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19740827 City Council Minutes'171 • MOTION: escalation clause. COUNCILMAN,GELLERT MOVED, SECONDED BY COUNCILMAN NELSON - THAT WE ACCEPT THE LOW BID OF PACIFIC STATES UP TO A MAXIMUM ESCALATION OF 10% AS RECOMMENDED BY THE CITY'ENGINEER ON UNITS 1, 2 AND 3. Following Discussion, THE MOTION CARRIED. Mr. Larson pointed'out that if the price goes"down, Pacific States will reflect it in the quotation at time of delivery. The City Engineer recommended that Units B and C for gate valves, cast iron MOTION: fittings, etc. be'awarded to Western Utilities. COUNCILMAN NELSON MOVED, SECONDED BY COUNCILMAN GELLERT THAT UNITS B AND C BE AWARDED TO WESTERN UTILITIES. CARRIED. PRESENTATION BY.CONCERNED CITIZENS RE/BRICKENWOOD BOYS HOME LOCATION Mrs. Linda MacDonald acted as'spokeswoman for a group in the audience interested in the above -entitled matter. She asked that the council set a date for hearing on the matter, so that they could have time to get additional citizens to come down .to the council meeting. She then read into the record a letter which had been addressed to the Mayor and Council, in which she directed several questions to -the council with,regard to the operation of the Brickenwood Home. The main question seemed to be how the residents"of the home would be classified, ie. roomers or family. Councilman Gellert asked''the'City Attorney to reiterate his remarks of last week in this regard. Attorney Wallace then stated that they would be classified as roomers, since the owner was receiving money for their -room and board; therefore, there would not be more than two roomer's permitted in'the residence"in that zone. He said it is a -matter for the Planning Department and Building Department to determine if this is, in fact, the relationship. There was considerable discussion between the council and people in the audience. Councilman Anderson suggested that the City Planner give a status report on the Brickenwood Home situation at the next -council meeting and.that Mr. Sargeant be invited to attend. During discussions, members of the group asked to be notified of any meetings that will take place regarding'any phase of this • matter. The City Planner had cards which he asked them to fill but for this purpose. PROPOSED UNDERGROUND WIRING ON STH u 1 Assistant City Engineer, Dick Allen, stated that last meeting he reported some preliminary figures on this item, and has since received a letter .from the Telephone Company. He said it comes to a figure of $9.26 per zone front foot to the property owner. It -was agreed to set -this aside until next week :for further action. The attorney will then report and indicate what actions are possible. CLAIMS FOR DAMAGES A Claim for Damages was received and acknowledged from Mr. and Mrs. Lenard Zapara and Mr. William Bell. These were referred to the City Clerk for processing. There was no further business to come before council, and the meeting was adjourned at 10:00 P.M. '�?� '4�j IRENE VARNEY MORAN City Clerk August 27, 1974 7,--)1�4 HARVE R. HARRISON, Mayor ' ROLL CALL The regular meeting of the Edmonds City Council was called'to order by Mayor 'Harve.Harrison at 7:30"P.M. with all council members present, except -Winters and Anderson, who -is on vacation. APPROVAL OF MINUTES Minutes,of the meeting of August 20th had been posted, mailed and distributed, and,with no omissions, nor,corrections, they were approved as written. COUNCIL PARTICIPATION Councilman Nelson reported that he, Chief Foster and "Rod Garretson, Director of Parks and Recreation, met last night with the Port Commissioners regarding the proposed fishing pier. He said they reviewed problems that potentially exist on the fishing pier proposal. The major problem is the parking.in the area, however it is unknown how much parking would be needed to support a public fishing pier on'the north breakwater. Councilman Nelson stated that he made the proposal that the city would take the responsibility for..solving•,the parking problem in'whatever manner we can, and relieve the Port Commissioners from having to consider the matter. The Port Commissioners then submitted for our consideration a proposal that the city, or the city and the Port, purchase the remaining businesses at the-corner:of.Railroad Avenue and Dayton Street (Pointer -Willamette Building) outright for the necessary parking. Councilman Nelson stated that he ,'considered this extremely unfair, and hoped the council would join with him in rejecting this offer to purchase such an expensive piece of property. Councilman • Nelson was of the opinion that the property could be leased - and that there are 172 • MOTION: MOTION: many alternatives. Rod Garretson concurred with Councilman Nelson's opiniono Councilwoman Shippen'thought that a comprehensive plan should be formulated for the Pointer -Willamette property, if it is purchasedo Councilman Nelson read a memo he had received from Rod Garretson stating that Mr. Garretson had received a letter from the State Fisheries Department in Olympia regarding the fishing pier. The letter stated that -the money is guaranteed; and that there is $27,000 designated within the total proposed budget for the parking study and acquisition of parking space, and that this amount is variable; Following discussion, COUNCILMAN NELSON MOVED, SECONDED BY COUNCILMAN NORDQUIST THAT THE CITY WOULD PREFER NOT TO ACCEPT THE OFFER OF;THE PORT COMMISSIONERS, BUT'THAT WE DO -THINK THE'FISHING PIER IS DESIRABLE:*WE-DO WISH TO CONTINUE -PLANNING WITH'THE IAC FOR THE FISHING PIERS WHICH WILL INCLUDE THE STUDY TO.SOLVE THE'PARKING PROBLEM SO THAT,THERE WILL BE NO IMPACT ON MOORAGE CUSTOMERS AND, -;THEIR GUESTSo 'COUNCILMAN GELLERT THEN MOVED -TO AMEND. -WITH COUNCILMAN NELSON SECONDING, THAT THE•CITY WILL MAKE 'EVERY,EFFORT`TO OFFER:A SOLUTION TO THE PARKING PROBLEM. THE AMENDMENT CARRIED, AND THE -MOTION AS AMENDED ALSO CARRIED. Councilman Nordquist stated that he had attended the meeting last Thursday evening of -the Snohomish County Association of Cities and Towns, and that persons attending were quite disturbed at the cutbacks that will be necessary with regard to municipal budgeting. 'He said there was a resolution discussed that the Association of Snohomish County Cities and Towns is requesting the State Highway Commission to approve Urban<System for Snohomish County in accordance with the Federal Highway Act of 1973. COUNCILMAN NORDQUIST MOVED9•SECONDED BY COUNCILMAN NELSON -THAT THIS MATTER BE SET,FOR DISCUSSION AND'REPORT'AT`THE COUNCIL MEETING OF SEPTEMBER 24tho MOTION'CARRIED. Councilman Nordquist stated that he had received a call from a gentleman that is • having difficulty in constructing a retaining wall in a public=.right�of=wayo He asked for clarification on the matter. Planner, Joe Wallis,•repiied that the man.had-been in the Planning Department Office earlier in the'day, and that Mr. Wallis had explained to him that a variance is required under- Sec. 12.03.050 of the Code -in order to construct in the right=of-wayo C6u�cilwoman Shippen mentioned that the Finance Director had provided the council VA11 } with.a budget format, and asked when this coigld�be discussed..:,It was suggested that'this_be placed on -the Septefber 3rd coiincil-agenda.. Mayor"Harrison suggested that'each'council member address a letter -to him containing their individual ideas and he would be glad to review them. Mayor Harrison announced that the City Engineer is requesting that the Final Assessment Roll Hearing on L.I.D; #192 be postponed from September 24 to MOTION: October'lo COUNCILMAN NORDQUIST.MOVED, SECONDED BY COUNCILMAN; NELSON TO POSTPONE THE FINAL ASSESSMENT ROLL HEARING ON L.I.D. 192 TO OCTOBER 19 1974o. CARRIED. Councilman Gellert stated that he was very impressed by the initiative shown by ;the, City Clerk, Irene Varney Moran, in revamping the city filing system without Y ..I �. '_�� _ ,he. aid of an , outside consultant. -; ,+ , HEARING: ON PLANNING COMMISSION RESo #444 - RECOMMENDING -APPROVAL OF AMENDMENT TO COMPREHENSIVE LAND USE PLAN TO CHANGE PRESENT DESIGNATION OF UNINCORPORATED AREA SOUTH OF SR 104 TO URBAN RESIDENTIAL AND MULTI- FAMILY RESIDENTIAL. City Planner,.Joe Wallis, stated that this action was initiated by council directive on the 19th of March, and subsequently was heard by the Planning • Commissiono He pointed out the area under consideration on a map which was placed on the bulletin board. He indicated the zoning in the vicinity, and stated that the unincorporated area to the south is in the city planning area. He stated that single-family detached housing is not a compatible land use abutting a major street or highway. He said that it is the recommendation that multiple -family designation be adopted on this portion'of the Comprehensive Plan t4hich is zoned in a band of 300,feet on either side of'SR104o Mr. Wallis said that they will in the future recommenda separate designation called "Urban Residential",;which is somewhere between multiple -family and single-family densitieso He stated that this designation has been eliminated from the ordinance proposed this eveningo In response to a request from the Mayor, Mr. Wallis read the policy statement in regard to ache urban residential designation; which. will be dwelling units similar to townhouseso The hearing was then opened; however MOTIONP no one wished,to speak9.and the hearing was closedo COUNCILMAN NORDQUIST THEN MOVED, SECONDED BY COUNCILWOMAN SHIPPEN TO PASS ORDINANCE #17269 CHANGING THE DESIGNATION OF THE UNINCORPORATED AREA SOUTH OF CITY OF EDMONDS ABUTTING SR104 TO MULTIPLEmFAMILY RESIDENTIAL. "MOTION CARRIED. HEARING: ON PLANNING COMMISSION RES. #445 - RECOMMENDING'APPROVAL TO ESTABLISH ZONING IN SEATTLE HEIGHTS PROPOSED ANNEXATION AREA FROM COUNTY GC TO CITY OF EDMONDS CG. Mr. Wallis stated that this matter.was heard before the Planning Commission on. June 129'1974.' The location•is north of 212th an'd,west of Highway 99. He pointed area out on the map,' and pointed out the zoning in the area. He recommended amending the Official Zoning Map designating the above -mentioned property City of Edmonds CGo Mayor Harrison opened the public portion of the hearing, however MOTEON: no one wished to speak, and the hearing was closed. COUNCILMAN NORDQUIST MOVED SECONDED'BY COUNCILMAN NELSON TO PASS ORDINANCE #1727. MOTION CARRIED. 173 HEARING: ON PLANNING COMMISSION RES. #450 - RECOMMENDING NO CHANGE TO SEC'. 12.12.070 OF THE CODE (DEFINITION OF•A FAMILY) FILE: ZO-15-74. City Planner, Joe Wallis, stated that this matter came to.the.Planning Commission at the request of a citizen of Edmonds in view of an application we had in the south part.of the city involving, a group home. The council, last week, requested that this be forwarded directly to the council, so that it could be considered this evening. Mr. Wallis stated that he took advantage of the complete library at the offices of the Association of Washington Cities and reviewed several court casesy etc; with respect to a definition of a. family unit. He also reviewed the definitions as set forth by other cities, and did not find any�that were substantially different from ours., Mr.. Wallis stated that the definition of "family"'was borrowed in part from Kirkland,.with-.-some embellishment from the city staff.. Family was defined as: "An individual, or.two or.more persons related by genetics, marriage and including persons under, legal guardianship provided that -persons under such guardianship, if unrelated, can not exceed four, or a group of not more than six persons who are not related.by genetics or marriage. Under either oondition, servants are excluded". Mr. Wallis stated'.that he was recommending denial of the Planning.Commission recommendation.. He also stated that -we should probably have a definition-bf servants as well. Mayor Harrison then opened.the hearing. There was a great deal of discussion regarding the definition, with comments from Mrs. Linda MacDonald; Phil.Bain with the Department of Social and Health Services; Mr. and Mrs. LeFevre;. Jodi O'Brien and also Roland Johnson, an attorney representing Brickenwood Homes. It appeared to be the consensus that this should be looked into further, taking.into consideration the impact on foster homes; etc. In • response to, -a request from council, Mr. Wallis read.a letter which had been received from Mro Sargent, Director of Brickenwood.Boys Home, which explained -how they are compensated for the care of the children.- Mr. Sargent stated that the amounts`varyldepending on actual expenditures. They are allowed a proportionate share of the rent; a fixed amount for food,.clothing and personal incidentals, etc. Following some further discussion, the hearing was closed. Councilman Nordquist thought in view of the fact that the Planning Commission has not heard the new definition.of "family" as suggested by the Planner, that it should go back to the Planning Commission for reconsideration. He therefore, made MOTION: a MOTION THAT THE DEFINITION OF A FAMILY.BE RECONSIDERED BY THE PLANNING COMMISSION. COUNCILMAN NELSON SECONDED. 'Councilman Nelson offered the following addition to the definition given by Mr. Wallis; following the word "marriage "provided that any one foster family home -of not more than six children regulated and licensed by the State, shall be excluded and provided further that any group of not more than six persons subject to licensing requirements by any governmental body shall have such license reviewed and heard by the City Councilman Nelson stated that he is asking the Planning Commission to consider this as his own statement. The MOTION WAS THEN VOTED UPON AND CARRIED. STATUS REPORT ON BRICKENWOOD HOME/REPORT ON GROUP HOMES Joe Wallis, City Planner, stated that he'read the letter regarding the above - entitled home ,during the previous hearing. In said, -in addition-� the Building Official, Harry Whitcutt, paid.a visit to the site and would report. Mr. Whitcutt said that there are three children and one adult supervisor living at the site. He stated that there is an application for additionaliplumbing,, which has not been issued yet. There are plans, to connect to the city sewer. Councilwoman Shippen asked the attorney what the procedure would be if the Home is actually not in compliance with the code. Attorney Wallis stated that they would be asked to come into compliance by the Building Department and Planning Department and given'a reasonable period of time'to'do so. If they did not come into compliance, then the city would have to proceed with appropriate action. Councilman Gellert made a motion to have the city attorney draw an ordinance requiring a'business iicense for group homes, foster home and licenselinstitutions; and that they be subject to council review. However, after considerable discussion, ,he withdrew his motion until the Planning Commission makes its recommendation. REPORT ON SMITH PROPERTY M.A.A6 Ron Whaley reported that several documents had.been provided to the council regarding the sequence of events with regard to this property. He stated that we have no communication from -the Smiths or their legal counsel for some time. Mayor Harrison stated that he would like some guidance as to whether this item - should be placed into the.budget for next year.,. He thought the city could get MOTION: the right-of-way and still have some saleable lots. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN SHIPPEN THAT WE CONSIDER PURCHASE OF THE SMITH PROPERTY AND PUT THE,MONEY FOR THIS PURPOSE IN THE 1975 BUDGET.. Following a brief discussion, the MOTION CARRIED. The appraisal was then discussed, and it was pointed out that the last appraisal was in September 1973. Mayor Harrison thought it would be MOTION: appropriate to authorize a dollar figure for this_purpose. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN GELLERT THAT WE ESTABLISH A PRICE FOR THE SMITH PROPERTY OF $169750 AND NO MORE. MOTION CARRIED. E 14 ENGINEER'S REPORT ON PROPERTY APPRAISAL OF SITE ON 84TH W. RIGHT-OF=WAY • City Engineer, Leif Larson reported on this item, however if was suggested that this.matter be postponed until there is'.a full council presento Mr. Welling stated MOTION° that`he would like to see the appraisalo COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN NORDQUIST TO POSTPONE THIS MATTER UNTIL THE NEXT MEETING WHEN THERE WILL•BE.A FULL COUNCIL. A ROLL CALL VOTE RESULTED IN AFFIRMATIVE VOTES -FROM GELLERT-AND SHIPPEN AND.NEGATIVE VOTES FROM WELLING AND NORDQUIST. MAYOR HARRISON VOTED "YES" TO -BREAK THE TIE AND THE MOTION CARRIED, REPORT ON -REVIEW OF FRANCHISE AGREEMENTS WITH PRIVATE UTILITIES City Attorney, John Wallace➢ reported that the last -franchise agreement with the telephone company had been executed in 1934. This ran for 25 years and expired in This was with the West Coast Telephone Co. At the -present time there is,no agreement between General Telephone Company and -the City of Edmonds. Mr. Wallace stated that:even,though a franchise agreement does not provide for -the re -location at the time'of a.municipal improvement does not provide specifically that a utility must move them, the Supreme Court has held that they must re=locate,them at their own expense and are not entitled to compensation for such cost of re-locationo Mr. Wallace stated that the telephone company indicated that they have not had requdsts>in recent years for franchises. Further information was provided to council via a memo from the attorney to the.Mayor-and each council"member. REQUEST FORBID DATE FOR CONCRETE STORM SEWER PIPE -AND APPURTENANCES 1959. 1 Herb.Gilbo, Director.of Public Works, requested that the council set a bid date for fhe-above-material which is to be used for Olympic View Drive,.86th.West MOTION: and the 1974 storm sewer improvement program. COUNCILMAN NORDQUIST MOVED➢ SECONDED • BY COUNCILMAN WELLING TO SET SEPTEMBER LOTH AS THE BID DATE. MOTION CARRIED. IT WAS DECIDED TO HOLD THE EXECUTIVE SESSION SCHEDULED FOR THIS EVENING AT SOME LATER.TIME, WHEN THERE WILL BE A FULL.COUNCILo There-being.no further business to come before council, the -meeting -adjourned at 10:25 P.M... r; �4 , - -,7 �,� a. 1- 4- - IRENE VARNEY MO City 2 2 Clerk September 3, 1974 ROLL CALL HARV H. HARRISON, Mayor 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 Councilwoman Shippen mentioned the last sentence in the first paragraph -.,under Council Participation in the August 27th minutes; she said that she was referring to the entire area south of Dayton Street and west to the railroad right-of-way, and not the Pointer -Willamette Building. She then wished to make an addition in the second -paragraph following Councilman Nelson°s motion.- She wished to note"that she inquired if -the Pointer -Willamette Building would be included in the parking study and that Councilman Nelson responded that it would. Councilman Nelson stated that it should be made clear that the $27,000 designated for -parking study and acquisition of parking space is, -in fact, guaranteed monies from the IAC; and that money is guaranteed for engineering studies. The minutes had been posted, mailed and distributed; and with the corrections and additions noted, were then approvedo COUNCIL PARTICIPATION Councilman Nelson stated that -he would -like to suggest that the-councii move for the adoption -of a resolution that would -endorse the county=wide publid'trans- portation measure to be on the September 17th primary ballot. Councilman Nelson MOTION° then read the proposed resolution. _COUNCILMAN NELSON THEN MOVED, SECONDED BY COUNCILMAN NORDQUIST TO PASS`REEOLUT'IQId' MOTION CARRIED. Councilwoman Shippen asked the City Planar, if -it would be•possible, in connection with the parking study for the fishing pier, to give the council a.rundown of the parking deficiencies generally along the waterfront. She said she would• like a report on what would be required. Mr. Wallis replied that they could make an analysis and could make some fairly accurate estimateso He thought it would take 3 or 4 man -days to make this study. Councilwoman Shippen suggested that council members read "American Burning", which is available in the Fire Department. It is a report put out by the National Commission on Fire Prevention and Safety. She thought that it would 1 • 1 0