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19750909 City Council Minutes0 3 2'5 MOTION: MOTION: 1 a firm date as to the completion of the remainder of the interchange. Some discussion followed: Councilman Welling said that he thought the City Attorney should look into the whole matter of the change in that area. Councilman Nordquist then decided to withdraw his motion and make a new one. The second concurred. Councilman`Nordquist then ioved,.seconded by Councilman Anderson that we write a letter to Mr. Bogart inviting him to our work meeting of September 9th and ask him to explain the situation at 205th and the new freeway entrance; and also to explain what the plans are for the completion of the interchange at 205th and Highway,199. Motion carried. Councilman Welling then moved, seconded by Councilman Clement to direct the City Attorney to in- vestigate the facts surrounding the change if land in this connection and give' -us his opinion as to whether we have any rights in this matter;,, with a report back in two weeks. Motion carried. CLAIMS FOR DAMAGES Council acknowledged receipt of a Claim for Damages from Phyllis and Cliff Lawson. This was referred to the City Clerk for processing. There being no further business, the meeting was adjourned at 9:35 P.M. NO�;, i. w N, September 9, 1975 (Work Meeting) MayorH. If.'HARRISON, • ROLL CALL The regular'work 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 pre- sent, with Anderson arriving at,9:00 P.M., having given previous notice to the .City Clerk's Office. APPROVAL OF MINUTES Minutes of the meeting of September 2, 1975 had been posted, mailed and distributed, and with no omissions nor corrections they were approved as written. COUNCIL PARTICIPATION Councilman Clement questioned the trees at 7th and Elm being cut down by volunteer workers. -The matter was discussed, with Councilman Nordquist. stating that when the work is completed a substantial barricade should be put up in order to discourage dumping, etc. Mayor Harrisori.said that he could see rio reason why Public Works could not supervise the job, and said further that for the next,,ree- weeks the city will provide a man to supervise the clean-up operation. Councilwoman Bruns mentioned"the memorandum received by council from Mary Lou Block reporting on the Snohomish County Public Transportation Improvement. Conference which was held on the 27th.of August, 1975. A°resolution was pried at that meeting which expressed.the desirability of a public transportation.benefit area to be created within the County. Cities were.asked to respond as to MOTION: their desire to be included inrthe area within 30 days. COUNCILWOMAN BRUNS MOVED, SECONDED BY COUNCILMAN GELLERT THAT WE FORWARD OUR DESIRE'TO THE COUNTY COMMISSIONERS REGARDING INCLUSION IN THE TRANSPORTATION AREA AS YET TO BE DEFINED. MOTION CARRIED. Mayor Harrison announced that Lila.Crosby is being -promoted to the position. of Finance Director for the City,.which.places her;in.a Grade 11 salary classification. He asked for council confirm - MOTION: ation of the appointment. COUNCILMAN GELLERT NOVED,.SECONDED BY COUNCILMAN CLEMENT TO CONFIRM ..w!M APPOINTMENT.OF LILA CROSBY AS FINANCE,DIRECTOR FOR THE CITY'OF EDMONDS. MOTION.CARRIED. Mayor Harrison noted that the Junior'High.School has.been studied for some time now, and that the Arts and -Crafts Building was visited. -by him,.the'Library Board and.several others today and they feel that most of .that building canbe -put on 'a self -supporting -basis. He said that .they were thinking.in ter'ms.of the gyms,, the auditorium; etc. They felt -it could be.administered by the City and probably should be." The Mayor said that a number'.of organizations have expressed interest in working with the .city, -.and the School'District is interested in the city being the -administrator. He said that the city'should think over this aiiount:.of the project very soon and work with the interested organizations, and propose to the School.District that they maintain the exterior of the building. Councilman Gellert said that before we act on this he `'would like to get commitments from these other agencies is -to what extent they will'participate with us. 'He also wanted to know how much remodeling would have'to be done in order for the facility to function the way we MOTION: want. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN NORDQUIST TO PLACE THIS MATTER ON THE AGENDA FOR SEPTEMBER-30TH AND TO GET COMMITMENTS`FROM-OUTSIDE'AGENCIES, AND ALSO A CASH -FLOW PROJECTION. "CARRIED. Councilman Gellert noted that..he will be out of town for two council meetings-- on September 23rd .and 30th. Councilman.Clement.'noted that he will also be out of town on the 30th of September. Councilman Welling said that'sbme time past the question of council salaries had come up, and he MOTION: felt that something should be resolved -on the matter before'the coming elections. ..COUNCILMAN WELLING MOVED, SECONDED'BY COUNCILMAN NORDQUIST TO PLACE`THIS MATTER ON -THE AGENDA'FOR OCTOBER 7TRZ MOTION CARRIED: - 0 32-6 ~Councilman' Gellert said that since Wes, Bogart , wasr in "the, audience, to. participate' in,. Item No. 5, he�'would like to, move- ,agenda" item - no' 11 immediately after. No 5 so that; Mr. Bogart might, also MOTION: participate, in -that discussion. 'HE,'THEREFORE', MOVED,.SECONDED BY'COUNCILWOMAN BRUNS'THAT AGENDA ITEM"#1T BE'PLACED'IMMEDIATELY'AFTER I'Y'L4'#5•. MOTION CARRIED. . CORRESPONDENCE Mayor Harrison announced that, there will.be a council meeting on Monday, November loth because of the. November llth holiday*- Mayor Harrison asked Noelle'Charl'eson,'the.Assistant City Planher,-to comment'on'the-status of the Uniofi Oil Marsh•.. She said'that 'during hearings the Hearing Examiner ruled that it was not an assodiated -wetland and that . it,would not come under the;§horeli,nes Management Act: The Assistant Attorney.,General is..preparing exceptions to the ruling. of the Hearing Examiner,, and -those-exceptions should'be completed some after the 15th They, will then'go the -:Director of the Department of Ecology for ruling. There was'some disbussion'with'regard to the city MOTION:. making application to submit an..amicus.,curiae.. COUNCILMAN GELLERT,MOVED, SECONDED BY COUNCIL- WOMAN' BRUNS...,.THAT SINCE ' THE- CITY COUNCIL OF" EDMONDS-. AND' CITIZENS HAD -A` PART` IN FORMING THE SHORE- LINES MANAGEMENT PLAN AND EXPRESSED GREAT INTEREST'IN THE UNION OIL MARSH, -.THAT THE CITY ATTORNEY OF EDMONDS APPEAR AS AMICUS CURIAE WITH THE ATTORNEY GENERAL IN APPEALING THE HEARINGi,,EXAMINERIS RULING REGARDING THE MARSH.'-,° ` ENGINEER BOGART; STATE HIGHWAY DEPT., TO PRESENT PLANS RE INTERCHANGE AT 205TH•AO HIGHWAY 99 The City Engineer, Leif Larson, • introduced Mr.. Bo.gart,, , and •stated that he, had invited ,Mr. Bogart to attend at the request of.the'couiicil to discuss the interchange and intersection onrHighway 99 and Route 104 and the time'schedule for•the completion of the interchange.` Mr.-Bogart•6aid that it was•h,is understanding that there was some concern about two ramps that had been left out of the in.Aal�construction'of the interchange.�Ifiis was because of budget limitations.. -`'They did do the grading for two ramps and paved.two ramps,, -and there are two.yet to go. The present con- struction should be .completed very soon, said Mr., Bogart... He said- there ,are two ramps that they have.'included'in.the.new'operating'prograT, which was.approve'd by.the Hig4way'C6mmis6ion last month. -This puts back in tie two ramps which had'been left out`and in addition they will also add two lanes of paving. He said that this portion.©ould be under construction the middle of next summer. The Highway Design Engineer, Dick Wilson, placed a map on the.wall- -which indicated that they will.be.paving two lanes under the bridge.., Mr.--Wilson.said.that.this added portion would = probably done 'in"the next biennium; .with possible completion by .fall,. 1977. ' Coun.cilman Gellert said that he felt the left turn :lane soizthbound -on Hl'ghway 99 -arid 205th is"very inade- quate. (The holding lane). Mr: Bogart said ''that the holding lane -will be quite,a way back and that the signal will be phased to handle the traffic as it becomes heavier. Councilman Nordqui'st said that he was',concerned'abo.ut the traffic .that might .be, generated towards .76th West,-becausethe'ramp around.Doces has.not.been completed.. Mr:, Bogart said.that they had looked at this situation and they.did.not.feel.it would increase•the.traffic to'-76th. He said that if they don't get .into too many -problems .they may .be. able to "put that ramp under .construction next summer. Mr. Bogart said that they,may'get-involved in preparing an environmental impact statement on those- two ramps, so he cannot give an ,exact date for.the work to be done.. Mayor.Harrison asked if landscaping would be.included in this phase-.. Mr. Bogart said not in this phase, but -they will do .their usual erosion control which involves. seeding azid ;mulching'the- slopes. Councilwoman Shippen asked how funds are allocated with Mr. Bogart...e'xplaining...' REPORT ON APPEAL ­PROCEDURE RE HIGHWAY DEPT..--196TH EXTENSION Councilman Gellert .said that he had heard .from'.one of hi.s :sources that if we want to appeal, we should write a' letter to Mr. Parker,.: who is- the. Chairman 'of the- Highway-- Commission, asking to be put on the. agenda.. Mr: Bogart said that..the next mee.ting,'is in Olympia.on the 15th of.September.. TYie following meeting"would also be in Olympia on the-3rd Monday'of October.. Mr.. Gellert said that in the letter we shouldd-refer to the extensive studies*we made and the citizen involvement; and that we followed all the steps of the,action plan, and that the .cost of our plan is less. He also thought,we should get our -legislators involved.' He.thought perhaps we could get the Interim Regional Development Plan modified. Mr.. Bogart mentioned that -he did not include in his letter of August ',22nd was the information that they did not get under way in .173�175,.'and.the .fact ;that they are running quite.short of funds -.'that money has now been removed and it not.included in their ..present operating program.'for' the ,next'.two .years. . Mra Shi.pperi asked Mr. ,Bogart what. he meant by "s hemming in". ;°He. aid that -'when -you have- development on both sides, that represents something that you ,will -.have to live with .for .many,' many years: Some further discussion followed.. COUN- MOTION: CILMAN GELLERT MOVED, SECONDED-BY'COUNCILWOMAN.SHIPPEN THAT THE MAYOR WRITE A LETTER TO MR. PARKER CHAIRMAN OF THE STATE.HIGHWAY.CQMMISSION.REQUESTING THAT THE COMPLETE'CITY PLAN FOR -STATE ROUTE 524'FROM-..81ST TO.THE`WESTERN TERMINUS-BE.PLACED'.ON.THE AGENDA OF THE HIGHWAY COMM- ISSION IN:bCTOBER AND THAT COPIES. OF'THAT-LETTER BE SENT TO'EACH STATE.LEGISLATOR AND THE BUGET SOUND GOVERNMENTAL CONFERENCE;,' AND',-THAT"STATE LEGISLATORS :BE `INFORMED VERBALLY SO`THAT THEY CAN HELP AND POSSIBLY ATTEND THE'HIGHWAY,MEETING IF THEY CHOOSE. 'MOTION CARRIED,. .228TH..-. 236TH UAB PROTECT - City Engineer, -Leif Larson reported on this item and stated that our original partidipatibn-in. this program :was based;upon.the city getting a completed facility. Mr..Larson said.that,Mount- lake Terrace"did not perform, •so last budget year it was deleted from the budget. He said that during a meeting last Thursday,.. Mountlake Terrace suggested that,the City.of•-Edmonds commit it- self to not more than.$40,000 and Mountlake Terrace would complete the proj.ect.'',Mr.- Larson said that $'�4,000'.has already Been spent, so he recommended 'making an -offer to Mountlake Terrace that we will- spend $35,000­ only -after contract for massing' link has been ordered: Folloiaingsome r 327 1 1 'MOTION: further discussion, COUNCILMAN GELLERIT MOVED, SECONDED'BY COUNCILMAN CLEMENT--THAT"THE'CITY'RE-AFFIRM ITS:OBLIGATION TO SUPPLY_.NO MORE THAN $35;000 CONTINGENT UPON'COMPLETION­OF THE UAB•PROJECT BY AMEND: DECEMBER 31, 1978..,COUNCILMAN a ENENT.MOVED TO AMEND, WITH A SECOND BY COUNCILMAN ANDERSON TO BRING - THE AMOUNT FOR COMMITTMENT•TO,,$27,200 IN,ADDITION`TO THE $4,000. THE AMENDMENT -,WAS VOTED UPON AND CARRIED WITH BRUNS VOTING.AGAINST. THE'.MAIN•MOTION:WAS THEN.VOTED UPON AND CARRIED'WITH­W=ING AND -SHIPPEN =VOTING. AGAINST, FOLLOWING _A ROLL CALL VOTE: MOTION: MOTION: MOTION: MOTION: MOTION: • 1 MOTION: DISCUSSION ON REQUEST FOR LEGISLATION TO ALLOW INITIATIVE & REFERENDUM City Attorney, John Wallace, -via memorandum to 'the' Mayor and Council, advised that there. were three methods for accomplishing the above action, petition method by public; resolution method and election method.- He also reported on the various steps involved for proceeding with each of the methods. He also enume'ratedcertain types•of ordinances that wx ould-be.ecepted. Council woman Bruns said :that,she'`tgA4" 8 to.•be in favor because citizens.seem to have'more-of "a say in their government:. Councilman.Welling said it. puts a "brake",.on':-our legislative..processes. COUNCILWOMAN BRUNS MOVED, SECONDED BY:G0UNGILWOMAN SHIPPEN THAT WE SET A PUBLIC. HEARING OCT•7TH ON .THE QUESTION OF CREATING INIATIVE AND REFERENDUM POWERS FOR THE CITY OF EDMONDS. 'A ROLL CALL VOTE RESULTED IN "no_'' VOTES FROM WELLING,. • CLEMENT AND GELLLERT, . WITH .THE REMAINING MEMBERS VOTING IN FAVOR... AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT FOR_'.-FACILITY.PLANNING.FOR EDMONDS AREA ..Ci.ty...Engineer, -Leif Larson, placed a• map on -the board and.. indicated the planning area. - : He said that this would .be Step #l'in conforming with Public Law 92-500 for eventually providing secondary treatment.. He recommended that the Mayor be authorized to execute the documents on behalf of the city.- He said;that the request'for grant requires a resolution and he will bring.that requat to the next council meeting: COUNCILMAN GELLERT MOVED,: SECONDED•BY COUNCILMAN ANDERSOIV THAT THE MAYOR BE AUTHORIZED,TO.SIGN-THE INTERLOCAL AGREEMENT•FOR,FACILITIES PLANNING.STUDY.FOR-.CITY OF EDMONDS WASTE TREATMENT; � MOTION CARRIED,. WITH. NORDQUIST VOTING AGAINST.. 174TH RIGHT-OF-.WAY._DESCREPANCY & HINTON HOUSE The City Engineer reported on this item, which had also been provided to the ,council in written form iria memo. He said they are approaching an agreement whereby Mr: 'Brockman would 'dedicate 30 feet<of right-of-way for., 174th_Street over.the.present pavement,-the.!boundary.line between Nasby and Brockman would be adjusted southerly and the city would return an unused right-of-way to Mr:.Nasby.- COUNCILMAN GELLERT'*MOVED,.SECONDED BY-COUNCILMAN'NORDQUIST•THAT,WE.INSTRUCT THE ATTORNEY TO PREPARE A CONTRACT 1"ROCKMAN, NASBY,,CITY OF EDMONDS PROPERTY ALONG RECOMMENDATIONS OF CITY ENGINEER; SAID.CONTRACT.TO.STATE THAT-CONTRACT;MUST-HAVE APPROVAL -OF ALL THREE .PROPERTY OWNERS.. MOTION'. CARRIED.' .'. Mr._Larson then explained the situation -with the Hinton House, which is.located.in the city right- of-way:.'He recommended that.the City Attorney investigate the-legal.methods of relocating -the Hinton House at little •cost.to the city. One neighbor who'was present said that they also want the problem solved as he is paying taxes on property that is four feet into the Hinton House. The City -Attorney -ex plained adverse possession and the .action that.can betaken. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN -.CLEMENT THAT -IT IS THE POLICYOF THE EDMONDS-CITY COUNCIL•NOT TO HAVE HOUSES IN THE CITY RIGHT-OF-WAY. MOTION CARRIED. REPORT,FROM ENGINEER -ON OLYMPIC VIEW.DRIVE STORM SEWER BID RE-EVALUATION -Mr:-Larson said.that•-in going over.the bids, it,was determined -that they.could reduce the size... of the drainage structure and reduce the amount .of -the bid,. by $4,,.000,,.,and- do the .job with city.. forces. With the .bid as submitted and . the proposed -change order -it was. discovered -that the contractor can do.it•for about the same.price as the city. ..He therefore, recommended award to the low bidder; Tri-State Construq tion, subject to negotiating the change order.on the storm sewers. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMEN GELLERT TO AWARD THE BID TO TRI- STATE CONSTRUCTION, SUBJECT TO NEGOTIATING THE CHANGE ORDER AS RECOMMENDED BY THE CITY ENGINEER. MOTION CARRIED.. REPORT.FROM POLICE.CHEEF,.ON SEATTLE LICENSING OF TERRYIS TOWING RE TOW TRIICK•APPLICATION Chief Foster reported that -he -was asked -to check with the Licensing Division for the City of Seattle. *He said that he.was told the applicant had been issued•a•temporary permit on the 6th- of August, 1975 which expired on the 31st of August.,, which:,mea.ns that on the night of: -September, 2, 1975 the license had expired. That was the evening when this'application was heard by the council.. Chief Foster said that he made a call to the City of Seattle Licensing Division as of 3:45•P..M. this afternoon, and was advised that Mr. Heston has not been issued a Tow,Truck Operator's License in the -•City of Seattle. Attorney for Mr. Heston Cyrus.Dimmick presented a Tow. Truck License .by the City of Seattle .which was .issued on August 25, J975 -and .expires on August 31, 1976... Chief Foster.said thst it was his understanding;.thatthis was contingent upon the issuance of .a..For Hire Permit..- .Mr. Dimmick, stated. that • Mrs .Heston .has -a For. Hire,.Lieense which is good until September 18, 1975. .Mr. Heston presented this,:and,.also stated.that.he has been operating in and out of Edmonds under the name of Ed -Lynn Towing for six months. Mr. Heston was asked why he had an answering service for an address. -He said that:he was then living in Seattle, but in order to be licensed in Lynnwood he,had to have a Lynnwood address. Chief. Foster said that the report -from the supervisor of the Licensing Division in Seattle,indicated-- that there was a temporary .For Hire.`License issued_,.,,and.the ability to". o retain the. towing license was based on the fact that the temporary; For Hire License would -.be changed .to .a Permanent Fors.-.. Hire License. He said that .as of .3::,4.5��-this afternoon that has. been disapproved, •and Mr'.:Heston does not have a For Hire License- in the: City'.of :Seattle. ' .He..did not know .if Mr. Heston was in possession of this that .he did not know .the method'of.notification,. but the Mr..Rod-.Hiley, had.said this afternoon that there is -no -license of a permanent naturethat will issue to.Mr.-Terry Heston. -The City Attorney suggested.that this matter,be continued so that this new -matter -can be resolved. COUNCILMAN'IGELLERT�MOVED, SECONDED BY COUNCILMAN CLEMENT TO CONTINiTE THIS.MATTER TO SEPTEMBER-23RD. MOTION CARRIED. 0 328. . : CLAIMS FOR DAMAGES Council acknowledged receipt: of a. Claim"for Damages from 'Mrs., Fred.,$aling.. '..This:was..referred to the. City Clerk for processing. The.City Engineer notified that the protest .period has expired.on the LID-195, underground wiring for 5th Avenue;. One protest was received-, so they are proceeding with the improvdments including the sidewalk project.., The meeting adjourned at..10:25 P.M., and re -convened in the.Mayor's Office for an Executive Session. .IRENE Clerk .. . .VARNEY "MORAN City September 16, 1975 ROLL CALL The regular.meeting of_the Edmonds City Council was called to order by Mayor Harve Harrison at 7:3&-P.M. in --the. Council--Chambers--at the -Edmonds Civic Center. •---All -council • members, were -present except Nordquist•;-- .&6 had notified'th'e City Clerk. APPROVAL- OF- MINUTES= The minutes of fle meeting -of September 9, 1975 had been -posted, mailed and distributed. Councilman Gellert stated that -on page 3;• 228-236th UAB Project, the motion should also contain the statement ; that "these would be the last monies spent'by the City of Edmonds". Councilwoman Bruns said that it was Shippen that voted against and not Bruns. The minutes were then approved. COUNC•IL' •PARTICIPATION•. 'Councilman Clement said that -he will also -be -out of town on,the-23rd in addition•to-the 3Oth. 1 1 Councilwoman Shippen said that she will not be at;the meeting on -the 23rd of -September. Councilwoman Shippen said that -she would like to discuss -decorative streets lamps for 5th Avenue from Main to Maple or Alder, depending on cost. She asked that this be placed on the agenda for the 30th of September work meeting. She said that we still have some funds in the Underground Wiring. - Councilman- Gellert • said • that• •he would -not be.at the- meeting •on• -the - 30th and therefore expressed his concern for depleting that fund as other projects may come up where this fund may be needed. Council'man`Gellert said that he has -heard many complaints with -regard to underage -children running motocycle's in the woods,•a park area, etc:- Chief Foster said that -our ordinance -requires that anyone riding a motocycle on vacant property -have permission from the property owner.- He said that in most cases they find the child does not have permission, and he is advised to stop or be subject to violation. Building .Official,..Harry Whitcutt, said-.ihat tlie` major complaint -.is with the moise. The City Attorney,,John Wallace, said that there have been regulations adopted by the State which -were effective on September lst. He said that an ordinance-is.presently being drafted which will be brought -to council for first-reading:on.the 30th-of September or next week. Councilman Anderson asked if -.we will be able to-enforbe this.- The Attorney said this would require an operator- with, a decibel counter -to operate -it' -at 'the prescribed, distance.--Chief-•Foster said that they - -are -presently--researching:this-- and., have not yet -decided-on_the_ best-piece•of equipment for our purpose. • Mayor Harrison said that he had received a communication from the South Snohomish Count •Public y County Action for Cultural Center. He said they are asking the city to pass a resolution supporting the creation of -a Recreation District in South Snohomish .County .for. •.the -.purpose 'of. construction, main- tenance and operation of an auditorium/cultural center in South Snohomish County. Council had re- .ceived copies=of the letter and the attached resultion. Councilman Gellert thought it should say construction or acquisition,, and said he would lend his moral'support to the proposal.' No decision was made to place the'item-on•the agenda: Mayor Harrison noted tht the city employees have been working on some rules and regulations since `October; 1974. The rules,'as prepared,by the Personnel Rules-and--Regulations-Committee,-was pre- sented to the council: The purpose of the document is to provide a personnel_ management system Whereby all employees will be dealt with in a uniform and equitable manner. The Mayor thought perhaps he acid the council could discuss this at an informal meeting at a•later•datet and perhaps, adopt these Rules and Regulations by resolution. It was decided to discuss this at the -work meeting on the 14th of October: - REPORT -FROM GOLF -COURSE COMMITTEE - - Tom'Berry, 8432 Olympic View Drive, stated that surveys have indicated that'a golf course would be -a thriving.business on this 120.tacre site. (University Property). He said that they have not gone very far"with•-an economic feasibility report-on,their own, but the Everett Herald had done -one based on population density, and availability of- golf'courses­at present_. Mr: Berry' said• that it seemed to'indicate' a golf course in this location would do very well. 'Mr. Berry mentioned a letter which had been 'received from Roy L. Gospj:1-Argronomist with- the.University of Washington,,commenting than thiswould, be .a, beautiful, site for a golf course: 'He suggested that hiking trails -and natural areas be incorporated -.between fairways; so- that hikers .can take'addantage of the area. This report together w th 'one"from Geo'rge-.-Hartman, *soil. scientist. with the Soil' Co:Eservation--Service, were' provided to the council. Mr. Hartman said in his letter that the soils on -the site are almost exclusively Alderwood E