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19720718 City Council Minutes2Ell 0" • CORRESPONDENCE The City Clerk presented two liens against the retainage of Coulee Construction for the work on Urban Arterial Project No. 8-1-139 (1) Phase III - 76th Avenue W. from Olympic View Drive to 196th Street S.W. One claim was from Slead's Septic Systems, Inc. in the amount of $1,535.50, and the other from the City of Edmonds -in the amount Jof $67.25. These claims were noted and filed with the City Clerk. CAO REPORT CAO Whaley reported that since money had been budgeted for 1972 in a No: 619 Contingency Fund, and since requirements could not be ascertained at budget time as to the extent needed for city participation for financing underground projects, he was now asking council to transfer the sum of $14,986.00 from the Contingency Fund 619 to the Street Fund III for the purpose of city partici- pation in undergrounding electrical transmission and communication facilites for the following: $8,100 to LID 186; $6,000 for LID 187; and $886.00 for Alder Street participation, according to council action of June 6. It was moved by Councilman Tuson, seconded by Councilman Gellert that proposed Resolution #265 be passed, transferring the abovementioned funds, and the motion carried. The meeting was then adjourned. However, it was moved by Councilman Nelson, seconded by Councilman Gellert that the meeting be reopened, and the motion carried, when Mayor Harrison • indicated that he felt appointment of the City members for the Senior Citizen Center Committee should be made tonight. SENIOR CITIZEN CENTER COMMITTEE APPOINTMENTS Mayor Harrison, following some council discussion, made the following appoint- ments for members of the Senior Citizen Center Committee: Councilmen Don Tuson and John Nordquist, Park Board Chairman Bill Phillips, and Chief Admin- istrative Officer Ron Whaley. A motion was made by Councilman Gellert, seconded by Councilman Nordquist that the four people as appointed for members of the newly established Senior Citizen Center Committee be duly confirmed, and the motion carried. There was no further business, and the meeting adjourned at 11:10 P.M. Irene Varney MoiKdn, City Clerk Harve H. Harrison, Mayor July 18, 1972 ROT.T, CAT.T. Regular meeting of the Edmonds City Council was called to order at 8:00 P.M. by Mayor Harve Harrison with all councilmen present except Nelson. APPROVAL OF MINUTES • Minutes of the meeting of July 5th and the work meeting of July 11 had been posted and distributed, and with no omissions nor corrections,the Mayor declared they be approved as written. Mayor Harrison felt that it would be advisable to approve minutes at every meeting in the future. The Mayor announced that Jerry Tucker of Edmonds will be replacing Mrs. Rae Barnett on the County Planning Commission. Jerry Tucker is the president of the Edmonds Jaycees. COUNCIL PARTICIPATION Councilman Nordquist noted that in the July 15 minutes, Mr. Wally Dow had asked about the ABC Pet Clinic, and was told at that time that nothing would be done until the City Planner returned from vacation and could clarify/the zoning situation. Councilman Nordquist felt that now that City Planner Logan was back, we should have a report from him and the Mayor should then instruct Mr. Logan to write a letter of explanation and clarification to Mr. Dow in regard to this clinic. City Planner Logan stated that he was aware of the change when ABC opened after Evergreen Industries was no longer using the premises. He felt it was within the legal limits and a proper use of the property from a zoning standpoint. Councilman Tuson asked the Planner if ABC Clinic met the zoning requirements. Mr. Logan answered yes, that this had been a non -conforming use -when Evergreen was there, for that use or similar uses, and the Code allows a 15 year amortization period; that the Clinic could establish there as it is a more restrictive classification than Evergreen Industries had been, and this having been established in 1964, it would have until 1979 before expiration. Mayor Harrison directed the Planner to write the aforementioned letter to Mr. Dow. u 286 LJ Councilman Haines inquired if the minutes of both July 57 and 11 had been approved. Mayor Harrison answered that approval had been asked for both. Councilman Haines then asked if the work meeting minutes could be distributed early enough for council to have time to go over them before the meeting at which they would be approved. He also felt that several additional items from the work meeting should have been included in the minutes. Following some discussion, Councilman Gellert moved, seconded by Councilman Haines to delete the approval of the July 11 work meeting minutes. Motion carried. Councilman Nordquist suggested the heading on the work meeting minutes noting, they were not official should be deleted. Councilman Nordquist asked why the lease agreement with Washington Housing Authority was not on tonight's agenda. City Attorney Murphy -said the new agreement had been prepared for a two year contract and a maximum of 75 units for the City of Edmonds. This was discussed, and it was moved by Councilman Nordquist, seconded by Councilwoman Shippen that the Mayor be authorized to sign the contract with Washington Housing Authority as revised by the City Attorney, and the motion carried. Councilman Gellert asked if the agendas of the work meetings would be mailed to the .councilmen along with the minutes of the previous weekly meeting. CAO Ron Whaley answered that all agendas and minutes would be mailed prior to each weekly meeting. HEARING: APPEAL FROM PLANNING COMMISSION RESOLUTION #380 Hearing was held on the appeal from Planning Commission Resolution #380,. recommending denial of a proposal to revise or remove a proposed 30.' wide. street named Sater Lane from the official street map as previously adopted, • as set forth in Planning Commission File ST-1-72. City Planner Merlin Logan projected a map on the screen, showing the location of the proposed loop street (Sater Lane) and the properties involved, including those of the appellants, Giltner and Weinhardt. Mr. Logan explained that this had come to the Planning Commission in the form of two subdivisions from Giltner and Weinhardt, who wished to subdivide their properties and have an easement road instead of the loop road shown on the street plan. Hearing was opened. Mr. Harry Giltner, Third N., stated he and Mr. Weinhardt wanted to get the easement through, and that no one in the area affected wanted the horseshoe street as'the City plan proposed. Mr. Leon Loomis, 652 Third, said there was an original 15' easement connected with his property and would give access to his back lot. He was in favor of the suggestion of Giltner and Weinhardt for an easement to serve their properties and was opposed to the city proposal of a loop or*horseshoe. Mrs. Suran, a property owner in this area, stated that she would prefer the loop road be vacated. Mayor Harrison said that with all property owners who would be served by this proposed loop street opposed to it, and all favor of the easement suggested, he felt it would be.logical to change. Councilman Haines said -he would move to strike this from the comprehensive street plan. However, this did not take the form of a motion. Jerry Lovell, engineer with Reid, Middleton & Associates, explained to council • that plans to subdivide had been prepared and submitted to the Planning Com- mission by Mr. Giltner and Mr. Weinhardt. This had then brought up the matter of revision of the comprehensive street plan to do away with the proposed loop street, Sater Lane. This proposed to revise or remove Sater Lane had been recommended for denial by the Planning Commission and had been appealed to council by Giltner and Weinhardt, and that -was the status of the matter as it came to council tonight. Mr. Lovell posted a map showing the proposed sub- divisions for council clarification, and stated that virtually all the neighbors were against the loop plan except Thomas. Mrs. Weinhardt, in the audience, stated that she was definitely against the loop road, which would come to within a few feet of the bedroom of her home, and it would be im- possible to sell the house if the loop street were there. Another woman in the audience reported that Mrs. Thomas was not interested in subdividing. Muriel Medina, 7726 - 236thth S.W., a realtor, spoke for all the people involved. She said the loop road as proposed would destroy the privacy of all these property owners. She added they wanted to subdivide now and be able to sell these properties,'and it was a matter of economics. Leon Loomis again stated that the loop road would be too close to the homes and the easement roads would better serve everyone concerned. Mayor Harrison said it appeared that all the property owners were against the loop and in favor of easement roads. Councilman Tuson asked Chief Cooper if the loop street would give a better service area.for fire protection. Chief Cooper answered that one easement would follow.another, and the present com- prehensive street plan was more favorable. He added that narrow turnarounds cannot properly be used by fire equipment, especially if there are cars parked blocking the way. 0 A woman stating she was Mrs. Weinhardt's sister-in-law said she felt that the loop roadway would be unreasonable. No one else in the audience wished to comment, and the hearing was closed. Following council discussion, a motion was made by Councilman Haines, seconded by Councilwoman Shippen to instruct the City Attorney to prepare an ordinance to remove Sater Lane, excluding the dedicated portion, from the comprehensive street plan. Councilman Gellert asked the City Planner his opinion on this, and why the Planning Commission was against it. City Planner Logan explained that it was thought that development would no doubt take place in this area and the new homes would need proper access. Mr. Logan was opposed to removal of the loop street. Call for the.question resulted in the motion carrying. HEARING: APPEAL OF PLANNING COMMISSION ACTION ON WELLS SUBDIVISION Hearing was held on.an appeal from Planning Commission action on a proposed two lot subdivision of James Wells, on Olympic View. Drive,'-.east"of-�85thl.-P1. W., Planning Commission File S-23-72. The Planning Commission had approved this plat subject to Planning and Engineering requirements, which were to grant an additional 8 foot easement along the west side of the property, in order to widen to a 20 foot width to serve the property to the south. • 1 • 1 1 John Johnson, attorney representing Mr. Wells, stated that .the Planning Com- mission had been erroneously informed at their hearing when they were given to understand that Mr. Wells had no objection to the granting of 8 feet of land for the recommended easement. He said he felt access to Lot A could be from Olympic View Drive, and it was unjust for the owner to be required to donate a strip of land to serve property owners to the south. He felt that under the circumstances, Lot A could use the access to Olympic View Drive and not share an easement with Lot B. City Engineer Leif Larson stated to council that the requirement for a 20' easement was based on the city standard for easements which council had previously adopted by ordinance. He added that FHA requires a minimum of 20' easements. Randy Clark, in the audience, stated that he was interested in purchasing Lot B and would not be interested in buying if the easement is put in, since he wouldrnot want to lose any parking area. Attorney Johnson, for the appellant, said he did not feel the plat should be required to be subject to this easement. Mr. Tom Berry, who owns property to the south, has an easement, but Mr. Wells did not feel an easement on his property should be necessary to serve Mr. Berry's former plat. No one else wished to comment .and the hearing was closed. It was moved by Councilman Tuson, seconded by Councilman Winters to modify the Planning Commission action and approve the subdivision without the dedi- cation of a road. A roll call vote showed Councilmen Tuson, Shippen, and Winters in favor; Gellert, Nordquist, and Haines against, resulting in a tie vote. Mayor Harrison broke,the tie with a vote against, and the motion failed to carry. It was then moved by Councilman Gellert,'seconded by Councilman Haines that the Planning Commission action be approved in all respects. A roll call vote resulted in another tie with Councilmen Gellert, Nordquist,and Haines in favor; Tuson, Shippen and Winters against. Again Mayor Harrison broke the tie. He voted in favor, and this motion carried. PLANNING COMMISSION RESOLUTION #381 Planning Commission Resolution #381 had been continued from the meeting of July 5. This was a recommendation for denial of a proposal to establish a proposed 60' wide street along the east side of the Doces' property on the official street map. Council;had discussed the matter at the work meeting, and it was now before them to decide whether or not to set a date for public hearing. It was moved by Councilman Nordquist, seconded by Councilman Tuson to uphold the denial of the Planning Commission in their Resolution 381, and the motion carried. PLANNING COMMISSION RESOLUTION 4382 This Planning Commission Resolution #382 had also been continued from the meeting of July 5 in order to study and decide whether or not to set a date for hearing. This was a recommendation for denial of a proposal to rezone the east side of the Doces' property from RS-8 to CG. Councilman Nordquist moved, seconded by Councilman Haines that the recommendation of the Planning Commission for denial in their Resolution 382 be upheld, and this motion also carried. SET DATE FOR HEARING ON DR. GOODHOPE APPEAL FROM PLANNING COMMISSION DECISION An appeal had been received from Dr. Goodhope from a decision of the Planning Commission regarding consideration of deletion of a 20' wide easement required in a P.U.D., as set forth in File PD-2-69. City Attorney Murphy advised that the appeal was not timely, in view of the 0 2SS • fact that two years had passed.,. -since this Planning Commission decision had been made. Discussion was held on the necessity for the easement as well as the time element, and it was then moved by Councilman Gellert, seconded by Councilwoman Shippen that no action be taken on this matter until it has been reviewed by the Planning Commission. Motion carried. CONSIDERATION OF AGREEMENT WITH APEX The Apex Garbage Company, proposing to construct and operate a transfer sta- tion in the City of Mountlake Terrace, was asking the City of Edmonds to sign an agreement stating that it will refrain from entering into the garbage col- lection business as a municipal operation for a period of five years. The City Attorney advised that he had read the agreement and had suggested the only alteration be to change a section stating that "only one garbage collec- tion rate would be charged residents and businesses of the City at any one time by all collection businesses doing business within the City of Edmonds" and substitute "the transfer station will in no way influence the garbage collection rates charged to residents and businesses within the City of Edmonds". 'Mayor Harrison reported to council that CAO Whaley had found no zoning problems in Mountlake Terrace in regard to the transfer station. Following some discussion, during which time Councilman Haines said that since council had not had time to adequately study the agreement, he made a motion, - seconded by Councilman Winters to postpone any action until the meeting of July 25. Motion carried. REPORT ON BIDS FOR STREET CLEANING -SEWER UNIT FOR PUBLIC WORKS Director of Maintenance & Operation - Public Works J. Herb Gilbo reported • that bids had been opened by the City Clerk in the council chambers on July 12 for a combination unit to include a high.pressure water jet rodder, vacuum catch basin cleaner and street flushing attachment, to conform to city speci- fications. Six firms had picked up specs, however, only one bid and one no bid letter had been received. The one bid was from Sahlberg Equipment Company, Inc. in the amount of $58,569.00 including tax, with one exception in the specifications being a possible 80 instead of 60 days delivery date. Director Gilbo stated that financing could be handled with the budgeted $9,000 from Water -Sewer and $9,000 from Street Dept. specified for that use, and $40,569 from the Equip- ment "B" Fund reserve. He requested council approval to enter into agreement with Sahlberg Equipment Co., Inc. for the purchase of this unit with financing as stated. It was moved by Councilman Tuson, seconded by Councilman Gellert to follow the recommendation of the Public Works Director and accept the low bid of Sahlberg -Equipment'Co., Inc. at a cost of $58,569.00 and authorize the Mayor to enter into agreement for purchase of this unit. Motion carried. CLAIMS FOR DAMAGES Claims for damages were acknowledged as follows: A Summons and Complaint with plaintiffs Williams R. and Jean E. Adams; claim from Western Appraisal Co. against Snohomish County for services rendered on parcels in conjunction with condemnation action on 100th Ave. W., and claim from Lawrence Peter Boos. These were all referred to the City Clerk for processing. • SECOND READING: PROPOSED ORDINANCE RELATING TO NUMBER AND WIDTH OF DRIVEWAYS IN SINGLE FAMILY RESIDENTIAL ZONE City Engineer Leif Larson briefed council on the background for this proposed ordinance. He stated that many families have more than one, and in some cases, more than two, cars. This proposed ordinance would allow for extra width driveways (cuts) when the City Engineer felt a permit was necessary. This would be especially valuable in cases where recreational vehicles could be parked off the street. A motion was made by Councilman Nordquist, seconded by Councilman Winters that proposed Ordinance #1607 be passed, and the motion carried. WATER TANK STATUS REPORT City Engineer Leif Larson gave a presentation on two plans for the water tank in Yost Park. He showed drawings of Plan A, steel tank at a cost of $216,000 with the surrounding property affected, and Plan B at a cost of $242,000 with lesser property requirements and tennis courts constructed on top of the underground tank. He then recommended Plan B, with the provision that sale of the property at 10th and Maple bring in useable funds of approximately $20,000 to $25,000 and the tennis courts financed with the budgeted $10,000 for this purpose. He then requested authority to proceed with final design on this basis. A motion was made by Councilman Tuson, seconded by Councilman Nordquist to accept Plan B as recommended with the understanding that the money from sale is • of the lot at 10th and Maple help defray the cost of the concrete tank. 289 Bill Phillips, Park Board Chairman, spoke in behalf of the Park Board in also recommending acceptance of Plan B. He then noted that the Board had asked that council establish a policy not to allow any future facilities in the city parks that are non -recreational. Tony Koenig, Park.Board member, asked if Plan B would include the total completion of the tennis courts. He was answered yes. Councilman Gellert inquired if the money would be sufficient for lighted courts. Engineer Larson answered that any lighting would be extra. On call for the question, the motion carried. Councilman Nordquist then made a motion, seconded by Councilman Haines that a note be.sent to.commend the Park Board for a real difficult task handled very, very well in regard to the tank site in the park and the inclusion of the tennis courts. Motion carried. Bill Phillips then'answered that the Park Board also thanked the council for their handling of this situation. Mayor Harrison noted that this proved that if something wasn't just right at first, it really paid off to pursue the problem until a satisfactory solution could be reached. Councilwoman Shippen moved that council adopt the policy that non -recreational facilities and services be discouraged from our parks in the future. This was seconded by Councilman Haines. Larry Bailey, Park Board member, said he would like to see the council, city, and Park Board work together on all the joint park policies. Councilman Gellert felt a well thought out policy should be submitted from the Park Board to the council for approval. Council- woman Shippen noted that she was responding to the Park Board request. Park Director Garretson stated he hoped council would at least start a policy to help preserve open space by discouraging non -recreational facilities in the parks. Councilwoman Shippen's motion then carried. YOST PARK POOL Mayor Harrison reported that the Park "Board had chosen and submitted for approval a proposed name for the pool at Yost Park. This was "Yost Pool" with logo: ye Olde Swimming Tank Park & Recreation Director Rod Garretson stated,;that a 14 year old Edmonds girl, Lynn Walsh, had submitted the name and logo and he had taken it upon himself to award a season's free swim. Bill Phillips explained that many names had been suggested, but the Park Board had chosen this one primarily because of the location of the pool site and for the originality. It was then moved by Councilman Nordquist, seconded by Councilman Winters that the name of Yost Pool as recommended by the Park Board be adopted, and the motion carried. CAO REPORT CAO Whaley reported that from time to time there had been discussion that all city employees should become better acquainted with the overall city opera- tions, including the council meetings, Planning Commission, -and other Boards. • He therefore wished,to-call to council attention and commend two men from Public Works who were in.the audience tonight: George Fisher and Bill Stroud. The CAO stated that money had been budgeted in 1972 for purchase of a one ton truck for the Water -Sewer Dept., and requested authorization to call for bids with the suggestion of August 4 as bid opening date. It was moved by Councilman Nordquist, seconded by Councilman Haines that council authorize a call forbids to be opened August 4 for a one ton truck, and the motion carried. CAO Whaley reported that another budgeted item for this year was construction of a bulkhead at Sunset Beach, and the City Engineer recommended bids be. called for this.purpose. A motion was made by Councilman Nordquist, seconded by Councilman Winters that council authorize a call for bids to be opened August 7 for construction of a bulkhead at Sunset Beach, and the motion carried. The CAO brought to council attention that the 1973 budget work would soon be with us, and he had requested that the Staff submit input for capital im- provement requirements by August 17. He asked for consideration by council by this date so that priorities could be set by September S and ironed out by the 18th. It was decided that council would discuss capital improvements at their meeting of August 29. CAO Whaley reported that he had met with the Edmonds School District Board of Directors for consideration of the proposed lease agreement on the, Edmonds Elementary School. It was their motion to enter into a lease agree- ment with the City on 2 years availability; with a yearly concellation clause • 290 • by both parties, at a lease cost of $1.00 per year; the City to maintain the, premises, and the School District retain 20% of the total area for their own use. Mr. Whaley estimated that the cost to the -City would amount to $25,000 to $28,000 per year for maintenance and operation. He stated that he was a little apprehensive on the best use of the facilities and at this point questioned whether we should spend money on something we do clot own. He recommended that if the.City enters into the agreement, it should use the facilities exactly as is,,since anything the city changes must be put back in its former condition. He added that the Directors had agreed'to the lease, but we should proceed cautiously. Mayor,Harrison noted that this was a problem to think about"; now that the Senior Center was to be expanded, it hardly seemed likely that they would have use for the school; that he won- dered how much.space.the city can use there, otherthan for recreational purposes._. CAO Whaley said it was mentioned also at the meeting of the Directors that some federal" funding may be forthcoming for preschoolers,'and the District may then want to use this school for that pirpose. He added that it had been agreed that if any major calamity occured, the City would not be responsible in excess of $500 per incident. No action was.taken. Additional street lighting on Sunset Avenue was discussed. There is a large expanse without a light, and the City Engineer had written the PUD in regard to solution of the matter. PUD had quoted a cost of $925 for installation of the additional light. The City Engineer explained the location of the lights and recommended the additional one be installed and charged to the underground frund rather than the LID. Discussion followed. Councilman Tuson stated that for the record he would not vote on'this item, since he'lives, and owns property on, Sunset Avenue. A motion was made by Councilman Haines, seconded.by Councilman Gellert to authorize ordering of a new pole and light and charge it to the.underground fund. Motion carried. Councilman Gellert mentioned that he had noticed cars parked on both sides of Sunset and felt it was a considerable traffic hazard. Mayor Harrison said that Chief Foster had been concerned with this, and when he returns from attending F.B.I. schooling back East, they will consider making Sunset a one way street or one side parking. Mr. Leyda, in the audience, stated he was opposed to a one way street on Sunset; that many people living there would have a long block to -travel to and from their homes. Councilwoman Shippen mentioned that she would want to see a list of the number of accidents that have happened on this street. City Engineer Larson said he would have the accident record and would study the situation when the holding lanes are in. Mayor Harrison, on request, said this study would also include routing through the Park Dept. staff.for their input and ideas. SNOCOM A proposed resolution.was presented,to authorize the execution of articles of incorporation and related documents for the incorporation of the Southwest Snohomish.County Interlocal Communications Agency, known as SNOCOM. A motion was made by Councilman Gellert, seconded by Councilman Tuson that proposed Resolution #266 be passed., authorizing this, and the motion carried. SUBSTITUTE MAYOR-PROTEM Mayor Harrison advised council they must select a Mayor Protem to.serve during the period of August 2 through 25, when both the Mayor and Mayor Protem will be out of town. Councilman Nordquist stated that based on seniority, he would move to nominate Councilman Haines as Mayor Protem for this period. Councilman Tuson seconded this motion. Councilman Haines remarked, however, "that for several reasons he did not wish to serve in that capacity, and suggested that the position should be given to Councilman Nordquist. Because Councilman Haines declined, the motion and second were withdrawn, and it was then moved by Councilman Tuson, seconded by Councilman Winters that Council- man Nordquist serve as Mayor Protem while the Mayor and regular Mayor Protem are out of town during the period from August 2 through 25. Motion carried. There was no further business, and the meeting adjourned at 11:10 P.M. n__� Z, tzeez�� Irene Varney Mor , City Clerk July 25, 1972 ROLL".,CALL _ 1 .Harve H. Harrison, Mayor Meeting of the Edmonds City Council was called to.order by Mayor Harve Harrison with all council members present except Nordquist, who arrived.shortly there- after. APPROVAL OF MINUTES Minutes of the meeting of July 18 had been posted and mailed, and with no ommissions nor corrections, they.were approved as written. 1 L7 • El 1 1