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19760928 City Council Minutes• September 28, 1976 The regular meeting of the Edmonds City Council was called to order at 7:40 p.m. by Mayor Harve Harrison in •the Council Chambers of the Edmonds Civic Center.. All present joined in the flag salute. PRESENT ABSENT Harve Harrison, Mayor Ray Gould Max Gellert Phil Clement John Nordquist Robert Anderson Tom Carns Mike Herb CONSENT AGENDA (7:41 p.m.) STAFF PRESENT J. Herb Gilbo, M.A.A. Leif Larson, City Engineer Joe Wallis, City Planner Irene Varney Moran, City Clerk Noelle Charleson, Asst. City Planner Jim Murphy, City Attorney Wayne Tanaks, City Attorney Jackie Parrett, Deputy City Clerk Councilman Gellert asked that Item (C) be removed from the Consent Agenda, and Councilman Herb asked that MOTION: Item(B) be removed from the Consent Agenda. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN ANDERSON, THAT THE BALANCE OF THE CONSENT AGENDA BE APPROVED. MOTION CARRIED. The balance of the Consent •Agenda contained the following: • 1 MOTION: MOTION: r- L_ (A) Approval of Minutes of September 21, 1976. (D) Authorization for Mayor to sign Interlocal Agreement for Undertaking 1976 Community Development Project. (E) Setting date of October 19 for hearing of Planning Commission Resolution 495, Proposed Amendment to Comprehensive Plan to Designate Haines Property as Park, Proposed Urban (PU), on Either Side of Vacated Portion of Meadowdale Road, West of 76th Ave. W. (File CP-4-75) (F) Setting date of October 19 for hearing of Planning Commission Resolution 527, Proposed Amendment to Official Street Map to Add Turnaround on Viewland Way, West of loth Ave. S. Extended. (File ST-13-76) (G) Setting date of October 19 for hearing of Planning Commission Resolution 528, Proposed Amendment to Official Street Map to Remove Portion of 6th Ave. S.. Between Existing Cul-de-Sac and Northerly Deadend of 6th Ave. S. Serving Paradise Lane. (File ST-12-76) AUTHORIZATION FOR MAYOR TO EXECUTE LETTER AMENDMENT TO THE PUD "UNDERGROUND SPECIAL PROJECT AGREEMENT" FOR 5TH AVE. (Item (B) removed from the Consent Agenda) (7:45 p.m.) Councilman Anderson asked whether there were any changes in the figures. City Engineer Leif Larson explained that the figures were•based upon the report he had .previously made to the Council. He said this updated the agreement based upon the cost factor and updates the figures based upon the accumulation of funds to the City's credit. He said this followed the original agreement except for updating the fig ures. A MOTION WAS THEN MADE BY COUNCILMAN ANDERSON SECONDED BY COUNCILMAN CARNS, THAT THE MAYOR BE BE AUTHORIZED TO EXECUTE THE LETTER AMENDMENT TO THE PUD "UNDERGROUND SPECIAL PROJECT AGREEMENT" FOR 5TH AVE., MOTION CARRIED. COUNCILMAN HERB WAS AWAY FROM THE ROSTRUM AT THE TIME OF THE VOTE. AUTHORIZATION FOR MAYOR TO EXECUTE AGREEMENT WITH BURLINGTON NORTHERN FOR PIPELINE RENTAL IN THE VICINITY OF TALBOT ROAD. (Item (C) removed from the Consent Agenda) (7:50 p.m.)" Councilman Gellert said he could not understand why the City would be paying a rental fee for a pipe under the railroad. He felt the City should get a perpetual easement for.this storm sewer pipe. He said he was not concerned so much with the present rental fee, but rather that the agreement is open ended and the fee could be increased to a much larger figure in the future. City Attorney Jim Murphy said he doubted the railroad would sell the City a perpetual easement because of the lack of control it would have. He said the City cannot make use of their property without paying for it if they don't want to make it available --that operating property cannot be condemned. City Engineer Leif Larson felt this agreement would be of benefit to the City and also to the railroad. A MOTION WAS MADE BY COUNCILMAN HERB THAT THE MAYOR BE AUTHORIZED TO EXECUTE THE AGREEMENT WITH BURLINGTON NORTHERN FOR PIPELINE RENTAL IN THE VICINITY OF TALBOT ROAD. COUNCILMAN GELLERT SECONDED THE MOTION, BUT, SAID HE DID SO RELUCTANTLY. MOTION CARRIED. APPOINTMENTS TO PARK BOARD, PLANNING COMMISSION, AND LIBRARY BOARD (7:55 p.m. Mayor Harrison listed several appointments he wished to make and asked for Council confirmation, resulting in the following motions: A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CARNS, TO CON- MOTION:.­ -FIRM THE APPOINTMENT OF FRED ROSS TO POSITION #6 ON THE PLANNING COMMISSION, REPLACING ED HAYES, FOR A PERIOD OF SIX YEARS EFFECTIVE OCTOBER 9, 1976. MOTION CARRIED. A MOTION WAS MADE BY COUNCILMAN CARNS, =_.. T MOTION: SECONDED BY COUNCILMAN ANDERSON, TO CONFIRM THE APPOINTMENT OF KEITH LaBELLE OSITION #5 ON THE PLAN- NING COMMISSION, REPLACING HOWARD WASHBURN, FOR A PERIOD OF SIX YEARS, EFFECTIVE OCTOBER 9, 1176. MOTION MOTION: CARRIED. A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS, TO CONFIRM THE REAP- POINTMENT OF HERB WHITE TO POSITION #8 ON THE PARK BOARD, FOR A PERIOD OF SIX YEARS, EFFECTIVE SEPTEMBER _ - MOTION: 19, 1976. MOTION CARRIED A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN ANDERSON, TO -- ._ :...i. ,u :CONF:IRM THE APPOINTMENT OF BOB GUSTAFSON TO POSITION #4 ON THE PARK BOARD, FOR A PERIOD OF SIX YEARS, EFFECTIVE SPETEMBER 19, 1976, REPLACING LARRY BAILEY. MOTION CARRIED. A MOTION WAS MADE BY COUNCILMAN MOTION: ANDERSON, SECONDED BY COUNCILMAN CARNS, TO CONFIRM THE APPOINTMENT OF ROSEMARY WELLS TO POSITION #4 ON THE LIBRARY BOARD, REPLACING BEVERLY GUSTAFSON IN HER UNEXPIRED TERM ENDING DECEMBER 31, 1977. MOTION CARRIED. Councilman Carns noted that two members of the Park Board have not been attending meetings for an extended period of time and possibly those positions should be reappointed. Mayor Harrison said he woulc call them to determine their desires in the matter. • COUNCIL PARTICIPATION (7:57 p.m.) 490. Councilman Carns noted that Finance Director Lila Crosby had been hospitalized. A MOTION WAS MADE BY • MOTION: COUNCILMAN CARNS, SECONDED BY COUNCILMAN ANDERSON, THAT THE COUNCIL WISH LILA CROSBY A SPEEDY RECOVERY. MOTION CARRIED. Mayor Harrison said that, regarding SR 524, Mr. Bogart would like a clarification of the City's position on the design standards. He had requested that the Council set this as an agenda item for the work meeting MOTION: of October 12. A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS, THAT OCTOBER 12 BE SET FOR DISCUSSION OF THE CITY'S POSITION ON DESIGN STANDARDS REGARDING SR 524. MOTION CARRIED. Councilman Anderson asked that copies of the Council's previous actions be included in the packets for that meeting. And Councilman Gellert .added the reminder that Mr. Bogart should be invited to attend the meeting and give his input. C . r _ . .. I a . . . Mayor Harrison said he would like Items 7 and 8 to be moved to the bottom of the agenda to accommodate the late arrival of Wade James who would be speaking on Item 8, and to keep the hearings on Items 7 and 8 MOTION: together. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN ANDERSON, TO MOVE ITEMS 7 AND 8 TO THE BOTTOM OF THE AGENDA. MOTION CARRIED. PROPOSED ORDINANCE LEVYING TAXES FOR 1977 (8:02 p.m.) Finance Director Lila Crosby had indicated by memo that the ordinance to levy general property taxes for 1977 must be certified and filed with the County on or before October 6. She said that, inasmuch as a certification of assessed valuation of taxable property had not yet been received from the Snohomish County Assessor to date, the ordinance will have to be amended at a later date with the updated figures. MOTION: A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN ANDERSON, TO ADOPT ORDINANCE 1874, LEVYING THE GENERAL TAXES FOR THE CITY OF EDMONDS FOR 1977. MOTION CARRIED. MOTION: PROPOSAL FOR ANALYSIS OF WATER STORAGE REQUIREMENTS (8:04 p.m.) This item was continued from the August 31 meeting. City Engineer Leif Larson said that, as a result of rate changes by wholesale water suppliers, the City is faced with substantial financial penalties being assessed for high peak demands due to lack of high level storage. He said there was an indication that the City could be charged $80,000annually above the basic rates for peak demand consumption. Mr. Larson said the workload of the City staff had precluded their accomplishing the re-evaluation of the water system and, therefore, he had asked Reid, Middleton & Associates to review the water supply system. They had sub- mitted a proposal for this project, and Mr. Larson was requesting authority for the Mayor to enter into the agreement. Mr. Larson said the Reid, Middleton fees compared very favorably with those of other firms, and he felt their immediate proximity and familiarity with the City's water system and its problems were def- inite assets. He noted that the fees quoted were for this proposal only and that their fees will be a part the discussion on the agenda in November. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CARNS, THAT THE MAYOR BE AUTHORIZED TO ENTER INTO AN AGREEMENT WITH REID, MIDDLETON & ASSOCIATES, BASED ON THEIR SUBMITTED PROPOSAL FOR ANALYSIS OF WATER STORAGE REQUIREMENTS, THE COST NOT TO EXCEED $10,000, AND THE ANALYSIS TO INCLUDE INVESTIGATION OF THE FEASIBILITY OF UNDERGROUND WATER STORAGE FACILITIES WHEREVER POSSIBLE. Mr. Larson was asked if he had ever found Reid, Middleton's work wanting from a technical and engineering standpoint. Mr. Larson replied there have been some sewer problems on occasion, but no tech- nical problems. He added that when something does come up they are readily available and answerable, whereas with a firm outside of the City that is not always possible. MOTION CARRIED. NEW UTILITY EASEMENT AT 86TH AVE. W. & MAIN ST, - VACATE EXISTING EASEMENT (8:14 p.m. Mr. Larson said an exchange of easements was necessary to correct an error in an easement previously granted for sanitary and/or storm sewers under LID #161. He requested authority for the Mayor to execute the exchange of easements between the City and George P. Eipper. Councilman Gellert suggested this type MOTION: of item could be placed on the Consent Agenda. A MOTION WAS THEN MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN ANDERSON, THAT THE MAYOR BE GIVEN AUTHORITY TO EXECUTE THE EXCHANGE OF EASEMENTS BETWEEN THE CITY AND GEORGE P. EIPPER. MOTION CARRIED. 174TH ST. S.W. EXCHANGE OF DEEDS TO RESOLVE BOUNDARY ERRORS (8:15 p.m. Mr. Larson said there was a long history of problems regarding City right-of-way and road locations, combined with land description and survey errors, in this 174th St. S.W. vicinity which had caused boundary problems. After lengthy negotiation with the property owners, an agreement had been reached to exchange certain parcels in order to conform to agreed upon boundaries. He was requesting authority for the Mayor to execute the deed agreement which would accomplish the exchanges. A MOTION WAS MADE BY MOTION: COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN NORDQUIST, THAT THE MAYOR BE AUTHORIZED TO EXECUTE THE QUIT CLAIM DEED AND GRANT OF EASEMENT TO ACCOMPLISH THE EXCHANGE OF PROPERTIES. Councilman Anderson extended his congratulations to whoever had negotiated this transaction. He said the history was about as tortuous as the street --about 14 years in extent. MOTION CARRIED. HEARING: P.C. RESOLUTION 522, RECOMMENDING THAT THE CITY COUNCIL ZONE THE ELEMENTARY SCHOOL SITE "OPEN SPACE" AND PURSUE THE ALTERNATIVE METHODS OF ACQUIRING THE PROPERTY (FILE R-3-76) (8:18 p.m.) C� of 1 • City Planner Joe Wallis reviewed this item. He indicated that zoning on the west and north sides of the school is Multiple and that on the east and south sides the zoning is Single Family Residential. He re- viewed several alternative uses for the site and their impacts on the City. He noted that if the property were developed for residential purposes there would be an increase in density, traffic and run-off, and there would be a slightly greater demand on City services. The site encompasses 211,500 sq. ft. Mr. Wallis said that adding the Open Space designation would not change its function. Of the alternatives noted, he said none would have any great environmental impact, so no environmental impact statement would be required. l� Mr. Wallis said the feelings of the Planning Commission were that it should be designated Open Space as a holding action until a definitive disposition of the site was determined. Uses permitted in an Open Space E ­zonewere enumerated. One of the uses was "parks" and it was noted that "playfields" are not actually des- ignated. It was City Attorney Jim Murphy's opinion that recreational activities are permitted as long as permanent structures are not built. The public portion of the hearing was opened. Captain Floyd Smith of 814 Dayton reiterated his views expressed at the Planning Commission meetings, speaking very strongly in favor of the proposed Open Space zoning. He had presented a petition to the Planning Com- mission with 72 signatures of residents of the Elementary School area, requesting the City to retain the 0 491 • playfield area as Public Open Space. Captain Smith mentioned again his understanding that the property had been donated and had reversion rights. Bob Brown, School District 15 Consultant for School Planning, 19629 81st P1. W., stated the.deeds had been checked and the school district had clear title to the prop- erty and there were no reversion rights. Bruce Jones of 561 Hemlock Way, an attorney but speaking as a .private citizen, presented a draft of an ordinance he proposed which would provide a Public Lands (PL) zone designation for all lands held in public ownership within the City. He explained the benefits of this ^ proposal.and said the net result would be a holding zone type,of approach, and that school lands would be _. taken out of the RS-12 zone. Joe Wermus of 752 Dayton asked that Bob Brown indicate the School District's feelings about the Open Space zoning proposal. Mr. Brown said he was present only as an observer this evening and could not reply. He said the School Board had not officially responded to the question. Allen Hendricks of 1012 Cascade Dr. supported Bruce Jones' proposal for a Public Lands zone. Marie King of 713 Laurel St., a member of the Task Force to save the Junior High School, said she had worked on the Open Space aspect. She said if Mr. Jones' Public Lands proposal were to include park lands and marsh lands, then she would object. She said open space, persse, is needed. She recommended the adoption of the Open Space designation. City Planner Joe Wallis said the feasibility of an Open Space designation had been discussed with City Attorney John Wallace who was of the opinion that enough uses are permitted under Open Space so that it would withstand a challenge. He said Bruce Jones had identified a definite lack in the zoning code and possibly.this should be referred back to the Planning Commission to consider adopting the Public Lands designation. Councilman Carns said he had been.at the Planning Commission meeting that discussed this and he had,the feeling the Commissioners felt very awkward with this and that it was an area for the Council to decide. Assistant City Planner Noelle Charleson agreed. She said there is no Public Use section in the zoning code and over the years Public Use has been put on public areas almost by default just to have some indication that it is zoned for the public. She said a Public -Use section could be established in the code, but it would only be good as long as it is owned by the public; if it were sold to a private party it would have to be rezoned. She said the Planning Commission had a difficult time with this because the neighbors really wanted to see the elementary school remain in public ownership because of the playfield. She said the Planning Commission had felt all avenues should be pursued to • keep it Public Use and that they were afraid that without any zoning on it it would be sold that way, leaving it open to any kind of use. She said the issue was really whether the City wants to buy it; and if it doesn't, and no other public body is interested, it should be returned to the Planning Commission with that indication and with direction to zone the property for other use, such as Residential, Commer- cial or Industrial, with the Residential being the most probable for this area. Walt Sellers, attorney and partner of Bruce Jones but also speaking as a private citizen, said what they had envisioned was a situation where existing uses of land would be classified:, -as Public Lands because that is the present use of the property, and if that happened it would become a permanent zone until the Council changed it. He said it was the intent that it would not revert to anything else when sold. He said it was his understanding that the City had the power to zone property and the power of all lands except federal and state and, as a citizen; he felt the City should use all the power it has to control these land uses because governmental lands add up to a significant portion of land within the City, and especially the open space within the City. City Planner Joe Wallis said another alternative would be a contract zone which could be used on the building portion of the site on the condition that the payfield portion remain open. City Attorney Jim Murphy summarized the powers of the City in this area. He said he thought this Open Space zoning is probably fine as long as the properties remain in.the public sector, but if they went to the private sector by the School District selling them at some point in time, then he felt there would be a problem. He thought the court would give the City reasonable time to react if the property were to go to the private sector. He favored Mr. Jones' proposal but felt it should go further in that it should bear a working regulation for public structures. He said a.loosely drawn regulation would be necessary, but one with control, much like a Conditional Use Permit or a PRD. He said provision should be made for the properties going into the private sector. He said they could go into a regulated holding pattern such as a categorization of some- thing like a planned development, the City having control and density being spelled out by predominant areas around the property, and there being certain grants of open space. He said in the case of the school property the buyer would know what he was buying and what density he could put in, and that the City has a lot of control. • Councilman Anderson asked Mr. Brown what the School District intended if the voters did not.allow the school properties to be sold. Mr. Brown replied that it probably would go on as it is now. He discussed various uses school properties had been sold for in other areas and mentioned the property might be sold in par- cels. City Attorney Jim Murphy advised that the City consistently takes the position that if property is held in single ownership it has to be subdivided to sell it, even if several deeds are held for different parcels of that property. The public hearing was then closed. A MOTION WAS MADE BY COUNCILMAN ANDERSON, MOTION: SECONDED BY COUNCILMAN CARNS, THAT THE CITY ATTORNEY BE DIRECTED TO DRAW UP AN ORDINANCE CONSISTENT WITH,---'- P.C. RESOLUTION 522 ESTABLISHING AN "OPEN SPACE" OR "PLAYFIELD" ZONE AT THE EDMONDS ELEMENTARY SCHOOL SITE. MOTION: MOTION CARRIED. ANOTHER MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CARNS, THAT THE MATTER OF DESCRIBING AND ESTABLISHING A "PUBLIC LANDS" ZONE BE REMANDED TO THE CITY ATTORNEY, THE CITY PLANNER, AND THE PLANNING COMMISSION FOR FURTHER DEVELOPMENT AND RETURN TO THE CITY COUNCIL. MOTION CARR- IED:. HEARING: P.C. RESOLUTION 523, RECOMMENDING THAT THE JR. HIGH SCHOOL PROPERTY NOT BE GIVEN A ZONING DESIGNATION UNTIL THE CITY.COUNCIL HAS INVESTIGATED THE CONTINUED PUBLIC USE OF THIS PROPERTY (FILE R-4-87) (9:47 p.m.) City Planner Joe Wallis said the Planning Commission had recommended that the public use of the Junior High School continue to be investigated; that they felt there was a potential of continued use as a public facility; and they wanted some indication from the Council as to further use of that property. Mayor Harrison said a task force had been established to investigate the possibilities of the facility. He said there is also the possibility of a Public Works Employment Grant. He said M.A.A. Gilbo, City Engineer Larson, Wade James (architect), Bob Brown, and he had attended a meeting in Seattle to investigate the pos- sibility. He said nothing definite has been established yet, but they were investigating the possibilities. He noted that there would be no acquisition money in these grants, but there could be a 100% grant for the right kind of development. He had asked Wade James to look at the Junior High School facility and come up` with some kind of a proposal-. Wade James distributed tb-the Council drawings of design concepts he had developed for the use of the facility as a cultural facility. He reviewed his proposal, noting that the focal point would be the conversion of the auditorium into a good theater. He said he believed this pro- posal would be feasible under the program, but the application would have to be filed in time. It was 492 noted that the property would not have to be purchased by the City, and the process suggested was that • the City get at least a 20 year lease in order to apply, possibly first getting a six-month or one-year agreement in order to process the grant application. Mayor Harrison noted that the purpose of the bill providing these grants, if passed, would be to provide employment. A MOTION WAS THEN MADE BY COUNCILMAN MOTION:. GELLERT, SECONDED BY COUNCILMAN HERB, TO UPHOLD P.C. RESOLUTION 523, RECOMMENDING THAT THE JUNIOR HIGH SCHOOL PROPERTY NOT BE GIVEN A ZONING DESIGNATION UNTIL THE CITY COUNCIL HAS INVESTIGATED THE CONTINUED PUBLIC USE OF THIS PROPERTY. MOTION CARRIED. There was no further bu iness to come before the Council, and the meeting was adjourned at 10:10 p.m. October 5, 1976 IRENE;VARNEY MORAN, &1ity Clerk H. H. HARRISON, Mayor 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. All present joined in the flag salute. PRESENT STAFF PRESENT Harve Harrison, Mayor J. Herb Gilbo, M.A.A. Ray Gould Joe Wallis, City Planner Phil Clement Jack Cooper, Fire Chief Max Gellert Irene Varney Moran, City Clerk John Nordquist Dick Allen, Assistant City Engineer Robert Anderson Jack Weinz, Assistant Fire Chief Tom Carns John Wallace, City Attorney Mike Herb Wayne TAnaka, City Attorney Jackie Parrett, Deputy City Clerk Mayor Harrison called the Council's attention to an award given to the City by the Washington State Nursery- men's_Association. It was a bicentennial landscaping award in recognition of the.landscaping and environ- mental improvements of Seaview Park. • CONSENT AGENDA 9:36 p.m.) Councilman Carns asked that Item (G) be removed from the Consent Agenda, and Assistant City Engineer Dick Allen asked that Item (C) be removed from the Consent Agenda. A MOTION WAS MADE BY COUNCILMAN CARNS, SEC - MOTION: "ONDED BY COUNCILMAN GELLERT, THAT THE BALANCE OF THE CONSENT AGENDA BE APPROVED. MOTION CARRIED. The balance of the Consent Agenda contained the following: (A) Approval of Minutes of September 28, 1976. (B) Acknowledgement of receipt of Claim for Damages from Earl S. and Patricia E. Fish (against contractor on 88th St. project). Copy of the claim had been forwarded to insurance company on receipt. (D) Acceptance of contract as complete by Knowles Construction, Inc., for Talbot Road walkway, establishing the 30-day lien period. (E) Acceptance of contract as complete by Knwoles Construction, Inc. for asphalt paving on 92nd Ave. W., establishing the 30-day lien period. (F) Set date of October 26 for hearing of P.C. Resolution 529, recommending approval of proposed amendment to official zoning ordinance to provide for review procedures for municipal improve- ments. (File ZO-15-76). ACCEPTANCE OF CONTRACT AS COMPLETE BY SEATTLE SERVICE CO., INC., FOR SEALCOATING CERTAIN DESIGNATED STREETS, ESTABLISHING 30-DAY LIEN•PERIOD (Item (C) on Consent•Agenda) < Assistant City Engineer Dick Allen requested this item be placed on the Consent Agenda of October 19. A MOTION: MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, TO PLACE THIS ITEM ON THE OCTOBER • 19 CONSENT AGENDA. MOTION CARRIED. .SET _DATE FOR HEARING P.C. RESOLUTION 530, RECOMMENDING APPROVAL OF PROPOSAL TO REMOVE PORTION OF 174TH ST. S.W., WEST OF 76TH AVE. W. FROM OFFICIAL STREET MAP, AND ADDITION OF A TURNAROUND. (File ST-14-76 - OCTOBER 26 HEARING DATE RECOMMENDED BY CITY PLANNER) Councilman Carns noted that a request had been received by the applicant to change the hearing date to October 19 in order to minimize additional costs of construction as substantial financial costs had already been incurred due to delays in starting construction. Councilman Carns said he had consulted the City .Attorney and the City Planner and both would be ready for hearing on October 19. A MOTION WAS MADE BY MOTION: COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, THAT OCTOBER 19 BE SET FOR HEARING DATE OF P.C. RESOLUTION 530. MOTION CARRIED. COUNCIL PARTICIPATION (7:45 p.m.) Mayor Harrison asked for confirmation of his appointment of Maryanne Sawyer to Position 6-on the Park Board, replacing Keith LaBelle in his unexpired term ending September 19, 1977. A MOTION WAS MADE BY COUNCILMAN MOTION: NORDQUIST, SECONDED BY COUNCILMAN CARNS, TO CONFIRM THE APPOINTMENT OF MARYANNE SAWYER TO PARK BOARD POSI- TION 6, TERM EXPIRING SEPTEMBER 19, 1977. MOTION CARRIED. Councilman Anderson said he would like to establish a date for the next Council/Staff luncheon. October - 28 was the date set. It was requested that in the future the Mayor's secretary call all Councilmen on the day of the Council/Staff luncheon and, if fewer than three of the Councilmen can attend, it should be can- celled. Councilman Gellert noted that there had been two letters in the Council packets complaining about the Liberty TV Cable service. He asked that the City Staff investigate these complaints with Liberty TV and make a report to the Council on October 19. Also, if anything is developed which might cause the Council to take any action regarding the cable TV service, representatives of Liberty TV should be invited to