19750722 City Council Minutes307
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MOTION:
MOTION:
MOTIONs
MOTION:
Councilman Anderson said that he would like .the road development to be as minimal
as possible to accommodate the best situation for an accompanying pedestrian -
equestrian trail. THE MOTION CARRIED FOLLOWING A.ROLL CALL VOTE WITH WELLING
VOTING AGAINST. Councilman Welling had stated earlier that he objected to PRD's
because all you are.doing to trading off swamps; cliffs and unusable.area and
calling it some benefit.to the City.' COUNCILMAN ANDERSON.MOVED, SECONDED BY
COUNCILWOMAN SHIPPEN THAT WE ASK THE PLANNING COMMISSION TO RECONSIDER -THE REMOVAL
OF THE THREE.PORTIONS OF THE SHELL VALLEY ROAD SYSTEM, NAMELY.THE LIMB WEST OF
THE WESTERLY DEVELOPMENT OF THE SHELL PARK PRD PLAN; THE LIMB LEADING TO BOWDOIN
WAY AND THE LIMB TO THE NORTHEAST BEYOND THE CONFINES OF.THE SHELL.PARK PRD TO,
MAIN STREET. MOTION'.CARRIED. COUNCILMAN ANDERSON THEN MOVED, SECONDED BY
COUNCILWOMAN SHIPPEN TO FURTHER INSTRUCT THE PLANNING COMMISSION TO STUDY ALER-
NATIVE ROUTE OF ACCESS TO. THE DEVELOPMENT OF SHELL VALLEY...MOTION CARRIED.
LYNNWOOD REQUEST FOR FRANCHISE AGREEMENT
The City Engineer reported that Edmonds has received a request from Lynnwood to
construct a sewer main in 68th W, which is a right-of-way located within the
Edmonds city limits. This request is in connection with acceptance by.the City of
Lynnwood of a letter of intent -to annex. Mr. Larson pointed out that any failure
of the septic tank system in this area would drain into the City of Edmonds.
He recommended preliminary approval subject to final Council action, and submission
of final engine#ring drawings in the installation. There was general discussion
on the treatment plant capacity, etc. COUNCILMAN GELLERT MOVED, SECONDED BY
COUNCILMAN ANDERSON THAT WE INDICATE TO CITY OF LYNNWOOD OUR INCLINATION TO GRANT
A FRANCHISE FOR THE CONSTRUCTION OF THE SEWER, SUBJECT TO THE ABILITY OF EDMONDS
TO BE ABLE.TO CONNECT WEST OF 68TH W. MOTION CARRIED.'
COUNCILMAN CLEMENT MOVED, SECONDED BY COUNCILMAN.NORDQUIST TO ACCEPT THE, FEE
SCHEDULE RECEIVED ON THE 14TH OF JULY. MOTION CARRIED. .
Adjourned 10:45 P.M.
IRENE VARNEY MORAN, City Clerk
July 22, 1975
ROLL CALL
H. H,.'HARRISON,
Regular meeting of the Edmonds City Council was called to order by Mayor Harve
Harrison at 7:30 P.M. in the Civic "Center Council Chambers. All council
members were present, with Councilman Anderson arriving at 8:05.
APPROVAL OF MINUTES
Minutes of the council meeting of July 15 had been posted mailed and distributed,
And with no omissions nor corrections, stood approved as written.
COUNCIL PARTICIPATION
Councilwoman Bruns that the City Council thank the members of the
Community Development Task Force via letter for the work done on the proposed
Policy Plan. There was some discussion -about this not being officially com-
pleted as yet, and that perhpas a thank -you might indicate the work is over.
Councilwoman Bruns therefore moved, seconded by Councilman Clement to have the
Mayor write a letter of commendation to the committee, saying thanks up to this
point, and "carry on". Motion carried.
Councilman Gelleittstated that he.had been dismayed to see a "'sanikan".on the
corner at the Perrinville property where the riding ring is located.. He asked
for an explanation of the reason for this. Director Rod Garretson answered that
the Tumbleweeds are practicing there for a show, and they expect a crowd to attend,
therefore this "sanikan" would be there for only a two weeks duration.
Mayor Harrison referred to.the memo.received from Engineer Leif Larson, regarding.
an exchange of properties between the City and Mrs: Donna --Williams. This exchange
would benefit the City by obtaining additional R/W within the projected vicinity
of the Shell Valley Road. The Engineer requested that the Mayor be given authority
to sign the necessary deeds exchanging the properties, subject to the approvalof
a lot line adjustment by the City Planner. Mrs. Williams wishes to obtain a strip
MOTION: of land under the driveway. It was moved by Councilman Nordquist, seconded by
Councilman Gellert to authorize the Mayor to enter into the necessary negotiations
to exchange this property. Motion.carried..
Councilman Gellert said that he had previously -mentioned a reserve fund for fire
equipment,. and Chief Cooper had indicated that there was no reserve fund'for this
MOTION: purpose. Councilman Gellert then moved, seconded by Councilman Nordquist to place
this on the August 12 agenda an item for discussion of reserve funds fnr fire and other
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equipment. Motion carried.
AUDIENCE PARTICIPATION
Attorney Chet Bennett spoke to council regarding a letter he had written on.behlaf
of Mrs. Yvonne Yarno, 8520 Main Street, about people.using easement area on her
and other properties in the vicinity for walkways. Mr. Bennett said he would.
appreciate a revue of this situation, and the city -coming up with a suggestion to
alleviate this problem created by the easement there. He suggested a proposal,
that would protect the city's easement rights and at the same time protect.the
property owners from this invasion of their property by other people: At the
suggestion of Councilman Welling that perhaps the area could be fenced, Chet
Bennett answered that Mrs. Yarno could not afford fencing off her area. Council-
man Gellert, proceeding on the fencing discussion, said that the city would have
no objection to the property owners fencing off their areas if a gate was provided
for the city to get in and service the sewer on the easement. Folliwing some
further discussion, it was decided that this problem would be studied and an
answer given to Chet Bennett:
Captain Sherlund Smith, Acting Chief of the Police.Dept., presented an award.to
Mrs. Donna Williams, who on the eve of July 16, 1975 came to the assistance of
an injured police officer. The accident happened on Main Street, and Mrs..
Williams.used the officer's motorcycle radio to summon help.
A gentleman inthe audience stated that he lived in the vicinity of the Lynnwood
Treatment Plant, and he wished to complain for himself and neighbors about the
odor emanating from the plant. He asked the City of Edmonds for help in getting
Lynnwood to alleviate this odor. He reported that they had worked with Lynnwood
and though they were encouraged by that city, the odor only got worse. Engineer •.
Larson told council that Lynnwood had called for bids on this problem, but then
had rejected all bids. He said he would try to get information from the Lynnwood
Engineer and report back to council. Councilman Clement noted that secondary
sourse pollution regualtions are in effect, and suggested thatperhaps this should
be checked into. There was discussion 1977 completion of secondary treatment
due in accordance with present law; also on the Lynnwood entrance structure cover
and Lynnwood's plan to treat the problem with deodorant at that spot. It was
suggested by Councilman Gellert1,that the City of Edmonds send a letter about this
problem of our citizens from the Lynnwood treatment plant odor to the Puget -Sound
Pollution Control Board:` A woman in the audience askedif something could be done
to control'the odor`'on Saturdays and Sundays by burning only during the
week. Most of the people'in the area usually have company on weekends, and that
seems to be when the odor is most offensive. Mayor Harrison asked Engineer Larson
to contact the Lynnwood Engineer and propose this, asking that they try to control
burning and smoke during the weekends and also try to deodorize.
HEARING ON APPEAL FROM AMENITIES DESIGN BOARD DENIAL RE/KEN'S CYCLE
City Planner Joe Wallis briefed council on the problem to date regarding the
question of natural cedar "shakes or.yellow aluminum fake shakes for'the front
of Ken's Cycle Shop on"Highway 99.
The Amenities Design Board approved the natural shaked, butthe Cycle Shop then
decided that they would prefer the yellow aluminum front to brighten the appeal
of the shop, and give an eye-catching commercial front to attract customers.
Rich Fredl:und, 21208-50th W., Mountlake Terrace, spoke as agent for Mr. Rex Clark
of Federal Way, owner of Ken's Cycle shop. Mr. Fredlund showed samples of -:the
material which was being proposed. He also showed pitures to councl,:of other
Ken's Cycle Shops. Upon request by council, Joe Wallis read the ADB minutes of
May 7. They preferred the natural wood style rather than the yellow metal front,
and had approved this, but the owner then decided on the yellow metal material,
and this was refused by the Amenities Design Board. Mr. Goldsmith, member of the
ADB was present, and he affirmed the above. Mr. Fredlund said thatshop was in a
commercial area and the metal would not be offensive.
Hearing was then opened. No one wished to comment, and the hearing was closed.
MOTION: Councilman Welling moved to affirm the Amenities Design Board derail. This was
seconded by Councilwoman Shippen, and the motion carried.
REPORT ON COMMUNITY MEETINGS RECLEAN -UP OF 7TH AND ELM PROPERTY
Director Rod Garretson gave a brief history regarding the 7th 0 Elm property, noting -that
council had decided not.to sell the land, but retain it as open space. The neighbors had
asked for clean-up and partial.design.on the.property, and Rod had.been directed to meet
with them. He noted that three meetings had been held, and feelings were very strong and
pplarized, regarding the wishes as to what to do with this site. He stated that.there are
tall alders growing on the.property, and some portions overgrown with blackberries. Also,
the ground was wet with springs. One group of neighbors wants to retain the site as is, and
the other wishes to clean up the area.
Rod Garretson added that the County Extension Service had come out today, and determined that
cutting of the alders would not basically cause problems. Some neighbors had complained of
mice and rats4 caterpillars, discarded debris, etc. at the site.
A petition was then presented, signed by a number of .property owners on Elm, "A", 7th, 8th,
"B", and Fir Streets, asking the city to improve and maintain as an open greenbelt space the
city property .in question. •
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Director Garretson then offered.two proposals: (1) City to clean garbage and dead trees from site,
but to otherwise leave site exactly as is for the time being; and (2) City to clean garbage and
dead trees from site, allow neighbors to cut down only the taller trees on the southwestern portion
of the site (and to use as own fire wood), leave the shorter alders found over the entire site as is,
and to replace removed tall alders with 10 more desirable trees, purchased at cooperating neighbor's
expense, planted by city crews but at cooperating neighbors!! expense. He noted that the vote tally
on these two proposals was: 5 preferred proposal 1; 12 preferred proposal 2; and 5 did not vote.
He then asked council to make the decision on what is to be done' Mr. Kribs, owner of property ad-
jacent to the site, spoke to council. He felt the area should be left in its natural state, as is.
He noted the danger for unknowledgeable people to go in there and cut trees, and*to hire it done
would be costly. He submittedad compromise plan - for the people to go into the area, pick up the debris,
and leave the trees and the site as is. Mr. and Mrs. Kribs had also furnished the council with a
typed account of the taping taken at the neighborhood meeting held on July 16, 1975.
Mayor Harrison advised council that the city has a choice of proposal 1 or 2. Jeff Blossey, who
'lives adjacent to the site in question, said it -had been decided at the neighborhood meeting to let
Rod Garretson present the case. 'He added that the signers of the petition present: -,',tonight would
ask to be allowed to move with the help .of a landscape architect, and to hold the city harmless if
anyone might be hurt taking down the trees. Marie King, 713 Laurel, stated she had worked actively
with the tree proposal to be presented to the city on August 12, and that this would cover this type
of problem. She advised council that tree standards"will be drawn up with knowledgeable people in
the field of horticulture, and perhaps this particular site should be postponed until then, which
would result in only one month°s delay for these people in the vicinity.
Councilman Clement commented that we have some obligation to adhere to our own standards of view
protection. Councilwoman SH,ippen said that could only see three views affected by'the trees here;
also that views were not the only issue. Councilman Anderson said he would favor something like
proposal 2, and Councilman Gellert agreed with proposal 2 if'done under supervision of a city
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landscape architect. Councilwoman'Shippen offered the suggestion=that it was a park'maintenance
job, but Councilman Welling asked if we were going to subsidize with park money, and he did not
look forward to spending money on this year after yearn
MOTION:
Following some discussion, a motion,was made by Councilman Gellert, seconded by Councilman
Clement to adopt proposal 2, with the tree cutting to be done -by City crews; the debris removed -
by the neighbors, and the remainder as proposed; with the trees to be planted by city crews 1 -
MOTION:
at the neighbors' expense. Councilman Nordquist then moved to amend the motion, to add that the dollar
" value be set at &70 per tree, and also introduce the factor of 10 trees, with the sum of $350 to
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be deposited with the city until 50% of the work is done.' Seconded'by Anderson. Councilman Gellert
made the comment that this amendment seemed too rigid, and/that good trees are available at lower,';,
as well as higher, cost. Following this., a roll call vote was taken -on the amendment with Council
members,.Welling, Gellert, and Shippen voting against; all others in favor, and.the.amendment carried.
The main motion as amended was then voted upon with a roll call vote, with Council members Clement,
Gellert, Nordquist and Anderson voting in favor; Welling; Bruns and Shippen against, and the motion
carried. They will therefore proceed with Proposal No; 2, with the neighbors to take the branches
to the park for chipping with the city machine, and liability insurance toyrequired.
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REPORT ON FUNDING FOR'RELOCATION OF LOG CABIN
Rod Garretson reported that Mr. Lee Hanley, the log cabin owner, wants the cabin moved as it is
holding up road work on his subdivision. Rod said he had contacted military reserve.units, and
there was a possibility they could lift the cabin with a helicopter. The State Bicentennail
Commission has granted only $2000 toward the project, instead of the $4800 requested from them as
matching money. He added that perhaps the cabin could be moved temporarily and then later have 'it
placed in a permanent spot; and what if Mr. Hanley could be asked to allow the cabin to remain
there until the military could get to it in about a month or two?
im MOTION: There was discussion, and Councilman Welling then moved to abandon the project. This was
seconded by Councilman Clement.. A roll call vote was taken, and the motion failed with
Welling and Clement voting in favor; all other against' Chet Bennett spoke to council on the
MOTION: value of preserving this cabin. Councilman Gellert then made a motion to postpone any action
on this, dependent upon -the Park Director's ability to negotiate a delay with the property owner,
and -work a solution to stay within the budget of $4800 and involve any interested citizens to
help with the project. There was some discussion, and Councilman Gellert decided to reword the
motion. He therefore moved, seconded by Councilwoman Shippen to instruct the Park Director to
investigate methods of accomplishing the whole project, at a cost not to exceed $480o0. Motion
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REVIEW OF ADDITIONAL APARTMENT UNITS IN PRE-EXISTING BUILDINGS
A letter had been received by the Mayor from Chet Bennett, seeking solutions to a problem
regarding the subsequent development of additional apartment units in pre-existing duplex and/or
apartment buildings'. Chet addressed the council and recommended they pass an ordinance wherein
at the time of -the original construction of a multiple unit, the developer would be required to
covenant, running with the land and duly recorded, that only aprescribed number of apartment
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units shall be built and inhabited. This would prevent future owners from being misled and
being in violation of the code. Chet also suggested that the Mayor be authorized to have the
Building Dept. hold on closing up of these units now in violation. He added that he would be
happy to aid the City Attorney in working up a remedial ordinance. Mayor -Harrison suggested going
ahead and perhaps grandfathering in all.violations as of today, and then proceed from this point
with a new ordinance.
MOTION: Discussion followed, and a motion was then made by Councilman Gellert, seconded by Councilman
Nordquist to instruct the Attorney to prepare a proposed ordinance for covenants running with the
property on multiple residential properties, and set a hearing date on this item for September 23.
Motion carried.
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FIRST READING: PROPOSED ORDINANCE REGULATING RENTAL OF COMMUNITY.CLUB FACILITIES
FOR PUBLIC AND PRIVATE PARTIES
First reading was.heard on'a proposed ordinance to regulate rental of community club.facilities
for public and private parties. Second reading will be:•) on.Aug. 5.
SECOND READING: PROPOSED AMENDMENT TO ORDINANCE #492, RE/UNDERGROUNDING
Councilwoman Bruns stated for the record that she would abstain from discussion and voting on
this item, as she iB employed by General Telephone.
Mr. Vince Graham, representative from the telephone company, voiced opposition to the
proposed ordinance.
MOTION: Councilwoman Shippen moved, seconded by Councilman Gellert that proposed Ordinance #1780 be
passed. A roll call vote showed Clement; Gellert, Shippen and Anderson in favor; Welling
and Nordquist against; Bruns abstaining. Motion carried.
SET DATE FOR PRELIMINARY PLAT APPROVAL - VIEW CREEK ESTATES - P-2-75
MOTION: It was moved by Councilman-Nordquist, seconded by Councilman Gellert that August 19 be set as
the date for hearing on the preliminary plat approval of View Creek Estates. Motion carried.
CLAIMS FOR DAMAGES
Claims for damages were acknowledged from: Julie Twitchell., Rosemary Weiss,. and Keith and
Georgia LaBelle. These were against Keyes Construction Co., spraypainting at the Public Works
building, wherein the claimants' cars, prked in the Public Works building parking lot, were covered
with the spray paint. These were referred to the City Clerk for processing. .
MEETING WITH AMENITIES DESIGN BOARD
MOTION: A motion was made by Councilman Gellert, seconded by Councilwoman Bruns that Council meet with
the Amenities Design Board on August 12.at.work meeting. Motion carried.
EXECUTIVE'SESSION
Mayor Harrison reminded council members of the executive session in his office following the
meeting.
There was no further business, and the meeting adjourned at 10:10 P.M.
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TRUE VARNEY MORAN, Oity Clerk H. H. HARRISON, Mayor
July 29, 1975
ROLL CALL
The regular meeting of the Edmonds City Council -was called to order at 7:30 P.M. by Mayor Harve
Harrison. All council members were present except Anderson, who had notified the City Clerk
that he would be absent on July 29 and August 5.
APPROVAL OF MINUTES
Minutes of the council meeting held on July 22 had been posted, mailed and distributed, and
with no ommissions nor corrections, they were approved as written.
COUNCIL PARTICIPATION
Mayor Harrison brought to council attention the memo he had sent each member. He had noted
that as a result of criticism from citizens.7.�regarding.poor control of the council meetings,
and much debate by council, he was proposing rules of procedure for future council meetings.
He then stated these rules: First, a staff member shall introduce the agenda item and give a
recommendation. Second, the.proponents.in the audience will be given an opportunity to speak.
Third, the opponents will be given an opportunity to speak. Fourth, the public hearing
portion will be closed and each council member will be allowed to speak for a given period of
time. At the conclusion of the time allotment, the council will -be asked to take action.
If no action is taken, the matter will be passed on the agenda without action.
No agenda shall exceed fifteen (15) items. All meetings will adjourn at approximately 11:00
P.M. A time schedule shall be assigned to each item on the agenda. The council participation
will be placed at the bottom of the agenda. Mayor Harrison then said he would appreciate
any comments. Councilwoman Bruns -said she was inclined to disagree -with -the fourth item;
that giving councilr,members a given period of time to speak gives no liberation - each member
makes a speech and that's it. She felt some items require a lot of council participation,
and would prefer being able to have back and forth conversation. Councilwoman Shippen
stated that it was very difficult to assign a specific length of time to any agenda item.
Councilman Gellert felt council needed time to ask questions of the staff many times for
clarification. He also noted that you would find audience time far exceeds council time
taken on agenda items, if you would go through the tapes of council meetings, and some of
the most important subjects on agendas come up under council participation, as well, and
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