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19750624 City Council Minutes292 TOW TRUCK LICENSE APPLICATION - ED-LYNN • MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO SET THIS ITEM ON THE AGENDA FOR JULY 8TH. MOTION CARRIED. PRELIMINARY PLAT_MEADOWDALE VIEW, N.E. CORNER MEADOWDALE RD. AND 172ND The applicant was present and stated that there was a minor revision on this plat which has already been approved. The City Planner reviewed this with the help of a slide which indicated the proposed project. He recommended approval. The Engineer said approval would be subject to engineering requirements in establishing the read grades. There was discussion on the drainage which the applicant says he has now had Franch drained and there is no water standing at this time. MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO APPROVE THE PRELIMINARY PLAT OF MEADOWDALE VIEW, SUBJECT TO ENGINEERING REQUIREMENTS AND RECOMMENDATIONS OF THE PLANNING COMMISSION IN CONNEC.TION.WITH DEED RESTRICTIONS. MOTION CARRIED. ACCEPTANCE OF TRAFFIC SIGNALIZATION PROJECT AT 76TH & 212TH CONSTRUCTED BY SIGNAL ELECTRIC INC. & ESTABLISHING 30 DAY LIEN PERIOD COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON FOR THE ACCEPTANCE MOTION: OF THE PROJECT AND ESTABLISHING THE 30 DAY LIEN PERIOD. MOTION CARRIED. SET DATE FOR HEARING: PRELIMINARY PLAT, BELLINS GARDENS MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO SET THIS ITEM FOR JUNE 24TH. MOTION CARRIED. CLAIMS FOR DAMAGES The Council acknowledged receipt of Claims for Damages from C-K Color Lab and • Richard W. Trierweiler. These were referred to the City Clerk for processing. There being no further business, the meeting adjourned at 12:120 A.M. IRENE VARNEY MORAN, ity Clerk H. H. HARRISON, Mayor June 24, 1975 ROLL CALL The regular meeting of the Edmonds City Council was Gilled to order by Mayor Harve Harrison at 7:30 P.M. in the Council Chambers at the Edmonds Civic Center. All council members were present. APPROVAL OF MINUTES The minutes of the meeting of Jun e17, 1975 has been posted, mailed and distributed. Councilman Anderson noted that the 2nd motion on page 2 does not indicate that it carried & that the 3rd motion was incompltete and should have the following phrase added, "...be given on July lst." (This was to indicate that the report on the bids for the Seaview tank and the report firm the engineer on the need for a fence or any other structure, be heard on the same night). Councilman Gellert noted that there was a mixup on the 4th page with respect to the roll call vote taken on the first motion and amendment. It should have read,"The main motion - failed, with council members Clement, Gellert and Bruns voting in favor and the others voting against." The minutes were then approved as corrected. Councilman Gellert mentioned that a Western Sun article mentioned that an item was to be placed on the July 2nd agenda, when it should have said July 1st, and wondered if this correction could be made. Mayor Harrison said that in view of the face that we had been criticized for too much citizen participation, he wondered if the council would like to re -affirm MOTION: the 11:00 P.M. deadline. Following some discussion, COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN GELLERT THAT NO NEW AGENDA ITESM BE TAKEN UP AFTER 11:OO.P.M. MOTION CARffRIED. COUNCIL PARTICIPATION Councilwoman Shippen asked if Talbot Park will be posted as to the hearing on the street improvement. City Engineer, Leif Larson, said that they are sending notices out to everyone on Talbot Road, and to tohers in the area served by Talbot Road. Councilman Nordquist said that he has asked the City Attorney to write to the City of Lynnwood with regard to thei, recent modification of the sauna ordinance. He also asked the attorney to acquire copies of the sauna ordinances from the County and Mountlake Terrace so that they can be compared with ours. The attorney will then review them and suggest any changes that may be necessary. Councilman Nordquist stated that he had attended a meeting of the Snohomish County Transit Board. He said that he had passed out some information to the council members showing them what the financial standing is at this time. He said that if we continue operating at a deficit, service would probably terminate by the end of July. He said that a resolution was passed at the meeting this 0 r 293 morning asking that Mountlake Terrace and the City of Edmonds, by virtue of the contract they signed, contribute the funds that would make up the deficit. In the case of Mountlake Terrace it is $4,7000 and in our case it is $5,000. This would keep the bus system running until about October 30th. The contracts are then up for re-nogotiation and at that time there may be governmental help forthcoming. Mr. Nordquist noted that earlier this year the fares were raised, however the ridership decreased, so that offset the raise. Councilman Nordquist suggested looking at the contract in August and.see where we are at that time. Councilman Gellert asked where the funds would come from. M.A.A.'Ron Whaley said that we had $5,000 appropriated for transit last year in Fund 116. Following MOTION: some discussion, COUNCILMAN GE'ET MOVED, SECONDED BY COUNCILMAN CLEMENT THAT WE EARMARK UP TO $5,000 FROM FUND 116 FOR SUBSIDY TO THE RAPID TRANSIT SYSTEM, WITH THE PROVISO THAT FARES BE REDUCED TO WHAT THEY WERE IN APRIL; AND WITH A DEFINITE PROVISO THAT THE FUNDS BE USED ONLY TO COVER DEFICITS ON THE EDMONDS RUN. MOTION CARRIED. Mayor Harrison asked Mr. Whaley to write a letter to Mr. Sood advising him of the action of the council. Councilman Gellert wondered if we could ask the Snohomish County Health Board to review sewer problem in the Cherry Hill Area as it is now of a very serious nature. Council Nordquist said that he will take it up at the Health Board. ' CORRESPONDENCE Deputy City Clerk, Eleanor Quealey, read a letter addressed to the Mayor and City Council which indicated concern with regard to the parking in connection with the proposed expansion of the Laebugten Wharf Facilities. The letter was signed by Harold L. Janeway and J. Sherman Mills. • Councilman Gellert stated that he had been advised,by the City Attorney that he should not participate in the item following with respect to the Laebugten Wharf Councilman Anderson said that he too had been advised by the Attorney that his particular participation would be out of order, especially since a member of his family participated in hearings before the Amenities Design Board. Councilmen Gellert and Anderson then stepped down from the council platform. HEARING: LAEBUGTEN WHARF APPEAL Joe Wallis, City Planner, noted that the applicant in this case is Stan Kauffmann, and the type of hearing is an appeal from an Amenities Design Board decision. Mr. Wallis noted that the method of appeal is set forth in sec. 12.20.070. A letter was received containing six signatures on May 19, 1975 by certified mail which appealed that decision. He said there has been a Shoreline Management Permit that was approved for the site on July 17, 1973 that is good for two years. On January 22, 1975 we received an application for the Amenities Design Board and' on that same date there was an informal review by that body. On February 26, 1975 the Amenities Design Board denied an application and asked the applicant to re -submit. On March 5th the application was again considered. That meeting was recessed and re -convened on March llth to again consider a final plan submitted for the buildhg permit. The design concept was accepted, but"A t was not considered final formal action inasmuch as they were not the final plans submitted for a building permit. On May 7, 1975 the Board did take final action on the plans approving them as submitted., He said there was a side note that there was a problem with the clarification of the building height, and that there was a delay until this matter was resolved by the Planning Commission. Mr. Lyle Neeley, attorney from Bellevue, was present representing Laebugten Wharf. He asked for a ruling on the timeliness of the appeal. He noted -that final action • was taken on the 7th of May and the appeal was received on the 19th and said that this is 12 days and not the required 10. Attorney, John Wallace,replied that this was occasioned by the weekend falling at that time so that the appeal was properly accepted on the next regular business day, which was Monday; -.the 19th of May. 1 Cliff Lawson, 16221 - 75th W. read a communication which had been received this date in the city offices. Mayor, staff and council members had been provided copies. The communication listed some areas of,concern, basically that the proposed structure is not compatible to the present structure or the neighborhood. Mr..Lawson said that in various meetings with the Amenities Design Board the neighbors had not been able to communicate the need for the Board to view this as the neighbors would have looked at it. He thought the design must be judged on the basis that it is to be located in a residential neighborhood. Mr. Sanderlin who is directly south of the proposed buildhg said that all you will be able to see is a metal hull, and that it should be possible to design something more pleasant. Ardith Pielow felt the building could be more compatible with the area:,. She said that she realizes the need for boat storage, but still thinks the building could be more provincial in feeling. Joanne Anderson said that she had attended meetings where this design was presented, and essentially it was a metal box. It was asked that they make the building more esthetically pleasing and compatible with the area. The owners subsequently did make some changes, but did not structurally alter the building. Mr. Bob Furman, 20005 Poplar Way, indicated that c.he was in favor of the building as he felt it was a good sturdy building. Mr. Neeley explained that this is a 80..x 260 steel prefabricated building for storage of boats. He said the citizen objection was to a plain steel building. 0 29 • Mr. Neeley stated that it is a box'because the purpose of it is to store four tiers of boats, and this was pointed out to the neighbors at the time. Mr. Neeley noted various treatments that were suggested, such as color scheme-. some architectural treatments to break up the expanse of wall and cedar.beams so that there will be some visual interest. It had also been suggested that the roof of the present building be painted to match the new building. Mr. Neeley pointed out that the use of the building or the function of the building is not what is to be reviewed, but the architectural features is what is to be reviewed. He said that he did not believe it is the right of the residents to design a building for Mr. Kauffmann to satisfy their sensibilities. It is not an added on building, but a pre- engineered, industrial building. This is away to keep the costs down when you are on a budjet. He said that a wooden structure such as that built in 1890 could not be built today, because it would price them right out of the market. Mr. Neeley then used several overlays on a topographical map which indicated that the homes in the area are 50' and more above the wharf. He also showed• slides of the waterfront'ihdicat ng the location of various homes. Mrs. Anderson commented that it might even be better if the old building was torn down and an architecturally designed new building constructed. In regard to the slides, Mr. Lawson commented that it was not a fair reflection of what can be seen from the houses themselves. There were some further comments made by Dell Carroll, who indicated that he was in favor of the building; Mr. James Bushman, who said that some of the mess created down at the wharf is from children in the neigh- borhood and from others who again said that they would like the building to be compatible and parking to be provided. The public portion of the hearing was then closed. The council viewed the model of the proposed building which was placed next to • the existing structure. They asked to see a sample of the siding material,.••and Mr. Kauffmann provided this, which was a 26 gauge steel panel rib. There was then some discussion on the cedar to be used on the exterior of the new building: Mr. Neeley pointed out that the Amenities Design Board had specified that if any other material other than cedar is proposed, they must again go before the Board for approval. If they do not approve, then cedar is to be used. Mrs. Shippen indicated that it was her observation that the source of the design was four tiers and that the basic shape of the building was never changed. Councilwoman , Shippen said that there 'are gas stations and banks that look like houses nowadays, and that she does not believe that all possibilities have been exhausted in design of this building. Councilman Welling pointed out that the key word in the Amenities Design Borad ordinance is compatibility and not design, and he indicated that he did not feel that this building is compatible. Councilman Clement thoughtthat a project of this magnitude should have warranted engaging a professional architect, and that he given the circumstances, would not say that this is the only way to design this. The City Attorney then instructed the council on the various ways in which they could act on this matter. MOTION: COUNCILMAN WELLING MOVED, SECONDED BY COUNCILMAN CLEMENT THAT THE DECISION OF THE AMENITIES DESIGN BOARD BE REJECTED ON THE BASIS THAT THE AMENITIES DESIGN BOARD DID NOT MAKE A FINDING, EITHER SPECIFICALLY OR BY IMPLICATION, THAT THIS PROPOSED BUILDING IS COMPATIBLE WITH OTHER STRUCTURES IN THE NEIGHBORHOOD WITHIN THE TERMS AND FRAMEWORK OF THE ORDINANCE. MOTION CARRIED UNANIMOUSLY. DISCUSSION WITH FINANCIAL CONSULTANT RE/WATER CONNECTION CHARGES M.A.A. Ron Whaley said that last time this was discussed, the council suggested that the bond consultant and the Finance Department and some of the builders meet and review the matter. Dick Kennedy, with Northwest Securities, said that basically what they determined was that if the charges are removed or lowered, • the funds will have to be made up some other way. So in essence he advised that MOTION: we retain our present rates. Following some general discussion, COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN CLEMENT THAT WE RETAIN OUR EXISTING WATER RATE SCHEDULE. MOTION CARRIED. Mr. Whaley noted that there was just one builder in the audience. He did say that all the builders were aware of this meeting. PLANNING COMMISSION RESOLUTION 4473 - DENIAL OF PROPOSED AMENDMENT TO ALLOW TAVERNS IN BN ZONE. City Planner, Joe Wallis, said that this matter was brought up by an individual that felt a tavern should be allowed in a BN zone. However, the Planning Commission did not feel that this was advisable. Chief Foster had also been present at that meeting and made a presentation which indicated that he did not consider it to be in the best interests of the public to do this. There was no appeal filed. Tom Carns, was in the audience, and said that he was the only Planning Commission member that voted in favor of a tavern in that location (Westgate) MOTION: as he felt the area was improperly zoned. COUNCILMAN ANDERSON THEN MOVED, SECONDED BY COUNCILWOMAN BRUNS THAT PLANNING COMMISSION RESOLUTION 4473, RECOMMENDING DENIAL OF A PROPOSED AMENDMENT TO ALLOW TAVERNS IN A BN ZONE BE UPHELD. CARRIED. REPORT ON BIDS FOR 2 VEHICLES J. Herb Gilbo, Director of Public Works,reported on the bids for a 1975 3/4 ton pickup (cab & chassis only) and a 1975 mid -sized 4=door staff vehicle. The low bid on the pickup was from Renton Dodge for $4,355.88, including Washington States Sales Tax. The low bid on the 4-door vehicle was McCollum Ford in the amount of $3,864.00, including Washington State Sales Tax. Following some MOTION: discussion, COUNCILWOMAN BRUNS MOVED, SECONDED BY COUNCILMAN ANDERSON THAT WE ACCEPT THE LOW BIDS AS STATED ABOVE. MOTION CARRIED, WITH COUNCILMAN GELLERT VOTING NO. Councilman Gellert had mentioned that he has not seen any graphs • 2950 lately indicating where we stand.financially. Lila Crosby, Acting Finance Director, said that she will provide these. TEMPORARY CONCESSION AGREEMENT FOR EDMONDS RAINBOW GIRLS MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN GELLERT TO APPROVE THIS CONCESSION AGREEMENT FOR THE 4TH OF JULY. MOTION CARRIED, WITH COUNCILMAN WELLING VOTING NO, BECAUSE THERE WERE SEVERAL ITEMS MISSPELLED ON THE APPLICATION FORMI. REPORT ON BIDS OPENED JUNE 19 AND JUNE 23 FOR SALE OF -CITY PROPERTIES City Engineer, Leif Larson, reported that bids were opened by the City Clerk on June 19th for the properties listed below, with bids.received as indicated. loth and Maple $351128 9th and Main 121148 76th and 235th 47127 Mrs. Julia Jensen, the sole bidder, yesterday delivered a letter to the City asking that her bids on the loth and Maple property and 9th and Main property be withdrawn. She was interested in the 235th property if it is the south parcel next to the hurricane fence.. The City Engineer reported that the information contained in the advertisement for call to'bid was correct, but that Mrs. Jensen had viewed the properties very early in the morning when it was difficult to MOTION: determine just what was involved. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO REJECT THE BIDS ON THE 9THKMAIN AND LOTH AND MAPLE AND ACCEPT THE BID ON THE 76TH AND 235TH PROPERTY SUBJECT TO IT BEING THE SOUTH LOT. The City Attorney noted that the Jensen's are legally bound, but the council can release them. THE MOTION THEN CARRIED. • Mr. Larson then reported that one bid was received from Mr. Roy Baker for the property on 15th S.W. in the amount of $2,020.00. Bids for this item were opened on the 23rd of June by the City Clerk at 2:00 P.M. He recommended acceptance of the bid. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN SHIPPEN TO ACCEPT THE LOW BID OF $29020 FOR THE 15TH S. W. PROPERTY. MOTION CARRIED. MOTION: COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN NORDQUIST THAT THE PRELIMINARY PLAT APPROVAL FOR VIEW RIDGE 467 AND BELLINS GARDENS AND THE FINAL PLAT APPROVAL FOR SEAVIEW VILLAGE BE POSTPONED TO NEXT WEEK. MOTION CARRIED. DISCUSSION RE/AMBULANCE SITUATION Fire Chief, Jack F. Cooper, stated that the council had requested that the attorney draw an amendment to the ambulance ordinance. Chief Cooper had provided the council, also, with a rate schedule which will be used by the new owner of Sno- King Ambulance. He stated that the new owner, John Helde, was present to answer questions if any. In reviewing the ordinance, it was pointed out that.it does not prohibit the ambulance company from operating in Edmonds, just from monitoring calls. They can come in on an accident scene if requested by the aid car commander, Fire Chief, etc. Second reading on this proposed ordinance will be next week. LAKE BALLINGER REHABILITATION STUDY - PROPOSED INTERLOCAL AGREEMENT The City Engineer reported on this item, stating that the new agreement for the rehabilitation of Lake Ballinger calls for Edmonds to participate $8,000; Mountlake Terrace, $8,000; Snohomish County, $16,000 and King County Metro, $40,000. Based upon the schedule Edmonds would have to participate $2,000 in 1975; $4,000 • in 1976 and $2,000 in 197'. He recommended that the council authorize the Mayor to sign the agreement subject to participation by other agencies, and also subject to review by the City Attorney. The Attorney, however, reported that he has already reviewed, and that it was acceptable. He questioned the budget and this was discussed. There was also discussion on the rights to the document as far .MOTION: as.patentable results is concerned. COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN NORDQUIST THAT WE INDICATE BY COMMUNICATION TO METRO THE ACCEPTANCE OF THIS DOCUMENT PROVIDED THAT THE SENTENCE IN SEC.VII WITH REFERENCE TO FIRST RIGHTS REGARDING ANY PATENTABLE RESULT BE DELETED AND SUBJECT TO ALL OTHER AGENCIES PARTICIPATING. MOTION CARRIED, WITH COUNCILMAN CLEMENT VOTING AGAINST. PRELIMINARY APPROVAL - HERITAGE PARK, P-1-75. MOTION: COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN ANDERSON TO APPROVE THE PRELIMINARY PLAT OF HERITAGE PARK. MOTION CARRIED. FINAL PLAT APPROVAL - WOODLAND ESTATES 42 The City Engineer reported on this matter and recommended approval and that the MOTION: Mayor be authorized to sign the Final Plat. COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN NQ'RDQUIST TO APPROVE THE FINAL PLAT OF WOODLAND ESTATES 42. MOTION CARRIED. The meeting was adjourned at 11:15 P. M. IRENE VARNEY.MORAN, fity Clerk 1 H. H. HARRISOON ayor ` • P r