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19741022 City Council MinutesC� 191 October 22, 1974 • 1 • 1 1 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 Gellert. APPROVAL OF MINUTES The minutes of the Meeting of October 15 had been posted, mailed and distributed, and with no imissions nor corrections, they were approved as written. COUNCIL PARTICIPATION Councilman Nordquist stated that he had read in this evening's paper that Mountlake Terrace will not be able to finish the 236th project as they are unable to purchase some property needed. The owners of the property passed away recently. Councilman Nordquist pointed out that the Edmonds Council agreed to participate in this project if it was to be completed. He suggested delaying until it can be discussed further. Mayor Harrison read a letter from the Snohomish County Transportation Board wherein they noted that the Transportation Services Agreements between Seattle Metro and Snohomish County jurisdictions expires on the 31st of October 1974. Metro. and members of the county jurisdictions have met and discussed extensions of the_Agr-eementm M.A.A. Ron Whaley reported on a letter received yesterday from counsal for Metro, accompanied by a copy of the amendment to the Transportation Services A reements. The Amendment A reement provides for the continuation of transportation services for a 12 montg period, subject to earlier termination if Metro's accrued operating surplus is expended by crediting against future MOTION: operating deficits. COUNCILMAN WELLING MOVED, 5ECONDED,BY COUNCILMAN NORDQUIST THAT WE ADOPT THIS NEW PROPOSED CONTRACT FOR NOVEMBER 1, 1974 UNTIL THE MONEY RUNS OUT. MOTION CARRIED. Mayor Harrison stated that the Washington State Ferry Concessionaire, Saga Fodd Service of Washington Inc., has applied for a Class D license to sell beer by open bottle only on premises. The Police Chief recommended approval, COUNCILMAN MOTION: WELLING MOVED, SECONDED BY COUNCZLIMAN ANDERSON TO GRANT APPROVAL TO THE FERRY CONCESSIONAIRE TO BE ISSUED A LICENSE TO SELL BEER BY THE OPEN BOTTLE ON THE FERRY. MOTION CARRIED. Mayor Harrison stated that he had a request for a Street Use Permit for a Planter Island at the Texaco Station at 226th Street S. W. and Edmonds Way. The application is for a curb planting area within the right-of-way behind the sidewalk in the northwest corner of 226th and Edmonds'Way. It was recommended that the council grant approval, subject to Amenities Design Board Review. MOTION: COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN WELLING TO GRANT APPROVAL FOR THIS APPLICATION FOR THE PLANTER ISLAND AT THE TEXACO STATION, SUBJECT TO AMENITIES DESIGN BOARD REVIEW AND APPROVAL. MOTION CARRIED. AUDIENCE PARTICIPATION Jane Cunningham, 1040 Grandview, had attended several meetings recently which had also been attended by.neighbors surrounding the Church of God. She said the question had been raised as to whether the tapes of the Board of Adjustment meetings were kept. She asked that the Board of Adjustment be requested to save the tapes for a period of time and make them available to the taxpayers, so that persons going to court would have the use of those tapes. Mrs. Cunningham stated that she was aware that the law does not require a verbatim transcript of the proceedings, but that she still thought the taxpayer should have these tapes available for their own use. City Attorney, John Wallace, noted that if council did impose this requirement, and an appeal were taken, the city would" be required to certify up a verbatim transcript. If any portion of the tape were to be unintelligible, it could be remanded back for re -hearing. Following MOTION: general discussion on the subject, COUNCILMAN WELLING MADE A MOTION, SECONDED BY COUNCILWOMAN SHIPPEN THAT THE BOARD OF ADJUSTMENT MEETINGS BE TAPED AND THAT THE TAPES BE PRESERVED FOR ONE MONTH FROM THE DATE OF THE HEARING AND MADE AVAILABLE TO ANY PERSON REQUESTING THAT THEY BE MADE AVAILABLE TO HIM FOR AUDITING: AND THAT UPON AN APPEAL THAT THE ENTIRE HEARING BE WRITTEN UP VERBATIM, IN ACCORDANCE WITH A WRIT REQUIRING A TRANSCRIPT OF THE PROCEEDINGS BE FURNISHED TO THE SUPERIOR COURT. There was some discussion,,including the possiblity of requesting an opinion from the Attorney General's Office. THE MOTION WAS THEN VOTED UPON AND CARRIED. HEARING: ON ANNEXATION "SEATTLE HEIGHTS" Mayor Harrison stated that this would be a proposed ordinance annexing the above -mentioned property to the city by the petition method, requiring the property to be taxed and assessed at the same rate and basis as other property within the city; confirming the zoning; and fixing -the effective date of annexation. The Mayor opened the hearing, however, no one wished to speak, MOTION: and the hearing taus closed. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN_ WELLING -TO PASS ORDINANCE #1734.. MOTION CARRIED. UNANIMOUSLY. 0 104 UNION OIL DISCUSSION • M. A. A. Ron Whaley stated that he had talked to Bob Woehrmann several days ago, and Mr. Woehrmann said that he intends to be in Edmonds for The Shoreline Management item on the 5th of November. He said that he would stay over --until the 6th to meetin with anyone from the city for the purpose of discussing possible MOTION: annexation. COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN NORDQUIST THAT THIS WILL BE DISCUSSED ON THE 5TH OF NOVEMBER. MOTION CARRIED. MOTION: MOTION: REQUEST FOR RATE INCREASE FROM REID, MIDDLETON & ASSOCIATES The Mayor stated that this request is for that section of the contract dealing with small jobs. They said the hourly rates have been found to be comparable to, or in some cases, lower than other consultants fees currently being charged in the Seattle region. The rates were discussed, however, no action was taken. PLANNING COMMISSION RESOLUTION #454 - RECOMMENDING DENIAL - DECKS TO PROJECT REAR YARD SETBACKS (NO APPEAL RECEIVED) City Planner, Joe Wallis, stated that this matter had been brought.to the Planning Commission at the request of a local builder. He said that it was the consensus of the Commission that this should hot be permitted on a blanket basis, but that each request should be handled on an individual.basis and handled with a variance. COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN NORDQUIST THAT COUNCIL UPHOLD THE DENIAL IN THIS MATTER AS RECOMMENDED IN PLANNING COMMISSION RESOLUTION #454. MOTION CARRIED UNANIMOUSLY. 1 1 SET HEARING DATES: PLANNING COMMISSION RESOLUTION #455-ADOPTION OFFICIAL STREET MAP, CHASE LAKE ANNEXATION AREA. is PLANNING COMMISSION RESOLUTION #456-RECOMMENDING APPROVAL REZONE FROM RS-6 TO RMH ON 3RD AVENUE BETWEEN ALDER & HOWELL. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO SET NOVEMBER 26TH AS THE DATE FOR HEARING ON PLANNING COMMISSION RESOLUTIONS #455 and #456. MOTION CARRIED. FINAL*READING: AMBULANCE ORDINANCE COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO PASS ORDINANCE #1735. MOTION CARRIED UNANIMOUSLY. At this point City Engineer, Leif Larson, went over the 1973 rate schedule for Reid, Middleton &.Associates. After some discussion, A MOTION WAS MADE BY COUNCILMAN ANDERSON THAT THE M.-QUEST FOR INCREASE IN RATES FOR REID, MIDDLETON & ASSOCIATES FOR SMALLER JOBS BE APRROVED: HOWEVER, THE MOTION DIED FOR LACK OF A SECOND. Wayne Jones represented -Reid, Middleton. PROPOSED ORDINANCE AUTHORIZING CONDEMNATION PROCEEDINGS - 196TH AND 220TH City Engineer, Leif Larson, stated that it had been indicated to the Urban Arterial Board that the City Council would pass an ordinance for condemnation for any right-of-way which had not been acquired by the 1st of November. He said that negotiations are still taking place. Mr. Larson pointed out can .a map the properties that have already been acquired by way of easements or .dedications. In reply to a question from'Councilwoman Shippen,.Mr..-Larson MOTION: said that acquisition cost was covered in the original estimate. -.COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN WELLING TO PASS ORDINANCE #1736, AUTHORIZING CONDEMNATION PROCEEDINGS ON 220TH. MOTION CARRIED, WITH COUNCIL- WOMAN SHIPPEN VOTING AGAINST. Mr. Larson.then,pointed out the acquisitions on 196th, and stated that negotiations are still in progress. Mrs. Shippen explained that she was voting "no" because she thought that under present conditions we should be.adjusting.streets to the MOTION: present right-of-way, and not.expanding.right-of-way. .COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN NORDQUIST TO PASS ORDINANCE.#17379AUTHORIZING CONDEMNATION PROCEEDINGS ON 196TH. MOTION CARRIED, WITH COUNCILWOMAN SHIPPEN.VOTING AGAINST. SNO MET RESOLUTION REGARDING SECTION 208 FEDERAL WATER POELUTION CONTROL ACT City Engineer, Leif Larson,.stated that the council has had briefings on this subject from the Planning Departments of Snohomish County and King County Metro. Mr..Larson then read a.memo.which.he had sent to the Mayor and city council. Attached to the memo.was'a.proposed resolution sent by the Snohomish County Planning Department_, along with a request that the City of.Edmonds adopt the resolution supporting 208. Mr. Larson pointed out that &,,great deal of study has taken place with regard to water pollution control ancf waste treatment by various agencies, and he thought these plans and -studies should be utilized in order to cut costs.and avoid duplication.. He -thought the..matter should be MOTION: evaluated and considered.further... COUNCILMAN.ANDERSON MOVED, SECONDED BY COUNCILMAN NORDQUIST TO POSTPONE THE.MATTER FOR FURTHER STUDY. MOTION CARRIED. PROPOSED RESOLUTION SETTING DATE FOR BALLOT,MEASURE This is a resolution submitting to qualified voters on the 4th of February, 1975, the question of whether.the City of Edmonds should adopt a council-manager MOTION: form of government. COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILWOMAN SHIPPEN TO PASS RESOLUTION #317 REGARDING THE COUNCIL-MANAGER ELECTION. MOTION CARRIED UNANIMOUSLY. • 193, At the same election, an advisory ballot will be submitted posing the question of whether the City Council of the City of Edmonds should provide for a full-time Mayor under the Mayor`Couneil form of government, and declaring an emergency. MOTION: COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILWOMAN SHIPPEN TO PASS RESOLUTION #318 RELATIVE TO ADVISORY BALLOT TO BE SUBMITTED TO THE VOTERS ON FEBRUARY 4TH. MOTION CARRIED UNANIMOUSLY. RESOLUTION STATING CITY'S INTENTION TO PROVIDE 50% FUNDING FOR SEAVIEW- SIERRA PARK IMPROVEMENT - PHASE 1 This is a resolution of the city council, stating their intention to provide matching funds for Phase 1 of the Seaview-Sierra Park Improvement Project MOTION: up to an amount equal to 50% of the project cost. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN SHIPPEN TO PASS RESOLUTION #319. CARRIED UNANIMOUSLY. BUDGET DISCUSSION COUNCILWOMAN SHIPPEN MOVED, SECONDED BY COUNCILMAN NORDQUIST TO POSTPONE THE BUDGET DISCUSSION TO OCTOBER 29TH. MOTION CARRIED. CLAIMS FOR DAMAGES Council acknowledged receipt of claims from Doug and Dianne Nuetzmann; Theodore P. Cummings, Jr. and. Leila and Paula Jacobs. These were referred to the City Clerk's Office for processing. Mayor Harrison announced that there would be a brief executive session following the meeting to discuss a tax foreclosure sale.. • There being no further business to come before council, the meeting adjourned at 9:45 P. M. rt 4 IRENE VARNEY MORAN, Ci y Clerk H. HARVE HARRISON, May -or October 29, 1974 ROLL CALL The regular work 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 Nelson and Nordquist. APPROVAL OF MINUTES The minutes of the meeting of October 22 had beenpposted, mailed and distributed, and with no omissions nor corrections, they were approved as written. COUNCIL PARTICIPATION Mayor Harrison nominated John McGibbon for appointment to the'remainiug.position on the Planning Commission. He stated that Mr. McGibbon was formerly on the Board of Adjustment and had expressed a desire to serve on the Planning Commission., The Mayor asked for confirmation of the appointment. MOTION: Mr. McGibbon was in the audience and answered questions from..the council. COUNCILMAN WELLING MOVED, SECONDED BY COUNCILWOMAN SHIPPEN TO CONFIRM THE APPOINTMENT OF JOHN McGIBBON TO THE • PLANNING COMMISSION. MOTION CARRIED. Mayor Harrison then submitted the name of Ed Robinson to serve on the Board of Adjustment, and MOTION: asked.for confirmation of the appointment.' COUNCILMAN GELLERT MOVED, SECONDED BY -COUNCILMAN ANDERSON-TO CONFIRM THE APPOINTMENT OF ED ROBINSON TO THE_BOARD OF ADJUSTMENT. MOTION CARRIED. Councilwoman Shippen asked the City Engineer what has transpired with regard to the landscaping on SR 104. Mr. Larson stated that the State Highway Department-did.not wish to come to any agreement with.the_city dine to a lack of money, so it was just held in abeyance. Mayor Harrison asked Mr. Larson to look into this and report back to 'council next week. Councilman Gellert asked what further action would betaken on the request for rate increase made by Reid, Middleton &.Associates. Mr. Larson stated that they have been asked to re -submit.. Mayor Harrison stated that the IAC has made a switch with regard to the city's application for funding for the proposed Seaview-Sierra Park -Project. Rod Garretson, Director of Parks and Recreation, reported that the IAC had requested that the trail portion be withdrawn, which connected the two parks. In going over the rules, it -was then determined that we were making application for two parks. The IAC then recommended that the application be redone and application be made for one or the other of the -parks. Mr. Garretson decided that Seaview Park should be the one to be done first. He said that he had trimmed the development cost down to approximately $130,000,'Another $15,000 in -kind services -from city forces would'be needed to properly develop MOTION: the park. Mr. Garretson had presented a hand-out to the council, which was discussed. A MOTION WAS MADE.BY COUNCILMAN GELLERT AND SECONDED -BY COUNCILMAN ANDERSON TO INSTRUCT THE CITY ATTORNEY TO PREPARE A RESOLUTION APPROVING THE APPLICATION•TO THE IAC FOR A GRANT FOR PRESENTAOION NEXT WEEK. There was a discussion regarding the'restroom facilities and costs involved. THE MOTION WAS THEN VOTED UPON AND CARRIED 0