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19730918 City Council Minutes• this proposal was distributed by the Engineering Department. 2.3 CAO Whaley stated that the city has no policy on sidewalks, and it needs one so as to determine responsibility.for repairs and construction. He brought to council attention two cases of past claims for damages from injuries received from tripping and falling on downtown sidewalks. Engineer Dick Allen stated that the present sidewalk ordinance is not compre- hensive enough and not equally applied. He_felt there was a definite need for a program that would define responsibilities. Ward Phillips proposed that curbs be omitted from any sidewalk responsibility of the abutting owner unless a cut is needed. He asked for separation of curbs from sidewalks; that the repair costs be shared by city and owner on a 50-50 basis; recommended holding until further review by the Amenities Board, if created; and that all financing be explored (federal help, if available) before any action is taken. The Engineering Department -will try to refine the proposed ordinance for the September 25th council meeting and consider both inclusion and exclusion of curbs. Dave Larson suggested.allowing,.besides.the regular portland cement as stated, a cut-out block sidewalk,.for example, to lend interest and flexi- bility. Mayor Harrison suggested that.Ward Phillips present a plan on his ideas of sidewalks. DISCUSSION OF YOST PARK ALLOCATION Director of M & 0 Herb Gilbo, presented figures of Yost Park landscaping, and the differences in cost from the original submitted by Talley & Associates • was discussed. There.had been an oversight on the estimate by Talley, and -the matter was taken under advisement. UNDERGROUNDING POLICY - DOWNTOWN AND ARTERIAL AREAS A short report was presented to council, suggesting creation of a 50% city and 50% utility participation in the downtown area and arterials. All other undergrounding was suggested to remain the originally proposed 1/3, 1/39 1/3 participation. MOTEL STUDY Mayor Harrison stated that he feels the need for transient accomodations in Edmonds, and he had asked Joe Wallis to look into this for him. Two proposals had been received for a market analysis for proper location and proper size of units. A comprehensive study by Harris, Kerr, Forster & Company would be $5,000, and Lowenthal & Horowitz quoted a market analysis for $4,000. The Mayor noted that it was a public obligation to do .this, since -industry will not do the study. Councilman Gellert suggested waiting until an Amenities .. Board is created to determine what would be best for the city, and he felt at this time the study would be premature. Mayor Harrison said the firm would only determine what kind of demand there might be and the economic feasibility of such a project. He added, however, that $2,000 would seem to be a better figure for this service. There was no further business, and the meeting adjourned at 12:05 P.M. 1 Irene Varney Moran City Clerk Harve�H.Harrison, Mayor September 18, 1973 ROLL CALL The regular meeting of the Edmonds City Council was called to order at 7:30 P.M. by Mayor Harve Harrison with all council members present. APPROVAL OF MINUTES Minutes of the work meeting on September 11 had been posted, mailed and dis- tributed, and with no omissions nor corrections, they were approved as written. COUNCIL PARTICIPATION Councilman Gellert stated that he would be absent from the next three council meetings, and wished this to be on record. He also mentioned an item in the warrant register that showed Mayor's.expense listed under equipment rental, and had a question on the street'improvement program that showed 7th completed from Bell to Casper. Councilman Gellert also noted that he had not received a copy of the Board of Adjutment minutes since -about last June. The Planning Department will take care of this item; Councilwoman Shippen inquired as to how much money from the UAB funds would be available for beautification. City Engineer Larson will obtain this informa- P 24 tion for her. Councilwoman Shippen also asked who would be doing the planning for this beautification, and was told Reid, Middleton & Associates would be planning the work on 220th, which will include bicycle paths, etc. and this will be in the specifications, with someone being hired for the actual work. Councilwoman Shippen also said that she would hope to see the Community Devel- opment Council review this. She noted that she hoped to see the resolution on Yost Park monies on the agenda two weeks from tonight. Councilman Tuson stated that he.noticed a bill against the swimming pool in the amount of $40.75 for a new starter. Director Garretson will report on this item at the next council meeting. Mayor Harrison reported that for many years the city has been criticized for the appearance of the Edmonds cemetery, which is privately owned and not city property. The Mayor had asked the City Attorney for an opinion on the city's power of condemnation, and the answer had been that the City has great powers with respect to the operation of a cemetery and this includes power of con- demnation of cemetery property. With respect to ascertaining the extent of the land owned by Mr. Baker, a limited liability title report could be obtained from any title company, delineating the various ownership interest in the entire cemetery parcel. Mayor Harrison stated that the unused property in the northwest corner could be used for a ball park; a water system could be in- stalled; and flat tombstones could replace any standing ones to facilitate upkeep. He said it was his opinion that the city should take over the cemetery and he asked that council authorize him to seek a limited liability title re- port and hire one appraisal to be made of the cemetery property. Councilman Tuson said he felt the city could put that kind of money to use elsewhere. Councilman Gellert noted that the Park Bo d\,,,� gwed a unanimous vote against acquisition of the cemetery as related to arTc He added that he saw no benefit to the city in acquiring this property except that it is not at present attractively kept up, but he nevertheless felt that this could be accomplished by other means than purchasing it. He also mentioned the high annual cost of upkeep. Councilman Anderson was interested in what it would cost for an appraisal. Councilman Nelson said he recalled the Park Board did not lend much support to this proposal. He added that he would prefer to see a solid use for it before going ahead and purchasing the property. Councilman Anderson said he was interested in seeing the cemetery improved. Mayor Harrison stated that he would go ahead and seek a limited liability title report from a title company to determine owner- ships. Directbr Rod Garretson commented that the Park Board was concerned about long time maintenance costs. AUDIENCE PARTICIPATION Mrs. Dean, 128 Sunset, told council about use of the narrow alley near her home by trucks, and that the traffic should be using Main Street instead of this alley. She also mentioned that the fountain planned for Fifth and Main could be placed in the triangle at Fifth and Bell, where a mini -park already exists. James Martin had presented a petition to the City Clerk!.s office, with ap- proximately.195 signatures against placing the proposed fountain at Fifth and Main. There followed a great deal- of discussion on the subject, including comments on council members views. Councilwoman Shippen restated her opinion that she was not interested in facilitating traffic through any part of Edmonds. Councilman Gellert told Mr. Martin that he misinterpreted his remark that the petition presented by the President of the Edmonds Chamber of Commerce had represented all the businessmen. Councilman Gellert said that he meant that the Chamber was made up of businessmen, but that he did not mean all businessmen were in favor of the fountain. At this point, Marvin Smith presented a package to the City Clerk for distribution to Mayor and council members. The package contained a parking study report. Mrs. Skonnard spoke on downtown traffic affecting business, and she was opposed to the fountain. Dewey Leyda inquired if the cost of the mockup and workman hours at that intersection was being kept track of. CAO Whaley answered that the number of man hours as well as the cost of the plywood and 2 x 4's were in the records. Following a long discussion, Council- woman Shippen suggested to Mr. Martin that this fountain discussion property deserved to become an agenda item, instead of being brought up under audience participation, and she felt a hearing date should be set. Mayor Harrison noted that perhaps other locations deserved consideration, such as near the ferry dock and the triangle suggested by Mrs. Dean. He thought at a scheduled hearing the three locations could be analyzed. Councilman Nordquist questioned Mr. Martin about his not having been present when the council first was presented with the fountain suggestion and the following meetings when the drawings were shown and council discussed the matter. It had been much publicized. Councilman Nordquist added that this was taking a great deal of time from the council agenda tonight and there were many property owners present from the Chase Lake area waiting for their properly scheduled agenda item, and it was unfair to take so much time under the audience participation item for the fountain. Therefore, he made a motion, seconded by Councilwoman Shippen that a hearing on the fountain be set for September 25. Mr. Martin, however, wanted council to take some definite action tonight, not next week. At this point, Attorney'Chet Bennett spoke to counci1nre9ard to_the fountain. He made the request that council not place this item on the September 25 agenda. He noted that this issue had been heard many times and council had taken action on it; a great deal of work had followed, 1 1 • 1 • 1 0 25 with designs being made and $1200 raised by contribution based on the study and council action.. Attorney Bennett added that if council were to constantly review its former actions and keep.changing its mind, it would never -get any- thing accomplished. He felt this item had been gone over and over and they needed forward moving projects. It was. inconsistent with good planning to have a thoroughfare running through the intersection of Fifth and.Main, and the rapid traffic flow showed on the CBD as stopping at Sixth, so this pro- posed fountain was consistent with what is on the comprehensive plan for the CBD. Mr. Bennett noted that the City Engineer had stated that the fountain would not inhibit traffic flow; Fire Chief Cooper had advised that the snorkel could pass the intersection with the fountain there; and he now felt the issue was closed and should not be reopened via an agenda item because of some opposition and again become a future hassle. Council had made its decision, reaffirmed it, and should now stick to its decision. Ward Phillips stated that thene had been ample consideration on the fountain,.and since it would not adversely affect traffic; the item had involved professional planning; the council had voted.upon it; and he could see no further need to reanalyze. If this were to take place, then anyone could come in and under audience participation, rehear council decisions. Councilwoman Shippen said she was persuaded by the foregoing remarks that council should not rehear the issue at this time,'and she would therefore withdraw her second to the motion. Councilman Nordquist then withdrew his motion. Mrs. Skonnard then stated that she had not been aware of the fountain in the beginning, but she did feel the need for traffic more than anything else in Edmonds. There was no further action taken by council. CONTINUED HEARING.: CHASE LAKE - PROPOSED SEWER LID • Hearing on the proposed sewer LID for the Chase Lake area had been continued to this evening. City Engineer Leif Larson reported that his department had sent a letter to each property owner last week, explaining.LID versus ULID financing. Dr. Hyatt, Snohomish Health District, spoke on the various reasons.why the sewers should go in, and immediately. She cited the failing septic tank drainfields, and noted.that these systems were for rural; not urban areas. With increased building, the soil cannot absorb enough, and the drainfields fail to function, causing the problem found in.the Chase Lake area. She stressed sewering would be the only way to permanently alleviate the bad situation which could cause health hazards to exist. She noted that the Health. District had helped with the annexation petition, and added that, they had been surprised at the cost when the preliminary estimates were mailed. However, she stated that if sewers were not installed, steps would be taken to close the Chase Lake School, and the Health District would place restrictions on sale of properties, rentals, etc. She felt the only argument against the sewering was the cost, but stated that the area would eventually have to sewer and probably at a higher cost in the future. Dr. Hyatt stated that appropriate. action has been taken -thus far, and.she urged a unanimous vote by council in . favor of the ordinance to sewer the area under the health clause, with the hope that the city would offer as fair'a financing as possible to the property owners. CAO Ron Whaley reporte(d-. to council that the city had contacted both HUD.and the Environmental Protection Agency; that the Pure Water Act provided some funds, but for qualified use. The City had been advised that in this instance, there probably would be no help available for this project. City Engineer Larson reminded council of the unsuccessful pursuing of financial assistance for the Meadowdale area. He also told the Chase Lake property owners of the prelim- inary estimate being two or three dollars higher a z.f.f, than the.final on. that particular project. Engineer Wayne Jones from'Reid,.Middleton & Associ- ates, Inc., explained the method:of estimating by the engineering firm, with economic conditions, competition, and a maximum range of 20% in either direc.L-- tion being taken into consideration. Hearing was then reopened. Hal Robbins, 8024 - 213th S.W., stated that there was no debate on the need for the sewers. He read the quoted estimate of $10.00'per z.f.f. in the letter from the Health District that had been sent to property owners before the annexation. He then.filed three letters of protest against the cost being increased from this quote by 150%. A woman asked about the project she ex- plained as being at 44th, 200th and 99, where a homeowner had.told her -the government would be paying for 90% of the sewering. It was later decided that this was a paving project done under.the UAB funding. Don Brown stated that he had been one of the people who had started the whole annexation -sewer process for.Chase Lake. He wanted to verify City Engineer Leif Larson's statement that he had been reluctant to quote a figure for the . sewering of that area; that he had said he would rather not quote a figure; that the proponents of the annexation had insisted; and that the City Engineer then stated that the last figure the city had received was in the $10 to $13 range; that this was prior to the Meadowdale sewering, and the Chase Lake petition had then failed for lack of signatures; that in the meantime, costs had risen on sewering; that when the petitions again were circulated for the annexation, the same figures had been given out, and this had been the problem. The City Attorney explained the protest procedure on LID's and advised that if the council voted unanimously on an ordinance for the sewering, incorporating 0 26 • the health issue, there would then be no protest allowed. However,. the hearing tonight was primarily to decide how to finance it, as the audience was in favor of installation of sewers in the area and realized the need. Mike Goldberg, 21704 - 82nd W., agreed that this meeting was for financing of the project. He questioned if it was standard procedure to quote the pre- liminary estimate publicly. He was assured that this was standard procedure. Mr. Goldberg went on to say that he supported the sewering, and hoped they would be installed as soonas possible. He also hoped that the city would be able to help in some way financially. Mrs. Mickelwaite, 220th and 80th, noted that the streets were being surveyed for widening, and wondered how much that was going to cost. The City Engineer explained that this was UAB widening of 220th, and there would be 90% funding, with a $4.00 per zone front foot cost when the UAB project is done. City Engineer Larson presented an analysis of the costs on the LID, and the same for ULID assessments. There were several questions and answers on this. One man living on 218th asked why the city couldn't put a sewer around Chase Lake and let those who need it hook on, and leave the septic tanks along that. are working properly. Neil Spencer stated that he had lived for 27 years in the Chase Lake area and had been in construction for 40 years, and could not figure how the estimates between two or three people could get so fantastically far apart. Dina Holland asked if she sold a house, who would pay the sewer charge under the ULID. She was told that the assessment would be involved in the closing costs, but the new owner would then pay the monthly sewer charge. One woman was interested in payment of the LID costs without interest charges, and also questioned the Engineer on construction time, etc. A man in the audience stated he hoped the council would vote unanimously to install the sewers - that he had a spptic tank for 22 years and it had never needed pump- ing, but that the area did need sewers, and he.was in favor of them. No one else in the audience wished to comment, and the hearing was closed. Councilman Nordquist stated that he would like to at this time make a public apology to City Engineer Larson. He noted that two weeks ago at the council meeting he had candidly taken the city and Mr. Larson to task in regard to the quoted costs for sewering the area. In the meantime; Councilman Nordquist had done some research and investigation that proved costs had gone up con- siderably during the time the original figure had been quoted and when the same figure was used for the petitioning at a much later date. He hoped for a guaranteed figure and from that point the city could pick up the rest. Councilwoman Shippen questioned Attorney Wallace on the LID and ULID methods and the involvement with a new resolution and an entire new hearing if the ULID method is used, since the resolution was passed With the LID method in mind. Attorney Wallace advised, however, that the council could pass the ordinance for the LID and before the project is -completed, convert to the ULID method. Following some further discussion, a motion was made by Council- man Gellert, seconded by Councilman Tuson that Edmonds assume the $20,000 connection charges from the people already on sewer line and apply this to the LID, and Edmonds assume up to $50,000 of that remaining above the $20.00 per zone front foot maximum charge. Councilman Nelson asked if the question could be divided and have council vote on establishment of the LID with the emergency health clause, with length of time for the bonds as one motion. There followed discussion on this, and the motion and second were then with- drawn. Councilman Gellert then moved, seconded by Councilman Anderson to pass pro- posed Ordinance #1679 with the health and welfare clause. A roll call vote showed all council members in favor, and the motion passed unanimously. Councilman Gellert made a motion, seconded by Councilman Anderson that in addition to the connection charges being applied to the LID, Edmonds assume an additional amount up to $50,000 of the cost above $20.00 per z.f.f., and the bonds be on a 22 year basis. Cpuncilman Nelson noted that federal revenue sharing can take care of just such emergencies as this. Councilman Nelson made a motion, seconded by Councilman Tuson to amend the motion and state that the city participate to $90,000, including the $20,000 connection charges. Mayor Harrison cautioned that this might set a precedent.. Councilwoman Shippen asked if council really wanted to commit itself to $90,000 of Revenue Sharing funds. She said she would rather wait until after budget discussions before committing these funds in any one place. Both Councilmen Nelson and Gellert felt there would be adequate funds available in the city for the participation. Councilman Anderson noted that council must take each problem individually and financial aid in this instance would not have to set a precedent. There was an emergency here and council must act and not deny its responsibilities. CAO Whaley adtsed council that regardless of what amount they decide upon, it would be best not to specify the fund at this time. Call for the question resulted in the amendment carrying and the motion as amended also carrying, both unanimously. Capt. Shields remarked that the�rest of the Edmonds residents would not be as happy as the newly annexed ones, since it would amount to two to three dollars each from city funds being paid to finance this sewer project for' -.them. 1 1 1 I 1 0 27 • SHORELINE MANAGEMENT APPLICATION - CITY OF EDMONDS 1 1 • 1 Assistant City Planner Kay Shoudy presented the application for shoreline management substantial development permit from the City of Edmonds for re- building of the bulkhead at 220 Railroad Avenue, at'the South County Senior Center, Inc. She showed slides of the beach area, zoned commercial waterfront, and stated that the primary purpose of the bulkhead was to protect the Senior Center building. There would be negligible effect to the environment, and the Planning Department recommended acceptance of the application. ' There was some discussion on wooden, as opposed to concrete bulkheads, and Engineer Larson stated that wooden was preferable because drainage was needed between the pilings. Councilman Gellert suggested a future boardwalk would be nice from the city beach to the ferry dock. A motion was.made by Councilman Nordquist, seconded by Councilman Tuson that the application from the City of Edmonds for rebuilding the bulkhead at the South County Senior Center be approved, File SM-4-73. Motion carried. FINAL PLAT - WOODLAKE Engineer Leif Larson reported that he would recommend continuation of this agenda item to the next council meeting on September 25, and it was moved, seconded and carried that this be done. CALL FOR EXECUTIVE SESSION Mayor Harrison asked council members to please attend a'shortexecutive session in the Mayor's office.immediately following the'council meeting. SET DATE FOR OPENING OF BIDS - LID 192 Following request made by City Engineer Leif Larson, it was moved by Council- man Nordquist, seconded by Councilman Tuson to set October 18 as the date for opening of bids on LID 192, Chase Lake sewers. Motion carried. There was no further business, and the meeting adjourned at 10:42 P.M. Jle,�- )20-� l/ Irene Varney Mor , City Clerk September 25, 1973 ROLL CALL z Harve.H. Harrison, 2&7�.Aq Regular meeting of the Edmonds City Council was called to order at 7:30 P.M. by Mayor Harve.Harrison with all council members present except Gellert. APPROVAL OF MINUTES Minutes of the meeting of September 18 had been posted, mailed and distributed, and with no omissions nor corrections, they were approved as written. COUNCIL PARTICIPATION • Councilman Anderson brought to council and Staff attention the quality of the shoulder on 76th W.,* where he had personally helped people a couple of times by having to pull them from the bicycle path, and he stated that he felt either the area should be compacted or posted with 11s6ft shoulder".signs. Director Herb Gilbo explained that this had been discussed at a CDC meeting and it had been the consensus ofopinion to continue widening and live with the present situation until the city comes up with bicycle trail standards. CAO Whaley reported that the bicycle standards had not been completed as yet, but that this problem had been discussed at the CDC meeting and the Staff was aware of. the fact that something must be done. The present surface there was not meant to be acceptable for bikes. Councilman Anderson requested that the worst areas be posted with "soft shoulder" signs until standards can be made for the trails. Mayor Harrison noted that the overlay for Olympic View Drive was scheduled for early Spring 1974. There was discussion on a possible binder or emulsion for a temporary measure, suggested by Councilman Tuson, but Director •Gilbo answered that perhaps the Public Works Department could use some sort of mixture to stabilize the shoulder area until the standards are adopted. AUDIENCE PARTICIPATION Dewey Leyda brought up the question of what he felt would be a problem at the corner of Fifth and Main near the Tot & Teen shop in regard to the fire hydrant, if the proposed landscaping is done in connection with the fountain. City Planner Joe Wallis answered that the crosswalk at the corner would be in accordance with state standards and the fire hydrant access would not be obscured, as Mr. Leyda feared. Mr. Leyda'said he was concerned with the crosswalk area and the drainage there. Mrs. Skonnard again spoke about the fountain proposed for the intersection, and she also agreed with Mr. Leyda that they both had 40