Loading...
19710105 City Council Minutes (2)• SET HEARING DATE ON FINAL ASSESSMENT R®LL - LID 177 - 76th SIDEWALKS i 1 r� U • 7-7 L A motion was made by Councilman Nordquist, seconded by Councilman Slye that January 199 1971 be set for hearing the final Assessment Roll LID 177. Motion carried. SET HEARING DATE ON FINAL ASSESSMENT ROLL - LID 179 - WALNUT AND BOWDOIN WAY FROM 9th TO FIVE CORNERS. It was moved by Councilman Nelson, seconded by Councilman Nordquist that February 2, 1971 be set for hearing the final Assessment Roll LID 179. Motion carried. FIRST READING: PROPOSED ORDINANCES First reading was held on the proposed ordinance establishing duties of Finance Director. First reading was held on the proposed ordinance setting the Salary schedule for 1971. Meeting adjourned at 11:10. P.M. U Irene Varney Mo an, City Clerk January 5, 1971 ROLL CALL � w H. Harrison, Mayor Regular meeting of the Edmonds City., Council was called to order by Mayor Harrison with all councilmen present. APPROVAL OF MINUTES Minutes of the council meeting of December 15 had not been received by some of the council members and it was therefore moved by Councilman Nordquist, seconded by Councilman Sanborn that approval of these minutes be continued to the next meeting. Motion carried. HEARING: ON PLANNING COMMISSION RESOLUTION 333 Hearing had been continued from November 17 on Planning Commission Resolution 333, revised development standards for duplexes and apartments. A letter dated November 27, 1970 was read from the South Snohomish County Board of Realtors, Inc., requesting that the council table any decision on this matter to a meeting in February. However, since the letter had been held for reading on this date, members of the Board of Realtors were present with their attorney ready to make a presentation in case the matter was not postponed.' Therefore, the hearing was reopened. City Planner Merlin Logan explained the history of this matter, from the hearings held by the Planning Commission and City Council to the discussions and study of the proposed new standards. He then gave a summary of these changes as proposed. , Attorney Wes Hodge, 905 Norton Building, Seattle, representing the South Sno- homish County Board of Realtor, Inc., discussed the proposed ordinance and stated that as written it was in his estimation unconstitutionalas well as not accomplishing what the city had set out to do. He felt the apartment standards should remain as they now are,'since it is not a crucial time for apartment building with the present economy. Councilman Kincaid inquired about the expected report that had been requested from the -Real Estate Board by the Council, listing any suggestions for -the proposed standards. Attorney Hodge answered that this was not available tonight. He added that an original investment in an apartment house, if it becomes non -conforming because of passage of -these proposed standards, is lost if destroyed by fire, as it would not be able to be rebuilt as before. Thus the owner.of,this piece of property is denied his original right to build. He also felt that the owner, of a piece of property purchased for investment under one set of standards should be able to build upon this property at a later date with the same set of standards, instead of being penalized for holding the land vacant for a future building site. Councilman Sanborn stated that a zoning code should be allowed to be changed with the times, and it was within the power of the Council to rezone. Attorney Hodge answered that it was within the rights of the city to change the zoning for reasons of health, safety and welfare, but not just for the sake of change. Councilman Haines said that the purpose of the review was to do away with some problems that might arise within the city in the future, and added that Item C.in the proposal spelled out a bonus plan wherein denaity such As that of neighboring apartments could be granted. He also mentioned the appeals that were allowed. Mayor Harrison stated that where abuse is potential, the City Planner would be able to give or refuse a bonus, and this is better than completely changing the requirements, since each site is unique. Attorney Hodge said he was in favor of the reconstruc- tion aspect of a destroyed building to its original standards. He added that it would be possible to build a substandard building and be within the code, so better tools were available than what is now proposed. 1 3 6 Howard Olds, 12th N., stated he did not at present own multiple zoned property • in Edmonds, and he would like to see the minutes of both the Planning Com- mission and the City Council hearings in regard to these proposed changes in standards, as he doesn't feel there is pressure or support from the public for these changes. Elmer Harris, owner of Edmonds Realty on Main Street, stated that he had not heard anyone ask for these changes except the Planning Commission and Council, and the proposals were Edmonds. He suggested a detriment to good apartments returning to the old code now and condominiums in in effect, with the 35 ft. height limitation as before. There were no other comments, and the hearing was closed. 1 It was moved by Councilman Haines, seconded by Councilman Slye to retain the averaging height of 35 ft. on exterior walls and strike the changes from the Planning Commission proposal and proposed ordinance, leaving the height as in the present ordinance. Howard Olds stated that the current economy does not warrant haste in this matter, and he requested tabling it for 90 days to give the Council time to study specific recommendations from the Board of Realtors. He felt if the existing density is not hurting anyone, then the present ordi- nance should not be changed. He urged time to come up with a good ordinance. Carl Lanser, realtor, said that it was his original objections to the 35 ft. height, and that the 35 ft. limit was defeating the purpose of the Council, and he also suggested a work meeting between the Council and Board of Realtors to sit down and'come up with acceptable changes. With a motion on the floor, Councilman Kincaid moved by amend the motion to state that apartment units be limited; not to exceed three stories in height, meaning not more than three habitable floors with the slope area limited to garage space only. This amendment died for lack of a second. • Councilman Nelson moved that the motion be amended to include that height averaging be from the original grade rather than from the finished grade. Following discussion, Councilman Nelson withdrew his amendment. It was moved by Councilman Sanborn, seconded by CouncilT,pan Tuson to amend the motion so that in Section G7 on Page 5 of the presentation, the last sentence be retained, relating to the two prohibited types of built up fin- ished grades. A roll call vote was taken, and the amendment carried with Councilman Slye voting against. A roll call vote wae:xaken on the original motion as amended, and this carried unanimously. Councilman Kincaid then suggested that council give favorable consideration to requests from the South Snohomish County Board of Realtors, to be brought in prior to the council meeting of February 2, and continue drafting of a proposed ordinance until this date. He put this in the form of a motion, seconded by Councilman Slye. Councilman Haines answered that any proposed changes could come to council after the ordinance was passed, and then pro- posed changes go to the Planning Commission rather than having a continuous hearing on this before anything is done. Vote was taken on the motion, and it failed to carry. Councilman Haines made a motion, seconded by Councilman Sanborn to instruct -the City Attorney to prepare an ordinance from Planning Commission Resolution 333 as amended tonight, for a first reading at the next council meeting on January 19. • Councilman Kincaid moved, seconded by Councilman Tuson to amend this motion to exclude town houses from the duplex zoning. A roll call vote showed Councilman Sanborn, Tuson,.Nordquist and Kincaid voting;in.favor; Nelson, Slye and Haines against, andc'the amendment carried. The original motion as amended was then voted upon with a roll call, and this carried with Council- men Sanborn, Tuson, Kincaid and Haines voting in favor; Nelson, Slye and Nordquist against. A motion was made by Councilman Nelson, seconded by Councilman -Sanborn that the paragraph in the zoning ordinance regarding reconstruction of destroyed residential buildings, Section 12.15.105 and Paragraph B of Section 12.13.110, duplex regulations, be directed to the Planning Commission for hearing. Motion carried unanimously. PROPOSED ORDINANCE AUTHORIZING CONDEMNATION PROCEEDINGS ON 9th S. Attorney John Wallace explained to Council that the City has been unable to negotiate a settlement for four lots on 100th from Westgate to 232nd, and a proposed ordinance for condemnation proceedings was presented. A motion was made by Councilman Slye, seconded by Councilman Nelson that proposed Ordi- nance #1527 be passed, authorizing condemnation proceedings for these pro- perties. Motion carried. CASH PREPAYMENT ORDINANCE - LID # 164 It was moved by Councilman Slye, seconded by Councilman Tuson that proposed Ordinance #1528 be passed, cash prepayment expiration for LID #164. Motion carried. 1] • FIRST READING: PROPOSED ORDINANCE - CRIMINAL TRESPASS ON SCHOOL GROUNDS �37 u 1 • 1 1 First reading was held on a proposed ordinance dealing primarily with criminal trespass on school grounds. SECOND READING: 1971 SALARY ORDINANCE A motion was made by Council#kan Kincaid, seconded by Councilman Nelson that proposed Ordinance #1526 be passed, setting the salary schedule for employees of the City of Edmonds for 1971. Motion carried with Councilman Slye voting against as he was not satisfied with some of the salaries of Department Heads. SECOND READING: ORDINANCE ESTABLISHING DUTIES OF FINANCE DIRECTOR It was moved by Councilman Haines, seconded by Councilman Sanborn that pro- posed Ordinance #1529 be passed, establishing the duties of .the Finance Director. Motion carried. REQUEST FOR AUTHORIZATION TO APPLY FOR MATCHING FUNDS FOR FIRE DEPT. AID.CAR Fire Chief Cooper reported that the 1971 budget had a sum of $6,000.00 bud- geted for an aid car for the Fire Dept. He asked for authorization to request matching funds if available, and a motion was made by Councilman Sanborn, seconded by Councilman Nelson to authorize application for matching funds for. ...,- a Fire Dept. aid car. Motion carried. CI COUNCIL PARTICIPATION Councilman Haines noted that a copy of.a letter from Mabel Blake Smith had been.received by each councilman regarding the dismissal of Wally Slabaugh. Councilman Haines remarked that it was damaging to the well being of the city to have happenings such as this without sufficient cause being given. He suggested that perhaps establishment of Civil Service for all personnel below the CAO would be the answer, in order to give the employees some degree of security regardless of changes of administration following elections. He added that he would like to have some discussion on this matter. Councilman Kincaid stated that the Mayor had adequately answered the letter from Mrs. Smith. Councilman Slye said that Civil Service would tie the hands of the Mayor in regard to the appointive positions. Councilman Sanborn noted that this topic was worthy of discussion, and it was suggested that this matter.be referred to a council work meeting. CAO Lawson stated that changes in City of Edmonds supervisory heads over the years has been minimal. Councilman Tuson asked if the monthly warrant register sent to the Auditing Committee could be received at their homes in time to study before the council meeting night, as this had not been done the past month. Councilman Slye mentioned the recent overflow of the water tank, and was told that the altitude value had not been working correctly. Councilman Kincaid brought to council attention the parcel of land at 195th P1. S.W. west of 76th that had come before council with a rezone -request from single to duplex. Council had been assured by the owner at that time that he would build on the property and not acquire a rezone in order to speculate , and sell in the future. However, Councilman Kincaid stated that there is now a 4x6 "For Sale" sign on this property. He thought council should keep this in mind when.appeals come to council for rezones. Councilman Haines suggested the rezone follow the individual owner and not the land, and a time factor for building on the land inserted. City Planner Logan answered that the courts say use of the land would apply regardless of the owner. Councilman Sanborn had a question ofi*blacktopping on both Walnut and on 76th in this weather, because of the piotruding'manhole covers on these' -streets. Councilman Kincaid asked if the City Engineer could have a plan for the in- tersection at 76th and Highway 99 before the next work meeting. Councilman Nelson asked .that -the Engineer and Attorney work with the Olympic View Water District to try and solve the problem of tar in the water in the Paradise Lane area during the summer months. He felt it would be well to head off the problem before it occurs again this summer. Mayor Harrison reported that Union Oil Company had notified the City that it would be willing to allow use of the Dayton Street property for Public Works storage purposes in exchange for a street use permit in the alley behind their station located at 5th and Maple. However, Union Oil also stated that in the utilization of the alley, they wish to be allowed to improve it as an ingress driveway and would need. a firm term .of use. Following discussion, Council agreed to give a firm term committment, and the City Attorney will reply to Union Oil Company in regard to the matter. Mayor Harrison stated that Fire Chief Cooper had received a certificate from the State of Washington Fire Service Training Program for his participation in the Management Institute recently in Richland. The Mayor read a letter from the Snohomish County Law & Justice Planning Office asking for one member from the City Council to act as representative j13S on the Law & Justice Planning Committee. This will be taken up at a council work meeting. REAPPOINTMENT TO BOARD OF ADJUSTMENT Mayor Harrison reappointed George Grant to Position 6 on the Board of Adjust- ment, term to expire 12/31/74. It was moved by Councilman Slye, seconded by Councilman Nelson that the Mayor's reappointment of George Grant be confirmed. Motion carried. APPOINTMENT TO PARK BOARD. The Mayor made the appointment of Dick Hankinson to Position 8 on the Park & Recreation Advisory Board, this being a term to expire 9/19/73. A motion was made by Councilman Haines, seconded by Councilman Nelson that the Mayor's appointment of Dick Hankinson be confirmed. Motion carried. , CLAIMS FOR DAMAGES Claims for damages were acknowledged from Emmett E. Palm, Lynne R. Maynock, and Cliffore M. Gooby. These.were referred to the City Clerk for processing. APPOINTMENTS OF BUILDING,OFFICIAL AND DEPUTY TREASURER Mayor Harrison appointed Harry Whitcutt as Building Official and Lila Crosby. as Deputy Treasurer, and it was moved by Councilman Slye, seconded by Coun- cilman Tuson that these appointments be confirmed. Motion carried. RESOLUTION OF INTENTION 234 A motion was made by Councilman Nelson, seconded by Councilman Haines that Resolution of Intention 234 be passed, to improve 9th Avenue N. from Casper Street to Daley Street by conversion of all overhead electric and communica- tion facilities to underground facilities, with hearing on the preliminary assessment roll to be set for February 169 1971. Motion carried. RESOLUTION OF INTENTION 235 It was moved by Councilman Slye, seconded by Councilman Nelson that Resolu- tion 6f Intention 235 be passed, to improve 9th Avenue (a/k/a 100th Ave. W.) from Casper to 232nd Street S.W. with the construction of curba, gutters, sidewalks, and all necessary appurtenances for a complete improvement, with hearing on the preliminary assessment roll to be set for February 16, 1971. Motion carried. RESOLUTION 235 It was moved by Councilman Slye,,seconded by Councilman Tuson that proposed Resolution 235 be passed, declaring the intention of the City to annex by ordinance portions of a county road contiguous to the existing city limits, namely that portion of 98th Ave. S. between the northerly R/W line of Edmonds Way (Secondary State Highway No. 1-W) and�the south boundary line of plat of Olympic View Estates No. 1, extended, and hearing on the annexation to be held on February 169 1971. Motion carried. A motion was made by Councilman Tuson, seconded by Councilman Kincaid that council postpone to,the next regular meeting the matter of the sewer agree- ment with Mountlake Terrace. Motion carried. There was,no further business and the meeting adjourned at 11:10 P.M. Irene Varney Mor , City Clerk s� January 19, 1971 ROLL CALL zula.tce�../ H. Harrison, Mayor The regular meeting of the Edmonds City Council was called to order by Mayor Harrison with all councilmen present except Nordquist, who arrived at 8:20. APPROVAL OF MINUTES Minutes of the meetings of both December 15 and January 5 had been posted and mailed, and with no omissions nor corrections they were approved'as written. HEARING: ON APPEAL OF L.T. HOOD - PLANNING COMMISSION'FILE P-4-70 Hearing was held on the appeal of L. T. Hood from the decision of the Planning Commission to deny his request for a preliminary plat. City Planner Merlin Logan showed council a map of the plat design, stretching northward from Bowdoin way, and gave a brief description and summary of the 1 1 • 1 • 1 1 0 �J hearings and reasons for denial by the Planning Commission. These included an extremely steep grade for the proposed street, inadequate.access for the future residents, and the long narrow shape of the property inappropriate for good,development. Mr. Hood had been encouraged to seek the participation.of his neighbor in order to enable better design, but his neighbor had declined. The City Planner noted that as a result of this plat, the Planning Commission will discuss development of a street system in this area to allow future de- velopment. Following council questions and discussion, the hearing was opened. Mr. L.T. Hood spoke in defense of his appeal, stating that the steep grade mentioned had not prevented him from driving both his .car and.truck into his garage during the heavy snow last week. He added that if he should turn out to be the developer of the property himself, he would certainly be in favor of keeping as many of the trees as possible, as required of platters. He then read a history of the plat, written by Jerry Lovell of Reid, Middleton & Associates, Inc., regarding the problems, hearing, proceedings, etc. and citing other examples in Edmonds for comparison purposes. Mayor Harrison felt that.Mr. Hood should wait before investing heavily and then perhaps find that his lots would not sell readily. Mr. Hood answered that he did not wish to develop the plat himself, but sell the.raw land, already platted, to another developer. He added he would be willing to wait for a�,comprehensive plan of the area from the City if he was given a definite projection date. Dave Larson, member of the Edmonds Planning Commission, told council that setting of a hearing date for a preliminary street layout for this area would be on the Planning Commission agenda tomorrow night. It was suggested that this hearing be continued for a period of 120 days until completion of • the street plan in the area. Capt. Shields asked if the city could stop tree cutting on private property when a developer will certainly pass on the cost of saving the trees to the buyer, who in turn doesn't even want the trees on his property. No one else wished to cogment, and the hearing was closed. Following dis- cussion, it was moved by Councilman Haines, seconded by Councilman Sanborn to continue the hearing on the L. T. Hood plat to the Council meeting of June 1, 1971. Motion carried. POSTPONE HEARING: FINAL ASSESSMENT..ROLL - LID #177 Because of unavoidable circumstances, a motion was made by Councilman Nord- quist, seconded by Councilman Sanborn to postpone the hearing on the final assessment roll for LID #177 to March 2, 1971 and the motion carried. FIRST READING: PROPOSED ORDINANCE ON PLANNING COMMISSION RESOLUTION 333. AS AMENDED First reading was held on a proposed ordinance on Planning Commission Reso- lution 333 as amended. Mayor Harrison read a letter dated January 8, 1971 from the South Snohomish County Board of Realtors wherein they stated that after meetings with builders, developers, and property owners,'they were of the opinion that no valid reasons have been brought out at three recent public hearings,:that would benefit the public as to health, welfare and safety factors contained within the Resolution, and they believed that the existing comprehensive zoning codes now in effect set excellent workable criteria for the development of apartment sites in Edmonds. They further stated that if dissatisfaction is felt with portions of the zoning code, that a complete new • comprehensive study be made of the code in its entirety. There followed discussion and questions from the council directed to the City Planner, and suggestions especially on the recreation area requirements for the proposed ordinance. 1 It was moved by Councilman Sanborn to amend page 7, section 7 of the proposed ordinance to read "35 feet, not to exceed A stories or dwelling units above finished grade", but this motion died for la ck of a second. It was then moved by Councilman Haines, seconded by Councilman Nelson to delete the words " or 3 stories " from the proposed ordinance on page 7, section 7. A roll call vote was taken, with Councilmen Haines, Slye, and Nelson in favor; Sanborn, Tuson, Nordquist, and Kincaid against, and the amendment failed to carry. A motion was made by Councilman Sanborn, seconded by Councilman Kincaid to amend page 7, section 7 to read "35 feet, but not to exceed 3 stories of living quarters." A roll call vote on this amendment showed Councilmen Sanborn, Tuson, Nordquist and Kincaid in favor; Nelson, Slye and Haines against, and this amendment carried. Councilman Kincaid then moved that a 100 square foot recreation area be pro- vided for each unit. This motion died for lack of a second. Second reading of the proposed ordinance, as amended, will be held at the next. council .meeting. -: 0 40 • SECOND READING: PROPOSED ORDINANCE ON CRIMINAL TRESPASS ON SCHOOL GROUNDS Second reading was held on a proposed ordinance dealing with criminal trespass on school grounds, and it was moved by Councilman Haines, seconded by Council- man Kincaid that proposed Ordinance #1530 be passed. Motion carried. PROPOSED RESOLUTION FOR ANNEXATION FOR STREET PURPOSES IN CONNECTION WITH LID 176 A motion was made by Councilman Slye, seconded by Councilman Nelson that pro- posed Resolution #236 be passed, expressing Edmonds' desire to the City of Lynnwood to annex a proposed roadway presently within the City of Lynnwood. contiguous to the City of Edmonds, for street purposes in connection with LID #176. Motion carried. AUDITING OF BILLS A motion was made by Councilman Haines, seconded by Councilman Tuson that Water -Sewer Revenue Bond bills #1 throught #7 in the total amount of $559067.63 be paid from the 1970 Water -Sewer $10000,000.00 Bond Issue. Motion carried. 1 It was moved by Councilman Haines, seconded by Councilman Nelson that the following LID bills be approved for payment: LID #164 - $70.65 to the Edmonds Tribune Review for legal publications;. LID #167 - $10.00 to Edmonds Tribune Review for legal publications, and $114.19 to Norm's Print Shop for printing bonds; • LID #177.- $18.20 to Edmonds Tribune Review for legal publications, and the City Clerk be authorized to issue an interest bearing warrant to Edmonds City Treasurer in the same amount to cover this bill; LID #179 - $28.00 to Edmonds Trubune Review for legal publications, and the City Clerk be authorized to issue an interest bearing warrant to Edmonds City Treasurer in the same amount'to cover this bill. Motion carried. A motion was made by Councilman Hainesi seconded by Councilman Kincaid that warrants #12026 through #12189 in the total amount of $263,800.94 be approved and the City Clerk be authorized to issue warrants in payment of these regular monthly bills. Motion carried. REPORT ON BIDS FOR SALE OF ANIMAL CONTROL VEHICLE Bids had been opened at 2:00 P.M. in the Mayor's office on January 15 for sale of an animal control vehicle. Present at bid opening were Ron Whaley, Director of Maintenance and Operation; Art Zerbach, Finance Director; Irene Varney Moran, City Clerk; and Mr. Bob Sigvartsen, Assistant Director of'Public Works for the City of Lynnwood. There was one bid; City of Lynnwood - $1675.00 Since the minimum bid, as advertised, was $1500.00, it was recommended that this bid be accepted. Therefore, it was moved by Councilman Slye, seconded by Councilman Tuson that the City of Edmonds accept the bid of $1675.00 from the City of Lynnwood for sale of the"animal control vehicle. Motion carried. • SEWER AGREEMENT WITH MOUNTLAKE TERRACE In regard to the sewer agreement with Mountlake Terrace, Councilman Tuson requested that the eleven properties east of Lake Ballinger be incorporated in the agreement at a $1.00 per unit connection charge, and the City Engineer accept the agreement with this provision. It was moved by Councilman Slye, seconded by Councilman Nordquist that the City accept the sewer agreement with Mountlake Terrace with the aforementioned provisions. Motion carried. AUDIENCE PARTICIPATION A gentleman in the audience inquired about the garbage study; and if the council had considered a compulsory garbage ordinance for the City of Edmonds. Mayor Harrison answered that the problem at present was finding a location for a transfer station and/or stationary land fill location in the area. It was decided to discuss this subject at the next council work meeting, and councilmen would have opportunity to look over.the Mountlake Terrace ordinance on garbage collection. COUNCIL PARTICIPATION Councilman Haines asked that a discussion be held at a council work meeting on low income housing for the elderly. Councilman Tuson stated,that more was needed for the Auditing Committee to go -over the monthly bills, and he suggested perhaps spending one hour on • • 141 the Monday evening preceding the second regular council meeting each month. It was decided, however, that the Auditing Committee would try meeting at 7:00 P,M. on the Tuesday evening before the.8:00 P.M. council meeting, and use an office so as to have an hour to go over the bills without interruption. GARBAGE DISPOSAL FACILITIES DISCUSSION Mayor Harrison reported that meetings with the garbage industry and with other cities in the area had resulted in,the owners of a gravel pit in the Norma Beach area asking the Snohomish County Board;of Adjustment for a sanitary land fill facility at the site. They had then asked the three South County cities for a letter of support for this site, which when filled after several years, would then become a park. Much discussion followed, and a motion was made by Councilman Slye, seconded by Councilman Tuson that the City of Edmonds lend support to a land fill site near Edmonds to serve the needs of the city. It was then moved by Councilman Sanborn, seconded by Councilman Haines to amend the motion by striking "land fill" and substituting the need for a "garbage disposal facility". More discussion, resulting in a motion by Councilman Haines, seconded by Councilman Sanborn for a second amendment to strike the word "near" from the original motion. A roll call vote was taken on the second amendment, which carried with Councilmen Sanborn, Nelson, Tuson, Nordquist and Haines in favor; Slye and Kincaid voting against. The amendment to.strike "land•fill" also carried with all councilmen voting in favor except Slye and Tuson. The original• motion, as amended, that the City of Edmonds lend support to a garbage dis- posal facility to serve the needs of the city, then carried. CORRESPONDENCE Mayor Harrison read an invitation from the PUD for three representatives from the City of Edmonds to attend a meeting in the PUD Auditorium in Everett on Thursday, January 21 at 7:30 P.M. to be given the results of a survey carried' out by the PUD in the Northwest in connection with determining priorities of improvements desired by the county residents in order to better serve the customers. Both the Mayor and City Engineer expressed the intention of attending. t The Mayor read a resume' from Public Works in connection with the sanding and snow removal and control problems from January 10 - 15, listing a breakdown of the man hours spent, both regular and overtime. He also read -two letters of commendation.on the recent sanding of the streets during the bad weather. One letter'was from Stevens Memorial Hospital, thanking the city crews for keeping, the access road to the hospital in good condition. PRESENTATION OF RESOLUTIONS FROM PLANNING COMMISSION TO BE SET FOR HEARINGS Planning Commission Resolutions were presented to council as follows: #346 - Recommending amendment to the City Code, increasing service charges for applications re Planning, Zoning. -and Platting request. #347 - Recommending approval of a proposed rezone from RML to CG property north of 234th S.W. between 76th and'Highway 99. • #348 - Recommending approval of proposed rezone from RML to RS-8 on north side of 234th S.W. between 76th W. and Highway 99. A motion was made by Councilman Nelson, seconded by Councilman Haines that March 2 be set as the date for hearing on Planning Commission Resolutions #347 and #348. Motion carried. Councilman Nelson then moved, seconded by Councilman Slye that Planning Com- mission Resolution #346 be set for hearing before councilmon March 16. Motion carried. RESOLUTION OF COMMENDATION - ED SCOTT A motion was made by Councilman Kincaid, seconded by Councilman Nordquist that Resolution #237 be passed, commending Ed Scott for his services to the City of Edmonds as member of the Board of Adjustment. Motion carried. APPLICATION FOR AMBULANCE LICENSE BY GUARDIAN It was reported that Guardian Ambulance Company had applied and met the re- quirements necessary for an ambulance license in the City of Edmonds as set forth in Ordinances #1476 and #1524, and it was therefore moved by Councilman Nelson, seconded by Councilman Kincaid that the City of Edmonds accept the application from Guardian Ambulance to operate in the city. Motion carried.. AUTHORIZE ENGINEERING FOR UNDERGROUNDING UTILITIES ON 9th, DALEY TO CASPER In regard to the proposed undergrounding of utilities on 9th, Daley to Casper, 0 142 0 a motion was made by Councilman Nelson, seconded by Councilman Sanborn to authorize the PUD to do preliminary engineering up to the amount of $500.00. for undergrounding on 9th from Daley to Casper, with a report from the PUD and the Telephone Company ;to..,be submitted to the City Engineer stipulating the total amount of the branch plant cost, less depreciation expense on the existing aerials, less the net salvage incurred, less plant betterment, and the resulting net amount for the total undergrounding project to be divided three ways among- the PUD, the City of Edmonds, and the abutting property owners. Motions carried. INTERSECTION OF 76th WEST AND HIGHWAY 99 The City Engineer presented the drawing of the plan for the intersection of 76th W. and Highway 99 as decided by Council at prior meetings. It was moved by Councilman Haines, seconded by Councilman Sanborn that the city submit the" revised plan for the intersection at 76th W. and Highway 99 to the Highway Dept. for allocation of available funds. There was discussion led.by Councilman Nordquist, who felt that -the Police ; Chief had'not had chance to look over the revised plan and should be given the opportunity. It was therefore moved by Councilman Slye, seconded by Councilman Nordquist to amend the motion to add "subject to approval of the Chief of Police prior to submitting the plan." A roll call vote on this amendment resulted in Councilmen Tuson, Slye, Nordquist and Kincaid voting in -favor; Sanborn, Nelson and Haines against, and the amendment carried. The original motion as amended then went to a roll call vote, and this failed with Councilmen Sanborn , Tuson and Kincaid voting in favor; Nelson, Slye, Nordquist and Haines against. • Councilman Haines then moved, seconded by Councilman Sanborn to authorize the City Engineer to forward the revised proposal to the Highway Dept. A roll call vote had Councilmen Haines and Sanborn voting in'favor; Nelson, Tuson, Slye, Nordquist and Kincaid against, and this motion failed to carry. Councilman Sanborn then moved, seconded by Councilman Kincaid that the matter be tabled two weeks and the Department Heads be invited to attend the council work session in order to look over the revised plan. This motion carried. REAPPOINTMENT OF KEN WELLING TO'LIBRARY BOARD The Mayor made the reappointment of Ken Welling to the Library Board, and it was moved by Councilman Kincaid, seconded by Councilman Sanborn that the Mayor's reappointment of Ken Welling be confirmed. Motion carried. REQUEST FROM PARK ADVISORY BOARD TO PURCHASE ADDITION TO HUMMINGBIRD PARK..; A request had been received from the Park & Recreation Advisory Board for approval and authorization to purchase an addition to Hummingbird Park. It was moved by Councilman Slye, seconded by Councilman Nordquist that authori- zation and approval be given to the Park & Recreation Advisory Board for this request. Motion carried. STATE HIGHWAY AGREEMENT - SIGN ROUTE 104 (5th AVENUE TO 236th) ` It was moved by Councilman Kincaid, seconded by Councilman Nordquist to authorize the Mayor to execute the agreement with the State Highway for Sign' • Route 104, and the motion carried. WATER INSTALLATION POLICY It was moved by Councilman Kincaid, seconded by Councilman Nordquist to postpone the agenda item on water installation policy to the next regular council meeting. Motion carried. There was no further business, and the meeting was adjourned at 11:10 P.M. Irene Varney Mor , City Clerk H. Harrison, Mayor February 29 1971 ROLL CALL Regular ®eetiti&--of the Edmonds City Council was called to order by Mayor Harve Harrison. All councilmen were present. APPROVAL OF MINUTES Minutes of the meeting of January 19 had been posted and mailed, and with no ommissions nor corrections, they were approved as written. 0 • �. 4 3' HEARING: ON APPEAL FROM RECOMMENDATION IN PLANNING COMMISSION RESOLUTION 344 Hearing was held on an appeal from the recommendation in Planning Commission Resolution 3449 to deny the Wagner rezone request - File.R-6-70. City Planner Merlin Logan projected a map on the screen showing the zoning of the surrounding areas. He•noted that's, petition signed by 19 property owners had been submitted to the Planning Commission in objection to this rezone re- quest. Mr. Logan also gave his recommendations rggarding denial, which in- cluded the fact that since:.1the city has established about 28.5 acres of apartment zoning in this area of the community, and at present only 4.7 acres have actually been developed with apartments, with 14.7 acres still vacant, it would appear that generous provision had been made for apartment development without expansion of this zoning. Hearing was opened. Gerry Lovell, with Reid, Middleton & Associates, Inc., acted as agent for Mr. Wagner. He stated that the zoning boundary in this particular area as it exists is unesthetic with single and multiple zoning as it presently stands. He commented on several slides shown to council of the four-plex units presently under construction on the multiple zoned property owned by Mr. Wagner. A petition was presented from property owners in favor of the re- quested rezone and,a letter also in favor from Mr. Carter, owner of adjacent rental property. Mr. Richard Wagner was present and showed council plans for additional proposed units. Mr. Les Garton, 23715 - 78th P1. W., complained ,that rezoning would be an invasion of his and other property owners' privacy and there was now enough apartment zoning in the area. A woman resident stated that this was origin- ally a residential area for single family and duplexes, but if still more four-plexes were to be allowed,'the extra traffic these dwellings would create could become a bottleneck that the streets cannot cope with. Councilman Kincaid inquired, and Mr. Wagner admitted, that he was fully aware of the single zoning when>>he began construction of his multiple units adjacent to the property in question. No one else wished to comment, and the hearing was closed. Following discussion, a motion was made by Councilman Tuson,.seconded by Councilman Kincaid that the recommendation of the Planning Commission to deny this rezone be upheld. Motion carried unanimously. HEARING: FINAL ASSESSMENT ROLL - LID 179 Hearing was held on the final assessment roll for LID 179, sidewalks and UAB paving of Walnut and Bowdoin, 9th to Five Corners. City Engineer Leif Larson reported on the final, as compared to the prelimin- ary, costs. Hearing was then opened. Arthur JanettQ,9319 Bowdoin Way, asked for the interest amount to be charged and the Attorney stated 6.5%. A gentleman residing on a corner lot at 89th and Bowdoin asked about the cost to people living in the culdesac who must use the improved street just as much as those living on it and yet are not charged in proportion. CAO Lawson explained that the state zone and termini method is used to figure these assessments, and this is the law, although it sometimes • seems inequitable. No one else wished to comment, and the hearing was there- fore closed. A motion was made by Councilman Slye, seconded by Councilman Nordquist that proposed Ordinance #1531 be passed, approving and confirming the final assess- ment foll for LID 179. Motion carried. HEARING: PROPOSED AMENDMENT TO OFFICIAL STREET MAP Hearing was held on a proposed amendment to the official street map to estab- lish a 60 ft. wide street extending northward from 234th for about 600 ft., Planning Commission File ST-2-70. City Planner Logan exhibited maps showing four plans for establishment of street patterns and gave the recommendation of the Planning Commission as being the full street halfway without the alley. Necessity for legal publi- cation prevented them from acting on the full sheet the entire length as drawn. Hearing was opened. Karen Paulson, 23117 - 76th asked if the street would be for commercial buildings' use only. Planner Logan answered that it would serve any buildings in the area. Mrs. Paulson was concerned with the possible great increase in traffic caused by establishment of the street. Gene Chard, 23124 - 76th W., stated that he built his single family home, fought apartment zoning,.but now there is apartment-,zonirig there; that he was opposed to an alley; but that there was no need for a street at the present time. On one else wished to 0 144 C • comment and the hearing was closed. There was much council discussion, and since the Planning Commission resolu- tions for rezoning in this same area will be heard by council on March 2, it was moved by Councilman Sanborn, seconded by Councilman Nelson that this hearing be continued to the meeting of March 2. Motion carried. WATER INSTALLATION POLICY City Engineer'Leif Larson gave a brief explanation in regard to the policy for installation of water mains in the city.. Council -then asked several questions for clarification. Following discussion, a motion was made by Councilman Sanborn, seconded by Councilman Nelson that under Item B, the words "steel and transite" be deleted. The motion carried, It was then moved by Councilman Sanborn, seconded_';,by Councilman Nordquist that under Item C. it be added that "replacement in kind" is not to be considered as "replacement" but considered as "repair". This motion also carried. Councilman Haines stated that he felt the system needs updating in some areas. He added our rates are based on a plane within the city's financial ability to replace. Also that he was not in favor of water main LID's. He then sugges- ted and made in the form of a motion that Item C be deleted from the water policy. This motion died for lack of a second. There was further discussion, with a motion being made by Councilman Sanborn, seconded by Councilman Kincaid to add to Item C "subject to availability of finances and manpower". This motion carried with Councilman Hainesrsvoting against. Councilman Nelson asked that it be clarified that this would not prohibit property owners from obtaining materials on their own, but only materials stipulated as acceptable by the Engineering standards under the American Public Works specifications, adopted by the City. A motion was made by Councilman Slye, seconded by Councilman Nelson that the Water Installation Policy be adopted as amended. Motion carried with Council- man Haines voting against. SECOND READING:PROPOSED ORDINANCE ON PLANNING COMMISSION RESOLUTION 333 Second reading was held on the proposed ordinance on Planning Commission Resolution 333, as amended, regarding standards for apartments and duplexes. City Planner Logan reported on the amendments and proposed ordinance as it now stands. He then made a suggestion regarding the recreation area require- ments; that when the site is over 14 units, 200 square feet per unit be re- quired, but that it would seem a hardship on 6 units as is now in the proposal. Mayor Harrison suggested, and it was then moved by Councilman Nordquist, seconded by Councilman Tuson that council delete "on sites containing a po- tential for over 6 dwelling units" and substitute the phrase "an area 200 square feet shall be developed exclusively for appropriate recreational use for each unit over 6. Motion carried with Councilman Nelson voting against. Carl Lanser, realtor, asked for a clarification of the height question, and this was quoted from the proposed ordinance. It was then moved by Councilman Tuson, seconded by Councilman Kincaid that • proposed Ordinance #1532, as amended, by passed, and the motion carried. CORRESPONDENCE A letter to Ronald Whaley, Director of Maintenance and Operation, from C. Phillip Thorliefson was read wherein he asked that the Public Works Department be instructed to complete the job of removing the sand and gravel from his yard at 1619 Ninth North, following a cave-in from diverted water when a culvert was dammed. It was moved by Councilman Sanborn, seconded by Council- man Nordquist to authorize the Director of Maintenance and Operation to pro- ceed with this work. Motion carried. A letter was read from Mr- John Doce, who was also present, requesting a proposal with site plan be allowed to be presented at tonight's meeting for an approximate 501 strip to straighten a jog and rezone of 10 dwelling units to expand their facilities at the Aurora Doces store. It was moved by Councilman Kincaid, seconded by Councilman Tuson that this matter be referred to the Planning Commission. Motion carried. COUNCIL PARTICIPATION Councilman Nelson asked if he might make a belated change in the January 19 minutes, under the Authorizing Engineering for Undergrounding Utilities, to change the word "branch" plant cost to "buried" plant cost. C� �a 'CIVIC CENTER i <250 FiP'rH Ave. N. .TI Office of City Clerk CITY OF E D M O N D S Irene Varney Moran Snohomish County, Washington PLEASE ADD THE FOLLOWING PARAGRAPH TO THE MINUTES OF THE MEETING OF THE EDMONDS CITY COUNCIL OF FEBRUARY 29 1971 Council authorized the City Engineer to call for bids to be opened at 2:00 P.M. on February 23 on LID #182, street construction and related work on 841� Avenue West from 2129 S.W. to the vicinity of 2159t or city limits. PRo.Pect 6-1107 a r • 1 1 Councilman Sanborn distributed copies of a report from Chet Bennett on the possibilities of construction of a Swimming Pool in Edmonds. Following his comment on the great amount of time and work Chet had put into this project, and at his suggestion, a motion was made by Councilman Nordquist, seconded by Councilman Kincaid that the record reflect appreciation to Chet Bennett for preparation of this report. Motion carried. Mayor Harrison commended Councilman Haines for his report on a listing of suggested standards of ethics for city officials. Councilman Nordquist submitted a report and illustrated his talk to council with a map showing his suggestion for redistricting the city into seven wards.' - each containing a number of precincts according to numb6r'of registered votors, which he felt would be a good system for election purposes. Each ward would be represented by a councilman, and it would eliminate the need for each candidate to campaign over the entire city. Councilman Haines stated that he had read where the town of Brier received a HUD grant for $1389000.00 for a sanitary sewer collection system, and he wondered why Edmonds couldn't qualify for a grant for sanitary sewer purposes. Councilman Haines suggested that a trunk line sewer be installed in areas that do not have severing, and when people are ready for sewers, LIDfs can be formed for them to connect;, -to this trunk, since homes on smaller lots in some areas are in greater need of sewering than large lot properties. • Councilman Haines asked that the CAO look into areas adjacent to Edmonds, especially around Highway 99 and 224th, with the thought of straightening out our city limit boundaries by annexation, now allowed under the Optional Municipal Code. Councilman Tuson asked that it be made a.matter of record that he will be absent from the council meetings of February 16 and March 2, as he will be on vacation. Councilman Tuson also again asked that the intersection at 5th and Dayton be. checked, as it remains a bad spot for potential accidents. CLAIMS FOR DAMAGES A claim for damages was acknowledged from David and Jane Gunn, and�'this was referred to the City Clerk for processing. EXPAND BOARD OF APPEALS TO SEVEN MEMBERS Mayor Harrison stated that the Board of Appeals should be expanded from five to seven members, and he -recommended combining the Board of Appeals and the Building Code Committee, with the two builders, Payne and McConnachie, bethg appointed to the Board. It was moved by Councilman Haines, seconded by Councilman Slye that the Attorney be instructed to prepare an amending ordinance to combine the powers of the Building Code Committee into a Board of Appeals, increasing the members from five to seven. Motion carried. HIGHWAY 99 - 76th INTERSECTION'"DESIGN • City Engineer Larson reported on the status of•the Highway 99 - 76th intersect- ion, and asked for authorization to submit the project for funds that would amount to approximately 53.467. from the federal government, with the remainder being paid by the state and city. There was much discussion, and it resulted in a motion by Councilman Slye, seconded by Councilman Nordquist that the recommendation of the City Engineer be accepted and he be authorized to submit plan Alternate A plus widening for better turning at 228th. Councilmen Haines and Sanborn questioned not having asked the county for approval, and it was moved by Councilman Haines, seconded by Councilman Sanborn to amend the motion to state that the change regarding 76th W. be submitted as requested with the widening,,when and if the county officials give written approval. It was stated by the Engineer that this was not a part of the UAB,,but rather a change in traffic pattern. Following more discussion, a roll call vote was. taken on the amendment, and with Councilmen Sanborn and Haines voting in favor; all other councilmen against; the amendment failed. The original motion then carried, with Councilmen Sanborn and Haines voting against. There was no further business, and the sleeting adjourned at 10:55 P.M. .54.4-A&L, , -Prene Varney Mor ,;.City Clerk H. Harrison, Mayor I] 146 February 16, 1971 - ROLL CALL The regular meeting of Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present except Tuson, who is on vacation. APPROVAL OF MINUTES The minutes of the meeting of February 2 had been posted and mailed. Council- ipan Nelson asked that the figures under the third item bn Appeal from Planning Commission Resolution 344 be verified, since the number of acres quoted for apartment zoning didn't add up. (Further investigation brought out that 9.1 acres not mentioned were developed for other uses, and therefore that particu- lar figure had not been quoted by the Planner for that reason.) Councilman Nelson also noted that under the heading of Water Installation Policy, para- graph 3, the phrase "based on a plane within the city's financial ability to replace" should read "based on a plan within the city's financial ability to replace". The minutes were then approved as corrected. ANNOUNCEMENTS Mayor Harrison announced that on,February 21 at 2:00 P.M. at the'Edmonds Senior High School gymnasium, the University of Washington wheelchair basketball team will play, and the Edmonds Jaycees have invited the Mayor, Councilmen and any Department Heads to participate in an exhibition game with this team. Mayor Harrison reminded council of the Association of Snohomish County Cities • and Towns dinner and meeting on February 17 at the Everett Yacht Club. HEARING: ANNEXATION OF PORTION OF 98th AVENUE S. Hearing was held'on annexation of that portion of 98th Avenue South between the northerly right-of-way line of Edmonds Way (Secondary State Highway No. 1-W) and the south boundary line of the plat of Olympic View Estates No. 1, extend- ed. The City Engineer reported that the County Commissioners plan to quit claim this area. Hearing was opened, and with no one in the audience wishing to comment, the hearing was closed. It was moved by Councilman Slye, seconded by Councilman Nelson that proposed Ordinance #1533 be passed, annexing this portion of 98th S. Motion carried. HEARING: PRELIMINARY ASSESSMENT ROLL - 9th PAVING, CURBS, GUTTERS, SIDEWALKS Hearing was held on the preliminary assessment roll for Resolution+tof Inten- tion 235, UAB paving,curbs, gutters, sidewalks, etc. on 9th from Casper to 232nd S. W. City Engineer Leif Larson explained the project and also the aone and termini method of assessment. Mayor Harrison read a letter from Alice Boulanger complaining that her property is landlocked with no easements for entrance, and should not be assessed since it will not be benefited. The City Engineer • pointed out that this property is figured in the 5% zone, and the City Attorney stated that the city council could act as a Board of Equalization in -regard to this property at the final assessment roll hearing. Hearing was then opened. A gentleman on 9th S. was concerned as to why he did not receive a notice of undergrounding of wiring as the people on 9th N. had. He said he had canvassed from Laurel south to Fir and of about 15 people, at least 11 were in favor of undergrounding. He admitted that the homes he canvassed were substantially view properties and therefore a biased sample, but they felt that underground- ing should be considered now and suggested that the area be surveyed again since such low figures were now indicated. He was told that his area would be more expensive because of the'transmission line location. Frank Rice, Commercial Engineer for the PUD was present, as well as the Chief Distribution Engineer who stated that south of Main on 9th contains one of the main trunks which would take additional expense, so it would involve reloca- tion of the high transmission line and would take about six months or more to get underway, so was not related in cost to the north part of 9th because of these factors. Mr. Rice noted thatwith the undergrounding being put in while the street is being LID'd, the PUD would stand the cost of the overhead moving. Councilman Sanborn stated that regardless of the time it would take, he felt it would be a shame to go ahead without the cost figures for 9th S. undeicground- ing. Councilman Nelson preferred handling the consideration of installation of undergrounding the entire length of 9th along with UAB. The PUD Chief Distribution Engineer stated that they did not plan for undergrounding of the high transmission line. Mrs. Nellie Wier, 205-9th S., said that she had already in past years paid for • 14 • paving, and wondered why she had to pay again. The City Engineer stated that this was a Local Improvement approximately 20 years ago, and that some side- walks had also been installed in fairly) recent years, but that credit would be given for the sidewalks. Robert Larson, 857 Maple, told council his property had full sidewalks and a street and he protested curbs, new sidewalks, and the street as not being needed. 'Mr. Nels Lindh, 855 Dayton, told council that since the people in his neighborhood had paid for improvements a few years ago, and most were retired and living on fixed incomes, it didnft seem right to have to pay all over again. A gentleman in the audience, speaking for Edna Anderson who lives at 117-9th S., said Mrs. Anderson is 88 years old, and al- though she is willing to go along with sidewalks, she opposed the street assessment. There was much council discussion, and a motion was then made by Councilman Haines, seconded by Councilman Sanborn that full credit ($4.00 per z.f.f.) be given to those abutting properties that have participated in curbs, gutters, and sidewalks, and have full improvements at this time. Motion carried. It was moved by Councilman Haines, seconded by Councilman Kincaid that where the curb and gutter are in, but no sidewalks, a $2.00 credit be given per zone front foot. This motion also carried. Mr. Posthumus, 601-9th S., asked when the plans were to improve 9th. Mr. Bell, 100th W., asked if the assessment received, was for the total cost for street, curbs and gutters, etc. The gentleman speaking in behalf of Mrs. Anderson, 117-9th S., asked if there would be any consideration given to saving of trees if they do not protrude more than 18 inches onto the sidewalk area, and could • there be an allowance for semi -circles in the 5 ft. sidewalk to save the trees whenever possible. The City Engineer explained that they would save as many trees as they can, but that in many cases, the improvement will damage the root system and the tree would die anyway, and could then become a danger. The gentleman also asked if Mrs. Anderson could have a rockery put in at her property, and the Engineer answered that where rockeries are required to finish the project, they will be installed. Mrs. Wier asked if there would be a lower grade at 9th and Dayton that would undermine the present rockeries., Richard Myhre, 530-9th N., stated that he wished to reiterate his protest of the entire project as designed, and that he believed it to be of no benefit and not justified. No one else wished to comment and the hearing was closed. A motion was made by Councilman Nelson, seconded by Councilman Kincaid that the City Attorney be instructed to redraft the ordinance creating the proposed' LID to be presented at the next council meeting, with the changes involving credits as proposed by tonight's council action. Motion carried with Council- man Sanborn voting against. ' Councilman'Sanborn noted that he was opposed to taking action at this time because he felt a width of 44 ft. as proposed was not warranted by the traffic counts, and that it was premature without cost,figures on underground wiring for the area south of -Main, since the people have a right to know this esti- mated cost in case they may be in favor of the improvement with the wiring included. HEARING: PRELIMINARY ASSESSMENT ROLL - UNDERGROUND WIRING ON 9th N., CASPER TO DALEY Hearing was held on the preliminary assessment roll for.Resolution of Inten- tion 234, undergrounding wiring on 9th N. from Casper to Daley Streets. City Engineer Leif Larson explained the project proposal, with 1/3 being City expense, 1/3 PUD and Telephone Co., and 1/3 chargeable to the LID. Mayor Harrison read a letter of protest from Mr. & Mrs. McKean, and the City Clerk read two protesting petitions with a total of 10 properties with Daley Street addresses and 9 additional 9th Avenue N. properties. A letter in favor of the underground wiring was read from Mr. & Mrs. Jack Bigford, 9th N. The City Engineer reported that 41.49. of the cost of the LID had filed protests to date. He stated that a preliminary questionnaire had been sent out to property owners all along 9th Avenue asking for an indication of wheather or not they would be interested in uderground wiring, and the answers received showed the majority of interest was in the 9th N. area. Mrs. McKean complained that she was not aware that a certain section was to:.be included for under - grounding; also she didn't know why the cost would not include wiring up to the meter box. Mr. Rico, PUD Commercial Engineer, answered that the PUD does not go onto private property, since there are too many facets and problems involved, and thus it is up to each, --customer to have his own wiring installed. Duane Graham, representing General Telephone, stated that they needed only the trench to the house; they will provide the wire; an electrical contractor must be hired by the property owner, but the Telephone Company makes the connection; but the Telephone Co. also does not do the olork on private property. John Wier, 841 Daley, asked if the people had a choice on the underground wiring situation. A gentleman in the audience said he felt the questionnaires sent out were a very preliminary survey only. CAO D..C. Lawson explained the • 30 day protest period following passage of an ordinance creating the LID, wherein over 609. written protest would automatically end the project. Mrs. 14S • McKean inquired why those in favor of the project don't have to write their O.K. and those who are neutral also have to write this. D. C. Lawson then explained the Resolution of Intention method versus the Petition method for LID's and stated that the city felt it was more democratic to use the Reso- lution of Intention method. A woman asked to have the Resolution of Intention method fully explained, and this was done. Richard Myhre stated that he was in favor of undergrounding the wires and would like to see all of the City of Edmonds' wires placed underground. A man living on the southwest corner of Daley asked for a clarification on where the underground wiring would begin and end. There was no further comment from the audience, and -.the hearing was closed. A motion was made by Councilman Haines, seconded by Councilman Kincaid that the southern terminus of the LID be south of the alley north of Daley for the project. Councilman,Sanborn suggested that this matter be postponed and re- analyzed for further study. Councilman Nordquist felt that council should hold an informal hearing to discuss the project,:with property owners and-PUD representatives. Councilman Nelson -said he also opposed the motion. The motion was then voted upon, with Councilmen Haines and Kincaid voting in favor; all other councilmen against, and it was defeated. Following discussion, a motion was made by Councilman Sanborn, seconded by Councilman Slye that the hearing be continued to March 2, and in the interim an informal hearing be held on February 23 at 7:00 P.M. in the council cham- bers with anyone interested in the underground wiring asked to attend, includ- ing representatives from the PUD. This motion carried. Mayor Harrison again publicly extended the invitation to all those interested • to attend this informal discussion on the underground wiring. HOUSING FOR ELDERLY IN EDMONDS A committee on Housing for the Elderly had completed work on the study of this need in Edmonds, and ways to meet the need. Members of the committee were Mrs. John Blackmon, Chairman; Mr, Les Pennington, Mr. Clye Dimmick, Mr, Merle Lee, Dr. Ralph Gregg, Mrs. Anita Busch, and Mayor H. H. Harrison, ex-officio. Mrs. Blackmon gave a report to council from the committee, noting that they had used the Dept. of Public Assistance, the Director of the South County Senior Center, and the King County Housing Authority as sources for indica- tions of need. After studying the various programs available, they felt the one best suited to the needs of the whole community at this time would be Public Housing (Section 23) called the leasing program, because it would con- sume some of the vacant apartments, keep the property on the tax.rolls, local people would have first preference for units under a local housing authority, and persons with low income would be scattered throughout .the community. Mrs. Blackmon added that according to HUD representatives, this program has the best chance of being funded. She added that it was therefore the committeels recoibmendation that Edmonds participate in the leasing program by either con- tracting with an existing authority such as Mountlake Terrace or King County to make application, or forming an Edmonds Housing Authority *ith a resolution by the council that application be made for the leasing program, with the resolution containing sections guaranteeing that all projects have the approv- al of the city council. The members of the committee felt that adjusting apartment parking standards for low-income elderly should not be a problem, as few of the tenants could afford cars. However, because of the very high rate of vacancy in existing apartments in the Edmonds area, common sense dictated that they recommend leased housing. The committee was coim bnded -by the council' for its excellent report,. 'and . .. Councilman Kincaid made the suggestion, and council decided, to take this under advisement for further study. OLYMPIC CYCLE CLUB - BICYCLE TRAILS Members of the Olympic Cycle Club gave a presentation on the need for bicycle trails in the city. They suggested trails by connecting secondary roads, and in light traffic areas, by marking these with bicycle signs to link up cities in Snohomish County. Councilman Haines suggested the Planning Director and Director of Maintenance and Operation take a look at the proposition, and it was thought that perhaps the pattern could coincide with proposed school walk- ways in some areas, since these walkways were on a first priority list. It was moved by Councilman Haines, seconded by Councilman Nelson that the council accept the idea of the bicycle trails in principle, but not designate any particular streets as such until the safety factor is engineered. Motion . carried. AUDITING OF BILLS It was moved by Councilman Haines, seconded by Councilman Kincaid that vouchers #12191 through #12368 in the total amount of $126,551.33 be approved, and the City Clerk be authorized to issue warrants in payment of these regular monthly bills. Motion carr:,ed. A motion was made by Councilman Haines, seconded by Councilman Kincaid that the following LID bills be approved for payment: 0 149 LID #161 - $299.25 to Dell E. Peterson, Plumbing and Heating, and $18.43 to Ech's Burner Oils, Inc., LID #164 - $1691.00 to Roberts, Shefelman,. Lawrence, Gay & Moch; $13.60 to Edmonds Tribune Review; and $395.79 to Norm's Print Shop; LID #179 - $709.00 to Reid, Middleton & Associates, Inc. and the City Clerk be authorized to issue an interest bearing warrant to Edmonds City Treasurer in the same amount to cover this bill; LID #183 - $37.10 to Edmonds Tribune Review, and the City Clerk be authorized to issue an interest bearing warrant to Edmonds City Treasurer in the same amount to cover�'this bill; LID #184 - to Systems Services Department; $30.80 to Edmonds Tribune Review, and the City Clerk be authorized to issue an interest bearing warrant to Edmonds City Treasurer in the amount of $103.59 to cover these bills; Motion carried. FIRST READING: PROPOSED ORDINANCE INCREASING BOARD OF APPEALS AND AMENDING 1970 BUILDING CODE First reading was held on a proposed ordinance to amend the 1970 Building Code with the 1971 supplement, and a section increasing the Board of Appeals from 5 to 7 members. It was moved by Councilman -Nelson, seconded by Councilman Kincaid that the";proposal for amending the'1970 Building Code by 1971 supplement be included pending review of the Code Committee. Motion carried. • RESET BID DATE FOR TREATMENT PLANT EXPANSION The City Engineer requested resetting of the date for opening of bids on the treatment plant expansion. It was moved by Councilman Nelson, seconded by -- Councilman Slye that the date for opening of bids on the treatment plant ex- pansion be reset to March 23# Motion carried. FIRST READING: PROPOSED ORDINANCE AMENDING 1971 BUDGET First reading was held on a proposed ordinance amending the 1971 budget --deal- ing with Engineering Department funds and Water & Sewer funds in the Capital Outlay expenditures. COUNCIL PARTICIPATION Councilman Nelson brought up the subject of vandalism in the destioying'of the trees on Main Street. A discussion was held on this problem, with the council feeling that perhaps a reward could be offered for information leading to the apprehension of the vandals responsible. Councilman Sanborn expressed concern over the notification of the property owners involved in an assessed area when the owner of record is a bank or mortgage company that neglects to notify the owner in time for'the hearing: - It was therefore moved by Councilman Sanborn, seconded by Councilman Nelson. that the City of Edmonds send a copy of the notice'of assessment directly to the property owners as well, when the bank or mortgage company is listed as the owner of record. Motion carried. • Councilman Nordquist wished the council to note that the bicycle club that had made an earlier presentation strictly was interested in signs, and was not asking for paving or other special improvements at this time. Councilman Slye wished to make it a matter of record that he would be absent from the next two council meetings as he would be out of town. APPOINTMENT TO BOARD OF ADJUSTMENT Mayor Harrison made the appointment of Mrs: Ann Rutter to Position #5 on the Board of Adjustment, term to expire 12/31/74. It was moved by Councilman Nelson, seconded by Councilman Slye to confirm the Mayor's appointment of Ann Rutter to the Board of Adjustment. Motion carried. CENTRAL DISPATCHING A letter was received from the City of Lynnwood requesting an answer in regard to the financial participation of Edmonds in a central fire dispatching pro- gram. Councilman Sanborn suggested that a request should be made to the General Telephone Co. for cost figures for the 911 program. Discussion was held, during which time Fire Chief Cooper reported on the study having been made by the Fire Chiefs on central dispatching, with the cost figures - supplied. Chief Cooper stated that as he saw it, the question before council was (1) do they desire to go along with Lynnwood at this time, or (2) are they, going to say they are ready to set up the 911 system covering south county or all of Snohomish County. Chief Cooper recommended setting up the'central fire dispatching at this time. He also reported that Congressman Meeds would be supporting legislation,for federal funding of the 911 system nationally. 0 150 11 Following much discussion, it was moved by Councilman Sanborn, seconded by Councilman Kincaid that the Attorney be instructed to draft a Resolution including the support of the 911 program in principle and indicate to the City of Lynnwood that they were not in favor of central fire dispatching only at this time because of financial reasons. Motion carried. DRAINAGE EASEMENT FOR STORM SEWER ON MAIN §TREET City Engineer Leif Larson asked for authorization to grant a drainage easement to the Highway Dept. in regard to SR 104, Edmonds Ferry Terminal to 5th Ave. It was moved by Councilman Slye, seconded by Councilman Nordquist that this easement be granted, and the Mayor be authorized to execute same. Motion carried. PRELIMINARY ASSESSMENT ROLL HEARING DATE FOR PHASE 3 - 76th UAB As requested by the City Engineer, it was vioved by Councilman Slye, seconded by Councilman Nelson that the date for hearing on the preliminary assessment roll for Phase 3 of the 76 UAB be set for April 6, 1971. Motion carried. There was no further business, and the meeting adjourned at 11:30 P.M. U Irene Varney Mora , City Clerk March 2, 1971 ROLL CALL H. Harrison, Mayor Regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with Councilmen Nelson, Nordquist, Kincaid and Haines present. Councilmen Tuson and Slye are on vacation, and Councilman Sanborn was out of town. APPROVAL OF MINUTES Minutes of the meeting of February 16 had been posted and mailed. Councilman Nordquist asked that the last part of the last sentence in paragraph 5 under the hearing on the preliminary assessment roll for underground wiring on 9th N. be omitted,and the sentence end following the last semi -colon. There were no other omissions nor corrections, and the minutes were approved as corrected. HEARING: FINAL ASSESSMENT ROLL - LID #177 Hearing was held on the final assessment roll for LID #177, phase I on the 76th UAB project. City Engineer Leif Larson reported on the preliminary estimate for total costs as compared against the final total cost, and added that there was no indi- cation of protests. Mayor Harrison opened the hearing. There was no one in the audience who wished to comment, and the hearing was therefore closed. It was moved by Councilman Kincaid, seconded by Councilman Nordquist that proposed Ordinance #1534 be passed, approving and confirming the final assessment roll for LID #177. Motion carried. HEARINGS: ON PLANNING COMMISSION RESOLUTIONS 345,347 and 348 Three Planning Commission resolutions were heard simultaneously by council; #345, on a proposed amendment to the official street map to establish a 60' wide street extending northward from 234th for approximately 600' (File ST-2- 70); #347, recommending approval of a rezone from RML to CG property north of 234th between 76th and Highway 99; and #3489 recommending approval of a rezone from RML to RS-8 on the north side of 234th between 76th and Highway 99. All these resolutions pertained to a parcel of land owned by Mr. Richard Schroeder. City Planner Merlin_: Logan explained about these several resolutions coming from the one situation, and the recommendations would provide bettersaceess to the interior part of the property by the establishment of the street, and also provide a boundary line between the commercial and residential zoning. Under Resolution 345, there had been four alternative street designs proposed, and the City Planner recommended Alternate "C" and suggested council adopt the bottom half of this plan. The location of the street was used as a basis for the applicant's proposal for rezoning.' There was much discussion, and council was concerned with the possibility of having a half street paved in the future, with a situation such as that on 1 • 0 • 1 1 0 • 8th Avenue, and they expressed strict avoidance of this. Hearing was, opened. 1 • 1 • 1 1 Dwight Hume, from Meyring & Associates, representing the petitioner, Mr. Schroeder, stated that he felt the City Planner had covered the entire subject very well, and there was not much to add. 'Mr. Richard Schroeder was also present and he was asked questions by the council in regard to the 330 ft. long green belt in the contract which Mr. Logan had presented to council. Mr. Schroeder mentioned that he would not object to putting the green belt back 1001 to the RS-8 zoned area. Councilman Kincaid felt the contract should become a part of the whole parcel of land and he noted that he had not had a chance to go over the contract, as it was presented to council tonight. Mr.' Schroeder did not object to Councilman Kincaid's suggestion to put paving of the whole street, not half, in this aforementioned contract, but he also stated that he would prefer to put the green belt out to the fence along the street, rather than moving it back to the RS-8 area. There was much discus- sion, and no one else in the audience wished to'comment on the hearings, and they were closed. A motion was made by Councilman Nelson, seconded by Councilman Kincaid that on agenda item #6, on Planning Commission Resolution 345, council instruct the City Attorney to prepare an ordinance to establish a 600 wide north -south street with alignment as shown on drawing Alternate "C", extending northward from 234th S.W. for approximately 6001. Motion carrfied. A motion was made by Councilman Kincaid to continue to the April 6 meeting the agenda items 4 and 5 in conjunction with the contract between Mr. Schroeder and the City Planner. This motion died for lack of a second. Councilman Haines made a motion that the proposed contract include the CG zone to within 201 of 234th, but this motion also died for lack of a second. It was then moved by Councilman Kincaid, seconded by Councilman Nordquist that Planning Commission Resolutions #347 and #348 be adopted subject to the ap- proval of a contract with Mr. Schroeder, and also include the agreement that both halves of the street be paved if the other half of the property is sold or subdivided, and the green belt be 1001 back from the fence along 234th in the area of the residential zoning, with.the City Attorney instructed to pre- pare an ordinance to include these stipulations. This motion carried. HEARING: RESOLUTION OF'INTENTION #234 - UNDERGROUND WIRING ON 9th N. Hearing had been continued from the meeting of February 16 on the preliminary assessment roll for Resolution of Intention #2349 underground wiring on 9th N. from Casper to Daley. On February 23 an informal hearing was also held with the involved property owners. City Engineer Leif Larson discussed some of the alternates that had been looked into, including the "utiliwalk" system, but this would mean a delay in installation which he felt was not justified, inas- much as the Urban Arterial Board could withdraw the funds if the delay is prolonged for improving 9th. He added that direct burial of lines is cheapest if done at the time of development, and that undergrounding of 9th from Main to Elm would of course be costlier than the 9th north section, but that figures would come from the PUD and Telephone.companies on this by the end of the week. Engineer Larson reported that 52.8% protests had been received, in- cluding the west part of Daley, and 50.4% deleting the west end of Daley. From the alley north of Daley to Casper, 44.2% protests were received. The City Engineer recommended making a decision one way or the other in order to go ahead with the paving without delay. Hearing was opened. A statement was read in favor of the underground wiring, signed by 9 property owners. Mr. Richard Myhre stated that people other than those on that petit- ion would be interested in being included in the undergrounding. One man asked if the Daley Street area had been deleted. Mr. Milholland told council he wished to be included, and that it was 100% in favor of undergrounding from the alley north of Daley to south of Carol Way. Natalie Shippen asked how many years it would be before it would be economically feasible to do this again. Mr. Bill Shaw of the PUD answered that it would probably be 25 or 30 years. Mrs..Shippen stated she was strongly in favor of undergrounding the wires now. Bill Hardman, 9th S., said he was all for doing the paving project with undergrounding, and the city would be negligent to put in the street without including this. Mr. Myhre said maybe there were some people who would like undergrounding, but perhaps felt it was too costly, and maybe the 'k gas tax money.coul,d be used to help with the financing. The City Engineer answered that the k gas tax money must be used on this project for the paving, but it was possible to include it for the ornamental lighting. Mr. Myhre added that he favored .undergrounding the wires in as extensive an area as possible and asked that the city tap every source for monetary help. A gentleman in the audience wondered if all the people realized the 10 year period in which to pay the assessment. Mr..Larson, 9th and Maple, made the statement thathe felt the time was now for complete and extensive under - grounding of wires in Edmonds. Bill Kasper noted that with a wider street after paving, the poles will be.more numerous than now. Some people on the west side of 9th were concerned with participating in the LID and not receiving benefit of elimination of obstruction of view, since they hhd no view in the first place. It was explained that the esthetic value of underground wiring E 152 was beneficial for the neighborhood whether it was view property or not. No. one else wished to comment, and the hearing was closed. A motion was made by Councilman Haines, seconded by Councilman Nelson to delete the undergrounding from the area south of the alley north of Daley Street, and the motion carried. It was then moved by Councilman Nelson, seconded by Councilman Haines that proposed Ordinance #1536 be passed, creating LID #183, for undergrounding of facilities on 9th Ave. N. from Casper to a point 110 feet north of Daley St. Motion carried. It was suggested by council to hold open the possibility'of use of the k gas tax to apply to ornamental lighting on 9th. A motion was made by Councilman Nelson, seconded by Councilman Haines to place on the council agenda of April 6 a proposal for a policy of having the city participate 100% oni-Aighting standards and luminaires on arterial projects. The motion carried. Councilman Nelson suggested that in regard to the city's 1/3 participation on the undergrounding here on 9th, that when citizens come back later and want an LID for this purpose, the city participate only to the extent of the same amount of money that is being spent now, regardless of the future costs, even though they might double. Councilman Kincaid felt that if the figures on undergrounding from Elm to Main were received from the utility companies by the end of the week, and the city could give the estimated cost per zone front foot to property owners, perhaps Mr. Hardman could then get an expression from the people concerned before the next Tuesday council work meeting. Mr. Hardman agreed that he would do this. The PUD and Telephone Company agreed to get their figures to the City Engineer by Thursday so that he might have the assessments refigured by Friday morning from Daley to Elm on 9th. Councilman Kincaid suggested that the information Mr. Hardman gathers over the weekend be in the -form of a petition for the people to sign, authorizing the city to proceed with the undergrounding in that area when the street is paved. It was therefore moved by Councilman Nordquist, seconded by Councilman Kincaid that a special infor- mal hearing be held from 7 to 8 P.N. on Tuesday, March 9 for the people on 9th S. interested in undergrounding of their wires. Motion carried. RESOLUTION OF INTENTION - PHASE III - 76th UAB A motion was made by Councilman Nordquist, seconded by Councilman Nelson that proposed Resolution of Intention #236 be passed, declaring the intention oV the city to improve 76th W. under Phase III of the UAB project, and the motion carried. RESOLUTION SUPPORTING 911 PROGRAM As instructed by the council at the last regular meeting, a resolution was presented by the Attorney regarding the support of the 911 program in principle, and it was moved by Councilman Kincaid, seconded by Councilman Nelson that proposed Resolution #238 be passed. Motion carried. ORDINANCE CREATING LID #184 A re -drafted ordinance with credits included as decided at the last council meeting was presented, and a motion was made by Councilman Haines, seconded by Councilman Nelson that proposed Ordinance #1536 be passed, creating LID #184, UAB paving of 9th from Casper to 232nd S.W. Motion carried. PROPOSED ORDINANCE INCREASING BOARD OF APPEALS AND AMENDING 1970 BUILDING CODE Since the Building Code Committee had not as yet met to discuss the amendment to the Code, it was moved by Councilman Kincaid, seconded by.Councilman Nelson that council defer action on these items until the next regular council meeting. Motion carried. SECOND READING: PROPOSED ORDINANCE AMENDING 1971 BUDGET Second reading was heard on a proposed ordinance to amend the 1971 budget by authorizing receipt and expenditure of funds within the Engineering Depart- ment and by increasing Capital Outlay in the Water and Sewer Departments by utilization of unexpended appropriation balance of the preceding budget adopted by Ordinance #1511. It was moved by Councilman Haines, seconded by Councilman Nordquist that proposed Ordinance #1537 be passed, and the motion carried. CLAIMS FOR DAMAGES Claims for damages were acknowledged from,William & Mae Ellis and from Mr. & Mrs. W. C. Medin. These were referred to the City Clerk for processing. 1 C • 1 • 1 u • REPORT ON BIDS - LID #182 153 1 1 • 1 Bids on LID #182, paving of 84th from 212th testhe south city limits, had been opened on Tuesday, February 23 at 2:00 P.M. in the council chambers. Present At bid opening were City Engineer Leif Larson, City Clerk Irene Varney Moran, Engineers Wayne Jones and Rhinehart Jung from Reid, Middleton & Associates, Inc., and several representatives from the bidding companies. The bids were: SCHEDULE I SCHEDULE II TOTAL Trice Construction $ 399904.70 $ 8,956.25 Universal Utilities Contractors, Inc. 43,007.50 89352.50 T & E Construction Knowles Construction 429881.10 499986.25 89545.00 8,725.00 $489860.95 519360.00 519426.10 (520711.25 City Engineer Larson reported that they had checked on the previous projects done by the low bidder in other areas, and he recommended awarding the bid to them. It was moved by Councilman Haines, seconded by Councilman Nelson that council accept the recommendation of the City Engineer and award the bid on LID #182 to Trico'Construction in the total amount of $48,860.95 and the Mayor be authorized to enter into contract with them. Motion carried. AUTHORIZE PREPARATION OF RESOLUTION TO CANCEL "PARADISE PARK" ACQUISITION Because of several circumstances, one being the increased cost of acquisition, it was moved by Councilman Haines, seconded by Councilman Nelson to instruct the City Attorney to prepare a resolution to cancel acquisition of the pro- posed "Paradise Park" area. Motion carried. FIRST READING: PROPOSED ORDINANCE TO CHANGE SALARY MAT First reading was held on a proposed ordinance to change:rythe salary ordinance mat from 3% biennial increases to A% annual increases. PROPOSED ACCEPTANCE OF MAIN STREET URBAN ARTERIAL PROJECT City Engineer Larson reported on the project as completed and the resulting over -run, wherein the City of Edmonds must bear the extra costs in its share due to delays in construction, etc. There was a great deal of discussion, and it was felt by council that since Edmonds was not the area where the trouble accurred, the increased cost to the city was excessive. 'More discussion followed, and it was then moved by Councilman Kincaid, seconded by Councilman Nordquist that acceptance not be.given tonight of the Main Street Urban Arterial project, but that the matter be taken up at a work meeting when all council members are present for discussion. Motion carried. AGREEMENT INVOLVING THE ILLUMINATION BETWEEN DAYTON AND MAIN ON SUNSET The City Engineer reported that the proposed agreement involving the illumin- ation between Dayton and Main on Sunset had been discussed with the State Highway representatives, and he recommended that council accept the agreement with the deletion of the luminaires on Sunset, which would reduce the city's cost from $17,300 to $6,000. His recommendation was also to authorize parti- cipation in the cost of the luminaires on Main Street for the ferry storage lane areas and one half the cost of the traffic light. It was moved by Councilman Nelson, seconded by Councilman Nordquist that council go along with the City Engineer's recommendation that the city not participate in the cost of the luminaires on Sunset, but do participate in their cost from Sun- set west to the ferry dock on Main, at a cost not to exceed $6,000. Motion carried unanimously. SET DATES FOR HEARINGS ON APPEALS FROM PLANNING COMMISSION RESOLUTIONS Appeals had been filed on two Planning Commission Resolutions, #349 from W.J. Kasper on denial of a rezone from RS-12 to RS-8, and #353 from G. John D'oces on denial of a rezone from RMH to CG.. A motion was made by Councilman Nelson, seconded by Councilman Nordquist that hearings on appeals from the recommend- ations in Planning Commission Resolutions #349 and #353 be set for March 16. Motion carried. SET DATES FOR HEARINGS ON PLANNING COMMISSION RESOLUTIONS Several Planning Commission Resolutions were presented for setting hearing dates before council and it was moved by Councilman Nelson, seconded,�by Councilman Kincaid that hearings on Planning Commission Resolutions #350, proposing a revised location for a future street, 183rd P1. S.W., east of 80th W., and #352 proposing a prodedure to determine a specific amortization period, be set for April 6. Motion carried. 40 154 • A motion was made by Councilman Nordquist, seconded by Councilman Nelson that hearing on Planning Commission Resolution #351, proposing alternate standards for residential access streets, be set for May 49 Motion carried. There was no further business, and the meeting was adjourned at 10:47 P.M. Irene Varney Moran ity Clerk H. Harrison, Mayor March::16� 1971 ROLL CALL The regular meeting of the Edmonds City Council was called to -order by Mayor Harve Harrsion with all councilmen present except Slye, who is on vacation. APPROVAL OF MINUTES Minutes of the meeting of March 2 had been posted and mailed, and with no omissions nor corrections, they were approved as written. AGENDA ITEMS 6 & 9 Mayor Harrison announced that agenda item number 7 would not be acted upon to- night as the City Planner had reported that the proposed'contract'.Ibetween the • City and the property owner involved had not yet been signed -by Mr. Schroeder. A motion was made by Councilman Nelson, seconded by Councilman Sanborn that council defer action on the proposed ordinances, including agreements,'for Planning Commission Resolutions 347 and 348 until the April 6 council meeting. Motion carried. Because agenda item number 6 was heard in conjunction with the two items under number 7, it was moved by Councilman Kincaid, seconded by Councilman Nelson that tonight's agenda item number 6, a proposed ordinance to establish a 60' street in accordance with Planning Commission Resolution 345, also be deferred to the council meeting of April 6. Motion carried. 9th AVENUE SOUTH UNDERGROUND WIRING Mayor Harrison reported that the special informal hearing on the possibility of undergrounding wires on 9th S. had been held last Tuesday evening as scheduled. He added that Bill Shaw, Frank Reis and Don Wright, representing the PUD, were here in the audience tonight with additional information to present to council. They stated that the PUD would like to defer the underground wiring on 9th 8. for a period of approximately 607days and during that period would put its engineering and commercial departments to work on the project, along with help from the Telephone Company and City engineering staff. Representatives from the PUD would also call on every resident within the involved area to fully explain the underground wiring situtation in order to clarify any problems regarding the proposed project. Mr. Wright went on to say that the PUD would probably be able to come up with realistic cost figures by that time'and they • felt that now is the ideal time to begin undergrounding the wires when this street is improved. Councilman Kincaid stated that he felt reluctant to run the chance of a delay on the calling for bids on this project,•:_;or 9th might not get paved in 1971. Councilman Sanborn agreed that a 60 day delay was bad, but since it would be the first PUD underground wiring project in Edmonds, both the PUD and the City could learn something from this, and it would seem terrible not to go ahead and allow the PUD some time to clarify the costs and project to the residents, and 60 days did not seem too critical. He added that it would certainly be an opportunity to acquire figures and costs for future arterials; 9th is the largest project in Edmonds to date; and the completed street would be in for a long time to come. Councilman Kincaid inquired if it took 60 days for the PUD to complete their survey, could they then proceed immediately thereafter on the proposed project? Mr. Wright answered that they would do their very best to be prepared to proceed. Councilman Kincaid then asked the City Engineer what a 60 days delay on the bid 'would mean. City Engineer Larson answered that although there was no advertisement for bids as yet, he had planned it for the latter part of April so that the contractor would be able to take advantage of the good weather, and a delay might result in the project going into next year. He expressed the preference of avoiding construction in winter if possible. When questioned by council, the Engineer stated that there would be no change in the city's design plans if the undergrounding is added to 9th S. Councilman Haines asked the PUD representatives what the delay would resolve - cost, public relations, or engineering time? Mr. Wright answered that with 9th Avenue being improved to become one'of the finest new streets in Snohomish County, underground wiring should be included if at all possible, but the residents probably do not have a full understanding of what is involved and • • perhaps the PUD can adequately explain it to them. At this point, Councilman Haines called for a five minutes recess, which the Mayor declared: Following the recess, Mayor Harrison again called the meeting to order, and council then asked the PUD if they could change the 60 day request to a 30 day delay, and in the meantime circulate,petitions for the underground wiring in order to eliminate the 30 day protest period and save that amount of time. Mr. Wright, after consideration, answered that the PUD would do their very best to complete these requirements within 30 days. A motion was made by Councilman Tuson, seconded by Councilman Nordquist that the PUD be allowed a period of 30 days to come up with their figures and a program, with signed petitions for the undergrounding on 9th S., to allow the petition method to be used instead of the resolution of intention method, thus eliminating the 30 day protest period. Motion carried. HEARING: ON PLANNING COMMISSION RESOLUTION 346 Hearing was held on Planning Commission Resolution 346, recommending an amend- ment to the City Code to increase service charges for applications regarding planning, zoning and platting request. City Planner Merlin Logan briefed the council on this request to update fees, most of which were set some years ago. He stated that the Edmonds fee schedule is low in comparison to the surrounding communities, and he presented a table • of charges showing those of surrounding cities as well as the county. This table also listed suggested charges for Edmonds. Mr. Logan said he felt ,the suggested charges were fair, as he was convinced the Planning Department ex- pends much time on these special services which are an extra cost to the city and its taxpayers. Hearing was opened. Capt. Shields stated he did not like the idea of raising the fees. No'one else in the audience wished to comment, and the hearing was closed. Following discussion and questions asked the Planner by council members for clarification purposes, it was'moved by Councilman Nelson, seconded by Council- man Sanborn that the Attorney be instructed to prepare an ordinance in accor- dance with the recommendations in Planning Commission Resolution 346, except that'on all rezones, change to a flat fee of $75.00 instead of using the Snohomish County .sliding scale approach. Councilman Haines stated that he was against an increase in the fees since the City Planning Department's time was for the benefit of all taxpayers and the good of the community as a whole, so that a change in zoning was not necessarily for the good of the applicant only, but a service to the entire city. f A roll call vote was taken on the motion, and resulted in a tie with Council- men Sanborn, Nelson and Nordquist voting in favor; Tuson, Kincaid and Haines against. Mayor Harrison broke the tie with a yes vote, and the motion carried. HEARING: ON APPEAL FROM PLANNING COMMISSION RESOLUTION 349 (W. J. KASPER) Hearing was held on the appeal of W. J. Kasper from Planning Commission Reso- lution 349, recommending denial of a proposed rezone from RS-12 to RS-8 • property described in File R-940. City Planner Logan explained the rezone request, which would make a potential of 16 additional lots. He projected a map on the screen showing land use and zoning of the area, and commented on the reasons for denial by the Planning Commission. Mr. Logan had recommend denial, also, explaining that there was no significant change in the area under application since it was originally zoned RS-12 in 1964. Also, soil conditions and the topography were not suited to smaller lots. Hearing was opened. Forrest Walls, 831 Daley, was opposed to the rezone request and asked the council to deny it, since he felt no situation now existed here to justify a change in the present zoning ordinance. He added that a rezone with a pro- posed addition of 16 lots would increase the population density substantially in the area, and this would have an adverse effect on the surrounding neigh- borhood and serve no public interest. Mr. Kasper, applicant, explained to council that there were 8 ownerships on the properties involved, and these properties were long strips of land with access problems. He said he felt the area had changed since the drawing of the comprehensive plan; that 9th Avenue will become a major arterial; and the streets in the area have opened up or land has been dedicated for this purpose. He stated that if the rezone is granted,, the inc rease in building lots would not exceed three, since only three property owners will be able to develop. No one else wished to speak either for or against the appeal, and the hearing was closed. Following council discussion, a motion was made by Councilman Kincaid, seconded by Councilman Tuson to uphold the recommendationiof the Planning Commission in 0 their Resolution 349, and deny the rezone. Motion carried. 156 HEARING: ON APPEAL FROM PLANNING COMMISSION..,RESOLUTION' 353. (G.,'JOHN_. DOCES) • Hearing was held on the appeal of G. John Doces from Planning Commission Resolution 353, recommending denial of a proposed rezone from RMH to CG property directly behind the Doces furniture store off Highway 99 as described in File R-1-71. City Planner Logan projected a map of the area involved on the screen, showing the zoning of the surrounding properties, and reviewed the site plan adopted in 1967 by the City as -:well as the requested proposed site plan. He also re- ported on the Planning Commission hearing, which included protests from residents in the neighborhood, and then went on to note that the 1967 contract agreement between Doces and the City stated that-Doces would not object to street improvements on 240th and/or 242nd at any future date. It was the recommendation of the City Planner that this rezone request be granted. The reasons stated by .the Planning Commission for denial were that the enlargement of the CG,zoning in this area.of the city is not needed because adequate areas of such zoning have already been established in the vicinity and also that truck traffic generated by the existing commercial development is causing a problem on the local residential streets. Hearing was opened. Darrel Myers, 24023 - 79th P1. W., complained of a history of pushing commercialism in this area, and stated that there were already traffic problems on 240th, as well as drainage problems, and he mentioned what he called the abominable condition of the multiple zoned area behind the store. A woman living across the street from the Doces apartment zoned property on 242nd stated that she was in favor of straightening out the north -south line of commercial zoning and could see no objection to granting this rezone. Tom Murphy, resident in the culdesac east of the multiple zoned property behind . the store, said that as time changes, additional request will be made to re- zone the RMH to more commercial and he felt this should be done all at once, not piecemeal. A woman living east of the Doces property on 240th objected to the drainage problem that she said had increased since the building of the Doces store, and she felt the drainage problems in the area should be taken care of before any expansion is allowed. Edmonds Chief Administrative Officer, D. C. Lawson, answered that any type of development will cause runoff and result in some drainage problems. Bob Boye, Planning Commission member, was in the audience and stated that he lives in the area in question and had opposed the rezone. He added he would like to see a stop to commercial rezones on the east side of Highway 99 and try to keep that triangle residential from the highway to 76th. He suggested that perhaps the council might negotiate with Doces to allow expansion of the commercial zone for the addition to the warehouse portion of the store in exchange for the apartment zoned area to be returned to single family, and perhaps straighten out the north -south line of commercial zoning. Mr. G. John Doces explained that all the parking area around the furniture store has drainage tile as required; that the proposed apartments for the RMH 'zone had not been built because of the past and recent tight money situation;z and that the RMH zoned land behind.the store drops off steeply to the east, and someone has been hired to clean up the property. A woman in the audience asked Mr. Doces why his name had not appeared on a petition to improve 240th, and he said he had not seen any petition. However, Councilman Sanborn clari- fied this problem by explaining to the woman that in any case, Mr. Doces would not have to sign a petition because it was a part of his original contract agreement with the city that he would automatically participate in any LID on those streets in question. A gentleman in the audience inquired about the proposed negotiation for allowing the commercial line to be straightened and the RMH property zoned back to single. Mayor Harrison asked Mr. Doces what he thought of this suggestion and Mr. Doces replied that the land there was owned by the family enterprises and he added that he would not need any more ware- house space in the future, so would not be asking for more expansion to commer- cial. He also felt that with the proposed expansion, there would be even less truck traffic necessary. Except for one other man in the audience who stated that he was in favor of stopping commercialism in the area, no one else wished to comment, and the hearing was closed, Councilman Haines suggested several points that might be included'in the pro- posed new contract with Mr. Doces, and he then made a motion, seconded by Councilman Sanborn that council approve the appeal of G. John Doces and grant the rezone as requested, subject to signing of a satisfactory contract to include the following items: that the warehouse be used for storage purposes only; enlarge the depth of the green belt; satisfactory site maintenance, in- cluding the clause tha�t_the city clean the RMH zoned area at Doces' expense if it is not taken care of immediately; post limits on trucks; and that any drainage problem caused by the building be adequately taken care of. A roll call vote showed all councilmen in favor except Tuson and Nordquist, and the motion carried. AUDITING OF BILLS A motion was made by Councilman Haines, seconded by Councilman Nelson that the following LID bills be approved for payment; LID #151 - $148.12 to Edmonds City Treasurer for assessment on easement; LID #179 - $28.70 to Edmonds Tribune Review for legal publications; 1 11 • C • 1 LJ LID #184 - $40501.44 to Reid, Middleton & Associates, Inc. for engineering • 157 • services, and the City Clerk be authorized to issue an interest:.bearing warrant to Edmonds City Treasurer in the same amount to cover this bill; Motion carried. It was moved by Councilman Haines, seconded by Councilman Nelson that warrant #8 in the amount of $761.28 be paid to Reid, Middleton & Associates, Inc. from 1970 Water -Sewer Revenue Bond funds for engineering services in connection with utilities construction for 84th Ave. W. UAB project not chargeabel to the UAB. Motion carried. A motion was made by Councilman Haines, seconded by Councilman Nelson that warrants #12369 through,412572 in the total amount of $247,363.33 be approved and payments of these regular monthly bills be authorized. Motion carried. PROPOSED RESOLUTION TO CANCEL ACQUISITION OF "PARADISE PARK" AREA As instructed at the last council meeting,, the Attorney presented a resolution relinquishing the city rights under contract No. Wash. OSA-31 (G) for a grant for open -space purposes through the Department of Housing and Urban Develop- ment for acquisition of proposed Paradise Park. A motion was made be Council- man Nelson, seconded by Councilman Tuson that proposed Resolution #239 be passed, and the motion carried. SECOND READING: PROPOSED ORDINANCE INCREASING BOARD OF APPEALS A motion was made by Councilman Haines; seconded by Councilman Nelson that • proposed Ordinance #1538 be passed, amending section 11.02.020'of the Edmonds City Code by increasing the number of members of the Board of Appeals from 5 to 7 and setting forth their terms of office. Motion carried. APPOINTMENTS TO BOARD OF APPEALS • 1 1 Mayor Harrison then made the appointments of Walt Payne and C. A. McConnachie to the Board of Appeals, and a motion was made by Councilman Nelson, seconded by Councilman Tuson that the Mayor's two appointments to the Board of Appeals be confirmed. Motion carried. PROPOSED ORDINANCE TO CHANGE SALARY MAT FROM 3% BIENNIAL INCREASES TO li/. ANNUAL INCREASES It was moved by Councilman Nelson, seconded by Councilman Sanborn to continue to the April 6 meeting the second reading of the proposed ordinance to change the salary mat from 3% biennial increases to 1Y/. annual increases. Motion carried. CLAIMS FOR DAMAGES Claims for damages were acknowledged from Peggy Ann Layman and from Edwin L. Sather. These were referred to the City Clerk for processing. APPOINTMENT TO BOARD OF APPEALS The Mayor made the appointment of Paul Hauge to the Board of Appeals, and a motion was made by Councilman Kincaid, seconded by Councilman Nelson that the Mayor's appointment of Paul Hauge to the Board of Appeals be confirmed. Motion carried. AUDIENCE PARTICIPATION Mr. Luthard Stavney, 1621 9th N., complained to council about a drainage problem involving his property, and this was referred to the City Engineer for investigation and report. There was no further business, and the meeting was adjourned at 11:45 P.M. ieslg�_" 044 Irene Varney Moran, gty Clerk April 6, 1971 ROLL CALL H. Harrison, Mayor The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with five councilmen present. Councilman Sanborn was ill and Councilman Nordquist was also absent. APPROVAL OF MINUTES Minutes of the meeting of March 16 had been posted and mailed, and with no omissions nor corrections, they were approved as written. • HEARING: PRELIMINARY ASSESSMENT ROLL - RESOLUTION OF INTENTION 236 - PHASE III 76th UAB 0 Engineer Larson explained this was the final portion of 76th to be approved total cost of the three phases, and cost of this phase. He further ex- plained to the people in the audience the zone and termini method of assessment and the way in which the assessments could benpaid. He stated there was a tentative starting date of May, and'that the bid calls for completion in 90 days. Hearing was then opened. Mrs. John Patterson, 18815 78th P1. W. stated they were against the side- walks being put in. She said the back of their lot f aced 76th, it is a very steep bank and would not be usable by them. She said kids cut across their backyard all the time now and that with the installation of a sidewalk there would be more, and that they would need to install a fence. Eng. Larson said their property was in a reduced assessment zone because they do abut 78th. Councilman Nelson said he had been contacted by Mr. James Barndt, 18807 78th P1. W. discussing benefits for people with side yards and back yards abutting 76th. Attorney Murphy said that benefits perhaps are not personal, but in the event of sale of property appraisers first look to improvements to property and immediately raise the valuation of the property. Engineer Larson stated that regardless of whether the sidewalks are installed, the City would have to pay 10% of the cost and the cost would probably still be $4.00 per zoned front foot.- A gentlemen in the audience said he understood the City had trouble with the contractor on Phase II in keeping the dirt down. Engineer Larson stated that it was written in the specs that the dirt would be controlled, It was also stated in the Phase II specs, but there had been a mix-up at one time. Hearing was closed. It was moved by Councilman Kincaid, seconded by Councilman Slye that Ordinance #1539 be passed establishing L.I.D. #185 for the construction of concrete sidewalks, curbs and gutters and paving of 76th Ave. W. Phase III of the UAB. Motion carried unanimously. :Councilman Haines asked that someone in the Engineering Dept. contact the people on 78th Place W. to explain the project, the benefits and what would be done by the City. HEARING: ON PLANNING COMMISSION RESOLUTION 350 - PROPOSING REVISED LOCA- TION FOR FUTURE STREET, 183rd PL. S.W., EAST OF 80th WEST. City Planner Logan stated that Mr. Earl Smith, 18325 80th Ave. W. had applied for a sub -division of his property and that the Planning Commission Street Map was not accurate in the placing of the street, but -that a survey had been made of the area now and the street would have to be located in the bottom of a steep valley. He said the R/W does take a corner of Mr. Smiths' ,property, but that he still desires to 'subdivide and with the street would still have sufficient square feet for two lots. Mr. Smith stated there was an existing 20 foot easement but that only 15' had been used. He said that unless he could have a 15' street he could not get to the back of his property. James L. Thompson, 18305 80th Ave. W. said it had been his understanding that a fire station would be built in the Perrinville area and that he was much in favor of the street being put in as it would benefit many people. He asked where he would stand if an L.I.D. was established to put in'a street, and property would have to be obtained from him. Attorney Murphy said in the event the street went in he would be paid the appraised price for his property and in turn pay his assessment. Engineer Larson said the extension of 184th to Olympic View Drive would be impossible because of the cliff, but the establishment of 183rd P1. S.W. would provide emergency circulation. Engineer Larson stated he would not recommend the street be put in at this time. A motion was made by Councilman Haines, seconded by Councilman Kincaid that Ordinance #1540 be passed amending the official street map adopted by Section 12.03.080 of the Edmonds City Code, as amended, by revising the location of a future street, 183rd P1. S.W. as provided by Plan- ning Commission Resolution No. 350, and recommend to the Board of Adjustment that a 3 foot variance be granted Mr. Smith from 18 foot ` road to a 15 foot road. Motion carried. HEARING: ON PLANNING COMMISSION RESOLUTION 352 - PROPOSING PROCEDURE TO DETERMINE A SPECIFIC AMORTIZATION PERIOD. City Planner Logan explained that at the time of the Planning Commis- sion hearings on zoning the annexed areas of the City of Edmonds it was established that business buildings in residential areas have an amortization period of 15 yeatsi�:. At the request of Mr. E. C. Collier, the owner of Evergreen Industries they were seeking to find a more fair treatment to owners of such non -conforming uses. Mr. Colliers prop- erty is brick and block with a tile roof and with the present amorti- zation period would have a life expectancy of only 8 more years. He has had several negotiations for sale or lease, but cannot do anything 1 • 1 1 L_J • when the people know ,there is only a future of 8 years. Planner Logan said he had talked to several appraisers and that their best cost estimate for fee for appraisal to establish a specific amortization period for an individual property and that the figure was between . $300.00 and $500.00. Councilman Tuson stated that the fee charged the property owner in this proceedure should be sufficient to cover the cost of consultant, as he felt it was not right tax money be used for this purpose. He suggested a certified check from the owner with the balance to be refunded if not used. As there was no one in the audience who wished to comment, the hearing was closed. Councilman Haines stated that at the time the buildings were erected in the county they were conforming and that there is no abatement in the county. He suggested that,the buildings and grounds be beautified in lieu of abatement. Captain Shields spoke from the audience and said the City told the people at time of annexation that whatever had been legal in the County would continue to be legal in the City. Attorney Murphy stated the City has the right to do this as long as they give an abatement time for the property. He thought this specific amortization period should be done on a case by case basis. A consultant would give his report, buti7. the City still would have the final say. Attorney Murphy recommended the Council pass the ordinance which would amend nothing, and then recommend the Planning Commission go ahead and work on beautification in Lieu of abatement. This would help to relieve Mr.,Colliers' problem. Councilman Tuson moved, seconded by Councilman Slye that the City Attorney be instructed to rewrite the proposed ordinance to include the posting of cash or other valuable securities sufficient to cover the cost incurred in consultants expenses to establish an amortization period and the difference in fees be returned to the applicant. Motion carried. It was moved by Councilman Haines, seconded by Councilman Slye that a recommendation be • made to the Planning Commission that they study the beautification proceedure to be used in lieu of abatement proceedings. Motion carried. PROPOSED ORDINANCE TO CHANGE SALARY MAT FROM 3'/. BIENNIAL INCREASES TO lz'/. ANNUAL INCREASES. CONTINUED FROM MARCH 16 Finance Director Art Zerbach explained the proposed salary mat. This matter had come up in negotiations with the unions. He said the proposed mat would change the total salary budget for the city less than 2% in the first year, or approximately $59000.00. Council- man Kincaid who was a member of the negotiation committee stated that it was an -act of good faith on the part of the city and that he was recommending the adoption of the ordinance. A motion was made by Councilman Haines, seconded by Councilman Nelson that Ordinance #1541 be passed amending Ordinance 1526, the 1971 Salary Ordinance, by providing a 1.5% annual longevity increases. Motion carried. It was moved by Councilman Kincaid, seconded by Councilman Nelson that the effective date for Ordinance #1541 be set at April 1, 1971. Motion carried. PROPOSED ORDINANCES INCLUDING AGREEMENTS FOR PLANNING COMMISSION RESOLUTIONS 347 AND 348 CONTINUED FROM MARCH 16 REZONE FROM N. SIDE OF 234TH. Planner Logan stated the Schroeders have submitted a contract to establish a 15 foot green belt. This would be 6 foot height at,time of planting with a 15 foot full height. It would be sight obscuring at maturity. A motion was made by Councilman Kincaid, seconded by Councilman Nelson that Ordinance #1542 be passed amending the official zoning map, by changing the zoning classification • from multiple residential, low density to single family residential, pursuant to Planning Commission Resolution No. 348, and from multiple residential, low density to general commercial pursuant to Planning Commission Resolution No. 347. Motion carried, with Councilman Tuson abstaining because he had not been present when this matter was brought to council. PROPOSED ORDINANCE TO ESTABLISH 60' STREET IN ACCORDANCE WITH PLANNING COMMISSION RESOLUTION 345 CONTINUED FROM MARCH 16 City Planner Logan explained the proposed amendment to the official street map of the City of Edmonds. A gentleman in the audience asked when the street would be put in and Ras told this was only a proposed street for sometime in the future. It was moved by Councilman Kincaid, seconded by Councilman Slye that Ordinance #1543 be passed amending the Official Street Map of the City of Edmonds pursuant to Planning Commission Resolution #345. Motion carried, with Councilman Tuson abstaining because he had not been present when this matter was brought to Council. PROPOSED REZONE ORDINANCE. WITH AGREEMENTS. FOR PLANNING COMMISSION RESOLUTION 353 (DOCES) Councilman Kincaid asked if there was a time limitation on the installation of the Green Belt. Planner Logan said there was not and that the installation would probably not be until an apartment complex was developed, but that it was not visible from the homes below the hill, so there is nothing to be buffered. Councilman Haines stated he thought the agreements were as the Council had instructed to the attorney to draw them. It was moved by Councilman Haines, seconded by Councilman Kincaid that Ordinance #1544 be passed amending the official Zoning Map of the City of Edmonds, -by changing the zoning 0 _1 U 0 1 classification of certain property from multiple residential, high desity to general commercial overruling Planning Commission Resolution No. 353 and authorizing the ex- ecution of an agreement and covenants. Roll call vote had Councilmen Nelson, Slye, Kincaid and Haines voting yes and Councilman Tuson voting no. Motion carried. PROPOSED ORDINANCES TO PROVIDE AMENDMENT CHANGES TO CITY CODE AND REVISING FEES FOR SUBDIVISIONS, ETC._ Attorney Murphy explained that the first proposed ordinance was a housekeeping : Ordinance to, provide- that -:amendments - to,- the,, Edmonds. City Code may set forth in full subsections as well as whole sections of said code. That would keep the ordinances from being so lengthy and keep the publication costs down. Councilman Haines moved, seconded by Councilman Nelson that Ordinance #1545 be passed amending Section 3 of Ordinance No. 857. Motion carried unanimously. The City Attorney explained the revision of fees for applications to subdivide, amend Official Street Map, etc* pursuant to Planning Commission Resolution No, 346. It was moved by Councilman Nelson, seconded bygCouncilman Kincaid that Ordinance #1546 be passed revising fees pursuant to Planning Commission Resolution #346. Motion carried. CORRESPONDENCE A letter was read from Stan Sorensen, Chairman of the Ecology Commission concerning the plans for beautification for the ferry holding area. Mayor Harrison said the Council would discuss this at their'next work meeting. A petition was read from a group of residents on 194th P1. S.W. asking the City Council . to abolish Ordinance #1459, which deals with Planned Residential Developments. A motion was made by Councilman Tuson, seconded by Councilman Slye that the petition be referred to the Planning Commission for consideration. Motion carried. COUNCIL PARTICIPATION Councilman Haines said he thought the Council should recognize the Stevens Memorial Hospital Guild production of Music Man , the cast and thank them all for the good work they are doing for the community. Councilman Haines then moved, seconded by Council- man Kincaid that the City,Attorney be instructed to draw a Resolution of Commendation for the production of Music Man. Motion carried. Councilman Haines stated that for all future rezones he thought that all registered owners in an area be a party to the rezone application. A motion was made by Councilman Haines, seconded by Councilman Tuson that the recom-' mendation be made to the Planning Commission that all registered owners be a party to rezone applications. Motion carried. CAO REPORT Chief Administrative Officer Lawson stated that the city income was remaining on a sound basis despite the depressed economy of the area. Income is close to the esti- mates. City Engineer Larson reported on the 9th Ave. protests - LID #183 - undergrounding and LID #184 - street improvements. LID #184 and 1% protest and LID #183 had 53% protest. He said it was now the Council'-s decision on whether or not to go ahead with the under - grounding because it was below the 60% protest which automatically ends a project. A motion was made be Councilman Slye, seconded by Councilman Tuson that the attorney be instructed to draw an ordinance to repeal L.I.D. #183. Roll call vote had Council- men Nelson, Kincaid and Haines voting no, and Councilmen Tuson and Slye voting yes. Motion failed. Councilman Haines stated he thought this was not a normal LID,that the other citizens of the City are helping to subsidize the project and he thought the City should go ahead with the undergrounding. Councilman Kincaid suggested they wait until the April .16th Council meeting when they get the report on 9th Ave. South. He said three years planning have gone into this project and he would hate to see it dropped so fast. Discussion was held on the delay and what it would do to the proposed LID schedule for the street and the -design and installation schedule of the P.U.D. Councilman Nelson said he thought,'they should approve the undergrounding on 9th N. because the city is participating one-third of the total cost. Councilman Kincaid moved that any action on L.I.D. #183 be delayed until April .16th pending the decision on 9th Ave. S. Motion died for lack of a second. APPROVAL OF EQUIPMENT RENTAL RATES It was moved by Councilman Tuson, seconded by Councilman Slye that the proposed Equip- ment Rental Rates be approved. Motion carried. • I F 9 161 n LJ CASH PREPAYMENT ORDINANCE FOR LID #179 Y A motion was made by Councilman Slye, be passed closing the cash -prepayment authorized. Motion carried. seconded by Councilman Nelson that Ordinance #1547 period for LID #179 and the issuance of bonds be ACCEPTANCE OF PLANNING COMMISSION RESOLUTION 354 - RECOMMENDING DENIAL OF AN AMENDMENT_ ' TO ZONING ORDINANCE TO ALLOW RECONSTRUCTION OF DESTROYED NON -CONFORMING APARTMENT BUILDING. It was moved by Councilman Slye, seconded by Councilman Tuson that the acceptance of Planning Commission Resolution.#354 be tabled to the April 20th meeing. Motion carried. SET HEARING DATE FOR PLANNING COMMISSION RESOLUTION 355 - RECOMMENDING APPROVAL OF AN AMENDMENT TO CHANGE REGULATIONS OF DUPLEX STRUCTURES IN APARTMENT AND BUSINESS ZONES. It was moved by Councilman Slye, seconded by Councilman Kincaid that hearing on Planning Commission Resolution #355 be set for May 4, 1971. Motion carried. CONSIDERATION OF REQUEST FOR ANNEXATION A motion was made by Councilman Kincaid, seconded by Councilman 'Tuson that the request for annexation be denied because it is not the policy of the City to annex on a piece- meal basis. Motion carried. CONSIDERATION OF NEW RATINGS AND PAY IN POLICE DEPT. AND FIRE DEPT. Chief Foster explained the request for the ratings of 3 new captains, and that in the • event one of the captains acted as Chief for 15 days or more in any six month period he then gets 3%.additional pay. The rankl,,of Captain already has been established by the Civil Service Commission. It was moved by Councilman Haines, seconded by Councilman Tuson that the rank of captain for three men be established in the Police Dept. and that the Civil Service Commission be directed to hold examinations to determine an eligibility list of at least 3 persons, with the pay established at $1,006.00 per month, with the understanding that in the event one of the captains acts -as Chief for 15 days or more in any six month period he then gets 3% additional pay, or $1,036..00 per month. Motion carried. Chief Cooper explained this was an adjustment to wages as the Assistant Fire Chief is now earning $9.00 per month less than the Lieutenant. He recommended the salary of Assistant Fire Chief be set at $1,006.00 per month. Councilman Slye moved, seconded by Councilman Tuson that the City Attorney be instructed to draw an ordinance amending the Salary Schedule to set the Assistant Fire Chief salary at $10006.00 per month.. A roll call vote had Councilmen Nelson, Tuson and Slye voting yes, and Councilman Kincaid and Haines voting no. Motion failed for lack of 4 yes votes. COUNCIL CONFIRMATION OF DONALD TUSON AS EX-OFFICIO MEMBER OF BOARD OF APPEALS Mayor Harrison announced that Councilman Tuson had accepted the exofficio member- ship of the Board of Appeals. CONSIDER ESTABLISHMENT OF A HOUSING AUTHORITY FOR THE CITY OF EDMONDS • It was moved by Councilman Slye, seconded by Councilman Kincaid that the matter of housing authority be tabled to the April 20th Council meeting. Motion carried. PARTICIPATION IN OVER RUNS ON THE MAIN STREET UAB, PROJECT A motion was made be Councilman Haines, seconded by Councilman Slye that final acceptance and payment (including payment of overerun costs) be made on the Main Street UAB project. Motion carried with Councilman Kincaid voting no. REPORT ON BIDS FOR TREATMENT PLANT EXPANSION AND SEWER OUTFALL EXTENSION Bids were opened in the Edmonds City Council Chambers March 23rd at 2:00 P.M. with Engineer Larson, Dick Allen, Lloyd Nelson, Doug Ames, City Clerk and repre- sentatives of participating firms in attendance. Engineer -Larson recommended that after going over the bids the low bids of Will Construction Co. for the Sewage Treatment Plant Expansion in the amount of $568,397.00 and the bid of A.H. Powers, Inc. for the Construction of Outfall Sewer Extension in the amount of $21,577.00 be accepted. It was moved by Councilman Tuson, seconded by Councilman Slye that the bid of Will Construction Co. in the amount of $568,397.00 and the bid of A. H. Powers, Inc. for the Construction of Outfall Sewer Extention in the amount of $21,577400 be accepted. Motion carried. Meeting adjourned at 11:45 P.M: t U Irene Varney Moran, Cift Clerk H. Harrison, Mayor 0 162 April 20, 1971 ROLL CALL Regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present except Kincaid, who is on vacation. APPROVAL OF MINUTVS Minutes of the meeting of April 6 had been posted and mailed, and with no omissions nor corrections, they had approved as written. PROPOSED ORDINANCE41548 - NUMBER OF BONDS ISSUED FOR LID 179 A motion was made by Councilman Sanborn, seconded by -,Councilman Nelson that proposed Ordinance #1548 be passed, amending Section 2 of Ordinance 1547 re- garding the number of bonds to be issued and the denominations thereof in connection with LID #179. Motion carried. PLANNING COMMISSION RESOLUTION 354 Planning Commission Resolution 354 had been presented to council at the April 6 meeting. This recommended denial of an amendment to the Zoning Ordinance to allow reconstruction of destroyed non -conforming apartment buildings. City Planner Merlin Logan stated that he had been ill the evening he was to brief the council on this item, and therefore it was moved by Councilman Nordquist, seconded by -Councilman Slye to continue this agenda item to the meeting of May 4 and have the City Planner brief the council at their next work meeting. Motion carried. CONSIDER ESTABLISHMENT OF A HOUSING AUTHORITY FOR CITY OF EDMONDS Mayor Harrison said that although the Snohomish County Housing Authority could be utilized byPthe City, he recommended that Edmonds establish its own housing authority in order to keep local control. He again noted the results from the study on housing for the elderly in Edmonds, and called upon Mrs. Blackmon, Chairman of the Study Group, to repeat the recommendations given to council. Mrs. Blackmon read the recommendations, which included suggesting a local housing authority with the leasing program as being the first choice for Edmonds. Foll6wing some discussion, a motion was made by Councilman Nelson, seconded by Councilman Tuson to instruct the City Attorney to prepare an ordinance to establish a leased housing project under Section 23 of the U. S. Housing Act for the City of Edmonds. Councilman Sanborn, after discussion and decision, restated the motion for the Attorney to prepare a resolution stating that the Council is in favor of the Section 23 approach, and instruct the City Attorney to them study -;rand report on the implementation and control by council in this matter. Councilman Tuson seconded the motion, and it carried. In regard to the proposed Housing Authority, Councilman Haines stated that he was not in favor of a one purpose group being created. Councilman Sanborn, who was interested in the implementation and control by council, asked if the Attorney could have a report on this by the next council work meeting, and he then made a motion, seconded by.. -Councilman Slye that the consideration of establishment of a housing authority for the City of Edmonds be placed on the next council meeting agenda, May 4, and the item also be on the next work meeting agenda. Motion carried. UNDERGROUND WIRING - 9th AVENUE City Engineer Leif Larson reported on the findings,.by the PUD for underground wiring on 9th Avenue from Daley to Elm Streets. The PUD had submitted petitions bearing the signatures of property owners in favor of the undergrounding, and these had been found to approximate 18% in favor. Mr, Frank leis, represent- ing the PUD, thanked the council for the extra 30 day delay they had allowed. He told of the designing and pricing on 9th and the contact with property owners. Mr. Reis added that they had contacted 66 property owners, and were convinced that although some were very definitely in favor of underground wiring, the majority did not wish to convert and be assessed at this time. The 9th South underground wiring therefore was dropped. City Engineer Leif Larson then reported that the protest on 9th N. had been 53.3%, but that one property owner! had withdrawn his protest, reducing the percentage to 47, but this had been submitted after the protest period had expired. Mr. Bill Kasper, in the audience, stated that he was the property owner who had given his notice of withdrawal. Discussion followed, and it was moved by Councilman Slye, seconded by; Councilman Sanborn that the City Attorney be instructed to prepare an ordinance to repeal LID #183, undergrounding on 9th N. from Casper to Daley. Councilman Haines felt that with Mr. Kasper's withdrawal of his protest, the percentage against would be under 50%, and the project should therefore proceed since it was being subsidized by all the citizens of Edmonds. D 1 1 1 1 0 13 r� U Councilman Sanborn answered that the people probably would like very much to have the underground wiring, but cannot afford it, and over 50% of them have stated they do not want to pay for it. Councilman Nelson thought there was a continual affirmative feeling for undergrounding, and it is an -,altogether different project from most LIDts. A roll call vote was then taken on the motion to repeal, with Councilmen Sanborn, Tuson, Slye and Nordquist voting in favor; Nelson and Haines against, and the motion carried. It was then moved by Councilman Haines, seconded by Councilman Tusonthat the Utility Tax that was set up for the specific purpose of underground wiring be repealed. There was a great deal of discussion on this subject, wherein it was pointed out that the tax was not segregated to show what specific amount was for undergrounding and there would be other arterials where undergrounding might be installed. Chief Administrative Officer D. C. Lawson stated that he, felt it inopportune at this time to cancel out the Ytility Tax, since there is even at present a petition in the hands of the council for underground wiring on Sunset Avenue, which would use some of these funds earmarked for this purpose. Following more discussion, the motion and second were withdrawn. Councilman Haines moved, seconded by Councilman Nelson that the City accept Bill Kasperts withdrawal of his protest from the undergrounding LID on 9th N., although it was executed after 'the 30 day period. A roll call vote showed • Councilmen Haines and Nelson voting in favor; all remaining councilmen against, and the motion failed to carry. DISCUSSION OF COMPULSORY GARBAGE COLLECTION It was moved by Councilman Nelson, seconded by Councilman Haines to table the discussion on compulsory. -garbage collection. The motion carried with Council- man Slye abstaining. PROPOSED ORDINANCE CORRECTING CLERICAL ERROR IN ORDINANCE #1532 A motion was made by Councilman Nordquist, seconded by Councilman Slye that proposed Ordinance #1549 be.passed, correcting a clerical error in Ordinance 1532. Motion carried. ORDINANCE ESTABLISHING PROCEDURE FOR DETERMINING A SPECIFIC AMORTIZATION PERIOD FOR NON -CONFORMING BUSINESS . A motion was made byCouncilman Slye, seconde&:iby Councilman Tuson that pro- posed Ordinance #1550 be passed, establishing a procedure for determining a specific amortization period for non -conforming business, commercial or'in- dustrial uses in residential zones pursuant to Planning Commission Resolution 352, with a change from $300.00 to $500.00 in the last paragraph. Motion carried. REQUEST FOR PLANNED RESIDENTIAL DEVELOPMENT REFUND BY BJORN THUESEN A letter was read from Bjorn Thuesen requesting a refund of his fee for taking • his case for a Planned Residential Development to the Planning Commission. Chairman Dickson of the Planning Commission was present and clarified the circumstances of this case, adding that Mr. Thuesen had been given a regular and fair hearing before the Commission and had been denied for valid reasons. He therefore disagreed with the request for a refund. Following discussion, it was moved by Councilman Sanborn, seconded by Councilman Nordquist to reject the request for the PRD refund from Bjorn Thuesen. Motion carried. AUDITING OF BILLS It was moved by Councilman Haines, seconded by Councilman Tuson that vouchers 12573 through 12756 in the total'amount of $141,772.26 be approved and the ti City Clerk be authorized to issue warrants in payment of these regular monthly bills. Motion carried. Councilman Haines then requested that voucher and warrant #12607 be placed one' the council work meeting ,agenda for discussion. A motion was made by Councilman Haines, seconded by Councilman Nelson that the following LID bills be approved for payment: LID #164 - $38.00 to Lewis Harrison for reimbursement for restoration work.and $29.73 to Reid, Middleton & Associates, Inc. for survey; LID #177 - $52.60 to Edmonds Tribune Review for legal publication; LID #179 - $900.00 to U.S. Post Office for pestage and envelopes; LID #183 - $49.60 to Edmonds TribuneFiReview for legal publications, and the City Clerk be authorized to issue an interest bearing warrant to Edmonds City Treasurer in the same amount to cover this bill; LID #184 - $53.80 to Edmonds TribuneReview for legal publications, and the • City Clerk be authorized to issue an interest bearing warrant to Edmonds City 164 • Treasurer in the same amount to cover this bill; LID #185 - $28.00 to Edmonds Tribune Review for legal publications, and the City Clerk be authorized to issue an interest bearing warrant to Edmonds City Treasurer in this same amount; Motion carried. It was moved by; -Councilman Haines, seconded by;Councilman Slye that the follow- ing bills be approved for payment from the 1970 Water -Sewer Revenue Bond Issue: . #9 - $76.25 to Daily Journal of Commerce for legal publications: #10 - $17.00 to Edmonds Tribune Review for legal publications; and #11 - $11.90 to Wash- ington State Treasurer, Dept. of Highways for billing No. 2 on State Project 8785. Motion carried. City Engineer Larson then recommended that the Urban Arterial project for Walnut Street, 7th to 9th beyaccepted as.complete and for payment=purposes. He stated that the contractor, Universal Utility Contractors, Inc., has satis factorily completed all the work in accordance with plans and specifications, but there are one or two items outside the contract scope still to be com- pleted, but not by the contractor. It was moved by Councilman Haines, seconded by Councilman Tuson that the City accept the recommendation of the City Engineer on this project proposal and accept the improvement. Motion carried. COUNCIL PARTICIPATION Councilman Nordquist brought to council attention the situation on the multiple zoned property behind the Doces Furniture building. The residents of the area • are upset over the unsightly condition of the premises. Mayor Harrison stated that appropriate action would be taken and a report would be forthcoming from the investigation. Councilman Nordquist asked that a discussion be held at the council work meeting on the proposal to raise the wages for councilmen next year. He felt it would help to encourage participation in local government. Councilman Tuson again asked that the Safety Committee take a look at the intersection at Fifth and Dayton. Councilman Nelson, in connection with Councilman Tuson's request, noted that the TOPICS program would take care of this area, and this will be discussed at a council work session. Councilman Haines asked for a progress report on Unit 7. Engineer Larson re- plied that a check with HUD indicated the use of a point evaluation system for determining priorities, and Edmonds did not qualify in some particular areas. He added that he planned to submit a written report on this matter to the council. Councilman Haines suggested that (1) the Mayor send telegrams to the legisla- tors in Washington asking them to look into the City of Edmonds' application to see where we can qualify and (2) Councilman Haines made a motion, seconded by Councilman Sanborn that the City Engineer make an area assessment for the Unit 7 sewers, without the zone front footage method. Motion carried. CAO REPORT • CAO Lawson reported that the City Engineer requested council to set a date for opening of bids on UAB 9th Avenue from Casper to Edmonds Way, and suggested May 13. It was therefore moved by Councilman Tuson, seconded by Councilman Haines that authorization be given to open bids May 13 on.the 9th Avenue project from Casper to Edmonds Way. Motion carried with Councilman Sanborn voting against. The CAO recommended that the Mayor be given authorization to sign the Public Works Union contract, and it was moved by Councilman Sanborn, seconded by - Councilman Slye that the Mayor be authorized to sign the Public Works Union contract, and the motion carried. A meeting was set for Monday, April 28 at 7:30 P.M. with the Utilities Com- mittee, City Engineer, CAO, and Director of Maintenance and Operations to discuss establishment of policy on repair and maintenance of side sewers. CLAIMS FOR DAMAGES A claim for damages was received from Richard and Shirley Whitten. This was referred to the City Clerk for processing. PETITION FOR UNDERGROUND WIRING FROM RESIDENTS OF SUNSET AVENUE A petition for underground wiring on Sunset Avenue from Casper to Edmonds Streets, signed-lby the majority of property owners involved, was presented to council. It was moved by Councilman Sanborn, seconded by Councilman Siye to direct the City Engineer to gather cost figures.and engineering data for this project for the next council meeting on May 4. Motion carried with Councilman Tuson abstaining, since he is a property owner in the area involved. 0 n U L F•.y 6 e� Councilman Sanborn then moved, seconded bye:Councilman Slye that the City follow the established policy of 1/3 City participation, 1/3 Utility Companies, and 1/3 property owners on the undergrounding. Motion carried with Councilman Tuson abstaining. Councilman Nelson stated that the costs should be pursued for the removal of the Burlington Northern wires. Mayor Harrison answered that once the PUD and Telephone Company wires are gone from the Avenue, ecology groups might bring pressure against the Burlington Northern to remove their wires along the shoreline. PROPOSED ORDINANCE DEFINING HIGHWAY OR STREET AND OPERATION OF MOTOR VEHICLE WHILE LICENSE SUSPENDED A motion was made by -Councilman Nordquist, seconded by Councilman Slye that proposed Ordinance #1551 be passed, amending Section 8.04.015, defining high- way, road or street, and creating a new section to the Traffic Code to prohibit the operation of a motor vehicle when license is suspend, revoked, or denied. Motion carried. RESOLUTION OF COMMENDATION TO STEVENS MEMORIAL HOSPITAL AUXILIARY FOR PRODUCTION OF "MUSIC MAN" A motion was made by Councilman Nordquist, seconded by Councilman Slye that proposed Resolution #240 be passed, commending the Stevens Memorial Hospital Auxiliary for its cultural contribution to the performing arts by,.1ts per- formance of the "Music Man". Motion carried. SET HEARING DATE FOR PLANNING COMMISSION RESOLUTION 356 Planning Commission Resolution 356 was presented to council, recommending approval of an amendment to the official zoning ordinance to change the appeal period for Board of Adjustment decisions from 30 days to 10 days. It was moved by:°Councilman Nordquist, seconded by,Councilman Sanborn to set the date for hearing on Planning Commission Resolution 356 for May 4, and the motion carried. PREPAYMENT ORDINANCE FOR LID #177 A motion was made by;;Councilman Slye, seconded by;Councilman Tuson that pro- posed Ordinance #1552 be passed, prepayment expiration date on LID #177. Motion carried. There was no further business, and the meeting adjourned at 10:40 P.M. d ��1 Irene Varney Mora City Clerk H. Harrison, Mayor May 4, 1971 ROLL CALL • Regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present except Kincaid, who is on vacation. APPROVAL OF MINUTES Minutes of the meeting of Apri1.20 had been posted and mailed, and with no omissions nor corrections, they were approved as written. SWIMMING POOL REPORT Chet Bennett presented to council and a large audience -the report from the Swimming Pool Committee which had been created by the Mayor to study the feasibility of having a municipal swimming pool in Edmonds. Members of this committee, in addition to Chet Bennett and Mayor Harrison, were the City of Edmonds Park & Recreation Director, Rod Garretson; Bill Phillips, Tony Koenig, Councilman Gordon Sanborn, John Kochrian, Jim Rothnie, Paul Roy, and Chet Johnson. Chet Bennett outlined the proposed program recommended by the Committee, which included use of a pool for recreation purposes, instruction, and competition, in that order. Other recommendations made by the Committee were (1) that a city the size of Edmonds should have a pool and the population can support it; and (2) based on a financial survey, the City could finance a $250,000.00 councilmanic bond issue without a vote of the people, with the approximate $22,000 per year debt service requirement taken out of the yearly operating budget of the city. The Committee had suggested that a cover be designed for the proposed pool, and let this added expense item go before the voters in November, since the entire complex would not be ready in any case until the summer of 1972. The Committee, having studied several possible locations for this pool, deciddd it should be on land already owned by the 0 city, and concluded that the Yost Park site would be the best place for this. • Mr. Bennett then showed several slides of the Yost park area, and the sugges- ted location would eliminate the need for cutting of trees. He then showed slides of several pools, either now under construction or presently in use. These included the McCollum Park pool in Snohomish County, the Mountlake Terrace pool, and those in Renton, Bainbridge Island, and a particularly well - planned pool in Maryland. Chet Bennett then presented the Mayor and council with approximately 500 separate letters from people in the community, as well as a petition signed by many Edmonds citizens and another petition representing some 70 businesses in Edmonds, all in favor of having a pool. Councilman Sanborn also presented a petition in favor with 80 signatures from the Edmonds Junior. High School. Mr. Bennett then pointed out to -council several prominent people in the audience who had taken the time to come to the council meeting in order to show their support for a municipal swimming pool in Edmonds. Capt. Shields inquired how many taxpayers in the audience wished to increase their taxes for this pool. It was pointed out that the only increase in taxes would be if a ".vote of the people in November was favorable to installing a cover for this proposed pool. Superior Court Judge Alfred 0. Holte stated that he was engaged in the ad- ministration of justice, and the juvenile crime rate was increasing at a much more rapid rate than any other age group. He felt that when young people are given healthy outlets for their energies, they tend to stay out of trouble, and he said he was present tonight because he had a strong feeling that a swimming pool would contribute to keeping the youthful energies directed toward healthy competition; adding that it was much cheaper to pay for a pool than for the cost of keeping young people in detention homes. Barbara Scott, representing the League of Women Voters, read a statement from the League urging the council to act favorably in regard to a pool. Jim Mueller, in the audience, asked in Supt. Silvernail would speak on the educational value of having a pool. Supt. Silvernail cited the school swim program and the need for facilities here in Edmonds. Viola Martin, speaking as a citizen who regularly uses the pool in Mountlake Terrace, stated that she was certainly in favor of having a pool in Edmonds. Rod Garretson, Director of Parks and Recreation, distributed to councilmen cost figures on a pool and then answered questions on structures, operational costs, etc. CAO Lawson told council that the city could handle the $250,000 councilmanic bonds and absorb the bond service on the debt without depreciating present city services. He felt that this could be done if the economy does not take a drastic slump, but that it might mean having to put off some extra services such as hiring of additional police or firemen. Mr. Dan Nelson from Foster & Marshall, bonding house and financial consultant to the City of Edmonds, stated that aside from the open pool, which would not raise taxes, if a covered structure were voted upon favorably by the citizens of Edmonds, it would mean an increase in taxes of approximately $2.00 per year on a $20,000 home. Several people in the audience spoke in favor of the pool, and Chet Bennett then concluded the presentation with a request that having heard the Committee report and the wishes of a great many citizens by their presence and signa- tures on petitions and/or letters in favor, Council should now make a decision on what steps to take, and he urged a vote in favor of proceeding without delay toward this pool facility for the City of Edmonds. A motion was made by Councilman Tuson, seconded by Councilman!Nordquist that the City Attorney be instructed to prepare an ordinance authorizing council to issue $250,000 in coucilmanic bonds for a municipal swimming pool. Motion carried unanimously. Councilman Sanborn then moved, seconded by Councilman Nelson_ that the Swim- ming Pool Committee remain in effect and that they secure a firm figure for cost of a covered pool. Motion carried. HEARING AND REPORT ON COST FIGURES FOR UNDERGROUND WIRING ON SUNSET AVENUE City Engineer Leif Larson reported that in regard to the underground wiring for Sunset Avenue from Edmonds to Casper Streets, there were 23 properties involved. He said the PUD had revised costs and the estimate was now $21,225.74 for the PUD, $3,618.00 for the Telephone Company, leaving $15',327.74 to be reimbursed to the Utility companies for the project. The LID cost per lot would be $376.69. Hearing was then opened. 1 1 • J • n 1 Mrs. Marion Pierce asked about the cost of running the line from the street n U • to her house under a concrete driveway. Bill Shaw from the PUD suggested that a figure of from $250.00 to $300.00 would be an average lot cost for this. Mrs. Pierce also inquired where.the light standards would be placed. The City Engineer stated that he would.have a drawing of the project in his office for the convenience of anyone who wished to look at it. A few people felt they had not realized that there would be an extra cost, and also the cost per lot had been quoted lower when they signed the petition. Following discussion, it was moved be Councilman Nelson, seconded by;Council- man Haines that this hearing be continued to May 18 and a detailed breakdown on the total project costs be available at that time. Motion carried with Councilman Tuson abstaining,.since he owns property on Sunset. HEARING: ON PLANNING COMMISSION RESOLUTION 351 Hearing was held on Planning Commission Resolution 351, proposing alternate standards for residential access streets. City Planner Merlin Logan stated the recommendations of the Planning Commis- sion and read the Commission's findings in adopting the alternate standards; that many citizens had expressed the desire for narrower residential access street standards and the Commission was of the opinion that the proposed standards would provide adequate safety and mobility for the motorist and promote the quality of residential neighborhoods. Hearing was then opened. Fire Chief Cooper, when asked by council for his opinion, stated that he was not in favor of cul-de-sacs that make maneuvering of,the large snorkel trunk • difficult. Mr. Frank Johnson stated he was in favor of the alternate stand- ards as it would give future choices to the council and give some flexibility for certain areas. Another man in the audience said the beauty of the areas when the residential streets are narrower would far outweigh any inconvenience. Mr. Ted Chittenden was also in favor of the proposal for the alternate stan- dards. Capt. Shields asked if"a comparison had been made on the number of accidents on narrower, as opposed to wider streets. Jim Mueller complimented City Planner Logan on this alternate idea, feeling that it would lend more character to the city to have preservation of nice residential sections in- stead of straight arterial type streets everywhere. No one else wished to comment, and the hearing was closed. A motion was made by Councilman Sanborn to approve proposed,Ordinance #1553, incorporating both Plans A and B as proposed by the Planning Commision. The motion died for lack of a second. Discussion followed, and it was then moved by Councilman Slye, seconded by Councilman Sanborn that designs "A"cand !;B" be adopted with the exception, as recommended by the City Engineer, that both designs have a 28' width between curbs and the paragraph under Design "A" on "Planning Features" be deleted. Motion carried. HEARING: ON PLANNING COMMISSION RESOLUTION 355 Hearing was held on Planning Commission Resolution 355, recommending approval of an amendment to the zoning ordinance, changing the regulation of duplex structures in apartment and business zones. City Planner Logan explained the recommendation to council, stating that the Commission felt the amendment is • needed to coordinate the residential development regulations, particularly for small properties, since present regulations now allow a triplex or four- plex to be constructed on a small piece of apartment or business -zoned property, but atiduplex cannot be built on the same parcel. Hearing was opened, but with no one in the audience wishing to comment, the hearing was closed. It was moved by Councilman Haines, seconded by Councilman Nordquist that proposed Ordinance #1553 be passed, changing the regulation of duplex structures in apartment and business zones pursuant to Planning Commission Resolution 355. Motion carried. HEARING: ON PLANNING COMMISSION RESOLUTION 356 Hearing was held on Planning Commission Resolution 356, recommending approval of an amendment to the zoning ordinance to change the appeal period for the Board of Adjustment decisions from 30 days to 10 days. It was noted that this was merely a housekeeping item necessary to conform to the optional municipal code. The hearing was opened, and with no one wishing to comment, the hearing was closed. A motion was made by Councilman Nordquist, seconded by Councilman Nelson'.that proposed Ordinance #1554 be passed, and the motion carried. PLANNING COMMISSION RESOLUTION 354 Planning Commission Resolution 354 was presented, recommending denial of an 0 • amendment to the zoning ordinance to allow reconstruction of destroyed non- conforming apartment buildings. It was moved by Councilman Sanborn, seconded by Councilman Nordquist to accept the recommendation of the Planning Commission in their resolution 354 and deny the amendment to the zoning ordinance to allow reconstruction of destroyed non -conforming apartment buildings. Motion carried. PROPOSED PLAT OF LEA 0. LUSCHEN The proposed plat of Lea 0. Luschen was presented to council. City Planner Logan explained that this was a large plat of 33 lots with 7111 acres, on the south side of Elm between 7th and 8th, and he posted a drawing of the plat for council inspection. The City Engineer commented that he would like to request-R/W for 7th and development of the streets on Elm, 7th, and 8th with curbs and sidewalks on one side and 28 feet of paving to eliminate possibility of ending up with another half street of paving in the city. Fire Chief Cooper also commented on the narrow dead end street in Tract A. Following discussion, it was moved by Councilman Slye, seconded by Councilman Nelson that the preliminary plat of Lea 0. Luschen be approved, subject to a no parking covenant placed on Tract A, and also subject to the engineering and Planning recommendations on approval of streets and utilities. A roll call vote showed all councilmen in favor except Nordquist and Tuson, and the motion carried. PROPOSED ORDINANCE TO REPEAL LID #174 A proposed ordinance was presented by the City Attorney to repeal LID #174, paving of Casper, 3rd to 9th; 9thN. from Casper to Puget Drive; and Puget Drive from 9th to 12th Place. A motion was made by Councilman Nelson, seconded by Councilman Sanborn that proposed Ordinance #1555 be passed, and the motion carried. PROPOSED ORDINANCE TO REPEAL LID #183 A proposed ordinance to repeal LID #183 was also presented, this being the underground wiring on 9th N. It was moved by Councilman Tuson, seconded by Councilman Nordquist that pro- posed Ordinance #1556 be passed, and the motion carried with Councilmen Nelson and Haines abstaining. PROPOSED RESOLUTION IN CONNECTION WITH HOUSING AUTHORITY A proposed resolution in connection with a housing authority in Edmonds was presented for council approval, and after discussion, wherein it was noted that there might be a possibility that the council would not have complete control over this matter, a motion was made by Councilman Sanborn, seconded by Councilman Tuson that this item be referred to the next work meeting for study of the proposed resolution. Motion carried. CORRESPONDENCE A petition was presented for a local improvement distict for paving, side- walks, curbs and storm sewers on Alder Street between 7th and 9th, and 8th to Maple. This was referred to a council work session and to the City Clerk for verification and sufficiency of signatures. AUDIENCE PARTICIPATION Richard Myhre stated that he had reason to believe that there was still some support for underground wiring from the alley north of Daley to the vicinity of Carol Way on 9th Avenue, and he",,felt the PUD would be willing to consider installation in a stretch that size. He asked if the property owners could be contacted for this section. The City Engineer stated that bids have been set for a May 13 opening for the 9th paving, but if the council wished to in- clude this undergrounding, some scheduling can be done with no great diffi- culty. Discussion followed, and a motion was then made by Councilman Haines, secon- ded by Councilman Sanborn that council approve this undergrounding if a sufficient petition from Mr. Myhre is submitted to the City Engineer in time for inclusion. Motion carried. STATE HIGHWAY PROPOSAL REGARDING S.R.104 FERRY LANDING TO DAYTON STREET A letter had been received from W. C. Bogart, District Engineer for the State Highway Commission, answering the city's concern with the plan for landscaping, the ferry holding area and proposing recommendations to be made to the Director of Highway Commission if the city would agree to the provisions. Copies of the letter with this proposal had been distributed and studied by the council, and following some discussion, it was moved by 1 1 • 1 • 1 0 Councilman Sanborn, seconded by Councilman Slye that the Mayor be authorized to concur with the proposal so that an agreement can be prepared by the High- way Dept. for execution. Motion carried. COUNCIL PARTICIPATION Councilman Haines brought up the question of a policy for a person withdrawing his name from a petition, but;.this procedure is covered in the optional municipal code. Councilman Sanborn suggested that the change of pay scale for the Police Department should be acted upon. Councilman Nelson added that the pay scale for the Fire Department should also be discussed, and both these items will be on the council work agenda. Councilman Nordquist mentioned the landlocked condition of the Gulf Station at 76th and 205th with the concrete curb, and the City Engineer answered that he planned to work with the state on this. Councilman Sanborn asked if the crosswalks could be straightened out at the intersection of 9th and Edmonds Way, since a pedestrian cannot see the "walk", "no walk" signs from the crosswalks as they are now located.. CAO REPORT BID OPENING DATE - UAB 76th PHASE III • CAO Lawson presented to council the City Engineer's recommendation for a bid opening date of May 27 for the Phase III section of 76th UAB, 196th to Perrin- ville. It was moved by Councilman Nelson, seconded by Councilman Sanborn that the bid date on the 76th UAB project, Phase III, be set for May 27, and the motion carried. • 1 SET DATE FOR FINAL HEARING LID #181 CAO Lawson then gave the Engineer's recommendation for the final assessment roll hearing on LID #181, UAB paving of Walnut between 7th and 9th, with a suggested date of June 15. It was moved by Councilman Tuson, seconded by Councilman Nelson that the date for final assessment roll hearing on LID #181 be set for June 15, and the motion carried. CLAIMS FOR DAMAGES A claim for damages was acknowledged from Keith and Arlene Reminton, and this was referred to the City Clerk for processing. AUTHORITY TO PURCHASE RAILROAD PROPERTY AT SUNSET BEACH A motion was made by Councilman Tuson, seconded by Councilman Nelson to authorize purchase of the railroad property at Sunset Beach for $5,000.00. Motion carried. There was no further business, and the meeting adjourned at 11:30 P.M. Z/ Irene Varney Moran, Aity Clerk May 18, 1971 ROLL CALL I H. Harrison, Mayor Regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present except Kincaid, who is on vacation. APPROVAL OF MINUTES Minutes of the meeting of May 4 had been posted and mailed, and with no-omis- missions nor correptions, they were approved as written. INTRODUCTION OF SNOHOMISH COUNTY HEALTH DISTRICT DIRECTOR Mayor Harrison introduced Dave Stockton, Executive Assistant of the Snohomish County Health District, who in, turn introduced Dr. Claris Hyatt, Director of the Health District. Dr. Hyatt gave a brief talk on the available services, and distributed a brochure with the description of these services to council members. PROPOSED ORDINANCE AUTHORIZING ISSUANCE OF $250,000 BONDS FOR SWIMMING POOL At the meeting of May 4th, Council had instructed the City Attorney to prepare. an ordinance authorizing the issuance of $250,000 G.O. councilmanic bonds for construction of a swimming pool for the City of Edmonds. • Mayor Harrison asked Chet Bennett, Chairman of the Swimming Pool Committee, if he would like to add anything to his presentation given at the last city 170 • council meeting. Mr. Bennett asked Rod Garretson, Edmonds Director of Parks and Recreation, to give an explanation of costs, etc., after Mr. Steve Handran asked for additional information on this subject. Mr. Handran also stated that he did not feel bonds should be issued for a pool until the people voted for it. CAO D. C. Lawson reported that Foster & Marshall, Inc. had offered to prepare a prospectus for the sum of $500.00, and since no lower figure could be secured elsewhere, he recommended that they be allowed to proceed. A woman in the audience asked if consideration had been given to building the pool on the waterfront, using salt water. This had been considered by the Committee during the study. Following discussion, a motion was made by Councilman Tuson, seconded by Councilman Sanborn that proposed Ordinance #1557 be passed, to provide for the construction, installation and equipping of an uncovered swimming pool and providing for the issuance and sale of $250,000 par value of G. 0. Bonds, 1971, with opening of bids on the bonds set for 7:00 P.M. July 6, 1971. Before vote on the motion, Councilman Slye stated that he was definitely in favor of the pool, but that he preferred to see the entire pool .with cover placed on the ballot in November. The motion was then voted upon to pass the proposed ordinance, and it carried with Councilman,— Slye voting against because of the reason stated above. Councilman Nelson moved to instruct the City Clerk to prepare a ballot for the November election for a General Obligation Bond issue of $150,000 for covering the pool, but after discussion on estimated costs, and learning of scheduled meetings with the architects this coming week, the motion was withdrawn. • Councilman Sanborn then moved, seconded by Councilman Haines to direct the Edmonds Finance Director to call on Foster & Marshall to prepare a financial report on the covering of the pool and give a report to council no later than the July 20 meeting. Motion carried. CONTINUED HEARING: UNDERGROUND WIRING FOR SUNSET AVENUE It was reported that the new figures for undergrounding on Sunset Avenue from Casper to Edmonds Streets had not as yet been received from the PUD, and it was therefore moved by Councilman Sanborn, seconded by Councilman Nelson that this hearing be again continued to the next council meeting on June 1. Motion carried. PROPOSED ORDINANCE: ALTERNATE STANDARDS FOR RESIDENTIAL ACCESS STREETS The proposed ordinance, as amended at the last council meeting, in connection with Planning Commission Resolution 351, alternate standards for residential access streets, was presented to council. Discussion followed, with a motion then being made by Councilman Sanborn, seconded by Councilman Slye that on Planning Commission Revision.dated 5-14-71, Design "A" under the first section titled "Function", this be amended to read "to provide access to residential property zoned RS-6, RS-8, RS-12 & RS-20." Motion carried. It was then moved by Councilman Sanborn, seconded by Councilman Nelson that proposed Ordinance #1558, as amended, be passed, and this motion also carried. PROPOSED ORDINANCE FOR CHARGES ON FIRE SUP.PRESSI0N-SYSTEMS • First reading was held on a proposed ordinance for charges on fire suppression systems. Ron Whaley, Director or Maintenance & Operation, explained to council.reasons for the request for charges, and also proposed an amendment, which the City Attorney stated would become a separate ordinance applicable to the general water rates. It was moved by Councilman Sanborn, seconded by Councilman Tuson that the City Attorney be directed to prepare an ordinance for this proposed amendment to take care of the rates. Motion carried. REPORT ON BIDS - UAB PAVING OF 9th FROM CASPER TO EDMONDS WAY Bids had been opened on May 13 at 2:00 P.M. in the council chambers for the UAB project on 9th Avenue from Casper to Edmonds Way. Present at bid opening were City Engineer Leif Larson, City Clerk Irene Varney Moran, Assistant City .Engineer Richard Allen,,Engineer Forrest Roff from Reid, Middleton & Associ- ates, Inc., City Councilman Don Tuson, and several representatives from bidding companies. The bids were: TOTAL PHASE I -A TOTAL PHASE I-B Universal Utility Contractors $339,210.00 $419,312.50 Bay Construction, Inc. 358,472.75 410,583.50 Tri-State Construction, Inc. 364,875.00 426,064.00 Knowles Construction Co. 374,293.75 422,392.50 West Coast Construction 383,472.50 429,757.00 J. E. Work, Inc. 386,487.50 434,322.75 Pacific Paving Co. 389,171.50 4477926.50 0 �7t • City Engineer Larson reported that the project was bid in two'sections, with the low bidder in each indicating that the same company will be sub -contracting the paving. He recommended award to the two lowest bidders subject to the approval of the Urban Arterial Board on the amended estimate and subject to the approval of the increased cost, because of the real estate involved, by the county commissioners, Olympic View Water District, and the Edmonds City Council. After some discussion, a motion was made by Councilman Nelson, seconded by Councilman Haines that Phase I -A of the UAB project on 9th be awarded to Universal Utility Contractors in the amount of $339,210.00 and Phase I-B awarded to Bay Construction, Inc. in the amount of $410,583.50; both in- cluding the contingencies for awarding of the bids as outlined by the City Engineer; and the Mayor be authorized to enter into contract with both these companies for this project. Motion carried. A motion was made by Councilman Nelson, seconded by Councilman Tuson that opening of bids on the warrants and bonds for this 9th UAB project be set for 7:30 P.M. on July 6, 1971. Motion carried. UNDERGROUND WIRING PETITION FOR 9th N. A petition had been received for underground wiring on 9th N. from the alley north of Daley to Carol Way. The peitition included valid signatures of property owners representing about 90% of the involved area. • It was moved by Councilman Nordquist, seconded by Councilman Haines to in- struct the City Engineer to obtain cost estimates, prepare the assessment roll, and have an ordinance prepared for the council meeting of June 1 for the underground wiring of 9th N. from Carol Way to 1100 north of Daley Streer. Motion carried. CORRESPONDENCE Mayor Harrison read a letter received from the Olympic View Water District requesting an extension of sewage service for an area in the Alderwood Water District, bounded on the south by 220th, on the east by 76th W., on the west by 92nd Ave. W., and on the north by the Edmonds city limits. This is outside city limits of Edmonds and also outside the boundaries of the Olympic View Water District. The letter mentioned that the subject area was included in the Edmonds sewer service area in the Reid, Middleton report on the comprehensive sewerage plan dated June 1965, and added that the Olympic View Water District Commissioners have no objections to serving the area and wish the approval of the Edmonds City Council before proceeding with any negotiations or discussions to terms. Discussion followed, and a motion was made by Councilman Slye, seconded by Councilman Tuson to authorize the Mayor to reply to the Olympic View Water District quoting the standing policy of the City of Edmonds as the guidelines set by the City Council with the advice of the city staff. Motion carried. TEMPORARY CONCESSION FOR RAINBOW GIRLS FOR 4th OF JULY • An application for a temporary concession over the 4th of July holiday was received- from the Edmonds Rainbow Assembly #38, properly_' executed and with approval of both the Police and Fire Chiefs. A motion was made by Councilman Slye, seconded by Councilman Tuson that council approve the temporary con- cession for the Edmonds Rainbow, Assembly 438 as presented. Motion ,carried. AUDITING OF BILLS A motion was made by Councilman Haines, seconded by Councilman Tuson that the 1970 Water -Sewer Revenue bond bills be approved for payment as follows: #12 in the amount of $18,293.19 to Reid, Middleton & Associates, Inc. for' engineering services on Phase II of the treatment plant expansion, and #13 for $691.94 to Trico Construction, Inc. for contractor's estimate #1 for UAB 84th W., not chargeable to the UAB project. Motion carried: A motion was made by Councilman Haines, seconded by Council Nordquist that the following LID bills be approved for payment: man LID #164 - $306.64 to LID #164 for final assessment #151, adjustment due to a condition placed on the easement by the owner and agreed to by the consulting engineer; LID #179 - $8.80 to Edmonds Tribune Review for legal publications; $132.51 to Norm's Print Shop for printing bonds; and $582.54 to Edmonds City Treasurer for the UAB fund on Edmonds 10% participation; LID #181 - $1,041.00 to Reid, Middleton & Associates, Inc. for engineering services, and the City Clerk be authorized to issue an interest bearing warrant to Edmonds City Treasurer in the same amount to cover this bill; LID #186 - $17.04 to Systems Services Department for computer services for • furnishingownerships, and the City Clerk be authorized to issue an interest 172 • bearing warrant to Edmonds City Treasurer in the same amount to cover this bill. Motion carried. It was moved by Councilman Haines, seconded by Councilman Slye that vouchers #12757 through 412941 in the total amount of $159,751.13 be approved for pay- ment, and warrants be drawn in payment of these regular monthly bills. Motion carried. COUNCIL PARTICIPATION Councilman Nordquist stated that in regard to the intersection at 5th and Dayton, which had been brought to council attention by Councilman Tuson, the Safety Committee had referred this item to the TOPICS study for answer. City Engineer Larson said that he would take a look at the intersection again and report at the next council work meeting. Councilman Nordquist reported that the Doces property in back of the furniture store had not improved one bit and the garbage situation was even worse, and it was decided that proper action by the City will take place to eliminate this problem. Councilman Nordquist made a request that Chief Administrative Officer Lawson develop a reporting sheet to record pending actions for referral and a follow- up system so that action can be taken on all items brought before council. Councilman Haines commented on the situation at the Doces property, feeling that the City has proper ordinances to take care of this problem. Harry • Whitcutt, Building Official, stated that the building permit for the enlarge- ment of the storage warehouse is being held up pending the cleanup of this back property. Fire Chief Cooper stated that he would be happy to write a letter to Doces regarding the time limit for action on their part before the City takes action to clean this area and bill Doces for the services. Councilman Haines commented on the code of ethic for city officials, noting that the guidelines had been prepared and submitted by the City Attorney to the Attorney General's office via Senator Jack Metcalf. Councilman Nelson brought to council attention the recent notice that Metro- politan Transportation Company will cancel its service to Mountlake Terrace and curtail its service to Edmonds in the near future. It was moved by Councilman Nelson, seconded by Councilman Haines that the Mayor be asked to write the Washington State Utilities and Transportation Commission to go on record as opposing the change within the period less than the statutory notice time of no less than 20 days. Motion carried. CAO REPORT D. C. Lawson reported that the income of the City, even with the economy re- sulting in slower payment of taxes to the county, was within 2/10's of 1% for the first quarter. CAO Lawson also stated that the City Engineer had reported a 5.7% protest received on Phase III of LID #185. CLAIMS FOR DAMAGES Claims for damages were acknowledged from Jody Lynn Johnson by her father, • George Johnson, and from Leslie L. Bob Swanson & Joyce A. Swanson. These were referred to the City Clerk for processing. PETITION FOR PAVING ALDER. 7th TO 9th AND 8th TO MAPLE A petition signed by property owners which number aggregates a majority of the lineal frontage upon the proposed improvement had been received, for paving of Alder Street from 7th to 9th and 8th to Maple. A gentleman in the audience mentioned the drainage problem in the area, and both Paul Roy and C. A. McConnachie spoke in favor of proceeding with this project. Engineer Larson suggested that more refined costs be obtained, and asked council to consider further engineering analysis because of the indica- tion of city participation. Following discussion, it was moved by Councilman Slye, seconded by Councilman Nelson to instruct the City Engineer to prepare a more detailed cost estimate and design with concrete curbs for this proposed project, to be presented at the next council meeting on June 1. Motion carried. PLAT OF CHERRY HILL MANOR City Planner Merlin Logan presented the preliminary plat of Cherry Hill Manor, a parcel of 8 lots on the south side of 176th SW near 69th Pl. W., and posted a map of the area and the property for council inspection. The City Planner recommended a 28' street be allowed as adopted by the alternate standards passed tonight, and also stated that no objections had been received from the surrounding properties. 0 • _Y3 It was moved by Councilman Haines, seconded by Councilman Nelson that the prelimi%nary plat of Cherry Hill Manor be approved, with the recommendation of the City Planner and subject to engineering requirements. Motion carried. ASSISTANT POLICE CHIEF, ASSISTANT FIRE CHIEF, AND CAPTAIN'S SALARIES In regard to a proposed amendment to the salary ordinance to adjust the salaries of the present Assistant Police Chief, Assistant Fire Chief, and Cap- tain, Chief Marlo Foster briefly commented on the Police Department reorgani- zation and salary situation. Following questions and some discussion, it was moved by Councilman Sanborn that section one of the salary ordinance be amended to delete the position of Assistant Chief from the Police Dept. and allow'the present Assistant Chief to assume the title of Police Captain and insert a grandfather clause to enable him to receive a salary of $1036.00. Motion died for lack of a second. A motion was then made by Councilman_ Slye, seconded by Councilman Nelson that proposed Ordinance 41559 be passed, It was then moved by Councilman Nelson,. seconded by Councilman Sanborn to amend section 6 of the proposed ordinance to delete the position of Detective as well as that of Police Lieutenant from the 1971 pay grade classifications. The motion on the amendment carried, and a vote on the motion to pass Ordinance #1559, as amended, also carried. EDMONDS HOUSING AUTHORITY Mayor Harrison reported on the possibility of contracting with Snohomish • County for the housing authority, and it was moved by Councilman Slye, seconded by Councilman Tuson that the City of Edmonds consider contracting with the Snohomish County Housing Authority under Section 23, Leased Housing. Motion carried. SNOHOMISH COUNTY TRANSPORTATION STUDY 1 E City Engineer Leif Larson reported to council on the study and preliminary recommendations from the Snohomish County Transportation Study. A map out-, lining the highway plans and forecasts to 1990, based on traffic counts, was posted for council review. There was no further business to come before council, and the meeting adjourned at 11:05 P.M � U Irene Varney Mora City Clerk June 1, 1971 ROLL CALL H. Harrison, Mayor The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present. APPROVAL OF MINUTES Minutes of the meeting of May 18 had been posted and mailed,and with no omissions nor corrections, they were approved as written. HEARING: UNDERGROUND WIRING, SUNSET FROM CASPER TO EDMONDS Hearing on underground wiring for Sunset from Casper to Edmonds Streets had been continued from the meeting of May 18. A meeting with the property owners had been held this evening at 7:00 o'clock, and it was reported that out of 23 properties there were presently only 3 protests. City Engineer Leif Larson reported to council on the new PUD estimates, pre- sented as a firm figure, making the cost within the LID assessment to be $7,800.45, or $339.15 per lot, with owners providing direct burial cost of service lines on their individual properties. A cost estimate sheet was dis- tributed to council members, including indirect costs as well as undergrounding of the pump station transformer. The City Engineer recommended $1300. be paid from the Water -Sewer fund to take care of undergrounding the pump station trans- former. Hearing was opened. A few property owners had remained after the 7:00 o'clock meeting, and Mr. Scott stated that he felt everyone involved was now fully aware of all facets and costs of the project. Mr. Kaspers, 9th Avenue N., had a question on the cost per lineal foot of the project. No one else wished to :comment, and the hearing was closed. A motion was made by Councilman Sanborn, seconded by Councilman Nelson that proposed Ordinance #1560 be passed, creating LID #186, with the recommendation of the City Engineer to have the Water -Sewer .fund pay the $1300. for the cost of undergrounding the transformer at the pump station. Motion carried with Councilman Tuson abstaining, since he is a property owner on Sunset. 0 174 HEARING: ON APPEAL OF L. T. HOOD FROM PLANNING COMMISSION DENIAL OF PLAT • Hearing on the appeal of L. T.,Hood from Planning Commission denial of his preliminary plat had been continued from the January 19 council meeting. City Planner Merlin Logan reported that the Planning Commission had revised and adopted a street system for the Shell Valley area, and the resolution with the recommendation on this would come to council after the 30 day appeal period had expired. He therefore suggested that this hearing be postponed in view of these facts. Mr. Hood was agreeable to a postponement, and a motion was made by Councilman Nelson, seconded by Councilman Sanborn that the hearing on the appeal of L. T. Hood be continued to July 20. Motion carried. SECOND READING: PROPOSED ORDINANCE FOR CHARGES ON FIRE SUPPRESSION SYSTEMS Ron Whaley, Director of Maintenance & Operation, explained the proposal for charges on fire suppression systems for council clarification. Councilman Haines questioned the monthly payment for checking of the systems, and a great deal of discussion followed. Councilman Haines made the motion, seconded by Councilman Kincaid that the proposed ordinance as presented be amended to state that any voluntary system not mandatory by city ordinance be exempt from the monthly maintenance charge. This motion failed to carry. After more discussion on the pros and cons of proper checking of these systems, it was moveddby Councilman Sanborn, seconded by Councilman Nordquist that pro'= posed Ordinance 41561 be passed, creating a new chapter in the Edmonds City Code for fire protection service water, providing for applications therefor, ownership and costs, metering, service charges and providing penalties. Motion carried. PROPOSED AMENDMENT TO ORDINANCE ON WATER RATES Ron Whaley explained the proposed issuance of a permit by the Water Dept., and terms, conditions, and charges to be established for the taking of water from an unmetered facility (water stand pipe or hydrant) and the penalty for un- authorized use. This subject was discussed, and a motion was made by Council- man Sanborn, seconded by Councilman Kincaid that proposed Ordinance #1562 be passed; establishing a rate of charge for the unauthorized use of water and providing for penalties. Motion carried. FIRST READING: FIRE PROTECTION SYSTEM ORDINANCE City Engineer Larson explained the proposed system regulation. Fire Chief Cooper added that this would cover installation of water mains and hydrants for adequate protection, and formalize same. Councilman Haines stated he would like to refer this item to a work meeting prior to the first regding, and he made this in the form of a motion; seconded by Councilman Sanborn, and the motion carried. Chief Cooper told council that time was of the essence in this matter, so a motion was made by Councilman Sanborn, seconded by Council- man Slye to establish this as the first reading of the proposed ordinance and place it on the agenda for.the June 15 council meeting. This motion carried. PROPOSED ORDINANCE FOR UNDERGROUND WIRING ON 9th N., CAROL WAY TO NORTH OF DALEY A petition had been received, validated and found to be sufficient for under- ground wiring on 9th Avenue N. from Carol Way to north of Daley Street. The City Engineer gave the costs of the LID, PUD, and City participation, with $6,099.00 as the total LID cost with a figure of $3.80 a lineal foot. Engineer Larson recommended looking into an alternate way of serving two lots not abut- ting 9th. Mr. Richard Myhre stated that some property owners north of Carol Way had been contacted and now would like to be included. He asked the possi- bility of this in regard to the time factor. Engineer Larson answered that with the inclusion, the cost might go a little higher. It was suggested that instead of re -petitioning with extended boundaries, it would be better to pro- ceed with this proposed LID and form a second one if another petition is pre- sented. Mr. William Kasper asked if the Methodist Church property could be not counted either for or against any,petitioning. Following discussion, a motion was made by Councilman Slye, seconded by Councilman Nordquist that proposed Ordinance #1563 be passed, creating LID #187, underground wiring on 9th N. from Carol Way to north of Daley Street. Motion carried. CORRESPONDENCE The City Clerk reported on an agreement for temporary concession application submitted by the Mid -City American League for a concession stand at the 6th and Pine playfield. The application had been approved by the Police Chief, but disapproved by the Fire Chief, and an accompanying letter from Chief Cooper was read, wherein he:_�:stated that an inspection of the premises showed that they did not meet the specifications of either the Uniform Building Code or the Fire C6de of the City of Edmonds. He recommended a portable concession stand which would not be attached to the bleachers. Rod Garretson, Edmonds Park & Recrea- tion Director, stated that he was also recommending temporary bleachers, since 1 1 • F] u 0 regular use of the playfield is for such a short period during the year, and yet the neighboring property owners have to look at them all year. Much dis- cussion took place on this,concession application, and it was then moved by Councilman Kincaid, seconded by Councilman Tuson to postpone action on this application until the council meeting of July 6, 1971. Motion carried. AUDIENCE PARTICIPATION Jim Krider, president of the Edmonds Jaycees, stated that the Jaycees would be updating their 1966 community survey and asked council comment on what to in- clude. Councilman Nordquist suggested a council representative to work with the Jaycees on this, and he was appointed by Mayor Harrison. Lois Anderson, Councilwoman from Mountlake Terrace, extended an invitation to the council and residents of Edmonds to participate in the first annual cele- bration of the Alpine Days Festival in Mountlake Terrace on June 11,12, and 13. COUNCIL PARTICIPATION Councilman Nordquist extended a welcome to Mountlake Terrace Councilwoman Lois Anderson, in behalf of the Mayor and council. Councilman Nordquist reported that there had been no change in the volume of litter on the Doces property mentioned at the last council meeting, and added that a letter had been written by City Planner Merlin Logan dated May 28, giving Doces a 10 day period in which to have the trash removed from the . premises. Councilman Sanborn questioned the City Engineer on portions of the 76th project. Councilman Nelson announced a meeting of the Capital Improvements committee for 7:30 P.M. on July 19 in order to go over the program for changes. Councilman Nelson expressed concern about citizen's not knowing which city records are open for public inspection, and suggested a work session during which time the CAO could explain the different natures of records and perhaps list those open for inspection by the public. This was referred to a council work session. SWIMMING POOL Councilman Tuson reported that the Swimming Pool Committee.had met with architects, and that they were recommending Seifert, Forbes & Berry, a Tacoma firm, for the job. Rod Garretson assured council that he had checked into other pools designed by this firm and he also recommended,that they be hired. a motion was made by Councilman Tuson, seconded by Councilman Sanborn that the City of Edmonds hire the firm of Seifert, Forbes & Berry as architects for the municipal swimming pool. Motion carried unanimously. It was suggested by Councilman Tuson that Reid, Middleton & Associates, Inc,. do the topographic survey and report on the location upon which the pool will be built in the Yost Park area. Discussion followed, with a motion being made by Councilman Sanborn, seconded by Councilman Haines that the City Engineer be instructed to contact engineering firms in order to get the most reasonable • price for a topographic survey and report. Motion carried. It was then moved by Councilman Tuson, seconded by Councilman Sanborn that the city waive the building permit fee, with a token charge of $1.00 in the speci- fications, and the structural engineering and plan check fees be charged to the Swimming Pool bond fund. Motion carried. A motion was made by Councilman Haines, seconded by Councilman Tuson that the Mayor make application to the proper agencies for matching funds, if available, for the swimming pool.' Motion carried. Rod Garretson noted that at the present time, federal funds are not available for buildings. CAO REPORT CAO Lawson reported that referrals, as requested, are being processed by the City Clerk. The CAO also stated that in regard,to segments of property on Sunset near the ferry dock, the city had contacted the State Highway Department. and the City is to proceed to obtain these properties. He reported that a portion owned by Sparkman & McLean had been purchased at a figure of $18,360.00 by the City, to be reimbursed by the state, and $35.00 paid to'Roy Stringer for agent fees. It was moved by Councilman Tuson, seconded by Councilman Slye to acknowledge and approve this action. Motion carried. City Engineer Leif Larson reported on the application made through, the Dept. of Ecology for the 10 " sewer main and generators on sewer Units 5 & 6, and that the city can expect the full amount of $60,100. 0 176 • SET HEARING DATES ON PLANNING COMMISSION RESOLUTIONS AND PLAT City Planner Merlin Logan had presented two resolutions and a plat from the Planning Commission to be set for hearings before council. A motion was made by Councilman Kincaid, seconded by Councilman Slye that July 6 be set as the date for hearing on Planning Commission Resolution 357, File CP-1-71. Motion carried. A motion was made by Councilman Sanborn, seconded by Councilman Kincaid that June 15 be set as the date for hearing on Planning Commission Resolution ' 358, File R-2-71, and the appeal from John Doces; and also for hearing on the pre- liminary plat of Belt Addition No..9, File P-5-71. Motion carried. REPORT ON BIDS FOR PHASE III - 76th UAB City Engineer Larson reported on the bids for Phase III on the 76th UAB, 196th to Perrinville, Bids were opened at 2:00 P.M. on May 27 in the City Council Chambers. Present were the City Engineer, City Clerk, and Forrest Roff from Reid, Middleton & Associates, Inc., as well as several representatives from bidding companies. The bids were: Coulee Construction Co., Inc. $352,928.66 T & E Construction, Inc. 355,051.50 Knowles Construction Co. 364,360.00 Tri-State Construction, Inc. 403,065.50 Austin Construction Co. 410,253.75 Engineer Larson recommended awarding the contract to the low bidder subject to • approval of the City of Lynnwood on Schedule III, and subject to clearance from the UAB on Schedule I. It was moved by Councilman Slye, seconded by Councilman Kincaid that the bid on Phase III of the 76th UAB project be awarded to Coulee Construction Co., Inc. in the amount of $352,928.66 subject to the Engineer's requirements and recommendation, and the Mayor be authorized to.enter into contract for the project. Motion carried. REPORT FROM ENGINEER ON COST ESTIMATE AND DESIGN FOR PAVING ALDER. 7th TO 9th AND 8th TO MAPLE Engineer Larson distributed to council a summary of preliminary estimates for the proposed street LID for Alder from 7th to 9th and 8th to Maple. There was a great deal of discussion on drainage problems in the area and the suggested city participation, and it was determined that bond money could legally be used for this expense. Following this, it was moved by Councilman Slye, seconded by Councilman Nordquist to instruct the City Attorney to prepare an. ordinance creating this LID based on the'Engineer's suggestion for alternate bids on sidewalks and the city participation be held to $20,600. This motion was withdrawn, since it was found to be out of order and not in accordance with the petition submitted. It was then moved by Councilman Sanborn, seconded by Councilman Nelson to instruct the City Attorney'to prepare an ordinance to create the LID with 28' standard street, curbs, gutters, and sidewalks with the maximum cost to the property owner to be $20,00 per zone front foot. Councilman Kincaid suggested that the city provide storm and subsurface drainage as required, and it was movedc'by Councilman Haines, seconded by Councilman Kincaid to • amend the motion to add that city participation be limited to the cost of storm and subsurface drainage. A roll call vote on the amendment showed Councilmen Tuson, Slye, Kincaid and Haines in favor; Sanborn, Nelson and Nordquist against, and the amendment carried. The original motion, as amended, then carried. A motion was made by Councilman Haines, seconded by Councilman Sanborn that the City Engineer call for bids with item breakdown and alternates in order to have a basis on which to make a decision on the project. Motion carried. SNOHOMISH COUNTY TRANSPORTATION STUDY In regard to the Snohomish County Transportation Study, Engineer Larson stated that he felt the design standards should be no higher than, or similar to, the standards adopted by the City of Edmonds. Discussion followed, and it was moved by Councilman Haines, seconded by Councilman Nelson to authorize the Mayor to write a letter to the Snohomish County Transportation Study Officials incorporating the suggestions of the City Engineer. Motion carried. Councilman Nelson asked that it become a matter of record that he would be out of town and absent from the council meeting on June 15. There was no further business, and the meeting adjourned at 11:20 P.M. s2L, eZ �_ -0 - . Z-A -,/ Irene Varney Moran City Clerk H. Harrison, Mayor 0 • 7i June 15, 1971 1 R O T.T. C A T.T. Regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present except Nelson, who had given notice at the last meeting that he -would be out of town. APPROVAL OF MINUTES Minutes of the meeting of June 1 had been posted and mailed, and with no omissions nor corrections, they were approved as written. HEARING.: FINAL ASSESSMENT ROLL - LID #181 Hearing was held on the final `assessment roll for LID 7#181, UAB paving of Walnut Street from -71� to 9k. City Engineer Leif Larson gave a summary of the project and costs., and the hearing was then opened. A letter had been received from Justine S. and Eleanor J. Bonanno, 820 Walnut, objecting to the condition in which the water drainage was handled, and also about the loose stones creating a hazard to pedestrians. Mr. Bonanno was in the audience and also voiced his verbal objections to council. Mr. Karl Niggol, 809 Walnut, stated that the stone wall in front of his house still remained unfinished and he had a complaint on the grade to his driveway. No one else in the audience wished to comment, and the hearing was closed. A motion was made by Councilman Haines, seconded by Councilman Nordquist that proposed Ordinance #1564 be passed, approving and confirming the final assessment roll for LID #181. • Councilman Sanborn moved to amend the motion and,::call..for holding of the final payment to the contractor until these items were taken care of. However, the motion to amend was withdrawn, since the final payment hasbeen made and the project is now under the bond. Motion to pass the ordinance then carried. HEARING: PLANNING COMMISSION RESOLUTION 358 AND APPEAL FROM G. JOHN DOCES Hearing was held on Planning Commission Resolution 3589 recommending approval of a rezone from RMH to RS-8 a portion of Tracts 3 and 4, Lake McAleer Five Acre Tracts. This recom- mendation was also appealed by G. John Doces. City Planner Merlin Logan reported on the hearing held before the Planning Commission and read their findings in approving the change. Hearing was then opened. Mrs. Higgins, 24017 - 79%2 P1. W., read an excerpt from the Edmonds City Calendar quoting comments by Mayor Harrison on undesirable growth in Edmonds, and citing this Planning Commission recommendation as being a step in the right direction toward this end. Bob Boye, 24325 - 76th Ave. W:, btought to council attention the petition with 135 signatures in favor of the recommendation which had been submitted to the Planning Commission. Bill Ferraro, 24021 - 79k P1. W., stated his approval of the proposed rezone down to RS-8, and Lauren Ely, 24015 - 7991 P1. W., also felt the property in question should be zoned single family. Dona Ely, 24015 - 79k P1. W., felt that if the area remained RMH and apartment buildings went in, it would encourage transient occupants who would not necessarily care about the area since they would not be property owners. Darrell Meyers, 24023 - 7914 P1. W., commented on the long history of the property owners having to fight the commercial development as opposed to single dwellings in this particular area. Attorney Wes Hodge, representing G. John Doces, stated that he felt this action by the Planning Commission was -in effect reverse spot zoning,.and that this would not be the • highest and best use of the property. He said it would seem preferable to have a garden type apartment complex on this property rather than small single homes on small lots. He added that if the rezone went through, it would be taking away the zoning contract which the City had with Mr. Doces. A man in the audience inquired if the contract was in effect and approved at this time. City Attorney James A. Murphy answered that the contract was in effect as long as the Doces property was zoned RMH. Elizabeth Mathay, 8006 - 240'h S.W., said that his is a natural drainage area from the west, and it had been worse since the building of the Doces furniture store; also that the traffic pattern would be a problem with more cars resulting from the RMH zone than from single dwellings, and the signatures on the petition were people living in the area affected by this probable increase in traffic. Vivian Johnson, 11403.- 239,!4 P1. S.:W., told council that the Doces store is not only beautiful and an asset to the community, but that any group who asks permission is allowed to use this beautiful auditorium without charge, and she felt that Doces could certainly be trusted to build excellent apartments that -would be an asset to the area. Councilman Sanborn at this point asked if a separate legal entity didn't own the CG and another the RMH zoned areas, and he stated that everyone concerned would certainly -agree that the' Doces store is a beautiful one, but that the question here tonight did not involve the store; that the hearing was on the proposed rezone from RMH to RS-8 on this separate piece of property. Bob Boye said the neighborhood group was opposed to the recent warehouse enlargement, and he felt they, were anxious to change the RMH to single residential to prevent creeping commercial zoning. He added that the frequent applications for rezones in this area called the people's attention to this possibility. Frank Mikulosik, 8025 - 2401' S.W., stated his feelings in favor of the rezone, and said that he had carried the petition in the neighborhood. No one else wished to comment, and the hearing was declared closed. Following some discussion, it was moved by Councilman Tuson, seconded by Councilman Nordquist that the recommendation in Planning Commission Resolution 358 be upheld and the City Aitgrney be instructed to to • prepare an ordinance rezone the property in question from RMH to R -. 1_78 A roll call vote carried the motion unanimously. Councilman Haines asked if a comprehensive study of the multiple zoning in the entire area had been started. The City Planner answered that there had been no study of the entire area made recently, and Attorney Murphy commented that council could direct a study to be made. It was then moved by Councilman Sanborn, seconded by Councilman Tuson that the Planning Department be directed to continue a review of the apartment zoning in the City of Edmonds and report on any other properties that should be revised. Motion carried. Richard Dickson, Chairman of the Planning Commission, stated that there was a. hearing date set for property north of tonight's area on Highway 99• HEARING: PRELIMINARY PLAT - BELT ADDITION No. Hearing was held on the preliminary plat of Belt Addition No. 9. City Planner Logan posted a map of the proposed plat and gave an explanation of the design. Mr. Belt, when asked about 28' streets as opposed to the wider streets as stated on his plat design, commented that he would be willing to abide by the decision of the City in regard to this requirement. It was then moved by Councilman Haines, seconded by Councilman Nordquist to -approve the preliminary plat of Belt Addition No. 9, subject to the Planner's and Engineer's require- ments. Motion carried. FIREWORKS STAND PERMITS The -City Clerk read a letter from Fire Chief Jack Cooper, recommending approval of the following applications for fireworks stands: Edmonds Boys Club, Stand 1 94 Avenue and Edmonds Way Edmonds Boys Club, Stand 2 51' and Howell Way Edmonds Boys Club, Stand 3 Main Street and Bowdoih Way • Holy Rosary Parish o Sunset and Dayton Independent Helpers 22165 - 76tt Avenue W. Jobs Daughters Bethel #50 Parents Club 1677 Main Street LDS Elders Quorum 10117 Edmonds Way A motion was made by Councilman Tuson, seconded by Councilman Slye that the above locations for fireworks stands, as recommended by the Fire Chief, be approved. Motion carried. SET DATE FOR OPENING BIDS ON FUEL OIL REQUIREMENTS FOR 1971-72 A motion was made by Councilman Slye, seconded by Councilman Tuson that July 2 be set as the date for opening of bids on fuel oil requirements for the City of Edmonds for 1971-72. Motion carried. SECOND READING: FIRE PROTECTION SYSTEM ORDINANCE Second reading was held on the proposed fire protection system ordinance. Discussion followed, and it was moved by Councilman Haines that the proposed ordinance be tabled, . pending further council study. Attorney Murphy proceeded to explain new sections for council clarification, but Councilman Haines stated that he was nct satisfied with certain sections. Councilman Sanborn said that although he was a member of.the.committee that had worked on this ordinance, he nevertheless would second Councilman Haines' motion to table the proposed ordinance for further study, but he also moved to an the motion to place the proposed ordinance on the work meeting agenda and then bring to council at the July 6 meeting. Councilman Slye seconded this motion to amend. Vote on the amendment carried, and the original motion, as amended, also carried. Fire Chief Cooper stated that he hoped council would keep in mind his recommendation on proper size for water pipes, since he was going on vacation and would not be present to - stress -the fact that 4 inch pipe is great for drinking, but not for firefighting. CORRESPONDENCE A letter was read from Mrs. Kathleen M. Williams, 18319 Olympic View Drive, regarding ecology and bringing to council attention several areas whihh she felt needed attention. Since the areas mentioned were outside city limits of Edmonds, her letter was referred to the Snohomish,County Planning Commission. PETITION FOR UNDERGROUND WIRING ON 9k N. FROM 120' NORTH OF CAROL WAY TO CASPER STREET A petition was received signed by several property owners in favor of underground wiring on 9k Avenue from 120' north of Carol Way to Casper Street. The Methodist Church was not on the petition, but Mr. Knight stated that the church would be able to let the city know its stand on this proposed undergrounding as soon as their meeting is held within a few days. The City Engineer stated that this would be permissible if the people at that end of the project realized that this was the reason for any delay. It was moved by Council- man Sanborn, seconded by Councilman Slye that the Attorney prepare the necessary ordinance for the July 6 council meeting to create an underground wiring LID for this area, in order to expedite the project, if the necessary petition is received from the Methodist Church. Motion carried. PROTEST PETITION FROM SUNSET AVENUE PROPERTY OWNERS A petition was received signed by about a dozen property owners on Sunset Avenue objecting to the LID for underground wiring becuase they were not aware of all. the facts prior to passage of the ordinance, and asking council to set aside the ordinance and void the LID. Is • 7 9` They also petitioned for council to set a date for a public hearing so that all the facts can be presented for their consideration at that time. Following discussion, council felt it would be best to continue with the present engineering, rather than stop and have to begin anew, which would run up the expenses. They also decided to set a time for an informal hearing with the property owners in order to present and dis- ,cuss the facts pertaining to the LID. It was therefore decided to continue with the project in this manner. AUDIENCE PARTICIPATION Roland Roy, 21615 - 791� W., stated that he lived in a culdesac and that the people in the end house have a rock and roll band with amplified equipment playing in their remodeled carport many hours a day and on into the night. He requested updating of an ordinance regarding noise as a nuisance. A petition protesting against the noise had been circulated in the neighborhood, and the people in the area were asking the City for some relief. There was a great deal of discussion, and the City Attorney advised Mr. Roy that a civil suit would probably be`the best method to deal with their situation: ' COUNCIL PARTICIPATION Councilman Haines mentioned that the Code of Ethics for city officials had been through the Attorney General's office and would soon be ready to be put into effect. AMERICAN LEGION JULY 4 PARADE PERMIT With concurrence of council, Mayor Harrison gave permission to the American Legion for the annual 4+1 of July parade in Edmonds. • OAPPOI NTMENT TO AUDITING COMMITTEE With the resignation of Councilman Haines from the Auditing Committee, Mayor Harrison made the appointment of Councilman Gordon Sanborn to this committee, with Councilman Kincaid to serve as Chairman. SPEED LIMIT AND PARKING ON 2051' ` City Engineer Leif Larson reported that the State Highway Dept. had requested the estab- lishment of a 40 mile per hour speed limit and no parking on 2051�9 and a motion was made by Councilman Slye, seconded by Councilman Haines that proposed Ordinance #1565 be passed, providing a maximum speed limit of 40 miles per•hour and prohibiting parking on portions of State Highway Route No. 104, a/k/a 24414 Street S.W. Motion carried. CONTRACT FOR CONSTRUCTION OF WATER LINES Engineer. Larson reported on the 94 Avenue project, wherein Edmonds would be installing water mains at the same time as the street construction is being accomplished, and the City would serve as construction agent for the Olympic View Water District, in whose area some of the work will be done. It was therefore moved by Councilman Haines, seconded by Councilman Slye that council authorize the Mayor to execute the agreement with Olympic View Water District, and the motion carried. ORDINANCE CREATING LID 172 As directed at the last council meeting, the Attorney presented a proposed ordinance for creating LID #172, paving of Alder from 7k to 9M and 81' from Alder to Maple. A motion was made by Councilman Slye, seconded by Councilman Tuson that proposed Ordinance #1566 be • passed, creating LID ##172. Motion carried. SET HEARING DATE FOR PLANNING COMMISSION RESOLUTION As requested by the City Planner, a motion was made by Councilman Slye, seconded by Councilman Sanborn to set July 6 as the date for hearing on Planning Commission Resolution 359, the street system portion of Shell Valley. Motion carried. AUDITING OF BILLS A motion was made by Councilman Tuson, seconded by Councilman Slye that vouchers ##12942 through #13122 in the total amount of $226,944.32 be approved for payment of the regular monthly bills. Motion carried. It was moved by Councilman Tuson, seconded by Councilman Slye that the following LID bills be approved for payment: LID ##177 - $9.40 to Edmonds Tribune Review for legal publications and $131.36 to Norm's Print Shop for printing bonds; LID ##181 - $300.00 to James A. Murphy for legal services and $15.75 to Edmonds Tribune Review for legal publications, and the City Clerk be authorized to issue an interest bearing warrant to Edmonds City Treasurer in the amount of $315.75 to cover these bills. Motion carried. Councilman Tuson then moved, seconded by Councilman Slye that the following bills be approved for payment from the 1970 Water -Sewer Revenue bond issue: • #14 in the amount of $19376.90 to Reid, Middleton & Associates, Inc.; #15 to Trico Construction, Inc. in the amount of $119022.73; and #16 in the amount of $379373.00 to Will Construction Co., Inc. Motion carried. RESIGNATION OF D. C. LAWSON A letter of resignation, to be effective January 39 1972, was submitted to the Mayor and Council by Chief Administrative Officer D. C. Lawson. It was moved by Councilman Slye, seconded by Councilman Tuson to acknowledge.receipt of, and accept the letter of resignation. Motion carried. TRANSFER OF FUNDS FOR POLICE SERVICES STUDY A motion was made by Councilman Slye, seconded by Councilman Haines to authorize transfer of $955.00 from unanticipated sales tax revenue to the Police Services Study. Motion carried. APPROVAL OF APPLICATIONS FOR TEMPORARY CONCESSIONS - 44 OF JULY The City Clerk reported that properly executed agreements for temporary concessions had been submitted by Boy Scout Troop 301 for the annual 4+ of July chicken barbecue at the City Park, and by the American Legion Auxiliary for sale of cotton candy, popcorn, coffee, etc. in several locations on the holiday. A motion was made by Councilman Slye, seconded by Councilman Sanborn that the Boy Scout Troop 301 annual chicken barbecue be approved, and the motion carried. It was then moved by Councilman Slye, seconded by Councilman Sanborn that the concession • of the American Legion Auxiliary on the 41� of July also be approved. Motion carried. REPLACEMENT OF CAO A motion was made by Councilman Haines, seconded by Councilman Tuson that the machinery be set up immediately for replacement of CAO D. C. Lawson. Motion carried. There was no further business, and the meeting adjourned at 11:30 P.M. Irene Varney Morard City Clerk H.'•H. Harrison, Mayor July 6, 1971 ROLL CALL _ The regular meeting of the Edmonds City Council was ,called to order by Mayor Harve Harrison with all councilmen present except Sanborn, who arrived at 8:30. APPROVAL OF MINUTES Minutes of the meeting of June 15 had been posted and mailed, and with no omissions nor corrections, they were approved as written. REPORT ON SWIMMING POOL BOND BIDS • Bids had been opened this evening at 7:00 P.M. in the Council Chambers for sale of $250,000 G. 0. Bonds for the municipal swimming pool. Present at bid opening were the Mayor, City Clerk, CAO, City Attorney, Councilmen Slye and Kincaid, and representatives from the National Bank of Commerce, Seattle First National Bank, and Foster & Marshall. There were three bids: Seattle First National Bank r 6.8352°/ Foster & Marshall 7.0730% National Bank of Commerce 6.2807% Mr. Dan Nelson from Foster & Marshall, City of Edmonds' financial advisors, had checked the low bid for accuracy, and a motion was made by Councilman Kincaid, seconded by Councilman Tuson that the bid of the National Bank of Commerce be accepted, for a rate of 6.2801,%for the $250,000 G. 0. Bonds, 1971. Motion carried. REPORT ON BIDS FOR WARRANTS AND BONDS - LID #184 Bids had been opened this evening at 7:30 P.M. in the Council Chambers for sale of the warrants and bonds for LID #184. The same people were present as for the bid opening on the swimming pool bonds, with the addition of Councilman Tuson, the City Engineer, and Mr. Robert Bleck from Grande & Co., Inc. The bids were: Southwick, Campbell, Waterman Co. 7.45% Grande & Co., Inc. 7.40% - net effective rate 7.399% It was moved by Councilman Slye, seconded by Councilman Kincaid that the low bid of Grande & Co., Inc. be accepted for the warrants and bonds on LID #184, at the rate of 7.400%. Motion carried. ASSIGN COUNCIL POSITION NUMBERS FOR ELECTION PURPOSES • The City Clerk had the four councilmen whose terms are expiring in 1971 draw numbers for assignment for election purposes. The council positions will be as follows: Position No. 1 Allen Kincaid Position No. 2 Richard Slye Position No. 3 John Nordquist Position No. 4 Gary Nelson HEARING: ON PLANNING COMMISSION RESOLUTION'357 This was the evening set for hearing on Planning Commission Resolution 357, recommending an amendment to the thoroughfare plan to establish a recreation street system, as described in File CP-1-71. City Planner Merlin Logan suggested a postponement of this hearing until comments are received from the Park Board and from the Town of Woodway.* It was therefore moved by Councilman Nelson, seconded by Councilman Nordquist that this hearing be postponed to August 17. Motion carried. HEARING: ON PLANNING,COMMISSION RESOLUTION 359 Hearing was held on Planning Commission Resolution 359, street system for Shell Valley. City Planner Logan posted several drawings on the bulletin board showing different street plan systems, and explained that numerous requests by property owners along the valley to subdivide prompted plans for a street system in • order to provide an orderly street system development with proper access for the neighborhood, since the city cannot develop the area for park purposes. There were several alternative systems, and Mr. Logan pointed out those ap- proved by the Planning Commission up to this point. He mentioned having re- ceived three.letters:-from p.copertyl?owners'in the area. Dr. and Mrs. Suchert were opposed to any streets of any kind crossing their property, and several names were on a letter objecting to the widening of the N % of Summit Lane to 30ft. City Planner Logan stated his recommendations to council, feeling that the Planning Commission did not go far enough and recommending that the council go beyond this in adopting a street system. There was a great deal of dis- cussion, and it was then moved by Councilman Kincaid, seconded by Counci;man Nordquist to continue this public hearing to July 20, with a council work session to be held jointly with the Planning Commission on July 13 in order to study this system further. Motion carried. MID -CITY AMERICAN LEAGUE CONCESSION AT'PINE STREET PLAYFIELD Action had been continued from June 1 on the application for temporary con- cession at the Pine Street Playfield from the Mid -City American League. Rod Garretson, Edmonds Park and Recreation Director, reported to council that he was working with the Little League for a;building that would pass both Fire and Building inspections and be acceptable for next season. The Little League season is over for this year, and therefore no action was taken on this matter. PROPOSED ORDINANCE TO REZONE FROM RMH TO RS-8 PORTION OF TRACTS 3 AND 4, LAKE McALEER FIVE ACRE TRACTS • In accordance with Planning Commission Resolution 358 and action taken at the June 15 council meeting, the Attorney presented the proposed ordinance for re- zoning a portion of Tracts 3 and 4, Lake McAleer Five'Acre Tracts from RMH to RS-8. It was moved by Councilman Nordquist, seconded by Councilman Kincaid that proposed Ordinance #1567 be passed, and the motion carried. REPORT ON BIDS FOR FUEL OIL REQUIREMENTS FOR 1971-72 Bids had been opened in the Mayor's office on Friday, July 2 at 2:00 P.M. for supplying the fuel oil requirements of the City of Edmonds for 1971-72. Present at bid opening were. the City Clerk, CAO, City Engineer, and represen- tatives from the bidding companies. There were two bids: Chris L. Peters, Evergreen Distributors .1298 Sound Oil Co. .133 Councilman Kincaid -left the council and sat in the audience so as not to participate in either the discussion or voting on this matter. CAO D.C. Lawson reported that he had requested a financial statement from the representative of Evergreen Distrubutors because of the nature of their pro- posed oil supply, and due to these circumstances, he felt council should re- view the statement. 'He therefore suggested they refrain from awarding the bid tonight. He added that Sound Oil Co., who were presently supplying the city by contract, be asked if they would continue through the month of July at the same 1970=71 quoted price. Councilman Sanborn felt it would not be fair to ask the favor of the low 1970-71 price of Sound Oil for the month of July, but that the city could ask them to supply the oil at the present going price. Councilman Kincaid stated from the audience that he could not speak for Sound Oil Co., but that he felt the bookkeeping would be simpler to keep the price constant if supply continued through the month. Feeling that the financial • statement of Evergreen Distributors should not be made public, but that this 182 L.] matter should be discussed by council, a motion was made by Councilman Nelson, seconded by Councilman Sanborn to hold the award on bids for the fuel oil until the meeting of July 20. Motion carried. CORRESPONDENCE A letter was read from the Regional Manager of Real Estate for the Burlington Northern concerning a proposed easement on the outer 15' of the Railroad R/W lying adjacent to Sunset Beach and north of Main Streetlin the City. The letter stated that the $5000. offer by the City was considered fair and a final answer would be forthcoming shortly. AUDIENCE PARTICIPATION Bill McNeese, a young skindiver interested in the Edmonds Underwater Park, suggested to council that the city construct an artificial underwater reef that would attract and bring back underwater sea life to the area. He felt old car frames and/or old car tires could be dumped into the water at this site and would do the job adequately. Council was in favor of this development and it was moved by Councilman Sanborn, seconded by Councilman Kincaid to refer the matter to the Park Board for action and to work with the CAO in order to gather materials for the feef. Motion carried. COUNCIL PARTICIPATION Councilman Nordquist had a question on the Council Safety Committee and the Employee Safety Committee. It was noted that each performs a different type of service. Councilman Nelson requested that it be noted in the minutes that he would be absent from the work meetings and council meeting for the remainder of this month as he will be out of town. Councilman Tuson brought up the question of council salary, and suggested that councilmen elected in the fall be paid the same $20.00 per meeting rate, to include the work meetings, but not to exceed 4 meetings per month. Councilman Kincaid said that he felt being a councilman was a civic responsibility and the remuneration would not make a material difference, but he added that special meetings, especially when out of town and necessitating out of pocket expense, should be turned in and reimbursement requested. Councilman Haines thought that work meetings were at least, if not more, important than the regular council meetings, and the same amount should be paid for work meetings; or even the two paid meetings per month be the work meetings instead of the regular ones. He added that expense and mileage is usually not turned in nor even kept track of by the council members. Councilman Slye was against any increase in council salary, stating it was not a money making position and would only be more expense to the city. Councilman Sanborn stated that he felt the work meetings were important, but the city could not afford to pay for the time spent by a councilman on city business. He was not in favor of any raise that might make someone perhaps run for council for the salary. He added that he was in favor of $10.00 per meeting, taking into account both work and regular meetings, that would keep the salary pretty muco the same as at present. Councilman Nelson said that there was lack of adequate time to take care of the work load, and there would be more demands in the future, and he felt there should be a maximum of 4 paid meetings per month. The Mayor commented that Edmonds was on the low scale for council salary. Councilman Sanborn answered that the work load would not become that different; that council should spend time, on policy and not waste time on administrative problems that can be handled by the Staff. Councilman Nordquist was against being paid for the work meetings,,and felt there was no attendance problem that would warrant this. Following this`discussion, a motion was made by Councilman Sanborn, seconded by Councilman Kincaid that the salary ordinance be amended to state $10.00 per meeting, not to exceed 5 paid meetings per month, with both work and regular meetings included. A roll call vote showed Councilmen Sanborn, Slye and Kincaid in favor; Nelson, Tuson, Nordquist and Haines against, and the motion failed to carry. It was then moved by Council- man Slye, seconded by Councilman Sanborn that it was the intent of the present council not to amend the council salary ordinance for the newly elected council taking office in January 1972. A roll call vote on this motion showed Councilmen Slye, Sanborn and Kincaid in favor; Nelson, Tuson, Nordquist and Haines against, and this motion also failed to carry. Councilman Tuson then made a motion, seconded by Councilman Nelson that the incoming council be paid at the rate of $20.00 per meeting, not to exceed 4 meetings per month. A roll call vote showed Councilmen Tuson, Nelson, Nordquist and Haines in favor; Sanborn, Slye and Kincaid against, and this motion carried. In regard to the Mayor's salary, and following some discussion on this, a motion was made by Councilman Nelson, seconded by Councilman Nordquist that the Attorney be instructed to prepare an ordinance to increase the Mayor's salary to $500.00 per month, effective January 10, 1972. Councilman Sanborn stated that he did not see that the time factor for the Mayor was that much greater than the Council, and the CAO should be delegated to do most of the Mayor's work or else go to a full time Mayor. Councilman Kincaid was in agreement with Sanborn's view. A roll call vote on the motion showed all 7 • 1 1 I. E councilmen in favor except Sanborn and Kincaid, and the motion carried. 1 • 1 • 1 CAO REPORT CAO Lawson reported that the Police Dept. had apprehended the juveniles who had vandalized the cherry trees on Main Street. He also read a letter from Lyle Walsh, 739 Sprague Street, who is working toward becoming an Eagle Scout, asking permission for Boy Scout Troop 312 to patrol and clean the city beaches and place the trash collected into containers that the city provides. Both CAO Lawson and Mayor Harrison had sent letters to Lyle commending him for his civic responsibility. In regard to the retirement of CAO Lawson, Nordquist, seconded by Councilman Slye that a new CAO. Motion carried. CLAIMS FOR DAMAGES a motion was made by Councilman the city advertise immediately for Claims for damages were acknowledged from Mrs. George V. Durst, John McAdam, and Audree and Jim Anderson. These were referred to the City Clerk for processing. BUSINESS LICENSES It was moved by Councilman Slye, seconded by Councilman Nelson that the item on Business Lic@uses be referred to the August 3 council meeting. Motion carried. PROPOSED ORDINANCE CREATING UNDERGROUND WIRING LID FOR 9th N., CAROL WAY TO CASPER STREET City Engineer Leif Larson reported that the estimates had been called to him by the PUD, and this north end would be $6.30 per lineal foot as compared to $3.80 on the stretch from north of Daley to Carol Way. He also reported that the Methodist Church had .agreed to sign the petition and go along with the majority of the property owners. Mr. Knight, who carried the original petition, stated that he was not sure whether or not the property owners would be willing to go along with the undergrounding at this higher cost. In order to give Mr. Knight opportunity to contact the property owners, and have the City Engineer verify the figures with the PUD, it was moved by Councilman Slye, seconded by Councilman Tuson that this meeting be recessed to Wednesday evening, July 7 at 8:30 P.M. Motion carried. SECOND READING: PROPOSED FIRE PROTECTION SYSTEM ORDINANCE Second reading was held on the proposed,fire protection system ordinance. It was moved by Councilman Nelson, seconded by Councilman Slye that proposed Ordinance #1568 be passed. Councilman Haines at this point directed several questions to the Attorney in regard to the proposed ordinance, and objected to several sections and the wording used. Much discussion followed, and it was then moved by Councilman Sanborn, seconded'by Councilman Tuson to amend section 10.10.030 of the proposed ordinance to read "provided, this section shall not apply to the reconstruction, repair, rebuilding or remodeling*of a single family dwelling." The amendment carried, and the vote on passage of the proposed ordinance, as amended, also carried, with Councilman Haines voting against. APPOINTMENT TO CIVIL SERVICE COMMISSION Mayor Harrison appointed Chuck Cain to the Civil Service Commission, term to expire June 16, 1976. It was moved by Councilman Kincaid, seconded by Council- man Slye to confirm the Mayor's appointment of Chuck Cain to the Civil Service Commission. Motion carried. APPOINTMENT TO BOARD OF APPEALS The Mayor made the appointment of Larry Trent to the Board of Appeals, and it was moved by Councilman Sanborn, seconded by Councilman Nelson to confirm the Mayor's appointment. Motion carried. ANDOVER R/W VACATION REQUEST City Engineer Leif Larson asked for a review of this request, with a report to council at the next work meeting. It was moved by Councilman Sanborn, seconded by Councilman Nelson that this request be on the agenda for the July 20 council meeting. Motion carried. CONDITIONAL ACCEPTANCE OF 76th W. FROM 218th TO 244th The City Engineer reported that he had a certified check for $5000 from Knowles Construction Co. to guarantee completion of the work. City Attorney Murphy presented a recapitulation to each councilman, showing penalties charged against the contractor for unauthorized delays on the project, amounting to a IS4 �J total of $687.50 to be deducted from the retainage still being held by the city. At this point, Councilman Kincaid remarked that he was most unhappy with this job. Mr. Stearn, attorney representing Knowles Construction Co., stated that they were anxious to receive approval and resolve the matter. He felt finishing of the job would involve less than -the $5000 now deposited with the city, and they would appreciate receiving the balance of their draws on the project. Mr. Stearn stated that Knowles Construction would accept the penalitl,-ycharges of $687.50 as computed, and it was their intention to complete the job, including the one inch lift north of Highway 99. Following discussion, it was moved by Councilman Sanborn, seconded by Councilman Nelson to accept the settlement as outlined by the City Engineer on'the basis of the $5000 certified check being sufficient to complete the job as specified, and con- ditionally accept the project. Councilman Kincaid then moved, seconded by Councilman Tuson that the city accept the project on a conditional basis, but the amount withheld be increased to $7500 instead of the $5000 in the event the job might have to be finished by the ci_tp crews. After further discussion, Councilman Tuson withdrew his second to the motion, and the amendment died for lack of a second. The original motion then carried, with two no votes. AGREEMENT WITH HIGHWAY DEPT. IN REGARD TO FERRY LANDING PLAN A letter had been received from W. C. Bogart, District Engineer for the State Highway Dept., in regard to the plan for the landscaping, etc. at the ferry landing on SR 104. It was reguested by the City Attorney that council consider the advisability of approving the plan with conditions as set forth by the Highway Dept. so that an agreement can be prepared. It was moved by Council- man Slye, seconded by Councilman Nelson to approve the agreement with condi- tions as set forth by the State Highway Dept. Motion carried. At 11:45 P.M. meeting was recessed to Wednesday, July 7 at 8:30 P.M. • RECESSED MEETING - JULY 7, 1971 Recessed meeting was called to order at 8:30 P.M. by Mayor Harrison, with all councilmen present except Kincaid. The question of the proposed underground wiring from Carol Way to Casper Street on 9th was the item on the recessed agenda. City Engineer Larson reported that the PUD'and Telephone Co. had confirmed the higher figures for this proposed LID in writing, and that the property owners on the petition now wished to withdraw, which would leave only the church. Mr. knight complimented the council members for taking time to return again tonight for a special hearing on this undergrounding problem. 1 Since there had been no,petition to certify and no ordinance, no action was necessary to stop the proposed LID. Council felt it would be beneficial to all concerned to have a pamphlet madt- available in the future, explaining the procedure for petitions for LID's etc. Recessed meeting adjourned at 8:50 P.M. Irene Varney Moran,&tity Clerk Harve H. Harrison, Mayor July 20, 1971 R(1T.T. rAT.T. Regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present except Nelson, who had stated at the last meeting that he would be out(.aof town. APPROVAL OF MINUTES The minutes of the meeting of July 6 had been posted and mailed, and with no omissions nor corrections, they were approved.as-.writtem. HEARING: ON PLANNING COMMISSION RESOLUTION 359 Hearing had been continued from the meeting of July 6 on Planning Commission Resolution 359, a street system for Shell Valley. Members of the Planning Commission had met jointly with the Council at the regular council work session on July 13 to further discuss this street system. City Planner Merlin Logan was asked to comment on the recommendations, and he also read a letter from Fire Chief Cooper which recommended that a street system be adopted with some widening and connecting of streets, culdesacs be allowed only where necessary, and adequate water mains and hydrants be in- • 5t. • stalled. The Police Dept. comment was that there was a problem in the valley' in that it was private property,,and development of a street system would most certainly be a great help for police protection in the area. The City Planner commented that it was the long range goal of the comprehensive plan to have public acquisition in this area for public park use, but in the meantime a street plan was necessary to allow for orderly development. Councilman Nordquist inquired if Mr. Hood's problem with his proposed plat would be solved by any of the system recommended by the Planning Commission for adoption. Mr. Logan answered that the Planning Commission resolution would show access to his property. He pointed out the shaded areas on the drawing labeled B-1, E, J, and.H-2 recommended by'�the Commission in their Resolution 359. Hearing was then opened. Mr. Richard Mueller, substituting for Gaylord Riach, attorney representing Dr. & Mrs. Suchert, stated that he was troubled by the work session with the Planning Commission and asked for a report on this as regards the Suchert property. He was answered that the joint meeting was only general conversa- tion, and that neither K-1 nor K-2 on the drawing from the Planning Commission were recommended for approval. Attorney Mueller commented on the impact on property owners with this proposed street system with its possible LID, and that he could see no benefit to Dr. Suchert's property with a street develop- ment asi.it was only taking away}footage from the property and causing diffi- culties. Mayor Harrison at this point commented that this proposed street system was nothing but a guide for future plans and would merely prevent platters from building in proposed street areas; that the City is not taking anything, but only giving future platters a guide for building. Attorney • Mueller said that if there is absolute control of the property owned, there is no problem, but this was not absolute control, and he was concerned, -about this. Maybelle Chapman, 20915 Hillcrest Place, asked if the council was considering the resolution as received from the Planning Commission, and that if so, there was no need for considering- the proposal designated as C-1 at this time. John Pierce, 21100 Hillcrest P1., stated that he was opposed to C-1 as it would cause loss of some of his property. Councilman Kincaid stated that he understood the council would consideraonly those recommendations from the Planning Commission and the Planning Commission would then study the additional areas and come back to council with further recommendations. Councilman Sanborn said he was opposed to that idea; that he thought council could adopt or modify the recommendation from the Commis- sion. Bill Dielke, 21020 Summit Lane, told council that the problem is in the valley, not in the other flatter areas. He added that A-1 was an extremely bad cornersand suggested opening up the valley area and leaving the other parts alone. Jim Paul asked if the council were to pass on the recommended street system tonight, would it be possible that an asphalt road 60' wide could go through there any time. He was assured that this would happen only if the property owners wished to develop and it was explained that instead of numerous easements being obtained, a better overall orderly development plan should be set out. Councilman Sanborn assured Mr. Paul that the.City was not trying to run roads in there, but that the property owners needed police pro- tection and couldn't have., -the police patrol private property, and the owners, • also wanted to develop their property. Mr. Church, 1703 N.W. 64th, Seattle, stated that he had an alternate plan for the H-2 area (Alstead property) and submitted this, which would not cut diagonally across this property now owned by Mr. Church, and he showed the roadway as 50' instead of 60' as on the Planning Commission drawings. Councilman Haines noted that as proposals for development come in to the city from the property owners in this area, the council cannot go into the process of engineering each individual piece of property, and the street system plan will take care of this problem. Councilman Haines stated that he felt council should approve the B-1 plan from the park, exclusive of the culdesac and send the remainder back to the Planning Commission with suggestions from the Safety. Committee for the best possible intersection plan at the Main Street access. Dave Larson asked if there was a possibility that A-1 could be realigned to come down the property line and not isolate anyone's property. City Engineer Leif Larson suggested council adopt the street system subject to engineering plans for final street locations. No one else wished to comment, and the hearing was closed. A motion was made by Councilman Nordquist, seconded by Councilman Sanborn tc instruct the Attorney to prepare an ordinance to adopt that portion of Plan- ning Commission Resolution 359 showing the shaded areas marked J, H-2, and B-1 tol-.the upper portion of the Hood property, with section E omitted, and the main road in the valley reduced from a 70' to 60' R/W, with all access roads leading into this to be 501; motion to include that portion of K extend to the apex of the Wright property line, and the portion of roadway leading to Main Street be sent back to the Planning Commission for study. Motion carried. • 1 � 6 • It was then moved by Councilman Sanborn, seconded by Councilman Nordquist to direct the Planning Commission to consider the access plan realignment of section K-1 from the Belt property" -to Main Street and consider this roadway following the easterly edge of the Wright property so that the Main Street exit is farther uphill for reasons of safety. Councilman Haines then moved, seconded by Councilman Sanborn to amend the motion to state that section K be included in this study'from the area of B-1 to Main Street. Motion to amend carried, and the original motion, as amended, also carried. - HEARING: ON APgEAL OF L. T. HOOD Hearing had been continued from the meeting of June 1 on the appeal of L. T. Hood from the denial of his plat by the Planning Commission. City Planner Merlin Logan posted a drawing of the proposed plat and stated the basic reasons for the Planning Commission recommendation for denial were that the access street was too narrow and too steep a slope, with undesirable access to the lower lots. Hearing was opened, and Mr. Hood agreed that there was conflict between his plat as now drawn and the newly adopted street plan. There was discussion on possible remedies for this situation, and,hearing was closed. Following some further discussion, it was moved by Councilman Haines, seconded by Councilman Slye that council conditionally approve the prelimin- ary plat of L. T. Hood with the condition that he re -engineer his plat within the guidelines of the street system plan as adopted tonight, and a temporary access be allowed to serve his lots;with his new engineered plat to be submitted to council for approval. Motion carried. REPORT ON BIDS FOR FUEL OIL REQUIREMENT FOR 1971-72 A report on the bids for supplying the City of Edmonds with fuel oil require- ments for 1971-72 had been continued from the meeting of July 6. Councilman Kincaid took a seat in the audience during this agenda item. GAO D. C. Lawson reported on the bids that had been received from Sound Oil @.133 and Chris Peters - Evergreen Distributors @.1298 and stated that Snoho- mish County was buying oil on a bid of .1247 or i(r a gallon below the lowest bid received by Edmonds. He recommended contacting Snohomish County and asking to be served at that price per gallon through December 1971. It was moved by Councilman Tuson, seconded by Councilman Nordquist that the City of Edmonds reject all fuel oil bids received for the 1971-72 requirements of the city as being too high. Motion carried. It was then moved`,by Councilman Sanborn, seconded by Councilman Haines to accept the recommendation of the CAO to purchase oil on the county bid of .1247 per gallon to December 31, 1971 and the fuel oil needs for 1972 be re- viewed at that time. Motion carried, with Councilman Nordquist voting against. ANDOVER R/W VACATION REQUEST A request for vacation of R/W of a portion of Andover Street had been received from R. M. Coomer. City Engineer Leif Larson reported on his review of this request, and recommended that 10' be sold to, -:the adjacent property owners following an appraisal of the cost per foot.. A motion was made by Councilman Sanborn, seconded by Councilman Kincaid that proposed Resolution #241 be passed, setting the 17th day of August, 1971 as the-7date for hearing and deter- mination by the City Council of said petition for vacation; also that cost to the adjacent property owners not exceed one half of the appraised price. Motion carried. AUDITING OF. -BILLS A motion was made by Councilman Kincaid, seconded by Councilman Nordquist that vouchers #13123 through #13294 in the amount of $258,960.52 be approved, and these regular monthly bills be paid. Motion carried. It was moved by Councilman Kincaid, seconded by Councilman Tuson that the following LID bills be paid: LID #139 - $1.50 to Edmonds Tribune Review for legal publications; LID #164 - $450.00 to Earl L. Stay�for appraisals; LID #174 - $15.00 to Systems Services Department for legal descriptions and assessment rolls; $34.80 to Edmonds Tribune Review for legal publications; and the City Clerk be authorized to issue an interest bearing warrant to Edmonds City Treasurer in the amount of $49.80 to cover these bills; LID #177 - $5,364.90 to Edmonds City Treasurer for balance due UAB project; LID #181 - $3,183.68 to Edmonds City Treasurer for balance due UAB project and $39.05 to Edmonds Tribune Review for legal publications; LID #184 - $87.00 to Daily Journal of Commerce for legal publication and $4,745.83 in interest bearing warrants to Grande & Co., Inc. be authorized for bills to date to repay the City for money advanced prior to the sale of warrants; 1 1 Cl 0 1.87. LID #187 - 34.80 to Edmonds Tribune Review for legal publications and the City Clerk be authorized to issue an interest bearing warrant to Edmonds City Treasurer in the same amount to cover this bill; Motion carried. It was moved by Councilman Kincaid, seconded by Councilman Sanborn that the following payments from the 1970 Water -Sewer Revenue Bond Issue be approved: #17 to Reid, Middleton & Associates, Inc. for $2,754.15 on interim billing for engineering; #18 in the amount of $15.67 to Trico Construction, Inc. for estimate 42 money not chargeable to the UAB: #19 to Will Construction Co., Inc. in the amount of $75,657.00 for estimate #2 on Phase II of the Treatment Plant expansion; #20 to Will Construction Co., Inc. & Washington Mutual Savings Bank in the amount of $10,901.50 for deposit of retainage for estimates 1 and 2 on Phase II Treatment Plant expansion. Motionrcarried. CORRESPONDENCE A letter was read from Foster & Marshall Inc., summarizing the financial status of the City of Edmonds and advising on the capacity for additional bonding. • AUDIENCE PARTICIPATION Jim Paul suggested the city council consider 4 open council meetings per month instead of the present 2 meetings and 2 work sessions. He stated that he was a member of the Edmonds Jaycees and that this organization had planned to have at least one member present at each council meeting so that there would be opportunity to listen and comment on every__issue. However, he said that he (and he felt many other people) understood that the council work meetings were closed to the public. Councilman Nordquist stated that there were never any closed doors; that people have come and gone during many work sessions, and decisions never were made at these work meetings. Councilman Sanborn said he thought the present system should be retained; that':the work sessions were for input from the staff from the departments most closely related to the various problems, and he did not favor four regular meetings when the two used for input and information would allow rebuttals from citizens'.to everything the Engineer, for instance, said to council, and these 2 work meetings are neces- sary to become informed on each item. Also, he added that the two regular meetings require the presence of certain staff members who do not have to be at every work meeting. Mr. Gogert, who owns property on 174th between 71st and Olympic View Drive, was present to inquire about a right-of-way problem. The City Engineer agreed that many years ago the road was built on the R/W and now Edmonds has the problem of possibly relocating the R/W. Mr. .Gogert also stated that the city was improving the street with an overlay and it now allowed faster driving and was therefore unsafe, although he admitted the paving had cut down on the dust problem. He asked for a barricade to close the road immediately or:_he would take further action. Ron Whaley, Director of Maintenance and Operation, gave council a background on the growth of the road and the buildings contructed in • the right-of-way before annexation of the area to Edmonds. It was suggested that Mr.•Gogert make an appointment with4the Mayor to provide guidance as to proper procedure to solve his problem. Mr. Gogert and a Mr. Murphy, who is purchasing the property, are concerned with the liability problem on the street that at present is not a public R/W. Mayor Harrison made an appointment to meet with Mr. Gogert at 10 A.M. on Wednesday the 21st. COUNCIL PARTICIPATION Councilman Tuson again brought up the question of the Mountlake Terrace sewer agreement. He said that the Water -Sewer report showed that Mountlake Terrace had made only one payment this year, in February. Ron Whaley stated that the February payment was for the remainder owed for 1970, and that no payments had been made in 1971. CAO Lawson said that the City of Edmonds hoped to bill Mountlake Terrace on the new sewer contract rates, and they had not been billed because of possible change in the rates under a new agreement. .Several of the councilmen expressed concern over this problem. Allen Tuttle, Acting Finance Director, reported on the billing procedure, and City Engineer Leif Larson stated that the flow had been computed, but it was hoped that the contract could be finalized so as not to have to bill Mountlake Terrace and then re- adjust the figures with the new rates. CAO D.C. Lawson will pursue this matter further. Councilman Sanborn noted that at the intersection of 220th and Highway 99 there is now exclusive use of the green light for east and westbound traffic, but most people do not realize this, and he -.::suggested having green turn arrows installed for the free left turns. The City Engineer said he would take this 0 matter up with the county. 0 Councilman Nordquist made a request for school walkways to be considered on 228th east of 76th to serve the Ballinger school. Councilman Haines inquired as to the closing date for the Meadowdale Community Club sale. The City Engineer reported that there was a right-of-way problem to be worked on as well as negotiation with the School District. Mayor Harrison was asked to write a letter to the School Board in regard to this matter. Mayor Harrison reported on the abuse of the dumping site at Perrinville and said the city would hope to reopen it, with control, in the near future for yard clippings. He added that application had been made to a state agency for hired help to man the site. He asked for suggestions from council, and would they prefer to keep the site locked, or open for the balance of the summer with manned help. It was decided that brush only would be accepted for the present and perhaps a nominal charge for reimbursement on the use of the chipper and for the manpower. It was moved by Councilman Haines, seconded by Councilman Kincaid that the Mayor be authorized to set up a manned brush and clipping site at Perrinville on a temporary basis. Motion carried. At this point there was a motion and second to adjourn. The motion carried, but since there were --,agenda items that must be completed tonight, a motion was made by Councilman Tuson, seconded by Councilman Slye to reconvene, and'.this motion then carried. CLAIMS FOR DAMAGES Claims for damages were acknowledged from A. J. and Vesta Baumgartner and from David S. and Winifred Smith. These were referred to the City Clerk for pro- cessing. AUTHORIZATION TO INSTALL SANITARY SEWER LINES IN STATE HIGHWAY PROJECTS City Engineer Leif Larson requested authorization for installation of sanitary sewer lines in the following state highway projects; Edmonds Way between 226th SW and 102nd P1. W., and Third Avenge from Elm to the north edge of the SR 104 right-of-way. It was moved by Councilman Kincaid, seconded by Council- man Nordquist to authorize the City Engineer to install these sanitary sewer lines as requested. Motion carried. APPOINTMENT TO BOARD OF APPEALS The Mayor made the appointment of Jack Whiteley to Position 3 on the Board of Appeals. It was moved by Councilman Slye, seconded by Councilman Nordquist that the Mayor's appointment of Jack Whiteley be confirmed. Motion carried. The meeting was then adjourned at 11:15 P.M. Irene Varney Mora , City Clerk August 3, 1971 ROLL CALL Harve H. Harrison, Mayor The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present except Nelson, who had stated at a prior meeting that he would be out of town on business. APPROVAL OF MINUTES Minutes of the meeting of July 20 had been posted and mailed, and with no omissions nor corrections, they were approved as written. UPDATING 6 YR. STREET IMPROVEMENT PROGRAM This item had been continued from the July 20 agenda, and City Engineer Leif Larson explained that in accordance with state law, the council must update the 6 year street improvement program annually and submit the revised plan to the State Highway Dept. He then went on to explain each item and point out the project location on the map.. It was noted that the projects were not necessarily listed in order of priority: 1. Various location for traffic safety and capacity 2. Olympic Avenue from Main to Olympic View Drive 3. 184th SW; 183rd P1. SW from 88th W., east to Olympic View Drive 4. Edmonds Way from Elm to Westgate area 5. 80th Ave. W. from 184th SW to 200th SW 1 • I . • 0 �J 6. Third Ave. S. from Pine to Elm 7. Dayton from Railroad to Sunset 8. Meadowdale Beach Road from 76th W. to Olympic View Drive 9. Talbot Road and 171st SW from Olympic View Drive to 76th W. 10. 240th SW from Highway 99 to 78th; 79W. from 240th to 236th; 238th P1. SW; 76th to 78th 11. Arterials, residential and access streets at miscellaneous locations 12. 76th W. from 196th SW to 188th SW 13. 76th W. from 188th SW to Olympic View Drive 14. 76th W.;'75th Pl. W. & Lund's Gulch Rd.; from Olympic View Drive to 72nd W. 15. Casper St. from Third Ave. N. to 9th N.; 9th N. from Casper to Puget Drive and Puget Drive from 9th Ave. N. to Olympic Avenue; and 196th SW from Olympic Avenue to 76th W. 16. 88th W. from 196th to Olympic View Drive 17. 220th SW from 76th W. to Highway 99 and from 9th Ave. S. to 96th Ave. W. 18. Elm St. from 9th Ave. to 6th Ave.; 6th Ave. from Elm to Pine; Pine from 6th to 5th 19. Olympic View Drive from Olympic Ave. to 76th W. 20. North Meadowdale Road from 75th Pl. W. to 68th Ave. W. 21. 228th SW from 76th W. east to city limits 22. 88th Ave. W. from 196th to 212th 23. 228th SW from 76th W. to Highway 99 24. 9th Ave. from 232nd SW to Casper It was moved by Councilman Slye, seconded by Councilman Tuson that proposed Resolution #242 be passed, adopting a revised comprehensive 6 year street • construction program to be filed with the Director of Highways and the Urban Arterial Board. During discussion, Councilman Kincaid asked for assurance from the City Engineer that each project would come to council for discussion and approval as it came up, and that council would not be --told that they had approved a certain project on August 3 and then not have a chance to be against a particular item for one reason or another. He stressed the importance of having future opportunity to vote on each'project individually. The City Engineer assured council that this was merely a guideline to submit as re- quired, and that each project would come before council for approval. Follow- ing some additional discussion between council and the Engineer, the motion to pass the Resolution carried. DISCUSSION: HOUSING RESOLUTION Mayor Harrison reviewed the background of this item from the beginning, when a committee studied the question and came to council with the recommendation for leased housing. He stated that the City felt that contracting with a housing authority would be the best method, and at the last council work meeting, Mr. Hopkins of the Washington Housing Services talked on various pro- posals. The question now before the city seemed to be whether to negotiate with the Washington Housing Services or with the Snohomish County Housing Authority. Sally Wren, Director of the Senior Center, and several interested senior citizens were present in the audience. There was some discussion that leased housing cannot contain limitations and the city would not necessarily have control over its own program with the Washington Housing Services. The City Attorney felt that the attitude of the Washington Housing Services, -as he understood it, was to request a declaration of need by resolution from the city, and they would go on from there. He said he personally felt the Snoho- mish County Housing Authority would be more compatible with the desires of the • council. There was a great deal of discussion, and it was then moved by Councilman Kincaid, seconded by Councilman Slye to instruct the Attorney to prepare a resolution to the Snohomish County Housing Authority, declaring a need for low income housing for the elderly. Motion carried. A motion was then made by Councilman Nordquist, seconded by Councilman Slye that the city contract with the Snohomish County Housing Authority to request 100 leased units for a one year period. This motion also carried. PLANNING COMMISSION RESOLUTION 360 Planning Commission Resolution 360 was presented to council, recommending denial of a proposed amendment to the zoning ordinance to establish a beauti- fication procedure in lieu of the abatement procedure for non -conforming commercial buildings and uses in residential zones. No appeal had been re- ceived, and City Planner Merlin Logan advised the council that they could do either of two things - uphold the Planning Commission's denial or set a hear- ing date: It was moved by Councilman Sanborn, seconded by Councilman Slye to uphold the recommendation of the Planning Commission and deny the proposed amendment. Councilman Haines stated that he would like to have a hearing on this proposal, which would lessen the impact on non -conforming businesses when annexed to the city. At this point, Councilmen Sanborn and Slye with- drew their motion and second. Councilman Haines then moved, seconded by Councilman Tuson that September 7 be set as the date for hearing on Planning Commission Resolution 360, and the motion carried. PLANNING COMMISSION RESOLUTION 361 - Planning Commission Resolution 361 was also presented to council, recommending 0 190 denial of a proposed amendment totFoning ordinance requiring all property owners involved in a rezone proposag to be a party to the rezone application. No appeal had been received on the denial, and City Planner Merlin Logan told council they again had two choices; to uphold the denial or set a hearing date. He noted the infrequency of this type of thing in Edmonds. Discussion followed, and it was then.moved by Councilman Haines, seconded by Councilman Sanborn that Planning Commission Resolution 361 be set .for hearing on September 7. Motion carried. ORDINANCE AMENDING STREET MAP - SHELL VALLEY In accordance with the instructions given by council at the July 20 meeting, the Ci-ty Attorney presented the proposed ordinance amending the official street map by proposing a public right-of-way system in the Shell Valley area between Bowdoin Way and Main Street lying east of 92nd Place W. in modifica- tion of Planning Commission Resolution 359. It was moved by Councilman Slye, seconded by Councilman Nordquist that proposed Ordinance #1569 be passed, and the motion carried. ANNEXATION REQUEST - "BELLIN'S GARDENS" AREA Since there was no one to present the request for this proposed annexation, it was moved by Councilman Slye, seconded by Councilman Nordquist to continue this agenda item to the next regular council meeting. Motion carried. CORRESPONDENCE A letter was read from the Edmonds Yacht Club, asking for a solution to the • problem of their parking lot being closed off at times by the long lines of vehicles with boats waiting to be launced. This was referred to the City Engineer. A letter was read from R. P. Sorensen, 390 Sunset Avenue, protesting the use of private property to install underground vaults for the underground wiring on Sunset. This problem was to be discussed further with the PUD. A letter from Mr. Glen Hill, 17404 - 76th W., was read regarding fire protec- tion in the extreme north end of Edmonds, wherein he expressed disappointment that a dumping site has been installed where he expected a new fire station. He quoted mileage figures for fire trucks to get to his homes, and felt the Fire Dept. should be doubled and plans made for additional housing and equip- ment. Fire Chief Cooper remarked that Mr. Hill's mileage figures were correct, but that the Edmonds Fire Dept. enjoys a 45 classification, and Lynnwood does respond to calls north of 196th; however, there are some problems and inade- quacies. He added that a fire station at that location is not feasible at this time. The letter from Mr. Hill was referred to the Fire Chief. AUDIENCE PARTICIPATION Chuck Adams, 1221 - 8th So., complained to council about the bad traffic corner at the 8th and Elm Way intersection, and asked that the brush be removed to improve .visibility at this blind corner and a stop sign be installed. Councilman Sanborn stated that he was aware of this problem and he would make a motion, if necessary, that a stop sign be placed there immediately, but he was assured that the City Engineer and Dept. of Public Works would take prompt action on this problem. • Councilman Sanborn suggested that the pattern for traffic control should be changed to conform to the situation when construction is taking place in the city, and Councilman Haines asked if this type of problem, such as brought here tonight by Mr. Adams, might not be taken care of on a day to day basis rather than having people have to wait to bring this kind of complaint tb a council meeting. Ron Whaley, Director of Maintenance & Operation, stated that he would take care of this tomorrow. Gordon Maxwell presented a proposal to council for purchase by the city of the waterfront property which includes the'Senior Center.building. This move would insure additional waterfront and other areas for public use, as well as provide the facilities for the Senior Center. He suggested that the city take a definite interest in acquiring this property by issuing councilmanic bonds. He stated that the property upon which the Senior Center is located is the only property not producing income on the waterfront from Dayton to Maih, and this move would put the waterfront problem in the distant future, since the revenue producing properties are now already there in the other locations. He added that there is a good possibility that the Center can get funding from HUD for 75% of the acquisition, leaving 25% or from $85,000 to $100,000 for the city to acquire this property. From $10,000 to $13,000 per year for debt service would accomplish this, and he felt the city could go this far with its prevent bonding capacity and still keep some reserve for emergencies. Sally Wren stated that about $3601,000 was the quoted price on the property and having city backing would certainly be a strong factor in the application for the grant to HUD. Councilman Haines said he would like to explore the possi- bilities for perhaps both 'Che city and county going together for this purchase. Mr. Maxwell said that what the project needs at this point is sponsorship, and he was requesting in behalf of the Senior Center that the city take this step. When council suggested discussing the matter at' -.their next work session, Mr. Maxwell asked for assurance that the city would take some action and not let 1 the matter drop. Sally Wren then stated that a,total figure of $438,000 would include all costs. Mrs. Wren was invited to attend the next council work session with all the facts and figures for presentation to council, and the proposal would also be placed on the next council meeting agenda. COUNCIL PARTICIPATION Councilman Sanborn stated for the record that he would be on vacation and therefore not in attendance at the next council meeting. Councilman Slye asked if there was a city ordinance requiring property owners to clean brush, etc. from the sidewalks in front of their homes. The City Attorney answered that there was an ordinance having to do with noxious weeds, and also one concerning defective sidewalks, but none pertaining to that particular problem. Councilman Slye also inquired about the sidewalk improvement or installation ordinance. The City Attorney will report on these at the next work meeting. Councilman Tuson inquired about how much money had been received from Mount- lake Terrace for the sewer service since he discussed it at the last council meeting. CAO Lawson reported that he had heard just today from Mountl'ake Terrace in regard to this, and they were processing a check for this service up to the end of June. He added that the contract would be submitted for signatures in the very near future. Councilman Haines stated that 76th, an arterial, had been blocked off complete- ly over the weekend and there were not adequate signs for refouting the istraffic. He therefore made a motion, seconded by Councilman Sanborn that council adopt a city policy to adequately detour and reroute traffic with signs during street closures so that people find::iheir way around the detour easily. Motion carried. Councilman Sanborn had a question on the completion of 76th. PREPAYMENT ORDINANCE - LID #181 A motion was made by Councilman Nordquist, seconded by Councilman ,Slye that proposed Ordinance #1570 be passed, cash prepayment expiration ordinance on LID #181. Motion carried. CAO REPORT CAO Lawson announced that on August 4 at 7 P.M., the Mayor and Finance Direc- tor of Lynnwood would be given a demonstration of the computer at the Public Works building, and all councilmen were invited to attend. The CAO reported that the City Engineer requested that authorization be given for opening of bids for construction of Alder from 7th to 9th under LID #172. It was moved by Councilman Nordquist, seconded by Councilman Slye to authorize bids to be opened on August 16 for construction work on LID #172. Motion carried. TRAFFIC LIGHT - THIRD AND MAIN CAO Lawson reported that complaints had been received from the area businesses • on the traffic problem at Third and Main, and especially during peak hours such as during ferry leaving and arrivals. He _stated that yellow lines had been painted on the curbs to discourage parking and allow free flow of the traffic turning at this intersection. Councilman Kincaid stated that 15 parking spaces had been lost with the painting of the curbs and he felt traffic could be handled with the red and green lights, and further recom- mended that the yellow lines on the curbs be eliminated. Following discus- sion, it was moved by Councilman Kincaid, .seconded by Councilman Slye that the entire yellow curbing except for 20' on each corner be eliminated at the Main and Third intersection. Motion carried. AUTHORIZATION TO CALL FOR BIDS ON TRUCK Ron Whaley, Director of Maintenance and Operation, stated that money for the truck was: in the 1971 budget, and it was moved by Councilman Sanborn, seconded by Councilman Tuson to authorize a call for bids to be opened on August 16 on a 21-2 ton truck. Motion carried. APPOINTMENT TO LIBRARY BOARD Mayor Harrison made the appointment of Mrs. C. Wayne Hall to the Library Board, to replace the vacancy caused by the resignation of Barbara Skinner. A motion was made by Councilman Nordquist, seconded by Councilman Sanborn that the Mayor's appointment of Mrs. C. Wayne Hall to the Library Board be confirmed, and the motion carried. There was no further business, and the meeting adjourned at 10:45 P.M. mg • Irene Varney Moran,6tity Clerk Harve Ii. Harrison, Mayor t 192 t August 17, 1971 Prior to the meeting being called to order the Council and audience was entertained by the South Snohomish County Senior Swingers, who marched in, sang and played two numbers and then took their places in the audience. The meeting was then called to order by Mayor Harrison, with Councilmen Nelson, Tuson, Slye, Kincaid and Haines in attendance. Councilman Sanborn was on vacation and Councilman Nordquist arrived at 8:20 P.M. during the hearing on vacation of Andover St. The minutes of the meeting of August 3 had been posted and mailed, and with no omiss- ions nor corrections, they were approved as written. HEARING: ON PLANNING COMMISSION RESOLUTION #357 - RECOMMENDING AMENDMENT TO THE THOROUGHFARE PLAN TO ESTABLISH A RECREATION STREET SYSTEM - FILE CP-1-71 City Planner Logan stated that maps had been distributed to the Council members and that brief discussions had been held with the Council previously. He.said the pro- posed plan is the result of two hearings of the Planning Commission. Originally the Park Board had asked for a study of recreation street system, and that there had been some correspondence.regarding a horse trail system. The Olympic Cycle Club and the two 4-H groups had been consulted in the planning of trail systems. The Pblice Dep- artment had been consulted on the safety of the routes and the Park Board had gone over the system. The Park Board is in favor of some of the proposed routes and opposed to others. Planner Logan recommended the hearing on the Recreation Street System be postponed until the second meeting in January, 1972 in order for the Park Board and the Planning Commission to work together in the establishment of a recrea- • tion street system. A motion was made by Councilman Kincaid, seconded by Councilman Slye that the hearing on Planning Commission Resolution No. 357 - to establish a recreation Street System, File CP-1-71 be postponed until January-18, 1972. Motion carried. HEARING: ON RESOLUTION #241 - VACATION OF PORTION OF ANDOVER R/W Mr. Robert Coomer, 18007 Andover Street, was in the audience and stated that he would like to proceed with the acquisition of a vacated portion of Andover Street, at least to the point of negotiations. Chief Administrative Officer Lawson stated that the proposed figures of 50% of appraised value were approximately the basis used in the vacation on Bell St. He said the narrow strips of land have very little value of their own, only when added to the adjoining property do they become valuable. Engin- eer Larson said that in a previous vacation on Edmonds St. between 8th and 9th the valuation had been established at IN.a square foot, and that he believed this would have a similar value. He stated the City.has no need for the property as Andover St. has been designated a 60 foot right-of-way and that the City has 80 feet on a portion of it. This apparently had been dedicated to the County by the builder before it was annexed to.the City of Edmonds. Councilman said he thought if the City has no need for the property that the entire street that has a 80 foot right of way should be reduced to a 60 foot right of way and the 10 feet on each side of the street tran- sferred to the property owners at only the cost to the City. Attorney Murphy said there would be no cost to the City, only the filing of the Ordinance which would be $3.00. He said the proposed ordinance provides the street would be vacated subject to street easements. Mrs. Walter Struck, 18000 Andover St. asked how the City ac- quired that much property for a right of way and was told it was acquired'by annexa- tion. Hearing was closed. Councilman Nelson said he supported the idea of Councilman Haines that if the City • has no use for the property that it should be transferred to the property owners, subject -to easements. It was moved by Councilman Haines, seconded by Councilman Nelson that the City Engin- eer and Attorney be instructed to prepare proceedings to vacate-10 feet on each side of Andover Street to adjacent property owners for only the cost of transfer of prop- erty, in the part of Andover Street that is in excess -of the 60 feet right of way. Motion carried. Attorney Murphy stated that doing this would require anew petition, new resolution, new posting, and new hearing as this was a much larger area. ANNEXATION REQUEST - "BELLIN'S GARDENS" AREA Councilman Nelson said the people involved in this annexation proposal were not pre- pared at this time. A motion was made by Councilman Nelson, seconded by Councilman Haines that the hearing on the proposed annexation "Bellin's Gardens" area be con- tinued until September 7th. Motion carried. PROPOSED RESOLUTION TO SNOHOMISH COUNTY HOUSING AUTHORITY Attorney Murphy said this resolution was for declaring a need for low -rent housing and notifying the Housing Authority of Snohomish County of the intention of the City Council to contract for a program of leasing privately -owned housing. The number of units to be subject to negotiations. 11 • 1_ 9 3 1 J • 1 • It was moved by Councilman Nordquist, seconded by Councilman Nelson that Resolution #243 be passed and negotiations begun with the Snohomish County Housing Authority for low -rent housing in the City of Edmonds. Motion carried. DISCUSSION OF PROPOSAL ON PURCHA& OF WATERFRONT (SENIOR CENTER LOCATION) City Attorney Murphy said he had met with HUD. He had picked up the application from Sally Wren. The City may apply for the grant, and would then own the property out- right. It would then contract with the South Snohomish County Senior Center for the operation of the center. The City must agree to retain the Center as a low-income Recreation center for 20 years. Everything is specified by HUD and must be carried out as they prescribe. Murphy stated that he thought it was logical for the City to acquire the property and not the Housing Authority. He said the price is based on the maximum amount of two private appraisals. The City may not acquire the pro- perty without prior authorization by HUD, or the grant would be refused. He said that basically we would follow the same rules as when we were acquiring the park property. Councilman Kincaid asked if switching from the Housing Authority to the City would delay the acquisition for long. He was told that it would not. Gordon Maxwell asked if the same information would be needed no matter who applies. Murphy said that basically they would only be changing the name of the applicant. Mrs. Sally Wren said at the time they started this application it seemed most appropriate to have the Housing Authority make the application, but that HUD feels it would be better for the City of Edmonds to make the application as they are the ones who would have to come up with the balance of the money. Attorney Murphy said that he felt Rod Garretson, Director of the Park and Recreation Department would be the logi- cal administrator of the program, and that they would get together and go over the applications and make any changes necessary. A arrant from HUD is a three-way con- tract, with the City contracting with HUD as the owning agency, and contracting with the Senior Center as the operating agency. The City cannot let the center wither and then change to another type of operation, but must see that it is maintained as a low- income Recreation Center. The beach property would be a public facility. He said the contract with the Senior Center for operation of the program could be signed be- fore the application is approved by HUD. Attorney Murphy said that the application does not have the space filled out for contingencies, appraisers fees, etc. If the application is approved then these contingencies are reimbursed three -fourths. Up to the time of signing the contract with HUD the City can back out. Mr. Maxwell said this is the only way the Senior Center can go as there is no other way to obtain the money. Councilman Kincaid said he was all in favor of acquiring the land providing title remains with the City. A motion was made by Councilman Kincaid, seconded by Councilman Nordquist that assum- ing a cost of $100,000.00 in cash to the City and $9,000.00 in kind services to be provided by the Senior Center then the Attorney and the Park and Recreation Director review the application to HUD and the City Attorney be instructed to prepare a reso:=,- lution for September 7 Council meeting to authorize the application to HUD for a grant for acquisition and development of the property. Motion carried unanimously. Mayor Harrison declared a 5-minute recess at 9:10. SIDEWALK IMPROVEMENT OR INSTALLATION ORDINANCE C.A.O. Lawson said that the former sidewalk ordinance defined certain areas and that this needed to be expanded. He said there was a definite need in certain areas and that some requests had been received. In the former ordinance amounts had not been specified, but' -the City did participate by doing the grading and prepatory work. Attorney Murphy suggested that some costs should be specified before the City Engin- eer does too much preparation of maps, etc. Mayor Harrison presented the ordinance for first reading on the Sidewalk Improvement or Installation. It was moved by Councilman Nordquist, seconded by Councilman Slye that the City Engineer make a survey of sidewalks in the Business district and the residential areas adjacent thereto. Motion carried. PROPOSED ORDINANCE INCREASING MAYOR AND COUNCILMEN SALARIES FOR 1972 A motion was made by Councilman Haines, seconded by Councilman Kincaid that in line with the Presidential Wage freeze this proposed ordinance be continued for 91 days to November 17, 1971. Roll call vote had five yes and Councilman Nordquist voting no. Motion carried. AUDITING OF BILLS A motion was made by Councilman Kincaid, seconded by Councilman Nordquist that vouch- ers #13295 through #13477 in the amount of $321,746.42 be approved, and these regular monthly bills be paid. Motion carried. It was moved by Councilman Kincaid, seconded by Councilman Slye that the following LID bills be paid: 0 1,94 • LID4164 - $2,509.80 to Ewing Electric, Inc. for Estimate #6 (final) for construction of two standby generator.stations; LID #186 - $41.40 to Edmonds Tribune -Review -for legal publications; and the City Clerk be authorized to issue an interest bearing warrant to the Edmonds City Treasurer in that amount to cover this bill. Motion carried. A motion was made by Councilman Kincaid, seconded by Councilman Haines that the following payments from the 1970 Water -Sewer Revenue Bond Issue be approved: 421 - in the amount of $15,410.71 to Bay Construction Co., Inc: Estimate #2., Schedule II & IV for water main construction in connection with 9th Ave. improvements; #22 - In the amount of $1,622.18 to Bay Construction Co., Inc. & National Bank of Commerce, deposit of retainage in Escrow Account, 9th Ave. #23 - $4,229.40 to Coulee Construction Company, Estimate #1, Schedule II Edmonds water mains. #24 - $1,234.76 to Trico Construction Co., Estimate #3 (final) Schedule II water mains and sanitary sewers 84th Ave:. W. #25 - $25,899.13 to Universal Utility Contractors, Inc., Estimate #2 (ScheduleII). Water Mains and Sewers 9th Ave. #26 - $2,726.23 to Universal Utility Contractors, Inc. & Seattle First National Bank - Deposit of retainage for Estimate #2, Schedule II, water mains and sewers,.9th Ave. #27 - $77,220.00 to Will Construction Co., Inc. for Estimate #3, Phase II, for cons- truction Sewage Treatment Plant expansion. #28 - $3,861.00 to Will Construction., Inc. & American National Bank - deposit of retainage for Estimate #3, Phase II, Sewage Treatment Plant Expansion, and the City Clerk be authorized to issue these warrants. Motion carried. CORRESPONDENCE A letter was read from the Everett Herald -pursuant to the new state Open Meetings. Act and asking for cooperation from the City Council. Councilman Haines said he thought the Council should move their work meetings to the Council Chambers as it gets much too crowded in the Mayors office. Councilman Nelson agreed if they could re- strict the audience participation to new information. Councilman~ Haines said had discussed the matter with Jim Haley, Western Sun about quoting items by name or by source. He said that particular matter bothered him some. Councilman Kincaid said that it would perhaps slow down some candid remarks.that are made to make a point. C.A.O. Lawson said he had read the regulation and that one thing bothered him. All public bodies must abide by this ruling except the Courts and the Legislature. He thought all should abide by the same rules. Councilman Nordquist stated that he thought the Council should.sit on the main floor and not at the Council table, that it would make a more informal, conference type arrangement. A motion was made by Councilman Nordquist, seconded by Councilman Nelson that the work meetings of the Edmonds City Council will be held'in the Council Chambers on a trial basis. Motion carried. A letter from Sleavin-Kors Professional Engineers regarding the Shoreline Management Act passed by the last State Legislature and now in effect, was read. A letter from Kramer, Chin & Mayor,,Consulting Engineers was received also regarding the Shoreline Management Act. AUDIENCE PARTICIPATION Bill Kasper, 657 9th.Avenue North asked if the City really has'need for 5 foot'side- walks on both sides of the street. He said he didn't think residential areas had enough traffic to warrant the expense and the taking of the property. Councilman Slye said he thought sidewalks should be on both sides of the street as.crossing streets creates hazards. Councilman Kincaid stated he thought'4 foot sidewalks in residential areas were wide enough. Engineer Larson said that when narrower sidewalk are used they have planting strips and are not built to the curb. He said he still believed that arterial streets should have sidewalks on both sides so there is no indiscrimin- ate crossing of the street. However, he did think that sidewalks on one side of the street in strictly residential area did merit further study. . Glen G. Hill, 17404 76th Ave. W. stated that he was disturbed by some things that had been done by the City. The property purchased at Perrinville by the City in 1966 is now being used for a recycling center. The residents in the north end annexed to the City of Edmonds mainly because they needed better fire protection and in the seven years since annexation they haven't received it.' He said he wasn't opposed to the recycling station if it was properly administered, screened and supervised, as he was well aware of the problems the people in this area have for dumping facilities. How- ever, that property was purchased for a fire station and that.is what it.should be. He said he did not understand the City and their priorities. Fire protection was much more important than swimming pools, covers for pools and park expansion: Mr. Hill said he did not approve of the arrangements made by Mayor Harrison and Mayor Hrdlka for fire protection in their area to be provided by Lynnwood. The Lynnwood Station 1 1 1 • 1 1 U • 1_ 9 1 • that would be servicing them is a volunteer station and it is.3.miles from, the station to his property.' Mayor Harrison stated the Lynnwood Fire Station.that would. be answer- ing calls in this area is at 188th, just west of 68th. It is approximately 400 feet from 181st to Olympic View Drive and the City of Edmonds is considering putting a street through to connect the two streets and would make accessibility to this area much easier. Mayor Harrison also stated that the property at Perrinvill:e would not be a recycling station, but would be only for brush dumping and would be chipped. Councilman Tuson said he thought the County should be contacted for assistance in developing the street as the proposed street is in the County. Mr. Hill asked how long this would take. He said if he had wanted services from Lynnwood he would have annexed to Lynnwood. Mayor Harrison said that.in the interest of economy and effi- ciency we are becoming more closely associated with the other cities. Mr. Hill said he had reviewed the salaries of the Edmonds Fire Department and that lie believed there were too many administrators and not enough paid firemen. CEtief Cooper said he would like to clarify for Mr. Hill that the administrators in the Fire Department also were fire-fighters, and also administered the 30 Volunteer*Firemen in the City of Edmonds. He also said that adding five more paid fire-fighters would probably not increase the administrators. He said there were more men in training at this time for volunteer so that the force could be brought back up to 35 men. Chief Cooper said that the main concern of the Fire Department is the availability of men during the business hours. He said the Fire Department could get many applications, but that after careful screening to get only the ones who are really interested insa Volunteer Department there are not too many left. The Washington State Survey and Rating Bureau had recently completed a survey of Edmonds and had up -graded the rating of Edmonds.from a Grade 6 to a Grade 5. One of the main deficiencies of `the City of Edmonds is the number of Paid Fire Fighters and the number of Volunteer Fire Fighters. The paid Firemen of the City are.only 300% of what we should have and the volunteers are 80% of the force the City should have. C.A.O. Lawson said that one of the main points in the Survey are the water mains and that large water mains had been installed in the northend. Mayor Harrison said that at this time the City is relying on Mutual Aid Agreements and not planning to go ahead with a Fire Station at Perrinville at this time. COUNCIL PARTICIPATION Councilman Nordquist asked that the City Planner disperse the minutes of the last Lynnwood Planning Commission meeting to the Council and the Planning Commission,.in which the planning of 76th Ave.,W. and 199th was discussed. Councilman Nordquist also asked about the cost of the computer and the percentage of usage of the City of Edmonds. He said he thought now was a good time to study the cost versus the results. Councilman Nordquist said he thought the cost compared to what we are getting is far out of line, and that if. the City does not utilize the computer more we should return it to the company. Allen Tuttle said that unfortunat- ely.,the City only budgeted for 1 programmer.and that 1 person can only.do so much. More work is going on the computer each week. Mr. Tuttle said that the City is thinking of hiring a programmer through the Federal Matching Program, in which the government pays 90% and the City 10% of the salary. He said the City would gladly rent the machine out on second shift. Mr. Tuttle said that rental on a 16 hour day would increase the rent per month approximately 65%. Councilman Slye asked the City Engineer what the status was on the traffic light at 76th and 224th. Engineer Larson said that the City was now waiting for approval from the State and that he expected the light to be approved by the end of the year. is to Haines moved, seconded by Councilman Tuson that the attorney be instructed to draw an ordinance amending Section 10.10.030 of'Ordinance ##1568, exempting single family dwellings from the requirements of the section. Motion carried. Councilman Haines moved, that the City Attorney be instructed to draw an ordinance amending Section 10.10.050,;Paragraph C of Ordinance #1568, to read "except where said water mains have been installed by L.I.D. replacement should be at City expense". Motion died for lack of a second. Councilman Haines said he thought a policy should be established to apply city-wide that where improvements, sidewalks, streets, water -mains, etc. have been paid for by the people that they should not have to pay for these improvements again. CLAIMS FOR DAMAGE Claims for damage were received from Ronald S. Curtis, Rhnikant Ramji Shah, Suzanne C. Pease and James Kasper, and the City Clerk authorized to process these claims. C.A.O. REPORT C. A. 0. Lawson reported that the financial condition of the City of Edmonds was up to expectations and the budget was being followed. He said the City.was healthy, but not fat. A motion was made by Councilman Slye, seconded by Councilman Nordquist, that the Final Hearing for LID 182 be set for September 21, 1971. Motion carried. 0 J • C.A.O. Lawson reported on the bid opening for a 21-2 Ton Truck, new or used, for the Public Works Department. Bids were received from: Sea-Tac Ford Truck Sales, Inc. $15,231.00 (New truck) Wittenberg Motor Company $ 5,600.00 (Used truck) Bob.Johnson, Chief Mechanic for the City of Edmonds and Ron Whaley, Director of Public Works had examined the used.truck and recommended that the bid of Whittenberg Motor Co. in the amount of $5,600.00 for a used truck be accepted. It was moved by Councilman Nelson, seconded by Councilman Slye that the bid of Witten- berg Motor Co. in the amount of $5,600.00 for a used 2h Ton Truck be accepted. Motion carried. Engineer Larson reported on the bid opening for LID 4172, paving Alder, 7th to 9th and 8th, Alder to Maple. Bids were opened August 16, 1971 at 2:00 P.M. in the Mayors office. Five bids were received: Schedule I Schedule II Total Roth Construction Co. 70,159.50 9,732.50 $79,892.00 Doolittle Construction Co. 83,590.00 11,075.00 94,665.00 Universal Utility 67,890.00 10,407.50 789297.50 Bay Construction Co. 62,840.75 11,397.50 74,238.25 T & E Construction Inc. 639147.25 99661.00 72,808.25 It was the recommendation of the City Engineer that the bid of T & E Construction, Inc. be accepted. A motion was made by Councilman Slye, seconded by Councilman Nelson that the bid of T & E Construction, Inc. in the amount of $72,808.25 for LID 172, paving Alder,-7th to 9th and 8th, Alder to Maple be accepted. Motion carried. Councilman Kincaid said he wanted it made clear to all that the City of Edmonds is absorbing 35% of the total cost of 'the project. APPOINTMENTS TO THE PROPOSED SOUTHWEST SNOHOMISH COUNTY PUBLIC SAFETY COMMUNICATIONS AGENCY. Mayor Harrison made the appointment of Police Chief Marlo,Foster and Councilman Gary Nelson to the proposed Southwest Snohomish County Public Safety Communications Agency. A motion was made by Councilman Tuson, seconded by Councilman Kincaid that the Mayors appointments of Marlo Foster and Gary Nelson the -proposed Southwest.Snohomish County Public Safety Communications Agency be confirmed. Motion carried. BURLINGTON-NORTHERN RAILROAD PROPOSAL A motion was made by Councilman Slye, seconded by Councilman Nordquist that the City of Edmonds pay to the Burlington -Northern Railroad the sum of $5,000.00 for easement for parking and roadway for a portion of the Burlington -Northern right-of-way from just north of Main Street to Edmonds Street on the water -side of the railroad track. The City of Edmonds will construct a chain link fence between the railroad trackage area and the easement area. Motion carried. There being no further business the meeting adjourned at 11:10 P.M. Irene Varney Moran, ity Clerk September 7, 1971 ROLL CALL k i Harve H. Harrison, Mayor Regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with Councilmen Haines, Kincaid, Nordquist, Slye, Tuson and Nelson present. TRIBUTE TO COUNCILMAN SANBORN A single red rosebud in a crystal vase had been placed on the council table in front of Councilman Sanborn's seat, and Mayor Harrison asked for a period of silence in memory of Councilman Gordon Sanborn, who lost his life in a plane crash in Alaska on Saturday. Following this, the Mayor stated that the flag at the Civic Center would remain at half mast until after the funeral. He then went on to say that Councilman Gordon Sanborn had gained the respect and admiration of all who had worked with him; that he was a hard worker with boundless energy, who not only made his living as a patent attorney, but also became involved in Cub and Boy Scouting, served on the church council at St. Peter by the Sea Lutheran Church, and been elected with his wife, Barbara, as co -presidents of the Edmonds Junior High School PTA for this school year, was involved in city affairs as a member of the Edmonds City Council, and still found time to build a cabin at Lake Whatcom and spend many weekends there. Mayor 1 L� 1 • 1 • 19 7. Harrison added all would agree that whatever the problem, Gordon explored it in depth and was always fairminded and courageous in his decisions, and he knew he spoke for the whole council in saying we enjoyed knowing him and working with him and were all going to miss him. The Mayor then went on to say that this same tragedy also took the lives of seven other South County residents: Gordon's son, Jim; John Null and his son, Joe; Harold and Lois Steves; and Richard and Betty Kurttila. He said that this was a terrible tragedy for Edmonds and that we offer our deepest sympathy to all the families concerned, and any help that they may desire. It was then moved by Councilman Kincaid, seconded by Councilman Nordquist that this council meeting be recessed to next Tuesday, September 14 as a token of respect for Councilman Sanborn. Motion carried unanimously, and the meeting was recessed at 8:10 P.M. Irene Varney Moran City Clerk September 14, 1971 ROLL CALL Harve H. Harrison, Mayor Recessed meeting was called to order by Mayor Harrison with all six councilmen present. • APPROVAL OF MINUTES Minutes of the meeting of August 17 had been posted and mailed, and with no omissions nor correction, they were approved as written. HEARING: ON PLANNING COMMISSION RESOLUTION 360 Hearing was held on Planning Commission Resolution 360, recommending denial of a proposed amendment to the zoning ordinance to establish a beautification procedure in lieu of the abatement procedure for non -conforming commercial buildings and uses in residential zones. No appeal had been received. City Planner Merlin Logan gave a brief explanation of the action of the Plan- ning Commission and also reasons for his recommendation. He felt beautifica- tion was not the answer to the non -conforming problem. Councilman Kincaid asked if the denial was by unanimous vote of the Commission, and Mr. Logan answered in the affirmative. Councilman Haines read a definition of "economic life" from an appraisal publication, and added that he was against people investing in an area and then having a time limit set on how long they could keep the business. He also did not feel that these people should have to pay a $300.00 fee;to see if the economic life could be extended; that this put an extreme hardship on these businesses. He felt that this should either be stopped or the problem sent back to the Planning Commission. Councilman Kincaid said he felt a certain amount of compassion, especially for non- conforming businesses in annexed areas. He was against allowing deteriorating non -conforming business buildings to remain, and added that consideration should be given to those of a decent nature; however, he admitted it would • be difficult to distinguish between them. Councilman Tuson stated that people in annexed areas felt that the existing county zoning would be protected, but it was brought out that practically all of these places were non -conforming even under the previous county zoning. It was pointed out that the Planning Commission had no specific beautification procedures presented to them in connection with this proposal. 1 The hearing was then opened, but no one in the audience wished to comment and the hearing was closed. A motion was made by Councilman Nelson, seconded by Councilman Tuson that the recommendation for denial in Planning Commission Resolution 360 be upheld. .A roll call vote showed all councilmen in favor except Kincaid and Haines, and the motion carried. HEARING: ON PLANNING COMMISSION RESOLUTION 361 Hearing was held on Planning Commission Resolution 361, recommending denial of a proposed amendment to the zoning ordinance requiring all property owners involved in a rezone proposal to be a party .to therezone application. No appeal had been received. City Planner Logan explained the reasons for denial by the Commission, and gave examples of other cities' ordinances in regard to this. There was a great deal of discussion. Dick Dickson, Chairman of the Planning Commission, stated that the mechanics we now have give adequate control, and requiring 100% signatures could very well backfire. It was noted, for example, that if 0 • perhaps only 10 out 11 owners were in favor of a rezone, and if the one dissenter owned property in the middle of the area, they would be prevented from applying for a rezone without his signature. City Attorney Murphy stated that he felt there would be no reason to change the present procedure for rezone application. Councilman Nelson said he thought the original idea behind this proposal was to see that every property owner concerned would be notified of a rezone application. The hearing was then opened. Gordon Maxwell, member of the Planning Commission, stated that the procedure by which a man gets a hearing on a proposed rezone:, was the topic, not the zoning itself. He added that there was merit in the applicant's making some intent to notify the property owners concerned. Attorney Curt Thomson added that it was the general concept of due process, and reversal of the recommended denial would make it nearly impossible for some people to apply for a rezone. Following further discussion, it was moved by Councilman Slye, seconded by Councilman Nelson to uphold the recommendation for denial -in Planning'Commis- sion Resolution 361, and the motion carried. It was then moved by Councilman Tuson, seconded by Councilman Haines that the Planning Commission review the procedures on notification of property owners in rezone matters. Motion carried. LETTER OF INTENT FOR ANNEXATION Attorney Curt Thomson presented a notice of intent to commence annexation pro- • ceedings, (with the required 10% signatures) of an area described as Lots 16, 17918,199 & 20, R. C. Munger Addition No. 3 and Tract 11, Block 79 Alderwood Manor No. 9, except the north 420 feet thereof. He explained that the major- ity of the area requesting annexation was owned by a small corporation, Don - Lee, Inc., who planned to build several homes, and they would prefer to build with city sewers rather than septic tanks. Attorney Thomson seemed certain that he would be able to obtain the necessary 75% signatures on the petition. Mayor Harrison recommended that council give approval of this letter of intent. Following several council questions regarding water, sewer, drainage, and city services to the area, a motion was made by Councilman Nordquist, seconded by Councilman Slye that the city (1) accept the proposed annexation, (2) that all property within the territory hereby sought to be annexed shall be assessed and taxed at the same rate and on the same basis as property within the City of Edmonds for any now outstanding indebtedness of said city, including assess- ments or taxes in payment of any bonds issued or debts contracted, prior to or existing at the date of annexation, and (3) that simultaneous adoption of pro- posed zoning regulations be required. Motion carried. RESOLUTION AUTHORIZING APPLICATION TO HUD FOR GRANT FOR ACQUISITION OF WATERFRONT PROPERTY As instructed by council, the Attorney presented a proposed resolution to authorize application to HUD for a neighborhood Facilities Grant, for acqui- sition and development of the property on'the waterfront where the Senior Center is located. A motion was made by Councilman Nordquist, seconded by . Councilman Kincaid that proposed Resolution 244 be passed, and the motion carried. SECOND READING: PROPOSED ORDINANCE ON SIDEWALK OBSTRUCTION • Second reading was held on the proposed ordinance certain acts of erection or maintenance of obstructions to the use of sidewalks, streets and intersections. City Engineer Leif Larson briefed council -as to the prevention of interference with the safety of pedestrians, and City Attorney James Murphy reviewed the proposed ordinance for council clarification. It was then moved by Councilman Kincaid, seconded by Councilman Nordquist that proposed Ordinance #1571 be passed. Motion carried. _ORDINANCE AMENDING #1568, EXEMPTING SINGLE FAMILY DWELLINGS FROM THE REQUIREMENTS THEREIN A proposed ordinance was presented, amending Section 10.10.030 of Ordinance Number 1568 to exempt single family dwellings from the requirements of in- stallation of Fire hydrants. and mains as required by Chapter 10.10 of the Edmonds City Code. Councilman Tuson made the motion, seconded by Councilman Slye that proposed Ordinance #1572 be passed, and the motion carried. PRESENTATION OF PETITION FOR VACATION OF PORTION OF ANDOVER STREET A petition had been presented for vacation of a portion of Andover Street. The City Clerk, following checking of the signatures on the petition, submitted 1 1 • a certificate of sufficiency and validity. It was therefore moved by Council- man Slye, seconded by Councilman Nelson that proposed Resolution 245 be passed, betting a hearing on the petition for vacation for October 19. Motion carried. AUDIENCE PARTICIPATION Natalie Shippen council to consider planting strips on sidewalks when they are improved. This matter was discussed briefly. COUNCIL PARTICIPATION Councilman Nelson stated that a vote of thanks should be given to Assistant Fire Chief Bud Klein for his participation in the work for consolidated com- munications with the Southwest Snohomish County Public Safety Communications Agency. He reported that the agreement for getting started would cost the City of Edmonds approximately $800.00. Gordon Maxwell, in the audience, re- marked that he did not object to consolidated.communications, but felt that a vote of the people.should be obtained before considering'any consolidation of services. A motion was made by Councilman Nelson, sec onded by Councilman Slye that the City of Edmonds, by resolution authorize and adopt involvement in the Southwest Snohomish County Public Safety Communications Agency. Motion carried. Councilman Nelson then moved, seconded by Councilman Slye that the City of Edmonds pay the amount of $800.00 by October 1 to the Southwest Sno- homish County Public Safety Communications Agency as tie prorated share of getting started with this system. Motion carried. • councilman Nordquist questioned the utilization of the city's IBM computer, and Acting Finance Director Allen Tuttle gave a report on proceedings to this point, adding that he would be submitting a full report to the council in the near future. Councilman Kincaid stated that he had knowledge of a rumor being spread that if a change were made in the Mayor's office, the new Mayor would appoint Al Kincaid as CAO. He said that this was very flattering, but (1) he did not feel he was qualified; (2) he did not file for re-election to council because he wants less responsibility, not more; and (3) the rumor was started as a political ploy, and he did not appreciate it. He added that he would not be CAO under any circumstances. Councilman Tuson then stated that if he should be elected Mayor, he wished to make it a matter of record that he had no committments to anyone. Councilman Haines brought up the question on changing of manning of the fire stations, and suggested that the budget should take notice of this if the changes are to be made. This will be further discussed at a council work session. CAO Lawson stated that it would be a joint effort on budget, and council input should be taking place<<,during the month of October during their work meetings. CAO REPORT 'CAO Lawson reported on the proposed improvement on 68th for a fire road giving the Lynnwood station improved access to north Edmonds areas, and suggested action be taken to furnish $1250. worth of work, equipment, etc. for the pro- ject. The County will supply the asphalt. It was moved by Councilman Haines, seconded by Councilman Nordquist to authorize the City of Edmonds' participa- tion of up to a $1250. value on this improvement. Motion carried. The CAO then brought to council attention the request of Union Oil Co. for an agreement in the form of a two year lease for the city to use the Union -Oil property off Dayton Street at a yearly rental rate of $250.00 payable annually in advance, which would be the approximate amount of taxes on the 12 acres. Discussion followed, and it was then moved by Councilman Tuson, seconded by Councilman Slye to authorize.the Mayor to execute the agreement with Union Oil Co. for lease of the property. Motion carried with Councilman Kincaid voting against. SET HEARING DATES FOR PLANNING COMMISSION RESOLUTIONS Planning Commissions Resolution 362, recommending of a proposed amendment to the zoning ordinance revoking the Planned Residential Development provisions Was presented to council for consideration. It was moved by Councilman Kincaid, seconded by Councilman Slye to uphold the denial of the Planning Commission in accordance with their recommendation in Resolution 362. Motion carried with Councilman Tuson voting against. Two additional Planning Commission Resolutions were presented for setting of hearing dates: Resolution 363, recommending approval of a proposed official street map amendment, correcting the locating of 174th St. S.W. between 77th Ave. W. and Olympic View Drive; and Resolution 364, recommending approval of an • 200 amendment to the zoning ordinance, revising sign regulations of the neighbor- hood business zone. With recommendation from the City Planner as to the date for hearings, a motion was made by Councilman Nelson, seconded by Councilman Nordquist that October 5 be set as the hearing date for Planning Commission Resolutions 363 and 364. Motion carried. CLAIMS FOR DAMAGES The City Clerk presented the following claims for damages, noting that all but one were claims against contractors on the various projects within the city: Donald B. Chelin, Robert & Arlene Suryan, Rodney R. Garretson, Wade V. & LeAnn A. Reece, Thomas Knightly,\and Mildred R. Dawson. These were all acknowledged and referred to the City Clerk for processing. SWIMMING POOL COVER BOND ISSUE Rod Garretson, Director -of Parks & Recreation, reported on the recommendation of the Park Board and Swimming Pool Committee in regard to the proposed cover for the municipal swimming pool to be built at Yost Park.. Their recommendation was for a bond issue of $295,000.00. Director Garretson explained that a lesser amount would put a cover on the pool, but with one diving board instead of two, no built-in bleachers, elimination of the tile, etc. There was a great deal of discussion on costs and structure, and following'this, it was moved by Councilman Kincaid to authorize placing the amount of $225,000.00 for the pool cover in the proposed ordinance,#1573, for the bond issue to be on the Novem- ber ballot. This motion died for lack of a second. It was then moved by Councilman Tuson, seconded by Councilman Nelson that pro- • posed Ordinance #1573 be passed, with the figure of $295,000.00 inserted as the amount for the bond issue in November. A roll call vote showed four councilmen voting in favor; Slye and Kincaid against, and the motion carried. EMERGENCY EMPLOYMENT ACT"' CAO Lawson reported that the City of Edmonds had an excellent change of ob- taining the fourteen new employees requested under this E.E.A. system. PAYMENT RECEIVED FROM MOUNTLAKE TERRACE ON SEWER AGREEMENT Mayor Harrison advised council that a check in the amount of $259000 had been received from Mountlake Terrace -as payment owed to July 22, 1971 on the sewer agreement. FIRST READING OF ORDINANCES First reading was held on a proposed parking ordinance for Edmonds Senior High vicinity, and a proposed tow truck ordinance. There was no further business, and the meeting adjourned at 11:30 P.M. U Irene Varney Mora , City Clerk September 21, 1971 ROLL CALL t Harve H. Harrison, Mayor Regular meeting was called to order by Mayor Harve Harrison with all six councilmen present. APPROVAL OF MINUTES Minutes of the recessed meeting of September 14 had been posted and distribu- ted, and with no omissions nor corrections, they were approved as written. HEARING: FINAL ASSESSMENT ROLL - LID #192 Hearing was held on the final assessment roll for LID #182, paving of 84th W. between 212th and the south city limits. City Engineer Leif Larson:;,gave a brief report on' the completed -project, and a comparison of the preliminary and final estimates. He noted that this project . went smoothly with no complaints from the property owners. Hearing was opened, but no one in the audience wished to comment, and the hearing was declared closed. It was moved by Councilman Slye, seconded by Councilman Nordquist that pro- posed Ordinance #1574 be passed, approving and confirming the final assess- ment roll for LID #182, and the motion carried. J 1 0 RESOLUTION AUTHORIZING CITY OF EDMONDS.PARTICIPATION IN SW.SNOHOMISH COUNTY PUBLIC SAFETY COMMUNICATIONS AGENCY • 1 • 1 �I The City Attorney had been instructed.at the last council -meeting to prepare a resolution authorizing the City of Edmonds' involvement in the Southwest Snohomish County Public Safety Communications Agency. This was presented, and a motion was made by Councilman Nordquist, seconded by Councilman Nelson that proposed Resolution #246 beypassed. Motion carried. PARKING ORDINANCE FOR SENIOR HIGH SCHOOL VICINITY Second reading was held on a proposed ordinance to limit parking along the street at the Edmonds Senior High School. Police Chief Foster was questioned by Councilmen and explained that there was a need to control parking during school hours; that this had been initiated by the school, and although it was basically a school problem, the City Police Department wished to cooperate with enactment of an ordinance regulating the parking on portions of 212th and 76th during school hours. It was therefore moved by Councilman Nordquist, seconded'by Councilman Nelson that proposed Ordinance #1575 be passed, and the motion carried. TOW TRUCK ORDINANCE Second reading was held on a proposed ordinance regulating the operation of tow trucks in the City of Edmonds. Chief Foster explained the need for standards to control these operations, and there was a great deal of council discussion. Dick Dickson, Chairman of the Planning Commission, stated that he had been a tow truck operator while working his way through the University of Iowa, and he found it to be a "dog eat dog" business. fie added that con- ditions improved immensely when regulations were established to control the operation. Following further discussion, it was moved by Councilman Haines, seconded by Councilman Kincaid that proposed.Ordinance #1576 be passed after insertion of the word "customarily" under e (2) of Section 4.10.010. Motion carried. AUDITING OF BILLS A motion was made by Councilman Kincaid, seconded by Councilman Tuson that vouchers #13478 through #13662 in the total amount of $367,618.60 be approved for payment of the regular monthly bills. Motion carried. It was moved by Councilman Kincaid, seconded by Councilman Nordquist that the following bills be authorized for payment from the 1970 Water -Sewer Revenue Bond issue: , #29 - $20,498.15 to A. H. Powers, Inc; #30 - $88,028.81 to Will Construction Co., Inc.; #31 - $2,233.46 to Universal Utility Contractors, Inc. & Seattle First National Bank; #32 - $21,217.87 to Universal Utility Contractors, Inc., #33 - $4,401.44 to Will Construction Company, Inc. & American National Bank; #34 - $1,833.23 to Bay Construction, Inc.; #35 - $17,417.70 to Bay Construc- tion, Inc.; #36 - $4�718.81 to Coulee.Construction Co.; and #37 - $808.70 to Reid, Middleton & Associates, Inc. Motion carried. Councilman Kincaid moved, seconded by Councilman Tuson that the following LID bills be approved for payment: LID #172 - $58.65 to Daily Journal of Commerce; $13.30 to Edmonds Tribune Review; and $5,526.78 to Reid, Middleton & Associates, Inc.; LID #181 - $9.70 to Edmonds Tribune Review; $100.00 to U.S. Post Office; LID #182 - $300.06 to James A. Murphy; $735.00 to Reid, Middleton & Associ- ates, Inc.; and the City Clerk be authorized to issue an interest bearing warrant to Edmonds City Treasurer in the amount of $1035.00 to cover these, bills. Motion --carried. AUDIENCE PARTICIPATION Mrs. William Allen, 21712 - 85th P1. W., complained to council about a building on her neighbor's property that has rent paying tenants in violation of the zoning ordinance. She stated that a building permit had been taken out in 1968 by Mr. & Mrs. Ralph Wilson, 21010 - 80th P1. W., and the neighbors were told this would be a workshop and/or guest house. However, the building was never finished and has become an eyesore. Mr. Danner, also a neighbor, told council that this building is behind his property, and he was also told in 1968 by Mr. Wilson that it was to be a one story workshop, but it became a two story building. The neighbors were appearing before council tonight be- cause so far, the only action taken by the City in answer to their complaints was that two letters were written from the Planning Dept. stating that occu- pancy of the building after September 1 would be in violation of the City zoning ordinace. However, the building is.still being used by the tenants, with the use of a septic tank and city water. is r 2 0 2 • Councilman Haines stated that the City has ordinances and they should be en- forced. He suggested that the Mayor and CAO look into this problem. CAO Lawson answered that he would handle the problem. Councilman Nelson asked for a report from the CAO to the council at the next regular meeting on October 5. COUNCIL PARTICIPATION Councilman Haines asked the City Attorney to read the section of RCW pertain- ing to the replacement of a vacancy on the city council. City Attorney com- plied, and it,was noted that if 'council did not decide on a replacement at A this council meeting, the 30 day period would expire, giving the Mayor power to appoint. Councilman Nordquist.then petitioned Mayor Harrison to waive the right to make the selection.following the expiration of the 30 days, and the Mayor agreed to do this. Councilman Nelson said that he did not at this time wish to either select by nomination nor vote on any nomination. Following discussion, Councilman Tuson advised the council of the qualifica- tions of Mr. Max Gellert, 8525 Talbot Road. He then made a motion, seconded by Councilman Slye that Max Gellert be placed in nomination for councilman to complete the unexpired term of Gordon Sanborn. Councilman Nordquist said he felt there was no hurry, and the council could discuss all potential candi- dates; that he had several people in mind to suggest for the position and he ,,wanted to consider and do some research. City Attorney Murphy reminded the councilmen that it would take four affirmative votes in order to carry the motion now on the floor, nominating Max Gellert for the vacant council seat. Councilman Haines asked the Attorney if a secret ballot was allowed, and the Attorney answered that they certainly could vote that way if they so desired, • with the ballots then counted by the CAO, City Attorney, City Clerk, and two members of the Press who were present in the audience. It was moved by Councilman Haines, seconded by Councilman Nordquist that nominations be closed. Motion carried. Ballots were then marked and collected, and follow- ing counting by the C?A09 Attorney, City Clerk, Marie Botnen from the Edmonds Tribune Review and Jim Haley from the Western Sun, the vote was four council- men in favor, two abstaining, and the motion to place Max Gellert in the vacant council position carried. Councilman Haines then moved, seconded by Councilman Tuson that the vote for Max Gellert as the new member of the Edmonds City Council be made unanimous. This motion also carried. CAO REPORT CAO D. C. Lawson reported that all 16 requesats from the City of Edmonds under the emergency Employment Act had been forwarded to the Federal Government, indicating that the City would probably stand an excellent'�chance to get all the employees requested. The CAO also reported on the finances of the City of Edmonds; that (1) the income expected for 1971 is progressing in line with expectations, and (2) there is no reason_to see a decrease in the income for 1972. He.said he submitted.this to the council for their own peace of mind after having read in the newspaper of the problems related to a decrease in the 1972 finances of a neighboring city. FINAL PLAT OF BELT ADDITION #9 City Engineer Leif Larson submitted the final plat of Belt Addition #9, recommending approval. After studying the drawings, it was moved by Council- • man Slye, seconded by Councilman Nelson that the final plat of Belt Addition #9 be approved and accepted and the Mayor be authorized to sign it. Motion carried. REPORT ON BIDS - STORM SEWERS Bids had been opened on September 20 at 2:00 P.M. in the Council Chambers for storm sewers on Maple from 5th to 6th, 6th from Maple to Alder, and on Alder from 6th to 7th. Present at bid opening were Leif Larson, City Engineer; Irene Varney Moran, City Clerk; Richard Allen, Assistant City Engineer; Forrest Roff, Engineer for Reid, Middleton & Associates, Inc.; and several representaa' tives from bidding companies. The bids were: Universal Utility Contractors, Inc. $17,477.00 60 days Shaffer Construction & Engineering 17,751.00 30 days Day & Nite Plumbing & Heating 19,930.10 30 days Roth Excavation 23,810.10 30 days Olympic View Plumbing 24,714.00 60 days Roy L. Shong Excavating 26,985.00 30 days Harold Kaeser Co. 27,465.40 30 days T & E Construction 27,716.40 30 days VJM Construction 28,833.90 35 days Reliable Construction Co. 31,783.00' 30 days • • 203 1 L] • 1 u 1 7 City Engineer Leif Larson reported on these bids and recommended awarding the contract to the low bidder, who had verbally indicated that they could do the work in 30 days. It was moved by Councilman Tuson, seconded by Councilman Slye that the bid from Universal Utility Contractor, Inc. in the amount of $17,477.00 be accepted, and the Mayor be authorized to enter into contract with them for the storm sewers, providing that the 30 day completion date is included in the contract. Potion carried. RESOLUTION AUTHORIZING APPLICATION FOR FUNDING ASSISTANCE FOR SUNSET BEACH Whereas the Snohomish County City Matching Fund for Parks & Recreation has a balance of $14,955.23 available for matching funds for the City. of Edmonds to complete the Sunset Beach project, a motion was made by Councilman Tuson, seconded by Councilman Nelson that proposed Resolution #247 be passed, auth- orizing application for funding assistance to the Snomish County City Matching Fund for Parks and Recreation for the Sunset Beach development. Motion carried. There was no further business to come before council, and the meeting was adjourned at 10:50 P.M. PJ 11,0�zev Irene Varney Mo , City Clerk October 5, 1971 ROLL CALL 7ygl/a �,Ld� Harve H. Harrison, Mayor The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present except Nordquist. APPROVAL OF MINUTES Minutes of the meeting of September 21 had been posted and mailed, and with no omissions nor corrections, they were approved as written. OATH OF OFFICE - COUNCILMAN MAX GELLERT Mayor Harrison administered the oath of office to newly appointed councilman, Max Gellert. ORDINANCE LEVYING TAXES FOR 1972 CAO D. C. Lawson briefed council on the proposed tax levy for the City of Edmonds for 1972. He stated that it would be on the same basis as in past years, with the 8 allowed mills, plus .6158 mills for Civic Center and Fire Station bonds and .5122 for the Park Bond issue, both by vote of the people. A gentleman in the audience asked for the amount of increase in assessed valuation over the previous year, and these figures were given as $87,568,586. for 1971 and $87,917.716. for 1972. No one else wished to comment. A motion was made by Councilman Slye, seconded by Councilman Kincaid that pro- posed Ordinance #1577 be passed, levying the taxes for the City of Edmonds for 1972, and the motion carried. HEARING: ON PLANNING COMMISSION RESOLUTION 363 Hearing was held on Planning Commission Resolution 363, recommending approval of a proposed amendment to the official street map, correcting the location of 174th Street S.W. between 72nd Ave. W. and Olympic View Drive, as described in Planning Commission File ST-5-71. City Planner Merlin Logan stated that this had been initially requested by the City Engineering Dept. to rectify serious mistakes in development due to lack of adequate surveys when the street was located years ago. During the inter- vening years several homes have been built within the platted right-of-way. Mr. Logan then gave a summary of the Planning Commission hearing. City Engineer Leif Larson posted a map indicating the existing roadbed and the existing R/W. He explained the necessity for amending the official street map to change to a 50' R/W, and the hearing was then opened. Mr. Merle McLaughlin, 6908 - 174th S.W., submitted an alternate drawing of a proposed realignment of the street, and read a letter outlining the problems now existing and suggesting solutions, such as a 30' road width with 20' sur- facing, which he felt would adequately serve the homes and fit the topography of the area. He presented a petition, signed by 8 property owners abutting the existing 174th S.W., asking the council to (1) accept the existing proposal 204 • for the northerly boundary of the existing road as per drawing file number 1.534A; (2) modify the southerly boundary to give a total dedicated width of the existing road to a maximum dedication of 30 feet;'(3) give quit claim deeds to the following owners of homes now in the dedicated but undeveloped road R/W: Edwin J. and Jane Orner, Vernon L. and Madeline E. MacDonald, and Clifford R. and Betty L. Hinton; (4) all remaining portions of the dedicated road R/W to be returned by quit claim deed to property owners on the southerly boundard of the existing road. (Original donations of property of the dedica- ted road R/W was part of the property owned by the southerly boundary of the existing road as shown by deeds.) Mr. Gogert, in the audience, asked if Mr. McLaughlin would sign for a local improvement district to put in the road he was suggesting. Mr. McLaughlin answered that he had no objection to the LID. Mr. Gogert replied that he was interested in a permanent road there. Councilman Haines felt council could deviate from city standards in this par- ticular case and accept the lesser R/W. Councilman Tuson said he didn't feel it necessary for the full 50' RN on this road. Councilmah Kincaid stated he had driven through the area and also felt an exception should be given here; however, it would be highly desirable for enough width to allow two buses to pass safely, and he would prefer that at least 22' of roadway.,be surfaced. Mr. McLaughlin answered that he had no objection to a 22' road. Jim Murphy, 6802 174th S.W., wanted passage for two school buses plus walkway for children. He was concerned with the safety of walkers on the street, especially at one par- ticular point where a fence is in the'way, preventing jumping out of the way of an oncoming car, and he would like to find a way to either remove or move this fence. Mr. Peil, 6728 - 174th, noted the bad situation at the entrace to his property because of the steep slope, Councilman Slye, speaking on the R/W width, noted that 30 years ago the R/W on 9th Avenue North to Casper was varied, and attempts for an LID on 9th posed many problems as a result. Councilman Nelson stated that he would like more slope easement information from the City Engineer. No one else wished to comment, and the hearing was closed. Following some further discussion by council, it was moved by Councilman Haines, seconded by Councilman Kincaid that the City accept the 30' R/W and instruct the Engineer to work with the people in conjunction with the drawing they pre- sented tonight, with possible walkways included at least on the south side of the road; and direct the City Engineer to prepare an Engineer's plat elimin- ating many quit claim deeds and continue this hearing to December 21 so as to give time for approval of the Engineers plat, including signatures of city officials and property owners. Motion carried. HEARING: ON PLANNING COMMISSION RESOLUTION 364 Hearing was held on Planning Commission Resolution 364, recommending approval of a proposed amendment to the official zoning ordinance, revising sect. 12.13.160, permitted signs, in accordance with Planning Commission File ZO-8-71. City Planner Merlin Logan explained that adoption of this amendment would pro- vide for a more equitable basis, making neighborhood.business signs compatible with the downtown business sign regulations. He added that sign size should be in direct ratio to building size, and he had initiated this proposed amend- ment. Mr. Logan then summarized the Planning Commission hearing wherein there had been no public comment against the proposal. He reviewed for council the suggested points for amendment. Councilman Kincaid felt that special cases should be considered, such as allowing banners for a period of perhaps 3 days for a grand opening of a busi- ness. Mrs. Cunningham, in the audience, stated she was surrounded by neigh- borhood businesses and the Richfield station banners not only made quite a noise in the wind, but blew down into the yards` in the vicinity. Discussion touched on sandwich boards or portable signs and the *obstructir2g of traffic. Some members of the council felt pole signs were preferable.to ground signs because of less clutter and obstruction. Following much discussion, it was moved by Councilman Slye, seconded by Councilman Kincaid that this hearing be continued to the next regular council meeting on October 19. Motion carried. OFFICIAL CANVASS OF PRIMARY ELECTION The City Clerk reported she had received the official canvass of the primary election held on Tuesday, September 21, 1971. The grand total of votes cast, including 36 absentees, was 2,621. Results were as follows: MAYOR Thomas D. Dinwiddie 442 Donald S. Tuson 846 Harve Harrison 1293 1 1 • 1 • I- I COUNCILMAN POSITION 1 0 ` -0 0 • 1 1 Richard Dickson 9.58 John (Jack) Winters 1308 COUNCILMAN POSITION 2 Evelyn (Lynn) M. Dimmick.. 593 Pete T. Scobby 670 Natalie Shippen 1177 COUNCILMAN POSITION 3 Philip G. Averill 372 John H. Nordquist 1170 Richard Slye 818 COUNCILMAN POSITION 4 Gary A. Nelson 1019 AUDIENCE PARTICIPATION Norma Bruns, 816 Walnut, criticized the manner in which council made appoint- ments to fill a vacancy, and felt that the city should publicize vacancies so that residents might participate by submitting applications or suggesting candidates for the office. COUNCIL PARTICIPATION • Councilman Haines reported that the fire road off Olympic View Drive had been completed and it was a cooperative accomplishment with the county, Edmonds and Lynnwood participating. He suggested that the Mayor write a letter to these governmental units thanking them for their cooperation on this project. CAn REPORT Chief Administrative Officer D.C. Lawson also reported on the completion of the fire road by the combined efforts of the county, Lynnwood, and City of Edmonds. He stated that the City of Edmonds' contribution in Labor and material had amounted to $1,150.00. A report from the City Engineer advised that the sewer agreement with Mount- lake Terrace had been signed. CAO Lawson reported on the complaint from Mr. & Mrs. Danner regarding their neighbors who are renting an unfinished guest house on their property in a single family zoned area. Harry Whitcutt, Edmonds Building Official, told council that the building permit was in order, but since the siding had never been finished, they were now in violation and this would have to be completed. He added, however, that the basic building requirements had been met. City Planner Logan stated that he had written a letter to the owners of this build- ing, telling them of the suspected rental. Ron Whaley, Director of Maintenance and Operation, had written a memo to the CAO stating that visually there was no sewage escapement to suggest drainfield failure and resulting health hazard. Mr. Danner, in the audience, asked just what constituted a guest? The owners, who live in Idaho, have rented their home and also take rental payment from • the person staying in the guesthouse, whom they probably wouldn't recognize if they passed on the street. He added that the structure has a stove and a re- frigerator, ,so what is a guest and what isn't? CAO Lawson answered that he appreciated the problems of the neighbors who complained, but he asked City Attorney James Murphy to review the legal aspects. Attorney Murphy agreed that a person can be allowed to stay in a guesthouse on the premises with no rent involved, as long as there are no kitchen facilities. There is no ordi- nance that says that a guest has to either be a relative or even a guest of the primary owner of the main house on the premises. Therefore, there is no violation of the zoning ordinance in this instance. CAO Lawson said he would suggest placing this matter in the hands of the Board of Adjustment. Councilman Haines asked if some steps would be taken to see that this matter is cleared up? He was assured that the owners of the property in question would be notified to complete the building and remove any kitchen facilities. It was then moved by Councilman Kincaid, seconded by Councilman Haines that the Administration see that this particular situation fully complies with.the ordinance as it now exists, and that council consider the ordinance in the future to see if they wish to make any change by amendment. Motion carried. This will be taken to a council work meeting for discussion. FINAL PLAT OF CHERRY HILL City Planner Merlin Logan presented the final plat of Cherry Hill. After examining the drawings, a motion was made by Councilman Haines, seconded by Councilman Nelson that the final plat of Cherry Hill be approved and accepted by the City. Motion carried. CLAIMS FOR DAMAGES • Claims for damages were acknowledged from Jack and Patricia Palo and from Ray and Delores Jenkins. These were referred to the City Clerk for processing. PROPOSED ORDINANCE TO ENFORCE DISCONTINUANCE OF ILLEGAL CONNECTION TO SEWERS Ron Whaley, Director of Maintenance and Operation, explained his request for a proposed ordinance to enforce :discontinuance of illegal connections to sanitary sewers. He stated that the pumping gauges show definite flow jumps on rainy days, proving that drainage water is in the sewerage system. A report from Reid, Middleton & Associates, Inc. also showed definite effects of rain on the flows entering the sewer system. Investigation has shown storm drainage is not only from city right-of-way, but at least 80 different sites connected to sewer with downspouts, drains, etc. Following some discussion, Councilman Kincaid made a motion, seconded by Councilman Gellert that the City Attorney be instructed to prepare an ordinance to prohibit connections of storm drainage water to the city sanitary sewer system by both the city and private properties. Motion carried. APPOINTMENT OF ABATEMENT COMMITTEE At the request of the Building Official, Mayor Harrison read a proposed list including the Fire Chief, Police Chief; City Attorney, Building Official and one member of the City Council as members of the Abatement Committee. It was moved by Councilman Slye, seconded by Councilman Nelson that the Abatement Committee include the Building Official, Fire Chief, Police Chief, City Attorney, and one City Councilman as an ex-officio member. Motion carried. SET DATE FOR INFORMAL PUBLIC HEARING ON SIDEWALK IMPROVEMENT It was moved by Councilman'Kincaid, seconded by Councilman Nelson that Nov. 16 be set as the date for an informal public hearing on sidewalk improvement. Motion carried. FIRST READING: PROPOSED ORDINANCE PROHIBITING UNAUTHORIZED MOORAGE First reading was held on a proposed ordinance prohibiting unauthorized moorage. There was no further business, and the meeting adjourned at 11:20 P.M. Irene Varney Mor , City Clerk October 19, 1971 ROLL CALL Harve H. liarrison, Mayor The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present except Nordquist, iiho arrived during the first hearing, on vacation of Andover Street. APPROVAL OF MINUTES Minutes of the meeting of October 5 had been posted and mailed. Councilman Haines asked if all the comments made by Mrs. Norma Bruns under Audience Parti- cipation could be included in the minutes. Mrs. Bruns had further stated that she meant nothing personal against Councilman Gellert, but that she objected to the manner in which the council had appointed someone to fill the vacant seat; that more time should be taken on this matter; that it makes citizens feel that they have nothing to say about their government if they cannot par- ticipate. When a vacancy exists, it should be publicized so that groups or individuals can either submit applications for consideration or make suggestions for candidates for the offiteY Councilman Nelson noted that his total vote polled in the Primary election seemed to be incorrectly stated, and it was later found that there was a mis- take in addition on the official canvass received from the county, from which the totals were copied. Councilman Nelson's correct total was 2019 votes. There being no further additions nor omissions, the minutes stood approved as corrected. HEARING: ON PETITION FOR VACATION OF PORTIONS OF ANDOVER STREET Hearing was held on Resolution 245, petition for vacation of portions of Andover Street. City Engineer Leif Larson briefed council on the request for the easterly 10' and westerly 10' of the 80' R/W of Andover Street from Olympic View Drive southerly to a point 570 feet north of 184th SW. 1 �J I- 0 1 I- 41 • 2-07. 1 fl • 1 • 1 Hearing was opened. Mr. Coomer, who initiated the vacation request, said he hoped the existing easements would.=�be projected to the new R/W if this goes through. City Attorney Murphy answered that whatever was there before would remain in regard to easements, and the city would retain its utility ease- ments. Gabrielle Struck, 18000 Andover Road, asked a question.on the record- ing of this vacation, and the City Attorney assured her that the City Clerk would have the instrument duly recorded .at the Snohomish County Courthouse, as was the usual procedure in these matters. Mr. Coomer was concerned about his' right to get to the street via his easement after the vacation. There were no further comments from the audience, and the hearing was closed. A motion was made by Councilman Nelson, seconded:by Councilman Tuson that proposed Ordinance #1578 be passed, vacating portions of Andover Street, and the motion carried. HEARING: ON PLANNING COMMISSION RESOLUTION 364 Hearing had been continued from October 5 on Planning Commission Resolution 364, recommending approval of a proposed amendment to the official zoning ordinance, revising section 12.13.160, permitted signs, under File ZO-8-71. City Planner Merlin Logan briefly discussed the Planning Commission recom- mendations and then with the suggestion that pole signs be allowed for a period of ten years from date of ordinance, he summarized for council: (1) that the size of ground signs not exceed 75 square feet; U) regulate window signs so as not to exceed-25% of the total window area on eachAfron- tage; (3) the height of pole signs not to exceed 25' from ground level or base of sign; and (4) distance in spacing between pole signs be a minimum of 100' with minimum setback 10' from the public R/W. Mayor Harrison noted that the council would probably postpone this matter for further study, but that the hearing would nevertheless be held. Hearing was therefore opened. Mrs. Cunningham, 1030 Grandview, gave each councilman a copy of an article from Puget Soundings regarding signs and sign pollution. She said she was thinking of neighborhood business zones and drive around looking at them; that there were signs all over Edmonds and she saw so many while consciously look- ing for them that she realized she had never really noticed some of them, even though they had been there right along. She supported Mr. Logan's suggestions for BN sign regulations. Mr. Peterson, representing Albertson's, said he would like pole signs to be included in Paragraph 3 "Projection and locations". The Mayor replied that this addition would probably be made by the council. Tom Berry, representing the sign business, asked if elimination of pole signs in Paragraph 3 had been intentional in the Planning Commission Resolution, and what plans were for existing pole signs. He was answered that pole signs were covered in the Resolution under Section 12.15.130 (C), calling for a 10 year period from date of ordinance for non -conforming pole signs, if properly re- paired and maintained. Mr. Berry admitted that there are so many signs that some are never read, but if a person is looking for a certain business, the sign becomes important. He added that all businesses, new or old, should be allowed to have a pole sign for as long as the 10 year period from the time of passage of the proposed ordinance, so that if erected two years after the ordinance, for example, it would be allowed for 8 more years. Councilman Gellert asked Mr. Berry how he would feel about the absence of pole signs after the 10 years? Mr. -..Berry answered that he agreed with this, but as long as signs were off the street and did not obstruct traffic, he thought they should be allowed. He said that pole signs either deteriorate or become ob- solete within 10 years. He added that prospective business people check into the sign ordinance before locating in Edmonds., Natalie Shippen, in reference to pole signs in BN zones, felt that they cater to the passing motorist rather than to the people in the areas who trade there. She named several types of signs and kinds of stores and businesses in the BN areas of the city and thought if they have to have signs, one pole sign with a listing of all the businesses located in that particular shopping center would be preferable to a large sign for each business. She said she couldn't be- lieve that every gas station needed as many signs as they have. Mrs. Shippen added that the Planning Commission resolution was designed to serve the resi- dential areas. A gentleman who has a service station stated he plans to put one sign on the corner to serve the two streets, feeling that this is an attempt to improve the image of gas stations on corners.. Mr. Cunningham said he felt good taste was reflected in signs. He cited the example of a student stamping his feet in school to get attention, whereas it's much better to merely raise his hand. Captain Shields said he thought the council wanted to encourage business in the city, and now they aredefi- nitely anti -business with the restrictions they place on these businesses. Pete Scobby asked if the proposed ordinance would effect the Edmonds High School sign. One gentleman noted that there were many campaign signs around town lately, and how effective did council feel they were? City Planner Logan said that in regard to building permits issued in Edmonds, the sign is usually the last thing the businessman thinks of, and the proposed ordinance does not penalize. He offered Aurora Village as an example of re- • 20S • strictive sign regulations, and felt that instead of competing with signs, businesses should compete with better merchandise. No one else wished to offer comment, and the hearing was closed. Councilman Nelson said he liked the idea that Mr. Berry suggested, to allow pole signs for 10 years from date of the ordinance, regardless when erected; that merchants need signs to seek business from people passing through, but they should be in good taste. In order to take all these suggestions under consideration, Councilman Nelson moved, seconded by Councilman Haines that the hearing be continued to the meeting of November 2, and the motion carried. Councilman Nordquist suggested that the local merchants be invited to come to the next council work meeting to discuss their ideas with the council. Capt. Shields mentioned that he felt some hedges and other obstructions of that type were more dangerous than some signs. SECOND READING: PROPOSED ORDINANCE PROHIBITING UNAUTHORIZED MOORAGE Second reading was held on a proposed ordinance to prohibit unauthorized moorage. Attorney Richard Cole spoke in reference to this proposal, feeling that in order to adequately deal with the problems of individuals on the docks without permission and who will not cooperate, it was necessary to obtain power to police the docks, and this proposed ordinance was the answer. It was moved by Councilman Nordquist, seconded by Councilman Kincaid that pro- posed Ordinance #1579 be pd9sed, dealing with unauthorized moorage, etc., and the motion carried. PROPOSED ORDINANCE PROHIBITING CONNECTIONS OF STORM DRAINAGE WATER TO CITY SEWER SYSTEM First reading was held on a proposed ordinance prohibiting connections of storm drainage water to the city of Edmonds sewer system. POSTPONEMENT OF RETIREMENT DATE OF CAO LAWSON A motion was made by Councilman Nordquist,seconded by Councilman Nelson that council approve postponement of the retirement date of CAO D. C. Lawson to January 31, 1972. Motion carried unanimously. REAPPOINTMENTS TO PARK BOARD Mayor Harrison made the reappointments of Keith LaBelle and Tony Koenig to the Park and Recreation Advisory Board, and it was moved by Councilman Nelson, seconded by Councilman Tuson that the Mayor's reappointments of Keith LaBelle and Tony Koenig to the Board be confirmed. Motion carried. PERMANENT APPOINTMENT OF FINANCE DIRECTOR In regard to appointment of a Finance Director, Councilman Kincaid felt that perhaps council should withhold any permanent appointment until after a new CAO is selected, since he may have different ideas on functions within the city framework, and he suggested referring this matter to the next council work meeting in order to consider these points. A motion was made by Council- man Haines, seconded by Councilman Gellert to table this item and discuss it at the next council work meeting. Motion carried. PERMISSION TO DISPOSE OF SURPLUS CITY VEHICLES Ron Whaley, Director of Maintenance and Operation, read a list of vehicles and equipment which he felt should be disposed of, and quoted the recommended value of each: 1957 Chev 1z Ton Cab & Chassis, Unit 12 - $150.00 21-2 Yd. dump box with hydraulic cylinders & pump - $50.00 1957 Chevy 1h Ton Pickup, shor box, Unit 7 - $250.00 1962 Chevy 2 Ton dumptruck, V-8, 4 speed transmission, Unit 27 - $900.00 2 Winch machines with cable - $250.00 each. It was moved by Councilman Haines, seconded by Councilman Nordquist to author- ize sale of the surplus vehicles as listed, using the minimum prices quoted by Mr. Whaley. Motion carried. PAYMENT OF POLICE SERVICES STUDY TO SNOHOMISH COUNTY TREASURER Authorization was requested for payment of $19910.00 to the Snohomish County Treasurer for Police Services -Study, and it was moved by Councilman Tuson, seconded by Councilman Nelson to authorize payment of the $1,910.00 to the Snohomish County Treasurer for the Police Services Study. Motion carried. A motion was made by Councilman Kincaid, seconded by Councilman Nordquist that vouchers 413663 through 413847 in the total amount of $381,252.14 be approved for payment of the regular monthly bills. Motion carried. 1 • • It was moved by Councilman Kincaid, seconded by Councilman Tuson that vouchers #38 through #53 for a total of $182,079.74 be approved for payment from the 1970 Water -Sewer Revenue Bond Issue. Referring to #479 Councilman Nelson • 209 • questioned City Engineer Leif Larson on the payment..to Reid, Middleton & Asso- ciates, Inc. for the outfall sewer extension. He stated he and the Mayor had gone skindiving and found seeping in spots, and wondered if retention should be made on -the payment. City Engineer Larson answered that he had arranged for a mini -sub, at no cost, to take him down to inspect' -:the facility, but he assured council that the work is guaranteed by'bond for one year. Councilman Nelson said he wondered about the design contract and was concerned about giving an O.K. to pay this bill if the city isn't really satisfied with its working at this point. Engineer Larson said he thought the seepage they saw was from the old line, and when asked by Councilman Tuson if he felt the bill to Reid, Middleton & Associates should be paid, he answered that yes, he re- commended payment.. Following this discussion, the motion carried. Councilman Kincaid made the motion, seconded by Councilman Slye that the' following LID bills be approved for payment: LID #164 - $68.21 to Petrolane Liquified Gas Corp; LID #172 - $19,929.38 to T. & E. Construction, Inc. for estimate #1 and $2,214.38 to T. & E. Construction, Inc. & National Bank of Commerce for.deposit of retainage in escrow account; LID #182 - $31.50 to Everett Daily Herald and $18.90 to Edmonds Tribune Review; LID #184 - $33,904.98 to UAB Fund, City of Edmonds Treasurer for participation by LID 184.46in 9th Avenue Street improvements through progress billing #17 Phase I, Casper Street to Edmonds Way; and the City Clerk be authorized to issue an interest bearing warrant in the same amount. to Grande & Co., Inc. to cover this bill. Motion carried. Councilman Gellert, regarding LID 164, stated that the tank at the pump station • on Talbot Road looks very old and rusty and is unsightly. The City Engineer answered that the tank will be painted. AUDIENCE PARTICIPATION Thomas Dinwiddie spoke to council about his feeling that there is a need for protection of the individual from bureaucracy in this day and age, and that there was a need for this in Edmonds. He was therefore requesting that the position of Ombudsman be created, such as that used by European countries, mainly Sweden. He added that lately some U.S. cities have adopted this. He had studied the problem and was now presenting it for acceptance in Edmonds. He suggested that Emergency Employment Act monies be used for funding this office in place of one extra fireman. He stressed the need for insurance of the public against arbitrary acts of the city departments, and feltthere was indication of need in this city. Mr. Dinwiddie specifically mentioned the horse and motorcycle problem in the park area behind his home. Council felt that each city employee, including the elected officials, acts as ombudsmen either individually or as a whol9,and hiring someone for $15,000 or $16,000.. per year for a 6 year period, plus an expense account, would not be wise nor proper use of public funds. It was also felt that if an individual does not receive satisfaction from any city department, he then has the right to come before council with his problem, and that is the American way, with town meeting privileges for every citizen. Mr. Dinwiddie said the Mayor was subject to pressures and so is the CAO, but an Ombudsman is in office for a period of 6 years and can act effectively. Council agreed that the Ombudsman has no particular power other than investigation and publicity, but still felt the cost would be excessive and the old town hall policy is still the best system. No action was taken on the matter. • COUNCIL PARICIPATION Councilman Nordquist said he had driven over 9th Avenue N. today and had a .._. question for City Engineer Larson regarding his concern over the grade, es- pecially in certain places where the slope is pronounced to the properties. Councilman Kincaid reported on a letter received on September 28 regarding city participation in the Snohomish County Comprehensive Health Planning Council. He stated he felt it was a duplication of effort with the Snohomish Health District, and based on the information he had at this time, he recom- mended that the City not participate. Councilman Kincaid then moved, seconded by Councilman Nordquist that the City of Edmonds not participate in the Sno- homish County Comprehensive Health Planning Council at this time, and the motion carried. Councilman Nelson mentioned that he liked the new replacement of the public address system in the council chambers. CAO REPORT In the absense of CAO Lawson, City Engineer Leif Larson reported that in the residential areas where properties are developed, but the alleys are not put through, some property owners are using part of the alley as a yard area. It was a general policy that where the property has developed and part of the alley maintained as a yard, this is allowed on a temporary basis. This matter was referred to a work meeting for discussion. is 2�1 U CLAIMS FOR DAMAGES • Claims for damages were acknowledged from G. John Doces & Doces Enterprises, Inc.; from Dennis & Sandra.Rothaus; and from Dr. & Mrs. Arthur F. Stamey. These were referred to the City Clerk for processing. REQUEST FOR STREET VACATION - 10th AVENUE, SOUTH OF.MAIN A request was received from Howard W. Hartness for vacation of the easterly ten feet of 10th Ave., title of which would revert to Lot 1, Block 39. He stated that this is necessary because of the.existinc house on Lots 3 and 4 encroaching on Lot 2 of the Lots 1 and 2 property, thus giving less than 60' frontage front and rear. City Planner Merlin Logan drew a diagram of the properties concerned on the blackboard for council clarification, and City Engineer Leif Larson recom- mended disapproval. Since Council had previously studied the request, it was moved by Councilman Kincaid,, -seconded by Councilman Gellert to uphold the recommendation of the City Engineer and disapprove the request for vacation. Motion carried. PRELIMINARY PLAT OF ELM VIEW ADDITION The preliminary plat of Elm View Addition, 7.5 acre tract between 7th Ave. and 8th Ave., south of Elm, was presented to council. City Planner Logan showed a drawing of the plat, which had been approved by the Planning Commis- sion. After study and discussion, it was moved by Councilman.Haines, seconded by Councilman Slye to approve the preliminary plat of Elm View Addition, subject to the City Engineer's recommendations. Motion carried. TRAFFIC SIGNAL AT 224th AND HIGHWAY 99 City Engineer Larson reported to council that he was concerned with the inter- section at 224th and Highway 99, recommended a temporary "fixed time" light for an expenditure of :$5000, and this could later be used at 212th after the approval is received for funding for a permanent installation at 224th. Following discussion, it was moved by Councilman Slye, seconded by Councilman Nordquist to authorize the purchase of a traffic signal for 224th and Highway 99 and enlist the financial aid of K-Mart on the project. Councilman Nelson expressed concern with the left turn pattern at 224th off the highway. Motion to purchase the signal carried. There was no further business, and the meeting adjourned at 10:30 P.M. Irene Varney Mo n, City Clerk November 2, 1971 12046I Harve H. Harrison, Mayor Regular meeting of the Edmonds City Council was called to order by'Mayor Harve Harrison with all councilmen present. Mayor Harrison mentioned that regardless of the outcome of today's election, he was sure friendships had been strengthened as a result of the competition. APPROVAL OF MINUTES Minutes of the meeting of October 19 had been posted and mailed. It was noted that under the hearing on Planning Commission Resolution 364, when Pete Scobby asked if the proposed ordinance would effect the Edmonds High School sign, City Planner Logan had answered that it would not, since that was not in a BN zone. Councilman Nelson also stated that under the item on traffic signal at-224th and Highway 99, he had expressed concern not only with the left turn pattern at 224th off the highway, but the subsequent line-up of traffic between 76th and Highway 99. There were no further omissions, and the minutes were approved as corrected. HEARING: (CONTINUED) ON PLANNING COMMISSION RESOLUTION 364 Hearing on Planning Commission Resolution 364 had been continued from October 19, recommending approval of a proposed amendment to the official zoning ordinance, revising Section 12.13.160, Permitted Signs, Planning Commission File ZO-8-71. City Planner Merlin Logan stated that it seemed to be the consensus of council that pole signs in BN zones be retained, and he summarized the council sugges- tions for revisions,based on discussions at the work meetings of October 12th and 26th. Mr. Logan also reported that Mr. Ward Phillips had phoned to express his opinion that services and products bring business, not signs. Councilman Nelson asked how many non -conforming signs there were at present, and Mr. 1 • 1 • 1 F L_ 0 • 211 1 1 • Logan answered that there had been no inventory taken. Councilman Tuson said that before he voted, he would like to know how many people would be effected because of the non -conformity. Councilman Haines said he would also like the information on how many non -conforming signs there were, and asked the City Planner if this could be determined before changes are included in the final draft of the proposed ordinance:p so that council might see a copy prior to passage. Hearing was then reopened. Mr. Earl Shreve, representing Standard Oil Co., asked if any sign not mentioned in the proposed ordinance would be prohibited. The City Planner answered that there would be no regulation on any type not mentioned. Mr. Shreve then re- ferred to Paragraph 3 in the suggested revisions, where it stated that rAnimum height between the ground and the bottom of the sign shall be 8 feet, and he agreed that this would satisfy his.needs.' However, he felt that it would be difficult to have the supporting poles back more than 10 feet, the minimum - setback mentioned, and asked if the restriction here could be limited, since a 101-setback could be prohibitive in some cases. Mr. Nicholson, Chevron station at Westgate, stated that the biggest obstruction to traffic at West- gate was the traffic regulator. He said he had two signs, one on top and one on a pole at the SW corner of the property, and to set hallmark signs -back 10' would be a hardship, especially when the new highway takes additional property off the front of these businesses. The Mayor suggested that perhaps the last sentence in Paragraph 4 could be eliminated, and the setback then be governed by the previous sentence that does not mention 10 feet, but rather that it shall not project into the public RAW. Councilman Kincaid said he was in favor of eliminating this last sentence. It was agreed that the end of the sign should not extend over the property line, however. A gentleman in the audience who lives in a BN area'offered the comment that'no sign im- proves the beauty from anyone's window, and he objects to signs, but realized businessmen need them. He added he was relying on the council's judgement for improvement esthetically that would also be in line with the business point of view. There were no other comments from the audience, and the hearing was closed. Councilman Gellert said it was the intention of council to keep the BN areas as pleasing to the neighborhood as possible, and suggested an esthetic para graph could place the city on record as favoring this. Following discussion, it was moved by Councilman Tuson, seconded by.Councilman Slye to instruct the Attorney to prepare an ordinance incorporating the suggestions for revisions 'and have ready for the November 16 meeting. Motion carried. SECOND READING: PROPOSED ORDINANCE PROHIBITING CONNECTIONS OF STORM DRAINAGE WATER TO CITY OF EDMONDS SEWER SYSTEM Second reading was held on a proposed ordinance prohibiting connections of storm drainage water to the City of Edmonds sewer system. Councilman Tuson questioned Section 2 of the proposed ordinance, objecting to a penalty apply- ing to people who were allowed to do this years ago and now suddenly find themselves in violation and subjected to a penalty. Attorney Murphy quoted the one year statute of limitations for action. It was offered that special problems would take special consideration, and it would be left to the dis- cretion of the Public Works Director to understand and deal in a reasonable manner with any hardship cases. Ron Whaley, Director of Maintenance and Operation, stated that it would be a gradual process and there was no problem in the majority of cases; that it was a simple case of disconnecting and channeling that water elsewhere. Captain Shields cited the case of this water running onto someone else's property. There was a great deal of discussion on wording of Section 2, with several suggestions including substituting "is cited for violation" for "who has violated" and adding "who, 90 days after notification, remains in violation". The suggestion was also given that when existing illegal storm drainage continued after proper notification by the city, instead of the penalty of a fine and jail sentence, an additional charge for this storm water be added to the violator's utility bill. It was then moved by Councilman Nelson, seconded by Councilman Kincaid that proposed Ordinance #1580 be passed, and the motion carried. Councilman Nelson also made the motion, seconded by Councilman Nordquist to place on the next council agenda a proposed ordinance providing'for'additional'utility charges for existing illegal storm drainage connected to the sewer system in lieu of aforementioned penalty. ALLEY USE PERMIT A request had been received from Mr. Turner,-840 Dayton, for an alley use permit. City Engineer Leif Larson reported that it was city policy that an uni#iproved alley can be used, without structures, by the abutting property owners. CAO D. C. Lawson stated that past policy was to allow use of the alley by each property owner to the center line, and this was an administra- tive decision on an informal basis, the continuance of which he supported. However, City of Edmonds Ordinance #1416 sets forth provisions for permits for use of public places, and regulations relating thereto. Following dis- cussion, a motion was made by Councilman Nelson, seconded by Councilman Gellert to instruct the City Attorney to prepare an amendment to the existing ordinance to discontinue public use permits in residential areas, for non- u 2-12 commercial use. Motion carried. PRELIMINARY PLAT - ROY CHURCH ON BOWDOIN WAY City Planner Merlin Logan presented the preliminary plat of Roy Church on Bowdoin Way, which had been approved by the Planning Commission. Mr. Logan posted a plat map and explained to council reasons for proposed location of the roadway. Council suggested improvement of the road by eliminating one lot and thus allowing a turn -around area, especially'for emergency fire apparatus. City Planner Logan asked for postponement'of this agenda item until the Engineer and developer could be present. It was therefore moved by Councilman Nordquist, seconded by Councilman Nelson that this preliminary plat be postponed to the next regular council meeting. Motion carried. PEDESTRIAN SAFETY AWARD Mayor Harrison had received from the AAA a pedestrian safety placque, awarded to the City of -Edmond for 7 years with no pedestrian deaths in the city. The Mayor presented the award for this achievement to'Police Chief Marlo Foster, who in turn thanked everyone involved in the program of safety in Edmonds. RESOLUTION APPROVING APPLICATION AND CONTRACT WITH EMERGENCY EMPLOYMENT ACTS' PROGRAM CAO Lawson commented on the necessity to conform with the requirements of the federal government in order to quality for the EEA program, and this agreement with the county by resolution is one of the requirements. Mr. Lawson went on to explain the program to council, including the three phases and number of people the City of Edmonds had applied for. Following this, it was moved by Councilman Gellert, seconded by Councilman Nordquist that proposed Resolution' 248 be passed, authorizing the execution of an interlocal governmental agree- ment between the County of Snohomish and the City of Edmonds, pursuant to the Emergency Employment Act of71971:,, Motion carried. CORRESPONDENCE The City Clerk reported that she had received a.notice from Attorney Curtis Thomson advising that the required 75% of owners signatures had been obtained for the proposed annexation of Bellin's Gardens. However, the petition itself must be filed with the City Clerk so that it can be checked for validity and sufficiency and then certified before a hearing date can.be set. Mayor Harrison noted that an invitation had been received for the Veterans Day Program at the Lynnwood Veterans of Foreign Wars Post Home at 8 P.M. on November 5. COUNCIL PARTICIPATION Councilman Tuson asked if the CAO could inquire into the problem of the lack: - of regular payments from Mountlake Terrace on the sewer agreement. CAn REPnRT CAO Lawson reported that the City Engineer requested a date be set for the hearing on the final assessment roll on LID 178, Phase II of the 76th West paving. It was moved by Councilman Nordquist, seconded by Councilman Slye that the hearing on the final assessment roll for LID 178 be set for December 7, 1971. Motion carried. Mr. Lawson also reported that the Mayor has given the preliminary budget for 1972 to the Finance Director to compile; that this will be discussed at the November 9 council work meeting when the newly council members will be in attendance, and the preliminary budget will then be officially pre- sented to council at the November 16 meeting. Councilman Nordquist inquired about a council representive on the labor negotiation team, and this will be decided upon following•:outcome of the election. PRESENTATION OF PLANNING COMMISSION RESOLUTIONS City Planner Merlin ;ogan presented Planning Commission Resolution 366, re- commending denial of a proposed reclassification of Olympic View Drive on the comprehensive thoroughfare plan, File CP-2-71. Following Mr. Logan's explan- ation of this recommendation by the Commission, a motion was made by Council- man Nelson, seconded by Councilman Nordquist to uphold the denial of the Planning Commission in accordance with their recommendation in Resolution 366. Motion carried. Planning Commission Resolution 367 was presented, recommending denial of a proposed amendment to the official street map establishing a street system for the area between 230th and 232nd - Planning Commission File ST-6-71. It was moved by Councilman Slye, seconded by Councilman Nelson that December 7 be set as the date for a hearing on Planning Commission Resolution 367. Motion carried. 1 1 L • 1 0 CLAIMS FOR DAMAGES 2-1 A claim for damages was received from John D. McDevitt, and this was referred to the City Clerk for processing. TEMPORARY AGREEMENT FOR CENTRAL DETENTION FACILITIES WITH LYNNWOOD POLICE DEPARTMENT A motion was made by Councilman Nelson, seconded by Councilman Tuson that the matter of.a temporary agreement for central detention facilities with the Lynnwood Police Department be continued to the meeting of December 7, and the motion carried. There was no further business, and the meeting adjourned at 10:35 P.M. l� Irene Varney Moran ity.Clerk November 16, 1971 ROLL CALL Harve H. Harrison, Mayor The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present. • APPROVAL OF MINUTES Minutes of the meeting of November 2 had been posted and mailed, and with no omissions nor corrections, they were approved as written. INFORMAL HEARING ON SIDEWALK IMPROVEMENT This was the evening set for informal hearing on sidewalk improvement, and City Engineer Leif Larson presented a drawing of a proposed plan for the downtown area. He noted the lack or condition of sidewalks on 2nd and 3rd Avenues, and said the question had also arisen regarding planting strips or perhaps trees in tubs after walks are installed. He then stated the two ways in which a project of this sort can be accomplished; (1) by the LID method, or (2) side- walk construction fund ordinance. He added that for a downtown project, the need was for community and business involvement, and decisions on,width as well as with or without planting strips. Engineer Larson then gave an estimate of the several costs involved, and the hearing was opened. Dave Larson, who owns 2 lots at the intersection of 3rd and Dayton, agreed with the idea of sidewalk improvement. He noted that elderly people walk in that area, and both situations of either no sidewalk or a badly cracked one present hazards. Mr. Larson was in favor of 10 ft. wide sidewalks on 2nd and 3rd to match the commercial area width, and he was also in favor of underground wiring being coordinated with the sidewalk installation so as not to tear up new walks in the near future. Mr. Larson also felt it desirable for sidewalks to'go to the curb and landscaping done on private property or perhpas use of planter boxes. ' Tom Powell, property owner on 2nd, felt sidewalks would hurt, rather than help • him. Pat Welling, Chairman of the Beautification Committee, said the Committee had discussed this matter of sidewalks and recommended paving to the curb area with openings cut in the walks for planting of trees, which she felt was pre- ferable to tubs. She stressed the need for more trees in the downtown area, and stated that the type of tree selected was important because of growth pattern and root system, etc. Mrs. Welling noted that in her travelling about the country, she had noticed many cities with approved tree planting programs which served to enhance the beauty of the area. Councilman Kincaid asked that it be made a matter of minute record that he would not participate in the discussion on this sidewalk improvement since he was a property owner on 2nd. A gentleman in the audience, owner of a 12 unit apartment building, stated there was no sidewalk and he wanted one regardless of the width, etc. In answer to building on 2nd, where his Auto Freight business formerly was located. Dave Larson, when asked by Councilman Nelson how he felt about -the cost factor, replied that cost are not going down in the future, and when people accept commercial ownership they also accept sidewalk responsibility. He added that he would like to see the work done on a comprehensive basis,'mot one piece at a time. Councilman Haines asked if there was any possibility in getting a petition for this project from the downtown ownerships, but Dave Larson answered that he could not offer any encouragement along these lines. Lenore Collins, Brookmere Drive, stated she was in favor of undergrounding the wires, ,but the PUD was not too cooperative in giving estimates. She added that uniform 10' sidewalks in the business area would certainly enhance the city. Councilman Haines asked for a sizeable interest by property owners before any design work is done on this. Councilman Slye agreed. Attorney James Murphy • 44 i explained the sidewalk improvement ordinance method versus the LID method. Financing and protest were the differences between the two, with not much difference in the engineering. CAO Lawson, when asked by council, offered the information that if the improvement were by sidewalk ordinance, money from Capital Improvements under the Street Dept. could be used. Mayor Harrison recommended establishment of 60c per square foot, with the city to do the rough grading and set up a sidewalk improvement program. Some discussion followed, and it was then moved by Councilman Slye, seconded by Councilman Nordquist to table this informal hearing to December 21, until more information can be given to the property owners involved and an expression received from them on any proposed project. Councilman Gellert stated that he was in favor of an underground wiring program, and hoped newly installed sidewalks would not have to be torn up for any future undergrounding. Councilman Nelson said that the alleys would likely be used by the PUD and Telephone Co. for any underground installations. City Engineer Larson told council he was in favor of a preliminary assessment roll hearing with the individual costs spelled out for the property owners, rather than another informal hearing. The motion to table to December 21, however, then carried with Councilman Kincaid abstaining' because of property ownership in the area. Councilman Slye then made a motion, seconded by Councilman Kincaid to instruct the Engineer to include the area on Fifth Avenue from Dayton to Elm for sidewalks on the east side for this scheduled hearing on December 21. Motion carried. It was moved by Councilman Slye, seconded by Councilman Kincaid to amend the previous motion to also in- clude the area from the Edelweiss Apartments to Dayton, on the west side of Fifth Avenue. Motion carried. PRESENTATION OF PRELIMINARY BUDGET FOR 1972 CAO D.O. Lawson, in accordance with state law, presented to the Mayor and Council the preliminary budget for the City of Edmonds for 1972. Councilmen Haines and Nordquist asked for the opportunity for council to meet with all the'Department Heads next Tuesday the 23rd at the regular council work meeting, and made the request that the CAO schedule each Department Head for a specified period during the evening. PRELIMINARY PLAT OF ROYCE CHURCH - BOWDOIN WAY The preliminary plat of Royce Church on Bowdoin Way had been continued from. the meeting of November 2. City Planner Merlin Logan posted a drawing of the plat as noted in Planning Commission File P-7-71. Mr. Logan stated that con- sidering the grade problem, access, and shape of property, this seemed to be the best design at this time. Councilman Nordquist asked about the suggestions council had offered at the November 2 meeting, which appeared in the minutes. He added that the plat had been continued to this meeting following the request that the Engineer and platter be present; but that council had suggested the elimination of one lot in order to do away with the hammerhead, but the ham- merhead was still on the drawing. Fire Chief Cooper said he had been con- cerned with no turn -around area at the end of the main road, and that he would not even attempt to put a piece of equipment into the 60' hammerhead, but rather park the truck at the entrance. Earl Cline from Reid, Middleton & Associates, explained the engineering reaaoning and said the three end lots would be left undeveloped until a road can go in. He noted that a turn -around -area had been added to the end of the main road. The hammerhead, however, remained. He explained that an 8 inch water main would be run down the road in accordance with Fire Chief Cooper's suggestion. Mayor Harrison stated that a letter had been received from Ray Johnson, an adjacent property owner, who was opposed to the proposed extension of 92nd to Shell Valley. Mr. Johnson stated in his letter that his neighbor, Mr. Armstrong, also objected to this road and wished council would reconsider this access approach to Shell Valley because of the magitude of the area and the resulting traffic that will occur in the future. City Planner Logan told council that MR Armstrong.'. had.-phoned'-him'several timesTin .regard --to this plat. Following discussion, a motion was made by Councilman Haines, seconded by Councilman Nelson to accept the preliminary plat of Royce Church on Bowdoin Way, subject to the Engineering and Planning Dept. requirements, including a restriction on the sale of the lower three lots until such time as they front on a road serving the Shell Valley area. A roll call vote was taken. Councilmen Gellert, Nelson and Haines voted in favor; all remaining four councilmen against, and the motion failed to carry. Mr. Royce Church was in the audience and he expressed concern with the word "sale" on the three lots. Council asked Mr. Church if he would consider sacri- ficing one lot to put in an adequate culdesac for a turn -around in place of the hammerhead. More discussion followed, and a motion was then made by Councilman Nelson, seconded by Councilman Kincaid that this plat be continued to December 7 to allow Mr. Church and the Engineers to redesign the hammer head and resubmit the plat for consideration by council at that time. Motion carried. 1 1 L� 1 0 1 E 21`0 • PRESENTATION OF OFFICIAL CANVASS OF NOVEMBER 2 ELECTION 1 1 City Clerk Irene Varney Moran read the official canvass of the November 2 general election. The total votes cast,'including absentees: 4851 Mayor Harrison 2787 Tuson 2072 Council Position 1 Winters 2435 Dickson .2018 Council Position 2 Shippen 2744 Scobby 1895 Council Position 3 Nordquist 2646 Slye 1904 Council Position 4 Nelson .3805 Write-in Council Position 5 Gellert 1355 The Swimming Pool Cover Bond Issue: Votes cast: 4885 • 2822 Yes - 2063 No The total vote on the proposition did not receive the necessary 60% of the favorable vote and therefore the proposition failed. OATH OF OFFICE - COUNCILMAN GELLERT Since Councilman Gellert had been formerly sworn in as councilman to finish an unexpired term, and although this took place after the books were closed against filing for the office in this election, the county officials neverthe- less ruled that his council position must appear on the ballot as a write-in position. Therefore, since Councilman Gellert received an overwhelming majority of the write-in votes cast for this position #5, it was again neces- sary for him to take the oath of office; this time to finish out the unexpired term (a period of two more years). Mayor Harrison administered the oath of" office to Councilman Gellert, and he was welcomed by members of the council. AUTHORIZATION TO JOIN WITH COUNTY IN CALL FOR BIDS ON GASOLINE & DIESEL FOR 1972 In answer to an invitation from the County Commissioners to join with them in the gasoline and diesel bid for 1972,4 motion was made by Councilman Nordquist, seconded by Councilman Tuson to authorize the City of Edmonds' joining with Snohomish County in the call for bids on gasoline and diesel re- quirement for 1972. motion carried. ANNEXATION - BELLIN'S GARDENS • The City Clerk presented a certificate of sufficiency on the petition for annexation received for the area known as Bellin's Gardens. A motion was therefore made by Councilman Nordquist, seconded by Councilman Nelson that December 7 be set as the date for hearing on this petition for annexation, and the motion carried. AUDITITING OF BILLS A motion was made by Councilman Kincaid, seconded by Councilman Tuson that vouchers #13848 through #14036 in the total amount of $242,211.63 be approved for payment"of the regular monthly bills. Motion carried. Councilman Kincaid made the motion, seconded by Councilman Nordquist that warrants #54 through #65 in the total amount of $104,110.47 be approved for payment from the 1970 Water -Sewer Revenue Bond Issue. Motion carried. It was moved by Councilman Kincaid, seconded by Councilman Nordquist that the following LID bills be approved for payment: LID #172 - $28,026.98 to T & E Construction, Inc. for estimate 2 and $3,114.11 to T & E Construction, Inc. & National Bank of Commerce; LID #181 - $108.78 to Norm's Print Shop for printing bonds; LID #182 - $5,250.30 to Edmonds City Treasurer for city participation and $41.10 to Edmonds Tribune Review for publications. Motion carried. REPORT ON BIDS FOR POOL SITE DEVELOPMENT Bids had been opened on November 3 at 2:00 P.M. in the Council Chambers for • Phase�I, Pool Site Development. Present at bid opening were the CAO, City Clerk, Director of Maintenance &Operation, Donald W. Seifert and Bernie Rhoades from Seifert, Forbes & Berry, Architects, and three people in the audience representing the bidding companies. The bids were: T & E Construction, Inc. $16,973.00 Shaffer Engineering & Construction 28,1200.00 Kirkland Sand & Gravel 149278.00 Fred C. Madsen & Son, Inc. 13,100.00 J. D. Dutton, Inc. ' 11;990.00 Hos Bros Bulldozing, Inc. 13,'785.00 C. Martin Trucking, Inc. 12,840.00 The architect's estimate had been $14,500.00, and a letter was received from' 3bifert, Forbes & Berry recommending award of the contract to the'low bidder, J. D. Dutton, Inc. Rod Garretson, Director of Parks & Recreation, reported to council that the second low bidder, being a local firm, had contacted him to state they would use their own trucks on the project,'instead of the city trucks. This was determined not to be a great saving, and the acceptance of the low bidder was recommended. Chet Bennett urged the council to proceed with the open pool project regardless of the failure of the bond issue for the cover. 'He noted that the pool issue received a higher percentage of the votes than all the council candidates with the exception of Nelson, who was unopposed. He felt this 57.7% majority for the cover was a mandate showing the majority of people in Edmonds were in favor of a pool and a cover for it, so council should proceed step by step in order for the pool to be ready for use in June of 1972. He added that he was not in favor of another bond issue in February, but rather at the general election in 1972. Councilman Kincaid stated that the decision had been made in April to put in an open pool, with no assurance of what the $250,000.00-.would purchase. He favored withholding any award tonight until bids are received on the pool itself to see if the overall costs will be covered by the bonding money. Councilman Slye questioned the work of the Swimming Pool Committee and that there didn't seem to be any concentrated effort to put the bond issue over. He also favored a complete development instead of- an open pool in this part of the country. Following discussion, it was moved by Councilman Haines, seconded by Councilman Nelson to -.accept the low bid of J. D. Dutton, Inc., as recommended.by the architect firm of Seifert, Forbes & Berry, for the amount of $11,990.00 for Phase I, pool site development. A gentleman in the audience who lives on Alder Street questioned the proposed ingress and egress at the pool site, as well as the tree cutting. It was understood that the access at this time was on Bowdoin Way, and the Director of Parks & Recreation displayed a drawing of the area to show that it was not definite as yet as to the Alder or Maple egress. A gentleman in the audience presented a petition signed by 17 residents between 10th and 11th on Alder asking council to leave Alder Street as a community street and not a public thoroughfare by establishing the egress on this street. The gentleman also stated he was against the "handful" of evergreen trees that would be taken, and suggested the Maple Street egress would disturb fewer families than on Alder. He also added that it was his feeling that all public recreational activities should be in one area instead of spread about the city. Bill Phillips stated that the Edmonds Park & Recreation Advisory Board had looked over the entire area in Yost Park and considered the trees there as well as having concern for trees everywhere in the City. He said it was the Park Board's reaction to the bond issue that it was agreed to continue on with the open pool concept at Yost Memorial Park. Councilman Gellert suggested inviting the people between 10th and 11th on Alder and Maple to join with the Committee for discussions on the egress. One man in the audience said the interest of the people in the surrounding areas near the park should be considered and the possibility of ingress and egress on Bowdoin, which is already a thoroughfare, should be thought about. Councilmen Kincaid and Haines also felt when decisions on this problem are to be reached, the people on Alder and Maple should be present at these meetings. An attorney representing Marvin Smith stated that it would be compounding an error by building a pool without a real idea of the amount of money it would cost. He advised waiting the approximately six weeks for the next bid on the pool itself before going ahead with the site development. Chet Bennett again made the statement that if council did not proceed at this time, the city would not have a pool by next summer. Following more discussion, a roll call vote was taken on the motion to award the contract for site development, and carried with Councilmen Gellert and Slye voting against. Councilman Kincaid stated that although he felt it was not good business practice, he had voted in favor, with reservations in that he felt it would be better for the city to wait for the second bid on the pool before granting the first bid. He said the second bid would give some indica- tion of the actual cost of the pool and thus insure that the city would have enough money for the project. He also asked that a study be made on the al- ternates for egress. 1 1 11 1 At this point, a motion was made by Councilman Kincaid, seconded by Councilman Nordquist to recess. the meeting because of the late hour. City Attorney 0 • 21_ 7 Murphy advised that it could only be recessed to the following Tuesday, ac-' cording to ordinance, and that was the'evening council was to work on the 1972 budget. A vote was nevertheless taken, and the motion failed. COUNCIL PARTICIPATION Councilman Haines noted that in August the council had passed by motion that the Mayor's salary be raised in 1972. However, just prior to passage of an ordinance on this, the greeze went into effect. He suggested that the,5.% guidelines set by the government for raises be adhered to in all cases, and if there was any question as to the filing fee for the Mayor's position, any over- payment could be refunded. A motion was then made by Councilman Haines, seconded by Councilman Kincaid that any increase in the wages of Mayor and Council follow the guidelines set at 5.5% according to Phase II of the govern- ment freeze; that these figures are $20.00 per meeting, not to exceed two meetings per month, and this be used as long as the freeze is in,effect. Following further discussion, it was moved by Councilman Kincaid, seconded by Councilman Haines to amend this motion to state that when the present freeze has been lifted, the salaries of the council members shall be $20.00 per meet- ing, not to exceed four meetings per month, or $80.00; and the Mayor's salary then to go to $6,000.00 per year. A vote showed the amendment to carry, and the motion, as amended, also carried. It was reported that the city had received an offer of a tug being placed at the city underwater park site off Sunset Beach. It was moved by Councilman Nelson, seconded by Councilman Gellert that the city confirm that it has no objection to a tug being placed underwater on the north side of the'underwater • park. Following some discussion, it was moved by Councilman Haines, seconded by Councilman Kincaid to amend the motion to add that the city -neither accepts ownership of this tug nor assumes any future liability in connection with its placement. The motion to amend carried, as did the original motion, as amend- ed. A motion was made by Councilman Kincaid, seconded by Councilman Tuson that the general accepted practice be followed that new taverns or cocktail licenses, or changes in ownership, be approved by the council, and requested that an ordinance be.prepared to that effect, if allowabel. Motion carried. Councilman Tuson reported that a payment had been received from Mountlake Terrace on the sewer agreement. CLAIMS FOR DAMAGES Claims for damages were acknowledged from Mrs. Mildred R. Dawson, Walter A. & Dorothy Rasmussen, and from Arvalene & Richard McKenzie. These were referred to the City Clerk for processing. PREPAYMENT ORDINANCE LID 182 It was moved by Councilman Nelson, seconded by Councilman Haines that proposed Ordinance #1581 be passed, prepayment expiration on LID #182. Motion carried. FIRST READINGS OF ORDINANCES First readings were held on the following proposed ordinances: A proposed amendment to Ordinance #1416, to discontinue public use permits in • residential areas, for non-commercial use. ZO-8-71, proposed ordinance, including suggested revisions, to amend the official zoning ordinance, revising section 12.13.160, permitted signs in BN zones. A proposed ordinance providing for additional utility charges for existing illegal storm drainage connected to the sewer system, in lieu of other penalty. PRELIMINARY PLAT OF OLYMPIC SQUARE Council was presented with the review of a preliminary plat of nine lots at '8th and Pine, to be called Olympic Square. City Planner Merlin Logan displayed i a drawing, and following council discussion, it was moved by Councilman Haines, seconded by Councilman Nelson that the city accept the plat subject to the re- quirements of the Engineering and Planning Departments. Motion carried. APPOINTMENT OF ACTING CAO A motion was made by Councilman Nordquist, seconded by Councilman Tuson that Ron Whaley, present Director of Maintenance & Operation, be appointed as Acting Chief Administrative Officer for the City of Edmons. Motion carried. SALE OF USED EQUIPMENT - PUBLIC WORKS No bids had been received for the surplus vehicles on the date for opening of • bids, November 9 at 2:00 p.M. in the Mayor's office. In answer to the request, it was moved by Councilman Nordquist, seconded by Councilman Nelson that council authorize the sale of this surplus equipment by negotiation. Motion carried. 0 21. 8 There was no further business, and the meeting adjourned at 11:45 P.M. • Irene Varney Mora , City Clerk 77AO&►,+-,_ 1 Harve H. Harrison, Mayor BUDGET HEARING EDMONDS CITY COUNCIL DECEMBER 1, 1971 In accordance with State Statutes, hearing was held on the Final Budget for the City of Edmonds for the year 1972. Chief Administrative Officer D. C. Lawson reviewed each department's budget and report- ed on the 1971 Budget Receipts as compared with the anticipated revenue for 1972. He pointed out that the Council Chambers very often was filled to overflowing during public hearings, and it was interesting to see that when the City was involved in an annual Budget expenditure of several million dollars, very few citizens felt it important enough to attend. He asked for a show of hands, and noted that except for all Depart- ment Heads and some city personel, two newly elected council members, representatives of the press, and one council candidate who was also an Edmonds Volunteer Fireman, there were only two private citizens present. Mayor Harrison then opened the hearing. Mr. Leyda asked if it was customary to pay a new CAO $3000 more than the retiring one was receiving. The Mayor answered that he didn't know at this time, but that it very well might cost that amount for a qualified individual; however, that exact figure may not be used. Volunteer Fireman Swanson asked what percentage of the Current Expense budget was allocated to the Fire Dept., and was advised that this would amount to approximately 10%, with 8 new men being hired under the E.E.A. There was discussion by Council on several itmes. Attorney Murphy reported that the IRS had advised him via telephone that the freeze would not be applicable for the eleeted officials, since action had previously been taken by council and documented in the council minutes of July 6. Councilman Kincaid suggested that there be a salary raise for the City Attorney in 1972. A motion was made by Councilman Gellert, seconded by Councilman Kincaid to delete the $500 Revolving Fund item under the non -departmental category, and the motion carried. Natalie Shippen quoted figures for comparison purposes on expenditures for Parks and Streets in both Mountlake Terrace and Edmonds, noting that in 1971 Mountlake Terrace budgeted $63,000 more than Edmonds, and in 1972 the figure would be $96,000 more. She stated she would like to see restored items previously cut from the Parks and Recreation budget. She felt that Edmonds was starved in the Park and Recreation area. Mrs. Shippen also thought budgeting for underground wiring should be given consideration. CAO Lawson answered that Edmonds had always been conservative in its budgeting, and any money anticipated would definitely be received; this city had never allowed deficit budgeting and had no history of overspending or finding itself underfinanced. Councilman Kincaid added that within the city's means, the parks should be developed and improved for the enjoyment of the people, but not at the expense of other necessary services. It was moved by Councilman Tuson, seconded by Councilman Gellert to delete the pickup truck from the Fire Dept. budget, and this motion carried. Council felt a truck could be used from Equipment Rental. Councilman Gellert.then moved, seconded by Councilman Nordquist that an amount of $5000 be added to the Park Dept. budget for projects to be referred to, and approved by the council. Councilman Kincaid suggested that there were several areas from which this money could be taken, but not from the Street Dept. Councilman Haines agreed that the City should continue its policy of upgrading the streets on its planned program. There was further discussion on the deletion of the pickup truck from the Fire Dept., and the motion then carried. There were no further comments from the audience, and the hearing was closed. Councilman Gellert moved, seconded by Councilman Nordquist to adopt the final budget in its revised form and confirm this by ordinance on December 7. A roll call vote showed Councilmen Gellert, Tuson, Nordquist and Haines in favor; Kincaid voting against; Slye and Nelson being absent, and the motion carried. This being his last attendance at a council meeting prior to retirement, CAO D. C. Lawson thanked all Mayors and Councilmen he had served under during his 24 years of employment with the City of Edmonds. Mr. Leyda, in the audience, congratulated Mr. Lawson on his long years of service to the citizens of Edmonds, and all in attendence joined in a round of applause in recognition and appreciation. 1 1 • 1 1 U n LJ There was no further business, and the hearing was adjourned at 11:10 P.M. 1 7/ Irene Varney MoraW, City Clerk December 7, 1971 ROLL CALL Harve H. Harrison, Mayor Regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present. APPROVAL OF MINUTES Minutes of the meeting of November 16 had been posted and mailed, and with no omissions nor corrections, they were approved as written. JAYCEE PRESENTATION OF PROPOSED OFFICIAL EDMONDS FLAG Jim Krider, president of the Edmonds Jaycees, introduced Byron Lenius, who had created the proposed official flag for the City, and who presented it to the Mayor. Mr. Lenius noted that it was on December 7., 1776 that the first state was admitted to the Union; December 7, 1941 was Pearl Harbor-; and now on December 7, 1971 Edmonds was being presented with an official flag. • Councilman Nordquist, who had conceived the idea of an official Edmonds flag many months ago, made a motion, seconded by Councilman Nelson to declare this the official flag of the City of Edmonds, and the motion carried. ORDINANCE FOR FINAL BUDGET 1972 Acting CAO Ron Whaley reported to council that all adjustments as directed by the City Council had been made, and the 1972 Budget was balanced and in order. It was moved by Councilman Tuson, seconded by Councilman Nordquist that pro- posed Ordinance #1582 be passed, adopting the final budget of the City of Edmonds for the fiscal year commencing January 1, 1972. Motion carried. HEARING: ON PLANNING COMMISSION RESOLUTION 367 This was the night set for hearing on Planning Commission Resolution 367, File ST-6-71, recommending denial of a proposed amendment to the official street map, establishing a street system for the area between 230th and 232nd. City Planner Merlin Logan stated that he had hoped to present this to the council for discussion at their last work meeting, but that with the meeting having been devoted to budget matters, this had been impossible. He asked for a postponement, and a motion was made by Councilman Nordquist, seconded by Councilman Nelson that the hearing on Planning Commission Resolution 367 be postponed to the meeting of January 18, 1972: Motion carried. HEARING: ON PETITION FOR ANNEXATION - BELLIN'S GARDENS Hearing was held on the petition for annexation for the area north of 220th • known as Bellin's Gardens and legally described as Lots 16, 18, 19-and 20, R. C. Munger Addition No. 3; and Tract 11, Block 7, Alderwood Manor No. 9, except the north 420 feet thereof. Curt Thomson, attorney representing the petitioners, displayed a map of the - area proposing annexation and revised the steps taken prior to this hearing. There was some discussion between City Engineer and Council regarding sewering of the area, drainage, and the future plat. Hearing was then opened. Mr. Shelton, who lives on the NE corner of 95th and 220th, had questions in re- gard to police and fire protection, as well as street lights for the area. When he questioned the possible future widening of 220th, the City Engineer answered that the county has 220th on its 6 year street program submitted to the State. Mr. Shelton was also interested in the difference in taxes between county and city residents, and some discussion was held on the Edmonds sewer service charge. Mr. Shelton said that the developer of this area requesting annexation had stated his intention to stand.:;the cost of the sewer line to the properties for hookup, but this statement had not been put in writing. How ever, Curt Thomson, speaking for the developer, assured that this was to be done and the property owners could have a written statement if they felt it necessary. There was no further comment from the audience, and the hearing was closed. A motion was made by Councilman Haines, seconded by Councilman Kincaid to instruct the City Attorney to prepare an ordinance to annex this area known as Bellin's Garden to the City of Edmons. Motion carried. CONTRACT AGREEMENT WITH SNOHOMISH COUNTY HOUSING AUTHORITY City Attorney James A. Murphy reported that the county had 75 Units approved, • 220 and the City of Edmonds should appoint a committee to meet with the Snohomish County Housing Authority to specify the areas Edmonds has in mind for the units it will be allowed. There was apprehension that these units might not be used for the elderly, but the Attorney stated that Edmonds Resolution 243 states low income, but with special interest in the elderly. Following discussion, it was moved by Councilman Haines, seconded by Council- man Slye to approve the contract with the Snohomish County Housing Authority as outlined, and the motion carried. Councilman Tuson then moved, seconded by Councilman Nelson to authorize the Mayor to appoint a committee to negotiate with the Snohomish County Housing Authority to designate areas for this leased housing in Edmonds. Motion (darried. PRELIMINARY PLAT - ROYCE CHURCH ON BOWDOIN WAY This item had been continued from the meeting of November 16, and City Planner Merlin Logan briefed council on the developments up to this point. Earl Cline, engineer with Reid, Middleton & Associates, reviewed the plat maps for benefit of council, showing steps taken up to this most recent revision. The original 60 ft. hammerhead had been widened to allow more turn -around area. He asked Council to give serious consideration to approval of this revised plan with the 85 ft. hammerhead. Mr. Cline also presented a map showing a turn -around culdesac as,an alternative. Fire Chief Cooper stated that he personally felt it easier to turn around in the revised hammerhead rather in the culdesac on the alternate plan. Following discussion and several questions from Council for clarification, it was moved by Councilman Kincaid, seconded by Councilman Gellert that the City accept the preliminary plat of Royce Church with the revised 85 ft. hammer- head, with 25 ft. blacktop surfacing and 5 ft. easement on each side. Engineer Earl Cline stated that Mr. Church would be willing to give a 5 ft. easement on each side of a 20 ft. roadway, and.there was more discussion, after which both Councilmen Kincaid and Gellert withdrew their motion and second. It was then moved by Councilman Haines, seconded by Councilman Nelson to accept the preliminary plat of Royce Church on Design #3 with the 85 ft. hammerhead, subject to plat restrictions on building on proposed Lots 1,2, and 3, and with mutual maintenance agreements to service these Lots; a 5 ft. easement on each side, and subject to engineering requirements as well as requirements for utility easements. This motion carried. SET DATE FOR HEARING ON FINAL ASSESSMENT ROLL - LID 178 Upon recommendation of the City Engineer, a motion was made by Councilman Nordquist, seconded by Councilman Kincaid to set January 4,.1972 as the date for hearing on the final assessment roll for LID 178, Phase II, 76th W.. Motion carried. COUNCIL PARTICIPATION Councilman Nordquist stated that at the October 5 council meeting the CAO had reported on the complaint of Mr. & Mrs. Danner in regard to the unfinished building on their neighbor's property, and steps were to be taken to solve the problem. However, Mrs. Danner had phoned Councilman Nordquist stating that nothing had been done and she had been subjected to some intimidation from the property manager. Councilman Nordquist had gone to'the property today for a visual inspection -and felt that something should be done. Harry Whitcutt, Building Official, reported that a Mrs. Olsen had phoned him ,today and the Building Department will contact the owner of the property with the unfinished building, giving until December 31, 1971 when work must be com- pleted on this property. Councilman Nordquist asked for the date when new council will take office, and he was advised that since the law states that the newly elected council members take office on January 10,.1972 (the second Monday in January), the Edmonds City Council members will be given the oath of office at the January 18 council meeting. Councilman Tuson questioned the.most recent payment from Mountlake Terrace on the sewer agreement, and Acting CAO Ron Whaley answered that the Mountlake Terrace council should have approved the most recent billing at its regular council meeting last evening, and payment should be forthcoming the latter part of this week. Councilman Nelson invited council to the meeting of the Puget Sound Govern- mental Conference to be held tomorrow evening at the PUD auditorium at 7:30 P.M. in regard to the presenting of consultants on the transportation study for the Puget Sound region. Councilman Kincaid encouraged action on the appointments to the Snohomish Health District Board. These will be confirmed at the first meeting in January. 1 11 n LJ 1 n LJ 1 H Mayor Harrison announced the two day school for Mayors and Councilmen to be held on December 16 and 17 at the University Tower Hotel. He added that he 0 • thought it was a worthwhile class to attend. 2 2 t CLAIMS FOR DAMAGES Claims for damages were acknowledged from Mrs. John Mullally and from General Telephone Co. These were referred to the City Clerk for processing. SECOND READING OF ORDINANCES Second reading was heard on a proposed amendment to Ordinance 1416, to dis- continue public use permits in residential areas for non-commercial use. City Engineer Leif Larson explained the proposal for clarification, and it was moved by Councilman Kincaid, seconded by Councilman Nordquist that pro- posed Ordinance #1583 be passed, and the motion carried. Second reading was heard for ZO-8-71, a proposed ordinance to amend the official zoning ordinance, revising section 12.13.160, permitted signs in BN zones. City Planner Merlin Logan briefed council on the review and dis- cussions held on this matter, and urged passage. There was council discus- sion, and Councilman Haines suggested amending the proposed section 1, F. #3 to read no closer than 100 ft. to a similar sign, and no more than one to each place of business. Tom Berry,.in the audience, told council he person- ally preferred #3 under F.. to be 50 ft. instead of 100. Following further discussion, Councilman Gellert moved for passage of proposed Ordinance #1584, but the motion at this time died for lack of a second. Natalie Shippen, in the audience, said the recommendation of the City Planner should.certainly be taken over that of a man in the audience who makes his living with signs. A gentleman in the audience who lives in a BN zoned area said he objected to • the height and size of signs, and gas stations were the worst offenders. He felt perhaps large areas such as Westgate should be treated differently be- cause of -the different situation. Miss Hunter, in the audience, was con- cerned with the illumination, but this was found to be satisfied in the proposed ordinance. The City Planner brought to the attention of council that the whole purpose of this proposal was to bring the BN areas into line with the other area sign regulations, and he again mentioned that if service and products were satis- factory, size of the sign was insignificant. Mayor Harrison suggested post- poning this proposed ordinance for further study. Councilman Gellert noted that this same proposed ordinance had come before council many times before, and regardless of what is passed, it will never please everyone. He there- fore made the motion, seconded by Councilman Tuson that proposed Ordinance #1584 be passed, with one amendment under section 1, paragraph 3 under F. that the sentence read that pole signs shall not extend into the public R/W and shall not be located closer -than 100 feet to another similar sign on the same side of the street. Councilman Haines felt that council should .postpone action at this time, but Councilman Nelson said he agreed with the motion and the only real concern seemed to be distance between pole signs. A roll call vote showed Councilmen Gellert, Nelson, Tuson and Nordquist in favor of the motion to pass the ordinance; Slye, Kincaid and Haines against, and the motion carried. Second reading was held on a proposed ordinance providing for additional utility charges for existing illegal storm drainage connected to the sewer system. • Ron Whaley reviewed the proposal for'council and explained the manner in which a fee was decided upon. A motion was made'by Councilman Nelson, seconded by Councilman Slye that proposed Ordinance #1585 be passed, and the motion carried. FIRST READING OF ORDINANCE 1 1 First reading was held on a proposed ordinance prescribing the procedure for providing approval or objection to the liquor licenses within the City of Edmonds. PUGET SOUND COOPERATIVE MONITORING PROGRAM FOR SEWER OUTFALLS City Engineer Leif Larson explained to council the program for monitoring outfalls wherein it could be determined what effects various treatment plants in the area have on Puget Sound waters. He stated that participation in the program would cost Edmonds $5,150 for the first year and $2,682 for subsequent years. City Engineer Larson remarked that'Edmonds should be interested in this program, and recommended participation by indicating the city's intent, subject to review of the agreement that Metro would forward to this city. Councilman Kincaid noted that Edmonds had gone to considerable.expense to stop pollution of the Sound, and after some further discussion, a motion was made by Councilman Nelson, seconded by Councilman Kincaid to table the question on the monitoring program. A woman in the audience stated she had received information from Metro on this for the benefit of the people who use the Meadowdale Beach, and she felt a survey of this type would help. Councilman Kincaid pointed out that the city E 222.. • of Lynnwood would have to participate in order to have any correct determina- tion made on the water in that vicinity. Another woman in the audience said there had been sewer overflow onto Meadowdale Beach the latter part of last summer, and she had complained to Mr. Lawson, who assured her the Board of Health would investigate the problem. She added that Lynnwood had at that time had trouble with its treatment plant. At this point, vote was taken on the motion to table any action on this program, and it carried. POLICY TO PROHIBIT FUTURE EMPLOYMENT OF INDIVIDUALS WORKING UNDER DIRECTION OF CLOSE RELATIVE Mayor Harrison asked for a policy.to prohibit future employment of individuals working under the direction of a close relative, and he could then'initiate this policy in his hirings. Councilman Kincaid agreed that such a policy should be put into effect, and Councilman Haines thought this question should be attacked before it becomes a major problem. However, it was moved by Councilman Kincaid, seconded by Councilman Haines to postpone this to the next council meeting, and the motion carried. APPOINTMENT OF OLIN DASHER AS EDMONDS POLICE DEPARTMENT CHAPLAIN There being a need for professional help during times of tragedy, -Mayor Harrison made the appointment of Reverend Olin Dasher as Edmonds Police De- partment Chaplain and presented him with an Edmonds Police Department badge. Reverend Dasher, who had served the Department on occasion in the past, said he had been in Edmonds for 51� years, and this Appointment would afford him the opportunity to serve not only his own congregation, but others as well, and he would help wherever he was needed. • AGREEMENT FOR COMBINED DETENTION FACILITIES WITH LYNNWOOD Action on an agreement for combined detention facilities with Lynnwood had been continued from the meeting of November 2. Police Chief Foster reported briefly on this proposed agreement and recommended it as an excellent step with great potential. He added that the agreement was temporary and could be cancelled at any time. A mption was made by Councilman Slye, seconded by Councilman Nordquist to authorize signature of the agreement for combined detention facilities with Lynnwood. Motion carried. REAPPOINTMENT OF NORMA BRUNS - PLANNING COMMISSION Mayor Harrison reappointed Norma Bruns to Position 7 on the Planning Commis- sion. It was moved by Councilman Kincaid, seconded by Councilman Nelson to confirm the Mayor's appointment, and the motion carried. DATE SET FOR OPENING BIDS - 1972 GASOLINE AND DIESEL REQUIREMENTS A motion was made by Councilman Kincaid, seconded by Councilman Nelson to set December 20 at 2:60 P.M. as the date and time for opening bids on gasoline and diesel oil requirements for the City of Edmonds for 1972. Motion carried. There was no further business, and the meeting was adjourned at 10:50 P.M. Irene Varney Moran, ty Clerk Harve H. Harrison, Mayor • December 21, 1971 ROLL CALL The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present, except Slye. Councilman Kincaid reported that Councilman Slye was confined to Stevens Memorial Hospital. APPROVAL OF MINUTES Minutes of the meeting of December 7th had been posted and mailed, and with no corrections nor omissions, they were approved as written. INFORMAL HEARING ON SIDEWALK IMPROVEMENT Informal hearing on sidewalk improvement for the downtown area had been con- tinued from the meeting of November 16. A letter had been received from Mr. David M. Larson, who had initiated the proppsalq neguesting-ithatrfurther,-dis=�'•-'.. cussion of this item be postponed until January or February, 1972. There were, however, interested citizens in the audience and the hearing was there- fore opened. Engineer Larson stated the areas in question to be Second Ave- nue from Main to Dayton, Dayton from Second to Third, on Fifth from Dayton to Elm on the East side and on the West side of Fifth from the Edelweiss C� 0 apartments to Dayton. He stated that for a 5' sidewalk the cost would be $5.10 per lineal foot and $4.00 per foot if the:city prepared the base. In the commercial areas, a 10' sidewalk would be $7.25 if the city prepared the base. He explained that the existing sidewalks would remain and not be torn up. Dave Crow, in the audience, remarked that he could understand Mr. Dave•Larson's wanting this improvement but he, himself, was not in favor. He suggested that Mr. Larson put in a sidewalk in front of his property by contract instead of the LID method and he could probably have it done just as economically. Coun- cilman Gellert asked the City Engineer about the policy in regard to side- walks in front of new buildings and was answered that the building code re- quires new buildings to put in these sidewalk improvements. Councilman Haines then briefed the audience on how this particular project progressed up to this informal hearing. He explained the Council wished to ascertain the amount of interest in a project of this sort. A petition was presented, signed by property owners objecting to this pro- posal on Second and Third Avenues. Following discussion it was therefore moved by Councilman Haines, seconded by Councilman Tuson, that the project on Second and Third Avenues be dropped at this time. Motion carried with Coun- cilman Kincaid abstaining. Discussion was then held on the area on Fifth Avenue with the possibility of improving the sidewalks from Dayton to Elm on the East side and to the Edel- weiss Apartments on the West Side. The City Engineer estimated that under the LID method, a 5' sidewalk would be $5.15 without city participation, $4.00 • with city participation; a 10' sidewalk would be-$8.60 without city partici- pation; $7.25 with. Councilman Haines stated that where the people had been charged with sidewalks once, the city should now accept the maintenance responsibility. It was sug- gested that the property owners be charged for the materials used and the city do the work. Councilman Kincaid stated that the area from Dayton Street north was a hazard for walkers - particularly near the Edmonds Motor Company and other areas on the East side of Fifth. Councilman Gellert stated that he agreed with Councilman Haines in that where there was no sidewalk the property owners should pay for installation but that the city should maintain the'side- walks that had already been put in by the property owners. There was no fur- ther comment from the audience and the hearing was closed. Following discus- sion of cost, a motion was made by Councilman Haines, seconded by Councilman Gellert that it be city policy that the city maintain the sidewalks and the property owners be billed for concrete only and for any addition to bring the sidewalk to the proper width of 51; that -the city crews do the installation and finishing, but that this would not apply to areas where there is no side- walk at the present time. Councilman Gellert asked in the opinion of the City Engineer, would it cost the City of Edmonds more to notify the property owner by the LID method or merely do the work with no assessment and no paper work. The City Engineer answered that in the past under a `sidealk, resolution, the property owner had been billed directly by the contractor and that this had been a workable method. At this point, Councilman Kincaid suggested that the matter be put into a work session with the Safety Committee, and hearing be set again for January the 4th. A roll call vote was then taken on Councilman Haines' motion and it failed to carry with Councilman Tuson and Haines voting in favor - all others against. A motion was then made by Councilman Nelson, seconded by Councilman Nordquist to refer this matter to the Safety Committee • for review and a policy report back to the Council work meeting. This motion carried. SALARY ORDINANCE, 1972 Following a great deal of discussion on the proposed salary ordinance, a mo- tion was made by Councilman Nelson, seconded by Councilman Nordquist that pro- posed Ordinance #1586 be passed with the following changes: That the Chief Administrator's salary be expressed as a range of from $1350.00 to $1550.00, the Director of Maintenance and Operation as a range of $1125.00 to $1275.00 and that the pay grade classification express ranges as set forth in the writ- ten amendment distributed at the Council Meeting; and that on the substitut- ed pay grade classification the word 'Lieutenant' with Grade 29 would be changed to 'Sergeant', with Grade 28; that under Public Works and Parks, the monthly salary for maintenance and custodians be that used in the original proposed ordinance, and that the 11.1i to 39% education incentive be applicable to the Police Department, Fire Department, Public Works and Park Department as in the original ordinance; and that pay grade classification be frozen at 30ncrease until such time as the evaluation study may be completed. This motion carried. A five-minute recess was then declared by the Mayor. RECONSIDERATION OF ORDINANCE #1584 - VETOED BY MAYOR Mayor Harrison had vetoed Ordinance #1584 - an ordinance amending the regu- lations for signs in BN districts.which had been passed by the City Council • 224 on December 7th. In his notice to the City Clerk, the Mayor gave the fol- lowing reasons for his veto: 1. The following words should be added to Section 1-F-1: "An increase in sign area shall be allowed in the amount of 5% of the original committed sign area for each 10' of building set -back from the street right-of-way." This provision would be identical to what is now permitted in the.BC zone. 2. The following sentence in Section 1-F-2 should be deleted: "Signs attached to the building may,not project above the roof or parapet line." "This provision would force the design of all future one-story buildings to have parapet walls or pitched roof. I feel that a flat -roofed building with a sign extending from the roof line upward is pleasing from an aesthetic standpoint and practical from an advertising standpoint." Each Councilman had been notified of the Mayor's action by letter from the City Clerk. City Attorney James A. Murphy advised the Council that they could re -adopt the ordinance by five (5) Councilmen voting in favor. He added that the ordinance could not be amended without sending it back to the Planning Commission for another hearing. City Planner Merlin Logan, when asked about the Mayor's objection to No. 1 replied that he felt the BN zone should be treated differently from a BC zone. Councilman Haines stated that he felt that the Westgate and Five Corners areas did not fall into the BN category the same as some other BN areas in the City. He also objected to the pole signs being 100! apart as they might restrict the property owner who has less than 1001. Councilman • Gellert agreed with the Mayor's point No, 2 but he still felt that the or- dinance should be on the books and the veto should be overridden, then the Planner could be instructed to come up with an amendment at a later date. Following further discussion, a motion was made by Councilman Gellert, seconded by Councilman Kincaid to over -ride the Mayor's veto and again pass Ordinance 41584. Councilman Haines then moved, seconded by Councilman Kincaid to amend the motion to state that the Planning Commission be request- ed to hold a hearing on the rooftop sign issue, and the question of 100' be- tween pole signs be amended to state that each property owner would be en- titled to a pole sign even though his property might be less than 1001, and under Section 1-F-4 consider changing the 30% to 15% under individual signs shall not devote over that percentage of the sign area -to the advertisement of a specific product or service. The vote on the amendment resulted in all councilmen in favor except Nordquist, and the amendment carried. A roll call vote was then :.' . held on the motion amended, and this carried with all councilmen voting in favor, passing proposed Ordinance #1584, amending the regulations for signs in BN zones. ORDINANCE ANNEXING BELLIN'S GARDENS AREA As instructed by Council at the meeting of December 7t.b, City Attorney James A. Murphy presented a proposed ordinance to annex the Bellin's Gardens area to the City of Edmonds. It was moved by Councilman Nelson, seconded by Coun- cilman Tuson that propo6ed<70rdinancer#1587zbe passed, annexing the area known as Bellin's Gardens and legally described as Lots 16,17,18,19 and 20, R.C. Munger Addition No. 3 and Tract 11, Block 71 Alderwood Manor No. 9, except the North 420' thereof to the City of Edmonds. Motion carried unanimously. AUDITING OF BILLS A motion was made by Councilman Kincaid, seconded by Councilman Gellert that warrants No. 66 through 76 in the total amount of $179,551.24 be approved for payment from the 1970 Water -Sewer Revenue Bond issue. Motion carried. Councilman Kincaidfmade the motion, seconded by Councilman Nordquist that the following LID bills be approved for payment: LID ##172 - $65,839.90 to Edmonds City Treasurer interest warrants on bills to date; $690.65 to T. & E Construction and National Bank of Commerce for es- timate No. 3 deposit of retainage in escrow account No. 104, Schedule No. 1, and $6,215.87, to T & E Construction, Inc., for estimate No. 3, Schedule No. 1. LID #178 - $45.15 to Edmonds Tribune Review for notice of final assessment publication and $25.00 to'Systems Services Department for data processing services in connection with preparation of final assessment role. LID #186 - $735.00 to James A. Murphy for legal services rendered in full and that the City Clerk be authorized to issue an interest -bearing warrant to Edmonds City Treasurer in same amount to cover the bill. LID #187 - $615.00 to James A Murphy for legal services rendered in full and the City Clerk be authorized to issue an interest -bearing warrant in the amount of $615.00 to Edmonds City Treasurer to cover this bill. Motion Carried 1 1 u 2 2 f"i CORRESPONDENCE 1 1 • • The City Clerk read a letter from Don L. Hardy, 16038, 68th Ave., West, of Starlite Custom Homes in which he stated he was currently in the process of submitting a plat to the City of Edmonds for a piece of ground lying S.E. of the intersection of 156 SW and 70th W which he could divide into four (4) parcels under the process of sub -division, but he preferred to plat.it into 5 lots and install proper roadway and utilities. He was asking the Council's guidance on whether or not.they would consider an approval to va- cate 156th SW between 70th and 68th W. Mr. Hardy's request was referredv;to the City Engineer for a report to the Council. A letter of complaint on LID 178 was also referred to the City Engineer. COUNCIL PARTICIPATION Councilman Nordquist stated that on behalf of the Mayor and Council, he wished the citizens of Edmonds a joyous Christmas. He then went on to say that he had received a letter from Rev. Richard Gibson of the Terrace View Presbyterian church regarding the 'Neighbor's in Need' program. Councilman Nordquist urged the people in South County who were in a position to enjoy Christmas, to please be concerned with those people in the area who were not expecting to enjoy a very good Christmas this year because of the economic conditions. He asked that those citizens of this area who are able, to please share by donating money or groceries to the church in order to make happy the Christmas of those less fortunate. Mayor Harrison reported on a notification from the Department of Ecology of the State of Washington on Chapter 173-14 of the Washington Administrative Code pursuant to the Shoreline Management Act of 1971, Chapter 286, Laws of 1971 Extraordinary Session, which chapter provides for mandatory or optional public hearings to precede the issuance or denial of permits in order to al- low members of the public to present their.viewq, and whereas the proposed development of the Sunset Beach Park is.for the.purpose of creating greater ease of access and utilization of the Shoreline abutting said park without signigicant change to said shoreline, therefore, it was moved by Councilman Nordquist, seconded by Councilman Nelson that proposed Resolution #249 be passed, pursuant to the Shoreline Management Act of 1971, authorizing the Mayor to set a public hearing in the event of adverse comment on the proposed Sunset Beach' -,Development. Motion Carried. COUNCIL COMMITTEE APPOINTMENTS,FOR 1972. Mayor Harrison made the following appointments for 1972: Water Sewer Committee: - Don Tuson, Chairman Natalie Shippen Street Committee: - Jim Haines " Jerry Nelson, Jack Winters Safety Committee: - John ilrordquist" Jim Haines, Don Tuson i Capital Improvement: - Gary Nelson it John Nordquist, Max Gellert Representatives to Snohomish County Health District: Natalie Shippen, John Nordquist Representative to South Snohomish County Joint Planning Council: Jack Winters Ex-Officio Member of Planning,,C-ommission: Jack Winters Ex-Officio Member of Board of Adjustment: Jim Haines Ex-Officio Member of Park Board: Don Tuson Auditing Committee: - Max Gellert, Chairman Don Tuson, John Nordquist PRESENTATION OF PLANNING COMMISSION RESOLUTION 368 Planning Commission Resolution 368 was presented, recommending denial of a proposed amendment to the official street map, establishing a 16' alley be- tween 234th S.W. and 236th S.W., Planning Commission File ST-4-71 - no ap- peal had been received. City Planner Merlin Logan reviewed the public hearing before the Planning Commission and stated that the people who had initiated the proposal had withdrawn their petition and stated they would try to develop their own access. Following some discussion, a motion was made by Councilman Nordquist seconded by Councilman Nelson to uphold Planning Commission Resolution 368 recommending denial. Motion carried. PRESENTATION OF PETITIONS: Three petitions had been presented: 0 226 Z2 - • 1. Sewers - 85th P1. W., North of 218th SW 2. Paving of Elm from 7th to 8th 3. Underground wiring on Elm from 7th to 8th The City Clerk certified as to the validity of the signatures on all three petitions and the City Engineer explained the situation existing on 85th P1 W. and the manner in which it could be sewered. He stated that the assessment role could be prepared and a hearing date set. It was therefore moved by Councilman Haines and seconded by Councilman Nordquist, that February 15th be set as the date for the preliminary assess- ment role heafi_ng for sewering of 85th Pl.-W., as requested in the petition. Motion carried. In regard to the paving and underground wiring for Elm from 7th to 8th-this was referred to the City Engineer to prepara a report to the Council on these petitions. SECOND READING: PROPOSED ORDINANCE - LIQUOR LICENSES Second reading was held on.a proposed ordinance prescribing the procedure for approval or objection to liquor licenses within the City of Edmonds. It was moved by Council- man Kincaid, seconded by Councilman Nordquist that proposed Ordinance No. 1588 be passed and the motion carried. POLICY TO PROHIBIT FUTURE EMPLOYMENT OF INDIVIDUALS WORKING UNDER DIRECTION OF CLOSE RELATIVES Discussion on the policy to prohibit future employment of individuals working.under direction of close relatives had been continued from the meeting of December 7th. An alternate policy was suggested to state that anyone who has a close relative working for the City, would not be considered for employment. There was a great deal of discussion and a motion was made by is Councilman Kincaid, seconded by Councilman Tuson that an administration.policy be estab- lished that close relatives of present employees shall not be hired by the City with the exception of temporary help. This policy to be effective January 1, 1972, and that close realatives would mean the following: Husband,wife,father, mother, son, daughter, brother sister, auiht, uncle, cousin, nephew, niece, son-in-law, daughter-in-law, mother-in-law and father-in-law.::. Fire Chief Cooper spoke in regard to what he felt was the difference in Civil Service hirings because of the exams and ratings, etc. He added that the City of Edmonds had many relatives working and as a matter of fact, so did other cities. Captain Shields, in the audience, mentioned the Equal Employment Act and felt that this question would be tossed out by this Commission. Jack Cooper, Jr., was present in the audience, and since he felt that this particular problem was directed at him, he stated that Civil Service had its own exams and method of hiring or placing candidates on a list and also stated that you cannot speak for all supervisors in that although some would tend to look upon members of their family with favor, others might be stricter with their own family members tha:h with other employees. Councilman Haines stated that he would hate to see, for example, a new CAO hired who might bring in relatives to replace other Department Heads. There was a great deal of discussion on this matter. Fire Chief Cooper stated he was in favor of the policy, but the question should have come up before the Civil Service exams, and now that his son was next in line on the eligibility list, his hiring would not be by direct policy but because of merit via the Civil Service exam. City Attorney Murphy suggested that an independent personnel study could bring forth recommendations on this policy. Acting CAO Ron Whaley stated he would be in favor of the policy except in the areas where there are no examinations for eligibility lists. Following further discussion, it was moved by Councilman Haines, seconded by Councilman Nelson to amend the motion establishing the hiring policy by tabling this until a legal opinion as to the validity is • received and the opinion and recommendation of an outside consultant. City Attorney Murphy stated that there would be no hesitancy for the City not hiring relatives as long as there was no policy involving rac, sex, religious beliefs, etc. He added that there could' be a pr6.blem on Civil Service but that the City does have the right to make examinations available to people other than relatives under any policy such as the one they proposed. He also added that the eligibility list for the Fire Department stands, but the Mayor has the right to dismiss within a six month probationery period. A roll call vote was held on the amendment to table with Councilman Nelson and Haines voting in favor - all others against and this amendment failed. The original motion went to a roll call vote and passed with Haines and Nelson voting against. REPORT ON BIDS RECEIVED FOR GASOLINE AND DIESEL REQUIREMENTS FOR 1972 Bids bad been opened on December 20th at 2:00 PM in the Mayor's office for gasoline and diesel requirements for the City of Edmonds for 1972. In attendance at bid opening were' the Acting CAO, City Clerk, Deputy City Clerk and Councilman Kincaid. There was one bid received and it was suggested that -this bid be reserved until such time as county bids are opened on January 11th. Following discussion it was moved by Council- man Nelson, seconded by Councilman Nordquist that Council continue the report on bids received until January the 18th. A roll,. -,.call vote showed Councilman Gellert, Nelson and Nordquist in favor; Tuson and Haines against, and Councilman Kincaid abstaining. Motion carried. HEARING: ON PLANNING COMMISSION RESOLUTION #363 Hearing had been continued from October 5th on Planning Commission Resolution 363, re- u r I 2 21 F I C L, 0 commending approval of a proposed amendment to the official street map, correcting the location of 174th S.W., between 72d W., and Olympic View Drive in Planning Commission File'ST-5-71. City Engineer Leif Larson had prepared. a map with the revised location and he requested authority to proceed with this re=location of 174th. Mr. M. McLaughlin, 69089 174th was in the audience and he.spoke on the realignment and agreed.with the engineers drawing which verified a 301.right of way. No one else wished to comment, and the hearing was closed. It was moved by Councilman Haines, seconded by Councilman Nordquist to follow the Engineer's recommendation.and instruct the City Engineer.to proceed on the basis of the prepared map and boundary agreement method in order.to com- plete the establishment of the.right-of-way. Motion carried. There was no further business and.the meeting was adjourned at 11:40 P.M. JL611.0 Z_Z,0/a� Irene Varney M an, City Clerk January 4, 1972 ROLL. CALL � 1 Harare H. Harrison, Mayor The regular meeting of the Edmonds City Council was called to order by Mayor Harve.Harrison with all councilmen present. APPROVAL OF MINUTES Minutes of the meeting of December 21 had been posted and mailed. Under the heading of Council Committee Appointments for 1972, Councilman Gary Nelson asked that his name be corrected under Street Committee. Under the heading of Salary Ordinance 1972, the 1h to 3%"'education incentive should be changed to read 3% to 6%. There were.no other omissions nor corrections, and the minutes were approved as corrected. HEARING: FINAL ASSESSMENT ROLL..- LID 178 Hearing was held on the final asse��nrtoll for LID 178, UAB paving -of 76th W., Phase II. City Engineer Leif arson reported on the final cost of'this Phase II, giv"ing.the figure of $53,872.80 as chargeable to the LID in assess- ments at $4.00 per zone front foot, with the city participation in this phase amounting to $63,500. 'H`e then went on to explain the zone and termini method. of assessment. Engineer Larson summerized the complaints regarding construction or assessment, that had been received in letters from several property owners, and each letter was briefly dealt"with individually. Hearing was then opened. A gentleman in the audience asked a question on the opportunity to vote for or against an LID, and the City Attorney explained both the petition and resolu- tion of intention methods, and the hearing on the preliminary assessment roll, wherein if a 60% written protest is filed within the alloted 30 days following that hearing, the project would then be dropped. This man also asked if owners of property in a culdesac were assessed the same as those in the other areas within the project. 'Engineer Larson answered that all property within the 150,' is assessed, but that any beyond this 150' would not be assessed. Another gentleman asked how the assessments were decided upon, and Yie was answered that all abutting property was assessed up to the depth of 1501, and any other'property within the LID'boundarry was also assessed even though it did not front on the improvement. He added'that this was determined by state law. Mrs. Beeson had a question regarding the purchase of a.portion of her property by the state,.and wonder-ed.if she was being charged for that portion owned by the state.' She was assured that she was being charged only for the property in her name. City Engineer Larson advised Council that he would correct the assessments where an adjustment involving a legal description should be made; and he would look into the cases listing valid complaints against the LID. Hearing was then closed. A motion was made by Councilman Tuson, seconded by Councilman Slye that pro- posed Ordinance #1589 be passed, approving and confirming the final assessment roll for LID 178. Motion carried. CORRESPONDENCE A letter was read from Apex Garbage Co.,.notifying the City of.a proposed 8% increase in rates ;beginning ,,February 1, 1972. AUDIENCE PARTICIPATION Dick Myhre, 530 - 9th., asked if there was any indication of when the