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19700707 City Council Minutes99 fences in the area since the sewer had been installed, and if the valley were opened to the public, the people would not limit the use to a strip of land, so cyclone fences would probably be necessary to protect the property owners from trespassers. Dave Larson, 86Lh Pl. W., presented a petition signed by 14 separate property owners bordering the ravine, that stated "the undersigned petitioners, all of whom are interested property owners, hereby request that the City of Edmonds take no action to acquire a strip of land in the above described area (ravine between Yost and Pine Ridge parks) for park or trail purposes. Our reasons include the following: (1) Experience since the clearing of a swath through this area for the installation of sewers has been that public trail access brings many illegal and/or objectionable activities that cannot be properly policed. These include motorbike riding, dis- charging firearms, starting fires, drinking parties, smoking parties, and other rowdy and offensive acts. (2) The construction of sidewalks on Main Street and Bowdoin Way has provided adequate pedestrian access between the park areas. Mr. Larson introduced several of his neighbors who were in the audience, all owning property bordering,on the ravine. Mr. Larson then thanked the council for passage of Ordinance #1485 at the last meeting, prohibiting motorbikes, etc. from private property, which he said was of great help. He added that ponding of water in the ravine recently was encouraging mosquito breeding. City Engineer Leif Larson suggested the property owners block off the access areas for the present. Mr. Dave Larson stated that the storm sewer job was not completely finished, since grading had still not been done. Councilman Nelson noted that in essence, the city would be faced with an easement access. Mr. Larson protested the 33' wide trail system and asked why the 33 " The City Planner answered that it was • to allow the public use of the ravine as a connection between the two parks without destroying a green belt. Mr. Larson said he thought Main Street with its new side- walks was perfect for walking from one park to the other; it is patrolled and lighted; and the city does not need a public trail in residents' back yards. He cited the problems in neighboring north Seattle areas and said the property owners wished the ravine closed off and urged council not to adopt a policy to acquire this land. 1 • Mayor Harrison recommended to the council that nothing be done to acquire the land in the ravine area. Councilman Haines felt that there was a policing problem in all park areas; that it was the city policy to implement the comprehensive plan and if steps are not to be taken to do so, this should be removed from the plan. It was moved by Councilman Slye, seconded by Councilman Tuson that the city take no action to acquire the property in this ravine area. Councilman Nelson noted that he had assumed that tax benefits would occur if land were dedicated here, but he had been told tonight that these benefits would be minimal. However, he felt there was still room for consideration and he would be in no position to vote in favor of the motion. Motion"was then voted upon, with Councilmen Slye and Tuson voting in favor, Nelson and Haines against, and the motion failed to carry. Following more discussion, it was moved by Councilman Haines, seconded by Councilman Tuson that the Planning Commission be instructed to hold hearings on the possible removal of this ravine area from the comprehensive plan. Motion carried. There was no further business, and the meeting adjourned at 9:20 P.M. Irene Varney Moran, City Clerk July 7, 1970 ROLL CALL 2kz6t�_ H. Harrison, Mayor Regular meeting was called to order by Mayor Harve Harrison with all councilmen present. APPROVAL OF MINUTES Minutes of the regular meeting of June 16 and the recessed meeting of June 23 had been posted and mailed, and with no omissions nor corrections, they were approved as written. LETTER OF COMMENDATION Mayor Harrison read a letter from Robert E. Leaver, Secretary of the Board of Certi- fication of the American Water Works Association, announcing that certificates of competency are being issued to City of Edmonds employees Larry Billings and Kenneth Kukuk as Water Works Specialists, after their having sucessfully passed the exam- ination which, together with their experience and education, have qualified them for this rating. HEARING: ON PETITION FOR ANNEXATION o& 1ATHAY PROPERTY Hearing was held on the petition for annexation of the Mathay property, north side of 224th and east of Highway 99. Comment on the proposed annexation was given by City Planner Merlin Logan. He recommended bringing in the remaining acres along Highway 99 in that unincorporated area at the same time, as it involves a great deal of work each time for zoning by the Planning Commission. City Engineer Leif Larson • stated that although the city could serve the area utility -wise, this was in the Mountlake Terrace drainage area and would involve payment to them by Edmonds under W E the sewer agreement. The present zoning on this proposed area is multiple, with a small part general commercial, which would make a difference in sewage capacity, since these three acres would allow 60 units under multiple zoning. Attorney Curtis Thomson, representing the petitioners, requested that the area be annexed, as the owners wished to sell the property and annexation for availability of sewers was an important factor. Hearing was then opened. A woman owning property in the immediate area asked if the proposed purchasers of this property seeking annexation planned to build a road there. There was no definite answer to this question. 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 pro- posed Ordinance #1488 be passed to annex the Mathay property, north side of 224n and east of Highway 99. When questioned by councilmen, the City Engineer stated that he felt prior to an annexation hearing, written reports and facts concerning any effect to the city should be requested from departments in regard to disposal system capa- city; in this particular case how much money would be involved because of our agree- ment with Mountlake Terrace; storm sewers, zoning, etc., and no reports had been asked for on this petition as in the past. A roll call vote was then taken on the motion to annex the property, and it failed with Councilmen Nelson, Nordquist and Haines in favor; Sanborn, Tuson, Slye and Kincaid against. Following further discussion, a motion was made by Councilman Sanborn, seconded by Councilman Kincaid to request the Planning Commission to institute the necessary procedure for pre -zoning areas outside of the Edmonds city limits.and taking into consideration the entire unincorporated area north of 224th and east of Highway 99. A roll call vote showed Councilmen Sanborn, Nelson, Slye, Nordquist and Kincaid in favor; Tuson and Haines against, and the motion carried. It was then moved by Councilman Kincaid, seconded by Councilman Nordquist that council reconsider the annexation of the Mathay property and continue the hearing on the petition for annexation to September 15. Motion carried with Councilman Tuson voting against. It was suggested by Councilman Haines, who put it in the form of a motion seconded by Councilman Nordquist that all annexation petitions be referred to the city staff for data gathering of the necessary facts pertaining to the area in question and written reports be requested from these departments before the hearing appears on the council agenda. Motion carried unanimously. HEARING: ON PRELIMINARY ASSESSMENT ROLL -RESOLUTION OF INTENTION #232 Hearing was held on the preliminary assessment roll for Resolution of Intention #2329 paving of Walnut from 7th to 9Lh under the UAB. The City Engineer reported on the proposed improvement and explained the zone and termini method of assessment. Hear- ing was then opened. Harry Simmonds, 834 Walnut, asked if sidewalks were necessary on both sides, and he was also concerned with access to properties after grading. Ricky Vadset, 810 Walnut, was interested in estimates on underground wiring being done at the same time as the street improvement. A gentleman in the audience inquired about under- ground telephone lines. It was decided that firm figures would be obtained on underground wiring by the City Engineer. No one else wished to comment and the hearing was closed. A motion was made by Councilman Slye, seconded by Councilman Tuson that proposed Ordinance.#1488 be passed, creating LID #181, and the motion carried. PROPOSED ORDINANCE ON HORSES A proposed ordinance had been prepared incorporating recommendations made by a committee composed of five city officials, four horse owners or representatives of groups owning horses. And two people with problems relating to horse ownership. A large number of people interested in this proposed ordinance were present in the audience, and included representatives from the Edmonds 4H Mounties and the Tumble- weeds. Mr. Louis May, member of the committee who worked on the recommendations for regulation, gave a short report on the drafting of the proposed ordinance. Mayor Harrison announced that tonight was the first reading of this, and then asked for comments from the audience. Mrs. McDougal, member of the committee, spoke on the preparation and work done by them. Mrs. John Nelson questioned the regulations as being too restrictive for the keeping of horses. A gentleman complained about horses on the city streets. A man living on.7th N. had several questions on the premises regulations; who decides what is a reasonable accumulation of manure? And if it takes three people to sign a complaint, can these three people be members of the same household or does it have to be three separate neighboring property owners? Also how many flies are a reason- able number, and does the presence of flies determine there is a horse being kept in the area?. He added arguments against the fence requirements. At this point, Mr. Louis May noted that this proposed ordinance for Edmonds was more lenient than that of neighboring cities. Also that the committee had recommended no riding of horses on public beaches. A representative of the 4H Mounties spoke about the 4H program with its proper management and checking of standards, and suggested that the city needed some 4Hers on the Board of Adjustment for the investigation of complaints as. mentioned in the proposed ordinance. Mrs. Gold, 903 Cary Road, noted the low de- linquency rate among young people owning horses. She was in favor of horse trails in the city and felt the ordinance was premature and too strict on size of pasture C • fl 0 land. r Mayor Harrison felt that much could be gained by having heard the suggestions from the audience, thanked the people for attending, and announced that the proposed ordinance would come before council again at the next regular council meeting. RESOLUTION OF COMMENDATION - MEREDITH STOKES Attorney Murphy presented the resolution of commendation for Meredith Stokes for his service on the Civil Service Commission, and it was moved by Councilman Nordquist, seconded by Councilman Nelson that proposed Resolution #228 be passed, commending Mr. Stokes. Motion carried.. CORRESPONDENCE A letter was read from Judy Harris, Advertisement Chairman for the Youth Group of the Olmpic Baptist Church, requesting permission to hang two banners in the city _ advertise their Youth Crusade coming to Edmonds July 19th through 26+h. A motion was made by Councilman Tuson, seconded by Councilman Nordquist that .the Youth Group be granted permission to hang these banners with the supervision and approval of the City of Edmonds. Motion carried. COUNCIL PARTICIPATION Councilman Tuson brought to the attention of the Safety Committee the necessity to check the intersection of 2nd N. and Casper, noting that going north on 2nd there should be a stop sign. It was also mentioned that a situation existed on 98th W. and • Pine. These two locations were referred to the Safety Committee to investigate. CLAI14S FOR DAMAGES A claim for damages was acknowledged from Paul S. Magnuson, and this was referred to the City Clerk for processing. APPOINTMENT TO CIVIL COMMISSION To fill vacancy caused by the resignation of Meredith Stokes from the Civil Service Commission, Mayor Harrison made the appointment of Al Simpson, 840:Daley, to serve on the Commission. It was moved by Councilman Nelson, seconded by Councilman Tuson that the Mayors appointment of Al Simpson to serve on the Civil Service commission be confirmed. Motion carried. AUTHORIZATION TO EXECUTE FINAL POLICE CONTRACT Negotiations having been completed with the Union representing the Police Dept., a motion was made by Councilman Kincaid, seconded by Councilman Tuson that the Mayor be authorized to sign the contract with the Police Union. Motion carried. CONSIDERATION OF PARTICIPATION IN SNOHOMISH.COUNTY WATER & SEEDIER PROG.[2AM Mayor Harrison introduced Mr. Jim Smith, Planning Director for Snohomish County, who • spoke to council on the request for participation on t1he communities in the county water and sewer program at a cost of 14o per capita. City Engineer Leif Larson re -stated his recommendation that the City of Edmonds participate in this program, but in view of the $30,000.00 loan the city had already received from HUD for our own comprehensive sewer plan, he felt Edmonds should re- ceive some credit for this. He recommended, since the people of Edmonds head already paid for a sewer study at a cost of over $1.00 per capita, that they should be charged less than the 14¢, and perhaps 7.20 would be fair. Councilman Sanborn felt that the citizens of Edmonds had `paid in millage to the county once `and should not have to pay a second time as residents of the city, in as much as they had contributed already_.as city taxpayers. It was,moved by Councilman Sanborn, seconded by Councilman Slye that the council accept the recommendation of the City Engineer and participate in the Snohomish County Water & Sesser Program with a figure of 7.20 per capita. Discussion followed, during which time CAO D. C. Lawson cited the 8 mills the city pays to the county, making the-citi tens of Edmonds in fact paying double for .the service,, as Councilman Sanborn had noted. He also added that the city, hard pressed for funds with which to operate, had felt it necessary to levy the /2 sales tax, yet the county did not levy this tax because it had stated it did not need the extra money for its finan- cial operations. It was noted that the City of Edmonds' comprehensive sewer plans took in areas outside city limits, and the city would turn over the detailed plans to the county, making it unnecessary for the county to spend the money it would have cost for these. A roll call vote on the motion for the, 7.2¢ per capita passed, with Councilmen Nordquist and Haines voting against. CONSIDERATION OF INSTITUTING THE ADOPTION OF THE OPTIONAL MUNICIPAL CODE • It was moved by Councilman Nelson, seconded by Councilman Nordquist that the City �UU Attorney be instructed to draw a Resolution declaring the intent of the City of • Edmonds to become a non -charter code city, retaining the mayor -council form of government, and adopting RCW 35A for instituting the, optional municipal code. Motion carried. ACCEPTANCE OF LID #167 PROJECT With recommendation.of the City Engineer, a motion was made by Councilman Slye, seconded by Councilman Sanborn that -the City accept as completed LID #167, paving project on Forsythe. Lane from 5+h to.6b, and the hearing on the final assessment roll be set_�for August 18. Motion carried. ;. QUESTION OF PUBLIC ACCESS TO CITY BUSINESS LICENSE RECORDS There had been a request by an answering service to use the city records of business licenses for compiling a list to contact for business reasons.. Since these records were used by the police, building and fire departments, and in some cases contained information that was not considered of a public nature, council was asked to decide whether or not they should, be released to anyone asking for their use.. Following some discussion, it was moved by Councilman Haines, seconded by Councilman Kincaid that the city reaffirm the policy made in the past of not releasing non-public records for private business information and use. A:roll call vote resulted in all councilmen voting in favor except Slye and Nordquist, and the motion carried. SET DATE FOR BID OPENING ON LID #181 A motion was made by Councilman Slye, seconded by Councilman Kincaid that bids on •LID #181, paving of Walnut Street between 7+h and 9Lh, be opened on July 30. Motion carried. • SET PRELIMINARY ASSESSMENT ROLL HEARING -RESOLUTION OF INTENTION #233 Following the recommendation of the City Engineer, a motion was made by Councilman Slye, seconded by Councilman Nelson that the proposed UAB project for paving of 84!b Avenue W. between 2121h S.W. and the south city limits be set for a hearing on the preliminary assessment roll on August 4. Motion carried. There was no further business to come before this meeting, and it was adjourned at 11:20 P.M. Irene Varney Moran, City Clerk H. Harrison, Mayor July 21, 1970 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 Councilmen Sanborn noted that the minutes of the meeting of July 79 under the pre- liminary assessment roll hearing on Resolution of Intention #232, should state that the property owners involved in the LID would be advised of the firm figures on underground wiring as obtained -by the City Engineer. There were no other omissions • nor corrections, and the minutes stood approved as corrected. PLAT OF O'MALLEY'S ADDITION The final plat of O'Malley's Addition had been continued from the recessed meeting of June 23, City Engineer Leif Larson reported on the 20' dedication request by the City, as well as the storm drainage and asphalt over the drainage area requirement by the Engineering Dept. He recommended that these minimum requirements be met by the platter. Mr. Johnson, speaking in behalf of Mr. O'Malley, noted that dedications and vacations over the years left the present width of the street at 40, where this property is located. They were, however, concerned with having to dedicate 20, and also have the additional expense of the drainage and paving over the drainage area. This would mean losing one lot, and Mr. O'Malley stated he was willing to give 10' and the improvements, but not 20' and the improvements. He felt if he gave 101, the other side of the street could also donate 101. Councilman Sanborn thought it was .better to have the improvements and 101, making a total R/W of 50' instead of the required 60' by the engineering standards, but he felt this would certainly be adequate in this area, especially if the SW corner of the O'Malley property were deeded to help straighten the curve. Councilman Slye supported the recommendation of the City Engineer. Councilman Tuson stated that he agreed with the thinking of Councilman Sanborn. Councilman Kincaid asked the City Engineer about the recommendations on streets in this area and if he felt a 60' R/W was necessary to construct the street with improvements as requested. Councilman Haines felt this was an engineering problem and the council should go along with the recommendations, and he therefore made a motion, seconded by Councilman Slye that the council approve the final plat of O'Malley's Addition subject to the recommenda- tions of the -City Engineering Dept. in regard to the improvements -and standards. A. roll call vote resulted in Councilmen Nelson, Slye, Nordquist, Kincaid and Haines voting in favor; Sanborn and Tuson against, and the motion carried. •