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19750805 City Council Minutesdesign would give a better dollar value for putting in this project. He stated that this could be done this year, except for possible railroad negotiations. Councilman Clement said he would vote for this project only if it is to be done this year. MOTION: A motion was made by Councilwoman Bruns, seconded by.Councilwoman Shippen to proceed with the Talbot Road paving and storm sewer project by borrowing thesum of $20,000 from the Water Revenue Bond fund. *A roll -call vote was taken, with Council members Gellert, Shippen, Nordquist and Bruns in favor; Welling and Clement against, and the motion carried. CLAIMS FOR DAMAGES A claim for damages was'acknowledged from Margaret Hill, for spraying of her car by the contractor at the Public Works building, while the car was in the parking lot during working hours. This,was referred to the CityClerk for processing. ADJOURNMENT There was no further business on the agenda, and the meeting was adjourned at 9:30 P.M. EXECUTIVE SESSION Mayor Harrison asked council to retire to his officefor an executive session called by the City Attorney, James Murphy. IRENE VARNEY MORW City Clerk August 5, 1975 ROLL CALL H. H.. HARRISON, Mayor 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 meeting of July 29 had been posted, mailed and distributed, Councilman Gellert said that with regard to the item on page 1 concerning council agendas, no action was taken and this should be noted in the minutes. Councilman Nordquist said that in that event, the agendas should be left as they were, but noted that the Council Participation is on the bottom of the agenda. 'Mayor Harrison suggested that it remain so for the next few meetings to see how things work out. The minutes were then approved. AUDIENCE PARTICIPATION Mayor Harrison noted that the ladies of the Senior Center have remodeled our city flag and he thanked them for doing this, and will send a letter to that effect. Wayne Hall called to the attention of the Mayor and Council an apportunity to take advantage of awards that will be made by the Washington State Bicentennial Commission for tree -planting, beautification and conservation projects. Copies of a letter sent to Dr. Hall from the Office of the'Secretary of State outlining this project were provided to the council. Dr. Hall thought some of the ongoing projects in the city could qualify for some of these funds. He pointed out that the application will have to go into the Secretary of State's Office by August 25th. He. also noted that they will count heavily on local participation. The Mayor has submitted a list of projects that range from $140 to $10,500. This list was given to the Deputy City Clerk and she will provide copies for the council members. Dr. Hall mentioned further that whenever they give funds they give it on a matching basis, and the matching basis can either be money or in - kind. It was also noted that it is hoped that contracts for this will be signed by October 15th. Councilman Gellert suggested that the watershed property might be considered. Councilwoman Shippen, however, thought that.this would be too local a project and suggested the 5th Avenue project. Mary.Anne Gipson, a member of the Beautfication Committee,- thought this would be a MOTION: beautifixl'opportunity to get the trees for the 5th Avenue improvement. Councilman Nordquist moved to place this item on the agenda next week for consideration and selection of a project from the list provided. Councilwoman Shippen seconded the motion. Motion carried. Councilman Gellert suggested that the Park Department be notified that this will be on the agenda and Mrs. Gipson will let the Beautification Committee know. Mayor Harrison announced that there will be no primary election in the City of Edmonds this year as there were no more than two condidates for each office. CORRESPONDENCE Mayor -Harrison announced that a resolution has been prepared in connection with action taken by the Council last week appointing Phil Clement to represent the city at the transportation conference in Everetton the 27th of August. Councilman Nordquist was appointed first alternate. MOTION: Councilman Nordquist moved, seconded by Councilwoman Shippen to pass Resolution #339 appointing Phil Clement to the Public Transportation Conference in Everett. Motion Carried. HEARINGS:. ON�PROPOSED UNDERGROUND LID AND SIDEWALK IMPROVEMENT - 5TH AVENUE S. Assistant City Engineer, Dick Allen, stated that this is actually two projects. One is for the undergrounding of the wiring and the other for the sidewalk improvement. He distributed maps of 314 the area to assist the council in the discussion. Mr. Allen talked about the underground wiring • project first which extends from Elm to the intersection of Main Street. "He projected the cost estimates on the screen which included two proposals involving different types of street lighting. Total city cost for Proposal #1 will be $85,238 using cobra lights and is based on a residential lighting level. Proposal #2 would be a carriage lamp type which would be lower in mounting:.height. The total city cost on this would be #122,629. Mr. Allen said that all of the expenses for the underground conversion system would be borne by the city and the wiring utilities. The property owners would.be responsible for the connection from the pedestals at the street to the individual structures. Discussion followed on the.lighting in general. The hearing was then opened. Mary Ann Gipson said that the Beautification Committee has been in favor of this for years and she thought personally that the Proposal #1 would be the appropriate choice. Bill Brill, represen- tative of the General Telephone Company, read a statement from the telephone company. It said that the proposed ordinance relating to undergrounding their facilities on 5th Avenue without compensation represents unlawful condemnation of property detrimental to the interests of their customers throughout the State of Washington. .They hold the same view of proposed amendments to Chapter 630 of the City Code,and proposed franchise. He said that they will participate inthe 5th Avenue project only to the extent of re -location of their present aerial facilities as nec- essary to accommodate roadway construction, unless there is equitable compensathn for such service. Mr. Brill read further that they do not intend to comply with these ordinances. They have notified the Washington Utilities and.Transportation Commission that they are prepared to take whatever legal action is necessary to protect their property. Mr. McCauley objected to the project. Walt Payne and a woman in the audience inquired about the nctices and Mr. Allen supplied the information requested. Mrs. Gipson commented that the Beautification -Committee is for this project, but that they do not feel that the property owners along 5th Avenue should have a heavy burden. She said that they feel that the whole city should bear this burden, because everyone will benefit. Dewey Leyda asked how service -would come into this building... Some of the paysons in the audience indicated that theywould prefer Proposal #1. The hearing was then closed..Council- man Gellert asked the attorney to comment on the telephone company statement. Mr. Wallace said that the City has the,power to require undergrounding under a franchise ordinance and that it is not a taking of.property under condemnation proceedings. He said that they would be given notice when(�,we go forward with the project. If they refuse to comply then the city would have to obtain . MOTION: an appropriate court order to require performance. Councilman Gellert moved,.seconded by Council- man Clement for the adoption of Ordinance #1781 ordering the improvement and establishing L.I.D. #195; and instructing the attorney to negotiate with General Telephone in order to iron out legal obstacles prior to construction; and adopting Proposal #1. Motion Carried. (Note: Councilwoman Bruns had noted that she would not participate in the discussion on this item as she is a General Telephone employee.) . The sidewalk portion of the project was then taken up. Mr. Allen pointed out the section involved. He said that the total project cost will be approximately $38,000. Mr. Allen said that the notices that were sent out were based upon a 50% participation by the city and 50% by the property owner, so it came out to about #18,500 to each group. The rate is based on $7.17 a zone front foot. He then pointed.out a chart on the board and explained the zone and termini method... The hearing was then opened. Allan Ray, 900 - 5th Avenue,. said that he is in the process of .getting a permit to build on this property and requested that he be deleted from the project. He said that they will be putting in sidewalks and going underground and that he will 'post a performance bond tomorrow on this. He extimated completion of the work within five months. Attorney Wallace stated that action of this kind can be done at this hearing. Mrs. Martha Hamil, 1070 - 5th objected to her assessment as she could see no reason to have sidewalks on both sides of the street when so few people use it. Walt Payne said that he would be interested in sidewalks south of Forsyth. Mr. Hamil reiterated Mrs..Hami1's remarks. Councilman Welling said that he is opposed to this project as it violates our own ordinance. The hearing was then -closed. Various methods for proceeding with the project were discussed, including putting in sidewalks on one side and assessing property MOTION: owners on both sides. Councilman Clement moved, seconded by Councilwoman Shippen to go ahead with the S.I.D, for 5th Avenue as proposed eliminating that portion starting with lot 20 (Mr. Ray's property) on provision that a bond be posted within one week for the improvement and continuing with lots 19, 18, 17, 16, 15, 13, 12 and 11, which is the south of Pine, west side of 5th Avenue, and providing for a 50% zff assessment to the properties 19 through 11. Motion carried. HEARING: ON VACATION OF ACCESS EASEMENT LOCATED IN PORTION OF THE CEMETERY Assistant City Engineer,. Dicky Allen, reported that this is the plat of Heritage Park in the northwest corner.of the cemetery. He said .that an area of the plat .has been cleared for cemetery uses, but there is.still an easement that was granted to the city for policing situation. There is no need for the easement now, and they recommend that it be vacated. The hearing was opened, MOTION: but no one wished to comment and the hearing was closed. Councilman Gellert moved for the adoption of Ordinance #1782.. Councilwoman Shippen seconded. The motion carried. HEARING: LIBERTY CABLE TV Mayor Harrison asked Mr. Henry Gartman, regional manager, to comment.. He reviewed for the audience the action that has taken place to this point in their effort to renew their permit. The attorney reviewed the provisions of the franchi3e. Hearing was then opened. Mary Lou Porter stated that she objected to the increase in the charges as she is already getting Channels 2 and 6 perfectly, and she can see no reason to pay for something she is already getting. Mr. Gartman said that they are trying to improve their service as other customers are not receiving these channels well. Other members of the audience said that they would be willing to pay the extra charge to get better reception. There then followed general discussion on reception in the area. A gentleman in the audience asked if the rate increase was brought about by the undergrounding required by the City. Mr.. Gartman said "no" as they have been operating under these requirements Xor some time. The hearing was then closed.. There was a brief discussion on the time frame in connection with the rate increase and the quality improvement, with Mr. Gartman answering.-Coun- cilman:Gellert asked what kind of reaction was received from -the cards that were sent out to the Liberty customers. Mr. Gastman said that for the most part they were favorable. Mr. Wallace re - MOTION: viewed the_corrections which had been made in the permit. Councilwoman Bruns moved, seconded by C©.uncilman Gellert to pass Ordinance #1783. The motion carried following a roll call vote. Welling, Gellert, Shippen and Bruns voted "yes" and Councilman Clement voted "no". Councilman Nordquist did MOTION: not vote as he was not present. Councilman Gellert then moved,'seconded by Councilwoman Bruns to 315 • authorize the Mayor to issue.a permit in a format provided to us today. Motion carried. Councilman Clement commented that the;reason he voted against the ordinance, is that he is not in favor of automatic escalation clauses, especially in an inflationary period. TEMPORARY USE PERMIT - UNION OIL COMPANY Mayor Harrison said that on September 12, 1972 the Union Oil obtained a temporary use permit from the city for the use of a construction work area on a 'portion of the beach property leased by the city from Union Oil. Now theUnion.0il Company desires.a similar temporary use.permit to December 31, 1975 for the same purpose. The Mayor commented that the Park Director has no objection to the permit. The engineer is requesting authority for the Mayor to execute the permit. Councilman MOTION: Clement moved, seconded by Councilman Gellert that the Mayor be authorized to execute the necessary temporary use permit recommended by the City Engineer. Motion carried. FIRST READING: PROPOSED ORDINANCE TO PROHIBIT PARKING ON PORTION OF 76TH W & 220TH. The Assistant City Engineer stated that this is the recommendation of the City Engineer with regard to the parking in relation to the new signal at this location. The proposed ordinance will come up for seconded hearing on the 19th of August. SECOND READING: PROPOSED ORDINANCE REGULATING RENTAL OF COMMUNITY CLUB FACILITIES FOR PUBLIC AND PRIVATE PARTIES. Mr. Howard Boswell, President of the Maplewood Community Club, said that they object to the $10.00 banquet fee proposed in the new ordinance. The Treasurer, Tom Wallace, also objected to the $10.00 permit fee and felt they would lose rentals as a result of this, Police Chief, Marlo Foster, said that the $10.00 had been his suggestion as he did not feel that you can process these things for less than -that; The City Attorney reviewed the provisions of•the'proposed ordinance. There was general -discussion with regard to the parties held at the club and problems sometimes arising there- from. Councilwoman Bruns suggested that,perhaps members of the club could drop in, -on -some of these parties during the evening. Councilman Gellert did point out that in the minutes of June loth, council stipulated that the banquet permit fee be $5.00. There was also discussion on various organizations who perhaps should be excluded from the permit requirement. Councilman Gellert then moved that the attorney be instructed to change the proposed ordinance reducing the permit fee from $10.00 to $5.00 and excluding churches and schools from the public places. The motion dies for lack of a second.. Councilman Welling then moved to table the discussion. This also dies for lack of a second. Coun- MOTION: cilman Gellert again moved -that the City Attorney be instructed to change the proposed ordinance reducing the fee from $10.00 to $5.00, and excluding churches and schools from the public places. Councilman Clement seconded. The motion carried following a roll call vote. Council members Cle- ment, Gellert, Shippen and Bruns voted in favor and Councilman Welling voted against. Councilman Nordquist was not present to vote. COUNCIL PARTICIPATION,/ . Councilwoman-Shippen suggested that the amendment to the Comprehensive..Park Plan to include the MOTION: Haines and Lambert properties be placed on the agenda. She then moved that the Haines and Lambert properties be discussed next week. CouncilmanGellert seconded, and on call the motion carried. Councilwoman Shippen then -asked -,what is happening on the 7th and Elm property9 Don Burton said that he believes Mr. Garretson is waiting to get a test -back from the Conservation Department. Mr. Burton -said that the tests were taken roughly hbout 60, south of the end of "B" Street on the native soil. Mr. Burton said that the first 140-was native -organic matter (peat); next 18-200 was'sandy loam and down to 500 is -pretty much sand and gravel. In answer to a question on city liability with respect to a slide, the attorney said that if you get a slide that is caused by the placement of fill or the removal of lateral support there would be municipal liability. He said that the removal of trees or brush that created a slide would not necessarily give rise to municipal liability. Mr. DeLiese expressed concern for possible damage to his or anyone else°s • MOTION: property. Councilman Gellert moved, seconded by Councilman Clement to uphold the proposed improve- ment, but not to proceed with it until we have professional soils engineer's opinion -that damage is highly unlikely to Mr. DeLiese°s property on either side of it. Motion carried. Chet Bennett reported on the Hanley Cabin situation and brought with him blown up shots of the interior of the cabin. These were viewed by the Mayor and Council. He said that there are 10 days remaining in which to do something about this. He pointed out that over a week ago the Council asked for citizen involvement to get this done. Mr. Bennett said that we now have the involvement and proceeded to list the business -and city staff people who have promised their support in one way or another. The Mayor said that one of the locations for the cabin that he MOTION: had considered was in Yost Park across from the swimming pool. Councilwoman Bruns moved, seconded by Councilwoman Shippen to proceed with moving the Hanley Cabin to the site north of the museum. Motion carried. It was pointed out that the Amenities Design Board meets tomorrow night and can review this matter. - Councilman Gellert said that aboltt two weeks ago a group --of citizens appeared before the council concerning,the odors emanating from the Lynnwood -Treatment Plant. Due to vacations, nothing has MOTION: been done to this point -about the problem. Councilman Gellert moved, seconded by Councilwoman Shippen to request that the,Mayor or his designee write a letter to the Air Pollution Control Board asking that they investigate the quality of the air emanating from the Lynnwood Treatment Plant, and particularly including also the time when the plant is operating its incinerator. Motion carried. Mayor Harrison -read a letter which had been received from the Urban Arterial Board that they wrotefollowing receipt of notification from the City of Edmonds that we.were terminating all -ag',reements involving Edmonds in the 228th Street UAB Project. They requested an opportunity to sit down with Edmonds, Mountlake Terrace and the County to try to work out some solution to the problem. The Mayor said that perhaps he, the City Attorney, the City Engineer and Rod Garretson could meet with the Urban Arterial Board. The council will be notified when this meeting will • take place so that any council member that wishes to attend can do so. 316 Mayor Harrison said that the Snohomish County Housing and Community Development Board is • requesting a renewal of the interlocal agreement for pursuit of the housing and community development funds for 1976. CLAIMS FOR DAMAGES Council acknowledged receipt.of a Claim for Damages from Richard K. Darrow. .Thia;yas referred to the City Clerk for processing. There being no further business to come before council, the meeting adjourned at 11:15 P.M. IRENE VARNEY MORAW, City Clerk H. H. HARRISON, Mayor August 12, 1975 ROLL CALL The regular work meeting of the Edmonds City Council was called to order by Mayor Harve Harrison at 7:30 P.M. All council members were present, except Clement. Councilman Gellert said that he was asked by Councilman Clement to say that something came up at the last minute so that he could not be here this evening. Councilman Clement said also that he will be on vacation the following two weeks. APPROVAL OF MINUTES Minutes of the council meeting held on August 5th had been posted, mailed and distributed, and with no ommissions nor corrections, were approved as_written. • CITATION FOR PEDESTRIAN SAFETY - Mayor Harrison announced that the city has received a citation for pedestrian safety from the American Automobile Association. He said we have received this several times and it will be placed on the bulletin board. The Mayor displayed the plaque to the council. The Mayor said that it had been suggested that items 4 and 5 on the agenda be turned around, so that the Amenities Design Board members can hear the discussion on the Laebugten matter. Councilman MOTION.40 Gellert moved, seconded by Councilman Anderson to reverse items 4 and 5 on the agenda. Carried. FURTHER EXPLORATION & DISCUSSION ON LAEBUGTEN MATTER City Attorney, John Wallace, explained that the basis of this meeting was to explore whether there is a common ground that can be reached for resolution of this matter short of completion of the litigation. For that purpose it coincided with the Amenities Design Board members being invited to attend the meeting. Notices had been sent to the property owners that appealed from the Amenities Design Board decision, Mr. Kauffmann and his attorney, Mr. Pierson. Mr. Wallace said that no decision could be made at the meeting it is simply to explore alternative methods of construction, or any other alternatives that will satisfactorily resolve the dispute. The City Attorney said the hearing will be conducted with the stipulation that none of the discussion with the council, the Board, or adjoining property owners will be used or referred to in the litigation presently on file with the Snohomish County Superior Court, or any futurelitigation. Mr. Pierson had previously agreed to this stipulation and Mr. Wallace asked him to�reaffirm, which he did. He also stated,,I. that the councilmen who had previously disqualified themselves were told that they could participate as no decision is to be made and none of the evidence can be used in any way by either side in the court proceedings presently pending, or which might arise from the subject matter before the council. • Mr. Pierson,.counsel for Mr. Kauffmann, again agreed to the stipulation that none of the discussion this evening will be used in the present litigation or any subsequent action. He said that this is an effort by the owners to attempt to work out a solution. He asked for the mockup of the building, and this was brought..in. Mr. Pierson said that this hearing was precipitated by a contact with one of the objecting property owners, and that discussion had centered around two possible re -designs MOTION: of the building. He -also indicated that they would like to have as much input as possible. Councilman Gellert moved, seconded by Councilman Anderson to suspend the rules for this item and allow audience participation. Motion carried. Attorney Pierson reviewed the ownership of the wharf by Mr. Kauffmann, who was later joined by Mr. Wills in the enterprise. The proposed building is designed to store 200 boats in lengths from 19' - 23' in four tiers, as compared to 46 boats being stored in the existing building.- They commenced their effort to acquire the construction permit and the necessary Shorelines Management Permit in May a£ 1972. Wright Construction Company, the building supplier entered the picture in January of this year. Copies of a letter to Mr. Pierson from Wright Construction were supplied to the council. The letter explained the work done to date on this project.. Mr. Pierson said the building is 86, wide by 251' long and is 31,6" to the crown of the roof. He said their purpose is to see if some re -design of the building can serve to satisfy both members of the council and the objecting proerty owners. The discussionwith Mr. Kauffmann and a representative of the objecting property owners resulted in two design suggestions. One suggestion was a cantilevered roof and the other was vertical cedar siding on the south and east sides. Cantilevering the roof would require complete re -design of the building and dock, with a heavier supporting structure needed for the increased load. Mr. Pierson invited comments from council or members of the audience. Councilman Anderson asked Mr. Kauffmann to speak to the possibility of removing the old building, t•