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19720321 City Council Minutes246 • charged the tax, didn't..receive some of this money. Councilman -Haines noted that it was his understanding that council had hoped at the time that this extra tax was .added, that the extra collected money would go -toward under- ground wiring and.a separate.fund would be set up -so that when a.big project, came up,cthe money would have accumulated and the city would then be in -a position to.match.funds and pay for the project. Councilman Haines suggested that 2% of this money should be placed into a fund allocated for.underground= ing and some earmarked for Water Department for future rehabilitation of the water system... It was reported -that a contingency fund now has some of this money. Councilman Gellert.suggested.the-fund limit to be $200,000 maximum. Councilman Nelson noted the impact on the total -financial structure of the City, and some funds would be depleted by this redistribution of monies. Following much discussion,.it was moved by Councilman Haines,*seconded by Councilman Nelson.to..instruct the Attorney to prepare an amendment to. Ordinance #1463, reflecting the thoughts as stated with a 3 year accumulation for undergrounding, and the extra 2% of*the water increase be placed in the Water Dept. fund on'a continuing basis. The motion carried. APPOINTMENT TO COUNTY HEALTH DISTRICT BOARD Mayor Harrison appointed Councilman Tuson to serve on the Snohomish County ' . Health District Board. Councilman Nordquist also represents Edmonds as a member of this Board. There was no further business for the recessed meeting, and it was adjourned at 9:00 P.M. Irene Varney Moraln, City Clerk Harve' H. Harrison, Mayor March 21, 1972 ROLL CALL The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present. APPROVAL OF MINUTES Minutes of "the regular meeting of March 7 and the recessed meeting of March 14 had been posted and mailed. It was noted that on the recessed.meeting of March 14, in the last paragraph under the proposal to amend Ordinance #1463, allocation of collected monies from Utilities Tax, Councilman Haines' motion should read .... and the extra 2% of the gross revenues be placed in - the -,Water -Department fund on a continuing basis. There were no other omissions nor cor- rections, and.the minutes of both meetings were approved. SWIMMING POOL.BIDS Rod Garretson, Director of Parks and Recreation, briefed -council on the swim- ming pool financial report, a copy of which had been furnished each member. This showed the necessary additional funds to complete the pool to be $37,442, with suggested additional funds for purchase of half of the lockers, for drainage and gravel for a parking lot, and a contingency fund for construction to amount to another $24,500, which made the proposed total additional funds needed to be.$62,000. Director Garretson, with approval of -the Swimming Pool Committee -and Park & Recreation Advisory Board, recommended (1) that the con-' tract be awarded to the low bidder, Keta Construction Co., for a basic bid of $257,609.00 and (2) that a councilmanic bond sale for $62,000 be approved to adequately complete.the project. There followed several questions from council directed to Mr. Garretson for clarification purposes regarding items on the financial report, and it was then moved by Councilman Tuson, seconded by Councilman.Haines to accept the low bid of Keta Construction Co. for the basic amount of $257,609.00. At this point, Mayor Harrison asked for a show of hands as to how many in the audience were present for the swimming pool question, and --the majority were.' He then asked how many were in favor of going ahead, and -most were; another show of hands saw a scattered few who.were-against, The Mayor invited anyone against the proposal to speak first, and Brian Steinke, a student at Edmonds Junior High School, came forward. Brian stated he was seriously opposed to the swimming pool planned for Yost Park because of the ecological impact it would have on that area; the disturbance to wildlife and spoiling of the natural beauty of the park in its present state. He said he had talked with Director Garretson and had been told that park area should be useable, but Brian felt this was absurd because..the park was a natural area where one could walk through and enjoy nature. Development, he warned, would only bring more people into Edmonds and with them,.more problems. He felt that Yost Park was one ' place left where you could find -quiet and.relaxation, and -he then suggested the City Park on Third.Avenue for the.pool location, stating that it already has facilities needed, including parking area. It would also bring people through 1 1 1 0 the downtown Edmonds area, which he felt could use the business. Bob Blackbourne, Daley�Street, noted that approximately 58% of the people had voted in favor of the swimming pool at Yost Park, and he felt that although Brian had a point, much study had been done by experts for the pool location, and the area proposed is not in_a beautiful part of the park, but rather in an area that could well be improved by the addition of the pool. Furthermore, he added that for many years Edmonds had gone through the trials of trying to get a municipal swimming pool, and although it was too .late for his, and many others' children to enjoy, the younger people would still be able to benefit from it. Capt. Shields asked how many people attend the City Council meetings and are interested in city business unless there is a special item such as a swimming pool being discussed. He stated that bonds for a pool had been voted down twice, and the vote is the voice of the people. He added that he attends most of the council meetings, and when council is balancing the budget once a year, they can quibble for months on many items, but now it seems many thousands of dollars can be taken out;.:eof thin air. He mentioned that voters will remember who voted for what at the next election. Mayor Harrison replied that during campaigning, he and most of the councilmen had stated they were in favor of a municipal swimming pool for Edmonds. Walt Sellers, 1028 Daley, told council that Yost Park had been named after his great grandfather, and Mr. Yost was a forward -looking man who would undoubtedly favor a pool in the Park, and he personally felt that if council did not go ahead on the project at this time, it would linger for a long period of time before becoming a reality. Chet Bennett, speaking in behalf of the Swimming Pool Committee, Park & Recre- ation Advisory Board, and others who had spent a great deal of time working toward realization of this pool, stated that this municipal swimming pool in' Yost Park would end the work of many people over a period of years. He said with all due respect to Capt. Shields that one reason people do not attend council meetings regularly is because they elect officials and then place their confidence in them to do the best for all concerned. He said that July 1 would be the completion date if the council voted in favor of the pool tonight. He felt that with two significant votes on the pool over the years, it showed that the majority of Edmonds citizens.wanted this; that the majority should rule; that the bond issues failed merely because of the 40% - 60% ruling on bond issue elections. Mr. Bennett added that there was no vocal majority against having the pool, and those who were fearful of upsetting the natural beauty of Yost Park should realize that the pool would go into an area that had been a'garbage pit, and with no significant loss of trees. He went on to say that if council continued the matter, it would kill the issue and there would be no pool for the citizens, 58% of whom obviously wanted .it. Mr. Bennett reminded the council that Edmonds had pride in the community and much had been done for its citizens; the city was first with a comprehensive plan, for example. He therefore urged.,positive action tonight. Councilman Nelson then stated that he had been in favor of a pool and still wanted one, but that he had changed his mind about this project as it stood. He felt the ultimate objective did not include an uncovered pool, and that the majority were in favor of a year round facility with a cover. The issue to- night requires council provide more money and change the original decision of • last year. He felt he.did not want to gamble with the public's money and pro- vide an.open pool with a pledge of more money and then gamble again with a vote for a cover in November. Councilman Nelson said he would vote against the motion to -accept the bid, but suggest placing on the November ballot the question "do.you want a pool" - yes or no; and another question for yes or no, "do you want concilmanic bonds issued for the cover He felt this would be. a better approach. Councilman Gellert said he agreed somewhat with Councilman Nelson, but an uncovered pool is not a negative issue; 75% usage would be by' the under high school age children, whose leisure time is mostly during the summer months. The Mayor asked for a show of hands of those in the audience who would.prefer an open pool to no pool at all at this time, and the majority of people responded in favor. Councilman Haines stated that this municipal swimming pool would be the first step in total development of Yost Park, and if the step isn't taken now, it would be a long time before anything along these lines is ever.accomplished.. A roll call vote was then asked for on.the motion to accept the low bid of Keta Construction Co. All council members voted in favor except Nelson, and the motion carried. Mayor Harrison then declared a 10 minute recess. SWIMMING POOL BONDS Mayor Harrison stated that CAO Whaley had discussed the possibility of further bonding for the swimming pool with. Dan Nelson,.financial consultant from Foster & Marshall, and had been advised that at.5% to 5?% interest on $62,000, it would amount to approximately $7500 per year on a 10 year issue. Following. discussion, it was then moved by Councilman T.uson, seconded by Councilwoman Shippen to authorize the issuance of $62,000 in councilmanic bonds on the • basis of a 10 year period. Councilman Nelson stated that this amounted to a • 25% override and with a lesser quality pool than was originally desired. Motion carried with Councilman Nelson voting against. It was then moved by Councilman Gellert,.seconded by Councilman Haines that . since these were.councilmanic bonds, the City Council shall approve all change orders which might increase the price•of the pool over the initial contract, which would mean anything exceeding the $37,442.00 figure,on the financial report submitted by Director Garretson. Motion carried. Director Garretson noted that the contractor was now looking at the July.1 completion date on the pool. June 1 had been on the bid, but only if it had been accepted two weeks ago. He reported that all the people involved in the pool study committees had informally agreed that the extended date to July.1 would be acceptable with the $50.00 penalty starting from that date. HEARING: APPEAL FROM DENIAL IN PLANNING COMMISSION 371 Hearing was held on the appeal from Dave Larson from the recommendation in Planning Commission Resolution 371, to deny a proposed amendment to the official street map, establishing a future 60' wide street R/W along the bottom of Shell Valley from Main Street at 86th P1. W. southwesterly to the future street previously adopted, as set forth in Planning Commission File ST-7-71. City Planner Merlin Logan explained four maps which he had posted. One map was the adopted plan in effect today.on the official streep map; one a segment sent back.from the council to the Planning Commission to determine the best location for the street design; the recommendation from the Planning Commis- • sion in Resolution 371; and a proposal from the City Planner and City Engineer. Mr. Logan read the letter of appeal from Mr. David Larson and also read the minutes of the Planning Commission hearing held on December 15 on this matter. He then recommended that council adopt the proposed street alignment on one of the maps.as shown. Mayor Harrison asked City Engineer Leif Larson if the street in the valley should be located in the lowest area, because of drainage. Engineer Larson answered that the street system with proper drainage facilities would be adequate, and that some storm tile had already been installed at this. location. After some further council discussion, hearing was.opened. Mr. Dave.Larson stated that he did not feel the Planning Commission reviewed the council's question on.alignment; that the Commission merely denied, with no vote on the. alignment of the road. He said that subdivisions have been denied for lack of access in this area, and.a 60' R/W would be essential to.serve the number of homes that could eventually be built. He felt if people wished to build, they must make dedication for a road. Mrs. Wayne Smith told council she and her husband have about 1.12 acres for 5. lots, but.the proposed 60' R/W•would.go down through the middle of this property. Mr. Smith said they.could wind up.with hardly anything after taking for a road and perhaps a bicycle trail, and he felt they should be compensated for the damage. The Smiths also mentioned the extremely wet ground conditions presently on their property. Councilman Haines answered that the Smith's land was always -in the natural drainage area, and was considerably wetter before the tile was installed. The safety of the proposed intersection, with access across from.86th P1. W. on Main Street, was discussed at.great length. Following this, with no one • else in the.audience wishing to.comment, the hearing was closed. Councilman Haines noted that he concurred with Dave Larson in that this had been sent back to the,Planning Commission for a.r.ealignment,.not a denial, and since the:City,Engineer and City Planner had agreed that this. design presented tonight was the.bes,t recommendation under the circumstances, -.he therefore moved, seconded by Councilman Nordquist to approve the.alignment as recom- mended by the City,Planner and City Engineer and•instruct the City Attorney to prepare.an ordinance to place this 60' R/W on the official street map. Councilwoman Shippen said she wondered.if having a long culdesac up to Main Street would override the,safety hazards of the access -on Main? Councilman, Gellert stated the safety hazard certainly should be considered,,and if one person was injured here, it would outweigh any benefits of having access from the Valley to Main. Police Chief Marlo Foster said he agreed with Councilman Gellert, but he felt perhaps the.City. Engineer could offer some sort of solution to the hazard problem. Engineer Larson answered he realized this would not be an ideal Situation, but Main Street exists with this long curve,, and it seemed logical from an engineering standpoint to place the access across from 86th Pl. W., where it would form an.intersection and signs to warn motorists could be installed. He added that fire access to the Valley from Main was also a factor. Vote was then called for on the motion to approve the alignment as recommended by the City Planner and Engineer, and a roll call resulted in Councilmen Nelson, Nordquist and Haines voting in favor; Gellert, Tuson, Shippen and Winters against, and the motion failed to carry. Since Councilman Gellert did not feel that a safe access could be provided as 0 249 LJ the alignment now stood, he therefore moved to refer the matter back to the Planning Commission for study of the possible establishment of a culdesac at the end of the established R/W and/or possible realignment of the Shell Valley Road, if necessary. This motion was seconded by Councilman Nelson. Council- man Nordquist then moved to amend the motion to state that the Planning Com- mission also study the possibility of access to Main Street. This.was seconded by Councilman Nelson, and the amendment carried, with Councilman Gellert voting against. The motion, as amended, then carried. HEARING: PLANNING C014MISSION RESOLUTION 372 Hearing was held on Planning Commission Resolution. 372, recommending .the ap- proval of an amendment to the official zoning ordinance, revising section 12.13.0407 A:; L. Guest House, in accordance with Planning Commission File ZO-10-71. City Planner Logan briefed council on how'this amendment came about, from the property owners' complaints on 216th regarding a guest house misuse. He re- minded council that the guest house would be -subject to a conditional use permit, providing the-minumum lot area for the principal building and guest house shall be 20,000 square feet, regardless of zoning, and no paying roomers, boarders, or tenants shall occupy same. This would allow the adjoining residents in the area to be aware that a guest house is to be built and enabel them to express their opinion before construction occurs. Since there had been a great deal of discussion previously at council meetings, dealing with the problem on 216th it was moved by Councilman Haines, seconded • by Councilman Nordquist that proposed Ordinance #1598 be passed, and the motion carried. HEARING: MAPLE STREET WATER TANK SITE City Engineer Leif Larson reported that a petition had been received,'protest= ing the proposed construction of a second water tank at the corner of 10th and. Maple. The City had delayed action on study of sites, pending developmezai of the Swimming Pool location. Engineer Larson stated that there had been news- paper publicity given on the proposed water tank site, and this afternoon the Engineer's office had notified by telephone all people who had signed the petition. He presented plans to (A) renovate the existing tank and place a second tank adjacent to this at the same site, feeling this would affect the view the same as if a house were built on the property; (B) place one tank in Yost Park and renovate the existing tank for additional storage-, purposes; and (C) place an underground tank in Yost Park located'south of the Swimming Pool site. An underground tank, however, would necessitate pumping and a -con- tinuing expense. Engineer Larson recommended utilizing the existing tank site " with•.a beautification program there for screening purposes. Mayor Harrison suggested removing the existing tank and replacing it with a larger one which would not harm the view as much as a second tank. Mr. Larson answered that water storage would be needed during construction of a new tank,' and the city would need the safety of two tanks in case of a possible 'emergency on -one, especially during summer months. Councilman Haines suggested that the Mayor meet with the City Engineer and come up with a workable alternative, and also in regard to cost'figures and all other factors. Councilwoman Shippen was .interested in the buried tank in Yost Park, Plan C, but Engineer Larson answered that he was concerned with the hydraulics of pumping and felt gravity flow was much more desirable. Councilman Tuson asked if there was adequate • room at the'present'site for a lower tank with larger capacity, and the City Engineer answered yes. Engineer Larson then asked for council confirmation that the City not use the Yost Park site, and a motion was*made by Councilman Nelson, seconded by Councilman Nordquist that the City of Edmonds not have the water tank site in Yost Park. Motion carried. Following further discussion, it was moved by Councilman Nordquist, seconded by Councilman Tuson to hold the', matter of the water tank site for further council and-staff.study. Motion carried. RESOLUTION FOR STREET VACATION - PORTION OF 156th' City Engineer Leif Larson reported on the petition received for vacation, where action had been delayed until word had been received from the County, and following this, the council,;had instructed the City Attorney to prepare the resolution. It was therefore moved by Councilman Gellert, seconded by Council- man Nelson that Resolution #257 be passed, setting the hearing for April'18 on the vacation request for a portion of 156th SW, located in the vicinity between 68th and 70th. This motion carried. However, there were people in the audience who were concerned with the drainage problems in the vicinity of this proposed vacation for plat construction purposes by Mr. Hardy. Jim Christensen, 15724 - 70th W., invited council members to go to his property for a tour of the area in question to see the conditions and problems existing there at the present time. Since Council felt the vacation and the drainage problems, along With the question of water lines in the Meadowdale area should all be handled the same night, a motion was made by Councilman Gellert, seconded by Councilman Tuson to amend Resolution #257 by changing the date of hearing on the vacation from April 18 to May 2, and the motion carried. Councilman Haines abstained from voting on this item because his residence is in the area. A motion was then made by Councilman Gellert, seconded by Councilman Nelson • that the report on the petition for a water line in the Meadowdale area, Item 250. , #10 on the agenda, also be continued to May 2. Motion carried.' REPORT ON BIDS FOR SURPLUS ACCOUNTING MACHINES CAO Ron Whaley reported to council that no bids had been received on the sur- plus accounting machines. OCCUPANCY PERMIT POLICY Building Official Harry Whitcutt reported that he had discussed this policy, with the City Attorney, who indicated that if this inv6ilv6dc�ati'-.amendmeht -:to the zoning ordinance, it would have*to go to the Planning Commission for a hearing before council took action. Councilman Nelson moved, seconded by Councilman Nordquist'to-refer the occupancy permit policy to the Planning Commission, and the motion carried. AUDITING OF BILLS A motion was made by Councilman Haines, seconded by Councilman Nordquist that vouchers #14601 through #14783 in-thetotal amount of $93,652.71 be approved, and authorize warrants to be issued in apyment of these regular monthly bills. Motion carried. CLAIMS FOR DAMAGES A claim for damages was received from Larry Wold, and this was referred to the City Clerk for processing FINAL PLAT - ANDERSON PARK City Planner Merlin Logan presented the final plat of Anderson Park for council approval, and upon his recommendation, a motion was made by Councilman Nelson, seconded by Councilman Tuson that council approve the final plat of Anderson Park. Motion carried. COUNCIL PARTICIPATION 1 1 n U Councilman Tuson tendered his resignation from the Labor Negotiation Committee, for the reason that he could not be present at all the meetings. LICENSE APPLICATION FOR SHANNON TOWING Police Chief Foster reported that an application had been received from Shannon Towing, operating at 7608 - 202nd SW with a conditional use permit for one tow truck. However, the Board of Adjustment had allowed one truck, and Mr. Shannon now had three at this address. Since this would be setting a serious precedent, inasmuch as there was at present a violation of the conditional use permit, a motion was made by Councilman Tuson, seconded by Councilman Nordquist to deny the application of Shannon Towing for a Tow Truck license. Motion carried: ORDINANCE AUTHORIZING CAO TO ADMINISTER FUNCTIONS OF COUNCIL'COMMITTEES With the abolishment of -the Council Committee system, it was necessary to delegate the authority to the CAO to administer the functions of these several committees. Therefore, it was moved by Councilman Tuson, seconded by Council- man Nelson that proposed Ordinance #1599 be passed, and the motion carried. • There was no further business to come before council, and the meeting was adjourned at 11:40 P.M. Irene Varney MoraV City Clerk Harve,_H.•Harrison, Mayor April 4, 1972 ROLL CALL The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all council members present. APPROVAL OF MINUTES It was noted by Councilman,Gellert that under the item on Shannon Towing in the minutes' of March 21, the motion to deny the application for a tow truck license in Edmonds was not made because of any alleged violation of the con- ditional use permit, as the wording sounded. There were no further omissions nor corrections, and the minutes were then approved. HEARING: PLANNING COMMISSION RESOLUTION 357 Hearing had been continued from the meeting of February 15 on Planning Com- mission Resolution 357, recommending an amendment to the Comprehensive •