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.
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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.
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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.
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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
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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.
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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
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