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19671205 City Council Minutes397 • committee for the study of garbage disposal. It was moved by Councilman Tuson, seconded by Councilman Kincaid that the appointment of Councilman Slye to the steering committee be con- firmed. Motion carried. HEARING SET FOR FINAL ASSESSMENT ROLL L.I.D. #159 It was moved by Councilman Slye, seconded by Councilman Kincaid that the Final Assessment Roll Hearing for LID #159 be set for January 16, 1968. Motion carried. DRAINAGE PROBLEM - LAKE BALLINGER AREA There were several people in the audience from the Ballinger area. Engineer Larson recom- mended storm sewer construction from Highway 99 to Lake Ballinger to take care of the drain- age problem. However engineering estimates have placed the cost.at $45,000.00, which the City does not have at this time. The Councilmen asked if the County had been approached for help as this is also partly their problem. Mr. Elmer Chase, who lives in the area, asked if some help could be had. The people in their neighborhood have water behind their houses and under their houses. The City Engineer was instructed to meet with the County and do further study on the matter, then bring their findings to the December 5 meeting. FINAL PLAT.- HAINES WHARF #2 A motion .was made by Councilman Bennett, seconded by Councilman Slye that the Plat of Haines Wharf be approved. Motion carried. There being no further business, the meeting was adjourned. Irene Varney Moran City Clerk Harve Harrison, Mayor December 5, 1967 ROLL CALL The regular meeting was called to order by Mayor Harrison with all six councilmen present. APPROVAL OF MINUTES.. The minutes.of the meeting of November 21 had been posted and mailed, and with no omissions nor corrections, they were approved as presented. RESOLUTION COMMENDING HERMAN SATER A motion was made by Councilman Tuson, seconded by Councilman Nordquist that Resolution No. 166 commending Herman Sater following his resignation from the Board of Adjustment, for his long and faithful service to the City of Edmonds be passed. Motion carried. VACANCY - CITY COUNCIL Due to the vacancy of the council seat that had been held by Mayor Harrison, nominations were opened to the Council to fill said seat. A motion was made by Councilman Tuson, seconded by Councilman Nordquist that James B. "Jim" Haines be elected to the Council seat vacated by Mayor Harrison. There were no further nominations and the nominations were closed. Motion carried unanimously. VACANCIES - PLANNING COMMISSION • Mayor Harrison announced the appointment of Charles V. Peterson, 20402 - 86th P1. W. to Planning Commission Position No. 4. It was moved by Councilman Slye, seconded by Council- man Tuson that the appointment of Charles V. Peterson to Planning Commission Position No. 4 be confirmed. Motion carried. The Mayor announced the appointment of Bob G. Dailey, 22902 - 75th Avenue W. to Planning Commission Position No. 5. A motion was made by Councilman Kincaid, seconded by Councilman Slye that the appointment of Bob G. Dailey to Planning Commission Position No. 5 be con- firmed. Motion carried. VACANCY- BOARD OF ADJUSTMENT Mayor Harrison announced the appointment of Richard Swanby, 211 25Lh Avenue N, to the Board of Adjustment to fill the vacancy created by the resignation of Herman Sater. Councilman Kincaid asked.that action be deferred until the December 19 Council meeting because another name had been presented to the Council. RESOLUTION OF INTENTION #215 - SEWERS FOR VICINITY OF 3RD & PINE The hearing on Resolution of Intention #215, proposed sewers vicinity of 3rd & Pine, had been deferred from July 18 meeting. Engineer Larson reported that he has not seen final design for the highway from the Ferry Terminal to Highway 99. The State Highway had ori- ginally informed the interested parties that hearings would be held November 1967 on the proposed route, however a letter had been received from Mr. Foster, State Highway Dept., by the Engineer in which he stated that hearings would not be held until mid -summer 1968. Engineer Larson recommended again delaying the proposed sewer LID until the final design report could be obtained. A motion was made by Councilman Bennett, seconded by Councilman Kincaid that the hearing on proposed Resolution of Intention #215 be postponed until August • 6, 1968, and the City Clerk be instructed to send notices to the interested parties. Motion carried. APPEAL - PLANNING COMMISSION RESOLUTION #249 • City Planner Logan reported on the denial by the Planning Commission to rezone the W. P. Brooks property at 91h and 196!h from BN and RS-12 to RMH9 as described in Planning Commission Resolution #249 - File R-13-67. The Planner showed -the drawings of the area in question and reported on the findings of the Planning Commission. The request for rezone provided for approximately 80 apartment units. The need for that number of additional apartments has not been established, and the traffic situation at that location is very bad. The Plan- ning Commission had also been presented with a petition containing 52 signatures, represent- ing 34 properties in the area, that were against the rezone to RMH. Mr. Tom Dunstan, archi- tect, asked to be heard by the Council. Mr. Dunstan had been retained by the Brooks. He presented a drawing of an apartment complex. The Brooks changed their request to show the parcel of land facing on 90 Avenue to be zoned RS-12 for two lots and the remaining land to be rezoned as originally requested. This would leave room for approximately 50 to 60 apart- ment units with buffer zones. Mrs. Cunningham, 1030 Grandview, stated that the houses on Grandview abut the back triangle of property. She said the property where the apartments would be sits very high and Grandview sits low, so even with a 6 foot fence they would have no privacy. Paul Weaver, 1560 90 Avenue N., stated the commercial area now in existence had been established long ago and was not acceptable to the area, and was against enlarging the area. Councilman Kincaid asked Mr. Logan if the reduction to 60 units would help the traffic situation. Mr. Logan said some, but that it would still be bad. Attorney Murphy stated the policy generally is that if a plan request is altered it is referred back to the Planning Commission to let them pass on the new proposal. After discussion it was moved by Councilman Kincaid, seconded by Councilman Bennett that the recommendation of the Plan- ning Commission Resolution #249 to deny the rezone be upheld by Council. Motion carried unanimously. PLANNING COMMISSION RESOLUTION #250 City Planner Logan reported on the findings of the Planning Commission to rezone on request of Halo Homes, Inc. property described in Planning Commission Resolution #250 - File R-14- 67 from RS-12 to RS-8. The property is bounded on 3 sides by property zoned RS-8 and it was recommended by the Planning Commission to also rezone this property the same. A motion was made by Councilman Bennett, seconded by Councilman Nordquist that Ordinance #1339 to re- zone from RS-12 to RS-8 that property described in Planning Commission Resolution #250, File R-14-67 be passed.. Motion carried. PROPOSED ORDINANCE DESIGNATING PUBLIC BOAT ACCESS AREA ON LAKE BALLINGER A motion was made by Councilman Tuson, seconded by Councilman Nordquist that Ordinance #1340 be passed designating public boat access on Lake Ballinger. Mr. Elmer Chase, who lives in the area, asked if some provision could be made for swimming somewhere. The boat access is the only public access on the lake for swimming. Mr. Chase was told that the area was only 30 feet wide, has.no facilities and no supervision, so it has become a real problem. After discussion the question was called for and the motion was passed unanimously. RESOLUTION FOR FRANCHISE TO OLYMPIC VIEW WATER DISTRICT FOR LAYING SEWER MAINS IN CITY STREETS: Attorney Murphy reported that he had contacted Jim Gay, attorney for Olympic View Water District, but that Mr. Gay has the resolution under consideration and he has not heard from him. Councilman Tuson moved, seconded by Councilman Kincaid that action on the Resolution for franchise to Olympic View Water District for laying sewer mains in city streets be delayed until the City Attorney receives further information. Motion carried. SALARY ORDINANCE Councilman Bennett said he understood at the Council work meeting that it had been agreed the Policewoman position would be a Grade 22, but that the copy of the proposed Ordinance made the position a Grade 20. Councilman Kincaid stated that the raise for the police- woman was a substantial one at Grade 20 and should not go any higher. Councilman Tuson said that the request had been made by Chief Grimstad after careful evaluation. This would also raise the pay of the Policewoman to the same as the Everett policewoman. Councilman Tuson thought the Chief was in a position to know what the policewoman job was worth.' Councilman Kincaid moved the Salary Ordinance #1341 be passed, seconded by Councilman Slye. Following discussion Councilman Bennett moved, seconded by Councilman Nordquist that Salary Ordinance #1341 be amended to show the Policewoman a Grade 22 instead of a Grade 20. Roll call vote had four councilmen voting in favor of the amendment, and Councilmen Kincaid and Slye vot- ing against. Motion carried. The motion to adopt Ordinance #1341 as amended was voted upon, with four councilmen voting for and Councilmen Kincaid and Slye voting against. Motion carried. CORRESPONDENCE A. letter was read from.E. Gordon Roberts, 1828 N. W. 2041b St., Seattle asking about the re- location of 75M Place W. This road was established many years ago, but was not placed on the Right of Way. He asked that it be put in its proper place. The letter was referred to the City Attorney and Engineer for their recommendations. A letter was read from Elizabeth Reece, 9921 Water St., Edmonds asking the contractors for LID #151 to please restore the easement property to its original condition. The engineer was instructed to contact the contractors regarding this problem. AUDIENCE PARTICIPATION Captain Shields asked about the Council decision not to release names of juvenils arrested by police. He said teenagers believe the names should be released because it casts a shadow on all teenagers. Attorney Murphy explained that Juvenile Court proceedings are private and until teenagers are remanded to Police Court on a criminal charge they are a private matter. • REPORT ON DRAINAGE PROBLEM - 234th TO 236th, HIGHWAY 99 TO LAKE BALLINGER AREA . 9 Engineer Larson reported that the estimated cost for intermediate relief to the drainage problem, 234!h to 236Lh, Highway 99 to Lake Ballinger, would be from $3,000.00 to $4,000.00 using City crews and City equipment to do the job. However, Mr. Larson asked that no decision be made at this time on doing the work. He said he was preparing a priority list for storm sewer work in the city, and also financial availability for doing the work. He was instructed by the Mayor to have his list prepared for the December 191b meeting. CLAIM FOR DAMAGES: WILLIAM KING The claim for damages of William King had been deferred from the November 21 meeting. Councilman Tuson stated he believed we had a moral obligation to pay this claim. Building Inspector Slabaugh said he did not think it was -the responsibility of the City to pay this claim. Mr. King had erred in the first place by going ahead -and finishing the chimney after the inspector had stopped the job, and•that it was over three years ago that this had happened. A motion was made by Councilman Bennett, seconded by Councilman Slye that the claim for damages from Bill King be denied. Roll call vote had Councilman Bennett, Slye and Nordquist voting yes, and Councilmen Nelson, Tuson and Kincaid voting no. Mayor Harri- son voted yes to break the tie and the motion carried to deny the claim. REPORT ON BIDS FOR STORM SEWER - 2281b TO TRACTION R/W AT LAKE BALLINGER Bids were opened Monday, December 4, 1967 at 2 P.M. in the..Mayor's Office for construction of storm sewers in the vicinity of 2280 to Traction R/W at Lake Ballinger. Present at the bid opening were the Mayor, City Clerk, City Supervisor, Assistant City Engineer Ron Whaley, Engineer Wayne Jones and representatives from the bidding companies. Bids were received from.:: Tonnesen Construction Co. $12,859.50 • Olympic View Plumbing Co. llt572.50 • 1 City Engineer Larson reported the bids were acceptable in view of the fact the engineering estimate was $14,500.00. However, he asked delay in awarding the bid: until re-evaluation could be made on the amount of the bond issue and how it was to be used. A motion was made by Councilman Nordquist, seconded by Councilman Tuson that awarding the storm sewer bid be delayed.until.the December 19 meeting for re-evaluating the total project. Motion carried. REPORT ON BID FOR 51h AVENUE SIDEWALK LID Engineer Larson reported on the cost of the sidewalk LID for. 5t Avenue. He said Reid, Middleton had..refigured their estimate and found they had shorted the amount of cement needed, so that would.raise the cost.. He also stated that.. negotiations had been made with Almer Construction Co., the low bidder, and that if the City, did some of the fill work be- hind the retaining wall the cost could be lowered about $.500.00.. The engineer recommended accepting the bid of Almer Construction Co. for sidewalk.c.ons.truction Fifth Avenue South. It was moved by Councilman Tuson, seconded by Councilman Kincaid that the Mayor be author- ized to negotiate and evaluate the cost of the LID and enter into contract with Almer Construction Co. for the construction of sidewalks, 5t Avenue South. Motion carried. REVISED K-MART EASEMENT The engineer announced that the Title Co. had requested Reid, Middleton & Associates to do a survey of the K-Mart property and it was discovered that the easements granted to the City of Edmonds for utilities were in the wrong locations. K-Mart will now issue easements for the correct locations and we will return the original ones to them. A motion was made by Councilman Slye, seconded by Councilman Nelson that the City of Edmonds exchange easements with K-Mart for corrected locations. Motion carried. REQUEST FOR HELP FROM SENIOR CITIZEN'S CENTER Councilman Bennett said he had spent several hours at the Senior Citizen's center and be- lieved we should do anything we possibly could financially to help them. He said that if we didn't they perhaps would not be able to continue operation. Councilman Slye said that as Council members they would be exceeding their authority by giving money, and that the Recreation Department did not have the funds to be given. After discussion it was moved by Councilman Slye, seconded by Councilman Tuson that the Recreation Department be permitted to lend any equipment,we have in our possession to the Senior Citizen group to help them get on their feet. Motion carried with Councilman Bennett voting no. HEARING - UNITS 2 & 3 SEWERS Council members were reminded the hearing on Units 2 and 3 sewers will be Tuesday, December 12, 1967, 8 P.M. at the Edmonds Jr. High. There was no further business and the meeting adjourned. Irene Varney Moran City Clerk Harve Harrison, Mayor