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19640407 City Council Minutes178 ATTORNEY'S REPORT _ k Attorney Murphy reported the Council had requested him to inquire about insurance for the Thayer property for use by the Lions Club for storage purposes until their White Elephant'Sale in May. He had received a letter -from Robert McMurphy, insurance agent for the Lions Club, and received �? a copy of an endorsement of $100/300g000 bodily injury and $25,000 property damage insurance, protecting the Lions Club, but not the City of Edmonds. Following some, discussion, the Mayor C recommended the Lions Club be required to supply a short term rider which would hold the City of Edmonds harmless in the case of any accident. -No council -action was taken, but Attorney Murphy was instructed to notify the Lions Club of this requirement. DATE CHANGE FOR BIDS ON LID 123 Councilman Sorensen reported on behalf of the Street Committee that they wished the call for bids on LID #123 changed ..from April lk to May 5m, the reason being due to wet weather, and the streets will not be ready to be surfaced until later in the Spring. It was therefore moved by Councilman Sorensen, seconded by Councilman Slye that the call for bids on LID #123., paving -of "B" Street and vicinity, -be set for May 5m rather than April 72. Motion carried. Councilman Sorensen also stated they would like to have a Street and Water Committee meeting in regard to this. Councilman Tuson, Chairman of the Water Committee, suggested the two committees stay after the adjournment of -the council meeting to discuss the matter, and it was decided to do so. _. . . Attorney MurptLy reported he had sent out notices for sale of warrants and bonds on LID #123 to the financial houses,.and would have to re -notify them. The matter of requiring. certified checks accompanying bids on ..bonds and warrants was also mentioned by Mr. Murphy:- Ze wondered if this requirement and .the tying up of funds thereby could have an effect on the number of bids submitted. It was reported Bellevue does. -not require this, and they have a great many LID's. Mayor Maxwell felt we should look into the • matter to see if there.is any reason why we have required the certified checks -,..but in the meantime, continue the requirement until the matter is given some study. - RECOMMENDATIONS OF MAYOR MAXWELL FOR COUNCIL CHAMBERS, Mayor Maxwell mentioned a few changes he had in mind which would benefit council procedures - First, he would like a long table placed along the outside wall of the Council Chambers, facing both the Council and the audience, at which members of the City staff would be seated during meetings, in order to be seen and heard more.cleariy.• Name plates will identify-,. them. Also to help the audience follow the. council activity batter, Mayor Maxwell recommended the installation of the folding door between the Council Chambers and the Courtroom, to improve the acoustics. This folding door.had been budgeted for, and should be installed without delay. There being no further business to come before this meeting, it was adjourned until the next regular meeting on.April 79 1964, City Clerk Pyor April 7, 1964 ROLL CALL Regular meeting was called to order by Mayor Maxwell with all councilmen present: Olds, • Harrison, Tuson, Christensen, Slye and Sorensen. APPROVAL OF MINUTES Each.councilman having received a copy of the minutes of the last meetings - March 17 and the recessed meeting of March 246 - the Mayor asked if there were any additions or corrections. There were none, and the Mayor stated that•the minutes of these meetings would stand-app;ped as written. OATHS OF OFFICE Judge J. Wm.-Goulder then administered the oaths of office to all the newly elected councilmen: Harve Harrison,-Don•Tuson, Roy Sorensen, and Jack Bevan. The new council was then seated. OPEN BIDS WARRANTS AND BONDS LID #123 Bids were opened on bonds and warrants for LID #1239 (paving "B" Street and vicinity).. They were: Hughbanks Incorporated 4.20% $100.04 per $100. of bonds. Statewide City Employees Retirement System 4.25% no premium Southwick, Campbell, Waterman Co. 4.20% $100.17 per $100. of bonds. Grande & Co., Inc. 4.20% $100.19 per $100. of bonds. After study of the bids by the Treasurer, it was moved by Councilman,Slye, seconded by • 179 • Councilman Sorensen that the sale of warrants and bonds for LID #123 be awarded -to Grande-& Co., Inc. at the bid of 4.206, with the .190 premium per $100. worth of bonds, and averaging out. over a fine year period to the net effective interest -rate of 4.157%t and authorize the City Clerk to return the ,dertified- checks submitted as good faith deposits to .the remaining unsuccessful bidders. Motion carried. OATH OF OFFICE TO CITY TREASURER Judge J. Wm. Goulder at this time administered. the oath of office to newly elected incumbent City Treasurer, Allen P. Severson. FINAL ASSESSMENT ROLL HEARING - LID #119 Hearing was held on the final assessment roll for LID #1199 sewering in the Senior High. School area. There were three written protests rib all protesting the amount of the assessment. In the audience, Mr. Cross, from Fitz. reeking business complained about the sewer contractor's heavy equipment having run into his fence and damaged it, and a property owner at 2120 - 19A.S.E. complained about a storm sewer catch basin needing repair. The Engineer was instructed to look into these complaints and notify the contractor to remedy them. It was moved by Councilman Tuson, seconded by Councilman Slye that Ordinance #1047 be passed, approving and confirming the assessment roll on LID #119. Motion carried. HEARING - VACATION OF STREET ON CHASE LAKE SCHOOL PROPERTY Hearing was held on vacation of a portion of 216a S.W. on the site of the proposed Chase Lake Elementary School. There were no protests on this vacation, and it was stated that the School would dedicate a 60 ft. strip from 216m going northeasterly through the school tract and connecting with 18m P1. just north of the school area. After discussion, it was • moved by Councilman Sorensen and seconded by -Councilman Slye that Ordinance #1048 be passed, vacating a portion of 210 S.W. Motion carried. AUDITING OF BILLS It was moved by Councilman Slye and seconded by Councilman Sorensen that the regular monthly bills be paid and warrants drawn on the proper funds. Motion carried. Councilman Slye made the motion, seconded by Councilman Tuson that the bill against LID #124 in the amount of $1,470.60 be paid to Ech's Burner Oils, Inc. for contractor's estimate #1. Motion carried. CORRESPONDENCE A letter was read from the president of the Totem Girl Scout Council thanking former Mayor Tuson for the recognition granted to Girl Scouts by proclaiming Girl Scout Week, March 8 through 14. The Council was advised of the annual Association of Washington Cities convention to be held in Spokane May 13;. 1-4, 15- APPOINTMENTS Mayor Maxwell announced the reappointments of a11.Boards and Commissions as they are presently constituted. The following City Officials were also reappointed: D. C. Lawson City Supervisor: Irene Varney Moran City Clerk • R. C. Grimstad Police Chief James Astell Fire Chief J. Wm. Goulder Police Judge James A. Murphy City Attorney John E. Moran City Engineer It was moved by Councilman Slye, seconded by Councilman Tuson that the Mayor's appointments as stated be confirmed. Motion carried. Mayor Maxwell, upon recommendation of the Library Board,' appointed Mrs. William Riess, 18901 - 841h W. to the Library Board for a five year term to replace Mrs. Strance, whose terms are up according to law. Councilman Christensen moved, seconded by Councilman Harrison that the Mayor's appointment of Mrs. Riess be confirmed. Motion carried. Mayor Maxwell complimented Mrs. Strance on the fine job she had done during her many years on the Board, and added that one cannot say enough for people such as she who serve on -these boards faithfully for years with no remuneration. The Mayor then named the following members for the Council Committees: UTILITIES COMMITTEE (formerly Water .Committee) Don Tuson, - Chairman Orland Christensen Harve Harrison Howard Olds STREET COMMITTEE Roy Sorensen - ChWirman ~ • Dick Slye Jack Bevan i 8o SAFETY COMMITTEE • Roy Sorensen - Chairman Jack Bevan James Astell R. C. Grimstad AUDITING COMMITTEE Dick Slye -' Chairman Orland Christensen Howard Olds FINANCE COMMITTEE A. P. Severson Roy Sorensen Gordon Maxwell ATTORNEY'S REPORT Attorney Murphy reported that the Bonds for reviewed by a committee, as they presently and $6000.00 for -Treasurer. Attorney, City Cler� and Treasurer should be state $500.00 for both City Clerk and for Attorney, A letter had been received by the Attorney in regard to the Aurora Village drainage onto private property.. The Prosecuting Attorney for King County had respectfully denied the request of the City of Edmonds to participate in the water damage cost. Mayor Maxwell asked the Attorney to look up the law regarding the opening of bids to see.if this could be -eliminated from council meetings, and instead done perhaps on the Thursday preceding the council meeting. Attorney Murphy stated that this was permissable, as long as the bid notice was published and posted with the time, place, date, etc. included to enable the bidders and the general public to be aware of all these facts and attend if they desired. There should be two., and preferable three city officails present, and the.opening could be in the Council Chambers. The Council agreed that this would give them more time to adequately analyze the bids, and the Attorney was therefore instructed to draw a Resolution stating this new procedure. ARTS FESTIVAL The Mayor reported that the Arts Festival had been granted permission to use the Civic Center June 10 through 14 inclusive, with a tent to be set up on the"parking'lot outside. FINAL PLAT ­ The final plat of North Stream Lane (part of the old Dent property) was presented to the Couricil for action. All:plat requirements had been met, and utilities bond posted.. It was moved by Councilman Christensen, secanddd by -Councilman Slye to accept the final plat of North Stream Lane, and the motion carried. REPORTS FROM COUNCIL 'DOMMITTEES The' Safety Committee reported that the city's fireworks ordinance.is now ,unenforceable by decree of the Attorney General, since the present city ordinance is now out of line with state law. Therefore, it was moved by Councilman Sorensen,.seconded by Councilman!Slye that the City Attorney be instructed to draw a new fireworks ordinance which would encompass the state law and thus bring the city ordinance into conformity. Motion carried. The Street Committee and Utilities Committee decided 'to meet together'on Tuesday, April 14A at 8:00 P.M. in the Council Chambers.. Councilman Tuson, Chairman of the Utilities Committee made a motion that the city install approximately 1300 ft. of 6" CI. -pipe, with the necessary fittings, and one hydrant with appurtenances for the purpose of better firefighting in the vicinity of the new hospital, to be installed by city crews and at the expense of the Water Dept. This was seconded by Councilman Slye, and the motioh carried. It was later moved by Councilman Tuson, and seconded by Councilman.Slye. that.the Water Dept. call for bids on 1300 ft., more or less, of 6" C.I. pipe, hydrant, and the necessary valves and appurtenances for a complete installation. Bids to be opened at 3:00 P.M. on April 30k, in the Couhcil Chambers. Motion carried. AUDIENCE Mr. Larry Klang, real estate representative, and Ross Downs, Attorney for Albertson's were present in regard to Albertson's appeal to.the council on the rezone of the area at Westgate from R-8 to C-1 for a^shopping center, which had been denied by the Planning Commission. Albertson's prdsented the council with a petition signed by more than 300 property owners in the surrounding area, either in favor of the rezone, or neutral on the`cmatter.'*This was taken under advisement by the council, who then set the date of April 21 for a public hearing on the appeal, with proper publication and posting to be made, and the people in the 1 1 is 1 �•f u • immediate vicinity to be notified of the hearing. SALE BY AUCTION OF SURPLUS BICYCLES At the suggestion of Chief Grimstad, it. -was moved by Councilman 91ye and seconded by Councilman Christensen to instruct the Attorney to draw a motice of publication for the sale of surplus bicycles, (collected over a period of years by the Police Dept.), by auction. Mbiion carried. A request was recieved for a cabaret license at 240A and Highway #99. There would be dancing and light refreshments sold, catering to young adults not over 19 years of age, nor under 160 There would of course be an off -duty 8dmonds officer i-n attendance at all times. Council action was needed to authorize the City Clerk to issue the license 0 $25.00 if a police check proved O.K. It was moved by Councilman Slye, seconded by Councilman Tuson that a license be authorized for this establishment subject to the requirements being met by a police check. Motion carried. [1 • 1 • 1 1 • MAYOR PRO TEM Mayor Maxwell asked the council to elect a Mayor Pro Tem, and suggested Councilman Tuson, who has for several years acted in this capacity. It was moved by Councilman Slye, seconded by Councilman Harrison -that Don Tuson be elected as Mayor Pro Tem, and the motion carried. The -meeting was then adjourned, and an informal reception was held, with refreshments being served by the office personnel of the Civic Center. City Clerk April 21, 1964 ROLL CALL The regular meeting was called to order by Mayor Gordon Maxwell, with -all councilmen present. APPROVAL OF MINUTES The minutes of the last council meeting having been received by all councilmen, the Mayor asked for any additions or corrections. There were none, and the Mayor declared. -the -minutes would stand approved as written. PETITION FOR ANNEXATION OF 3 COUNTY STREETS A petition for annexation of 3 county streets was received from the Board of County Commissioners. (In some cases, the city already owns 36 of •the street. ) These area. 70 from 206k to 210N'; 96k W. from 220M to 217m; and the area,north of the Westgate Shopping Center to 223rd on 9A Ave. (or 100-' W.). It was moved by Councilman Slye and seconded by Councilman Sorensen to accept the petition and instruct the Attorney to draw a Resolution annexing the streets as listed. Motion carried. ALBERTSON'S APPEAL FOR REZONE Hearing was held on the appeal of Albertson's'Food Stores•For relief from the,denial by the Planning Commission for a rezone of an area adjoining the Westgate Shopping Center. Albertson's had asked for rezoning from R-8 to C-1. Mr. Larry Klang, Albertson's representative, -•.was present and had presented the council at its last meeting with a petition with 310. signatures either in favor of the rezone, or did not care one. way or the other. Each councilman had also received a report from Mr. Klang, supporting the application from relief of the Planning Commission's decision. The Mayor asked the City Clerk to read the minutes of the meeting of the Planning Commission,on the evening of the original public hearing for re -zone, and the denial. Following this, the hearing was thrown open to the audience. Many people spoke; with property owners whose homes would'be taken if the rezone went through -,.in favor; some adjacent property owners for,. and some against. Several downtown Edmonds merchants were present and all were against the rezone Lloyd Nelson inquired if any other area had been inves.ti.gated .as a possibili.t.yfor the .store's . location. Mr. Klang answered yes, that the entire area had.been looked..over carefully.. both by driving around and by aerial study, and the Westgate commercial area seemed to be. the beat location. Councilman Harrison mentioned that several applications for rezone had, been deferred lately by the Planning Commission until the new zoning is gone over step by step, and he felt that this particular area might better be zoned R-C instead of C-1. Mr. Klang�replied that Albertson's would accept R-C instead of C-1 and would post a.bond to that effect. At this point, Councilman Tuson requested and was granted a 5 minute recess of the council. Upon returning to the council table, Councilman Tuson made a. motion, seconded by Councilman Christensen that the appeal for a rezone of the property described as Lots 5,6,7,,,•8,9, and 109 Block 3, Westgate Park Division #1 from R-8 to C-1 be denied. In answer to:a question from Councilman Slye, Attorney Murphy stated that this particular property could re -apply for rezone in 6 months; or there was the possi- bility of its -being rezoned at the time the Planning Commission holds hearings on the new zoning recommendations.. Councilman Sorensen stated that on any application for rezone, the people should have protection for their residential property. Councilman Olds felt that the zoning to R-C instead of C-1 should be allowed, and Councilman Christensen added that he had seconded the motion to allow council discussion, but that he felt torn between the