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19700421 City Council Minutes8 • APRIL 219 1970 ROLL CALL Regular meeting was called to order by Mayor Harrison with all councilmen present except Kincaid. APPROVAL OF MINUTES Minutes of the meeting of April 7 had been..�.posted and mailed, and with no omissions nor I.corrections, they were approved as written. APPOINTMENT TO LIBRARY BOARD Mayor Harrison made the appointment of Mrs. Harry Skinner to replace Harold Groat on the Library Board. It was moved by Councilman Slye, seconded by Councilman Tuson that the Mayor's appointment of Mrs. Harry Skinner to the Library Board be confirmed. Motion carried. A motion was made by Councilman Tuson, seconded by Councilman Slye that a letter of commend- ation be written to Mr. Groat. Motion carried. ECOLOGY COMMISSION Mayor Harrison announced that he would be appointing members to an Ecology Commission for the City of Edmonds during the next week. PRESENTATION FOR MORATORIUM AT YOST PARK Karen Mikkelborg, representing the Edmonds Student Environmental Action Council of the four area High Schools, made a presentation to the City Council for a moratorium to be declared • on Yost Memorial Park until an environmental study or ecological survey caibe made of the area. The purpose of this survey, to be done by student classes, would be to determine how best to develop the park property without unnecessarily destroying plant and animal life.' The students and their.advisor stated that they hoped to have the results of their survey by May 22. 1 • I!, HEARING: FINAL ASSESSMENT ROLL - LID #173 Hearing on the final assessment roll for LID #173, sewering of the petitioned portion of Unit 7, was continued from the council meeting of March 17. City Engineer Leif Larson ex- plained that the continuation was to determine additional properties to be connected and give these owners notice that they could make a deposit for the assessment amount to the city and this would be credited to the LID, thus making a slight,difference in the cost per zone front foot to property owners on the assessment roll. Property owners who could be served by gravity had been contacted, but since they had been unable to make the.necessary deposit, it was recommended that tl-eproposed ordinance from the March 17 meeting confirming the final assessment roll as originally drawn now be passed. Continued hearing was then opened. Robert Small asked if the party contacted had decided that he did not wish to pay the money, or did not wish to be sewered? He noted that connection and payment at a later date would not benefit the present property owners on the assessment roll. It was announced that the difference if this property were included at this time would amount to approximately 33e per zone front foot. However, although it was explained that legally you cannot enlarge the boundaries of an LID, but can proceed by prepayment into the LID by the added property and decrease the other assessments accordingly, it was brought out that one vacant property had not been included which should have been. With this in mind to contact the owner of this parcel, both the City Engineer and property owners on the assessment roll requested contin- uation of the hearing. Hearing was closed, and it was moved by Councilman Nelson, seconded by Councilman Tuson that the final assessment roll for LID #173 be continued to May 5. Motion carried. HEARING: PLANNING COMMISSION. RESOLUTION #321 'Hearing had been continued from the meeting of April 7 on Planning Commission Resolution #321; to amend the zoning ordinance to allow gas stations in BN zones, subject to a conditional use permit. Hearing was reopened. Mrs. Cunningham, Gnandview, had a statement read asking Councilmen Kincaid and Nordquist what positive action the residents living adjacent to this gas station problem should take in regard to noise, fumes, itc. No one else wished to comment and the hearing was closed. Following discussion, a motion was made by Councilman Nelson, seconded by Councilman Haines.., that proposed Ordirmce #1480 be passed. Councilman Slye felt the Board of Adjustment should not have this power in regard to gasoline stations; that it was a normal function of service stations for a drive in and out area; but that a restaurant or laundry would survive without a drive-in area. Councilman Haines stated that the need for a conditional use permit would provide site screening for benefit of residents living adjacent to gasoline stations in BN zones. Councilman Sanborn expressed surprise that service stations were not included in the writing of the original ordinance. A roll call vote was taken on the motion to pass the ordinance, ans carried with 4 yes; Councilmen Nordquist and Slye voting against. HLA&ING. PLi NNING COMMISSION AL6ULU1IUN YA322 Hearing on Planning Commission Resolution #322, continued from the meeting of April 7, was held. This resolution rec ommended denial to a proposed amendment to the zoning ordinance which would remov a the term "Distribution Centers and Accessory Storage" from the list of permitted uses in the BC, CW and IP zones. Councilman Haines wished to state for the record that he would abstain from voting and refrain from comment as he had interest in waterfront property. 0 r r 82 Having opened the hearing, Mayor Harrison suggested that perhaps the Resolution could be • ciaanged to omit the'IP and BC zones from the proposed amendment, leaving only the CW zone. Jim Mueller asked for a defination of distribution center. A question regarding the ordinance came up, and it was noted that because this was a denial from the Planning Commission, nothing was in ordinance form until a decision was made by council as to what any proposed ordinance would contain. Mayor Harrison read the resolution from the Planning Commission. No one in the audience wished to speak and the hearing was closed. Following discussion, it was moved by Councilman Sanborn, seconded by Councilman Nelson that the City Attorney be instructed to prepare an ordinance to remove the indicated uses from the CST zone only. Motion carried with 4 councilmen voting in favor; Slye against, and Haines abstaining. HEARING: PLANNING COMMISSION RESOLUTION #324 Hearing.on Planning Commission Resolution #324, recommending approval of a proposed amend- ment to the -zoning ordinance by delegating to the Board of Adjustment the authority to review citizen's complaints regarding the keeping of horses,. had been continued from the meeting of March 3. The Mayor suggested that both this item and the next item on the agenda having to do with a proposed ordinance to give the Park Director authority to restrict horses from designated areas within the city limits should be referred to a Study Committee which he planned to establish. It was therefore moved by Councilman Slye, seconded by Councilman Tuson that Planning Com- mitsion Resolution #324 be denied, and the motion carried. A motion was made by Councilman Slye, seconded by Councilman Sanb orn to refer the matter to the special horse study committee, which the Mayor would appoint. Motion carried. A motion was made by Coinuncilman Tuson, seconded by Councilman Slye to deny the proposed ordinance to give the Park Director authority to restrict horses from designated areas • within city limits and refer this also to the special horse study committee. Motion carried. Mr. Swanson in the audience read a letter in favor of keeping of horses by young people. Mayor Harrison then appointed a horse study committee; Louie May, Chairman: Dr. B. G. Ostolaza, Gail Leslie, John Corey, G. Swanson, Mrs. McDougal, the Edmonds City Planner, Dir' ector of Parks and Recreation, Edmonds Building Official, Edmonds Police Chief, and the Edmonds Animal Control Officer. At this point, D. C. Lawson, Edmonds Chief Administrative Officer, publicly commented on the fine representation of the young people in the audience and how well they conducted them- selves. These students were those interested in the horse problems, from both the Tumble- weeds and 4-H Clubs, and also those connected with the Edmonds Student Environmental Action Council. TRYGVE FIKSDAL CONDOMINIUM - WATER LINE LCA A request for a Late Comer Agreement for a water line to serve Trygve Fiksdal's condominium had been continued from the meeting of April 7. Engineer Larson recommended council approval to proceed with the negotiations on drawing up an LCA. It was moved by Councilman Haines, seconded by Councilman Nelson to authorize the City Engineer and City Attorney to proceed with the negotiations for.the Late Comer Agreement. Motion carried. REQUEST FROM RONALD SEWER DISTRICT FOR SEWER SERVICE A request received from Ronald Sewer District for sewer service to 33 homes had been continued to this meeting from April 7.1 Councilman Tuson stated thatReid Middleton & Associates, Inc. had originally designed the disposal facilities to handle the area to the south in case of possible annexation to the city. Discussion followed, and it was then moved by Councilman Nelson, seconded by Councilman Tuson that the City of Edmonds Accept the request of the • Ronald Sewer District for sewer service to 33 homes; establish a fee and recurring amount as adv ised by the City Engineer; and subject to the restriction of boundaries as per exhibit included in Reid Middleton's letter dated September 2, 1969, and bounded on the east by just west of Greenwood Ave. No., on the south by just north of NW 203rd, and on the west by 8th N.W.; with a contract agreement being formulated, to be reviewed and approved by the City Council. After more discussion, Councilman Haines moved, seconded by Councilman Nelson that the motion be amended to include obtaining approval of Olympic View Sewer District on the agreement. Councilman Sanborn then moved to amend the amendment to the motion to strike "as advised by the City Engineer" and have the Engineer advise the council first on the fees before the agreement is drawn. It was clarified that council would be consulted and these fees would be spelled out in the proposed agreement before council accepted it, and therefore Council- man Sanborn withdrew his amendment. Vote was then taken on the amendment to the motion to obtain approval of the Olympic View Sewer District on the agreement, and the amendment carried. The main motion, as amended, was then voted upon, and this also.carried. POSSIBLE ADOPTION OF YOST PARK PLAN Consideration of Possible adoption of the Yost Park Plan was again taken before council. Earlier in the meeting, the Edmonds Student Environmental Action Council had made a present- ation for a moratorium to be declared on Yost Park. Bill Phillips, Chairman of the Edmonds Park & Recreation Advisory Board, invited the moratorium committee to attend the next meeting of the Edmonds Park Board, and asked council to consider postponement of any action on the Yost Plan until after discussion with the student group. It was therefore moved by Councilman Tuson, seconded by Councilman Nordquist that this matter be postponed to the • June 16 council meeting. • 8 ai A gentleman in the audience noted that the citizens of Edmonds have changed their views and attitudes ecolgically on park lands since the bond issue went before the voters. Council- men Sanborn and Haines'felt the comprehensive Yost Park plan should be adopted, but all implementation held until after the student survey is completed. Natalie Shippen stated that for practical reasons she felt the Yost Park plan should be adopted now, but agreed with Councilmen Sanborn and Nelson that it need not be implemented until after the survey results are reported to council. A roll call vote was taken on the motion to postpone the matter to June 16, and resulted in a 3 to 3 tie: Councilmen Tuson, Slye and Haines in favor; Sanborn, Nelson and Nordquist against. Mayor Harrison broke the tie by iroting in favor,.and the motion carried, post- poning the matter to June 16. TRAFFIC VIOLATIONS BUREAU Second reading was held on the proposed ordinance to establish a traffic violations bureau, and it was moved by Councilman' Tuson, seconded by Councilman Nelson that proposed Ordinance #1481 be passed; creating this bureau, setting forth bail procedures and consequences, and prescribing the duties of the violations bureau. Motion carried. RESOLUTION OF INTNNTION - WATERMAINS - DRIFTWOOD LANE & 8th The Attorney having been instructed to prepare a Resolution of Intention for an LID for watermains in the area of Driftwood Lane & 8th Ave., a motion was made by Councilman Nordquist seconded by Councilman Slye that proposed Resolution of Intention #230 be passed, with the hearing on the preliminary assessment roll to be held May 19. Motion carried. • AUDITING OF BILLS A motion was made by Councilman Haines, seconded by Councilman Nordquist that the following LID bills be paid: LID #164 - $4,616.00 to National Construction Col., Inc. for staisfaction of lien against the LID; $23,330.65 to Reid, Middleton & Associates, Inc. for engineering services; $939.71 to Ewing Electric Inc. for estimate #1 on construction of two standby generator stations; and the City Clerk be authorized to issue interest bearing warrants to Grande & Co., Inc. in the total.amount of $28,886.36 to cover these bills. LID #167 - $7,766.10 to Western Sewer & Construction Co., Inc. for contractor's estimate #1; $1,424.44 to Reid, Middleton & Associates, Inc. for engineering services; #3.20 to Edmonds City Treasurer for filing fee; and the City Clerk be authorized to issue an interest bearing warrant to City of Edmonds in the amountof $9,193.74 to cover these bills: LID #176 - $2.00 to Edmonds City Treasurer for filing fee, and the City Clerk be authorized to issue an interest bearing warrant to City of Edmonds in the same amount;.; LID #177-.'$450.00 to James A. Murphy for legal services, and the City Clerk be authorized to issue an interest bearing warrant to City of Edmonds in the same amount to cover this bill; LID #178 - $18.40 to Edmonds Tribune Review for legal publications, and the City Clerk be authorized to issue an interest bearing warrant to City of Edmonds in the same amount;, -to cover this bill; Motion carried.' It was moved by Councilman Haines, seconded by Councilman Tuson that payment of warrant #51 against the 1967 Water -Sewer $400,000.00 Revenue Bond Issue, in the amount of $5,635.74 be authorized to Reid, Middleton & Associates, Inc. for engineering services, Motion carried. • It was moved by Councilman Haines, seconded by Councilman Nordquist that vouchers #10,494 through,,#10,668 in the total amount of $198,493.95 be approved, and the City Clerk be authorized to issue warrants in payment of these regular monthly bills. Motion carried. CORRESPONDENCE A letter in the form of a petition was recieved from several property owners in the area of 3rd Avenue and Howell, asking for consideration on prevention of damage to their property from stray balls from the park pl.ayfield. A motion was made by Councilman Haines, seconded by Councilman Tuson that:`this be referred to the Park and Recreation Advisory Board. Motion Carried. The Mayor read a notice regarding a beach hike on Saturday, April 25 during Environmental Week, April 20-27, from Carkeek Park to the King County Park near Richta=and Beach. Also, High School students will be cleaning the Edmonds beach on the same day. AUDIENCE PARTICIPATION Jim Mueller, speaking as an individual, expressed his concern with Mayor Harrison's partici- pation as a city official in the Peacki March on Friday, April 17. Mayor Harrison stated that criticism had been received from some areas onluse of the city . streets and park for demonstration -type parades and marches. A letter was then read from, D. C. Lawson, Chief Administrative Officer, regarding any possible future demonstrations in the city and suggesting that perhaps a $75,000.00 bond should be required as insurnnce against any damage that might occur as a result. Mayor Harrison asked if the council wished to establish a policy at this time. Councilman Haines answered that in regard to the Mayor having marched in the parade, it was done as an individual and not as a representative of • the City of Edmonds. He added that he thought a review and further study at a work meeting should be given to the question of bonds and policy on future parades. Mr. Mueller asked s8 4 • that the Mayor consider several citizens, including members of the American Legion, eta., as members of a committee for study of the matter, which he felt should be given as rapid consideration as.possible. Councilman Sanborn asked if it were possible to have an ordinance that would state costs for extra police, etc. must be paid by the demonstrators. Fire Chief Cooper suggested that the council not defer this matter too long. Attorney Murphy, when asked, stated that the city certainly could not deny marches for personal reasons, but only deny permits to groups advocating overthrow of the government by force and violence, such as the Communist Party. Councilman Sanborn then asked that this matter be deferred to a special work session of the council. Jim Haley, reporter from the Western Sun, asked that the press be notified of that special meeting. REQUEST FOR "THE AQUARIUS" COCTAIL LOUNGE Larry Wilson, Attorney for the owners of a proposed new cocktail lounge in Edmonds, asked the council -and Mayor for their opinion of a new location for this lounge to be known.as "The Aquarius". He noted the change in name from "Oil Can Harry's II", and stated that the plan was to build just north of the Bartell Drug Store as an expansion of the Safeway Plaza Shopping Center on Sunset. Mr. Wilson felt that an opinion from the council would help before applying for a license and erecting a building. Council, however, did not express an opin- ion and stated that this could be considered at a•council work meeting, with recommendations asked from the Building Official, Chief of Police, etc. Councilman Haines suggested that a public hearing could be set up for this, but Attorney Murphy felt following a work meet- ing, itr,�could be put on a future agenda merely for interested citizens to be heard if they wished. It was decided that thismatter would therefore go into a work session for dis- cussion. CLAIMS FOR•DAMAGES Claims for damages were acknowledged from Dennis J. Rothaus and from James A. Cole. Both were referred to the City Clerk for processing. • AWARD BID - PHASE II CONSTRUCTION - UAB 76th Bids, were on Schedule I - Street Improvements and Schedule II - Water & Sewer Mains. SCHEDULE I SCHEDULE II -Knowles Construction Co. $4189075.00 $40,015.00 T. & E. Construction, Inc. 426,198.50 38,128.50 Bass Construction 4349189.25 39,645.00 Pacific Paving Co. 434,208.00 =: J - -�40' 939.00 Tri-State Constuction Inc. 439,270..00 42:524.00 Bay Construction, Everett 453,530.00 41,175.00 Bellevue Bulldozing 4600775.00 42,325.00 Lynnwood, Construction 482,118.00 449701.00 O'Leary Construction 492,953.50 43,990.00 City Engineer Larson reported thatthe engineer's estimate had been $478.455.00 for Schedule I, and $43,030.00 for Schedule II. He then recommended acceptance of the'low bid. A motion was made by Councilman Slye, seconded by Councilman Nordquist that the city accept the low bid of Knowles Construction Co., in the amount of $418,075.00 for Schedule I, $409015.00 for Schedule II, in the total amount of $58,090.00, subject.to the approval of the Urban Arterial Board, and the Mayor be authorized to enter into contract with them for the project. Motion carried. PLANNING COMMISSION RESOLUTION #332' Planning Commission Resolution #332, File ZO-3-70 was presented to council, recommending denial to the proposed amendment to the official zoning ordinance, establishing site review • provisions as a part of the Commercial Waterfront zone. City Planner Merlin Logan explained the findings of the Planning Commission - that adoption of a proposal such as this would not benefit the city nor assist in the implementation of the comprehensive plan as taller build- ings would tend to damage views over the Sound. A motion was made by Councilman Slye, seconded by Councilman Nordquist that the recommendation in Planning Commission Resolution #332 be°,,upheld by council and the proposed amendment be denied. Motion carried with Councilman Haines abstaining since he has an interest in waterfront property. COINCIL PARTICIPATION Councilman Slye reported that there was some indication that the ferry,system might exchange the ferry San Mateo for a 50 ft. addition on the north side of the dock, from the Sunset Beach property. There was no further businews to come before council, and the meeting•was adjourned at 11:20 P. M. Irene Varney Moran, eity Clerk H. Harrison, Mayor 0