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19760817 City Council Minutes475 • agreement, and the Planning Department was requesting Council authorization for the Mayor to sign_ the contract agreement between the City of Edmonds and the Department of Ecology. A MOTION WAS MADE MOTION: BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS, THAT THE CITY COUNCIL AUTHORIZE THE MAYOR TO SIGN THE COASTAL ZONE MANAGEMENT FUNDING CONTRACT WITH THE DEPARTMENT OF ECOLOGY. MOTION CARRIED. There was no further business to come before the Council, and the meeting was adjourned at 8:20 p.m. August 17, 1976 IRENE'VARNEY.MORAIV City Clerk H. H. HARRISON, Mayor ROLL CALL • The regular meeting of the Edmonds City Council was called to order at 7:35 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center with all Councilmen present except Councilmen Ander- son, Clement and Nordquist, who had advised they would be absent. All present joined in the flag salute. CONSENT AGENDA MOTION: A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CARNS, TO REMOVE ITEM 0)(4) FROM THE CONSENT AGENDA (PROPOSED ORDINANCE STATING VACATION TIME AND HOLIDAYS). MOTION CARRIED. MOTION: A MOTION WAS THEN MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN HERB, TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM (D)(4). MOTION CARRIED. The Consent Agenda, as approved, included the following items: (A) Approval of minutes of August 10, 1976. (B) Set date of September 7, 1976 for hearing of preliminary plat "Birch Addition". (C) Acceptance of completed construction of Phase IV, Schedule E, Water Mains & Appurtenances, • by R. L. Alia Co., for minute entry to begin lien period. (D) Passage of Ordinances: (1) Ordinance #1859, Establishing Section in City Code re Municipal Court. (2) Ordinance-#1860, relating to Disposition and Use of Lost, Stolen or Abandoned Property. (3) Ordinance #1861, Amending Home Occupation and Accessory Structure Requirements in Sec. 12.13.040. (E) Set date of September 7, 1976 for hearing of P.C. Resolution 519, to amend Official Street Map to add 77th P1. W., south of 218th S.W. Councilman Gould said it had been his understanding that if any one Councilman desired discussion of an item on the Consent Agenda it would be removed on his request, and that a motion was not required. City Attorney John Wallace advised that the Council could set any guidelines they desired for use of the MOTION: Consent Agenda. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CARNS, THAT A DIS- CUSSION OF THE USE OF THE CONSENT AGENDA BE SET FOR THE SEPTEMBER 14 MEETING. MOTION CARRIED. Council- man Gellert requested that the City Clerk redistribute that material previously distributed regarding the Consent Agenda. PROPOSED ORDINANCE STATING VACATION TIME AND HOLIDAYS (STAFF TO PROVIDE IMPACT) This had been item (D)(4) on the Consent Agenda and was removed for discussion. Councilman Gellert noted that it had been very short when first submitted and now had evolved into a two -page ordinance. City Attorney John Wallace explained that Section 1 brings the City into compliance with State legis- lation. He said the State took away the option not to recognize any of the State holidays, and every city in the State must observe these holidays. He said the only thing new in a fixed holiday is the • floating holiday. Councilman Gellert asked the Finance Director if this would be going beyond any MOTION: union contracts, to which the answer was no. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN GOULD, THAT ORDINANCE #1862, STATING VACATION TIME AND HOLIDAYS, BE ADOPTED. MOTION CARRIED. Councilman Gould advised he would not be present for the meetings of August 31, September 14, Septem- ber 21, and September 28. Councilman Gould said he had attended a meeting the previous evening at the Junior High School of a group of people interested in a gymnastics program. He said they were concerned as to what facilities they would use if the Junior High School is sold. Another major concern was the amount of insurance the City requires. He said they are required to have $1,000,000 in insurance, which costs about $1,700 per year. They wondered if the City couldn't lower that level of insurance. He said Al Carter, who gave a presentation before the Council some time ago, runs the program and is on the Junior High School Building Task Force. Councilman Gould said he had told these people that the City is losing $2,000 per month on.the building, but that he thought the first step is to let the other people in the City know that if and when the School Board places a proposition on the ballot to sell the Junior High School, which they must do before selling it, that is when the people must speak up and say they don't want it sold --that they have paid for it and want to keep it. He said he had encouraged them to work with the Task Force, the School Board, and the City to see if they can't come up with ways to con- tinue having the use of that excellent facility. He said it also should be considered that, in light of the two levy failures, the physical education programs are likely not to be at the junior high level, and people might want to take their children to a place where they have opportunities for such things as gymnastics, etc. Councilman Gellert noted that there had been an extensive article about the Junior High School in Sunday's Seattle Times. He said he didn't know if it would do any good, but the Seattle papers are cognizant of it. Councilman Carns said he had been to the recent Planning Commission meeting where there was a discus- sion regarding zoning of the Junior High School and Elementary School properties, and the Planning Commission's recommendation will be coming to the City Council shortly. He suggested the properties could be zoned open space so they could not be used for anything else and, even if the School Board were allowed to sell them, property zoned Open Space may not go for an amount nearly as high as if it • were zoned otherwise. There was a question as to the propriety of such a rezone, and Mr. Wallace said 476 there had been a lawsuit some years ago contesting that particular designation. The judge overturned • the zoning as being an unreasonable designation and, since that time, some additional uses have been added to that category. He said there is no such zone as "Park." Neither is there a zoning classifi- cation of "Public Use." Everything already in public ownership is designated Public Use, but no such category exists. He said the Council could create that category and outline specific uses. It was suggested this would be a good topic to discuss at the upcoming dinner meeting with the School Board. Mayor Harrison announced that the date of that dinner had been postponed to September 9, at 6:30 P.M. at the Meatmarket Restaurant in Lynnwood. That.date was agreeable to. -the Council. Councilman Gellert said he would be attending the Open Space Taxation Act meeting on August 30, and he asked if it would be proper to acquaint himself with the property. Mr. Wallace said it would be proper, as far as the physical location of the property, but anything more than a viewing of the site was not advisable. AUDIENCE PARTICIPATION Mr. J. H. Whiteleather of 21727 76th W— said two weeks had passed since the Council took action to re- store.the parking on 76th W. and nothing had been done as yet. It was explained that an ordinance was to be drafted and a channelization plan prepared for the traffic on 76th W., and that both were sched- uled for presentation at the September 7 meeting. The question arose as to the possibility of that ordinance not being adopted and Mr. Wallace said there was that possibility, as a vote must be taken. Members of the audience who were residents of 76th W. were taken aback at that and voiced their dissat- isfaction. One gentleman reiterated a point which was brought up in the public hearing on this matter, in that the residents were unaware when the ordinancd was passed to remove parking from 76th W. There was some discussion as to finding ways to better inform the public when such changes were under consid- eration. Mr. Larson thought there might be some changes made as to when to post and publish. Council- man Gould thought there would be merit in publishing the weekly Council Agenda, costly as it would be. This topic had been discussed at length recently and will be addressed again when the budget is prepared. The question arose as to'why the Planning Commission wasn't involved prior to Council involvement, as • that would have included posting. Mr. Wallace said that as far as the placing of traffic and parking restrictions, that is not within the purview of the Planning Commission review unless the Council wanted to send it to them. Councilman Herb summarized the present situation, saying the people are afraid the decision will be changed. He said he thought the Council should approve the ordinance since, for all practical purposes, they had -made a decision, and they should follow through with it. Bob Bolz of 22005 76th W. said he agreed, but it won't necessarily be done. He asked if there was any recourse except through the courts, if it should be turned down at the September 7 meeting, and whether it would be appropriate for the concerned residents to bring an attorney to that meeting. Mr. Wallace replied that there is no other appeal and that it was their prerogative to have an attorney ifcthey desired. He pointed out that anything less than four votes will not pass an ordinance. Mr. Whiteleather thanked the Mayor, Council, and City Engineer for taking the time to explain the status of this subject. A MOTION: MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GELLERT, THAT THE SUBJECT OF POSTING TRAFFIC CHANGES BE DISCUSSED AT THE SEPTEMBER 14 MEETING. MOTION CARRIED. CORRESPONDENCE Mayor Harrison said a letter from Frank Lorenz had been received regarding a rate increase for the Western Vision Care insurance coverage and M.A.A. Gilbo had responded per his memorandum, copies of the letter and memorandum having been distributed to the Council. Mayor Harrison said M.A.A. Gilbo had acted in order to preserve the union contracts and he noted there is a 30 day escape clause. He sug- gested that the Council should, at this time, act to provide the additional $1,300 needed to finance the program for the rest of the year. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN MOTION: CARNS, THAT THE CITY ATTORNEY BE AUTHORIZED TO PREPARE A RESOLUTION TO TRANSFER THE NECESSARY FUNDS FROM THE CONTINGENCY FUND, IF FUNDS CANNOT BE FOUND IN THE EXISTING DEPARTMENT FUNDS, AND, ALSO, THAT THE MAYOR.AND THE CITY STAFF BE AUTHORIZED TO ENTER INTO NEGOTIATION FOR NEXT YEAR'S BUDGET TO LOOK INTO MORE ECONOMICAL METHODS OF PLACING THIS INSURANCE. M.A.A. Gilbo advised that this is presently funded separately under each department budget under personnel benefits. MOTION CARRIED. HEARING ON ANNEXATION OF PORTION OF 68TH AVE. W (WAIVED BY BOUNDARY REVIEW BOARD • City Engineer Leif Larson had advised by memorandum that the Boundary Review Board had waived juris- disction of the proposed annexation, and he had previously given the background on reasons for the annexation. He recommended that action proceed on the annexation, and he said the City Attorney had an ordinance prepared. The public portion of the hearing was opened, no one wished to speak, and the public portion was closed. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, THAT ORDINANCE MOTION: #1863 BE APPROVED, ANNEXING CERTAIN PORTIONS OF 68TH AVE. W. RIGHT-OF-WAY TO THE CITY OF EDMONDS. MOTION CARRIED. HEARING ON P.C. RESOLUTION 517, AMENDING OFFICIAL STREET MAP TO EXTEND 175TH ST. S.W. TO CONNECT TO THE SOUTH TO 176TH ST. S.W. Assistant City Planner Noelle Charleson said the basis of this action had been a request from Don McQuade who is one of the property owners in the area affected. The Planning Commission had approved this request on July 14. Miss Charleson showed a ficinity map of the area and indicated the zoning is primarily RS-20 with a band of RS-12. Mr. McQuade had stated the proposed street is needed to properly develop the area and he felt this plan would best serve the entire area because it would eliminate piecemeal development which could end up in deadend roads. City Engineer said a 60' right-of-way had been specified. He said this was originally platted in the County and 175th is 60'. Slides were shown of the area. Councilman Gellert noted that a street sign indicates the street to be Sound View Drive, rather than 175th, and that most people think that is what it is. Miss Charleson said the street does follow the contours of t land, and this will bring access to a number of properties to 175th instead of 76th. Mr. McQuade was in the audience and said there are three property owners who own parts of the 10 acre parcel involved. He said it became obvious several years ago that there would have to be a street down there and he had had Reid, Middleton work out a development for the entire area without regard to any one owner. He said this will affect himself and one other owner mostly and it had been discussed with everyone concerned, and everyone, including PUD, seems agreeable to this plan. Councilman Gellert said he was concerned about calling it 175th and asked if the street will be named. It will not be named until it is platted. The public hearing was opened. 9 477 • Mrs. Harry Fenton of 261 4th Ave. S. said a street shouldn't be extended just because ahilEwas in the way. It had been noted that another choice for the placement of the street would create a 12% grade street. She.gave Walnut St. as an example of a steep street but it was explained that 12% would be steeper than Walnut, so she dropped her objection. The public hearing was then closed. The question of dedicating for the street arose and Mr. Larson said at such time as the properties are platted the owners will be asked .to dedicate. He said Mr. McQuade had already indicated his willingness to dedicate. Councilman Gellert suggested.that at the time it is platted the right-of-way could be cut MOTION: down. A MOTION WAS MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN HERB, THAT ORDINANCE #1864 BE APPROVED, PURSUANT TO P.C. RESOLUTION 517, AMENDING THE OFFICIAL STREET MAP TO EXTEND 175th ST. S.W. TO CONNECT TO THE SOUTH TO 176TH ST. S.W. MOTION CARRIED. REPORT ON BIDS FOR CONSTRUCTION OF STORM SEWERS & ASPHALT OVERLAY, 88TH AVE. W., FROM OLYMPIC VIEW DRIVE TO 196TH City Engineer Larson had distributed a memorandum giving the background leading up to the bidding. He said bids were opened July 29 and there were six bids. The project was separated into two parts, Sched- ule I and Schedule II, with Schedule I including the complete project and Schedule II a portion of it. There was also an alternate for each Schedule. Skip Jacobson .Construction Co. was the low bidder for each.schedule and each alternate. Mr. Larson reviewed the financial aspects of this project and said he had coordinated this with the Finance Director and the M.A.A. He said, from an engineering standpoint, it would be most desirable and economical -to complete the entire project at one time, rather than to complete one phase in 1976 and the other in 1977. He recommended award being made to the low bidder of the Schedule I Alternate in the amount of $109,381.68 and that an ordinance be drafted to modify.the 1976 Budget based upon the Alternate selected by the City Council. -He also said he normally prefers concrete pipe, but in this area the run-off is mainly from the rain and he did not feel any danger in MOTION: using aluminum here. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, THAT THE SKIP JACOBSON CONSTRUCTION CO. BE AWARDED THE SCHEDULE I ALTERNATE IN THE AMOUNT OF $109,381.68, EXCLUD- ING SALES TAX, AND THAT THE FINANCING OF THIS PROJECT BE DONE AS THE ENGINEER HAS RECOMMENDED. MOTION • CARRIED. Mr. Larson said they hoped the project could be completed by the end of October. He said he would request the Mayor for authority to have the contractor proceed pending execution of the contract and that the contractor would not get paid until the contract is signed. Councilman Gellert asked if the intersection at Olympic View Drive might be included, and Mr. Larson replied that they will be digging a large manhole there so, as a result of the excavation, they can probably do something there. Councilman Gould asked that the Staff send a memorandum to Ron Lee to let the people know what action was being taken. REPORT AND RECOMMENDATION ON PUD BID FOR 5TH AVE. UNDERGROUNDING City Engineer Larson reported that PUD had readvertised the project and newbids were received August 9, with.John M. King Company submitting the low bid of $104,556.57. The PUD Commissioners on August 10 authorized acceptance of the low bid, providing the City of Edmonds concurs. A revised cost summary was prepared and reviewed by Mr. Larson, indicating $41,339 additional is required to complete the project. If the City is successful in the court action, the total could be $35,150 less. There followed some discussion, with Mayor Harrison pointing out the budget is going to be very tight for next year, and Councilman Carns feeling the City could not afford not to go ahead and complete the project. Councilman Gould said he felt the City is obligated to authorize PUD to go ahead on the low bid. A MOTION WAS:MADE MOTION: BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN HERB, THAT THE CITY COUNCIL ACCEPT THE BID OF JOHN M. KING COMPANY IN THE AMOUNT OF $104,556.57, TO INCLUDE WASHINGTON STATE SALES TAX, AND FINANCING TO BE DONE AS RECOMMENDED BY THE CITY ENGINEER ON THE SUMMARY SHEETS SUBMITTED BY HIM. MOTION CARRIED. There was no further business to come before the Council, and the meeting was adjourned at 9:10 p.m. August„24_,� 1976 IREN VARNEY MORAN, Ofty Clerk H. H. HARRISON, Mayor ROLL CALL . The regular meeting of the Edmonds City Council was called to order at 8:05 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center with all Councilman present. All present joined in the flag salute. CONSENT AGENDA Councilman Carns asked that Item (E), Proposed Ordinance Adopting the Washington Model Traffic Ordi- nance, be removed from the Consent Agenda. City Engineer Leif Larson asked that Item (A), Approval of Minutes of August 17, also be removed. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUN- MOTION: CILMAN NORDQUIST, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. City Engineer Larson asked that the minutes of August 17 be corrected to have the second paragraph on page 4 read as follows: "Mrs. Harry Fenton of 261 4th Ave. S. said a street shouldn't be prevented from being extended just because a hill was in the way. It had been noted that the choice for the placement of the street would create a 12% grade. Then she gave Walnut Street, as an example of a steep street, but it was explained that the undeveloped portion of 176th Street was considerably steeper than Walnut Street, so she dropped her objection. The public hearing was then closed." The minutes were then approved as corrected. With regard to Consent Agenda Item (E), Councilman Carns noted that any changes in the Washington Model Traffic Ordinance will automatically change the City's law, unless the City doesn't want it changed. He asked how the City would know when there is a change. City Attorney Wayne Tanaka replied that the Municipal Research and Service Center periodically submits the changes proposed, and his office subscribes to this service. He also said when the session laws come out his office reviews those to see what is of interest to the City, but the State does not notify each individual city that there will be a change in the law. -City Attorney John Wallace added that because of the length of sessions in recent years, there have been laws going into effect before we get them, and there is a rush to get them into our Code. He said that will be eliminated in the future with the Model Traffic Ordinance. Councilman Gellert questioned other offenses such as shoplifting and disorderly persons being in this ordinance and, also, what first offenses are subject to imprisonment. Mr. Tanaka ex- plained that the Penalty Section of Code had to be revised, which included the other offenses. He *See correction Minutes August 24 1976.