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19720912 City Council Minutes• PROPOSED RESOLUTION FOR $100,000 COUNCILMANIC BONDS o 2l 1 1 n U 1 • C 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. v 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 11 322 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 w81ty 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 .- 323 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. 324 • 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 n LJ 325 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. • r v 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 40