19720912 City Council Minutes•
PROPOSED RESOLUTION FOR $100,000 COUNCILMANIC BONDS
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A proposed resolution was presented, stating the intention of the City Council to
authorize the issuance and sale.of up to $100,000 par value of councilmanic G.O. bonds
as the city's share of funds necessary for.the acquisition of real property and con-
struction and/or alteration of existing improvements thereon pursuant to HUD FILE
No. NFP-WA-10-10-1001. A motion was made by Councilman Tuson, seconded by Councilman
Nordquist that proposed Resolution #267 be passed, and the motion carried.
REQUEST BY WASHINGTON HOUSING SERVICES FOR RESOLUTION IN CONNECTION WITH 60 UNIT
TURNKEY PROJECT
In regard to this proposed resolution, a short discussion was followed by a motion -
being made by Councilman Nordquist, seconded by Councilwoman Shippen to postpone this
item until the September 19 council meeting. Motion carried.
DISCUSSION ON POSSIBLE BOND ISSUE FOR SWIMMING POOL COVER
Director of Parks and Recreation; Rod Garretson, stated that he acknowledged the wish
of council to place on the November ballot to raise money for a swimming pool cover,
but that he had since tried to meet with people in the community on this subject and
had received little or no interest or response whatsoever. Mr. Garretson noted that
as a result of his efforts he was now most -apprehensive about the possible success of
a bond issue at this time. He detects little interest in the willingness of the public
to pay for a pool cover for the next year or two. The Park Board recommends that a
bond issue be postponed until 1974; the Swimming Pool Committee, conversely, does
want a bond issue this year. Personally and professionally, Mr. Garretson said he
would like to cover this pool immediately, but he is concerned with the chance of
success for the bond issue if held at this time. It would take a great amount of
effort and publicity to convince the public that now is the best time to'cover the
pool. The item -of publicity has him much concerned, for at this time he must recom-
mend that the city change its course of action regarding the construction ofa pool
cover. Changes he suggested were the selection of a new architectural firm for the
supervision and design of construction of this cover, and a possible change in the
scheme of design for that building. The Swimming Pool Committee would like to see
a building there that either opens up wide in the summertime, or has all its walls
made of glass doors and windows so that one has the feeling of being outside in order
to enjoy the spectacular setting of that pool while being protected from the elements.
Because of these confusing factors, publicity would have to be passed on to the public
Add to this the hesitancy now evident in the -public to vote any tax increases and
getting a bond issue passed this November would indeed be difficult. He personally
would be willing and anxious to help promote a bond issue this Fall, for there are
good reasons why we should have this pool cover. More usage of the pool and the
elimination of much of the vandalism now being experiencedwere factors.
Following discussion, a motion was made by Councilman Haines, seconded by Councilman
Gellert that taking into consideration all the reports received on the matter, Council
accept the Park Board's recommendation and not place the bond issue for the Swim-
ming Pool Cover on the November 1972 ballot. A roll call vote showed Councilmen
Gellert, Nelson, Tuson, Winters and Haines voting in favor; Shippen and Nordquist
against, and the motion carried. Councilwoman Shippen remarked:; that she did not think
the public was concerned with the cover design.
Rod Garretson then announced that the Yost Park Swimming Pool would have its opening
at 10:00 A.M. on Saturday, September 9, and he extended an invitation to everyone to
attend.
There was no further business, and the meeting adjourned at 11:25 P.M.
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Irene Varney Mor , City Clerk
September 12,1972
ROLL CALL
Harve H. Harrison Mayor•
The meeting of the Edmonds City Council was called to order by Mayor Harve Harrison
with all council members present except Gellert.
APPROVAL OF MINUTES
Minutes of the meeting of September 5 had been posted, and mailed and distributed, .and
with no corrections.nor.omissions, they were approved as written.
COUNCIL PARTICIPATION
Councilman Nordquist requested clarification of the council meeting time for next
Tuesday, and with the ordinance being published, the 7:30 starting time will be
established at that meeting.
Councilman Nelson inquired of the City Engineer about looking into the situation,
especially during the morning rush hours, at 244th S.W. and 76th. He noted that the
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south bound traffic on 76th piled up, and he suggested the possibility of using two
available lanes to proceed onto Highway 104.
Councilman Tuson remarked about the notice received'by each council member on the
outstanding delinquent water bills - he said he was curious as to how the City
allowed anyone to run up a bill of $176.00 without adhering to the shut-off policy.
Finance Director Allen Tuttle said he would have to check on this. Mr. Tuson asked
what the policy was at this time, and was answered that water was turned off after
the third month of non-payment, which would normally leave an unpaid bill in the
$21.00 category. In connection with the memo, sent to the CAO from J. Herb Gilbo,
stating that the efforts to recapture the amount owed the City previous'to 1970 is
not worthy of the efforts, time, and expense needed to collect these bad debts, a
motion was made by Councilman Tuson, seconded by Councilman Nordquist that council
authorization be given to write off the amount of $440.62 in bad water debts for
the period 1961 through 1969, as recommended by the Director of M & 0 - Public
Works. Motion carried with Councilman Winters abstaining, since he owns property
where tenants were involved in this matter.
Councilwoman Shippen said she curious to know the Highway Department plans for
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the northern highway from the limits involving north Edmonds. She stated she
was interested in the details the Highway Dept. might have down to Main Street and
also would like the City Engineer to submit his own plans along with anything he
might know about the State's plans. She felt that it would be well to have this
information in advance, and following some discussion, the City Engineer said he
would submit this information at a future date.
AUDIENCE PARTICIPATION
Mr. Dewey Leyda stated that he objected to the changing of the traffic pattern on •
Sunset Avenue from a two way street to a one way street (north of Main). He was
advised that this had been a conversation at one time. However, Mr. Leyda presented
a petition signed by 39 people living on Sunset north of Main strongly protesting
this change, if and when it is seriously considered.
Rod Garretson, Director of Parks and Recreation, reported that the Yost Park Pool
had opened on Saturday and since then, the attendance of swimmers at the pool had
been extremely gratifying. Mr. Garretson commended council on the action taken to
make this pool a reality. He added that the pool would be in operation from two to
four weeks longer, depending on the weather conditions.
CORRESPONDENCE
The City Clerk read a. letter from Attorney Bennett A. Box asking the City to re-
evaluate its position in the case of Dr. C. Richard Goodhope regarding a 20 foot
wide recreational right-of-way. City Planner Merlin Logan explained that the
Planning Commission had made its determination on May 20, 1970, which was re-
viewed on August 16, 1972, stating that the appellant provide a 20 foot wide
pedestrian -equestrian trail right-of-way easement along the west 150 feet of
the north property line of his proposed Planned Unit Development. There was
discussion on the matter, during which time City Attorney John Wallace noted
that the Planning Commission had declined to reconsider this; that it was not
an appeal, because the appeal was something like three years ago, within 30 days
from the council approval of the Planned Unit Development. This is, then, a
request- for-consideratioh arid'.hot,"An• appeal.
Councilman Nordquist remarked if the Planning Commission had wished to hear
this, then the council could take action. However, he then moved, seconded •
by Councilman Tuson that because of the nature of the item, and because consid-
eration has been given to this by both the Planning Commission and the City
Council, the Council consider the matter finished and no further action be
taken. Further discussion followed, and upon call for question, the motion
carried with Councilman Winters voting against.
AUDIENCE PARTICIPATION
Mrs. Sexton, in the audience, stated that she would like to complain about prob-
lems she has had with the Edmonds Police Dept. She made the following charges:
(1) that her house had been searched without a warrant; (2) that her 18 year old
son's draft card had been taken June 7, but returned June 8; (3) that she had been
threatened by the Police Chief on May 2; (4) that the police had made her son
leave their home on August 30; (5) that her home had been burglarized and the
police had refused to take her complaint. She said her civil rights had been
jeopardized; that the police were on her property when she was not at home.
Councilman Haines remarked that he felt this was not something to be publicly
aired; that it was an administrative procedure; that the council was unaware of
the circumstances and it was therefore best to be handled privately with the Mayor,
City Attorney, and Police Dept. City Attorney Wallace stated that if criminal pro-
ceedings are involved, it should not be discussed publicly. Mayor Harrison advised
Mrs. Sexton that this matter will be discussed with the Police Chief when he returns
from Washington, D.C. and he will then be asked to report on it.
CORRESPONDENCE
Mayor Harrison reported on a letter received from Able Pest Control, requesting a
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raise in the monthly rate to $95.00 because of increase in activity in Edmonds.
Mayor Harrison noted that he will ask the proper Edmonds employees for an indica-
tion of the job being done by Able Pest Control to see if it warrants this in-
crease in monthly payment.
Councilman Nelson reported that the SNOCOM 1973 budget has been severely reduced
from last year, and participation costs will go down by 10% or 15%. Last year the
amount was $52,000 and it is proposed to go to $36,165 for 1973.
Mayor Harrison reported that Union Oil Company proposes to renew their dock with
pipes and planking, and they will need a -small area about 75 feet in width to use
for a work area over the winter months. A Use Permit will be needed,' and it was
moved be Councilman Tuson, seconded by Councilman Nordquist that Union Oil Company
be allowed to use the area off Dayton for work space. Motion carried.
Councilman Haines inquired about the information on the monies being used by SNOCOM
with the E.E.A. personnel) separated from the total,yith that amount also listed.
He asked for Edmonds' share of the rental with the Seattle data, also. Acting
Police Chief Neuert stated that Edmonds' share of SeaKing was $530.00 per month.
DISCUSSION OF COUNCIL POLICY FOR CONCESSIONS OPERATING ON CITY PROPERTY
City Clerk Irene Varney Moran reported on procedures followed by the cities of
Mountlake Terrace, Lynnwood, and Seattle in regard to licensing concessions when
located on city R/W in Parks or at beaches. Since there seemed to be no relation-
ship between cities' rules in this regard, it was suggested that council decide
whether or not to allow"the concessions at all, and if so, arrive at a ruling on
• annual payment and/or percentage of gross receipts that would be fair and equitable
for both the City and concessionaire.
Following discussion,.a motion was made by Councilman Nordquist, seconded by
Councilman Nelson that council review the subject and postpone the matter for two
weeks to study what kind of remuneration should be established.
Councilman Haines suggested that mobile units need to stop in the parks, and Rod
Garretson answered that allowing concessions to stop at the beaches might be an
advantage to the people who use the beaches.
AUTHORIZATION FOR POLICE DEPARTMENT TO SELL SURPLUS ITEMS
Acting Police Chief Les Neuert reported to council that he was requesting permission
to sell surplus items, including 43 bicycles, an outboard motor, Honda frames, and
other miscellaneous articles. He noted that a legal publication had been placed in
the newspaper stating that the Police Dept. had bicycles and anyone wishing to put
in claim for a lost or stolen one was invited to do so.
It was moved by Councilman Haines, seconded by Councilman Nordquist to authorize
the Police Depattrfient to hold a sale on surplus items at a date to be set by the
Police Department. Motion carried.
At this point, Acting Chief Neuert told council that Chief Foster would be return-
ing to the job next Monday. He stated that he would like to thank each member of
the council for their cooperation and help during his period as Acting Chief. He
was commended for doing a fine job heading the Department.
PRELIMINARY PLAT - WOODLAND ESTATES
• City Planner Merlin Logan presented the preliminary plat of Woodland Estates, a
10 lot plat on the southeast corner of 188th S.W. and 80th W. Mr. Logan explained
that this had been returned by council to the Planning Commission for a revision
to the original proposal. The developer, H & H Homes, had cut the platting to 10
instead of the 11 lots, and removed a driveway serving two properties. The R/W
had been widened 5 feet to allow for a planting strip. Members of the Planning
Commission had gone over the property with the area residents to see where the
best location would be for the street. Since the utilities run along the north
side of the property, it was the best alternative for the location of the street
from an engineering standpoint. The Planning Commission had approved the revision
by a 3 to 2 vote after the original hearing denial.
Richard Darrow, second lot from 'the corner on the posted map, said he was still
opposed to the double fronting effect. He noted that most of the people in the
area favored a center road as shown on Plan B. However, he personally would.prefer
Plan A as presented tonight, but would like the elevation control so as to have
better access.
A gentleman representing the developer said that the objections had been taken
into consideration, and after postponement, the Planning Commission members had
been invited to take a look at the property. Following this, the developer went
back and designed the street on the north -end, eliminated one lot and put in what-
ever was necessary to please as many people in the area as possible. All factors
were studied and this was determined to be the best compromise solution. He said
they realized it was a controversial problem, but the Planning Commission had
voted for this presentation. He noted that a sidewalk would be installed on the
north side along with planting strip.
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Mr. Darrow stated that -along with a lack of interest now from the objectors, he
felt since the Planning and Engineering thought this was acceptable, he would
like to see Plan A now being presented be the one accepted by council.
Following some discussion, it was moved by Councilman Tuson, seconded by Council-
woman Shippen to accept the preliminary plat of Woodland Estates, and the motion
carried.
PRELIMINARY PLAT - MEADOWDALE VIEW
City Planner Merlin Logan presented the preliminary plat of Meadowdale View, 10
lots at Meadowdale Beach Road and 72nd W., File P-12-72. Mr. Logan explained that
there was a variance before the Board of Adjustment for an undersized lot #9. The
Planning Commission had approved the plat. He also reported that a proposed agree-
ment for a strip of land between the Howisey and Nance Lots, owned by Mr. Eddy, had
failed. Mr. Logan also mentioned that an Engineering Department requirement was
that lot 7 be served by an easement through Lot 8 to 172nd. At this point, City
Planner Logan stated that the Planning Commission had not seen a change that had
been made in lots 1 and 2.
Max Meyring, representing Mr. Eddy, owner of the plat, stated that Mr. Eddy had
objection to the easement across lot 8 for the lot 7 access to 172nd. He thought
there should be a mutual agreement for developing 172nd if another development goes
there so as to share the cost which Mr. Eddy had not anticipated. Mr. Meyring said
that Mrs. Howisey had refused to sign an agreement to trade equal square footage off
the back of her property for the pie -shaped area between her lot and that of Nance.
He felt that Mrs. Howisey wanted monetary remuneration. Mrs. Howisey was present in
the audience, and stated that she had her property surveyed and found the pie -shaped •
piece between -her property and that of the Nance family belonged to her. She said
that she could not attend the meeting when it had been stated that she was going to
swap this area for a 40 foot piece across the back of her property.. She felt she'
had spent money to have the property surveyed and she was just not going to do any-
thing at this time. Councilman Nelson advised Mrs. Howisey that she would probably
gain 170 square feet additional property by giving up 40 feet on the back in order
to square up the area. Mrs. Howisey, however, 'said- th,�tsshd hadta.-.'shed-•on-,that'land'.':
in back and she didn't want to have the taxes go up because of additional frontage.
She also mentioned that she had her property for sale at the present time because of
expenses and problems.
There was much discussion, and it was then moved by Councilman Nelson, seconded by
Councilman Nordquist to postpone action in order to -allow the participants to take
care of lot requirements. Mr. Meyring told council that Mr. Eddy was in the Bering
Sea and would not be back until March; that he wanted the plat to be accepted as is.
Councilman Nelson expressed some reservation on the access from lot 7 to 172nd, and
did not see the advantage of this.
Councilman Tuson said he felt council was being asked to approve a plat that was
different from the one the Planning Commission had voted upon. Mr. Nance, in the
audience, stated that the Planning Commission had advised Mr. Meyring to dispose of.
the property between him and Mrs. Howisey. He also mentioned that 172nd was a very
steep road. City Attorney Wallace advised council that this seemed to''be an in-
valid application, in that a platter should not present a plat with no agreement to
purchase, showing lots containing area which is not owned by the platter, and he
would recommend that they start over and present what is definitely owned or an
agreement to purchase signed, to the Planning Commission and the same drawing then
be brought to council for its approval. The motion and second of Councilmen Nelson
and Nordquist were then withdrawn, and it was moved by Councilman Nordquist, secon-
ded by Councilman Winters to deny the preliminary plat of Meadowdale View. This
motion carried.
PROPOSED FRANCHISE TO ALLOW LYNNWOOD TO CONSTRUCT SEWERS IN 68th W.
City Engineer Leif Larson presented a proposed franchise, with a suggested hearing
date on September 19, to allow the City of Lynnwood to construct sanitary sewers
in 68th Avenue West, lying within the City of Edmonds. Engineer.Larson recommended
that this be subject to Lynnwood modifying the agreement to allow Edmonds to sewer
those people south of the Meadowdale Junior High School.
Following some discussion, a motion was made by Councilman Nelson, seconded by
Councilman Tuson that the hearing on the proposed franchise agreement with the
City of Lynnwood be held on September 19.
Councilman Haines stated that he would vote against this because he felt it should
be referred to the Mayor so that he could meet with Lynnwood for cooperation on
all differences to be aired so that they might be cleared up. There was some dis-
cussion on this, and Councilman Tuson agreed with Councilman Haines. He therefore
withdrew his second to Councilman Nelson's motion. The motion was then seconded by
Councilwoman Shippen, and a roll call vote showed Councilman Nelson and Council-
woman Shippen voting in favor. Tuson, Nordquist, Winters and Haines against, and
the motion failed to carry.
Councilman Haines then moved, seconded by Councilman Nordquist that the matter be
referred from the Engineer to the Mayor for administrative study with the City of
Lynnwood, so that our efforts can be cooperative on all matters of general city
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operations. Councilman Nelson said he would agree if this involved sewers, but he
did not want to get into a swap situation. -Following further discussion, the
motion carried-.
CLAIMS FOR DAMAGES
A claim for damages from Jack Everhart, 7909 - 186th S.W., for damage to his car
when he hit an open manhole or cover at 228th and 76th was acknowledged by council,
and referred to the City Clerk for processing.
COUNCIL ACCEPTANCE OF PHASE-IB UNDER 9th AVENUE UAB
For clarification, Attorney Wallace explained that the City is presently involved.
in litigation by a subcontractor who has sued against the retainage and bond; the
city takes -the position that there has been.an acceptance which would have occurred
back in December of 1971, but that is being disputed. In the event it should be
held by the court that it was not a valid final acceptance, this action should be
taken tonight so that a determination of responsibility can be entered on the
record.
It was moved by Councilman Tuson, seconded by Councilman Nordquist that in the
event that it is decided by the court that the prior acceptance was deficient, then
the City Council will accept that portion of 9th Avenue UAB, known as Phase IB. The
motion carr`'ed.
DEDUCTION FROM 1973 REVENUES FOR REVALUATION
Mayor Harrison reported that he had received a letter from the Snohomish County
• Treasurer's Office, stating that under Chapter 102 of the Laws of 1972, it pro-
vides that the county -assumed portion.of the cost of the revaluation program for
the year 1972 shall be shared by the local taxing districts within the county in
directe.� proportion to the -ratio of basic property tax levied on behalf of each
local taxing district. This would mean that Edmonds' share would be estimated at
$81,888.34, which would be deducted from the revenues coming to Edmonds in 1973.
COUNCIL PARTICIPATION
Councilman Haines stated that along with the applications for rezones,,plats, etc.,
applicant should include proof of ownerships and the city should have regulations
on this. He felt the problem had been amply demonstrated tonight. Councilwoman
Shippen remarked that sometimes ownership is so complex, and this having happened
only a couple of times hardly warrants a regulation. Councilman Haines answered
that many agencies do have requirements along these lines, and after due consider-
ation, council should take some action on this matter.
MAYOR&S REPORT ON POSITIONS AFFECTED BY SALARY STUDY
Mayor Harrison said he had made up a list of positions that will be.affected by
the Salary Study, with deviations from the minimum to show how many people are
under the minimum and how many are paid over the minumum. This amounts to.$1569 per
month to bring those positions up to minimum; that this would be explored first.
Then the list will be analyzed to see what raises should be made beyond that.
The Mayor presented copies of this list to council members for their perusal and
review, with comments to be made at the next council meeting.
There was no further business, and the meeting adjourned at 10:20 P.M.
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Irene Varney Morard City Clerk Harve H: Harrison, Maybr
September 19, 1972
ROLL CALL
The meeting of the Edmonds City Council was called to order by Mayor Harve Harrison
with all council members present.
APPROVAL OF MINUTES
Minutes of the meeting of September 19 had been posted, mailed and distributed,
and with no corrections nor omissions, they were approved as written.
COUNCIL PARTICIPATION
Councilman Tuson said he would like the Police Chief and the City Engineer to study
the intersections around town where there are Yield Signs to determine whether
it would be better to replace the Yield Signs with.Stop Signs. He is concerned
with the intersections where the visibility is poor due to shrubbery or structures
blocking the view. Councilman Tuson therefore, made a motion seconded by Councilman
Haines to have the Chief of Police and the City Engineer make a survey of the
intersections?with Yield Signs to determine if they should be replaced with Stop
Signs. Councilman Gellert remarked that he personally did not feel that Yield
Signs were proper at rectangular intersections. The City Engineer said it all
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