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19680521 City Council Minutes• A motion was made by Councilman Tuson, seconded by Councilman Slye, that the Mayor be Chairman of the official bargaining agents for the City to meet with the Police Depart- ments representative from the Teamster's Union. It was moved by Councilman Tuson, seconded by Councilman Nelson that letters of commend- ation be sent to the two members of the Planning Commission who have recently resigned, Mr. Propst, and Mr. Stallbaum. Motion carried. There was no further7business and the meeting was adjourned. Irene Varney Moran City Clerk May 21, 1968 ROLL CALL Harve Harrison, Mayor The Edmonds City Council was called to order by Mayor Harrison with all Councilmen present except Kincaid, who was on vacation. APPROVAL OF MINUTES In the retyping of the minutes of May 7, a paragraph.had been omitted dealing with the presentation of Planning Commission Resolutions. Denial on Planning Commission Resolution #272 had been confirmed and June 4 had been set as the date for hearing on Resolutions #271 and #274 and also for the hearing on the appeal on Resolution • #273• In the last section of the May 7 minutes on the council authorizations, the Mayor had been authorized to hire an Assistant City Engineer. This motion should have stated "to hire an Assistant City Engineer at a salary range of from $850.00'to $950.00 per month". There were no further omissions nor corrections and the min- utes stood approved as corrected. HEARING: PRELIMINARY ASSESSMENT ROLL - RESOLUTION OF INTENTION #221 Hearing was held on the Preliminary Assessment Roll for Resolution of Intention #221, paving of Howell Way between 3rd and 5th. A petition for this improvement had been received from the property owner of the A & P store. Engineer Larson reported on the proposed improvement and explained the zone'and termini method of assessment. A petition of protest was presented and it was determined that at least 50% but not quite 60% of the project assessment was represented on this petition. Hearing was then opened. Andy Armes felt that the protesters were well over 60°16. Howard Wilson, owner of the property on which the new A & P store will be erected, stated that he was in favor of the L.I.D. and had submitted the original petition. No one else wished to speak and the hearing was closed. Councilman Slye stated that it was against his policy to deny street improvements in the city, but with the heavy protest on this one he moved that this proposed L.I.D. not be approved. Motion was seconded by Councilman Bennett and carried unanimously. HEARING: SECOND READING ORDINANCE ON PLANNING COMMISSION RESOLUTION #266 • Hearing was held on the second reading of the Ordinance on Planning Commission Resolution #266, Definition of Home Occupation, to amend Section 12.12.090 of the Edmonds City Code. City Planner Merlin Logan briefed the council on the present ordinance and the proposed amendment. Hearing was then opened. No one in the audience wished to be heard on this matter and the hearing was therefore closed. d Following council discussion, a motion was made by Councilman Slye, seconded by Councilman Tuson that proposed Ordinance #1366 be passed, Definition of Home Occupation. Motion carried unanimously. SECOND READING - DOCE'S REZONE ORDINANCE The second reading of the ordinance for the Doce's Rezone was held and it was determined that all plans had been received in proper form and were acceptable. Following some discussion, a motion was made by Councilman Nelson, seconded by Councilman Bennett that proposed Ordinance #1367 be passed and the area be rezoned RMH. Motion carried with Councilman Nordquist voting against. AUDIENCE PARTICIPATION A petition was presented for a pavi goml �;.D. for 184th S. W. from 80tb W. to Andover Street; 80th W. from 186th to 180n,�rc5 to Olympic View Drive. This borders the new park in the area. A gentleman in the audience stated that he felt they had over 50% of the people in the area who had signed the petition in favor of this. Attorney Murphy suggested that the blank spaces on lineal footage and area figures in the petition be filled in and they then could proceed with the petition method if 50'' of the lineal footage was on the petition. This would eliminate a Resolution of Intention and of course there would be no protest. The petitioners asked if the city would protest or would they participate with the park property in that area, and after discussion and decision that the city would of course prefer to participate • and have an L.I.D. go through, it was determined that the Mayor and the City Clerk could sign the petition for the city park area. A motion was therefore made by 30 Councilman Haines, seconded by Councilman Slye that the city council authorize the e Mayor and City Clerk to sign the petition for the park area in favor of the local improvement district and this would bring the signatures to well over 50%. Motion carried unanimously and the petition was then given to the City Engineer to check signatures against the Auditor's records. CHANGE OF HEARING DATE C'7 Mayor Harrison announced that Edmonds Junior Highschool auditorium could not be re- served on June 5th for the hearings on Planned Unit Development and Open Housing and would therefore have to be rescheduled. After much discussion it was moved by Councilman Tuson and seconded by Councilman Nordquist that the hearings on Open Housing and Planned Unit Developments be held on June the llth at the Edmonds Junior Highschool auditorium. Motion carried. CORRESPONDENCE A letter had been received from the Olympic View Water District in regard to alarm systems for their pumping stations. They asked cooperation with Edmonds, and an amendment to the contract with Edmonds to cover this. Engineer Larson reported that he had not as yet received any estimates on the alarm system and therefore there were no figures to use to determine costs. Chief Grimstad felt that the alarm systems should be divided in the police station so that the correct person could be notified in case of emergency. No action was taken at this time. CLAIMS FOR DAMAGES A claim for damages was acknowledged from James Melvin McCoy. This was referred to the City Clerk for processing. COUNCIL PARTICIPATION O Councilman Tuson noted that he had gone to 81st and 196th where the street had caved in and taken the storm sewer, and he questioned when the sewer contractor's contract was up. The City Engineer answered that it had been a year May 15th. Councilman Nordquist'stated that when he receieed his agenda there were a certain number of items listed and yet on council meeting night he found that more items had been added. Mayor Harrison explained that the added items were merely things to be brought before the council that could be labeled as "housekeeping". Councilman Slye stated the Park Board requested that a comfort station be erected at Sunset Beach as soon as possible and he therefore moved, seconded by Councilman Bennett, that the council approve the comfort station at Sunset Beach and call for bids to be opened on June 17th. Motion carried. Councilman Slye also noted that the Park Board felt that special consideration should be given to dogs on park grounds. They did not feel that dogs were desirable in picnic areas and he therefore moved, seconded by Councilman Bennett that the council authorize signs to be erected in the City Park stating "NO DOGS ALLOWED", especially where picnic tables and playground areas were located. Motion carried with Councilman Nelson voting against. Councilman Bennett read a list of items on which he wished a report. First, he was interested in the address changes in the city. He felt a report could be had by June 18 on any progress on this. Mayor Harrison will write Don Nelson of the Post Office and the council perhaps can attend his next meeting in regards to these address changes in the city. Councilman Bennett was also interested in the underground wiring progress. Engineer Larson reported that the P.U.D. and other utilities are studying the proposal and Councilman Bennett asked that this be reported on at the next council work meeting. Mr. Bennett also noted that the Driftwood Theatre could use some city equipment and O would the city give the Driftwood players some extra help at the site of construction. Councilman Bennett also noted that perhaps the city could contact some of the leaders in the Esperance area and look into a possible annexation feeling, especially from 220th northward. He volunteered to look into this and Councilman Haines also added that we should think about squaring the city off to the north. Councilman Bennett also had a question on the Capital Improvements program. City Supervisor Lawson reported all department heads had submitted papers on capital improvements from their department and this would now be worked up by City Planner Logan ad City Engineer Larson, and the council could expect something by the first meeting in August. Councilman Bennett then stressed the need for a multi -purpose building in the City of Edmonds, and he stated that although street and sewers are important they are not as important as people and we should spend some money on people. Especially young people and the oldsters, so that they have some place to go for recreation. Mr. Bennett was asked to attend the next Park Board meeting to discuss this. Councilman Bennett then questioned adequate bus service in the community. After discussion on this, Supervisor Lawson recommended that this be given to a transportation committee to look into. Mayor Harrison will establish a Transportation Committee to study the problem of bus service in the com- munity. Councilman Bennett then brought up the question of public access and a public boat launching area on Lake Ballinger. Supervisor Lawson explained that people there on Lake Ballinger are not in favor of this as a general public park area. He added that many had indicated that although the one public access to the lake was fine, they do not want expansion of the area for a waterfront park. Councilman Haines brought up the question on consolidation. Mayor Harrison noted that there had been meetings of the three cities' Supervisors and Chiefs, etc., to study cooperation and consolidation of services, not cities. Councilman Tuson brought up the question of what he felt was a lack of some type of rescue equipment, to be used if the need should arise on the Sound. It was thought O that perhaps the port could participate with the city to provide some type of boat 43 • or equipment for this, and the thought was expressed that perhaps a Coast Guard vessel could be stationed here with the port expansion, and the port might possibly be able to provide some living facilities for Coast Guard personnel if a vessel could be pro- cured for this area. RESOLUTION AUTHORIZING HUD CONTRACTS A resolution was presented to approve and provide for the execution of a grant for contract to acquire and/or develop land for open space purposes in the city of Edmonds. This is the Paradise Lane Park. It was moved by Councilman Slye, seconded by Council- man Nelson that Proposed Resolution #184 be passed. Motion carried unanimously. RESOLUTIONS COMMENDING H. D. PROPST, JR. AND RICHARD STALLBAUM Two resolutions were presented by the Attorney commending H. D. Propst, Jr. and Richard Stallbaum for their work on the Planning Commission. Both had recently resigned. Motion was made by Councilman Nordquist, seconded by Councilman Tuson that Resolutions #185 and #186 be passed. Motion carried. CONCESSION PRIVILEGES Several letters have been received requesting permission for concession privileges during the Fourth of July celebration in Edmonds. Attorney James Murphy submitted a Proposed Agreement Form which would also serve as an application form for these concession applicants. He projected this on the screen and explained it in detail to the council. A motion was made by Councilman Slye, seconded by Councilman.Nordquist that the City of Edmonds adopt this Application -Agreement Form with the blanks to be filled in on the insurance amounts according to each individual case. Motion carried unanimously. • STREET R/W 76th W (MACKIE) In order to make a complete 40' strip on 76ih Avenue W., the City of Edmonds has been interested for sometime in acquiring 15 ft. of.the Mackie property on the West side of 76ih to complete this widening. However the entire piece of property owned by Mackie is subject to possible damage due to the fact that the widening of the street would bring the roadway right up to the house. Therefore, after discussion of the matter, it was moved by Councilman Slye, seconded by Councilman Haines that the council authorize the Mayor to negotiate for the purchase ,of this property and obtain an appraisal which the state.may have. Motion carried unani- mously. AUDITING OF BILLS It was moved by Councilman Nelson, seconded by Councilman Bennett that vouchers #6761 through #6959 be approved in the total amount of $107,297.05 and that warrants be drawn in payment of these regular monthly bills. Motion carried. It was moved by Councilman Nelson, seconded by Councilman Bennett, that the following L.I.D. bills be paid: L.I.D. #139, Unit #1 Sewers - $1,925.00 to Seattle First National for payment of retainage withheld; L.I.D. #151, Unit#4 Sewers - $52.05 to the Edmonds Tribune Review for publishing costs, and $1,476.00 to Rberts, Shefelman, Lawrence, Gay & Moch for legal opinion on bonds; L.I.D. #157, Paving of 25ih S. - $20.80 to the Edmonds Tribune Review for publishing costs, and the City Clerk be authorized to draw an interest bearing warrant in the amount of $20.80 to the City of Edmonds to pay for bills against the L.I.D. to date; L.I.D. #160, Paving of Pine - 9ih to 1Oth - $2,919.44 to Ech's Burner Oils Inc. for Estimate #4 and the City Clerk be authorized to issue an interest bearing warrant • to the City of Edmonds in the same amount to cover this bill; L.I.D. #162, 5th Avenue S. Sidewalk - $200.00 to James A. Murphy for legal services in full and the City Clerk be authorized to issue an interest bearing warrant in the same amount to the City of Edmonds to cover this bill; L.I.D. #165, Paving Main - 6th to 5 Corners - $31.40 to the Edmonds Tribune Review for legal publications and the City Clerk be authorized to issue an interest bearing warrant to the City of Edmonds to cover this bill. Motion carried. Motion was made by Councilman Nelson, seconded by Councilman Bennett, that the following bills be paid against 1967 Water Sewer Bond Issue. Warrant #24 to Hersey-Sparling Meter Company for Estimate #1, Semi -Final for furnishing and in- stalling pump station telemetering system - $23,289.53 and Warrant #25 to Olympic View Plumbing Co. for Estimate #2, Semi -Final for construction of storm sewers in the vicinity of 228nh St. S. W. and P.N.W.T. Co. R/W period ending May 15th, 1968 - $1,206.90, for total amount of $24,496.43. Motion carried. PROPOSED RESOLUTION OF INTENTION FOR IMPROVEMENT OF FORSYTHE LANE The City had received an appraisal for the right-of-way on Forsythe Lane and the attorney had been instructed to draw a Resolution of Intention for improving this street. Motion was made by Councilman Bennett, seconded by Councilman Nordquist that Proposed Resolution of Intention #222 be passed for the improvement of Forsythe Lane from 5ih Avenue to th Avenue by construction of standard curbs and gutters, paving with asphaltic type"concrete, and installation of concrete sidewalks, nec- essary drainage and related work to make a complete improvement. Motion carried. SET HEARING DATE FOR 6 YR STREET IMPROVEMENT PROGRAM In order to meet State requirements by submitting an updated plan every two years on the six,year street improvement program, it was moved by Councilman Bennett, • seconded by Councilman Nelson that June 4th be set as the date for hearing on the Six Year Street Improvement Program for the City of Edmonds. Motion carried. 12 PRESENTATION OF PLANNING COMMISSION RESOLUTIONS O Planning Commission Resolution #275 was presented recommending denial of the Lawrence F. Neil rezone. This had been reheard at request of the city council. It was moved by Councilman Bennett, seconded by Councilman Tuson to uphold the, denial of the Planning Commission on Planning Commission Resolution #275. Motion ; carried unanimously. City Planner Logan gave an explanation on Planning Commission Resolutions #276, 277, #278 and #279. It was then moved by Councilman Nelson, seconded by Councilman Tuson that June 18 be set as the date for hearing on Planning Commission Resolutions #276, 277, 278, and 279. Motion carried. TEMPORARY ASPHALT SURFACE 242nd S. W., HIGHWAY 99 TO 76tt W. Discussion was held on a temporary asphalt surfacing of 242nd S. W. from Highway 99 to 76th W., and following discussion it was moved by Councilman Haines, seconded by Councilman Nordquist to authorize proceeding with the project at city expense from the East line of Doce's property. Motion carried. P.U.D. LATE COMERS AGREEMENTS The P.U.D. had installed a sewer line at their expense and were now asking to give the line to the city and be reimbursed in the amount of $6800.00, this amount to be paid to the P.U.D. as people connected to the line. It was moved by Councilman Bennett, seconded by Councilman Tuson to accept a Late -Comer Agreement with the P.U.D. and authorize the Mayor to enter into agreement with them. Motion carried. NEW HEARING DATE FOR UNITS 5, 6, and 7 Due to certain engineering detail, the original date of June 11 for public hearing O of the Proposed Sanitary Sewer Improvement by declaration of Resolution of Intention #219 must be changed, and a motion was made by Councilman Nordquist, seconded by �,3���8� Councilman Haines that Resolution of Intention #223 be passed, changing the public DD�� hearing date to July 30, 19 Motion carried unanimously. REPORT ON HUD GRANT Mayor Harrison noted that he had been notified that the HUD grant in the amount of $22,731.49 which the city had applied for in connection with Maplewood ravine had been processed for payment and would be mailed shortly. APPROVAL OF REQUEST FOR RATE INCREASE - SOUND DISPOSAL COMPANY A letter had been received from Dick Slye of Sound Disposal Company requesting approval of a .25¢ a month increase in rates pending State approval to handle increased operating costs. It was moved by Councilman Bennett, seconded by _ Councilman Tuson that the City of Edmonds approve the request of Sound Disposal Company for a rate increase in the amount of .250 per month subject to State approval. Motion carried unanimously. RESIGNATION FROM BOARD OF ADJUSTMENT - ROY STRINGER A letter of resignation from the Board of Adjustment was received from Roy Stringer, which was accepted with regret by Mayor Harrison. A motion was then made by Council- man Tuson, seconded by Councilman Bennett to instruct the City Attorney to prepare at Resolution of Commendation for Roy Stringer for his work as member of the Board of Adjustment. Motion carried. PUBLICATION OF JUVENILE NAMES IN CONNECTION WITH THE CONTROVERSY WITH THE ENTERPRISE O Attorney Murphy announced that Judge Utter will meet with the city on May 23rd at 8:00 P.M. to,discuss this problem with the city and the Enterprise of publication of juvenile names in the newspapers. WATER PROJECTS FOR HOWELL WAY AND 9th AVENUE Discussion was held on the installation of 8-inch cast iron pipe from 3rd to 5th on Howell, and from Main to Edmonds on 9th. A motion was made by Councilman Bennett, seconded by Councilman Haines authorizing the installation of 8-inch cast iron pipe from 3rd to 5tb on Howell, and .from Main to Edmonds on 9th. Motion carried unanimously. WATER LINE EASEMENT TO STATE The City of Edmonds is in possession of a water line easement near Lake Ballinger which the State by written request asked that authority be given from the City to the State for this easement. ,It was moved by Councilman Bennett, seconded by Councilman Nelson to authorize the City to grant to the State the right, privilege, and easement to construct and forever maintain a drainage system, including culvert and ditches, but not exclusive thereto, over and across a portion of the above des- cribed property. Motion carried. REQUEST FROM STANDARD OIL FOR FIRE PROTECTION The Standard Oil Company requested from the City of Edmonds fire protection for their installation at Point Wells. This was discussed at length and it was de- cided the City of Edmonds would be willing to negotiate with them at a cost of not less than 4 mills, which is the amount charged by Fire District #4 for their part in the protection of that installation. Following discussion, a motion was O 46I. made by Councilman Bennett, seconded by Councilman Tuson that the Mayor be auth- orized to send a letter to Standard Oil and proceed with preliminary negotiations with them for fire protection for their installation at Point Wells. Motion carried. There was no further business and the meeting was adjourned at 11:20 P.M. Irene Varney Moran,/i ity Clerk Harve Harrison, Mayor June 4, 1968 ROLL CALL The Regular Meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all Councilmen present. APPROVAL OF MINUTES On the copies of the minutes sent to the Councilmen, in Paragraph 2 on Page 2 under Council Participation, the word pumping station was used instead of comfort station. This, however, had been correctly stated as comfort station in the Minute Book, and only the copies were incorrect. There being no further corrections nor omissions, the minutes stood approved. ESTABLISHMENT OF SIDEWALK POLICY . Establishment of a sidewalk policy for the City of Edmonds according to RCW for 3rd Class Cities had been discussed. Following some discussion,.Councilman Slye moved that the council reaffirm their position;as being in favor of sidewalks being con- structed at the same time as the improvement of the streets at the expense of the abutting property owners. No second was made to this motion and Councilman Bennett moved, seconded by Councilman Haines that this matter be tabled to follow number six on this evening's agenda, number six being the hearing on Resolution #182 for sidewalks on Main Street from 9ch to 5 Corners. This motion to table carried unanimously. HEARING: ON PLANNING COMMISSION RESOLUTION #271 (Saindon) Hearing was held on Planning Commission Resolution #271, recommending an amendment to the official zoning map by designating as multiple residential low density (RML) that property described in Planning Commission File #R-1-68, provided that the City shall .agree to the terms of a contract proposed by the applicant specifying the type and bulk of building proposed. This property is located on the corner of Second and Bell and legally described as Lot 1 and the South 15 feet of Lot 2, Block 12, Plat of Edmonds. City Planner Merlin Logan read the minutes of the March 20 Planning Commission meeting. Councilman Tuson first requested and then waived the reading of the minutes.of the Board of Adjustment on this hearing. Hearing was then opened. It was noted that a petition of protest with 32 signatures had been received against this proposed rezone to RML, but that the signers would approve a rezone to RD for a duplex if the height limitation were set at 13 feet, to the peak of the roof. John Wells, 120 Edmonds Street, supported the petition of protest. He felt that if it were not rezoned to RD instead of RML, apartment houses would move in and this would be an injustice to the single home owners in the area. Attorney Gay Riach, representing Mr. Saindon, stated that they would limit the height of the duplex to 15 feet, but that 13 feet was impossible for an attractive building with the shape and type of roof plann- ed. He also noted that this would be cutting the present height limitation in half. Victor Schoch, 135 2nd North, stated that the 13 feet was to the peak of the roof accord- ing to the understanding of the signers of the petition of protest. Attorney Riach noted that this was a vacant lot and that the three other corners were all zoned multiple or commercial. He added that the contract Mr. Saindon had agreed to with the City stated that the owners of the property would not allow the construction of a building of more than one story nor more than 17 feet above the average ground level of said lot, nor having more than two units therein, and that said building will be located upon the property with relation to property and street lines as designated upon the plot plan attached hereto and by this reference incorporated herein, and that the owners further contract and agree that this agreement may be recorded as a covenant running with the land. He did, however, mention that the owner would approve of rezone to RD with a variance for set -back and a 15 foot height limitation. Fifteen feet to the highest point of the building was acceptable to Mr. Schoch. However, he was against the 17 foot limitation stated in the contract. There was a great deal of discussion on height limit- ations and RD as opposed to RML, but there were no other comments from the audience and the hearing was closed. Councilman Nordquist commented that in accordance with a statement made by Councilman Slye during the discussion, that he too did not feel that this piece of property needed to conform to the other corners for zoning, but that the whole block should be taken into consideration. He added that he felt the need for control of creeping rezoning. Councilman Kincaid noted that if the piece of property were maintained as single family, a house could be built to the 30 foot height limitation, but that a duplex would protect the height and subsequent view. Hearing was then closed. Following some discussion, it was moved by Councilman Slye, seconded by Councilman Nordquist that the recommendation in Planning Commission Resolution #271 be overruled and the rezone to RML be denied. • At this point Councilman Bennett wished to go on record as abstaining from voting on this matter because he had represented Mr. Saindon as his attorney in past months on other