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19740507 City Council Minutes125 COUNCILMAN GELLERT•MOVED.I* SECONDED -BY COUNCILMAN,ANDERSON-'TOIDELETE* THE`PHRASE "..•..OR -90 DAYS OR BOTH.... !' ON. THE ,LAST ' PAGE OF THE PROPOSED ORDINANCE DEALING 'WITH PENALTIES. MOTION CARRIED: Councilman Gellert reque'sted*that all drafts of ordinances in the future contain' the date of said'draft.' COUNCILMAN ANDERSON THEN MOVED, SECONDED BY COUNCILMAN•WELLING TO INSTRUCT.THE ATTORNEY'TO PREPARE A SIDEWALK ORDINANCE REFLECTING THE•*AMENDMENTS'AS'RECOMMENDED. MOTION CARRIED. ; REPORT ON MOSQUITO.PROBLEM IN BALLINGER AREA (ENGINEER) COUNCILMAN GELLERT MOVED, SECONDED:BY COUNCILMANANDERSON TO POSTPONE`THIS AGENDA ITEM TO THE MAY 7TH.COUNCIL MEETING.- MOTION CARRIED. PRESENTATION,OFPLANNING COMMISSION RESOLUTION #432, #433, #436 and #437 COUNCILMAN GELLERT MOVED,.SECONDED'BY COUNCILMAN WELL'ING•TO ACCEPT PLANNING COMMISSION RESOLUTION #432, RECOMMENDING MULTIPLE ZONING AT'6TH S: AND PARADISE LANE REMAIN AS PRESENTLY•DESIGNATED..' MOTION CARRIED.• COUNCILMAN GELLERT MOVED' SECONDED'BY COUNCILMAN ANDERSON-'td-L•SET MAY•21ST AS THE HEARING DATE'FOR'PLANNING COMMISSION RESOLUTIONS #433, #436 and 4437. MOTION CARRIED. CLAIMS -FOR DAMAGES. Council acknowledged receipt.of a Claim for.Damages from Mrs. Carl E:',Schacht. ,This was referred to the: City Clerk for processing. • With no -further business to come before.couneil, the -meeting was adjourned at 10:45 P.M. Eleanor' Quea ey, :Pep y City Clerk Harve H. Harrison, Mayor i May 79 1974 ROLL CALL Regular meeting of the Edmonds City Council was called to.order by Mayor-Harve Harrison.at 7:30 P.M. with all. council members'present. APPROVAL OF MINUTES Minutes of the .meeting of April 23 had been posted, .mailed and distributed, and with no omissions nor corrections, they were approved as written. COUNCIL PARTICIPATION Councilwoman Shippeh said she had three questions: She asked City Engineer .Larson when can council expect the environmental impact,statement.for•196th. Engineer Larson answered that they have:it.and can eeport.on.this•anytime.; Councilwoman Shippen asked if this would include a report on noise, and the answer was that, it would. About its fo1lowing.the same criteria as'for 220.th, • that.answer was also yes.. Couricilwomari Shippen's'second item was regarding the islands.on Edmonds Way, and.this item will be brought up on the May.14 council agenda. Her third.question was.if the.city.had taken-any,action on height limi- tation:. City Planner Joe'Wallis answered that we had,.and_this will.come to the council via resolution'soon. Councilman Nordquist'advised that at last night's meeting -of the Mountlake. Terrace council, it was mentioned that Edmonds and the -county' would contribute to the.new road for 236th, and he noted that Edmonds' Resolution .158,.dated September 5, 1967, states that the.C.ity,of.Edmonds..would.contribute $4400;:. Councilman Nordquist questioned.if the Engineer•knew of any additional monies that'.the City.would be contributing.. City Engineer.Larson answered that in re- gard to . this pro j:ect, 'i.t would involve some . additional cost, but -the city .was only obligated up to.,this time -for what we have thus far,, -,";appropriated. At this point, Councilman Nelson stated that some of our. UAB funds would be used, but he was.concerned that the City of Edmonds.*would have.to tindergo the burden of contributing more now that .this 'delay, not., of our .making.,, would cause .greater costs.that had been originally,anticipated., all due to.the delay in construction. MOTION: Councilman Nordquist then MOVED:TO MAKE THIS'QUESTION OF 236.TH AN AGENDA ITEM FOR THE NEXT COUNCIL MEETING', .AND THE CITY ENGI-NEER.: REVIEW: AND . REPORT. ,BACK ON COSTS NEEDED TO ,BE APPROPRIATED FOR THIS PROJECT. ON ,CALL. FOR THE.QUESTION, THE MOTION CARRIED. Councilman No said he would like to have Attorney John ilallace's inter- .pretation ,of last. week's meeting .of auncil members, and staff. Attorney. Wallace stated.that'it was not a regular city meeting -at -which, any city.business could be conducted. 126 MOTION: Councilman Gellert said he hadquestion that would be for the Building Dept. 'a He had noticed; thef,new;..dental.�Lbw&•lding on• 76th being constructed, and what seemed -to -be two air conditioning units in.the front yard between the building and the sidewalk: City -Planner -Joe Wallis answered.thd: this was correct, and the units will be screened with'landscaping, as this is shown on.their-land- scaping plan submitted to --the city. Councilman Welling asked about the status on the design-for,the Public Works addition. Engineer Larson answered that the specifications have been outlined and they are now making on -site condition survey;•that.it was almost -ready for proposals for a two step process, and would perhaps be ready in a matter of two weeks for asking council for authority to obtain proposals,: CORRESPONDENCE The City Clerk presented a letter of intent for annexation of an area in Seattle Heights in the vicinity of 212th, with city limits its -boundary west of 72nd, - and including some lots in Seattle Heights Division'Four and some in Hoyt Acres, to P.S.H. No. 1.. Mr. Harvey Robinson,,petitioner, had -stated -that he thought the petition contained the necessary 10% signatures. However, the City Clerk's office had not had chance to verifjr,­as to the sufficiency of signatures, but presented the petition as letter:of-intont•in.order for council to acknowledge ,receipt and seta"date for meeting with the petitioners -to determine whether the council would accept the proposed annexation, whether the council would require assumption of existing city indebtedness by the area, and adoption of zoning in compliance with the comprehensive plan. Following discussion, IT WAS MOVED BY COUNCILMAN NORDQUIST� SECONDED BY-COUNCILMAN-GELLERT THAT AN INVITATION BE EX- TENDE6:TO THE PETITIONERS FOR A.MEETING WITH THE COUNCIL ON MAY 21•IN ORDER TO MAKE THE ABOVE MENTIONED DETERMINATIONS. MOTION CARRIED. HEARING: PROPOSED ORDINANCE ON WATER SYSTEM AND.RATES Mayor Harrison asked for a show of hands of those in the audience who were here tonight for the. -hearing on the water system and rates. Three people indicated they were 'preset for- this. City Engineer Leif -Larson gave a summary of the history, city policy for water- line replacement,.the present'd-iciencies, funds needed to upgrade the system, and the.proposed rates. He then used maps with different colors to illustrate high priority areas within the city, deficient lines, etc. He explained the' work done for the water rate study and gave a review of the system and rates. He noted that to accomplish what is proposed, and to proceed with the two million bond issue,with'the revenues received at the present.r.ates, the city would -have a deficiency. -To provide funds•for this, the new rate proposal is being made. Mayor Harrison asked what the average percentage of increase would be, and Engineer Larson answered that it would be approximately 35% increase overall.. Hearing.•was then opened. 'A man.,in-the,audience inquired about the number of different.rates throughout the city,'and said he could not see why some people would be punished by the charge on consumption, rather than charging for getting water to the con- sumer. Engineer Larson stated that the city chargedby cubic feet of water used,.and.this was the way the city paid for.its water. Another man.in the audience suggested increasing the charges for the -excess used -rather than raising -the basic rate. Engineer.Larson noted that there were. administrative costs involved,,and the excess..is charged.as the.city is charged. Tom Day, 89th W.:,'�.had a question on trouble. areas,,. the problems, and why the city needs to replace so many lines. The City Engineer explained the maps with the dif- ferent types of water lines, and the sizes that in some cases are deficient. The.same gentleman also asked -when -the rates would go up Engineer Larson answered that the basic rate would increase.as soon as the -council passed the ordinance, the lines'are in, and the people benefit. Mr.`•Gibson, Wharf -Street, asked what effect the improvement would have on fire insurance rates. The City Engineer said the improvement should .reduce the rates.. Councilman Gellert noted that a study on insurance rates had been done.a year or so ago, and the city was.now Class 5 and with improved water system, if .the city should become a Class'4 it could.reduce.appr6ximately.$10.0,0 on a $24,000'house, which could rake up the difference in any water rate increase. Dewey Leyda inquired about.transite pipe not lasting.. He.said he felt it would last, and would not need replacement for years.. City Engineer Larson answered that'it depended upon the base the pipe is on;.that transite would crack under moving -conditions. A man in.the audience asked if the. people would hAve.a vote on whether or.not to raise the water rates. Mayor Harrison"advised'that the he council, as the elected representatives,. would vote onthis..• No one else in the audience to comment, 'and the hearing was closed. Councilman Nordquist stated that -he would not vote in faugr,:;.,of.passage of the ordinance-ton14ht-because of'the wording in the last paragraph that said the ordinance, and therefore rates, would be in effect five days after passage and publication:. He.said he had understood that the city would sell the bonds first and then pass.on the rates.: •Dick Kennedy, financial advisor from Seattle North- west Securities, told council that'.if they were to adopt the ordinance tonight, his firm would immediately subm�mter.al to Moody:,$; and Standard and Poor's for rating and within a week or ten days the city would be free to sell the bonds whenever they wished, following this. There"followed discussion on the bond market, prices of pipe at the present time as opposed to waiting, etc. 12 V • MOTION: A MOTION WAS -THEN MADE BY -COUNCILMAN ANDERSON' SECONDED BY'COUNCILMAN NORDQUIST TO INSTRUCT - THE ATTORNEY TO' REDRAFT ;;THE PROPOSED" ORDINANCE:_ AND CHANGE SECTION 2 ON PAGE 2 TO READ WIM. EFFECTIVE.DATE OF SEPTEMBER 1; 19740 Councilman Anderson then asked the Engineer if action'council proposed to take.would prec'lude-his ordering materials? City Engineer Larson answere& that he hesitated to order materials without'a bond issue -being there. If the council would instruct him to do so, however, he would do ito- Following some discussion, COUNCILMAN MOTION• GELLERT,MOVED,_SECONDED BY-COUNCILMAN'ANDERSON TO AMEND THE.MOTDN TO ADD THE WORDS "AND IS'THE INTENT OF THE COUNCIL TO PROCEED"o' ON CALL FOR THE QUESTION, THE'AMENDMENT CARRIED, AND THE MOTION AS AMENDED,ALSO CARRIED,' HEARING: PROPOSED VACATION a PORTION OF-81ST R/W THROUGH SIERRA PARK SITE Hearing was held on the proposed vacation of a.pottiori of 81st R/W through the Sierra Park site. City Engineer Leif Larson projected a map on the screen to show the area in'question. " 'Mayor Harrison'opened the hearing.. No'one in'the audience wished to comment on this proposed vacation,'and.the'Mayor declared the -hearing closed. MOTION: COUNCILMAN'NELSON MADE THE MOTION,'SECONDED BY COUNCILMAN;GELLERT THAT PROPOSED QRDIN_A11TCE 1706 BE -PASSED, VACATINGAA'PORTION OF'81ST AVENUE WEST, RETAINING AN EASEMENT AND RESERVING TO THE CITY OF EDMONDS THE RIGHT.-IO EXERCISE -AND GRANT EASEMENTS THEREON FOR PUBLIC UTILITIES AND SERVICES. MOTION CARRIED. PRESENTATION OF PROPOSAL FOR BOAT HARBOR BREAKWATER, BOARDWALK AND FISHING PIER BY DEPARTMENT OF FISHERIES Bill Nims,•representing the Edmonds Jaycees and Chairman of the committee to pro- vide a public fishing pier, brought this item before .council and introduced Mr. Ray Buckley of the Department of Fisheries, who gave the presentation.. Mr. Buckley said this project would provide fishing facilities for people who.do not have or do not wish`.to:.have a boat. He noted that there°were at,.present no areas for this, and the solution to the problem was to provide -fishing` -piers in this region to satisfy a demand. He stated'that.these piers were very popular in California, Texas, and other areas. Mr. Buckley projected slides to show several structures be'ing'used for this recreational fishing;'also underwater areas to show attraction of many kinds of fish; and then'projected drawings of the -proposed structure -being offered to Edmonds.' He commented'on-what has been done so far on this project.' The IAC has sdme 8-million to use acid the Dept. of Fisheries has submitted a request for 3.2 million for fishing piers over the next few years.'•Money-has been requested -'for the first phase of the pier in Edmonds, which will be 100% funded, and which the Dept. of Fisheries'will'con- struct in Edmonds on the existing'Port breakwater structure,' with finger piers stretching into deep water. The structure, when completed, will -be -turned over to the City and/or Port for maintenance and'operation.' This proposal has been submitted to the IAC, and Mr. Buckley said he would like to request, -if the city =•=t,.finds this favorable, that council send a letter to Stan Francis, Administrator -of the IAC,- stating that council has heard the presentation -and proposal and is in -favor -of the project, and give.indication that the city'would look favorably on the maintenance and operation. There followed question's, -from -council on the structure itself, as well'as the expected maintenance problems and methods of operation used in other areas. Mr. Buckley said this is looked upon as a Regional Recreational Program by the Department of Fisheries,'and that the Department,;had employees who would help people with any fishing problems they might have, and would be most willing to'lend any support in that area of the • recreation. Mr. Buckley said he was aware -of the parking problems here.' but that they were not insurmountable, and the pier would provide a -wonderful recreation facility for the city. V Gordon Maxwell9tPort Commissioners said Mr. Buckley had'inade his presentation to the'Port Commission, and added that although there are some.problems involved, he was very much interested at this time -in carrying this further. Mr. Maxwell .said the construction of the pier might create'a,.congestion problem at the foot of Dayton, but nevertheless, at the next Port meeting, they would probably submit a letter of interest as requested'by the Dept. of Fisheries. He stated that this would be a joint effort(.with the Port and City working with the Department of Fisherieis, and he wished to bring this suggestion of.a joint committee to council. Councilman Gellert inquired about a charge for use of the -pier. and although some areas do charge a nominal fee, others'do not:,:, and it is left up t6 the operators of the pier to decide. In answer to.another question from Councilman Gellert, Mr. Buckley stated that yes, the Dept. of Fisher.ies-would.use its expertise=and help people with the recreational fishing problems,•if they so desired, and his staff would help educate and inform as necessary. Councilman.;__ Welling asked if,there were any guidelines on the cost of maintenance and opera- tion. Mr. Buckley answered that it was very low,, even in the Gulf areas which are subjected to -hurricanes. Dave*Larson, in the audience, said he thought the pier was a:fabulous idea; that his children use the existing'Edmonds fishing pier, even in winter. He said he was intrigued with the Fisheries Dept'. offering to -::give instructions. Mr. Larson said he hoped council would -not be too-hung,up with the parking situation. 9 128 MOTION: MOTION: MOTION: MOTION: He added that lots of kids ride their bikes to the pier, and just install a bike • rack; even older people might take to riding bikes to the pier;.and-eventually maybe an intercity transit system might be involved.. He said.he hoped council would: act to expedite this., Ray Sittauer commented that this seemed like a great idea -to Trim, and he was excited about it. He'concurred'with-Dave'Larson'in hoping the -city wouldn't get too hung up on parking. Ted Crittenden, Port Commissioner, said we should now get down to the nitty gritty. ;It,was very clear that this must be a joint effort; that we must indicate approval to -the IAC; that'a joint committee of Port and City on the maintenance and operation of the proposed pier would have to consider all short and long term problems before going.ahead; that parking - was indeed vital; and that there was still a long way to go on.this, and some additional space was needed. Councilman Welling asked Mr. Chittenden'if he was saving his willingness to'write a letter was conditional on the city taking some steps toward additional parking being provided? .Mr:'Chittenden answered not necessarily the city, but from whatever source. If the IAC in this funding can, as has been intimated, include'acquisition of land for parking to make such a project feasible, that is where we should look. Another man in the audience stated that he and other citizens pay the port taxes, and need fishing, not parking. Still another man commented that lie was afraid other than Edmonds citizens would use these piers and bring cars, making a considerable influx of extra people with cars. Harold Bucklin, Port Commissioner, agreed that this facility would draw people from other areas, and we must find some source of additional parking for future need. Mr. Buckley stated -that we should think progressively and positively for this program and change is important; there -:will -be problems, but they can certainly be solved. The breakwater is already there, and the location:is an ideal one. • Following some further discussion, A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED'BY COUNCILMAN NORDQUIST THAT WE AUTHORIZE THE'MAYOR TO COMMUNICATE OUR•ENTHUSIASTIC INTEREST IN THIS PROPOSED PROJECT'TO'MR.' FRANCIS OF THE IAC.1 ANTICIPATING THE FORMATION OF AN INTER-AGENCY'COMMITTEE INCLUDING STATE AGENCIES OF THEPORT AND OURSELVES, TO WORK OUT THE ..ATTENDANT'PROBLEMS. Councilman Nelson'then offered a proposed resolution•he had composed, and asked if'it-might be jointly -and mutually signed, if reasonable*to-the Port Commission. The resolution was as follows-: Whereas, the.Ci•ty of*EdMonds believes that a public fishing pier will benefit the City in'its-total concept to park and - recreation development, and 'Whereas, 'a fishing pier 'wi'll benefit 'the youth, the elderly,''and the non -boaters in being able to fish 'in Puget Sound, and Whereas, the-pier'carries out -the theme of the City of Edmorids by'having a recreation facility directed toward the water activities,'and Whereas, the pie'r.structure Will provide'a natural habitat for marine life in Puget Sound, and.Whe.reas the proposed pier would take advantage of the existing breakwater structure built and operated by the Port of Edmonds, Now, Therefore, be it resolved that the City'of Edmonds 'and Port bf Edmonds -hereby lend their support'to the Washington State Department of Fisheries and'the'Inter-Agency Commission plan to build and fund the public'fishi'ng pier on the perimeter of the north breakwater of the Port of Edmonds Yacht Club. COUNCILMAN NELSON THEN MOVED, SECONDED BY COUNCILMAN GELLERT-TO AMEND THE ABOVE MOTION TO INCLUDE THE'RESOLUTION WITH THE COMMUNICATION TO.OLYMPIA. Councilwoman Shippen commented that 'she felt the -city should participate in tie maintenance and operation even if,it were not in the resolution. Mayor Harrison • cautioned about building and supporting a pier or recreational facility for the region, and '.then having the City stand the expense of also.providing parking for this as a result. Following some discussion, A VOTE ON :THE AMENDMENT TO TIE MOTION CARRIED, AND THEN THE ORIGINAL MOTION, AS AMENDED.,,ALSO CARRIED, BOTH UNANIMOUSLY. AUTHORIZATION TO REPLAC&=0RCYCLE VIA CITY OF SEATTLE BIDS Director of M..& 0., Public Works, Herb Gilbo, made a request of council to obtain authorization to'replace a motorcycle for equipment rental by purchasing the -unit' under' the City of Seattle'bid. This would be a replacement of unit 450, which will'be sold. There was some discussion on use of the cycle, and Police Chief Fgs'ter stated that it was very useful, especially'in traffic. COUNCILMAN NELSON THEN MOVED, SECONDED BY COUNCILMAN ANDERSON TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO REPLACE THE MOTORCYCLE UNDER THE'CI•TY OF SEATTLE BIDS. MOTION CARRIED.' PROPOSED SIDEWALK ORDINANCE,. Councilman Welling noted -that -council often directs the Attorney to draft an. ordinance, without the Attorney knowing precisely what the council has in mind for language, and he had tonight distributed some suggestions' for word'ig-.-in the sidewalkiordinance, which does not alter the ordinance ether'than substi- tuting, some words,' and Councilman Welling was submitting these suggestions for council'consideration since they did not in"any way change the meaning"of the sidewalk ordinance. Having read the suggestions, A MOTION WAS MADE BY COUNCIL- MAN GELLERT, SECONDED BY COUNCILMAN NELSON TO ACCEPT COUNCILMAN WELLING'S NEW WORDING AND INSTRUCT THE CITY ATTORNEY TO REDRAFT THE ORDINANCE AND -RE -SUBMIT ON MAY 21. • 129 Pat Welling, in.behalf of the Beautification Committee, stated that•this was fsomething.they have wanted for a long-time. However,basing some of it on the weeds ordinance is not to their_ liking, because the weed ordinance"is something they have had on their agenda, as -the committee -feels -it is'abso iitely useless. Another item, on the enforcement, says 45 days to make an adjustment, and 45 days would be the whole-summer=•as.far as vegetation is concerned, and this seems to•be too long a,period for this., City.Engineer.Leif Larson commented that in the referral to the word "pedestrian", he -would suggest "public use" to include pedestrians, bicyclists, horseback.riders,-•or any other use of.the public right- of-way.- -Another-member-of•the Beautification -Committee -told council*that it seemed anytime something.needs to be done, you would have to complain,and she did not feel,government--,should.-be run on complaints. In regard to the enforce- ment noted in the ordinance, she said,she was -confused that in the old ordinance it mentions the City Superintendent, and in the proposed new one, it says'' -the' Director of M. & 0. She was assured that this was the same person, except for a change in title since the old ordinance was written. ON -CALL FOR THE QUESTION, THE MOTION CARRIED REPORT ON MOSQUITO PROBLEM.•IN-BALLINGER AREA City Engineer Leif Larson reported that the mosquito problem which council had brought to its attention via letter-, was.originating from ponding.on private property. There was no immediate solution on the part of the city without an expenditure, and he felt the Snohomish Health District could advise the people on dealing with their problems. Councilman'Gellert-wondered if the ordinance couldn't be amended to deal with mosquitoes along with caterpi:llers. -Capt.-- Shields,'in•the audience, reminded council that King County ran'into-'the problem of enforcing'its ordinance on itself as well as -the c.itizens,-and the • City of Edmonds would come up against this, too, with caterpil'ler tents -in the trees within the -city parks. APPROVAL.OF TOW TRUCK LICENSE = FIVE CORNERS TOWING & EXXON A request for, -.tow truck license had been received from Gerald D. Backus, -for Five Corners Towing &,Exxon., Police Chief Foster-reported,.that after police investigation procedrires,and with adequate insurance proof, and•with the City Clerk having on-fil,e a:business license for this establishment since July 1971, he•was•satisfied and recommended approval. MOTION: IT WAS. -THEREFORE -MOVED BY•-COUNCILMAN-GELLERT, SECONDED BY COUNCILMAN NORDQUIST THAT APPROVAL BE GIVEN FOR THE CITY CLERK -TO ISSUE A TOW TRUCK LICENSE TO GERALD D..BACKUS-FOR FIVE CORNERS TOWING & EXXON.' MOTION CARRIED'. CLAIMS FOR'DAMAGES The City Clerk -presented claims for damages from Herbert A. Larkins, Robert G. and Martha Sampson, William Moss, Carter W. Robins, and Joseph R. Poehlman. Most of these were due to water damage from a surge in water pressure. Council acknowledged receipt -of the claims and they were then referred to the City Clerk for processing. There followed some discussion -on requirement for control mechanisms to be placed -on home -hot water tanks, and some kind ofinspection needed for this. ADJOURNMENT. There was -no further business, and the meeting•adjourned at'10:35 P.M. Irene Varney MoranW City Clerk_ Harve H.-Harrison, Mayor May 14r 1974 =- ROLL CALL The work meeting of the Edmonds City Council was called to order by -Mayor Harve Harrison at 7:30 P.M. -All council members were present. APPROVAL OF MINUTES t ,Minutes -of the meeting of May 7, 1974 had been posted, --mailed and distributed. Councilman Anderson noted.that on.page 5, par,agraph.3, line 5, the minutes should. read "... AND THE PORT AND. OURSELVES, ... "rather .than ".•.OF THE-PORT—U. The.minutes were then approved.as corrected. COUNCIL PARTICIPATION. Councilman Nelson announced.that he had attended-Expo.174 representing the City ofEdmonds on Edmonds.,. Washington Festival -Day, which,was May 8, �• -974. -He...present.ed .the .Key. to the City of Edmonds to Mayor David Rogers of Spokane, .and invited the City of Spokane to'visit Edmonds during the Arts 7estival which is scheduled for June 21st through June 23rd. A plaque was presented