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19720307 City Council Minutes• Donald Roy Bakker. These were referred to the City Clerk for processing. 241 1 SET HEARING DATE FOR MAPLE STREET WATER TANK SITE A motion was made by Councilman Nordquist, seconded by Councilman Nelson that the hearing date for the Maple'Street water tank site be set for March 21, and the motion carried. There was no further business, and the meeting adjourned at 10:20 P.M. Irene Varney MotAn, City Clerk :2d�74� .4 a-4� J Harve H. Harrison, Mayor March 7, 1972 ROLL CALL Regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present except Nordquist, who arrived at 8:50. APPROVAL OF MINUTES Minutes of the meeting of February 15 had been posted and mailed; with no .omissions nor corrections, they were approved as written. REPORT ON SWIMMING POOL BIDS • Bids had been opened on March 6 at 4:00 P.M. in the Council Chambers for Phase.II, Pool and Locker Building for the Swimming Pool. Parks and Recrea- tion Director Rod Garretson reported on the bids received. The basic bid amounts were: Prime Const. Co., Seattle $2761500.00 Saule Corporation, Tacoma 3007000.00 Westgate Builders, Edmonds 2963,632.00 Maple Const. Co., Seattle 3289976.00 Calhoun Const. Co..,, Kent 271,000.00 A.F. Forbes Co., Seattle 2739980.00 Keta Construction Co., Everett 2577609.00 Director Garretson noted that the low basic bidder, Keta, was formerly known as the Venne Beauchamp Co. who had been the prime contractor in the building of the Edmonds Civic Center, and investigation by Mr.. Garretson showed the company to be well known and highly rated. Chet Bennett, Chairman of the Pool Committee, reported on the meeting held on March 6th with the Committee and Advisory Board, following the bid opening. Their analysis of the approximately $40,000 short on monies resulted in a recommendation to proceed with additional funding -,,,since time is of the essence, and the pool could possibly be operational_by summer. Councilman Gellert suggested meeting with the two lowest..bidders to negotiate for possible reductions in the contract, and this might be accomplished in two weeks. Director Garretson stated that the low bidder had already suggested this move. Chet Bennett said the Committee would like a week to negotiate, report to council at the next work meeting, and then bring this for action to the . March 21 council meeting. 'There followed a good deal of discussion and ques- tions from Council. Mayor Harrison then opened the discussion for audience comment. Don Seifert, Pool Architect, in answer to a question from Council- man Tuson, commented on costs and design and the reason for certain specifi- cations in the bids. Paul Roy mentioned the area to be prepared and ready for future footings for building additions. Mr. Beauchamp stated that July 1 was the hoped for completion date based on council committment tonight. Bob Blackbourne questioned whether the city could negotiate with a contractor before a committment'is made. Mr. Seifert said it was wise to award a con- tract first and then negotiate. Ward Phillips told council it was common practice to negotiate without a contract. Councilman Nelson asked Mr. Seifert what the architect's estimate on the pool complex was at this time, and he replied that the original $550,000 total still remained as his estimate. J. Wm. Goulder questioned the interest on the bonds as being spent rather than earned. Councilman Haines was in favor of Chet Bennett's suggested schedule for procedure, and also felt advice should be asked of the city's financial consultants. More discussion followed, and it was then moved by Councilman Gellert, seconded by Councilman Nelson to continue this matter on award of the Phase II Swimming Pool bids until the March 21 council meeting. Motion carried. PRESENTATION BY CHAMBER OF COMMERCE Al Kincaid, president of the Edmonds Chamber of Commerce, presented Council with the Chamber's efforts to revitalize and beautify the downtown Edmonds shopping district. He stated that it was an immediate as well as long range project, which would require cooperation of landlords, merchants, and the 0 242 • City. He had on display colored drawings of the design proposals for reno- vating and/or painting the Beeson, Leyda, Kosmoff buildings, and the Edmonds Edgement Theatre. He then added that to pursue this project, the right man had come along at the right time, and he introduced J. Ward Phillips, who then proceeded to further explain the plans for the renovation, which he felt was merely to try to make better what Edmonds already had. He felt it would be possible to keep to a schedule that would have most of the refurbishing com- pleted by the end of June. Mr. Phillips asked the cooperation of the City for help as follows: Patch the holes in the sidewalk within this area; repair broken curb; re -do striping and sidewalk identification for parking; repair. and paint fire hydrants and waste containers; and change the yellow colored curb painting at corners, preferably to a soft green shade. Mr. Phillips added that the Chamber would like this done by the Arts Festival date in June. Mayor Harrison complimented Mr. Phillips both on his leadership of this project and on his presentation to the council tonight. Councilman Haines noted that the City could well perform the tasks as requested, since he felt they seemed to be not much more than ordinary-.- maintenance, and he therefore moved, seconded by Councilman Tuson that the City of Edmonds perform the requested tasks as listed. Motion carried. Several Edmonds merchants were in the audience and all who spoke commented favorably on the project. HEARING: PLANNING COMMISSION RESOLUTION 365 Hearing had been continued from February 1 on Planning Commission Resolution 365, recommending approval of an amendment to the official zoning ordinance, • changing the list of permitted land uses, establishing an amortization period for non -conforming uses, and establishing a building line in the CW zone. File ZO-3-71. City Planner Merlin Logan briefed council on the recommendation of the Commis- sion, and stated that there had been very little objection at their many hearings. Hearing was then opened. Ben A Luchini of Kafer, Gissberg, & Luchini, Everett attorney representing Merry Manufacturing Co., expressed objection to the proposed zoning, stating that it would place drastic limita- tions on permitted uses, and the merrytiller business would become nonconform- ing. He asked who could say that some marine products were better or worse than some non -marine products. He expressed the opinion that compliance with the Planning Commission recommendation would in fact result in Edmonds' be- coming one huge marina with seasonal operation. He added that the city would then in effect be denying useofproperty and would be in line for a lawsuit. Mr. Allbery, owner of the Merry Mfg. Co., stated that he maintained his property on a regular basis by painting every two years and keeping the beach clean, especially after the 4th of July fireworks display, when people leave a great deal of litter. James Abbott of Abbott, Curtis & Coughlin, attorney for Howard Anderson's marina, protested the changing of land valuation prior to the time of possibly hoping to acquire it for public use. He stated there were future commercial uses for the land, and its value would have wider use than the limits to be set by the ordinance. He added that it would be subject to challenge if the ordinance were adopted, and his client was strongly opposed to it. Clyde Dimmick, manager of the Northwest Fur Breeders Cooperative, said he was against driving out businesses by limitation of uses. He cited the income • derived by the city from the people connected'with his operation. Adoption of the proposal would force this business into an amortization period and with no future use for this particular parcel of land by the City of Edmonds. Mr. Dimmick also wished to know if and why the City would want the land in the future, and also did his business conform at present as a marine oriented business, since it dealt with fish products as feed. City Planner Logan, when questioned by Mayor Harrison, answered that the Fur Breeders would not conform according to the intent stated in the proposed ordinance. Mr. Dewey Leyda, in the audience, felt that the city needs businesses and should not dkive-them out with this ordinance. Attorney Bill Wilson, representing Jack Bevan and John Dontos of the former Pointer -Willamette location, asked to have his clients go on record as opposing the proposal. No one else in the audience wished to comment and the hearing was closed. Councilwoman Shippen supported Mr. Logan's statement that the Planning Commis- sion had no attorneys present to protest at their several hearings. City Planner Logan reported that he remembered Mr. Bevan having attended the last two Planning Commission hearings on this matter and had voiced no objection at that time. Councilman Nelson felt that council should be allowed to study this matter further as he was concerned with the impact to the community by this recommendation from the Commission. Councilman Gellert expressed surprise • • that there were no people here in favor of the proposed ordinance. Council- woman Shippen answered that she would be in favor of holding this matter over for another two weeks only because Councilmen Tuson and Gellert have been away and should perhaps have time to study the facts, but she also voiced the opinion that it was common practice for people to stay away from any sort of city hearing unless they were opposed to something; those in favor just do not come to the meetings. Councilman Nordquist suggested an informal hearing on this matter. Councilman Gellert, feeling there was no great urgency to pass an ordinance on this, moved to continue the matter to the meeting of May 16. Councilman Nelson seconded :the motion, and it carried. At this point, Mayor Harrison asked Council if they would be willing to recess this meeting to next Tuesday because they would be unable to complete all the items on the agenda. It was then moved by Councilman Haines to reconsider the motion on the date for continuation of the Swimming Pool bids, and set it to next Tuesday's meeting. However, Attorney John Wallace ruled the motion to be out of order. RECONSIDERATION OF STREET VACATION REQUEST - HARDY The request from Don L. Hardy for vacation of 156th S.W. between 70th and 68th W. had been continued from February 1 until word could be received from Snohomish County regarding their opinion on the matter. City Engineer Leif Larson re- ported that an answer had been received from the County Park Department via the County Engineer, which indicated they have no objection to the vacation, providing right-of-way access is retained to the park property from 70th Ave. W. • Therefore, the City Engineer recommended that 156th S.W. be vacated between the easterly proposed R/W line for 70th Ave. W. and the vacated R/W of 68th W., and a utility easement also be retained in the vacated right-of-way. It was moved by Councilman Haines, seconded by Councilman Nordquist that the property be vacated as recommended by the City Engineer, and instruct the Attorney to pre- pare a resolution to proceed with this matter. Motion carried. A motion was made by Councilman Haines, seconded by Councilman Nordquist that Council at this time take up Item #15 next on the agenda. A roll call vote showed 5 councilmen in favor; Nelson and Tuson against, and the motion carried. ACCEPTANCE OF UTILITY EASEMENT - ROTHAUS City Engineer Larson explained that under LID 164 the City had received an easement from the Rothaus' without cost. At the time, there was a misunder- standing as to what was intended, and the easement wound up cutting across the vacant lot. Therefore, when the lot was put up for sale, it was discovered a building could not be placed on it. This new easement would be relocated across the east end of the Rothaus' home property, and the city would then vacate their vacant lot with the stipulation that a building can be located on it, but provisions made to avoid the sewer line. A motion was made by Councilman Tuson, seconded by Councilman Nelson to accept the new utility easement from Mr. & Mrs. Rothaus. Motion carried. OCCUPANCY PERMIT POLICY Harry Whitcutt, Building Official, asked for incorporation into thezoning code the requirement for posting of a performance bond prior to issuance of certain permits. Councilwoman Shippen said she would like consideration of continued • maintenance of site added to this proposal. Jane Cunningham; in the audience, stated that the new stores in the neighborhood near Grandview had created problems when the parking area was paved with improper or inadequate drainage facilities, and nothing had been done to correct it since November 1971. She felt these stores should not be permitted to be occupied until everything complied with city requirements, including drainage problems. A motion was made by Councilman Gellert, seconded by Councilman Nelson to instruct the Attorney to prepare an ordinance containing the recommendation of the Building Official and continued maintenance of any plantings as expressed by Council- woman Shippen. Motion carried. ■ FINAL REPORT ON AID CAR BIDS Fire Chief Cooper reported that three bids had been received on the Fire Dept. Aid Car: Luckey's Chrysler -Plymouth & GMC, Inc., Poulsbo Total Basic Bid - $89681.40 Alternate Bid - $99413.25 Chef's Campers, Inc., Seattle Total Basic Bid - $3,665.76 for Part II Only Alternate Bid - $ 139.13 with no air conditioner GMC Truck and Coach Division, Seattle Total Basic Bid - $69438.23 Alternate Bid - $ 183.23 with air conditioner added to make a total bid of $7,067.71 Incl. tax • Upon recommendation of the Fire Chief, it was moved by Councilman Nelson, 244 • seconded by Councilman Tuson to award the bid for the Fire Dept. Aid Car to GMC Truck and Coach Division for the total bid price of $7,067.71. Motion carried. CORRESPONDENCE A letter from Fire Chief Jack Cooper, addressed to the Mayor and Council was read, wherein he reported on the efforts of men from the Police, Public Works and Park Departments working in hazardous conditions, and despite all their efforts, were unable to save the life of Mr. Bernie Carlton, who was trapped in a cave-in. PETITION FOR WATER MAINS A petition was acknowledged, signed by a majority of the property owners now served by a 4" steel water main along Talbot Road and Frederick Place, re- questing replacement at city expense with an 8" cast iron water main and in- stallation of all necessary fire hydrants in accordance with City of Edmonds codes. 0 CLAIMS FOR DAMAGES Claims for damages were acknowledged from Walter D. & Jeannette Nelson, Eliza- beth A. & Laurence D. Briney, and from William R. & Jean E. Adams. These were referred to the City Clerk for processing. CAO REPORT The City Engineer requested that the date for opening of bids on 100th and • Firdale from Edmonds Way to 244th S.W. be set for April 3, and a motion was made by Councilman Nelson, seconded by Councilman Gellert that April 3 be set as the date for opening bids on this Phase II UAB project. Motion carried. MINI -PARK AT FERRY LANDING Mayor Harrison announced that the mini -park at the ferry landing was now in the possession of the city. PREPAYMENT ORDINANCE - LID 178 A motion was made by Councilman Tuson, seconded by Councilwoman Shippen that proposed Ordinance #1594 be passed, prepayment period expiration on LID 1789 Phase II of UAB project for 76th, from 218th to 244th. Motion carried. COUNCIL MEETING RECESSED A motion was made by Councilman Haines, seconded by Councilman Nordquist to recess this meeting to next Tuesday the 14th in order to complete the agenda. Motion carried with Councilmen Gellert and Nelson voting against. ANNOUNCEMENT OF RETIREMENT DINNER Fire Chief Cooper announced that on March 24 at the Edmonds Yacht Club a re- tirement dinner will be held to honor Firemen Jakobitz and Milholland, and tickets are available at the Fire Department for anyone who would like to attend. Meeting was then recessed at 11:35 to Tuesday, March 14 at 8:00 P.M. • "Aad Irene Varney Mor4h, City Clerk Har`ve H: Harrison, Mayor March 14, 1972 ROLL CALL Recessed meeting of the Edmonds City Council was called to order by Mayor Harve Harrison. All councilmen were present. SECOND READING ORDINANCES A proposed ordinance upholding the recommendation in Planning Commission Resolution 369, Conditional Uses, allowing funeral homes in RHM zones, was briefly explained by City Planner Merlin Logan. This would amount to a cor- recton to permit funeral homes in RMH rather than in RML zones, as was probably intended originally. It was moved by Councilman Haines, seconded by Councilman,Gellert that proposed Ordinance 41595 be passed, to allow funeral homes in RHM zones, and the motion carried. A proposed ordinance to uphold the recommendation in Planning Commission Resolution 370, including a council amendment, for setback requirements in 0