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19750812 City Council Minutes316 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• 17 Mr. Kauffmann said that within five years the dock has to be replaced. He said the project is to completely remove the old building and eventually have two new buildings. The original design of the new builda"ag:_and the final design shown,on the mockup were discussed. The original had a simulated gable done with the use of paint, Keith Goldsmith, said that he did not think the application of wood had anything to do with compatibility, but that the Amenities Design Board was primarily concerned with breaking up this huge mass with some shadows and interest. John LaTourell said that the cantilevered roof proposed this evening was one of the first suggestions made by the Amenities Design Board to Laebugten and it was rejected. Mr. Pierson said the engineers have pointed out that if they did that they would have to start the whole permit process over again as they would have to raise the roof line. He said this could delay the project from one to two years, and felt this was an unreasonable rislC to ask the applicant to undergo. Margaret Bernhoft, also from the Amenities Design Board, said she would concur with the other members of.the Board. She said it had beentheir understanding that the cantilevered roof could not be done. A lady in the audience read a letter from Joann M. Anderson in which she urged that an architect be hired to solve the problems of attractiveness and compatibility. Norma Nelson said it seems that Mr. Kauffmann has gone out of his way to perform all the things required. A gentleman residing at 16220 - ?5th Pl. W., said that if'the old building is to be removed eventually, they could come up with a better design. Cliff Lawson, 16221 - 75th.P1. W., said that the primary objection of the residents that appealed the.Amenities Design Board decision, was that they felt the Board did not make the right dec- ision as the building is not compatible with the old.structure. He pointed out that this involves an addition to an existing facility. He said that these two buildings are not in harmony; and that the dictionary says harmony means "a oneness of the whole". Donna Crawford, 15824 - 75th Pl. W., said that she and her husband'do not object to a boat storage facility, butwould like to see an architect hired to make something very attractive out of this, and that they are confident that it could be done. Further discussion followed. Mr. Kauffmann said that very few architects work for less than 9 - 10% of the project cost and he does not believe he needs one. City Planner, Joe Wallis, who is a registered architect, said he knows several architects that would work on a • consultant basis at a straight hourly fee. Mr. Kauffmann asked to have one of them call him. During further discussion the Building Official, Harry Whitcutt, said that presently the building permit has beendenied because the building is 35' not 311611.' He said that will have to be taken care of before the permit is issued. Mr..Whitcutt said the dock permit is ready to issue, but that they have been advised not to issue any permits. Ed. -Hayes, a Planning Commission member, urged the council to come to some kind of compromise as he feels Mr. Kauffmann has met all requirements. More discussion followed, but the matter was not resolved. A recess followed in order to clearthe chambers. 4 MEETING WITH AMENITIES DESIGN BOARD MEMBERS City Planner, Joe Wallis, introduced three members of Amenities Design Board - Chairman, John LaTourell; Margaret Bernhoft and Keith Goldsmith; Don Westlin and Mike Riqquot were unable to be present,a Mr.fWallis said .that soon after the decision was made by the council regarding the wharf matter, it was thought to be appropriate for the Board and the council to have some informal dialogue, not directed to Laebugten, but to "where do we go from here as far as the regulatory processes design processes. Councilman Welling said that this is a public meeting, and in view of the lit- igation pending felt it advisable to postpone this discussion until after the litigation. The City Attorney.stated again that there will be no discussion of the Laebugten matter or problems related to it. He mentioned that the court hearing is schedule for September 8th. He recommended that we wait and see what the result of the litigation is. Mr. Wallace said that depending on the outcome perhaps amendments may have to be made to the ordinance. There followed a brief discussion on signs. Council asked Mr. LaTourell if he felt the work load oppressive. Mr. LaTrouell' did not feel that it was, but that the Board would like to have some more time to work with the Planning Department." There was not further discussion. DISCUSSION ON RESERVE FUNDS FOR FIRE AND OTHER EQUIPMENT • The Mayor stated that this item was put on the agenda at the request of Councilman Gellert, who had asked for a report on the City°s p%gram established for maintaining depreciation reserves. Lila Crosby, the City Treasurer, summarized her written report which had been provided to Mayor and council. She said that according to RCW 35.21.088, the City has the option of -.determining what equipment to contribute to the Equipment Rental Fund, except for the Street Department, which,.;is mandatory. Mrs. Crosby said that the Fund is being administered pursuant to our Ordinance 1111, adopted in 1965. The ordinance stated thatFire Department equipment shall not be a part of this fund, and that most cities do not include their fire equipment in the fund. She listed four alternatives for purchasing additional and/or,.replacement fire.equipment. One of them was to include the Fire Department in Equipment Rental; the second would be to place cars & pickups in the Fund and exclude the fire trucks; the third would be to issue general obligation bonds for purchase of new fire trucks and the fourth would be to set up an accumulative Fire Department reserve. It.was her suggestion to set up the reserve fund. It was asked why fire equipment was left out of the State Law. Chief Cooper said that when the State Law was passed it was discussed considerably by the legis- lature. They felt that due to the longer life and use of this equipment it woul&)be difficult to arrive at figures to carry over a 20 year period. Another factor is that the I.S. that regulates the insurance rating for the community, has something to say about whether or not a piece of equipment will stay in-service. Chief Cooper reviewed the life expectancy of various.pieces of equipment. He also reported on cost factors for replacement-. A replacement fund was discussed. The Mayor felt that the city was better off on longterm depreciation items to buy them on councilmanic bonds and pay for them with future budgeted money rather than past budget money. Coun- cilman Gellert commended Mrs. Crosby on an excellent report.d, PETITION FOR UNDERGROUND LID - PORTION OF GLEN ELLEN VIEW TRACTS The City Engineer, Leif Larson, distributed copies of the petition received with regard to this matter. He said this plat was accepted into the city in about 19631and has been in various stages of development ever since. The property owners on the inside of the plat now desire 610 undergrounding. It was Mr. Larson's recommendation that we proceed and•authorize the attorney to prepare a resolution for a hearing on the L.I.D., with the entire cost to be borne by the property owners in the plat. He has asked the P.U.D. and the telephone comp4ny;� for some costs on this basis. There was some concern expressed about giving the property owners an idea of the cost before going through4the whole process. Mr. Wallace said that this comes out at the preliminary assessment roll hearing and at that time it is decided whether or not to go MOTION: forward with the project. Councilman Nordquist moved, seconded by Councilman Welling to instruct the City Attorney to prepare a Resolution of Intention for an L.I.D. in which it is stated that 100% be paid by the property owners and setting October 7th as the date for hearing on theprelimina assessment roll. Following discussion, the motion was voted upon and carried.. CONSIDERATION OF BICENTENNIAL TREE AND BEAUTIFICATION PROJECTS Rod Garretson, Kirector of Parks and Recreation, showed the council some sketches of the various tree projects. Drawings had been done.by Mary Michaels, of the Planing Department.. These were reviewed and discussed by the Mayor and council. There was an estimated cost of $70 installed for each tree, which was thought to be --too high. Mr. Garretson did not know the.basis for their _ estimate. Mary Anne Gipson of the Beautification Committee said that it is their recommendation that the 5th Avenue Project be used as the.basis for the grant application. Their second choice would be Edmonds Way and the third, the Senior Center. A lady from the Algona Garden Club suggested the completion of the Main Street plantings from 9th Avenue to the top of Maplewood Hill. She suggested this as one of the projects to consider. The Mayor thought it would be good to make application fora large project with priorities and get as much money as we can. MOTION: Councilman Gellert moved, seconded by Councilwoman Bruns to apply for 5th Avenue from Dayton to Elm as Priority #1; upgrading Main Street from 9th to top of Maplewood Hill as Priority #2; the Senior Center as Priority #3 and the James Street Walkway to the Senior Center as Priority A. Following some comments the motion was voted upon and carried. REQUEST TO SET BID DATE FOR CONSTRUCTION OF STORM SEWERS VICINITY OF MAIN AND 86TH PLACE W. • Mr. Larson requested the bid date, saying that the preliminary estimates are Auite high. He MOTION: suggested going ahead with the bids and making a decision at that time. Councilman Gellert moved, seconded by Councilman Nordquist to set the bid date for August 28th. Motion carried. COUNCIL PARTICIPATION Councilman Nordquist mentioned that on the last page of the minutes from last week re/the 228th UAB that several people were to meet with the UAB. It was noted that "Rod" should have been "Ron". Councilman Nordquist volunteered to participate in this meeting. Councilman Anderson stated that he will be absent on the 26th of August. Councilman Anderson asking about the planting of the islands in Edmonds Way. Mr. Larson said the contract agreement has just beenexecuted by the Stated with the city and the islands will be planted in the Fall. Councilman Gellert asked if the job on the water system has been accepted yet. He thought Engineering should check Meadowdale Beach Road as the crossings have been done in a very poor way. Mr. Larson said they are aware of the situation, and it is being taken care of. Councilwoman Shippen noted that letter from the Soil Conservation Department said that in order to use 7th & Eim as a park and to plant new species of trees, the site would have to be drained by open ditch. She asked if we were prepared to do that. Rod Garretson said that the soil engineer was concerned about whether there would be very much foot traffic, which would bring water to the surface and create a mud problem. There was discussion on what -types of trees would grow there. Leif Larson said that cedar trees Aill grow where alder trees are. Mr. Garretson said they would like to plant low -profile trees and it has been indicated that several varieties will grow there, including vine maple and dogwood. There was general discussion on the runoff problem, pos- sible slides and the hiring of a professional soils engineer. It was decided to proceed with the hiring of a soils engineer. Mayor Harrison asked what fund the money should come from. Councilman Welling noted that it is Water Department property. DISCUSSION ON HAINES-LANDBERG PROPERTIES MOTION: Councilwoman Shippen moved, seconded by Councilman Anderson to instruct the attorney to prepare a resolution to include the Haines-Landberg properties in the Comprehensive. Park Plan. Mr. Garretson said there is an official Comprehensive Park Plan that was approved by the council in 1973. Following further comments, the motion was voted upon and carried. The attorney reminded council that a representative from the IAC will be here next Tuesday at 3:30 P.M. There being no further business, the meeting adjourned at 10:45 P.M. H. 11. H511dSON, Mayor August 19, 1975 ROLL CALL The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison at 7:30 P.M. in the Council Chambers at the Edmonds Civic Center. All council members were present, except Clement, who was on vacation. s