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19751007 City Council Minutes• REPORT FROM ATTORNEY ON EXPLANATION OF CITY'S RIGHTS RE DOCES & STATE RIGHT-OF-WAY 335 City Attorney, John Wallace, reported that this was a piece of property that was swapped between the State and Doces during a condemnation action. He said that under applicable State Laws the State has an absoluteright to do so and the city has no right of first refusal. In this particulw case, the State did elect to sell to the abutting owner under the State Statutes, a Governor's Deed has been approved, issued and recorded. He said that any police action would not be by the City of Edmonds, but"by the State Highway Department. .Councilman Nordquist had a map supplied by the State Highway Department which he.displayed to the Mayor and Council,.which indicated.this... There was some further discussion. PRELIMINARY PLATS - HIGGINS ADDITION #2 The City Attorney adstised the council that if the council wishes to change or modify this proposal in any way, they will have to set the matter.for public hearing. The City Planner reviewed action taken to this point. He projected the zoning map, comprehensive plan and several views of the pro- perty inquestion on the screen. He said that the applicant has requested that the provisions or Ordinance #1775 be applied in order to preserve trees by adjusting the sideyard setbacks. Mr. Wallis recommended approval, subject to tree cutting restrictions,with replacement of any trees 8" or larger that are removed. Mr. Wallis stated that the applicant would be required to enlarge one lot which is already in excess of the nquirement, if he were to comply with the code. It was pointed out that there eras a hardship in that he would have to either alter the structure or forfeit the lot. The City Attorney and the City Planner reviewed the criteria for granting a variance, which is the same criteria to be considered in granting a modification under the new Subdivision Code. There was some discussion and concern regarding 92nd which would be a half street in this -area. It was pointed out that there has been some indication that there could be a full street by the -time the project goes through. MOTION: Follewingwsome more comments, COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN WELLING THAT THE PRELIMINARY PLAT OF HIGGINS ADDITION #2 BE APPROVED, SUBJECT TO ENGINEERING REQUIREMENTS AND APPROVAL • OF MODIFICATIONS REQUESTED. THE MOTION CARRIED FOLLOWING .A ROLL CALL VOTE WITH COUNCILMAN NORDQUIST VOTING AGAINST. CLAIMS FOR DAMAGES Council acknowledged receipt of the Claim .for Damages from E.C. Collier. This was forwarded to the City Clerk for procesing. MOTION: There was some discussion of the work .meeting agendas. COUNCILMAN'NORDQUIST MOVED, SECONDED BY COUNCILWOMAN BRUNS THAT THE STAFF BE ENCOURAGED TO REFRAIN FROM PLACING PLATS AND OTHER SUCH ITEMS ON -THE WORK MEETING AGENDAS. CARRIED. There being no further business to come before council, the meeting was adjourned at 10:00 P.M.* .IRENE VARNEY MORAN, Wty Clerk H. H..HARRISON, Mayor • 1 October 7, 1975 ROLL CALL The regular meeting of the Edmonds City.Council was called to order at 7:30 P.M.'in the Council Chambers of the Civic'Center by Mayor Harve Harrison, with all council members present. APPROVAL OF MINUTES Minutes of the meeting of September 30 had been posted, distributed and mailed. Councilwoman Shippen noted that on page 2 under the discussion of the Junior High School property, her motion to authorize the Mayor to negotiate with the School District for Edmonds to assume.the administration of the facility should include the phrase "for a.period of 10 years'.'. The minutes were then approved as corrected. COUNCIL PARTICIPATION Councilman Nordquist,.in answer -to a memo received from the City Engineer in regard to MOTION: item 12 on tonight's agenda, made the motion to delete this item. Motion was seconded Shippen, and carried. This was the acceptance of water -mains by DiOrio Construction, this date, the contractor had not completed the punch list items. deletion of by Councilwoman since as of Councilman Nordquist'commented.on action taken by council at the July 22 meeting,.where ten trees at $70 per tree were to be.purchased by the people at the 7th and Elm property area. $350 was collected, and now that the work is nearly complete, he would like to see the remainder of the funds, as specified.in the motion. Councilman Gellert commented on the notice of the meeting of the PSGC, and.noted that a letter should be sent to them, informing them that no"one from.the council could attend that joint meeting, since it was set for a council Might. He felt this should be taken into consideration by them when meetings are scheduled." Councilman Gellert brought up the question of Steinman's Addition and the gravel placed in the right-of-way following the illegally graded area. He reported that he had received calls from people concerned about this now being used as a motorcycle raceway. City Engineer Larson explained \.J 336 that this work had been done without an invasion of right-of-way permit. A letter had been sent • to Mr. Steinman, advising that a permit was required. The letter had been ignored, and this was now turned over to the City Attorney. MOTION: MOTION: MOTION: Councilman Gellert had a question on the building height amendment and asked for clarification. It was noted that it had been on the Planning Commission agenda the night following one council meeting, and it will now be referred back to the council from the Planning Commission and be on a future agenda. In regard to a letter from General Telephone on the 5th Avenue undergrounding project, Councilman Gellert made a motion, seconded by Councilman Nordquist that a report or memo be prepared by the City Attorney for Council at the next meeting. Motion carried. Councilwoman Shippen asked that both the agreement with the County Commissioners on the Housing and Community Development funds, and the Interlocal Agreement for next year's fund distribution be placed on the October 21 council meeting agenda. Councilwoman Bruns stated that she would like to commend the Planning Department and Mary Lou Block for the excellent compilation of the recent survey. Mayor Harrison announced the regional meeting of the AWC on October 23 at the Lynnwood Elks. At 4:00 P.M. there will be a briefing period on SEPA, with a social hour at 6 and dinner at 7. He asked that anyone planning to attend let him know for reservations. Mayor Harrison asked council to designate the present waterfront sites as the permanent site for the South County Senior Center. He said there were three reasons for this request: (1) to ease the minds of those interested in the program that the Senior Center.would not be displaced after the 20 year period; (2) a site committment so that the city can apply for construction grants, and not on a piece- meal basis; and (3) with site committment, the council can apply for'the matching funds. He asked for a resolution to designate this waterfront.site as the permanent site for the Center. Following some discussion, it was moved by Councilwoman Shippen, seconded by Councilman Nordquist to instruct the • Attorney to prepare a resolution designating the waterfront site as the permanent one for the Senior Center. Motion carried with Councilman Welling voting against. AUDIENCE PARTICIPATION Bruce Jones, Andover Road,'presented to council a problem on Seaview Park that he noted had been solved by Park and Recreation Director Rod Garretson. He told council about the extremely heavy use of.the park by large, organized adult groups almost 7 days a week. There had been complaints of cars, beer drinking, and no restroom facilities. He said they had attended a Park Board meeting, then met with the Mayor and the Recreation Director to talk about the problem. The Mayor had suggested that persons 18 years and younger should be allowed to use that park. Mr. Jones said he had a petition with 90 signatures that he had planned to submit, but he had received a letter from Mr. Garretson stating what the neighbors wanted, and the problem seemed to be solved. It was asked that plans be made for accomodating the demand from slo-pitch adult ball players, but in other than neighborhood parks. There was discussion on supervision, etc. because of the alcohol problem. Rod Garretson stated that a letter would be sent to every organized slo-pitch team about Seaview Park not being adequate in facilities and shall,not.be used by the adult teams. There followed some further discussion on alcohol being prohibited in the parks, and Peter Preston, in the audience, stated that he was against furnishing restroom facilities and thus encouraging drinking. Installment of Sanikans in some of these parks was discussed. The Master of the Masonic Lodge spoke to council regarding the rigid requirements or Ordinance #1789, passed September 2nd. He noted that schools and churches are excluded, but he also noted that they do not allow alcoholic beverages in the Temple. This ordinance deals with rentals of halls, and a fee is charged by the city each time a hall is rented. It was noted that all users of -the Masonic Temple, such as the Square Dancing Group in question, are all under lease. This group leases the hall on a'regular basis throughout the year. Discussion followed, 'and it was then moved by Councilman Anderson, seconded by Councilman Nordquist to draft a change in the present ordinance on rental of halls to state that a single permit be allowed for groups regularly using these halls, for a period • of one year. Motion carried. HEARING: PRELIMINARY ASSESSMENT ROLL - GLEN ELLEN VIEW TRACTS Hearing was held on the preliminary assessment roll for underground wiring for Glen Ellen View Tracts. Engineer Larson explainedk'that a petition had been received, signed by owners of 7 out of the 10 properties involved. The PUD had quoted a cost of $350 per lot as an estimate; the Telephone Company stated that since the trenching would be done by the PUD, they would bill zero costs; and TV cable is required to go underground with the other utilities. Therefore, the actual construction costs were $350, with indirect costs bringing this to $550 per lot under the LID system. Engineer Larson noted that the property owners could have had the PUD bill them directly, instead of going the LID method, but not on deferred payment plan. Hearing was opened. Peter Preston said he agreed to paying $350, but not $550, with the city costs. He asked council to consider undergrounding the interior lots 5, 6, 7, 8, 9, 10, and 11 and not the abutting, or exterior lots 1 and.12. He asked for deletion of 1 and 12. Don McQuade said that this would mean all interior lots would be obstructed by poles, wires, etc., and he owned a corner lot and felt there were enough signers on the petition to warrant a Local Improvement District. He said the plat was originally done under county standards, and therefore undergrounding had not been required. He said prices would.not go any lower, and hoped council would approve the LID. He noted that Lots 1 and 12 could be excluded„if necessary, since power can be brought in from the abutting street. Ed Nelson, Lot 5, said he had started the petition for the LID and had asked the property owners to go with the PUD on undergrounding, but ready money was the problem, so they went the city LID method. No one else wished to comment, and the hearing was closed. "9' 0 37 • City Engineer Larson advised council that he had, in fact, estimated on the high side, feeling.this was the better way. If actual costs then were lower, the final assessment roll would then reflect this lower figure.- There followed council discussion on the indirect costs, the effect on the other assessments if lots 1 and 12 were deleted, and the possibility of installment notes rather than bonds MOTION: for the LID. Councilman Gellert then made a motion, seconded by CouncilmanNordquist to continue this hearing to October 21, during which timee the Engineer review the effect of deleting lots 1 and 12, and the proposed ordinance for the LID be altered to refer to installment notes rather than bonds as mode of payment. A roll call vote resulted in Gellert and Nordquist iA favor; all other council MOTION: members against, and the motion failed to carry. Councilman Anderson then.moved to pass proposed Ordinance #1792, creating LID 196 for undergrounding a portion of Glen Ellen View Tracts, with the understanding that the installment note be the method of'financing. Motion carried. HEARING: ON PETITION FOR CITY TO TAKE OVER MAINTENANCE OF EDMONDS CEMETERY A petition had been received requesting the city to take over the maintenance of the Edmonds cemetery. Roy Baker, owner of the cemetery, told the council he would like to have the city help with the main- tenance. He noted that several groups had lately done a great deal of work there - Scouts, school groups, and individual citizens, and the area looked very nice at this time. Mr. Baker said he would like help in 'maintaining the pioneer section of the cemetery. The Attorney had advised that the city, by law, cannot expend funds on private property, but public access via walkways or bicycle paths there could warrant certain upkeep. Councilman Clement said he would .prefer council support the reasons to not get involved. There was much discussion, and both Mr. Baker and at the suggestion of Councilwoman Bruns, it was thought a note of thanks 'should be sent from the city to groups that help with the ceme- tery maintenance. No further action was taken. HEARING: ON INITIATIVE AND REFERENDUM POWERS FOR CITY OF EDMONDS Hearing was opened. Paul Weaver spoke in favor of council adopting this measure. Mayor Harrison added his endorsement of the measure. It was explained by the Attorney that there were at present • 3 methods open, in the form of petition carrying 50% of the votes of the last municipal election, resolution by council, and the election method. Councilman Gellert stated that adopting the initiative and refer endum would significantly hamper actions of the city; -he had no objection to the citizens going through the process, but he would not vote for it directly. Councilman Welling said that the 30 days deferral and delay would defeat the very things the people are interested in. There were several council comments. Chet Bennetttold council that he certainly was not against the initiative and referendum concept, but that it was restrictive and he felt not necessary for this particular city. He added that if citizens in Edmonds don't like what's happending, they can crowd the council chambers and be heard. Councilman Anderson commented that he could not get excited about this because there are methods open and available to the citizens now. Counpilman Welling noted that the only proponents at this time were Mr. Weaver and a letter from Mrs. eterson. Councilman Nordquist advised that in 8 years., this is the first time this particular item had come up. No one else wished to„ comment, and the hearing was therefore closed. MOTION: A motion was made by Councilwoman Bruns, seconded by Councilwoman Shippen to instruct the City Attorney to prepare a resolution which would install the powers of initiviative and referendum in the City of Edmonds, under heretofore stated method number 2. A roll call vote was taken, and the motion failed to carry with Bruns and Shippen voting in favor; all other -"council members against. REPORT ON BIDS - SEAVIEW PARK Director Rod Garretson reported thatbids had been opened on October 1 for Seaview Park construction. He noted that bids had been listed by contract for each individual item and contractors had bid on one, some or all (in one case). In order to get a good construction, Director Garretson and the Architect had gone over the bids and deducted some items. They were then recommending awarding contracts 1 through 7 and calling for rebidding on item 8, the tennis courts. Cal Jordan, the Architect, was present and explained the bid proposal and changes as it would affect the park. It would be lesd, but,adequat'e in every item. The recommended bid awards were: • Contract #1 Site Improvements Contract #2 Restroom Construction Contract #3 Asphalt Paving Contract #4 Play Area Contract #� Landscaping Contract #6 Irrigation Contract #7 Exterior.Lighting Contract #8 Tennis Courts G. R. Syverson Company Sunnyside Builders G. R. Syverson Vanco Valley Crest Company Earth Enterprises Inc., Wilsky Electric Spragues $ 16,012.50 22,45o.00 14,826.5o 8,658.8o 13,251.45 4,lo7.45 5,997.25 27,793.00 (Recommend re -bid this.) MOTION: Following some discussion, a motion was made by Councilman Clement, seconded by Councilwoman Bruns to accept the bids as specified by the Park Director; contracts 1 through 7, and rebid contract #8. Motion carried with Councilman Welling voting against, as he disapproved the method of bidding on separate items and also on the deduction from the bids of some items. MOTION: Councilman Gellert then moved.to add !'subject to IAC approval" to the above motion, and this also . carried. FINAL APPROVAL - SHELL PARK PRD Noelle Charleson, Assistant City Planner, reported that before final approval on PRD, the developer has to have a performance.bond within 3-months of the approval from the Planning Commission. The bond has not been-obtdn ed, and a request was made to reset.this for hearing as soon as possible MOTI CN: when the bond is obtained. It was moved by Councilman Nordquist, seconded by Councilman Gellert to continue this item for final approval of Sheli Park PRD to October 28. Motion carried. • 3� 8 • PROPOSED ORDINANCE ADOPTING REVISED STREET STANDARDS MOTION: MOTION: MOTION: Engineer Leif Larson gavd. a brief explanation on the street standards. Mrs. King, representing the Transportation Committee; said the committee had reviewed this and then sent on July 21 a memo to the Planning Commission regarding the street standards and suggesting that council review the committee's suggestions before passing this proposed ordinance. There followed lengthy discussion on street standards. Following this, a motion was made by Councilman Anderson, seconded by Councilman Nordquist to pass proposed Ordinance #1793, adopting new standards for public residential access streets, public residential access street dul-de-sac length under 400 ft, public residential access street one-way loop street, public residential access street easement road four lots or less, access easement road for one lot, easement turn -around, driveway turn -around, and options thereto. Coun- cilwoman Shippen then moved, seconded by Councilman Gellert to amend to state that right-of-way requirements on residential access streets be 60 ft. maximum, 50 ft. standard+ and 40 ft minimum. Following some further discussion, it was moved by Councilwoman Shippen seconded by Councilman Nordquist to amend Engineer's Drawing A from 7 feet to 5 feet from face of curb to property line. Vote on this amendment carried. The first amendment also carried, with Councilman Clement voting against. The main motion, as amended, then carried. CHAMBER OF COMMERCE REQUEST RE 5TH AND MAIN FOUNTAIN IMPROVEMENT AND BENCHES Al Kincaid, President of the Edmonds Chamber of Commerce, presented a request to council regarding the improvement of the downtown service area. He stated that the Chamber had some surplus monies which they intended to use to improve the fountain, and asked if the city would participate. The request was to install a spray ring at the fountain and to include underwater lights. The total cost would be in the neighborhood of $850 and $928. The Chamber has $100 from the Algoma Garden Club and $200 from the Edmonds Arts Festival to put into the spray ring area. Mr. Kincaid asked -if the city would assign up to $300 to help with this project. The Chamber would donate this amount, also. Chet Bennett spoke in favor of the city participation in this, and there followed some discussion. A motion was • then made by Councilman Nordquist, seconded by Councilman Gellert to allocate $300 for the spray system for the fountain, and take the money from the Beautification fund. The motion carried. Al,Kincaid then spoke of the benches needed in the downtown area. He showed council pictures of concrete benches in the $25 to $35 range. Discussion followed, and Mr. Kincaid offered to install one bench at 5th and Main on a trial basis. He also noted that if council would give approval, the Chamber might buy 4 benches and place them at that 5th and Main area. The indication was that this item should go before the ADB, and no further action was taken at this time by council. SECOND READING: PROPOSED ORDINANCE RE SUBSEQUENT DEVELOPMENT OF ADDITIONAL APARTMENT UNITS IN PRE - .EXISTING DUPLEX AND/OR APARTMENT BUILDINGS, & COVENANTS RUNNING WITH THE PROPERTY. MOTION: There was brief discussion, and a motion was made by .,Councilman Nordquist, seconded Gellert to pass proposed Ordinance #1794, and the motion carried. DISCUSSION ON COUNCIL SALARIES MOTION: In regard to the discussion on council salaries, because of the late hour, it was moved by Councilman Gellert, seconded by Councilman Clement that this item be placed on the October 28th council agenda. Motion carried. There was no further business, and the meeting was adjourned at 11:45 P.M. rZLTp�. MMMM o HAI—S-ON, Mayor October 14, 1975 (Work Meeting) ROLL CALL • The work meeting of the Edmonds City Council was called to order at 7:30 P.M. in the Council Chambers of the Civic Center by Mayor Harve Harrison with all council members present. APPROVAL OF MINUTES Minutes of the meeting of October 7th had been posted, mailed and distributed and with no omissions nor corrections were approved as written.. COUNCIL PARTICIPATION.0 Councilman'Gellert brought up the matter of council salaries and asked if anyone wished to discuss the subject this evening. He said he had received some comments about the discussion being delayed to the 28th of October, and since he had made the motion to place it on that agenda, felt he should be the one to offer the opportunity to speak this evening. However, the council members said that they would wait until the 28th. The Mayor announced that the Washington State Highway Commission will meet on Monday, October 20th and the time for our presentation is at 10:45 A.M. Mayor Harrison said that he and the City Engineer and Mr. Whaley will attend the meeting. Council members Gellert and Shippen indicated that they will also attend. r� U