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19750304 City Council Minutes242 0 that on denials from the Planning Commission, that no council action is required. The City Attorney explained that it had been the policy to place an item such as this on the agenda so that the council has the opportunity to set for hearing MOTION: if they wish,,or simply to uphold the denial. COUNCILMAN NORDQUIST THEN MOVED, SECONDED BY COUNCILMAN GELLERT TO UPHOLD THE FINDINGS OF THE PLANNING COMMISSION ON #465. MOTION CARRIED. PRESENTATION OF P. C. RES. #464, RECOMMENDING DENIAL OF REZONE FROM RS-6 TO RMH, PROPERTY ON PINE BETWEEN 5TH & 6TH MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN GELLERT TO UPHOLD THE FINDINGS OF THEc'.PLANNING COMMISSION ON #464. MOTION CARRIED. AMENDMENT TO CABARET ORDINANCE Police Chief, Marjo Foster, recommended passage of this ordinance. He said it has three basic sections, one which has to do with the issuance of the license; the second has to do with elimination of the police officer being on duty and MOTION: the third item being the revocation procedure. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN GELLERT TO PASS ORDINANCE 41762, AMENDING CHAPTER 4.48 OF THE EDMONDS CITY CODE. MOTION CARRIED. SECOND READING: PROPOSED ORDINANCE CHANGING MEETING DATES MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN SHIPPEN TO PASS ORDINANCE #1763 CHANGING THE MEETING DATES FOR THE PLANNING COMMISSION AND THE AMENITIES DESIGN BOARD. MOTION CARRIED. SECOND READING: PROPOSED ORDINANCE REDUCING SPEED LIMIT ON PORTIONS OF HWY 99 • MOTION: COUNCILMAN NORDQUIST MOVED., SECONDED BY COUNCILMAN ANDERSON TO PASS ORDINANCE #1764, AMENDING A SCHEDULE CONTAINED IN SEC. 8.16.@40 TO DECREASE THE MAXIMUM SPEED LIMIT PERMITTED UNDER STATE LAW ON PORTIONS OF U. S. HIGHWAY 99 TO 45 MILES PER HOUR AT ALL TIMES. MOTION CARRIED. CLAIMS FOR DAMAGES Council acknowledged receipt of a Claim &or Damages from Keith A. Elder and John M. Walsh. These were referred to the City Clerk for processing. There being no further business to come before council, the meeting was adjourned at 8:50 P. M. They then proceeded to the Mayor's Office for an executive sessi4q.-- IRENE VARNEY MORANe City Clerk March 4, 1975 RnT,T, CAT,T. H. H. HARRISON, Mayor The regular meeting of the Edmonds City Coumi.l was called to order by Mayor Protem, Max Gellert, at 7:30 P.M. in the Council Chambers at the Edmonds Civic Center, will all council members present. Mayor Harrison was attending a legislative meeting in Olympia. . APPROVAL OF MINUTES The minutes of the meeting of February 25th had been posted, mailed and distributed. Mayor Protem Gellert noted that on page 3, under the Sound Disposal matter, he did not case a '"no" vote. The minutes were then approved as corrected. COUNCIL PARTICIPATION Councilwoman Shippen stated that we are now on record regarding our wish to remove SR 524 from the State Highway System. She said we should be prepared, whether it is removed or not, to proceed with plans for that street. COUNCILWOMAN MOTION: SHIPPEN THEN MOVED TO INSTRUCT THE CITY STAFF I.E. THE PLANNER, ENGINEER AND PUBLIC WORKS DIRECTOR, TO PREPARE A COMPLETE STREET DESIGN FOR SR524 FROM 81ST TO MAIN INCLUDING RECOMMENDED CURB TO CURB WIDTHS, NUMBER OF LANES, LOCATION OF BUS TURNOUTS, SIGNING11> LANDSCAPING AND CONSTRUCTION COSTS. THE DESIGN IS TO BE GUIDED BY 1) THE ASSUMPTION THAT THE STREET IS PRIMARiILY A NEIGHBORBOOD COLLECTOR AND 2) THE SUGGESTIONS OF THE RESIDENTS WHO PARTICIPATED IN THE COMMUNITY SURVEY AND HEARINGS, AND 3) THE STRONG POSSIBILITY THAT THE CITY WILL BE FINANCING THE COSTS. Discussion followed. Councilman Welling asked what our present status is with regard to the design work. City Engineer, Leif Larson, replied that regarding the section from 81st to 88th, the state Highway Department has written a letter which indicates that they will proceed with the project based upon them financing the construction.and the City of Edmonds financing the design. Mr. Larson said that if we are going to proceed with the design, he would suggest it be on the basis of the staff designinig it with alternates for choice, rather thankeing limited to a specific design, becau-ae there are 0 n LJ 243 going to be varying needs depending upon the section of the route. Following further discussion, the MOTION WAS VOTED UPON :AND CARRIED UNANIMOUSLY. Councilwoman Shippen then presented a time schedule for presentation of design MOTION• and construction costs to the council. COUNCILMAN ANDERSON MADE THE MOTION, WHICH WAS SECONDED BY COUNCILMAN CLEMENT THAT WE ASK FOR A REPORT FROM TIE CITY 'STAFF BY APRIL FIRST ON THE SECTION FROM 81ST TO 88TH: ON APRIL 22ND FOR THE SECTION FROM 12TH TO MAIN AND THE SECTION BETWEEN 88TH AND 12TH BE HELD IN ABEYANCE PENDING ENGINEER LARSON'S PRESENTATION OF A TIME SCHEDULE NEXT WEEK. MOTION CARRIED UNANIMOUSLY. Councilwoman Bruns asked if it is really possible to change your vote once it has been recorded. 'The City Attorney answered that Councilman Nordquist's statement last week was merely a public expression that he would now have voted differently on the particular issue. ' Councilwoman Bruns said that she was still confused as to the procedure with respect to hearings on rezones. The City Attorney expl&ined that the council can either set a hearing to see whether or notthey will overturn the Planning Commission's designation, or decline to do so and uphold by not setting a hearing. Councilman Gellert -and Clement noted that they would be adsent from the council meeting the night of the 18th of March. Councilman Anderson mentioned that we have had some correspondence regarding an obstruction of a drainage channel adjacent to Jonathan's Storage. The City Attorney said it appears to be a natural drainage course and the city has the right to channelize waters into it. • Councilman Welling stated that this Fall we will be electing substantially a new council with five positions being up for election, along with the Mayor. He said that if any kind of program looking towards a full-time Mayor, changing council functions, or pay increases for'the new council members, etc. - he thought this would be a good time to start working on this. He suggested that this be placed on the extended agendas for discussion some time the end of March. Councilman Clement suggested establishing a committee of the whole to establish recommendations, as he feels it does not relate just to council -Mayor relationships full time and part time questions, but to the whole organization of the city staff. Mayor Protem Gellert noted that we have a Sth Tuesday in the month of April, which constitutes an extra work meeting for this month. He suggested that this matter be discussed at that meeting. COUNCILMAN WELLING MOTION: MOVED, SECONDED BY COUNCILMAN ANDERSON TO SET APRIL 29TH AS A ONE SUBJECT MEETING TO DISCUSS THE POSSIBLE RE -ORGANIZATION OF CITY GOVERNMENT, INCLUDING FULL-TIME MAYOR, PART-TIME MAYOR CONCERT; CHANGES IN WAGES FOR THE CITY COUNCIL AND ANY OTHER MATTER THAT MAY BE DEEMED TO BE APPROPRIATE. AMENDMENT: COUNCILWOMAN SHIPPEN MOVED TO AMEND TO STATE THAT RE -STRUCTURING OF CITY GOVERN- MENT IS SPECIFICALLY ONE OF THE ITEMS TO BE DISCUSSED, AS WELL AS PART-TIME VS. FULL-TIME MAYOR AND CITY SALARIES. COUNCILMAN CLEMENT SECONDED. THE AMENDMENT WAS VOTED UPON AND CARRIED UNANIMOUSLY. THE MAIN MOTION ALSO CARRIED. Mayor Protem Gellert stated that a letter had been received from Marianne Gipson, Chairman of the Edmonds Beautification Committee asking that the council rescind the action taken on November 12, 1974 relating to the proposed Street Tree Standards. That action was that the Street Tree Ordinance be reviewed by the Amenities Design Board. Mrs. Gipson said that the Committee asked that the proposal be tabled in order that it receive thorough study by their Committee. City Planner, Joe Wallis, said that the Amenities Design • Board has not met with the Beautification Committee. He said that this is on the agenda for the 17th of March (for the Amenities Design Board). Mr. Rod Garretson, Director of Parks and Recreation, will make the presentation as he originated the document. Councilwoman Shippen asked if the staff will be able to "clean up" all the elements that they don't like. Mr. Wallis replied that he will not be able to do so. M.A,A. Ron Whaley reviewed the sequence of events that have taken place up to this -point. Mr. Whaley said that he and members of the staff would like to meet with some members of the Beautification Committee and discuss what they think may be some problems in the document in its present form, and perhaps modify it before the Amenities Design Board. Mr. Whaley said the next Monday, at�2:00 P.M., the staff and the Beautification Committee will get together to discuss this; and,then it will go to the Amenities Design Board on the 17th. Mr. Whaley said that he would report back to the council next week. Mr. Garretson will notify -the members of the Beautification Committee. about the meeting on Monday. City Engineer, Leif Larson, said -that he had been advised by the City Attorney that there will be a Boundary Review Board involving Olympic View Water District serving the Town of Woodway. Mr. Larson said that he had heard unofficially that they do not intend to serve the entire -Town of Woodway, but will leave a section on the north end which is called Union Oil Hill and the Bullock Property. Mr. Larson said that if they are anneiing to the Olympic View Water District, it should be the entire town of Woodway and not leave an island that they expect the City of Edmonds to serve. Mr. Larson said that whoever attends the Boundary Review Board should.raise the question, that if they annex Olympic View Water District, it should be to the entire town of Woodway. COUNCILMAN ANDERSON MOVED, 0 244 • MOTION: SECONDED BY COUNCILWOMAN BRUNS THAT THE CITY GO ON RECORD BEFORE THE BOUNDARY REVIEW BOARD THAT IF THE OLY,MPIC VIEW WATER DISTRICT BE PERMITTED TO TAKE OVER THE WATER SYSTEM OF THE TOWN OF WOODWAY, THAT THEY BE IEQUIRED TO TAKE OVER THE ENTIRE TOWN OF WOODWAY, OR THAT THEY RESOLVE HOW THE UNINCORPORATED AREA WILL BE SERVED AS FAR AS WATER SERVICE IS CONCERNED. THE MOTION CARRIED, WITH COUNCILMAN WELLING VOTING AGAINST. Mayor Protem Gellert read a letter which had been rec(hived from Senator Susan Gould with regard to the removal of SR 524 from the State Highway System. She said that any action of this kind would need the concurrence of the City of Lynnwood. Another concern was that the citizen response to a questionnaire sent out to the district by Representative Gary Nelson, indicated that the greatest local need was for the improvement of 196th. For these reasons, she felt she could not propose an amendment to the Highway Route bills deleting SR 524. M.A.A. Ron Whaley reported on the sequence of events with regard to designating a recipient for mass transportation funds. The matter was discussed by the Puget Sound Governmental Conference last Friday, but no action was taken. They were of the opinion that the elected officials should name a recipient. Mr. Whale said that he had received a letter from the Commissioners asking us to give our suggestion as to a designee. Councilman Welling thought that we had decided on King County Metro as our bus transportation is oriented to Seattle. Following MOTION: discussion, COUNCILWOMAN BRUNS MOVED, SECONDED BY COUNCILMAN CLEMENT TO WRITE A LETTER TO THE COMMISSIONERS SUGGESTING THAT SNO-TRAN BE THE DESIGNEE. ;.MOTION CARRIED WITH COUNCILMAN WELLING VOTING "NO". AUDIENCE PARTICIPATION Capt. Shields asked what happens with 196th if there is no legislation in Olympia. • Mayor Pretem Gellert answered that it remains as a State Highway, and the funding is dependent partly upon the City of Edmonds and -partly on the State Highway Department. CORRESPONDENCE The Deputy City Clerk read a petition that had been directed to the City Engineer asking that the trees be removed on City property bordered by 8th Avenue South and Elm Street. The petitioners claimed that they are causing a decline in their property values by blocking the salt water view, and that each year they harbor caterpillars which then invade their trees and shrubs. Mayor Protem Gellert instructed the staff to look into this and report back next week. One of the petitioners spoke from the audience, explaining their views on the matter. He and other neighbors were asked to return next week when the report is presented. HEARING; ON PROPOSED GAMBLING ORDINANCE The Mayor Protem stated that a committee had been formed to study the gambling in the City of Edmonds. The committee consisted of Councilwoman Bruns, Councilman Clement, Police Chief Foster, George Paige and Barbara Sanborn, Police Chief Foster briefly reviewed the circumstances which have brought us to this hearing tonight. The Police Chief said that the Committee did not encourage any further types of gambling, and they used the model ordinance that the State Gambling Commission had provided. They filled in the blanks with their recommendations as to percentage of tax to be levied on the gambling. They were quite concerned about card rooms, and wanted to be sure they remained as a trade stimulant as opposed to being a business of some kind. They limited the amount of card tables to two per establishment. The hearing was then opened. 1 • Mrs. Laura Hall spoke in opposition to the ordinance, and said that many of the gamblers are our young people. She said there will not be enough revenue coming in to make it worth it, anyway. Mary Holberg asked how it is controlled, Chief Foster stated that the State licensing authority has set up its own inspection division. Tom Carns stated that gambling has been around for a long time, and by taxing it, as this ordinance proposes, it would generate some revenue for the City. Chris Bennett spoke in opposition to having gambling in this community, and objected to the City deriving revenue -from this source. Mr. Ed Colby asked if this is for taxing. Chief Foster said it is, and does not allow anything that is not now being operated in Edmonds. Councilman Welling asked if it would be possible for ma and pa grocery stores to have punchboards and pulltabs. It was pointed out that they are not allowed to be where minors can use them. Chet Bennett said that he has read the ordinance, and said that it pre -supposes that there will be income; and he thinks we should not be encouraging gambling anyway. George Paige, owner of the Sail -In Taxern, said they have had gambling for 20 years and it has never created a problem. Mrs. Paige concurred. Mrs. Holberg said that there should be a vote of the people to see if gambling is wanted in the city. The hearing was then closed. MOTION: Following some discussion, COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILWOMAN SHIPPEN TO POSTPONE THIS GAMBLING ORDINANCE TO MARCH 25TH TO BE RE_ -HEARD, PARTICULARLY IN REGARD TO THE DESIRABILITY OF GAMBLING IN THE CITY OF EDMONDS. Councilman Anderson said that the reason for the motion,is that he thought perhaps the gambling issue has not been adequately heard, and the three weeks will allow people to accumulate their thought on the issue. MOTION CARRIED, WITH COUNCILMAN CLEMENT VOTING AGAINST. , 0 2 4 .5' PROGRESS REPORT RE/COMMUNITY ANALYSIS OF JUNIOR HIGH PROPERTY is F1 • '1 1 M.A.A. Ron Whaley review.ed.a written report that had been present to the Mayor and Council on this matter. He said they have found that there are several .groups in Southwest Snohomish County that are interested in the facility, provided it was remodeled. One group is the Edmonds Community College. A group of citizens have gathered together for the purpose of promoting, a performing arts complex. This group, known as PACC, is interested in the City obtaining and remodeling the Junior High. Mr. Whaley said that he has contacted several organizations regarding financing,the project, but so far the outlook is discourgging. Mr. Whaley said everyone has indicated that this should be converted into a community facility, and recommended that further study be undertaken by a group that would represent the Southwest Snohomish County Area. Edmonds Community College is one such organization, and Mr. Whaley thought perhaps they could take a leadership role in putting this project together. There was council discussion and they asked Mr. Whaley to contact other cities to see if they are interested in the project. Councilwoman Shippen stated that Housing and Community Development funds can be used for community facilities. She said they should be advised that we have this facility and see if they are interested in a joint approach. Mr. Whaley is to report back to the council by June 3, 1975. APPROVAL OF FINAL PLAT - HALO HOLLOW - P-8-66 City Planner, Joe Wallis, reviewed this plat, which he said has been in approval status for some time, awaiting resolution of a drainage problem. This has now been taken care of. He projected a sketch of the plat on the screen. City Engineer, Leif Larson,, stated that the drainage system is there ready for the MOTION: owners to connect to. He and the City Planner recommended approval. COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN NORDQUIST TO APPROVE THE FINAL PLAT OF HALO HOLLOW AS RECOMMENDED BY THE ENGINEER AND PLANNER. MOTION CARRIED UNANIMOUSLY. APPROVAL OF FINAL PLAT - SHADOWOOD #5 - PRIDEAUX CONSTRUCTION P-8-74 Mr. Wallis reported that the Engineer has informed him that proper documentation of the insurance has not been received, and recommended that this be continued MOTION: to a later date. COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN NORDQUIST TO CONTINUE THIS ITEM TO A LATER TIME. MOTION CARRIED. REPORT ON BIDS - 8TH AND ALOHA PROPERTY City Engineer, Leif Larson, reported that bids were opened on February 28 at 2 P.M. Two bids were recieved. One from Mr. Ralph Pagano in the amount of $9,050, based upon the property being a legal residential lot. The United Methodist Church submitted a bid in the amount of $7,750. Mr. Larson said that the lot was advertised on the basis of being a buildable lot. He recommended award to the high bidder. There was general discussion regarding the buildability. MOTION: of the lot. COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN CLEMENT TO ACCEPT THE OFFER OF MR. PAGANO IN THE AMOUNT OF $91050 FOR THE LOT AT 8TH AND ALOHA RECOGNIZING HIS REQUIREMENT THAT IT BECOME A LEGAL RESIDENTIAL LOT; AND THAT THE CITY APPEAR BEFORE THE BOARD OF ADJUSTMENT ADVOCATING THE GRANTING - OF A VARIANCE AND, FURTHER, THAT THE CITY WAIVE THE FEES. MOTION CARRIED. REPORT ON BIDS FOR WATER SERVICE LINE MATERIALS The Engineer reported that bids were opened on Monday, the 3rd of March at 2:00 P.M. for the water. service line materials. There were as follows: P.&cific Water Crane Supply Unit Works Company A $ 4,468.75 $ 57790.30 B 16,351.44 15,166.40 C 4,970.10 107033.79 D 69424.54 5,752.84 ITT Grinell -$ 49488.00 15,844.27 3.285.66 59894.05 Western H.D. Utilities Fowler $ 49630.20 177064.19 4,481.70 6,410.86 $ 49533.75 159989.82 39339.50 MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN'A NDERSON TO -AWARD UNIT;: A TO PACIFIC WATER WORKS ($4,468.75); UNIT`_ B TO CRANE SUPPLY ($15,166:40); UNIT.i: C TO ITT GRINELL ($3,285.66) AND UNIT D TO CRANE SUPPLY ($5,752.84), SUBJECT, IN ADDITION, TO SALES TAX. MOTION CARRIED WITH COUNCILMANGELLING ABSTAINING, BECAUSE OF A CONFLICT OF INTEREST. RESOLUTION DESIGNATING 4104 AS TRUCK ROUTE & PROHIBITING THRU TRUCKS ON #524 MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN CLEMENT TO ADOPT RESOLUTION 4324, DESIGNATING #104 AS A TRUCK ROUTE AND PROHIBITING THRU TRUCKS ON #524. MOTION CARRIED. PRESENTATION OF MEMO FROM CITY ENGINEER RE/PROPOSED ANNEXATION OF COUNTY R/W'S. MOTION: The City Engineer reported on this matter, and following discussion, COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN W;LLING TO SUBMIT ALL ITEMS TO THE BOUNDARY REVIEW BOARD FOR CONSIDERATION, EXCEPT THE INTERCHANGE AT THE COUNTY LINE (205TH). MOTION CARRIED. 0 9A6 • DISCUSSION ON ESTABLISHMENT OF E DMONDS ARTS COMMISSION Councilwoman Shippen said that she has had no adverse comments from anyone with regard to the establishment of an Arts Commission. The City Attorney explained that this can be accomplished by ordinance, which must address the makeup of the Commission and how they are to perform. Councilman Clement said that it should be so constructed that they can take advantage of available funds. COUNCILWOMAN MOTION: SHIPPEN THEN MOVED THAT WE ESTABLISH AN EDMONDS ARTS COMMISSION WITH SEVEN MEMBERS SERVING FOUR YEAR TERMS; AND THAT THEY BE APPOINTED BY THE MAYOR, SUBJECT TO CONFIRMATION BY THE COUNCIL; AND THAT FOUR OUT OF THE SEVEN REPRESENT THE VISUAL OR PERFORMING ARTS IN THIS COMMUNITY. COUNCILMAN ANDERSON SECONDED, THE MOTION CARRIED UNANIMOUSLY. DISCUSSION ON CERTAIN EXEMPT SALARY EVALUATIONS Councilman Nordquist stated that every December the council must approve the salaries of certain staff positions. He said he.would like some method devised so that this can be accomplished in some orderly manner.- There was general discussion. Mr. Whaley said that he would like to see concurrence with regard to the method, form and who will be involved in the review procedure. COUNCILMAN CLEMENT THEN MOVED, SECONDED BY COUNCILMAN NORDQUIST THAT MR. WHALEY AND COUNCILMAN NORDQUIST REPORT BACK TO THE COUNCIL ON PERFORMANCE REVIEW PROCEDURE BY MAY 13TH. MOTION CARRIED UNANIMOUSLY. There being no further business to come before council, the meeting adjuourned at 11:05 P.M. e IRENE VARNEY MORA , City Clerk H. H. HARRISON, Mayor MARCH 11, 1975 ROLL CALL The regular work 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 The minutes of the meeting of February 25th ittad been posted, mailed and distributed and with no omissions, nor corrections, were approved as written. SHIELD CLUB Mayor Harrison welcomed twelve members of the Edmonds Junior High School Shield Club to the meeting. Mike Cantu, acting as spokesman for the group, stated that they were present to observe government in action. Kenneth Estes, Edmonds Senior Patrol Officer, is the group's advisor, and was also present. COUNCIL PARTICIPATION Councilman Anderson inquired about two sets of stakes that he had observed on 220th. He said that one set of stakes falls about six feet from some of the • houses. City Attorney, John Wallace, stated that the only actual fee title was acquired down by the intersection of 220th and Highway 99, and everything else is probably slope stakes for slope easements. Councilman Anderson asked if the Recreation Supervisor vacancy will be filled. Mayor Harrison explained that the position will be filled under the CETA program. There was a brief discussion as to whether CETA funds could be used for a position that has been budgeted. Councilwoman Shippen asked if the Mayor has appointed an Affirmative Action Committee yet. Mayor Harrison said that it was his understanding that this would be a review committee, and would be appointed when authority has been given to do so.. Councilman Gellert asked who was on the committee to withdraw.from Social Security. He said that he would like to see a broad representation from the city on this committee. Officer Estes said that a committee has been formed, and would have its first meeting on Thursday morning. He will provide the names of the members for the council. Councilman Gellert asked about two items on the January 31 Warrant Register. Chief Cooper explained that one of the amounts was for the remodeling of the Mayor's Office, which was budgeted last year. The other item was a card sorter• for the computer system. Mr. Whaley stated that it saves the city approximately $150.00 per month. Mayor Harrison read a letter frm Verna Shaw stating that she had attended several Council Meetings lately, and the smoke was very thick in the room and quite unpleasant. She suggested that either a recess be called for persons who wish to smoke, or to limit smoking to the lobb�r only. She also suggested lower water rates. •