19750128 City Council Minutes228
January 28, 1975
ROLL CALL
The regular meeting of the Edmonds City Council was called to order by Mayor
Harve Harrison at 7:30 P.M. in the Council Chambers at the Edmonds Civic
Center, with all council members present.
APPROVAL OF MINUTES
Councilman Anderson said that the reference to North Meadowdale Beach Road
should be North_Meadowdale Road•. Councilman Gellert said that on page 3, the second
motion, it should be "...referred to the Planning Commission", not heard.
The minutes of the meeting of January 21st had been posted, mailed and distributed,
and with the corrections noted above, they were approved.
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COUNCIL PARTICIPATION
Councilwoman Bruns said
that she had received a
letter of thanks from the
Planning Commission and
staff, which proves that
bureaucracy has a sense of
humour. She said there
had been discussion about
giving her a resolution, and
she had said that would
be alright if it was on
re -cycled paper. She held
up the letter and said
that she had received the
letter on the back of some
old minutes!
Councilwoman Shippen said that with reference to the Housing and Community
Development Act, it appears that we are still bound by our interlocal agreement,
because HUD has declared that if the State -Legislature will grant the County the
authority to administer the funds HUD will accept,.;that emergency legislation. •
The Policy Board gave the Legislature until Friday to make the County legal
as the administrator of funds.
Councilman Gellert stated that he had several copies of the Combined Statement
of Cash dated 12/31/74. He asked Mr. Whaley which was the correct one, and
Mr. Whaley said that the one with the greater amount was actually put out on
the 20th of January. Mr. Whaley went through the figures briefly. There was
also a discussion on the Street Arterial Fund, and City Engineer, Leif Larson,
stated that he will make a separate report on this giving full details.
Mayor Harrison announced that he would like to appoint Councilwoman Norma Bruns
to the Park Board as the ex-officio member of the City Council, replacing
Councilwoman Shippen.
CORRESPONDENCE
Mayor Harrison said that he had received a letter from the Governor's Office
in which the Governor said that under the provisions of the Urban Mass Transportation
Assistance Act of 1974, acting jointly with other officials, he is required to
designate the recipients of Section 5 block grants. There is to be a meeting
at 2:00 P. M., January 31, 1975 in the Coho Room of the Tyee Motor Inn, Tumwater.
M.A.A. Ron Whaley is to attend this meeting to act for the City of Edmonds.
AMENITIES. DESIGN BOARD - ANNUAL REPORT - MARGARET BERNHOFT
Mayor Harrison introduced the -members of the Board who were `present in the
audience in addition to Mrs. Bernhoft - John Latourell and Keith Goldsmith.
Mrs, Bernhoft said that she was making the report as she is the past chairman.
She said that they have been in exisitence about a year now and have reviewed
63 applications; 5 informal informational reviews and 5 second reviews for a total
of 73 separate actions. Mrs. Bernhoft stated that the Board is sensitive to
the schedule of the applicants and has held two special meetings to accomodate
applicants. She said they are going to start having two meetings per month,
so that they cantake care of some of the administrative things. They plan
to work on a design district concept of zohing. Councilman Gellert asked if
the intant was to develop their own guidelines, and Mrs. Bernhoft said that
this is the case. Councilman Anderson expressed his appreciation to the Board,
and asked if the agenda is strictly adhered to. Mr. Wallis said that it is,
except for a couple of emergency situations.
HEARING: PRELIMINARY ASSESSMENT ROLL LID #194 - 196TH UAB PROJECT
City Engineer, Leif Larson, stated that this is a project that has been approved
by the Urban Arterial Board and is financed 90% by the UAB and the municipality
that benefits, carried the remaining;10%. The 196th project is a joint project
with the City of Lynnwood, and the 10% has to be made up by the City in regard
to matching funds. The project was authorized over a year ago, and it was
approved for design in August of 1974. Mr. Larson said that the project had
gone over the estimated project cost. Mr. Larson placed a map on the bulletin
board showing the proposed work to be done. He then explained the zone -and -
termini method for assessing the property owners. He said that the Council has
previously adopted a policy whereby the property owners on ihese arterials
are assessed $4.00/zff. Mr. Larson stated that since this policy was established
in.1967 costs have gone up, but the rate will remain $4.00/zff, which does not
cover the costs. The hearing was opened.
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Mr. Merril Osborne, 19525 - 80th Avenue West, asked what happens when the
project goes over the estimated cost - does the property owner bear a portion
of it. Mr. Larson said that the property owner will only pay $4.00 per zone
front foot. Mr. Osborne asked what happens to property that is taken, and
Mr. Larson said that if there is dedication involved, he will.not be assessed.
If it is an easement, in which he retains ownership, he will be assessed. If
property is to be taken, the owner is reimbursed. Following some more
discussion, the hearing was closed.
MOTION:COUNCILMAN ANDERSON MOVED, SECONDED BY CDUNCILMAN CLEMENT TO PASS ORDINANCE #1757,
IN REGARD TO THE 196TH UAB PROJECT. MOTION CARRIED UNANIMOUSLY.
HEARING: PRELIMINARY ASSESSMENT ROLL LID #193 - 220TH UAB PROJECT
Engineer Larson placed a map of the project on the bulletin board and reviewed
it for the audience and council:. The hearing was opened.
Mrs. Donald Himle, 21911 - 82nd Place West, said that she had received her
assessment notice in the mail, but that her neighbor had not. It was explained
that the notice is sent to the owner of record, and also the person listed as
occupying the residence. Mrs. Himle asked how she directly benefits from this
improvement.Wayne Jones, with Reid, Middleton and City Attorney, James Murphy,
explained. Mr. Larson pointed out that the assessments amount to under 5% of
the cost and said that one of the benefits would be the sidewalks for a safer
walkway for the children. Mr. Larson explained to Mr. Bob Chandler, 8405 -
220th S. W. that the property owner can pay the assessment off in 10 annual
increments, with the first payment due one year after the final hearing.
Mr. J. E. Plute commented that people travel 220th at a high rate of speed.
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Mr. Larson stated that an ordinance has been passed reducing the speed limit
between 76th and 9th Avenue to 30 miles perhour. Mr. Chandler asked if water
mains would be going in. Mr. Larson said that storm sewers and water mains
would be put in. There will be fire hydrants in place of the stand pipes.
Mr. Plute thought there might be a mistake in his assessment, and Mr. Larson
said he would be glad to go over it with him. Mr. Larson said that if there is
an error, it can be changed by the final assessment hearing. Councilman Clement
commented that he thought people affected should have a copy of the L.I.D.
Procedures which had been provided to him by the Engineering Department.
There was a discussion regarding protesting the improvement.. The City Attorney
explained that in these major procj:ects involving UAB monies, if it is protested
out, the counca has
come
back with a sidewalk improvement program, and that
cannot be protested
is the value of the
out. Mr. Larson pointed out that the value of the protest
person's assessment. Mr. Murphy told Mrs. Hiinle that if
the property owners
come
in within 30 days with written protests, containing
the legal description of
the property or L.I.D. assessment number, and signed
by both husband and
wife,
the.council would have to "kill" the L.I.D: These
protests must be filed with the City Clerk, and total 50-60% of assessments.
During some further discussion, Mr. Plute said that he is also the owner of
some property over on 218th. He said there is a large ditch in front of this
property and he is afraid a child will drown in it if something is not done.
Mr. Larson said thht he will be glad to talk to Mr. Plute about it. The Mayor
also encouraged Mr. Plute to see the Engineer about this problem.
There was also discussion on the planter areas, and Wayne Jones pointed out
that the sidewalk comes up to the curb, .except where the planters are. The
• planters are approximately 6' long and are spaced 40' apart. No one else
wished to speak on this matter, and the hearing was closed.
MOTION: COUNCILMAN NORDQUIST.MOVED, SECONDED BY COUNCILMAN CLEMENT TO PASS ORDINANCE
#1758 REGARDING THE 220TH UAB PROJECT. NOTION CARRIED.
MOTION.,: COUNCILMAN NORDQUIST THEN MOVED, SECONDED BY COUNCILMAN GELLERT THAT PARKING
BE PERMITTED ON BOTH SIDES OF ,THE STREET STARTING AT 76TH WEST TO THE END OF
THE PROJECT. The City Engineer pointed out that the appropriate change should
be made via the Traffic Ordinance, but that it is not really needed as that ordinance
usually prohibits a particular action. Mr. Larson said.that he would be glad
to go over the UAB standards with the council some time. THE MOTION FAILED,
FOLDOWING A,ROLL CALL VOTE, WITH COUNCILMEN WELLING AND NORDQUIST VOTING "YES"
AND THE REMAINING NUMBERS VOTING AGAINST.
Councilman Clement said that the persons involved in the L.I.D. should be
provided with an L.I.D. procedure sheet. Councilman Welling suggested that
one way to eliminate the problems with notification of assessment, would be
to have them hand delivered and to get a receipt. Wayne Jones pointed out
that there were 68 parcels in this project, and that it was his observation
that approximately 4-5 people were saying that they did not get a notice.
APEX GARBAGE - RATE INCREASE REQUEST
M.A.A. Ron Whaley stated that Mr. Solomon, president of Apex, had passed him a
letter this evening that indicated that they were changing their effective date
to March 1st, rather -than February 1st. This letter had been directed to the
Utilities Commission. Mr. Whaley said that at the work meeting of the 14th of
January, the Council requested that comparative information be gathered from
Sound Disposal and.Northwest Garbage. The increases being requested by the
• three firms are as follows: Northwest, from $3.40 to $3.75 by April lst;
Apex, from $3.00 to $3.70 by March lst and Sound Disposal from $2.80 to $3.50
by March lst. Apex had presented financial statements, and also included was
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a letter which Apex had written to the Washington State Transportation and
Utilities Commission pointing out things that seem to be having quite an impact
on all the local firms; wages and fringe benefits, disposal costs and equipment
costs. There was general discussion, and Councilmen Welling and Clement stated
that they had come to the conclusion that there should be an increase, but did
not know how much. Mr. Solomon said that he can give a firm commitment that
there will be no request for increase for the next two years. Councilwoman
Bruns wondered if it would be more equitable for everyone in Edmonds to pay
the same rate. However, it was pointed out that many factors are considered,
such as the nature of the route, the density, etc. Mr. Slye with Sound Disposal,
said that he could not make a commitment such as Apex has made, since he is limited
to a certain area in Edmonds.
MOTION: COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILWOMAN BRUNS THAT WE APPROVE
THE INCREASE, SUBJECT TO FINAL REVIEW BY THE WASHINGTON STATE UTILITIES AND
TRANSPORTATION COMMISSION. THE MOTION CARRIED, FOLLOWING A ROLL CALL VOTE
WHICH RESULTED IN (DUNCILMEN WELLING, NORDQUIST AND ANDERSON VOTING AGAINST,
AND THE REMAINING MEMBERS VOTING IN RVOR.
PROPOSED ORDINANCE REGULATING DISCHARGE OF SEWAGE FROM SEPTIC TANKS _
OR MOBILE HOLDING TANKS.
MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON THAT ORDINANCE
#1759 BE PASSED. MOTION CARRIED.
APPOINTMENT OF CHAMBER PARKING COMMITTEE MEMBERS
Mayor Harrison stated that he was appointing a CPA, an architect, a shop owner,
a banker and a realtor. They are as follows: Dave Larson, Wade James, Sheryl •
MOTION: Null, Larry Hubbard and Lyle Gustafson. COUNCILMAN NORDQUIST MOVED, SECONDED
BY COUNCILWOMAN SHIPPEN TO CONFIRM THE MAYOR'S APPOINTMENTS. MOTION CARRIED.
Mayor Harrison said that he will invite these people to attend the work meeting
with the council on February llth.
AUTHORIZATION FOR MAYOR TO SIGN LANDSCAPING AGREEMENT WITH STATE
ON SR 104 ISLANDS.
City Engineer, Leif Larson, said that he would like to continue this item for
one week as he did not bring the landscaping plan; and that he would like to
MOTION: have the plan reviewed by Keith Goldsmith. COUNCILMAN NORDQUIST MOVED, SECONDED
BY COUNCILMAN ANDERSON TO CONTINUE THIS ITEM TO THE FEBRUARY 4TH MEETING.
MOTION CARRIED.
AFFIRMATIVE ACTION PLAN DISCUSSED
Fire Chief, Jack Cooper, stated that some of the committee members were in the
audience, if council had any questions. Mayor Harrison said that on page 2,
the committee recommended a full-time EEO Officer for at least one year.
The Mayor appointed Ron Whaley, M.A.A. to serve in that position. Councilwoman
Shippen asked if perhaps a federally funded person could be used to assist
Mr. Whaley, as there will be some statistical analysis needed. The Mayor said
that this will be considered, and that Mr. Whaley could appoint the necessary
help he will need. Councilwoman Bruns mentioned that on page 16, the EEO Officer
is referred to as him and that she would like it to read "him/her". COUNCILMAN
MOTION: GELLERT MADE A MOTION, SECONDED BY COUNCILMAN NORDQUIST FOR THE ADOPTION OF THE
AFFIRMATIVE ACTION PLAN, WITH RON WHALEY AS EEO OFFICER: AND THAT THE CORRECTION
BE MADE ON PAGE 16. MOTION CARRIED. Councilman Nordquist said that he would
like, on behalf of the council, to give the committee a vote of appreciation
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for the many hours of work put in to produce this plan. Councilwoman Shippen
said that she would like to second that. Councilman Gellert asked that the
committee reconvene once a year to review the recommendations of the EEO Officer.
Mrs. Shippen pointed out that this is provided for in the document.
REPORT'ON REQUEST FOR STREET VACATION VICINITY 6TH AND ELM (ENGINEER)
City Engineer, Leif Larson, stated that he had been requested to make a report
on this matter and a written report was provided the Mayor and Council. He said
that now the people should be allowed to petition; and then in handling that
petition, it should be referred to the Planning Commission. Mr. Weinmann is
the prospective petitioner. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN
GELLERT THAT THE ENGINEER CAN PROCEED IN THIS MATTER. MOTION CARRIED.
Mayor Harrison stated that Rep. Gary Nelson has introduced a bill in the State
Legislature which will allow code cities under a manager form of government to
elect separately a Mayor on the ballot. Rep. Nelson had surveyed cities _
under the Optional Municipal Code as to whether or not they favordd this.
MOTION: COUNCILWOMAN SHIPPEN MOVED,'SECONDED BY COUNCILMAN ANDERSON THAT THE ASSOCIATION
OF WASHINGTON CITIES BE ADVISED THAT EDMONDS APPROVES OF THIS AS AN ALTERNATIVE
TO PRESENT METHOD OF SELECTING MAYOR UNDER CITY MANAGER FORM OF GOVERNMENT.
AMEND: COUNCILMAN GELLERT THEN AMENDED THE MOTION TO CHANGE THE REFERENCE TO COUNCIL
CHAIRMAN TO THE WORD MAYOR. COUNCILMAN CLEMENT SECONDED. UPON CALL FOR THE
QUESTION, THE AMENDMENT CARRIED AND THE MAIN MOTION AS AMENDED ALSO CARRIED.
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MOTION:
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MOTION:
Mr. Al Bowes, 1031 - 12th Avenue North, was in the audience and asked if
something could be done to get the garbage companies to start their work
day no earlier than 7:00 A.M., so that residents will not be disturbed at
an earlier hour. The City Attorney stated that he was not aware of whether
or not the city has jurisdiction in this matter. COUNCILMAN ANDERSON MOVED,
SECONDED BY COUNCILMAN CLEMENT TO INSTRUCT THE ATTORNEY TO PREPARE A MEMO
TO THE COUNCIL TELLING THEM WHAT THEY CAN AND CANNOT DO AS FAR AS GARBAGE
COLLECTION STARTING TIME. MOTION CARRIED.
There being no further business, the meeting adjourned at 10:30 P. M.
IRENE VARNEY MORAN, ity Clerk
February 4, 1975
ROLL CALL
H. H. HARRISON, Mayor
The regular meeting of the Edmonds City Council was called to order by Mayor
Harve Harrison at 7:30 P. M. in the Council Chambers at the Edmonds Civic
Center, with all council members present, except Gellert.
APPROVAL OF MINUTES
The minutes of the meeting of January 28th had been posted, mailed and distributed;
and with no Emissions, nor corrections, they were approved as written.
COUNCIL PARTICIPATION
Councilman Nordquist said that he would like to have a discussion regarding
evaluation of certain exempt positions for salary increases and set some
guidelines for next year. It was decided to place this on the agenda for
the 18th of February.
HEARING: ON PLANNING COMMISSION RESOLUTION #463 - GENERAL 'FENCE REQUIREMENTS
City Planner, Joe Wallis, stated.that this was brought before the Planning
Commission at the request of the staff. Hearings were held in October, November
and December. He stated that P. C. Res #463 incorporates the Planning Commission
resolutions. He stated that the ordinance before the council incorporates these
recommendations, except for some minor changes in language. Mr. Wallis
recommended adoption of the proposed ordinance. He read the requirements directly
from the proposed ordinance. Councilman Nordquist asked if this now meant that
you could construct a fence up to six feet in height in the front of the house.
Mr. Wallis said that this can bedone, if it does not constitute a hazard to,
adjoining properties or public right-of-way. Mayor'Harrison commented that he
thought this adds to the character of the town and improves properties to be
able to enclose them and create some privacy. It was mentioned that there were
three "no" votes on this matter during the Planning Commission hearing. Tom
Carns, a member of -the Commission, was present in the audience and explained
that the basis for the negative vote was that they thought a 61" fence should be
allowed without a review process. Councilman Nordquist asked what would happen
if you have a corner property and want to enclose the rear yard with a solid
fence. Mr. Wallis said that there would be a review for the intersection
situation and the driveway condition, but he was sure there would be no hazardous
situation created. Mayor Harrison then opened the hearing, however no one
wished to speak and the hearing was closed. COUNCILMAN NORDQUIST THEN MOVED,
SECONDED BY COUNCILMAN ANDERSON TO PASS ORDINANCE 41760. MOTION CARRIED WITH
COUNCILMAN WELLING VOTING AGAINST.
FINAL PLAT - ELM VIEW ADDITION, DIVISION "C"
City Engineer, Leif Larson, reported on this item, stating that it was originally
submitted on the basis of division. He presented maps to the Mayor and council
and placed one ot! the bulletin board. He pointed out the location of Divisions
A, B and C. He said that it conforms to the original plat proposal and that
they put up a guarantee for the completion of the unpaved portion of the street.
Mr. Larson said that they have done the utilities and conformed to the engineering
requirements. City Planner, Joe Wallis, reported that he had reviewed the
minutes of the Planning Commission and the City Council on the preliminary
reviews, and they have met the conditions established (there were tree cutting
restrictions). Mr. Wallis said that there is a question about access to Lot 12,
however there is an interim access provided on Lot 11 and there is still adequate
area in Lot 11 with that access available. Councilman Nordquist asked who
the developer is and Mr. Larson replied that it is Tom Belt.
COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON-THAT BASED UPON
THE RECOMMENDATION OF THE CITY PLANNER AND THE REQUIREMENTS OF THE CITY'ENGINEER,
HE WOULD APPROVE THE FINAL PLAT OF ELM VIEW ADDITION, DIVISION "C". MOTION CARRIED.
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