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19740305 City Council Minutestoo • District No. 1 Engineer, Wes' -Bogart, indicating that the State will provide for the total cost of construction of SR 524, 196th S.W: from 81st to 88th Ave. W., with the provision that the City provide for design, plans, specifications, and contract administration including inspection. Also, to acquire R/W if necessary. Preliminary evaluation and design of the intersection of 88th indicates that the present R/W is -adequate. Estimated construction cost is from $250,000 - $27590009 and it is estimated that the City's participation would amount to 10 to 15% of the construction cost. City tention -'-.to proceed with Engineer Larson recommended that the City confirm the in- the project based on the estimate in order that a formal agreement can be prepared for review and execution by the City and the State. Councilwoman Shippen asked for deferment until April for citizen participation at the beginning. Engineer Larson stated that it was a question of timing regarding available UAB funds for these purposes. Councilwoman Shippen said she would like to have hearings held with information gathered prior to these hearings. She stated that she would want the State Highway Dept. to supply traffic counts on -a sectional basis, from 76th to 81st; 81st to 84th; 84th to 88th to Olympic Avenue at the Gulch; Olympic Avenue to 9th; to Casper; and Casper to Main. She would like to mail or send out notices to all interested parties; have Mr. Vic Sood provide council with prospective bus routes along the area; and defer any action until all this adequate information is received; then hold hearings in order to involve the people. COUNCILWOMAN SHIPPEN THEREFORE MADE A MOTION, SECONDED BY COUNCILMAN ANDERSON TO DEFER ACTION ON THE PROPOSED EXTENSION OF 196TH BETWEEN 81ST AND 88TH UNTIL ADEQUATE INFORMATION IS RECEIVED AS STATED ABOVE, AND HEARINGS BE SET FOR MARCH 26, AND APRIL 21 IF NECESSARY. Councilman Gellert said he was con- cerned with the validity of traffic counts from now until April 2; that -they would probably be abnormal due.to the energy crisis. Engineer Larson said he saw no • reason why they could not proceed simultaneously and go ahead subject to the out- come of the hearings and the information to be gathered. IT WAS MOVED BY COUNCIL- WOMAN SHIPPEN, SECONDED BY COUNCILMAN GELLERT THAT IT WAS THE CITY'S INTENTION TO APPROVE THE AGREEMENT SUBJECT TO ACCUMULATING THE INFORMATION ASKED FOR BEFORE FORMAL AGREEMENT IS MADE, AND THE HEARINGS STAND. MOTION CARRIED. COUNCIL ACCEPTANCE OF CONSTRUCTION OF 1.5 MG RESERVOIR IN YOST PARK City Engineer Leif Larson requested continuance of: -:this acceptance for one week, due to some financial aspects that would be completed by that time. A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN WINTERS TO CONTINUE THIS AND PLACE THE ITEM ON THE MARCH 5 COUNCIL AGENDA. MOTION CARRIED. PROPOSED ORDINANCE FOR ACCEPTANCE OF REVISED COPY OF COMPREHENSIVE PARK PLAN Replacement pages showing corrections and additions to the Comprehensive Park Plan had been distributed. COUNCILMAN GELLERT MADE A MOTION, SECONDED BY COUNCILMAN NORDQUIST THAT PROPOSED ORDINANCE 41702 BE PASSED, ADOPTING A COMPREHENSIVE PARKS AND RECREATION PLAN AND SETTING FORTH THE LAND DESIGNATIONS AS PROPOSED PARKS AND AMENDING SECTION 1 OF ORDINANCE NO..1147. MOTION CARRIED. CLAIMS FOR DAMAGES A claim for damages from.Kerry Rouse, wherein asphalt from a Public Works truck fell from the truck and bounced on his windshield, was acknowledged and referred to the City Clerk for processing. ADJOURNMENT There was no further business to come before council, and the meeting::was adjourned at 11:10 P.M. Irene Varney.Moran City Clerk Harve H. Harrison, Mayor March 5, 1974 ROLL CALL Regular meeting of the Edmonds City Council was called to order at 7:30;PM. by Mayor Harve Harrison. All council members were present. APPROVAL OF MINUTES City Engineer, Leif Larson, noted a correction to be made on page 5, third line down in the second paragraph under the item regarding extension of 196th. It should say State funds rather than UAB funds. Mayor Harrison had a correction on page 4, second motion on the page, which he thought should read"... rather than limiting it to the zones as listed above...". The minutes were then approved as amended. • 1 1 is • 101 COUNCIL PARTICIPATION 1 Councilman Anderson.said that he would like to have further discussion on MOTION.: refinement.of the undergrounding formula. He then made a motion that this be set as an.agenda.item for.next week. Councilwoman Shippen seconded the motion. It was then voted upon and carried. Councilman Welling stated that he had looked into various aspects of the Brookacres acquisition. Following his investigation he was of the opinion that there would not be sufficient.tax benefit for us to pursue this any further. MOTION: Councilman Anderson.moved, seconded by Councilman Welling that the city communicate with the.owner of the property that it would not be feasible to proceed with the possible acquisition of this property. Motion carried. Councilwoman Shippen asked Engineer Larson if he could review -the city street design.standards,.how we came by them, when they were adopted, etc. at the next council work meeting. Councilman Gellert asked Engineer Larson when he will have a progress report on the water system. Mr. Larson replied that this would be an agenda item for the next council -,/work meeting. Councilman Gellert asked that the.City Attorney report on the legal authority with regard to Board of Adjustment rulings, and report to council next week. Councilman Welling asked what is.being done with regard to the water problem in the area of.7th and Walnut. Engineer Larson said that three work orders have been issued. One.was to have the Public Works Department do some rodding to determine the possible sources of water. Another was to install a new storm • sewer on the south side of Walnut that will intercept some of the excessive storm water; plug up an abandoned manhole which was discovered, etc. A storm sewer which was supposed to be constructed from Alder Street southerly over private property to the alley between Alder and Walnut for drainage purposes, etc. has been delayed as it was found that no easements have ever been recorded, even though the sanitary sewer has existed there since the 19201s. Easements must be obtained before construction can proceed. Mayor Harrison stated that he had received>a letter from the National Fire Protection Association congratulating our Fire Department for placing second in the State of_Washington in a'Fire Prevention Contest. Chief Cooper explained that all departments all over the United States participated in this contest, and that we received second place in the State by sending in a recording of all of the work done by the Edmonds Fire Department in thia area. AUDIENCE PARTICIPATION A gentleman in the audience asked for a delay of one week with regard to the work orders discussed by Engineer: -Larson, so that they can make some evaluations of their own. Mayor Harrison stated that he had a petition from five service stations requesting street use permits. The.Mayor reminded council that this had been discussed last week and that it had been decided.to waive the fees; the review by the Amenities Design Board and that it would be on a 90 day termination basis. The stations were: Westgate Chevron, Lake Ballinger Arco, Five Corners Exxon,, MOTION: Five Corners Shell and Jerry's Arco on 212th. Councilman Nordquist moved,. seconded by Councilman Anderson to approve the street use permits for the above - mentioned service stations. Motion carried. HEARING: PLANNING COMMISSION RESOLUTION 430 - RECOMMENDING TOWNHOUSES AS PERMITTED IN DUPLEX, MULTI -FAMILY AND PRD ZONES. City Planner, Joe Wallis, reported on this item stating that the staff was'th°e­"`_ applicant; and that it is a request to an amendment to the Zoning Code permitting townhouses in duplex, multi -family and PRD Zones. Mr. Wallis stated that there ' had been a change in the definition of "townhouse". The City Attorney had suggested that the definition shall include the statement. "No dwelling unit shall overlap another. vertically". Following some discussion, Mayor Harrison opened the hearing. No one wished to speak on the matter, so the hearing was MOTION: closed. Councilman Nordquist moved, seconded by Councilman Anderson to instruct the attorney to prepare an ordinance amending the Zoning Code to allow townhouses as a primary or permitted use,in RD, RM districts and in PRD Zones. Motion carried. APPEAL FROM DENIAL OF APPLICATION - VILLA HEALTH SPA. Mayor Harrison stated that the City Attorney had advised him that a license once.issued may be suspended or revoked if the same was procured by false representation of facts; and also it was his opinion that the City Council could refuse to grant a license to anyone who intentionally falsifies an application for such license. John Kovarik, attorney, representing the applicant,'stated that with the passage of our Ordinance No. 1684, regulating massage parlors, saunas, etc., the person 0 102 • ,r who had been financially interested in the Villa Health Spa, by virtue of the ordinance became a person who could no longer stay interested in said business. Mr. Kovarik stated further that in the process of maintaining continuity of business, this application was made; and that it was his understanding that the parties had taken steps to change ownership and had not completed paperwork necessary to do so. At this point Mr. Kovarik had been consulted and he then proceeded to have -the parties prepare and execute all the proper documents to totally effectuate the sale. He then sent a letter to Mr. Wallace regarding the situation. He said a revised application has been submitted to the City Clerk. Mr. Kovarik said that as far as an -application itself is concerned, it might not have been complete in some spots, but he had no indication that there was any falsification in it. Mayor Harrison then asked if the attorney and the Police Chief were satisfied that the application was in order. Chief Foster said no, that he had investigated only the original application, and that at such time there is a new application and the proper fees have been' paid, he will beglad to investigate it again. Mr. Wallace stated that none of the documents referred to by Mr. Kovarik have been submitted to the Police Department in response to their request to see said documents; and to cure the defects for which the City Clerk refused to issue the license. City Attorney Wallace reminded council that the matter before them this MOTION: evening was the original application only. Following some discussion, a motion was made by Councilman Gellert and seconded by Councilman Nelson that the City Clerk's denial of the application of Villa Health Spa be upheld, and that any new application that is acceptable, and that is submitted within 30 days, have the fee reduced to $25.00. After a brief discussion, the motion was voted upon and carried with Councilman Welling voting against. WAYNE COBBS: SPEAKER REGARDING CONSOLIDATION ISSUE Mr. Cobbs stated that he was asked by the Committee for Cdn-sideration of City Consolidation to speak to the council regarding this matter. He gave the background to the formation of this committee. The committee is composed of 75 people who are residents or businessmen in the Edmonds School District #15. He said he would like to ask the city to appoint one person in the city to whom the members of this committee could come for information. In reply to a question from council, Mr. Cobbs said that the committee intends to conclude its study on the 28th of March. They will then have a meeting and decide which way they will go from there. He was then asked how much time would be required of the person selected. Mr. Cobbs said about 8 man hours. In response to a question from Jim Mueller, City Attorney, John Wallace, said that it would. take a majority vote of each city to bring about the consoli- dation of the area cities. Chet Bennett pointed out that all you need is a majority of the persons that voted in the last election. He said that 25% of the registered voters voted in the last election, and therefore it would take very little voter participation to pass. Mr: Mueller said that if this matter should come before the people at the polls, it would be better to have this on the ballot during a general election. Councilman Nelson asked Mr. Cobbs if the city would be entitled to a written report of the committee's findings. Mr. Cobbs said this could be arranged. MOTION: Following consideration discussion, Councilman Anderson moved, seconded by Councilwoman Shippen that the Mayor designate a city official of his choice to find eight hours of time to supply information to -this committee. Chet Bennett said he would like an answer as to the details of a potential election on this ussue. Ward Phillips inquired whether the -Blue Ribbon Committee should consider the Consolidation Issue in their deliberations. He was told that this should not be considered by them at all. The motion carried following a roll call vote. Councilmen Welling and Nordquist voted against. The Mayor then appointed Ron Whaley M.A.A. to act as the city contact for the Consolidation Committee. Mr. Whaley then asked Mr. Cobb to call for an appointment before coming in and that the questions be in written form. APPROVAL OF FINAL PLAT - ELM VIEW ADDITION, DIVISION B - SOUTH OF ELM, BETWEEN 7TH AND 8TH. City Planner, Joe Wallis reviewed this matter. Engineer Larson also explained what has been done to date, with the use of a map which was displayed on the MOTION: bulletin board. He recommended approval. A motion was made by Councilman Winters and seconded by Councilman Anderson to approve the final plat of Elm View Addition, Division B. Motion carried. PROPOSED AMENDMENT TO THE AMENITIES DESIGN BOARD ORDINANCE Councilman Gellert moved, seconded by Councilwoman Shippen to pass Ordinance #1703. Mayor Harrison said that he could not understand the Amenities Design Board getting involved in structural review. Following some discussion, the motion and the second was withdrawn. Mayor Harrison reiterated his remarks of last week wherein he thought that the applicant was submitting his plans to 1 • 1 • 1 1 0 • 103 1 1 n LJ 7 L • ,the Amenities Design Board as an accommodation to the city, and therefore should MOTION: not pay any'fee. Another motion was made by Councilman Gellert and seconded by Councilman Anderson that this matter be deferred.until March 19th so that the ordinance can be ammended- to indicate a $20.00 application fee for projects in excess of $1,000 and $2.00 fee for projects estimated to be'less than $1,000. Councilmen Nelson and Winters commented that they felt there 'should be no fee. A roll call vote revealed Councilmen Welling, Nelson, Nordquist and Winters voting against and council members Gellert, Shippen and Anderson voting for. MOTION: The motion then failed to carry. A motion was then made by -Councilman Nelson, seconded by Councilman Nordquist to instruct the City Attorney to strike Sec. 9 of the Amenities Design Board Ordinance, and prepare a new ordinance reflecting this change. A roll call vote showed Councilmen Welling, Nelson, Nordquist and Winters voting for and council members Gellert, Shippen and Anderson voting against; and the motion carried. COUNCIL ACCEPTANCE OF CONSTRUCTION OF 1.5 MG RESERVOIR IN YOST PARK Engineer Larson reported on this item, and recommended acceptance of the contract, MOTION: and the construction. A motion was made by Councilman Nordquist and seconded by Councilwoman'Shippen to accept the construction per the Engineer's recommendation. Motion carried. AUTHORIZATION TO PROCEED WITH DESIGN OF ADDITION TO PUBLIC WORKS BUILDING Herb Gilbo, Director of M & O, Public Works, stated that an amount had been set aside, following 1973 Capital Improvements Budget discussions, for this project. This amount_is approximately $6,200. The item has been continued in -the 1974 budget. Mr. Gilbo stated the remainder of the funds necessary for this work can come from $71,000 anticipated revenue from the water -sewer fund for the year. Mr. Gilbo presented a handout to the members of the council showing a cost breakdown and a sketch•of the proposed building. He asked MOTION: for council authorization to proceed with the design for the facility. A motion was made by Councilman Nordquist and seconded by Councilman Anderson to authorize proceeding with'the design for the addition to the Public Works Building. MOTION: There was some discussion regarding financing and design. Councilman Gellert then amended the motion, seconded by Councilwoman Shippen to authorize funds up to $1,000 for the design of the Public Works Addition. The amendment was then voted upon and carried; and the motion as amended also carried. CLAIMS FOR DAMAGES Council acknowledged a Claim for Damages from Eugene S. Jensen in the amount of $116.73. This was referred to the City Clerk for processing. AMENITIES DESIGN BOARD FEES City Planner, Joe Wallis asked what will happen to the fees that were submitted at the last Amenities Design Board Meeting. A motion was made by Councilman Nelson and seconded by Councilman Nordquist that the fees that were collected for applications to the Amenities Design Board be returned. Motion carried. There being no further business to adjourned at 10:00 P.M. Eleanor Queal , Deputy y Clerk March .12 , 1974 ROLL CALL come before council, the meeting was Harve H. Harrison, Mayor Work meeting of the Edmonds City Council was called to order at 7:30 P.M. by Mayor Harve Harrison. All council members were present. APPROVAL OF MINUTES Minutes of the regular meeting of March 5 had been posted, mailed and distri- buted, and with no omissions nor corrections, they were approved as written. COUNCIL PARTICIPATION Councilman Anderson inquired about the mini -parks at Fifth and Main, and, -.about the fountain and fund raising for it.- Joe Wallis answered that work was pro- ceeding on the mini -parks by the city, but that this was a'separate project from the fountain itself. Herb Gilbo reported that there was a committment from Al Kincaid that there would be no problem regarding the collection of funds for the fountain.' At this point, Mayor Harrison stated that Ed-Ballew and Howard Duell were present to show a model of the proposed fountain, with a change in the design from the original presentation to council. Ward Phillips commented