19790306 City Council Minutes33
February 27, 1979 - continued •
in with the Port's master plan. The proposal was for a first floor of retail shops anda restaurant
and office.space on the second floor. It.was felt the plan should be refined and a definite proposal
made, rather than presenting several variations. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN
NORDQUIST, THAT MR. PANTLEY BE.ASKED TO WORK OUT A CONCRETE PROPOSAL WITH THE COMMUNITY DEVELOPMENT
DEPARTMENT AND THEN RETURN TO THE COUNCIL. MOTION CARRIED.
There was.no 'further business tocome before the Council, and the meeting was adjourned at 12:00
midnight.
� e
IRENE VARNEY MORA , C" y Clerk HARVE.H.. HARRISON, Mayor
March 6, 1979
The regular meeting of the Edmonds City Council was called to order at 7:32 p.m. by Mayor Pro tem
Ray Gould. Mayor Harrison arrived shortly thereafter and conducted the meeting. All present joined
in the flag salute.
PRESENT ABSENT STAFF PRESENT
Harve Harrison, Mayor Phil Clement Charles Dibble, M.A.A. •
Mike Herb Leif Larson, Public Works Director
Katherine Allen John LaTourelle, Community Devel. Dir.
John Nordquist Irene Varney Moran, City Clerk
Ray Gould Art Housler, Finance Director -
Tom Carns Fred Herzberg, City Engineer
Larry Naughten Jim Jessel, Parks & Recreation Dir.
John Wallace, City Attorney
Jackie.Parrett, Deputy City Clerk
CONSENT AGENDA
Items (D), (E), and (F) were removed from the Consent Agenda. COUNCILMAN CARNS MOVED, SECONDED BY
COUNCILMAN NAUGHTEN, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The balance of
the'Consent Agenda included the following:
(A) Roll call.
(B) Approval of Minutes of February 27, 1979.
(C) Set date of March 20, 1979 for hearing on P.C. Resolution 614, recommending approval of
contract rezone from CG to RMH, property located at northwest corner of intersection at SR
104, Highway 99, and 242nd St. S.W. (Boucher - File R-9-78).
(G) Acceptance of 1978 street overlay projects by Associated Sand and Gravel and establishment
of 30-day retainage period.
PROPOSED RESOLUTION AUTHORIZING AN.INTERFUND LOAN FOR THE PURPOSE OF CONSUMMATING COMPUTER •
PURCHASE AND AN INTERFUND TRANSFER'FOR THE PURPOSE OF REHABILITATING THE BOYS' CLUB
Item D on Consent Agenda
With regard to the transfer of $10,000 from the Council'Contingency Fund for the rehabilitation
of the Boys' Club, Councilman Carns said when this was discussed it was stated that the funds
would not be'transferred until the Council knew how the money was being spent. Public Works
Director Leif Larson responded that estimates had been submitted for the previous discussion
and, although they were not firm, they were as close as he could come. Councilman Carns felt
that was not adequate. THEREFORE., COUNCILMAN CARNS MOVED; SECONDED BY COUNCILWOMAN ALLEN, TO
DISAPPROVE ITEM (D) ON THE CONSENT"AGENDA. The question.was asked as to what kind of accounting
there will be of the spending if the funds are transferred. Mr —Larson said the accounting
would be by work order control or contract, but Councilman Carns said he wanted to see what.
work is to be done and what it will cost before the money is transferred. Councilman Gould
felt the Council had gone into a: lot ofdetail of what was planned when this was discussed
previously, and he said his understanding of how the funds would be used was a "not to exceed"
amount. Councilman Naughten said that was his understanding also, -and he said he had no problem
with the transfer. He said his only question was what would-be left in the Council Contingency
Fund after this and another $4,000 item on the agenda were deducted. Finance Director Art
Housler responded that the balance would be, approximately $103,000 after several transfers are
completed. A ROLL CALL VOTE WAS THEN TAKEN ON'THE.MOTION, WITH COUNCIL MEMBERS CARNS AND ALLEN
VOTING YES, AND WITH COUNCIL MEMBERS HERB, NORDQUIST, GOULD, AND NAUGHTEN VOTING NO. MOTION
FAILED. COUNCILMAN GOULD THEN MOVED, SECONDED BY -COUNCILMAN NORDQUIST, TO APPROVE ITEM (D) ON
THE CONSENT AGENDA, PASSING RESOLUTION 429. MOTION CARRIED, WITH COUNCIL MEMBERS CARNS AND
ALLEN VOTING NO.
33
• March 6, 1979 - continued
PROPOSED ORDINANCE AMENDING ORDINANCE 2042 (1979 BUDGET), AUTHORIZING AN INCREASE IN
REVENUES AND APPROPRIATIONS; OF'THE.GENERAL., COUNCIL CONTINGENCY., EDMONDS ELEMENTARY
SCHOOL ACQUISITION/DEVELOPMENT-;:UNDERGROUND-WIRING.,.COASTAL ZONE MANAGEMENT, AND CAPITAL
IMPROVEMENT'FUNDS [Item:..(E).on:Consent Agenda]
Councilman Naughten asked.wha.t."PERS" stood for inthe first paragraph of the memorandum accompanying
the proposed ordinance. It.was explained that PERS is the Public Employees' Retirement System.
Councilman Herb asked the City Attorney when the Code revision.would be accomplished, the fee
for which was included in.the,proposed ordinance. Mr. Wallace responded that the date had
..slipped to late April, partly because of the large amount of litigation time the City Attorney's
Office.currently is expending for the City. COUNCILMAN HERB MOVED, SECONDED BY COUNCILWOMAN
ALLEN, THAT A REVIEW OF THE CITY CODE REVISION BE SCHEDULED FOR APRIL 24, 1979. MOTION CARRIED.
COUNCILMAN CARNS THEN MOVED, SECONDED BY COUNCILMAN NAUGHTEN, TO APPROVE ITEM (E) ON THE CONSENT
AGENDA, ADOPTING ORDINANCE 2056. MOTION CARRIED.
SNOHOMISH TRANSPORTATION PLAN UPDATE - PSOG [Item (F).on Consent Agenda]
COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT THIS ITEM BE PLACED ON THE MARCH 13,
1979 AGENDA BECAUSE THE ATTACHMENT.TO THE EXPLANATORY MEMORANDUM HAD BEEN OMITTED. MOTION
CARRIED.
COUNCIL
Councilman Nordquist advised that the Mayor had declared next week National DeMolay Week in Edmonds.
He said there will be DeMolay boys present at next week's Council meeting and he asked the Council
and Staff to introduce themselves and make the boys welcome. He said the boys also will be visiting
the Staff that day, and he expressed appreciation from.the DeMolay chapter.
• Councilman Nordquist advised that City Engineer Fred Herzberg and he had met last week with the
Cities of Mountlake Terrace.and Lynnwood, their attorneys, and Dr. Claris Hyatt to discuss the Safe
Drinking Water Act. Dr. Hyatt had suggested that they request to be heard by the Edmonds City
Council next week if possible, or at least the following week.; COUNCILMAN NORDQUIST THEREFORE
MOVED, SECONDED BY -COUNCILMAN CARNS, THAT A DISCUSSION OF THE SAFE DRINKING WATER ACT BE SCHEDULED
FOR MARCH 20, 1979. MOTION CARRIED. Councilman Nordquist advised that Dr. Hyatt, Mr. Herzberg, and
he would make the presentation.
Councilman Nordgdf§t:-commented".thata.ast_week's'.lengthy.^,meeti.ng was. -somewhat trying on everyone's
nerves, and he felt something like an 11:00 cut-off time would.create better meetings. He felt when
presentations are started at 11.30 p.m. or close to 12:00 midnight a lot is lost. Councilman Herb
added that a lot of audience participation items were turning into hearings and that should be
curtailed, and Councilman.Carns said when people come in with something on which the Council -cannot
make a.decision the discussion should be curtailed, and a.discussion date set. He also felt the
Staff should not accept last-minute material from citizens.to be presented to the Council that
evening.
Councilman Gould referred to a letter the Council had received from M. E. Townsan of 640 Pine St.,
requesting a hearing to appeal a decision of the Building Official to issue permits to move a house
onto a lot adjacent to the Townsan property. City Attorney John Wallace advised that the right of
appeal of Building Official decisions is only to Superior. Court except'in SEPA matters. He said if
the conditions flow from other than the SEPA the Council cannot hear the appeal. The Council therefore
acknowledgedreceipt of the'request, with no action. Councilman Carns felt, however, that an appeal
of a decision made by a City employee should be to the City Council, and Mr. Wallace advised him
that such a provision could be worked into the City's ordinances but at present it did not exist.
COUNCILMAN CARNS THEREFORE MOVED,. SECONDED BY COUNCILMAN GOULD, TO SCHEDULE A DISCUSSION ON APRIL 10,
1979..REGARDING A POSSIBLE ORDINANCE AMENDMENT TO PROVIDE THAT APPEAL OF A DECISION MADE BY A CITY
EMPLOYEE WOULD BE TO THE CITY COUNCIL. MOTION CARRIED.
Councilman Gould referred to a memorandum from the. Public Works Director regarding a sidewalk improve-
ment district on 5th Ave. and asked for an explanation. Public Works Director.Leif Larson explained
that the SID was authorized in 1975 for 28 parcels, but over the years many lots had been developed
and sections of sidewalk have been constructed by individual. -property owners or are bonded for with
current construction. Mr.. -Larson recommended cancelling the existing SID 75-1 and instituting a new
project to complete sidewalks for nine parcels of the original'SlD and for an additional six parcels
which now need adjacent sidewalks replaced, for a total of 15 parcels. He further recommended that
City forces accomplish;`or the City contract, the removal of existing deteriorated walks, prepare
the base., and place required fill and rockery; and that.property owners be advised by resolution,
and a hearing be held, on.the project for new construction or replacement of concrete sidewalks. A
map was displayed to ref•llect. the status of various sections of sidewalk on.5th Ave. COUNCILMAN
NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN ALLEN,-TO ACCEPT THE RECOMMENDATIONS IN THE MARCH 1, 1979
MEMORANDUM FROM THE PUBLIC WORKS DIRECTOR REGARDING SID 75-1. MOTION CARRIED.
Councilman Naughten referred to a request from the Public Works Director for authorization to
exchange cord wood in the City Park -for beauty bark and asked for an explanation. Public Works
.Director Leif Larson said.the City has an excess of 40 cords of firewood as a result of the recent
windstorm and a wood dealer who also wholesales beauty bark will trade four cubic yards.of beauty
bark valued at $8.00 - $8.50 per yard for each cord of wood. He will deliver the bark and pick up
the wood without the involvement of City labor. Because bark is used annually for grounds mainte-
nance purposes, Mr. Larson was requesting authorization for such an exchange. COUNCILMAN CARNS
MOVED, SECONDED BY COUNCILMAN GOULD, TO AUTHORIZE THE'PROPOSED EXCHANGE OF CORD WOOD FOR BEAUTY BARK
AS DESCRIBED BY THE PUBLIC. WORKS DIRECTOR. MOTION CARRIED.
MAYOR
Mayor Harrison announced a.short Executive Session following this meeting to di.scuss_an.organizational
personnel matter.
336'�
March 6, 1979 - continued
AUDIENCE
•
Don Gudgeon of 5020 212th S.W., Mountlake Terrace, asked for a hearing sometime before the first of
the year regarding the fee schedule for Taxicab Driver Licenses in the City of Edmonds. He said
King County charges $7.50, Lynnwood charges $10.00, and Edmonds charges $20.00, and the drivers
would like to know if the Council' could amend the ordinance with regard to the fee schedule.
COUNCILMAN HERB MOVED, SECONDED.BY COUNCILMAN CARNS, TO SET FOR'DISCUSSION ON APRIL 24, 1979 THE FEE
SCHEDULE FOR'TAXICAB DRIVER LICENSES. MOTION CARRIED. Councilman Carns asked for a report from the
City Clerk on this matter -and Councilman Nordquist asked Mr. Gudgeon to submit to the Council a
letter presenting the fees he quoted.
Councilman Carns reviewed the report on litigation from the City Attorney in the MARK HANSON, ROBERT
BETTIS & MAGNA HAGEN vs. CITY OF EDMONDS matter, in which the court rendered a decision in favor of
the City.
SLIDE PRESENTATION ON EDMONDS FISHING PIER, PRESENTED BY DEPARTMENT OF FISHERIES
Jim Walton of the Department of. Fisheries gave a photographic presentation to explain and illustrate
the construction of the Edmonds Fishing Pier and the artificial reef beneath it. He said the
official opening will be March 15, with Governor Ray participating in the ceremony. He said this is
the first such pier in the State of Washington and will be used as a model for other State fishing
piers.
DISCUSSION OF UNDERGROUNDING SR.524 WITH PUD AND GENERAL TELEPHONE REPRESENTATIVES
.City Engineer Fred Herzberg stated that as the estimates were higher than anticipated_ for the under -
grounding of SR 524, and because the Council felt they were too high to ask the property owners to
accept, representatives from the various utilities had been invited to discuss possible ways of
funding this.improvement. He said the State must know by the end of this week whether the City
plans to go forward with the undergrounding when the State accomplishes its improvement. Ron Harper
and William Hulbert were present to represent the PUD, Len Jorgensen represented General Telephone
Company, and Ted Lovett represented Liberty TV Cable. Mr. Hulbert said the rough estimate just to
do the PUD portion was approximately.$495,000 - $650,000 and he did not know what the Telephone
Company or CATV costs would be. He said the PUD's policy is to -share 50% of the costs of under -
grounding projects, but limit it to 2% of gross revenues of the city or county per year, with an
allowance of drawing three years in advance. He said this method was used successfully in doing 5th
Ave., but as a result the City of Edmonds has borrowed the allocation for several years so there is
nothing available for this project in the way of matching funds. He said another method which might
be possible would be to raise the electrical rates in the City of Edmonds to pay for the project in
a reasonable period of time. Mr. Jorgenson said they would provide the underground facilities as
requested, provided the City would provide a trench acceptable for their use, at a cost of approxi-
mately $20 per foot. -He said $50,000 - $55,000 would be a broad estimate of their financial parti-
cipation. He also said they could not share the trench with the PUD because of the nature of the
lines installed. Mayor Harrison suggested that the possibility of the State'.s providing the trench
might be investigated. Mr. Hulbert suggested the possibility of the State putting in road crossings
for future undergrounding if the undergrounding could not be done now. He said that is done in new
areas but he did not know if it could be done in developed areas. Ted Lovett said the CATV would
accomplish their part at their cost. Natalie Shippen of 1022 Euclid said she would rather see the
money go into view areas and she thought when the policy was established it was intended to be for
selected sites. Roger Hertrich of 1020 Puget Dr. said removal of the wires would improve his view
but he thought the costs were prohibitive and it would not be a worthwhile project on this street.
Councilman Herb said he felt there are higher priorities and he was convinced the people of Edmonds
do not want higher utility rates. He suggested communicating with the Highway Department regarding
the possibility of road crossings. Councilman Carns said he could not accept that the cost is
prohibitive anywhere in the City and he felt it was not good business not to underground at this
time. Public Works Director Leif Larson cautioned that if the whole project were to be delayed the
funds probably would be lost for this road during this biennium and that the City would have to
fight for funds again at a later date. Councilman Naughten felt the undergrounding was not finan-
cially feasible now. Councilwoman Allen said she had been called this date by a resident on this
route who felt it would be worth doing. Councilwoman Allen said everyone uses 196th so it would be
fair for all to share in the cost, and if it is not done now it never will be done. Councilman
Carns suggested a conference with the.City Attorney was in order for advice. COUNCILMAN CARNS
MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO TABLE THE UNDERGROUNDING MATTER UNTIL THE COUNCIL CONFERS
WITH THE CITY ATTORNEY IN EXECUTIVE SESSION AT THE END OF THIS MEETING. Mr. Hulbert advised that if
the intent was to confer regarding the City's police powers to make the utilities go underground,
then he would.agree that the City does have those powers, but he said they would then have options
which may -not -be what the City .would want. Natalie Shippen suggested the undergr6unding would be
desirable from 88th down, but not from 81st to 88th. Mr. Hulbert noted that the costs to adjoining
property owners are going to be substantial also, and that should be considered. Mayor Harrison
said he felt the costs were too high and there was a lack of offsetting funds in the City budget for
this, so he recommended that the City not entertain this undergrounding improvement at this time and
proceed with the State improvement. THE MOTION TO TABLE.THEN CARRIED, WITH COUNCILMAN HERB VOTING
NO.
HEARING ON AMENDMENT TO BROOKACRES PRD
Community Development Director John LaTourelle explained.that the reason for the proposed amendment
was that the lots are too small to accommodate the sizesof houses being built. *He distributed maps
reflecting the increases in lot sizes. The open space will be reduced from 75% to 68% of the site
(20% is required). He said a letter had -been received from the owners of some adjacent property who
expressed concern about the loss of screening between their property and the PRD because a tall
laurel hedge had been trimmed to 4' in height. Mr. LaTourelle read a letter from Pat Echelbarger,
the developer of the Brookacres PRD, who said it was intended to maintain a sight screen between the
PRD and the Goodricks' residence, and that the owners of the lots which border the Goodricks' property
I
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March..6, 1979 - continued
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had been informed that they could cut the laurel hedge to 6' in height or replace -it with a sight
screen of dense evergreen. plantings that will be maintained at the 6' level, with the minimum size
being 4' to allow them to.fill in in a dense manner.. Per. Echelbarger indicated this 'would enable
the Brookacres homeowners::to..preserve their view rights and would also maintain privacy for Brookacres
and the Goodricks. Mr. LaTourelle recommended that the amendment to the PRD be approved with those
conditions. The public portion.of,the hearing'iwas opened. Patrick Echelbarger explained the reasons
for increasing the various lot.size's. He said every owner of a lot will replace.the laurel sight
screen if it is removed on his lot and all the current owners had signed the plat and would be bound
by it. Linda Goodrick of 16510 76th Ave. W. said she would like'to have more than 6' of privacy as
the PRD was a multiple situation next to their single family home. Mr. Echelbarger corrected her in
that the PRD is not multiple but is also single family. He said Lot 3 is right next to the Goodricks'
home and there will be a view to the northwest corner of that lot which the laurel hedge would
obstruct. Mrs. Goodrick was advised.that 6' is maximum height allowed for a sight screen, even
thoughtaller ones may be seen from time to time. The public portion of the hearing was then
closed. COUNCILMAN CARNS.MOVED,.SECONDED BY -COUNCILMAN NAUGHTEN, TO APPROVE THE AMENDMENT TO -THE
BROOKACRES PRD INCLUDING THE.PROVISIONS SET FORTH IN PATRICK ECHELBARGER'S LETTER OF MARCH 6, 1979
WITH REGARD TO THE LAUREL HEDGE SIGHT SCREEN. MOTION CARRIED.
APPROVAL OF PRELIMINARY PLAT, ESPELAND ESTATES (P-6-77) (RESUBMITTAL)
Community Development Director John LaTourelle said the applicant had failed through an oversight to
request the one-year extension provided in the City Code. The applicant had installed nearly all
the necessary improvements and intended completing the development, but because the'preliminary
approval had expired he could go no further without once again obtaining preliminary approval and
then final plat approval. The Planning -Commission had reheard this matter and recommended approval.
Mr. LaTourelle also recommended approval of the resubmitted plat. The public portion of the hearing
was opened, no one wished to speak, and the public portion was closed. COUNCILMAN HERB11OVED,
SECONDED BY COUNCILMAN GOULD, TO APPROVE `rHE RESUBMITTED PRELIMINARY PLAT OF ESPELAND ESTATES.
MOTION CARRIED.
There was no further business to come before.the Council, and the meeting adjourned to Executive.
Session at 9:50 p.m., intending to return following that session to .discuss the tabled matter of the
SR 524 undergrounding.
The meeting was reconvened.at 10:35 p.m. Councilman.Carns.was not present at the reconvened meeting.
COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT THE CITY -COUNCIL AT THIS TIME REST
ITS INTEREST IN UNDERGROUND WIRING FROM 81ST TO 11TH, BUT CONTINUE TO PURSUE IT FROM 11TH AVE. TO
THE WEST. Roger Hertrich asked if they might try to include -the area west of the substation to
llth, as part of the beauty in entering Edmonds is in the canyon. Councilwoman Allen responded that
the Council is'concerned about having the money in the next.phase to do where the houses are.
Natalie Shippen said she hated to see the Council forego the real beauty of the canyon as one comes
down the hill. She felt it would be well worth undergrounding and a general benefit to all of
Edmonds. Councilman Nordquist said mention had been made of pursuing hoar much the cost would be
from 88th to llth, and it had been suggested that -a breakout be made. He said he would be willing
to pursue that, and this was agreeable to all. THE MOTION THEN CARRIED. The meeting then adjourned
at 10:50 p.m.
jz-,� 22�� /
IRENE VARNEY MORAN, Ci Clerk
March 13, 1979 - Work Meeting
771 ,Wgz�,, �1,
_.
HARVE H. HARRISON, Mayor
The regular meeting of the Edmonds City Council was called to order at 7:30 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 Charles Dibble, M.A.A.
Mike Herb Leif Larson,.Public Works Director
Katherine Allen John LaTourelle, Community Development Director
Phil Clement Irene Varney Moran, City Clerk
John Nordquist Jim Jessel, Parks and Recreation Manager
Ray Gould Fred Herzberg, City Engineer
Tom Carns Wayne Tanaka, City Attorney
Larry Naughten Jackie Parrett, Deputy City Clerk
CONSENT AGENDA
COUNCILMAN CARNS MOVED, SECONDED CY COUNCILMAN NAUGHTEN, TO APPROVE THE CONSENT AGENDA. MOTION
CARRIED. The Consent ,",genda included the following:
(A) Roll call.
(B) Approval of Minutes of March 6, 1979.
(C) Snohomish Transportation Plan Update (PSCOG) - Approval of City participation and authoriza-
tion for Edmonds' share of the costs in the amount of $4,060 for 1979 be provided from the
Council Contingency Fund.