes10 • Motion carried. TEMPORARY CONCESSION FOR JULY 4 A request for agreement for temporary concession to sell hot dogs, soft drinks, etc. on the 4th of July at the corner of 5th & Main, City Park, and Edmonds City Beach had been submitted by Edmonds #{38, Order of Rainbow Girls. Approval had been recommended by both the Police and Fire Chiefs, and following the receipt of a properly executed policy of insurance, as noted on the agreement, it was moved by Councilman Slye, seconded by Councilman Nordquist that the temporary concession agreement be approved for the , Rainbow Girls as specified. Motion carried. POLICY FOR BACKFILLING STREET CUTS It was suggested by the Engineer that a time factor, not presently covered in the ordinance, be incor- porated by amendment in the policy for backfilling street cuts, and after some discussion, it was moved by Councilman Haines, seconded by Councilman Nordquist that this matter be referred to a council work meeting before any action is taken. Motion carried. ESTABLISHMENT OF UNDERWATER PARK Councilmen Bennett and Nelson, along with City Attorney Murphy, had,gone skin-diving with Mr. Jim McMahon to view the area off Sunset Beach which was being suggested for an und6rwat6r•park site. Councilman Bennett stated that it was a memorable experience, and all three felt that the area should be preserved. It was noted that almost every kind of fish known to the Sound was represented in this comparatively small area, and it should be preserved by inhibiting removal of the natural growths, or fishing and motor - boating in this defined area. A motion was made by Councilman Nelson, seconded by Councilman Kincaid to resolve to make this spot an underwater park as specified in the submitted drawing, and direct the Park Dept. to incorporate the plan as part of the comprehensive park plan, as well as to incorporate a float and authorize procedure as necessary to comply with other governmental agencies in the establishment of underwater park. Before the motion was voted upon, it was noted that Mr. McMahon had suggested a is 30 x 30 anchored float with ladders for use by the divers. Councilman Haines stated that there would be extreme danger to swimmers going out to any available float without lifeguards on duty at the beach. Councilman Kincaid noted that a sign could be posted at the beach stating no lifeguard on duty, swim at ,your own risk, and children accompanied by a parent when swimming. Vote on the motion resulted in its pas- sage. It was reported that Mayor Harrison would be g)ing down on Saturday to view the proposed area for the underwater park. Councilman Haines suggested that a float not be installed until adequate safety measures are taken. NEW TRAFFIC LIGHT AT 3RD AND MAIN With proposed change to the two-way traffic system in downtown Edmonds, it would be necessary for safety measures to be taken, in the form of a traffic light at the intersection of Third and Main. It was moved by Councilman Haines, seconded by Councilman Kincaid to authorize the installation of a traffic light at Third and Main. Motion carried. APPOINTMENT OF MANAGEMENT NEGOTIATING TEAM A management team for negotiating with Union representatives was needed and a motion was made by Council- man Nordquist, seconded by Councilman Tuson that Mayor Harrison, City Attorney Murphy, City Supervisor Lawson, and Councilmen Kincaid be appointed as management negotiating team for the City of Edmonds, with the department head of the department involved allowed to sit in on the sessions. Motion carried. CONTINUATION ON PROPOSED ORDINANCE FOR TWO-WAY STREET SYSTEM Following a ten minute recess, a motion was made by Councilman Bennett, seconded by Councilman Nelson that proposed Ordinance #f1427 be passed, amending the traffic ordinance by eliminating the one-way traffic restriction on Fifth Avenue in Edmonds. Motion carried. • SET HEARING DATE FOR APARTMENT ACCESS It was moved by Councilman Haines, seconded by Councilman Bennett that July 1 be set as the date for hearing on the apartment access for the properties off 76th south of 196th. Motion.carried. Due to the use of the council chambers by the Edmonds Art Festival, the council meeting of June 17 will be held in the Little Theatre of the Edmonds Senior High School. ' There was no further business, and the meeting was adjourned at 11:00 P.M. City Clerk VMayor June 17, 1969 ROLL CALL Regular meeting of the Edmonds City Council, held in the Senior High School Little Theatre, was called to order by Mayor Harrison with all councilmen present•except Slye and Kincaid. APPROVAL OF MINUTES Minutes of the meeting of June 3 had been posted and mailed, and with no omissions nor corrections,, they were approved as written. SUNSET BEACH PURCHASE Mayor Harrison announced that the condemnation action on Sunset Beach had been settled for the sum of $325,000, • • and he commended the work done by the City Attorney and his assistant, as well as by the City Engineer, Consulting Engineering firm of Reid, Middleton & Associates, Inc., and Mr. Earl Stay, the appraiser. A motion was made by Councilman Tuson, seconded by Councilman Nordquist that a Resolution be drawn commending these aforementioned people for their work in acquiring this property. Motion carried. PRIDE MEMBERS PRESENT A delegation of citizens were present representing a newly formed organization, called PRIDE, and they stated that their primary purpose was to upgrade the community. HEARING: PETITION FOR VACATION OF NORTH 10' OF EDMONDS STREET BETWEEN 8th and 9th: This being the evening set for the hearing on the proposed vacation of the north 10' of Edmonds Street between 8th and 9th, a letter from the appraiser of the property was read, placing a $1000.00 value on the 10' sold as one single parcel. The Attorney suggested that $500.00 be paid by the abutting property owners for the vacated portion. Hearing was then opened. Mr. Tom Berry, designer for Mr. Jeffery, stated to council that the vacation would be desirable for the build- ing on the property and that Mr. Jeffery would take the initiative in collecting money from the abutting pro- perty owners. No one else in the audience wished to comment, and the hearing was closed. It was moved by Councilman Haines, seconded by Councilman Nordquist that the proposed ordinance for vacation be held in abeyance until the $500.00 is paid to the city, and the motion carried with Councilman Bennett abstaining because he lives in the immediate neighborhood. THIRD READING: PROPOSED ORDINANCE PROHIBITING PARKING PORTIONS OF 3RD AND OF DAYTON A motion from the minutes of the City Council meeting held on May 6 placed a third reading of the proposed ordinance to prohibit parking on portions of 3rd and portions of Dayton on this evening's agenda. City Engineer Leif Larson reported that the traffic light at that 3rd and Dayton intersection, which had been • changed from flashing red and yellow to red, yellow and green, seemed to be -working well and he suggeste& a delay in a proposed parking ordinance to test the present light over the summer season. It was therefore moved by Councilman Bennett, seconded by Councilman Nelson that the proposed ordinance be set for a third reading on September 16, 1969. Motion carried. PLANNING DEPARTMENT REFERRAL OF EMERALD HILLS The Planning Department referral of Planning Commission action on Emerald Hills, proposed Planned Unit Development, had been suggested for council hearing on July 1. A motion was made by Councilman Nordquist seconded by Councilman Nelson that this hearing on the Emerald Hills development be set for July 1. Motion carried. It was also moved by Councilman Haines, seconded by Councilman Nordquist that July 1 be set for hearing on a portion of 12th Avenue within a proposed PUD to be eliminated from the comprehensive street plan. Motion carried.. SET HEARING DATE ON PLANNING COMMISSION RESOLUTION'4314 Planning Commission Resolution #314, recommending an amendment to the zoning ordinance for general require- ments for Planned Unit Developments, was presented for a council hearing date, and it was moved by Councilman Haines, seconded by Councilman Nordquist that August 5 be set as the date for hearing before council on Plan- ning Commission Resolution #314. Motion carried. INVITATION TO COUNCIL FROM PLANNING COMMISSION An invitation was extended to the council from the Planning Commission to attend a special meeting on June 25 at 8:00 P.M. dealing with the waterfront question. • FIREWORKS STAND PREMITS A letter was read from Fire Chief Cooper recommending approval of the following permits for fireworks stands for the 4th of July: Thunderbirds Drum and Bugle Corps 2005 9th Avenue South Tenth Quorum of Elders 1640 9th Avenue South Edmonds Jaycees 9th Avenue and Edmonds Way A motion was made by Councilman Nelson, seconded by Councilman Nordquist that the above fireworks stands permits be approved. Motion carried. TEMPORARY CONCESSION PERMITS Applications for temporary concessions for the 4th of July were presented, for the American Legion Auxiliary to sell pop corn, cotton candy and coffee located at Order's Shoe Store 420 Main, the City Park, and the north and south side of the ferry dock; and the Sno-King Lady Lions (proceeds to benefit activities of the blind) for balloons along the parade route. Councilman Tuson made a motion, seconded by Councilman Nordquist that the temporary concession agreements for the American Legion Auxiliary and the Lady Lions be approved. Motion carried. CORRESPONDENCE A letter was read from John W. Deer, 7205 28th Ave. N. W., Seattle. Mr. Deer asked for 2 hour parking signs to be placed in front of his apartment building across the street west of the Post Office between Main and Bell Streets. This was referred to the Chief of Police. A letter from Mrs. Chas. W. Beilke was read, requesting the permanent closure of the street through the Chase Lake School, and suggested if the Police or Fire Departments needed a key to open the street, they would be willing for them to have this arrangement. Both the Fire and Police Chiefs were present and voiced no • objection to the closure of this street with a chain gate and key available. Councilman Bennett stated he 12 did not feel the council should permanently block this street before a long look is taken into the situation. . Ray Moore, a resident of that area, complained of the street being used by cars for a raceway.. He said that the street presented problems after"school hburs,'not when school was in session, and that the safety of chil- dren living in that immediate area was heopardized.by this.street.remaining open after school.was closed. Bob Hacker stated that he was interested in -having the road closed and chained. There was a great deal of dis-' cussion on the subject, both in the audience and from the council. A motion was made by Councilman Bennett, seconded by Councilman Haines that the street that runs east and west on the north side of the Chase Lake Elementary School not be permanently barricaded or closed. A roll call vote was taken, with Councilmen Bennett and Haines voting in favor; Nelson Tuson and Nordquist against and the motion failed to carry. A letter from Dan Andersen, 800 12th Avenue S., complained about the condition of the roads in Edmonds and Bowdoin Way in particular, and asked what the city proposed to do about it. Mayor Harrison noted that Bowdoin Way was on the priority, list for arterial approval. A letter was read from Fred. S. Meserve, Chairman,of the Board of Directors of the First Church of Christ, Scientist. He stated that the cost of furnishing a performance bond for installation of required paving and drainage system in their parking area and connection within six'months from time of completion of a perma- nent storm sewer in the immediate vicinity of the church property would be a burden upon the congregation. They requested consideration of the waiving of.the.required performance bond. It was estimated by council that a bond for $5000.00 would probably cost approximately $50.00 per year. Following some discussion, it was moved by Councilman Bennett for lack of a seoncd. It was then moved by Councilman Haines, seconded by Councilman Tuson that the city require the church to maintain a performance bond for a period of one year, and then the council could review the circumstances.at that time. Motion carried. Two letters, one from Police Chief Grimstand and one from Fire Chief cooper, were received in regard to 75th Avenue W. as it runs along the area in north Edmonds near the water. It was stated that this narrow street needed parking limitations, and both Chiefs Cooper and Grimstad advised allowing parking one side only, preferably on the west side. .It was moved by Councilman Bennett,.seconded by Councilman Nelson that an.ordi- nance be.prepared pursuant to this request. Motion.carried with Councilman Haines abstaining, since his property abuts this area. A letter of resignation as Director of Public Works was read from John Moran,.who has accepted a similar is position with Cowlitz'county. Mayor Harrison.noted that the.position of Director of Public Works would not be refilled at this time, pending results of the study presently being made by the professional management consultant firm of Harry J. Prior & Associates. It was moved by Councilman Nordquist, seconded by Council -man Haines that the resignation be accepted with regret, and a Resolution be prepared commending John Moran for his service in the employment of the city. Motion carried. AUDIENCE PARTICIPATION Representatives from the newly formed organization called PRIDE were in the audience, and Mr. Nueller, one of the members, mentioned that their newsletter and a copy of their goals had been received by each councilman. He addedthat the organization wished to be of help to the city in any way it could. A gentleman in the audience asked a question concerning overlays put on streets to patch following installa- tion of sewer lines. Another gentleman in the audience brought to the attention of council the unreasonable short cycle for the green traffic light when travelling north on 9th at the Westgate intersection. This problem was to be looked into. COUNCIL PARTICIPATION Because of the extreme heat and uncomfortable conditions, Councilman Bennett made a motion that they strike the council participation section for this evening. This motion died for lack of a second. Councilman Nelson suggested that the Police Dept. and City Engineer take an additional look at the holding lane situation on Senset Avenue for the ferry traffic. Councilman Haines inquired if the ferry system had been contacted in regard to the necessity of the city • having extra patrolmen on duty due to the ferry traffic. Mayor Harrison answered that he had called the Washington State Ferry system on this matter, and that they did not seem too enthusiastic about being responsible for the extra patrolmen needed, but they had admitted that they used and paid for off -duty police- men at the Coleman dock in Seattle during the rush ferry traffic, but explained that was a different situatirn. Councilman Haines made a motion that an accurate account of the man hours spent be tabulated, and billed to the ferry system for that amount. Mr. Ted Chittenden, Port Commissioner, was present in the audience and reminded the Council that there was a proposal for expansion to double the size of the present ferry dock to eliminate holding lanes on city R/W entirely. Councilman Haines amended his motion to eliminate the billing to the ferry system and merely advise them of the extra man hours used and paid for by the city. This amended motion was seconded by Councilman Bennett, and carried. Councilman Tuson stated he thought that because of the condition of some of the streets with a present 35 mph speed limit, a change to 25 mph was in order, and he therefore made a motion, seconded by Councilman.Nordquist that the attorney be instructed to prepare an ordinance lowering the speed limit from 35 to 25 mph on 9th from Westgate to 196th,.Casper, Puget Drive, and that strip of 76th in the Ballinger area from k-Mart to the county line. Councilmen Bennett and Nelson both agreed that speed limits should not be lessened all of a sudden with- out a study of the particular situations. A roll call vote was taken and resulted in Councilman Bennett and Nelson voting against; Tuson, Nordquist and Haines in favor, and the motion carried. It was then moved by Councilman Haines, seconded by Councilman Tuson that the traffic engineer study and update the traffic codes if need be. Motion carried. Councilman Nordquist that IMr. Ton Graham of Harry J. Prior& Associates had told him the company had already talked with key personnel of the city, and would now do an in depth study. He added that the cooperation he had met with was excellent. Councilman Nordquist also stated that he had accepted the invitation of the Baldwins to visit their home at 220th and 9th 21. W. to see first hand what R/W would be taken from their property with the proposed widening of 9th. U 13 • Councilman Nordquist also commeni'ed on the unpaved west side of 8th S. He said that in 1/2 hour 27 cars drove over this street and 18 of them switched lanes to drive on the left side in order to use the pavement rather than the oiled and gravelled side. He said he was concerned with the safety of this procedure, and following much discussion, council decided to go over this problem again at a work meeting. AUDITING OF BILLS A motion was made by Councilman Nelson, seconded by Councilman Nordquist that vouchers 48891 through #9103 in the total amount of $93,599.76 be approved, and the City Clerk_ be authorized to pay these regular monthly bills. Motion carried. It was moved by Councilman Nelson, seconded by Councilman Nordquist that the following bills be paid from the 1967 Water -Sewer Revenue Bond issue: #43 - $1,893.02 to Dorcon, Inc. for estimate 45, sludge dewatering and burning system; - #44 - $1,212.02 to Reid, Middleton & Associates, Inc. for final billing for engineering services Edmonds Sewage Treatment Plant Expansion Project, Phase I; #45 - $501.60 to Sound Oil Company for dust coating of 184th S. W. from 80th W. to Sunset Way, deleted from Phase II water main contract with J. J. Jackson, Inc. as project was finished during winter months. Motion carried. A motion was made by Councilman Nelson, seconded by Councilman Nordquist that the following LID bills be approved for payment: LID #161 - $72,981.22 to National Construction Co. for contractor's estimate"#5; $750.00 to Clerk of the Snohomish County Superior Court for satisfaction of judgement on Herbert and Elsie Hainke; $1,250.00 to Clerk of the Snohomish County Superior Court for satisfaction of Judgement on Narveson property; and the City Clerk be authorized to issue interest bearing warrants to Grande & Co., Inc. in the total amount • of $74,981.22 to cover these bills; LID #164 - $31.131.94 to National Construction Co. .for contractor's estimate #1; $7.40 to Edmonds Tribune Review for legal publications; and the City Clerk to be authorized to issue interest bearing war- rants to Grande & Co., Inc. in the total amount of $31.139.34 to cover, these bills. Motion carried. REPORT ON CASPER STREET PROTESTS City Engineer Leif Larson reported that protests received against the proposed. LID for the Casper Street area paving had amounted to 70.53%. Mr. Mueller,a property owner, stated that the people were not happy with the plans for either a 40 or 44 ft. pavement on Casper, and were prepared to fight both this width and widewalk construction. It was moved by Councilman Bennett, seconded by Councilman Nordquist that the. Engineer's report on the protests received against the Casper Street and'vicinity'proposed'paving LID be accepted, and the motion carried. PROPOSED RESOLUTION OF INTENTION TO FORM LID FOR 76th AVENUE SIDEWALKS In regard to a proposed LID for 76th Avenue W. sidewalks from 199th S. W. southerly to approximately 200 feet north of 5th Street S. E., a motion was made by Councilman Bennett, seconded by Councilman Nelson that proposed Resolution of Intention #226 be passed, for installation of sidewalks, curbs, gutters, and necessary drainage etc. for the above mentioned area, with hearing on the preliminary assessment roll .set for August 5. Motion carried. AUTHORIZATION OF TRANSFER OF FUNDS WITHIN 1969 BUDGET To authorize the4City Clerk to transfer $6,000.00 from unanticipated income and $4,000.00 from Park Dept. to the Shop Building; also $6,000.00 from unanticipated income to Street Dept..M. & 0., it was moved by Councilman Bennett, seconded by Councilman Tuson that proposed Resolution #204 be passed, authorizing the City Clerk to make these transfers. Motion carried. AUTHORIZATION TO PURCHASE MODEL OF YOST PARK PLAN A motion was made by Councilman Nordquist, seconded by Councilman Bennett to authorize the__purchase of a model of Yost Park plan, and the motion carried. Because the development of this park will necessitate a bond issue, it was moved by Councilman Bennett, seconded by Councilman Haines that the council go forward to get the Yost Park development plan on the November 1969 ballot. Motion carried. Mr. Mueller, speaking for PRIDE .members, volunteered the organization to assist in selling the park plan to the citizens of Edmonds. REAPPOINTMENT TO FAIR HOUSING COMMISSION Mayor Harrison made the reappointment of Hazel Mori to the Fair Housing.Commission, and a motion was made by Councilman Nelson,` seconded by Councilman Tuson 'that the Mayor'.s appointment of Hazel Mori be confirmed. Motion carried. FINAL ASSESSMENT ROLL HEARING ON MAIN STREET IMPROVEMENT In order -to direct the City Clerk to mail the final assessment roll for the Main Street sidewalks to the as- sessed property owners, a motion was made by Councilman Nordquist, seconded by Councilman Tuson that Reso- lution #205 be passed, setting the date for final assessment roll hearing on the Main Street sidewalks for July 15. Motion carried. AUTHORIZATION FOR NEGOTIATIONS FOR TRAFFIC LIGHT - 3RD AND MAIN As recommended by the City.Engineer, a motion was made by Councilman Nordquist, seconded by Councilman Nelson to authorize the negotiation for the traffic light at 3rd and Main with General Service Electric . Company. Motion carried. A 14 PROPOSED CLOSING HOURS FOR PARKS . A memo from Al Henderson, Director of Parks and Recreation, recommended that all parks in the city be closed from 10:00 P.M. to 6:00 A.M. and a motion was made by Councilman Bennett, seconded by Councilman Tuson that the Attorney be instructed to prepare an ordinance to put this into effect. Motion carried. SET BID OPENING - PAVING FORSYTHE LANE A motion was made by Councilman Tuson, seconded by Councilman Nordquist-that July 14 at 2:00 P.M. be set as the time for opening bids on the paving of Forsythe Lane from 5th to 6th under LID #167. Motion carried. MEADOWDALE COUNTRY CLUB PROPERTY Councilman Haines suggested that communication be sent to the county urging a move on their acquisition of the Meadowdale Country Club property for a county park site, so as to open up the roads for propek handling of traffic in that area. A letter will be sent to the county by the Mayor. There was no further business, and the meeting adjourned at 10:35 P.M. City Clerk Mayor July 1. 1969 Regular meeting of the Edmonds City Council was called to order by. Mayor Harve Harrison with all councilmen • present except Bennett. Councilman Kincaid reported that Councilman Bennett would be absent from this meeting because he was busy with a client this evening. REPRESENTATIVES FROM HARRY PRIOR & ASSOCIATES Mayor Harrison introduced Paul Reid and Tom Graham of Harry Prior & Associates, who were inthe audience. APPROVAL OF MINUTES Minutes of the meeting of June 17 had been posted and mailed, and with no omissions nor corrections,,they were approved as written. HEARING: EMERALD HILLS DEVELOPMENT AND PROPOSED REMOVAL OF PORTION OF 12th AVE. FROM COMPREHENSIVE STREET PLAN Hearing was held on Emerald .Hills, planned unit development, for the area east of Olympic Avenue and north of Main, across from Yost Memorial Park Site. City Planner Merlin Logan explained that this proposed PUD would come under the existing city ordinance, and consisted of 25 acres in an RS-12 area, with ?3 units proposed on 51 lots varying in size from single family homesites in the eastern section to seven build- ings of multiple units planned for the western section just off Olympic. Councilman Nordquist felt that it was premature to remove the portion of 12tb Avenue N. from he comprehensive street plan before the area is fully developed. There was a great deal of discussion on this proposed removal, and questions to clarify asked of the City Planner. Hearing was then opened. Wade James, architect, assured the council that there would be no substantial changes made on the pre- liminary plan as presented tonight, and reminded the council that the city Building Cept. could refuse to issue building permits to the developer unless the area was developed pretty much as shown. He added that if 120 Avenue in this section were not vacated, it would cut off the area devoted to multiple from the other part of Emerald Hills,, Ray Anderson, developer, feared that leaving 120 on the plan would encourage public traffic to use the private street in Emerald Hills to get to Olympic Avenue, and he also thought the whole area would be unified with the vacation of the portion of 121b. Jim Mueller, Caspers Street, asked about the elevation from 121h to the private road. He also noted that a PUD must be contiguous property and wondered about the intervention of a public street. He also asked about the 50' green belt planned on Main Street. Wade James replied that they planned to leave the existing trees as is, for the green belt on Main, and there would be no wholesale clearing of trees and vegetation. The City Attorney recommended that the Homeowner's Association be bound to the covenants running with the land to guarantee maintenance, etc. of the development in future years. Orland Christensen, 701 120 Avenue N., stated that most of the property owners in that area were opposed to this sort of development; that it amounts to a rezone of the area and would degrade and devaluate the surrounding properties with its multiple plan, and the deterioration would spread. He was also opposed to this because the property owners had believed that 121b Avenue would eventually go through to Main Street. He felt the Planning Commission hearing on this had been rushed through because of the lateness of the hour and many people didn't get a chance to speak in opposition. He added that he felt the information given to the Planning Commission was inadequate at the time of the hearing. A gentleman in the audience then questioned the validity of the Planned Unit Development ordinance. The City Attorney answered that it is valid. Jim Mueller, member of the PRIDE organization, stated that the PUD has some advantages and some disadvantages for the people, but where any substandard zoning is allowed the city as a whole is effected and the people would generally be against this. Frank Lausch, also with the PRIDE group, noted that the majority of people seemed to be against Planned Unit Developments., No one else wished to comment on this hearing, and it was closed. Following discussion, it was moved by Councilman Haines, seconded by Councilman Nordquist that the portion of 12W Avenue in the proposed PUD not be removed from the comprehensive street plan. A roll call vote showed 5 councilmen in favor; Slye against, and the motion carried. Councilman Slye explained that his vote against was because he felt the motion was evading the question on the PUD. •